HomeMy WebLinkAboutRES 235 Draft 01 1996-1998
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COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO.
235 98
HOUSING PRESERVATION GRANT PROGRAM TO PROVIDE LOW OR ZERO
INTEREST LOANS OR GRANTS TO QUALIFIED FAMILIES.
WHEREAS, the United States Department of Agriculture, Rural
Development (RD) , has advised the County of Hawai'i on
December 24, 1997, that a preapplication for the 1998 Housing
Preservation Grant (HPG) program is due on March 24, 1998; and
WHEREAS, $134,594.00 is available for Statewide competition;
and
WHEREAS, the primary objective of the HPG program is to
provide low or zero interest loans or grants to low income
families for basic renovations and repairs to their homes; and
WHEREAS, Section 2-73, Hawai'i County Code, requires that
all instruments and documents relating to the housing programs of
the Hawai'i County Housing Agency be signed by the Mayor as
authorized by the Charter and the Council; and
WHEREAS, it is required by the RD that the County of Hawai'i
submit a preapplication with certifications and other
documentation assuring conformance to related rules, regulations
and laws of the HPG program; and
WHEREAS, it is further required by the RD that, if the
preapplication is approved, the County of Hawai'i must submit an
application to obligate funds; and
WHEREAS, the County of Hawai'i passed a resolution on
May 20, 1997, approving a multi-year contract to implement the
1996, 1997 and 1998 HPG funds if the County is successful in
competing for these funds; and
WHEREAS, the Hawai'i County Economic Opportunity Council
(HCEOC) was awarded the multi-year contract; and
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WHEREAS, the County will amend the contract to implement the
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1998 HPG funds if the County of Hawai'i is successful in
competing for the 1998 HPG funds.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAI'I, that the Mayor of the County of Hawai'i or, in his
absence, the Acting Mayor is hereby authorized to execute and
submit the attached 1998 HPG preapplication and, if approved, all
other related documents necessary to process and implement the
HPG application and program with the United States Department of
Agriculture, Rural Development.
BE IT FURTHER RESOLVED that the Mayor or his authorized
representative is designated to act as the representative of the
County.
BE IT FURTHER RESOLVED that a copy of this resolution be
transmitted to the Office of Housing and Community Development.
Dated at Hilo, Hawai'i, this
6th
day of March
1998.
INTRODUCED BY:
CO
ROLL CALL VOTE
COUNTY COUNCn.
County of Hawaii
Hilo, Hawaii
AYES NOES ADS EX
ARAKAKI X
CHUNG X
LEITBEAD-TODD X
RAY X
REYNOLDS X
SANTANGELO X
SMITH X
TYLER X
YAGONG X
7 0 2 0
Reference C - 7 32
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of the
County of Bawall on March 6, 1998
A ITEST:
RESOLUTION NO.
235 98
0757H.CMY
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DONALD IKEDA
County Clerk
ALAN S. KONISHI
Deputy County Cleric
OFFICE OF 'THE COUN'TY CLERK
CONSTANCE R. KIRIU
LegIslatIve Auditor
County of HawaII
HawaII County Building
25 Aupum Strut
HIIo. HawaII 96720
BQ:II
On Resolution No.. 235-98
the attached 1998.HPG preapplication.
, reference is made to
Said Attachment is not part of the duplicate copies of
this Resolution, due to its size, but is available for viewing in
the Office of the County Clerk.
If further information is needed, please call
961-8255.
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Donald Ikeda
COUNTY CLERK
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APPLICATION FOR ~. 8 Approval No. ::.~.o041
Z OA!I SUIMITTIO ~OOhC."t d8f't.loel --
FEDERAL ASSISTANCE 'Q9-6000567
I TVlle 0' SUI MISSION: 3, OATI ~EC!IY!O IV ST.a.T! 3rate ~Oehcallon Ident,lo",
.!oQOltcalIO" PtUOOl/catlo" HI 860730103H HI 890222019H
0 eo"SttIoCtIO" o Construction
4 OAre qEC!lyeO av 'eO!~AI. "GENeV =edelal 'Cenllloel
C! 'Ill'l".C""SltUC'IO" : 0 'IlO".cO",truCllon
S. APPl.ICANT IN'0~M"T10N
Li<<;at '-ame Otoa",zaCIO".' U",t
County of Hawai'i Government
ACC:le53 'g'v. ,"., cou"", '1.1. ."t: :'Q :ot:., '111m. .IId :eteoholle 1u",ller 01 Ihe ;!elscn 10 tle COnlac:ed all "'111... '""ON.II0
Ch,S aec"c3ttCII 'gllle.",a :od.) .
50 Wailuku Drive 'Edwin S. Taira
Hilo. Kawai'i 96720 (808) 961-8379
I. !MPl.OveR IOENTI"~nON NUMBE" ,eIN,: 7. TVItI 0' A'II\.Ic.utT: lenl., aQO'Olm.l. I.".' .n 00.) []I
C!I!J - 1 6 010 I 015161 7 I A Silt. H Indeoendent SctIool 0.11.
e COUf'lY I 5111. eollUOlled InSlllullOn a' HiQflef I...,nlno
C MUIIlCloel J. P""lt. U"",,,,suy
s, TVPE 0' APPLICAnON: 0 TO.II"',O I(. Ind.an TfltMI
C! Ne.. o ContllllolflOll o R8\lISlcn e Inler'tale I.. IndIVidual
0 0 F Inler",IoftlCloaI M PrOht OlQatlI4:111C1t1
It R8\I'SlOn, enlel .eeloor'lt. !ellellSl 'II lXIx.ell G SQeC'a1 0t,troct N Otll", l$oeclty)
A ItICf81S8 A..ard e Decr.ase A.ard C lnet.... eurallOll
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o Oecr.l.. Olorltlon Other (Iaeclf'y, t. NAMI 0' 'IOIAAl. AGENCV'
USDA-Rural DeveloDment
'a. C""TAl.OQ 0' lIeOEAAI. OOMESTlC I 1 I 0 1.1 4 I 31 3 t t. OISCRllITlVI Tl1U 0' Al'PUCAHT'S ItRO.lICT:
ASSISTANce NUMBER:
n~eRural Housing Preservation Grant Rural Housing Preservation Grant Program Funds
will be u9~d to provide financial assistance
ProlZram to low and very low income rural homeowners to
12. "REAS "PFECT1!D BV ltIlO.lECT (c:lles, countl.,. st.r." ere) repair and rehabilitate their homes.
County of Kawai'i. State of Hawai'i
...
'3. PROPOSED PRO.lECT 14 CONGRESSIONAl. OISTAICTS Oil
Slllt 01" End'"0 O.le a "'oeltoalll ' b ~IOlecl
Hawai'i - 2nd District CQunty Wide-County of Hawai'i
IS eSTlMAreD 'UND'NG II IS APP\.IC""TlQH SU8.lICT fO "IVIIW IV STAre EXECUTlYE 0'1011112272 PROCESS'?
.J I=ed.,I' . 00 I yes THIS PREApGt,..Cl1'1C~u~p\.:CAnON WAS MAoe AIIAl1.A8l.e TO ,""e
134,594 STATE E'Cecurve o~ce", 12372 PROCeSS FOR ~ev'ew ON
0 AeOlocant S oa OATE
~ 3tac. S 00
D '110 0 PClOGFlAM ,5 ~- cove:aeo !3Y eo 1231'2
,I .oX3' S 00
13,459 0 CR PROGFlAM ..AS 'IlOr 3eeN Sel.eCTEO 9Y ST.:.TE FOR ~evlew
J :t"'", s 00
i' :loOIf'''''' :IICO"'. S 00 11 IS ""E APOI.IC.IINT OELINOuENT ON .a.NV "IOIRAL OEln
i C V,U XJ No
I ' '~Ul.. II V.5' .ltacll all '-C'I"'I'Oll
: , S ao
r 148.053
I II fO THE lIST 0' IrIIV ICNOWI.EOGE .a.ND IIL.e, Al.1. OAT.\ IN THIS .a.PPI.IC"TION PR","PPl.ICAnCIII AAI fAUI .a.NO CORRICT, THI DOCUMI!NT "AlBIEN OU\.v
! .a.UTMOAIZ!D BV fHE aOYE"NINa BOOY 0- rHI "PP\'IC:'NT "NO r..! .1PPI.IC.IINT WIl.L COMII\.V 'If'"" ""I .a.:'UCI<IO ASSURANCeS I' THI! ASSISTANce IS AW.\AOI!O
I I ~ ,eed '~''''" I' A":""/l:~ ~dOl~S4lf'1.J1 ... I D 1':le .: T~"oll' "10"'011'
Stephen K. Yamashiro Mayor (808)961-8211
I ,I :i"I"..IIo" .:1 ~..r"",,:1IC2 ~dOI"'III"I'."'''' . 0." ioq"ed
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BUDGET INFORMATION - Non-CQnstruction Programs
.OM" APP'U"il No. UJ411 .4~
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G.lnt P.og'lm
function
o. Activit,
(.)
1.
I.
1.
4.
S. TOTALS
SlellON A - BUDGn SUMMARY
'S--
C.tltog of fede..1
Dome"i( Ani".n(e
Numbe.
(b)
htim.ted Unoblig.ted funds
,
New o. Re"i'~d 8"dyet
fede,.1
C()
Non.feder.1
Cd)
fede,.1
Ce)
Non-fedeill
(I)
Totll
hJ)
s
s
s
s
134 594
13 459
s
148 053
, Object CII" Cltegwilll'
I. "."onnel
b- f.ingeee..e"b
(. T'I"el
d. tquip",."t
c. Suppl..,
f. (ont,l(tuII ,
g. Con~lfu(tion
h. Othe,
i. Tot!ll DII!"t Chi, '"' hum of.... . 6h)
j. tndi,e(t Chl.ge,
II. TOTALS C'um uf6..nd 6,)
J '
'-
107,676
13,459
121,135
134,594
13,459
148,053
s
s
s
s
s
148,053
p,og'lm In(ome
Authorized for local Reproduction
5...,1&.1..." fl.MRI ..2..A (4 8111
P,,,............. bV OMS c"L...... A,,02
.. $ SECTION C. NON.FEDERAL RESOURCES
'al Gra"l Prooram 'b' ADDllcanl tCI Stale td) Olher Source. ttll TOTALS
,. ."
.'" Hawai'" S 1'1 1."0 S S SI'\,4'ic)
County of
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10
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U. lOTAlS hum 011111'" 8elnd II) S 13.459 s s s
. 13 .459
SECTION D.. FORECASTED CASH NEEDS
-
Tolal for lilY.., III 0",,," Ind 0......, J,d 0....'1.' 411, 0....,.., -
hder ell
S 134,594 s 23.554 s 37 013 s 37.013 s 37.014
14. Nonf~der.1 13.459 1') t.r;.Q
,s lOTAl (sum 01 h"t." ll.nd 14) S 148.053 s 37.013 s 37 013 S 37.013 s 37.014
SECTION E. BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT
(a) Gran' Pr09r,:"' tUIU.' tUIIUlNCO '1Il100' Ih..oI
'bl fiJlI Ie) Second Id) Third (~) foullh
,.. S S S S
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11. 'J
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20. TOTALS (sum o. hn6!\ 16-19) S S S S
SECTION F .. OTHER BUDGET INFORMA TlON
(Attach .dd'l.onell Sheets ,. Nece"ar~)
21. D.,ect Charge': 122. Indirect Cha.ges:
H R~ma.ks
~, ollolA ,01 1111) .....Ju 2
..'''''-..1...... by UMIt L......IIII A '02
Authorized 'or Local Reproduction
iOA.FmHA
Inn FmHA 1940-20
ev. 1.92)
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POSll/on J
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flORM APPAOvt!D
,OMS NO. 0l57s.0084
REQUES~l FOR ENVIRONMENTAt' INFORMATION
, '
Name of Project
Preservation Grant
Location
~m 1a. Has a Federal. State. or Local Environmental Impact Statement or Analysis been prepared for this project?
C Yes ill No Cl Copy anached as EXHIBIT I.A.
lb. If "No." provide the information requested in (nstructions as EXHIBIT t.
~m 2.' The State Historic Preservation Officer (SHOP) has been provided a detailed project description and has been requested to submit
comments to the appropriate FmHA Office. C! Yes d No Date description submitted to SHPO ' ,
~m J. Are any of the ,following land uses or environmental resourceS either to be affected, by the proposal or located within or adjacent to the
project site(s)? (Check appropriat~ box lor ~very ittm 01 the following clt"klist). '
Yes No Unknown Yes No, Unknown
Indus tri a I ..... .............................. .......... 0 0 ill 18. B eac hes ........................................................... 0 11I 0
, ~ , ,
Commercial.:.................'.....................: 0 0 ill l~. Dunes ........................................:.... ....:............ 0 aa 0
Res ide n t ial ........................................... 0 0 ca 20. . Estuary ...........................:.....:.......................... 0 ca 0
A gric u I tu ral ......................................... 0 0 ca. 21. Wetlands ...................:..................................... 0 ~ 0
c'
o raz in g . ................... ....:...... .................. 0 ca 0 22. Flood pi ai n .............................................~....~... 0 !II 0
~ining. Quarrying ............................. 0 III 0 23. Wi I demess ...............................:...... .......:....... '0 XI 0
(dlligflatrd 0' propos,d lIf1drr tit, Wild"fllIS
Fores ts . .......................... ....................... 0 0 Kl Act)
, .
24. Wild or Scenic River ............................:....... O. XI C!
R ec reati onal .:...................................... 0 0 11I (p,opos,d or d,sigflatld "fld" tit, Wild afld
SUflic Rill'" I4ct}
,. rans po rtati on ....................:.... ........... 0 0 ill "
25. Historical. Aceheological Sites .........~........ 0 0 [!
{Listld Oil tit, NlltlOll,II R"ist" 01 Histo,ic
Park~ .......................~............................. 0 0, ill P(IIUS 0' .wlticlt mll1 b, ,ligiblllo, listifl')
. . 2~. 'eri tical Habi tats ................................:........... 0 [! 0
Hospitals .............................................. 0 0 ca
{,IId"II,,,,dltltfl'It'f1,d splCi,s)
School s ......:.......................... .............:.. 0 0 I] , all 0
27. Wi I d I i f e ...... ....... .................. ............. ...... ......... 0
l ..
Open spaces ............:..........:................. 0 ",0 QD 28. A ir Qual i ty ..................,'.................................. 0 l!I C!
Aquifer Recharge Area ....................: 0 0 Xl 29: Solid Waste Mana8emen~ ..:......................... 0, 0 I]
30. . Energy ~ uppl ies . ............................................ 0 0 ~
Steep Slopes .........................:.............. 0 0 Xl
3i- N alural Landmark ......................................... 0 ~ 0
Wildlife Refuge .................................. 0 Xl 0 (Lilt,d Oil N"tio'f1ai R'fi"" 01 Natll,al
Ltt"dmll,b)
Shoreline .............................................. 0 Xi 0 32. Coastal Barrier Resources System............. 0 Xi Q
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~m "" ,Are any (~cilities under your o~nershlp. lease. or supervision to be utilized; in the acco.mplishement of this project. either listed or
'under consideration for listing on the Environmental"Protection Agency's list of Viola.ting Facil,ities? 0 Yes all No
(Dat.),
Signed:
County' o,f Kawai' i
. (Applictlllt)
". SteDhen K. Yamas~iro. Mavor
r.- .," ,,' (Till.).
, '. . . . ,,-..-
,""lIc NPortilr, """',, '0' tilt. collecdoft of ."'" t. ,."~.cf to .w.... 10 to "0 "OlIN _: IItc/fMlbt, fII. "".. fo' N,;"w~1 1ft; "
.m.crt...... .--It..., Olfgn", det41 .ollreo.. ""'0 ",.bUlIllllft, ".. dot41 "0"4. ..4 C_plo"", . wilt, tit. collecn... of IItfO"fl~tlOIt. ......
" co",,,,,..t. NJGft!.iIt, tilt. "wdOIl ,.""'.t. 0' OIl' ..".ct 01 tilt. ColloC"Ofl of Iftfo"".no... Iftcludill ~fto... for NCIIUCIII' tilt. ".."..... to Oo"R""
_"t of 'Alf'lCuJtun CIo......c' OffIce,. OIR."'. Roo", "04.W W..llIItItOll. D.C. 20250' 0114 to tII. 0 fie ( ."......"',nt ..4 Bud,.t. '011.""'" o. "
dllclto" """'.Ct fOMB .VlJ 0515.00"41. W....II....tlJ" n I" "".(0:1 ",._ DO .VOT RETURN tll" 10- to .1"'., of tll... addN..... F'o",,1Jrd to '",HA
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u.s. DEPARTMENT OF AGRIC~LTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regul~tions implementing Executive Order 12549,
Debar.ent and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities.
The regulations were published as Part IV of the January 30, 1989, Federal Reqister (pages
4722.4733). Copies of the regulations ..y be obtained by contacting the ~epartment of
Agriculture agency offering the proposed covered transaction.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective prl..ry participant certifies to the best of Its knowledge and belief,
that It and its principals:
(a)
are not presently debarred, suspended, proposed for debarment, declared
Ineligible, or voluntarily eXCluded fr~ covered transa~tions by any Federal
depart..nt or agency;
(b)
have not within a three.year period preceding this proposal been convicted of or
had a civil Judgment'rendered against the. for c~ission of fraud or a crl.inal
offense In connection with obtaining, atte~tfng to obtain, or perfor.lng a public
(Federal, State or local) transaction or contrac(under a publfc transaction;
vfolatlon of Federal or State antftrust ~tatutes or commission of e.bezzlement,
theft, forgery, brfbery, falsfffcation or des~ructlon of records, ..king fal.e
stat...nts, or receiving stolen property:
.~
(c)
are not presently Indicted for o~ ot~erwfse cri.inally or civilly charged by a
governm.ntal entity (Federal, State or local) wfth co.-isslon of any of the
offenses enu.erated fn paragraph (1)(b) of this certfflcatlon; and
(d) have not wlthfn a three.year period preceding this application/proposal had one or
~re publfc transactfons (Federal,,'State or local) ter.inated for cause or
defaUlt.
(2) Where the prospective pr,faery partfcfpant fs unable to certify to any of the state.ents
fn this certification, such prospective participant shall attach an explanation to this
proposal.
County of Hawai'i
Organization Na.e
Rural Housin2 Preservation Grant
PR/Award Number or Project Na.e
Stephen K. Yamashiro. Mayor
,Na.. and Title of Authorized Representative
Signature
Date
For. AO.1047 (2/89)
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JNS't ..JCTIONS FOR CERTIFICATION
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,. Iy Ilgnlng'aftd subllhtlng thh for., the prospective prlury participant I,' providing the
certtflcatlon .et out on the raver.e .Ide In accordance with the.e In.tructlons.
Z. 'Th. Inability of a per.on to provld. the ~.rtlflcatlon r.qulr.d below will not
n.c....rlly r..ult In denial of participation In this covered transaction. Th.
prosp.ctlv. participant shall sublalt an .xplanatlon of why It cannot provld. ,the
certification .et out on this for.. Th. certification or explanation will be con.ld.red
In connection with the d.partment or agency'. deter.lnatlon whether to .nter Into thl.
transaction.' How.v.r, failure of the pro.pectlv. prl..ry'partlclpant to furnl.h a
certfflcatlon or an explanation shall dl.quallfy .uch person fro. ~rtlcll?atfon In thh
t,:an.actlon. '
3. The certification In thl.' clau.. ~s a .at.rlal r.pr..entatlon of f,ct upon which 'r.llance
was placed when the department or agency determined to ent.r Into thl. transaction. If
"It Is later determined that the prospective primary participant knowingly rendered an
,erroneous certification, In addition to oth.r remedies available to the Federal'
Gov.rnment, the depart.ent or,ag.ncy .ay t.,..lnate thl. transaction for cau.e or d.fault.
4. The prospective pri..ry participant .hall provld. i...dlate written notice to the
d.part..nt or agency to who. thl. propOsal Is .ubllitted'lf at any tl.. the prospective
prl..ry participant learns thet Its certification was .rroneous when .ubllltted or ha.
become erroneous by rea.on of ~hang~ clrcum.tance..
S. ,; The ter.. "covered tran.action,''' "debarred;" ".uspended," "ineligible," "low.r tier
covered transaction," "participant," "person," "prl..ry covered transaction,"
~princlpal," "proposal," and .voluntarily excluded,. as u.ed In this clause, have the
..anlng. .et out In the DefinitIon. and Coverage sections of the' rules i~le.enting'
Executive Order 12549. You may contact th~ depart~nt or agency 'to which this proposal
ts being su~itted for assistance In obtaining a copy of those regulation.;
6.,. The'pro.pective primary participant agrees by subllliuing 'thh for. that, .hould the
proposed covered transaction be 'entered into, It shall not knowingly enter Into 'any lower
tier covered transaction with a person who Is debarred, suspended~ declared Ineligible,
or VOluntarily excluded from participation in this covered transaction,' unle.. authorized
by the department or agency entering Into thl. tran.action. -
7. The 'prospective primary ,participant further agree. by sub8ittlng this for. that It will
Include the clau.e titled "Certlflcatlon Regarding Debarment, Suspension; In.ligiblllty
~ and Voluntary Exclusion. Lower Tier Cov.red Tran.actlons,. provided by the d.part.ent or
agency entering Into thl. covered transaction, without modification, tn'all lower tier,
cov.red transactions and In all solicitations for lower tier"covered transactions.
8. A,partlclpant in a covered transaction may rely upon a certification of a prospective
participant In a lower tier covered traosaction that It Is not debarred, suspended,
Ineligible, or voluntarily excluded from ,the covered transactio~, unless It knows ,that
the certification Is erroneous. ,A participant .ay decide the method and frequency by
which It d.terlllnes the eliglbit Ity of its principalS. EaCh participant ..y, but Is not
required to, ch.ck the Nonprocur...nt List.
9. Nothing contained In the foregoing shall be constru.d~to require .stablishment of ·
syst.. of records In order to render in good 'aith the certification req~lred by this
clause. Th. knowledge and Information of a participant I. not r.quir.d to exceed that'
which I. normally possess.d by a prud.nt p.rson in the ordinary COUrS' of'busines.
dealings.
10. Exc.pt fo~ transactions authorized under paragraph 6 of these instructions, if a
participant In a cov.red transaction knowingly .nters into a lower ti.r, covered
transaction with a p.rson who is suspended, debarred, In.ligible, or voluntarily excluded
'from participation in this transaction, in addition to other remedies avaitabl.' to the
Federal 'Governll.nt, the department or agency ..y terminate this transacti~n for cau.. or
defaul t.
2
,Form AD.t047 -(2/89)
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.U s GPO" ee.-555.()()9103021
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Form RD 400-1
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(Rev. 9-96)
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FORMAPPROfED
OMB No.OS7S4)019 a
UNITED STATES DEPARTMENT OF AGRICULTURE
EQUAL OPPORTUNITY AGREEMENT
nus agreement. dated
between
Count V of Hawai'i
(herein called "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant to the rules and
regulations of the Secretary of Labor (berein called the 'Secretary') issued under the authority of Executive Order 11246 as amended,
witnesseth: '
In consideration of rmancial assistance (whether by a loan, grant. loan guaranty, or other form of rmancial assistance) made or to be
made by the USDA to Recipient, Recipient hereby agrees, if the cash cost of consauction work performed by Recipient or a consauction
contract rmanced with such rmancial assistance exceeds S 1 0,000 - unless exempted by rules, regulations or orders of the Secretary of
Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for consauction work. or modification thereof, subject to the relevant
rules, regulations, and orders of the Secretary or of any prior authority that remain in effect. which is paid for in whole or in part with the
aid of such rmancial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or
national origin. The contractor will take affumative action to ensure that applicants are employed. and that employees are
treated during employment, without regard to their race. color. religion. sex or: national origin. Such action shall include, but
not be limited. to the following: employment, upgrading, demotion or transfer: recruitment or recruitment advertising: layoff
or termination; rateS of payor other fonns of compensation; and selection for training. including apprenticeship.lbe contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
USDA setting forth the provisions of this nondiscrimination clause.
(b) 1be concractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without regard to race, color, religion. sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice. to be provided by the USDA, advising the said labor union or workers' representative
of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of
September 24, 1965, and sball post copies of the notice in conspicuous places available to employees and applicants for
employmenL -..
(d) The 'contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations
and relevant orders of the Secretary of Labor and of any prior authority which remain in effecL
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules,
regulations. and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil
Rights Office of Director. and the Secretary of Labor for purposes of investigation to ascenain compliance with such rules,
regulations. and orders.
(0 In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted ConsU'Uction) clause or with
any of the said rules, regulations, or orders, this contract may be cancelled, terminated. or susPended in whole or in part and the
contractor may be declm:d ineligible for funher GoVenunellt Contracts or Federally Assisted consauction contracts in accordance
with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as provided by Law.
(g) The contractOr will include the provisions of this Equal Opportunity (Federally Assisted Consauction) clause in every subcontract
or purchase order, unless exempted by the rules, regulations, or' Orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or
vendor. Jbe contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided, however. that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the USDA,
the contractor may request the United States to enter into such litigation to protect the interest of the United States.
"uhI~ "fJIII'll"lI 1M,." lor ,la, ~1lI1~ 0( itrf- " rlliMrd '0 -..r 10 _rI ~ rr..... ietwll... ,Iw ,,_ lor fYWM". i",,~,. ~Iti... rnlfi". dolo 1lIWrr'.
..Iw"". (IItI/ __",.. IIw "0 1tIMIrd. (IItI/ """"''''''. tMtI "",_"ft IIw ~1lI1_ 0( ,trf-. SPtI ~, r~". lla, IN,." r"'~' or l1li7 01"" O'lJ'f'f 0( ,,,,, roIlm,,,,,
If .tt{--. IIdW/,.. ",.,,"""" for tWIwi"lI ,,,,, bwdr". 10 DrtMn_1I{ AI"Cllltwr. CJ~ Of/icrr. OlRM. AG /In 14JO. W,"",,,.,_. O.C. ztnSO ,...... DO NOT RETtJRN
IIU 1_ .. tJIiI....... F_wrtI ,e IIw ..I USDA If#i~' -"!' y"""" _ r",.irrd 10 rftl'tMtllO tIlt, roIlm_1I{ itt/-- ""',,, " ~ 0 t:tIrrr""!' ...IitJ OMS rIJtfffYIIlftlllllwr.
RD 400-1 (Rev. 9-96)
Position 6
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2. To be bound by me provisions of th~ ~ Opponunity Oause in construction work p. /med by Recipient and paid fOf in whole or
in pan with the aid of such financial assistanCe.
3. To notify all prospective conU'lCtors to file the required 'Compliance Statement'. Form RO 400-6. with.their bids. '
,4. Form AD-42S; lnstn.lctions, to ContraCtors. will accompany the notice of aw~ of the conU'8c:t. Bid conditions for all nonexempt
Federal and Federally assisted constn.lction contraCtS require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative
action and equal employment opponunity requirements. All bidders must comply with the bid conditions contained in the invitation to
be considered resPonsible bidders and hence eligible for the award. .'
S. To assist ana cooperate actively with USDA and the Secretary in obtaining the compliance of contraciors and subcontractors with the
. provisions of the Equal OpportUnity Clau~e and the said rules. regulations. and orders. to obtain and furnish to'USOA and the Secretary.
Form AO-S60. Cenificati!)n of NonsegTegated Facilities. to submit the Monthly Employment Utilization Repon. Form CC-257.
as required and such other iMormation as they may requiR th,e supervision of such compliance. and to otherwise assist USDA in the
discharge of its primary res~sibil,ity for secunna complian~e. '
6. To refrain from, entering into any conU'aCt. or extenSion or odU:r modification of a con~ct. subject ~ such EXecutive 'Order with
a contractor debarred from Government contraCtS or Federally lS:Sisted constrUction conuac:ts pursuant to Pan n. Subpan O. of such
Executive Order or to prior authority; ~d to can:Y out such ~ctions and pena1~e~.ror violation of~e prQvisions of the Equal Opportunity
Clause as ~y ~ imposed upon contractors, and subcontractors by USDA or the Secreta:ry pursuant to suCh Sub~ D.
7. That the Recipient fails or refuses to comply with these ~8S. USDA may take any ~d all of the following actions: <a) cancel.
terminate: or sUspend said finandal assistance in whole or in pan; (b) reirain from extending ~y further' assistance under the program
involved until satisfactory assurance of. future compliance has been received from Recipient; and (c) ref~r the case to the Office of
Federal Contract Compliance Programs. U.S. Depanment of Labor. ' ' ,s
Signed by the Recipient on the date'first written'above.
County of Hawai'i
Recipient
Stephen K.' Yamashir~ '
.Mayor
Name of 'Corporate Recipient
. Recipient
(CORPORATE SEAL) ,
Anest:
By
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President
Secretary
.U.S.GPO:'....,..S1l11201.0
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FOR."t APPROVED
OMB No. 0575-0018
a
USDA
Form RD 4~
(Rev. 3-97)
ASSURANCE AGREEMENT
(Under TItle VI. Civil Rights Act of 1964) ,
The Countv of Hawai'i
(name of recipient)
25 AUDuni Street. Hilo. Hawai'i 96720
(address)
("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will continue to
comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.). 7 CFR P3rt IS. and Rural Housing Service. Rural
Business-Cooper3cive Service. Rural Utilities Service. or the Farm Service Agency. (hereafter known as the" Agency") regulations
promulgated thereunder. 7 C.F.R. f 1901.202. In 3Ccordance with that Act and the regulations referred to above. Recipient agrees that
in connection with any program or 3Ctivity for which Recipient receives Federal financial assistance (as such term is defined in 7
C.F.R. A 14.2) no person in the United Srates shall. on the ground of r3Ce. color. or national origin. be excluded from participation in.
be denied the benefits of. or be otherwise subjected to discrimination.
l. Recipient agrees that any transfer of any aided facility. other than personal property. by sale. lease or other conveyance of
contract. shall be. and shall be made expressly. subject to the obligations of this agreement and transferee's assumption thereof.
2. Recipient shall:
(a) Keep such records and submit to the Government such timely, complete. and acc:urate information as the Government may
determine to be necessary to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Agency or the U.S. Department of Agriculture during normal business
hours to such books, records, accounts and other sources of information and its facilities as may be pertinent to ascertaining such
compliance.
(c) Make available to users, participants. beneficiaries and other intereSted persons such information regarding the provisions
of this agreement and the regulations. and in such manner as the Agency or the U.S. Department of Agriculture finds necessary
to inform such persons of the protection assured them against discrimination.
3. The obligations of this agreement shall continue:
(a) As to any real property. including any structure,' acquired or improved with the aid of the Federal financial assistance.'so
long as such real property is used for the purpose for which the Federal financiaIassistance is made or for another purpose which
affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property. whichever is
longer.
(b) As to any personal property acquired or improved with the aid of the Federal financial assistance. so long as Recipient
retains ownership or possession of the property.
(c) As to any other aided facility or activity. until the last advance of funds under the loan or grant has been made.
4. Upon any breach or violation this agreement the Government may. at its option:
(a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility. project. service or
activtty.
(b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United
States or the Srate in which the breach or violation occurs.
Rights and remedies provided for under this :I.greement shall be cumulative.
In witness whereof. County of Hawai' i on this
(name of recipient)
date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto. or. if a n3tur31 person. h:l.s
hereunto executed this agreement.
Stephen K. Yamashiro
Recipient
(S E A L)
Date
Attest:
Mayor
ntle
ntle
",,"tUu1lt hi ,,.. PIlP.-."t RfthM;nlHl ~, tlf 199$. l1li IH'''- ..~ ~"",'.d III -fIUNJ 10 .. ",titre"'". It( ut{rt- W11~.r " JUp/II"" ",dill OMS C,JllltrH 1tIIIfIbfr, T1w ",,'1lI OMS
"utI,,,1 11__' In, ,1114 "'ft'~""11 ~ulbtf;,"", U O$704JOIH. T1w,_ ,..,...,ftlIU "Hllpl.,. i/w 'II/U,."I/III 14 ..r_RID aw",~. IS ...."ur..r "., ,..",_.. ",dlulill, ,,.. IlIq /t"
'.........1I1t """""111""'. ..'UIC_1t ._"", JaI4 xUfUl:tn. 1,"""'''''' .wI_IIlIG""", ,,.. Juro _ftWtL tUul4~"'II' tUuI '......'11' ,,.. .alltrellDll tll "''''__'111'''
'U S::lPO '997 558-3581ze,g5
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FmKA Inseruction 1944-N
Exhibie F-l
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Guide'Fo~ Completing Form FmHA 1940-20,
"R.equest,__for Environmental Information"
'for _ Preapplieation for Housing Preservation Grant (HPG)
Iner~duction
'The purpose of this guide is to simplify the' HPG applicant's task in
completing Form FmKA 1940.720" "R.equest For 'Environmental Info~tion'."
The guide tailors the use of the form to the needs of, ehe HPG program.
Applicants should first read the 'questiOns on tpe form and' then use this'
guide in preparing eheir responses.
Completion of"Ite~,lb
, "
-'Item Ib of the form is completed whenever the applicant checks the "No"
block under ieem la.
'-'Since financial assistance for a~ HPG has been defined by Farmers Home
Administration (FmHA) as'a Cl.ss I action, the applicant need only provide
the following information when filing a preapplication. If further
information is required, the applicant will be so advised by ehe FaHA
office processing the preapplicat10n. The following is a discussion on
how to respond to thes. six required parts.
1.
Prima~ Beneficiaries
."
For the purPoses of'determining the HPG proposal's environmental
impacts,:the primary, beneficiaries for' an HPG will be ehe residents'
of the dwellings to be repairedan~/or rehabilitated. Therefore, the
applicant should briefly staee the expected nUmber and, ,type of,'
dwellings that the proposal ~ay assist 'and, in particular, all repair
and rehabilitation activities that are part of the' pro?osal.
2. ~rea Descrintion
"
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(a) The applicant does not need to provide any description of the'
specific dwellings to be repaired or rehabilitated'. , Kost of these'
are probably un~nown a~' the time of preapplicat~on submittal.
Therefore, a more 'general description should be provided of the
geographical area(s) in which the applicant'S ~PG program will
operate. ~The, applicant must, describe: . '
-(1) The environmentally sensitive land uses within this
geographical area( s) sitch as f,loodplains, wetlands, and',coas cal
areas;
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FmHA Instruction 1944-\
Exhibit F-l
,Page 2
(2) The presence within the geographical area(s) of all
environmental conditions such as,excessive noise levels, radon
gas, inadequate water supply or sewage treaement, contaminatior
from toxic, hazardous, or radioactive substances, seismic
conditions. a violation of an ambient air, quality standard(s)
resulting from emissions from a'major facility. or any other
health/safeey hazards known to the applicant: and
(3) The potential for properties to be assisted by the
applicant's program to be located in or impacted by the
conditions described in paragraphs (1) a~d (2) of this section.
(b) For each box checked -Yes. in item 3, describe the nature of the
effect on the resource. If one or more of boxes 17 thru 22 is
checked .Yes. or .Unknown." contact FmHA fo~ instructions relating to
the requirements for floodplains. wetlands. and the Costal Barrier
Resources System.
(c) In terms of maps and descriptive information, a map showing a
reasonable amount of detail.' i.... all roads. waterways, railroads,
airports, etc.. must be provid.d that clearly, delineates the
geographic area(s) to be served by the HPG program. Also, if the
applicant has plans to concentrate HPG funds in a particular area or
on a particular eype of housing, associated general locations should
be highlighted on the map.
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3. Public Reaction
(a) Describe .ny objections which have been made to the project.
(b) If a public hearing has been held, attach a copy of the
transcript or other official record of the hearing. If a public
hearing has not been held. certify to that effect.
(c) Indicate any other evidence of the communities awareness of the
project such as newspaper articles or public notification.
4. Miti,ation Measures
Applicants will use this part to describe the mitigation measures
that will be considered and/or used should any dwellings to be
assisted be located within the environmentally sensitive or hazardous
areas described by the applicant in response to section 2 of chis
exhibit.
FmHA Instruction 1944-N
Exhibit F-1
Page 3
S. Permits
Discuss the 'status of, and if 'available, attach,any State, sub-State,
or local permits or permitting,processes of an environmental nature
that will have to be complied with in the implementation,of the HPG
program. There is nO FmHA requirement that applicants apply for,
permits during the preapplication or application review process~
6. Qther Federal Act~ons
Identify 'othe,r federal programs or actions which a~e either related
,to this projec~ or located in the same geographical area(s) and for
which you' are f~ling a preapplication, have recen~ly received~
approval, or are in the ,.planni~g stages.
Comelet,ion of Item 2 ','
Applicartts must complete this item. Applicants'must develop their
proposal as it relates co hi'storic preservation in consultation with the
State Historical Preservation Officer (SHPO) ,and provide the SHPO with a
copy of their statement of'activities and be p'repared to discus~ and
modify it to reflect the historic preservation requirements of the HPG
program. (For further information, please review,i1944.673 of this
subpart and. the Programmadc Memorandum of Agreement (fmHA, Instruction
2000-FF) provided as part the HPG preapplicacion package.)
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'Comeletion of Item 3
Self-explanatory.
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Comeletion of Item'4
n,.e answ4lr to this question will, be known by the applicant, since the"
'app,licant, would have 'been' formally notified by 'the U. S. Environmental
Protec~ion Agency ,if ;he applicant has been listed or is under
consideration'for ~isting. '
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FmHA Instruction 1944-N
Exhibit F-2
Guide: Grantee's Process for ,Identifying Properties
Requiring FmHA Environmental Assessments
I. Before beginning work on a particular dwelling, we (grantee) agree to
answer the following questions in accordance with the accompanying
guidelines:
A. Floodplains, Wetlands, and Costal Barrier Resources System
(CBas)
1. Is the dwelling located i~ a lOa-year floodplain?
The grantee will check the latest Federal Emergency Management
Ag~ncy (~EKA) Floodplain Insurance Rate Maps to determine if
the property is located in a 100-year.floodplain. These maps
are provided by FEKA, to each community"which has been mapped,
and may be reviewed at loeal municipal or county governmental
offices. FEKA maps may be purchased from FEKA's Flood Map
, Distribution Center by calling 1-800-333-1363. In addition,
Farmers Home Administration (FmHA) County Offices maintain an
unofficial set of the maps. If a community has not been
mapped, information regarding fl~odplains may be obtained from
the Soil Conservation Service (SCS) , the U.S. Fish and
Wildlife Service, the U.S. Army Corps of Engineers, the U.S.
Geological Survey offices, or regional or State agencies
established for flood prevention parposes.
The grantee will check with the FmHA County Supervisor if a
dwelling appears to be in a questionable location. When
advised to do so by FmHA or on~ of the above agencies, the
grantee will obtain the services of a registered engineer or
appropriate environmental professional to make the floodplain
determination.
2. Is the dwelling located in a wetland?
The grantee will check with the local SCS office to determine
if the dwelling is located in a wetland protected by Executive
Order 11990, "Protection of Wetlands.," When advised to do so
by SCS or FmHA, the grantee will obtain the services of an
appropriate environmental, profeSSional to make the wetland
determination.
(09-01-93) PN 21r
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FmHA Instruction 1944-N
Exhibit F-2
'.Page'i
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If the dwelling is 'located in a floodplain or a wetland, the
,grantee will do no work on the dW,~lling until FmHA' completes
an environmental assessment. The 'gran~ee will abide by, the
decisions resulting'from the assessmen~., including mitigation
measures or a 4ec1sion to rej.ect the dwelli~g for th~ 'Housing
Preservation Grant (HPG) program. the ,.a,pplicant will provide
the,FmHA official, performing the assessment a copy, of the
proposed mitigation measures for proverties located in
floodplains orwetlan4s suhmicted with Form FmHA 1940-20.
,"Request for Environmental Information.". '
3. Is the dwelling located in the C~~?"
,.,If the' dwelling is located on or. adjace~t to, a coast of the
United States or the Great Lakes. the grantee'will check ~ith
, the U. S. Fish and tlildlife Service to determine if ehe "
property is part of the CSRS. FmHA County Offices servicing
coastal areas may also,have CSRS,maps.'
If a dwelling is located within the csas., the dwelling is
ineligible for the HP~ program.
,.
B: R~storic and Archaeolosical Properties
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4. Does the dwelling -or properey have any'"M.st,oric or
archaeological value? .~
The 'grantee will develop in c~nsultation with the State
Historic, Preservation Officer (SHPO) a process to ensure full
comp~iance ~ith th~ spirit and in~ent of FmHA In~ttuct10n
2000-FF. The process, will take into account the national
historic preservation objectives set forth in'Attachment 1 of
Exhibit A of FmHA Instruction ,2000-FF. and will encourage the
rehabil~tation of historic buildings in a ma~er that
realistically meetS the needs of' very low- ,and low-income
property owners while preserving the histor~c and
architectural character of such buildings.
The grantee will ideneify properties that are listed or
el~gible for' listing on the National Register of Historic
'Places. This will be accomplished by evaluaeing the property
'as set'forth in Attachme~t 2 of Exhibit A of FmHA Instruction
2000-FF.
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FmHA Instruction 1944-N
Exhibit F-2
Page 3;
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At a minimum, the grantee will contact the SHPO and request
comments when any of the following conditions occur:
(a) The dwelling proposed for rehabilitation and/or
repair is older than 50 years;
(b) iegardless of age, che property appears to have
significant historic and/or archaeological features,
including, but not limited to:
(1) The dwelling appears to have unusual
architectural features which are not typically
found in the area;
(2) A graveyard or burial ground of any type is
known to be on the properey;
(3) The property concains or is known to have
contained a significant number of artifacts such
as arrowheads, stone tools, etc.;
(~) The property is.located in or adjacent to a
currently listed historic district or site.
(c) Any other conditions agreed upon by the grantee and
SHPO under the terms of F~ Instruction 2000-FF.
~en planning the rehabilitation of a historic property
for a proposed recipient, the grantee will comply with
the ~~~~;~~~ 0; ~he i~~~~;or's. Standards for
8.eha________n _!!_ Cu______es for Rehabilitatinlt
Historic Buildinlts to the extent practicable.
If, after consulting with SHPO, it is determined the
s:~r~~~~ ~~ :h~ ~n~.~l~~'~ ~r.ndards 'or Ri~~l~~;:rion
~ 1 e 0 e a 1 t ttn2 Historic Buildinlt.
cannot be reasonably met, or it is determined a historic
property will be adversely affected, the grantee will
furnish all necessary information and initiate formal
consultation to afford the Advisory Council on HistoriC
Preservation an opportunity to comment. Attachment 3 of
Exhibit A of FmHA Instruction 2000-FF provides
additional guidance on this subject.
(09-01-93) PN 212
FmHA Instruction 1944-N
Exhibit F-2
Page 4
If at any time ~uring renovation work one of ehe above
concUeions mentioned in paragraphs' (a) through (c) of
this section becom~s apparent, the grantee will
immediately cease work on the property and contact the
SHPOand FmHA. The grantee will abide by the directions
of the SHPO and FmHA concerning further ,work on the
property.
c. Other Environmental Considerations
5. Does the prope~ty contain any areas where chemicals or
petroleum produc~s are stored, disposed of, or appear to'have
been released into the environment? '
If the grantee discovers such a condition on the property, the
grantee will not remove or handle any -of these materials. The
grantee will immediately consult with the occupants/owners of
the dwelling regarding the situation and will contact FmHA
and, if appropriate, the local Health Department or
environmental regUlatory agency for further guidance.
6. ,Are there adj acent land uses )'hich now or in the, future
present a potential decraent' to the q~lity of the
environment of.the subject propertr?,
The grantee will do a thorough rec~nnaissa~ce of the
surrounding area and determine if.there are: noise sources
(railroads, airports, industry, heavily traveled highways,
etc.); safety or sanicary problems; air pollution sources; or
severe deficiencies in services such as fire protection, crime
control, etc.
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If any of the'adverse environmental conditions noted in
paragraphs. Sand 6, of this section are discovered, the grantee
will do no work on the.dwelling.until FmHA has been consulted.
The grantee will abide by the decisions resulting from the
consultation and/or assessment,' including mitigation measures
or a decision to rejec't the dwelling for the HPQ program.
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FmHA Inscruccion 1944.N
Exhibit F-2
Page 5
II. We (the grantee) will answer each of these questions on each property
considered for inclusion in the HPG program, and will documenc che
recipient file with our findings. If none of the questions are answered
"Yes,. we will document such in the recipient file and will proceed with
the repair/rehabilitation of the property as planned. We will monitor the
work being done to insure that all construction wastes are properly
disposed of. We will fully cooperate with and assist FmHA in the
preparation of any necessary environmental reviews on the property.
SUBMITTED BY:
County of Hawai'i
Grantee
Mavor
Title
Signature
Date
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(09-01-93) PN 212
OMI APPROVAL NO.
9000.0101
u.s. DEPARTMENT OF AGRICULTURE
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)
ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS
This c.rtlflcation is required by the r.guletlons IlIplellentln, S.ctlons 515'1-5160 of the Drug'
Free Yorkplace Act of 1988 (Pub. L. 100'690, 'Title V, Subtitle 0; 41 U.S.C. 701 .t seq.), 7 efR
Pert 3017, Subpart F, Section 3017.600, Purpose. The regulations were publi.h~ e. Part II of
the Jenuery 31, 1989 Federal Realster (pa,es 4947.4952). Copl.s of the re,ulatlons ..y be
obtained by contectln, the Depertment of Agriculture agency offering the ,rant.
(IEFORE eOMP~ETING CERTIFICATION, READ INSTRUCTIONS O~ REVERSE)
Alternetlve I
(A) The ,rantee certifies that It will provide e drug' free workplece by:
(e) PUbliShing e statement notifying employees th.t the unlewful ..nuf.cture, distribution,
. '
dispensing, possession or us. of . controlled substance is prohibited In the grantee's
workplace and specifying the .ctions that will be taken against employees for violation of'
such prohibition;
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(b) Establishing a drug' free awarenese program to fnfo~m employees about
(1) The dengers of drug ebuSe In the workplace;
(2) The grante."s policy of malnUlnlng a drug. free workplace;
(3)' Any available dr:ug counselln" rehabilitation, and etllPloyee ~ssl.tance progran; and
(4) The penalties that .ay be Imposed upon employee~ for drug abuse violations occurring
~he workplace;
(c) - Making It a requl~.ment that ~ach employee, to be engaged In the performance of the
gra~t be given ~ copy of the statement required by paragraph ea):
(d)
Notifying the employee In the statement required by paragraph ea) that, as a condl t,ion
of employment under the grant; the employee will
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(1) Abide by the terms of the statement:, and
Form AO.1049 (2/89)
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(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
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Ce) Notifying the agency within ten days after receiving notice under subparagraph Cd)C2)
from an employee or otherwise receiving 'actual notice of such conviction;
Cf) Taking one of the following actions, within 30 days of receiving notice under subparagraph
Cd)~2), with respect to any employee who is so convicted
(1) 'Taking appropriate personnel action against such an employee, up to Ind including
ter.ination; or
(2) Requiring such employee to participate satisfactorily In a drug abuse assistance or
rehabilitation progra. approved for such purposes by a Federal, State, or local health,
law enforce.ent, or other appropriate agency;
(g) Making a good faith effort to continue to meintain a drug' free workplace through
i~le..ntation of paragraphs (a), Cb), (c), (d), Ce) and (f).
B. The grantee shall insert in the space provided be'tow the slteCs) f~r the perfor..nce of work
done In connection with the specific grant.
Place of Perforeance (Street address, city, county, State, zip code)
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County of Hawai'i
Organization Na..
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Rural Housina Preservation r.rant
PR/Award Number or Project Name
Ste9hen K. Yamashiro. Mayor
Na.e and Title of Authorized Representative
Signature
Date
lHSIRU~TIQHS F08 tERTJFICATIO~
1. By .Ignlng and SUbmitting this form, the grantee i. providing the certification .et out on
pages 1 and 2.
Z. The certification set out on pages 1 and Z Is a meterlal representation of fact upon which
reliance was placed when the agency determined to award the grant. If It is tater determined that
the grantee knowingly rendered a false certification, or otherwise violates the requirements of
the Drug'Free Workplace Act, the agency, in addition to any other remedies avaitable to the
Federal Govern.ent, ..y take action authorized under the Drug'Free Workplace Act.
- 2
Form AD.1049 (2/89)
'U.S: GPO. L'..-6Sf-006/.LSZO
u.s. DEPAR~NT OF AGRlCUL11JRE
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CertificatioD' Re2ardiDg Debarment, Suspension, Ineligibility
and Voluntary . Exclusion . Lower 'fier Covered Transactions ,
This eertlftcatlon Is required by the replatlons Implementing Executive Order 1%549, Debanaent and
SUspenslon,1 CFR Part 3017, Section 3017.510, Partldpants' responslblUties. The regulations were published
'as PartlY or the January 30, 1989, Fe~ral Re&lster (pages 47%%4733). Copies or'the replations may be
obtained b)' contacting the Department or APiculture agency with which this transaction ~rlamated.
.
(BEFORE COMPLETING CEfCIU"lCATlON, READ INSTRUCI'IONS ON REVERSE)
(1) The prospective lower tier participant eertUles, b)' submission or this proposal, that neither It nor
Its prlndpals Is presently deban'ed, suspended, 'proposed ror debarment, declared ineligible, or
voluntarll)' excluded from participation In this transaction b)' any Federal department or agency.
(2) Where. the prospective lower tJer participant is unable to certil')' to any or the statements in this
certification, such prospCctive participant shall attach an explanation to this proposal.
Countv of Hawa1 '.i
Orpnlzatlon N.....
Rural Hous1n2 Preservation Grant
PR/Award Number or Project N.....
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Stephen K. Yamashiro. Mayor
Name(s) and nle(s) 01 Aulhorized Represenlatl..(s)
Siena......(s)
Dat.
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FonnAD-l048 (1/92)
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Instructions ror Certification
1. By signing and submitting this rorm, the prdspectlve fower tier participant is providing the certincation
set out on the reverse side in accordance with these instructions.
%. The certiOcation in this clause h a material representation or ract upon which reliance was placed when
this transaction was entered into. It It is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government. the
department or agency with which this transaction originated may pursue available remedIes, includIng
suspension and/or debarment.
J. The prospective lower tiel' participant shall provide immediate written notice to tbe person to wbicb this
~roposal is submitted it at any time the prospective lower tier participant learos that its certincatlon was
l:rroneous wben submitted or bas become erroneous by reason or changed circumstaDces.
4. The terms .covered transaction: .debarred,. .suspended,. .iDelipble: .Iower tier covered transaction,.
.participant,. .person,. .primary covered transaction,. .principal,. .proposal: and -Voluntarily excluded," as
used in this clause, bave the meanings set out in the Definitions and Coverage' sections or rules implementing
Executive Order 1%549. You may contact tbe person to wblch this proposal Is submitted tor assistance In
obtaining ~ copy ot those regulations.
5. Tbe prospective lower tier participant agrees by submitting this torm that, sbould the proposed covered
transaction be entered into, it sball not kuowfngly enter into any lower tier covered transaction with a person
wbo is debarred, suspended, declared ineligible, or voluntarily exclud~d from participation In tbis covered
transaction, unless authorized by tbe department or agency with which this transaction originated.
6. The prospective lower tier participant rurther agl'ftS by submitting this ronn that it will include this
clause titled .CertiOcation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Lower
Tier Covered Transnctlons: without modincatlon, in all lower tier coverecf1ransactlons and in all solicitations
ror lower tier cover?d transactions.
7, .-\ participant in a cl)vered transaction may rely upon a certification oC a prospective participant in a
11l"'1:!" !ir.r covered tr.1nsacti.)n tbat it is not debarred, suspended, ineligible, oc voluntarily excluded rrom the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
andr"r!quency by wb!ch it detennines the eligibility or its principals. Eacb participant may, but Is not required
to, chec!( the Nonprocurement LisL
S. Nothing contained In the roregoing sball be construed to require establlsbment or a system or records
in order to renlJel' in good raith the certifiOtiOD required by this clause. Tbe knowledge and InCormation or
a participant is not required to e:cceed that whicb is normally possessed by II prudent person in the ordinary
course or b'Jsiness dealings.
!l. E:"cept rur transactions :1utborized under pangrapb 5 or these instructions, it a participant in a covered
tnn:f3cdon k:lowiD;ly enters Into a lo~r tier covered transactioD with a person wbo is suspended, debarred,
inelilible. or voluntarily e~cJuded rrom participation in this transactlon,lD addition to other remedies available
tl) t~e Fec!::r.ll GI)~.::'nment. the department or ageacy with which this tr.lnsaction originated may pursue
available "medie:;, b':!l:din~ suspension ,-nd/or debllrment.
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Form A,O.l043 <1/9%)
'U S -:PO ,,."7 71'3120107
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'HOUS'ING PRESERVATION GRANT
Statement of, Activi'ties-
'Rural Development
(RD)
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County of Hawai'i -
Office of Housing
and Community Development
'50 Wailuku Drive'
- Hilo, Hawai' i 96720
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HOOSING PRESERVATION GRANT
(HPG)
1. STATEMENT OF ACTIVITIES
a. Type of and conditions for financial assistance for the
Housing Preservation Grant Program.
The County of Hawai'i proposes to use the HPG funds to
implement and administer ,a zero percent (0%) interest
and deferred payment loan program to eligible
households in rural areas throughout the County. Each
loan shall not be more than $15,000. HPG funds will be
used to remove or correct health and safety problems
and to ,make repairs that contribute to improved living
conditions, including improved accessibility for
handicapped persons.
b. Process of selecting recipients for HPG assistance.
determining housing preservation needs of the unit.
identifying potential environmental effects. performing
the necessary work and monitoring/inspecting work
performed.
In order to qualify for the program, applicants may not
have income exceeding the low income levels established
by HOD (see Exhibit A), must have occupied the dwelling
to be rehabilitated for at least one year prior to and
be the intended occupants of the dwelling after the
assistance and must have sufficient equity in the
property to cover the amount of the loan. In addition,
the dwelling must be located in a rural area, as
defined by Rural Development (RO), and be in need of
repair or enlarging to relieve overcrowding or to
address accessibility for the handicapped.
Outreach, preapplication screening, inspections,
quali~ying applicants, evaluating bids, executing legal
documents, monitoring and inspecting work performed and
writing reports to RO, drawing down funds, keeping
accounts and submitting quarterly reports will be
performed by the Hawai'i County Economic Opportunity
Statement of Activities
OHCD/6007C/1-12-9a
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Council (HCEOC), an organization selected by the OHCD.
P~ivately contracted building inspectors may p~rform
construction progress inspections. County Building
Qivision of: Public Works Department m~y perform 'Final
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Inspections, if necessary.
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To leverage HPG funds, County funds will, be,,'made
. >,available to eligible participants. In addition,' loans
may be used; in conjunction with othe~ loan programs or
with..private funds,. Community Development Block Grant
funds may be made available to the program.
The loan will be secured-by a second mortgage on the I
property,. which will be due and payable upon transfer
of title, sale, foreclosure or condemnation.
c.. Ident.ifying environment.al impact.s',
An RD environmental review wiil be conducted if uni't's
to be rehabilitated are .located in, a floodplain or
wetland or .~he proposed work is"not agreed. to 'by the
Advisory Council on Historic PreserVation und~r the.
requirements of Section 1944.673. Whenever major'
repairs are requested, on structures'.- more than SO years
old, an evalua~ion for historic~r significance w~th the
.State Historic Preservation Division of the Department
of Land and Natural Resources will be required.
d. Development. st.andards used for t.he housing'pre,servat.ion
~.
The,Uniform Building ,Code (UBq>, as amended, and the
Housing ,Quality Standards, utilized by HOD's Section'8
program, will be, the primary determinants9f eligible
repairs. All repairs must comply with adopted UBC,-
which is subject to the amendments' in the Hawai'i
County Code. Repairs that 'improve general living
conditions but do not contribute to the health and
safety of occupants may not exceed 20 percent (20%1 of
the total loan.
Statement of Activities
2
OHCD/6007C/1,-12-98
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e. Time schedule for completing the program.
It is projected that the program can be completed
within two years from the date the grant agreement is
executed. The past HPG programs has had a steady
stream of applicants during the past. twelve months and
program applicants have had much less of a problem with
obtaining contractors interested in small jobs than was
the case in the past. A slowdown in construction in
the County has made small projects like HPG more
attractive to contractors. Moreover, 14 different
contractors now have had experience with HPG projects.
f. Staffing re~ired to complete the pro9ram.
The OHCD has over 8 years experience with the HPG
program. Since 1993, the OHCD has published a Request
for Proposals (RFP) and has selected an organization to
provide outreach, preapplication screening, monitoring
and inspections, as well as qualifying applicants,
assist applicants to evaluate bids, draw up and
coordinate the execution of con~racts and legal
documents and write reports to RD. In 1996 the.OHCD
selected the HCEOC to administer the. HPG program for
the next three years based on a multi-year contract.
The County is currently in the rHird year of the multi-
year contract. The OHCD will continue to monitor the
HCEOC to ensure that they comply with the HPG program
rules and regulations. The OHCD will continue to
drawdown funds and keep track of accounts.
g. Estimated number of ve~ low and low income minority
and non-minority to be assisted with HPG funds.
It is estimated this grant will be capable of assisting.
eight to ten low- or very low-income households, of
which more than half will be of minority status. Based
upon a family size of four this would amount to
assistance for 32 to 40 persons, more than half of whom
will most likely be of minority status.
Statement of Activities
3
OHCD/6007C!1-12-98
h. Geographical areas ~o be served by ~he ijPG P~ogram.
The program will take place in' al~ eligible areas of
the County of Hawaii, which includes the entire island
except for the Hilo town area. fSee Exhibit B) ,
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i. Annual es~imated budget (See Exhibit C).
The proposed Budget of $134,594 includes $134,594 from
,1' . RD and $13,459 of matching funds from the County of
Hawai'i.
j. Descrip~i6n of the accounting system.
The accrual system, of accounting in accordance with ,
generally accepted a~counting procedures and practices,
will be utilized for the HPG progr~. .
k. Method of evaluation to be used to determine the
effectiveness of ~he program.
The closing summary of the expenditure of funds and
program activities at the termination of the grant
'agreement, which compares the,goals with actual
,outcomes will be completed.'
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1. Sources and es~imated amounts of o~her financial
resources to be obtained and used by the applicant for
HPG activities.
The County funds ($13,459), is available for the
implementation of this program. In addition, HPG loans
may also be used in conjunction with private funds or
other loan programs. Community Development Block Grant
funding'may also ,be available.
m. Use of program income.
Program income received during the grant per10d is used
in accordance with the requirements of the HPG program.
No more than 20 percent (20%) is allocated,for
administrative costs. The remainder is used, for
construction.
Statement of Activities
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OHCD/6007C/1-12-ge
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EXHIBIT A
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HOUSING PRESERVATION GRANT
GEOGRAPHIC LOCATION MAP
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eXHIBIT B
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HOUSING PRESERVATION GRANT'
GEOGRAPHIC LOCATION MAP
HILO (Ineligible Area)
ISLAND OF HAWAII
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EXHIBIT B
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When a HPG loan is paid off, the Mortgage will be
released, the Promissory Note will be certified as
uPaid Off" and the funds will be deposited into the HPG
account. Program income is tracked separately from
current grant period funding. These funds are drawn
whenever enough funds have accumulated to take care of
the qualified applicant next in line for a loan. Final
report on a specific grant period is not held up by
these revolving funds.
n. Plan for diaposition of any security instruments held
by the applicant as a result of its HPG activities in
the event of its loss of legal status.
The OHCO will turn over the proportionate share of the
security instruments loaned with t~ RD funds to the RD
or another eligible entity to use for the same housing
rehabilitation purposes, as necessary.
o. Any other information to e~lain the proposed HPG
proqram.
N/A
p. Outreach efforts outlined in 1944.671 Cb).
In addition to the broad base of low income population
reached, community organizations wi~l be contacted and
the program will be publicized through local newspapers
and radio. Application forms will include the
nondiscrimination slogan.
2. Complete information about the applicant's e~erience and
capacity to carry out the objectives of the proposed HPG
program.
The County has over 8 years experience with the HPG program.
The OHCD has administered the HPG program from 1988 to 1992
and has monitored HCEOC which was selected to administer the
HPG program from 1993 to 1998.
3. Applicant's legal existence - See extract from the Hawai'i
County Code, Exhibit 0 and Exhibit 0-1 legal existence of
HCEOC.
Statement of Activities
5
OHCO/6007C/1-12-98
4. Audited statement f~r ~ private n~n-pr~fit entity.
See attached Exhibit E, audited stateme~t for HCEOC.
s. Narrative statement ab~ut the area t~ be served and the need
fpr'i~r~ved housin9. includi~9 percen~~ge and actual number
pf l~w-inc~me and l~w-inc~me min~rity h~useh~l~s and
substandard' h~using. the need for the type ~f ho~sin9
preservati~n assistance being prqp~sed. the anticipated use
~f HPG resources f~r historic prqperties. the method ~f
evaluati~n t~ be used hy the ~plicant in determining the
effectiveness of its eff~rts.
At the time of the 1990 Census Hawai'i County had: the
lowest per capita income (Hawai'i County: $14,969 versus
State: $18,379) and the highest rate of families below
poverty level (Hawai'i County:" 10.9% ver~us State: 6%) of
the four counties; 22% of the State's food stamp recipients,
although only 11% of the State population: twice the State
rate of people on welfare assistance. The poorest and most
rural of all four Counties in the State of Hawai'i is
experiencing further economic distress because of the loss
of over 1,000 jobs County-wide with the demise of the sugar
industry. Job loss is further exacerbating families'
ability to cope with home maintenance and repairs,.
...
Hawai'i County's economically disadvantaged are living in
old dilapidated/crowded housing or new, but woefully
incomplete structures.'
The 1990 Census shows 10.8% of the housing in Hawai'i County
was built before 19~9 versus 6.7% in the State. Most of the
old houses are concentrated in Hamakua where the closing of
2 sugar plantations has meant the loss of ov~r 600 jobs.
3.6% of housing in Hawai'i County lacks complete plumbing
facilities and 3.4% lacks complete kitchen facilities.'
These are double the State rates. Most of the incomplete
structures are in the Puna district, which attracts the poor
from throughout the State and elsewhere with its low land
prices.
According to 1990 Census 54.9% of Hawaili County is made up
"'Statement of Activities
6
OHCD/6007C/1-12-98
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of minorities. HPG assistance has always served a
percentage of minorities larger than this.
Very high rainfall and insect damage are the most common
causes of residential deterioration in the county. If the
roof is not repaired, very highly acidic rainfall due to
ongoing volcanic eruptions beginning in 1983, rapidly causes
more serious and expensive damage to the structure. The
former Hamakua Sugar plantation houses are in need of
substantial attention to preserve over 400 units occupied by
low income families. The 1990 Census reported 848 homes in
Puna lacked complete plumbing; 659 lacked complete kitchen
facilities. In West Hawai'i high housing cost continues to
force the least able to live in dilapidated and overcrowded
conditions.
While Hawai'i County is the poorest and ~ost rural part of
the State, it is also the County with the highest rate of
home ownership, which makes it well-suited for the HPG
program. 61.1% County-wide,are homeowners; nearly 72% of
housing units in Puna are owner-occupied. Home ownership
have jump dramatically in the Hamakua district when title to
over 400 former Hamakua Sugar Company residences was turned
over to former employees and pensioners.
The State Historic Preservation Office of the Department of
Land and Natural Resources will be consulted to identify
units that may have historic significance. For any structure
constructed in 1948 or before, SHPO will.be provided date of
construction, photos, Tax Map Key number and a,description
of the proposed repairs. SHPO and the County will jointly
evaluate buildings which are eligible and assess the degree
to which the Secretary of the Interior's standards will
apply. For Hamakua and all instances of rehabilitation of
older homes historic preservation rules wil~ be interpreted
reasonably and realistically so as not to burden the low-
and very low-income homeowner with excessive costs.
The lead paint hazard and the possibility of finding
asbestos in Hamakua plantation houses is reason for caution,
but not delay, in the provision of housing assistance in
this district. The State Department of Health and
Occupational Safety and Health, County Housing and Building
Statement of Activities
7
OHCD/6007C/1-12-98
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Division of the Department of Public Works will be consulted
as appropriate and contractors will be informed about these
houses and any other projects that may ~ave these
environmental 'hazards.
Quarterly ,performance reports will provide RD with an
evaluation of program effectiveness. Reports will include
what, funds were ,used for administration and for preservation
activity; name,' address,~nd income of homeowners assisted,
tota~ cost, list of repairs and amount financed by other
sources; results of environmental review and historic
preservation review processes as required a' comparison of
actual accomplishments versus objectives for the period,
including the number of low and very. low income, minority
and nonminority persons assisted with HPG and the average
cost of ,assistance provided to each household; of objectives
. were not met, an'explanation of ~hy'and ~hat step(s) will'be
taken to ameliorate situation; objectives for the next
reporting period and a certification that final building
inspection reports for each HPG-assisted dwelling are on .
file.
6. Component for alleviatin~ overcrowdin~.
The following standards will guide the determination of an
overcrowded situation. Following Sedtion a/HQS standards,
this will be .interpreted generally to mean no more than 2,
persons per bedroom except when the 2 are children of the
opposite sex and at least one of them is'.an adolescent.
Number of bedrooms
Ideal number of persons
o
1
2
,3
4
5
2
2
4
6
a
10
. Statement of Activities
a
OHCD/6007C/1-12-9a
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7. Other activities the applicant is engaged in and expects to
continue. a statement as to any other funding. and whether
applicant will have sufficient funds to assure continued
operation of the other activities for at least the period of
t.he HPG grant. agreement'.
As the local government for the Island of Hawai'i, the
County of Hawai'i is empowered to carry out all activities
as described in the County Charter. 'The OHCO is responsible
for operation of the Section 8 Housing Assistance PaYments
and the Community Development Block Grant programs as well
as the development of new and rehabilitation housing
projects. These federal programs and the County budget for
the coming year assure the continued operation of the OHCO
during the period of the HPG agreement.
8. Other information t.hat specifically add~sses the selection
criteria in 1944.679.
1) The applicant's proposal expects to result in 80% of
HPG fund use to unit preservation.
2) TheOHCO have over 9 years' experience successfully
managing and operating the HPG program.
The OHCO have over 8 years' exp~rience managing and
operating programs to assist very low- and low-income
persons obtain housing assistance.
There are no unresolved audit or investigative findings
which might impair either organization with carrying
out the HPG program.
3) The proposed program will take place entirely within
rural areas.
4) The proposed program contains a component for
alleviating overcrowding as defined in 1944.656. See
#6 previous page.
Statement of Activities
OHCO/6007C/1-12-98
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EXHIBIT C
1998 Rural Housing Preservation Grant Program
Proposed Two Year Budget
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EXHIBIT B
BXH:tB:tT C
1998 Rural Housing Preservation Grant Program
Proposed Two" Year Budget
RD
Total
County
Rehab 8 to 10 homes
$121,135
$107,676 $13,459
Admin. (OHCD & Non-Profit)
S 26.918 -0-
~ 26.918
Total
$134,594 $1~,459
$148,053
Drawdown Schedule:
RD County To~al
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08/01/98 Initial Drawdown $23,554 $13,459 $37,013
12/01/98 $econd Drawdown $37,013 -0- ,$37,013
04/01/99 Third Drawdown $37,013 -0- $37,013
....
08/01/99 Fourth Drawdown S37.014 -0- 537.014
Total $134,594 $~3,459 $148,053
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THE HA W All COUNTY CODE
1983
(Revised and Republished 1995)
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A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAII
STATE OF HAWAll
EXHIBIT 0
~ 2.5
HAw AIl COUNTY CODE
Section %-5. IDspectiODS; c:baries for overtime.
(a)' When an applicant requests that an inspection be made, other than during nonna! wodcing hours .
,a Saturday, Sunday, or legal holiday, the applicant shall bear the cost of such inspection spay
the cost to the County, prior to receiving final approval of the project Mone realized shall be
credited to the proper accounts of the respective agencies to cover the cost h overtime inspections.
Such moneys are hereby' appropriated and shall be expended for' on costs without further action
of the council.
(b) A3 used in this section: _
(1) "Applicant" means any person requ mspectional services from: the County.
, (2) "Cost" means the amount to ed by the County for overtime inspection at the per hour rate,
including overhead . ve charges. to be established by the chief engineer of the
department 0 c works~ co~nsurate with the changes in salary and applicable fringe benefits
and 0 Cad expenses.
(c) "In on" sba1l include all inspections provided for by law.
e.c., c. 2, art. 10, sec. 9; Am. 1978, Ord. No. 368, sec. 1.)
Article 2. Executive Branch.
Sectlon~2-6. Office of the mayor.
The office of the mayor shall be composed of the mayor, the managing director, and the safety coordi.
uaror.
(1975 C.C., c. 2, art. 1, sec. 2.)
Section %-7. Organization of executive branch.
(a) The executive branch of the County is organized into the following agencies:
(1) Departments and heads under direct supervision of the mayor:
c
DEPARTMENT 'DEPARTMENT BEAD
(A) Corporation counsel. . . . . . . . . . . . . . . . . . . . . . . . :": . . . . . . . .. Corporation counsel
(B) Department of fiDance ........ . . '. .- . . . . . . . . . . . . . . . . . . . . .. Director of finance
(C) Pla1Wng department .................................... Planning director
, (0) Department of research and development . . . ',' ... . . . . . . . . . . . .. Director of research
. and developmeIit
(2) Departments and heads under direct supervision of the managing director:
DEPARTMENT DEPARTMENT BEAD
(A) Department of public works .... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Chief engineer
(B) Department of parIes and recreation . . . . . . . . . . . . . . : . .. Parks and recteation director
(C) Coun~ band. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Bandmaster
(0) Fue departInent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fue chief
(3) Departments and administrative beads under commissions and ~ministrative supervision of the
mayor:
. DEPARTMENT ADMINISTRATIVE HEAD
(A) Department of personnel service . . . .. ............. Director of personnel services
(B) Police department ........... . . . . . . . . .. ......'............ Chief of police
(C) Department of liquor control .... ....................... Director, department
of liquor control
(D) Department of water supply ................ .................... Manager
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ADMINISTRA nON
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- '" (E) Department of housing and
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'-;.-..~ community development .............................. Housing administrator
(4) Agencies and administrative heads under administrative supervision of the mayor unless expressly
excepted therefrom:
AGENCY ADMINISTRATIVE BEAD
(A) Civil defense ....................;............. Civil defense administtator
(B) Office on aging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. County executive on aging
(C) Hawaii redevelopment agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Manager
(1975 C.C., c. 2. art. I, sec. 3; Am. 1989, Ord. No. 89-48, sec. 1.)
Section 2-8. Order of succession to office of mayor.
In the event of civil, military or uamral disaster, during the temporary absence or disability of the mayor,
the maD$lgjng director shall act as mayor. If the office of rTUln$lgjl'lg director is vacant, or during such periods
as the managing director is unable to so act. the director of finance shall then act as mayor. If the office of
director of finance is vacant, or during such periods as the director of finance is unable to so act, then the
planning director, director of research and development, director of personnel services and director, department
of liquor control. shall succeed to the office of mayor in the order specified herein.
(1975 C.C., c. 2. art. I, sec. 4.)
Artide 3. Oflice of the Corporation CoUDSeI.
Section 2-9. Settlement of ~IAim~.
The corporation counsel shall have the power to adjust, settle, compromise, or submit to
action, causes of action, accounts, debts, claims. demands, disputeS, and matters in favor or against the
County, or in which the County is concerned as debtor or creditor, now existing or whic y hereafter arise,
not involving or requiring payment in excess ofSl,5oo, provided the money to settle generally has been
appropriated and is available; and provided further that a quarterly report of all s ements shall be filed with
the council. ....
(1975 C.C., c. 2. art. 2, sec. 1.01; Am. 1975, Ord. No. 87, sec. 1.)
Section 2-10. Settlement of land acquisitions.
The corporation counsel shall have the power to adjus ompromise, settle, or submit to arbitration, any
land acquisition requests referred to him by other Co agencies or eminent domain actions, causes of
eminent domain actions in favor of or against the C ty, or in which the County is concerned as purchaser,
seller, condemnor, or condemnee, now pendin or which may hereafter arise, not involving or requiring
payment in excess of $2.500, provided the ney to settle any matter generally has been appropriated and is
available; and provided further that a rly report of all settlements shall be filed with the council.
(1975 C.C., c. 2, art. 2, sec. 1.02; 1975, Ord. No. 87, sec. 1.)
Section 2-10A. A ointment or personnel
There shal e an office of the prosecuting attorney as provIded by Charter. The prosecUtIng attorney may
appoint de prosecutIng attorneys and necessary staff, including invesngators. The LDvestigacors shall have
all of powers and privtleges of a police officer for the County of HawaU. The office of the prosecunng
atto ey shall adopt policles and standards for tra1D11lg and use of these powers conSIstent and m confonnance
th those adopted by the Hawall County police department. Allmvesngatlons relanng to the discharge of
'de 3A. Office of the Prosecuting Attorney.
2-9
ADMlNIsTRAnON
A 2-65
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fact, or that the director had acted in an arbitrary or capricious manner, or bad
tion.
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Article 13. County ~o~g Agency.
Section 2-66. Cleated; scope of authority.
An agency to be< known as the Hawaii County bousing agency is created to provide adequate bousing
in the County as it deems necessary. The agency sball consist of all of the members of the council. When the
council acts as the Hawaii County housing agency, its role is < limited to public bousing policy formulation and
is not charged with the duties of Administering bousing programs.
(1975, Ord. No. 124, sec. 1.)
Section U7. Purpose.
The purpose of the. qency is to make bousing available in those areas of. the County where the agency
finds that adequate housing.accommodations are not available. In addition. the agency shall carry out the
purposes and powers given to. the County by virtue of chapter 46, Hawaii Revised. Statutes.
(1975, Ord. No. 124, sec. 1.) l
Section 2-68. Powers.
The County housing agency sball have the following powers subject to applicable limitations of State
l~ ,
(a) Authorize and issue bonds under chapters 47 and 49, HRS, to provide moneys to'carry out the purposes
of this article including the satisfaction of any guarantees made by the County pursuant to this article;
(b) Appropriate moneys out of the County to carry out the purposes of this article;
(c) Obtain loans, insurance and guarantees from the State or the United Stares, or subsidies from either,
(d) Acquire necessarY land by dedic~on, lease, purchase, exchange, or eminent domain;
(e) Other powers as provided by section 46-15.1, HRS. ...
(1975, Ord. No. 124, sec. 1.)
Section U9. Housing 8l1mini~tor created. .
There shall be a housing administrator who shall be appointed by the mayor and may be removed by
the mayor.
(1975, Ord. No. 124, sec. 1.)
Section.2-70. Powers of AIIminictrator.
In order to carry out the powers in section 2-68, the housing administrator may:
(a) Develop and constrUct dwelling units, alone or in partnership with'developers;
(b) Provide assist8nce and aid to a public agency ot: person in developing and constructing new bousing and
rehabilitating old housing for the elderly of low income, other persons of low income, and persons dis-iplaced by any governmental. action, by making long-tenn mortgage or interim constrUction loans
available;, .
.(c) ~ontract with any eligible bidders to provide for constrU~tion of urgently needed housing for persons of
low income; . :
(d) Enter into agreements WIth appropnate officials of any agency or instrUmentality of the United States
in order to mduce such OffiCIal to malee, insure or guarantee mortgage loans under the provisions of the
Nanona! Housing Act, as amended. WIth the approval of the County housmg agency;
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~ 2-70
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EtA W AII COUNTY CODE
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(e) Make a direct loan to any qualified buyer for the down payment required by a private lender to be made
by the borrower as a condition of obtainin2 a loan from the private lender in the purchase of resident;al ~
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property;
(0 Sell or lease completed dwelling units;
(g) Assist in the leasing of private and public dwellings;
(h) Acquire and utilize public and private lands for the purposes of this sectioo;
(i) Provide interim construction loans to partnerships of which it is a partner and to developers whose
projects qualify for federally assisted project mortgage insurance, or other similar programs of Federal
assistance for persons of low income;
(j) Apply for and utilize Federal and State rental payment assistance funds;
(k) Provide County funds for rental payment assistance for private and public dwellings;
(1) Adopt such rules pursuant to chapter 91. HRS, as are necessary to carry out the purposes of this article.
(1975, Ord. No. 124, see. 1.)
Section 2-71. Duties of adminictrator.
(a) The housing administrator shall have direct responsibility for the administration and operation of the
County housing programs and shall be under the direct supervision and control of the mayor. The hous-
ing administrator shall have the authority and responsibility to staff the agency with necessary personnel
to carry out the purposes of ~e agency. It shall be the duty of the housing adminictrator to cooEdinate
operations and programs of the County housing agency with the applicable housing plans and programs
of the State and Federal governments.
(b) All programs and contracts with the Federal government to carry out the purposes of the County housing
agency sball be prepared by the housing adminiq:mor and transmitted to the council for approval.
(1975, Ord. No. 124, see. 1.)
Section 2-72. Federal funds.
If. in exercising any of its powers. the agency acquires funds from the Federal government, a separate
account for such funds shall be established and no commingling of SU~B funds with other funds shall take
place.
(1975. Ord. No. 124, see 1.)
c
Section 2.73. Signing of contracts.
All instruments and documents relating to the housing programs of the County housing agency shall be
signed by the mayor as authorized by the Charter and the council. Any and all contracts with the Umted States
Department of Housing and Urban Development shall be submitted to the agency for its approval and any such
contract shall be executed by the mayor as authorized' by the Charter and the council.
(1975, Ord. No. 124. sec. 1.)
Section 2-74. Revohing fund created.
There is established a special revolving fund entitled the County housing program revolvmg fund to be
maintained by the director of finance.
(1975, Ord. No. 125, sec. 2.)
Section 2.75. Use of revolving fund.
The revolving fund shall be utilized to pay for items such as: (a) cootracroal servIces, housmg surveys,
travel, supplies and materials, and other front-end costs related to the development of housmg, and (b) to exer-
CIse the buy-back option running in favor of the County contained in any conveyance document and to pay
the costs of maintaimng, repamng, rentmg, or reselling units purchased by the County pursuant thereto. Any
2-22
AOMINISTRA nON
.~ 2-75
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Interest earned by the fund and any advanced costs that ar:e recovered from housing project funds shall be
returned to the revolving fund.
(1975, Ord. No. 125. sec. 3; Am. 1993. Ord. No. 93-33. sec. 1.)
Section 2-75.1 . Housing special fU}1ds. ,
(a), Th~re are created and established housing special funds to be known as the:
0) Kulaimano Elderly Rental Housing Special' Fund. .
(2) Ouli .Ekahi Rental Housing Special Fund.
(b) -t\l1. income generated from each rental housing project shall be deposited into its respective housing
special fund to be expended by the Housing Admimstrator solely for the oPeration. maintenance and
improvement of that particular rental housing project. ,
. (c) The Housing Administrator sball be responsible for the administration of all housing special funds in
accordance with prescribed laws and procedures applicable to the expenditure of county funds.
(1995. Ord. No. 95-149. ,sec. 1.) . >,
Article 14. Mass Transportation Agency.
Section 2-76. Creation.
For the purpose of providing mass traOsportation service in the County whether directly. jo~tly. 0 der
contract with private parties, an agency to be known as the mass transportation agency is created' order to
implement chapter 51 of the Hawaii Revised StatUtes.
(1975, Ord. 'No. 153, sec. 1.)
Section 2-77. Transportation coordinator created.
There'shall be a tranSportation coordinator who shall be appointed by the
mayor. The position of transportation coordinator shall be ,exempt from the c'
(1975. Ord. No. IS3. sec. 1.)
yor and removed 'by the
service laws.
Section 2-78. Duties of transportation coordinator. ,
The transportation coordinator shall have direct resppnsi . ty for the administration and operation of '
County mass transportation service, whether ~ch service is vided directly. jointly. or under contraCt with
private parties. The transPonation coordinator shall be er the direct supervision and control of the mayor
and shall have the authority to staff the agency wi ecessary personnel to carry out ,the purposes of the
agency. .
(1975, Ord. No. IS3. sec. 1.)
Section 2.7.9. Purpose. .
(a) The purposes of this
(1) Prescnbe stan ds of conduct for the guidance of COUI;1ty officers and employees;
(2) Protubit c n conduct involving County officers and employees. and ' .
. (3) Set fo e procedure for the interpretation of ethics problems of County officers and employees.
(1975 C.C.. c . art. 8, sec: 1 )
cle 15. Code of Ethics.
-80. Interpretation of article.
. s article shall be liberally constrUed to promote tugh standards of ethical conduct 10 County
C7; vemment.
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9.25.96
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uEP~RTM~Nr CF RECULArQ~V ~C:~CIZS
STAT~ OF HAW;" I I
or
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In the M4t~~~ or the Peti:ion
For Charter
HA~AII COUNTY eCONOMIC OPPORTUNITY CCUNCIL
CHARiER CF INCQR90RATlON
HAWAII COUNTY ECCNOMIC OPPORTUNITY COUNCIL
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vaSH I TC. H~Ar.A
COUN rv .\ rTC,~~IC\'
CCUNrY 'JF :-",...,\11
CCW~TY GUILOI'tC, HILO, HA'"A11
A TTO:::NEV
EXHIBIT 0-1
.r-
r
OEPARTMC~T OF R~GU~AT~~Y AG:~CI~5
STAT: OF HA\olA II
In tl'e M.;..:e,. or the Pet i -: i on
For Ch.rtel'"
of
HAWAII CCUNTV ECONOMIC OPPORTUNITY CCUNCIL
!
CMART[~ Cr- INCCRPORATION
of
HAWAII COU~TY ECONOMIC CP~ORTUNITY CCUNCll
I(now yea, tha-;: w;'el"'eas RAlPK \0\. KIYO~AK1,
ROB~RT M. CTA, BLA-tHE aRAOSH~W, BENEDICT lUI KWAN,
FUMlr.O IW~MAS~ an~ TADAO OKIMOTO, all.of whom are
residents of t!le State of Hawaii, nave ma~e ap~lica-
tion to me, as Oirectol'" or Regulatory Agencies; to
gr.nt a Ch.rter of Incorporation to them and their
..sociates:
NOw, THER~FORE, I, SIDNEY I. HA~~IMOTO,
Oirector of the O.pa~tmerit of Regulatory Agencies,
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St.te of ::awaii, in the exercise of all powel'" and
authority anywise enabling me to act in this behalf,
do hereby constitut~ the above-naceo.persons and their
..sociates a body corporat:e, and conF.,. upon them the
following Chorter:
C~ART~R OF INCC~PCRATtCN
of
~^WAII CCUNTY ECCNCMIC OPPORTUNITY CCUNCll
, '
I .
The name of the co,.~oration shall be "HAWAII
COUNTY ECCNOMIC CPPORTUNITY CCUNCll".
II.
T~e location ~nd initial ~,.i"clpal oFfice of
the C:Ol"'~o"aeIO" sh<31 I be at: Count:y ouildln9, County of
Hawaii, Hi 10, Hawaii; $UCn ~r'nCI~al oFfice ~ay be
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C~4n~:~ r~or ;imc ~o ~I~e ~o 3~Cn O~~C~ 10ca~lon in ~nc
S;a.:e 0;' 11<;1141 I 01::; .;ne SOc1l"'d. or ~ I ~~c:o~~ :"a II :ie; Ignolee.
II I .
The obJcct3 an~ ~ur~o::;es of tn. cor~oratlon snal I
i.:e:
I. To actiy~ly 30lici~ the coordination ana
coo~erction or all in~iyiduel., agencieG and organi:a.
tionG, bo~h ~~blic and ~riv.te, ~ithin ~"e County or
Hawai i, towal"'~3 a3sis~in9 tho;: in=iyidu41. anJ ~rou~s
who are be I ow average econom i c I eye I s to a'.:ta in an
i=proved capabi lity of financial e.rning.
Z. To enlist in~er~:~ and.financial suppor~
from any and all sources to engage in ~rojects to coc~at
poverty.
3 . To =al;e, enter into and perform contracts
with any ~erson, firm, aS3ociatAon, cor~oration, private,
~ublic or munici~al or ~O~y pcli~ic.
,. To ~~onsor, contrac~ for, or o~era~e ~nd
.0'
conduct activities such as remeaial ancl non.curricular
education, ellV)loyment, job training, counsel ing, health
and yocatlonal re~abi lita;ion, nousi.ng and home manage.
ment, welFare, research, training, and a~Qonstratlon
activities, and such otner actiyiti:3 as may ~e related
to any of the objec~IYes hereIn.
s. To ac~ulre by purc:~ase or other~lse, hold,
deal in anG dispose or- ::;ucn ~ersonal property ana, WIth
tke consenl: of not less than tkree.Fourttls of the me/ll'-'ers
of the corporatIon, such real property as may ~e necessary
or conyenlent For the purnoscs of the c:or~oratlon.
6. To borr-ow r.oneys H,l.:h t('e consent of no'=
les:::I ehan et.ree-Fourchs
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0\" ...\.e
membe~s of the corpol"oJc I on,
"".chou1: I.mlt as to anloyn':, to rnc:e~ t!\e operal:lng ana o,:hc:~
e~penscs of the corporaelon anQ, rl"om elme eo time, to
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drow, ~a~C, ~ecc~~, cnJorse, e~eeuee and issue ,romissory
notes, uraFts, ~I II, of exchange, warrants, bonus, d:~en~urcs
anJ o~hcl- neto~ I ai:.l c or non-n'.901: i al: lei nstrun:ents and
ev i c;ences of i I~~.bt:edness For a:'\y of the above purpc::~:o,
and to sce~.'e ,~he l)ayr..ent of any cncreoF and or tl.e i n~el"c=t
t~e~eon by mcr~5ase or pleQS~, conve~ance o~ ~aaignm.nt I~
crust of a~y or ~he pro~er~y'oF the cor~oracion, ana CQ
..11 or otherwiGe dispo~e of such bondS or oc~.r, o~lisationc
of the corpora~ion ror it~ corporate p~r~o.ca.
IV.
The corpe~etion ahall heve .11 ~owers c.~able of
being vested in corporations not orgeniiea ~or proFit un~er
the laws o~ the State of Kawaii and shall ~e authori:.~ to
engage in any activities, and do and perForo any act:: of
any nature wnatsoever that shall be pro~er, necessary or
conven i en~ For the Furtherance of''the obj ects and pur~oses
.et Forth in Ar~icle 111 hereor.
V.
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The duration 'oF the corc:oration shall ~e perpetual.
V,.
Th. coreeracion shall co~plete its orglni:ation
within ~I'\ll"ty (;o) days after issuance oT ~he Charter of
lncorpof"a<:ioll.
vn.
All of the powers an~ authority 0' the cor~orQ-
~ion s~all be vested in anJ may ~e exercised by the Goard
of Qlrectof". e~cept as limited by law, this Charter or the
Gy-Laws, aua, in Furtherance and not in limitation or said
generc:d i:lo\lers. the Board of 0 i rectors sha II nave !,ol~er-,
aC~ln9 alwuys In uccord~nce with the 6y-Laws: to ma~e
I"ules a 111:: l-egulc1tlonS not: InconSistent: .wlth the' 6y-La'd:
to C:"Coltc ::uc:h COIIIIII I .:tces of'the JOc1rd or Olrec:tO,.5 01' of
.
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the ~or~ora~lo" a~d to ~esl~~~~o as ~e~oors or ;uch
commlt~:=.: Cl.cn 1)~1'"30.'S 4:: I": shall det:Qr',"ne an:! to
CClI'I r-ar ur:on CUC" CClmm I t":o== ::u;:" pOI~e~s an:i author I:Y as
may by resolu~lol'I be 3=~ Por~n For the car~yil'l9 0" or
exerciGin~ cF the ~ur~oees al'ld powers or the cor~oratiCln:
ar.c generally to do any and ~very lawFul &ct necescary
or ~roper to carry into ~Ff~c~ the power:, pur~oscs and
object: cF ~he cClrpClratio~. Said Board of ui~ec~ors
shal I cOl'l3ict o~ no~ I~ss tha~ ::I~ (5) percons wno snail
be qualiFied, no~ina~.d, .Ie~~ed and appointed as is
p,.ClV i de~ fClr in thla "Gy-l.atls. Unt i I t~e ir succeS$ors
ehall have been duly elec~ed the ini~ial dire~ors of
the corporation and ~heir business ar.d home addresses
a,.e as fo I lows:
~
Ralph H. Kiyas~ki
BUG i neGS .
Add:"'.!ss
HOr:le
Adcre:a
Ue'~. ar Eciucatlon 81 Apaki St.
480 Waianuenue Ave. Hilo, Hawaii
Hi la, Ha'~ai i....
Ge"edic~ Lui Kwcn
State Employment Service
266 ~alanu~nue Ave. 225 Kaplolanl St.
Hi 10, Ha\~.lI i Hi 10, Ha\-Ial i
[31 Olin 3 Bracct- 011-1
Un i v. of Ha\'Ia I i
~~~el'lslon ~3rvl=:
lCaH',allu, KOl'la
Honaul'lau
Ha\~a Ii
Ro:;'ert M. Qta
Univ. of Hawal i
ExtenSion Service
Feaeral ~I Idlng
Hi 10, Hallall
135 Alae St.
Hi 10, Ha\~al i
Fun" leo I \~amaSc1
Oept. of Social Services
12j8 Waianuenue Ave. 52 PUUOKO St.
Htlo, Ha~all 11.10, Ila'-Iall
Tadao CKlmoto
County AudltQ~'s OFr-ice
County I3Ulldlng
Hi 10, Hal/all Onomea, HaIWa\ i
'II I I .
The o~Flc=~s o. the cor~o~~~lon ~hal I conSlse of
suc~ o~Fic=~: as :h~1 I be provl~cd Fo~ in th~ ay-LaIW~ al'ld
tnelr ~uwl IFlcatlon~, ducl~s. powers, :e~~ 0; oFFice and
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m4nne~ or ~gpOI~t~en~ shall be as ~~ovi~ed ro~ in the
ay-L4WS. A~y o~Fic=s may be c~cated O~ abol iGhcd by the
ey-L.~G, p~ovid.d ~h4t there shall always be ..,rcsidcnt,
. vice ~rcsident, a sec~etary' and a tre.surc~. The treasurer
~.Y bo a corporation, and the oFfices of secretary and
trca~urer may be held by the s~~. person. The initial
o~~ice~s or thc c~rporation and their business and home
address.s are ac Follows:
Or-~ie~r"
BuaineGs
Add:"'"!:
totollle
Adec-ess
President:
Ralph K. Kiyosal;i"
Oe':';:. of ~dl.:eat i O~ 81 Apo!; i St.
480 W.ian~Cllnue Ave. Hilo~ Hawaii
Hilo, Hawaii
Vi ce- Pres i d~n1: :
aenedi~ Lui Kwan
S~ate Em!: I o~e:'lt Serv i 'ce
266 W.ianuonuCll Ave. 225 ~apiolani St.
Hilo, H.\~aii Hila, Ha\'Iaii
Univ. or Hawai i
Extension Service
lCainaliu, Koha
Secretary:
Slaine Bradshaw
Honaunau
Ha",.i i
Treasurer:
Rober1: M. O'ta
Un i v. c r Ha\~a i i
~xtcnsion ServIce
F.dera I eu i I di n9
.Hilo, Hawaii-'"
135 Alae St.
Hi 10, Hawai j.
, 1
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Members of ~hc cor~oration <<hall be admitted,
suspended, and expel led in such manner 4S shall f~om time
to time be ~rescribe~ by the By-laws.
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The in i t i.1 By-Lau:: or the cor~o,.at i on sha \I be
aporoved and'ado~ted ~y the signers of the Petition,ror a
Charter or- I nc:or!:,orat i on WI t:li n th i r1:Y (30) days arter the
grantil"lg of such Charter. ' T"= By-La\~::; ~ay be altered,
amenaed or" re~Qalcd thcrearter by a majority or the members'
~re::;~n~ a~ any annual meetll"l~ or a ::;peC:lal meetin9 duly
cal lea und s~cc:ific:al Iy held for ::;uc:n purpose.
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X I.
The CQr~=racion 13 no~ or9~nl~ed ~o~ preFit Qnd
~i I I no~ Iss~e ~~y stock. Mo,part o~ th~ co~po~a~ion'~
aSS3':S, incom= or ear:'\ins: shall be dis~rlbl.:t.d to i~s
membars, ~Irac~ors or orricers axc:pt For s3rvices
4c~ually rendared to tha cor~Q~a.:ion. If the corpora~ion
shall ce.Ge to exiG~ or shall be disaolved voluntarily
or involun~arily, al I p,.o~erty and as~etG or the corpora-
tion of every kind a~~r the paymen~ or- its just debts
shall be diG~ributed ;olely to one or more organizations
exempt Fro. United Statea i:'\come tax, either charitable,
scientific, ecucatio:'\el, or ~ith purposes siailar to
thoce or the cor~or.ti~n.
XII.
The property or the cor~or.ation ahall alone be
liable at law ror paymen~s or the QQb~s and liabilities or
the cor~oration. No director or ~fricer of the corporation
or his neir~, execu~ors, or admini~t~~tors, shall be liable
to the cQr~ora~ion For any loss or damage suffered by it
on ~ccount of any action or omission by hi~ aG such
director or oFfic~r, unle=s Gl.:ch dir=cto~ or officer
shall, with respect to such action or omission, be and/or
haye bean guilty or mi~conduct or negligence In the
~erformance of hiS dutie~ 4S suck director or oF~icer.
X III.
Th i s C:.~I.'':ar sha I' be G\eoJect to amendment
\orom time to tim~ In accordance ~i.:n law, an~ the ~or~o~a-
tlon shall be subject to all 9Qne~al laws no~ In farce
0:" ne~eafter c:'\ac-::::. \/I'.;n ~ega~d to cor;2o~atlon~ of thiS
:'\.lcur-!:.
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HAWAII COUNTY ECONO~nC OPPORTUNITY COUNCll..
BY-LAWS
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APPROVED BY:
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNcn..
BOARD OF DlREC!ORS
NOVEMBER 25, 1996
At:c:achmenc: C
ARTICLE l.
_ ARTICLE II.
ARTICLE III.
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TABLE OF CONTENTS,
PAGE
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PREAMBLE
PURPOSE AND FUNCTIONS
MEMBERSHI~
Section 1. Size of the Board 3
Section 2. Board Composition 3
Section 3. Selection Procedure for the Poor Sector 3
Section 4. Selection Procedure for the Private Sector 4
Section 5. Selection Procedur, for the Public Sector-';- 5 - -
S,ection 6. Appeals Procedure -by Other Groups for 5
Adequate Representation
Section 7. Removal
Section 8. Alternates .
Section 9. Vacancy
Section 10. Umitation on Board Service
Section 11. Conflict of Interest
Section 12.' Compensation
OFFICERS OF THE BOARD
Section 1. Description and Duties
Section 2. Election of Officers .~.
Section 3. Term of Office
Section 4. Recall and Vacancies
Section 5. Dual Office Holding
Section 6. Supervisipn by Board
Section 7. Ratification of Acts by Board
COMMITIeeS
Section 1. Executive Committee
Section 2. Program Development Committee
Section 3: Membership Committee
Section 4. Finance Committee
Section 5. By- Laws Committee
Section 6. Human Rights Committee
Section 7. Personnel Committee
Section ,. 8. Evaluation Committee
Section 9. Legislative Committee
Section 10. Ad Hoc Committee
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TABLE OF CONTENTS
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ARTICLE IV. MEETINGS AND RULES
Section 1. Regular Meetings
Section 2. Notice of Regular Meetings
Section 3. Agenda of_Regular Meetings
Section 4. Minutes
Section 5. Biennial Meeting
Section 6. Special Meetings
Section 7. General Rules For All Meetings
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ARTICLE V. DUTIES AND FUNCTIONS OF THE EXECUTIVE DIRECTOR
Section 1. Conditions 22
Section - 2. Responsibilities of the Executive Director 22
ARTICLE VI. FISCAL PROCEDURES
Section 1. Fiscal Year
Section 2. Required Signatures
Section 3. Legal Documents
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ARTICLE VII. PUBLIC ACCESS TO AGENCY J.NFORMATION
Section 1. Meetings 25
Section 2. Books and Records 25
ARTICLE VIII. AMENDMENTS TO THE BY-LAWS 26
ARTICLE IX. DISSOLUTION 27
ARTICLE X. COMPLIANCE WITH BY-LAWS
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APPENDIX
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BY-LAWS
_HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
PREAMBLE
The name of this private non - profit corporation shall be the
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL.
-It shall act as'the official Community Action Agency for the
County of Hawaii, in conformity with the standards and
regulations set forth' by the Community Service Block Grant
Act (CSBG).
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PURPOSE AND FUNCTIONS
The purpose and functions of this organization shall include
the following:
1. To identify areas of poverty and diagnose causes of
poverty in this County.
2. To develop a comprehensive plan to prevent, alleviate,
and eliminate poverty in this County.
3. To develop, conduct, and administer programs and to
oversee the conduct and administration of anti - poverty
programs as established under provisions of the CSBG
Act and State of Hawaii.
4. To act as an- advocate of the poor and to encourage,
stimulate, and assist in the development of anti-poverty
projects by public and private sector organizations to
meet the needs of the low-income including Native Hawaiians.
5. To encourage, stimulate, initiate, and support efforts aimed
at providing, health and decency standards of living, for
all people in the County who are in fact peer.
6. To involve residents of the area and members of the
population to be served, in planning, policy m~king, and
operation of the program.
7. To engage in such other activities as the Board may deem
necessary or desirable to effect a permanent improvement in
the capacities of individuals, groups and communities
affected by poverty, to deal effectively with their own
problems so that they may become self- dependent.
8. To actively engage in community and economic development
and housing projects for total community betterment to
contribute toward elimination of poverty in this County.
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ARTICLE I. . MEMBERSHIP
SECTION 1. SIZE OF THE BOARD
A. The Board shall consist of thirty-three (3~) members.
B. The power to' change the size 9f the Board rests with the'
Board.
C:; A change in representation of one category of membership
must be reflected in the proportion of members from the
other categories.
SECTION 2. BOARD COMPOSfTION
The tota'l number of Board seats 'shall be divisible by three
(3) and represents the different sectors in the community
to ensure the effective handling of poverty related issues.
A. Public Officials
Eleven (11) seats shall be allocated to elec,.ted Public
Officials. ,or their representatives.
B. Representatives of the Poor
Fourteen (14) seats shall allocated to repre!;entatives
of the poor, although representatives of the poor need not
themselves be poor.
c. Repfesentatives of Private Groups
Eight (8) seats shall be allocated to pri~te groups.
SECTION 3. SELECTION PROCEDURE FOR THE POOR SECTOR
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A. The members of the District Council will el~ct by majority
vote, in a secret ballot, representatives to the HCEOC Board
of Directors. '
B. Election for alternates shall be handled in, the same manner
and at the same'meeting as HCEOC Board Representatives
are elected.
c.' Apportioning of Districts.
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1. Number of representatives to serve on HCEOC Board
from each District Council shall be based on data
derived from the ,latest official County of Hawaii
Census information.
2. The total number of District seats for all Districts shall be
reapportioned before election to ensure representation
in proportion to the number of poor persons residing
in the area.
SECTION 4. SELECTION PROCEDURE FOR THE PRIVATE SECTOR
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A. Tre Board as a whole shall select the private sector seats
before seating of the members at the biennial Meeting
- - - in-JUiie-. ThEfqe'n~t'criteria COnSiderecfi.riselecting a
- group shalt be the following: _
1. Concern for the plight of the poverty population.
2. Demonstrated involvement in other community
organizations.
3. It covers the geographic area of Hawaii County.
B. The media shall be utilized every two years.to inform all
private groups that they can petition for a ~eat on the Board.
C. The Membership Committee Shall, in ranked order of priority,
recommend to the Board the organizations, to be considered.
D. A total of eight (8) sea1s shall be reserved for private business
and/or human service groups which can provide technical
assistance and/or other resources toward the mission of
Hawaii County Economic Opportunity Council. '
E. Private groups shall designate representatives and their
alternates, and may change representatives at any time with
written certification to the Board, such as a letter signed by the
groups' President or other official certifying official action. Such
substituted representatives shall serve only the remaining portion
of the term and be seated during the first meeting they attend
as official representatives.
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F. Each representative-or alternate shall be empowered to
speak and act on-behalf of the individual organization which_
he/she represents in connection with the Board's business.
SECTION 5. SELECTION PROCEDURE FOR THE PUBUC SECTOR
A. The designating officials shall consist of the Mayor a~d
the CountY Council Members, and the County Prosecutor.
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B. The Mayor and the County Council Members shall
determinS who shall serve on the Public Sector of the
-- HCEOC Board.
C. Names of both Public'officials and their Representa~ves
_ m~~~ be ~u~mitte~ !o !1e Board t?-Y ~~.designating officials~__
D. The- Public Officials selected to sit on the Boartt may each
appoint a permanent Representative to serve either
full-time in his/her place or whenever he/she is,unable
to attend a meeting.
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E. Representatives of Public Officials are nor alternates
and restrictions which apply to alternates of the private
sector and poor sector are not applicable.
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F. Representatives of Public Officials shall be authorized to
act for the Public Officials in .'matters before the Board,
and not as individuals.
G. The term 'of the Public Official or their Representatives
'shall be conterminous with the term of the'-Public Office of
the Mayor and the County CouncU.
SECTION.6. APPEALS PROCEDURE BY OTHER GROUPS FOR
ADEQUATE REPRESENTATION
A. Who'
Any community agency or representative group of the
poor which feels itself inadequately represented on the
Board shall' be able to petition the Board and have a hearing
for relJresentation.
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B. Time
Petitions shall be presented at least fifteen (15) days
before the regular meeting of the Board at which they
will first be presented.
C. Place
Petitions shall be filed at Hawaii County Economic Opportunity
Council, 47 -Rainbow Drive, Hila, Hawaii 96720 between the
hours of 7:45 A. M. and 4:30 P. M. or by mail.
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D. Form
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The appeafsl1aU be irrwriting and shalF contain specific
justification for the appeal and twenty-five (25) signatures
or 51 % of the members of the petitioning group or agency
whichever is less.
E. Hearing
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The Membership Committee shall review the appeal and
order the matter set for hearing. The proceeding shall be
presided over by the Chairperson of the Membership
Committee or, in his/her absence, by the Vice-Chairperson.
Any procedure may be modified or waived by stipulation
of the parties and informal disposition made of any appeal.
F. Decision
The Board of Directors shall make the final decision. A
certified copy of the decision and any accompanying
findings and conclusions shall be delivered or mailed to
all parties of the proceedings.
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G. Provisions for adjusting and realigning composition.
If a petition for adequate representation is granted, the
Membership Committee shall include the community agency
or representative group of the poor in the'annual priority
listing recommendation to the' Board in March. Seating of
the representatives shall occur at the biennial June meeting.
SECTION 7. REMOVAL
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A. Grounds for Removal-
1. Private and Poor Sectors
Unexcused absen,ces from two (2) consecutive Board
Meetings anet three. (3) consec~~ve Committee Meetings
shall constitute caLis~ to reconsider the person
representing the group.
2. Public
Provisions for removal shall not extend to the public
officials or their re'presentatives. ."
B. Procedure for Removal
, 1. Private and Poor Sectors
a. If a member is absent or not officially represented
for two (2) consecutive Board Meetings and three (3)
consecutive Gommittee Meetings, the member and the
organization which he/she represents will be notified
in ~riting (fifteen (15) days prior to the hearing) that
,the Board intends to remove them.
The member and the organization will be given a date
(by the Membership Committee) to appear at the
hearing. At that time they may present reasons why
they should retain their position on the Board.
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2. Private groups may substitute representation at any time
with written notice to the Boar~, provided that the
provisions of these By-laws with respect to
certification of the representative are complied with.
3. Public
a. The Mayor and Council person of the County shall be
notified iton(! of the representatives J~ ~ot ~n _
substantial attendance, or for jusf Cause, the-Mayor
and Councilperson may be requested to appoint a
replaceme!'lt _
b~ The Mayor and Council person may sut)&titute
-:;:~ repr~ntatiyes at any time with w~tten notice to. ~e
Board, provided that the. ~jroVisions of these By - Laws
with respect to certification of the representative
are complied with.
SECTION 8. ALTERNATES
A. Alternate Representative of the Poor Sector'"
1. Alternates shall be chosen according to Article I.
Membership, Section 3C Selection Procedure of the Poor.
2. Alternates shall act only as substitutes for a regular
member in his/her absence and may not serve as
officers of the Board.
3. In the event of a vacancy, the alternate named for each
representative shall serve the balance of the
representative's term.
4. An alternate filling a vacant seat shall become a regular
member of .the Board, and thus, eligible for service
as an officer of the Board.
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B. Alternate Representative of the Private Sector
1. Groups represented on the Board shall designate one (.1)
alternate, who shall be certified in writing by the sponsor
. ,he/she represents.
2. Each alternate may represent only one (1).Board member.
3. An alternate shall act only as a substitute for a regular
member in hi.slher absence. and may .no~ serve as an. officer
of the Board.
4. If a represen1ative vacates his/her seat, the alternate
shall fill the ,seat as a regular member for th~'duration
of the term. A new alternate shall be selected by the
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SECTION 9. VACANCY
A. A vancancy on the Board shall occur when:,
1. A member and the organization he/she officially
represents has been notified of his/her official removal
for just cause by action of the Board.
2. A member notifies the Board of his/her resignation in
.writing, or the Board is notified of the death of a .
member.
3. The designating officials (Mayor, County Council) may
remove a public official or his/her repre~entative.
4. A Public Official leaves office.
5.. The remainder of the sea1s allocated to public officials,
if the number of public officials who are willing to serve
does not comprise one-third (1/3) of the Board.
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B. The Board of Directors shall fill vacancies as soon as
possible.
1. The vacant seat of a representative of the poor shall be
filled by his/her altemate.
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a. If an alternate has been selected, the alternate shall
fill out the term and the naming of a new representative
snall.occur affer this event. -
b. If an alternate has been selected, the Board shall
ask the organization which appointed the former
member to name another representative to fill the term.
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3. Vacant seats of public officials shall be filled by Board
request of the designating officials (Mayor. County Council)
to select another public official or repre~ntative or when
an official indicates willingness to sit on the Board.
SECTION 10. LIMITATION OF BOARD SERVICE.
A. Public Officials or their representatives shall have no
tenure restriction and serve for the duration of their
apppointment by the designating official as long as the
public official is currently holding office.
B. Representatives of the poor and of private organizations
may serve up to five (5) consecutive years, but no more
than a total of ten (10) years with a twelve (12) month
hiatus between terms.
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SECTION 11. CONFUCTOF INTEREST
A. No person may sit on the Board if he/she is an officer or an
employee of an organization contracted to perform a component
of an HCEOC program, an employee of HCEOC or federal
employee of a funding source.
B. No person may sit on the Board if he/she has a conflict of
financial in~erest and "substantia,1 interest" in HCEOC contracts.
1. Any direct or indirect financial interest in the specific
sale or rental transaction, ,including a commission or fee,
a share of the proceeds, the prospect of promotion, a
profit, or any other form of financial reward."
2. Any of the following interest in the business which is
supplying the goods, space, or services for purchase,
rent or lease. '
- - - -,Own~rship
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- - - - Partnership interest or other beneficial interest
of 5% or more C
- - - -Ownership of 5% or more of the, stock
- - - - Employment as an Executive Director
- - - - Membership on the Board of Directors or other
governing Board
SECTION 12. COMPENSATION
A. Regular compensation of Board Members shall b~ prohibited.
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B. Reimbursement shall be made to cover cost of certain
expenses actually incurred as,a result of attendance
at a meeting, or in the performance of other official duties
and responsibilities in connection with the agency.
1. Reimbursement for transportation to and from
official appointments is permissible. If private
automobile is used, the rate shall be in accordance
- -"with federal travel regtJlations. - - - .
2. 9ther Expenses
.A grantee or delegate agency may make available to
. Board members the use eftslephone, xerox: etc. fiftne---- -
agency free of charge for matters relating to official
business.
3. Board members may be reimbursed for up to six (6)
meetings per month.
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ARTICLE II. OFFICERS OF THE BOARD
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SECTION 1. DESCRIPTION AND DUTIES
The Officers of the Board shallbe: Chairperson,
Vice-Chairperson, Secre1ary, and Tresurer.
CHAIRPERSON
The Ch_airperson of the Board shat' preside at all meetings
of th-e Board and Executive Committee; appoint members
of all Committees with the exception of the Executive
and Personnel Committees.
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The Vice-Chairperson shall have all the powers and shall
perform all duties of the Chairperson in that person's
absence. '
SECRETARY
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The Secretary shall maintain a complete file of the minutes
of an meetings of the Board and shall sign required
correspondence and documents. .
TREASURER
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, The Treasurer shall have charge of the funds of the Board
and shall arrange\for the deposit of funds-in the name of
the Board in a Bank designated by the Board. The
Treasurer shall present a Financial Report to the Board
at each regular m,eeting, and shall explain the Report
at the request of the Chairperson of the Board.
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SECTION 2. ,ELECTION OF OFFICERS
At the Biennial Meeting held in June, a Nominating Committee
shall be appointed by the Chairperson. It shall be the duty of this
Committee to nominate candidates for the offices to be filled.
Additional nominations from the floor shall be permitted. Election
shall be held during that meeting. If the election is delayed,
elections shall be held no later than the next regular scheduled
__ monthly meetil1Q.: The 'officers s~all be elected _bY ~ecret .~1I9t.
SECTION 3. TERM OF OFFICE
The officers shall serve for two (2) years or until their successors
- "- ar~ elected. - rtiejr term of offic.a sh~lt begjn__~!.th_e glq~e o! the.
meeting at which they are elected.
SECTION 4. 'RECALL AND VACANCIES
In the event a vacancy occurs in any office of the Board, or the
Executive or Personnel Committees, an election shall be held at
the next regular Board meeting to fill the vacancy for the remainder
of the term.
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SECTION 5. DUAL OFFICE HOLDING
Board members may hold office in organizations they represent
and an office on the Board. But no one Board can hold more than
one office on the HCEOC Board of Directors.
SECTION 6. SUPERVISION BY BOARD
Executive Officers of the Board are responsible to the Board and
can only act on terms which the Board has assigned to them. All
other items must come before the Board.
SECTION 7.< RATIFICATION OF ACTS BY BOARD
Acts not delegated to an officer or committee must be
ratified by the" Board.
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ARTICLE III. 'COMMITTEES
The standing Committees shall be: Executive Committee,
Perscinnel Committee, Evaluation Committee, Program
Development Com'mittee, Legislative Committee, Finance
Committee, Membership Committee, By-Laws Committee, and
Human Rights Committee. The Chairperson of the Board shall
appoint Committee members with the exception of the
Personnel Committee and the Executive Committee.
The membership of a particular. cO"1mittee shall appoint its .
-, --- Chai~persOn; with -the -exception - of the Finance Committee and
the Executive Committee.
, Membership on all committees, including the Executive
Committee, shall be proportional to the representation in each
of the three (3) 'categories of membership comprising the
, Board. Each Board Member shall be assigned to at least one
standing committee, and insofar as possible, all Board Members
should be assigned approximately similar- Ipads of committee
work. The Chairperson of the Board may be an ex-officio member
of all committees but has no vote.
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Members of committees shan be given not less than forty -eight
(48) hours notice. Meetings shall be called by the Chairperson
of th~ Committee. ' '
All recommendations from committees require ratificatibn by the
Board before implementation.
SECTION 1. EXECUTIVE COMMITTEE
The Executive Committee shall consist of the Officer~ of the
,Board, plus as manyadd,itional members as required to make the
total membership proportional to the representation of classes of
Board membership. These additional members shall be el~cted by
the Board in the same manner as officers are efected according to
these By-Laws. Nominations for each of the Executive Committee
positions shall be made by the N9minating Committee, whose
responsibility it shall be to maintain proportional representation.
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The Executive Committee shall be empowered to act only in
emergencies which demand action is less than the forty - eight
(48) hours required to call a special meeting of the Board.
If a quorum of the Board is not present at a regular or special Board
Meeting, a quorum of the Executive Committee shall be empowered
to enact only items of business on which action is mandatory before
a regular or special Board Meeting can be held. The Executive
Committee shall have no other special powers and shall be
specifically prohibited from conducting ordinary business. The
~ecutive Committee may not amend the By-Laws.
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SECTION 20r PROGRAM DEVELOPMENT COMMITTEE
The Program Development Committee shall review aU new and
refunding proposals for programs.. recommended priorities.
- establish- guidel~nes and standards for projects and make a
recommendation regarding same to the Board, this includes
research proposals. Priorities shall include the recommendation
of target areas concerned.
The Committee shall establish public relations guidelines and
standards for informing the community at large of the nature and
progress of the anti-poverty programs, with special emphasis on
creating involvement. It shall not deal directly"with media or other
community interest without the approval of the Chairperson of the
Board. It shall conduct any other public relations activities suggested
by the Board. .
SECTION 3. MEMBERSHIP COMMITTEE
The Membership Committee shall receive and review the certificates
submitted for membership on the Board as provided by these
By-Laws, and shall maintain a current priority list of organizations
suitable for potential membership. This Committee shall invite
organizations to send representatives to the Board, shall maintain in
current status, attendance records of individual representatives at
all regular, special and assigned committee meetings, and shall make
recommendations to the Board concerning inactive members to
the Board concerning inactive members or organization as provided
in these By-Laws. Upon Board direction, this Committee shall make
appropriate notification to organizations when changes in representation
are required.
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SECTION 4. FINANCE COMMITTEE
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The Committee shaH recomme~d guidelirJes for the
management of fiscal policies, shall work with the Exec~tive
> Director in preparing tDe budget, and make a quarterly report
on the fiscal condition of the corporation to the Board. This
Committee shall also explore possibilities of community ,
contributions to the non - Federal share of the cost of any
program. .
SECTION 5. - BY - LAWS,COMMIITEE
The By- Laws Committee shall be ~sponsible for the
development of By-Laws and recommendations of proposed
amendments to the By-Laws. The Committee shall annually
eval~ate'the By-Laws for conformity to Federal, State and
local regulations, and for operating efficiency. It shall .
perform such additional duties as prescribed by the Board.
SECTION 6., HUMAN RIGHTS COMMITTEE
The' Human Rights Committee shall hear any and all ,
grievances, except for the grievance of the s1aff, which shall
be ha(1dled by the Personnel Committee, of'suggestions from
any member of the' Board or the community concerning matters
of interest to it. The Committee shall report to the Board, all
matters brought to its attentiQn and all' recommendations it may
have. The Committee shalt ,make itself available to the public.
Nothing in this provision s~all prevent parties to grievance
complaints from subsequent direct access to the Board.
This Committee s~all work in conjunction with the Equal
Employment Officer. .
This Committee will also review the Affirmative Action
Plan and recommend Board approval.
This Committee will also guarantee the enforcement of the
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Agency's Affirmative Action Plan.
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SECTION 7. PERSONNELCOMMITTEE
The Personnel Committee shall review formal grievances
presented by any member of the staff in accordance with
the Personnel Policies. The members of this Committee
shall be elected by the Board and shall elect their own
Chairperson.
The Personnel Committee shall review all salary increases
or adjustments in conjunction with the Finance Committee and
shall keep the Personnel Policies current according to
Federa~ and State regulations.
SECTION 8. EVALUATION COMMITTEE
The Evaluation Committee shall evaluate the effectiveness
of all programs put in operation by HCEOC. The Evaluation
Committee shall set forth recommendations to the Board on
the continuance of on-going programs. It shall work closely
with the Program Development Committee and be informed
by that body of all programs in operation, as well as those
being considered for approval by the Program
,"
Development Committee.
SECTION 9. LEGISLATIVE COMMITTEE
The Legislative Committee shall prepare bills for introduction
in the County Council and the State Legislature on any
matter which affects HCEOC and shall establish a liaison
with legislative groups for the introduction and advocating
of all legislation in which HCEOC may have an interest.
SECTION 10. AH HOC COMMITTEE
The Chairperson of the Board of HCEOC, with concurrence
of the Board of Directors, may create an Ad Hoc Committee for
any matters not specifically covered by these By- Laws.
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ARTICLE IV. MEETINGS AND RULES
SECTI,ON 1. REGULAR MEETINGS
The Regular Meetings of the HCEOC Board of Directors shall be
held on the fourth Monday of each month unless otherwise
ordered by the Board or the Executive Committee. However, the
Board shall meet at least once every ten (1 0) ,weeks. '
SECTION 2. NOTICE OF REGULAR MEETINGS
A. Written noticEt of meetings _~d t~e ~genda shall be sent to all
mempers of the Board. Committee reports, reports from the
Executive Director, and other agenda materials shall be
included in themailing when available.
B. Notice of meetings shall be given to the local public media.
C. Notice shall be provided 'at least five (5) days in advance of
meetings. .
I . ...
D. It is the responsibility of member organizations to see that
their alternates are notified when they are to attend a meeting
in th~ place of the representative.
. SECTION 3.' AGENDA OF REGULAR MEETINGS
A. The Agenda shall include minutes of the'previous regular meeting,
, any special meetings, and committee meetings held since the
last regular meeting.
B. The Chairperson shall provide opportunity for new business to
be introduc~d from the floor and from the public, whettler or not
this has been included in the advance written agenda.
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SECTION 4. MINUTES
A. Written minutes shall be kept for each meeting.
B. Written minutes shall include a record of votes on all
motions.
C. Minutes of previous meetings shall be distributed to all
Board Members prior to the next meeting.
D. Minutes of meetings shall be made available to the public
for inspection and where applicable, translations will be
. . - made. . -. - ~-- -.
SECTION 5. BIENNIAL MEETING
The Regular Meeting in June shall be known as the Biennial
Meeting and shall be for the purpose of seating new members,
electing officers, Personnel and Executive Committee members,
and for any other business that may arise..
SECTION 6. SPECIAL MEETING
Special Meetings of the Board may be called by the Chairperson
or upon written request of any five (5) members of the Board,
provided each member has at least forty-eight (48) hours
advance notice of the time and place of the me'eting. The
items for which a meeting is specially called shall have
precedence over any other agenda items.
SECTION 7. GENERAL RULES FOR ALL MEETINGS
A. Parliamentary Authority
The rules contained in the most current edition of Robert's
Rule of Order (revised) shall govern the Board and
Committees to which they applicable and in which they'
are not inconsistent with these By- Laws. The Chairperson
appoint a parliamentarian.
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B. Quorum
1. One- half of the total non -vacant seats shall constitute
a quorum at any Board or Committee Meeting. If a quorum
of the Board is not present at a Regular or Special Board
Meeting, a quorum of the Executive Committee shall be
empowered to enact those items of business on which
action is mandatory before the next regular or special .
meeting can be held.
2. The Board shall note in its minutes how many seats are
vacant afthe time of each' meeting, in order to' determine
that a quorum has been established..
3. The quorum requirement is applicable for all official Board
action at the time the action is taken. If at any time during
a meeting the quorum is destroyed, the Board's action will
not be recognized as official.
C. Voting
."
1. All votes in Regular or Special Board Meetings and
Committee Meetings shall be by majority votes unless
otherwise specified in the By-Laws. .
2. Proxy voting by any Board Member shall be prohibited at
meetings of the Board and its Committees.
D. Scheduling of Meetings.
1. All meetings shall be scheduled for the convenience of
Board Members and the General Public.
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ARTICLEV. DUTIES AND FUNCTIONS OF THE EXECUTIVE DIRECTOR
SECTION 1. CONDITIONS
The Executive Director shall be employed by two-thirds of the
certified members of the Board. The Executive Director's services
may be terminated at any time in accordance with Personnel
Policies and subject to a two-thirds vote of certified members.
SECTION 2. RESPONSIBILITIESOF THE EXECUTIVE DIRECTOR
A. The Executive Director shall have chief administrative
responsibility by carrying on the work of HCEOC, according to
policies established by the Board.
B. The Executive Director shall be responsible for drafting the
programs as directed by the Board and shall make
recommendations to the Board concerning these programs.
C. The Executive Director shall make recommendations to the
Board regardil1g fiscal policy formore effective use of funds
available. ."
D. The Executive Director shall attend all meetings of the Board
and may attend Committee meetings of the Bo'ard.
E. The Executive Director shall report his official activities to the
Board regularly and promptly, and shall keep the Board informed
as to whether its instructions and policies have been executed.
F. The Executive Director shall inform the Board promptly of
established funding policies and directives, so that local
policy can be maintained in conformity with all rules,
regulations and policies.
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G. The Executive Director shall maintain a complete library of
pertinent current rules and regulations and policies.
H. The Executive Director shall be respoDsibl,e for informing
the Board of all Federal, State, anp local Laws and
Regulations to enable the administration of programs to be in
compliance with them.
I. The, Executive Director shall be responsible for the proper
completion and prompt return of all official requests for
information, reports, and forms from funding source.
J. The Executive Director shall be responsible for' maintaining
liaison between the Board and other agencies, and shall keep
communicatior"ls continuous with all community agencies
relevant to the work of tiCEOC.
K The Executive. Director shall hire, supervise and terminate
employees and shall be responsible 'for compliance with ,
Federal, State, County, and'HCEOC Policies on Equal
Employment Opportunity, Affirmative Action and hiring and'
termination of staff members.
L The Executive Director shall direct and supervise all, HCEOC
Employees ~nd make recommendations to the Board matters
of PerSC?nnel Policy.
M. The Executive Director shall perform such other duties and .
carry out such other responsibilities ~s the Board may require.
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ARTICLE VI. FISCAL PROCEDURES
SECTION 1. FISCAL YEAR
HCEOC Fiscal Year shall be from October to September.
SECTION 2. REQUIRED SIGNATURES
I
The following four (4) individuals shall be authorized to sign
drafts, notes, and checks: Executive Director, Fiscal Officer
Treasurer, and Chairperson. Any two (2) signatures will be
required on checks, notes, and drafts.
SECTION 3. LEGAL DOCUMENTS
Legal documents for HCEOC require either the Executive
Director's or Chairperson's signature.
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ARTICLE VII. PUBLIC ACCESS TO AGENCY INFORMATION
SECTION 1. MEETINGS
All Committee, Regular and Special Board Meetings shall be
open to the public except those portions concerned with
personnel matters. '
SECTION 2. BOOKS AND RECORDS
. Upon request, all books and records shall be made available
to the public with the exception of staff personnel records.,
....
.
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ARTICLE VIII. AMENDMENTSTO THE BY-LAWS
The By-Laws may be amended by a two-third vote of the
memb~rs of the Board at any General or Special Meetings,
provided notice of the proposed amendment or amendments
has been given to each Board Member in writing at least
fourteen (14) days prior to the meeting at which the proposal
is to be considered. The Board shall report any amendment
or amendments to the Director of Office of Community
Services (OCS). The Board shall not amend these By-Laws
in the absence of a quorum. It is not within the power of the
Executive Committee to amend these By-Laws.
. .,
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ARTICLE IX. DISSOLUTION
The duration of the corporation shall be perpetual. In
the event the corporation is to be dissolved, dissolution
procedures shall be in accordance with the State Law as
modified by any other legally binding conditions.
....
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ARTICLE X. COMPLlANCEWITH BY-LAWS
The rules, regulations, and policies promulgated by
HCEOC shall be in compliance with the provisions of these
By-Laws. Any rules, regulations, and policies not in
compliance shall be void.
,Ot
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HlLO
SfVEH COUUUHIJIU
KA'U-fUHA
JWOCOMMUNIJO
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OISJRlCJ COUHClL
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61W'M5EHJAJIllES
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12 UEIo1IIERS
3 REl'lWia:HTAJIIIU
10 lHi IKWiO
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Dl$IRlCT COUNCIL
. MfMlIERS
2fCif'RiSfHJAJIllES
10 'HE lIOAHO
PU8UC
11 MEM8ERS
LOW-INCOME
14 MEM8ERS
PRIVATE
8 MEM8ERS
HCEOC BOARD OF DIRECTORS - TOTAL 33 MEMBERS
.'",
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COUNTY WIDI:
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llfAD
SIAlU
f'OI.lCY
COlJttClL
42
IoIfWlltRS
1 Rfl'REstH IAIIVE
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on<::T'IJN:rr COu~.C:l~
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AddIft. any reply to: Fl O. OQ4 ,,~1. Loa'....",. c,. Cw..l 10033
~Q5'li:~1.'='....~ @.JU C'::u@ -:J:-rz..&~~:.::-c.I"
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Internal Revenue Service
Oat.: "FEe 2 5 t91t' '" ..."., ,,,'.' !.A:~O:n-226
Code 42J. :lL.02 :;\OB
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1'81. (213)688-4763
C>
HBva1:1 County !conaad.a OpportmU-tT Council
46 Keava Street
mo, KawaU 96720
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!'\I:POS&: Cbar1table It. Ed.uca't1MUl1
~. aea&ms with Intern..l
"'ClUe Suvi.c:. Cente1:: PhilAdelphia. Pennsylvauia
~wg PU'1ocl Enciin;: FebNa17' 28
~esa Iuqu1:ies to District
D:i%c:c.to: oi Int.emal llevcnue: Los A:1geles
."
ksed en info1:"ln&tien supplied, ancl assuming YOU1: operations will be as
auced in YOU'1:' cxe.a:qJuon application, we have cietcrmi.neci tn.: t you 3re
ez~t from Federal ~co=e t~ un~er secticn SOl(~)(J) af ~e Internal
leveaue Code. Any cnac.e ~ your purposes, c~ar4cter, 0: =~thod 0:
opc4Lclou lINst be re,!,o1:ted. to us so ....e may con~i<.1e1: c..'1.c eHect 0: ;;1oe
cb.a=ge ou )'OU1: ex~t., sutus. You aNS:' also report auy cnange in yo~:
s;:aae aDel aClci.ress.
58 bzve fu:cne: cieter:a:i..~e<i chac you ;fore no:. a private ~Qunci.1.cion wi:~i.:1
~e :.an~ng af sec:~Q: 509(3) of ;~e Cacie because you are an org~n~:~:iau
4eae:1becl ~n sec;1.au 1.70(b)(J.)(A)(rt)
F01: y~rs be~~~~ing ~rior :0 J.nu~rJ t. 1970, you ars requireu :0
file tne annu.d. l.nto~t~an t'eturn, COr:l 9<i0-":' car UC:l subsequcn;
yea:, please rater :0 ~~e .~st:UCt~aC3 ~CCO~~~:1Ylng the far: 990-^ for
~t. ~~1~ul~r y~~r :0 Clet~r.:.ne ~:letner you a:~ require~ :0 file.
Z~ filtcg is requ~re~, you ~sc fi.l~ tne For: 990-A by the l5th d.ay 0:
D. fif:A amti1 ai::.e.: c:D.e C1el of your annual ..~~oua.ting ?erio~.
-- ....
L-178 · (aev. ~.^.)
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~ ,t ~.r EcO!:t""'" e Oppargmity Council."
tou are 'not required to file Federal income eax return. unless you are
IUbJece to t~e ~ ou uure~ateu business ~ncome un~er see:~on 511 of
eAe CoAe. If you are SUOjece co ChlS t~x, you must filc an Leeoee tax
:&.C&IrZl ou Form 990-1'. Iu =.i5 letter we are noc d.eeermiu1.ng waecher
aay of your prcaent or prop~sed ace1.vi:ies is unrelated trade or bu .
.... u cle.f1.uec1 iu sect1.0n 513 of the Cacle.
loa are noc liable for Federal unc=plo)"lllenc taxes. You are luble for
aoci.al security taxes on.ly if you have filed wai.ver of e:xe::pcion
~Pi'i~.tca as prov1.deG ~ che Federal Insuran.ce Coucributious Ac:.
~tions made co you are clecluccible by donors 'a. prOvided in
~on. 170 of the Code. lequests, lesacies, clevises, cr~nsfers or
a1fc.a CO or for Y,our use are decluc.'c:.ible for FeGera); esCace and. g1fe
~ purposes unGer the prov1aion. of sections 205S, 2106 and. 2522 of
i:be Cocle.
~ou need an. employer identification number, even if you don'c"have 4ay
~loyees. n\is number is ~ be usca on all your tax returns ana in
your corr~pond.ezu:e, wieh ehe 1ncern:11 Revenue Service. If IOU cia not
Gave such a numOcr, your Districe Director vill take Icepa co .ee cnac
oae 1& b.uer1 at all e.azly d.ate.
~ 1& a cLet:-ift~d.oo. le.:.:u.
Very cruly.~ours,
.
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NAME
puauc SECTOR
Sandy Schutte
Abbie Napeahl
Jerry Chang
Kenneth Acdal
Jin Rhodes
Milton Nakarsu
Sandra Sakaguchi
Mel MartInsen
Cunis Tyler III
Joe Reynolds
Jay Kimura
PRIVATE SECTOR
Mike Nagao
MichaelOkumotCl
Neal Malsunobu
C1fford ogara
Russell Bothelo
Vacant
Vacant
Vacant
L.OW-INCOME SECTOR
Tom Pay
Dwight Takarmne
Richard Cabane
LouISa Manzano
MaEsuko Teragawa
Ann Gonzales
Agnes Navarro
VM8t1 Palacat
Dorothy Yanagi
Jewett Spencer
MaxIma Mecale
SantIago Gose
Sabma Hauanlo
Anna Pacheco
.
BOARD OF DIRECTORS
OCCUPATtON
Attorney
Homemaker
BUS1nEISSI11an
lFE Case Manager
OlreCtor of Prcmouons, Kaiko'o Mall
Hawaiian Telephone RepresentatIVe
HCC Acbng Provost
Businessman
Councilman
CounCIlman
Prosecuung AttOrney
AdministralOr - UH
Manager - Bank of Hawai-HDo
Credit Officer
programmer
Busmess Agent
Retired Plantation Employee
Attorney
InstrUctor-Keaukaha Elderly Center
Homemaker
Homemaker
Homemaker
Homemaker
Homemaker
Homemaker
DOE
Homemaker
County ImmIgrant Specialist
Student - UH
Homemaker
Attachment ,E
.
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REPRESENiTlNG
I
Mayor Stephen Yamashiro
CounCIlman Aaron Chung
Councilwoman Bobby Jean Lerthead- Todd
Councilman Oomlnic Yagong
Councilman John Sam8li1gelo
Councilman James Arakkl
CounCIlman AI Smith I
Councatman John Ray
Self
Self
Self
I
Universsty of Hawaii, cobperatlV9 &t.
Bank of Hawaii I
Hawaai Federai and Stme Credit Union
I
Hawaii Government Employees Assn.
ILWU
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_ DlSlnCt call
Hamakua Oismct Counbl
Hllo DlsUict Council
Hllo District Council
Hilo OlsUlct Council
Hllo OlsUict Council
Hila OisUict Council
Kena OlsUtct Council
Kana Olstnct Council I
Kana Oistnct Council
Ka'u-Puna Oistnct Council
Ka'u-Puna Distnct Cduncll
Ka'u-Puna Distnct CduncII
CountyWide Policy co~ncll
~ECTION 12. C~PENSATION r
A. Regular compensation of Board Members shall be prohibited.
- 11 -
-B. Reimbursement shall be made to cover cost ot' certain
expenses actually incurred as a result of attendance
at a meeting, or in the performance of other official duties
and responsibilities in connection with the agency.
1. Reimbursement for transportation to and from
official appointments is permissible. If private
automobile is used, the rate shall be in accordance
with federal travel regulations.
'2. Other Expenses
A grantee or delegate agency may make available to
Board members the use of telephone, -Xerox, etc. in the
agency free of charge for matters relating to official
business. -
: 3. Board members may be reimbursed for up to six (6)
meetings pe~ month. '
~"
Board members are volunteers as ,?er By-Laws Section 12, pp. 11 & 12.
~Atcachment E-l
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Attachment F
See attached Pa~e 4 Section C. Affirmative Action, an excerpt from HCEOC
Personnel Policies, Approved November 22, 1993.
A complete copy of Personnel Policies can be supplied upon request.
."
Attachment F
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B. Head Start
The qualifications for Head Start teaching staff and
director positions are mandated by the Department
of Human Services, State of Hawaii. All applicants
for Head Start positions need to meet those
qualifications and need the approval of that
Department prior to hire.
C. Affirmative Action'
It is the policy of HCEOC to provide equal opportunity
in employment for all qualified persons and to _
prohibit discrimination in employment because of , -
race, creed, color, sex, age, marital status, national
origin or ancestry, religion, han~icapping condition(s) I
arrest and court record~, political affiliation or belief,
or membership in any lawful organization.
The management will plan and take affirmative
action to achieve equal employment opportunity.
D. Sexual Harassment
."
HCEOC shall not tolerate sexual harassment.
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct or
visual forms of harassment of a sexual nature
constitute sexual harassment when:
1. Submission to that conduct is made either
explicitly or implicitly a term or condition of
an individual's employment; or '
2. Submission to'or rejection of that conduct by an
individual is used as the basis for employment
decisions affecting that indiVidual; or
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FI\.IH~ FE!
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lc:.",'ica_ c"",,, S .ta..., o.o'J'l"OOhO"~11
FI&.! IN OYPUCATl
ST.a.TEi OF HMvAI1
DEPARTMENT OF AEC:Ul.,,\ TORY .a.CENCU!S
a_1ft' """laflOf' 0;",.._
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Mall"" .a.acs,,,,s: P.o. loa <40. Honolulu. "'_.'1 94110
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Hewa I I County EconCIII i c: OCllOl"Tun I ty Coune:' I
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c::1:RTtFlCA TE OF AM&IOMENT
The undcrsi9"ed duly authorized officers of Hewa i I County EconClllic: QppOl"TUn i;" Ca~C:i I
a Hawaii non-profit .caQoration, '= hereOY certify rhat at a
lCiQIn)cl meeting of the members of said ~ratlon duly celled end held at
Hllo Assccla1'lon fo Hel" Retarded CI1'1 ~.ns H II 0, Hewa i i .
en
rhe 201'"
day
of
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. " ..!1 for the purpose ,of czmendin9 the Chcrter of Incarporetion, it ~ voted
.
by 'not less then two-thirc!s of the members present at the meeting to emend the Charter of
InCClrporotion of said ecr;2Orc:rion, CIS set forth in the exhibit Clt'toc."'ed hereto end moce a port 01
this Certificate.
IN WITNESS Wt-'.EREOF,
1h'7
the undcrsired hoYe hereunto set th.ir honc!s 'this..z~ of
, "fL.
STA~ OF HAWAII
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o Ice nel.: CDe I r12.~n
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iif:Se,c Secr'Tary
CounTY of Hawa i I
swam on oom eeoose end SCIY thet they ere the C!ta i 1"""'01'1
bein9 first duly
"c:rtd
Laurence J. Cao.llas
end
Meel in. CoS'rorfo
See"'''a,.., .
. respec:tively, of Hawaf I CounTy ECClt'IOIftic Qooot'1'ul'lity Council
thet CS S\lch officers rhey ere duly authorized to si9" the for.ing Certificate ci Amendment;
end that they "eve read the said Cerfificate and a:Tec:hed Eahibit. lcnow the =ntents thereor. QI'Id
~Qt the scme cre true.
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Offlc:Q;el.: SecreTary
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Attachmene B
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INSTRUCTtCNS
ihe ameflc,.".nl la Ihe C~crler of Inc:arQoratlon of a I"on-orofit c~r::orctlon ~uSI ~ c::loroved
at a meetIng dl.lly called ond neld for that ~urpose ~y I~e vole of :"01 less It'lcn I....o-I:-.tres or
It'le memoers ;:resent at lne meettng. or by a larger ;:rooorl1on of memoers c:s may oe required
by li'le Chorter af Incorporatton.
Tne ellcc:t neme af the cOr::loratlon es stated in the C~artet of Inc:orooraflon must be stated In
the heading and body of the Certificate.
The Certific:ote must be si9"ed and verified by at leest two affic:ers aid filed With the
Business Registration Civision of tne Department of R~latory A~=nc:ies. toc;ether wi tn the
filing ree af $5.00. The a:nendment $noll become effect.ve upon the allowanc:e by the
Director of Regulatory AgenCIes.
EXHISIT
The ~ibit must show tnot the eMrter.af Incorporation nos been emended by:
I. Stating tn. article or articles or paragraph or paragraphs of the Charter of
Incorporation os anended, or
2. Stating the Charter of Incol'J)Oration os amended in full.
I -
CHARTER OF I NCORPORA T ION
of
HAWA II COUNTY ECONOMI C OPPORT1JN I TY CCUNC I L .
III
1. To ac:~tvely solicit tne ~oordination and COOQeratlon 0; all individualS.
Igenc:ies and organizatIons, ~tn Qublie and private, ~Itnln ~~ County ot Hawal I,
~owaras a5s1S~lng t~se Individuals and graues wno are Oelow average ec:anomlc levels
~o attain an ImQroved caQ40ility ot tlnanC:lal earnIngs and to assist tne general
Jubl IC ot tne CounTy ot Hawaii.
2. To enl IS~ interest and financial suopot't f~om any and all sources to
tngage In QroJecTS TO comoaT Qoverty and to engage In suc:n OTner a~tlvltle5 as tne
~cara may deem necessary or deSlraele TO ettecT a ~ermanent lmerovement In tne
capaC:ITles af IndiVidualS, grQuQs, and communiTies.
RECEX'iED
om S~? ~.3 .;; I .: 5
cC:w . it ,\11
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
HILO, HAWAII
Financial statements and
Supplementary Data and
Comments'on Internal control
and Compliance
Years ended September 30, 1996 and 1995
....
(With Independent Auditor's 'Reports)
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Year ended September 30, 1~96
I
Table of Contents
Paces
Independent Auditor's Combine Report on the Basic Financial
Statements and the Schedule of Federal Awards 1
Financial Statements
Statements of Financial Position 2
Statements of Activities 3
Stateme-nts of Functional Expenses --4
Statement of Cash Flows 5
Notes to Financial" Statements 6
Supplementary Data:
Schedule of Federal Award Programs 10
Independent Auditor's Report on the Internal Control
Structure Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing
Standards 12
Independent Auditor's Report on the Internal Control
Structure Used in Administering Federal Awards 14
Independent Auditor's Report on Compliance Based on an
Audit of Financial Statements Performed in Accordance
with Government Auditing Standards 17
Independent Auditor's Report on Compliance with Specific
Requirements Applicable to Major Federal Award Programs 18
Independent Auditor's Report on Compliance with the
General Requirements Applicable to Federal Awards Programs 19
Independent Auditor's Report on Compliance with Specific
Requirements Applicable to Nonmajor Federal Awards
Programs 20
J _NNlFER L. GOSSER'...
CERTIFIED PuBLIC ACCOUNTANT
An Accountln, Corporation
688 Kinoole Street, Suite 201 . Hila. Hawaii 96720 · Phone (808) 969.3115 Fax (808) 969.7463
wdependent Auditor's Report on the Basic ~inancial Statements and the Schedule of Federal
A wards
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the accompanying statement of financial position of the Hawaii County Economic
Opportunity Council as of September 30, 1996, and the related statements of activity, functional
expenses, and cash flows for the year ended September 30, 19.96. Th~ financ~ ~temellts
are. the. responsibility of the Council's management.. .My respo.nsibility is to ~~ress. an opipi9tl.
on these financial statements based on my audit. Infonnation for the year ended September 30,
1995, is presented for comparative purposes only and was extracted from the financial statements
presented for that year, on which I expressed an unqualified opinion in my report dated July 12,
1996. .
I conducted my audit in accordance with generally accepted auditing standards, Government
Auditine Standards, issued by the Comptroller General of the United States, and the provisions
of Office of Management and Budget (Ol\1B) Circular A-133.. "Audits of Institutions of Higher
Education and Other Nonprofit Organizations". Those standards and OMJ3 Circular A-133
require. that I plan and perfonn the audit to obtain reasonable assurance about whether the
financial statements' are free of material misstatement. An audit mcludes examining, on a test
basis, evidence supporting the amounts and disclosures in the Mancial statements. An audit'also
includes assessing the accounting principles used and significant estimates made by management,
as well, as evaluating the overall financial statement presentation. I believe that my audit
provides a reasonable basis for 'my opinion.
In my opinion, the financial statements referred to above present fairly, in all material respects,
the financial position of the Hawaii County Economic Opportunity Council as of September 30,
1996, and the results of its operations and changes in net assets for the year ended September
30, 1996 in ~onformity with generally accepted accoUnting principles.
My audit was made for the purpose of fonning an opinion on the basic financial statements of
the Hawaii County Economic Opportunity Council taken as a whole. The accompanying
Schedule of Federal Awards is presented for purposes of additional analysis and is not a required
part of the basic financial statements. The infonnation in that schedule has been subjected to,
the auditing procedures applied in the audit of the basic financial statements and, in ,my opinion,
is fairly presented, in all material respects in relation to the basic financial statements taken as
a whole.
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July 30, 1997
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
statements of Financial Position
September 30, 1996 and 1995
1996
Assets
Current assets:
Cash
Cash-designated
Grant receivables from
governmental agencies
Other receivables
Prepaid expenses
- Total current assets
1995
Property and Equipment:
Vehicles
Furniture and equipment
Building
Leasehold improvements
Land
$ 22,822
154 271
347,843 658,362
104,654 73,897
93.021 - 97.762
~68,494 830,292
1,335,283 1,202,090
46<',836 427-,967
77,800 77,800
2,532,836 2,284,836
35.000 35.000
4,441,755 4,027,693
(1.267,690) (1.130.697)
3,174,065 2,896,996
24.561 24,723
. .,
3,767,120 3,752,011
Accumulated depreciation
Total property and equipment
Security deposits
Total Assets
Liabilities and Net Assets
Current liabilities:
Accounts payable
Accrued liabilities
Due to grantors
Notes payable to banks
Deferred revenue
195,413 129,722
224,020 244,750
27,840 7,051
36,030 41,825
111,205 159,767
594,508 583,115
3,172,612 2,918,896
250,000
3.172,612 3,168,896
$3,767,120 3,752,011
Total current liabilities
Net assets, as restated:
Unrestricted
Temporarily restricted
Total net assets
Total Liabilities and Net Assets
See accompanying notes to financial statements
2
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
statements of Activities
Year ended September 30, 1996
with comparative ,totals for the year ended September 30, 1995
Unrestricted
Temporarily
Restricted
Total All Funds
1996 1995
Public Support
and Revenues:
Public support:
Federal grants $
state grants
County grants
Foundation ~
In-kind contributions
Revenues:
Program income
Medicaid/Medicare
Other income
Gain (loss) on
sale of assets
Net assets rel~ased
from restrictions:
Satisfied 'by payments
Total public support
and revenue
2,620,863
1,164,368
359,619
8,Q90
294,477
566,038
198,719
78,258
17,450
2,620,863
1,164,368
-359,619
8,090
294,477
566,038
198,719
78',258
17,450
250,000
(250,000)
5,557,882
(250~'b00)
5,307,882 7,715,942
Expenses:
Program services
Supporting services
Total expenses
4,619,446
684;720
5,304,166
4,619,446
684,720
5,304,166
253,716
(250,'000 )
3,716 2,378,892
Change in net assets
Net assets, beginning
of year
2,918,896
250,000
3,168,8-96
Net assets~ end of year $ 3,172,612
3,172,612
See accom~anying notes to financial statements.
3
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2,363,475
3,958,158
475,852
396,048
389,738
67,187
71,697
(6,213)
4,603,093
733,957
5,337,050
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
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statement of Functional Expenses
Year ended September 30, 1996
with comparative totals for the year ended September 30, 1995
~
Salaries and wages
Fringe benefits
Payroll taxes
Materials and supplies
Contractual services
In-kind expenses
Vehicle expenses
Travel
Conference and
meetings
Telephone
Equipment rental and
maintenance
Insurance
Occupancy
Printing and
publications
Postage
Other
Total expenses
before depreciation
Depreciation expense
Total expenses
Program
Services
$ 1,878,585
516,572
204,241
578,904
239,283
294,477
224,177
35,225
13,459
,32,905
14,034
110,442
99,557
23,535
6,379
193.228
4,465,003
154.443
$ 4.619.446
Supporting
Services
410,264
112,780
44,591
30,469
12,594
11,799
7,690
2,938
7,184 .
1,559
5,813
21,735
5,1.38
1,393
8.773
684,7fO
684.720
See accompanying notes to financial statements
4
Total
1996 1995
2,288,849
629,352
248,832
609,373
251,877
294,477
235,976
42,915
16,397
40,089
15,593
116,255
121,292
28,673
7,772
202.001
2,423,877
647,221
252,223
449,884
212,163
396,048
230,073
63,644
21,818
32,780
13,412
113,116
90,696
33,346
6,412
153.756
5,149,723 5,140,469
154.443
196,581
5.304.166 5.337,050
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
statement of Cash Flows
Year ended September 30, 1996
Cash flows from operating activities:
Decrease in net assets,
Adjustments to reconcile change in net assets to net
o cash provided by operating activities:
Depreciation
, Recognized gain
Noncash contribution, vehicle
Decrease in receivables
Decrease in prepaids and deposits
Increase in accounts payable and acc~ued-liabilities
Decrease in deferred revenue
Net cash used by financing activities
Cash flows from investing activities:
Purchases of property and equipment
Cash proceeds on sale of assets
Net cash used by investing activities
Net increase in cash
...
$ 3,716
154',443
(17,450)
(38,495)
297,762
4,903'
65,750
(48.562)
422.067
7,025
(12.820)
(5.795)
(411,017)
17.450
(393.567)
22,705
271
~ 22.976
Net cash provided by operating activities
Cash flows from financing activities:
Bank loan proceeds
,Loan repayments
Cash at b~ginning of year
Cash at end of year
Suoolemental Disclosure of Cash Flow Information
There were no noncash financing or investing activities for the Y,ear ended
September 30, 1996.
See accompanying notes to financial statements
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Notes to Financial statements
September 30, 1996
(1) Orcranization and Summary of Sianificant Accountina Policies
Orcranization
The Hawaii County Economic Opportunity Council (HCEOC) was
incorporated in the 'State of Hawaii on May 27, 1965. MCEOC
is a Community Action Agency that provides services for low-
income, elderly and handicapped individuals in Hawaii County.
The operations of MCEOC are funded primarily through grants
and contracts from federal, state and county governmental
agencies. These grarics-and contracts comprise. approximately
78 percent of HCEOC's total support and revenue.
Basis of Accountincr
The financial statements have been prep4red on the accrual
basis of accounting in accordance wi th the AICPA indu.stry
audit gUide "Not-For-Profit Organizations.
Financial Statement Presentation
For the year ended September 30, 1996, HCEOC has adopted
Statement of Financial Accounting Standards (SFAS) No. 117,
"Financial Statements Not-For-Profit Organizations". Under
SFAS No. 117, HCEOC is required to report information
regarding its financial position and activities according to
three classes of net assets: unrestricted net assets,
temporarily restricted net assets, and permanently restricted
net assets. In addition, HCEOC is required to present a
statement of cash flows. In accordance with this statement,
HCEOC has reclassified its financial statements to present the
three classes of net assets required. This reclassification
had no effect on the change in net assets for 1996.
Prooertv and Eauioment
Land and building consist of property contributed to HCEOC.
The property has been recorded at fair value based on the
assessed value for real property tax purpose.
Leasehold improvements include the cost of the newly
constructed human services complex that serves as the MCEOC
main facility.
Vehicles and equipment are stated at cost at the date of
acquisition or at fair market value at the time of donation.
Major renewals and betterments are included in the equipment
fund while repairs and maintenance which do not improve or
extend the lives of assets are charged to expense.
6
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Notes to Financial statements, cont~nued.
Depreciation on all property and equipment is calculated by on
the straight-line basis over the estimated useful lives of the'
respective assets.
Deferred Grant Revenue
The HCEOC received cash payments in advance of incurred
expenses for certain programs funded by governmental sources.
These advance payments are reflected as deferred revenue in
the accompanying financial statements.
Contributions
The HCEOC adopted SFAS No. 116, "Accounting for Contributions
Received and Contributions Made", for the year ending
September 30, 1996. In accordance with' SFAS No. 116,
contributions received' are recorded as unrestricted,
temporarily restricted, or permanently restricted support,
depending on the existence and/or nature of any donor
restrictions. The effect of adopting SFAS No. 116 has
resulted in the restatement of the ending net assets as of
September 30, 1995. The increase of-$250,000 in temporarily,
restricted net assets represents the commitment of'CIPfunds,
by the State of Hawaii, for completion costs related to the
human seryices complex.
0"
Income Taxes
HCEOC is classified as a tax-exempt organization under Section
501 (c) (3) of the Internal Revenue Code .and is exempt from
Federal and'State income taxes.
Contributed Services
Contributed services do not meet the criteria set fort~ in
SFAS No. 116 for recognition in the financial statements and,
therefore have not been recorded. However, a number of
volunteers have donated ,their time to the Head Start program
and an estimate of the value of these donated hours are
reported to the Department of Human Services to be included in
HCEOC's 20% matching fund requirement for federal Head 'Start
funds.
Comparative Financial Information
The information shown for 1995 in the accompanying financial
statements is included to provide a basis for comparison with
1996 and represents summarized totals,only.
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Notes to Financial statements, Continued
Estimates'
The preparation of financial statements in conformity with
generally accepted accounting principles requires management
to make estimates and assumptions that affect the reported
amounts of assets and liabilities and disclosure of contingent
assets and liabilities at the date of the financial statements
and the reported amounts of revenue and expenses during the
reporting period. Actual results could differ from those
estimates.
(2) Notes Payable to Banks
HCEOe has a line of credit with Bank of Hawaii of $60,000
for working capital purposes. Advances under this line are
available through 90 day notes, with principal and interest
due at maturity. Interest is computed at 1.5 percent over- the
bank's base rate. At September 30, 1996, MCEoe had no
outstanding advances under this line of credit.
MCEoe note payable to the Bank of Hawaii, taken out in
1995 to cover construction overrun costs associated with the
main facility, has a principal balance of $26,102 at September
30, 1996. The loan has a maturity date of March 1, 1997 with
an interest rate of 11.0 percent.
MeEOe also has two notes payable to Central Pacific Bank with
balances of $2,928 and $7,000 at September 30, 1996. These
notes bear interest rates of 10.5 and 11.0 percent mature on
October 2, 1996 and November 18, 1996 respectively.
(3) Pension Plan
HCEOC has a non-contributory defined contribution pension plan
covering most of the full time personnel. Employee
eligibility to participate is based on age and length of
service requirements. The annual contribution to the plan is
based on 7 percent of employee compensation. Pension expense
was $145,502 for the year ended September 30, 1996.
(4) Lease Obliaations
HCEOC entered into a 55 year lease commitment with the
Department of Land and Natural Resources beginning June 24,
1994 for the property on which the new human services complex
has since been constructed. The lease calls for an annual
rental fee of $8,348 through June 23, 2014 at which time the
fee will be renegotiated.
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Notes to Financial statements, Continued
( 5)
Caoital Imorovements proiect
The HeEOC contracted to 'construct a human services' complex
that houses approximately twenty programs on a portion of a
parcel of land situated at Piihonua, South Hilo, Hawaii,
designated by Tax Map Key No. 2-3-32:1.
This project involyed the' lease of state land for 'relocation
of HCEOC's facilities to its new site in 1995. In fiscal year
1995 the state of Hawaii released $2.25 million, as a grant-
irt-aid, of' the $2.5 'million appropriated by the 1993
legislature for construction of the complex. Construction
began in November 1994 and was completed one year later at
which time the final $250,000 ,was released for final costs.
(6) Donated Facilities and Services
HCEOC used administrative offices and classroom facilities
free of charge at several 19cations. The use of such
facilities were recorded on the ,financial statements based on
the estimated annual rental value of such facilities. HCEOC
also received transportation services from the County of
Hawaii for children enrolled in ,the Head Start Program. The
value of th'is service was estimated at $6 per child per round,
trip. '
." '
A summary of in-kind contributions and expenses for the year
ended September 30, '1996 is as follows:
~ead Start Program:
Rental 'value of donated facilities
Transportation
Total in-kind contributions and expenses
(7) eash Desiana~ed
The '$154 which is' being held in an escrow account at, the
Central Pacific Bank represents the residual interest on funds
which were appropriated by the State Legislature' under Act 174
specifically for low interest loans for self-help home
construction ~n Hawaiian Homes lands on the island of Hawaii
in panaewa and Keaukaha. Section 4 of Act 174 provided that
these' moneys be disbursed to HCEOC, the organization
, responsible for overseeing the self-help 'construction
projects. HCEOe is liable,to the Department of 'Hawaiian Home
Lands (DHHL) for the appropriated funds until 'the lessees
assume their respective loans from DHHL.
9
$-128,187
166.290
I 294,477
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HnwnII COUNTY ECONOMIC OPPORTUNITY COUNCIL
. Schedule of Federal nwards
For the Year Ended September 30, 1996
nssistance
Federal
CFDA
Number
Major Proqrams and Other Federal
.
Federal Grantor/Pass-through
Grantor/Program Title
Department of Health
and Human Services
Direct Pr-ogr-ams:
Head Start
Demonstration Partnership Program
Home Improvement pr-ogr-am for
Low-Income Homeowners
Passed through State of Hawaii
Office of Community Services:
Community Services Block Grant
Community Food & Nutrition Pr-ogram
.
Passed through County of Hawaii
Office of Housing and Community
Development
Housing Preservation Grant
Office of Aging
Nutr-ition Transportation Federal
Title III Funds
.;1
Department of Energy
Passed thr-ough State of Hawaii
Office of Community Services:
Weatherization Assistance Program
for Low-Income Persons
Total expenditures of Federal Funds
carried forwar-d
.
93.600
93.573
93.570
93.569
93.571
93.044
81.042
81.042
10
Grantors Number Expenditur-es
N/A $ 1,551,760
N/A 152,842
N/A 211,925
POS 95-61
POS 96-56
344,750
16,603
POS "96024
116,445
HCOA:0342s
6,750
POS 97-33
POS 95-74
5,129
49,255
$ 2.455.459
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HAwnII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Schedule of Federal Awards, Continued
Federal Grantor/Pass7through
Grantor/Program Title
Total expenditures of federal
funds, carried forward
, ,
Department of Agriculture
Direct Programs:
National School Lunch Program
Department of Transportation
Passed through :State of Hawaii
Department of Transportation
Federal Transportation Admin. Grant
Department of Labor
Passed through State of Hawaii
Department of Labor and
Industrial Relations I
Job Training Partnership Act
Seasonal Program
Department of Health and Human
Services
Passed through State of Hawaii
Department of Human Services:
Low Income Home Energy
nss1stance Program
Total expenditures
of federal funds
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"e
Federal
CFDA
Number Grantors Number Expenditures
$ 2,455,459 .
10.555 N/l\ 108,947
81-16-,0022
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17.246-50
P53-402-015
N/A '
96-Fl\SD-5329
11
38,495
1,538
.
16.424
$2.620.863
~
~iNNlFER 1. GOSSE~
CERTIAEO PuBLIC ACCOUNTANT
An Accountlna Corporation
. " .,
688 Kinoolc Succt, SUltc 201 · HLlo, HawaIi 96720 · Phonc (808) 969.3115 Fax (808) 969.746.3
Independent Auditors' Report on the Internal' Control Structure
Based on an Audit of Financial Statements
Performed in Accordance with Goverrunent Auditin~ Standards
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon dated July 30.
1997.
~
I conducted my audit in accordance with generally accepted auditing standards and Government
Auditini Standards, issued by the Comptroller General of the United States, and the provisions
of Office of Management and Budget (OMB) Circular A-I33, "Audits of Institutions of Higher
Education and Other Nonprofit Institutions". Those standards and OMB Circular A-I33 require
that I plan and perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement.
The management of Hawaii County Economic Opportunity Council is responsible for
establishing and maintaining an internal control structure. In fulfilling this responsibility,
estimates and judgments by management are required to assess.the expected benefits and related
costs of internal control structure policies and procedures. The objectives of an internal control
structure are to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, and tPat transactions are executed
in accordance with management's authorization and recorded properly to permit the preparation
of financial statements in accordance with generally accepted accounting principles. Because of
inherent limitations in any internal control structure, errors or irregularities may nevertheless
occur and not be detected. Also, projection of any evaluation of the structure to future periods
is subject to the risk that procedures may become inadequate because of changes in conditions
or that the effectiveness of the design and operation of policies and procedures may deteriorate.
In planning and performing my audit of the financial statements of Hawaii County Economic
Opportunity Council for the year ended September 30, 1996, I obtained an understanding of the
internal control structure. With respect to the internal control structure, I obtained an
understanding of the design of relevant policies and procedures and whether they have been
placed in operation. and I assessed risk in order to determine my auditing procedures for: the
purpose of expressing my opinion on the financial statements and not to provide an opinion on
the internal control structure. Accordingly, I do not express such an opinion.
12
My consideration of the internal control structure would not~necessarily disclose all matters in
the internal control structure that might be material weaknesses under standards established by
the American Institute of Certified Public Accountants. A material weakness is a condition in
which the design or operation of one or more of the internal control elements does .not reduce
to a relatively low level the risk that errors or irregularities in amounts that would be material
in relation to the financial statements being audited may occur and not be detected within a
timely period by employees in the normal course of perfonning their assigned functions. I noted
no matters involving the internal control structure and its operation that I consider to be material
weaknesses as defined above. '
This report is.intended for the information of the board of directors and management of Hawaii
County 'Economic Opportunity Council and the Department of Health and Human Services.
However. this report is a matter of public record and its distn"bution is not limited.
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July 30. 1997
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JENNIFER L. GOSSERl
CERTIFIED PuBLIC ACCOUNTANT
t ~ ..
An Ac:countln. Corporation
688 l<inoole Sueet. Suite 201 · Hila. Hawaii 96720 · Phone (808) 969.311; Fax (808) 969.1463
Independent Auditors' Report on Internal- Controls
Structure Used in Administering Federal Awards
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon dated July 30,
1997. I have also audited the compliance of Hawaii County Economic Opportunity Council with
requirements applicable to major federal award programs and have issued my report thereon
dated July 30, 1997.
I conducted my audit in accordance with generally accepted auditing standards, Government
Auditing Standards, issued by the Comptroller General of the United States, and Office of
Management and Budget (Ol\tfB) Circular A-133, "Audits of Institutions of Higher Education and
, Other Nonprofit Orga.mzations". Those standards and OMB Circular A-133 require that I plan
and perform the audit to obtain reasonable assurance about whether the financial statements are
free of material misstatement and about whether Hawaii County Economic Opportunity Council
complied with laws and regulations, noncompliance with wliich would be material to a major
federal award program.
In planning and performing my audit for the year ended Sept~ber 30, 1996, I considered the
internal control structure of Hawaii County Economic Opportunity Council in order to determine
my auditing procedures for the purpose of expressing an opinion on the financial statements and
on its compliance with requirements applicable to major programs and to report on the internal
control structure in accordance with OMB Circular A-133. 'This report addresses my
consideration of internal control structure policies and procedures relevant to compliance with
requirements applicable to federal award programs. I have addressed internal control structure
policies and procedures relevant to my audit of the financial statements in a separate report date
July 30. 1997.
The management of Hawaii County Economic Opportunity Council is responsible for
establishing and maintaining an internal control structure. In fulfilling this responsibility.
estimates and judgments by management are required to assess the expected benefits and related
costs of internal control structure policies and procedures. The objectives of an internal control
structure are to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, that transactions are executed in
accordance with management's authorization and recorded properly to permit the preparation of
financial statements in accordance with generally accepted accounting principles. and that federal
financial assistance programs are managed in compliance with applicable laws and regulations.
14
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Because of inherent limitations in any internal control structure, errors. irregularities, or
instances of noncompliance may nevertheless occur and not be detected. Also, projectio~ of any
evaluation of the structure to future periods is subject to the risk that procedures may become
inadequate because of changes in conditions or that the effectiveness of the design and operation
of policies and procedures may deteriorate.
For the purpose of this report, I h~ve classified the significant internal control structure policies
and procedures in the foll:6wing categories: ' ,
Support, receivables and receipts
Expenses for program and accounts payable
Payroll and related liabilities
Government financial assistance programs
Property and equipment acquisitions and 'dispositions
Debt and related liabilities
General requirements
Political activity
Civil rights
Cash management,
Federal financial reports
Allowable costs/cost principles
Drug-free workplace
Adrnbtistrative requirements
Specific requirements
Types of services allowed or not allowed
Eli 'bility
" 81
Matching, level of effort or earmarking
Reporting
...
For all of the internal control structure categories listed above, I obtained. an understllnding of
the design of relevant policies and procedures and determined whether they have been placed
in operation, and I assessed control risk.
During the year ended September 30, 1996, Hawaii County Economic Opportunity CoUncil
expended 95 ,petcent of its total federal financial assistance under major federal award programs.
I performed tests of controls. as required by OMB Circular A-133, to evaluate the effectiveness
of the design and operation of intemal control structure policies and procedures that I considered
relevant to preventing or detecting material noncompliance with specific requirements, general
requirements. and requirements governing claims for advances and reimbursements and amounts
claimed or used for matching that are applicab~e to each of the Council's major federal award
programs, which are identified in the accompanying Schedule of Federal Awards. My
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procedures were less in scope than would be necessary to render an opinion on these internal
control structure policies and procedures. Accordingly, I do not express such an opinion.
My consideration of the internal control policies and procedures used in admini~ering federal
awards would not necessarily disclose all matters in the internal control structure that might
constitute material weaknesses under standards established by the American Institute of Certified
Public Accountants. A material weakness is a reportable condition in which the design or
operation of one or more of the internal control structure elements does not reduce to a relatively
low level the risk that noncompliance with laws and regulations that would be material to a
federal award program may occur and not be detected within a timely period by employees in
the normal course of perfonning their assigned functions. I noted no matters involving the
internal control structure and its operations that I consider to be material weaknesses as defined
above.
This report is intended for the information of the board of directors and management of Hawaii
County Economic Opportunity Council and the Department of Health and Human Services.
However, this report is a matter of public record, and its distribqtion is not timi~.
~
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July 30. 1997
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16
J iNNlFER L. GOSSER".L
CERTIflED PuBLIC ACCOUNTANT
AA Ac:countlna Corporation
688 I.<inoole Street, Suite 201 · Hila, Hawaii 96720 · Phone (808) 969.3115 Fax (808) 969.1463
Independent Auditors' Report on Compliance Based
on an Audit of Financial Statements
Performed in Accordance with Government' Auditini Standards
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the, year ended September 30, 1996, and have issued my report thereon dated July 30,
1997."
I conducted my audit in accordance with generally accepted auditing standards; Government
Auditing Standards, issued by the Comptroller General of the United States, and the provisions
of Office of Management and Budget (OMB) Circular A-I33, "Audits of Institutions of Higher
Education and Other Nonprofit Organizations". Those standards and OMB Circular A-I33
require that I plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free of material misstatement. '
Compliance with laws, regulations, contracts and grants applicable to Hawaii County Economic
Opportunity Council is the responsibility of Hawaii County Ebonomic Opportunity Council's
management. As part of obtaWng reasonable assurance ,about whether the financial statements
are free of material misstatement, I performed tests of Hawaii County Economic Opportunity
Council's compliance with certain provisions of laws, regulatipDS, contracts and grants.
However, the objective of my audit of the financial statements was not to provide an opinion on
overall compliance with such provisions. Accordingly, I do not express such an opinion.
The results of my tests disclosed no instances of noncompliance that are required to be reported
under Government Auditini Standards. '
I noted no immaterial instances of noncompliance.
This report is intended' for ~ information of the board of directors and management of Hawaii
Co~ty Economic Opportunity Council and the Department of Health and Human Services.
However, this report is a matte of public record and its distribution is not limited. '
~~~~
July 30, 1997
..
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~
~ ~NNlFER 1. GOSSE'
CERTIAED PuBLIC ACCOUNTANT
" 1 ,
,.
..,..
An AccounCtni Corporation
688 KU\oole Street, SUite 201 · Hilo. Hawau 96720 · Phone (808l 969.3l1S Fax (808l 969.7463 ,
Independent Auditors' Report on Compliance
with Specific Requirements Applicable to
Major Federal Financial Award Pro~s
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon dated July 30,
1997.
I have also audited Hawaii County Economic Opportunity Council's compliance with the
requirements governing types of services allowed or unallowed; eligibility; matching, level of
effort, or earmarking; reporting; claims for advances and reimbursements; and amotmts claimed
or used for matching that are applicable to each of its major federal award programs, 'which are
identified in the accompanying Schedule of Federal Awards, for the year ended September 30,
1996. The management of Hawaii County Economic Opportunity Council is responsible for the
Council's compliance with those requirements. My responsibility is to express an opinion on
compliance with those requirements based on my audit.
.
I conducted my audit in accordance with generally accepted auditing standards; Government
Auditing Standards, issued by the Comptroller General of the United States and the provisions
of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher
Education and Other Nonprofit Organizations". Those standUds and OMB Circular A-l33
require that I plan and perform the audit to obtain reasonable assurance about whether material
noncompliance with the requirements referred to in the second paragraph occurred. An audit
includes examining, on a test basis, evidence about the Coun~l's compliance with those
requirements. I believe that my audit provides a reasonable basis for my opinion.
The results of my audit procedures did not disclose any immaterial instances of noncompliance
with the requirements referred to in the second paragraph.
In my opinion, Hawaii County Economic Opportunity Council complied, in all material respects,
with the specific requirements referred to in the second paragraph that are applicable to each of
its major federal programs for the year ended September 30, 1996.
This report is intended for the information of the board of directors and management of Hawaii
County Economic Opportunity Council and the Department of Health and Human Services.
However. this report is a matter of public record and its distribution is not limited.
~~- ~~ --%21 :---
July 30. 1997
18
- ',NNlFER ,L. GOSSER::
.,
CERTIFIED PuBuc ACCOUNTANT
An Accountlna Corporation
688 Kinoole Street, Suite 201 · Hilo, Hawaii 96720 · Phone (S08) 969.3115 Fax (808) 969.7463
Independent Auditors' Report on Compliance
with the General Requirements Applicab,le to
Federal Award Propms
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited. the financial ~tements of Hawaii County EcOnomic Opportunity Council as of
and for the year ended September 30, 1996. and have issued my report thereon dated July 30.
1997.
I have applied procedures to test Hawaii County Economic Opportunity CO\D1cil's compliance
with the following requirements applicable its federal awards programs. which are identified in
the accompanying Schedule of Federal Awards, for the year ended September 30, 1996:
. political activity, civil rights, cash management, federal financial reports, allowable costs/cost
p~ciples, drug-(ree 'workplace, and administrative requirements.
My procedures were limited. to the applicable prOcedures described in the Office of Management
and B~dget's 1,'Compliance Supplement for Single Audits of Educational Institutions and Other
Nonprofit Organizations". My procedures were substantially less in scope than an audit, the
objective of which, is the eXpression of an opinion of Hawaii-County Economic Opportunity ,
Council's compliance with the requirements listed in the pfP-i"Mi"g pax:agraph. Accordingly, I
do not express such an opinion. <
, ,
With lespect to the items tested. the results of those procedures disClosed no material instances
oJ noncompliance with the requirements listed in the second paragraph of this report. With
respect to items not tested, nothing came to my attention that caused me to believe that Hawaii
County Economic Opportunity Council had not complied in all material respects, with those
requirements. Also, the results of my procedures did riot disclose any immaterial instances of ,
noncompliance with those requirements.
This report is intended for the information of the board of directors and management of Hawaii '
County Economic OpportUnity Council and the Department of Health and Human Services.
However, this report is a matter, of public record and its distribution is not limited.
~~- ~~~ ~.
July 30, 1997
19
J~
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If'
"
!NNIFER 1. GOSSER'
CERl1AED PuaLlC ACCOUNTA~'T
An Ac.c;ountll\l Corporation
",
. . If
ftb ,. -
688 Klt\oole Street, Suite 201 · HlIo, Hawaii 96720 · Phone (808) 969.3115 Fax (808) 969.7463
Independent Auditors' Report on Compliance
with Specific Requirements Applicable to Nonmajor
Federal Awards Proif3II1 Transactions
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon date July 30,
1997.
In connection with my audit of the financial statements of Hawaii County Economic Opportunity
Council, and with my consideration of the Council's internal control structure used to administer
federal awards programs, as required by Office of Management and Budget (OMB) Circular A-
133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations", I selected
certain transactions applicable to certain nonmajor federal financial assistance programs for the
year ended September 30, 1996.
As required by OMB Circular A-133, I have performed auditiI}g procedures to test compliance
with the requirements governing types of services allowed or Unallowed and eligibility that are
applicable to those transactions. My procedures were substantially less in scope than an audit,
the objective of which is the expression of an opinion on the Organization's compliance with
these requirements. Accordingly, I do not express such an opinion.
With respect to the items tested, the results of those procedures disclosed no material instances
of noncompliance with the requirements listed in the preceding paragraph. With respect to items
not tested, nothing came to my attention that caused me to believe that Hawaii County Economic
Opportunity Council had not complied in all material respects, with those requirements. Also,
the results of my procedures did not disclose any immaterial instances of noncompliance with the requirements.
This report is intended for the information of the board of directors and management of Hawaii
County Economic Opportunity Council and the Department of Health and Human Services.
However, this report is a matter of public record and its distribution is not limited.
'~~~~
July 30, 1997
20