HomeMy WebLinkAboutCOM 1036.000 2012-2014 Nancy E. Crawford
William P. Kenoi �:. \yl�i;,�i'� '•
Mayor .:Il�•lt �!�/, Director
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Deanna S. Sako
• r4 ;••ps. Deputy Director
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County of Hawaii
Finance Department c=,�
25 Aupuni Street, Suite 2103 • Hilo,Hawai`i 96720 c�
(808)961-8234 • Fax(808)961-8569
September 12, 2014
J Yoshimoto,Council Chair and
Members of the Hawai`i County Council
Hawai`i County Council
as
25 Aupuni Street
Hilo, Hawaii 96720
Re: Operating Budget
The State Department of Transportation Public Affairs - Safe Community Program is providing
an additional funding of$7,630 to the Hawaii County Police Department's Distracted Driving
program. The grant funds will be used to allow the Hawaii County Police Department to reduce
the number of drivers using an electronic mobile device while operating a motor vehicle and
increase the number of electronic mobile device citations. In the current fiscal year's budget,
$49,800 was appropriated in anticipation of this grant.
Enclosed is a bill for an ordinance amending the Operating Budget by appropriating the
additional funds into the Distracted Driving program account and bringing the total grant
appropriation to $57,430.
If there are any questions, please do not hesitate to call Sergeant Robert Pauole of the Police
Department at 961-2305.
1A.94,1 F ,
Nancy Craw ord
Director of Finance
Enc.
cc: Police
Kalt ac6s
Comm. No. • 4
Ref. To: =1 _ w G
Ref. Date P •5 201
Hawaii County is an Equal Opportunity Provider and Employer
Form #: B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Police DATE: 8/26/2014
STAFF CONTACT: Sergeant Robert Pauole PHONE: 961-2305
A. REQUEST:
To appropriate an additional $7,630.00 to reduce the number of drivers using an electronic mobile device
while operating a motor vehicle and increase the number of electronic mobile device citations.
010.201.5216.41.115, 3308.73
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The State Department of Transportation Public Affairs-Safe Community Program is providing additional
funds under the Distracted Driving grant to allow Hawaii County Police Department to reduce the number of
drivers using an electronic mobile device while operating a motor vehicle and increase the number of
electronic mobile device citations.
SIGNED: DATE: AUG 2 $ 2014
Dep7rtment Head
GRANT SUMMARY
(Supplement to B-52,Request for Council Action)
Type of Grant Appropriation being requested: (New or an additional appropriation)
n New (for this fiscal year period). OR M Additional appropriation(to an existing grant);
n Yes n No Council? 171 Yes n No
Name of Grant Program: HCPD Distractive Driving
Grantor: State Department of Transportation Safe Community Program
County Grantee Department or Agency: Police Department
County Grantee Contact Person: Sergeant Robert Pauole Phone Number: 961-2305
Amount of Grant: $57,430.00
Grant Period(Commencement & Completion): October 1, 2014 - September 30, 2015
Purpose of Grant: To reduce the number of drivers using an electronic mobile device while operating
a motor vehicle and increase the number of electronic mobile device citaitons.
County Match required?: ❑ Yes ® No
If yes, Matching Amount? Budgeted in account# :
In-kind? Explain:
Explanation:
County's personnel requirements: Amount of new position(s)?
Qty: Permanent: I Temporary: I, Duration:
Full-time: n Part-time: n, Time Element:
Qty: Contractual: n Explain:
Explanation:
Additional Comments about Grant: To reduce the number of drivers using an electronic mobile device
while operating a motor vehicle and increase the number of electronic mobile device citaitons.
To appropriate an additional $7,630.00 for the Distracted Driving Grant under account number
010.201.5216.41 and revenue account 3308.73
B-52 Grant Summary Form
EXHIBIT I
STATE OF HAWAII
HIGHWAY SAFETY PROJECT GRANT AGREEMENT
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT
Grant No:
Page 1 (To be completed by applicant agency)
1. Grant Title
Hawai i Police Department Distracted Driving Grant
2. Name and Address of Applicant Agency 4. Duration
Hawai'i Police Department Month—Day—Year
349 Kapi`olani St.
Hilo,HI. 96720 A. Grant Period
From: 10/01/2014
To: 09/30/2015
3. Agency Unit to Handle Grant(Name and Address) B. Project Period
From: 10/01/2014
Hawaii Police Department To: 09/30/2015
349 Kapi`olani St.
Hilo, Hawai'i 96720
5. Location of Project 6a. Type of Application
(Check Appropriate Item)
Hawaii Police Department X_Initial Revision _Continuation
349 Kapi`olani St.
Hilo,Hawai'i 96720 6b. Reimbursement Schedule Desired
Monthly _X Quarterly
7. Grant Description (Summarize the grant plan covering activities that address the major goals and objectives in
approximately 100 words. Limit to 6 lines.)
HPD will issue 400 or more MED citations HRS 291C-137(Act 74)with grant funds in Federal Fiscal Year(FFY)
2015.
8. Federal funds allocated under this agreement shall not exceed $57,430.00
9. Approval Signatures
Acceptance of Conditions: It is understood and agreed by the undersigned that a reimbursement grant received as a result of this grant agreement is subject to
Public Law 89-564(Highway Safety Act of 1966)and all administrative regulations governing grants established by the U.S.Department of Transportation
and the State of Hawaii. It is expressly agreed that this project constitutes an official part of the Hawaii Highway Safety Program and that said applicant
agency will meet the requirements as set forth herein,including accompanying schedules A,B,B-1,C&D,which are incorporated herein and made a part of
this grant agreement. Authorization to proceed with this Highway Safety Project is requested.
9a. Grant Director 9b. Authorizing Official of Agency Unit
Name: Harry S.Kubojiri Phone: Name: William P. Kenoi Phone:
Title: Police Chief Fax: Title: Mayor Fax:
Address: Address:
E-Mail. E-Mail:
iFINit AUG 2 8 2014
(Signatu e) (Date) (Signature) (Date)
To be prepared by applicant, use separate sheets as res uired. Form HS 3-71 Rev. 8/6/09
STATE OF HAWAI'I )
SS.
COUNTY OF HAWAI'I )
On ,before me personally appeared WILLIAM P. KENOI, to me
personally known, who, being by me duly sworn, did say that he is the Mayor of the County of
Hawai'i, a municipal corporation of the State of Hawai'i that the seal affixed to the foregoing
instrument is the corporate seal of said County of Hawai'i, the foregoing instrument was signed
and sealed on behalf of the County of Hawai'i by authority given to said Mayor of the County of
Hawai'i by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai'i (2010), as
amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and
deed of said County of Hawai'i.
Notary Public, State of Hawai'i
Printed Name:
My commission expires:
NOTARY CERTIFICATION STATEMENT
Document Identification or Description:
Doc. Date: n Undated at time of notarization
No. of Pages: Jurisdiction:
Signature of Notary Date of Notarization and
Certification Statement
Print Name of Notary
Signature Attachment:
Grant Title: Hawaii Police Department Distracted Driving Grant
Grantor: State Department of Transportation Motor Vehicle Safety Office
Grant Period: 10/1/2014-9/30/2015
Amount of Grant: $57,430.00
Fiscal Year: 2014-2015
APPROVED AS TO FORM AND LEGALITY:
Corporation Counsel
County of Hawaii
Date:
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT—PART II
Grant No:
Page 2 (To be completed by Highway Safety Office)
10. Grantee:
11. Standard Area: 13a. Federal Fiscal Year
12. Effective Date of Agreement: _ 13b. Addendum: Yes No
14. Benefit of: _State _County
15. Action Taken 16.Funding Disposition & Status
Fiscal Year Amount
Total $
Present Obligation $
Previously Obligated $
TOTAL FUNDS OBLIGATED $
17. Budget Summary(From Schedule B—D etailed Budget Estimate)—Fiscal Year Grant Period Ending:
Cost Category Cost Estimates
A. Personnel Costs
B. Travel Expenses
C. Contractual/Consultant Services
D. Equipment
E. Other Direct Costs
F. Indirect Costs
TOTAL FEDERAL FUNDS $
18. Grant Approval&Authorization to Expend Obligated Funds
A. Approval Recommended By B. Agreement& Funding Authorized By
(Program Area Specialist) (Highway Safety Manager)
Name: Name:
Title: Title:
Phone/E-Mail: Phone/E-Mail:
(Signature) (Date) (Signature) (Date)
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT—PART III
Grant No:
Page 3 (To be completed by Highway Safety Office)
19. Addendum (For Highway Safety Office Use Only)
EXHIBIT II
SCHEDULE A
SCHEDULE A Exhibit II
Grant No:
GRANT DESCRIPTION
Distracted driving is any non-driving activity a person engages in that has the potential to distract him or her
from the primary task of driving and increase the risk of crashing. There are three main types of distractions;
Visual-taking your eyes off the road, Manual-taking your hands off the wheel, and Cognitive-taking your mind
off what you are doing. (NHTSA)
In 2009, 5,474 people were killed on U.S. roadways and an estimated additional 448,000 were injured in
motor vehicle crashes that were reported to have involved distracted driving. (FARS and GES)
Using a cell phone while driving, whether it is hand-held or hands-free, delays a driver's reactions as much as
having a blood concentration at the legal limit of .08 percent. (Source: University of Utah)
Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure
themselves. (Source: Insurance Institute for Highway Safety)
Hawai'i County seeing that this is a growing problem nationwide added to the Hawai'i County Code, Section
24-167.1 - Use of Mobile Electronic Devices While Operating a Vehicle which took effect on January 1, 2010.
Officers Island wide issued a total of 5,292 citations for non-compliance with this law (January 1, 2010-March
19, 2013). On March 19, 2013, the State of Hawaii enacted HRS 291C-137 (Act 74) Mobile Electronic Device
(MED). Officers Island wide issued a total of 2,439 citations for non-compliance with this law (March 19,
2013-February 20, 2014). During FFY 2013 HPD issued 591 MED citations of which 477 were issued at grant
funded distracted driver checkpoints.
With the use of the funding from the Distracted Driver Grant, the Hawai'i Police Department (HPD) will
concentrate enforcement efforts on an overtime basis to reduce the number of violators using an electronic
device while operating a vehicle.
GRANT GOALS
Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a
traffic safety grant and represent an end result. Grant goals should be stated in measurable terms (i.e., a percent
reduction), be concise and deal with a specific item, be realistic with a reasonable probability of achievement, and be
related to a specific time frame (a "by"date). Please notate baseline from which the reduction/increase will result.
HPD will issue 400 or more MED citations HRS 291C-137 (Act 74) with grant funds in Federal Fiscal Year (FFY)
2015.
GRANT OBJECTIVES
Objectives are tasks or activities conducted in order to accomplish the grant goal(s) (e.g., develop permanent fitting
stations for child restraints, enforcement activities, educational activities, etc.). Grant objectives should be stated in
measurable terms (i.e., a percent reduction, number of training to be held, number of roadblocks, etc.), be concise and
deal with a specific item, be realistic with a reasonable probability of achievement, and be related to a specific time frame
(a "by"date). Please notate baseline from which the reduction/increase will result.
In addition, HPD will:
1. Conduct 150 distracted driver checkpoints island wide to enforce HRS 291C-137 (Act 74) MED
violations.
2. Issue 400 MED citations while at distracted driver checkpoints.
GRANT DESCRIPTION
3. Issue 100 seat belt and/or child restraint citations while at distracted driver checkpoints.
4. Issue 300 citations for other violations both regulatory and moving while at distracted driver
checkpoints.
5. Participating in the National Distracted Driving Awareness Month in April 2015 by increasing the
number of checkpoints during this period.
6. Conduct media campaigns and/or send educational letters to registered vehicle owners relative to
violations of HRS 291C-137 (Act 74) MED.
7. Send two (2) representatives to attend the Distracted Driver Proclamation Signing on Oahu.
METHOD OF EVALUATION
Using data gathered throughout the grant period, the grant manager will evaluate (1) how well the stated grant goals and
objectives were accomplished, and(2) was the grant cost effective? How are you going to show effectiveness of your
project? What will be the impact of the project on your identified problem and goal(s)? Provide details on the method of
evaluation.
HPD will properly record the number of grant-funded MED citations issued at checkpoints. Evaluate if HPD has
obtained the grant goal and objectives listed above.
EXHIBIT III
SCHEDULE B
SCHEDULE B Exhibit III
Page 1
Detailed Budget Estimate
Grant No:
COST CATEGORY COST ESTIMATES
A. Personnel Costs
Employee Salaries and Benefits
Position Title(s) and Full-Time/Part-Time Yearly Salary:
Supervisor--$55.00/per hour
$55.00 x 2 hours x 150 checkpoints $16,500.00
Fringe Benefit Rate: 22 % $3,630.00
Time to be spent on project: 260_ hours
Position Title(s) and Overtime Hourly Rate(s):
Officers-$50.00/per hour
$50.00 x 2 hours x 2 officers x 150 checkpoints $30,000.00
Fringe Benefit Rate: 22 % $6,600.00
Time to be spent on project: 300 hours
Category Sub-Total $56,730.00
B. Travel Expenses
In-State
Event/Conference: Distracted Driver Proclamation Signing
Air Travel: $530.00
To: _Oahu
From: _Hilo
Surface Travel: $110.00
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
SCHEDULE B Exhibit III
Page 2
Detailed Budget Estimate
Grant No:
COST CATEGORY COST ESTIMATES
Per Diem:
_1_days @ $_20.00 per day x 2 representative $40.00
Airport Parking in Hilo $20.00
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
Out-of-State
Event/Conference:
Air Travel:
To:
From:
Surface Travel:
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Per Diem:
days @ $ per day
Baggage Fee:
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
Category Sub-Total $700.00
C. Contractual/Consultant Services
Category Sub-Total
SCHEDULE B Exhibit III
Page 3
Detailed Budget Estimate
Grant No:
COST CATEGORY COST ESTIMATES
D. Equipment
Category Sub-Total
E. Other Direct Costs
Category Sub-Total
GRANT TOTAL $57,430.00
SCHEDULE B-1 Exhibit III
Grant No:
BUDGET NARRATIVE PAGE #1 of 1
Personnel Costs
Hawai'i Police Department will conduct 150 checkpoints throughout the grant period. These activities will be
conducted on an overtime basis. The checkpoints will be staffed by supervisors (Lieutenant and/or
Sergeant) and officers. Cost are estimated based on an average overtime hourly rate of $55.00 per hour for
supervisors and$50.00 per hour for officers. Average hourly rates are used because exact overtime rates vary
within the department depending on rank and years of service. Which personnel will be staffing which
is undetermined at the outset of the grant period. Hourly rates do not include fringe benefits.
Travel Expenses
Hawaii Police Department will send two representative to the Distracted Driver Proclamation Signing on Oahu
Contractual/Consultant Services
Equipment
Other Direct Costs
EXHIBIT IV
SCHEDULE C
SCHEDULE C Exhibit IV
Grant No:
MILESTONES PAGE# 1
Month Activity
October 2014-December 2014 Distracted Driving enforcement and Media
Release/Violation Letters
January 2015-March 2015 Distracted Driving enforcement and Media
Release/Violation Letters
April 2015-June 2015 Distracted Driving enforcement and Media
Release/Violation Letters. Send two representatives to the
Distracted Driver Proclamation Signing on Oahu. Increase
checkpoints during April for Distracted Driver Month.
July 2015-September 2015 Distracted Driving enforcement and Media
Release/Violation Letters
EXHIBIT V
SCHEDULE D
• SCHEDULE D Exhibit V
AGREEMENT OF UNDERSTANDING & COMPLIANCE
Grant No:
THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and through its
Director of Transportation, hereinafter referred to as"State," and the Governmental Unit named in this
application,hereinafter referred to as "Applicant."
WHEREAS, the National Highway Safety Act of 1966 (Public Law 89-564)provides Federal funds to the
STATE for approved highway safety projects, and
WHEREAS, STATE may make said funds available to various state, county or municipal agencies or
governments or political subdivisions upon application and approval by STATE and the UNITED STATES
DEPARTMENT OF TRANSPORTATION, and
WHEREAS, STATE is obligated to reimburse the UNITED STATES DEPARTMENT OF
TRANSPORTATION out of its funds for any ineligible or unauthorized expenditures for which Federal funds
have been claimed and payment received, and
WHEREAS, the above name APPLICANT has submitted an application for Federal funds for highway safety
projects.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOOD AND
VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
I. Reimbursement of Eligible Expenditures
A. It is mutually agreed and promised that upon written application by APPLICANT and approval by
STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION, STATE shall obligate
said Federal funds to APPLICANT'S account for reimbursement of eligible expenditures as set forth in
the application.
B. It is mutually agreed and promised that APPLICANT shall reimburse STATE for any
ineligible or unauthorized expenditures for which Federal funds have been claimed and payment
received as determined by a State or Federal audit. Costs are not allowable for construction,
rehabilitation, remodeling, or for office furnishings and fixtures - for State, local or private buildings or
structures. The following are examples of items considered as furnishings or fixtures, for which
reimbursement is not eligible:
Desks Credenzas Storage Cabinets
Chairs Bookcases Portable Partitions
Tables Filing Cabinets Pictures, Wall Clocks
Shelving Floor Coverings Draperies
Coat Racks Office Planters Fixed Lighting/Lamps
C. It is further agreed and promised that where reimbursement is made to APPLICANT in installments, STATE
shall have the right to withhold any installments to make up reimbursement received for any ineligible or
unauthorized expenditures until such time as the ineligible claim is made up or corrected by APPLICANT.
II. Property Agreement
A. It is mutually agreed and promised that the APPLICANT shall immediately notify the STATE if any
equipment purchased under this project ceases to be used in the manner as set forth by the project
agreement. In such event, APPLICANT further agrees to either give credit to the project cost or to
another active Highway Safety project for the residual value of such equipment in an amount to be
determined by the STATE, or to transfer or otherwise dispose of such equipment as directed by STATE.
B. It is mutually agreed and promised by the APPLICANT that no purchased equipment under this project
will be conveyed, sold, salvaged, transferred, etc. without the express written approval of the STATE.
C. It is mutually agreed and promised that the APPLICANT shall maintain or cause to be maintained for its
useful life, any equipment purchased under this project.
III. Application of Hatch Act
A. It is mutually agreed and promised that the APPLICANT shall notify all employees of the APPLICANT,
whose principal employment is in connection with any Highway Safety project, financed in whole or in
part by loans or grants under the Highway Safety Act of 1966, of the provisions of Section 12 (a) of the
Hatch Act [5 U.S.C. 118K(a)].
IV. Equal Opportunity
A. It is mutually agreed and promised that pursuant to the requirements of Section 22 (a) of the Federal-Aid
Highway Act of 1968, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age
Discrimination Act of 1975, the APPLICANT, as a condition to receiving approval of this application
submitted under the Highway Safety Act of 1966, hereby gives its assurance that employment in
connection with the subject Highway Safety Program project will be provided without regard to race,
color, creed, sex, handicap, age, or national origin. The APPLICANT further agrees that, as a condition
to receiving approval of this application, it will be subject to, and will comply with, Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 (hereinafter referred to as the Act), and all
applicable requirements pursuant to the Regulations of the Department of Commerce (Title 15, Code of
Federal Regulations, Part 8, which have been adopted by the Department of Transportation, and
hereinafter referred to as the Regulations), to the end that, in accordance with the Act and the
Regulations, no person in the United States shall on the ground of race, color, creed, sex, handicap, age,
or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under the subject Highway Safety Program or project.
B. It is mutually agreed and promised that if the APPLICANT fails or refuses to comply with its
undertaking as set forth in these provisions, the STATE of the UNITED STATES DEPARTMENT OF
TRANSPORTATION may take any or all of these following actions.
(1) Cancel,terminate, or suspend in whole or in part the agreement, contract, or other arrangement with
respect to which the failure or refusal occurred; and
(2) Refrain from extending any further Federal financial assistance to the applicant agency under the
program with respect to which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from the applicant agency.
V. Non-duplication of Grant Fund Expenditures
A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed projects under
agreement with any other Federal fund source which duplicate or overlap any work contemplated or
described in this project.
B. It is mutually agreed and promised that the APPLICANT will either revise this project or revise any
pending or proposed request for other Federal grant funds which would duplicate or overlap work under
this project to exclude any such duplication of grant fund expenditures.
C. It is further mutually agreed and understood that the APPLICANT shall reimburse the STATE OF
HAWAII for any such duplicate expenditures for which Federal grant funds have been claimed and
payment received as determined by State or Federal audit.
VI. Project Income and Applicable Credits
A. It is mutually agreed and understood that the APPLICANT shall apply all proceeds or credits generated
under the project, such as but not restricted to: The sale of real or personal property royalties received
from copyrights and patents, sale of publications or from personal or incidental services, to the project in
accordance with OMB Circular A-87 (FMC 74-7) or A-21, as applicable and NHTSA/FHWA Order
460-4/7510.1.
VII. Copyrights and Patents
A. It is mutually agreed that any copyrightable materials produced in the course of a project may be the
property of the State or applicant agency; however, provisions should be made to obtain for the United
States Government,the State Governments and their political subdivisions a royalty-free nonexclusive,
and irrevocable license to use in any manner such copyrightable material.
B. It is mutually agreed that the ownership of all rights accruing from any patentable discoveries or
inventions resulting from a project should be covered in the agreement. An irrevocable, nonexclusive,
nontransferable, and royalty-free license to practice each discovery or invention in the manufacture, use
and disposition, according to law, of any article or material, and in the use of any method developed as
part of the work under the agreement should be obtained for the United States Government,the State
Governments and their political subdivisions.
VIII. Certification Regarding Debarment and Suspension
A. Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If 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.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definition and
Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that is it will include
this clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions. (See below.)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non-procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, 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.
IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—
Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participants shall attach an explanation to this proposal.
X. Minority Business Enterprise Requirements
It is the policy of the Department of Transportation that minority business enterprises, as defined in 49
CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement. Consequently,the MBE
requirements of 49 CFR Part 23 apply to this agreement.
The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR
Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement. In this regard, all
recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23
to ensure that minority business enterprises have the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of DOT-assisted contracts.
XI. Requirements
A. It is mutually agreed and promised that the applicant shall follow the State and Federal requirements
and guidelines set forth in the State of Hawaii Project Procedures Manual as amended. All project
expenditure records are to be retained for at least three years after the date of the final expenditure
report.
XII. Authorization to Proceed
A. It is mutually agreed between the STATE and the APPLICANT that this AGREEMENT OF
UNDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S agreement
and authorization to proceed as set forth in PART II (2) of this application.
VALERIE T. POINDEXTER J10.-1? N1 KAREN EOFF
Chairperson �r��,, ��Vhi%c„ `. BRENDA FORD
. .;iv: "=„11, :. DRU KANUHA
GREGGOR ILAGAN -==' ' ZENDO KERN
Vice Chair .f4;: '""''�•�.• DENNIS"FRESH"ONISHI
,T!°F."�� MARGARET WILLE
J YOSHIMOTO
HAWAII COUNTY COUNCIL
County of Hawai'i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawaii 96720
September 12, 2014
J Yoshimoto, Council Chair
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i 96720
RE: Bill No. 285 : An Ordinance to Amend Ordinance No. 14-81, as Amended, the
Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2015.
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawai`i, this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Finance to the full Council for immediate action. In reviewing
this matter, timely approval is crucial. It is therefore advantageous that approval is granted and
the matter be placed onto the next Council agenda for review. However, in the event this request
is denied, for whatever reason, I understand the matter shall be referred to the Committee on
Finance for placement on its future agenda.
Sincerely,
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Valerie T. Poindexter, Chair
Committee on Finance
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Approved/Date/Waive to Council: Disapproved/Date/Refer to FC:... .
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J Yoshimoto, Council Chair J Yoshimoto, Chairperson
Hawai`i County Council Hawaii County Council
VP/sc
Hawai`i County is an Equal Opportunity Provider and Employer