HomeMy WebLinkAboutRES 318 Draft 01 2024-2026NSY OF y
COUNTY OF HAWAFI STATE OF HAWAFI
OFNF
RESOLUTION NO.�-��
A RESOLUTION AUTHORIZING THE MASS TRANSIT AGENCY TO AWARD A
GRANT TO PEOPLE FOR ACTIVE TRANSPORTATION HAWAI`I.
WHEREAS, Chapter 2, Article 25, Section 2-139(a)(3)(A) of the Hawaii County Code
1983 (2016 Edition, as amended) (hereinafter "the Code") provides that grant awards "in excess
of $25,000 to nonprofit organizations shall specifically identify the organization receiving the
grant funds and the purpose for which the grant funds shall be used in a resolution"; and
WHEREAS, Chapter 2, Article 25, Section 2-136 of the Code defines a "nonprofit
organization" as "an organization that is registered and in good standing in the State of Hawaii
as a nonprofit organization and maintains a 501(c)(3) charitable designation from the Internal
Revenue Service"; and
WHEREAS, the Mass Transit Agency (hereinafter "MTA") wishes to award a grant to
People for Active Transportation Hawaii (hereinafter "PATH"), a Hawaii nonprofit
organization, in the amount of $240,000; and
WHEREAS, PATH is an eligible nonprofit organization as defined hereinabove; and
WHEREAS, PATH will utilize these grant funds to manage the HIBIKE bike share
program; and
WHEREAS, MTA is in favor of this grant award because it will help promote a high
quality multi -modal transportation system that provides safe, reliable, and convenient mobility
choices for Hawaii Island residents and visitors by sustaining the bike share program in
alignment with the County Transit and Multi -Modal Transportation Master Plan; and
WHEREAS, a copy of the proposed grant agreement, including the scope of work and a
description of the bike share program, is attached hereto as Exhibit "A"; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that, in
accordance with Section 2-139(a)(3) of the Code, the Mass Transit Administrator is hereby
authorized to provide a grant to People for Active Transportation Hawaii in the amount and for
the purposes hereinabove specified.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Diane T. Nakagawa, Director of Finance; and Zachary D. Bergum, Acting Mass
Transit Administrator.
Dated at Kona , Hawai`i, this 22nd day of October 12025 ,
INTRODUCED BP
COUNCIL
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on DCtobe)r 22,
ATTEST:
�TYCLECHAIRPERSON & PRESIDING OFFICER
2
M-
OF HAWAI`I
ROLL CALL VOTE
AYES
NOES
ABS
EX
GALIMBA
X
HUSTACE
X
INABA
X
KAGIWADA
R
KANEALI`I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
x
ONISHI
X
VILLEGAS
X
8
0
1
0
Reference:
RESOLUTION NO..
C-510/FC-89
EXHIBIT A
MEMORADUM OF AGREEMENT FOR THE OPERATION AND MAINTENANCE OF
BIKESHARE SYSTEM IN HAWAI'I COUNTY
THIS MEMORANDUM OF AGREEMENT ("AGREEMENT") made and entered into this
2025, by and between the COUNTY OF HAWAI'I, with its
principal place of business at 25 Aupuni Street, Hilo, Hawaii 96720, (hereinafter referred to as
the "COUNTY"), and PEOPLE FOR ACTIVE TRANSPORTATION HAWAI'I (PATH) with its
principal place of business at P.O. Box 62, Kailua-Kona, HI 96745 (hereinafter referred to as
"CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY's Mass Transit Agency (hereinafter referred to as "AGENCY")
strives to promote a high quality multi -modal transportation system that provides safe, reliable,
and convenient mobility choices for residents and visitors to Hawaii Island; and
WHEREAS, the HIBIKE Project will promote a transportation option for Hawai'i Island
residents and visitors to utilize, encourage a healthy and fun way to get around town, and support
the development of appropriate infrastructure for biking, bicycle safely and bicycle ridership on
Hawaii Island; and
WHEREAS, in furtherance of the AGENCY's goals, the Mass Transit Administrator of the
AGENCY wishes to provide funds to support the CONTRACTOR's project as per proposal
submitted to the Agency; and
WHEREAS, pursuant to Hawaii County Code (hereinafter referred to as 'HCC") Section
2-139(a)(3)(A), grant awards in excess of $25,000 to non-profit organizations shall specifically
identify the organization receiving the grant funds and the purpose for which the grant funds shall
be used in an ordinance or resolution; and
WHEREAS, through its adoption of Ordinance No. 24-32 the County Council authorized
the AGENCY through its budget approval process to provide the CONTRACTOR with a grant to
support its HIBIKE program; and
WHEREAS, TWO HUNDRED FORTY THOUSAND AND NO/100 DOLLARS
($240,000.00) is authorized to be made to the CONTRACTOR to manage the HIBIKE Project;
and
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WHEREAS, the ADMINISTRATOR verifies sufficient funds are available through the
COUNTY and now wishes to enter into an AGREEMENT with said CONTRACTOR; and
NOW, THEREFORE, the COUNTY and the CONTRACTOR in consideration of the mutual
promises hereinafter set forth hereby agree as follows:
1. PROGRAM: The COUNTY provides funding to the CONTRACTOR to manage its
"HIBIKE PROJECT." The "HIBIKE PROJECT" description is incorporated herein as
Exhibit A-1. The CONTRACTOR may subcontract its operational and management
services, with prior written approval by the AGENCY in the form of supplemental to this
agreement.
2. PROMOTIONAL AND EDUCATIONAL MATERIALS: The CONTRACTOR shall
acknowledge the County of Hawaii as a contributor of funds in all printed, broadcast other
advertisement and promotional material and documents relating to the CONTRACTOR'S
program.
3. FUND APPLICATIONS: Funding shall be expended in accordance with the project
budget, attached and incorporated herein as Exhibit A-2.
4. FINANCING: The CONTRACTOR hereby acknowledges and agrees that the COUNTY's
total contribution for the CONTRACTOR' approved program(s) shall not exceed TWO
HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($240,000.00) for fiscal year
2025 - 2026. Within such amount, $240,000.00 shall cover operational costs of the
HIBIKE system. It is expressly understood and agreed that in no event will the COUNTY's
total contribution exceed this amount.
5. METHOD OF PAYMENT: The COUNTY shall make available to the CONTRACTOR upon
execution of this AGREEMENT the amount of TWENTY THOUSAND AND NO/100
DOLLARS ($20,000.00), per month upon the receipt and acceptance of progress report
as described in paragraph 11 herein below for operational costs of the HIBIKE system.
6. FINAL PAYMENT: The final payment of TWENTY THOUSAND AND NO/100 DOLLARS
($20,000.00) shall be made to the CONTRACTOR upon the COUNTY's receipt and
approval of the CONTRACTOR's written final report of the results of the project for the
operational costs of the HIBIKE system.
7. ACCEPTANCE OF THE FINAL PAYMENT: Final payment shall be made only after the
issuance of a notice of final approval and acceptance by the ADMNISTRATOR advising
the CONTRACTOR of the satisfactory fulfillment of the terms of this AGREEMENT.
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Acceptance by the CONTRACTOR of the final payment shall constitute payment in full for
all services performed under this AGREEMENT.
8. CONTRACTOR REPRESENTATIONS AND WARRANTIES: CONTRACTOR represents
and warrants to the COUNTY as follows:
a. CONTRACTOR is chartered to do business in the State of Hawai'i for charitable
purposes and exempted from the Federal income tax by the Internal Revenue Service.
b. The purpose for which CONTRACTOR is organized is to provide benefits to the people
of the COUNTY.
c. The service or activity to be provided by CONTRACTOR, and funded by the COUNTY,
shall address education concerns, the needs of the poor, the aged, victims of health
or social crises, or public health and welfare of the people and the environment.
d. CONTRACTOR has a governing board whose members serve without compensation
and have no conflict of interest between their regular occupations and the services
provided by CONTRACTOR.
e. CONTRACTOR has bylaws or policies which describe the manner in which business
is conducted, including management, audit and fiscal policies and procedures, policies
on nepotism, and policies on management of potential conflict of interest.
f. CONTRACTOR has at least one year's experience with the service or activity for which
the appropriation is sought or can otherwise demonstrate to the satisfaction of the
COUNTY sufficient expertise to successfully carry out the service or activity.
g. CONTRACTOR must be licensed and accredited in accordance with applicable
requirements of Federal, State and County laws.
h. CONTRACTOR employs and appoints persons on the basis of merit and ability.
i. CONTRACTOR complies with applicable Federal and State laws prohibiting
discrimination against any person on the basis of race, color, national origin, religion,
creed, sex, age, or disability.
j. CONTRACTOR shall follow generally accepted accounting procedures and practices
and shall maintain books, records, documents, and other evidence which sufficiently
and properly account of the expenditure of COUNTY funds.
k. CONTRACTOR agrees to allow the COUNTY's designate, which may include the
Director of Finance, committees of the Council and their staffs, and the COUNTY
Auditor to access records, reports, files, and other related documents in order that the
program, management, and fiscal practices of the nonprofit organization may be
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monitored and evaluated to assure the proper and effective expenditure of public funds
for this program.
I. CONTRACTOR agrees that the COUNTY expending agency, Director of Finance, or
Hawaii County Council may request periodic written reports on the use of County
funds.
9. TAX CLEARANCE: If the amount of funding provided by the COUNTY for the
CONTRACTOR's program is $2,500 or greater, the CONTRACTOR, including out-of-state
contractors, shall apply to the Hawaii State Tax Office and the Internal Revenue Service
in accordance with Act 190 Hawai'i Revised Statutes Section 103D-310(c), for a Tax
Clearance prior to the execution of this AGREEMENT and again before final payment can
be made by the COUNTY to the CONTRACTOR. Compliances are also required from the
Department of Commerce and Consumer Affairs (DCCA) and the Department of Labor
and Industrial Relations (DLIR) prior to execution. In the event the CONTRACTOR is
unable to furnish the appropriate certificates within ten (10) calendar days of being
requested to do so, the COUNTY may proceed to re -open negotiations with other
acceptable submittals.
10. TERM: The term of this AGREEMENT shall commence July 1, 2025 and continue through
June 30, 2026 unless this AGREEMENT is terminated sooner as hereinafter provided.
Notwithstanding the foregoing, the term of the AGREEMENT may be extended by written,
mutual agreement of the parties.
11. REPORTS: The CONTRACTOR shall submit to the Agency a written monthly progress
report through June 30, 2026 on Exhibit B, Progress Report Form, attached hereto. The
CONTRACTOR shall prepare a final written report to the Agency utilizing Exhibit C, Final
Report Form and Final Financial Report Form, attached hereto, no later than thirty (30)
days after the Agreement ends.
12. PROGRAM APPROVAL: All programs funded by the COUNTY under this AGREEMENT
shall be subject to and receive approval of the COUNTY prior to any payment to the
CONTRACTOR. Any changes or deviations to any program must be submitted in writing
for the review and approval of the AGENCY. The AGENCY'S approval shall be in writing.
13. MODIFICATIONS OF AGREEMENT: The COUNTY may at any time make modifications
to this AGREEMENT, which shall be made by a written supplemental agreement.
Modifications involving no reduction or increase in compensation may be made by written
order of the ADMINISTRATOR. All modifications requested by the CONTRACTOR shall
be in writing.
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14. DELAY IN PERFORMANCE OF AGREEMENT: If any delay in the performance under
this AGREEMENT occurs as a result of unforeseeable causes beyond the control and
without the fault or negligence of the CONTRACTOR, including but not limited to, acts of
God, acts of the public enemy, acts of the COUNTY with respect to this AGREEMENT,
acts of another contractor in the performance of an AGREEMENT with the COUNTY, fire,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe
weather, or delays of subcontractors or suppliers arising from unforeseeable causes
beyond the control and without the fault or negligence of both the CONTRACTOR and
such subcontractors or suppliers, then the CONTRACTOR may be granted an extension
of the time for performance corresponding to the delay. No extension of time, however,
shall be granted unless a written application therefore stating in detail the cause or causes
of delay is filed by the CONTRACTOR with the ADMINISTRATOR within ten (10) calendar
days after the commencement of the delay. No extension of time shall be deemed a
waiver of the right of the COUNTY to require the completion of the services under this
AGREEMENT within the time required herein as so extended by the specific terms of such
extension, nor a waiver of right to terminate this AGREEMENT for any other or additional
delay not covered by the specific terms of such extension.
15. ABANDONMENT OF THE PROGRAM, DEATH OR DISABILITY OF CONTRACTOR: In
the event the COUNTY terminates this AGREEMENT because it wishes to abandon,
defer, restudy or revise the program, or in the event the CONTRACTOR, in the case of an
individual, dies or becomes physically or mentally disabled, the CONTRACTOR or the
CONTRACTOR' estate shall be compensated in the same proportion of the
compensation under this AGREEMENT as the services performed bear to the services to
be performed under this AGREEMENT.
16. RIGHT OF THE COUNTY TO TERMINATE: The COUNTY shall have the right to suspend
performance under this AGREEMENT or terminate this AGREEMENT in whole or in part
at any time by written notice to the CONTRACTOR. If the termination is for reasons other
than default of the CONTRACTOR as provided in paragraph entitled "TERMINATION
DUE TO CONTRACTOR'S DEFAULT" herein, the CONTRACTOR shall be compensated
in accordance with paragraph entitled "ABANDONMENT OF THE PROGRAM, DEATH
OR DISABILITY OF CONTRACTOR" herein.
17. TERMINATION DUE TO CONTRACTOR'S DEFAULT: The COUNTY shall have the right
to terminate this AGREEMENT, if the CONTRACTOR:
a. Fails to begin work under this AGREEMENT at the required times; or
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b. Unnecessarily delays the performance of this AGREEMENT or any part thereof; or
c. Fails to perform this AGREEMENT in accordance with specified times; or
d. Fails to perform this AGREEMENT in accordance with directions from the
ADMINSTRATOR; or
e. Discontinues performance of this AGREEMENT; or
f. Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or
insolvency; or
g. Fails to pay for all labor, tools, material and/or equipment; or
h. Violates or fails to comply with any of the terms, covenants and conditions of the
AGREEMENT.
18. AUTHORITY TO WITHHOLD MONEY DUE OR PAYABLE: The COUNTY may withhold
such amounts from the money due or to become payable under this AGREEMENT to the
CONTRACTOR as may be necessary to protect the COUNTY against liability or to satisfy
the obligations of the CONTRACTOR to the COUNTY.
19. INDEMNITY: The CONTRACTOR shall perform this AGREEMENT as an independent
contractor and shall indemnify and hold the COUNTY and its officers and employees
harmless from any and all deaths, injuries, losses and damages to persons or property,
and any and all claims, demands, suits, actions and liabilities therefore, caused by error,
omission or negligence in the performance of this AGREEMENT by the CONTRACTOR
or the CONTRACTOR' subcontractors, agents and/or employees.
20. INSURANCE REQUIREMENTS: The CONTRACTOR, , if any, shall obtain from a
company authorized by law to issue such insurance in the State of Hawaii commercial
general liability insurance in an amount of at least ONE MILLION ($1,000,000.00) AND
NO/100 dollars Each Occurrence/TWO MILLION ($2,000,000.00) AND NO/dollars
General Aggregate; TWO MILLION ($2,000,000.00) AND NO/dollars Products/Completed
Operations Aggregate and ONE MILLION ($1,000,000.00) AND NO/dollars Personal and
Advertising Injury coverage for bodily injury and property damage resulting from the
CONTRACTOR'S performance under this AGREEMENT. The CONTRACTOR shall
maintain in effect this liability insurance until the COUNTY certifies that the
CONTRACTOR work under the AGREEMENT has been completed satisfactorily. The
liability insurance shall be primary and shall cover the insured for all work to be performed
under the AGREEMENT, including changes, and all work performed incidental thereto or
directly or indirectly connected therewith. CONTRACTOR, including the CONTRACTOR'S
subcontractors (i.e. Secure Bikeshare LLC) shall also maintain Workers' Compensation
and Employers' Liability. As required by Hawaii Revised Statutes Chapter 386 and
regulations thereunder. Providing limits of liability of not less than Workers' Compensation:
Statutory limits and Employers' Liability: Bodily Injury with minimum limits of $1,000,000
for each accident; $1,000,000 by disease — each employee; and $1,000,000 by disease —
policy limit. With a Waiver of Subrogation in favor of the County of Hawaii.
A certificate of the liability insurance shall be given to the COUNTY by the
CONTRACTOR on or before the contract date. The certificate shall provide that the
COUNTY and its officers and employees are Additional Insured. The certificate shall
provide that the coverages being certified will not be cancelled or materially changed
without giving the COUNTY at least 30 days prior written notice by registered mail. Should
the "liability insurance" coverages be cancelled before the CONTRACTOR' work under
the AGREEMENT is certified by the COUNTY to have been completed satisfactorily, the
CONTRACTOR shall immediately procure replacement insurance that complies in all
respects with the requirements of this section.
Nothing in the insurance requirements of the AGREEMENT shall be construed as
limiting the extent of CONTRACTOR'S RESPONSIBILITY FOR PAYMENT OF
DAMAGES RESULTING FROM THE OPERATIONS UNDER THIS AGREEMENT,
including the CONTRACTOR's separate and independent duty to defend, indemnify, and
hold the COUNTY and its officers and employees harmless pursuant to other provisions
of the AGREEMENT.
NOTE: People For Active Transportation (PATH) ("CONTRACTOR') and/or Secure
Bikeshare Hawaii, LLC shall include the County of Hawaii and its officers and
employees as an Additional Insured as respect General Liability.
21. AUTHORITY OF THE ADMINISTRATOR: The ADMINISTRATOR shall decide any
question or dispute concerning any provision of the AGREEMENT, which may arise during
its performance. The ADMINISTRATOR's decision shall be final and binding upon all
parties unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as
necessarily to imply bad faith or is not supported by substantial evidence, provided that
nothing herein shall be construed as making the final and binding any decision of the
ADMINISTRATOR on a question of law. Pending final decision of any dispute or question,
the CONTRACTOR shall proceed diligently with the performance under this
AGREEMENT in accordance with the decision of the ADMINISTRATOR.
22. LAWS AND REGULATIONS: The CONTRACTOR shall be responsible for being fully
informed of all state and federal laws, ordinances, codes, rules and regulations, which in
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any manner may affect this AGREEMENT and the performance thereof, including but
limited to:
a. Federal clauses and certifications as required by the Federal Transit Administration
(FTA) and attached as Exhibit D;
b. All sections of the Hawai'i County Charter and Hawaii County Code;
c. Chapter 103, Hawaii Revised Statutes, as amended, relating to expenditure of public
money except that this agreement is exempt from Chapter 103D, Hawai'i Revised
Statutes pursuant to 103D-102(b)(2)(A).
d. Chapter 378, Hawaii Revised Statutes, as amended, relating to fair employment
practices;
e. Chapter 489, Hawaii Revised Statutes, as amended, relating to discrimination in
public accommodations;
f. Chapter 396, Hawaii Revised Statutes, as amended, relating to occupational safety
and health; and
g. Chapter 386, Hawaii Revised Statutes, as amended, relating to worker's
compensation law; and
h. Nondiscrimination Clause: During the performance of this AGREEMENT, the
CONTRACTOR agrees as follows:
I. The CONTRACTOR shall comply with all requirements set forth in
Federal and State laws and regulations relative to Title VI of the Civil
Rights Act of 1964, as amended, which provide for non-discrimination
in federally assisted programs.
II. The CONTRACTOR shall not discriminate against any employee or
applicant for employment because of race, ancestry/national origin,
religion, color, disability, age, marital status, military status, veteran's
status, sex, gender identity, sexual orientation, pregnancy, lactation,
arrest and court record, citizenship, or any other classification protected
by state or Federal law. The CONTRACTOR shall assure that
applicants are employed and that employees are treated during
employment without regard to race, ancestry/national origin, religion,
color, disability, age, marital status, military status, veteran's status,
sex, gender identity, sexual orientation, pregnancy, lactation, arrest and
court record, citizenship, or any other classification protected by State
E3
or Federal law. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training. The CONTRACTOR
agrees to post in conspicuous places notices to be provided by the
contracting officer setting forth the provisions of the nondiscrimination
clause.
III. The CONTRACTOR shall in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all
qualified applicants shall receive consideration for employment without
regard to race, ancestry/national origin, religion, color, disability, age,
marital status, military status, veteran's status, sexual orientation,
lactation, arrest and court record, citizenship, or any other classification
protected by State or Federal law. In the event of the CONTRACTOR's
noncompliance with the nondiscrimination clauses of the contract, this
contract may be canceled or suspended in whole or in part and the
CONTRACTOR may be declared ineligible for further COUNTY
contracts until such time that the CONTRACTOR by satisfactory
evidence, in good faith, ceases such discriminatory practices or
procedures.
IV. If the CONTRACTOR subcontracts any portion of the contract, it shall
assure the County that such subcontractor shall abide by the
nondiscrimination provisions stated herein and agrees that any
subcontractor who is found in violation of such provisions shall subject
the principal CONTRACTOR's contract with the COUNTY to be
terminated or suspended as hereinabove stated.
V. The COUNTY may direct any bidder, prospective contractor, or
subcontractor to submit a statement in writing signed by an authorized
officer, agent, or employee of the contracting party that the signer's
practices and policies do not discriminate on the grounds of race,
ancestry/national origin, religion, color, disability, age, marital status,
military status, veteran's status, sexual orientation, lactation, arrest and
court record, citizenship, or any other classification protected by State
Z
or Federal law, and that the terms and conditions of employment under
the proposed contract shall be in accordance with the purposes and
provisions stated herein.
VI. The CONTRACTOR shall comply with all such present county, state
and federal laws, ordinances, codes, rules and regulations, and all
amendments thereto. If any discrepancy or inconsistency is discovered
between this AGREEMENT and such law, ordinance, code, rule or
regulation, the CONTRACTOR shall forthwith report the same in writing
to the ADMINISTRATOR.
23. REMEDIES NOT EXCLUSIVE: The express provision herein of certain measures that
may be exercised by the COUNTY for its protection shall not be construed to preclude the
COUNTY from exercising any other or further legal or equitable right to protect its interests.
24. FORUM SELECTION: No action or proceeding involving this AGREEMENT shall be
commenced by either party except in the Circuit or District Courts of the Third Circuit,
County of Hawaii, State of Hawaii, and no action commenced in such court shall be
removed or transferred to any other state or federal court.
25. CONTRACTOR'S FAILURE TO COMPLY WITH ALL REQUIREMENTS OF
CONTRACTUAL CONDITIONS: The CONTRACTOR' failure to comply with any and all
of the conditions of this AGREEMENT referenced herein and made a part hereof, may
result in the denial or rejection of future funding to the CONTRACTOR from the COUNTY.
26. CONSTRUCTON OF CONTRACT: The masculine shall be deemed to embrace and
include the feminine and the singular shall be deemed to embrace and include the plural,
whenever required in the context of this AGREEMENT.
27. NON -DEBARMENT REQUIREMENTS. The CONTRACTOR certifies, and, if the County,
State of Hawai'i or the United States Federal government requires, shall further certify that
they were not debarred by the State of Hawai'i or the United States Federal government
at the time of submitting a proposal, and hereby certifies and will further certify that the
CONTRACTOR shall immediately notify the COUNTY should their debarment status
change anytime during the term of the AGREEMENT.
28. CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS
PROHIBITED: CONTRACTOR agrees to comply with Hawai'i Revised Statutes Section
11-355, which states that campaign contributions are prohibited from a State and County
government CONTRACTOR during the term of the contract if the CONTRACTOR is paid
10
with funds appropriated by the legislative body between the executions of the contract
through the completion of the contract.
GENERAL TERMS AND CONDITIONS: All in strict accordance with the terms and conditions of
this Agreement, it is understood that this AGREEMENT includes as a part hereof the General
Terms and Conditions, dated May 10th 2023, Exhibit E. If any conflicts between these terms
arise, the General Terms and Conditions in Exhibit E shall prevail.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT effective
as of the date first above written.
APPROVAL RECOMMENDED
By:
Mass Transit Administrator
Date:
APPROVED AS TO FORM AND
LEGALITY
By:
Deputy Corporation Counsel
COUNTY OF HAWAI`I
L0
C. Kimo Alameda Ph. D.
Mayor
Date:
PEOPLE FOR ACTIVE
TRANSPORTATION HAWAH
President, Board of Directors
Date: Date:
11
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On , before me appeared
to me personally known, who, being by me duly sworn, did say that
is the
of
a Hawaii
corporation; that the seal affixed to the foregoing instrument is the corporate seal of said
corporation; that said instrument was signed and sealed in behalf of said corporation by
authority of its Board of Directors; and the said
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public, State of Hawaii
My commission expires:
Doc. Date: # Pages:
Name: Circuit
Doc. Description:
MASS TRANSIT AGENCY
EXHIBIT A-1
PROJECT BUDGET
COUNTY OF HAWAI'I
MASS TRANSIT AGENCY
SCOPE OF WORK
I. APPLICANT INFORMATION:
A. Brief history of the applicant organization. Include the date
of incorporation as a non-profit organization, if applicable, or
the date of the organization (use attachments where appropriate):
PATH is a grassroots 501(c)(3) non-profit bicycle and pedestrian advocacy organization
incorporated on June 5th, 1986. Our mission is to safely connect people and places on Hawai'i
Island with pathways and bikeways. PATH believes that a sustainable island and a healthy
population require safe places to walk and bicycle, to and from school, to the shoreline and
mountains, to work and to play. Founded in 1986, PATH's focus is on traffic safety education and
creating a safe environment on roadways and trails for recreation, fitness and alternative modes
of transportation.
PATH has created a number of first -in -the -state in -school bicycle and pedestrian safety programs.
PATH also facilitates a thriving Safe Routes to School program that addresses traffic safety
education and safety improvement in school zones across the island.
In 2015, the County of Hawai'i Department of Research and Development asked PATH to
launch and manage the HIBIKE project in the County of Hawaii. We established Bikeshare
Hawai'i Island, now called HIBIKE, a non-profit model project, as a low-cost, flexible
transportation service that provides on -demand access to a network of rentable bicycles. With
authorization from the Hawai'i County Council, the County funded the HIBIKE pilot project with
$250,000 and launched on August 29, 2016 with 3 stations and 32 bicycles in Kona. The
HIBIKE system was expanded in August 2019 to include 4 stations and 36 bicycles in Hilo and
3 additional stations and 27 bicycles in Kona. The total system now consists of 23 stations
and 175 bicycles and 30 e-bikes.
Rider Subscriptions Rates:
Casual Ride $4.50 + tax per Y2 hour
Monthly 60 Minute for $25+ tax per month — unlimited 60-minute rides
Monthly 30 Minute for $20+tax per month- unlimited 30-minute rides
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Hele-On riders can receive unlimited HIBIKE rides for 30-minute periods by presenting a code
from the bus operator.
Riders can sign up for membership on the Bikeshare website: www.hawaiiislandbike.com.l
Station Locations:
< �.5y�v
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Zx . ^a.
s =Sim :v Ri.,
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<,3,, ,„,'^8 -".
'iR�:�•�v ,?:F`='S'> ,rysFw ,y. es'/.<^ .`, 3�5;"+.' vtf..,�.�,„F,�, }ti%"
..�v' �" •a�ti.?�7,�ib, ....�.-C.'n%xNU '.�, f�'-YJ6*'".. ,✓ >i?,z:✓✓�". �i^,��� `rn kv" ° `�i".".., ro „r.
.M�:��;�.:�"�.fn..i..,���,`�u$���µy��,. ���z..•:���`:;t,.,�.
s^s lu✓:%_`
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tbic, cles, ' ���,�s
Hale Halawai Park Ali'i Drive and Hualalai Rd
9
Kahakai Street (in front of Huggo's On the Rocks restaurant)
9
Kipapa Park across from Magic Sands
9
Kona Searidge Condo on Ali'i Drive
9
Ali'i Drive south of Kahaluu Beach Park by southern bus stop on makai
side
9
Kona Commons by AT&T store
9
The Brewery Block by Umeke's and Sushi Shiono
9
Kuakini Highway at Coconut Grove, across from UofN
9
Kona Community Aquatics Center
9
Luhia & Eho
9
Kamehameha III & Alii Parkway (below Keauhou Shopping Ctr.)
9
Ehukai & Kaleiopapa
9
Ane Keohokalole Hwy. at the West Hawaii Civic Center
9
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,cles
Grand Nani Loa Hotel by Doubletree by Hilton
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Banyan Drive and Lihiwai Street across from Lili'uokalani Park
9
Hawai'i County Building on Aupuni Street
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Mo'oheau Park along Bayfront Trail
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Kilauea & Ponohawai at the Bayfront Trail
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Silva & Kalanianaole (across from Hilo Harbor)
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Lanikaula across from University of Hawaii
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Kawili Near Hinano (in front of Hawaii Community College)
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Onekahakaha Beach Park
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Kealoha Beach Park
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The Transit and Multi -Modal Transportation Master Plan for Hawai'i County calls for support
of the HIBIKE system to continue the operations, balancing, customer service, publicity, and
administration of the program. Usage fees should be established to cover up to half the
administrative cost with the goal of becoming self-sustaining.
B. Main source(s) of financial support:
In 2023 the HIBIKE program of financial support came from:
1. HIBIKE user fees
2. HIBIKE sponsorship from Kona Brew, Magics, Umeke's HICO, Willie's Hot Chicken
3. Operational Support from County of Hawaii Mass Transit Agency
4. Transportation Alternative Grant from DOT for the 2023 expansion
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II. NEED FOR PROJECT:
The County of Hawai'i Mass Transit Agency has deemed HIBIKE as a viable desirable, valuable,
and feasible addition to the transit system. Over the course of the HIBIKE pilot project key themes
that emerged relating to the public travel experience and travel options include:
• HIBIKE helps reduce traffic congestion and improve automobile and transit times.
• HIBIKE expands transportation options, increasing walking, bicycling, and enabling more
people to use transit.
• HIBIKE fills gaps in the Hele-On transit system acting as a "first/last mile" option.
• HIBIKE seamlessly integrates with the Hele-On Bus.
• HIBIKE creates an intergenerational bicycling culture in Kailua-Kona that normalizes the
bicycle for transportation and recreation, stimulates public support for expanding bicycle
infrastructure. Under the membership options designed with Hawai'i County residents in
mind, the more you use the system the greater the value of the membership fee, and the
farther your transportation dollars invested in HIBIKE membership goes.
Additionally, HIBIKE has demonstrated in Honolulu and cities across the U.S. the ability to
improve local environmental health, energy sustainability, quality of life, public health, and
economic activity. No other form of public transportation is able to unlock such wide-ranging
benefits for the same modest level of capital funds.
As the HIBIKE system reaches its optimal station density, there will be significant potential to
benefit elderly, disabled, minority, and low-income populations. HIBIKE offers these populations
increased accessibility to bicycles that make transit trips more efficient or can replace the need
for a personal vehicle, saving communities time and money. Also, HIBIKE has a better safety
track record than private biking. The 2016 Bikesharing and Bicycle Safety report issued by the
Mineta Transportation Institute finds that, "Collision and injury rates for bikesharing are lower than
previously computed rates for personal bicycling. Experts and focus group participants
independently pointed to bikesharing rider behavior and bikesharing bicycle design as possible
factors. In particular, bikesharing bicycles are generally designed in ways that promote stability
and limited speeds, which mitigate the conditions that contribute to collisions."
Seniors and retirees can benefit from HIBIKE as an active recreation option and/or alternative to
driving. Between 1995 and 2009, the most recent year for which National Household Travel
Survey data is available, the rise in biking among people ages 60-79 accounted for 37 percent of
the total nationwide increase in bicycle trips. HIBIKE memberships can contribute to lowering the
transportation costs of households and make transit trips more efficient by proving a first mile/last-
mile connection.
PATH regularly offered free Adult Bike Safety Skills Training classes designed for riders of all skill
levels prior to the pandemic and has begun holding those classes again starting in 2024We make
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the HIBIKE bicycles available for participants who are thinking about "getting back into biking" but
do not have a bicycle at the time of the class.
PATH also worked with the West Hawai'i Community Health Center and their Diabetes Prevention
Program, offering bicycle skills programs
Ill. PROJECT DESCRIPTION
Location of Project: Kailua-Kona, and Hilo Hawai'i
A. Number of Persons Who Will Benefit: Approximately 15,000 residents and visitors
B. Project Description (give a brief description of the work that will be
done with the funds requested, including a timeframe)
• The support being requested will fund the continued day to day operation of the
Kailua-Kona and Hilo Bikeshare systems called HIBIKE
• The development and implementation of a more robust membership program that
will allow "unbanked" residents to sign up for Bikeshare membership without
having to have a credit card;
• The expansion of the HIBIKE system with the addition of 12 stations split between
Hilo and Kailua-Kona. Three (3) stations will be fifty (50) feet and nine (9) stations
will be forty (40) foot stations.
• Introduction of e-bicycles.
• Addition of GPS trackers on bicycles.
Our long-term goal is to demonstrate the ability of HIBIKE to improve local
environmental health, energy sustainability, quality of life, public health, and economic
activity, and more robust transportation options, among other key urban livability
indicators. No other form of public transportation is able to unlock such wide-ranging
benefits for the same modest level of capital and operating investment.
Unbanked Program
1. If an unbanked person requests access to the HIBIKE system, PATH's Contractor
will provide them with a website link to the signup form.
2. The person will complete the form, sign, and either email or mail PATH's
Contractor the completed form. A valid ID as well as an image of the person
holding the ID for confirmation would be required.
3. Once received, PATH's Contractor will need two (2) business days for processing.
Within this period if any information is missing or not valid PATH's Contractor will
reach out to the person for correction.
4. Once completed, the person would need to pay via invoice or use a prepaid card
credit card with a Visa/Mastercard/American Express logo on the PATH's
Contractor website to access the bikeshare system. If a Hele-On passenger, then
the passenger would enter the code into the bikeshare system app or kiosk to
unlock bicycle.
5. The person will pay for the initial subscription fee using the website link and their
prepaid card with a Visa/Mastercard/American Express logo.
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6. Once payment has been made, their account will be active within 24 hours. If they
do not have access to a smartphone, a key card will be mailed to the person and
their account will become activated at the time the person activates the key card.
7. Accounts will be manually monitored by PATH's Contractor and payments will be
manually processed. If any payment does not go through for extra time the account
will manually be suspended until payment has been made.
GPS Unit Update
Addition of Tack GPS Unit which includes the supply and installing of tracking devices to the entire
bicycle fleet (existing and expansion). This would include the charger, installation, and bicycle
upgrades by PATH's Contractor.
Electric Bicycle Pilot Program
30 E-Fit Bicycles would be included into the revised expansion quote by PATH's Contractor and
will be added to the system pending insurance coverage. Batteries would be swapped every two
(2) to three (3) days.
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EXHIBIT A-2
PROJECT BUDGET
COUNTY OF HAWAI'I
MASS TRANSIT AGENCY
PATH Bikeshare Fixed Expenses
FY25/26
Bikeshare Expenses
Secure Bikeshare Hawai'i LLC
(Subcontractor) (COUNTYshare)
PATH Staff Wage
Payroll Taxes & Fees
Health Benefits
Ronda Robertson (Accounting Services)
Monthly Annual
$ 20,000.00
$240,000.00
$ 2,275.00
$ 27,300.00
$ 632.00
$ 7,584.00
$ 881.00
$ 10,572.00
$ 480.00
$ 5,760.00
$ 24,268.00
$291,216.00
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CONTRACT/AGREEMENT NO.:
Organization Name: _
Project/Program Title:
Contact Name:
Contact Telephone No.:
For the Period of
EXHIBIT — B
PROGRESS REPORT FORM
COUNTY OF HAWAI'I
MASS TRANSIT AGENCY
Title:
to
Please submit this completed and signed Progress Report Form that addresses each of the
following five (5) points. Use additional pages as needed.
1. Discuss how the County funds were used during the period in the development and
implementation of the program.
2. Discuss the status of work completed, and any major adjustments that have been
necessitated or proposed to date in detail.
3. Describe the next major steps for this program.
4. Add any additional comments as desired and/or requested by the Agency's program
manager.
5. Attached copies of news articles, advertisements, flyers, brochures, promotional
materials on this project that you have collected to date if applicable.
Submitted by:
Contractor's Signature
Manager's Initials
Date:
Accepted by:
Date:
Program
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CONTRACT/AGREEMENT NO.:
Organization Name: _
Project/Program Title:
Contact Name:
Contact Telephone No.:
For the Period of
EXHIBIT — C
FINAL REPORT FORM
COUNTY OF HAWAI'I
MASS TRANSIT AGENCY
Title:
to
Please submit this completed and signed Progress Report Form that addresses each of the
following five (5) points. Use additional pages as needed.
1. Discuss the results of your program in detail.
2. Describe how this program could be improved.
3. Describe the any expansions planned for the next year for this program.
4. Add any additional comments as desired and/or requested by the Agency's program
manager.
Attached copies of news articles, advertisements, flyers, brochures, promotional materials on
this project that you have collected to date if applicable.
Submitted by:
Contractor's Signature
Date:
Accepted by:
Program Manager's Initials
Date:
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EXHIBIT - D
FEDERAL CLAUSES AND CERTIFICATIONS
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EXHIBIT - E
GENERAL TERMS AND CONDITIONS
COUNTY OF HAWAI'I
MASS TRANSIT AGENCY
END OF DOCUMENT
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