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HomeMy WebLinkAboutCOM 0838.001 1998-2000AARON S.Y. CHUNG Cmmcilmember DATE: TO: FROM: RE: COUNTY COUNCIL County of Hawai'i Hawai'i County Building 25 Aupuni Street Hilo Hawai'i 96720 August 3, 2000 Council Members Aaron S.Y. Chung, Chairman 4 1y — Committee on Finance Communication No. 838/13ill No. 280 Phone: (808) 961-8396 Fax: (808) 961-8912 4 �J This is to transmit a copy of the HCPD Sobriety Checkpoint schedules A, B, C, and D from the Police Department as requested at the Finance Committee meeting of July 25, 2000. Should you have any questions please feel free to contact Susan Caseria at 961-8490. Thank you. ASYC/smc Art. Gomm. No, 0-35. File No. Ref. To! 05enlf-4 Zahn ei/ Ref. Date AUG 0 7 2000 SCHEDULE A HCPD SOBRIETY CHECKPOINT EXPANSION AC2K-02 (01-H-02) MISSION/GOAL: Implementation of DUI checkpoints will be used to increase public awareness of the impaired driver. To reduce motor vehicle collisions, injuries and/or fatalities attributed to alcohol and/or drug use of an impaired driver. STRATEGIES: ♦ Targeted will be "major holiday" weekends, holiday season, and graduation/prom weekends. Major holiday weekends are Thanksgiving, Christmas, New Year's Eve, Memorial Day and Labor Day. ♦ Establish 200 roadblocks in conjunction with major holidays, as well as local events. ♦ Work with Partners for Safe Keikis (John Kaizuka) with referrals from Child Safety Seat Project. ♦ Implement 100 DUI arrests ♦ Issue 200 citations for violations ♦ Affect 100 arrest for other violations ♦ Conduct a minimum of 52 roadblocks with county funds. ♦ Screen an estimated 17,000 vehicles while on grant -funded projects. ♦ Issue 50 citations seatbelt and/or child restraint violations. SOLUTIONS: ♦ The grant will provide four (4) officers on overtime at each federally funded checkpoints. ♦ Two officers to attend training relating to alcohol and/or drug impaired drivers (e.g. State of Hawaii Traffic Forum) 0 Use 1200 hours of overtime for enforcement effort EVALUATION: ♦ Reduce the percent of alcohol-related fatalities by 5 % from a 10 -year average of 51.33 % to 48.8%. TASKS: ♦ A minimum total of 200 roadblocks will be established using grant funds. ♦ Conduct a minimum of 52 roadblocks with county funds. ♦ Conduct basic (8 hours) drug recognition training for a minimum of 20 officers in patrol. ♦ Screen an estimated 17,000 vehicles while on grant -funded projects. ♦ Issue 50 citations seatbelt and/or child restraint violations. ♦ Work with Partners for Safe Keikis (John Kaizuka) with referrals from Child Safety Seat Project. SCHEDULE D Agreement of Understanding & Compliance Project Number THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and through its Director of Transportation, hereinafter referred to " '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 UNTIED 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 futures, for which reimbursement is not eligible: Desks Credemas 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 correct 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 rare, 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 receive[ 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 fimds which would duplicate or overlap work under this project to exclude any such duplication of grant fund expeoditurea. 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 ss 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 Oso -ons lo.l. 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 LMr7rTMW-T.Tff .. ., L 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. S. 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 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 debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 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 pnulent person in the ordinary course of business dealings. 9. Except for transactions authorized under pangmph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, 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 ureter this agreement. In this regard, all recipients or contractors shall take all 0 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 muftmily 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. 5 SCHEDULE B HAWAII COUNTY POLICE DEPARTMENT Sobriety Checkpoint Expansion Sa (1) Personal Services Life Savers Conference Out of State travel $2,500.00 $2,500.00 4 ofcrs. Q each checkpoint X 4 hrs. $26 ave. wage x 4 ofcr x 4 hrs x 1.5 $624/chpt x 5 holidays (3 nights) $9,360.00 $624/chpt x 8 nights (graduation) $6,864.00 $624/chpt x 3 nights (prom) $11,232.00 Subtotal $27,456.00 Supplemental Roadblocks $10,364.00 $10,364.00 (2) Consultant Services --0-- (3) Commodities --0-- (4) Other Direct/Indirect Costs --0-- Total Cost $40,320.00 SCHEDULE C HAWAII COUNTY POLICE DEPARTMENT Sobriety Checkpoint Expansion PART I. PROJECT NUMBER: SOBRIETY CHECKPOINT EXPANSION PROJECT ACTIVITY FISCAL YEAR 1999-2000 IST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER Enforcement $9,455.00 $9,455.00 $9,455.00 $9,455.00 Life Savers Conference $2,500.00 Subtotal $9,455.00 $11,955.00 $9,455.00 $9,455.00 COMMENTS: COST $40,320.00 APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT STATE OF HAWAII MOTOR VEHICLE SAFETY OFFICE FOR MVSO USE ONLY PART I (Applicant Agency to Complete) Project Number: AL2K-02(01-H-02) 1. PLICANT AGENCY (Name and Address) HCPD Title: HCPD Sobriety Checkpoint 349 Kapiolani St. Hilo, HI 96720 2. GOVERNMENTAL UNIT (Name and Address) Stan. Area AL Effective Date: 10/1/99 County of Hawaii 3. DURATION (Month, Day, Year - See Schedule C) Federal Funds Obligated $55,320 A. Grant Period B. Project Period From: 10/1/99 From: 10/1/85 FY Funds 2000 Addendum: X YES NO 4. LOCATION OF PROJECT Sa. Type of Application (Check Appropriate Item(s) HCPD Initial Revision X Continuation 5b. REIMBURSEMENT SCHEDULE DESIRED Monthly ____X_Quarterly 6. PROJECT DESCRIPTION (Schedule A) (See Appendix A, Project Procedures Manual)* 7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A HCPD will be scheduling DUI roadblocks during major holidays as well as during the graduation period. Efforts will be t increase public awareness and reduce injuries and death attributed to alcohol-related fatalities, nnncm 1c,heeh,1e R) (See Annendix A. Project Procedures Manual)* $A. COST CATEGORY Grant Period Total Expenditures Prior Years Project Period (1) Personal Services $55,320 $517,378 $572,698 (2) Consultant Services Date To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 5/79 (3) Commodities (4) Other Direct/Indirect Costs TOTAL ESTIMATED COSTS (Inc. Non -Fed. Share) $55,320 $517,378 $572,698 8B. SOURCE OF FUNDS (1) Federal ( 100 : of TOTAL) $55,320 C. SPECIFY HOW NON-FEDERAL SHARE WILL BE PROVIDED (2) Applicant Agency ( 0, % of 9. TIME AND COST (Schedule C) (See Appendix A, Project Procedures Manual)* 10 AGREEMENT OF UNDERSTANDING AND COMPLIANCE (See Schedule D, attached) 11. ACCEPTANCE OF CONDITIONS. IC is understood and agreed by the undersigned that a reimbursement grant received as a result of this application 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,e,C S D, which are incorporated herein and made a part of this application. Authorization to proceed with this Highway Safety Project is requested. 11A. PROJECT DIRECTOR 11B. AUTHORIZING OFFICIAL OF GOVERNMENTAL UNIT Sianature Signature h Name Title Title Date Date To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 5/79 PART II (Motor Vehicle Safety Office to complete) Project Number:AL2K-02(01-H-02) 1. ADDENDUM (For MVSO Use Only) s addendum to grant number AL2K-02(01-H-02), Entitled " HCPD Sobriety Checkpoint" �.icreases the grant amount by $15,000 from $40,320.00 to $55,320.00. The purpose of the addendum is to allow the grant to increase the number of sobriety checkpoints by 32, screen 8000 vehicles, arrest 20 violators for DUI offenses, make 30 additional arrests for other violations and issue 150 citations for traffic violations. 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Administration of the State Highway Safety Program. A. Effective Date: May 16, 2000 B. Federal2Fundsigated: $55,320 C. Approvaay 16 2000 D. SignatuE. Name: J -�-� F. Title: Highway Safetyll Coordina