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HomeMy WebLinkAboutCOM 0959.000 1998-2000 ~°.J 46 nr N~h'i Stephen K. Yamashiro 'f Dixie Kaetsu Mayor Director Frank Manalili Deputy COUMP of Taman DEPARTMENT OF FINANCE 25 Aupum Sheet, Room 118 • Hilo, Hawaii 96720-4252 (808)961-8234 • Fax(808)961-8248 October 13, 2000 Honorable James Arakaki, Chairperson and Members of the County Council Hawai'i County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget Enclosed is a bill for an ordinance appropriating $33,375 for the Hawai'i Speed Enforcement grant. The State Department of Transportation Public Affairs Office - Safe Community Program is providing a grant to conduct speed enforcement roadblocks to reduce speed on the highways. Also enclosed is a resolution to authorize the Mayor to enter into an agreement with the State Department of Transportation. If there are any questions, please do not hesitate to call the Police Department. Dixie Kaetsu Director of Finance APPROVED: 41(-- Stephen K. *amashiro Mayor Enc. Cc: Police Department &11 337; Res. 339-00 Comm. No. MCI File No. Ref. To: FCj Ref, Date WT 18 2M Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: POLICE DATE: 10/10/00 STAFF CONTACT: GARY MAESATO. BUSINESS MANAGER PHONE: 961-2274 A. REQUEST: To appropriate $33,375.00 under account number 010-201-5219.44-115. To enter into a contract with the State Department of Transportation Motor Vehicle Safety Office to provide funding under the Hawaii Speed Enforcement grant. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The State Department of Transportation Public Affairs Office-Safe Community Program is providing a grant for Police Department personnel to conduct speed enforcement roadblocks in the County of Hawaii. SIGNED: G. W" DATE: ~ - - ~ WAYN~ G. CARVALHO ft&ICE CHIEF APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT STATE OF HAWAII MOTOR VEHICLE SAFETY OFFICE PART I . FOR WSO USE ONLY4 (Applicant Agency to Complete) s""i'n ~..,gx.+:..J..i. 1. APPLICANT AGENCY (Name and Address) Hawaii County Police Department 349 Kapiolani Street oJ~.* _"umber Hilo, Hawaii 96720-3998 CPDSPEED w. 2. GOVERNMENTAL UNIT (Name and Address) County of Hawaii 25 Aupuni Street g .=I0=01-00 Hilo, Hawaii 96720-3998 3. DURATION (Month, Day, Year-See Schedule C): r A. Gran[ Period B. Project Period From: 10/01/00 From: 10/01/00 To: 09/30/01 To: 09/30/01 rn 001 v ddend ENO.;' ua. « BrneSto~ State, 4. LOCATION OF PROJECT 5A. TYPE OF APPLICATION Hawaii County Police Department Initial Revision CONTINUATION 349 Kapiolani Street Hilo, Hawaii 96720-3908 5B. REIMBURSEMENT SCHDULE Telephone: (808) 961-2305 MONTHLY Quarterly 6. PROJECT DESCRIPTION (Schedule A) (See Appendix A, Project Procedures Manual) 7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A To reduce fatalities and injuries to all occupants of motor vehicle collisions, and to raise the seat belt usage rate. 8. BUDGET (Schedule B) (See Appendix A, Project Procedures Manual)' 8A. COST CATEGORY TOTAL EXPENDITURES GRANT PERIOD PRIOR YEARS PROJECT PERIOD (1) Personal Services 533,375.00 589,896.00 5123,271.00 (2) Consultant Services __p__ 13) Commodities --0-- 0- (4) Other Direculndirect Costs --0-- --0-- --0-- TOTAL ESTIMATED COSTS (Inc. Non-Fed. Share) 533,375.00 589,896.00 5123,371.00 8B. SOURCE OF FUNDS 8C. SPECIFY HOW NON-FEDERAL SHARE (1) Federal (100% of TOTAL) 533,375.00 WILL BE PROVIDED (2) Applicant Agency (0% of TOTAL) 9. TIME AND COST (Schedule C) (See Appendix A, Project Procedures Manual) ' 10. AGREENIENT OF UNDERSTANDING AND COMPLIANCE (See Schedule D, attached) 11. ACCEPTANCE OF CONDITIONS: It 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 o 1996) 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 and 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, C, & D, which are incorporated herein and made a pan of this application. Authorization to proceed with this Highway Safety Project is requested. IIA. PR C O IIB. AUTHORIZING OFFICIAL GOVERNMENTAL UNIT s S. Correa l hg~A Signature Deputy Po)1Ct2 Chief Signature c 1ng o ice 1e 1 Name for: WAYNEQCARVALHO Name Title POLICE CHIEF Title PC_0NG MAYOR, COUNTY OF HAWAII n Date off/ -2 0 -00 Date d~ fj'~ SCHEDULE A HCPD SPEED ENFORCEMENT MISSION/GOAL: Reduce speed in related motor vehicle traffic fatalities and on highway usage. STRATEGIES: • Issue 1780 citations for speeding. • Issue 890 citations for other violations. • Use 890 hours of overtime for enforcement efforts. • Affect 20 arrests during enforcement efforts for warrant violations and other offenses. SOLUTION/IMPLEMENTATION: • Use overtime funds to conduct speeding enforcement. • Use Public Service Announcements to provide education and deterrence of speeding violations. • Utilize speed-measuring devices to deter speeders on the highways. EVALUATION: • Reduce speed-related traffic fatalities by 5%. TASKS: • Issue 1780 citations for speeding and 890 citations for other violations. • Use 890 hours of overtime for enforcement efforts. • Affect 20 arrests for warrant violations and other offenses. • Utilize speed-measuring devices to deter speeders on the highways. • Use Public Service Announcements to provide education and deterrence of speeding violations. SCHEDULE B HCPD SPEED ENFORCEMENT (1) Personal Services • Salaries and Wages 890 hrs. x $37.50 avg. wage $33,375.00 q$33,375.00 (2) Consultant Services (3) Commodities (4) Other Direct/Indirect Cost Federal (Share) Funds Requested* $33,375.00 Total Cost $33,375.00 SCHEDULE C HCPD SPEED ENFORCEMENT MILESTONES MONTH ACTIVITY October-December 2000 Speed Enforcement (1" Quarter) January-March 2001 Speed Enforcement (2"d Quarter) April-June 2001 Speed Enforcement (3`a Quarter) July-September 2001 Speed Enforcement 11(4 Quarter) SCHEDULE D Agrocment of Understanding 3 Compliance Project Number: THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and through its Director of Transportation, hereinafter referred to as "State", and the Governmental Unit named in this application, hereinafter referred to as "Applicant". WHEREAS, the National Highway Safety Act of 1966 (Public Law 39-564) provides Federal funds to the STATE for approved highway safety projects, and WHEREAS. STATE may make said funds available to various state, county or municipal agencies or governments or political subdivisions upon application and approval by STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION, and WHEREAS, STATE is obligated to reimburse the UNITED STATES DEPARTMENT OF TRANSPORTATION out of its funds for any ineligible or unauthorized expenditures for which Federal funds have been claimed and payment received, and WHEREAS, the above name APPLICANT has submitted an application for Federal funds for highway safety projects. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: L Reimbursement of Eligible Expenditures A. It i$ 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 forh 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 dctemined 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 Shcly ing Floor Coverinas Draperies Coat Racks Office Planters Fixed Lighting/Lamps C. k 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 co=ttd by APPLICANT. IL Prooeny Agreement A. It is mutually agreed and promised that the APPLICANT shall immediate[}' 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. I ISK (a)). IV. Equal Opportunity A. It is mutually agreed and promised that pursuant to the requirements of Section 22 (a) of the Federal- Aid Highsa-v 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. W a condition to reeeiving approval of this application, it will be subject to, and will comply with, Tide VI of the Civil Rights Act of 1964, 73 StaL M. 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, Pan 3, which have been adopted by the Department of Transportation, and hereinaQer 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, as., 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. (I) Cancel, terminate, or suspend in whole or in pan 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 satisfactoy assurance of future compliance has been received from the applicant agency. 2 V. Non-dupli Lion of Grant Fund E.ependicures A. Ic is mutually agreed and promised that the APPLICANT his no ongoing or completed projects under ag_remcni 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 grata fund expenditures. C. It is further mutually agreed and understood that the APPLICANT shall reimburse tie STATE OF KAWAII for any such duplicate expenditures for which Federal grant funds have been claimed and payment received as determined by State or Federal audit. V L Project Income and Applicable Credits A. It is mutually agreed and understood that the APPLICANT shall apply all proceeds or credits gcncmted 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 ONIB Circular A-37 (FMC 74-7) or A-21, as applicable and NHTSA/FH WA Order 460- 45,5 10.1. VI 1. 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 rovalry-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, nontransfrmblc, and royalry-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 pan of the work under the agreement should be obtained for the United States GovemmcnL the State Governments and their political subdivisions. VII I. Corti Lcation Rcearding Debarment and Suspension A. Instructions for Ceniricnoon 1. By signing and submitting this proposal, the prospective lower tier participant is providing the cerification 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 go, cmmenL the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier parici pant shall provide immediate oruicn notice to the person to which this proposal is submitted if at any time the prospective lower tier participant teams that its ccrtificapior, was erroneous when submitted or has become arroneous by reason of changed circumstances. 4. The terms covered transaction, "debarred," "suspended," "ineligiblc," "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 Covens- 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. i. The prospective lower tier participant agrees by submining 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 43 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 submining this proposal that is it will include this clause tilled "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 43 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the cenification is erroneous. A participant may decide the method and frequency by which it determines the elieibiliry of its principals. Each participant may, but is not required to, check the List of Panics Excluded from Federal Procurement and Yon-procurement List. 3. Nothing contained in the foregoing shall be construed to require establishment of a system of records in - order to render in good faith the cenification required by this clause. The knowledge and information o( 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 i 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 43 CFR Pan 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. Corti fixation Regarding Debamen4 Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Cowered 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 cenifv 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 perfom=cc of contacts financed in whole or in part with Federal funds under this agrr_mcnt. Consequently, the MBE requirements of 49 CFR Part 23 apply to this aerccmcnt. The recipient or its contractor agrr_s to ensure that minority business enterprises as defined in 49 CFR Pan 23 havc the maximum opportunity to participate in the performance of contacts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contactors shall take all 4 necessary and reasonable stcps in accordance wkh +9 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and oerform contracts. Recipients and contractors shall not discriminate on the basis of race, color, national origin, or sex in the awa.d and performance of DOT-assistcd 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 Ali project expenditure records are to be retained for at least three years after the date of the fimal expenditure report. :CII. Authorization to Proceed A. It is mutually agreed betaken the STATE and the APPLICANT that this AGREE\fEVI OF UNDERSTAND LNG AND COMPLIANCE shall become effective upon the STATE'S agreement and authorization to proceed as set forth in PART 11(2) of this application. r PART If (Motor Vehicle Safety Office to complete) Project Number 5Z:1 _6 O( 1. ADDENDUM (For MVSO Use Only) i 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Administration of the State Highway Safety Program. A. Effective Date B. Federal Funds Obligated t 33,37S- C. Approval D to D. Signature E. Name F. Title ty,