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HomeMy WebLinkAboutRES 138 Draft 01 2002-2004 COUNTY OF IIAWAI`~ STt~TE OF I-IAWAI`I I~ESOLU'I'ION NO. O~ R~SOLUTI®N RUTH®F~IZINCa THE ®FI°IC O~ THE IOIIAY®I~ T® ~NT~R INTO e4N a4(aI~~EIVI~NT WITI~ TI~~ STa4T~ I'IAWAI`I D~I~~l~TM~NT TI~ANSP~RT~TI®N, ~URSU~?NT T® HISS 46-7, ~4 I~AW~I`I C®UNTY P®LICE D~h~R64TIVI~NT IZ®ADSL®CK ~RO(~I~Ali~l GIANT WHEREAS, the State of Hawaii Department of Transportation, Public Affairs Office -Safe Community Program has authorized funding towards the Hawaii County Police Department's Roadblock Program; and WHEREAS, the goals of this grant program are to reduce the number of alcohol related traffic fatalities and injuries, to increase the public awareness, and to provide a constant deterrence against drunk driving by conducting DUI checkpoints; and WHEREAS, the funds provided by the State of Hawaii Department of Transportation are derived from grants provided by the federal government; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, IT RESOLVE® EY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, the Application for Highway Safety Project Reimbursement Grant, attached hereto and incorporated herein by reference as Exhibit "A" to enable the County to reduce the number of alcohol related traffic fatalities and injuries, to increase the public awareness, and to provide a constant deterrence against drunk driving by conducting DUI checkpoints. 13E IT FURTHER RESOLVE® that the Mayor of the County of Hawaii is authorized to sign the above-referenced agreement and any related documents on behalf of the Office of the Mayor and the County of Hawaii pursuant to the Hawaii County Charter. ~E IT FURT~IER RES®LVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance and Police Departments, and the State of Hawaii Department of Transportation. Dated at Kona ,Hawaii, this 23rd day of January , 2004. INTRODUCED 13Y: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL, ROLL CALL VOTE County of Hawaii Kon~Hawai`i AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on January 23, 2004 HOLSCHUH X JACOBSON X ATTEST X REYNOLDS SAFARIK X TULANG X TYLER X 6 0 3 0 r" Reference C-440/Bill 200/FC d~ COUNTY CLERK CHAII2MAN & PRESIDING OFFICER RESOLUTION NO. APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT :STATE OF HAWAII SAFE COMI~IUNI'I'Y PROGRAM -SAFETY OFFICE FOR SCP-SO USE ONLY PART I (Applicant to Complete) Project Number: AL04-02 (O1-H-02) 1. APPLICANT (Name and Address) Title: HCPD Roadblock_P.rogram Hawaii County Police Department 349 Kapiolani Street Standard Area AL Hilo, Hawaii 96720 - 2. AGENCY UNIT (Name and Address) Effective Date: 10/1/03 Hawaii County Police Department 349 Kapiolani Street Federal Funds Obligated $112,688.00 Hilo, Hawaii 96720 FY Funds 04 Addendum YES X NO 3. DURATION (Month, Day, Year) A_ Grant Period B. Project Period Benefit of STATE X COUNTY From: 10-01-03 From: 10-01-03 - To: 09-30-04 To: 09-30-04 4. LOCATION OF PROJECT 5a. Type of Application {Check Appropriate Item(s) Hawaii County Police Department x Initial Revision Continuation 349 Kapiolani Street - Hilo, Hawaii 96720 5b. REIMBURSEMENT SCHEDULE DESIRED Monthly x Quarterly 6. PROJECT DESCRIPTION (Schedule A) 7. PROJECT OBJECTIVES AND TASKS SIIMMARY FROM SCHB:DULE A The project objectives are to reduce the number of alcohol related fatalities and injuries, increase public awareness, and provide a constant deterrence against drunk driving. 8. BUDGET (Schedule B) 8A. COST CATEGORY Total Expenditures Grant Period. Prior Years Project Period (1) Personal Services $56,600.00 $713,398.00 $769,998.00 (2} Consultant Services $0 SO $0 (3) Commodities $6088.00 $0 $6088.00 (4) Other Direct/Indirect Costs $0 $16,090.00 $0 TOTAL ESTIMATED COSTS (Inc. Non-Fed. Share) $62,688.00 $729,488.00 $792,176.00 8B. SOURCE OF FUNDS C. SPECIFY HOW NON-FEDERAL (1) Federal (100 % of TOTAL) $62,688.00 SHARE WILL BE PROVIDED (2) Applicant Age 9. MILESTONES (Schedule C) lO.AGREEMENT OF UNDERSTANDING AND COMPLIANCI~ (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 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,C & D, which are incorporated herein and made a part of this application. Authorization to proceed with this Highway Safety Project is requested. 11A. PROJE R 11B. AU O ZING FILIAL OF AGENCY UNIT Signature Signature Name LAWRENCE K. MAHUNA Name HARRY KIM Title POLICE CHIEF Title MAYOR Date ~~j 1 ~ Dat e To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 7/14/00 EXHIBIT "A" PART II (Safe Community Program - Safety Office to complete) Project Number: AL04-02(08-H-O1) 1. ADDENDUM (For MVSO Use Only) This grant, project number AL04-02(08-H-O1), entitled Hawaii County Police Department Youth Deterrence Program, has been increased by $29,688, from $33,000 to $62,688.00. The additional funds are carryover that is to be used to purchase equipment that was approved for FFY 2003. 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Administration of the State Highway Safety Program. A. Effective Date October 1, 2003 B. Federal Fund Obligated $62,688.00 C. Approval at l~'1v~7 D. Signature Gnti E_ Name Gordon .K. Hong F. Title Highway Safety Manager EX~II~IT II SCHEDULE A SCHEDULE A HCPD Roadblock Program AL04-02 (01-H-02) MISSION/GOAL The goal of this program is to reduce the number of alcohol related traffic fatalities and injuries, to increase public awareness, and to provide a constant deterrence against drunk driving by conducting DUI checkpoints on our highways. STRATEGIES 1. Establish about 100 sobriety checkpoints with grant funds and 60 sobriety checkpoints with county funds, establishing checkpoints on all major holidays. 2. Affect about 50 arrests for Driving Under the Influence (DUI) of Alcohol or Drugs at grant funded checkpoints and 37 DUI arrests at county funded checkpoints. 3_ Affect approximately 100 arrests for other violations at grant funded checkpoints and 75 arrests at county funded checkpoints. 4. Issue about 250 citations for violations at grant funded checkpoints and 185 citations at county funded checkpoints. 5. Screen an estimated 25,000 vehicles while on grant-funded projects and 15,000 vehicles at county funded checkpoints. 6. Purchase eight 35mm cameras for use by our Traffic Enforcement Unit in alcohol involved traffic crashes involving injuries or fatalities. 7. Purchase six Turboflare Portable Emergency Lighting Kits for use by police officers at DUI checkpoints in each of the eight police districts. 8. Attend Lifesavers traffic safety conference_ 9. Attend annual Drug Alcohol Impaired Driving (DRE) Seminar. 10. Attend four quarterly Statewide Traffic Commanders Meetings. The Statewide Traffic Commanders Coalition has agreed that DUI deterrence and the use of sobriety _checkpoints should be coordinated statewide. SOLUTION/IMPLEMENTATION Police personnel, on overtime, will conduct DUI checkpoints to supplement the DUI enforcement efforts currently conducted by our Department. Officers will attend the Lifesavers Conference, DRE Conference, and Statewide Traffic Commanders Meetings to remain knowledgeable of successful programs, models and best practices, identify new and innovative strategies to reduce traffic deaths and injuries, and to coordinate enforcement efforts on a statewide level and to coincide with National campaigns. Additionally, equipment will be purchased to improve alcohol related fatal crash investigations and prosecutions. EVALUATION The amount of grant funded and county funded DUI checkpoints will be tracked to determine if quantitive measures were obtained. DUI arrests, other arrests, citations issued, equipment purchased and training attended will also be tracked. Statistics of DUI arrests, fatal crashes, fatalities and alcohol related fatal crashes and fatalities will be reviewed over a five year period to determine the effect of this concentrated enforcement. EXIII~IT III SCHEDULE B SCHEDULE B HCPD Roadblock Program AL04-02 (01-H-02} (1) PERSONAL SERVICES Employee Salaries and Benefits $104,400.00* One Police Sergeant and three Police Officers • Salaries and Wages ($504.00 per checkpoint) o $28.00 x 4 officers x 3 hours x 1.5 = $504.00 Air and Surface Travel and Per Diem • Travel-Lifesavers Conference (Out of State Travel) $2500.00* • Travel-DRE Conference (Out of State Travel) $2500.00* • Travel-Statewide Traffic Commanders Meetings (2 $1200.00* Officers x 3 trips x $150.00 = $1200.00) (2) CONSULTANT SERVICES $0 3) COIVIIlVIODITIES • Eight 35mm cameras $1300.00* • Six Turboflare Portable Emergency Li hting Kits $4788.00* (4) OTHER DIRECT/INDIRECT COSTS TOTAL PROJECT COST: $112,688.00* EX~IIBIT IV SCE-IEDULE C SCHEDULE C HCPD Roadblock Program AL04-02 (O1-H-02) MILESTONES Month Activity October-December 2003 Conduct grant and county funded DUI checkpoints, checkpoints to be scheduled during all major holidays. Purchase equipment to improve DUI checkpoint program and alcohol related fatal crash investigations. December 2003 National Drunk & Drugged Driving Prevention Month and You Drink & Drive You Lose Campaign January-March 2004 Conduct grant and county funded DUI checkpoints, check oints to be scheduled during all major holidays. April-June 2004 Conduct grant and county funded DUI checkpoints, checkpoints to be scheduled during all major holidays_ June-July 2003 National You Drink & Drive You Lose Cam aign. July-September 2004 Conduct grant and county funded DUI checkpoints, checkpoints to be scheduled during all major holidays. EXI-II~IT V SCHEDULE D SCHEDULE D Agreement of Understanding & Compliance Project Number: AL04-02 (01-H-02) 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, IIV 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 even[, 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 duected 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 o f 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 applicahle 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 th, 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 whale 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 shalt 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 Skate or applicant agency; however, provisions should be made to obtain for the United Stakes Government, the State Governments and their political subdivisions aroyalty-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 subn-utting 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 ~s 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, 4he 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 oppominity 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 ofDOT-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 Mamial 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 i.INDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S agreement and authorization to proceed as set forth in PART II (2) of this application.