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HomeMy WebLinkAboutRES 156 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 156 0~~ RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA, PURSUANT TO HRS 46-7, FOR ITS LARGE CAPACITY CESSPOOL REPLACEMENT PROJECT FOR HAWAII COUNTY WHEREAS, the United States of America through the United States Environmental Protection Agency (EPA) has authorized funding towards the County's Large Capacity Cesspool Replacement Project for Hawaii County, Phase I; and WHEREAS, the EPA, on December 7, 1999, had promulgated a regulation prohibiting the construction of new large capacity cesspools, and a requirement that all large capacity cesspools must be closed or upgraded by April 2005 to prevent the endangerment of underground sources of drinking water; and WHEREAS, in the County of Hawaii, large capacity cesspools have been utilized by sugar plantations to service camp housing and by commercial properties such as hotels, hospitals, senior centers, shopping centers, etc.; and WHEREAS, the number, location, and physical conditions of these large capacity cesspools are not known; and WHEREAS, this project, which involves working with communities or other entities that presently utilize non-government large capacity cesspools, will create a preliminary inventory of existing and potential large capacity cesspools, conduct an outreach/education program regarding the ban, and assist owners with selecting alternative systems, any necessary paperwork, and possibly identification of funding sources, in the nine (9) County designated districts; 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, RE IT RESOLVED BY 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 Cooperative Agreement, attached hereto and incorporated herein by reference as Exhibit "A", to enable the County of Hawaii to use these funds to create an inventory of large capacity cesspools that will need to be replaced and to educate the owners about the federal ban and their alternatives. RE IT FURTHER RESOLVED 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. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor and the Department of Finance. Dated at xilo ,Hawaii, this 5th day of March 2004. INTRODUCED BY: m COUNCIL MEMBER COUNTY OF AWAI`I COUNTY COUNCIL, ROLL CALL VOTE County of Hawaii Hilo, Hawaii 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 the County of Hawaii on March 5 , 2004 HOLSCHUH X ATTEST JACOBSON X REYNOLDS X SAFARIK / ~ TULANG TYLER X 8 0 1 0 Reference C-501 /FC COUNTY CLERK CHAIItMAN & PRESIDING OFFICER RESOLUTION NO. RECIPIENT'S COPY XP-9796590,-o Pagel ASSISTANCE ID NO. ~~'"E°~°'~v. U.S. ENVIRONMENTAL PRG DOCID AMEND# DATE OF AWARD A PROTECTION AGENCY XP - 97985901 - 0 TYPE OF ACTION MAILING DATE New ,k ~ Cooperative Agreement Ad eM 8NT METHOD: ACHtt RECIPIENT TYPE: Send Payment Request to: County Grants Management Office, PMD-7 RECIPIENT: PAYEE: County of Hawaii County of Hawaii 25 Aupuni Street, Rm 215 25 Aupuni Street Hilo, HI 96720 Hilo, HI 96720 EIN: 99-6000567 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Margarita Hopkins or Dixie Kaetsu Laura Bose Susan Chiu 25 Aupuni Street, Rm 215 75 Hawthorne SVeet, WTR-1 Grants Management Office, PMD-7 Hilo, HI 96720 San Francisco, CA 94105 E-Mall: Chiu.Susan~epa.gov E-Mail: E-Mail: Bose.Laura~epa.gov Phone: 415-972-3674 Phone: 808-961-8369 or 808-961-8211 Phone: 415-972-3538 PROJECT TITLE AND DESCRIPTION WATER INFRASTRUCTURE -LARGE CAPACITY CESSPOOL REPLACEMENT This agreement provides partial EPA funding in the amount of $76,000 for the County of Hawai7s FY-03 special line item appropriation. Pre-award costs are approved back to 11/1/03 in axordance with the application and approved workplan. Phase I of this project will create an inventory of large capacity cesspools that will need to be replaced in the County of Hawaii and will educate the owners about the federal ban and alternatives. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 11/01/2003 - 12/31/2004 11/01/2003 - 12/31/2004 $138,182.00 $138,182.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the otter by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers AssistancrJAmendment to the County of Hawaii for 55.00 % of all approved costs Incurred up to and not exceeding 576.000 for the support of approved budget period effort described in application (including all application modifications) cited In the Project Title and Description alwve, signed 10/20/2003 Included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION /ADDRESS ORGANIZATION /ADDRESS U.S. EPA, Region 9 U.S. EPA, Region 9 Grants Management Office, PMD-7 Water Division 75 Hawthorne Street 75 Hawthorne Street San Francisco, CA 94105 San Francisco, CA 94105 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DrA~TE Alexis Strauss, Director -Water Division El. 1 7 2~U3 .vim j This agreement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In accepting this awartl or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the awartl is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of [his agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, If any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATUR TYPED NAME AND TITLE ~ DATE Harry Kim, Mayor p r`a ~ / C 4- EXHIBIT "A" EPA Funding Information xP-s7sesso,-o Paget FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount Thls Action $ $ 76,000 $ 76,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contrlbutlon $ $ 62,182 $ 62,182 State Contrlbutlon $ $ $ 0 Local Contrlbutlon $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 138,182 $ , 3g, ~ g2 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.606 -Surveys -Studies -Investigations and Consolidated Appropriations Resolution 2003 (PL 40 CFR PART 3, Special Purpose Grants 108.7) Fiscal Site Name DCN FY Approp. Budget PRC Object Slte/Project Cost Obligation / Code Organization Class Organization Deobllgatlon - W9E008 04 E4C 09LOQU7 202881E 4183 - - 76,000 76,000 XP - 97985901 - 0 Page 3 Bud et Summa Pa e Table A - ObJect Class Category Total Approved Allowable (Non-construction) Budget Perbd Cost 1. Personnel $g7,igg 2. Fringe Benefits $15,074 3. Travel $2000 4. Equipment $11,800 5. Supplies $2,800 6. Contrectual $50,400 7. Construction $0 8. Other $8,800 9. Total Direct Charges $138,182 10. Indirect Cosb: % Base $0 11. Total (Share: Recipient QS nn °k Federal 5,5,00 $138,182 12. Total Approved Assistance Amount $7g,pp0 13. Pro ram Income $p XP - 979&5901 - 0 Page 4 Administrative Conditions TERMS AND CONDITIONS NUMBERED 1 THROUGH 12 APPLY. t. An interim Financial Status Report (FSR), Standard Form 269A (Rev. 7/97), covering the period from "projecUbudget period start date" to September 30 of each calendar year shall be submitted to the Grants Management Office, PMD-7, no later than December 31 of the same calendar year. The FSR covering the entire project period shall be submitted within 90 days after the end of the project period (40 CFR Part 31.23(b)). 2. The recipient shall comply with the Single Audit Act and the reporting requirements set forth in OMB Circular A-133. 3. The recipient agrees to complete and submit to the Grants Management Office, PMD-7, a MBE/WBE Utilization Report (EPA Form 5700-52A), within 30 days after the end of the Federal fiscal year, i.e., by October 30 of each calendar year. Negative reports are required. a. In accordance with EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under Federal assistance programs, the recipient agrees to: a) Accept the applicable FY 2002 "fair share" goals negotiated with EPA by the Hawaii Department of Health as follows: MRF WBE Construction 50% 4% Supplies 21% 2% Services 29% 7% Equipment 27% 2% If the recipient does not want to rely on the applicable State's MBE/WBE "fair share" goals, the recipient agrees to submit proposed MBE/WBE "fair share" goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction, services, supplies, and equipment. "Fair share" objectives must be submitted to Joe Ochab, PMD-1, within 30 days of award and approved by EPA no later than 30 days thereafter. b) Ensure to the fullest extent possible that at least the applicable "fair share" objective {see a) above} of Federal funds for prime contracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities. c) Include in its bid documents applicable "fair share" objectives {see a) above}and require all of its prime contractors to include in their bid documents for subcontracts the negotiated fair share percentages. d) Follow the six affirmative steps stated in 40 CFR Section 30.44(b), Section 31.36(e), Section 35.3145(d), or Section 35.6580(a), as appropriate. e) In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBEM/BEs, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the fair share objective. f) Until the recipient has completed its fair share negotiations with EPA, it agrees to apply the main State agency's fair share objectives. Once the recipient has completed its fair share negotiations with EPA, it will apply those objectives. The recipient also agrees to include in its bid documents the applicable FY 2002 "fair Share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the applicable FY 2002 "fair share" percentages and to comply with paragraphs (c) through (e) above. s. The cost principles of OMB Circular A-87 are applicable to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement. s. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. 7. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, the recipient agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate, or in a written statement. The Lobbying and Litigation certification and final Financial Status Report shall be submitted within 90 days after the end of project period. Recipient shall abide by OMB Circular A-87 which prohibits the use of federal grant funds for litigation against the United States. 8. Pursuant to EPA Order 1000.25 and Executive Order 13101, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to Standard Forms. These forms are printed on recycled paper as available through the General Services Administration. Recipient shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. s. Effective October 1, 1994, the recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the Hotel and Motel Fire Safety Act of 1990. to. Payment to consultants. Per 40 CFR Part 31.36Q), EPA will limit its participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors to the maximum daily rate for a GS-18, which is equivalent to level 4 of the Executive Schedule, to be adjusted annuallX. As of January 1, 2003 the daily salary rate is $513.60. Subagreements with firms for services which are awarded using the procurement requirements in this part are not affected by this limitation. Programmatic Conditions In accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et sec EPA is required to conduct an environmental review on the project funded by this grant. Accordingly, the recipient agrees to provide EPA, in a timely fashion, an environmental information document (EID) containing all the necessary information on the project including a written analysis of the alternatives and the environmental impacts of the project. The EID must be of sufficient scope and detail to enable EPA to perform an environmental review under NEPA and other Federal environmental statutes. The recipient agrees not to take any action on the project beyond conceptual design, including but not limited to, beginning the preparation of plans and specifications, purchasing land, advertising or awarding design and/or construction contracts, initiating construction or requesting reimbursement from EPA for costs associated with such actions until such time as EPA has completed its environmental review in accordance with NEPA and 40 C.F.R. Parts 6 and 1500 et sec. Completion of this review will be evidenced by a signed Finding of No Significant Impact (FONSI) or Record of Decision (ROD). The recipient agrees that, upon completion of the NEPA review, design and construction shall be undertaken in accordance with the results of that review, including but not limited to, the implementation of measures EPA identifies as reasonable to mitigate the environmental impacts of the project. EPA reserves the right to unilaterally terminate this grant in the event the recipient fails to comply with this condition, in accordance with 40 C.F.R. Section 31.43. iz. The recipient agrees to provide to EPA Region 9 locational data (i.e. latitude and longitude) for the EPA-funded infrastructure project. The EPA Project Officer will provide further instructions at a later date on how to specifically comply with this requirement. END OF DOCUMENT