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HomeMy WebLinkAboutRES 245 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 245 04 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, PURSUANT TO HRS 46-7, FOR A DATA GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT WHEREAS, the State of Hawaii Department of Transportation, Public Affairs Office -Safe Community Program has authorized funding towards the Hawaii County Police Department's Data Grant Program; and WHEREAS, this grant funds will be used to initiate activities such as legislation that affects electronic data transfer and the implementation of Hawai'i's statewide data system; and WHEREAS, statewide traffic commanders and other stakeholders will participate in monthly meetings of the traffic data records committee to address these data issues; 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, BE 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, an agreement and related documents, to enable the County to execute its Data Grant Program as described in the Department of Transportation's award letter, attached hereto and incorporated herein by reference as Exhibit "A". ~Im IT FURTHER IaES®L,VEID 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. Dated at Hilo ,Hawaii, this 20th day of october , 2004. INTROD BY: COUNCIL. MEMBER, OUNTY OF AWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI 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 October 20 , 2004 HOLSCHUH X ATTEST JACOBSON X REYNOLDS SAFARIK X TULANG X TYLER X 9 0 0 0 G/~~/1iJ. i(JB~v~ Reference C-783/B-340/FC-327 ~-'g~i COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ LINDA LINGLE tE-~-` ~^y; sss RODNEV K. HARAGA 4 ! a ~ GOVERNOR '+%,.4,~'Y.f~ DIRECTOR ~ Depuly Directors A~ BRUCE Y. MATSUI ~~o~.o aao~^p LINDEN H. JOESTING BRIAN H. SEKIGUCHI STATE OF HAWAII DEPARTMENT OF 7RANSPO RTATION IN RERLY REFER To. 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 HWY-V 9.0366 September 17, 2004 Chief Lawrence Mahuna Hawaii County Po]ice Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chief Mahuna: Enclosed for your action is a copy of the approved highway safety reimbursement project No. TROS-03 (04-H-O1), entitled "Hawaii County Police Department Data Grant." A total of $10,000.00 has been obligated to the project. The grant funds will be used to initiate activities such as legislation that affects electronic data transfer and the implementation of Hawaii's statewide data system. Progress reports must be submitted quarterly within 15 days (ending May, August and November) and a final report must be submitted within thirty days of the end of the grant period. Reimbursement claims must be submitted in accordance with the agreement (monthly or quarterly) by the 20th of the month following the claim period. A claim must be submitted even if no expenditures were made. The project is subject to the audit requirements of the Office of Management and Budget (OMB) A-133, Audit of State/Local Government &Non-Profit Organizations. Note that the Department/Program Number and Title with which this project should be associated in the Schedule of Federal Assistance should be associated in the Schedule of Federal Assistance Programs section of your single agency audit report are: Department of Transportation/20.600 -State and Community Highway Safety Program. A copy of all audit reports covering the grant period must be sent to the Department of Transportation -Safe Community Program, 869 Punchbowl Street, Room 405, Honolulu, HI 96813. EXHIBIT "A" Chief Lawrence Mahuna HWY-V 9.0366 Page 2 September 17, 2004 Within 60 days of the date of project approval, the Safe Community Program should be advised of your cognizant Federal audit agency and of when you anticipate the audit report(s) covering the period of this grant to be issued. Very truly yours, , ALEXANDER K. KAONOHI, JR. MMotor Vehicle Safety Administrator Enclosure APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFETY OFFICE FOR SCP-SO IISE ONLY PART I (Applicant to Cosplete) Project Number: TROS-03 (04-H-O1) 1. APPLICANT (Name and Address) Title: HCPD DATA GRANT Hawaii County Police Department 349 Kapiolani Street Standard Area TR Hilo, Hawaii 96720 2. AGENCY UNIT (Name and Address) Effective Date: 10/1/04 Hawaii County Police Department 349 Kapiolani Street, Hilo, Hawaii 96720 Federal Funds Obligated $10,000.00 3. DURATION (Month, Day, Year) FY Funds p5 Addendum YES NO A. Grant Period B. Project Period From: 10-01-04 From: 10-01-04 Benefit of STATE g COUNTY To: 09-30-OS To: 09-30-09 4. LOCATION OF PROJECT Sa. Type o£ Application (Check Appropriate Item(s) Hawaii County Police Department x Initial Revision Continuation 349 Kapiolani Street Hilo, Hawaii 96720 Sb. REIMBIIRSEMENT SCHHDIILE DESIRED -Monthly x Quarterly 6. PROJECT DHSCRIPTION (Schedule A) 7. PROJECT OBJHCTIVES AND TASKS SIII~PSARY FROM SCHEDULH A The project objectives are to reduce fatalities and injuries to front seat occupants, and rear seat occupants aged 17 and under, of motor vehicle collisions by improving awareness of state laws. 8. BUDGHT (Schedule B) SA. COST CATEGORY Total Expenditures Grant Period Prior Years Project Period (1) Personal Services $10,000.00 $0 $10,000.00 (2) Consultant Services $0 $0 $0 (3) Commodities $0 $0 $0 (4) Other Direct/Indirect Costs $0 $0 $0 TOTAL ESTIMATED COSTS (Inc. Non-Fed. Share) $10,000.00 $0 $10,000.00 BB. SOIIRCE OF FUNDS C. SPECIFY HOW NON-FHDHRAL (1) Federal (100 ~ of TOTAL) $10,000.00 SHARH WILL BE PROVIDED (2) Applicant Age 9. MILHSTONHS (Schedule C) 10. AGREEMENT OF DNDHRSTANDING AND COMPLIANCE (See Schedule D, attached) 11. ACCEPTANCH 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 B9-564 (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 6 D, which are incorporated herein and made a part of [his application. Authorization to proceed with this Highway Safety Project is requested. 11A. PROJ CT DIRECTOR 11B. AUTHOR ZNG OFFICIAL OF AGENCY DNIT Signature Signature Name RY O IR Name HARRY KIM Title ACTING POLICE CHIEF Title- MAYOR Date 1 2004 Date To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 7/14/00 SCHEDULE A HCPD Data Grant TROS-03(04-H-O1) MISSION/GOAL The goal of this program is to initiate activities such as legislation that affects electronic data transfer and the implementation of Hawaii's statewide data system. STRATEGIES 1. Participate in monthly traffic data records committee meetings. SOLUTION/IMPLEMENTATION Statewide traffic commanders and other stakeholders will participate in monthly meetings of the traffic data records committee to address legislation that affects electronic data transfer and the implementation of Hawaii's statewide data system. EVALUATION Progress towards the implementation of Hawaii's statewide data system will be reviewed by the Department of Transportation to determine the effectiveness of the committee. EXHIBIT III SCHEDULE B SCHEDULE B HCPD Data Records TROS-03(04-H-Ol) 1 PERSONAL SERVICES Employee Salaries and Benefits and $10,000.00* Air and Surface Travel and Per Diem • Police Sergeant salaries and wages • Travel to attend data records committee meetin s. (2) CONSULTANT SERVICES 3) COMMODITIES 4) OTHER DIRECT/INDIRECT COSTS TOTAL PROJECT COST: $10,000.00* EXHIBIT IV SCHEDULE C SCHEDULE C HCPD Roadblock Program TROS-03(04-H-01) MILESTONES Month Activity October 2004-September 2005 Attend traffic data records committee monthly meetings. EXHIBIT V SCHEDULE D SCHEDULE D Agreement of Understanding & Compliance Project Number: TROS-03(04-H-01) 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 [o 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 [o 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: 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 Ligh[ing/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 [o be used in the manner as set forth by [he project agreement. In such event, APPLICANT further agrees to either give credit [o the project cost or to another active Highway Safety project for the residual value of such equipment in an amount [o be detemuned 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 [hat 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 [ha[ [he APPLICANT shalt maintain or cause [o 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 [he 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 Ac[ [5 U.S.C. 1 l8K (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 [he 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, i[ 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 [o as the Act), and all applicable requirements pursuant to the Regulations of the Departtnen[ of Commerce (Title 15, Code of Federal Regulations, Part 8, which have been adopted by the Department of Transportation, and hereinafter refereed [o as the Regulations), to the end [hat, in accordance with the Act and the Regulations, no person m 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 [hat if the APPLICANT fails or refuses to comply with its undertaking as set forth m 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 m 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 [he 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 [hat the APPLICANT shall apply all proceeds or credits generated under [he 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-2 t, as applicable and NHTSA/FHWA Order 460-4/75 t0.1. VII. Copyrights and Patents A [t is mutually agreed that any copyrightable materials produced in the course of a project maybe 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 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. Instmctions 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 [he Federal government, [he deparhnent 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 [o [he 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 transactioq "debarred," "suspended," "ineligible;' "lower tier covered transaction," "participant," "person," "primary coveted transaction," "principal;' "proposal," and "voluntarily excluded," as used in [his clause, have the meanings set out in [he 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, debared, suspended, declared ineligible, or voluntarily excluded from participation in [his 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 i[ 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 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 List of Parties Excluded from Federal Procurement and Non-procurement List. 8. Nothing contained in the foregoing shall be construed [o require establishment of a system of records in order to render hl 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 ptudem[ 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, 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 debarrtrent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where [he 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 [o 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 Stale and Federal requirements and guidelines set forth in [he State of Hawaii Project Procedures Manual as amended. All project expenditure records are to be retained for at (east three years after the date of [he final expenditure report. XII. Authorization to Proceed A. It is mutually 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 m PART II (2) of this application. PART II (Safe Community Program - Safety Office to complete) Project Number: TROS-03 (04-H-O1) 1. ADDENDUM (For MVSO Use Only) 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Administration of the State Highway Safety Program. A. Effective Date 10/1/04 B. Federal Funds Obligated $10,000.00 C. Approval Da e ~ 1 ~/~7 D. Signature E. Name Gord Hong F. Title Highway Safety Mana r