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HomeMy WebLinkAboutRES 248 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 248 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 REPEAT OFFENDERS PROJECT 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 Repeat Offenders Project; and WHEREAS, this grant funds will be used to reduce major crashes and fatalities involving drivers with no valid driver's license; and WHEREAS, this project will consist of checkpoints, courthouse sting operations and zero- tolerance enforcement; 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 Repeat Offenders Project as described in the Application for Highway Safety Project Reimbursement Grant, attached hereto and incorporated herein by reference as Exhibit "A". ~E IT FURTO~ER RES®LVE~ 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 xilo ,Hawaii, this loth day of November , 2004. INTRODUCED BY: COUNCIL MEMBER, COU OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CxuNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County ofHawai`i on November 10, 2004 HoLSCHUH X ATTEST JACOBSON X REYNOLDS X SAFARIK X TULANG TYLER Reference C-795/Bill 345/F+C-329 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. EXHIBIT "A" APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFETY OFFICE FOR SCP-SO IISE ONLY PART I (Applicant to Complete) Project Number: ALOE-02 (09-H-O1) 1. APPLICANT (Name and Address) Title: HCPD Repeat Offenders Project Hawaii County Police Department 349 Kapiolani Street Standard Area AL 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 $16,800.00 3. DURATION (Month, Day, Year) FY Funds OS Addendum YES X NO A. Grant Period B. Project Period - From: 10-01-04 From; 10-01-04 Benefit of STATE X COUNTY To: 09-30-OS To: 09-30-OS 4. LOCATION OF PROJECT Sa. Type of Application (Check Appropriate Item(s) Hawaii County Police Department x Initial Revision Continuation 349 Kapiolani Street Hilo, Hawaii 96720 Sb. REIMHURSEMBNT SCHHDULH DESIRED Monthly x Quarterly 6. PROJECT DHSCRIPTZON (Schedule A) 7. PROJHCT OBJECTIVES AND TASKS SIIt~AfARY FROM SCHHDIILH A The project obJ~ectives are to reduce major traffic crashes and fatalities involving drivers with no valid driver's licenses. 8. BUDGET (Schedule B) 8A. COST CATHGORY Total Expenditures Grant Period Prior Years Project Period (1) Personal Services $16,800.00 $0 $16,800.00 (2) Consultant Services $0 $0 $p (3) Commodities $0 $0 $0 (4) Other Direct/Indirect Costs $0 $0 $p TOTAL ESTIh(ATED COSTS (Inc. Non-Fed. Share) $16,800.00 $0 $16,000.00 8B. SOURCE OF FIINDS C. SPECIFY HOW NON-FEDERAL (1) Federal (100 & of TOTAL) $16,800.00 SHARH WILL BE PROVIDHD (2) Applicant Age 9. MILESTONES (Schedule C) 10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE (See Schedule D, attached) 11. ACCEPTANCE OP 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 o° Transportation and the State of Hawaii. IC 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 h=rein and made a part of this application. Authori±at ion to proceed with this Highway Safety Project is requested. 11A. PRO CT DIRECTOR 11B. AUTHORI NG O FZCIAL OF AGENCY D2TIT Signature Signature Name S. O R Name HARRY KIM Title ACTING POLZC EF Title MAYOR Date AU Date To be prepared by applicant, use separate sheets as required. Form HS 3-71 P.ev. 7/14/00 SCHEDULE A HCPD Repeat Offenders Project ALOS-02(09-H-02) MISSION/GOAL The goal of this project is to reduce major traffic crashes and fatalities involving drivers with no valid driver's licenses. STRATEGIES 1. 50 checkpoints and courtroom sting operations will be conducted. Checkpoints will consist of traffic enforcement to increase contact with motorists and identify unlicensed drivers. The courtroom stings will consist of plain-clothed officers sitting in the courtroom during traffic court and notifying uniformed officers of unlicensed drivers leaving court and attempting to drive away from the courthouse. 2. Citations or arrests will be initiated on 100% of the violators contact during enforcement projects. Traffic and regulatory citations will also be issued and outstanding arrest warrants served. SOLUTION/IMPLEMENTATION Police personnel, on overtime, will conduct a comprehensive enforcement program in the South Hilo, Puna and Kona districts. This program will consist of checkpoints, courthouse sting operations and zero-tolerance enforcement. EVALUATION The amount of grant funded projects; citations and arrests will be tracked to determine if quantitive measures were obtained. Arrest and motor vehicle crash statistics will be reviewed to determine if the ratio of arrested impaired drivers with no license and the crash rate of unlicensed drivers are reduced. EXHIBIT III SCHEDULE B SCHEDULE B HCPD Repeat Offenders Project ALOS-02(09-H-02) PERSONNEL Employee Salaries and Benefits $16,800.00* One Police Sergeant and three Police Officers • Salaries and Wages ($504.00 per project) o $28.00 x 4 officers x 3 hours x 1.5 = $336.00 EQUIPMENT (LIST) $0 MATERIALS LIST) $0 OTHERS $0 TOTAL PROJECT COST: $16,800A0* EXHIBIT IV SCHEDULE C SCHEDULE C HCPD Repeat Offenders Project ALOS-02(09-H-02) MILESTONES Month Activity October-December 2004 Meet with Prosecutor's Office regarding court room sting operations. Determine if there are any legal issues or concerns. January-March 2005 Conduct checkpoints and court room sting operations in the South Hilo and Puna districts. Identify any concerns or roblems with operations. April-June 2005 Continue checkpoints and operations in South Hilo and Puna. Ex and operations to Kona District. July-September 2005 Continue checkpoints and operations. Conduct review of program to determine effectiveness. EXHIBIT V SCHEDULE D SCHEDULE D Agreement of Understanding & Compliance Project Number: ALOS-02(09-H-Ol) 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 to various state, county or municipal agencies or governments or political subdivisions upon application and approval by STA"fE 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, [he 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. [t 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 Chaos 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 [he project agreement In such even[, APPLICANT further agrees [o either give credit to [he project cost or to another active Highway Safety project for the residual value of such equipment in an amount [o be determined by [he STATE, or to transfer or otherwise dispose of such equipment as directed by STATE. B. It is mutually agreed and promised by [he APPLICANT that no purchased equipment under this project will be conveyed, sold, salvaged, transferred, etc. without the express written approval of the STATE. C. I[ is mutually agreed and promised that [he 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 l2 (a) of [he Hatch Act [5 U.S.C. 118K (a)]. N. Equal Opportunity A. tt 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 [he Age Discrimination Ac[ of 1975, the APPLICANT, as a condition to receiving approval of this application submitted under the Highway Safety Ac[ 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 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 [hat 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 [he 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 APPL[CANT shall apply all proceeds or credits generated under the project, such as but no[ 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 maybe [he property of [he Stale or applicant agency; however, provisions should be made to obtain for the United Stales Govemment, the Stale Govemments 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 Govenunent, the State Governments and their political subdivisions. VIII. Certification Regarding Debarment and Suspension A. Instmctions for Certification 1. By signing and submitting [his proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in [his clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that [he prospective lower tier participant knowingly rendered an erroneous certification, in addition [o 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 [o 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 [o whom this proposal is submitted for assistance in obtaining a copy of [hose regulations. 5. The prospective lower tier participant agrees by submitting [his proposal [hat, should the proposed covered transaction be entered into, i[ 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 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 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 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 pendent 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 deparhnent 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 - LowerTier 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 [o any of the statements in this certification, such prospective participants shall attach an explanation to [his proposal. X. Minority Business Enterprise Requirements is [he 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, [he 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 [ha[ [he 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 aze to be retained for at leas[ 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 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: ALOS-02 (09-H-01) 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 $16,800.00 C. Approval D to 9lP~o D. Signatur ~ E. Name Gor K.K. Hong F. Title Highway Safety Manager