HomeMy WebLinkAboutRES 211 Draft 01 2004-2006 ,,J~SY os N~
COUNTY OF HAWAII ~ STATE OF HAWAII
r~ oi~N~Y`
RESOLUTION NO. 211 f}5
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, these grant funds will be used to continue 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, data will be inputted into the Records Management System so that electronic data
can be shared; 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.
N®Oi00, ~`I~~R~F®R~, IT R~S~~V~D ~Y TO~~ CC3UNCIln T'la C®l1NTY ~F E-9aAV~i~~l`I,
in accordance with section 46-7, I-lawai'i Revised Statutes, that the Mayor of the County of Hawaii is
authorized to execute, on behalfi of the County, an agreement and related documents with the State
of Hawaii Department of Transportation (DOT), to enable the- County to execute its Data Grant
Program as described in their application to the DOT, attached hereto and incorporated herein by
reference as Exhibit "A".
IT I°l1RT~i~I~ ~ESO~~ID 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 , I-lawai`i, this 21st day of `~ecember , 2005.
INTRODUCED ~Y:
o~
c _
COUNCIL MEMBER, COUNTY OF d°iAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of ;-lawai`i
AYES NOES ABS EX
Hilo, Hawaii
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the H[CA
vote indicated to the right hereof adopted by the COUNCIL of HO FMANN X
the County of I-Iawai`i on Deceriber 21, 2005 HOLSCHUH X
IKEUA X
ATTEST ISI3LLL X
.IAC OBSON X
P[L.,AGO X
SAFARIK X
9 0 0 0
Reference C-556/FC -19 5
COUNTY CLERK CI [AIRMAN RESIDING ' F ICER RESOLUTION NO.
APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT
STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFETY OFFICE
FOR SCP-SO USE ONLY
PART I
(Applicant to Complete) Project Number:
1. APPLICANT (Name and Address) Title: HC PD D'A TA GRANT
Hawaii County Police Department
399 Kapiolani Street Standard Area
Hilo, Hawaii 96720
2. AGENCY UNIT (Name and Address) Effective Date:10-1-OS
Hawaii County Police Departme~it
399 Kapiolani Street, Hilo, He:waii 96720 Federal Funds Obligated $
FY Funds Addendum YES NO
3. DURATION (Month, Day, Year]
A. Grant Period B Project Period Benefit of STATE COUNTY
Erom: 10-O1-OS From: 10-O1-OS
To: 09-30-06 To: 09-30-06
4. LOCATION OF PROJECT 5a. Type o£ Application (Check Appropriate Item(s)
Hawaii County Police Departments x Initial _,_Revision `Continuation
349 Kapiolani Street
Hilo, Hawaii 96720 Sb. REIMBURSEMENT SCHEDULE DESIRED
_ Monthly x Quarterly
J
6. PROJECT DESCRIPTION (Schedule A)
7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A The project objectives are to
establish a statewide traffic data system and to ensure compliance with national
standards.
8. BUDGET (Schedule B)
y
8A. COST CATEGORY Total
Expenditures
Grant Period Prior Years Project Period
(1) Personal Services $10,000.00 $0
(2) Consultant Services $0 $0
(3) Commodities SO $0
(4) Other Direct/Indirect Costs $20,000.00 $0
TOTAL ESTIMATED COSTS (Inc. Non-Fed. Share) $30,000.00 $0
BB. SOURCE OF FUNDS C. SPECIFY HOW NON-FEDERAL
(1) Federal (100 0 of TOTAL) $30,000.00 SHARE WILL HE PROVIDED
(2) Applicant Age
9. MILESTONES (Schedule C)
10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE (See Schedule D, attached)
11. ACCEPTANCE OF CONDITIONS. IC is understood and agreed by the undersigned that a reimbursement grant received as a
result of Phis application is subject to Public Law 89-564 (Highway Safety Act of 1966) and all administrative
regulations governing grants established by the U. S. Dep, -tment of Transportation and the State of Hawaii. Lt 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 th.s application. AuthoYization to proceed with this Highway Safety Project is
requested.
11A. PROJECT IRECTOR 11H. AUTHO I ING OFFICIAL OF AGENCY UNIT
Signature Signature
Name HARRY IIOJIRI Narne ~+-AR~RT-K3 P9-IHXIE KAETSl7
Title ACTING POLICE CHIEF Title $t&Y$R~~y~'yfg DireCFQr
Date Date ~CI 4
To be prepared by applicant, use separate shee±s as reyu fired. Form HS 3-71 Rev. 7/19/00
EXHIBIT "A"
EXHIBIT I
APPLICATION FOR HIGHWAY SAFETY PROJECT
REIMBURSEMENT GRANT
HCPD DATA GRANT
EXHIBIT II
SCHEDULE A
SCHEDULE A
1 iCPD Data Grant
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.
2. Implement data input into current RMS Systern so that electronic data can be shared.
SOLUTION/IMPLEMENTAT[ON
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
(1) PERSONAL SERVICES
Employee Salaries and Benefits and $ ] 0,000.00*
Air and Surface Travel and Per Diem
• Police Sergeant andlor Officer salaries and wages
• Travel to attend data records committee meetings.
(2) CONSULTANT SERVICES
(3) COMMODITIES _
(4) OTHER D[RECT/INDIRECT COSTS
• Input new data into current RMS system $20,000.00
TOTAL PROJECT COS $30,000.00*
EXHIBIT IV
SCHEDULE C
SCHEDULE C
HCPD Roadblock Program
MILESTONES
Month Activity
October 2005-September 3006 Attend traffic data records committee monthly
meetings.
October 2005- September 2006 Complete implementation of data input into current
RMS Svstem
EXHIBIT V
SCHEDULE D
SCHEDULE D
Agreement of Understanding & Compliance
Project Number.
THIS AGREEMENT made and entered into by and between the S FATE 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 1965 (Public Law 89-564) provides Federal funds to [he
STATE for approved highway safety projects, and
WHEREAS, STATF, may make said funds available to various state, county or municipal agencies or
govermnents or political subdivisions upon application and approval by STATE and the UNITED STATES
DEPAR'FMGN'C OF T[2ANSPORTA"PION, and
WHEREAS, STATE is obligated to reimburse the UNITED STATES DEPARTMENT OF
"PRANSPORTATION out of its funds for any ineligible or unauthorized expenditures for which Federal
funds hove 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 oz 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 FilingC:~binets Pictures, Wall Clocks
Shelving Floor Coverings Draperies
Coat Racks Office Planters Fixed LightinglLamps
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.
ll. 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 he 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 [o 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 STA"fE.
C. It is mutually agreed and promised that the APPLICANT shall maintain or cause to be maintained
for its useful life, any equipment purchased :Oder this project.
[tI. Application of Hatch Act
A. I[ is mutually agreed and promised [hat [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 grans under [he Highway Safety Act of 1966, of [he
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 [o [he requirements of Section 22 (a) of the
Federal-Aid Highway Act of 19ti8, Section 504 of [he Rehabilitation Act of 1973 (29 U.S.C. 794),
and the Age Discrimination Act of 1975, the APPLICANT, as a condition [o 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 Safely 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 Pights 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 [o 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 [o as the
Regulations), to [he end that, in accordance with the Act and [he Regulations, no person in [he
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 Safely Program or project.
B. Il is mutually agreed and promised [hat if the APPLICANT fails or refuses [o 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 part the agreement, contract, or other an'angement
with respect to which the failure or refusal occurred; and
(2) Refi~ain 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 l:m~d Expenditures
A. I[ is mutually agreed ~~nd promised that the APPLICANT has no ongoing or completed projects
under agreement witlt any other Federal fiord source which duplicate or overlap any work
contemplated or described in this project.
Q. his muhtally agreed and promised that the APPLICANT will either revise this
projector 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 ILa WAIL For any such duplicate expenditures for which Federal
grant funds have bcen 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 shall 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, [o 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 copyrigh[able materials produced in the course of a project may be
the property of the Slate or applicant agency; however, provisions should be made to obtain for the
United S[a[es Government, the Slate Governments and their political subdivisions aroyalty-free
nonexc{usive, and irrevocable license to use in any manner such copyrightable material.
6. 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.
Vlll. Certification Regarding Debarment and Suspension
A. Instructions for Certification
I. 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, [he department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time th-e 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," "tower 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 pefinition
and Coverage sections of 4J CPR 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 Vansaction with a person who is proposed for debarment under 48 CFR Part9,
subpart 9.4, debased, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless auihonzed 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 [he 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 CFI: 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, [he department or agency with which [his transaction
originated may pursue available remedies, including suspension and/or debarment.
IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -
Lower Tier Covered Transactions
I. The prospective lower tier participant certifies, by submission of [his 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
deparhnent 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. Minorjty Business Enterprise Requirements
It is the policy of [he 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
MBF„ requirements of 49 CFR Part 23 apply to this agreement.
fhe 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. 1[ 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. All project expenditure records are [o be retained for a[ least three years after the
date of the final expenditure report.
X11. Authorization to Proceed
A. It is mutually agreed between the STATE and the APPLICAN"r that this AGREEMENT OF
UNDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S
agreement and authorization to proceed as set forth in PART fl (2) of this application.
PART II (Safe Community Program - Safety Office to complete)
Project Number: 'PR06~03 (03-H-Ol)
1. ADDENDUM (For MVSO Use On 1y~
2. AGREEMENT AND AUTHORIZATION PO PROCEED by State Official Responsible to Governor for
Administration of the State Highway Safety Program.
A. Effective Date 10/1/0'>
B. Federal Funds Orbli atE• $30,000.00
C. Approval Da 6~
D. Signature
E. Name G do K K. Honq
F. Title Hi ay afety Clana_ e -