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HomeMy WebLinkAboutRES 212 Draft 01 2004-2006 +~r or y~ ~P:~;, 6i;~; COUNTY OF HAWAII STATE OF HAWAII ~rl~•M~~ RESOLUTION NO. 212 ~)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 TRAFFIC INVESTIGATION PROGRAM GRANT WHEREAS, the State of Hawaii Department of Transportation, Public Affairs Office -Safe Community Program has authorized funding towards the Hawaii County Police Department's Traffic Investigation Program; and WHEREAS, the goal of this program is to reduce the number of alcohol related fatalities and injuries, to increase public awareness, and to provide a constant deterrence against drunk driving; and WHEREAS, as part of this program, the Traffic Enforcement Unit officers will be attending courses on Inspection and Investigation of Commercial Motor Vehicle Crashes, Basic Reconstruction of Crash Investigations, and Advanced Reconstruction of Crash Investigation and there will a purchase of four caution warning signs for officers to use while at investigation sites; 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®W, T~IEREF®RE, ~E IT RES®LVED ~Y T~iE COUNCIL ®F TAE C®l1NTY ®F I~a4WAl`I, 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 with the State of Hawaii Department of Transportation (DOT), to enable the County to execute its Traffic Investigation Program as described in their application to the DOT, attached hereto and incorporated herein by reference as Exhibit "A". ~E IT FURT~iER RES®LVhD that the County Clark 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 21st day of Decgtnber , 2005. INTRODUCED SY: 1 GL COUNCIL MEMBER COUNTY OF HAWAII COUNTY C'OUNCII ROLL CALL VOTE County of Hawaii ;1Y1 ~ 'VOI;ti :1I3S I:k Hilo. Hawaii ARA>tAKI X hereby certiYy that the foregoing Rf:50L1 ~l~~ION way by the 111c,A X vote indicated to the right hereof adopted by the ~ OUNC[L of HC>I~I'MANN X the County of Hawaii on >7~~~mh~,r ? 1 , ~~(15-• I lpl_s~ E{t~}{ X I KL D.4 X ATTEST ISE~I~.I:I. X J ACOBSON X PILAGO X tiAI AR1K 9 0 0 0 Kam.. Reference - - COUNTY CLERK CHAIRMAN & PEZESIDING U FICER RESCILUTION 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: PT;16-01 (03-H-0]) 1. APPLICANT (Name and Address Title: HCPD Traffic Investigation Hawaii County Police Depart sie nt 399 :<apiolani Street Sta.~da rd Area Hilo, Hawaii 96720 2. AGENCY UNIT (Name and Addreas) Effactive Date: 10-O1-OS Hawa Li County Pot L^e Department 349 I<apielani Street, Hi 1.~, Haw +ii 96720 Eed~ral Funds Obligated $ PY Funds Addendum YES NO 3. DURATION (Month, Day, Yeari A. Grant Period B. Project Period genafit of STATF COO N'iY From: 1L'-Ol.-U5 prom: 10-O1-OS 'I'o: 09-30-Oh To: ;9-30-06 4. LOCATION OF PROJECT 5a. Type of Application (Check Appropriate Item(s) Hawa ~_i County Police Cepartment_ x Init ial Revision _ _Continuatio? 399 Kapiolani Scx.aet Hilo, Hawaii 9672 ~7 5b. REIMBURSEMENT SCHEDULE DESIRED Monthly x Quarterly 6. PROJECT DESCRIPTION (Schedu-e A) 7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A The project objectives are to reduce the number of alcohol related fatalities and injuries, increase pub li c 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 $11,020.00 (2) Consultant Services $0 (3) Commodities $1,540.00 (9) Other Direct/Indirect Costs $0 TOTAL, ESTIMATED COSTS (Inc. Non-Fed. Share) $12,560.00 BB. SOURCE OF FUNDS $12,560.00 C. SPECIFY HOW NON-FEDERAL (1) Federal (10_0 0 of TO'I AL) SHARE WILL BE PROVIDED (2) Applicant Age 9. MILESTONES (Schedule C) 10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE ;See Schedule D, attached) 11. ACCEPTANCE OF CONDITIONS. It rs understood and agreed by the undeesigned that a reimbursement grant received as a result of this application is subject to Publ_c Law 89-564 (Highway Safety Act of 1966 and all administraCtve regulations yoverning grants es tablishe~i by Lhe O.i. De pe~tment of 7ranspo rtation and the 5tace of Hawaii. Lt ~s expressly agreed that this project cons'_itotes an oEf'.cial part of Lhe Hawaii Highway Safety Program and .hat said appl a-.nC ayenc wi;; meet the req~ cements as s?t rorth herein, rncl ulrng accompanying s~'hedules A, B,C 5 D, whi 'h are iuco~pc~rated her'9n end made a part v[ t us ap pl~cat~on. Au thorizatio~ Lo proceed with rhrs liiyhway Sate [y Pio~ect t= requested. 11A. PROJECT IRECTOR 11B. AUTHO ING FFICIAL OF AGENCY UNIT Signature oignature Name HARRY S. K BOJIR Name -~'`T Tit1c ACTING POLICE CHTti'!' ,'i tle ""~~-Maneging Director D at_e Date 4 '1'o be prepared by app]i::a aC, us~r s'epax ate sheets as required. Form HS 3--/1 Rev. 7/19!00 vvurRTT '~A^ EXHIBIT I APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT HCPD TRAFFIC INVESTIGATION PT06-O1 (03-H-01) EXHIBIT II SCHEDULE A SCHEDULE A HCPD Traffic Investigation PT06-01(03-H-Ol ) MISSION/GOAL The goal of this project is to improve speed and alcohol related fatal traffic crash investigations, prosecution efforts and conviction rates by obtaining updated training and equipment. STRATEGIES 1. Purchase four caution warning signs for officers to use while at investigation sites. 2. Four (4) Traffic Enforcement Unit officers to attend the following courses: • Inspection and hnvestigation of Commercial Motor Vehicle Crashes • Basic Reconstruction of Crash Investigations • Advanced Reconstruction of Crash Investigations SOLUTION/[MVLF,MI;NTATION Implementation of two Leica Total Stations to improve traffic crash scene reconstruction. The East and West areas of the county will each be assigned one unit. Traffic Enforcement Unit officers will attend three to four training sessions to further improve fatal traffic crash investigations. Purchase caution warning signs that will be displayed at traffic investigation sites to enhance officer and public safety. The new equipment and added training will result in improved investigations, prosecution and conviction of impaired drivers involved in fatal traffic crashes. EVALUATION The number of training attended and number of officers attending training will be tracked. An evaluation will be conducted to determine the effects of the training on the quality of alcohol and speed related traffic fatal investigations. Additionally, equipment to improve traffic investigations will be identified and purchased. EXHIBIT III SCHEDULE B SCHEt1ULF. B HCPD Traffic Investigation PTO6-Ol (03-H-01) PERSONNEL _ Emplovee Salaries and Benefits $11,020.00* • 't'ravel- 4 officers to attend 3 5-day training sessions. v Airfare (4 oilicers x $180.00 = $720.00 per training session). o Per Diem (4 officers x $80.00 x 5.5 days = $1760.00 per training session) v Ground 'Transportation (1 vehicle x $50.00 x S.S - days ° $275.00 per training session) _ EQUIPMENT (LIST) _ • Four caution warnin ~_signs w/stands _ $1,540.00* MATERIALS (LIST) _ _ $0 OTHERS _ $0 TOTAI. PROJECT COST: ~ $12,560.00* EXHIBIT IV SCHEDULE C SCHEDULE C HCYD Traffic Investigation P"I 06-01(03-H-01) MILT?STONES Month /lctivity October-December 2005 Complete training and implement two Leica 'iota! Stations. Use of amts in fatal crash investigations. October 2005-September 2006 Traffic Enforcement Unit officers will attend three to four traffic investigations courses during the grant period. These courses have 6ecn budgeted but not yet scheduled. EXHIBIT V SCHEDULE D SCHEDULE D Agreement of Undersanding & Compliance Project Number: PT06-01(03-H-0I) THIS AGREEMENT' made and entered into by and between the S"GATE 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 oC 1906 (Public Law 89-564) provides Federal fonds to the STATE for approved highwav 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 STATF,S DEPARTMENT OF TRANSPORTATION, and WHEREAS, S"fA"FE is obligated to reimburse the UNITED STA"FES DEPARTMENT OF TRANSPORTAPION out of its funds for any ineligible or unauthorized expenditures Cor which Federal funds have been claimed and payment received, and WI-IEREAS, the above name 4PPLICANT has submitted an application for Federal funds for highway safety projects. NOW. TI IEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND O"I"HER 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 S"fA1'E 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 STA"FE 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 'Fables 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 APPLICAN"C in instalhnents, S"FATE 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. [I. Property Agreement A. It is mutually agreed and promised that the APPLICANT shall immediately notify the STATE it any equipment purchased under this project ceases to be 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 I lighway 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 directed by STATE. B. It is mutually agreed and promised by the APPLICANT that no purchased equiprent 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, am' equipment purchased ~~nderthis project. III. Applic~+tiun of Hatch Act A. It is mutually agreed :md 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 [he Hatch Act [5 U.S.C. I I SK (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 [his application submitted under the Highway Safety Act of 1966, hereby gives its assurance [hat 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, a~ a condition to receiving approval of this application, it will be subject to, and will comply with, Title VI of the Civil Eights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-d Qtereinafter referred to as the Act), and all applicable requirements pursuant to the Regulations of the llepartment of Commerce (Title I5, Code of Federal Regulations, Part S, which have been adopted by the Department of Transportation, and hereinafter referred to as the Regulations), [o 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 that if the APPLICAN"f fails or refuses to comply with its undertaking as se[ forth in these provisions, the STATE of the UNITED S"i'ATES DEPARTMENT OF TRANSPOR"fAT1pN may take any or all of these following actions. (I) 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 the lailure or refusal occurred until satisfactory assurance of future compliance ha, 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. t3. It is mutually agreed and promised ti~at the APPLICANT will either revise this project or revise uny 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 [IAWAII 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 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, to the project in accordance with OMB Circular A-87 (FMC 74-7) or A-21, as applicable and NHTSA/FH WA Order 460-4/7510.1. VII. Copyrights and Patents A. It is mutually agreed that any copyrightable maCerials produced in the course of a project may be 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 Uovernment, 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 certitication set out below. 3. The certification in this clause is a material representation of tact 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 to other remedies available to the Federal goverment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or dobnrment. 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 certifcation was erroneous when submitted or has become erroneous by reason of changed circumstances. ~t. "fhe terms covered transaction, "debarred," "suspended,° "ineligible," "lower tier covered transaction," "participant," "person,° "primary covered transaction," "principal," "proposal," and "voluntarit} excluded," as used in Chis clause, have [he meanings set out in the Definition and Coverage sections of d9 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall net knowingly enter into any lower tier covered transaction with a person who is proposed for debarrnent under 48 CFR Part9, subpart 9.d, debnired, suspended, declared ineligible, or voluntarily excluded from particpation in this covered transaction, unless authorized 6y 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 Exclwion --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 Ibr 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. 'Fhe knowledge and information of a participant is not required to exceed [hat which is normally possessed by a pi udent person in the ordinary course of business dealings. 9. Except for transac lions 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 CPR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition [o other remedies available to [he 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'Pier Covered Transactions 1. 'I"he 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, m' voluntarily excluded from participation in this Lransaction 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 Kequirements It is [he policy of the Deparhnent of Transportation that minority business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity [o 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 CF'R Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perfarm contracts. Kecipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. XL Requirements A. It is mutually agreed and promised that the applicant shall follow [he State and Federal requirements and guidelines se[ forth in the Slate of Hawaii Project Procedures Manual as amended. All project expenditure records are to be retained fora[ 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 UNDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S agreement and authorization to proceed as set forth in PART 11 (2) of this application. PART II (Safe Community Program - Safety Office to complete) Project Number: PT06-Ol (03-H-O1) 1. ADDENDOM (For MVSO Use Only 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official kesponsible to Governor for Administration of the States Highway Safety Program. A. Effective Date 10/1/0` B. Federal Fund Obligated $12,560.00 C'. Approval Da I~~/y~/~''~ D. Signatu G,v E. Name G do .K. n, F. Title Hig y Safety ana er