HomeMy WebLinkAboutCOM 0603.000 2004-2006 Mir or q4
Hang Kim ~ ~~n1~~ William Takaba
V~n~m~ ~ _ 4' Direcmr
Nancy E. Crawford
ij•: DepvlP l)rrPClnr
i
County of Hawaii
Finance Department
3? /wpmil ~4recL Rnum I IS • I lily I luuaii 96720
(808)961-R?33 . Fux (808)961-x238
December 19, 2005
Stacy K. Higa, Chairperson and
Members of the Hawaii County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Operating Budget
The National Oceanic and Atmospheric Administration of the United States Department of Commerce is
providing additional funding for the Planning Department's Coastal Zone Management (CZM) work
program for this fiscal year. The additional funds will be used to 1) undertake a review and revision of
the County Subdivision Code to incorporate green infrastructure principles and reduce environmental
impact, 2) review existing codes to determine whether amendments are needed to promote
environmentally-sensitive design in agricultural and rural areas, 3) continue to support the downtown
Hilo community visioning project by facilitating the development of the implementation process and tools
to evaluate and measure progress of the living action plan against smart growth principles, 4) replace
(purchase) equipment necessary for field surveys, meetings, presentations, field inspections, and
enforcement of shoreline areas, and 5) attend workshops and/or conferences related to the CZM
Program.
Enclosed is a bill for an ordinance amending the Operating Budget by appropriating an additional
$101,138 into the CZM expenditure account. The CZM revenue accounts are being amended to reflect
the proper proportion of the funding between the State and Federal as they are different than what was
previously budgeted.
If there are any questions, please do not hesitate to call the Planning Department.
~i z
William Tak ba
Director of Finance
APPROVED:
A;
~ ~Y
Harry Kim
Mayor
Enc.
cc: Planning Comm. No.
Ref. To: Ff_
~LQfI tq3~ Hawai i County is an Equal Opportunity Provider and Employer Ref. Date n f l . 2 n ?~~~1 _
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: PLANNING DATE: 12/1/05
STAFF CONTACT: Alice G. Kawaha PHONE: 961-8288, Ext. 203
A. REQUEST:
To appropriate an additional $101,138.00 under Coastal Zone Management (CZM),
Account Number 141.5141.34
Federal $ 146,246.00
State $ (45,108.00)
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The National Oceanic and Atmospheric Administration of the United States Department of Commerce has
provided additional funds for the Coastal Zone Management (CZM) work program for FY 2005-2006. One
half of the additional funds will be used to undertake a review and revision of the County Subdivision Code to
incorporate green infrastructure principles and reduce environmental impact, and to review existing codes to
determine whether amendments are needed to promote environmentally-sensitive design in agricultural and
rural areas. These additional funds will also be used to continue to support the downtown Hilo community
visioning project by facilitating the development of the implementation process and tools to evaluate and
measure progress of the living action plan against smart growth principles. Funds will also be used to
replace (purchase) equipment necessary for field surveys, meetings, presentations, field inspections, and
enforcement of shoreline areas. The additional funds included attending workshops and/or conferences
related to the CZM Program.
'DEC 1 4 1005
SIGNED: -----~__~U DATE:
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GRANT SUMMARY
(Supplement to B-52, Request for Council Action)
Cype of Grant Appropriation bein = re uested: New or an additional a ro nation)
? New (for this liscal year period). OR ® Additional appropriation (to an existing grant);
/s a dru~l agreenenl a~lnrhed? Has the original xran/ no(i~iCalion heen [rnnsmi!!ed to
j ? 7"es ? No Council? ? Yes ®No
Name of Grant Program: Coastal Zone Management
Grantor: State Department of Business, Economic Dev & Tourism
County Grantee Department or Agency: Planning
County Grantee Contact Person: Aliee Kawaha Phone Number: 961-8288
Amount of Grant: 5629,382 (State - 575,696, Federal - $327,453)
Grant Period (Commencement & Completion): July 1, 2005 to June 30, 2006
Purpose of Grant: Administration of a CZM Program as established by Chapter 205A, of the Hawaii
Revised Statutes.
County Match required'?: ®Yes ? No
If yes. Matching Amount'? $226,233 Budgeted in account# : 010.141.5141.34
]n-kind'' Explain: Staff services-in-kind.
Explanation:
County's personnel requirements: Amount of new position(s)?
Qty: Permanent: ? Temporary: Duration:
Pull-time: ? Part-time: Time Element:
Qty: Contractual: ? Explain:
Explanation:
Additional Comments about Grant: Previously Budgeted Amount State: $120,804 & Federal: $181,207
liS2 Grant Summun' Furm
STATE OF HAWAII
CON'CRACT FOR GOODS AND SERVICES
(IN THE FOLLOWING CATEGORIES: EXEMPT; SMALL PURCHASE;
SOLE SOURCE; OR EMERGENCY)
This Contract, executed on the respective dates indicated below, is effective as of
20_, between Department of Business, Economic Development and Tourism,
Qnrert name o/.rmtr department, agency, board or comm~ssionJ Q{{1Ce O f hlaNling
e
State of Hawaii (hereinafter "S"GATE"), by its Director
Qruerl title of
person signing for SmeJ
(hereinafrer"PROCUREMENTOFFICER"), whose address is p•0- Box 2359, Honolulu,
Hawaii 96804 _ and County of Hawaii
(/nrert name ojcomparry/personJ
(hereinafter "CONTRACTOR', a government entity
(Imol corporation, partnership, join! venture, sole proprietorship, anther /ego/jorm aftlr Con4netor)
under the laws of the State of Hawaii whose business address and taxpayer
identification number are as follows: 25 Aupuni Street, Hilo, Hawaii 96720;
Federal Tax Identification: 99-6000657
RECITALS
A. The STATE is in need of the goods or services, or both, (also referred to as
"goods and services"), described in this Contract and its attachments. The CONTRACTOR is
agreeable to providing the goods :md services-
B. This Contract is for (check one box):
® A procurement expenditure of public funds for goods oral services
that is otherwise exempt from public bidding as set forth in section ] 03D-102, Hawaii Revised
Statutes (HRS), and chapter 3-120, Hawaii Admirilstrative Rules (HAR); orChapter 103D-102 (b) (2)
HRS ; or
? (2) A small purchase procurement of goods and services asset forth
in section ] 03D-305, HRS, and subchapter 8, chapter 3-] 22, HAR; or
? (3) A sole source procurement of goods and services as set. forth in
section ]03D-306, HRS, and subchapter 9, chapter 3-122, HAR; or
? (4) An emergency procurement of goods and services as set forth in
section 103D-307, HRS, and subchapter 10, chapter 3-122, HAR.
1 AGlSPO FORM-K(Z)(1lOt)
C. Money is available to fund this Contract pursuant to:
(1) Act 178, SLH 2005
(Idenl fy Slate sourcer)
or (2) Public Law 92-583, as amended
(/dent fy Federal sovrcef
or both, in the following amounts: State $ 75,696
Federal $ 327,453
D. The agency's Chief Procurement Officer is Ruth Yama>;uchi
who O has approved this procurement or ?is not required to approve this procurement-
NOW, THEREFORE, in consideration of the promises contained in this Contract,
the STATE and the CONTRACTOR agree as follows:
1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory
manner as determined by the STATE, provide all the goods or services set forth in Attachment 1,
which is hereby made a part of this Contract.
2. Compensation. The CONTRACTOR shall he compensated in a total amount
FOUR HUNDRED THREE 'THOUSAND
not to exceed ONE HUNDRED FORTY-NINE AND NO/100
DOLLARS 403,149.00 including approved costs incurred and taxes, according to the
Compensation and Payment Schedule set forth in Attachment 2, which is hereby made a part of this
Contract.
3. Bonds. The CONTRACTOR ?is required to provide ?is not required to
provide O a performance bond ? a payment bond. ? a performance and payment bond in the
amount of n/a
DOLLARS
4. Standards of Conduct Declazation. The Standards of Conduct Declaration of
the CONTRACTOR, is attached and is made a part of this Contract.
5. Other Terms and Conditions. The General Conditions and any Special
Provisions are attached hereto and made apart of this Contract. In the event of a conflict between
the General Conditions and the Special Provisions, the Special Provisions shall control.
6. Liquidated Damages. Liquidated damages shall be assessed in the amount
of n/a _ DOLLARS )
per day, in accordance with the terms of paragraph 9 of the General Conditions.
Z AG/SPO FORM-K(2) (]/01)
7. Notices. Any written notice requited to be given by any party to this Coniraci
shall be (a) delivered personally, or (b) sent by United States fast class mail, posiage prepaid. Nolice
required to be given to the Procurement Officer or the CONTRACTOR shall be sent to the
respective address as indicated in this Contract. A notice shall be deemed to have been received three
(3) days after mailing or at the time of actual receipt, whichever is earlier. The CONTRACTOR is
responsible for notifying the STATE in writing of any change of address.
IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on
the dates below, to be effective as of the date first above written.
STATE
(Signature)
Theodore E..Liu
(Print Nomef
Director
' (Print TiNef
(Dale)
CONTRACTOR
CORPORATE SEAL _
(If available) ~
APPROVED AS TO County of xawaii
(/rtrert name of Candaetor)
FORM AND LEGALITY:
1 /
~ < ~ (SignaNref
DEPUTY C RPORATION COU EL DIXIE IUE7'SU
COUNTY F HAWAII Print Nome)
NOV 3 0 pQQS ~°"O91"9 Dirett°r
Date -
/fjryU TY1eH ryfl/~;
(Date) ll 1 LUJJ
APPROVED A5 TO FORM:
Deputy Attorney General
'Evidence of authority of the CONTRAC"r0R"s representative to sign this Contract for the CONTRACTOR must be attached.
3 A G/SPO FORM-K(2) plOl)
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
~
On this day of "~~<-~r,~~~~~,~ , 2005, before me
personally appeared DIXIE IWETSU, to me personally known, who, being by me duly
sworn, did say that she is the Managing Director of the County of Hawaii, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is
the corporate seal of said County of Hawaii; that the foregoing instrument was
signed and sealed in behalf of the County of Hawaii by authority given to said Mayor
of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii
(2000), as amended, and assigned by the Mayor to the Managing Director pursuant
to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged
said instrument to be the free act and deed of said County of Hawaii.
VI GINIA M. TOLENTINO
otary Public, State of Hawaii
My commission expires: 4/22/2009
w Q4'`,' Q T'''r
~~s; ',L'. ' ,
CERTIF]CATE OF EXEMPTION FROM CIVIL SERVICE
1. By Neads of Departments or Agencies as Delegated by the Director of Human
Resources Development t.
Pwsuant to a delegation ofthe authority by the Director ofHl[man Resources Development, I
certify that the services to be provided under this Contract, and the person(s) providing the services
under ibis Contract are exempt from the civil service, pursuant to §76-16, Hawaii Revised Statutes
(HRS).
(Signattre) Date
Theodore E. Liu
(Print Name)
Director
(Print Title)
~7his part of the form may be used by all deparnnent heads and others to whom the Ducetor of Human
Resources Development (DHRD) has delegated authority to certify §76-16, I-IItS, civil srnice exemptiotu. The specific
paragraph(s) of §76-16, HRS, upon which an exemption is based should be noted in the contract File. NOTE: Authority
to certify cxcmptions under §§76-16(2), 76-16(12), and 76-] 6(15), HRS, has not been delegated; oaly the Director of
DIiRD may certify §§76-16(2), 76-16(12), and 76-16(15) exemptions.
2. By the Director of Ilumau Resources Development, State of Hawaii.
I certify that the services to be provided under this Contract, and the person(s) providing the
services under this Contract are exempt from the civil service, pursuant to §76-16, Hawaii Revised
Statutes (HRS).
(Signature) Date
(Print Name)
(Print Title, if designee of the Director of D]-IRD)
CONTRACTOR'S
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declaration:
"Agency" means and includes the State, the legislature and its committees, all
executive departments, boards, commissions, committees, bureaus, offices;. and
all independent commissions and other establishments of the stale government but
excluding the courts.
"Controlling interest" means an interest in a business or other undertaking which
is sufficient in fact to control, whether the interest is greater or less than fifty per .
cent (50%)-
"Employee" means any nominated, appointed, or elected officer or employee of
the State, including members of boazds, commissions, and committees, and
employees under contract to the State or of the constitutional convention, but
excluding legislators, delegates to the constitutional convention, justices, and
judges. (Section 84-3, HRS).
On behalf of ,CONTRACTOR, the undersigned does
declaze as follows:
1. CONTRACTOR ? is~ ? is not a legislator or an employee or a business in which a
legislator or an employee has a controlling interest- (Section 84-15(a), HRS).
2. CONTRACTOR has not been represented or assisted personally in the matter by an
individual who has been an employee of the agency awarding this Contract within the
preceding two years and who participated while so employed in the matter with which the
Contract is directly concerned. (Section 84-]5(b), HRS).
3. CONTRACTOR has not been assisted or represented by a legislator or employee for a
fee or other compensation to obtain this Contract and will not be assisted or represented
by a legislator or employee for a fee or other compensation in the performance of this
Contract, if the legislator or employee had been involved in the development or award of
the Contract. (Section 84-14 (d), HRS).
4. CONTRACTOR has not been represented on matters related to this Contract, for a fee or
other consideration by an individual who, within the past twelve (l2) months, has been an
agency employee, or in the case of the Legislature, a legislator, and participated w;riie an
Reminder to aeency: ]f the "is" block is checked and if the Contracrinvolves goods or services of a value in
excess of $10,000, the Contract must be awarded by competitive sealed bidding under section ]03D-302, HRS, or a
competitive sealed proposal under section ] 03D-303, HRS. Otherwise, the agency may not award the Contract
unless it posts a notice of its intent to award it and files a copy of the notice with the State Ethics Commission.
(Section 84-]5(a), HR5).
employee or legislator on matters related to this Contract.. (Sections 84-18(b) and (c),
HRS).
CONTRACTOR understands that the Contract to which this document is attached is voidable
on behalf o1 the S'fA TE if this Contract was entered into in violation o1 any provrsion of
chapter 84, Nawaii Revised Statutes, commonly referred to as the Code of Ethics, including the
provisions which are the source of the declarations above. Additionally, any fee, compensation,
gift, or profit received by any person as a result of a violation of the Code of Ethics maybe.
recovered by the STATE.
DATED: Honolulu, Nawaii,
CONTRACTOR
By C1~
tJ18nofule~
Print Name DIXIE KAETSU
Print Title Managing Director
Name of Contractor County of Hawaii
Date DEC 0 1 2Q~5
~ R P,,; ~A.i ~ mn
Attachment 1
SCOPE OF SERVICES
The CONTRACTOR shall perform in a proper and satisfactory manner as determined by the
STATE, services required for the admimstrat~on of a Coastal Zone Management Program.
Services shall be performed in accordance with all Federal, State and County rules and
regulations. The CONTRACTOR shall:
] . Designate its Planning Director as its administrator of all services required herein and said
Planning Director or designee shall serve as its primary agent For communications with the
STATE. The CONTRACTOR shall also provide necessary staff to assist its Planning
Director in coordinating the efforts between the CONTRACTOR and the STATE for the
Hawaii Coastal Zone Management (CZM) Program.
2. Employ sufficient personnel to administer Special Management Area (SMA) permit
applications, shoreline setback variances, nonpoint source pollution issues, and other CZM
issues clearly related to the provisions of Chapter 205A, HRS.
3. Administer an ongoing monitoring and enforcement program to assure compliance with
Chapter 205A, SMA, and shoreline setback variance requirements, and to prevent or
minimize environmental and ecological degradation by timely detection ofpotential or
actual violations to Chapter 205A, SMA, and shoreline setback requirements.
4. Support and participate in the STATE's CZM monitoring and enforcement program by
providing regular input and transmittal of SMA and Shoreline Setback Variance permit
information, by allowing the STATE access to permit records, and by providing assistance
to the STATE in periodic field verification.
5. Support and participate in the ongoing CZM-related projects, including developing and
implementing the coastal nonpoint pollution control program.
6. Administer development permit activities within the SMA pursuant to the provisions of the
Hawaii Coastal Zone Management Law, Chapter 205A, HRS.
7. Facilitate and support public participation in the Hawaii CZM Program as maybe
necessary.
8. Attend all CZM-related meetings, workshops, and seminars as determined by the STATE.
9. Coordinate, facilitate, acrd, where possible, streamline the development review process.
10. Undertake a review and revision of county subdivision codes to incorporate green
infrastructure principles and reduce environmental impact, and to review existing codes to
determine whether amendments are needed to promote environmentally-sensitive design in
agricultural and rural areas.
11. Continue to support the downtown Hilo community visioning project by facilitating the
development of the implementation process and tools for establishing benchmarks or
indicators to evaluate and measure progress of the living action plan against smart growth
principles.
Attachment 1
12. Annotate all reports, maps, and other documents completed as part of this Contract, other
than the documents exclusively for internal use by the CONTRACTOR, with the following
notation on the front cover or title page (or, in the case of maps, in the title block):
"The preparation of this (report, map, document, etc.) was financed in part by the
Coastal Zone Management Act of 1972, as amended, administered by the Office of
Ocean and Coastal Resource Management, National Ocean Service, National
Oceanic and Atmospheric Administration, United States Department of Commerce,
through the Office of Planning, State of Hawaii."
13. Ensure that all publications or reports intended for public distribution shall bear the NOAA
logo on the cover of the first page, and the following:
"A publication (or report) of the County of Hawaii pursuant to National Oceanic
and Atmospheric Administration Award No. NAOSNOS4191060 or
NA04NOS4190038 or NA03NOS4190082 (respectively) and funds provided by the
Office of Pla~ming, Department of Business, Economic Development and Tourism,
State of Hawaii."
14. Provide matching funds or in-kind contributions totaling no less than $226,233.00. The
CONTRACTOR'S cash or in-kind contributions shall be subject to verification using straight
cost accounting principles and practices.
15. Submit for STATE approval, semi-annual status and performance reports not later than seven
days following the end of each semi-annual subgrant period as prescribed by the STATE for
work perfonmed and coordination provided in con3unction with coastal zone management.
Such status and performance reports shall be in narrative form as well as chart form where
appropriate and describe the progress of the CONTRACTOR in accomplishing the tasks
provided for under this Contract and other accomplishments, issues, and concerns related to
coastal zone management. Failure to submit the required semi-annual status and
performance reports in a timely manner may result in the withholding of funds.
16. Submit for STATE approval, semi-annual expenditure reports not later than 21 days
following the end of each semi-annual subgrant period as prescribed by the STATE for work
performed and coordination provided in conjunction with coastal zone management. These
reports shall include documentation of actual expenditures incurred during the period to
include the CONTRAC'TOR'S cash or in-kind contributions. Failure to submit the required
semi-annual expendihue reports in a timely manner may resuh in the withholding of funds.
17. Submit for State approval, a final report to include, but not he limited to: °
a. a summary of all work performed and coordination efforts provided in conjunction with
coastal zone management.
b. recommendations for follow up and future opportunities.
c. a final expenditure report to include all receipts, matching contributions and expenditures.
18. The CONTRACTOR shall perform any other assistance mutually agreed upon by the STATE
and the CONTRACTOR'S Planning Director.
Attachment 2
TIME OF PERFORMANCE
1. The CONTRACTOR'S services shall commence on the effective date of this Contract and
shall be completed in such sequence as to assure their expeditious completion in light ofthe
purposes of this Contract.
2. All of the services required hereunder shall be completed by June 30, 2006, with the final
report and quarterly invoice submitted no later than July 31, 2006, which shall be the
termination date of this Contract.
Attachment 3
COMPENSATION AND PAYMENT SCHEDULE
1. The total value of this Contract shall be SD{ HUNDRED TWENTY-NINE THOUSAND
THREE HUNDRED EIGHTY-TWO AND NO/100 DOLLARS ($629,382.00). The
CONTRACTOR shall be allocated a subgrant amount not to exceed FOUR HUNDRED
THREE THOUSAND ONE HUNDRED FORTY-NINE AND NO/100 DOLLARS
($403,149.00) in consideration of the work to be performed by the CONTRACTOR under
this Contract. Said subgrant amount shall include the sum of SEVENTY-FNE THOUSAND
SLY HUNDRED NINETY-SIX AND NO/100 DOLLARS ($75,696.00) in State General
Funds provided in Act 178, SLH 2005. Said subgrant amount shall also include the sum of
TWO HUNDRED TWENTY-SIX THOUSAND TWO HUNDRED THIRTY-THREE AND
NO/100 DOLLARS ($226,233.00) in Federal funds provided in Coastal Zone Management
Cooperative Agreement Award No. NAOSNOS4191060 and the sum of FIFTY-ONE
THOUSAND TWO HUNDRED TWENTY AND NO/100 DOLLARS ($51,220.00) in
Federal funds provided in Coastal Zone Management Cooperative Agreement Award No.
NA04NOS4190038 and the sum of FIFTY THOUSAND AND NO/100 DOLLARS
($50,000.00) in Federal funds provided in Coastal Zone Management Cooperative
Agreement Award No. NA03NOS4190082, all granted by the National Oceanic and
Atmospheric Administration of the United States Department of Commerce under the
National Coastal Zone Management Act of 1972, Pub. L. No. 92-583, as amended (16 U.S.C.
et. seq.). The CONTRACTOR shall provide the balance of the value of this Contract of TWO
HUNDRED TWENTY-SIX THOUSAND TWO HUNDRED THHtTY-THREE AND
NO/100 DOLLARS ($226,233.00) in the form ofnon-Federal cash or services-in-kind.
2. Payment for expenditures to be incurred in performing the services in Attachment 1, entitled
"Scope of Services," shall be made in advance quarterly amounts upon presentation to the
STATE by the CONTRACTOR of advance quarter]y statements of projected expenditures;
provided that the STATE's obligation to disburse such subgrant funds shall be subject to the
following conditions:
a. The CONTRACTOR has submitted required semi-annual status reports and performance
reports as outlined in Paragraph I S of the Scope of Services.
b The CONTRACTOR has submitted required semi-annual expenditure reports as outlined
in Paragraph 16 of the Scope of Services.
c. The aggregate amount of the advance quarterly payment shall not exceed the total
subgrant amount provided for in this Contract.
d. All travel expenses incurred by the CONTRACTOR in carrying out this Contract maybe
paid from the subgrant amount stated in Paragraph 1, subject to guidelines as outlined in
Paragraph 16 of the General Conditions.
e. It is agreed by and between the parties hereto that, as to the portion of the obligation
under this Contract to be payable to the CONTRACTOR out of Federal funds, this
Contract shall be construed strictly to be an agreement to pay such portion to the
CONTRACTOR only out of Federal funds when such funds are so received from the
Federal government. This Contract shall not be construed as a general agreement to pay
the CONTRACTOR such portion out of any funds other than those which are received
from the Federal government under any circumstance.
Attachment 3
3. The CONTRACTOR shall be in compliance with Federal rules and regulations governing the
use of Federal funds.
4. Payments shall be made in accordance with and subject to the provisions of Chapters 40 and
103, Hawaii Revised Statutes.
5. All funds not expended by the CONTRACTOR prior to the termination or completion of this
contract shall be returned to the STATE.
6. All required services, products, and final invoices must be completed and submitted to the
STATE in a timely manner to allow final payment by July 31, 2006.
7. No invoices related to this contract shall be submitted to the STATE after July 31, 2006.