HomeMy WebLinkAboutRES 292 Draft 01 2004-2006 JNtv'cr ~?!y
COUNTY OF ~IAWAI`I ~ STATE O~ ~IAWAI`I
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RESOLUTION NO.
~F.SOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ~NT~I~ INTO AN
AGR~~19111FNT WITH THE UNIT'~U STATES OF AIVI~FZICA, P'URSUANT` TO HISS 46-
7, F'OR T'H~ SOUTH KONA WAT~RSH~D IRRIGATION I~ROJ~CT (;RANT
W1~~~1=AS, the United States Environmental Protection Agency has authorized funding to the
Department of Research and Development for the South Kona Watershed Irrigation Project Grant;
and
WHEREAS, the initial phase of this project includes the development of a watershed plan, an
environmental impact statement, and other planning activities towards the establishment of an
irrigation system for establishment of an irrigation system for the Honomalino and Kapu'a
communities; 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, 1`I-IEI~EFOi~E, ~E Il' RESOLVIm® 13Y fil°~IQ COUNCIL. OF °T~iE COUNTY OF 6~~1We41`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 with the U.S. Environmental Protection
Agency, attached hereto and incorporated herein by reference as Exhibit "A", to enable the County to
use the fund towards the establishment of an irrigation system for Honomalino and Kapu'a
communities.
IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Office of the Mayor, and to the Departments of Finance and Research
and Development.
Dated at xilo ,Hawaii, this 19th day of April , 2006.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
COUN"IY COUNCIL. KOI.L ('AI.I. VO II~_
Cuunt~ of I lawai'i
I lilo. Ila~~ai.i ~1I ~ ~~~I s ~li~ I
~A R %1 I<:~\ h I X
hereb~~ c;crtif}~ that the i~~~regoiu~ KI:SOLU"PION was by the I II<~n X
vote indicated to the ri~~ht her~~~f ~idopted by the COUNCIL oi~ I It~I~I~~.~i:~NN X
the County of Hawaii ~>n April 19, 2006 ~~OI.~~'lll X
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COU'~~f'Y CLI:RI< CEIAfRMAN & PRF_.SIDING OFFICEK RI~:SOLIIl~lO1v' '~U.
X - 96956801 - 0 Pa e 1
I~I~ ASSISTANCE tD NO.
J~,~tiD STgp~~ ~NVIi~®IVlUlEl0!'TAL PRG DOC ID AMEND# DATE OF AWARD
PF3®TC`~l~nl AC~~lVCY X - 9695f8O1 - 0 4 2ooa
~ ~ TYPE OF ACTION MGtiI ING DYAYT
Q New ~ 1
42
Grant Agreefraent AdvaMEe T METHOD: ACH#
RECIPIENT TYPE: Send Payment Request to:
County Las Vegas Finance Center, Fax (702) 798-2423
RECIPIENT: PAYEE:
County of Hawaii County of Hawaii
25 Aupuni Street 25 Aupuni Street
Hilo, HI 96720 Hilo, HI 96720
EIN: 99-6000567
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Diane Ley Susan Polanco Martha Villarreal
25 Aupuni Street 75 Hawthorne Street, WTR-3 Grants Management Office, PMD-7
Hilo, HI 96720 San Francisco, CA 94105 E-Mail: Villarreal.Martha~epamail.epa.gov
E-Mail: E-Mail: Polanco.Susan@epamail.epa.gov Phone:415-972-3666
Phone: 808-961-8366 Phone: 808-541-2722
PROJECT TITLE AND DESCRIPTION
FY05 Special Appropriation -South Kona Watershed Irrigation Project
This assistance agreement provides full federal funding in the amount of $347,200 from the FY-05 EPM line item appropriation to organize efforts to secure an
irrigation system for the community of Honomalino and Kaupa, County of Hawaii. A watershed plan and the first phase of an environmental assessment and
other related planning will be completed in this project phase. Preaward cost have been approved back to 1/1/06.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
01/01/2006 - 12/01/2008 01/Oi/2006 - 12/01/2008 $347,200.00 $347,200.00
NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below,
within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure
to return 4he properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any
change to 4he Agreement by 4he Recipient subsequen4 to 4he document being signed by the EPA Award Official, which the Award
Official determines to materially alter the Agreement, shall void-the Agreement.
OFFER-AND ACCEPTANCE
The United States, acting by and through 4he U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to
the County of Hawaii for .100:00 '/o of all approved costs incurred up 4o and no4 exceeding
' $347200 for the support of approved budget period effort described in application (including. all application modifications)
cited in the Projec4 Title and Description above, signed 06/29/2005 included herein by reference.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE} AWARD APPROVAL OFFICE
ORGANIZATION /ADDRESS ORGANIZATION !ADDRESS
U.S. EPA, Region 9 U.S. EPA, Region 9
Grants Management Office, PMD-7 Water Division, WTR--3
75 Hawthorne Street 75 Hawthorne Street
San Francisco, CA 94105 San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U:S. cPlVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
Alexis Strauss,
_ Director -Water Division
This agreement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In
accepting this award or amendment and any payments made pursuant 4hereto, (1) the undersigned represen4s that he is duly
authorized to act on behalf of the recipient organization, and (2) 4he recipien4 agrees (a) 4hat 4he award is subject to the applicable
provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of
any payments constitutes an agreement by the payee 4hat the amounts, if any found by EPA to have been overpaid will be refunded or
credited in full to EE
BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE°`~ TYPED NAME AND TITLE DATE
Dixie Kaetsu,
Managing Director
EXHIBIT "A"
~P~A ending- Information X - 96956801 - 0 Page 2
FUNDS FORMER-AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 347,200 $ 347,200
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $ 0
Other Federal Funds $ $ $ 0
Recipient Contribution $ $ $ 0
State Contribution $ $ $ 0
Local Contribution $ $ $ 0
Other Contribution $ $ $ 0
Allowable Project Cost $ 0 $ 347,200 $ 347,200
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.606 -Surveys -Studies -Investigations and Clean Water Act: Sec. 104(b)(3) 40 CFR PART 31
Special Purpose Grants
~ISC~~
Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation /
Code Organization Class Organization Deobligation
- W3E00 050 09LOGT 201851E 418 347,20
347,20
X - 96956801 - 0 Page 3
Bud et Summa Pa e
Table A -Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $0
2. Fringe Benefits $0
3. Travel $0
4. Equipment $0
5. Supplies $0
6. Contractual $342,200
7. Construction $0 .
8. Other $5,000
9. Total Direct Charges $347,200
10. Indirect. Costs: % Base $0
11. Total (Share: f$ecipien4 0.00 % Federal 100.00 $347,200
12. Total Approved Assistance Amount $347,200
13. Program Income $0
X - 96956801 • 0 Page 4
~drninistrativ~ C®nditi®ns
i. An interim Financial Status Report (FSR), Standard Form 269A (Rev. 7/97}, covering
the period from "project/budget period start date" to September 30 of each calendar
year shall be submitted to the Grants Management Office, PMD-7, no later than
December 31 of the same calendar year. The initial FSR is due ®ecernber 31, 20®6.
The final FSR covering the entire project period shall be submitted to the U.S. EPA Las
Vegas Finance Center PO Box 98515 Las Vegas, NV 89193-8515 within 90 days after
the end of the project period according to the recipients respective Code of Federal
Regulations Part 31.23(b).
2. The recipient shall comply with the Single Audit Act and the reporting requirements
set forth in OMB Circular A-133.
3. The recipient agrees to complete and submit to the Grants Management Office,
PMD-7, a MBE/WBE Utilization Report (EPA Form 5700-52A), within 30 days after the
end of the Federal fiscal year, i.e., by October 30 of each calendar year. Negative
reports are required.
a. In accordance with EPA's Program for Utilization of Small, Minority and Women's
Business Enterprises in procurement under Federal assistance programs, the recipient
agrees to:
a) Accept the applicable "fair share" goals negotiated with EPA by the HI
Department of Health as follows:
MBE WBE
Construction 50% 4%
Supplies 21 % 2%
Services 29% 7%
Equipment 27% 2%
If the recipient does not want to rely on the applicable State's MBE/WBE "fair share"
goals, the recipient agrees to submit proposed MBE/WBE "fair share" goals based
on availability of qualified minority and women-owned businesses to do work in the
relevant market for construction, services, supplies, and equipment.
"Fair share" objectives must be submitted to Joe Ochab, PMD-1, within 30 days of
award and approved by EPA no later than 30 days thereafter.
b) Ensure to the fullest extent possible that at least the applicable "fair share"
objective {see a) above} of Federal funds for prime contracts for supplies,
construction, equipment or services are made available to organizations owned or
controlled by socially and economically disadvantaged individuals, women and
historically black colleges and universities.
c) Include in its bid documents applicable "fair share" objectives {see a) above} and
require all of its prime contractors to include in their bid documents for subcontracts
the negotiated fair share percentages.
d) Follow the six affirmative steps stated in 40 CFR Section 30.44(b), Section
31.36(e), Section 35.3145(d), or Section 35.6580(a), as appropriate.
e) In the event race and/or gender neutral efforts prove to be inadequate to achieve
a fair share objective for MBE/WBEs, the recipient agrees to notify EPA in advance
of any race and/or gender conscious action it plans to take to more closely achieve
the fair share objective.
f) Until the recipient has completed its fair share negotiations with EPA, it agrees
to apply the main State agency's fair share objectives. Once the recipient has
completed its fair share negotiations with EPA, it will apply those objectives. The
recipient also agrees to include in its bid documents the applicable "fair share"
objectives and require all of its prime contractors to include in their bid documents
for subcontracts the applicable "fair share" percentages and to comply with
paragraphs (c) through (e) above.
5. The cost principles of OMB Circular A-87 are applicable to this award. Since there
are no indirect costs included in the assistance budget, they are not allowable under
this Assistance Agreement.
s. When procuring services, equipment, and/or supplies under this assistance
agreement, the recipient will follow the same policies and procedures it uses for
procurements from its non-Federal funds. The recipient will follow their own
procurement policies and procedures provided that the policies and procedures
conform with EPA regulations 40 CFR Part 31.36 or 30.44 (as applicable) which state
that all procurement transactions will be conducted in a manner providing full and open
competition.
The recipient agrees to comply with Title 40 CFR Part 34, New F~estrictions on
Lobbying . The recipient shall include the language of this provision in award
documents for all subawards exceeding $100,000, and require that subrecipients
submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying. Amendment, any recipient who makes a
prohibited expenditure under Title 40 CFR Part 34 or fails to file the required
certification or lobbying forms shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such expenditure.
s. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this
recipient agency shall require that no grant funds have been used to engage in lobbying
of the Federal Government or in litigation against the United States unless authorized
under exi-sting law. As mandated by this Act, the recipient agrees to provide
certification to the award official via EPA Form 5700-53, Lobbying and Litigation
Certificate, or in a written statement. The Lobbying and Litigation certification and final
Financial Status Report shall be submitted within 90 days after the end of project
period.
Recipient shall abide by its respective OMS Circular (A-21, A-87, or A-122), which
prohib-its the use of federal g-rant funds for litigation against the United States. Any Part
30 recipient .shall abide- by its respective OMB Circular (A-21 or A-122), which prohibits
the use of Federal grant funds to participate in various forms of lobbying or other
political activities.
s. Pursuant to EPA Order 1000.25 and Executive Order 13101, the recipient agrees to
use recycled paper for all reports which are prepared as a part of this agreement and
delivered to FPA. This requirement does not-apply to Standard corms. These. forms
are printed on recycled. paper as available through-the General Services Administration.
Recipient shall comply-with the requirements set-forth in Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under
RCRA Section 6002 apply to any acquisition of an item where the purchase price
exceeds $10,000 or where the quantity of such items acquired in the course of the
preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that
preference be given in procurement programs to the purchase of specific products
containing, recycled materials: identified in guidelines developed by EPA. These
guidelines are listed in 40 CPR 247.
i o. Effective. October 1, 1994, the recipient agrees to ensure that all conference,
meeting, convention, or training. space funded in whole or in part with Federal funds
compiles with the F4otel and Motel Fire- Safety Act of 1990.
i ~ . Payment to consultants. Per 40 CFR Part 31.36(j), EPA's participation in the salary
rate (excluding overhead and travel) paid to individual consultants retained by recipients
or by a recipient's contractors or subcontractors shall be limited to the maximum daily
rate for a Level IV of the Executive Schedule, to be adjusted annually. This limit applies
to consultation services of designated individuals with specialized skills and if the terms
of the contract provide the recipient with responsibility for the selection, direction, and
control of the individuals who will be providing services under the contract at an hourly
or daily rate of compensation. As of January 1, 2005, the rate is $537.76 per day and
$67.22 per hour. This rate does not include overhead or travel costs and the recipient
may pay these in accordance with its normal travel practices.
Subagreements with firms or individuals for services which are awarded using the
procurement requirements in 40 CFR Parts 30 or 31, as applicable, are not affected by
this limitation unless the terms of the contract provide the recipient with responsibility for
the selection, direction, and control of the individuals who will be providing services
under the contract at an hourly or daily rate of compensation. See 40 CFR Part
31.36(j)(2) or Part 30.27(b).
~ 2. The recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled
"Responsibilities of Participants Regarding Transactions." The recipient is responsible
for ensuring that any lower tier covered transaction, as described in Subpart B of 40
CFR Part 32, entitled "Covered Transactions," includes a term or condition requiring
compliance with Subpart C. The recipient is responsible for further requiring the
inclusion of a similar term or condition in any subsequent lower tier covered
transactions. The recipient acknowledges that failing to disclose the information
required under 40 CFR 32.335 may result in the delay or negation of this assistance
agreement, or pursuance of legal remedies, including suspension and debarment.
The recipient may access the Excluded Parties List System at http://epls.arnet. ov.
This term and condition supersedes EPA Form 5700-49, "Certification Regarding
Debarment, Suspension, and Other Responsibility Matters."
~1'®~l'c~ll'Hll~a~~'9C ~'®1?~6t1062S
P1. In accordance with 40 C.F.R. §31.40, the recipient agrees to submit performance
reports that include brief information on each of the following areas: 1) a comparison of
actual accomplishments to the outputs/outcomes established in the assistance
agreement workplan for the. period; 2) the reasons for slippage if established
outputs/outcomes were not met; and 3) additional pertinent information, including, when
appropriate, analysis and formation of cost overruns or high unit costs.
In accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon
as problems, delays or adverse conditions become known which will materially impair
the ability to meet the outputs/outcomes specified in the assistance agreement work
plan.
END OF DOCUMENT