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HomeMy WebLinkAboutCOM 0048.003 2006-2008Harry Kim Mayor County of Hawaii POLICE DEPARTMENT February 1, 2007 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 • Fax(808)961-8869 TO PETE HOFFMAN, COUNCIL CHAIR AND COUNCIL MEMBERS Lawrence K. Mahuna Police Chief Harry S. Kubojiri Deputy Police Chief r.y VIA =RENCE, KO, CONTROLLER FROM K. MAHUNA, POLICE CHIEF c D SUBJECT NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 06-79, Section 7(1); 7 1..1 d. . Name of Grant Program: HCPD Speed Enforcement Federal or State Grantor: County Grantee DepartmenUAgency: Grant No.: Amount of Grant: Amount of County Match: State Department of Transportation Public Affairs Office -Safe Community Program County Police Department SC07-06(01-H-02) $50,000.00 None County Revenue & Expenditures Acct #: 010.201.5219.44;3302.03 Grant Period: October 1, 2006 - September 30, 2007 Purpose of Grant: To reduce fatalities and injuries to front seat occupants, and rear seat occupants aged 17 and under, as a result of motor vehicle collisions by increasing the seatbelt usage rate. If final report required by grantor? yes Notification Attached: yes Comm. No. Y 3 Ref. To: Ref. Vote F LB 0 8 20x1 "Hawai'i County is an Equal Opportunity Provider and Employer" LINDA LINGLE GOVERNOR Chief Lawrence K. Mahuna Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chief Mahuna: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 January 26, 2007 BARRY FUKUNAGA INTERIM DIRECTOR Deputy Directors FRANCIS PAUL KEENO BRENNON T. MORIOKA BRIAN H. SEKIGUCHI IN REPLY REFER TO: HWY-V 9.1146 Enclosed for your action is a copy of the approved highway safety reimbursement project No. SC07-06 (01-H-02), entitled "HCPD Speed Enforcement'. A total of $50,000.00 has been obligated to the project. The grant funds will be used to conduct highly visible speed checkpoints as well as conduct special enforcement in high speed corridors. Progress reports must be submitted quarterly within 15 days (ending May, August and November) and a final report must be submitted within thirty days of the end of the grant period. Reimbursement claims must be submitted in accordance with the agreement (monthly or quarterly) by the 20th of the month following the claim period. A claim must be submitted even if no expenditures were made. The project is subject to the audit requirements of the Office of Management and Budget (OMB) A-133, Audit of State/Local Government & Non -Profit Organizations. Note that the Department/Program Number and Title with which this project should be associated in the Schedule of Federal Assistance should be associated in the Schedule of Federal Assistance Programs section of your single agency audit report are: Department of Transportation/20.600 - State and Community Highway Safety Program. A copy of all audit reports covering the grant period must be sent to the Department of Transportation — Highway Safety Staff, 869 Punchbowl Street, Room 405, Honolulu, HI 96813. Chief Lawrence K. Mahuna Page 2 January 26, 2007 HWY-V 9.1146 Within 60 days of the date of project approval, the Highway Safety Staff should be advised of your cognizant Federal audit agency and of when you anticipate the audit report(s) covering the period of this grant to be issued. Very truly yours, BRENNON T. MORIOKA, Ph.D., P.E. Deputy Director -Highways Enclosure APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT STATE OF HAWAII SAFE COMMUNITY PROGRAM - SAFETY OFFICE 11. ACCEPTANCE OF 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 of Transportation and the State of Hawaii. It 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 h rein, including accompanying schedules A,B,C 6 D, which are incorporated herein and made a part of this application. Authorization to proceed with this Highway Safety Project is requested. 11A. PRO TOR FOR SCP -SO USE ONLY PART I ING FICI�L OF AGENCY UNIT Signature (Applicant to Complete) Signature Project Number: Title: HCPD Speed Enforcement 1. APPLICANT (Name and Address) Name Hawaii County Police Department Name *ftRfl—K 349 Kapiolani Street Title Standard Area Hilo, Hawaii 96720 Title Mik4GFt Managing Director fP 2. AGENCY UNIT (Name and Address) 'S' 2 6 2006 - Effective Date: 10-01-06 Hawaii County Police Department 0 6 2M To be 349 Kapiolani Street, Hilo, Hawaii 96720 use separate sheets as required. Form HS 3-71 Rev. 7/14/00 Federal Funds Obligated $ FY Funds Addendum YES NO 3. DURATION (Month, Day, Year) A. Grant Period B. Project Period Benefit of STATE COUNTY From: 10-01-06 From: 10-01-06 To: 09-30-07 To: 09-30-07 4. LOCATION OF PROJECT 5a. Type of Application (Check Appropriate Item(s) Hawaii County Police Department Initial Revision Continuation 349 Kapiolani Street Hilo, Hawaii 96720 5b. REIMBURSEMENT SCHEDULE DESIRED Monthly x Quarterly 6. PROJECT DESCRIPTION (Schedule A) 7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A The project objectives are to reduce the number of motor vehicle collisions resulting in injuries and fatalities caused by speeding drivers. 8. BUDGET (Schedule B) 8A. COST CATEGORY Total Expenditures Grant Period Prior Years Project Period (1) Personal Services $50,000.00 (2) Consultant Services $0 (3) Commodities $0 (4) Other Direct/Indirect Costs $0 TOTAL ESTIMATED COSTS (Inc. Non -Fed. Share) $50,000.00 8B. SOURCE OF FUNDS C. SPECIFY HOW NON-FEDERAL (1) Federal (100 % of TOTAL) $50,000.00 SHARE WITS, BE PROVIDED (2) Applicant Age 9. MILESTONES (Schedule C) 10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE (See Schedule D, attached) 11. ACCEPTANCE OF 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 of Transportation and the State of Hawaii. It 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 h rein, including accompanying schedules A,B,C 6 D, which are incorporated herein and made a part of this application. Authorization to proceed with this Highway Safety Project is requested. 11A. PRO TOR ?. 1B. AUT R ING FICI�L OF AGENCY UNIT Signature Signature Name LAWRENCE K. MAHUNA Name *ftRfl—K roLryE KAETSU Title POLICE CHIEF Title Mik4GFt Managing Director fP Date 'S' 2 6 2006 - Jate OCT 0 6 2M To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 7/14/00 STATE OF HAWAI'I ) SS. COUNTY OF HAWAII ) On this 67%1 day of 2006, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawai'i, a municipal corporation of the State of Hawai'i; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawai'i; 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 Hawai'i by Section 5-1.3(g) of the County Charter, County of Hawai'i (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 Hawai'i. VIP,41NIA M. TOLENTINO tary Public, State of Hawai'i My comrr 2/2009 ATE OF HAWAII ) )UNTY OF HAWAII ) On th4 day of SS. 2006, before me personally appeared,,HARRY KIM, to me personally known, who, being by me duly swom, did say that he is N Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Haw that the seal affixed to the foregoing instrument is the corporate seal of said County of Haw%by e foregoing instrument was signed and sealed in behalf of the County of Hawhority givento said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Chart&i County of Hawaii (2000), as amended, and said HARRY KIM acknowledged said instrhpent to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii \ My commission expires: -&Xzt IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed. APPROVED AS TO FORM AND LEGALITY: � 0 3Lob DEPU oration C sel EXHIBIT II SCHEDULE A SCHEDULE A HCPD Speed Program MISSION/GOAL The goal of this project is to reduce the number of motor vehicle collisions resulting in injuries and fatalities caused by speeding drivers by 10% on the Big Island. STRATEGIES 1. Conduct approximately 150 highly visible speed checkpoints and unmarked inconspicuous patrol, specifically in locations known for excessive speed violations, aggressive driving, and locations of recent fatal crashes. These to include Routes 130, 19, 11 and Queen Kaauhumanu Highway. 2. Enforcement operations targeting street or "Outlaw" racing will be conducted in affected districts and during during late night peak racing times. Operations to include enforcement of regulatory traffic violations often associated with street vehicles. 3. Issue approximately 1200 citations for speeding. 4. Issue approximately 500 citations for other violations. Affect approximately 20 arrests during enforcement efforts for illegal road racing, warrant violations, and other offenses. SOLUTION/IMPLEMENTATION Police personnel, on overtime, will conduct highly visible speed enforcement to supplement the DUI enforcement efforts currently conducted by our Department. Intelligence of illegal road racing will be gathered to coordinate enforcement projects. There will be statewide speed enforcement mobilization periods and separate quarterly mobilizations on the Big Island. EVALUATION The amount of grant funded projects, citations and arrests will be tracked to determine if quantitive measures were obtained. Statistics of speed related fatal crashes will be reviewed over this grant period to determine the effect of this concentrated enforcement. EXHIBIT III SCHEDULE B SCHEDULE B HCPD Speed Program (1) PERSONAL SERVICES Employee Salaries and Benefits One Police Sergeant and three Police Officers • Salaries and Wages ($504.00 per checkpoint) o $28.00 x 4 officers x 2 hours x 1.5 = $336.00 $50,000.00 (2) CONSULTANT SERVICES $0 (3) COMMODITIES $0 4 OTHER DIRECT/INDIRECT COSTS $0 TOTAL PROJECT COST: $50,000.00 EXHIBIT IV SCHEDULE C SCHEDULE C HCPD Speed Program MILESTONES Month Activity October -December 2006 Speed enforcement and projects targeting illegal road racing and aggressive driving. Hold one island wide publicized speed project. January -March 2007 Speed enforcement and projects targeting illegal road racing and aggressive driving. Hold one publicized island wide speed project. April -June 2007 Speed enforcement and projects targeting illegal road racing and aggressive driving. Hold one island wide publicized speed project July -September 2007 Speed enforcement and projects targeting illegal road racing and aggressive driving. Hold one publicized island wide speed project. EXHIBIT V Me 11 ' L E SCHEDULE D Agreement of Understanding & Compliance Project Number: SC06-06(01-H-02) 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 to 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 STATE 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, 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: 1. 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 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 Tables Filing Cabinets Pictures, Wall Clocks Shelving Floor Coverings Draperies Coat Racks Office F;anters 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 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 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 equipment 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, 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 12 (a) of the Hatch Act [5 U.S.C. 118K (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 this application submitted under the Highway Safety Act 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 that 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 the 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 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/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 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 a royalty -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 Government, 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 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, 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 to 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 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 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 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 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 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 Tier Covered Transactions I. 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 to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. X. Minority Business Enterprise Requirements It is the 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, 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 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 of DOT -assisted contracts. Xl. Requirements A. It 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 to be retained for at 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 II (2) of this application. PART II (Safe Community Program - Safety Office to complete) Project Number: SC07-06 (01—H-02) 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: October 1, 2006 B. Federal F ds Obligated: $50,000.00 C. Appro� 1 a D. Signa ur E. Name rdon F. Title Highway Safety Manag