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HomeMy WebLinkAboutRES 099 Draft 01 2006-2008 +ty N~ ~~L:~ COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 99 0~ RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, PURSUANT TO HRS 46-7, FOR A DATA GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT WHEREAS, the State of Hawaii Department of Transportation, Public Affairs Office -Safe Community Program has authorized funding towards the Hawaii County Police Department's Data Grant Program; and WHEREAS, the purpose of the program is to establish a statewide traffic data system and to ensure compliance with national standards; and WHEREAS, this grant funds will be used to attend traffic data records committee monthly meetings; to implement a new MVC Form and hire a consultant to implement the form on the department's RMS and create an Export Utility to transfer traffic data; to purchase heavy duty laptops to being field testing the electronic input and transfer of citations and crash reports and to attend the National Traffic Records Forum; 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, 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, to enable the County to execute its Data Grant Program as described in the Police Department's Grant Application, attached hereto and incorporated herein by reference as Exhibit "A". BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance and Police Departments. Dated at xona ,Hawaii, this atn day of April , 2007. INT ODUCED BY: (lv~--~= COUNCIL MEM , C U TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii HIIO, Hawaii AYES NOES ABS EX FORD I hereby certify that the foregoing RESOLUTION was by the RIGA g vote indicated to the right hereof adopted by the COUNCIL of HoPPMANN X the County ofHawai`ion April 4, 2007 IKEDA g ATTEST JACOasoN g NAEOLE PILAGO R - YAGONG R ~ ~ ~ YOSHIMOTO R ~~i _ 9 0 0 0 Reference C-235/FC-79 -~-f COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. .y9 U7 APPLICATION FOR HIGHWAY SAFETY PROJECT RE[NIBURSEMCNT GRANT STATE OF HAWAII SAFE COMMT(NITY PROGRAM -SAFETY OFFICE FOR SCP-SO USE ONLY PART I (Applicant to Complete) Project Number: TROD-03 (04-H-O1) 1. APPLICANT (Name and Address) Title: HCPD DATA GRANT Hawaii County police Department 399 Kapiolani Street Standard Area TR Hilo, Hawaii 96720 2. AGENCY UNiT (Name and Address) Effective Date:10-1-06 Hawaii County Police Department 399 Kapiolani Srreet, Hilo, Hawaii 96720 Federal Funds Obligated 530,000.00 FY Funds 07 Addendum YES % NO 3. DURATION (Month, Day, Year) A. Grant Period B. Project Feriod Benefit oT STATE g COUNTY From: 10-01-06 From: 10-C1-06 To: 09-30-07 To: 09-30-07 4. LOCATION OF PROJECT 5a. Type of Application (Check Appropriate Item(s) Hawaii County Police Department x Initial Revision Continuation 399 Kapiolani Street Hilo, Hawaii 96720 5b. REIMBURSEMENT SCHEDULE DESIRED Monthly x Quarterly 6. PROJECT DESCRIPTION (Schedule A) 7. PROJECT OBJECTIVES AND TASKS SUMMARY FI20M SCHEDULE A The project objectives are to establish a statewide traffic data system and to ensure compliance with national standards. 8. BUDGET (Schedule B) 8A. COST CATEGORY Total Expenditures Grant Period Prior Years Project Period (1) Personal Services $16,900.60 $0 (2) Consultant Services ~ $20,000.00 $0 (3) Commodities $30,000.00 SO (4) Oth=r DirectJIndirect Costs $0 $0 TOTAL ESTIMATED COSTS (Inc. Non-Fed. Share) $66,900.80 $0 BB. SOURCE OF FUNDS C. SPECIFY HOW NON-FEDERAL ll) Federal (10^ $ of TCTALI $66,900.80 SHARE WILL HE PROVIDED ;2) Apolicant Age 9. MILESTONES ;Schedula C) 10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE (See Schedule D, attached) 11. ACCEPTANCE OF CONDITIONS. It is understood antl agreed by the undersigned that a reimbursement grant received as a result of this application is subject to Public Law 89-569 (Highway Safety Act of 196'ol and all administrative regulations gone rn ing grants eStaDlished by the D.S. Depa_tment of Transportation and the State of Ha:ua ii. It is ezp ressly agraed chat this project constitutes an official part of the Hawaii Highway Safety grogram and [hat said applicant agency will m=et [he requirements as set forth herein, including accompanying sch =_dulas A, B,C s D, which aee _...o rporacad herein and :aa d=_ parr of this applicaCion. Ar,th ui_atior. to proceed with this Highway Safety Project is r=_aueste d. 11A. PRO T DIRECT R 118. AUTHORIZ G OFF IAL OF AGENCY UNIT Signature ~ S~gnature N arse LAWR.ECdCE K. C9AHUNA ame HARRY KIM Title POLICE CHIEF Title Y Date i Date 'Po be p•reoared by aopL'can~_, usa separate sheats as required. Form HS 3-71 Re;•. ?%19/CO F.XHiRiT "A" PART II (Safe Community Program -Safe Communities Office to complete) Project Number: TR07-03(04-H-Ol) I. ADDENDUM (For MVSO Use Only) 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible [o Governor for Administration of the State Highway Safely Program. A. Effective Date October 1, 2006 B. Federal Fu s Obligat/e)d $30,000.00 C. Approval to ~ ~ D. Sig at e E. Name r on .K. Hong F. Title Highway Safety Manager SCHEDULE A HCPD Data Grant MISSION/GOAL The goal of this program is to initiate activities such as legislation that affects electronic data transfer and the implementation of Hawaii's statewide data system. STRATEGIES 1. Participate in Traffic Records Committer and Subcommittees and to attend monthly and special meetings. One Sergeant and Officer to attend the Annual National Traffic Records Forum. 2. Hire a consultant to implement forms and data into HCPD's RMS system and create and export utility to transfer electronic data. 3. Purchase five heavy-duty "Ruggedized" lap top computers for the electronic citation project and the electronic transfer of crash records. SOLUTION/IMPLEMENTATION Statewide traffic commanders and other stakeholders will participate in monthly meetings of the traffic data records committee to address legislation that affects electronic data transfer and the implementation of Hawaii's statewide data system. EVALUATION Progress towards the implementation of Hawaii's statewide data system will be reviewed by the Department of Transportation to determine the effectiveness of the committee. SCHEDULE B HCPD Data Records SCHEDULE B (t) PERSONAL SERVICES Employee Salaries and Benefits Position Title: Sergeant/Officer Salary: $ 28.02 Average /hour Fringe Benefit Rate:! Time to be spent on project: 40_hours X 2 (travel overtime) Total Salaries and Benefits:$1,120.80 Air Travel To: St. Louis. MO From: Hilo. Ht X 2 people Cost: $ 3 200.00* Inter State To: Honolulu, HI From: Hilo. HI Cost: $ 7.000.00* Intra State Total Air Travel: $ 10,200.00* Surface Travel Car Rental: for 9 days (Interstate, Intrastate) $ 450.00* Total Surface Travel: $ 450.00* Per Diem Inter State: 8 days @ $ 130 per day X 2 people Total: $ 2.080.00* In[ra State: 3b X 1 dayg $ 20 per day Total: $ 720.00* Total Per Diem: $ 2 800.00* Tuition, Course, Registration and Misc. Fees Traffic Forum Registration Fee, Excess Lod~in~, Misc. $ 1.830.00 Total Tuition and Misc.: $ 1.830.00* "fOTAL PERSONAL SERVICES: $ 16.400.80* (2) CONSULTANT SERVICES HOURS @ $ per hour (Electronic Form) 20 000.00 travel overhead ( % of total) TOTAL CONSULTANT SERVICES: $20,000.00 (3) COMMODITIES Office Supplies Other Expendable Materials (Heavy Duty Lap Tops) $30,000.00 TOTAL COMMODITIES: $30000.00 SCHEDULE C HCPD Roadblock Program TROS-03(04-H-01) MILESTONES Month Activity October 2006-September 2007 Attend traffic data records committee monthly meetings. Implement new MVC Form and hire a consultant to implement the form on the department's RMS and create an Export Utility to transfer traffic dada. Purchase heavy duty lap tops to begin field testing the electronic input and transfer of citations and crash reports. Attend the National Traffic Records Forum. SCHEDULE D Agreement of Understanding & Compliance Project Number: 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: L Reimbursement of Eligible Expenditures A. [t is mutually agreed and promised that upon written application by APPLICANT and approval by STATE and the LJrII fED 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 FloorC verings Draperies Coat Racks Office Planters 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. !t is mutually agreed and promised that [he 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 [o another active Highway Safety project for the residual value of such equipment in an amount [o be determined by the STATE, or to transfer or otherwise dispose of such equipment as directed by STATE. B. It is mutually agreed and promised by the APPLICANT that no purchased equipment under this project will be conveyed, sold, salvaged, transferred, etc. without [he express written approval of the STATE. C. II is mutually agreed and promised that [he 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 Safely 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)j. IV. Equal Opportunity A. I[ is mutually agreed and promised that pursuantto 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 [he Age Discrimination Act of 1975, [he APPLICANT, as a condition to receiving approval of this application submitted under the Highway Safety Ac[ 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, as a condition to receiving approval of this application, it will be subject to, and will comply with, Title V[ 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 I5, Code of Federal Regulations, Part 8, which have been adopted by [he Department of Transportation, and hereinafter referred to as [he Regulations), to the end [ha[, 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. I[ is mutually agreed and promised [hat if [he 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 occured; 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 Fttnd Expenditures A. I[ 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. IC is mutually agreed and understood that the APPLICANT shall apply all proceeds or credits generated under [he 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. I[ is mutually agreed [hat 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 [he United S[a[es Government, the State Governments and [heir political subdivisions aroyalty-free nonexclusive, and irrevocable license to use ;n any manner such copyrightable material. B. It is mutually agreed that the ownership of afl 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 I. B}'signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in [his 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 [his 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 no[ 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 [he department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees b}' submitting [his proposal [ha[ 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 solir rations 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 tnay, 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 constnied to require establishment of a system of records in order to render in good faith the certification required by [his 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 ~ of these insu~uctions, if a participant in a covered transaction knowingly enters in.o a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Par[ 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in [his transaction, in addition [o outer remedies available to the Federal govenunent, 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 1. 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 [o any of the statements in this certification, such prospective participants shall attach an explanation ro [his proposal. X. Minority Business Enterprise Requireme;.ts If is the policy of [he Department ofTransporta[ion that minorip' business enterprises. as defined in 49 CFR Par[ 23, shall have the maximum oppor[unit}' to participate in the performance of contracts Financed in whole or in part with Federal Rinds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply ro th is 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 ofDOT-assisted contracts. XI. 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 [he date of the final expenditure report. XII. Authorization [o Proceed A. It is mutually agreed between the STATL and the APPLICANT that this AGREEMENT OF UNDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S agreement and authorization to proceed as se[ forth in PART I l (2) of this application.