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HomeMy WebLinkAboutRES 782 Draft 01 2006-2008COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 782 08 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 GRANT WHEREAS, the State of Hawai'i Department of Transportation, Public Affairs Office - Safe Community Program has authorized funding towards the Hawai'i County Police Department's Traffic Investigation Program; and WHEREAS, the goal of this program is to reduce the number of speed and alcohol related fatalities and injuries; and WHEREAS, as part of this program, the Traffic Enforcement Unit officers will be completing basic or advanced Crash Reconstruction Classes; purchasing and receiving officer certification in the use of the Crash Data Retrieval Module; and sending two officers to attend the Intoxilyzer Supervisor Training session; and WHEREAS, the funds provided by the State of Hawai'i Department of Transportation are derived from grants provided by the federal government; and WHEREAS, Hawai'i 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, Hawai'i Revised Statutes, that the Mayor of the County of Hawai'i is authorized to execute, on behalf of the County, an agreement and related documents with the State of Hawaii Department of Transportation, to enable the County to execute its Traffic Investigation Program as described as described in the Hawai'i County 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 Hawai'i shall transmit copies of this resolution to the Office of the Mayor, the Finance and Police Departments. Dated at Kona Hawai'i, this 7th day of 'November 2008. INTR DUCED BY: COUNCIL MEMBER,allNWYF/HAWAIII COUNTY COUNCIL County of Hawai'i Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on November 7, 2008 ATTEST CU TYCLERK ROLL CALL VOTE Reference C-1513/F'C-353 %82 08 CHAIRMAN P ESIDIN OFFICER RESOLUTION NO. AYES NOES ABS EX FORD X RIGA X HOFFMANN X IKEDA X JACOBSON X NAEOLE X FILAGO X YAGONG X YOSHIMOTO X 8 0 1 0 Reference C-1513/F'C-353 %82 08 CHAIRMAN P ESIDIN OFFICER RESOLUTION NO. APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT STATE OF HAWAII SAFE COMMUNITY PROGRAM — SAFE COMMUNITIES STAFF PART I FOR SCP -SCS USE ONLY (Applicant to Complete) G O CIAL OF AGENCY UNIT Sign tare Project Number: Signature 1. APPLICANT (Name and Address) Title: HPD Traffic Investigation Hawaii Police Department , Name 349 Kapiolani Street Standard Area_Tiaffic Services Hilo, Hawaii 96720 Title 2. AGENCY UNIT (Name and Address) Effective Date: 10-61-08 Hawaii Police Department Date 349 Kapiolani Street, Hilo, Hawaii 96720 Federal Funds Obligated $18,570 3. DURATION (Month, Day, Year) A. Grant Period B. Project Period FY Funds 09 Addendum _YES X NO From: 10-01-08 From: 10-01-08 Benefit of_ STATE X COUNTY To: 09-30-09 To: 09-30-09 4. LOCATION OF PROJECT 5a. TYPE OF APPLICATION [Check Appropriate Item(s)] Hawaii Police Department x 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 goal of this -project is to improve speed and alcohol related fatal traffic investigations. 8. BUDGET Schedule B 8A. COST CATEGORY Total .-Grant Period Expenditures Project Period Prior Years 1 Personal Services $12,570.00 2 Consultant Services $0 3 Commodities $6,00-0--.0-0 4 Other Direct/Indirect Costs $0 TOTAL ESTIMATED COSTS Inc. Non -Fed. Share)_$18,570.00 C. SPECIFY HOW NON-FEDERAL 8B. SOURCE OF FUNDS (1) Federal (100 % of TOTAL) $18,570.00 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 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 herein, including accompanying schedules A,B,C .e, n herein anll marte a nart of this annlicatinn. Autihnrization to nroceed with this Hiehwav Safety Proiect is requested. 11A. PR JEC atZR2 11B. AUT G O CIAL OF AGENCY UNIT Sign tare Signature Name Paul K. Ferreira Name DIXIE Kmsu Title Acting Police Chief Title ACTING MAYOR Date SEP 2 4 7nng Date SEP 3 0 2008 To be prepared by applicant, use separate sheets as required. EXHIBIT "A" Form HS 3-71 Rev. 04/07 IN INWITNESS WHEREOFF, the parties hereto have caused this contract to be executed. APPROVED AS TO FORM AND LEGALITY: I STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) On September 30, 2008, before me personally appeared DIXIE KAETSU, to me personally known," who, being by me duly sworn, did say that DIXIE KAETSU is the Acting Mayor 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 the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Acting Mayor of the County of Hawaii by Section 5-1.5 of the County Charter, County of Hawaii (2000), as amended; and said DIXIE KAETSU acknowledged said instrument to be.the free act and deed of said County of Hawaii. P��y8a e�9 4��{t °40TA A?). CATHY . CORREIA Notary ublic, State of Hawaii My commission expires: 10/13/2010 Doc. Date: September 30, 2008 # Pages: 3 Notary Name: Cathy T. Correia Third Circuit Doc. Description: Application for Highway Safety Project Reimbursement Grant State of Hawaii Safe Community Program — Safe Communities Staff Se tember 30 2008 Notaryignature Date SCHEDULE A HPD TRAFFIC SERVICES MISSION/GOAL Accomplishing our mission/goal will be based on the reduction of total fatalities within the County of Hawaii by 5% from 34 in FFY 2007 to 32 by FFY 2009. HPD will also determine effectiveness by the number of classes held and officer's attendance, and completion rate during the year. PROBLEM IDENTIFICATION Hawaii continues to have a traffic safety problem and the need of enforcement personnel to enforce those laws. Please see Table I for Hawaii's Summary of Traffic Demographics. Table I Hawaii Summary of Traffic Demographics 2002-2006 Year Population Licensed Drivers Registered Vehicles VMT (millions) Traffic Fatalities Fatality Rate Alcohol Involved Fatalities Alcohol Involved 2002 1,224,498 814,668 1,013,594 8,937.3 119 1.33 45 38% 2003 1,257,608 834,188 1,057,625 9,325.0 133 1.42 71 53% 2004 1,262,840 843,876 1,100,646 9,734.6 142 1.45 60 42% 2005 1,275,194 856,163 1,149,403 10,129.1 140 1.38 '67 . 48% 2006 1,285,498 867,003 1,159,256 10,226.3 161 1.57 79 49% All police departments should have an efficient and effective police traffic services (PTS) program to enforce laws, prevent crashes and their resulting deaths and injuries, assist the injured, document specific details of individual crashes, supervise crash clean-up, and restore safe and orderly movement of traffic. PTS is critical to the success of most traffic safety countermeasures and to the prevention of traffic -related injuries. Training is one of the most important activities in a law enforcement agency, and it is essential to support the special requirements of traffic law enforcement and safety. It is essential for operational personnel to be prepared to effectively perform their duties. Training accomplishes a wide variety of important and necessary goals. Proper training should: ■. Prepare officers to act decisively and correctly. ■ Increase compliance with agency enforcement goals. ■ Assist in meeting priorities. ■ Improve compliance with established policies. ■ Result in greater productivity and effectiveness. ■ Foster cooperation and unity of purpose. ■ Help offset liability action. ■ Motivate and enhance officer professionalism ■ Require traffic enforcement knowledge and skills for all recruits. ■ Law enforcement agencies should: o Provide traffic enforcement in-service training to experienced officers. o Provide specialized CMV in-service training to traffic officers as appropriate. o Conduct training to implement specialized traffic enforcement skills, techniques, or programs. o Train instructors using certified training in order to increase agency capabilities and to ensure continuity of specialized enforcement skills and techniques. STRATEGIES 1. Through additional training on Maui, all members of HPD's Traffic Enforcement Unit will have completed basic or advanced Crash Reduction Classes. 2. Crash Data Retrieval Module will be purchased and TEU officers certified to use the module. 3. Conduct one Intoxilyzer supervisor training session. SOLUTION The Hawaii Police Department (HPD) will train officers in the following classes: 1. Through additional training, all members of HPD's Traffic Enforcement Unit will have completed basic or advanced Crash Reconstruction Classes. -,2,. Purchasing and officer certification in the use of the Crash Data -Retrieval Module for use by Traffic Enforcement Unit (TEU). 3. Send two officers to attend a one week Intoxilyzer Supervisor Training session. EVALUATION The evaluation will be based on the reduction of total fatalities within the County of Hawaii by 5% from 34 in FFY 2007 to 32 by IFFY 2009. HPD will also determine effectiveness by the number of classes held and officer's attendance, and completion rate during thd'year. EXHIBIT III SCHEDULE B. A SCHEDULE B (1) PERSONAL SERVICES Employee Salaries and Benefits Position Title: Salary: $ 25.00 (hour) x 3 officers Fringe Benefit Rate: % Time to be spent on project: 80 hours Total Salaries and Benefits: $ 6,000.00* Air Travel To: Neighbor Islands From: Hilo Cost: $ 2,000.00* Intra State Inter State Total Air Travel: $ $2,000.00* Surface Travel Car Rental: $75 per day x 20 day $ 1,500.00* Private Car: ( "" miles @' ' `'J er.mile) Total Surface Travel: $ 1,500.00* Per Diem Intra State: 20 days @ $ 90 per day Total: $ 1,800.00* . Inter State: days @ $ _ per day Total: $ Total Per Diem: $ 1,800.00* Tuition, Course, Registration and Misc. Fees Excessive Lodging Fee: $ 12270.00* Fee: $ Total Tuition and Misc.: $ 1,270.00* TOTAL PERSONAL SERVICES: $ 12,570.00* SCHEDULE B (Continued) (2) CONSULTANT SERVICES hours @ $ per hour: $ Travel: $ Overhead ( % of Total): $ TOTAL CONSULTANT SERVICES: $ (3) COMMODITIES Office Supplies: Crash Data Retrieval System (CDR) $ 6,000.00* Other Expendable Materials: $ TOTAL COMMODITIES: $ 6,000.00* (4) OTHER DIRECT/INDIRECT COSTS Office Space ( sq. ft. @ $ per sq. ft.): $ Office Equipment (Attach detailed equipment schedule): $ . Purpose of equipment must be detailed in Schedule A. Puchased: $. Leased: $ % of Shared Equipment: $ Other Equipment (Specify type and cost on an attached schedule.): $ Utilities ( % used for project): $ Maintenance ( % used for project): $ E.D.P. Services ( hr. @ per hour): $ Printing: $ Communications: $ Project Income: $ TOTAL OTHER DIRECTANDIRECT COST: $ Indirect costs not exceed 10% of total salaries Federal (Share) Funds Requested* $ Agency (Share) Budget Item $ TOTAL PROJECT COST: $ 18,570.00* Note: Identify all costs to be reimbursed by Federal funds with an asterisk (*). EXHIBIT IV SCHEDULE C SCHEDULE C HPD TRAFFIC INVESTIGATION Project Number: MILESTONES Month Activity September -December 2008 .TEU officers to attend the Basic, Advanced and Reconstruction classes on Maui. January -September 2009 HPD will purchase the Crash Data Retrieval Module, and certify TEU officers in the use of module. HPD will conduct training for officers and or recruits in Intoxilyzer and Traffic Investigation. EXHIBIT v SCHEDULE D SCHEDULE D Agreement of Understanding & Compliance Project Number: OP06-05(02-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: I. 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 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. 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. 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 fiom 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 maybe 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 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 tendered 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. 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. 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 , ... q7.1--, .. 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 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. 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 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.