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HomeMy WebLinkAboutRES 070 Draft 02 1988-1992COUNTY OF HAVIfq~~, . ;` STATE OF HAWAII RESOLUTION No. ~~ 89 (Draft 2) WHEREAS, the federal government, by and through the Environmental Protection Agency (EPA), has offered the County of Hawaii a grant award in the amount of $7,050,000 to assist in the construction of the Kealakehe Wastewater Treat„~ent Plant, which amount may be increased depending upon the actual cost of the project; and WHEREAS, as a condition of receiving said grant, the County shall be required to execute an EPA assistance agreement, shown in Exhibit "A," attached hereto and made a part hereof, and adhere to the special conditions incident thereto; and WHEREAS, special condition item number 9 requires the County to agree to build the following projects over the course of several years: PROJECT DESCRIPTION ------------------- Old Airport SPS and FM Alii Drive IS Sec. A & B Waiaha Bay SPS Alii Drive, IS Sec. "C" & "D" & Holualoa Bay FM Holualoa Bay SPS Alll Drive, IS Sec. "E" & "f" and Disappearing Sands FM Disappearing Sands SPS; and WHEREAS, adherence by the County to the above condition will necessarily involve the encumbrance of funds from the appropriations of later fiscal years; and FiHEREA5, pursuant to section 10-11 of the Hawaii County Charter, any contract or obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year shall be made or approved by resolution; and WHEREAS, the council finds that the receipt of said federal funds is of such importance to the public so as to justify the encumbering of funds from the appropriations of later years. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it authorize the County to enter into an assistance agreement with EPA for the receipt of the assistance grant for the construction of the Kealakehe Wastewater Treatment Plant and, by so doing, approve of the conditions incident thereto. Dated at Hilo, Hawaii, this 2nd day of August , 1989. INTRODUC D BY: C NCIL MEMB R, COUNTY GF HAWAII COUNTY COUNCIL County of Hawaii 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 Aug i c} . 1 9 R 9 ATTEST: ROLL CALL VOTE AYES NOES ABS EX DOMINGO HALE X INOUYE X KOKUBUN LAI MAKUAKANE }{ RUDDLE X SCHUTYE X YAMASHIRO X Reference C-628/PYdC-42 RESOLUTION NO. ~~ 89 (Draft 2) 1. ~ -'ISTANCE ID NO. Z. L G N MS U.S. ENVIRONMENTA .OTE CTION AGENCY JOQ80 O4 Q ~ • ~ EPA ASSISTANCE AGRtEMEP!T/AMENDMENT 3. DATE OF AWARD 4. MAILING DATE PART 1 -ASSISTANCE NOTIFICATION INFORMATION ~.Q $ MAY 1989 1 2 MAY 1989 5. AGREEMENT TYPE 8. PAYMENT METHOD Coopwatiw Agrwmsnt ^ Atlvarwe ~ Relmbureammt ^ Latter of CrW It Grant Agrawnant Sentl PaymeAt Raqunt To: 7. TYPE OF ACTION Aaalrtenee AmerMmant X Hawaii DOH/EPA, Re ion 9 Continuation 8. RECIPIENT 9. PAYEE County of Hawaii Co t of Hawaii c Department of Public Works partment of Public Works < 25 Aupuni Street -Aupuni Street N Hilo, HI 96720-4292 Hilo, HI 96720-4292 z a _________ EIN NO. __ CONGR~~STbTIALBT~fiA1Z°T 10. RECIPIENT TYPE ° 99-6000567W Two Count 1- = W 11. PROJECT MANAGER AND TELEPHONE NO. 12. CONSULTANT (WWT Conetruetion Gmnte Oniy) a Hugh Ono (808)961-8321 N/A W ° Dept. of Public Works, County of Hawaii Q 25 Aupuni Street Hilo, HI 96720 -4292 13. ISSUING OFFICE (City/State) 14. EPA PROJECT/STATE OFFICER AND TELEPHONE NO. San Francisco, California 94105 Johnny Ong (808)548-4127 r a WTW Construction Grants Branch ~ Hawaii Department of Health 0 PO. Box 3378 ~ Honolulu HI 96801 W 16. EPA CONGRESSIONAL LIAISON 6 TEL. NO. 18. STATE APPL ID (Cleprinphowsl 17. FIELD OF SCIENC 18. PROJECT STEP (WWT CG Jean Croft (202)755-0488 HI810706-149H N/A Dnly) 3 19. STATUTORY AUTHORITY 20. REGU LATORV AUTHORITY 21. STEP 2 • 3 & STEP 3 (WWT Cona fruetion Only) PL 92-500/PL 95-217 40 CFR Part 30 a. Treatment Laval 2 PL 97-117 Section 201 40 CFR Part 33 b. Project Typa N W Title II 40 CFR Part 35 c. Treatment Prpcwa 1 d. Sludge OMgn 7 22. PROJECT TITLE AND DESCRIPTION IIa- ORd ewerage ystem - e e e astewater reatment nt The purpose of this grant is to provide the assistance for the construction of a 2.8 MGD wastewater treatment facility to serve existing and proposed residential, hotels, and commercial developments in the Kailua-Kona area. 23. PROJECT LOCATION (Aram Impacted 6y Project) City/Place County Stets Congrwsionel Dirtrict North Kona, Hawaii Hawaii Hawai Two 2q. ASSISTANCE PROG RAM(CFDA Proar¢m No. ATitk) 25-PROJECT PERIOD 26. eUOGET PERIOD 66,418 Construction Grant Award Date - 6/30/91 Award Date - 60/30/92 27. COMMUNITY POPULATION (WWT CG 28. TOTAL BUDGET PERIOD COST 29. TOTAL PROJECT PERIOD COST only) 3,700 N/A N/A FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL 30. EPA Amount This Actipn 7 050 OQO 31. EPA In-Kind Amount N/A 32. Unaxparsdad Prior Vear Balance N/A 33. Omsr Federal Funds N/A 34. Recipient Contribution 1 410 OQO 35. Stets Contribution 940 000 36. Loesl Contribution N/A 37. Other Contribution N / A 38. Allowable Prolact Coft 9 400 000 Program Elamsnt F Y Appropriation Doc. Control No. Account Number Object Claas Obligation/Dsoblig. Amount J 53 GTAW80 88 68X0103.L LA800"1 UGTA093003 41.11 $7,050,000 LL g1 M EPA Form 5700-20A lRw. 5-521 Replaces previous editions and EPA Porms 5700-1 A, B, C, and D, all of which are obsolete. EXHIBIT "A" PART II-APPROVED F' ~~ET A5515TArvce -NnFlcnnoN No. C 150080 04 0 ' TABLE A - v9JECT CLASS CATEGORY (Non-construction) TOTAL APPROV ED ALLOWABLE BUDGET PERIOD COST 1. PERSONNEL 2. FRINGE BENEFITS 3. TRAVEL 4. EQUIPMENT ~~ __ 5. SUPPLIES 6. CONTRACTUAL ]. CONSTRUCTION 6. OTHER 9. TOTAL DIRECT CHARGES fO. INDIRECT COSTS: RATE % BASE t 1. TOTAL (Share: Recipient %. Federal %) 12. TOTAL APPROVED ASSISTANCE AMOUNT S TABLE B -PROGRAM ELEMENT CLASSIFICATION (Non-construction) t. 2. 3. 4. 5. 6. ]. 6. ' 9. 10. 11. 12. TOTAL (Share: Recipient %. Federal %~ 13. TOTAL APPROVED ASSISTANCE AMOUNT S TABLE C -PROGRAM ELEMENT CLASSIFICATION (Construction) 1. ADMINISTRATION E%PENSE 20 000 2. PR ELIMINARV EXPENSE -~ 3. LAND STRUCTURES, RIGHT-OF-WAY -~ 4. ARCHITECTURAL ENGINEERING BASIC FEES -~- 5. OTHER ARCHITECTURAL ENGINEERING FEES Advance of Allowance 569 452 6. PROJECT INSPECTION FEES 500 000 7. LAND DEVELOPMENT _0 6. RELOCATION EXPENSES -~ 9. RELOCATION PAVM EN TS TO INDIVIDUALS AND BUSINESSES -~ 10. DEMOLITION ANO REMOVAL _0 11. CONSTRUCTION AND PROJECT IMPROVEMENT 8 600 000 72. EQUIPMENT _0 13. MISCELLANEOUS _0 1A. TOTAL (L inee 1 fAv IJ) 9 68 452 I5. ESTIMATED INCOME (Il eppll cable) -~ 16. NET PROJECT AMOUNT (Line 10 minus t5) 9,689 452 1]. LESS: INELIGIBLE EXCLUSIONS Advance of Allowance 564 952 16. ADO: CONTINGENCIES 280 000 I9~TOTAL (Share: Recipient 15 ie. Federal 75 _%) State 1000 91400 000 zo. TOTAL APPROVED ASSISTANCE AMOUNT S 7,050,000 EPA Form 5700-20A (Rev. S82) PAGE 2 OF PART III-AWARD CONDITIONS e. GENERAL CONDITIONS The recipient covenants and agrees that it will expeditiously initiate and timely complete the project work [or which assistance has been awarded under this agreement, in accordance with all applicable provisions of 40 CFR Chapter I, Subpart B. Therecipient warrants, replesen[s, and agrees that it, and its contractors, subcontractors, employees and representatives, will comply with: (1) all applicable provisions of 40 CFR Chapter I, Subchapter B, INCLUDIiQG BUT NOT LIMITED TO the provisions of Appendix A to 40 CFP Part 30, and ;2) any special conditions set forth in this assistance agreement or any assistance amendment pursuant to 40 CFR 30.425. y SPECIAL CONDITIONS (For cooperative agreements include irlentilication or summarization of EP.4 responsibi/ides that rellect or contribute to substantial involvement.) SEE ATTACHED SHEET. PAGE 3 OF 4 f o~m 5700-20A (RSV. &62) ASSISTANCE IDENTI~ 'ATION NO. C15008~ 04 D. SP eCIAI CONDITIONS (COntlnued) PART IV NOTE: The Agreement must be completed in duplicate and the f~rigiaal returned to u,u grants Adminia~.stion Division for Headquartezs awards and to the appropriate Grants Administrations Office for State and local awards 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 the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. • Any change to the Agreement by the recipient subsequent to the 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 of America, ectinE by and through the U.S. Environmental Protection Agency (EPA), hezeby offers assistance/alYicKr~KtKo the County of Hawa1i RECIPIpNT ORGONIZA TION 75 % of all approved costs incurred up to and not exceeding $ 7 050.000 'Lbr AASIp~TV M UH for the support of approved budget period effort described in application (including all application modifications) Kealakehe Wastewater Treatment Plant included herein by reference. ISSUING OFFICE (Grants Administration Office) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADORESS WTW Construction Grants Branch U.S. Environmental Protection Agency, Reqion 9 State Dept. of Health 215 Fremont Street 633 Halekauwila Street, 2nd Fl. San Francisco, CA 94105-2687 Honolulu, HI 96813-3017 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIG ATU RE OF A_MARD OFFICIAL ~' T TYPED NAME AND TITLE DATE ANIEL W. MCGOVERN, Regional Administrat 8 MAY 1989 '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 thereto, (1) the undersigned ,represents that he is duly authorized to act on behalf of the recipient organization, and (2, the recipient agrees '(a) that the award is subject to the applicable provisions of 40 CFR Chapter I, Subchapter B and of the provisions of this agreement (Parts I thru IV), and (b) that acceptance of any payments constitutes an agreement by the payee that the ar..ovnts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGN ATU RF TYPED NAME AND TITLE 'f3ERNARD K. AKANA Ma or, Count of H GATE waii P A(:F a OF E PAForm 5700-40A IRev. 5-tl21 Grant No. C150080 04 Kailua-Kona Sewerage System ~• Kealakehe Wastewater Treatment Plant SPECIAL CONDITIONS: 1. Should the discovery of potential archaeological or historical resource occur during construction, all works in the area of the find will stop and the said consultant will be called in to evaluate the situation and make recommendations to the State His- toric Preservation Officer, Department of Land and Natural Resources, State of Hawaii. Said Historic Preservation Officer will determine what will be necessary for construction to proceed. 2. No portion of this award may be used for lobbying or propaganda purposes as prohibited by 18 U.S.C. Section 1913 or Section 607(a) of Public Law 96-74. 3. The recipient agrees to submit to DOH, WTWCGB a completed Form 334 within 15 days following the end of each Federal fiscal year quarter during which the recipient or its contractors award any subagreements of supplies, equipment, con- struction or services to accomplish Federal assistance programs. 4. The grantee shall negotiate all engineering consulting subagreements for CM work and services during construction in accordance with 40 CFR Parts 31 and 35, pub- lished in the Federal Registers dated March 11, 1988 Uniform Administrative Re- quirements for Grants and Cooperative Agreements to State and Local Governments and February 17, 1984 Grants for Construction of Treatment Works; Final and In- terim Rule, and submit them to the Hawaii Department of Health, Wastewater Treatment Works Construction Grants Branch for approval. No payments for the affected engineering work will be made to the grantee under this grant until the subagreements have been approved. This condition does not affect that portion of the grant related to the allowance for planning or design work. 5. The recipient agrees that it will comply with the provisions of OMB Circular A-128 governing the audit of State and local government and Indian tribe federal assis- tance recipients for fiscal years that begin after December 3l, 1984. (This require- ment replaces 40 CFR 30.540(b) which is based on OMB Circular A-]02, Attachment P.) 6. The grantee will provide to EPA/State (in writing) a detailed description of the design performance standards which the project is expected to meet under start-up conditions and at ultimate design conditions. The data shall be submitted as part of the plan of operation prior to the fifty percent (50%) grant payment. The grantee will advise EPA/State (in writing) of the date of initiation of opera- tion. Failure to do so will cause grant payments to be withheld in accordance with 40 CFR Part 30. On the date one year after initiation of operation of the project, the grantee shall certify to EPA/State (in writing) whether or not the project is performing in accor- dance with design performance standards previously submitted and with the en- forceable requirements of the Clean Water Act. If the project cannot meet these standards or the enforceable requirements of the the Clean Water Act, the grantee must submit a corrective action report and a schedule for bringing the project into compliance (40 CFR Part 35.2218). 7. The grantee and Environmental Protection Agency agree, pursuant to Section 2033(a)(2) of the Clean Water ACt, that only those items specified as "eligible" on the Plans and Specifications Approval Form dated September 19, 1988 are eligible frr Federal participation in accordance with 40 CFR Part 35.2250. 8. The Grantee shall not permit any person to discharge wastewater into any collection line, lateral sewer, interceptor or other means of conveying wastewater to the facilities constructed under this project, if such wastewater originates from any building, facility or other manner of construction which is hereafter erected or otherwise placed, in whole or in part, upon land which is defined as a wetland or floodplain within the meaning of Federal Executive Orders 11988 and 11990. 9. The grantee agrees to build the following projects and complete waste treatment sys- tem as defined in 40 CFR 35.2005(b)(12) whether or not grant Funding is available for the remaining projects in the facility plan. PROJECT DESCRIPTION Old Airport SPS and FM Alii Drive IS Section A&B Waiaha Bay SPS Alii Drive LS., Sec. "C" & "D" &Holualoa Bay FM Holualoa Bay SPS Alii Drive I.S. Sec. "E" & "C" & Disappearing Sands FM Disappearing Sands SPS CONSTRUCTION DATE 6/90 11/91 11/91 11/92 11/93 11/94 11/95 10. The grantee agrees that it will comply with the Federal Drug-Free Workplace Act of 1988 in accordance with 40 CFR Part 32. Under the Act, all procurement contracts, including purchase orders, awarded pursuant to the provisions of the Federal Ac- quisition Regulation (FAR) that are to be performed in the United States are sub- ject to the Act. In addition, under the Act, all the contractors, grantees, and federal assistance recipients for fiscal year beginning after March 18, 1989, are required to certify that they will provide adrug-free workplace. COUNTY OF HAVI~A ~~,~~5'~ATE OF HAWAII RESOLUTION No '70 a9 WHEREAS, the federal government, by and through the Environmental Protection Agency (EPA), has offered the County of Hawaii a grant award in the amount of $7,050,000 to assist in the construction of the Kealakehe Wastewater Treatment Plant, which amount may be increased depending upon the actual cost of the project; and WHEREAS, as a condition of receiving said grant, the County shall be required to execute an EPA assistance agreement, shown in Exhibit "A," attached hereto and made a part hereof, and adhere to the special conditions incident thereto; and WHEREAS, special condition item number 9 requires the County to agree to build the following projects over the course of several years: PROJECT DESCRIPTION Old Airport SPS and FM Alii Drive IS Sec. A & B Waiaha Bay SPS Alii Drive, IS Sec. "C" & "D" & Holualoa Bay FM Holualoa Bay SPS Alii Drive, IS Sec. "E" & "f" and Disappearing Sands FM Disappearing Sands SPS CONSTRUCTION DATE 6/90 11/91 11/91 11/92 11/93 11/94 11/95; and WHEREAS, adherence by the County to the above condition will necessarily involve the encumbrance of funds from the appropriations of later fiscal years; and WHEREAS, pursuant to section 10-11 of the Hawaii County Charter, any contract or obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year shall be made or approved by resolution; and WHEREAS, the council finds that the receipt of said federal funds is of such importance to the public so as to justify the encumbering of funds from the appropriations of later years. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it authorize the County to enter into an assistance agreement with EPA for the receipt of the assistance grant for the construction of the Kealakehe wastewater Treatment Plant and, by so doing, approve of the conditions incident thereto. Dated at Hilo, Hawaii, this day of 1989. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii 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 ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO HALE INOUYE KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE YAMASHIRO Reference C-628/PWC- RESOLUTION NO. ~~ S9 Bernard K. Akana Mayor " Hugh Y. Ono Chiet Engineer 1V Of y /~~•°~~!y, Bruce C. McClure Department of Public Works Deputv ChieF Engineer ~~~~ 25 Aupuni Street, Rm. 202 • Hilo, Hawaii 96720 • (808) 961-8321 Fax (808) 969-7138 ;r ~ r o .e'~;. June 16, 1989 Honorable Russell S. Kokubun, Chairman and Members of the County Council County of Hawaii Hawaii County Building Hilo, Hawaii 96720 SUBJECT: KEALAKEHE WASTEWATER TREATMENT FACILITY EPA PROJECT NO. C150080 04 0 Part of the conditions imposed in accepting the subject grant is assurances that the County will build the following projects and complete wastewater treatment system as defined in 40 CFR 35.2005(b)(12) whether or not grant funding is available for the remaining projects in the facilities plan: PROJECT DESCRIPTION CONSTRUCTION DATE Old Airport SPS & FM 6/90 Alii Dr. Interceptor, Part A & B and Waiaha FM 11/91 Waiaha SPS 11/91 Alii Dr. Interceptor, Part C & D and Holualoa FM 11/92 Holualoa SPS 11/93 Alii Dr. interceptor, Part E & F and Disappearing Sand FM 11/94 Disappearing Sand SPS 11/95 r40 CFR 35.2005(b)(12) - "(b) As used in this subpart the fol- lowing words and terms mean: (12) Complete waste treatment system. A complete waste treatment system consists of all the treatment works necessary to meet the requirements of Title ili of the Act, involving: (i) The transport of wastewater from individ- ual homes or buildings to a plan or facility where treatment of the wastewater is accomplished; (11) the treatment of wastewater to remove pollutants; and (iii) the ultimate disposal, including recycling or reuse, of the treated wastewater and residues which result from the treatment process. ~Q,~. ~,o. bas ro: PW~ Mr. Russell S. Kokubun Page 2 June 16, 1989 The Department of Health''s phase out strategy for EPA grants includes the Old Airport SPS and FM as receiving grant funds before the termination of the federal construction grants program. Under the new wastewater construction strategy (Stine stationsg Fund Program) the Alii Drive Interceptorseans eligible to receive projects are ranked high in proposed prof g funding through the State revolving fund program. The State Revolving Fund Program is being established to allocate State and Federal dollars under a loan program to the Counties for constructing needed water quality control facilities. Proposed loan conditions includes 20 year pay back, interest at half of current interest rate. Unresolved issue is the loan participation of 100 percent loan or 75 percent loan with 25 percent county participation. Public Hearirgoritlllistrequired for the intended use plan and for project p Y attachedtResolutionrtouabovegconditionsubeforepaccepting the federal grant for the subject project. HUGH Y. ONC_~ CHIEF ENGINEER APPROVED: -~ .~. `/,~ ~- ~~ ~~i~G/Lf~l ~ ' BERNARD K. AKANA Mayor Attachment cc: WWM DPW REPORT OF THE COMMITTEE ON PUBLIC WORKS DATE: June 27, 1989 PLACE: Councilroom TIME: 9:00 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works to which was referred Resolution No. 70-89, reports as follows: The purpose of this Resolution is to authorize the County to enter into an assistance agreement with the Environmental Protection Agency (EPA) for the receipt of an assistance grant for the construction of the Kealakehe Wastewater Treatment Plant and also to approve and accept the conditions of such grant. The EPA is offering the County of Hawaii a grant award of $7.05 million to cover 75 percent of the construction cost for the Kealakehe Wastewater Treatment Facility. The County's share of the cost is $1.41 million. In order to receive such grant, the County must agree to construct over the course of several years, the following: Kona Old Airport Sewage Pumping Station (SPS) and Force Main (FM) Alii Drive Interceptors, Parts A, B, C, D, E, F Waiaha SPS and FM Holualoa SPS and FM Disappearing Sands SPS and FM Communication No. 628, from the Chief Engineer, forwards that funding for these projects are anticipated to come from the State Revolving Fund Program. This program is being established to allocate State and Federal money under a loan program to the Counties for constructing needed water quality control facilities. Your Committee expressed strong concerns about the overall impact the County will face in approving this resolution. Aside from the $1.41 million already required of the County to construct the wastewater treatment facility, an additional $15 million could be incurred for the projects listed on the resolution if the County does not receive funds from the State Revolving Fund Program. Your Committee also cautions about the similar conditions the EPA may impose for the new Hilo Wastewater Treatment Facility if this resolution is approved. Your Committee was also concerned whether or not the County is prepared to accept the provisions of the Federal Drug Free Workplace Act of 1988 which is required as condition 10 of the grant. PWC REPORT N0. 42 ADOPTED: PWC-42 Page 2 June 27, 1989 The Department of Public Works informed the Committee that notification to commit to the EPA for the grants is July 8, 1989. Your Committee requested the Department of Public Works to apply for an extension of this date from the EPA. Your Committee further requested the Department of Public Works, in conjunction with the Finance Department to provide more information on the proposed funding and costs for the projects required of the County by the EPA. Your Committee on Public Works recommends that Resolution No. 70-89 be referred to the full Council for deliberations without recommendations. L/ ~~ VICE RAINE + IN YE, MEMBE KUAKANE, MEMBER HARRY RUDDLE, MEMBER LA/DH WHEREAS, pursuant to section 10-11 of the Hawaii County Charter, any contract or obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year shall be made or approved by resolution; and WHEREAS, the council finds that the receipt of said federal funds is of such importance to the public so as to justify the encumbering of funds from the appropriations of later years. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it authorize the County to enter into an assistance agreement with EPA for the receipt of the assistance grant for the construction of the Kealakehe Wastewater Treatment Plant and, by so doing, approve of the conditions incident thereto. Dated at Hilo, Hawaii, this day of 1989. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2-