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HomeMy WebLinkAboutRES 215 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 21S (10 HOUSING PRESERVATION GRANT PROGRAM TO PROVIDE LOW OR ZERO INTEREST LOANS OR GRANTS TO QUALIFIED FAMILIES. WHEREAS, the United States Department of Agriculture, Rural Development (RD), has advised the County of Hawaii on December 21, 1999, that a preapplication for the 2000 Housing Preservation Grant (HPG) Program is due on March 22, 2000; and WHEREAS, $40,000 is available for Statewide competition; and WHEREAS, the primary objective of the HPG Program is to provide low or zero interest loans or grants to very low-income families for basic renovations and repairs to their homes; and WHEREAS, Section 2-73, Hawaii County Code, requires that all instruments and documents relating to the housing programs of the Hawaii County Housing Agency be signed by the Mayor as authorized by the Charter and the Council; and WHEREAS, it is required by the RD that the County of Hawaii submit a preapplication with certifications and other documentation assuring conformance to related rules, regulations and laws of the HPG Program; and WHEREAS, it is further required by the RD that, if the preapplication is approved, the County of Hawaii must submit an application to obligate funds; and OBBSH.CMY • • NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I, that the Mayor of the County of Hawai'i or, in his absence, the Acting Mayor is hereby authorized to execute and submit the attached 2000 Housing Preservation Grant preapplication and, if approved, all other related documents and agreements necessary to process and implement the Housing Preservation Grant application and program with the United States Department of Agriculture, Rural Development. BE IT FURTHER RESOLVED that the Mayor or hi's authorized representative is designated to act as the representative of the County. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Office of Housing and Community Development. Dated at Hilo, Hawai'i, this 10th day of March , 2000. INTRODUCED BY: COUNCI MEMBER, COUNTY OF HAWAI'I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI X CHUNG X 1 hereby certify that the foregoing RESOLUTION was by ELARIONOFF X the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON X County of Hawaii on March 10, 2000 LE:THEAD -TODD X ATTEST: PISICCHIO X SMITH X TYLER X d , n YAGONG X 8. 0 1 0 COUNTY CLE' FAIRMAN & PRESIDING OFFICER Reference: C 0885H.CMY 21.5 00 RESOLUTION NO. tv w AL KONISHI ~ ~ DONALD IKEDA Cuunlr Clerk Uepulr CO[/NP C[crk h.M M~~ CONSTANCE R. KIRIU Legisluli yr Andi(or OFFICE OF THE COUNTY CLERK County of Hawaii Hawaii County Building ZS Aupuni Street Hilo. Hawaii 967?0 Telephone: 961-4255 Facsimile: 961-892 NOTE On Resolution 215-OQ reference is made to the attached 2000 Housing Preservation Grant. Because of the large size of said attachment, they are not a par[ of the duplicate copies of this Resolution but are available for viewing in the Office of the County Clerk. If further information is needed, please call 961-8255. onishi COUNTY CLERK Res. 215-99 Comm. 666 • • APPLICATION FOR p OMB Approval NO. 0 348-0043 FEDERAL ASSISTANCE 1 DATE suaMTTTED Ad Mentdar 99- 6000567 1. TYPE OF SUBMISSION: : D. DATE RECEIVED BY STATE State AssImam Idenbpar AAA1SS P CI Construction ' 0 Construction a. DATE RECEIVED BY FEDERAL AGENCY Federal oenorer C NbnConabucaarl ❑ Non-ConseuctIon 5. APPLICANT INFORMATION Lam Name: County of Hawai' i OrgsnmtlonS Vale Address (Ova °or, county, sari and lip cos Name and telephone number of the parson to be contacted on mailers inwhing this application 50 Wailuku Drive Ed in�S. Taira Hilo, Hawaii 96720 (808) 961 -8379 S EMPLOYER IDENTFlCATTON NUMBER (EIN): 7. TYPE OF APPLICANT: tenter a aroprure later N ORO El 1 9 91 610 0 5 617 A. Stale H. Independent School Obit B. County 1. state Controlled Inanition or Higher Learning 0. TYPE OP APPLICATION: C. Municipal J. Private University 0. Township IL Indian Tribe ❑ New ❑ Cnbnuatar ❑ RiWban E. Yttentete L IMiv duel F. hkan'n*ips M. Profit Orgartaaon It Ravtalon..me, appropriate lotions) in box(.): ❑ 0 0. Spada' Drtno N. Oder (Spac'y): A Incases Awam 8. Docrsase Award C. Increase Duration D. Dsuws Wrstlon Other ('speay/ IL NAME OF FEDERAL AGENCY: USDA - Rural Development 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER: 1 0 - 413 3 Rural Housing Preservation Grant Rural Housing Preservation Program Funds will be used to provide TITLE: Grant Program financial assistance to very low - 12. AREAS AFFECTPD PROJECT (*Lxtntet Non at:): income rural homeowners to repair • County of Hawai'i, State of Hawai'i and rehabilitate their homes. 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date is *pent. M b. Prided 11/2000 11/2001 Hawai'i -2nd District 2nd District ;County Wide - County of Hawaii . 1S ESTIMATED FUNDING: ' 18. IS APPLJCATIQN SUBJECT TO REVIEW BY STATE E IECITVE omen 12372 PROCESS" a. YES. THIS PREAPPUCATOWAPPUCATION WAS MADE AVAILABLE TO NE STATE EXECUTIVE ` Federal $ 40,000 ' ORDER 12072 PROCESS FOR REVIEW oN: b. Appimnt 4 .00 DATE a Slate 1 .W b. NO ® PROGRAM IS NOT COVERED BY EO. 12772 d Lae) $ 4,000 . 00 ❑ OR PROGRAM HAS NOT SEEN SELECTED STATE FOR REVIEW e. Other 4 .00 • r. Program Inooma $ 11,000 .00 17. IS APPLICATION RlATION DOUENT ON ANY FEDERAL DEBT? Q YES a 'Yea,' attach n ern. ® No lc TOTAL $ 55,000 D0 to TO THE BEST OF MY %NOWLEOGE AND BUMF, ALL DATA IN TNIS APPUCA71ON/PREAPPUCATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY INC GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY W'rni THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED a. Typed Name of Authorised RepresanbrUV. b. TIM a Telepllono numbx Stephen K. Yamashiro Mayor (808)961 -8211 d. Slgnaaw of Authorized Repreeentetive a. Data Signed Previous Editions Not Usable Standard Foen 424 (Rev 4-88) a AUTHORIZED FOR LOCAL REPRODUCTION Prcacnbed co OMB Crtnlar A • • INSTRUCTIONS FOR THE SF 424 This is a standard form used by applicants as a required facesheet for preapplications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: Item: Entry: 1. Self- explanatory. 12. List only the largest political entities affected (e.g., State, counties, clues). 2. Date application submitted to Federal agency (or State if applicable) & applicant's control number 13. Self - explanatory (if applicable). 14. List the applicant's Congressional District and 3. State use only (if applicable). District(s) affected by the program or project. 4. If this application is to continue or revise an 15. Amount requested or to be contributed during the existing award, enter present Federal identifier rust funding/budget period by each contributor. number. If for a new project, leave blank. Value of in- kktind contributions should be included on appropriate lines as applicable. If the action 5. Legal name of applicant, name of primary will result in a dollar change to an existing award, organizational unit which will undertake the indicate only the amount of the change. For assistance activity, complete address of the decreases, enclose the amounts in parentheses. If applicant, and name and telephone number of the both basic and supplemental amounts are person to contact on matters related to this included, show breakdown on an attached sheet. application. For multiple program funding, use totals and show breakdown using same categories as item 6. Enter Employer Identification Number (EIN) as 15. assigned by Internal Revenue Service. 16. Applicants should contact the State Single Point 7. Enter the appropriate letter in the space provided. of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is 8. Check appropriate box and enter appropriate subject to the State intergovernmental review letter(s) in the space(s) provided: process. - "New" means a new assistance award. - "Continuation" means an extension for an 17. This question applies to the applicant organi- additional funding/budget period for a project zation, not the person who signs as the authorized with a projected completion date. representative. Categories of debt include - "Revision means any change in the Federal delinquent audit disallowances, loans and taxes. Governments financial obligation or contingent liability from an existing obligation. 18. To be signed by the authorized representative of the applicant. A copy of the govemtng body's 9. Name of Federal agency from which assistance is authorization for you to sign this application as being requested with this application. official representative must be on file in the applicant's office. (Certain Federal agencies may 10. Use the Catalog of Federal Domestic Assistance require that this authorization be submitted as part number and tide of the program under which of the application.) assistance is requested. 11. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project. SF 424 (REV 4-aa) Back • • • OMB Approval No. 0348-0040 ASSURANCES — NON - CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal (e) the Drug Abuse Office and Treatment Act of assistance, and the institutional, managerial and 1972 (P.L. 92 -255), as amended, relating o financial capability (including funds sufficient to nondiscrimination on the basis of drug abuse; (f) the pay the non - Federal share of project costs) to ensure Comprehensive Alcohol Abuse and Alcoholism proper planning, management and completion of the Prevention, Treatment and Rehabilitation Act of project described in this application. 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or 2. Wilt give the awarding agency, the Comptroller alcoholism; (g) 44 523 and 527 of the Public Health General of the United States, and if appropriate, the Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 State, through any authorized representative, access ee -3), as amended, relating to confidentiality of to and the right to examine all records, books, alcohol and drug abuse patient records; (h) Title papers, or documents related to the award; and will VIII of the Civil Rights Act of 1968 (42 U.S.C. 44 establish a proper accounting system in accordance 3601 et seq.), as amended, relating to non - with generally accepted accounting standard or discrimination in the sale, rental or financing of agency directives. housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for 3. Will establish safeguards to prohibit employees Federal assistance is being made; and (j) the from using their positions for a purpose that requirements of any other nondiscrimination constitutes or presents the appearance of personal or statute(s) which may apply to the application. organizational conflict of interest, or personal gain. 7. Will comply, or has already complied, with the 4. Will initiate and complete the work within the requirements of Title II and III of the Uniform applicable time frame after receipt of approval of Relocation Assistance and Real Property Acqui- the awarding agency. sition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons . 5. Will comply with the Intergovernmental Personnel displaced or whose property is acquired as a result Act of 1970 (42 U.S.C. 44 4728 -4763) relating to of Federal or federally assisted programs. These prescribed standards for merit systems for programs requirements apply to all interests in real roperty funded under one of the nineteen statutes or acquired for project purposes regardless of Federal regulations specified in Appendix A of OPM's participation in purchases. Standard for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 8. Will comply with the provisions of the Hatch Act (5 U.S.C. 44 1501 -1508 and 7324 -7328) which limit 6. Will comply with all Federal statutes relating to the political activities of employees whose principal nondiscrimination. These include but are not employment activities are funded in whole or in part limited to: (a) Title VI of the Civil Rights Act of with Federal funds. 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) 9. Will comply, as applicable, with the provisions of Title DC of the Education Amendments of 1972, as the Davis -Bacon Act (40 U.S.C. 44 276a to 276a -7), amended (20 U.S.C. 44 1681 -1683, and 1685 - the Copeland Act (40 U.S.C. 4 276c and 18 U.S.C. 4 1686), which prohibits discrimination on the basis 874), and the Contract Work Hours and Safety of sex; (c) Section 504 of the Rehabilitation Act of Standards Act (40 U.S.C. 44 327- 333), regarding 1973, as amended (29 U.S.C. 4 794), which labor standards for federally assisted construction prohibits discrimination on the basis of handicaps; subagreements. (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 44 6101 - 6107), which prohibits discrimination on the basis of age; Standard Pam 424B (4-891 Prmnibed by OMB Cvnia, 4.102 • • • 10. Will comply, if applicable, with flood insurance 13. Will assist the awarding agency in assuring purchase requirements of Section 102(a) of the compliance with Section 106 of the National Flood Disaster Protection Act of 1973 (P.L. Historic Preservation Act of 1966, as amended (16 93 -234) which requires recipients in a special U.S.C. § 470), EO 11593 (identification and flood hazard area to participate in the program and protection of historic properties), and the to purchase flood insurance if the total cost of Archaeological and Histonc Preservation Act of insurable construction and acquisition is 510,000 1974 (16 U.S.C. $$ 469a -1 et seq.). or more. 14. Will comply with P.L. 93 -348 regarding the 11. Will comply with environmental standards which protection of human subjects involved in research, may be prescribed pursuant to the following: (a) development, and related activities supported by institution of environmental quality control this award of assistance. measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order 15. Will comply with the Laboratory Animal Welfare (EO) 11514; (b) notification of violating facilities Act of I966 (P.L. 89 -544, as amended, 7 pursuant to EO 11738; (c) protection of wetland U.S.C. $$ 2131 et seq.) pertaining to the care, pursuant to EO 11990; (d) evaluation of flood handling, and treatment of warm blooded animals hazards in iloodplains in accordance with EO held for research, teaching, or other activities 11988; (e) assurance of project consistency with supported by this award of assistance. the approved State management program developed under the Costal Zone Management Act 16. Will comply with the Lead -Based Paint Poisoning of 1972 (16 U.S.C. $$ 1451 et seq.); (f) conformity Prevention Act (42 U.S.C. §§ 4801 et seq.) which of Federal actions to State (Clear Air) prohibits the use of lead based paint in con - Implementation Plans under Section 176(c) of the struction or rehabilitation of residence structures. Clear Air Act of 1955, as amended (42 .S.C. $$ 7401 et seq.); (g) protection of underground 17. Will cause to be performed the required financial sources of dnnking water under the Safe Dnnking and compliance audits in accordance with the Water Act of 1974, as amended, (P.L. 93 -523); Single Audit Act of 1984. and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, 18. Will comply with all applicable requirements of (Pi. 93-205). all other Federal laws, executive orders, re- gulations and policies governing this program. 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. $$1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. • • SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Stephen K. Yamashiro Mayor APPUCANr ORGANIZATION DATE SUBMITTED County of Hawaii U.S. GOJERNMENi PRINTING OFFICE 1g90- 857.145 SF 4249 (4-aa) Bad • • .. . . _ . . ' } , ( fƒ as - ea es as we t\ 1 - § 0 to \ 0 r. O at as as - � - - 0 co \O ! co �!! Z � °" C 0 O B 0 1 4 = as es Z 411- 11 0 40. at 2/ O ) w Z `§ © % \ � cc) Wi 0 . § ! 4 - 2 M - c Ura 0 2; Z 44 . - ) ® 44 la 40 44 = ] G 0 °2 § 0 0 z! en p �f . 0 N1 2 § 41 44 § k | 0 ! 5 § _ - § 2 § ■ _ m to a \ — \ { ii } ( • ; \ — 0 § ) k tz co ai k 6 w ■ w■■ k m ry • • 3 ° ° — ° ° s — 0 o 0 0 4 a 0 z � m 0 0 H m 0 ° ° 0 o o LL .4 V' In to ii 0. Ill ul r4 V' In to Q N N N N N N ea 2 1 ° ° a m a 11G 0 O 3 LL 0 O o s . C = N If o •-1 - E N N N N N Ca L 01 0 1 a m € C os. 0 O O as 0 0 4 (7 0 O ° v v w w 2 N N W I .m.. N N a N 6 o 2 o a O U vi e C O e i W Z ' ac I`s $ i 0 0 °o 0 O m LL G ci° o o 0 0 Z < $ = m ^ . in In O z m m 1. -1 .. O N N Q � . N N N H E a a • a °e w GC 3 O ° Z C pp ° 0 0 O S i— 0 0 0 W v v v O ^ G N N N N N m • _ * rig L a to m °ag G i_ as a s I a 2 I "6 e v • E m 'c E a a E ` �' W V A c '5 n c c ° -- m 4 6 t $ - m c = ° ° - a ▪ O m CLL< Y 6 L. 1- W N a a O 1- F P p O r ° C7 0 a a u 15 m w 2 _ _ a d .. ci ri 4 4 4 14 • • • FmHA Instruction 1944 -N Exhibit F -2 Guide: Grantee's Process for Identifying Properties Requiring FmHA Environmental Assessments T. Before beginning work on a particular dwelling, we (grantee) agree to answer the following questions in accordance with the accompanying guidelines: A. Floodplains, Wetlands, and Costal Barrier Resources System (CERS) 1. Is the dwelling located in a 100 -year floodplain? The grantee will check the latest Federal Emergency Management Agrncy (FEMA) Floodplain Insurance Rate Maps to determine if the property is located in a 100 -year floodplain. These maps are provided by FEMA to each community which has been mapped, and may be reviewed at local municipal or county governmental offices. FEMA maps may be purchased from FEMA's Flood Map Distribution Center by calling 1-800-333-1363. In addition, Farmers Home Administration (FmHA) County Offices maintain an • unofficial set of the maps. If a community has not been mapped, information regarding floodplains may be obtained from the Soil Conservation Service (SCS), the U.S. Fish and Wildlife Service, the U.S. Army Carps of Engineers, the U.S. Geological Survey offices, or regional or State agencies established for flood prevention purposes. The grantee will check with the -FmHA County Supervisor if a dwelling appears to be in a questionable location. When advised to do so by FmHA or one of the above agencies, the grantee will obtain the services of a registered engineer or appropriate environmental professional to make the floodplain determination. 2. Is the dwelling located in a wetland? The grantee will check with the local SCS office to determine if the dwelling is located in a wetland protected by Executive Order 11990, "Protection of Wetlands." When advised to do so by SCS or FmBA, the grantee will obtain the services of an appropriate environmental professional to make the wetland determination. • (09- 01 -93) PN 2121 • • FmHA Instruction 1944 -N Exhibit F -2 Page 2 If the dwelling is located in a floodplain or a wetland, the grantee will do no work on the dwelling until FmHA completes an environmental assessment. The grantee will abide by the decisions resulting from the assessment, including mitigation measures or a decision to reject the dwelling for the Housing Preservation Grant (HPG) program. The applicant will provide the FmHA official performing the assessment a copy of the proposed mitigation measures for properties located in floodplains or wetlands submitted with Form FmHA 1940 -20, "Request for Environmental Information. ". 3. Is the dwelling located in the CBRS? If the dwelling is located on or adjacent to a coast of the United States or the Great Lakes, the grantee will check with the U.S. Fish and Wildlife Service to determine if the property is part of the CBRS. FmHA County Offices servicing coastal areas may also have CBRS maps. If a dwelling is located within the CBRS, the dwelling is ineligible for the HPG program. B. Historic and Archaeological Properties • 4. Does the dwelling or property have any historic or archaeological value? The grantee will develop in consultation with the State Historic Preservation Officer (SHPO) a process to ensure full compliance with the spirit and intent of FmHA Instruction 2000 -FF. The process will take into account the national historic preservation objectives set forth in Attachment 1 of Exhibit A of FmHA Instruction 2000 -FF, and will encourage the rehabilitation of historic buildings in a manner "that realistically meets the needs of very low- and low- income property owners while preserving the historic and architectural character of such buildings. The grantee will identify properties that are listed or eligible for listing on the National Register of Historic Places. This will be accomplished by evaluating the property as set forth in Attachment 2 of Exhibit A of FmHA Instruction 2000 - FF. • • FmHA Instruction 1944 -N Exhibit F -2 Page 3' At a minimum, the grantee will contact the SHPO and request comments when any of the following conditions occur: (a) The dwelling proposed for rehabilitation and /or repair is older than 50 years; (b) Regardless of age, the property appears to have significant historic and /or archaeological features, including, but not limited to: (1) The dwelling appears to have unusual architectural features which are not typically found in the area; • (2) A graveyard or burial ground of any type is known to be on the property; (3) The property contains or is known to have contained a significant number of artifacts such as arrowheads, stone tools, etc.; (4) The property is located in or adjacent to a currently listed historic district or site. (c) Any other conditions agreed upon by the grantee and SHPO under the terms of FmHA Instruction 2000 -FF. When planning the rehabilitation of a historic property for a proposed recipient „ the grantee will comply with the ,Secretary of the Interior's Standards for [rehabilitation and Guidelines for Rehabilitating Historic Buildings to the extent practicable. If, after consulting with SHPO, it is determined the Secretary of the Interior's Standards for Rehabilitation • and Guidelines for gehabfliraring Historic Buildings cannot be reasonably met, or it is determined a historic property will be adversely affected, the grantee will furnish all necessary information and initiate formal consultation to afford the Advisory Council on Historic Preservation an opportunity to comment. Attachment 3 of Exhibit A of FmHA Instruction 2000 -FF provides additional guidance on this subject. (09- 01 -93) PN 212 • • • FmHA Instruction 1944 -N • Exhibit F -2 Page 4 If at any time during renovation work one of the above conditions mentioned in paragraphs (a) through (c) of this section becomes apparent, the grantee will immediately cease work on the property and contact the SHPO and FmHA. The grantee will abide by the directions of the SHPO and FmHA concerning further work on the property. C. Other Environmental Considerations 5. Does the property contain any areas where chemicals or petroleum products are stored, disposed of, or appear to have been released into the environment? If the grantee discovers such a condition on the property, the grantee will not remove or handle any of these materials. The grantee will immediately consult with the occupants /owners of the dwelling regarding the situation and will contact FmHA and, if appropriate, the local Health Department or environmental regulatory agency for further guidance. 6. Are there adjacent land uses which now or in the future • present a potential detriment to the quality of the environment of the subject property? The grantee will do a thorough reconnaissance of the surrounding area and determine if there are: noise sources (railroads, airports, industry, heavily traveled highways, etc.); safety or sanitary problems; air pollution sources; or severe deficiencies in services such as fire protection, crime control, etc. If any of the adverse environmental conditions noted in paragraphs 5 and 6 of this section are discovered, the grantee will do no work on the dwelling until FiHA has been consulted. The grantee will abide by the decisions resulting from the consultation and /or assessment, including mitigation measures or a decision to reject the dwelling for the HPG program. • • • • FmRA Instruction 1944 -N Exhibit F -2 Page S II. We (the grantee) will answer each of these questions on each property considered for inclusion in the HPG program, and will document the recipient file with our findings. If none of the questions are answered "Yes," we will document such in the recipient file and will proceed with the repair /rehabilitation of the property as planned. We will monitor the work being done to insure that all construction wastes are properly disposed of. We will fully cooperate with and assist Fm}A in the preparation of any necessary environmental reviews on the property. SUBMITTED BY: County of Hawai'i Mayor Grantee Title Signature Date o0o • • (09- 01 -93) PN 212 • . • • FmHA Instruction 1944 -N Exhibit F -1 Guide For Completing Form FmHA 1940 -20, "Request for Environmental Information" for a Preapplication for Housing Preservation Grant (HPG) Introduction The purpose of this guide is to simplify the HPG applicant's task in completing Form FmHA 1940 -20, "Request For Environmental Information." The guide tailors the use of the form to the needs of the HPG program. Applicants should first read the questions on the form and then use this guide in preparing their responses. Completion of Item lb Item lb of the form is completed whenever the applicant checks'the "No" block under item la. Since financial assistance for an HPG has been defined by Farmers Home Administration (FmHA) as a Class I action, the applicant need only provide the following information when filing a preapplication. If further • information is required, the applicant will be so advised by the FmHA office processing the preapplication. The following is a discussion on how to respond to these six required parts. 1. Primary Beneficiaries For the purposes of determining the HPG proposal's environmental impacts, the primary beneficiaries for an HPG will be the residents of the dwellings to be repaired and /or- rehabilitated. Therefore, the applicant should briefly state the expected number and type of dwellings that the proposal may assist and, in particular, all repair and rehabilitation activities that are part of the proposal. 2. Area Description (a) The applicant does not need to provide any description of the specific dwellings to be repaired or rehabilitated. Most of these are probably unknown at the time of preapplication submittal. Therefore, a more general description should be provided of the geographical area(s) in which the applicant's HPG program will operate. The applicant must describe: (1) The environmentally sensitive land uses within this geographical area(s) such as floodplains, wetlands, and coastal areas; • (09- 01 -93) PN 212 • • FmHA Instruction 1944 -I • Exhibit F -1 Page 2 (2) The presence within the geographical area(s) of all environmental conditions such as excessive noise levels, radon gas, inadequate water supply or sewage treatment, contaminatiot from toxic, hazardous, or radioactive substances, seismic conditions, a violation of an ambient air quality standard(s) resulting from emissions from a major facility, or any other health /safety hazards known to the applicant; and (3) The potential for properties to be assisted by the applicant's program to be located in or impacted by the conditions described in paragraphs (1) and (2) of this section. (b) For each box checked "Yes" in item 3, describe the nature of the effect on the resource. If one or more of boxes 17 thru 22 is checked 'Yes" or "Unknown," contact FmHA for instructions relating to the requirements for floodplains, wetlands, and the Costal Barrier Resources System. (c) In terms of maps and descriptive information, a map showing a reasonable amount of detail, i.e., all roads, waterways, railroads, airports, etc., must be provided that clearly delineates the geographic area(s) to be served by the HPG program. Also, if the applicant has plans to concentrate HPG funds in a particular area or on a particular type of housing, associated general locations should be highlighted on the map. 3. PuUic Reaction (a) Describe any objections which have been made to the project. (b) If a public hearing has been held, attach a copy of the transcript or other official record of the hearing. If a public hearing has not been held, certify to that effect. (c) Indicate any other evidence of the communities awareness of the project such as newspaper articles or public notification. 4. Mitigation Measures Applicants will use this part to describe the mitigation measures that will be considered and /or used should any dwellings to be assisted be located within the environmentally sensitive or hazardous areas described by the applicant in response to section 2 of this exhibit. • • • FmRA Instruction 1944 -N Exhibit F -1 Page 3 5. Permits Discuss the status of, and if available, attach any State, sub - State, or local permits or permitting processes of an environmental nature that will have to be complied with in the implementation of the HPG program. There is no FmHA requirement that applicants apply for, permits during the preapplication or application review process. 6. Other Federal Actions Identify other federal programs or actions which are either related to this project or located in the same geographical area(s) and for which you are filing a preapplication, have recently received approval, or are in the planning stages. Completion of Item 2 Applicants must complete this item. Applicants must develop their proposal as it relates to historic preservation in consultation with the State Historical Preservation Officer (SHPO) and provide the SHPO with a • copy of their statement of activities and be prepared to discuss and modify it to reflect the historic preservation requirements of the HPG program. (For further information, please review §1944.673 of this subpart and the Programmatic Memorandum of Agreement (FmHA Instruction 2000 -FF) provided as part the RFC preapplication package.) Completion of Item 3 Self - explanatory. Completion of Item 4 The answer to this question will be known by the applicant since the applicant would have been formally notified by the U.S. Environmental Protection Agency if the applicant has been listed or is under consideration for listing. oOo • (09.01.93) 114 212 • USDA -Fmt& • . FORM APPROVED Form FmHA 1940 -20 OMB NO. os�a -oosa (Rev. 1.92) REQUEST FOR ENVIRONMENTAL INFORMATION Name of Project Hous. Pres. Grant Location Island Wide Item la. Has a Federal, State, or Local Environmental Impact Statement or Analysis been prepared for this project? ❑ Yes X No ❑ Copy attached as EXHIBIT I -A. lb. If "No," provide the information requested in Instructions as EXHIBIT I. Item 2. The State Historic Preservation Officer (SHOP) has been provided a detailed project description and has been requested to submit comments to the appropriate FmHA Office. X] Yes ❑ No Date description submitted to SHPO Item 3. Are any of the following land uses or environmental resources either to be affected by the proposal or located within or adjacent to the project site(s)? (Check appropriate box for every item of the following checklist). Yes No Unknown Yes No Unknowr I. industrial ❑ ❑ 2 18. Beaches ❑ l; ❑ 2. Commercial ❑ ❑ a 19. Dunes Q N ❑ • 3. Residential ❑ ❑ 2 20. Estuary ❑ g 0 4. Agricultural ❑ ❑ CI 21. Wetlands ❑ N ❑ 5. Grazing ❑ ® ❑ 22. Floodplain ❑ g ❑ 6. Mining, Quarrying ❑ 2 ❑ 23. Wilderness ❑ 6 ❑ (designated or proposed under the Wilderness . 7. Forests ❑ ❑ 2 Aril 24. Wild or Scenic River ❑ 3 ❑ S. Recreational ❑ ❑ 3 (proposed or designated under the Wild and Scenic Rivers Act) 9. Transportation ❑ ❑ 3 25. Historical, Archeological Sites ❑ ❑ (Listed on the National Register of Historic 10. Parks ❑ ❑ 3 Placer or which may be eligibly for listing) II. Hospitals ❑ ❑ 3 26. Critical Habitats ❑ 2 ❑ (endangered)rhrearened species) 12. Schools ❑ ❑ at 27. Wildlife ❑ 3 ❑ 13. Open spaces ❑ ❑ [7j 28. Air Quality ❑ ❑ • 14. Aquifer Recharge Area ❑ ❑ 29. Solid Waste Management ❑ ❑ DI 30. Energy Supplies ❑ ❑ A 15. Steep Slopes ❑ ❑ C 31. Natural Landmark ❑ 6 ❑ 16. Wildlife Refuge ❑ 6 ❑ (Listed on National Registry of Natural Landmarks) 17. Shoreline ❑ 00 ❑ 32. Coastal Barrier Resources System ❑ 2 ❑ Item 4. Are any facilities under your ownership, lease, or supervision to be utilized in the accomplishcmcnt of this project, either listed or under consideration for listing on the Environmental Protection Agency's List of Violating Facilities? ❑ Yes ($No Signed: (Dare) (Applicant) County of Hawall L Stephen K. Yamashirn, Mavnr (Title) Puglia reporting burden for gilts collection or In formation le utiraated to ausrage 10 to 00 hour per nsponee, including the time for reviewing in- otruedons, searching existing data sources, gathering and maintaining the data need and completlutlm e and rvlewraons ing rot to colle Nis burden, ro DPor o n atlnn, e Sen d comments gnrding rhea burden estimate or env other sweet o/ tab coast no of tnro mat rm m s ugge reng n n mt of werr Clearance Officer, PERM, Room 0 -W. Was/UM/tea. 20260: and to Me Office of Monagernent and Rudnt. Pae don nuorh Re- doe Protect (OM R No. 0676 - 0090). Wasnlnston. D.C.2060a. Please DO NOT RETURN this form to either of these addressee Forward to Pm HA on lr • • Position 3 USDA FORM APPROVED Form RD 400-4 ASSURANCE AGREEMENT OMB No. 0575 -0018 (Rev. 3 -97) (Under Tide VI, Civil Rights Act of 1964) The County of Hawai'i name of recipie t 25 Aupuni Street, Hilo, Hawaii 95720 (address) ( "Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part 15, and Rural Housing Service, Rural Business - Cooperative Service, Rural Utilities Service, or the Farm Service Agency, (hereafter known as the " Agency ") regulations promulgated thereunder, 7 C.F.R. § 1901.202. In accordance with that Act and the regulations referred to above, Recipient agrees that in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7 C.F.R. §14.2) no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. I. Recipient agrees that any transfer of any aided facility, other than personal property, by sale. lease or other conveyance of contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 2. Recipient shall: (a) Keep such records and submit to the Government such timely, complete, and accurate information as the Government may determine to be necessary to ascertain our /my compliance with this agreement and the regulations. (b) Permit access by authorized employees of the Agency or the U.S. Department of Agriculture during normal business hours to such books, records, accounts and other sources of information and its facilities as may be pertinent to ascertaining such compliance. (c) Make available to users, participants. beneficiaries and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner as the Agency or the U.S. Department of Agriculture finds necessary to inform such persons of the protection assured them against discrimination. 3. The obligations of this agreement shall continue: (a) As to any real property, including any structure, acquired or improved with the aid of the Federal financial assistance, so long as such real property is used for the purpose for which the Federal financial assistance is made or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property, whichever is longer. (b) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as Recipient retains ownership or possession of the property. (c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made. 4. Upon any breach or violation this agreement the Government may, at its option: (a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project, service or activity. (b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. • Rights and remedies provided for under this agreement shalt be cumulative. In witness whereof, County of Hawai i on this (name of recipient) date has caused this agreement to be executed by is duly authorized officers and its seal affixed hereto, or, if a natural person, has hereunto executed this agreement. Stephen K. Yarnashiro Recipient (S EA L) Date • Attest. Mayor Tide Title Acrmdin ro Mr Puprwnrk Redaction Au of 1997, nn perrrot are required at respond to a collection of information aMesr it displays a valet OMB control number the slid OMB icntrta slam for chit in /immanent coBrcnnn ix 0570{0/8. The time required ",o complete Air information i, examined to average 15 minutes per response, including the rime for reviewing inurrucrionr, %earthing existing data tnureer, gathering and nginmi ing the dare needed and completing and reviewing the collection of information • U. S. GPO'.109 r.55a35 W g0 m 85 • • OMB APPROVAL NO. 9000 -0101 U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING • DRUG -FREE WORKPLACE REQUIREMENTS (GRANTS) ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS This certification is required by the regulations implementing Sections 5151-5160 of the Orug- Free workplace Act of 1988 (Pub. L. 100 -690, Title V, Subtitle 0; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017.600, Purpose. The regulations were published as Part II of the January 31, 1989 Federal Register (pages 4947- 4952). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) Alternative 1 (A) The grantee certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about •- (1) The dangers of drug abuse in the workplace; - (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penaltles that may be imposed upon employees for drug abuse violations occurring the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and Form AD• 1049 (2/89) • • (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following potions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making $ good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (e), (d), (e) and (f). 8. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant. Place of Performance (Street address, city, county, State, zip code) County of Hawai'i Rural Housing Preservation Grant Organization Name PR/Award Number or Project Name Stephen K. Yamashiro Name and Title of Authorized Representative Signature Date INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the grantee is providing the certification set out on pages 1 and 2. 2. The certification set out on pages 1 and 2 is a material representation of fact upon which reliance was placed when the agency determined to award the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free workplace Act. 2 Fr AD -1040 (2/89) *U.S. GPO' 1989 -016- 006!115. • .• U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CfR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. • (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and Its principals: (a) are not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or focal) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, 'falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within s three-year period preceding this application /proposal had ore or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. County of Havai'i Rural Housing Preservation Grant Organization Name PR /Award Number or Project Mame Stephen R_ Yamashirn, Mayor Name and Title of Authorized Representative Signature Date , 1 Form AD-1047 (2/89) • • INSTRUCTIONS FOR CERTIFICATION 1. gy signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not net esaarfly result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish • Certification or an explanation shell disqualify such person from participation in this transaction. 3. The certification in this clause is a materiel representation of fact upon which reliance was plated when the department or agency determined to enter Into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification ves erroneous when submitted or has become erroneous by reason of changed circumstances. 5. 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 Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form 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 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment, suspension, Ineligibility . and Voluntary Exclusion - lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. E. 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 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 Nonprocurement List. 9. Nothing contained in the foregoing shell be construed to require establishment of e 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 po d by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with • person who is 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 may terminate this transaction for cause or default. 2 'us.oPO.190*6615000A3O2Y Form AD-1047 (2/09) • • U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exdnsion - Lower Tier Covered Transactions This certification Is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part W of the January 30, 1989, Federal Register (pages 4722 -4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (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 participant shall attach an explanation to this proposal. County of Hawaii Rural Housing Preservation Grant Organisation Name PR /Award Number or Project Name Stephen K. Yamashico, Mayor Name(s) and TItk(s) of Authorized Representative(s) Signature(s) Date 1 Form AD -1048 (I /92) • • • Instructions for C.ettification 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 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 Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person wbo is debarred, suspended, declared ineligible, or voluntarily occluded 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 form that it will include this clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,' without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions. 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 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 Nonprocurement List. S. 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 or 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 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. 2 Form AD -21148 (1/92) • U 5 GPO'. 1998 757.718. • • Form RD 400-1 FORM APPROVED (Rev. 9 -96} UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0575-0019 EQUAL OPPORTUNITY AGREEMENT This agreement, dated between County of Hawai'i (herein called "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under the authority of Executive Order 11246 as amended, witnesseth: In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the USDA to Recipient, Recipient hereby agrees. if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000 — unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965. 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause ": During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color. religion, sex or national origin. The contractor will take affimarive action to ensure that applicants are employed, and that employees are treated during employment, without regard to their Mee, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or twister. recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the USDA setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race. color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice. to be provided by the USDA, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of September 24. 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil Rights Office of Director, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with any of the said rules. regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Cancacts or Federally Assisted constuction contracts in axadance with procedures authorized in Executive Order No. 11246 of September 24, 1965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965. or by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a means of enforcing such provisions, including sanctions for noncompliance: Providcd. however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the USDA, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Public repmin* burden for this collection of iijmwminn is estimated iv average /0 nirtars per response. melodist the lint for reviewing inshw[mns. BnnrMng reining data roseate. gathering and nviauianrg Mr data needed. and co q*l wig and reviewing the tolernan of infer canon. Send coaueens regarding thin burin estimate or any Other aspect of mis rollenian A infer atipr. iae7adinu suggesnda7 for reducing this burden. ro Deportment of Agriculture. Clean:we Officer. DIAM, AG Bur 7670. Washington. D.C. 20250. Maze DD NOT RETURN Millers r tbb dbry. Forward ro the local USDA office only. row are not required w respond to this o/lecnon ofinformation unless it &sprays a currently valid OMB control mmher. RD 400-1 (Rev. 9-96) Position 6 • • • 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in whole or in pan with the aid of such financial assistance. 3. To notify all prospective contractors to file the required 'Compliance Statement', Form RD 400 -6, with their bids, 4. Form AD -425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations. and orders, to obtain and furnish to USDA and the Secretary, Form AD -560, Certification of Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC -257, as required and such other information as they may require the supervision of such compliance, and to otherwise assist USDA in the discharge of its primary responsibility for securing compliance. 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Government contracts or Federally assisted construction contacts pursuant to Part 11, Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity Clause as may be imposed upon contractors and subcontractors by USDA or the Secretary pursuant to such Subpart D. 7. That the Recipient fails or refuses to comply with these undertakings, USDA may take any and all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program involved until satisfactory assurance of future compliance has been received from Recipient; and (c) refer the case to the Office of Federal Contract Compliance Programs, U.S. Department of Labor. Signed by the Recipient on the date first written above. County of Hawaii Recipient Stephen K. Yamashiro Recipient Mayor (CORPORATE SEAL) Name of Corporate Recipient Attest: By President Secretary •u.s.avo:, tro6asa.6snm.o • • HOUSING PRESERVATION GRANT Statement of Activities Rural Development (RD) County of Hawai'i Office of Housing and Community Development 50 Wailuku Drive Hilo, Hawaii 96720 • . HOUSING PRESERVATION GRANT ' (HPG) 1. STATEMENT OF ACTIVITIES a. Type of and rnnditinns fnr finanrial acnistanre for the Howling Preservation Grant Program. The County of Hawaii proposes to use the HPG funds to implement and administer a zero percent (O%) interest and deferred payment loan program to eligible households in rural areas throughout the County. Each loan shall not be more than $15,000. HPG funds will be used to remove or correct health and safety problems and to make repairs that contribute to improved living conditions, including improved accessibility for handicapped persons. b. Process of selecting reri ients fnr HP acsia -n a iden tifyimg pntpntial environmental effect-9,p performing performed In order to qualify for the program, applicants may not have income exceeding the very low- income levels established by HUD (see Exhibit' A), must have occupied the dwelling to be rehabilitated for at least one year prior to and be the intended occupants of the dwelling after the assistance and must have sufficient equity in the property to cover the amount of the loan. In addition, the dwelling must be located in a rural area, as defined by Rural Development (RD), and be in need of repair or enlarging to relieve overcrowding or to address accessibility for the handicapped. Outreach, pre - application screening, inspections, qualifying applicants, evaluating bids, executing legal documents, monitoring and inspecting work performed and writing reports to RD, submit bills to the Office of Housing and Community Development (OHCD), keeping accounts and submitting quarterly reports to the OHCD will be performed by the Hawaii County Economic Opportunity Council (HCEOC), an organization selected by the OHCD. Privately contracted building inspectors may perform construction progress inspections. County Building Division of Public Works Department may perform Final Inspections if necessary. Statement of Activities 1 OHCD /8168C/1 - - • . To leverage HPG funds, County funds will be made available to eligible participants. In addition, loans may be used in conjunction with other loan programs or with private funds. Community Development Block Grant funds may be made available to the program. The loan will be secured by a second mortgage on the property, which will be due and payable upon transfer of title, sale, foreclosure or condemnation. c. Identifying environmental 1mpirt An RD environmental review will be conducted if units to be rehabilitated are located in a floodplain or wetland or the proposed work is not agreed to by the Advisory Council on Historic Preservation under the requirements of Section 1944.673. Whenever major repairs are requested on structures more than 50 years old, an evaluation for historical significance with the State Historic Preservation Division of the Department of Land and Natural Resources will be required. d. ,- - •.,,-. _.._ . -. • . .. .. .. work The Uniform Building Code (UBC), as amended, and the Housing Quality Standards, utilized by HUD's Section 8 program, will be the primary determinants of eligible repairs. All repairs must comply with adopted UBC, which is subject to the amendments in the Hawai'i County Code. Repairs that improve general living conditions but do not contribute to the health and safety of occupants may not exceed 20 percent (20%) of the total loan. e . Time srhedul e fnr onmpl e.t i ng the program It is projected that the program can be completed within two years from the date the grant agreement is executed. The past HPG programs has had a steady stream of applicants during the past twelve months and program applicants have had much less of a problem with obtaining contractors interested in small jobs than was the case in the past. A slowdown in construction in the County has made small projects like HPG more attractive to contractors. Moreover, 14 different contractors now have had experience with HPG projects. f. Staffing required to rnmplete the program. The OHCD has over 10 years experience with the HPG Statement of Activities 2 OHCD /8168C/1 -05 -00 • • program. Since 1993, the OHCD has published a Request for Proposals (RFP) and has selected an organization to provide outreach, pre- application screening, monitoring and inspections, as well as, qualifying applicants, assist applicants to evaluate bids, draw up and coordinate the execution of contracts and legal documents and write reports to RD. In 1999 the OHCD selected the HCEOC to administer the HPG program for the next three years based on a multi -year contract. The County is currently in the first year of the multi- year contract. The OHCD will continue to monitor the HCEOC to ensure that they comply with the HPG program rules and regulations. The OHCD will.continue to drawdown funds and keep track of accounts. g. Fsrimated number of very low- inrnme minority and non - minority to he assisted. with HP(; funds. It is estimated this grant will be capable of assisting two to three very low- income households, of which more than half will be of minority status. Based upon a family size of four this would amount to assistance for 8 to 12 persons, more than half of whom will most likely be of minority status. h. fengraphiral areas to he served by the HPf Prngram, The program will take place in all eligible areas of the County of Hawaii, which includes the entire island except for the Hilo town area. (See Exhibit B) i. Annual estimated budget (See Exhibit r). The proposed Budget.of $55,000 includes $40,000 from RD, $4,000 of matching funds from the County of Hawai'i and $11,000 of program income. j, Description of the arrnunting aystrm. The accrual system of accounting in accordance with generally accepted accounting procedures and practices, will be utilized for the HPG program. k. Method of evaluation to he used to determine the The closing summary of the expenditure of funds and program activities at the termination of the grant agreement, which compares the goals with actual outcomes will be completed. 1. Snnrres and estimated amounts nc ether financial Statement of Activities 3 OHCD /8168C/1 -05 -00 • • • • • • • •' •• 1'• 1• -• • 1 .•• - 1 • FPI art i vi t i es„ The County funds ($4,000) is available for the implementation of this program. In addition, HPG loans may also be used in conjunction with private funds or other loan programs. Community Development Block Grant funding may also be available. m. IIse of program income. Program income received during the grant period is used in accordance with the requirements of the HPG program. No more than 20 percent (20 %) is allocated for administrative costs. The remainder is used for construction. When a HPG loan is paid off, the Mortgage will be released, the Promissory Note will be certified as "Paid" and the funds will be deposited into the HPG account. Program income is tracked separately from current grant period funding. These funds are drawn whenever enough funds have accumulated to take care of • the qualified applicant next in line for a loan. Final report on a specific grant period is not held up by these revolving funds. n. plan for dispneitinn of any security instruments held by the applicant as a result of its FJP The OHCD will turn over the proportionate share of the security instruments loaned with the RD funds to the RD or another eligible entity to use for the same housing rehabilitation purposes, as necessary. o Any other information to explain the proposed HPG program. N/A p. Slutrearh effnrts outlined in 1944 A71 (h) In addition to the broad base of very low income population reached, community organizations will be contacted and the program will be publicized through local newspapers and radio. Application forms will include the nondiscrimination slogan. 2. •n. - - '• • H. ' .1 _..+ .- .... .• ' -..- -• - .1• rapacity to rarry nut the nhjertives of the proposed NPr program Statement of Activities 4 OHCD /B166C/1 -05 -00 • The County has over 10 years experience with the HPG program. The OHCD has administered the HPG program from 1988 to 1992 and has monitored HCEOC which was selected to administer the HPG program from 1993 to 1999. 3. Applicant's legal existence - See extract from the Hawaii County Code, Exhibit D and Exhibit D - legal existence of HCEOC. 4. .' -. - _ -a -. • a private non profit entity NA 5. Narrative statement about the area to he served and the need for improved housing. inrinding percentage and artua1 number • • - •u _•• • - •u u•• .• -.• • _a• substandard }lousing the need for the type of housing preservation assistance being proposed the antiripatpd tisp of HPCS reanea for hi atnri r arnnertj,Q„ - the method of ' •. n rc • •- _ -• • •- •. .. • •- - a • •• efferttvenegs of its efforts At the time of the 1990 Census Hawai'i County had: the lowest per capita income ( Hawai'i County: $14,969 versus State: $18,379) and the highest rate of families below poverty level ( Hawai'i County: 10.9% versus State: 6 %) of the four counties; 221 of the State's food stamp recipients, although only 11% of the State population: twice the State rate of people on welfare assistance. The poorest and most rural of all four Counties in the State of Hawai'i is experiencing further economic distress because of the loss of over 1,000 jobs County -wide with the demise of the sugar industry. Job loss is further exacerbating families' ability to cope with home maintenance and repairs. Hawaii County's economically disadvantaged are living in old dilapidated /crowded housing or new, but woefully incomplete structures. The 1990 Census shows 10.8% of the housing in Hawai'i County was built before 1939 versus 6.7% in the State. Most of the old houses are concentrated in Hamakua where the closing of 2 sugar plantations has meant the loss of over 600 jobs. 3.6% of housing in Hawaii County lacks complete plumbing facilities and 3.4% lacks complete kitchen facilities. These are double the State rates. Most of the incomplete structures are in the. Puna district, which attracts the poor from throughout the State and elsewhere with its low land prices. Statement of Activities 5 OHCD/8168C/1 -05 -00 • • According to 1990 Census 54.9% of Hawaii County is made up of minorities. HPG assistance has always served a percentage of minorities larger than this. Very high rainfall and insect damage are the most common causes of residential deterioration in the county. If the roof is not repaired, very highly acidic rainfall due to ongoing volcanic eruptions beginning in 1983, rapidly causes more serious and expensive damage to the structure. The former Hamakua Sugar plantation houses are in need of substantial attention to preserve over 400 units occupied by low income families. The 1990 Census reported 848 homes in Puna lacked complete plumbing; 659 lacked complete kitchen facilities. In West Hawai'i high housing cost continues to force the least able to live in dilapidated and overcrowded conditions. While Hawai'i County is the poorest and most rural part of the State, it is also the County with the highest rate of home ownership, which makes it well- suited for the HPG program. 61.1% County -wide are homeowners; nearly 72% of housing units in Puna are owner - occupied. Home ownership • have jump dramatically in the Hamakua district when title to over 400 former Hamakua Sugar Company residences was turned over to former employees and pensioners. The State Historic Preservation Office of the Department of Land and Natural Resources will be consulted to identify units that may have historic significance. For any structure constructed in 1950 or before, SHPO will be provided date of construction, photos, Tax Map Key number and a description of the proposed repairs. SHPO and the County will jointly evaluate buildings which are eligible and assess the degree to which the Secretary of the Interior's standards will apply. For Hamakua and all instances of rehabilitation of older homes historic preservation rules will be interpreted reasonably and realistically so as not to burden the low- and very low- income homeowner with excessive costs. The lead paint hazard and the possibility of finding asbestos in Hamakua plantation houses is reason for caution, but not delay, in the provision of housing assistance in this district. The State Department of Health and Occupational Safety and Health, County Housing and Building Division of the Department of Public Works will be consulted as appropriate and contractors will be informed about these houses and any other projects that may have these environmental hazards. Quarterly performance reports will provide RD with an evaluation of program effectiveness. Reports will include what funds were used for administration and for preservation Statement of Activities 6 OHCD /8168C/1 -05 -00 • • activity; name, address and income of homeowners assisted; total cost, list of repairs and amount financed other sources; results of environmental review and historic preservation review processes as required a comparison of actual accomplishments versus objectives for the period, including the number of very -low income, minority and non - minority persons assisted with HPG and the average cost of assistance provided to each household; of objectives were not met, an explanation of why and what step(s) will be taken to ameliorate situation; objectives for the next reporting period and a certification that final building inspection reports for each HPG- assisted dwelling are on file. 6. Cnmponent fnr alleviating nverrrnwding. The following standards will guide the determination of an overcrowded situation. Following Section 8 /HQS standards, this will be interpreted generally to mean no more than 2 persons per bedroom except when the 2 are children of the opposite sex and at least one of them is an adolescent. Number of bedrooms Ideal number of persons 0 2 1 2 2 4 3 6 4 8 5 10 7. Other activities the applicant in engaged in and expects tty rnntinue a statement as to any nther funding. and whether applicant will have sufficient funds to assure rontinued nperatjnn of the other art iviY for at least the n ericd of the HPG grant_ agreement As the local government for the Island of Hawai'i, the County of Hawai'i is empowered to carry out all activities as described in the County Charter. The OHCD is responsible for operation of the Section 8 Housing Assistance Payments and the Community Development Block Grant programs as well as the development of new and rehabilitation housing projects. These federal programs and the County budget for the coming year assure the continued operation of the OHCD during the period of the HPG agreement. 8. Other inf,rmatinn that specifically aririreagee the eeleftinrl criteria in 1944 579. 1) The applicant's proposal expects to result in 1000 of HPG fund to be used for unit preservation. Statement of Activities 7 OHCD/8168C/1 - 05 - 00 • 4 • • 2) 1001 of HPG funds will be used for unit preservation for very low- income families living in rural areas of the County of Hawai'i. 3) The OHCD have over 10 years' experience successfully managing and operating the HPG program. The OHCD have over 10 years' experience managing and operating programs to assist very low- and low- income persons obtain housing assistance. There are no unresolved audit or investigative findings which might impair either organization with carrying out the HPG program. 4) The proposed program will take place entirely' within rural areas. 5) The proposed program contains a component for alleviating overcrowding as defined in §1944.656. See #6 previous page. 6) Program income will be used to pay for the administration fees for the Hawai'i County Economic Opportunity Council and the County of Hawai'i, Office of Housing and Community Development (OHCD). Statement of Activities 8 OHCD /8168C/1 - 05 - 00 . • • EXHIBIT C 2000 Rural Housing Preservation Grant Program Proposed One Year Budget Program R17 flaunty_ Tnrnme Total Rehab 2 to 3 homes $40,000 $ 4,000 0 $44,000 Admin. (Non- Profit) $ 0 $ 0 $ 7,500 $ 7,500 Admin. (OHCD) fi n $ n s 3 5no S 1 Sno Total $40,000 $ 4,000 $11,000 $55,000 Drawdown Schedule: Program RD County Tnrnme Total 08/01/98 Initial Drawdown $11,000 $ 4,000 $ 5,000 $20,000 12/01/98 Second Drawdown $10,000 $ 0 $ 3,000 $13,000 04/01/99 Third Drawdown $10,000 $ 0 $ 3,000 $13,000 08/01/99 Fourth Drawdown $ 9.000 $ 0 $ 0 S 9.000. Total $40,000 $ 4,000 $11,000 $55,000 EXHIBIT A 2000 RURAL HOUSING PRESERVATION GRANT PROGRAM INCOME LIMITS COUNTY OF HAWAII FISCAL YEAR 2000 VERY LOW - INCOME 1 PERSON $17,800 2 PERSON $20,350 3 PERSON $22,900 4 PERSON $25,450 5 PERSON $27,500 6 PERSON $29,500 7 PERSON $31,550 8 PERSON $33,600 Statement of Activities 9 OHCD/8168C/1 -05 -00 • 0 fr . —�,-, HOUSING PRESERVATION GRANT GEOGRAPHIC LOCATION MAP i Hilo Bay .fir` il 441811 rate HILO jbIepj il • • • HOUSING PRESERVATION GRANT . GEOGRAPHIC LOCATION MAP 1 4HILO Ilneligible Area} i ISLAND OF HAWAII •s I 1 KO A I • • • • -ti ....,„ \� - �� r te } , , .; ir.,;_..... LCC.,;CH LAP n , ■ �_ .. /-y °''�^• i '` . ta - I Q ) / .uruul �, gr. ( I , , c .- T - , . , cr _ ...,-..... re_r_i_....._ ,,,. , ,,,,..j i K \_,.. . 1 / ..--.... L '. ... / � ]tl', ]IIti- - 1 \\\ •Oant 1.1•1• 3\ ,yT a,C. ..... • .•''' A- \ \ „.....‘ . • . , _\ J _....._____ , . t _4..... ......... . _.., ........ ....� ITV , ,, I1 ........ 1u 93NIC �� �� . 0:0' aG AN CI t i. fELAND OF HAWAII • I 1:1'._ C — _ II t , • • • • {( : ; 4 ; -; " CALA: . .---__, :A.:: A :::::: ..1 t.,LiCCLAW'r \ F.ApiAlr. `.. 5 "......? { { NC4 - r: - { '''{ • -- - •-• " -- ... s - { 1{ {31 /L-M-A `• - ,{4C:O.A. • N ..+an:: . A :: ' • ; "--44 •46-. 4 K-5.:-; ) C 0 Uk .7 { ‘---.{{ • ' PASC: 5- i . N. ‘"C \ \..\\..Let 5 / - / / k:C... - -...... 6. i _2 , ..■ ••• l'... ..tYl db7'''3 1 1- i ..' :ILLS aly { 0 t'..7 ; — -- a• - / :4:4'-' / \-,/ Ci ,11 A i I c 1 i c L tal ■ .... / \ / I''' ./ a% ...- \ 1 e 1 ... - . . " c.. \ \ -a -... ... \''' cw A \ PUNA 1 • . rr•■•• ..0 N .... a.: '' - . . * • .... or:A k I". - 1...... Z.... • . - • r LX2 A-1.1. C le / : :o.n.az. ? . r - / K A ' I..1 . t • ,__ ( • = ' , FA/OLLA : - 1 c i i . - -:! I !TR CT . : E 5 , I :.:. - ‘c.., % ... [ ILM4 CI CF HASA I I .... ' • ... -- ... \ --...,.....,.............. 4-'1 Ytl A — EcALt c! MLLei • _str_cr. 3curdanea ' LL Vcica.roes qac. I _ PaCt _ • . EXHIBIT C 2000 Rural Housing Preservation Grant Program Proposed One Year Budget Program Rn County Tnrnme Tnral Rehab 2 to 3 homes $40,000 $ 4,000 0 $44,000 Admin. (Non Profit) $ 0 $ 0 .$ 7,500 $ 7,500 Admin. (OHCD) 9 0 $ n ,S 3,500 S 3 goo Total $40,000 $ 4,000 $11,000 $55,000 Drawdown Schedule: Program Rn Comity Inrnme Total 08/01/98 Initial Drawdown $11,000 $ 4,000 $ 5,000 $20,000 12/01/98 Second Drawdown $10,000 $ 0 $ 3,000 $13,000 04/01/99 Third Drawdown $10,000 $ 0 $ 3,000 $13,000 08/01/99 Fourth Drawdown $ 9 n00 $ 0 S 0 5 9. nnn Total $40,000 $ 4,000 $11,000 $55,000 • • THE HAWAII COUNTY CODE 1983 (Revised and Republished 1995), - �ZY OF M C J • .•f•.• • , .iy • L� .ice • • • n •d ' . nom_ • (. NO r •. OF M S • A CODIFICATION OF THE GENERAL ORDINANCES OF THE COUNTY OF HAW.JII STATE OF HAWAII EXHIBIT D • • § 2 -5 H,{w,..n COUNTY CODE Section 2 -5. Inspections; charges for overtime. (a) When an applicant requests that an inspection be made, other than during normal working hours • •n C a Saturday, Sunday, or legal holiday, the applicant shall bear the cost of such inspectio :. shall pay the cost to the County, prior to receiving final approval of the project. Money :. realized shall be credited to the proper accounts of the respective agencies to cover the cost • ch overtime inspections. Such moneys are hereby appmpriated and shall be expended for on costs without further action of the council. (b) As used in this section: (1) "Applicant" means any person requ inspectional services from the County. (2) "Cast' means the amount to .. • _ ed by the County for overtime inspection at the per hour rate, including overhead . •, .r....'.' ..rive charges, to be established by the chief engineer of the department o • • • c works, commensurate with the changes in salary and applicable fringe benefits and o - .ead expenses. (c) "In •on" shall include all inspections provided for by law. C.C., c. 2, art. 10, sec. 9; Am. 1978, Ord. No. 368, sec. 1.) Article 2. Executive Branch. • Section 2-6. Office of the mayor. - The office of the mayor shall be composed of the mayor, the managing director, and the safety coordi- nator. (1975 C.C., c. 2, art. 1, sec. 2.) Section 2 -7. Organisation of executive branch. (a) The executive branch of the County is organized into the following agencies: (1) Deparnments and heads under direct supervision of the mayor. DEPARTMENT DEPARTMENT HEAD (A) Corporation counsel Corporation counsel (B) Department of fmance Director of finance (C) Planning department Planning director (D) Department of research and development Director of research and development (2) Departments and beads under direct supervision of the managing director DEPARTMENT DEPARTMENT HEAD (A) Department of public works Chief engineer (B) Department of parks and recreation Parks and recreation director (C) County band Bandmaster (D) Fire deparment Fire chief (3) Departments and administrative heads under cotmaissions and administrative supervision of the mayor. DEPARTMENT ADMINISTRATIVE HEAD (A) Department of personnel service Director of personnel services (B) Police department Chief of police (C) Department of liquor control Director, depamnent of liquor control (D) Department of water supply Manager 2 -8 • • AoMNISTR>TtCN § 2 -7 (E) Department of housing and corttmunity development Housing administrator (4) Agencies and administrative heads under administrative supervision of the mayor unless expressly excepted therefrom: AGENCY ADMINISTRATIVE HEAD (A) Civil defense Civil defense administrator (B) Office an aging County executive on aging (C) Hawaii redevelopment agency Manager (1975 C.C., c. 2, art 1, sec. 3: Am. 1989, Ord. No. 89-48, sec. 1.) Section 2-8. Order of succession to office of mayor. • In the event of civil, miliraty or mural disaster, during the temporary absence or disability of the mayor, the managing director shall act as mayor. If the office of managing director is vacant, or during such periods as the managing director is unable to so act, the director of finance shall then act as mayor. If the office of director of finance is vacant, or during such periods as the director of finance is unable to so act, then the planning d director of research and development, director of personnel services and director, department of liquor control, shall succeed to the office of mayor in the order specified herein. (1975 C.C., c. 2, art 1, sec. 4.) - Article 3. Office of the Corporation Counsel. Section 2-9. Settlement of maims. • The corporation counsel shall have the power to adjust, settle, compromise, or submit to . • - ion any action, causes of action, accounts. tights, claims, demands, disputes, and matters in favor • • or against the County, or in which the County is concerned as debtor or creditor, now existing or whit •• - y hereafter arise, not invoLving or requiring payment in excess of 51,500, provided the money to settle •• generally has been appropriated and is available; and provided further that a quarterly report of all a ements shall be filed with the council. (1975 C.C., c. 2, art. 2, sec. 1.01; Am. 1975, Ott.- No. 87, sec. 1.) Section 2 -10. Settlement of land acquisitions. The corporation counsel shall have the power CO adj •mprornise, settle, or submit to arbitration, any land acquisition requests inferred to him by other Co agencies or eminent domain actions, causes of eminent domain athons in favor of or against the C • ••• ty, or in which the County is concerned as purchaser, seller, condemnor, or condemnoe, new peadin. or which may hereafter arise, not involving or requiring payment in excess of $2.500. provided the • •oey to settle any matter generally has been appropriated and is available; and provided further that a •• rly report of all settlements shall be filed with the council. (1975 C.C., e. 2, art 2, sec. 1.02: •• 1975, Ord. No. 87, sec. 1.) :de 3A. Office of the Prosecuting Attorney. Section 2 -10A. A• •ointment of personnel. There s.. •e an office of the prosecuting attorney as provided by Chatter. The prosecuting attorney may appoint dep prosecuting attorneys and necessary staff, including investigators. The investigators shall have all of powers and privileges of a police officer far the County of Hawaii. The office of the prosecuting arto- ey shall adopt policies and standards far training and use of these powers consistent and in conformance th those adopted by the Hawaii Counry police department. All investigations relating to the discharge of 2 -9 • • • ADbd`IISTRATION § 2 - fact, or that the director had acted in an arbitrary or capricious manner, or had manife _ . ;• Lion. • s a,.. . -, . s. Article 13. County Housing Agency. Section 2-66. Created; scope of authority. An agency to be lmown as the Hawaii County housing agency is created to provide adequate housin in the County as it deems necessary. The agency shall consist of all of the members of the counciL When the council acts as the Hawaii County housing agency, its role is limited to public housing policy formulation and is net charged with the duties of administering housing programs. (1975, Ord. No. 124, sec. L) Section 2-67. Purpose. The purpose of the agency is to snake housing available in those areas of the County where the agency, fords that adequate housing accommodations are not available. In addition. the agency 0,211 carry out the . purposes and powers given to the County by virtue of chapter 46, Hawaii Revised Statutes. (1975, Ord. No. 124, sec. 1.) • Section 2-68. Powers. The County housing agency shall have the following powers subject to applicable limitations of State law: (a) Authorize and issue bonds under chapters 47 and 49, HRS, to provide moneys to carry out the purposes • of this artcic including the satisfaction of any guarantees made by the County pursuant to this article; (b) Appropriate moneys out of the County to carry. out the purposes of this article; (c) Obtain loans ins and guarantees from the State or the United States, or subsidies from either, (d) Acquire necessary land by dedication, lease, purchase, exchange, or eminent domain; (e) Other powers as provided by section 46 -15.1, HRS. (1975, Ord. No. 124, sec. l.) Section 2 -69. Housing administrator created. There shall be a housing administrator who shall be appointed by the mayor and may be removed by the mayor. (1975, Ord. No. 124, sec. 1.) Section 2 -70. Powers of administrator. In order to carry out the powers in section 2 -68, the housing administrator may: (a) Develop and construct dwelling units, alone or in partnership with developers; (b) provide assistance and aid to a public agency or person in developing and constructing new housing and rehabilitating old housing for the elderly of low income, other persons of low income, and persons dis- placed by any governmental action, by making long -term mortgage or interim construction loans available; (c) Contract with any eligible bidders to provide for construction of urgently needed housing for persons of low income; (d) Enter into agreements with appropriate officials of any agency or insmunenraliry of the united States in order to induce such official to make. insure or guarantee mortgage loans under the provisions of the Nacional Housing Act, as amended. with the approval of the County housing agency; 2.2 • • § 2 -70 Hr.wAa COUNTY CODE (e) Make a direct loan to any qualified buyer for the down payment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the putchacr of residential pro petty: (f) Sell or lease completed dwelling units; (g) Assist in the leasing of private and public dwellings; (h) Acquire and utilize public and private lands for the purposes of this section; (i) Provide interim construction loans to parmerships of which it is a partner and to developers whose projects qualify for federally assisted project mortgage insurance, or other similar programs of Federal assistance for persons of low income; 0) Apply for and utilize Federal and State rectal payment assistance funds: (k) Provide County funds for rental payment assistance for private and public dwellings; (1) Adopt such rules pursuant to chapter 91, HRS, as are necessary to carry, out the purposes of this article. (1975, Ord. No. 124, sec. 1.) Section 2 -71. Duties of administrator. (a) The housing administrator shall have direct responsibility for the administration and operation of the County housing programs and shall be under the direct supervision and control cif the mayor. The hous- ing administrator shall have the authority and responsibility to staff the agency with necessary personnel to carry out the purposes of the agency. It shall be the duty of the housing administrator to coordinate operations and programs of the Cotmty housing agency with the applicable housing plans and programs of the State and Federal governments. (b) All programs and contracts with the Federal government to carry our the purposes of the County housing agency shall be prepared by the housing administrator and transmitted to the council for approval. (1975, Ori No. 124, sec. L) Section 2 -72. Federal funds. -. If, in exercising any of its powers, the agency acquires funds from the Federal government. a separate account for such funds shall be established and no commingling of such funds with other funds shall take place. (1975, Ord. No. 124, sec 1.) Section 2 -73. Signing of contracts. All instruments and documents relating to the housing programs of the County housing agency shall be sued by the mayor as authorized by the Charter and the council. Any and all contracts with the United States Department of Housing and Urban Development shall be submitted to the agency for its approval and any such contract shall be executed by the mayor as authorized by the Charter and the council. (1975, Ord. No. 124, sec. 1.) Section 2 -74. Revolving fund created. There is established a special revolving fund entitled the County housing program revolving fund to be maintained by the director of finance. (1975, Ord. No. 125. sec. 2.) Section 2 -75. Use of revolving fund. The revolving Fund shall be utilized to pay for items such as: (a) conmsrual services, housing surveys. travel, supplies and materials, and other from -end costs related to the development of housing. and (b) to exer- cise the buy -back option running in favor of the County contained in any conveyance document and to pay the costs of rnaintaining, repairing, renting, or reselling units purchased by the County pursuant therere. Any 7 -T1 0. • • AD ML`r1STRATiON § 2 -75 _ interest earned by the fund and any advanced costs that are recovered from housing project funds shall be returned to the revolving fund. (1975, Ord. No, 125, sec. 3; Am. 1993, Ord. No. 93 -33. sec. l.) Section 2-75.1 Housing special funds. (a) There are created and established housing special funds co be known as the: (1) Kulaimano EIderly Rental Housing Special Fund. (2) Ouli Ekahi Rental Housing Special Fund. (b) All income generated from each rental housing project shall be deposited into its respective housing special fund to be expended by the Housing Administrator solely for the operation, maintenance and improvement of that particular rental housing project. (c) The Housing Administrator shall be responsible far the administration of all housing special funds in accordance with prescribed laws and procedures applicable to the expenditure of county funds. (1995, Ord. No. 95449, sec. l.) Article 14. Mass Transportation Agency. Section 2 -76. Creation. For the purpose of providing rnass transportation service in the County whether directly, jointly, o nder contract with private parties, an agency to be known as the mass transporation agency is created - order to implement chapter 51 of the Hawaii Revised Statutes. (1975, Ord. No 153, sec. 1.) Section 2 -77. Transportation coordinator created. There shall be a transportation coordinator who shall be appointed by the • . yor and removed by the mayor. The position of transportation coordinator shall be exempt from the c' •t1 service -laws. (1975, Ord. No. 153, sec. 1.) Section 2 -78. Duties of transportation coordinator. The Transportation coordinator shall have direct responsi•'. ty for the administration and operadon of County mass transportation service, whether such service is ovided directly, jointly. or under contract with private parties. The transportation coordinator shall be • • r the direct supervision and control of the mayor , and shall have the authority to staff the agency wi • ecessary personnel to carry out the purposes of the agency. (1975. Ord. No. 153, sec. 1.) • :cie 15. Code of Ethics. • Section 2 -79. Purpose. (a) The purposes of this • le are to: (1) Prescribe scan• • of conduct for the guidance of Counry officers and employees: (2) Prohibit et- conduct involving County officers and employees; and (3) Set fa • e procedure for the interpretation of ethics problems of County officers and employees. (1975 C.C., c. , art. 8. sec. 1.) Sectio _ -80. Interpretation of article. is article shall be liberally construed to promote high standards ai ethical conduct in County eavemment -5 - 96 7.73 • OEPART'tZNT CF RECULATOnY A;CNCIZS STATZ OF HAWAII In the Hater of the Petition For Charter of HAWAII COUNTY CCCNOPIIC OPPORTUNITY =Yell ) CHARTER. CF INCORPORATICN • HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL YOS9Ir: TANA „A COu.NrY A TC .:C CCC.vr'r CCU:ITY 2 I.:ILOINC, HILO, HRnAI1 ATTO :NS't DEPART,MCNT OF REGU'.ATLaY ACC'GCI'.5 STATC OF HANAII In the Maa•aer of the Petition Far Charccr of HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL CHARTER C' INCCRFCRATION of HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL Know ye, that wLereas RALP4 H. KIY0tAK1, ROBERT M. CTA, SLA•INE BRADSHAW, BCNEOICT LUI K''AN, FUMICO IWAMASA and TADAO OKItOTO, all of whom are residents of the State of Hawaii, have made applica tion to me, as Director of Regulatory Agencies, to • grant a Charter of Incorporation to them and their associates; NOW, THEREFORE, I, SIDNEY 1. HASHIMOTO, Director of the Department of Regulatory Agencies, State of Vlawaii, in the exercise of all power and authority anywise enabling me to act in this behalf, do hereby constitute the above -naced persons and their associates a body corporate, and confer upon them the following Charter: CHARTER OF INCORPORATION eP HAW4I1 COUNTY ECCNCMIC OPPORTUNITY COUNCIL The name of the cor2oratien shall De "HAWAII COUNTY EC :CCM1C OPPORTUNITY COUNCIL ". . li. The location and initial principal 0FF'ce of the corporation shall be at County .4uildi nt. County o•` Hawaii, r• lIo. Hawaii; suer principal oFFicc c.ay be • • c h a nt -d Prot. :imp to Ciao to such ocher location in '.ho 5tace a; Hawaii as ',Se 9aard of 'Uirect :r: snail de:ignata. 111. The abject: and purposes of the corscratien shall 4e: 1. To aCtively solicit the coordination and eoocorction of all individuals, agenciac and organisa- tions, both public and private, within the County of Hawaii, towards assisting the:= individuals and croups who are below average economic levels to attain an ir-proved capability of financial earning. 2. To enlist interest and financial support from any and all sources to engage in projects to combat poverty. 3. To Sake, enter into and perform c ontracts with any person, firm, association, corporation, private, public or municipal or body pc■i:ic. L. To sponsor, contract for, or operate dnd conduct activities such as remedial and non- curricular education, employment, job training, counseling, health and vocational rehabilitation, housing and home manage- ment, welfare, research, training, and demonstration activities, and such other activities as may be related to any of the objectives herein. 5. To acquire by purcase ar *otherwise, hold, deal in and dispose of such personal property and, with the consent or net leas than three - fourths of the members of the corporation, such real property as may Le necessary or convenient for the purposes of the corporation. fit To borrow moneys ..i t!•. the consent of hat 1852 :Ian :aree- fourtrs of tae members or the eorparati an, eitnou: Iir,iC as to amount, to mce'- the operating ant athcr eACensCS oF the tarpof d:ian and, from time co time, to r • • • • draw, rake, accept, endorse, e .eeute are issue promissory natal, drafts, '..ills of exchange, warrants, bonus, dcaentures and ocher negotiable or non - negotiable instruments and evlaanCe' or irdebtedneos far any or the above purpezat. and to secure the pervert of any thereof and of the interact thereon by scr:gage or pledge, conveyance:or assignment trust of any of the Property of the car^orecien, and to sell ar otherwise dispose of such bonds or other obligationC of the corpora:'on .or it: corporate purposes. IV. The corparetion shall have all powers calable of being vested in corporations not organised for profit under the laws o' the State of Hawaii and shall be authorised to engage in any activities, and do and perform any act: of any nature whatsoever that shall be proper, necessary or convenient for the furtherance of the objects and purposes set fort.`+ in article 111 herea'. • V. The duration of the corporation shall be perpetual. VI, Tha corporation shall cocolete its organjtation • within thirty (.,Q) days after issuance of tha Charter of Incorporation. VII. All of the powers and authority of the corpora . tion stall be vested in and may be exercised by the 2oard of directors except as limited by law, this Charter or the {iy -Laws, and, in furtherance and not in limitation of said general cower the board o f Directors shall have power, acting a l .aYS in accordance with th .; Y -Law51 to ma6a rules ant rerulations not inconsistent with the ay-Lak.s: to create :'.+ch eo mmiLtees of the 3oare o f eirectars a.' a a' • • the Corooratian and to oeni,eate as .mem:crs of such caamict :s: such p$roa.ls as it shall datarmine and to canfar ucan :uch cammittcas :LICK powers and authority as may by resolution be sat forth for the carrying an ar exercising cr tho purposes and oawers of the corporation; and generally to do any and every lawful 'act necessary or proper to carry into offset tho powart. pureoacs and objects cf the corporation. Said Board of uirec ors shall consist of no': lass than six (5) persons who sha11 be qualified, nominated, elected and ac2ainted as is provided far in thc''uy -laws. Until their successors =hall have been duly elected the initial directors of the corporation and their business and home addresses are as follows: Business Horse Name Address Address Ralph H. Kiyosaki Gent. of Education 81 A S i oki t 480 Waianuenue Ave. Hilo, Hilo, Hawaii- Benedict lui Kwen State Employment Service ZG6 Saienuenue Ave. Z25 Kapiolani St. Hilo, Hawaii Hilo, Hawaii Glaina Bradshaw Univ. of Hawaii Honaunau Extansion Sarvics Hawaii Kainaliu, Kona RoLart M. Gta Univ. of Hawaii 135 Alae St. Extension Service , Hilo, Hawaii federal I:uilding Hilo, Hawaii Fumiko luamasa Cleat. of Social Sarvices 1 259 'aaianucnue Ave. 52 Puuoka St. Hilo, Hawaii Hilo, Hawaii Tadao Ckimato County Auditor's Office County Guildi'$ Hawaii Hilo, H4�Iaii Onemea, 'l III. ins oi o.' :he car.tora-i0n :ball consist of such a rfi cart as ah,:,l 1 he 0rovi s_- Far in the - laws and _Heir quulir$e a :ion :, dcta5, :crm O oFfice and • . • • manner of a000intment shall 7e dd oroviLad For in t ay -Laws. Any o'• may be treated or abolished by the By -Laws, provided that there shall always be a president, a vice president, a secretary and a treasurer. The treasurer may be a corporation, and the offices of secretary and treasurer may be held by the same person._ The initial oFficers of the ccrporatian and their business and home addresses are as follows: 8utiness Home Or, irr rc Address Address President: Dett. of Education 51 Adak; 5t. Ralph H. %iyosal=i 480 QWa„aanacnue Ave. Hilo, Hawaii Vice-President: Benedict Lui Kw an 266 ylaianuonue Ave. Service 125 %apiolani St. Nilo, Hawaii Hito, Hawaii • Secretary: Univ. of Hawaii Hanaunau Blaine Bradshaw Extension Service Hawaii Kainaliu, Kona Treasurer: Univ. of Hawaii Robert M. Cta Extension Service 1 35 Alae St. Federal auildin9 Hilo, Hawaii • .Hilo, Hawaii l%. Members of the corporation shall be admitted, suspended. and sxaclled in such manner as shall From time to time be prescribed by the ay-Laws. a. The initial ay-Lauc of the corporation shall be approved and adopted by the signers oP the Petition For a Charter of Incorporation within thirty (30) days after the granting of such Charter. The Gy -Law: may be altered, amended or repealed thereafter by a majority of the members presunc at any annual meeting or a special meeting dwIy call_d and sa cciFically held Far cucr purpase. • , f Al. The corporation is noc argari_ad nor profit and will not issue any stock. No,part a.' the corporation': assets. income or aarningt shall be distributed to its members, directors or officers execot For services actually rendered to the corporation. IF the corporation shall cease to oxist or shall be dissolved voluntarily or involuntarily, all property and assets of the corpora- tion of every kind after the payment of its just debts • shalt be distributed solely to one or more organisations exempt from United States income tax, either charitable, scientific, educational, or with purposes similar to those of the corporation. X11. The property of the corporation shall alone be liable at law for payments of the debts and liabilities of the corporation. No director or officer of the corporation or his heir:, executors, or a dministrators, shall be liable to the corporation far any toss or damage suffered by it on account of any action or omission by him as such director or officer, unless such director or officer shall, with respect to such action or omission, be and /or have been guilty of misconduct or negligence in the performance of his duties as such director or officer. XIII. This C:'.arter shall be subject to amendment from time to time in accordance with law, and the corpora- tion shall be subject to all general t now in force r t carperati an: of t'nis or hereaF erac__= �.ii'c ;r regard nature. • IM AITNCSS 4hE ECF, I have hereunce sat my hand amt eccsed the e?riclal :cal o$ :Sc Oc^.crtment a; Recula: ry A<onc1 es eF the Stcaa er i:u.a1i 'te 'cc hereunto 16 a�izad thi; � 71�/ day 0 F. 7.4. 9 5. STATE OF HAHAI1 • • • HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL BY -LAWS APPROVED BY: HAWAII COUNTY ECONOMIC OPPORTUNTIY COUNCIL BOARD OF DIRECTORS NOVEMBER 25, 1996 Accac:zmenc C • • • TABLE OF CONTENTS PAGE PREAMBLE 1 PURPOSE AND FUNCTIONS 2 ARTICLE 1. MEMBERSHIP Section 1. Size of the Board 3 Section 2. Board Composition 3 • Section 3. Selection Procedure for the Poor Sector 3 Section 4. Selection Procedure for the Private Sector 4 Section 5. Selection Procedure for the Public Secto --... s - - - Section 6. Appeals Procedure by Other Groups for 5 Adequate Representation Section 7. Removal 7 Section 8. Alternates 8 -- Section 9. Vacancy Section 10. Limitation on Board Service 10 Section 11. Conflict of Interest 11 • Section 12. Compensation 11 ARTICLE If. OFFICERS OF THE BOARD Section 1. Description and Duties 1 3 Section 2. Election of Officers 14 Section 3. Term of Office 14 Section 4. Recall and Vacancies 14 Section 5. Dual Office Holding 14 • Section 6, Supervision by Board 14 Section 7. Ratification of Acts by Board 1 ARTICLE III. COMMITTEES Section 1. Executive Committee 15 Section 2. Program Development Committee 16 • Section 3. Membership Committee 16 Section 4. Finance Committee 17 Section 5. By -Laws Committee 17 Section 6. Human Rights Committee 17 Section 7. Personnel Committee 18 Section 8. Evaluation Committee 18 Section 9. Legislative Committee 18 Section 10. Ad Hoc Committee 18 ! ! TABLE OF CONTENTS PAGE ARTICLE IV. MEETINGS AND RULES Section 1. Regular Meetings 19 Section 2. Notice of Regular Meetings 19 Section 3. Agenda of Regular Meetings 19 Section 4. Minutes 20 Section 5. Biennial Meeting 20 Section 6. Special Meetings 20 Section 7. General Rules For All Meetings 20 ARTICLE V. DUTIES AND FUNCTIONS OF THE EXECUTIVE DIRECTOR Section 1. Conditions 22 Section - 2. Responsibilities of the Executive Director 22 - ARTICLE VI. FISCAL PROCEDURES Section 1. Fiscal Year 24 Section 2. Required Signatures 24 Section 3. Legal Documents 24 ARTICLE VII. PUBLIC ACCESS TO AGENCY INFORMATION Section 1. Meetings 25 Section 2. Books and Records 25 ARTICLE Vlll. AMENDMENTS TO THE BY —LAWS 2 ARTICLE IX. DISSOLUTION 27 ARTICLE X. COMPLIANCE WITH BY —LAWS • 2 APPENDIX 29 • • • BY -LAWS HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL PREAMBLE The name of this private non -profit corporation shall be the HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL. It shall act as the official Community Action Agency for the County of Hawaii, in conformity with the standards and regulations set forth by the Community Service Block Grant Act (CSSG). - 1 - • • ARTICLE I. MEMBERSHIP SECTION 1. SIZE OF THE BOARD A. The Board shall consist of thirty — three (33) members. B. The power to change the size of the Board rests with the Board. C. A change in representation of one category of membership must be reflected in the proportion of members from the other categories. SECTION 2. BOARD COMPOSITION — The total number of Board seats shall be divisible by three . . _ (3) and represents the different sectors in the community to ensure the effective handling of poverty related issues. A. Public Officials Eleven (11) seats shall be allocated to elected Public Officials or their representatives. B. Representatives of the Pocr Fourteen (14) seats shall allocated to representatives of the poor, although representatives of the poor need not themselves be poor. C. Representatives of Private Groups Eight (8) seats shall be allocated to private groups. SECTION 3. SELECTION PROCEDURE FOR THE POOR SECTOR A. The members of the District Council will elect by majority vote, in a secret ballot, representatives to the HCEOC Board of Directors. B. Election for alternates shall be handled in the same manner and at the same meeting as HCEOC Board Representatives are elected. C. Apportioning of Districts. 3 — . 1111► t► F. Each representative or alternate shall be empowered to speak and act on behalf of the individual organization which he /she represents in connection with the Board's business. SECTION 5. SELECTION PROCEDURE FOR THE PUBLIC SECTOR A. The designating officials shall consist of the Mayor and the County Council Members, and the County Prosecutor. 8. The Mayor and the County Council Members shall determine who shall serve on the Public Sector of the HCEOC Board. C. Names of both Public officials and their Representatives must be submitted to the Board by the designating officials_ D. The Public Officials selected to sit on the Board may each appoint a permanent Representative to serve either full —time in his /her place or whenever he /she is unable to attend a meeting. E. Representatives of Public Officials are not alternates and restrictions which apply to alternates of the private sector and poor sector are not applicable. F. Representatives of Public Officials shall be authorized to act for the Public Officials in matters before the Board, and not as individuals. G. The term of the Public Official or their Representatives shall be conterminous with the term of the Public Office of the Mayor and the County Council. SECTION 6. APPEALS PROCEDURE BY OTHER GROUPS FOR ADEQUATE REPRESENTATION A. Who Any community agency or representative group of the poor which feels itself inadequately represented on the Board shall be able to petition the Board and have a hearing for representation. — 5 — • • G. Provisions for adjusting and realigning composition. If a petition for adequate representation is granted, the Membership Committee shall include the community agency or representative group of the poor in the annual priority listing recommendation to the Board in March. Seating of the representatives shall occur at the biennial June meeting. SECTION 7. REMOVAL A. Grounds for Removal 1. Private and Poor Sectors Unexcusect absences from two (2) consecutive Board Meetings andthree (3) consecutive Committee Meetings - shall constitute cause to reconsider the person representing the group. 2. Public Provisions for removal shall not extend to the public officials or their representatives. B. Procedure for Removal 1. Private and Poor Sectors a. If a member is absent or not officially represented for two (2) consecutive Board Meetings and three (3) consecutive Committee Meetings, the member and the organization which he /she represents will be notified in writing (fifteen (15) days prior to the hearing) that the Board intends to remove them. The member and the organization will be given a date (by the Membership Committee) to appear at the hearing. At that time they may present reasons why they should retain their position on the Board. -7- • • B. Alternate Representative of the Private Sector 1. Groups represented on the Board shall designate one (1) alternate, who shall be certified in writing by the sponsor he /she represents. • 2. Each alternate may represent only one (1) Board member. 3. An alternate shall act only as a substitute for a regular - - . . member in his /her absence and may not serve as an.officer . of the Board. 4. If a representative vacates his /her seat, the alternate shall fill the seat as a regular member for the duration of the term. A new alternate . shall be selected by the particular group affected.. - -- - - -- SECTION 9. VACANCY A. A vancancy on the Board shall occur when: 1. A member and the organization he /she officially represents has been notified of his /her official removal for just cause by action of the Board. 2. A member notifies the Board of his /her resignation in writing, or the Board is notified of the death of a member. 3. The designating officials (Mayor, County Council) may • remove a public official or his/her representative. 4. A Public Official leaves office. 5. The remainder of the seats allocated to public officials, if the number of public officials who are willing to serve does not comprise one —third (1/3) of the Board. —9— • • • SECTION 11. CONFIJCTOF INTEREST A. No person may sit on the Board if he /she is an officer or an employee of an organization contracted to perform a component of an HCEOC program, an employee of HCEOC or federal employee of a funding source. B. No person may sit on the Board if he /she has a conflict of financial interest and "substantial interest" in HCEOC contracts. 1. Any direct or indirect financial interest in the specific sale or rental transaction, including a commission or fee, a share of the proceeds, the prospect of promotion, a profit, or any other form of financial reward. 2. Any of the following interest in the business which is supplying the goods, space, or services for purchase, rent or lease. - - -- Ownership - - — — Partnership interest or other beneficial interest of 5% or more — - -- Ownership of 5% or more of the stock - ---Employment as an Executive Director - - -- Membership on the Board of Directors or other governing Board SECTION 12. COMPENSATION A. Regular compensation of Board Members shall be prohibited. — 11 — • • r ARTICLE II. OFFICERS OF THE BOARD SECTION 1. DESCRIPTIONAND DUTIES The Officers of the Board shallbe: Chairperson, Vice - Chairperson, Secretary, and Tresurer. CHAIRPERSON The Chairperson of the Board shall preside at all meetings of the Board and Executive Committee; appoint members of all Committees with the exception of the Executive and Personnel Committees. VICE-CHAIRPERSON- - .,. _ ._:_.- _ - The Vice - Chairperson shall have all the powers and shall perform all duties of the Chairperson in that person's absence. SECRETARY The Secretary shall maintain a complete file of the minutes of all meetings of the Board and shall sign required correspondence and documents. TREASURER The Treasurer shall have charge of the funds of the Board and shall arrange for the deposit of funds in the name of the Board in a Bank designated by the Board. The Treasurer shall present a Financial Report to the Board at each regular meeting, and shall explain the Report at the request of the Chairperson of the Board. - 13 - • • ARTICLE III. COMMITTEES The standing Committees shall be: Executive Committee, Personnel Committee, Evaluation Committee, Program Development Committee, Legislative Committee, Finance Committee, Membership Committee, By -Laws Committee, and Human Rights Committee. The Chairperson of the Board shall appoint Committee members with the exception of the Personnel Committee and the Executive Committee. _ The membership of a particular committee shall appoint its Chairperson with exception of the Finance Committee and - • the Executive Committee. Membership on all committees, including the Executive Committee, shall be proportional to the representation in each of the three (3) categories of membership comprising the Board. Each Board Member shall be assigned to at least one standing committee, and insofar as possible, all Board Members should be assigned approximately similar loads of committee work. The Chairperson of the Board may be an ex- officio member of all committees but has no vote. Members of committees shall be given not less than forty -eight (48) hours notice. Meetings shall be called by the Chairperson of the Committee. All recommendations from committees require ratification by the Board before implementation. SECTION 1. EXECUTIVE COMMITTEE The Executive Committee shall consist of the Officers of the Board, plus as many additional members as required to make the total membership proportional to the representation of classes of Board membership. These additional members shall be elected by the Board in the same manner as officers are elected according to these By -Laws. Nominations for each of the Executive Committee positions shall be made by the Nominating Committee, whose responsibility it shall be to maintain proportional representation. - 15 - • • SECTION 4. FINANCE COMMITTEE The Committee shall recommend guidelines for the management of fiscal policies, shall work with the Executive ' Director in preparing the budget, and make a quarterly report on the fiscal condition of the corporation to the Board. This Committee shall also explore possibilities of community contributions to the non— Federal share of the cost of any program. SECTION 5. BY —LAWS COMMITTEE The By —Laws Committee shall be responsible for the development of By —Laws and recommendations of proposed amendments to the By —Laws. The Committee shall annually evaluate the By —Laws for conformity to Federal, State and local regulations, and for operating efficiency. It shall perform such additional duties as prescribed by the Board. • SECTION 6. HUMAN RIGHTS COMMITTEE The Human Rights Committee shall hear any and all grievances, except for the grievance of the staff, which shall be handled by the Personnel Committee, or suggestions from any member of the Board or the community concerning matters of interest to it. The Committee shall report to the Board, all matters brought to its attention and all recommendations it may have. The Committee shall make itself available to the public. • • Nothing in this provision shall prevent parties to grievance complaints from subsequent direct access to the Board. This Committee shall work in conjunction with the Equal Employment Officer. This Committee will also review the Affirmative Action Plan and recommend Board approval. This Committee will also guarantee the enforcement of the Agency's Affirmative Action Plan. — 17 — • • ARTICLE IV. MEETINGSAND RULES SECTION 1. REGULAR MEETINGS The Regular Meetings of the HCEOC Board of Directors shall be held on the fourth Monday of each month unless otherwise ordered by the Board or the Executive Committee. However, the Board shall meet at least once every ten (10) weeKs. SECTION 2. ,NOTICE OF REGULAR MEETINGS A. Written notice of meetings and the Agenda shall be sent to all members of the Board. Committee reports, reports from the Executive Director, and other agenda materials shall be included in themailing when available. B. Notice of meetings shall be given to the local public media. C. Notice shall be provided at least five (5) days in advance of meetings. D. It is the responsibility of member organizations to see that their alternates are notified when they are to attend a meeting in the place of the representative. SECTION 3. AGENDA OF REGULAR MEETINGS A. The Agenda shall include minutes of the previous regular meeting, any special meetings, and committee meetings held since the last regular meeting. B. The Chairperson shall provide opportunity for new business to be introduced from the floor and from the public, whether or not this has been included in the advance written agenda. — 19 — • • • B. Quorum 1. One —half of the total non— vacant seats shall constitute a quorum at any Board or Committee Meeting. If a quorum of the Board is not present at a Regular or Special Board Meeting, a quorum of the Executive Committee shall be empowered to enact those items of business qn which action is mandatory before the next regular orspecial meeting can be held. 2. The Board shall note in its minutes how many seats are vacant at fhe time of each in order td determine that a quorum has been established. 3. The quorum requirement is applicable for all official Board action at the time the action is taken.. If at any time during a meeting the quorum is destroyed, the Board's action will not be recognized as official. C. Voting 1. All votes in Regular or Special Board Meetings and Committee Meetings shall be by majority votes unless otherwise specified in the By —Laws. 2. Proxy voting by any Board Member shall be prohibited at meetings of the Board and its Committees. D. Scheduling of Meetings. • 1. All meetings shall be scheduled for the convenience of Board Members and the General Public. —21 — • • • G. The Executive Director shall maintain a complete library of pertinent current rules and regulations and policies. H. The Executive Director shall be responsible for informing the Board of all Federal, Sta and local Laws and Regulations to enable the administration of programs to be in compliance with them. L The Executive Director shall be responsible for the proper • completion and prompt return of all official requests for information, reports, and forms from funding source. J. The Executive Director shall be responsible for maintaining liaison between the Board and other agencies, and shall keep communications continuous with all community agencies relevant to the work of HCEOC. K The Executive Director shall hire, supervise and terminate employees and shall be responsible for compliance with Federal, State, County, and HCEOC Policies on Equal Employment Opportunity, Affirmative Action and hiring and termination of staff members. L. The Executive Director shall direct and supervise all HCEOC Employees and make recommendations to the Board matters of Personnel Policy. M. The Executive Director shall perform such other duties and carry out such other responsibilities as the Board may require. — 23 — • • r ARTICLE VII. PUBLIC ACCESS TO AGENCY INFORMATION SECTION 1. MEETINGS All Committee, Regular and Special Board Meetings shall be open to the public except those portions concerned with personnel matters. SECTION 2. BOOKS AND RECORDS Upon request, all books and records shall be made available to the public with the exception of staff personnel records. — 25 — • • ARTICLE IX. DISSOLUTION The duration of the corporation shall be perpetual. In the event the corporation is to be dissolved, dissolution procedures shall be in accordance with the State Law as modified by any other legally binding conditions. — 27 — • • &Duman J. CATLTANO 0:214.- TIAACTH7 C JONY• , cNAI1V WON OOV91NO110i NAWY • MARO OI LAwO MMA(W4 t %VK[] : GV4.sacN aN w.f{R Acsou Ct inn W mo.. JE%JTIES JANET E. RAWELG L:NNFL NI$NIOSA STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES AGVA Tic SESGORC Es C r y ' .O•T.NG ANC OCEAN REGAU*ic,. HI5ruRIC PRESERVATION (DIVISION CONSERVATION 440 RE50VACES Kskuh,'.wa &Jading. ROOM 555 ENFORC ENIENT J1 C/'' r 601 K.motiAA a.NLev.,I CONVEYANCES 2000 itj , 4 S WAN. Mani 56707 RORLSTSV IC W+L SE OV January 19, 2000 -ircRiC ARLSEAVA r'CN • •AO SrArt PARRS CO WATER RESCcACE MANAGNI NT Mr. Abraham A. Kubo LOG NO: 24736 Multi- Family Housing Program Director DOC NO: 0001tm09 U.S. Department of Agriculture Architecture 154 Waianuenue Avenue, Room 311 Hilo, Hawaii 96720 Dear Mr. Kubo: SUBJECT: Rural Housing Preservation Grant (HPG) Pre - Application for 1999-2000 Funding TMK: General, County of Hawaii The County of Hawaii, Office of Housing and Community Development has submitted a statement of their activities and our office's involvement in the Rural Housing Preservation G rant Pre - Application for 2000 funding. We concur with the process established and appreciate the opportunity to comment on projects involving buildings over 50 years old. Should you have any questions, please feel free to contact Tonia Moy at 692 -8030. Aloha, IMOTHY E. JOHNS / State Historic Preservation Officer TM:jk • �. ✓ • • • "46 c N BENJAMIN J. CAYEfANO r�, GOVERNOR SEW F. NAYAA,, Ph.D. DIRECTOR -.�„') DEPARTMENT OF BUSINESS, BRAOLF7 J "M • ✓' - If D DIRECTOR - 0 0 ECONOMIC DEVELOPMENT & TOURISM D�E�DR DA o" " ;�' OFFICE OF PLANNING ? "°)"°"x (6081 53'-2624 235 South Beretania Street. 6th Floor, Honolulu, Hawaii 96813 Fax: (Baal 537-2624 Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804 Ref. No. P -8436 'CO °? • January 18, 2000 Mr. Abraham A. Kubo Multi- Family Housing Program Director U.S. Department of Agriculture 154 Waianuenue Avenue, Room 311 Hilo, Hawaii 96720 Dear Mr. Kubo: • Subject: State Clearinghouse Review -- Termination of Use of the Single Point of Contact and Executive Order 12372 - Intergovernmental Review of Federal Programs As of July 1, 1993, the State of Hawaii has discontinued its participation in Executive Order 12372 - Intergovernmental Review of Federal Program. As a result, there is no State Clearinghouse for the review of Federal grant applications. However, this change does not modify the need to comply with the requirements of 15 • CFR Part 930, Coastal Zone Management Federal Consistency regulations" An applicant with a project proposal requiring a determination of Federal Consistency with Hawaii's Coastal Zone Management Program shall contact: Hawaii Coastal Zone Management Program Office of Planning • Department of Business, Economic Development & Tourism P.O. Box 2359 Honolulu, Hawaii 96804 If you have any questions, please call Mary Lou Kobayashi at (808) 587 -2808. Since y, e/ $i i /David W. Blanc Director Office of Planning ,A • • PUBLIC NOTICE " HOUSING PRESERVATION GRANT The County of Hmvsft, through M Office or Housing and Community Oevaklpment (OHCD), is submitting an appecanon to the U.S. Depenment of Agitators Rural Development (tka Fanners Home Administration) for federal funds authorized by Section 533 or IM Harting Act of 1949, as amended by Section 522 al 711 V of the Housing Urban-Rural Recovery Aa 011983 (Pub. 198 -181). The Camry proposes to use Ott Hawing Praaarvabon Grant (MPG) Curds to continue to operate a homeowner reMblltitlan and repair barvynml program la very low-imam families m Nrai areas. The proposed HPG Statement of Activities will be available la public renew . and comment from January 24, 2000 to February 9, 2000, at me faloweg loca- tions: • County of Haven County of Hawarl - Office a Housing and Office d the Deputy Community Development Managing Director Hilo Armory 75-5706 Kuekini Hwy. 50 Wailuku Drive Suite a103 Hilo, Hawaii 98720 Kallua -Kona, Havre i 98740 • Phone: 981.9379 Plane: 329-5226 All interested parsons, groups and agendum are heed to submit written comment lot consideration by the County of Hawaii to: County or Hawaii Office of Housing and Community Devekymei 50 Wawdru Drive Hilo, Hawaii 9672D Al written comments must be salved at the OHC0 by 4:30 p.m. February 1 9, 2000. OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT COUNTY OF HAWAi1 • by: Edwin S Balm, Assistant Housing Administrator Stephen K. Tamashim, Mayor County of Hawaii k (No. 1100 —West Hawaii Today: January 24. 2000) PUBLIC NOTICE - HOUSING PRESERVATION GRANT • The County of Hawaii, through the Office of Housing and Community Development (01lCD), is submttting an application to the U.S. Department of Agriculture Rural Development (nut Farmers Hone Administration) for federal funds authorized by Section 533 or pie Housing Act of 1949, es amended by Section 522 al Tide V of the Housing Urban- , . Rbrsi Recovery Aa 011983 (Pub. 198-181). The Comfy proposes to use to Housing Preservation Grant (HPG) funds to continue to operate * homeowner renebiltatlan and repair IosrVglam program for very bar- income NS. Resin rural areas- The proposed HPG Statement of Activities win be available for public, review end comment from January 24, 2000 to February 9, 2000, at the foliating locations: County of Howell Cou y a Hawaii Office al Housing and Office or Ire Deputy 'CanmuniryOMbplent 75.,g708� 14D Vekbl Hwy. • Hno Armory t'H�� HawaD 1 96720 Kailua•Kona, Hawaii 98740 Phone: 961.8379 Phone:329 -5228 .All.lnereeled parsons. groups end agencies are Invited to submit written comments for consideration by the County or Hawaii to: County of Navel Office of Housing and Community Development 50 Wailuku Drive Hilo, Hawed 96720 Al written comments must be received at the OHCD by 4:30 p.m. February 9, 2000. OFFICE OF HOUSING ANO COMMUNITY DEVELOPMENT COUNTY OF HAWAII by: Edwin S. Tatra Assistant Housing Administrator Stephen K Yamashita, Mayor County of Hawal (732244 - Hawaii Tribune - Harald: January 24, 2000)