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Home My WebLink AboutORD 1999-103 1998-2000 COUNTY OF HAWA~'I STATE OF HAWAII BILL NO. 105 ORDINANCE NO. 99 103 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), AS AMENDED, RELATING TO PROCEDURES FOR AWARDING GRANTS; RECORDS, REPORTING, AND FISCAL ACCOUNTABILITY REQUIREMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI°I: SECTION I. Purpose. The Council finds it necessary to assure fiscal accountability of grant funds awarded to nonprofit organizations by (1) providing authority for reappropriation of grant funds when a recipient can no longer or is unwilling to provide the public service for which the grant was appropriated; and (2) requiring the submittal of a year-end expenditure reports. SECTION 2. Chapter 2, Article 25, Section 2-139 of the Hawaii County Code 1983 (1995 Edition) is amended to read as follows: "Section 2-139. Procedure for awarding grants. (a) All grants made to a nonprofit organization by the County shall be made in accordance with the following procedure: (1) Annually, before November 30, the director shall, for the purpose of soliciting applications, establish a sum of at least $900,000 to be available in the ensuing fiscal year for funding requests by nonprofit organizations. In any event, the maximum amount to be made available for grants shall not exceed one percent of real property tax income. The director shall publish a notice soliciting applications in two newspapers of general circulation within the County of Hawaii by November 30. (2) All applications for grants shall be submitted to the director on or before January 31 preceding the County's fiscal year, which begins on July 1. Applications shall be prepared on forms provided by the director. Applications not in conformance with the requirements of the County Code may be rejected. t (3) The director shall submit to the council all qualifying applications for its review and appropriation of funds. Site visitations of nonprofit organizations submitting complete applications shall be conducted after January 31 but prior to final action on the operating budget by the council. These site visitations shall be conducted in a manner that allows flexible councilmember participation and designated staff support. (4) Upon favorable action by the council to appropriate funds for the grant, the director shall notify agencies of their funding or lack thereof by July 31 and award the grant in compliance with this article. (b) In the event that a grantee nonprofit organization is unable or unwilling to provide the public service(s) for which a grant was appropriated, the mayor may direct the finance director to solicit applications from eligible nonprofit organizations to firlfill the specific public purpose(s) for which the fends were originally appropriated for the remainder of the fiscal year. The director shall forward recommended application(s) and appropriation measure(s) to the council for its decision. Funds appropriated to a successor non-profit organization shall not exceed the balance of unexpended County funds awarded to the original grantee nonprofit organization." SECTION 3. Chapter 2, Article 25, Section 2-142 of the Hawaii County Code 1983 (1995 Edition) is amended to read as follows: "Section 2-142. Records,_ [and] reporting, and £scal accountability requirements. (a) The nonprofit organization shall follow generally accepted accounting procedures and practices and shall maintain books, records, documents and other evidence which sufficiently and properly account for the expenditure of County funds. The books, records and documents shall be subject at all reasonable times to inspection, reviews, or audits by the County expending agency, the director, and the legislative auditor, or by their representatives. (b) The County expending agency, director of finance, or County council may request periodic written reports on the use of County funds. (c) In the case of purchase of service agreements, the nonprofit organization shall submit a written report to the legislative auditor within sixty days after June 30 of the contractual year and an interim report no later than January 31 of the contract period. The report shall include, but not be limited to, a detailed description of how the County funds were used, public benefits derived from their use and a breakdown of other funding sources and their expenditures. (d) In the case of grants, the nonprofit organization shall submit a final written report to the legislative auditor within sixty days after June 30 of the fiscal year. The report shall include an explanation of the public benefits derived from the awazding of the grant, a complete accounting statement of all expenditures supported by County of Hawaii grant funds, and a listing of other funding sources and amounts obtained during the awazd period." 2 SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. Material to be deleted is bracketed and material to be added is underscored. SECTION 6. This ordinance shall take effect upon its approval. INTR UCED ~ J CO CIL EMBER, CO Y F HAWAII Hilo, Hawaii Date of Introduction: August 11, 1999 Date of ls` Reading: August 11, 1999 Date of 2nd Reading: August 25, 1999 Effective Date: August 30, 1999 REfERENGE, Comm. 372 3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii ROLL CALL VOTE AYES NOES ABS EX Introduced By: J Curtis Tyler III Arakaki X Date Introduced: August 11 1999 Chung X First Reading: August 11 1999 Elarionoff X Published: August 20 1999 Jacobson X ~7 CO Leithead-Todd X C C REMARKS: Pisicchio X - w Smith X Tyler X n ~ - Yagong X ~ is 9 ~ OL-~ 0 _ ~ Second Reading: August 25 1999 ROLL CALL VOTE To Mayor: _ August 26 1999 AYES NOES ABS EX Returned: Ataust 30,_]999 Arakaki X Effective: August 30 1999 Chung X Published: September 20 '1999 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Cotrnry Council puhli.rhed as indicated above. APPROVED AS TO F A D LEG Y: . DEPUTY CORPORATION COUNSEL IL CHAIRMAN COUNTY~/`O/F HA/WAIT Date n(Z 7! ~ YCLERK Approved~~~his ~ ~ doJ' or Q~.~_ y~P _ , t 9 4 0 Bill No.: 105 ~ ~ Reference: C-370/FC-110 MAYOR, CO TY OF HAWAII 99 ~.0 Ord. No.: