HomeMy WebLinkAboutRES 034 Draft 01 2012-2014 ''''' '
COUNTY OF HAWAII : •_: ''' ��:• STATE OF HAWAII
T 6F.N'.1
RESOLUTION NO. 34 13
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER
INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
AGRICULTURE, PURSUANT TO HRS 46-7, FOR A GRANT TO
PURCHASE DESKTOP AND LAPTOP COMPUTER EQUIPMENT FOR
THE HAWAII FIRE DEPARTMENT'S EMERGENCY MEDICAL
SERVICES (EMS) BUREAU
WHEREAS, the U.S. Department of Agriculture, Rural Development, has authorized
a federally funded grant to purchase desktop and laptop computer equipment for use by the
Hawaii Fire Department's Emergency Medical Services (EMS) Bureau; and
WHEREAS, the funds will be used to update current desktop and laptop computers,
many of which were purchased in 2006 and are now obsolete; and
WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that County
departments obtain the consent of the Council to enter into agreements with the Federal or
State governments respecting action to be taken pursuant to any of the powers granted by
law to furnish, expend, and receive any funds or other assistance in connection with
projects being or to be undertaken pursuant to those powers; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I, in accordance
with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is
authorized to execute, on behalf of the County, an agreement, attached hereto and
incorporated herein by reference as "Exhibit I", and related documents with the U.S.
Department of Agriculture, to enable the County to receive funding for this grant to purchase
desktop and laptop computer equipment.
BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall
transmit copies of this resolution to the Office of the Mayor, the Finance Department, and
the Hawaii Fire Department.
Dated at Kona , Hawaii, this 23rd day of January , 2013.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawai`i on January 23, 2013
KERN X
ONISHI X
ATTEST: i POINDEXTER X
WILLE X
YOSHIMOTO X
/ 8 0 1 0
i
I t Reference: C-57/FC-21
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.
34 13
Exhibit "I"
ATTACHMENT NO. 1
CONDITIONS TO BE SATISFIED PRIOR TO GRANT CLOSING
1. The applicant will provide evidence that funds from other sources will be made available for the
project costs in the amount of$11,735,and the applicant will be responsible for any cost overruns.
2. The applicant's contribution of funds toward the project cost shall be considered the first funds
expended and evidence will be provided.
3. Grantee is a legally organized public body under the applicable Hawaii state statues and will be
operated and managed under Hawaii state laws.
4. Board of Directors Resolution authorizing the Hawaii Fire Department to obtain the Community
Facilities Grant and to execute the said grant.
5. Please provide the full legal names of the persons authorized to sign the grant documents.
6. Attached is an original Form RD 3570-3, "Community Facilities Grant Agreement," for your
- review. You will be required to execute this agreement before grant funds are advanced.
7. The applicant should be aware of and comply with other Federal statute requirements including but
not limited to(Received executed form):
• Section 504 of the Rehabilitation Act of 1973.
• Civil Rights Act of 1964.
• The Americans with Disabilities Act(ADA)of 1990.
'" • Age Discrimination Act of 1975.
8. Execule,rdate,and return the following forms:
• Form 1942-46,"Letter of Intent to.Ivleet Conditions."
• Form 1940-1, "Request for Obligation of Funds."
9. If the applicant has insurance coverage for buildings, equipment, vehicles etc.; then it is the
responsibility of the applicant and not that of USDA Rural Development to assure that adequate
insurance is maintained.
ATTACHMENT NO. 1
(Continued)
10. All USDA Rural Development grant funds will be transferred to borrower via Electronic Funds
Transfer/Automated Clearinghouse Systems (EFT/ACH). Normal transfers will be via EFT/ACH;
with money being placed in Borrower's account two days after the USDA Rural Development
processing office approves the request for reimbursement. The applicant must submit the Electronic
Funds Transfer/Automated Clearinghouse Systems (EFT/ACH) Form containing the banking
(ACH) information to the USDA Rural Development at least 30 days prior to the date of grant
closing. Failure to do so could delay grant closing.
11. Any changes in funding sources following the obligation of the Community Facilities grant fund
must be reported to USDA Rural Development. You must assure that all project funds are expended
only for the eligible items included in the project budget of this letter of conditions or as amended
by USDA Rural Development in writing at a later date.
12. The grantee understands that any property acquired or improved with Federal grant funds may have
use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016,
or 3019 in effect at this time and as may be subsequently modified.
13. The grantee further understands that any sale or transfer of property is subject to the interest of the
United States Government in the market value in proportion to its participation in the project as
provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may be subsequently
modified.
14. The grantee must have the legal authority for the operation and maintenance of the facility. The
grantee shall be responsible for operating,maintaining, and managing the facility, and providing for
its continued availability and use at reasonable rates and terms.
_
15. The applicant is subject to a pre/post grant closing Civil Rights Cornphanceview by USDA Rural
Development. This entails collecting and providing data on ethnicity, racer national origin,gender
and any such records, accounts and other sources of information and facilities as may be pertinent to
ascertaining by USDA Rural Development the recipient's compliance with the civil rights laws.
16. The grantee will be required to maintain adequate records and accounts and submit statistical and
financial reports,in accordance with subsection 1942.17(q)of RD Instruction 194.2-A.
17. The grant will be closed in accordance with USDA Rural Development Instructions and this Letter
of Conditions.
USDA
Form RD 1940-1 REQUEST FOR OBLIGATION OF FUNDS
(Rev.07-08)
INSTRUCTIONS-TYPE IN CAPITAUZED ELITE TYPE IN SPACES MARKED( )
Complete Items 1 through 29 and applicable Items 30 through 34.See FMI.
. 1.CASE NUMBER LOAN NUMBER FISCAL YEAR
ST CO BORROWER ID
61-005-996000567 2012
2.BORROWER NAME 3.NUMBER NAME FIELDS
• COUNTY OF HAWAII 2] (/.Z or.1 from Item J/
4.STATE NAME
, HAWAII FIRE DEPARTMENT HAWAII
1 6.COUNTY NAME
HAWAII -
GENERAL BORROWER/LOAN INFORMATION _
6.RACEIETHNIC 7.TYPE OF LAS500.OFmums 8.COLLATERAL CODE ' 9.EMPLOYEE
CLASSIFICATION APPUCANT 4-0R .""AmERs aRFM ESTATE 4.MAds►lotrosar
7 SECURED s-UVESTOCKoar
RELATIONSHIP CODE
1-w5TE 4-HISPANIC 1-P/OMDUN. S-NONPROFISANIN MEAL ESTATE S-caws ONLY I-EMPLOYEE
TEffAMO.Y
2-SMACK S-NP1 2-PARTIERSHP BASED Me MATTEL 7•SECURED
5 I s.ASAN 4 1s-CORPORATION soTNER NOTE ONLY N 110110$ s• MAME
-.CORPORATION
soar l CWITTK ONLY l4-ASSOC.
10.SEX CODE s-FAM�LrL1MT
4.GROAN.Aater ova,1E0 11.MARITAL STATUS 12.VETERAN CODE 1 13.CREDIT REPORT
ii-MALE - S-ORGAN F9NLEOWNED 1..WANED s•1R0tMWEDmimes res 1-rEs
6 I2 fsi'L.E s.P{lil1C 50DY :.sEPMUUm NADOMFoormC� ,2 7IO 21 2JI0
14.DIRECT PAYMENT 15.TYPE OF PAYMENT 16.FEE INSPECTION r; ;::,�,cr• •.,v` ^i
( $.momnoY 2-SEM-ANNUALLY _ ,
:J _ I2-NMW.LY 4:01.W01311.2----. _ a•rr 11r _.
r 1 � `� ..�lY�, say_Y.. h_"•?if'7!xr . .•
17.COMMUNITY SIZE 18. SE OF FUNDS CODE
I ,•10550 ORLESS FOR SFNAND Y
2.O'. 10000 NPO OILLT, Moe F10)
COMPLETE FOR OF FUNDS
19.TYPE OF 20.PURPOSE CODE 21.SOURCE OF FUNDS -22.TYPE OF ACTION
ASSISTANCE
1.011UOADON ONLY
237 I ism I `2J 113-CORRECTION 0810,
23.TYPE OF SUBMISSION •24.AMOUNT OF LOAN 25.AMOUNT OF GRANT
_ y _
1 r. yX $35,200.00
26.AMOUNT OF ,.,, T 27.DAZE OF 28.INTEREST RATE It REPAYMENT TERMS
- IMMEDIATE ADVANCE APPROVAL -
MO DAY -*Ill l. _: •- _
COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS
30.PROFIT TYPE r.-:v :,. KWW .,..,
1•wllrnoFTT 2.1I01NROFIT '°•c�'''6.i'•:ILP435 �r e • ''_,:.r ?'y s''r.,, ..7 1,r•••,V A;":i:1
COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION
•31.DISASTER DESIGNATION NUMBER 32.TYPE OF SALE
I es«HIO I 2-/lS7l*IPigNOfar 4-A3$IR 'lIQIIW N
2 1.6REPT SALE ONLY-.s•CREDIT SALE WTNsuossoUENT LOAN SUB0E0{ENr LOAN
FINANCE OFFICE USE ONLY
COMPLETE FOR FP LOANS ONLY
"33.OBLIGATION DATE
34.BEGINNING FARMER/RANCHER
MO DA YR
(Sas FAMQ
Ole dedsk*eenugued abonr be tb for"results In elealal redoc low era ncelIo e.,of UISDA asslaauce,you may appeal Nds decision and have•hewing rpm pay request a
rerkw la flea of a Aearbls.Please use declares ire haw h.elddedfor this purpose.
Position 2
ORIGINAL-Borrower's Case Folder COPY 1-Finance Office COPY 2-ApplleantlLender COPY 3-State Office
Attachment to Form RD 1940-1
"REQUEST FOR OBLIGATION OF FUNDS"
35. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
• The grantee understands the requirements for receipt of funds under the
Community Facilities Grant program. The grantee assures and certifies that it is
in compliance with all applicable laws, regulations,Executive Orders, and other
applicable requirements, including those set forth in Form RD 3570-3, 7 CFR
parts 3015, 3016,or 3019 as subsequently modified, and the letter of conditions.
The following conditions may apply if Community Facilities Grant funds were
used to purchase equipment or obtain or improve real property:
1. The grantee understands that any property acquired or improved with
Federal grant funds may have use and disposition conditions which apply
to the property as provided by 7 CFR parts 3015,3016,or 3019 in effect at
this time and as may be subsequently modified.
2. The grantee understands that any sale or transfer of property is subject to
the interest of the United States Government in the market value in
proportion to its participation in the project as provided by 7 CFR parts
3015, 3016, or 3019 in effect at this time and as may be subsequently
modified.
Form RD 3570-3 Form Approved
(Rev.5-99)
OMB No.0575-0173
United States Department of Agriculture
Rural Housing Service
COMMUNITY FACILITIES GRANT AGREEMENT
THIS GRANT AGREEMENT(Agreement)dated 04-12-2012 ,is a contract for receipt of grant
funds under the Community Facility Grant program(7 C.F.R.part 3570, subpart B).These requirements do not
supersede the applicable requirements for receipt of Federal funds stated in 7 C.F.R.parts 3015,"Uniform
Federal Assistance Regulations,"3016"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"or 3019,"Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education,Hospitals,and other Nonprofit Organizations."Further,7
C.F.R.part 3570,subpart B,and all relevant regulatory requirements apply to applicants whether contained in
here or not.
BETWEEN COUNTY OF HAWAII, HAWAII FIRE, DEPARTMENT
a public body,nonprofit corporation,or Indian tribe(Grantee)and the United States of America acting through
the Rural Housing Service(RHS), Department of Agriculture,(Grantor)
WITNESSETH:
All references herein to"Project"refer to a community facility to serve a rural community generally known*"
Purchase . f-,desktop,�nd laptop Oomputer_equipment.
_-�:�;. The principal
amount ottiiegrappis$ 35,200.00- (Grant Funds)which is 75.0000
perce n Project costs.
WHEREAS
Grantee has determined to undertake the acquisition,construction, enlargement,capital improvement,or
purchase of equipment for a project with a total estimated cost of$ 46,935.oo Grantee
is able to finance and has committed$ 11,735.00 of Project costs.
The Grantor has agreed to give the Grantee the Grant Funds,subject to the terms and conditions established by
the Grantor:Provided, however,that any Grant Funds actually advanced and not needed for grant purposes
shall be returned immediately to the Grantor.The Grantor may terminate the grant in whole,or in part,at any
time before the date of completion,whenever it is determined that the Grantee has failed to comply with the
conditions of this Agreement or the applicable regulation.
As a condition of this.Agreement,the Grantee assures and certifies that it is in compliance with and will comply
in the course of the Agreement with all applicable laws,regulations, Executive Orders,and other generally
applicable requirements, including those contained in 7 C.F.R.§3015.205(b),which are incorporated into this
agreement by reference,and such other statutory provisions as are specifically contained herein.
NOW,THEREFORE, in consideration of said grant;
According ing to the Pcpenror*Reduction Act ofI99S.an agency way not maw or sponsor.and a person Is not soquired a respond to a collection of kforwatian sinless It
displays a void OMB control au Ober The void OMB control number for Ai hlornatkn calkerkn is 0573-0173.The Moe required so e n pkte Usk hlawotion collection
it estimated to average 1$mMwies per response.k,d"ding the Nwe foi revkwing knteuegons.searching existing data towers.gadit sang d e,41n14p,k Me kis needed and
cooloktrng and reviewing the collection of Wannest**.
Form RD 3570-3
Page 2
Grantee agrees that Grantee will:
A.Cause said Project to be constructed within the total sums available to it,including Grant Funds, in
accordance with any architectural or engineering reports,and any necessary modifications,prepared
by Grantee and approved by Grantor,
B. Provide periodic reports as required by Grantor and permit periodic inspection of the Project by a
representative of the Grantor. For grant-only Projects,Form SF 269,"Financial Status Report,"and a
project performance report will be required on a quarterly basis(due 15 working days after each of
each calendar quarter).A final project performance report will be required with the last"Financial Status
Report."The final report may serve as the last quarterly report.Grantees shall constantly monitor
performance to ensure that time schedules are being met, projected work by time periods is being
accomplished,and other performance objectives are being achieved.The project performance reports
shall include,but not limited to,the following:
1.A comparison of actual accomplishments to the objectives established for that period;
2.Reasons why established objectives were not met;
3.Problems,delays,or adverse conditions which will affect attainment of overall project objectives,
prevent meeting time schedules or objectives,or preclude the attainment of particular project work
elements during established time periods.This disclosure shall be accomplished by a statement of
the action taken or planned to resolve the situation;and
4.Objectives and timetables established for the next reporting period.
C. Manage,operate,and maintain the facility,including this Project if less than the whole of said facility,
continuously in an efficient and economical-manner,
D.Not use grant funds to replace any financial support previously provided or assured from any other
source.The Grantee agrees that the Grantee%level of expenditure for the Project shall be maintained
and not reduced as a result of Grant Funds;
E. Make the public facility or services available to all persons in Grantee's service area without discrimi-
nation as to race,color,religion,sex,national origin,age,marital status,or physical or mental disability
at reasonable rates,including assessments,taxes,or fees.Grantee may make modifications as long as
they are reasonable and nondiscriminatory;
F.To execute any agreements required by Grantor which Grantee is legally authorized to execute.If
any such agreement has been executed by Grantee as a result of a loan being made toGrantee by
Grantor contemporaneously with the making of this grant,that agreement applies equally to the grant
and another identical agreement need not be executed In connection with this grant;
G. Upon any default under its representations or agreements contained in this instrument,Grantee,at
the option and demand of Grantor,will immediately repay to Grantor the-Grant Funds with any legally
permitted interest from the date of the default.Default by the Grantee will constitute termination of the
grant thereby causing cancellation of Federal assistance under the grant.The provisions of this Agree-
ment may be enforced by Grantor,at its option and without regard to prior waivers of previous defaults
by Grantee,by judicial proceedings to require specific performance of the terms of this Agreement or
by such other proceedings in law or equity,In either Federal or State courts,as may be deemed
necessary by Grantor to assure compliance with the provisions of this Agreement and the laws and
regulations under which this grant is made;
Form RD 3570-3
Page 3
H.Use the real property including land,improvements,structures,and appurtenances thereto,for
authorized purposes of the grant as long as needed;
1.Title to real property shall vest in the Grantee subject to the condition that the Grantee
shall use the real property for the authorized purpose of the original grant as long as needed.
2.The Grantee shall obtain Grantor's approval to use the real property in other projects when
the Grantee determines that the property is no longer needed for the original grant purposes.
Use in other projects shall be limited to those under other Federal rant
9 programs or
programs that have purposes consistent with those authorized for support by the Grantor.
3.When the real property is no longer needed,as provided in paragraphs 1 and 2 above,the
Grantee shall request disposition instructions from the Grantor.The Grantor will observe the
following rules in the disposition instructions:
(a)The Grantee may be permitted to retain title after it compensates the Federal govern-
ment in an amount computed by applying the Federal percentage of participation in the
cost of the original Project to the fair market value of the property;
(b)The Grantee may be directed to sell the property under guidelines provided by the
Grantor and pay the Federal government an amount computed by applying the Federal
percentage of participation in the cost of the original Project to the proceeds from sale(after
deducting actual and reasonable selling and fix-up expenses, if any,from the sales pro-
ceeds).When the Grantee is authorized or required to sell the property,proper sales proce-
dures shall be established that provide for competition to the extent practicable and result
in the highest possible return;
(c)The Grantee may be directed to transfer title to the property to the Federal government
provided that in such cases the Grantee shall be entitled to compensation computed by
applying the Grantee's percentage of participation in the cost of the program or Project to
the current fair market value of the property;
This Grant Agreement covers the following described real property(use continuation sheets as neces-
sary).
N/A
I.Abide by the following conditions pertaining to equipment which is furnished by the Grantor or acquired
wholly or in part with Grant Funds.Equipment means tangible,non-expendable personal property having
a useful life of more than one year and an acquisition cost of$5,000 or more per unit.A Grantee may use
its own definition of equipment provided that such definition would at least include all equipment as
defined below:
1. Use of equipment.
(a)The Grantee shall use the equipment in the Project for which it was acquired as long as
needed.When no longer needed for the original project,the Grantee shall use the equip-
ment in connection with its other federally sponsored activities, if any,in the following order
of priority:
(i)Activities sponsored by the Grantor.
ri)Activities sponsored by other Federal agencies.
Form RD 3570-3
Page 4
(b)During the time that equipment is held for use on the project for which it was acquired,the
Grantee shall make it available for use on other projects if such other use will not interfere
with the work on the project for which the property was originally acquired.First preference
for such other use shall be given to Grantor sponsored projects.Second preference will be
given to other federally sponsored projects.
2.Disposition of equipment.When the Grantee no longer needs the property as provided in
paragraph 1 (a)and(b)above,the equipment may be sold or used for other activities in accor-
dance with the following standards:
(a)Equipment with a current fair market value of less than$5,000.The Grantee may use
the property for other activities without reimbursement to the Federal government or sell
the property and retain the proceeds.
(b)Equipment with a current fair market value of$5,000 or more.The Grantee may retain
the property for other uses provided that compensation is made to the Grantor.The amount
of compensation shall be computed by applying the percentage of Federal participation in
the cost of the original Project to the current fair market value of the
property. If the Grantee
has no need for the equipment and the equipment has further use value,the Grantee shall
request disposition instructions from the Grantor.
(c)The Grantor shall determine whether the equipment can be used to meet RI-IS or its
successor agency's requirements.If no such requirements exist,the availability of the
property shall be reported,in accordance with the guidelines of the Federal Property Man-
agement Regulations(FPMR),to the General Services Administration by the Grantor to
determine whether a requirement for the equipment exists in other Federal agencies.The
Grantor shall issue instructions to the Grantee no later than 120 days after the Grantee's
request and the following procedures shall goon;.
(i)If so instructed or if disposition instructions are not issued within 120 calendar days after the
Grantee's request,the Grantee shall sell the equipment and reimburse the Grantor an amount
computed by applying to the sales proceeds the percentage of federal participation in the cost
of the original project or program.However,the Grantee shall be permitted to deduct and
retain from the Federal share 10 percent of the proceeds or$500,whichever is less,for the
Grantee's selling and handling expenses.
(ii)If the Grantee is instructed to ship the property elsewhere,the Grantee shall be
reimbursed by the benefiting Federal agency with an amount which is computed by
applying the percentage of the Grantee participation in the cost of the original grant
Project or program to the current fair market value of the equipment plus any
reasonable shipping or interim storage costs incurred.
(ii)If the Grantee is instructed to otherwise dispose of the equipment,the Grantee
shall be reimbursed by the Grantor for such costs incurred in its disposition.
3.The Grantee's property management standards for equipment shall include:
(a)Property records which accurately provide for a description of the equipment;manufacturer's serial number or
other identification number,acquisition date and cost;source of the equipment;percentage(at the end of budget
year)of Federal participation in the cost of the Project for which the equipment was acquired;location,use,and
condition of the equipment and the date the information was reported;and ultimate disposition data including
sales price or the method used to determine current fair market value if the Grantee reimburses the Grantor for its
share.
•
Form RD 3570-3
Page 5
(b)A physical inventory of equipment shall be taken and the results reconciled with the
equipment records at least once every two years to verify the existence,current utilization,
and continued need for the equipment.
(c)A control system shall be in effect to ensure adequate safeguards to prevent loss,
damage,or theft of the equipment.Any loss,damage,or theft of equipment shall be investi-
gated and fully documented.
(d)Adequate maintenance procedures shalt be implemented to keep the equipment in good
condition.
(e) Proper sales procedures shall be established for unneeded equipment which would
provide for competition to the extent practicable and result in the highest possible return;
This Grant Agreement covers the following described equipment(use continuation sheets as necessary).
Desktop and Laptop computer equipment
J. Provide Financial Management Systems which will include:
4 Accurate;current,and complete disclosure of the financial results of each graot.-Financial report..
ing will be on an accrual basis.
2.Records which identify adequately the source and application of funds for grant-supported
activities.Those records shall contain information pertaining to grant awards and authorizations,
obligations,unobligated balances,assets,liabilities,outlays;and income.
3.Effective control over and accountability for all funds,property,and other assets.Grantees shall
adequately safeguard all such assets and shall ensure that they are used solely for authorized
purposes.
4.Accounting records supported by source documentation.
K. Retain financial records, supporting documents,statistical records,and all other records pertinent to
the grant for a period of at least three years after grant closing except that the records shall be retained
beyond the three-year period if audit findings have not been resolved.Microfilm or photo copies or
similar methods may be substituted in lieu of original records.The Grantor and the Comptroller-General
of the United States, or any of their duly authorized representatives,shall have access to any books,
documents,papers,and records of the Grantee's which are pertinent to the specific grant program for
the purpose of making audits, examinations,excerpts,and transcripts;
L.Provide either an audit report,annual financial statements,or other documentation prepared in
accordance with Grantor regulations to allow the Grantor to determine that funds have been used
in compliance with the proposal,any applicable laws and regulations,and this Agreement;
M.Agree to account for and to return to Grantor interest earned on grant funds pending their disbursement
for program purposes when the Grantee is a unit of local government.States and agencies or an
instrumentality of a State shall not be held accountable for interest earned on Grantfunds pending their
disbursement;
Form RD 3570-3
Page 6
N.Not encumber,transfer or dispose of the property or any part thereof,furnished by the Grantor or
acquired wholly or in part with Grantor funds without the written consent of the Grantor except as
provided in Item H and I;and
0.Not duplicate other Project purposes for which monies have been received,are committed,or are
applied to from other sources(public or private).
Grantor Agrees That It:
A.Will make available to Grantee for the purpose of this Agreement not to exceed$35,200.00 which
it will advance to Grantee to meet not to exceed 75.0000 percent of the Project development costs in
accordance with the actual needs of Grantee as determined by Grantor.
B.Wdl assist Grantee,within available appropriations,with such technical assistance as Grantor deems
appropriate in planning the Project and coordinating the plan with local official comprehensive plans for
essential community facilities and with any State or area plans for the area in which the project is
located.
C.At its sole discretion and at any time may give any consent,deferment,subordination,release,
satisfaction,or termination of any or all of Grantee's grant obligations,with or without valuable consider-
ation, upon such terms and conditions as Grantor may determine to be(1)advisable to further the
purpose of the grant or to protect Grantor's financial interest therein and(2)consistent with both the
statutory purposes of the grant and the limitations of the statutory authority under which it is made.
Termination of This Agreement
This Agreement may be terminated for cause in the event of default on the part of the Grantee or for
convenience of the Grantor and Grantee prior to the date of completion of the grant purpose.Termination for
convenience will occur when both the Grantee and Grantor agree that the continuation of the Project will not
produce beneficial results commensurate with the further expenditure of funds.
IN WITNESS WHEREOF,Grantee has this day authorized and caused this Agreement to be executed
By
and attested with its corporate seal affixed(if applicable)by
Attest:
By
dale)
UNITED STA S
RURAL OUST 0.1 •
By
ALTSZ M MURA Community. Programs Director
(Name) (Title)
GRANT RESOLUTION
Be it resolved, that the and are hereby
authorized and empowered to take all action necessary and/or appropriate on behalf of the
County of Hawaii,Hawaii Fire Department.
To obtain for and on behalf of the County of Hawaii,Hawaii Fire Department through the United
States.Department of Agriculture a Grant in the amount of$35,200.00.
To execute the United States Department of Agriculture, Rural Housing Service, {Community
Facilities Grant Agreement dated April 12, 2012 and to abide by the conditions in said
Community Facilities Grant Agreement.
Furthermore,the County of Hawaii, Hawaii Fire Department hereby accepts the Grant under the
terms as offered by the Government and that the and
of the County of Hawaii, Hawaii Fire Department are hereby
authorized and empowered to take all action necessary or appropriate in the execution of all
written instruments as may be required in regard to or as evidence of such Grant and the County
of Hawaii,Hawaii Fire Department hereby resolves to operate the equipment under the terms as
offered in said Grant Agreement.
This resolution shall take effect and be in force from and after the day of
,2012, being the date of its enactment.
_: =mss• _ .
.
COUNTY OF HAWAII
HAWAII FIRE DEPARTMENT
By By
By
Title: — Title:
.(SEAL if applicable)
Attest:
By:
Title:
r -
CERTIFICATION APPROVAL
For All Farmers Programs EM,OL,FO,and SW Loans
This loan is approved subject to the availability of funds.If this loan does not close for any reason within 90 days from the
date of approval on this document,the approval official will request updated eligibility information.The undersigned loan
applicant agrees that the approval official will have 14 working days to review any updated information prior to submitting
this document for obligation of funds.If there have been significant changes that may affect eligibility,a decision as to
eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information.
If this is a loan approval for which a lien and/or title search is necessary,the undersigned applicant agrees that the
• 15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative
completing title work and completing loan closing.
•
35. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
Refer to the .Letter of Conditions dated April 3.2, 2012 and Attachment to Form RD
1940-1 'Request for Obligation of Funds.*
36. I HEREBY-CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates
and terms,taking into consideration prevailing private and cooperative rates and terms in or near my community for loans
for similar purposes and periods of time.I agree to use the sum specified herein,subject to and in accordance with
regulations applicable to the type of assistance indicated above,and request payment of such.sum.I agree to report to
USDA any material adverse changes,financial or otherwise,that occur prior to loan closing.I certify that no part of the sum
specified herein has been received.I have reviewed the loan approval requirements and comments associated with this loan
request and agree to comply with these provisions.
•
(For FP loans at eligible temu only)If this loan is approved,I elect the interest rate lobe charged on ray loan to be the lower of the -
interest rate in effect at the time of loan approval or loan closing.If I cheek'NO',the interest rate charged on my
loan will be the rate specified in Item 28 of this form. YE NO
• WARNING; Whoever,In any matter within the Judsdiction of any department or agency of the Untted States •
knowingly and willfully falsi ies conceals or covets u -
.,,.. _ p by any trick scheme,or device a.ntaLertal
fact of makes..any false,fictitious or fraudulent statements or representations,or makes or uses
.` ~ r — any-false writing Or-do-WOW knovi the same to contain any false,fictitious or fraudulent
- -statement or entry,shalt'be fined under this tide or imprisoned not more than five years,or both"
Date
(Signature ofApplicant)
Date , 20
fignorun of Co-Applicant)
37. I HEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations
prerequisite to providing assistance of the type indicated above have been made and .. evidence thereof is in the docket,and
that all requirements of pertinent regulations have been complied with.I •
hereby . �.. • the above-deacn'btrd assistance in the
amount set forth above,and by this doeurnent,subject to the availability Of funds, L •vein .- to advance such
amount to the applicant for the purpose of and subject to the availability prescn � •. \ .,.ticable to this type of
assistance.
(Signature o •••°`v'6i8 J/ielap
Typed or Printed Name: ALTON M. KIMURA .
Date Approved: - Title: Community Programs Director
38. TO THE APPLICANT:As of this date ,this is notice that your application#or financial assistance
from the USDA has been approved,as indicated above,-subject to the availability of funds and other conditionssequired by
the USDA.If you have any questions contact the appropriate USDA Servicing Office.
•
Position 3
Form RD 1942-46 UNITED STATES DEPARTMENT OF AGRICULTURE FORM APPROVED
(Rev.6-98) RURAL.DEVELOPMENT
FARM SERVICE AGENCY OMB NO.05'75-0015
LETTER OF INTENT TO MEET CONDITIONS
Date
TO:United States.Department of Agriculture
Rural Development
(Name of USDA Agency)
154 Waianuenue Avenue, Room 311
Hilo, RI 96720
(USDA Agency Office Address)
We have reviewed and understand the conditions set forth in your truer dated 04-12.2012 .It is our intent to meet all of
Than not later than 10-12-.?012
. 1ra.
CoUnty of Hawaii, Hawaii-Fire Departmnt
(Name ofAissociation)
BY
__ - - - . .. .... - (bile)
Accord to t1 a PaPenrori ReduettoM Act of 1995 so persons are rrgtdmf b respond to a collection LI/ormaaon ankuotdiVialsa rnlid OJ1(B"aural xanber
flee rd OMB eo�ndnf asmibe a or 1e�irt d on is 6575-0015.The Itwe regulned a tbeH/*se flits Ulforeauotr col ecEoo 6 esU oted a average I molar
ree d+e Iealleetton he tlydr�ypn c e thig data iocaices.jodiesli�and aratntattdng the data r►eedeet and conypletlt�p and
Form RD 1942-46-(Rev.6-98)