HomeMy WebLinkAboutCOM 0313.001 2012-2014 Margaret Wille .--.,-,i'„;- Phone No. Hilo: (808)961-8027
°. k''' Phone No. Waimea: (808)887-2043
Council Member �°' :7 !%
District 9-North and South Kohala t ""�v,��6�'0' Fax No.: (808)887-2072
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HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building Holomua Center West Hawaii Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo, Hawaii 96720 Waimea, Hawaii 96743 Kailua-Kona, Hawaii,96740
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TO: J Yoshimoto, Council Chair N --,-<
and Members of the Hawai`i County Council ''
FROM: Margaret Wille, Council Membe r °•° 7'
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DATE: July 19, 2013
SUBJECT: Proposed Amendments to Bill No. 90; Relating to Awarding of Contingency
Relief Funds to Nonprofit Organizations
Please see below proposed amendments to Bill No. 90. The amendments to Section 2-139 are
illustrated below in Ramseyer format with respect to the contents of Bill No. 90; material to be
deleted is bracketed and stricken through; material to be added is underscored. The proposed
amendments read as follows:
"Section 2-139. Procedure for awarding grants.
(a) All grant awards made to a nonprofit organization by the County shall be made in
accordance with one of the following procedures:
(1) Grants-in-aid awarded annually in operating budget:
(A) Annually, before November 30, the director shall, for the purpose of soliciting
applications, establish a sum of at least $1,000,000 to be available in the ensuing
fiscal year for funding requests by nonprofit organizations. The director shall
publish a notice soliciting applications in two newspapers of general circulation
within the County by November 30.
(B) 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 this Code may be rejected. All application forms shall
include detailed information on specific, measurable outcomes and public
benefits to be derived from the expenditure of County funds.
Comm.No, 3 3. /
Ref.To: P/a"inCi'/
Ref.Date JUG 2 4 2013 ,
Serving the Interests of the People of Our Island
Hawai`i County Is An Equal Opportunity Provider And Employer
J Yoshimoto, Council Chair
and Members of the Hawai`i County Council
July 19, 2013
Page 2 of 3
(C) The director shall submit to the council all qualifying applications as provided in
sections 2-137 and 2-138 for its review and appropriation of funds. Site
visitations of nonprofit organizations submitting complete applications may be
conducted by the council and its designated staff, as deemed necessary by the
chair of the appropriate committee, after January 31 but prior to final action on
the operating budget by the council. Any site visitations shall be publicly noticed
and conducted in a manner that allows flexible councilmember participation and
designated staff support.
(D) Upon favorable action by the council to appropriate funds for the grant, a written
contract shall be prepared with the nonprofit organization which shall meet all
legal requirements of the County and shall include program, fiscal, and audit
reporting requirements sufficient to allow the director, the legislative auditor, or
council to effectively monitor and evaluate the use of the grant funds. Agencies
shall be notified by the director of their funding or lack thereof by August 31.
(2) Grants from district contingency relief:
(A) Appropriations from the district contingency relief account may be used for a
County-related, public purpose in coordination with an accepting County agency
and a nonprofit organization, provided that nonprofit organization did not receive
grant-in-aid funds for the same fiscal year. The consent of the involved County
agency is required, but shall not be unreasonably withheld.
(B) Appropriations from the district contingency relief account shall be transferred to
an accepting County agency via resolution identifying the public purpose, the
specific program, project, or event for which the grant shall be used, the overall
objective of the nonprofit organization involved, and the manner in which the
success of the project will be measured.
(C) All purchases of equipment must follow procurement law and be domiciled in
the County departments. Equipment, supplies, and products are the property of
the County.
(D) A contract shall be prepared with the eligible nonprofit organization, which shall
meet all legal requirements of the County and shall include program, fiscal, and
audit reporting requirements sufficient to allow the legislative auditor or council
to effectively monitor and evaluate the use of the grant funds.
(E) Each member of the council has direct responsibility over his or her allocated
contingency relief funds.
(F) The council member transferring funds for a nonprofit program, project, or event
shall submit an annual report, which shall be available to the public, discussing
the success of the program, project, or event relative to the stated public purpose
and objectives, as well as any problems encountered and any recommendations
for similar future programs, projects, or events.
J Yoshimoto, Council Chair
and Members of the Hawai`i County Council
July 19, 2013
Page 3 of 3
[(2)] (3) Other Grants:
(A) Grant awards in excess of $25,000 to nonprofit organizations shall specifically
identify the organization receiving the grant funds and the purpose for which the
grant funds shall be used in an ordinance or resolution.
(B) Grant awards in excess of $25,000 to organizations that do not qualify as
nonprofit organizations shall specifically identify the purpose for which the
funds shall be used in an ordinance or resolution and be subject to competition in
compliance with chapter 103D of the Hawai`i Revised Statutes.
(C) Grant awards of $25,000 or less may be authorized by the finance director for
public purpose projects or programs upon written request of a funding agency or
department. Such grant awards shall not be limited to nonprofit organizations but
shall specifically identify the organization and program, project or event for
which the grant funds shall be used and comply with the rules and regulations of
the director of finance.
(b) In the event that a grantee organization is unable or unwilling to provide the public
service(s) for which grant funds were appropriated, the following procedures shall apply:
(1) For grant awards authorized as prescribed in 2-139(a)(1), the mayor may direct the
finance director to solicit applications from eligible nonprofit organizations to fulfill
the specific public purpose(s) for which the funds 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 nonprofit organization shall not exceed the balance of unexpended County
funds awarded to the original nonprofit organization.
(2) For grant awards from the district contingency relief, the council may direct the return
of the full appropriation or the balance of unexpended funds.
[(2)](3) For other grant awards authorized as prescribed in [2 139(a)(2)] 2-139(a)(3), the
finance director may direct the return of the full grant amount or balance of the
unexpended funds."
A draft copy of Bill No. 90, Draft 2, is attached with these amendments incorporated.
MW/dh
att
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25, SECTION 2-139 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
AWARDING OF CONTINGENCY RELIEF FUNDS TO NONPROFIT
ORGANIZATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 25, section 2-139 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 2-139. Procedure for awarding grants.
(a) All grant awards made to a nonprofit organization by the County shall be made in
accordance with one of the following procedures:
(1) Grants-in-aid awarded annually in operating budget:
(A) Annually, before November 30, the director shall, for the purpose of soliciting
applications, establish a sum of at least $1,000,000 to be available in the ensuing
fiscal year for funding requests by nonprofit organizations. The director shall
publish a notice soliciting applications in two newspapers of general circulation
within the County by November 30.
(B) 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 this Code may be rejected. All application forms shall
include detailed information on specific, measurable outcomes and public
benefits to be derived from the expenditure of County funds.
(C) The director shall submit to the council all qualifying applications as provided in
sections 2-137 and 2-138 for its review and appropriation of funds. Site
visitations of nonprofit organizations submitting complete applications may be
conducted by the council and its designated staff, as deemed necessary by the
chair of the appropriate committee, after January 31 but prior to final action on
the operating budget by the council. Any site visitations shall be publicly noticed
and conducted in a manner that allows flexible councilmember participation and
designated staff support.
(D) Upon favorable action by the council to appropriate funds for the grant, a written
contract shall be prepared with the nonprofit organization which shall meet all
legal requirements of the County and shall include program, fiscal, and audit
reporting requirements sufficient to allow the director, the legislative auditor, or
council to effectively monitor and evaluate the use of the grant funds. Agencies
shall be notified by the director of their funding or lack thereof by August 31.
[(2) Grants From District Contingency Relief:
• • .. . . : -- - - relief account shall be transferred to
be used.
• .. . - : .': -- - . . . ': . . . .. - , .. . .
be domiciled ix the County departments. -. .• - - , . .. •- , . . .. . . -
the property of the County.
(C) A contract shall be prepared with the nonprofit organization which shall meet all
legal requirements of the County and shall include program, fiscal, and audit
reporting requirements sufficient to allow the legislative auditor or council to
effectively monitor and evaluate the use of the grant funds.]
(2) Grants from district contingency relief:
(A) Appropriations from the district contingency relief account may be used for a
County-related, public purpose in coordination with an accepting County agency
and a nonprofit organization, provided that nonprofit organization did not receive
grant-in-aid funds for the same fiscal year. The consent of the involved County
agency is required, but shall not be unreasonably withheld.
(B) Appropriations from the district contingency relief account shall be transferred to
an accepting County agency via resolution identifying the public purpose, the
specific program, project, or event for which the grant shall be used, the overall
objective of the nonprofit organization involved, and the manner in which the
success of the project will be measured.
(C) All purchases of equipment must follow procurement law and be domiciled in
the County departments. Equipment, supplies, and products are the property of
the County.
(D) A contract shall be prepared with the eligible nonprofit organization, which shall
meet all legal requirements of the County and shall include program, fiscal, and
audit reporting requirements sufficient to allow the legislative auditor or council
to effectively monitor and evaluate the use of the grant funds.
(E) Each member of the council has direct responsibility over his or her allocated
contingency relief funds.
(F) The council member transferring funds for a nonprofit program, project, or event
shall submit an annual report, which shall be available to the public, discussing
the success of the program, project, or event relative to the stated public purpose
and objectives, as well as any problems encountered and any recommendations
for similar future programs, projects, or events.
(3) Other Grants:
(A) Grant awards in excess of $25,000 to nonprofit organizations shall specifically
identify the organization receiving the grant funds and the purpose for which the
grant funds shall be used in an ordinance or resolution.
(B) Grant awards in excess of $25,000 to organizations that do not qualify as
nonprofit organizations shall specifically identify the purpose for which the
funds shall be used in an ordinance or resolution and be subject to competition in
compliance with chapter 103D of the Hawai`i Revised Statutes.
(C) Grant awards of $25,000 or less may be authorized by the finance director for
public purpose projects or programs upon written request of a funding agency or
department. Such grant awards shall not be limited to nonprofit organizations but
shall specifically identify the organization and program, project or event for
which the grant funds shall be used and comply with the rules and regulations of
the director of finance.
-2-
(b) In the event that a grantee organization is unable or unwilling to provide the public
service(s) for which grant funds were appropriated, the following procedures shall apply:
(1) For grant awards authorized as prescribed in 2-139(a)(1), the mayor may direct the
finance director to solicit applications from eligible nonprofit organizations to fulfill
the specific public purpose(s) for which the funds 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 nonprofit organization shall not exceed the balance of unexpended County
funds awarded to the original nonprofit organization.
(2) For grant awards from the district contingency relief, the council may direct the return
of the full appropriation or the balance of unexpended funds.
(3) For other grant awards authorized as prescribed in 2-139(a)(3), the finance director
may direct the return of the full grant amount or balance of the unexpended funds."
SECTION 2. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
-3-