HomeMy WebLinkAboutBIL 215 Draft 01 2012-2014 JNtYOF h,
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 215
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
APPROPRIATION OF FUNDS TO NONPROFIT ORGANIZATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 25, section 2-135 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 2-135. Purpose.
The purpose of this article is to establish standards for the appropriation of funds to
nonprofit organizations providing programs and services which the County has
determined to be in the [public's] public interest."
SECTION 2. Chapter 2, article 25, section 2-139 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended by amending subsection (a) to read as follows:
"(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[.] Funds:
(A) Appropriations from the district contingency relief account shall be
transferred to an accepting County department/agency via resolution
identifying the nonprofit organization and the specific program, project,
[er] event, activity, service, equipment, materials, or supplies for which
the grant shall be used.
(B) [' . - . . - - . . - . . - . . . . - .. .
law and be domiciled in the County departments. Equipment, supplies,
and products are the property of the County.]
Any equipment purchased by a nonprofit organization shall be domiciled
with that nonprofit organization, which shall assume any and all liability
for such equipment.
(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.
(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."
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SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall 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 declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm., 725
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