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Home My WebLink AboutRES 394 Draft 01 2012-2014 J+tIt OF Mme' COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 394 1`I RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES, DIVISION OF FORESTRY AND WILDLIFE, PURSUANT TO HRS 46-7, FOR A VOLUNTEER FIRE ASSISTANCE PROGRAM GRANT TO THE HAWAII FIRE DEPARTMENT WHEREAS, the Hawaii Department of Land and Natural Resources, Division of Forestry and Wildlife, through their Volunteer Fire Assistance grant program, has authorized federally derived funds to be provided to the Hawaii Fire Department; and WHEREAS, these fund are to provide training and the acquisition of equipment as specified under the Volunteer Fire Assistance program; 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 HAWAII, 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, of which a draft is attached hereto and incorporated herein by reference as Exhibit "I", and related documents, with the Hawaii Department of Land and Natural Resources, Division of Forestry and Wildlife to enable the County to receive grant funds to support the Hawaii Fire Department's Volunteer Fire Assistance program. 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 , Hawai`i, this 1st day of May 12014. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii EOFF X FORD I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adoppted by the COUNCIL of the KANUHA X County of Hawaii on May 1, 2014 KERN X ONISHI X ATTEST- POINDEXTER R WILLE _ X YOSHIMOTO X 9 0 0 0 Reference:_ C-831/Waived FC _ COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 394 14 Exhibit "I" VOLUNTEER FIRE ASSISTANCE PROGRAM Grant No. 13-DG-11052012-102 This Agreement is made and entered into by and between the Hawaii Department of Land and Natural Resources, Division of Forestry and Wildlife, as a component agency of the State of Hawaii, and the Hawaii County Fire Department, the Grantee. The Division is awarding the Grantee a Volunteer Fire Assistance Grant for the specifics listed below and the Grantee agrees to the following: 1) The effective date of this Agreement is July 1, 2013 and expires on December 31, 2014. 2) The Grant Award amount is $50,000. 3) The Grantee has one year and six months (1-1/2 years), as stated above in#1, to complete the project. 4) The grant shall be administered for training and the acquisition of equipment as specified under the Volunteer Fire Assistance program. Purchases that are incurred prior to the effective date of the Agreement are ineligible for reimbursement. 5) The Grantee promises and agrees to follow all the rules and regulations that govern the Volunteer Fire Assistance Program. 6) The Grantee promises and agrees to adhere to the Special Provisions included in this Agreement identified as Attachment 1. 7) Federal Funds: If this contract is payable in whole or in part from federal funds, the Grantee agrees, that as to the portion of the compensation under this Agreement to be payable from federal funds, the Grantee shall be paid only from such funds received from the federal government, and shall not be paid from other funds. Failure of the State to receive anticipated federal funds shall not be considered a breach of the State or an excuse for nonperformance by the Grantee. 8) Should there be any changes to the Agreement, the Grantee shall, in writing, request any changes no later than 30 days prior to the expiration of this Agreement. 9) The Grantee will submit a Sub-grantee Request for Payment Form No later than 30 days after the expiration of this Agreement, along with all supporting documents, receipts, etc. 2013 Volunteer Fire Assistance Program Agreement Page 2 of 3 10) If, for some reason, an extension is needed, the Grantee shall, in writing, request for an extension no later than 30 days prior to the expiration of the Agreement. 11) The Grantee promises and agrees that it will indemnify and hold harmless the Division and all of the Division's officers, agents and employees from any claim, action, damage, loss, liability or expense directly or indirectly caused by any act of the Grantee during the period of this Agreement. 12) This Agreement shall be governed by and construed in accordance with laws of the State of Hawaii. 13) This Agreement, when executed, embodies the entire agreement and understanding between the parties. The parties hereto have caused this Agreement to be executed as written above. State of Hawaii, DLNR, Division of Forestry and Wildlife By: Lisa J. Hadway, Administrator Date: Recommend Approval: By: Darren Rosario, Fire Chief Hawaii County Fire Dept. Date: 2013 Volunteer Fire Assistance Program Agreement Page 3 of 3 APPROVED AS TO FORM AND LEGALITY: APPROVAL: Deputy Corporation Counsel WILLIAM P. KENOI Mayor Date: Date: ATTACHMENT 1 Special Provisions (for Federal sub-recipients) 1. Identification of federal funding source. i. Federal Awarding Agency: USDA Forest Service ii. Federal Grant Name & Number: Cooperative Forestry Assistance 13-DG-11052012-102 iii. Federal Grant Period: 07/01/13 - 12/30/14 iv. CFDA Program Number: 10.664 2. Allowable Costs. The allowability of costs under this Contract shall be determined in accordance with a) the terms of this Contract as more specifically set forth in the Scope of Services and b) the federal cost principles applicable to the Contractor. Office of Management and Budget Circular (OMB) Circular A-21 shall apply to educational institutions and hospitals. OMG Circular A-87 shall apply to states and local governments. OMB Circular A-122 shall apply to other non-profit organizations. The Federal Acquisition Regulations (FAR) clauses at Subpart 31.2 shall apply to commercial organizations. 3. Records Maintenance; Access. Contractor shall maintain all fiscal records relating to this Contract in accordance with generally accepted accounting principles and applicable Office of Management and Budget Circulars. In addition, Contractor shall maintain any other records pertinent to this Contract in such a manner as to clearly document Contractor's performance. Contractor acknowledges and agrees that the State and their duly authorized representatives shall have access to such fiscal records and other books, papers, plans and writings of the Contractor that are pertinent to this Contract to perform examinations and make excerpts and transcripts. Contractor shall retain and keep accessible all such fiscal records, books, documents, papers, plans and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever is later. 4. Compliance with Applicable Law. Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Scope of Services under this Contract. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with: (i) Title VI of Civil Rights Act of 1964, as amended; (ii) Section 504 of the Rehabilitation Act of 1973, as amended; (iii) Title II of the Americans with Disabilities Act of 1990; (iv) Title IX of the Education Amendments of 1972; (v) Davis-Bacon Act; (vi) the Age Discrimination Act of 1975; (vii) all regulations and administrative rules established pursuant to the foregoing laws; and (viii) all other applicable requirements of federal state and civil rights and rehabilitation statutes, rules and regulations. S. Debarment and Suspension. The Contractor certifies that neither it nor its principals or officers are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. 6. Audits. The Contractor certifies that it complies with the requirements of Office of Management and Budget Circular A-133, Audits of States, Local Governments and nonprofit Organizations. If not previously provided, the Contractor agrees to provide within thirty (30) days of signing this Contract a copy of its latest compliance audit along with a corrective action plan, if appropriate, to the State. The Contractor further agrees to provide a copy of any audit report, audit response, and corrective action plan resulting from subsequent A-133 audit conducted during the term of this Contract. 7. Final Accounting Report. The Contractor shall submit a final accounting of all costs, including donated and other in-kind contributions, within 60 days of project completion. If equipment was acquired, a listing of equipment purchased must be included in the final accounting report Acknowledgment of compliance with the above provisions: Authorized Signature Please return a signed copy of this form to: Dept. of Land & Natural Resources Div. of Forestry & Wildlife Attn: Fire Management Officer 1151 Punchbowl St., Rm. 325 Honolulu, HI 96813