HomeMy WebLinkAboutCOM 0543.000 2014-2016 William P. Kenoi or<Vr4`h ;,�. Deanna S. Sako
Mayor � '� Director
,�. Lisa K. Miura
Deputy Director
•
oF
County of Hawaii
Finance Department
25 Aupuni Street,Suite 2103 • Hilo,Hawai`i 96720
(808)961-8234 • Fax(808)961-8569 n
October 29, 2015
Dru Kanuha, Council Chair and
Members of the Hawai`i County Council
Hawai`i County Council _
25 Aupuni Street
Hilo, Hawai`i 96720
Re: Agreement to provide funds to the Anekona Ouli Kanehoa VFD Company
Ouli Ekahi Housing and the Ouli Self Help Housing have experienced multiple near-miss
situations in recent years, where wildfires posed an imminent and immediate threat to the
senior residents of these units, as well as the surrounding area. The Hawai`i Fire
Department wishes to provide $40,000 to the Anekona Ouli Kanehoa VFD (AOK)
Company, a 501(c)3 nonprofit organization. These funds will be used by the AOK
Company towards the development and implementation of a volunteer fire station in
Kamuela, Hawai`i.
Enclosed is a resolution authorizing the Hawai`i Fire Department to provide $40,000 to
the Anekona Ouli Kanehoa VFD (AOK) Company, pursuant to Hawai`i County Code
(2005 Edition as amended) Chapter 2, Article 25, Section 2-139(a)(3)(A). If there are
any questions, please do not hesitate to call Melanio Lorenzo, of the Hawai`i Fire
Department at 932-2921.
Deanna S. Sako
Director of Finance
Enc.
cc: Fire
<Res. BAR"1c5> Comm. No. S (J _
Ref. To: Calk-CW/f-C.I
Ref. Date OCT 3 0 2015
Hawaii County is an Equal Opportunity Employer and Provider
Form #: B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Fire Department DATE: 10/21/2015
STAFF CONTACT: Melanio Lorenzo PHONE: 932-2921
A. REQUEST:
Pursuant to the Hawaii County Code (2005 Edition as arrrmended), Chapter 2, Article 25, Section 2-
149(a)(3)(A), the Hawaii County Fire Department requests Council approval to award $40,000 to Anekona
Ouli Kanehoa VFD Co. (AOK), a 501(c)3 organization, to develop a volunteer fire station in Kamuela,
Hawaii.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
Ouli Ekahi Housing and the Ouli Self Help Housing have experienced multiple near-miss situations in recent
years, where wildfires posed an imminent and immediate threat to the senior residents of these units as well
as the surrounding area. This agreement and $40,000 would be applied towards the development and
implemetation of a Volunteer Fire Station, which would be a direct benefit to Ouli Ekahi Housing and Ouli
Self Help Housing which are in the immediate vicinity.
OCT 2 1 2015
SIGNED: DATE:
Department Head
COUNTY OF HAWAI'I
GRANT AGREEMENT
THIS GRANT AGREEMENT (hereinafter referred to as "Agreement") made and
entered into this day of ,by and between the COUNTY OF
HAWAII,a municipal corporation of the State of Hawai'i,with its principal place of business
at 25 Aupuni Street, Hilo, Hawai'i 96720 (hereinafter referred to as the "County") and
ANEKONA OULI KANEHOA VFD COMPANY, a 501(c)(3) non-profit organization, whose
mailing address is P.O. Box 7121, Kamuela, Hawai'i 96743 (hereinafter referred to as
"Grantee").
WITNESSETH:
WHEREAS,pursuant to Resolution No. ,adopted in accordance with Chapter 2,
Article 25, Section 2-139(a)(3)(A), Hawai'i County Code 1983 (2005 Edition, as amended)
(hereinafter referred to as "HCC"), a grant in the amount of FORTY THOUSAND AND
NO/100 DOLLARS ($40,000) was authorized to be made to the Grantee; and
WHEREAS,said funds shall be utilized as a grant made pursuant to Chapter 2,Article
25,Section 2-139(a)(3)(A),HCC and is subject to Chapter 2,Article 25,Section 2-135 through
2-142.1, HCC.
NOW,THEREFORE,the County and Grantee,in consideration of the mutual promises
hereinafter set forth,hereby agree as follows:
1. PROGRAM. The County will provide Grantee the amount of FORTY
THOUSAND AND NO/100 DOLLARS ($40,000) (hereinafter "Grant Funds") for use by
Grantee to fulfill the purpose and provide the services as more specifically described in
Exhibit "A" attached hereto which is hereby incorporated by reference and made a part
hereof.
2. FUNDING. The Grantee hereby acknowledges and agrees that the County's
total contribution to Grantee shall not exceed FORTY THOUSAND AND NO/100 DOLLARS
($40,000),which will be held in a restricted fund account by the Grantee.
3. METHOD OF PAYMENT. Payment shall be made available to Grantee upon
execution of this Agreement by all parties and upon receipt of appropriate tax clearances and
conflict of interest disclosure.
4. TAX CLEARANCE. Grantee shall provide proof of compliance with Hawaii
State Tax and Internal Revenue Service laws from Hawaii Compliance Express, in
1
accordance with Hawai'i Revised Statutes Section 103-53, before payment can be made by
the County to the Grantee.
5. TERM. The term of this Agreement shall commence as of the effective date of
this Agreement and continue to June 30, 2016, unless this Agreement is terminated sooner
as hereinafter provided.
6. GRANTEE REPRESENTATIONS AND WARRANTIES. [Ref. HCC §§2-137;
2-138; 2-139]. Grantee represents and warrants to the County as follows:
a. Grantee is chartered or otherwise authorized to do business in the
State of Hawai'i for charitable purposes and exempted from the Federal income tax by the
Internal Revenue Service.
b. The purpose for which Grantee is organized provides benefits to the
people of the County.
c. The service or activity to be provided by Grantee, and funded by the
County,shall address education concerns,culture and the arts,the needs of the poor,youth,
the aged,those with physical or emotional disabilities,victims of crimes,victims of health or
social crises,or public health and welfare of the people and the environment.
d. Grantee has a governing board whose members serve without
compensation and have no conflict of interest between their regular occupations and the
services provided by Grantee.
e. Grantee has bylaws or policies which describe the manner in which
business is conducted, including management, audit and fiscal policies and procedures,
policies on nepotism,and policies on management of potential conflict of interest.
f. Grantee has at least one year's experience with the service or activity
for which the appropriation is sought or can otherwise demonstrate to the satisfaction of the
County sufficient expertise to successfully carry out the service or activity.
g. Grantee must be licensed and accredited in accordance with applicable
requirements of Federal,State and County laws.
h. Grantee employs and appoints persons on the basis of merit and ability.
i. Grantee complies with applicable Federal and State laws prohibiting
discrimination against any person on the basis of race,color,national origin,religion, creed,
sex, age, or handicap.
j. Grantee agrees not to use any public funds for purposes of
entertainment or perquisites.
2
k. Grantee agrees to allow the County's designate,which may include the
finance director,committees of the council and their staffs,and the legislative auditor,access
to records, reports, files, and other related documents in order that the program,
management, and fiscal practices of the nonprofit organization may be monitored and
evaluated to assure the proper and effective expenditure of public funds for this program.
7. CONFLICT OF INTEREST. Prior to receiving payment, Grantee shall submit a
disclosure form which lists any board member, officer, director or administrator that may
have a conflict of interest or potential conflict of interest,including any familial relationship
with any of the following:
a. A member or members of the council;
b. Staff appointed by a member of the council;
c. The mayor;
d. The managing director;
e. The director of finance; or
f. The corporation counsel,the assistant corporation counsel,or a
deputy corporation counsel.
The disclosure form shall specify any and all mitigation measures to avoid,in fact or
appearance,any conflict of interest.
8. MODIFICATIONS OF AGREEMENT. Any modifications must be made in
writing, agreed upon by both parties, and must have the approval of the Hawaii County
Council. All modifications requested by Grantee shall be in writing.
9. DELAY IN PERFORMANCE OF CONTRACT. If any delay in the performance
under this Agreement occurs as a result of unforeseeable causes beyond the control and
without the fault or negligence of Grantee,including but not limited to acts of God,acts of the
public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
unusually severe weather, or delays of subcontractors or suppliers arising from
unforeseeable causes beyond the control and without the fault or negligence of both Grantee
and such subcontractors or suppliers,then Grantee may be granted an extension of the time
for performance corresponding to the delay. No extension of time,however,shall be granted
unless a written application therefore stating in detail the cause or causes of delay is filed by
Grantee with the Hawaii County Council within ten (10) calendar days after the
commencement of the delay. No extension of time shall be deemed a waiver of the right of
the County to require the completion of the services under this Agreement within the time
3
required herein as so extended by the specific terms of such extension, nor a waiver of right
to terminate this Agreement for any other or additional delay not covered by the specific
terms of such extension.
10. RECORDS, REPORTING, RIGHT TO AUDIT AND FISCAL ACCOUNTABILITY
REQUIREMENTS AND PENALTIES. [Ref. HCC§2-142].
a. Grantee shall follow generally accepted accounting procedures and
practices and shall maintain books,record,documents,and other evidence which sufficiently
and properly account of the expenditure of County funds.
b. The County expending agency, director of finance, or Hawai'i County
Council may request periodic written reports on the use of County funds.
c. The Legislative Auditor of the County of Hawai'i, and any of their
authorized representatives, shall have the right of access to any of Grantee's officers or
employees and facilities or place of business, and any book, document, paper, file, and
financial, performance and compliance records or any other record, whether electronically
or physically kept, that is related to the performance of services or operations under this
Agreement in order to conduct an audit or other examination and/or to observe processes,
and/or make copies, excerpts, or transcripts for the purposes of monitoring and evaluating
Grantee's compliance with the terms of this Agreement,and to verify all costs associated with
any claims made under this Agreement.
d. In addition to any other remedy provided by law,if Grantee is required
to but fails to submit a written report, the County shall require Grantee to return all grant
funds awarded and deem Grantee ineligible to receive future grant awards for at least the
following fiscal year,and for all subsequent fiscal years until such time as that written report
is submitted to,and accepted by the Hawai'i County Council.
11. RIGHT OF THE COUNTY TO TERMINATE. The County shall have the right to
suspend performance under this Agreement or terminate this Agreement in whole or in part
at any time by written notice to Grantee.
12. TERMINATION DUE TO ORGANIZATION'S DEFAULT. The County shall have
the right to terminate this Agreement if Grantee:
a. Fails to begin work under this Agreement at the required times;
b. Unnecessarily delays the performance of this Agreement or any part
thereof;
c. Fails to perform this Agreement in accordance with specified times;
4
d. Fails to perform this Agreement in accordance with directions from the
Hawai'i Fire Department;
e. Discontinues performance of this Agreement;
f. Becomes insolvent or is declared bankrupt or commits any act of
bankruptcy or insolvency;
g. Fails to pay for all labor,tools,material and/or equipment; or
h. Violates or fails to comply with any of the terms, covenants and
conditions of this Agreement.
13. AUTHORITY TO WITHHOLD MONEY DUE OR PAYABLE. The County may
withhold such amounts from the money due or to become payable under this Agreement to
Grantee as may be necessary to protect the County against liability or to satisfy the
obligations of Grantee to the County.
14. RETURN OF GRANT BALANCE. In the event Grantee is unable or unwilling to
provide the public service for which the grant is appropriated, the Finance Director may
direct the return of the full grant amount or balance of the unexpended funds.
15. INDEMNITY. Grantee shall perform this Agreement as an independent
contractor and shall indemnify and save the County and its officers and employees harmless
from any and all deaths,injuries,losses and damages to persons or property,and any and all
claims, demands, suits, action and liability therefore, caused by error, omissions or
negligence in the performance of this Agreement by Grantee,agents and/or employees.
16. AUTHORITY OF THE COUNTY. The Hawai'i Fire Department shall decide any
question or dispute concerning any provision of this Agreement,which may arise during its
performance. The Hawai'i Fire Department's decision shall be final and binding upon all
parties unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as
necessary to imply bad faith or is not supported by substantial evidence, provided that
nothing herein shall be construed as making final and binding any decision of the Hawai'i
Fire Department on a question of law. Pending final decision of any dispute or question,
Grantee shall proceed diligently with the performance under this Agreement in accordance
with the decision of the Hawaii Fire Department.
17. LAWS AND REGULATIONS. Grantee shall be responsible for being fully
informed of all state and federal laws,ordinances,codes,rules and regulations,which in any
manner may affect this Agreement and the performance thereof, including but not limited
to:
5
a. All sections of the Hawai'i County Charter and Hawaii County Code;
b. Chapter 378, Hawai'i Revised Statutes,as amended, relating to fair
employment practices;
c. Chapter 489, Hawai'i Revised Statutes,as amended, relating to
discrimination in public accommodations;
d. Chapter 396, Hawai'i Revised Statutes, as amended, relating to
occupational safety and health;
e. Chapter 386, Hawai'i Revised Statutes, as amended, relating to
workers' compensation law; and
f. Nondiscrimination Clause: Pursuant to Executive Order No. 142,
County of Hawai'i, dated February 11, 2005, and amended on April 13, 2007, during the
performance of this contract, Grantee agrees as follows:
i. Grantee shall comply with all requirements set forth in Federal
and State laws and regulations relative to Title VI of the Civil Rights Act of 1964,as amended,
which provide for non-discrimination in federally assisted programs.
ii. Grantee shall not discriminate against any employee or
applicant for employment because of sex,pregnancy,race,ancestry/national origin,religion,
color, disability, age, marital status, military status, veteran's status, sexual orientation,
lactation, arrest and court record, citizenship, or any other classification protected by state
or federal law. Grantee shall assure that applicants are employed and that employees are
treated during employment without regard to sex,pregnancy,race,ancestry/national origin,
religion, color, disability, age, marital status, military status, veteran's status, sexual
orientation, lactation, arrest and court record, citizenship, or any other classification
protected by state or federal law. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;layoff or termination;rates of pay or other forms of compensation;and selection
for training. Grantee agrees to post in conspicuous places notices to be provided by the
contracting officer setting forth the provisions of the nondiscrimination clause.
iii. Grantee shall, in all solicitations or advertisements for
employees placed by or on behalf of Grantee, state that all qualified applicants shall receive
consideration for employment without regard to sex, pregnancy, race, ancestry/national
origin, religion, color, disability, age, marital status, military status, veteran's status, sexual
6
orientation, lactation, arrest and court record, citizenship, or any other classification
protected by state or federal law.
iv. In the event of Grantee's noncompliance with the
nondiscrimination clauses of this contract, this contract may be canceled or suspended in
whole or in part and Grantee may be declared ineligible for further County contracts until
such time that Grantee by satisfactory evidence, in good faith, ceases such discriminatory
practices or procedures.
v. If Grantee subcontracts any portion of the contract it shall
assure the County that such subcontractor shall abide by the nondiscrimination provisions
stated herein and agrees that any subcontractor who is found in violation of such provisions
shall subject the principal contractor's contract with the County to be terminated or
suspended pursuant to Section iv. above.
vi. The County may direct any bidder, prospective contractor or
subcontractor to submit a statement in writing signed by an authorized officer, agent, or
employee of the contracting party that the signer's practices and policies do not discriminate
on the grounds of sex, pregnancy, race, ancestry/national origin, religion, color, disability,
age, marital status, military status,veteran's status, sexual orientation, lactation, arrest and
court record, citizenship, or any other classification protected by state or federal law, and
that the terms and conditions of employment under the proposed contract shall be in
accordance with the purposes and Organization shall comply with all such present state and
federal laws, ordinances, codes, rules and regulations, and all amendments thereto. If any
discrepancy or inconsistency is discovered between this Agreement and any such law,
ordinance,code,rule or regulation,the Contractor shall forthwith report the same in writing
to the County's Director of Human Resources.
18. REMEDIES NOT EXCLUSIVE. The express provision herein of certain
measures that may be exercised by the County for its protection shall not be construed to
preclude the County from exercising any other or further legal or equitable right to protect
its interests.
19. FORUM SELECTION. No action or proceeding involving this Agreement shall
be commenced by either party except in the Circuit or District Courts of the Third Circuit,
County of Hawaii,State of Hawaii,and no action commenced in such court shall be removed
or transferred to any other state or federal court.
7
20. CONTROLLING LAW. This Agreement is to be governed by the laws of the
State of Hawai'i.
21. HEADINGS. Article and paragraph headings are inserted for convenience
only and do not constitute parts of this Agreement.
22. CODE OF ETHICS. It is mutually agreed that as a condition of this
Agreement, Grantee shall not employ either on a part-time or on a full-time basis, an
employee of the County of Hawaii in the performance of any of the work required or
contemplated by this Agreement, without receiving an opinion by the Board of Ethics that
such employment does not violate the County's Code of Ethics.
a. No officer, member or employee of the County who exercises any
function or responsibilities in connection with this project,shall:
i. Participate in any decision relating to this Agreement which
affects his personal interests or the interests of any corporation,partnership, or association
in which he is directly or indirectly interested; or
ii. Have any interest, direct or indirect, in this Agreement or the
proceeds thereof.
iii. Grantee agrees that as a condition of this Agreement, it shall
report any possible ethical violation by any employee in connection with this Agreement or
the administration thereof.
23. ORGANIZATION'S FAILURE TO COMPLY WITH ALL REQUIREMENTS OF
CONTRACTUAL CONDITIONS. Grantee's failure to comply with any and all of the conditions
of this Agreement may result in the denial or rejection of future funding to Grantee from the
County.
24. CONSTRUCTION OF CONTRACT. The masculine shall be deemed to embrace
and include the feminine and the singular shall be deemed to embrace and include the plural
whenever required in the context of this Agreement.
25. EXEMPTION. This Grant Agreement is exempt from Chapter 103D, Hawai'i
Revised Statutes pursuant to 103D-102(b)(2)(A).
8
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective
as of the date first above written.
COUNTY OF HAWAII RECOMMEND APPROVAL:
By: William P. Kenoi Darren Rosario, Fire Chief
Its: Mayor Hawai`i Fire Department
ANEKONA OULI KANEHOA VFD COMPANY APPROVE AS TO FORM
AND LEGALITY:
By: Guido Giacometti
Its: President
Deputy Corporation Counsel
Date:
9
KAREN EOFF o+`• .-`". . AARON S.Y. CHUNG
Chairperson .P-`=^ �W%¢, MAILE"MEDEIROS"DAVID
. �• �' dw
��%%;. GREGGOR ILAGAN
VALERIE T. POINDEXTER _ '~ £ ' DRU MAMO KANUHA
Vice Chair h`• ' ► DENNIS"FRESH"ONISHI
,rE Of-M►•� DANNY PALEKA
MARGARET WILLE
HAWAI`I COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
October 30, 2015
Dru Mamo Kanuha, Chairperson
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i 96720
RE: Resolution No. 329-15 : RESOLUTION AUTHORIZING THE HAWAI`I FIRE
DEPARTMENT TO AWARD FUNDS TO THE ANEKONA OULI KANEHOA VFD
COMPANY.
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawai`i, this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Finance to the full Council for immediate action. In reviewing
this matter, timely approval is crucial. It is therefore advantageous that approval is granted and
the matter be placed onto the next Council agenda for review. However, in the event this request
is denied, for whatever reason, I understand the matter shall be referred to the Committee on
Finance for placement on its future agenda.
Sincerely,
,Karen Eoff, Chairperson
Committee on Finance
(Approvee Date/Waive to Council: Disapproved/Date/Refer to FC:
d '../ //5
Dru MamoKanu a, Chairperson Dru Mamo Kanuha, Chairperson
Hawai`i County Council Hawai`i County Council
KE/wb
Hawai`i County is an Equal Opportunity Provider and Employer