HomeMy WebLinkAboutCOM 0234.001 2018-2020From the ofce of- cP.•; Office: (808)961-8396
Council Member Fax: (808)961-8912
District 3—Hilo and Puna yr 4k -'ter;* Email• sue.leeloy@hawaiicounty.gov
ryL.K. LEE LOYSUSAN
25 Aupuni Street Hilo,Hawaii 96720
V7
TO: Aaron S.Y. Chung, Chair 1R ,
and Members of - ai 1 County Council 017017-6
FROM:
1.1r, Amp
Sue Lee Loy, C e r
DATE: May 15, 2019
SUBJECT: Proposed Amendment to Bill No. 63; An Ordinance Amending Chapter 2, Article
25, Section 2-139, ofthe Hawai`i County Code 1983 (2016 Edition, as Amended),
Relating to the Procedure for Awarding Grants to Nonprofit Organizations.
Please find attached aro osed amendment to Bill No. 63. This amendment further increasesPP
the minimum amount of grants-in-aid to be awarded annually to nonprofit organizations.
The proposed amendment is illustrated below in Ramseyer format with respect to the contents of
Bill No. 63. Material to be deleted is bracketed and stricken; new material is underscored.
SECTION 1 of Bill No. 63 is amended to read as follows:
SECTION 1. Chapter 2, article 25, section 2-139, of the Hawaii County Code 1983
2016 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 the operating budget:
A) Annually,before November 30, the director shall, for the purpose of
soliciting applications, establish a sum of at least [$1,500,000] $2,500,000 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
Comm. No. a3m.
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Ref. Date 5`1A %
Hawai`i County Is an Equal Opportunity Provider and Employer
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 ofnonprofit 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,
event, activity, service, equipment, materials, or supplies for which the grant
shall be used.
B) 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.
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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."
A draft copy of the draft 2 of this bill that would result if these proposed amendments are
adopted is attached.
SL/ps
Att.
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AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25, SECTION 2-139, OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO THE
PROCEDURE FOR AWARDING GRANTS 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
2016 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 the operating budget:
A) Annually, before November 30,the director shall, for the purpose of
soliciting applications, establish a sum of at least [$4700{4-00] $2,500,000 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,
event, activity, service, equipment, materials, or supplies for which the grant
shall be used.
B) 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 ofthe 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.
SECTION 2. 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 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications ofthe ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect July 1, 2019.
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