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HomeMy WebLinkAboutOrdinance 07-052COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII 07 52 BILL NO. 50 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25, SECTION 2 -139 AND SECTION 2 -140 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), AS AMENDED, ADMINISTRATION, RELATING TO APPROPRIATION OF FUNDS TO NONPROFIT ORGANIZATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Purpose. The purpose of this ordinance is to clarify grants to nonprofit organizations and clarify disbursement of these funds in compliance with Chapter 103D of the Hawaii Revised Statutes Procurement Code. SECTION 2. Chapter 2, article 25, section 2 -139 of the Hawaii County Code 1983 (2005 Edition), is amended to read as follows: Section 2 -139. Procedure for awarding grants. (a) All grants made to a nonprofit organization by the County shall be made in accordance with one of the following procedures: (1) Grants -in -Aid: (A)[(4 -)] Annually, before November 30, the director shall, for the purpose of soliciting applications, establish a sum of at least $900,000 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 of Hawaii by November 30. (B)[(2)] 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 the County Code may be rejected. (C)[(-5)] The director shall submit to the council all qualifying applications 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)[(4)] Upon favorable action by the council to appropriate funds for the grant, the director shall notify agencies of their funding or lack thereof by July 31 and award the grant in compliance with this article. (2) Grants From District Contingency Relief: (A) Appropriations from the District Contingency Relief grants shall be transferred to an accepting County deyartment/agency via resolution identifying the nonprofit organization and the specific program, project, or event for which the grant shall be used. (B) All purchases of equipment for organizations must follow procurement law and be domiciled in the County departments. Equipment, supplies, and products are the property of the County. (3) Other Grants: (A) Grants in excess of $25,000 to nonprofit organizations shall specifically identify the organization receiving the grant and the purpose for which the grant shall be used in an ordinance or resolution. (B) Grants in excess of $25,000 to organizations that do not qualify as nonprofit organizations shall specifically identify the purpose for which the grant shall be used in an ordinance or resolution and be subject to competition in compliance with Chapter 103D of the Hawaii Revised Statutes. (C) Grants 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 grants shall not be limited to nonprofit organizations but shall specifically identify the organization and program, project or event for which the grant 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 a grant was appropriated, the following procedures shall apply: (1) For grants -in -aid, 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 grantee nonprofit 2 organization. (2) For grants from the District Contingency Relief, the council may direct the return of the full appropriation or the balance of unexpended funds. (3) For other grants, the finance director may direct the return of the full grant amount or balance of the unexpended funds. SECTION 3. Chapter 2, article 25, section 2 -140 of the Hawaii County Code 1983 (2005 Edition) is amended to read as follows: Section 2 -140. Procedure for awarding purchase of service agreements. All purchase of services made to a nonprofit organization by this County shall be made in accordance with the following procedures: (1) For purchases of services made pursuant to section 2- 139(a)(1): (A)[(1)] Annually, before November 30, the director shall, for the purpose of soliciting applications, publish a notice soliciting applications in two newspapers of general circulation within the County of Hawaii by November 30. (B)[(�)] All applications for purchase of services 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 the County Code may be rejected. (C)[(3)] The director shall submit to the council all qualifying applications for its review and appropriation of funds. Site visitations of nonprofit organizations submitting complete applications shall be conducted after January 31 but prior to final action on the operating budget by the council. These site visitations shall be conducted in a manner that allows flexible councilmember participation and designated staff support. (1)[(4)] Upon favorable action by the council to appropriate funds for the purchase of service, the director shall prepare a contract with the nonprofit organization for the purpose of the purchase of service award 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 purchase of service. Agencies shall be notified by the director of their funding or lack thereof by July 31. (22) For purchases of services made pursuant to section 2- 139(a)(2): (A) At any time during the year, pursuant to resolution, the council may direct that a portion or all of a councilmember's district contingency relief may be used by a designated non - profit organization. (B) A contract shall be prepared with the nonprofit organization for the purpose of the purchase of service or good which shall meet 3 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 purchase of service or good. SECTION 4. 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 5. 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 6. This ordinance shall take effect upon its approval. INTRODUCED BY: 46z� A42;��l 0-21:.�10 7 COUNCI EMBER, COUNTY OF AW `I Hilo, Hawaii Date of Introduction: March 9, 2007 Date of 1st Reading: March 9, 2007 Date of 2nd Reading: March 21, 2007 Effective Date: April 4, 2007 REFERENCE: Comm: 174 rd OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Emily Naeole Date Introduced: March 9, 2007 First Reading: March 9, 2007 Published: March 17, 2007 REMARKS: Second Reading: March 21, 2007 To Mayor: March 28, 2007 Returned: April 4, 2007 Effective: April 4, 2007 Published: April 23, 2007 REMARKS: 1 DO HEREBY CERTIFY that the foregoing BILL was indicated above. APPROVED AS TO FORM AND LEGALI DEPUTY gOPPORATION COUNSEL COUNTY 'OF HAWAII Date pprove Disapproved this day of en 20 J C'O 4R, i),Y<0FHAWAI7 ROLL CALL VOTE LA Eff ]!&E BS EX Ford X Higa Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 COUNCIL - (COUNTY CLERK i published as I 50 Reference: C- 174 /HSEDC -1 Ord No.: 07 52