COM 0720.000 1996-1998 - Laserfiche WebLink

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MEMORANDUM OF AGREEMENT FOR THE STATEWIDE WASTEWATER TREATMENT WORKS OPERATOR TRAINING FACILITY THIS AGREEMENT, made and entered into as of this day of 19_, by and between the DEPARTMENT OF HEALTH, STATE OF HAWAII, hereinafter referred to as the "DEPARTMENT," and COUNTY OF HAWAII hereinafter referred to as the "COUNTY," WITNESSES THAT: WHEREAS, approximately 5500 million of federal, state and county funds have been expended during the past fifteen (15) years to construct wastewater treatment works; WHEREAS, the importance and need for competent wastewater treatment plant operators is essential in order to realize public health and water quality objectives as well as to maximize the benefits of the investment of public funds; WHEREAS, pursuant to Section 3408-3, Hawaii Revised Statutes, the DEPARTMENT is authorized to issue certificates entitling qualified individuals to operate wastewater treatment plants; WHEREAS, the success of the Hawaii Law for Mandatory Certification of Operating Personnel in wastewater treatment plants depends heavily on the implementation of a statewide training center; WHEREAS, pursuant to Section 1091b) of Public Law 95-277, the U.S. Environmental Protection Agency awarded a grant of 5500,000 to the DEPARTMENT to establish a facility to train and update wastewater treatment works operation and maintenance personnel on a statewide basis; WHEREAS, pursuant to Section 44, Act 216, 1987 Hawaii Session Laws, the Legislature of the State of Hawaii appropriated funds to the DEPARTMENT to administer the statewide wastewater treatment operator training facility only on the condition that the COUNTY also provides a share of nonstate funds for the operating costs of the facility; and WHEREAS, the DEPARTMENT desires to obtain the required funding and participation to operate and maintain the statewide wastewater treatment operator training facility and the COUNTY is ready, willing, and able to provide such funding and participation; NOW, THEREFORE, the parties hereto mutually agree, subject to and in accordance with the terms and conditions as stated, as follows: 1 . Organization: The COUNTY shall provide a representative to the Board of Directors. The Board of Directors shall be made up of one (1) representative from each county of the State of Hawaii and one (1) representative from the DEPARTMENT. Each member shall have one (1) vote. Except for the provisions of paragraph 4.C., three (31 votes shall be required for any final action of the Board of Directors. Final action of the Board of Directors shall be required for any action to be considered by the DEPARTMENT and no individual action of one county shall bind or be construed to bind the Board of Directors. The DEPARTMENT'S representative shall serve as contact for the Board of Directors and shall be responsible for arranging for the time and place of the Board of Directors' meetings.