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HomeMy WebLinkAboutCOM 0228.016 2020-2022 Mitchell D. Roth Kazuo S. K. L. Todd Mayor �' u ,,tia,ldui' Fire Chief Lee E. Lord Eric H. Moller Managing Director a1• o p. Deputy Fire Chief qrOF'µaN o ntp of 'Watuari HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 DATE: July 20, 2021 TO: Maile Medeiros David, Council Chair and Council Members VIA: Kay Oshiro, Controller FROM: Kazuo Todd, Fire Chief RE: NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 21-38, Section 7(1) Name of Grant Program: Hapuna Beach Park MOA Grantor: State of Hawaii, Department of Land and Natural Resources County Grantee Department: Fire Department Grant No.: MOA#11 Amount of Grant: $895,505.00 Amount of County Match: $0 County Revenue & Expenditure Account Numbers: 010.3305.531010.221.5223.31 Grant Period (Commencement& Completion): 07/0112021 —0613012022 Purpose of Grant: Lifeguard services at Hapuna Beach State Recreation Area Is final report required by grantor? � Yes ❑No Notification attached: � Yes ❑No, because �pWq�� d Comm. No. V� Ref. To: �Reo� Ref. Mote Hawaii County is an Equal Opportunity Provider and Employer. SUZANNE D.CASE , p 4 CHAIRPERSON DAVID Y,IGE '�'' - �F'A BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAINA11I OOA1iJISSION ON WATER RESOURCE MANAGEMENT � I ROBERT K.MASUDA Land ancy nnax 4 ',: FIRST DEPUTY M,KALEO MANUEL I DEPUTY DIRECTOR-W,'ATER ' AC RESOURCES STATE OF HAWAII BOATING AND OCENRECREATION DEPARTMENT OF LAND AND NATURAL RESOURCES car.�,ISSIONONINATERROF ESOURCE CONVEYANCES Stare of Ha j9� CONSERVATION ARID COASTAL LANDS POST OFFICE BOX 621 NG NE CONSERVATION AND ORR SES ENFORCEMENT HONOLULU,HAWAII 56809 FORESTRY ANDVALDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND June 25, 2021 STATE PARKS Fire Chief Kazuo S.K,L. Todd Hawaii County Fire Department 25 Aupuni Street, Suite 2501 Hilo, Hawaii 96720 Dear Chief Todd: The purpose of this letter is to serve as the eleventh written amendment to the Memorandum of Agreement for Lifeguard Services (MOA) made and entered into on June 27, 2012, as amended on September 12, 2013, May 14, 2014, June 1, 2015, June 17, 2016, August 22, 2017, October 5, 2017, March 23, 2018, June 10, 2019, August 6, 2019, and July 20, 2020 between the State of Hawaii and the County of Hawaii for Hapuna Beach, Hapuna Beach State Recreation Area. The available funding is limited to 5895,505, subject to availability of fiends, to provide lifeguard services under the following conditions: I. This amendment will be for lifeguard services at Hapuna Beach, Hapuna Beach State Recreation Area, Island of Hawaii, from July 1, 2021 through June 30, 2022, provided that the parties may cancel the contract at any time with 30 days written notice. 2. Funding under this amendment can be used solely for Water Safety Officer positions until further discussion and concurrence. 3. The effective date of this amendment is July 1, 2021. 4. Funds to be transmitted to the County under this amendment shall total $895,505, subject to availability of funds, 5. The County will submit a quarterly report of rescues at Hapuna Beach with the quarterly invoice and financial statement indicating the staffing paid under the invoice for the quarter. Due to the availability of funds, it is important to submit the quarterly invoice and reports in a timely manner. I i i Fire Chief Todd Hapuna - Lifeguard MOA 11 th Amendment Page 2 6. All other terms and conditions of the MCA shall remain unchan-ed with the exceptions oC lanaua��e in Section C The foil«wing lan�uage is chaps ed 2. Scope of Services. During Fiscal Year 2022 from July 1, 20021 to June 30, 2022, the County shall provide lifeguard services at I-lapuna Beach State Recreation Area. The following language is deleted: In accordance with Act 170, Session Laws of Hawaii 2002, as amended by Act 152, Session Laws of Hawaii 2007, and Act 81, Session Laws of Hawaii 2009, "a county lifeguard, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of the lifeguard while providing rescue, resuscitative, or other lifeguard services on the beach or in the ocean in the scope of employment as a county lifeguard. This exception from liability, however, shall not apply when the claim for civil damages results from a county lifeguard's gross neglitaence or wanton act or omission." The following language is added: In accordance with Hawaii Revised Statutes Section 662-1, as amended, "Employees of the State-...includes persons employed by a County of this State as lifeguards and designated to provide lifeguard services at a designated State beach park under an agreement between the State and that County." Please sign and date below and return the original to us. If there are any questions, your staff may contact Mr. Curt A. Cottrell at (808) 587-0290. I Sincerely, 1__ SUZA-KNE D. CASE Chairperson Board of Land and Natural Resources I Fire Chief Todd Hapuna - Lifeguard MOA 11 to Amendment Page 3 APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY: DEPU19&FTOR ' GENERAL Deputy tin tinsel Office of the Attol trey General County o'�waii DateJi i------ Date_ ACKNOWLEDGED: ACKNOWLEDGED: COUNTY OF HAWAII COUNTY OF HAWAII S y y r` �Mitc, Roth, Mayor K'zuo L. Todd, Fire Chief County of Hawaii Hawaii County Fire Department County of Hawaii Date + � Date � / 7 ! -