HomeMy WebLinkAboutCOM 0228.017 2020-2022 i
Mitchell D. Roth 400'` °F"4wq Kazuo S. K. L. Tadd
Mayor %. leu' Fire Clue
Lee E. Lord Eric H. Moller
Managing Director r}�r »Trijp Deputy Fire Chief
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HAWAII FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96724
(808)932-2900•Fax(808)932-2928
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DATE: July 20, 2021
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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: Maniniowali at Kua Bay, Kekaha Kai State Park MOA
Grantor: State of Hawaii, Department of Land and Natural
Resources
County Grantee Department: Fire Department
Grant No.: MOA#2
Amount of Grant: $480,000.00
Amount of County Match: $0
County Revenue & Expenditure Account Numbers: 010.3305.53/010.221.5223.31
Grant Period (Commencement & Completion): 07/01/2021 — 06/30/2022
Purpose of Grant: Lifeguard services at Maniniowali at Kua Bay, Kekaha Kai
State Park
Is final report required by grantor? Yes ❑ No
Notification attached: F1 Yes ❑ No, because
Comm. Pio.
Ref. To: IDRef. gate AUG a 2 2021
Hawaii County is an Equal Opporhmihj Provider and Employer,
N, SUZANNE D.CASE
DAVID Y.IGE _ `� less y�=, CH;:IRRERSON
GOVERNOR OF HAWAII BOARD OF INE AND NATURAL RESOURCES
COMMISSION Cv INATEA RESOURCE MANAGEMENT
o�tand and Nat ROBERT K.MASUDA
FIRST CEPUTY
M.KALEO MANUEL
DEPUTY DIRECTOR-Y:'A.TER
AQUATIC RESOURCES
TING AND OCEPN RECREATION
STATE OF HAWAIIBOA
OF CONVEYANCES
Slate of Havlal DEPARTMENT OF LAND AND NATURAL RESOURCES COKOASSION ON WATER RESOURCE MANAGEMENT
CONSERVATION ANO COASTAL.LANDS
POST OFFICE BOX 621 CONSERVATION AND RESOURCES ENFORCEhENT
ENGINEERING
HONOLULU,HAWAII 96849 FCIRESTRVANDA'11-OLIFE
HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE CODAIAISSIQN
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 second written amendment to the
Memorandum of Agreement for Lifeguard Services (MGA) made and entered on August 6,
2019, amended November 30, 2020 between the State of Hawaii and the County of Hawaii for
Maniniowali at Kua Bay, Kekaha Kai State Park pursuant to Act 113, SLH2O19.
The available funding is limited to 5480,000, subject to availability of hinds, to provide
lifeguard services under the following conditions:
1. This amendment will be for lifeguard services at Maniniowali at Kua Bay,
Kekaha Kai State Park, 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 $480,000,
subject to availability oflunds.
5. The County will submit a quarterly report of rescues at Kua Bay 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.
Fire Chief Todd
Kua Bay Lifeguard MOA
2nd Amendment
Page 2
6. All other terms and conditions of the MOA shall remain unchanged with the
exce)tions oflanfniage in Section C The followinff language is changed-
2. Scope of Services. During Fiscal Year 2022 froni July 1, 2021 to
June 30, 2022, the County of Hawaii shall provide lifeguard services
for Maniniowali at Kua Bay, Kekaha Kai State Park.
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 darnages resulting froze 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 life(I-uard. This exception from liability,
however, shall not apply when the claim for civil damages results from a county
lifeguard's gross negligence or wanton act or omission."
The following lan(mau 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 Iifeguards 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 z'd= the original to us. If there are any questions,
contact Mr. Curt A. Cottrell at(808) 587-0290.
Sincerely,
SUZAiNNE D. CASE
Chairperson
Board of Land and Natural Resources
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Fire Chief Todd
Kua Bay Lifeguard MOA
2nd Amendment
Page 3
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGALITY:
DEPU Y A TO EY GENERAL Dep o ora on ou sel
Office of the Attorney General CouHawaii
Date ug,-31) _ Date
ACKNOWLEDGED: ACKNOWLEDGED:
COUNTY OF HAWAII COUNTY OF HAWAII
By By
Mitch Roth, Mayor I';aA L. Todd, Fire Chief
County of Hawaii Hawaii County Fire Department
! County of Hawaii
Date 1 l Date —7/7/-2- 1