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Home My WebLink AboutCOM 0327.003 2020-2022 �v Of Mitchell A Roth Ramzi I.Mansour Mayor Director Lee Lord Brenda lokepa-Moses Managing Director Deputy Director County of Hawal't i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Keldiando'a Street, Suite 41 - Hilo,Hawaii 96720 - cohdem@hawaiicounty.gov Ph: (808)961-8083 - Fax: (808)961-8086 November 15, 2021 MEMORANDUM C=C:) C: TO: Maile David, Council Chair and Members of the Hawaii County Council cr� FROM: Ramzi I. Mansour, Director--� Department of Environmental Management RE: Resolution No. 167-21: Resolution authorizing the Office of the Mayor to enter into an agreement with the Department of Hawaiian Home Lands A copy of the memorandum of agreement between the County and the Department of Hawaiian Home Lands is attached. Please distribute this for the November 18, 2021, meeting of the Hawaii County Council. RM/ps Att. comm. Ref.To: County of Hawaii is an Equal Opportunity Provider and Employer Ref. Date NOY 1 -8 202 MEMORANDUM OF AGREEMENT By and Between COUNTY OF HAWAII And DEPARTMENT OF HAWAIIAN HOME LANDS This Memorandum of Agreement(MOA), dated , is made and entered into by and between the County of Hawaii(COH), a municipal corporation of the State of Hawaii,whose business address is 25 Aununi Street. Hilo, HI 96720 and the Department of Hawaiian Home Lands(DHHL), an executive agency of the State of Hawai'i,whose business address is 91-5420 Kapolei Parkway, Kapolei. HI 96707. RECITALS WHEREAS, the COH Department of Environmental Management CDEM"), has procured a vendor for the purpose of removing vehicles and tires; WHEREAS,the COH and the DHHL have agreed to collaborate on removing abandoned vehicles from various lots located on certain DHHL properties as described in the vendor Contract attached and incorporated herein as Exhibit"A"and this MOA; WHEREAS, by the authority of the Mayor of the County of Hawai'i or Mayor's Designee,the COH and DHHL desire to enter into an intergovernmental agreement; In consideration of the foregoing,the COH and the DHHL agree to the following terms and conditions: 1. Purpose The purpose of this MOA is to establish a collaborative partnership between the COH and the DHHL, and to set forth the responsibilities of the COH and the DHHL regarding the removal of abandoned and derelict vehicles within certain DHHL properties on the island of Hawaii. 2. The DHHL Role and Responsibilities The DHHL will provide goods and services relating specifically to the transport of abandoned vehicles from inaccessible terrain on DHHL property to an agreed-upon location which meets the vendor's requirements for towing services. The DHHL shall provide the following: A. Location and Site Conditions 1 1. The DHHL will procure a vendor to transport abandoned vehicles to agreed-upon locations for delivery of said abandoned vehicles to the COH-DEM vendor for further transport per Contract requirements as needed. 2. The DHHL shall abide by all Hawai'i Occupational Safety and Health guidelines as incorporated by reference. A copy of such guidelines is on file with the COH and the DHHL. 3 The DHHL will provide compensation to the COH Department of Environmental Management, Solid Waste Division per the terms of the vendor Contract(see Exhibit"A"). Relating to the DHHL properties in Keaukaha and King's Landing, District of South Hilo, and Maku'u, District of Puna: I. DHHL will be responsible for the cost of installation, monitoring, and repairs to any signs, gates, or locks purchased for this purpose. ii. COH will be responsible for continuing to provide all applicable County services to this area including but not limited to emergency services and enforcement of violations of criminal law as needed. iii. As requested by the COH Solid Waste Division,the gates or locks will be secured with a combination lock. iv. DHHL will distribute the lock's combination code or keys to COH departments including, but not limited to, Police, Fire, Emergency Medical Services, and Solid Waste Divisions. v. COH may distribute the lock's combination code or keys to the COH vendor assisting in operations related to the removal of abandoned vehicles and tires from the subject area. vi. DHHL shall move vehicles from its lots located adjacent to County accessible roads or streets to allow for easier removal of the vehicles by the towing vendor. DHHL must park the vehicles in a manner that shall allow all COH emergency services to access the entire road as well as all DHHL lots. vii. DHHL shall be responsible for notifying all DHHL Lessees of lots utilized for storage to avoid any road closure. viii. DHHL shall be responsible for allowing any DHHL Lessee of an adjacent lot to access his/her lot if requested. ix. DHHL shall be responsible for loose items or household debris to ensure vehicles can be towed in a safe manner. B. Eauioment Maintenance and Storage 1. The DHHL shall provide the necessary equipment for the maintenance of the temporary gates, locks and signs including the removal of all installed items on COH roads and easements. The DHHL will retain ownership of all DHHL property paid for by DHHL. 2 2. The DHHL shall be responsible for the delivery and proper storage of abandoned vehicles and tires into a temporary base yard and shall maintain an inventory of vehicles. Relating to use of a COH Towing Vendor: L DHHL shall utilize a COH towing vendor to remove the vehicles from DHHL properties. ii. The COH has agreed to allow DHHL to use COH vendors at COH's contracted rate to tow the vehicle to the disposal site. iii. DHHL shall be responsible for any additional costs associated with oversized vehicles or those requiring additional work to tow as specified in the vendor contract. iv. The vehicles shall be towed from DHHL properties to Business Services Hawaii located at 16-630 East Kipimana Street, Hilo, HI 96749 for disposal. V. DHHL shall be responsible for making any efforts required by law to ascertain the status or ownership of the vehicles that were dumped on the subject lots. C. Technical Assistance 1. The DHHL agrees to designate a DHHL representative to provide or coordinate the schedule, instruction, enforcement, and supervision as needed during the term of this MOA. 2. The DHHL agrees to provide the COH with timely payments for services rendered under the terms of the vendor Contract. 3. The COH -DEM Role and Responsibilities The COH, Department of Environmental Management is the lead agency for the proper transport and disposal of vehicles which shall oversee the vendor Contract(see Exhibit"A"). As the lead agency, the COH- DEM shall provide the following: A. Towing Capabilities and Schedule 1. The COH-DEM will coordinate with the DHHL representative to arrange a mutually agreeable schedule and temporary base yard(s) for the vendor per terms of this MOA during mutually agreed upon times, which are generally Monday through Friday from 8:00 a.m. to 4:40 p.m. 2. The towing of vehicles in general, shall not be scheduled on Federal/State/County observed holidays unless mutually agreed. 3 3. The COH- DEM shall provide at least one representative to supervise the vendor Contract and coordinate with the DHHL representative under the terms of this MOA. B. Incident Handling At the discretion of the COH and the DHHL staff, all activities related to the towing and disposal of vehicles shall immediately stop in the event of any inappropriate, harmful or potentially harmful occurrence, or any occurrence that may cause injury or constitute verbal or physical abuse to any COH or DHHL staff, residents, or vendor workers. Public safety for all involved is an utmost concern and no inappropriate or harmful activity shall be tolerated. The COH-DEM Coordinator will inform the DHHL representative immediately of any incident. Work may resume upon approval by the DOT and the DHHL representative. The COH-DEM Coordinator shall prepare a written incident report for any incident reported by the COH-DEM Coordinator to the DHHL representative. C. Vendor Service and Control 1. The COH-DEM Coordinator shall exercise general supervision and control over vendor Contract, including the proper removal and disposal of abandoned or derelict vehicles and tires. The DEM Coordinator shall monitor gate and temporary base yard and assist the DHHL representative in monitoring vendor invoices. 2. The COH- DEM shall abide by all Hawai'i Occupational Safety and Health guidelines as incorporated by reference. A copy of such guidelines is on file with the DHHL and the DEM. D. The DHHL Equipment and Inventory 1. The COH-DEM shall safeguard the DHHL-owned equipment while in use by the COH-DEM or the vendor. Upon completion of the towing activities, the COH-DEM shall allow the DHHL to collect its equipment and property. 2. The COH- DEM Coordinator and the vendor shall ensure that any DHHL-awned property and equipment are kept reasonably clean and free of debris after usage. E. Indemnification The COH- DEM shall defend, release and indemnify the DHHL and the State of Hawaii, their officers, employees and agents from and against all liability loss, damage, cost, and expense, including all attorney's fees and all claims, suits, and demands arising out of or resulting from the criminal 4 I 3 3 3 i or intentional acts of the DEM and the COH, or their employees, officers and agents under this MOA in an amount not to exceed$10,000. Any claim greater than $10,000 is subject to County Council approval. The DHHL shall be responsible for damage or personal injury resulting from acts or omissions of DHHL employees while acting within the scope of their employment to the extent that the DHHL°s liability for such damage or injury has been determined by a court or otherwise agreed to by the DHHL. The DHHL shall pay for such damages and injury to the extent that funds have been authorized and appropriated by the Legislature for such purpose, and the funds have been allocated by the executive budget process. The provisos of this paragraph shall remain in full force and effect not withstanding the expiration or early termination of the MOA. . Funding The cost to provide the described activities in this MOA, is subject to the availability of funds for compensation to the COH-DEM by the DHHL. S. Period of Services The services covered by this MOA shall begin on and end on , unless extended or terminated sooner as provided herein. 6. Modification of the MOA Any extension, amendment, or modification to this MOA shall be by mutual agreement, in writing, and executed by the COH-DEM and the DHHL. 7. Termination of the MOA The COH-DEM or the DHHL may terminate this MOA upon 30 days written notice to the other. 8. Effective Date This MOA shall take effect on the date executed by both the COH-DEM and the DHHL. 5 IN WITNESSETH WHEREOF,the COH and the DHHL have executed this MOA effective on the date as written above. Approval as to form: Department of Hawaiian Home Lands By: BY: Ryan KP Kanakaole William J.Aila Jr. Department of the Attorney General Chairman, Hawaiian Homes Commission Date: J u l 6,2021 Date: Jul 7,2021 Approval as to form and legality: County of Hawaii By: BY: Elizabeth A. Strance Mitch Roth Corporation Counsel Mayor, County of Hawaii Date: Date: RECOMMEND APPROVAL: Ramzi I. Mansour DEM, Director Date: