HomeMy WebLinkAboutCOM 0108.004 2022-2024 o,11:°FN4h,''t Kazuo S. K. L. Todd
Mitchell D. Roth co,•v;. 'I�
Mayor ‘dik I Fire Chief
•Lee E. Lord Eric H. Moller
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Managing Director I, fro:; Deputy Fire Chief
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County of ettha.i`i
HAWAII FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
Memorandum
DATE: February 2, 2023
TO: Heather Kimball, Council Chair and
Members of the Hawai`i County Council
VIA: Kay Oshiro, Controller
FROM: Kazuo S.K.L. Todd
RE: NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 22-63 (current Budget Ordinance), Section 7(1)
Name of Grant Program: Hapuna Beach Lifeguard Services (MOA)
Grantor: State of Hawaii, Dept. of Land and Natural Resources
County Grantee Department or Agency: Fire
Grant No. (IF KNOWN): n/a
Amount of Grant: $895,505.00
Amount of County Match: $0
County Revenue & Expenditure Account Numbers: 3305.53/010.221.6228.11/.12/.16
Grant Period (Commencement & Completion): 7/1/2022—6/30/2023
Purpose of Grant: To fund Water Safety Officer positions, operational costs and equipment
for Hapuna Beach Park
Is final report required by grantor? 11E1Yes No
Notification attached: N Yes n No, because ic\� ,,
Comm. No.
Ref. T®: ,rP'"A//
Ref. Date MAR ` 2 2023
��rREDE%;
Form NGA 05/19 �1
Hawai'i Counhj is an Equal Opportunity Provider and Employer.
„ O”„ 4 SUZANNE D.CASE
DAVID Y,1GE �e',4 ,. . to CT AIRPERSON
GOVERNOR OI'FIAWAII if,,,:::,.
T BOARD OF IAND AND NATURAL RESOURCES
,C14 ^' .� COMMISSION ON WATER RESOURCE MANAGEMENT
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d 444 z y d, ROBERT K.MASUDA
p,, :at� y. :i FIRST DEPUTY
^ � T' , -, �"�' M.KALEO MANUEL
4'e� j' t'"� '^+„`^a �,.�;*nr�;, '' DEPUTY DI RECTOR-WATER
STATE OF HAWAII AQUATIC CEAN RECREATION
`k. t* ",, BOATINGANDOF OCEANCONVEYAREATION
`—�.,� BUREAU OF CONVEYANCES
t'i3te of}I+rt, DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVAI"ION AND COASTAL I.ANIW
POST OFFICE BOX 621 CONSERVATION AND RESOURCES ENFORCEMENT p
ENGINEERING P
HONOLULU,HAWAII 96809 FORESTRY AND WILDLIFE
HIST ONIC PRESERVATION
KAHOOIAWE ISLAND RESERVE COMMISSION
LAND &
July 25, 2022 STATE PARKS
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Fire Chief Kazuo S.K.L. Todd
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Hawaii County Fire Department
25 Aupuni Street, Suite 2501 i
1 Hilo,Hawaii 96720
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Dear Chief Todd:
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The purpose of this letter is to serve as the twelfth 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, July 20, 2020, and i
June 25,2021 between the State of Hawaii and the County of Hawaii for Hapuna Beach, Hapuna
Beach State Recreation Area.
The available funding is limited to $895,505, subject to availability of funds, to provide g.
lifeguard services under the following conditions:
1. This amendment will be for lifeguard services at :Hapuna Beach, .Hapuna Beach
State Recreation Area, Island of Hawaii, from.July 1, 2022 through June 30, 2023,
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provided that the parties may cancel the contract at any time with 30 days written
notice.
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2. Funding under this amendment can be used solely for Water Safety Officer I
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positions until further discussion and concurrence. 1
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3. The effective date of this amendment is July 1, 2022.
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.
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Fire Chief Todd
Hapuna - Lifeguard MOA
12th Amendment
Page 2
6. All other terms and conditions of the MOA shall remain unchanged with the
exceptions of language in Section C. The following language is changed:
2. Scope of Services. During Fiscal Year 2023 from July 1, 2022 to June 30,
2023, the County shall provide lifeguard services at Hapuna 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 negligence 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 Department of Land and Natural
Resources, Division of State Parks. If there are any questions, your staff may contact Mr. Curt
A. Cottrell at(808) 587-0290.
Sincerely,
SUZANNE D. CASE
Chairperson
Board of Land and Natural Resources
Fire Chief Todd
Hapuna - Lifeguard MOA
12th Amendment
Page 3
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGALITY:
1 3
DEPUTY ATTORNEY GENERAL Deputy Corporation Cour
Office of the Attorney General County of Hawaii
Date Aug 8, 2022 Date AUG 1 -7
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ACKNOWLEDGED: ACKNOWLEDGED:
COUNTY OF HAWAII COUNTY OF HAWAII
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By By / -
{ itch Roth, Mayor Kayo S.K.L. Todd, Fire Chief
X County of Hawaii Hawaii County Fire Department
1 County of Hawaii
Date U k 1 d� Date �// �yZ�
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