HomeMy WebLinkAboutCOM 0108.007 2022-2024 Mitchell D. Roth0,011 OF M,yw911111
Kazuo S. K. L. Todd
Mayor ;' y6i&� 1; Fire Chief
Lee E. Lord ; --- _•• , Eric H. Moller
Mana in Director 11 a - Deputy Fire Grief
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County of athai'i
HAWAII FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
Memorandum
(_
DATE: February 2,2023 a, )
TO: Heather Kimball, Council Chair and
Members of the Hawai`i County Council ry
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: Kua Bay 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: $480,000.00
- Amount of County Match $0
County Revenue & Expenditure Account Numbers: 3306.23/010.221.6228.21/.22/.26
Grant Period (Commencement & Completion): 7/1/2022— 6/30/2023
Purpose of Grant: To fund Water Safety Officer positions, operational costs and equipment
at Kua Bay, Kekaha Kai State Park
Is final report required by grantor? n No
Notification attached: Yes No, because
Comm N®> _ v U 1 4zR.A.474A,t
Ref.To: / W �s
Ref. Date MAR' 2 2023
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Form NGA 05/19 N
Hawai'i County is an Equal Opportunity Provider and Employer.
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tt ° 4 SUZANNE D.CASE p
DAVID Y.IGE c' w 05g CHAIRPERSON 6
r'y t BOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII d 4
g �. t 5 COMMISSION ON WATER RESOURCE MANAGEMENT g
I 7 , , J ROBERT K.MASUDA 11
`,,,,,d and,v,,,� �,� T h ? FIRB'f DEPUTY
,�� l',1;, '�a' M.KALEO MANUEL
.Y.e;M � DEPUTY DIRECTOR-WATER
< AQUATIC RESOURCES
STATE OF HAWAII BOATINGBUREAU OF CONVEYANCES
RECREATION
faO^f},,,,,� DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS k
POST OFFICE BOX 621 CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING i
HONOLULU,HAWAII 96809 FORESTRY AND WILDLIFE
HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE COMMISSION
LAND ;k
July 25, 2022 STATE PARKS
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Fire Chief Kazuo S.K.L. Todd
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Hawaii County Fire Department I
25 Aupuni Street, Suite 2501
Hilo,Hawaii 96720
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Dear Chief Todd:
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The purpose of this letter is to serve as the third written amendment to the Memorandum
of Agreement for Lifeguard Services (MOA) made and entered on August 6, 2019,. amended
November 30, 2020, and June 25, 2021, between the State of Hawaii and the County of Hawaii
for Manini'owali at Kua Bay, Kekaha Kai State Park pursuant to Act 113, SLH2O19.
The available funding is limited to $480,000, subject to availability of funds, to provide
lifeguard services under the following conditions:
I. This amendment will be for lifeguard services at Manini'owali at Kua Bay, 1
Kekaha Kai State Park, Island of Hawaii, from July 1, 2022 through June 30, t.
2023, 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
positions until further discussion and concurrence.
3. The effective date of this amendment is July 1,2022.
4. Funds to be transmitted to the County under this amendment shall total $480,000,
subject to availability of funds.
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 €I
invoice for the quarter. Due to the availability of funds, it is important to submit
the quarterly invoice and reports ina timely manner. k
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Fire Chief Todd
I<ua Bay Lifeguard MOA
3rd 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 of Hawaii shall provide lifeguard services
for Manini'owali 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 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, contact Mr. Curt A. Cottrell at
(808) 587-0290.
Sincerely,
.Q.Cwart_
SUZANNE D. CASE
Chairperson
Board of Land and Natural Resources
Fire Chief Todd
Kua Bay Lifeguard MOA
3rd Amendment
Page 3
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGALITY:
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DEPUTY ATTORNEY GENERAL Deputy Corporation Co !el
Office of the Attorney General County of Hawaii ' .
Date Aug 8, 2022 Date AUG 1 7 70.2
ACKNOWLEDGED: ACKNOWLEDGED:
COUNTY OF HAWAII COUNTY OF HAWAII
BY 11111,
By ��.—
Mitch Roth,Mayor Ka r. '..K.L. Todd, Fire Chief
County of Hawaii Hawaii County Fire Department
County of Hawaii
Date (6 /X � Date �( AV"
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