The URL can be used to link to this page

Home My WebLink AboutCOM 0021.000 2002-2004 +~r,?!,. ;i t''!U, lane H. Testa Hatry Kim r~.t'" Director Mrryor ' • County o~ Hawaii DEPARTMENT OF RESEARCH AND DEVELOPMENT 25 Aupuni Stteet, Room 219 • Hilo, Hawaii 96720-4252 (808)961-8366 • Fax (808)935-1205 E-mail: chrcadev®in[erpac.net :l DATE: November 29. ?002 - TO: .lames Y. Alakahi Council Chair and Council Members o VIA: Deanna Sako. Contruller N(Q/VV FROM: Jane Testa, Dircetor~~'~~=a RE: NOT[FICA~fION OI GRANT AWARD Compliance kith Ordinance No.94"S5, Section 7(1) Ol-"Ib Name of Grant Program: Product Development Program Grantor: State of Hawaii Hawaii Tourism Authority County Grantee Department or Agenc}~: Department of Research and Development Grant No. (IF KNOWN): R~I~-03-02 Contract No. 49747 Amount of Grant: `n(~U0,000.00 Amount of-County Match: `~I1.00 County Revenue & Expenditure Account Numbers: Revenue: 3305.23 Expenditure: 010-161-516299 Grant Period (Commencement & Completion): July 2002 to December 31, 2003 Purpose of Grant County Product Enrichment Program Is final report required by grantor? Yes ~ No Notification attached: '~X~ Yes ~No, because Comm. No.~ File No. ~ V D Ref. To: Ref. Date oEC 0 4 2002 Form NGA 6/01 Contract No. BT-03-02 MEMORANDUM OF UNDERSTANDING ~®611vRACT t~Q,_ <<~~ This Memorandum of Understanding, hereinafter called the "Memorandum," is effective the Is` day of July, 2002, by and between the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "COUNTY," and the HAWAII TOURISM AUTHORITY, an agency of the State of Hawaii, whose mailing address is 1801 Kalakaua Avenue, Honolulu, Hawaii 96815, hereinafter called the "STATE." WITNESSETH: WHEREAS, the STATE desires to manage the strategic growth of Hawaii's visitor industry in a manner consistent with the economic goals, cultural values, and community interests of the people of Hawaii; WHEREAS, the STATE desires to achieve managed growth of Hawaii's tourism industry by focusing on increased visitor expenditures; WHEREAS, the STATE desires to realize Hawaii's potential as a great place to live and to visit by ensuring that Hawaii's rich cultural heritage and resources are enhanced, preserved, perpetuated and promoted in a manner that is economically and environmentally sound, and culturally and socially sensitive; WHEREAS, the STATE desires to support and encourage the expansion, enhancement, diversification and enrichment of Hawaii's tourism product; WHEREAS, the COUNTY has the knowledge, experience, and expertise in the numerous and various tourism product activities within the COUNTY'S jurisdiction; WHEREAS, the STATE desires to strengthen existing partnerships with the COUNTY to increase the effectiveness, efficiency, quantity and quality of tourism product activities and programs; WHEREAS, the STATE and the COUNTY desire to support and encourage tourism product activities such as those in the niche markets of agriculture, culture, education, health and wellness, nature and technology; -1- WHEREAS, the STATE and the COUNTY desire to foster the perpetuation and preservation of the Hawaiian culture; and WHEREAS, the STATE and the COUNTY desire to support and encourage efforts to provide activities and experiences for visitors and residents throughout the year and throughout Hawaii; NOW, THEREFORE, the STATE and the COUNTY in consideration of the mutual promises hereinafter set forth hereby agree as follows: A. Scope of Services. The COUNTY shall: 1. Upon obtaining the prior approval of the STATE, conduct a County Product Enriclunent Program for the County of Hawaii (hereinafter referred to as the "Program"), in accordance with, and in fulfillment of, all terms and conditions of the Program as established by the STATE and as specified in the "Product Development Program: 2002-2003 Strategic Plan," dated March 2002, and approved April 17, 2002 by the Hawaii Tourism Authority Board of Directors, including the "Product Enrichment Program Implementation Plan" and "County Product Enrichment Program Information Packet," these three hereinafter collectively referred to as the "Plan" and incorporated herein by reference. 2. Execute the Program in a manner consistent with the overall strategic directions, goals and objectives of the "2002 Ke Kumu: Strategic Directions for Hawaii's Visitor Industry," hereinafter called "Ke Kumu" and incorporated herein by reference. 3. Perform and fulfill all of the Additional Conditions which are attached as Exhibit "A" and made a part hereof. B. Program Budeet. The STATE agrees to make available to the COUNTY a sum not to exceed SIX HUNDRED THOUSAND AND NO/100 DOLLARS ($600,000.00) for the purpose of implementing the Program as set forth in this Memorandum; provided, that any funds not expended by the COUNTY to implement the Program shall be returned to the STATE. C. Performance Schedule. The Program must be completed on or before December 31, 2003, subject to such extensions as may be agreed to by the STATE, and unless sooner terminated as provided herein. -2- D. Method of Payment. The STATE shall transfer FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) to the COUNTY following execution of this Memorandum and upon receipt by the STATE from the COUNTY of a written Request for Payment or invoice under the letterhead of the COUNTY and bearing the signature of an authorized officer of the COUNTY, and an implementation plan for the Program to include, but not be limited to, a copy of the application form and instructions, a timeline for implementation, a listing of the Program OversightlAdvisory Committee including name, title and affiliation of each member, and evaluation and report forms to be used by the COUNTY for the Program. The COUNTY shall submit to the STATE all requested reports detailing activities and use of funds as specified in Exhibit "A" with certification by the COUNTY that all the work for which funds were utilized were performed in accordance with this Memorandum. The STATE shall make available the transfer of any portion of the remaining TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) that may be requested by the COUNTY; provided, that the COUNTY shall submit a written Request for Payment or invoice to the STATE for approval prior to the transfer and expenditure of these funds. The Request for Payment or invoice shall include certification that the work planned is in accordance with the terms of this Memorandum, shall be under the letterhead of the COUNTY, and shall bear the signature of an authorized officer of the COUNTY. These funds shall not be expended until prior written approval from the STATE is received by the COUNTY, and are subject to the availability of funds. E. Withholding of Pam. The STATE may withhold any and all payments to the COUNTY if the COUNTY fails to comply with the terms of this Memorandum. F. Promotional Material. The COUNTY and all recipients of the STATE funds through the COUNTY for this Program shall acknowledge the HAWAII TOURISM AUTHORITY as a contributor of funds in all printed, broadcast, and other advertisement and promotional material and documents relating to this Program. G. Indemnification. The COUNTY shall indemnify, defend, and save harmless the STATE, its officers, agents, and employees from and against any and all manner of actions and claims arising, either directly or indirectly, out of or resulting from the negligence, errors, omissions, or acts of the COUNTY, its officers, agents or employees occurring during or in connection with the performance of the COUNTY'S services under this Memorandum. The -3- COUNTY shall defend the STATE against any such action or claim that does not involve an act or omission solely of the STATE, its officers, agents, or employees. H. Modification of Memorandum. Any modification, alteration or change to this Memorandum including, but not limited to, modification of the services to be performed and extension of time of performance, shall be made only by prior written supplemental agreements executed by the parties. I. Termination of Memorandum. If, for any cause, the COUNTY fails to satisfactorily fulfill in a timely or proper manner its obligations under this Memorandum or if the COUNTY breaches any of the promises, terms or conditions of this Memorandum and, having been given reasonable notice of an opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by the STATE, the STATE may terminate this Memorandum by giving written notice to the COUNTY of such termination. The STATE may also terminate this Memorandum without cause by giving written notice to the COUNTY thirty (30) calendar days before the effective date of such termination. -4-