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HomeMy WebLinkAboutCOM 0460.003 2002-2004Harry Kim Mayor Patricia G. Engelhard Director q t Pamela N. Mizuno :] diil�� 10 lr( Deputy Director Countp DfO W'aC [-i:t'lI DEPARTMENT OF PARKS AND RECREATION 25 Aupuni Street, Room 210 •-Hile,-Hawai'i 967204252 (808) 961-8311 • Fax (808) 961-8411 Memorandum To: J. Curtis Tyler III, Vice Chair Hawai'i County Council From: Pam Mizuno, Deputy Director V Parks and Recreation Date: January 27, 2004 Re: Requested copy of the MOU for ATV Riders of Hawaii Enclosed is a copy of the executed MOU between the County of Hawai'i and the ATV Riders of Hawai'i. I apologize for the delay in forwarding this MOU, but at the time of your request this document was being circulated for signatures. The completed MOU was returned to Parks and Recreation yesterday. Should you have any questions, please call me at 961-8542. Enclosure Comm. No. 460.3 Ref. TO: rf ete�fed W. pate MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF HAWAII AND THE ATV RIDERS OF HAWAII THIS AGREEMENT made this b� day of 1oJ�l —2603-, between the County of Hawai'i, Department of Parks and Recreation, hereinaftery known as "County" and the ATV Riders of Hawai'i, a 501(c)(3) charitable corporation, hereinafter known as "ATV Riders" WITNESSETH: WHEREAS, one of the stated purposes of the ATV Riders is to promote and advance All -Terrain Vehicle (ATV) recreation in a safe and law abiding manner; and WHEREAS, the ATV Riders desires to 'serve the local ATV community by providing safe, recreational, and responsible ATV riding, as well as educate the community on local laws and proper land use; and WHEREAS, the County is interested in entering into a cooperative arrangement with the ATV Riders to carry out the purposes stated above; and WHEREAS, it is the intent and purpose of this agreement to set forth the relationship between the two parties, which establishes their mutual rights and responsibilities, with respect to such cooperative relationship; NOW, THEREFORE, the County and the ATV RIDERS in consideration of the mutual covenants and agreements hereinafter contained agree during the life of this agreement as follows: 1. Operation of a Off-Highwav Vehicle Recreation Area (OHVRA) The ATV RIDERS shall, at its expense, construct, furnish, equip, maintain, supply, staff and operate the OHVRA on the premises of the Hilo Drag Strip, in the area designated for their use, to provide ATV safety training under supervision of a licensed ATV safety instructor. The ATV Riders shall also Page 1 provide areas for recreational riding activities for the public. The County shall allow the ATV RIDERS to operate during such hours that may from time to time be revised with County's approval. Operating hours shall be scheduled to avoid conflict with other drag strip activities such as drag races. The ATV Riders will, at its expense, ensure the structural integrity of the premises. Operations shall be conducted in accordance with all Federal, State, and County laws, and such rules and regulations as the County has adopted, and ATV Riders will comply with all Federal, State, and County laws and regulations, including but not limited to, all building and fire codes. Any necessary environmental assessments, building, electrical, plumbing, and fire permits must be obtained through the department with approval of the Director prior to work being initiated. The site shall consist of approximately 15 acres along the South East boundaries of TMK 2-1-13:153, 5 acres of which shall be used for development of an ATV RiderCourse designated for ATV safety training under the supervision of an ATV safety training instructor as licensed by the ATV Safety Institute. See "EXHIBIT B" attached and highlighted for designated area. The ATV RiderCourse and training will be constructed and offered to the public as sanctioned by the ATV Safety Institute as outlined in the proposal attached as "EXHIBIT A". Construction of the OHVRA beyond the initial 5 acres for the ATV RiderCourse will include a survey conducted by a licensed surveyor to locate and stake the property's metes and bounds as it borders the prospective area, and boundary pins will be maintained by the ATV Riders. Construction shall begin prior to December 31, 2005 with completion by December 31, 2006. 2. Repairs, Alterations or Improvements The ATV Riders shall not make any repairs, alterations, or improvements of a structural nature to the premises without the written consent of the Director of Page 2 Parks and Recreation. All plans for new site work or construction must have the written consent of the Director of Parks and Recreation. 3. Fixtures Equipment Supplies, and Utilities Procurement and/or financing of fixtures, equipment, supplies, and utilities to operate the OHVRA shall be the responsibility of the ATV Riders, except that the County shall provide for reasonable water costs. 4. Approval of Programs The suitability of the type of programs and activities offered by the ATV Riders at the OHVRA shall be subject to review and approval of the Director of Parks and Recreation or authorized designee. It shall be within the Director's discretion to reject any program or activity considered unsuitable and inconsistent with the purpose and function of the OHVRA or is not in the best interest of the County of Hawai'i. 5. Establishment of Usage Policy and Rental Fees The usage policy and rental fees for the OHVRA shall be established by the ATV Riders, but shall be subject to approval of the Director of Parks and Recreation or authorized designee. 6. Proceeds All of the proceeds realized by the ATV Riders in the operation of the OHVRA shall be deposited in a OHVRA support account of the ATV Riders. These funds shall be released and applied by the ATV Riders only for the sole benefit of supporting the OHVRA programs, activities, or expenses. 7. Risk of Loss All fixtures, equipment, and supplies located or stored on the OHVRA premises shall be at the sole risk of the ATV Riders, and the ATV Riders shall indemnify the County against any loss, damage, or destruction thereof. The County, its Page 3 officers, agents, and employees shall not be responsible or liable for any loss of, or damage to, the aforesaid property while on the premises, regardless of how or the manner in which any such loss or damage is sustained. 8. Assignments etc. The ATV Riders shall not transfer, assign, or encumber the said premises or any portion thereof, nor permit any other person to occupy or use the said premises or any portion thereof. 9. Clearances, Licenses, Taxes The ATV Riders shall obtain all required clearances, and pay for all licenses and permits required in the operations aforesaid, and be responsible for and pay any and all Federal and State taxes that are now or may hereafter be levied. 10. Indemnification The ATV Riders agrees with respect to the premises at all times to use due care for public safety, and agrees to defend, hold harmless and indemnify the County from and against all claims or demands for damages, including claims for property damages, personal injury or death, arising on or about the premises, or any fire or explosion thereon, or growing out of or caused by any failure on the part of the ATV Riders to maintain the premises in a safe condition, and in accordance with the terms and conditions of this Agreement. 11. Insurance The ATV Riders shall, at its expense, procure the insurance listed below from insurance companies authorized to do business in Hawai'i, and maintain such insurance throughout the term of the agreement. Certificates of the insurance policies shall be filed with the Director of Parks and Recreation; such policies shall contain a clause whereby the insurance company agrees to give notice in writing to the Director of Parks and Recreation of any cancellation or alteration of such policies at least SIXTY (60) DAYS prior to such cancellation or alteration. Page 4 (a) Comprehensive General Liability Insurance This policy shall cover the ATV Riders with the County of Hawai'i as additional insured and shall include product liability coverage with RULE 8, RULES RELATING TO THE USE OF PARK FACILITIES, Section 11., B. (2). 12. Records/Financial Statements/Audits The ATV Riders shall maintain appropriate records of expenses and income, and shall provide the Director of Parks and Recreation and his/her duly authorized representative written statements reporting the gross income and annual financial statements within three months of the end of the fiscal year. The ATV Riders shall grant the duly authorized representatives of the County the right to inspect or audit the books, records, and financial statements so maintained. The records will be provided within 5 working days from the date of the request. 13. Nondiscrimination The use and enjoyment of the premises shall not be in support of any activity or policy which discriminates against anyone based upon race, religion, color, sex, age, disability, or national origin. 14. Removal of Supplies Improvements and Equipment Upon termination of this Agreement as hereinafter provided, the ATV Riders shall remove its supplies, furniture, improvements and equipment, within thirty (30) days and restore the premises to their original condition; provided, however, that in the event the ATV Riders fails to so remove and restore, the County shall remove the same and charge such removal and restoration to the ATV Riders. 15. Effective Date Termination/Disposition of Trust Proceeds This Agreement shall become effective upon its execution, and may be terminated by either the County or the ATV RIDERS upon thirty (30) days written notice. Page 5 16. Severability Should any term, provision, condition or other portion of this agreement or the application thereof be held to be inoperative, invalid or unenforceable, the remainder of the Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. 17. Amendment The parties hereto reserve the right to amend this Agreement in the future from time to time as may be mutually agreed. No amendment hereto shall be effective unless written and signed by the authorized representatives of both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written. DATED: Hilo, Hawaii COUNTY OF HAWAII: Its Mayor: --HARRY KIM , ,, DATED: Hilo, Hawaii Jo-vl. G, 2-404 RECOMMEND APPROVAL: PATRICIA G. EN4bELHARD Director, Dept of Parks and Recreation ATV RIDERS OF HAWAII: G� c P. sell j -r% I President: GERALD R. SANTIAGO APPROVED AS TO FORM: Deputy Xrporation Counsel Count of Hawaii STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this day of JC,,,," o , 2004, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. JEAN IERNES Notary Public, State of Hawaii My commission expires: STATE OF HAW I ) SS: COUNTY OF HAWAII ) On this day of 12003, before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a mui icipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the county of Hawaii by authority given to said Mayor of the County of Hawaii by,Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said HARRY KIIA acknowledged said instrument to be the free act and deed of said County of Hawaii. STATE OF HAWAII ) SS: Public, State of Hawaii My 6Vninission expires: COUNTY OF HAWAII ) On this D day of g_o t 200X, before me personally JL � appeared 1 e a l d e- ,5A {esu to me known to be the person described in and who executed the foregoffig instrument, asg rJ<W"'V— of RfI" K'jolr*s cf PZZI�a.;i' , and acknowledged that he/she executed the same in behalf of the organization and acknowledged the instrument to be the free act and deed of the organization. iE TApy FJI.� NBtary Public, State of Hawaii • ® NA'f HAVE SANTOS OU6LIG;.Mygommission expires: _ 4 P OF HP Page 7 y -o7 A Proposal For Use of a Designated County Site To Conduct ATV RiderCourse Safety Training Introduction EXHIBIT A Nationwide statistics validate the risk of death or severe injury as a result of accidents associated with ATVs. Because ATVs handle differently from other vehicles including motorcycles and cars and because ATV riding is a physically dynamic activity, proper training is needed to educate riders in being aware of the associated risks in order to manage them and reduce the possibility of injury. Reckless ATV riding behavior is another widespread concern and the Big Island is no exception. The increasing level of irresponsible ATV riding is directionally proportionate to the escalating frustration experienced by local private landowners with the resulting impacts to their lands. Proper training to educate ATV operators on how to travel, work and recreate safely with minimum impact to the environment and how to preserve and protect riding areas has been virtually non-existent on the Big Island. Partnership with the County of Hawaii is being sought to request a designated County site at which ATV safety training can now be made available. Training is obtainable with two (2) recently licensed Big Island residents who are able to conduct the ATV RiderCourse safety training statewide. Optimistically, this collaborative effort with the County may well be a significant factor in helping curb what could easily become a potentially volatile, destructive and unmanageable situation on the Big Island. Objectives • Obtain rightful use of a 15 -acre designated County site, of which a Five (5) acre portion is to be used as an all -terrain vehicle (ATV) safety training area under supervision of a licensed ATV safety training instructor. • Conduct the ATV RiderCourse, a hands-on learning experience with particular emphasis on the safety implications in operating an ATV. Page 1 of 1 ATV Overview ATVs are four -wheeled motorized vehicles designed for a single rider for use only on off-road terrain. These vehicles are powered by gasoline engines and equipped with four low -pressured tires, a seat that a single rider straddles and handlebars for steering. Uses include: commercial work applications such as farming, ranching, construction, land management, field maintenance and facility management. Other examples include law enforcement, military and search and rescue operations. ATVs are also used for recreational activities i.e., hunting, fishing, trail riding, etc. and can involve the entire family. ATV Safety Institute ATV RiderCourse Sanctioned by the ATV Safety Institute, a not-for-profit division of the Specialty Vehicle Institute of America (SVIA), the ATV RiderCourse provides hands-on training with emphasis on safety implications. Training includes pre -ride inspections, starting and stopping, turning (gradual and quick), hills (stopping, U- turns and traversing), emergency stopping, swerving and riding over obstacles. The course also covers protective gear, environmental concerns, local laws and safe and responsible riding practices. Plan of Action In order to obtain the proposal objectives, the County of Hawaii is being approached to provide land area for use in conducting ATV safety training. The proposed training area is located next to the entrance of the Hilo drag strip and is a portion of a 15 -acre parcel. Five (5) acres of the 15 acres is being requested for ATV safety training. Should the County accept this proposal, the ATV RiderCourse safety training can begin as early as January 2004. The area will be developed in order to accommodate the ATV RiderCourse. The basic ATV RiderCourse training area will include the following: • Staging/Parking Area • Classroom Area • An ATV RiderCourse Range The following diagram includes an overview of how the proposed training area will be set up: Page 2 of 2 Approximately 5 Acres - Not to Scale Classroom I I Parking / Staging area There will be no permanent structures built and all areas will be set up prior to the training session and removed immediately after. All facilities will be provided by the ASI instructors and with the exception of land use, the County of Hawaii will not need to provide any other support. The ATV RiderCourse has been designed as such to minimize the impact on the landowner and can be successfully held in most areas, provided an area is available. Liability coverage will be provided by the ATV Safety Institute, ensuring that the County of Hawaii will not be held liable in the unlikely event of an accident or injury. Only ASI licensed instructors will be able to conduct the ATV RiderCourse. Part of our program will also include loaner equipment from dealers in coordination with ASI to provide Big Islanders an opportunity to take the ATV Rider Course. This would mean that although a family may not own an ATV, they may take course for a small fee and the necessary equipment will be provided. For those who have purchased an ATV, free training will be available for them and their family members. The ATV RiderCourse will be held on Saturdays from 8:00 am - 12:30 pm (morning sessions) and 1:00 pm - 5:30 pm (afternoon sessions). One Saturday per month will be used for general maintenance of the site, which will include Page 3 of 3 range preparation, grooming of the area and general maintenance as needed. In order to provide quality training, an evaluation and assessment period of six (6) months will be used to measure the success of the program. A report of the findings will be provided to the County of Hawaii upon request. Conclusion This proposal seeks a partnership with the County of Hawaii in obtaining use of a 15 -acre land parcel, of which 5 acres will be used to conduct safety training provided by licensed ATV safety instructors. This collaborative effort is a proactive and practical means by which to heighten safety awareness, advocate environmental responsibility and endorse safe and proper operation of ATVs, thus curtailing the risk of death or serious injury and ensuring minimal impact to the environment and land on the Big Island. Page 4 of 4