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HomeMy WebLinkAboutRES 249 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 249 04 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM, PURSUANT TO HRS 46-7, FOR A GEOPOWERING THE WEST GRANT WHEREAS, the U.S. Department of Energy, through the State of Hawaii Department of Business, Economic Development, and Tourism, has authorized funding for the Hawaii County Department of Research and Development's GeoPowering the West Program; and WHEREAS, opportunities exist for utilizing the available geothermal heat in the Kapoho region of the Puna District for purposes besides electricity generation; and WHEREAS, the potential exists to enhance the district's agriculture and commercial fishing activities as well as other enterprises with the application of geothermal direct use; and WHEREAS, the grant funds will be used to establish a working group to support utilization of the direct use of geothermal heat, to provide information on direct use to the community, and to gather input from the community for consideration by the County government and other interested parties; and WHEREAS, the working group will also address issues related to a feasibility study for a direct use geothermal enterprise park; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. N®W, THEREFORE, ~E IT IRESOLVED ~Y THE C®UNCIL OF THE C®UN7°Y ®F HA4NAI`I, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an agreement and related documents with the State of Hawaii Department of Business, Economic Development, and Tourism, to enable the County to execute its GeoFowering the West program as described in the letter of agreement, attached hereto and incorporated herein by reference as Exhibit "A". 13E IT ~IJRTHER RES®LVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance and Research and Development Departments. Dated at xilo ,Hawaii, this loth day of November , 2004. INTRODUCED BY: COUNCIL MEMBER, C UNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CHUNG x vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on November 10 , 2004 HOLSCHUH X JACOBSON X ATTEST REYNOLDS SAFARIK TULANG X ~ TYLER ~ Reference C-796/Bill 346/FC- 331 ~~Ps COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ p ~ O F Mq $ R n t45a a v~ LINDA LINGLE THEODORE E. LIU ~ j DEPARTMENT OF BUSINESS, G°"Ea"°a gnECT09 _ ~ ~ ECONOMIC DEVELOPMENT & TOURISM STEVEDRETSCHNEIDER DEPU1V OmECTOn ~b8 STRATEGIC INDUSTRIES DNISION Telephone: (908) 587,3807 ~Y,p.~,~~ 235 South Beretanie Saeet, Leiopapa A Kamehameha Bldg., 5th Floor, Hondulu, Hawaii 96813 Fax: (809) 587,3820 Mailing Address: P.O. Box 2359, Hondulu, HI 96804-2359 Web s8e: www.hawaii.gw/dbarlVeR September 2, 2004 LETTER OF AGREEMENT LOA-OS-025 ~ ~j County of Hawaii - ; _ . - Dept. of Reseazch & Development 25 Aupuni St., Room 219 Hilo, Hawaii 96720 Attn: Dr. Raymond Carr Deaz Dr. Carr: This letter confirms an Agreement between the Department of Business, Economic Development, and Tourism (DBEDT), hereinafter referred to as STATE, by its Director's Designated Representative, Maurice H. Kaya, Energy Program Administrator (REPRESENTATIVE) and the County of Hawaii, hereinafter referred to as CONTRACTOR, whose principal address is 25 Aupuni St., Room 219, Hilo, Hawaii 96720, federal ID #99-6000567 for services related to the GeoPowering the West program including the establishment of a Hawaii Island Geothermal Direct Use Working Group, community outreach, and information dissemination. The parties hereto agree to the terms, conditions, and provisions as follows: 1. Scope of Services. CONTRACTOR shall provide the following services: A. Establish a Hawaii Island Geothermal Direc[ Use Working Group. CONTRACTOR shall: 1) Convene a Working Group with broad representation such as 13ut not limited to: members of the geographical community proximate to the Puna Geothermal Venture power plant, agricultural commodity groups and extension agents, government agencies, experts on the geothermal resource and on geothermal direct use, Puna Geothermal Venture, and other Counties with potential geothermal resources. . EXHIBIT "A" 2) Develop goals and objectives for the Working Group, such as but not limited to: improve public awareness of direct use opportunities; identify and resolve barriers to utilization of geothermal heat in Puna; provide input to County on use of geothermal asset and royalty funds; and provide guidance to feasibility study for geothermal enterprise park, if funded. 3) Secure the services of a facilitator and recorder/secretary to convene, facilitate, and prepare minutes of meetings. 4) Hold at least six meetings of the Working Group. These may be concurrent with one or more "public information" meetings to which the general public is also invited. B. Perform Community Outreach. CONTRACTOR shall: 1) Convene at least three public information meetings, including at least one featuring anationally- or internationally-recognized expert in geothermal direct use, to inform participants of direct use applications implemented elsewhere and to stimulate discussion of direct use opportunities in Puna. 2) Meet as appropriate with members of the geographical community, that is, residents, businesses, and landowners in the area near the Puna Geothermal Venture power plant, and also with agricultural commodity groups and others to provide information on direct use applications. 3) Solicit ideas on how to make use of the County's geothermal asset and royalty funds to support direct use enterprises and/or for other purposes. C. Disseminate Information on Geothermal Direct Use Applications Appropriate for Hawaii County. CONTRACTOR shall: 1) Identify existing publications, such as but not limited to factsheets, CDs, technical guides, journal articles, posters and brochures, containing information on geothermal direct use that is appropriate for Hawaii County. 2) Obtain or print copies of selected publications and distribute to the community through meetings of the Working Group or other means. D. Reporting. CONTRACTOR shall: 1) Provide semiannual summaries of activities performed under this Agreement. Reports shall be written, and may be submitted in hardcopy and/or electronically. The reports shall include subjects such as but not limited to: Working Group meeting dates, attendees, topics of discussion, actions taken, and conclusions reached, if any. CONTRACTOR shall also attach copies of any materials distributed at the meetings. 2) Submit for prior STATE approval a drafr final report including a summary of the accomplishments of the project and the CONTRACTOR'S evaluation and recommendations. Upon approval, submit final report in both hardcopy and electronically. 2. Time of Performance. The services described herein shall commence on the effective date of [his Agreement and all services under this Agreement shall be completed by September 30, 2005, unless sooner terminated as hereinafrer provided. This Letter of Agreement may be extended for a total period of time not to exceed three (3) months. However, the initial extension shall not exceed one (1) month with one additional extension allowable that shall not exceed two (2) months. The CONTRACTOR shall submit any extension request in writing for STATE approval a minimum of one (1) month prior to the termination of the contract. Said request shall provide detailed reasons for the delay in and steps to be taken to ensure the timely completion of the project. If the STATE approves the extension request, an amended Letter of Agreement shall be executed by both parties in accordance with the General Conditions. The CONTRACTOR shall no[ be entitled to any additional compensation to complete the work described in the Letter of Agreement. 3. Matching Funds. CONTRACTOR is not required to provide matching funds. 4. Compensation and Method of Payment. In consideration for services to be rendered under this Agreement, STATE agrees to pay a total sum of money not to exceed NINE THOUSAND FIVE HUNDRED SIXTY AND NO/100 DOLLARS ($9,560.00), tax inclusive. Any reasonable modification in the scope of work that does not materially add to the cost of work shall be performed without extra payment on account of those changes. Modifications in the scope of work must be mutually agreeable to the STATE and the CONTRACTOR and confirmed in writing. Payments shall be made by STATE, upon satisfactory completion of services and submittal of original invoices, in accordance with the following provisions: A. FOUR THOUSAND AND NO/100 ($4,000.00) upon submission of a semiannual report including a record of a public meeting featuring nationally recognized expert(s) in geothermal direct use, as described in Paragraph A.l. through D.1 "Scope of Services," herein. B. FIVE THOUSAND FIVE HUNDRED SIXTY AND NO/100 ($5,560.00) upon submission of approved final project report, as described in Paragraph A.1. through D.2 "Scope of Services," herein and satisfactory completion of all services. 5. General Conditions. The State of Hawaii, Department of Business, Economic Development, and Tourism, General Conditions, are attached hereto as Attachment A and made a part of this Agreement. In the event of a conflict between the General Conditions and Special Conditions of this Agreement, the Special Conditions shall prevail. 6. Special Conditions. The acceptance of this Agreement by the CONTRACTOR serves to bind said CONTRACTOR with regazd to CONTRACTOR'S fulfillment of all the terms, conditions, and provisions as set forth in this Agreement. aurice H. Kaya, Representative Energy Program Administrator Date: ~ ' 2 ~ Attachment: General Conditions Special Conditions P.O. #00005968