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HomeMy WebLinkAboutCOM 0439.001 1996-1998 SENT BY:HI DEPT OF AGRIGULTURE7 8-19-97 1:09PM Div. Plant Industry-+ BOB 935 1205~ti 2 , MEMORANDUM OF AGREEMENT AMONG . ~ COUNTY OF HAWAII, _ STATE OF HAWAII By.._~ DEPARTMENT OF AGRICULTURE, D°Ye---------=----~~._s-_-_--_,-_ RESEARCH CORPORATION County Council.' ~ OF THE UNIVERSITY OF HAWAII AND UNIVERSITY OF HAWAII COLLEGE OF TROPICAL AGRICULTURE AND HUMAN RESOVRCES THIS MEMORANDUM OF AGREEMENT is made and entered into by and among the County of Hawaii, hereinafter called the COUNTY; the State oP Hawaii, Department of Agriculture, hereinafter called the DOA; the Research Corporation of the University of Hawaii, hereinafter called RCUH; and the University of Hawaii, on behalf of its College of Tropical Agriculture and Human Resources, hereinafter called CTAHR. WHEREAS, this Agreement is being executed to memorialize the parties understanding regarding the administration of the demonstration quarantine project described herein. WHEREAS, the papaya ringepot virus (PRV) has decimated major papaya growing areas on the islands of Hawaii and Oahu resulting in irretrievable production and financial losses to the state~a papaya growers and papaya fruit processors and fruit handlers. WHEREAS, the losses in production have resulted in decreased shares of the mainland United States and foreign markets. WHEREAS, the papaya growers have attempted to plant papaya fields in non-traditional areas to take advantage of available lands which are free of PRV, but such areas have become infected with PRV after a short period of time. WHEREAS, the only current means oP managing PRV infestations is to physically remove all papaya plants infected with the disease, which removal also results in a loss of production and income. WHEREAS, researchers at CTAHR and other institutions have attempted to develop measures and technologies which could moderate the impact of PRV on papaya crops and lead to the stabilization and restoration of the papaya industry and its contributions to the economies of Che island of Hawaii and elsewhere in the State. WHEREAS, the DOA and CTAHR are cooperating with each other and with other institutions to develop and implement measures and technologies, and to educate the papaya growers in the use of these measures and teohnologies, to mitigate the impacts of PRV on papaya crops grown in the island of Hawaii and elsewhere in the State. ate. n>o: 3 9. o YIM lfa FtyDlo PR )1~[ ~ Presented F G ltet, 1~_....... SENT BY:HI DEPT OF AGRICULTURE 5-18-97 ~ 1:G6PM ~ Div. Plant industry 808 935 1205: 3 WHEREAS, CTAHR researchers have been working closely with the DOA to develop disease management protocols which can be used by the papaya growers to alleviate the impact of PRV on their farms. WHEREAS, recognizing the devastating impact oP PRV and the need for assistance to the states papaya industry, the COUNTY is proposing to establish a demonstration quarantine project 1n Kahuwai, Puna, island of Hewa11, to demonstrate that papaya can be grown successfully under severe PRV pressure by following strict disease management protocols. WHEREAS, the demonstration quarantine project provides CTAHR researchers and the DOA a unique opportunity to study the epidemiology of PRV and to evaluate other disease management measures and technologies developed or being developed to control PRV. WHEREAS, DOA and CTAHR wish to continua their cooperative efforts to restore the state's papaya industry so that it can again be a positive asset to growers, fruit processors, and the island of Hawaii's and the State's diversified agricultural communities. WHEREAS, the COUNTY is authorized by Chapter 46, Hawaii Revised Statutes (HRS), specifically Sections 46-1.5(4) and 46-1.5(16), HRS, and by Section 13-13 of the Hawaii County Charter to make contracts and do all things necessary and proper to carry into execution all powers vested in the COUNTY or any county officer and to lease real property within the defined boundaries of the COUNTY for public purposes and to dispose of the real property as the inhabitants of the COUNTY may require. WHEREAS, the DOA is authorized by Chapter 141, HRS, specifically Sections 141-1(3) and 141-1(8), HRS, to enter into contracts or cooperative agreements as may be necessary to conduct the DOA's business and on such terms as the DOA may deem appropriate, and to assist in research, evaluation, development, enhancement, and expansion of local agricultural industries, and serve as liaison with other public agencies and private organizations for such purpose. WHEREAS, RCUH is authorized by Chapter 307, HRS, to conduct scientific investigations and research in the physical, biological and social sciences and in furtherance of such purpose to enter into contracts, leases, cooperative agreements and other transactions and to lease, rent, hold, maintain, use and operate real and personal property, and establish a special account for the funds of research and training projects of the University of Hawaii, other state agencies and political subdivisions of the State. 2 SENT BY~HI DEPT OF AGftiGULTURE~ 8-18-97 ~ 1~09PM ~ Div. Plant Industry BOa 935 1205 # 5 WHEREAS, CTAHR is authorized by Chapter 304, HRS, specifically, Sections 304-2 and 304-8, HRS, to enter into and perform contracts and cooperative agreements as may ba necessary in the conduct of its business and on such terms as it may deem appropriate, and to conduct research and training. NOW, THEREFORE, the parties hereto mutually agree as follows: The COUNTY shall lease certain lands at Kahuwai, Puna, Hawaii from Kamehameha Schools Bishop Estate (KSBE) for purposes of implementing a demonstration quarantine project. The COUNTY will issue permits to papaya growers (permittees) to plant papaya pursuant to crop development plans, will implement disease control measures management protocols, and will enter into this Agreement with the DOA, RCUH and UH to operate and manage the demonstration quarantine project. The COUNTY, after entering into a lease agreement (Lease) with KSBE for certain lands at Kahuwai, Puna, Hawaii, agrees to have the DOA, RCUH and CTAHR assist with the implementatlon of the demonstration quarantine project. Tha COUNTY shall designate a Project Co-Investigator. The COUNTY's Project Co-Investigator shall ba responsible for transmitting to RCUH all funds to be utilized for the demonstration quarantine project and shall work cooperatively with RCUH on other administrative aspects of the demonstration quarantine project. The COUNTY appoints RCUH as the COUNTY'S fiscal agent with full power to ask, demand, sue Por, recover, collect, receive and hold all monies, debts, rents, accounts, taxes, cost recoveries and reimbursements and other payments, to accept possession of such lands on behalf of the COUNTY, to enforce the observance and performance oP permittees of all covenants to be observed and performed under COUNTY growing permits and to expend funds for lease rent, real property taxes and other expenses incurred or to be incurred in possessing the land and enforcing the observance and performance by permittees of covenants in the permits, including, but not limited to, the employment of a project manager and other personnel necessary to administer the demonstration quarantine project. The ooA shall designate a Project Co-Investigator. The DOA's Project co-investigator shall be responsible for working with CTAHR's Principal Investigator, the COUNTY'S Project Co- Investigator and RCUH on the administrative aspects and research components of the demonstration quarantine project as more specifically described below. 3 SENT BY:HI DEPT OF AGRICULTURE; 8-18-97 ~ 1:10PM ~ Div, Plant Industry A06 935 1205~~ 6 The DOA shall prepare disease management protocols for the demonstration quarantine project; select, with the assistance of the Papaya Administrative committee, permittees on behalf of the COUNTY and assist with the awarding of lands to qualifying permittees to grow papaya crops; work with the project manager and personnel in the performance of their duties; and provide supplemental assistance when required for the detection and mitigation of PRV when found in the quarantine none; The DOA shall, under Chapter 149A, HRS, enforce applicable federal and state laws, rules and regulations which regulate the use of pesticides in papaya farming. Notwithstanding the foregoing, enforcement of hazardous materials laws, rules and regulations 1s the responsibility of the appropriate regulatory agencies. CTAHR shall designate a Principal Investigator to ba responsible for conducting research in the demonstration quarantine project in accordance with University of Hawaii policies and procedures. RCUH shall serve as the receiving and expending agency for all funds provided by the COUNTY for the purposes of implementing this Agreement and the Lease. RCUH may contract, as necessary, with CTAHR to conduct research. This Agreement shall be effective from , 1997 to unless sooner terminate as herein proV ded. This Agreement may be terminated by any party (a) for cause if any of the other parties are in breach of any material obligation or undertaking under this Agreement and if such breach is not reconciled within thirty (30) days after receipt of written notice of such breach given by one or more of the other parties, or (b) without cause by any party by giving written notice to the other parties of such termination at least sixty (60) days prior to the effective date of termination, provided that no party shall request termination so long as the COUNTY is lessee under the Lease. Modifications to this Agreement shall be made by mutual agreement of all parties in writing. In witness whereof, the COUNTY, the DOA, RCUH and CTAHR have agreed to anfl executed this Agreement by their signatures below. COUNTY OF HAWAII STEVEN K. YAMASHIRO Date Mayor 4 -6EN-T BY:HI DEPT OF AGRICULTURE 8-18-97 ~ 1:09PM ~ Div, Plant Industry 80B 935 1205 # 4 6TATE OF HAWAII DEPARTMENT OF AGRICULTURE JAMES J. NAKATANI Date Chairperson, Board of Agriculture RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII HAROLD S. MASUMOTO Date Executive Director UNIVERSITY OF HAWAII COLLEGE OF TROPICAL AGRICULTURE AND HUMAN RESOURCES CHARLES W. LAUGHLIN Date Dean UNIVERSITY OF HAWAII MARVIN S. ENOKAWA Date Director - Research Services APPROVED AS TO FORM: Corporation Counsel MARJORIE LAU Deputy Attorney General 5