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HomeMy WebLinkAboutRES 261 Draft 01 2004-2006 4~Mty of y,~,' C~, COUNTY OF HAWAII STATE OF HAWAII 1,Tt Of,M',,,r RESOLUTION NO. 261 f)6 RESOLUTION AUTHORIZING THE RECEIPT AND EXPENDITURE OF THE YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) AWARD OF $33,500 FOR THE PAHOA WEED & SEED PROGRAM WHEREAS, the Young Men's Christian Association (YMCA) of Honolulu, through the State of Hawaii Attorney General's Office, has received funds through the State Legislature Act 40, Session Laws of Hawaii 2004, designated for the Pahoa Weed & Seed program; and WHEREAS, the YMCA is awarding $33,500 to the Hawaii County Police Department to allow them to perform certain services related to faw enforcement noted in the Pahoa Weed & Seed proposal and to use the funds for their overtime expenses and to purchase equipment such as portable screens, night vision monoculars, surveillance cameras, and laptop computers; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to expend and receive any funds or other assistance from the federal or state governments in connection with projects being or to be undertaken pursuant to any powers granted by law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it authorizes the receipt and expenditure of funds awarded to the Police Department. BE IT FURTHER RESOLVED, 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 for Provision of Services with the YMCA, attached hereto and incorporated herein by reference as Exhibit "1", to enable the County to assist in the Pahoa Weed & Seed program. ~I I ~E IT FURl"HtER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Police and Finance Department. Dated at Kona ,Hawaii, this 22nd day of March , 2006. INTRODUCED 8Y: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii .OYES NOES ABS EX ARAKAKI X hereby certify that the foregoing RESOLUTION was by the RIGA X vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X the County of Hawai `i on March 2 2 , 20 0 6 HOLSCHUH X [KEDA X ATTEST ISBELL X JACOBSON X PILAGC) X SAPARIK Ref nce C-697/FC - 2 4 5 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. AGREEMENT FOR PROVISION OF SERVICES This Agreements made this day of , 2006, by and between the YOUNG MEN'S CHRISTIAN ASSOCIATION ("YMCA"), whose business address is 1441 Pali Highway, Honolulu, HI 96813 and the COUNTY OF HAWAII, whose business address is 349 Kapiolani Street, Hilo, Hawaii 96720. WITNESSETH Whereas, the YMCA of Honolulu through the State Attorney General's Office has received funds through the State Legislature Act 40 designated for Pahoa Weed & Seed; and Whereas, the YMCA has a proposal pursuant to the Agreements for Provision of Services (hereinafter referred to as "APS"), which said proposal will be based, in part, on the ability to subcontract certain work to other organizations; and the COUNTY OF HAWAII is willing and ready to perform certain services related to law enforcement noted in the Pahoa Weed & Seed Act 40 proposal. Now, therefore, for the reasons recited above, and in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: SECTION ONE TERM This Agreement shall take effect on January 1, 2005 and expires on December 31, 2006. SECTION TWO SCOPE OF WORK The COUNTY OF HAWAII agrees to supply such services as aze necessazy for the prompt and efficient delivery of services as required under the APS. The COUNTY OF HAWAII hereby agrees to perform and supply the following minimum and/or mandatory tasks, responsibilities, and services to the Pahoa Weed & Seed site. • Purchase law enforcement equipment: o Night vision monocular for police officers (1 @ $900) o Portable screen (2 @ $300 = $b00) o Laptop computers for police officers and prosecutors (4 @ $1,875 = $7,500) o Surveillance cameras and support equipment ($7,500) Total Law Enforcement Equipment $16,500.00 • Utilize funds designated for law enforcement as noted in the approved attached proposal: o Police Overtime ($40/hour x 250 hours = $10,000) o Community Policing/School Resource Officer overtime ($35/hour x 100 hours x 2 _ $7,000) Total Overtime $17.000.00 TOTAL $33,500.00 SECTION THREE COMPENSATION EXHIBIT "1" In consideration of the above services it is mutually agreed by the parties that the COUNTY OF HAWAII shall be compensated by the YMCA by way of monthly billings as prescribed by the APS. The total amount of compensation for this contract will not exceed the individual expenditure categories noted under the "Scope of Work." If costs for the items exceed or is under what was budgeted, preliminary approval through the Pahoa Weed & Seed Steering Committee is needed to make any changes -this approval will be done through the Prosecutor's Office (Mitchell Roth) or the Site Coordinator (Lon Brown). Final approval must be received through the YMCA of Honolulu via Reina Miyamoto (contact information below). Invoices will be sent to Weed & Seed, 401 Atkinson Drive, Honolulu, HI 96814, attention to Reina Miyamoto (phone: 808-951-1304, email: weedseedy@hotmail.com). Invoices must be accompanied by copies of certified overtime spreadsheets and receipts for purchases. SECTION FOUR FAILURE TO PERFORM In the event that the COUNTY OF HAWAII fails to perform or supply such services as may be required under this Agreement, the YMCA in its sole discretion, determines that the services provided by the COUNTY OF HAWAII aze unsatisfactory, inadequate, or otherwise suited for the work required under the APS, YMCA will communicate performance deficiencies to the COUNTY OF HAWAII with a 30-day period in which to cure the identified deficiency. Thereafter, if the deficiency continues, the YMCA will upon ten (10) days written notice, cancel this Agreement. SECTION FIVE RECORDS & REPORTS During the tern of this Agreement, each party shall keep complete and accurate books and records to permit proper determination of revenues and expenses. Each party shall make such records available to the other party at any time during reasonable business hours. Quarterly Financial Report detailing actual and budget expenditures is required using the provided reporting form. Financial reports are submitted to: YMCA of Honolulu Attn: Shirley Wong 1441 Pali Highway Honolulu, HI 96813 SECTION SIX ASSIGNMENTS & TRANSFERS Neither party shall assign or transfer its rights or duties under this Agreement without the express written consent of the other party. Any transfer or assignment made without the consent of the other party shall not relieve the transferor assignor of its duties or obligations under this Agreement and shall give the non-assignment or non-transferring party the right to immediately cancel this Agreement. SECTION SEVEN ARBITRATION The parties declare that the terms of this Agreement are controlling as to each of them. Any matter of dispute, and which is not provided for in this Agreement, shall be submitted to arbitration and be conducted pursuant to the rules of the American Arbitration Association. SECTION EIGHT DISSOLUTION OR BANKRUPTCY OF A PARTY The dissolution, voluntary or involuntary, the filing for bankruptcy, or determination of insolvency by an independent party, of either party shall cause this Agreement to be immediately cancelled. SECTION NINE TERMINATION Either party to this Agreement, may elect to cancel and terminate this Agreement for any reason at the close of a business day in the last calendar day of the month by giving to the other party not less than thirty (30) days written notice of the decision to so terminate this Ageement, or such shorter time as is mutually agreed upon by the parties to this Agreement and reduced to writing. SECTION TEN NOTICE Any notice or other communication required or permitted by this Agreement shall be in writing to Ms. Reina Miyamoto, Weed & Seed Operations Officer, 401 Atkinson Drive, Honolulu, Hawaii 96814, Phone: 808-951-1304, Email: weedseedy@hotmail.com. Such notice or communication shall be sufficient on the date of mailing if sent by certified or registered mail, postage prepaid addressed to the parties set forth above. The COUNTY OF HAWAII shall identify one (1) representative who shall be responsible to communicate al] issues relating to the Agreement and program fiscal performance. SECTION ELEVEN CONFIDENTIALITY AGREEMENT To the extent that confidential information and materials aze disclosed between the parties, each party shall use reasonable efforts to prevent disclosure to others of information released related to the products utilized to this Agreement, except as follows: l . With written consent of the other party; 2. To the extent that such information was known to a party prior to the receipt of it from the other party, and such knowledge is documented; 3. To the extent that such information was public knowledge at the time received by the other party, or later became public knowledge through no fault of the receiving party; 4. To the extent that such information was lawfully obtained from a third party; or 5. To the extent that disclosure is necessary to meet governmental laws, regulations, or requirements. SECTION TWELVE MODIFICATIONS This Agreement constitutes the full understanding of the parties as to the extent of their rights and obligations under the Agreement. No oral or written statements or Agreements made prior to execution of this document shall modify the terms of this Agreement. This Agreement may not be amended unless such amendment is in writing, signed by the parties, and specifically indicates that it amends this Agreement. SECTION THIRTEEN GOVERNING LAW, WAIVER This Agreement shall be construed in accordance with the law of the State of Hawaii, and any disputes arising hereunder shall be submitted to azbitration pursuant to Section VII above. SECTION FOURTEEN SERVABILITY Should any provision in the Agreement be held invalid or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired. In witness thereof, the parties have executed this Agreement on the day and yeaz first above written. YOUNG MEN'S CHRISTIAN ASSOC: COUNTY OF Hawaii By By LARRY BUSH HARRY KIM ITS PRESIDENT ITS MAYOR RECOMMEND APPROVAL: APPROVED AS TO FORM AND LEGALITY: LAWRENCE K. MAHUNA Corporation Counsel POLICE CHIEF STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2006, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notazy Public, State of Hawaii My commission expires: STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2006, 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 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 said HARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: