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Home My WebLink AboutRES 097 Draft 01 2006-2008 Ntv os M~ " ~4 COUNTY OF HAWAII STATE OF HAWAII • o. RESOLUTION NO. 9'7 O'i RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII TOURISM AUTHORITY, PURSUANT TO HRS 46-7, FOR THE HAWAII COUNTY TOURISM STRATEGIC PLAN WHEREAS, the Hawaii Tourism Authority created a statewide Tourism Strategic Plan in 2005 and subsequently funded the plans for each of the islands, including Hawaii Island in December 2006; and WHEREAS, the Mayor has approved the plan and now these funds from Hawaii Tourism Authority will be used to launch the plan to all of the relevant tourism-industry stakeholders, as well as the residents of the community; and WHEREAS, the County will provide the administration and oversight duties for the plan, including plan dissemination and communications, which shall include, but not limited to, lead and supporting organizations and other tourism stakeholders, including Hawaii island residents; 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, 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, a letter of agreement with the Hawaii Tourism Authority, attached hereto and incorporated herein by reference as Exhibit "A", for services related to the Hawaii County Tourism Strategic Plan. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the above-referenced agreement and any related documents on behalf of the Office of the Mayor and the County of Hawaii pursuant to the Hawaii County Charter. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Departments of Finance and Research & Development. Dated at xona ,Hawaii, this 4th day of April , 2007. INTRODUCED BY: wv`,-` COUNCIL MEMB , C Y OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX FORD X [ hereby certify that the foregoing RESOLUTION was by the HIGA X vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X the County of Hawaii on April 4 , 2007 iKEDA X ATTEST JACOBSON NAEOLE X PILAGO X YAGONG X YOSHIMOTO X 9 0 0 0 ~ eference C-233/F'C-76 ~a~ COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 'y7 V e a. 4\: 1 LINDA LINGLE Govamor 34, i ~ NEX D. JOHNSON gi Hawaii Tourism Authority ireabem end Cab( EneeuNVe OHieer ~Ctp pe~•°~ Hawaii ConvmGon Cmttt, 1801 Kal4kaua Avenue, Honolulo, Hawaii 96815 Telephone (808) 973-2255 Website: www.hawaiitourismauthority.org Faz: (808) 973-2253 LOA No. HTA-L-07-26 , February 15, 2007 r' ` • LETTER OF AGREEMENT Ms. Jane Testa Director Department of Reseazch and Development `,V: t County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Testa: This letter confirms an Agreement between the Hawaii Tourism Authority (HTA) hereinafter referred to as "STATE," by its President and Chief Executive Officer, Rex D. Johnson, and the County of Hawaii, hereinafter referred to as "CONTRACTOR," whose principal address is 25 Aupuni Street, Hilo, Hawaii 96720 and whose Taxpayer Identification No. is 99-6000567 for services related to planning oversight for the Hawaii County Tourism Strategic Plan: 2006-2015, (hereinafter referred to as the "PLAN"). The parties hereto agree to the terms, conditions, and provisions as follows: 1. Scope of Services. The CONTRACTOR shall perform and provide, in a satisfactory and proper manner as deternrined by the STATE, all goods and services described below: a. Provide PLAN oversight duties, including plan dissemination and communications, which shall include, but not be limited to, lead and supporting organizations and other tourism stakeholders, including Hawaii island residents. b. Conduct any necessary meetings with Hawaii island tourism stakeholders to enable PLAN implementation progress, including progress in meeting PLAN objectives and completing action steps. c. Track performance scorecazd measurements, including identifying and recommending any new measurements and obtaining new data as necessary. d. Provide a quarterly progress reports to the STATE, as well as any PLAN progress and revisions. EXHIBIT "A" e. Provide a 12-month recap and written report to the STATE, as well as any PLAN progress, including, but not limited to, performance scorecazd data updates and any PLAN revisions. f Furnish any additional reports or information that the STATE may, from time to time, require or request, including a progress report describing status of all work required to be completed under this Agreement. 2. Time of Performance. The services described herein shall commence on the effective date of this Agreement and all services under this Agreement shall be completed by January 31, 2008, unless this Agreement is sooner terminated as hereinafter provided. This Agreement maybe amended to extend the time of performance upon prior written approval by both the CONTRACTOR and the STATE. 3. Compensation and Method of Payment. In consideration for the services to be rendered under this Agreement, the STATE agrees to pay to the CONTRACTOR a total sum of money not to exceed TWENTY-FOUR THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($24,750.00), tax inclusive. Payment shall be made to the CONTRACTOR by the STATE in accordance with pazagraph 17 of the "General Conditions," and shall be subject to the following provisions: a. FOUR THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($4,950.00) within 30 days after the execution of this Ageement, after the CONTRACTOR has received a notice to proceed from the STATE, and upon the STATE's prior receipt and approval of an original invoice for said amount and a description of planning oversight activities for the 12-month period. b. FOUR THOUSAND NINE HUNDRED FIFTYAND NO/100 DOLLARS ($4,950.00) upon the STATE's prior receipt and approval of a l~` quarter progress report on PLAN oversight activities and accomplishments and an original invoice for said amount. c. FOUR THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($4,950.00) upon the STATE's prior receipt and approval of a 2"d quarter progress report on PLAN oversight activities and accomplishments and an original invoice for said amount. d. FOUR THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($4,950.00) upon the STATE's prior receipt and approval of a 3rd quarter progress report on PLAN oversight activities and accomplishments and an original invoice for said amount. e. FOUR THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($4,950.00) upon the STATE's prior receipt and approval of a final report documenting PLAN oversight activities and accomplishments, updated scorecazd measurements and any PLAN revisions, an original invoice for said amount, and satisfactory completion of all services in accordance with this Agreement. The CONTRACTOR shall submit to the STATE all requested reports, including written quarterly progress reports and annual final written reports, detailing activities and use of funds with a certification by the CONTRACTOR that all the work for which funds were utilized were performed in accordance with this Agreement. Progress payments shall not be construed as final acceptance of services required under this Agreement. The CONTRACTOR aclmowledges and agrees to perform all services in accordance with this Agreement for an amount not to exceed TWENTY-FOUR THOUSAND AND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($24,750.00), tax inclusive, as specified above, and subject to the availability of funds. All STATE funds not expended in accordance with the provisions set forth in this Agreement shall be returned to the STATE. 4. Genera] Conditions. The General Conditions (AG-008 Rev. 11/3/2006) aze attached hereto and incorporated herein as a part of this Agreement. 5. Special Conditions. a. The acceptance of this Agreement by the CONTRACTOR serves to bind said CONTRACTOR with regard to the CONTRACTOR'S fulfillment of al] the temis, conditions, and provisions as set forth in this Agreement. b. Notwithstanding any provisions or representations to the contrary, any conflict among the vazious provisions of this Agreement shall be resolved by allowing the various provisions in the following documents, in order of priority, to control: 1. This Ageement and the above-referenced pazagraphs 1-3; and, 2. The General Conditions, attached hereto and incorporated herein. FEB 1 5 2007 Rex D. Johnson Date President and Chi utive Officer Jane Testa, pirector Date County of Hawaii Department of Reseazch and Development County of Hawaii Date Office of Corporate Counsel County of Hawaii Date Office of the Mayor