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HomeMy WebLinkAboutCOM 0720.000 1996-1998 1,I,r;~. Donna Fay K. Kiyosaki i Chief Engineer Stephen K. Yamashiro ~+yur = - - - - Jiro A. Sumach ~Tf OF~N~%` Dryuty Chief Engineer i ~n~x~#g >of ~~~xrxii DEPARTMENT OF PU~IG WORKS 25 Aupuni Street, Room 202 Hilo, Hawaii 96720-4252 (808) 961-8321. Fax (SOS) 961-8630 February 9, 1998 HONORABLE CHAIRMAN AND MEMBERS HAWAII COUNTY COUNCIL 25 AUPUNI STREET HILO HI 96720 SUBJECT: RESOLUTION AUTHORIZING MULTI-YEAR FUNDING FOR THE STATEWIDE WASTEWATER TREATMENT WORKS OPERATOR TRAINING FACILITY Pursuant to Section 10-I I of the Hawaii County Charter, we submit a resolution authorizing the County to enter into amulti-year Memorandum of Agreement for the Statewide Wastewater Treatment Works Operator Training Facility, for the operation and maintenance of that facility. A copy of the memorandum of agreement is enclosed for your information. Your consideration and adoption of the resolution is appreciated. If there are any questions, please do not hesitate to call Mr. Peter Boucher, Wastewater Division Chief, at 961-8338. DONN AY K. KIYOS K APPROVED: Chief Engineer n Enclosures ~ -.l~~--r ~ ~ ` ~ Cc: WWD ~~,5'I'EPHEN K. AMASHIRO Mayor r - ~ 72 O IAtI® x~. s W Irae. 'ro~__ ~ e liar. I)ate._ r t8 9 19~ MEMORANDUM OF AGREEMENT FOR THE STATEWIDE WASTEWATER TREATMENT WORKS OPERATOR TRAINING FACILITY THIS AGREEMENT, made and entered into as of this day of 19_, by and between the DEPARTMENT OF HEALTH, STATE OF HAWAII, hereinafter referred to as the "DEPARTMENT," and COUNTY OF HAWAII hereinafter referred to as the "COUNTY," WITNESSES THAT: WHEREAS, approximately 5500 million of federal, state and county funds have been expended during the past fifteen (15) years to construct wastewater treatment works; WHEREAS, the importance and need for competent wastewater treatment plant operators is essential in order to realize public health and water quality objectives as well as to maximize the benefits of the investment of public funds; WHEREAS, pursuant to Section 3408-3, Hawaii Revised Statutes, the DEPARTMENT is authorized to issue certificates entitling qualified individuals to operate wastewater treatment plants; WHEREAS, the success of the Hawaii Law for Mandatory Certification of Operating Personnel in wastewater treatment plants depends heavily on the implementation of a statewide training center; WHEREAS, pursuant to Section 1091b) of Public Law 95-277, the U.S. Environmental Protection Agency awarded a grant of 5500,000 to the DEPARTMENT to establish a facility to train and update wastewater treatment works operation and maintenance personnel on a statewide basis; WHEREAS, pursuant to Section 44, Act 216, 1987 Hawaii Session Laws, the Legislature of the State of Hawaii appropriated funds to the DEPARTMENT to administer the statewide wastewater treatment operator training facility only on the condition that the COUNTY also provides a share of nonstate funds for the operating costs of the facility; and WHEREAS, the DEPARTMENT desires to obtain the required funding and participation to operate and maintain the statewide wastewater treatment operator training facility and the COUNTY is ready, willing, and able to provide such funding and participation; NOW, THEREFORE, the parties hereto mutually agree, subject to and in accordance with the terms and conditions as stated, as follows: 1 . Organization: The COUNTY shall provide a representative to the Board of Directors. The Board of Directors shall be made up of one (1) representative from each county of the State of Hawaii and one (1) representative from the DEPARTMENT. Each member shall have one (1) vote. Except for the provisions of paragraph 4.C., three (31 votes shall be required for any final action of the Board of Directors. Final action of the Board of Directors shall be required for any action to be considered by the DEPARTMENT and no individual action of one county shall bind or be construed to bind the Board of Directors. The DEPARTMENT'S representative shall serve as contact for the Board of Directors and shall be responsible for arranging for the time and place of the Board of Directors' meetings. -z- The Board of Directors shall be responsible for the following: a. Determine the training needs to be addressed annually. b. Set the annual budget for the operation of the training center. c. Approve the annual training action plan. 2. Participation: The efforts of the COUNTY and other participants are equally essential to the successful operation of this training program. The COUNTY shall devote reasonable effort to the training program and shall cooperate with the other participants to the fullest extent. Complete access to the training resources and facility shall be available to the COUNTY. Training requirements for the COUNTY shall be determined by the Board of Directors annually in order to best fulfill the needs of the COUNTY and the State. 3. Management: The DEPARTMENT shall act as overseer and perform the following services: a. Consider all recommendations by the Board of Directors. b. Collect and manage the funds received from the counties, State, federal government, and private sources. Funds received shall be held in an independent account to be only used for the operation of the training facility. c. Provide an administrator and other staff support necessary to operate the training facility. d. Integrate training and technical assistance. e. Formally assess training and technical assistance needs. f. Develop and implement training action plan. g. Prepare annual reports for submittal to the Board of Directors. 4. Contribution: The contribution of each party shall be as follows: a. The DEPARTMENT shall contribute at least FORTY PERCENT (40%) of the total annual operating cost of the training center and provide oversight for the operation of the statewide wastewater treatment operator training facility. The City and County of Honolulu, County of Hawaii, County of Kauai, and County of Maui shall contribute SIXTY PERCENT (60%) on the remaining balance of the nonstate funded costs for the operation of the Statewide Wastewater Operator Training Center. b. The COUNTY shall contribute FOURTEEN PERCENT (14%) of the nonstate share of the annual operating cost of the training center and may contribute to a pool of instructors composed of operators or technicians with strengths in different areas of operation and maintenance. Instructors from private, profit-motivated firms, may be utilized on an as-needed basis. ~ -3- c. The total annual operating budget shall not exceed ONE HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED DOLLARS (S142,5001 for fiscal year 1998-99. The annual increase of the operating budget shall not exceed TEN PERCENT (10%). Four (4) votes by the Board of Directors are required to set the annual operating budget. d. Other sources of funds shall be utilized whenever available to reduce the DEPARTMENT'S and COUNTY'S contributions. 5. Term of Agreement: The term of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a minimum period of ten (10) years. This Agreement may be subsequently terminated by written notice of any party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. DEPARTMENT OF HEALTH, STATE OF HAWAII By Its Director of Health COUNTY OF HAWAII By Its Mayor RECOMMEND APPROVAL: DONNA F Y K. KIYOSAKI CHIEF ENGINEER APPROVED AS TO FORM AND LEGALITY: v"w'`M-- ,.,i'Ui'( COR ATION COUNSEL COUNTY OF HAWAII