HomeMy WebLinkAboutRES 471 Draft 01 2006-2008 MSY 0!
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. ~~1' OS
RESOLUTION AUTHORIZING THE RECEIPT AND EXPENDITURE OF THE HILO
SALVATION ARMY AWARD OF $100,000 FOR THE PAHOA WEED & SEED 2007
PROGRAM
WHEREAS, the Hilo Salvation Army, 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 Hilo Salvation Army is awarding $100,000 to the Hawaii County Police
Department to assist in making Pahoa safer by increasing prosecution of criminal cases, reducing
criminal activity in the business district, and removing problem offenders from designated areas within
the site; and
WHEREAS, the department will be using these funds for overtime, travel to informational
conferences, and to purchase equipment, such as radar trailer, covert/wireless surveillance system,
LCD projector, computer, cameras, portable screen and crime mapping software to assist with the
objectives of this program; 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 Hilo Salvation Army, attached hereto and incorporated herein by
reference as Exhibit "1 to enable the County to assist in the Pahoa Weed & Seed 2007 program.
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Police and Finance Department.
Dated at Hilo ,Hawaii, this 24th day of Januarv , 2008.
INTR DUCED BY:
Uw--
COUNCIL MEMBER, U Y /FiAWAI'I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
FORD X
I hereby certify that the foregoing RESOLUTION was by the HiGA X
vote indicated to the right hereof adopted by the COUNCIL of HGFFMANN X
the County of Hawaii on January 24 , 2008 IKEDA g
JACOBSON X
ATTEST NAEOLE X
PILAGO g
YAGONG X
YOSHIMOTO X
8 0 1 0
Reference C-893 F'C-221
~ l 4'71 O S
CEO NY'Y CLERK CHAI I1~GOFFICE RESOLUTION NO.
AGREEMENT FOR PROVISION OF SERVICES
This Agreements made this day of , 2007, by and between the
HILO SALVATION ARMY, whose business address is P.O. Box 5085, Hilo, HI 96720 and the
COUNTY OF HAWAII, whose business address is 349 Kapiolani Street, Hilo, Hawaii 96720.
WITNESSETH
Whereas, the HILO SALVATION ARMY through the State Attorney General's Office has
received funds through the State Legislature Act 40 designated for Pahoa Weed & Seed; and
Whereas the HILO SALVATION ARMY has issued that certain Agreements for Provision
of Services, (hereinafter referred to as "APS"); which said proposal will be based, in pazt, 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 pazties agree as follows:
SECTION ONE TERM
This Agreement shall take effect on October 1, 2007 and expires on September 30, 2008.
SECTION TWO SCOPE OF WORK
The COUNTY OF HAWAII agrees to supply such services as aze necessary 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.
¦ Travel:
o CCDO National Conference (2 @ $1,745=$3,490)
o Statewide 2 day meeting (1 @ $445=$445)
o Statewide 1 day meeting (2 @ $240=$480)
o Transportation ($85)
Total Travel $4,500.00
• Equipment:
o Radar Trailer (1 @ $10,000)
o CovertlWireless Surveillance System (1 @ $6,000)
Total Equipment $16,000.00
¦ Supplies:
o LCD Projector (1 @ $1,800)
o Desktop computer and software (1 @ $1,100)
o High speed Internet ($700)
o Portable screen (2 @ $730=$1,460)
o Crime Mapping Software ($4,500)
EXHIBIT "1"
o Digital SLR Cameras (2 @ $800=$1,600)
o Neighborhood watch materials ($466)
o Anti-drug & Alcohol Educational Materials ($1,322)
Total Supplies $12,948.00
• Consultant/Contracts:
o Community Crime Prevention Education ($28,000)
0 4 person CRU detail ($24,776)
o Event Security ($5,928)
o Sp Proj Event Security ($7,848)
Total Consultant/Contracts $66,552.00
TOTAL $100,000.00
SECTION THREE COMPENSATION
In consideration of the above services it is mutually agreed by the parties that the COUNTY
OF HAWAII shall be compensated by the HILO SALVATION ARMY 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). Final approval must be received through the HILO SALVATION ARMY
via Alvin Jitchaku (contact information below). Invoices will be sent to Hilo Salvation Army, P.O.
Box 5085, Hilo, HI 96720, attention to Koral Wilson (phone: 808-935-4411, email:
koral Wilson@usw.salvationarmy.org). 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 HILO SALVATION ARMY in its sole discretion,
determines that the services provided by the COUNTY OF HAWAII are unsatisfactory, inadequate,
or otherwise suited for the work required under the APS, HILO SALVATION ARMY 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 HILO
SALVATION ARMY will upon ten (10) days written notice, cancel this Agreement.
SECTION FIVE RECORDS & REPORTS
During the term 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:
HILO SALVATION ARMY
Attn: Koral Wilson
P.O. Box 5085
Hilo, Hawaii 9620
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 transfer or 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 Agreement, 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 Pauline Pavao, P.O. Box 5085, Hilo, HI 96720, Phone: 808-935-4411, Email:
Pauline~avao@usw.salvationarmy.org. 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 COiJNTY OF HAWAII shall identify one (1) representative who shall be responsible to
communicate all 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:
1. 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 pazty, and such knowledge is documented;
3. To the extent that such information was public knowledge at the time received by the other
pazty, 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 arbitration 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.
HILO SALVATION ARMY COUNTY OF Hawaii
By: By:
PAULINE PAVAO HARRY KIM
ITS ADMIIVISTRATOR ITS MAYOR
RECOMMEND APPROVAL: APPROVED AS TO FORM AND LEGALITY:
HARRY S. KUBOJIRI CORPORATION COUNSEL
DEPUTY POLICE CHIEF
ACTING POLICE CHIEF