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HomeMy WebLinkAboutRES 668 Draft 01 2006-2008COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. ACS 08 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE HAWAII TOURISM AUTHORITY, PURSUANT TO HRS 46-7, FOR A SECURITY CAMERA PROGRAM GRANT WHEREAS, the Hawaii Tourism Authority created a statewide Tourism Strategic Plan in 2005 that identified various Tourism Strategic Initiatives, including a Safety and Security Initiative; and WHEREAS, an objective for the Safety and Security Strategic Initiative is to support and strengthen criminal deterrence and law enforcement efforts by developing crime deterrence measures such as warning signage, fixed camera systems and other security systems in parks or scenic areas with high visitor counts, to more effectively deter illegal activities; and WHEREAS, the Hawaii County Police Department will implement a Security Camera Program to establish a security camera surveillance system in public areas and especially those areas frequented by visitors and determined as the best opportunities for success by government agencies, community groups, and businesses affected by the new camera system; 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 memorandum of understanding, attached hereto and incorporated herein by reference as Exhibit "A", to enable the County to implement the Security Camera Program. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the above-referenced memorandum of understanding 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 Finance and Police Departments. Dated at xilo ,Hawaii, this 3rd day of June , 2008. INTRODUCED BY: '1 ~ w~-=- L COUNCIL MEMBERI'~O T OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii l hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on June 3, 2008 ATTEST ~~K ~ AMA & RESIDI G OF'FIC ROLL CALL VOTE AYES NOES ABS EX r'oRn X I IICA R HOPFMANN IKEDA R .IACOBSON g NAEOLE R NILAGO g YAGONG R YOSHIMOTO R 6 0 3 0 Reference G1257/Waived FC RESOLUTION NO. X68 ~-g MEMORANDUM OF UNDERSTANDING Between The HAWAII TOURISM AUTHORITY And The COUNTY OF HAWAII Relating To The Establishment Of A Security Camera Surveillance System In Public Areas Frequented By Visitors This Memorandum of Understanding ("MOU"), is effective as of 2008, between the HAWAII TOURISM AUTHORITY, STATE OF HAWAII ("HTA"), by its President and Chief Executive Officer, Rex D. Johnson, whose business address is 1801 Kalakaua Avenue, Honolulu, Hawaii, 96815, and the County of Hawaii ("COUNTY"), by and through its duly authorized undersigned Officers, and whose business address is 349 Kapi`olani Street, Hilo, Hawaii, 96720. RECITALS WHEREAS, the Hawaii Tourism Strategic Plan: 2005-2015 ("STATE TSP") identified vazious Strategic Initiatives, including a Safety and Security Strategic Initiative; WHEREAS, an objective for the Safety and Security Strategic Initiative is to support and strengthen criminal deterrence and law enforcement efforts by developing crime deterrence measures such as warning signage, fixed camera systems, and other security systems in pazks or scenic areas with high visitor counts to more effectively deter illegal activities; WHEREAS, in response to the STATE TSP, the CITY AND COUNTY OF HONOLULU, COUNTY OF HAWAII, COUNTY OF KAUAI, and COUNTY OF MAUI have adopted their own tourism strategic plan and respectively entitled the "O`ahu Tourism Strategic Plan: 2006-2015," the "Hawai`i Island Tourism Strategic Plan: 2006- 2015" ("Hawai`i Island TSP"), the "Kaua`i County Tourism Strategic Plan: 2006-2015," and the "Maui Tourism Strategic Plan: 2006-2015"; WHEREAS, within each county tourism strategic plan, various objectives for the plan were provided, including the following: "Objective 4: To maintain and improve visitor satisfaction with their experience" within each county ("Objective 4"); EXHIBIT °`A" WHEREAS, the Hawaii Island TSP provided the following strategic direction to implement Objective 4: "Support efforts to increase safety and security for visitors and residents at public places, such as beach pazks, events, harbors, and cultural sites"; WHEREAS, the HTA has completed a "State Park Surveillance Pilot Program," which sought to measure the effect of video surveillance in reducing crime at high traffic tourist locations by placing cameras with a surveillance program at `Ehukai Beach Park and the Pali Lookout in 2005 and 2006; and, that a finding of the Pilot Program was that there was a significant reduction on the number of unauthorized entry into motor vehicle cases when compared to the period when the cameras and the surveillance program were not in place; WHEREAS, in 2007, the HTA contracted with Tourism & More, a national and local security consulting firm, to assess Hawai`i's visitor safety and security needs, and to make recommendations for achieving the goals and objectives of the Safety and Security tourism strategic initiative; and, that a "high priority" recommendation was to increase the use of closed circuit television camera surveillance in high crime areas; WHEREAS, the HTA desires to implement a Statewide Security Camera Program ("Statewide Program") to establish a security camera surveillance system within each county and in public areas, such as beach parks, events, harbors, and cultural sites, and especially those areas frequented by visitors (hereinafter referred to as "Public Areas"); and, has determined that the best opportunities for success of a Statewide Program is to seek the support and collaboration of the various counties and community stakeholders, including the coordination with county police departments, state and county park administrators and enforcement agencies, community associations, community area residents and businesses, and any other stakeholder affected by a security camera surveillance system operating within the Public Areas in each county; and, WHEREAS, the COUNTY desires to support the implementation of the Statewide Program through the establishment of a security camera surveillance system in Public Areas on the island of Hawaii as a means to increase the safety and security for visitors and residents. NOW, THEREFORE, in consideration of the promises provided herein, the HTA and the COUNTY hereby acknowledge and agree as follows: Statewide Program Goal The goal of the Statewide Program is to improve resident and visitor safety by the efficient and sustained operation of a camera surveillance system in each county to monitor and deter unlawful activity at Public Areas. Statewide Program Obiectives The Statewide Program shall achieve the following objectives: 2 a. To provide for the acquisition, installation, ownership, operation, management, and maintenance by each county of security cameras and a surveillance system to monitor and deter unlawful activity at Public Areas; b. To provide a security camera and surveillance system, which can be used by law enforcement agencies to monitor Public Areas on a real time basis and to further record and archive vital information to support criminal investigation and prosecution; and, c. To establish a security camera and surveillance system, which has substantial end-user flexibility, efficiency, long-term cost-effectiveness, and compatibility with the current and future infrastructure maintained by government agencies, especially the county law enforcement agencies. 3. Statewide Program Requirements a. The COUNTY shall submit for THE HTA's approval, a plan to establish a security camera surveillance system that will achieve the goal and objectives of the Statewide Program, including a proposal for the HTA to fund only the capital costs for the purchase of security cameras and integrated surveillance equipment. b. The plan shall clearly demonstrate the following: i. The manner in which the COiJNTY will establish a security camera surveillance system to achieve the goal and objectives of the Statewide Program; ii. Significant level of efficient integration and compatibility with supporting human resources and mechanical processes, systems, and procedures; iii. Significant level of support by and "buy in" from affected agencies and community stakeholders, including the coordination with the law enforcement officials on the state and county levels, state and county park administrators and enforcement agencies, existing law enforcement or community-based programs related to crime reduction, community associations, community area residents and businesses, and any other stakeholder affected by a security camera surveillance system operating within Public Areas; iv. Valid and reliable plans for the COUNTY to procure, purchase, install, own, and maintain the security surveillance cameras and all necessary integration equipment by June 30, 2009; and, that said cameras and equipment will provide efficient and flexible system configuration, integration and/or interface, and compatibility with all existing and proposed infrastructure; v. Reliable and detailed documentation of operating agreements and/or standard operating procedures between participating agencies and community stakeholders that clearly delineates and assigns the various responsibilities and procedures for the efficient tnonitoring and surveillance of Public Areas utilizing the security cameras installed at a public area to provide real time response to unlawful activity and the recording of unlawful activity; vi. A detailed listing of the various Public Areas being proposed and/or selected for the installation of surveillance cameras and the rationale or criteria utilized for the selection of the Public Areas; vii. A clear understanding of the limitations, needs, and requirements related to the placement of surveillance cameras at the proposed and/or selected Public Areas; viii. A reliable budget detailing the vazious sources of funding and expense categories, on an annual basis, and related to the development, design, engineering, acquisition, equipment purchase, installation, integration, monitoring and surveillance, operation, and maintenance of the security camera surveillance system at Public Areas, including a schedule of periodic payments from the HTA to the COUNTY; ix. Capability to expand economically and efficiently beyond the initial scope or coverage of the camera surveillance system to additional Public Areas, including the portability of the system to other locations economically and efficiently; x. Sufficient expertise, experience and/or knowledge in managing a similar security camera surveillance system or other law enforcement surveillance system with effective results, including the coordination and obtaining support and "buy-in" from affected government agencies and community stakeholders; and, xi. A reliable and viable process and plan for sustaining the monitoring and surveillance of the Public Areas and the operation and maintenance of the entire camera surveillance system and other integrated equipment beyond the initial acquisition and installation of cameras and equipment. c. The HTA maintains the sole discretion to determine whether the plan proposed by the COUNTY will achieve the goal and objectives of the Statewide Program and the amount of funding provided to the COUNTY, if any, to implement its plan. 4. Fundine a. Upon receipt from the COUNTY of a plan to establish a camera surveillance system on the island of Hawaii, which fulfills the goal, objectives, and requirements of the Statewide Program described herein, the HTA may determine to authorize funding for only the capital improvement costs related to acquiring and owning the necessary cameras and surveillance equipment to achieve the goal and objectives of the Statewide Program. b. The COUNTY acknowledges and agrees that the HTA has not authorized any of its funds to be utilized for the payment of services arising from or related to the monitoring and surveillance of Public Areas, and for expenses related to the 4 operation and maintenance of the security camera surveillance cameras and equipment. c. Upon receipt of confirmation from the HTA that the COUNTY's plan and budget has been approved, the COUNTY will begin to implement the plan. d. The HTA shall make periodic payments to the COUNTY in the manner described in the approved budget and in this MOU; provided that the total amount shall not exceed FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00). 5. Term The term of this MOU shall begin upon its effective date and terminate on June 30, 2009, unless otherwise extended or terminated earlier upon mutual agreement of the parties. 6. Amendment This MOU may be amended at any time upon the prior written approval of both parties. 7. Termination The COUNTY reserves the right to terminate this MOU without penalty should it be unable to obtain approval from the Hawaii County Council to: a. Accept and expend the funding provided herein; b. Accept any terms relating to indemnification; and, c. Fund ongoing maintenance and monitoring costs of the security camera surveillance system described herein. 8. Availability of Funds The COUNTY acknowledges and agrees that the HTA's ability to compensate the COUNTY under the provisions provided herein shall be subject to the legislative appropriation of funds from the Tourism Special Fund, the collection of transient accommodation tax revenues, any Governor's directive restricting the expenditure of state funds, or any unforeseen or emergency circumstance determined by the HTA Board of Directors to require the immediate reallocation of budgeted funds. Upon notice to the COUNTY that the HTA lack funds to compensate the COUNTY under this MOU and prior to any legally binding obligation incurred by COUNTY to purchase any security camera surveillance system, this MOU shall automatically terminate without any recourse or claim for any damages by the COUNTY. [SIGNATURE PAGE FOLLOWS] IN VIEW OF THE ABOVE, the undersigned parties execute this MEMORANDUM OF UNDERSTANDING, by and through their respective duly authorized undersigned official. COUNTY OF HAWAII By: Its: County of Hawaii RECOMMENDED APPROVAL Lawrence K. Mahuna, Police Chief Hawaii Police Department HAWAII TOURISM AUTHORITY State of Hawaii Rex D. Johnson President & CEO Approved as to form and legality Approved as to form: Deputy Corporation Counsel Deputy Attorney General [Signature Page to Memorandum of Understanding Between The Hawaii Tourism Authority And The Hawaii Police Department, County of Hawaii, Relating To The Establishment Of A Security Camera Surveillance System In Public Areas Frequented By Visitors] 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 memorandum of understanding, attached hereto and incorporated herein by reference as Exhibit "A", to enable the County to implement the Security Camera Program. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the above-referenced memorandum of understanding 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 Finance and Police Departments. Dated at xilo ,Hawaii, this 3rd day of June , 2008. INTRODUCED BY: '1 ~ w~-=- L COUNCIL MEMBERI'~O T OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii l hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on June 3, 2008 ATTEST ~~K ~ AMA & RESIDI G OF'FIC ROLL CALL VOTE AYES NOES ABS EX r'oRn X I IICA R HOPFMANN IKEDA R .IACOBSON g NAEOLE R NILAGO g YAGONG R YOSHIMOTO R 6 0 3 0 Reference G1257/Waived FC RESOLUTION NO. X68 ~-g