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Home My WebLink AboutRES 015 Draft 01 1994-1996COUNTY OF HAWAN STATE OF HAWAII RESOLUTION N0. 35 9~ RESOLUTION AUTHORIZING THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE DEPARTMENT OF THE ARMY, UNITED STATES ARMY CORPS OF ENGINEERS. WHEREAS, the unprecedented rainfall of August 12, 1994 caused the need for cleanup and emergency repair work along the Wailoa Stream in Hilo; and WHEREAS, the United States Department of the Army, through the U.S. Army Corps of Engineers, Pacific Ocean Division, has expressed a willingness to contribute Federal Funds and to provide technical assistance in this effort; and, WHEREAS, one of the requirements of the Wailoa Stream Flood Control project is that the County of Hawaii, by its Mayor, execute a Cooperation Agreement, which is in effect a contract binding the County of Hawaii to the project with specific; obligations, a copy of which agreement is marked as Exhibit A and attached hereto and made a part of this resolution; and WHEREAS, Hawaii Revised Statutes, Section 46-7 authorizes the Council to enter in agreements with the United States Government; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Mayor of the County of Hawaii is authorized to execute the above-noted Local Cooperation Agreement for the County of Hawaii. BE IT FURTHER RESOLVED, that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii, and to the District Engineer, U. S. Army Corps of Engineers, Pacific Ocean Division in Honolulu. Dated: Hilo, Hawaii, January 4, 1995 INTRODUCED BY: COUNCI ,MEMBER, COUNTY OF HAWAII 1110E COUNTY COUNCIL Couaty of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by 1 ~ ~gUNCIL of the County of Hawaii on January 4 , ATTEST: ROLL CALL VOTE ~~~ i;ieferent~ C-29/HS&PWC-1 CO TY CLERK CHAIRMAN & PRESIDING OFFICER s RE9CLUTICN No. 1 9~ AYES NOES ABS EX ARAICAKI X BONK-ABRAMSON X CHILDS X DE LIMA X DCININOO X X RATH X X I•iIT X 9 0 0 0 AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE COUNTY OF HAWAII FOR EMERGENCY ASSISTANCE AT WAILOA STREAM FLOOD CONTROL PROJECT, HILO, HAWAII THIS AGREEMENT is entered into this day of 1994, by and between THE DEPARTMENT OF THE ARMY (hereinafter the "Government") represented by the Commander, U.S. Army Corps of Engineers, Pacific Ocean Division, executing this Agreement, and the County of Hawaii (hereinafter the "Sponsor"); WITNESSETH THAT: WHEREAS, construction of the Wailoa Stream Flood Control Project was authorized by Section 203 of the Flood Control Act, approved 3 September 1954 (Public Law 780, 83rd Congress, 2nd Session); WHEREAS, the Government is authorized to assist in the repair or restoration of flood control improvements threatened or destroyed by recent floods pursuant to Public Law 99, 84th Congress; WHEREAS, the Wailoa Stream Flood Control Project was damaged by a flood brought on by torrential rain on the morning of 12 August 1994; WHEREAS, the Sponsor has provided the Government a written request to repair or restore certain flood control improvements damaged by recent flooding in accordance with Public Law 99, 84th Congress, and established policies of the U.S. Army Corps of Engineers; WHEREAS, the work to be undertaken (hereinafter the "Project") is described in a report entitled "Project Information Report to Wailoa Stream Project, Hilo, Hawaii" prepared by the District Engineer, U.S. Army Corps of Engineers, Honolulu Engineer District, dated 13 October 1994, and approved by the Division Engineer, Pacific Ocean Division, on 2 November 94; and WHEREAS, the Sponsor hereby represents that it has the authority and legal capability to furnish the non-federal cooperation hereinafter set forth and is willing to participate in the Project in accordance with the terms of this Agreement; EXIBIT "A" NOW, THEREFORE, the parties agree as follows: 1. The Govemment, subject to receiving funds appropriated by the Congress of the United States, shall expeditiously construct the emergency repairs at Wailoa Stream, Hilo, Hawaii, applying those procedures usually followed or applied in Federal projects, pursuant to Federal laws, regulations, and policies. The current estimate for the emergency repairs is $478,000. 2. The Sponsor shall provide all lands, easements, and rights of way, including suitable borrow and dredged or excavated material disposal areas, and perform all relocations determined by the Govemment to be necessary for the construction, operation, and maintenance of the Project. 3. The Sponsor shall pay all costs associated with the Government's provision of services for such additional work requested by the Sponsor and identified in the attached information report as debris removal. The debris removal will be from Station 6+00 to 12+00. The Government will remove approximately 7,000 cubic yards of debris from the channel. The Sponsor shall provide the necessary funds to the Government in advance of commencement of work. Such payment shall be made by cash or check made payable to the "Finance and Accounting Office (FAO) U.S. Army Corps of Engineers Pacific Ocean Division." The costs for the debris removal are currently estimated at $200,000. The dollar amounts set forth in this paragraph are based upon the Government's best estimates which reflect projections of costs, price level changes, and anticipated inflation. Such costs estimates are subject to adjustments based upon costs actually incurred and are not to be construed as the total financial responsibilities of the Sponsor. The Government will not incur costs or perform such additional work in excess of this amount unless prior written authorization is given by the Sponsor with the additional funds required. In the event the total contribution by the Sponsor is more than the Sponsor's required share for the debris removal, the Government shall, no later than 90 calendar days after the final accounting for the Project is complete, subject to the availability of funds, return the excess to the Sponsor. In the event existing funds are not available to repay the Sponsor for excess contributions provided, the Government shall seek such appropriations as are necessary to repay the Sponsor for excess contributions provided. 4. The Sponsor shall hold and save the Government free from all damages due to the authorized work, except damages due to the fault or negligence of the Government or its contractors. 5. The Sponsor agrees to participate and comply with the policies and procedures of the U.S. Army Corps of Engineers Inspection Program. 6. After the Contracting Officer has determined that construction of the repair work is complete and provided the Sponsor with written notice of such determination, the Sponsor shall operate and maintain the Project, at no cost to the Government, in accordance with specific directions prescribed by the Government. 2 7. The Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land, which the Sponsor owns or controls for access to the Project for the purpose of inspection, and, if necessary, for the purpose of completing, operating and maintaining of the Project. If an inspection shows that the Sponsor for any reason is failing to fulfill the Sponsors obligation under this Agreement, the Government will send a written notice to the Sponsor. If after 30 calendar days from receipt of notice, the Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon lands the Sponsor owns or controls for access to the Project for the purpose of completing, operating and maintaining of the Project or to deny further assistance under Public Law 84-99. No action by the Government shall operate to relieve the Sponsor of responsibility to meet the Sponsor's obligations as set forth in this Agreement, or to preclude the Govemment from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the Division Commander. THE DEPARTMENT OF THE ARMY THE COUNTY OF HAWAII BY: BY: STEPHEN K. YAMASHIRO Mayor, County of Hawaii DATE: DATE: RECOMMEND APPROVAL: D NNA FA K. IYOSAKI, E Chief Engineer APPROVED AS TO FORM AND LEGALITY: ~~~~~ .~, CORD COUNSEL Date: ~2~ 2 - P, 3