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HomeMy WebLinkAboutRES 355 Draft 01 2008-2010 . 4• C.. �1�div COUNTY OF HAWAII .-_z :'. STATE OF HAWAII ate;: �rr'gp•wr.'M RESOLUTION NO. 10 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF SIXTEEN (16) COQUI FROG SPRAYERS AND NINE (9) TRAILERS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE WILDLIFE SERVICES, AND TO ENTER INTO A RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT FOR ANY LIABILITY RESULTING FROM THE TRANSFER OF OWNERSHIP AND CONTROL OF THESE COQUI FROG SPRAYERS AND TRAILERS, AS A CONDITION OF THE DONATION TO THE COUNTY OF HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the United States Department of Agriculture Wildlife Services ( "USDA WS ") community loan sprayer program was discontinued and the USDA WS recognizes the need to continue the loan sprayer program and for additional coqui frog sprayers and trailers here in the County of Hawai`i and wishes to assist the County of Hawai`i ( "County ") in providing such coqui frog sprayers and trailers to meet those needs; and WHEREAS, the USDA WS no longer needs these sprayers and trailers because the USDA WS community loan sprayer program was discontinued in April 2009 due to lack of funding; and WHEREAS, the donation consists of sixteen (16) coqui frog sprayers, Trailer Serial Numbers 1J98U06156L319709, 119BU06135L319254, 1J9BU06116L319710, 1J9BU06115L319253, 1J9BU06135L319254, 1J9BU061X5L319252, L -07 -1209, L -07 -1214, L -07 -1206, L -06 -1001, L -06 -1002, L -06 -1005, L -06 -1006, 4MNFB102861000209, 4MNFB102X61000213 and 4MNFB102661000211, acquired by the USDA WS between 2004 - 2009, and nine (9) trailers, USDA Serial Numbers 1 J9BUO6116L319710, 1J9BU06156L319709, 1J9BU06115L319253, 1J9BU06135L319254, 1J9BU06135I.319254, 1J9BUO61X5L319252, 4MNFB102661000211, 4MNFB102861000209, 4MNFB102X61000213, acquired by the USDA WS between 2005 - 2006. The majority of the sprayers are trailer- mounted and were purchased at a total cost of $83,089.50; and WHEREAS, the County intends to add the sprayers and trailers to its community loan sprayer program, which is utilized by the public for the spraying of coqui frogs; and WHEREAS, as a entity of the Federal Government, it is to be expected that the USDA WS may want full immunity and indemnification for its proposed donation; and WHEREAS, the County recommends the acceptance of this donation; and WHEREAS, Article XIII, Section 13 -12, of the Hawaii County Charter provides that the Council, on behalf of the County, may accept gifts or donations of personal property; and WHEREAS, pursuant to Section 46 -7, Hawai`i Revised Statutes, the County Council may enter into an intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Article XIII, Section 13 -12, of the Hawai`i County Charter and Section 46 -7, Hawai`i Revised Statutes, the Council of the County of Hawai`i accepts the sixteen sprayers and nine trailers and authorizes on behalf of the County of Hawai`i execution of the "Release, Hold Harmless and Indemnity Agreement." BE IT FURTHER RESOLVED that the Clerk of the County of Hawai`i is directed to transmit copies of this Resolution to: 1) the Honorable William P. Kenoi, Mayor of the County of Hawai`i; 2) Department of Finance; 3) Office of the Corporation Counsel; and 4) Mr. Mike Pitzler, State Director, United States Department of Agriculture Wildlife Services, 3375 Koapaka Street, Suite H -420, Honolulu, HI 96819 -1869, along with a letter acknowledging this generous donation. Dated at Hilo , Hawai`i, this 23rd day of June , 2010. INTRODUCED BY: A COUNCL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawai`i ENRIQUES X FORD X I hereby certify that the foregoing RESOLUTION was by GREENWELL X the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN County of Hawai`i on June 23, 2010 X IKEDA X NAEOLE - BEASON X ' ATTEST: ONISHI X YAGONG X YOSHIMOTO X 8 0 1 0 Reference: C- 847 /Waived FC COUNTY CLERK CHAIRPE & PRESIDING OFFICER RESOLUTION NO. 355 1.0 2