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Home My WebLink AboutRES 071 Draft 01 2012-2014 COUNTY OF HAWAII STATE OF HAWAII cF•NpN RESOLUTION NO. g3 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII ACCEPTING THE REVOCABLE RIGHT-OF- ENTRY FOR THE HONOKA`A VECTOR CONTROL BUILDING, BEING LOCATED ON TAX MAP KEY: (3)4-5-006-003, SITUATED AT HONOKA`A, DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, FROM THE STATE OF HAWAII BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the State of Hawaii, hereinafter"State", owns a parcel located in Honoka`a, District of Hamakua, County and State of Hawaii, Tax Map Key (3)4-5-006-003 which encompasses an area of 2.392 acres; and WHEREAS, the State Department of Health Honoka`a Vector Control Program formerly occupied the building known as the Honoka`a Vector Control Building located on Tax Map Key (3)4-5-006-003; and WHEREAS, the Governor set aside the parcel identified as Tax Map Key (3)4-5-006-003 to the State Department of Accounting and General Services by and through Executive Order No. 2371; and WHEREAS, the County of Hawaii, hereinafter"County", requested approval from the State Department of Accounting and General Services for the temporary utilization of the currently unoccupied Honoka`a Vector Control Building; WHEREAS, the Department of Public Works General Services Division will use the Honoka`a Vector Control Building as a satellite office and base yard to service the area from Laupahoehoe to Kohala; WHEREAS, the State Department of Accounting and General Services will grant the use of the Honoka`a Vector Control Building, through a Revocable Right-of-Entry, to the County; WHEREAS, pursuant to Section 46-7, Hawaii Revised Statutes, this Council's consent is required to enter into an intergovernmental agreement to accept this Revocable Right-of-Entry; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter and Article 30 of the Hawaii County Code provide that the council may accept gifts, which include the transfer of real property rights, on behalf of the County of Hawaii; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that pursuant to Section 46-7, Hawaii Revised Statutes, the County may enter into the Revocable Right-of-Entry by and between the County of Hawaii and the State of Hawaii, attached hereto as Exhibit "I". BE IT FURTHER RESOLVED that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter and Article 30 of the Hawaii County Code, the County of Hawaii accepts the Revocable Right-of-Entry to use and occupy the Honoka`a Vector Control Building, located in Honoka`a, in the District of Hamdkua, County and State of Hawaii, specifically identified as Tax Map Key (3)4-5-006-003, more particularly described and delineated in Exhibit"I", for public purposes. BE IT FURTHER RESOLVED that a copy of this resolution be sent to Department of Accounting and General Services, State of Hawaii, Attn: Dean H. Seki, Comptroller, P.O. Box 119, Honolulu, Hawaii 96810- 0119. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) Department of Finance; (3) Department of Public Works; and (4) the Office of the Corporation Counsel. Dated at Hilo , Hawai`i, this 13th day of March , 2013. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`1 COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawaii on March 13, 2013 KERN ONISHI ATTEST: POINDEXTER X WILLE X YOSHIMOTO X 9 0 0 0 Reference: C-160/Waived FC COUNTY CLERK CHAI ERSON&PRESIDING OFFICER RESOLUTION NO. 2 Exhibit "I" qP,/'s 1BOg 0 3 Dean H.Sekl NEIL ABERCROMBIE GOVERNOR e Comptroller i� W O S OFFICE' � }s Marla E.Zlellnski �r1/1 i R C �f osy;.�•ri;r�'� Deputy Comptroller v Jv?F ats STATE OF HAWAII OF ACCOUNTING AND GENERAL SERVICES P.O.BOX 119,HONOLULU,HAWAII 96810-0119 (P)1008.3 JAN 1 5 2013 The Honorable William P. Kenoi, Mayor County of Hawaii 25 Aupuni Street, Suite 2603 Hilo, Hawaii 96720 Dear Mayor Kenoi: Subject: Revocable Right-of-Entry for Honokaa Vector Control Building Tax Map Key: (3) 4-5-006:003 This is in response to your letter dated October 15, 2012 requesting approval for the temporary utilization of the structure formerly occupied by the State Department of Health Honokaa Vector Control Program. We understand this structure is needed by your Department of Public Works General Services Division(GSD) as a satellite office and base yard for a GSD Superintendent, two Supervisors, locker room and wash area for three custodian/groundskeeper positions, and for storage of equipment and supplies. The facility services the area from Laupahoehoe to Kohala. Pursuant to the authority granted to me by the Governor, by Executive Order No. 2371 for TMK: (3) 4-5-006:003, I am granting the County of Hawaii a revocable right-of-entry (ROE) to the Honokaa Vector Control Building as identified on the attached map labeled as Exhibit A, for the use indicated above and subject to the following conditions: 1. This ROE shall be effective from the acceptance date of this letter by the County for the purpose of an interim satellite office and base yard for GSD. Usage other than as prescribed above shall not be allowed, and may be cause for immediate termination of this ROE, at the discretion of the Department of Accounting and General Services (DAGS). 2. The County's use of the facility may be terminated at any time by DAGS by written notification to the County at least ninety (90) calendar days prior to such termination. The Honorable William P. Kenoi, Mayor (P)1008.3 Page 2 3. The County shall notify DAGS in writing at least ninety (90) calendar days prior to vacating the Honokaa Vector Control Building. 4. The County of Hawaii shall not transfer, assign, or permit any other person or entity to occupy the Honokaa Vector Control Building or any portion thereof. 5. The County acknowledges that it has inspected the premises, knows it condition and understands that the same is granted without any representation or warranties whatsoever and without any obligation on the part of the State. 6. The County of Hawaii will be responsible for all utilities and maintenance of the Honokaa Vector Control Building and surrounding yard, as identified on Exhibit A. All physical improvements required for occupancy of the space shall be the responsibility of the County and any changes must be coordinated through and approved by DAGS. 7. The County shall require that its contractors, consultants, and/or persons acting for or on its behalf, to indemnify, defend, and-hold harmless DAGS, and their officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all attorneys fees and all claims, suits, and demands therefore, arising out of or resulting from the acts or omissions of the County's contractors, consultants, and agents, or subcontractors under this ROE. The provisions of this paragraph shall remain in force and effect notwithstanding the expiration or early termination of this ROE. 8. The County shall ensure that its contractors, consultants, if any, and/or persons acting for or on its behalf, shall procure, at their own expense, and maintain during the entire period of this right-of-entry, from an insurance company or companies licensed to do business in the State of Hawaii, a policy or policies of comprehensive public liability insurance, in the amount acceptable to DAGS ($1,000,000 per incident/$2,000,000 aggregate) insuring the State of Hawaii against all claims for personal injury, death, and property damage; said policy shall cover the entire ROE area in the control of use of the County and/or its contractor, consultants and/or person acting or on its behalf in the exercise of this ROE. 9. The County, its contractors, consultants and/or persons acting or on its behalf in the exercise of this ROE, shall comply with all applicable statutes, ordinances, rules and regulations of the Federal State and County governments relative to the rights granted herein. The Honorable William-P. Kenoi, Mayor (P)1008.3 Page 3 10. The County, its contractors, consultants and/or persons acting for or on its behalf in the exercise of this ROE, shall use appropriate precautions and measures to minimize inconveniences to surrounding residents, landowners, lessees and the public in general. 11. The County, within the limits of their permitted use and occupancy, shall act diligently at all times to protect the premises from any environmental pollution to the air, grounds and water. The County of Hawaii shall comply with all laws, regulations, conditions, or instructions affecting the activity hereby authorized, if and when issued by the Environmental Protection Agency, or and Federal, State, or Local agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials, waste and substances within the premises is strictly prohibited. The County of Hawaii shall not discharge any waste effluent from the premise is such a manner that the discharge will contaminate streams or other bodies of water, or otherwise cause or create a public nuisance or hazard to human health. 12. The County, its contractors, consultants, and/or persons acting for or on its behalf in the exercise of this ROE, shall ensure upon completion of this ROE the site is reasonably restored to its original condition and acceptable to DAGS. 13. The DAGS reserves the right to impose additional, but responsible terms and conditions at any time it deems necessary while this right-of-entry is in force. If you concur with the above terms and conditions, please acknowledge and return a signed copy of this letter to me. Occupancy of the facility may be coordinated through Mr. Jerry Watanabe, Hawaii District Engineer, who may be contacted at (808) 974-6400. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] The Honorable William P. Kenoi, Mayor (P)1008.3 Page 4 If you have any questions, please call me at 586-0400, or have your staff contact Mr. David DePonte of the Public Works Division at 586-0492. Sincerely, . 1 DEAN H. SEKI Comptroller Attchments c: Mr. William Aila, Jr, DLNR Chairperson w/attachments Mr. Jerry Watanabe, DAGS-HDO w/attachments Ms. Nancy E. Crawford, County of Hawaii Finance Director w/attachments. Mr. Warren H.W. Lee, County of Hawaii Public Works Director w/attachments Mr. Daryl Inaba, County of Hawaii Department of Finance w/attachments RECOMMEND ACCEPTANCE: By: JAN 2 4 2013 y : Date. Director,of Finatce, County of Vawaii By: /�✓► fW Date: Director of Public Works, County of Hawaii APPROVED AS TO FORM AND LEGALITY: By: Date: Deputy Corporation Counsel, County of Hawaii ACCEPT: By: Date: Mayor, County of Hawaii n w ♦ A w ' " t Re. Related sponsibility Building Assignment AMMOSTIMM IN , ,p a a M �7y oil r , d � NY p .x M t r �� h ♦;y� ry ,. UJ; Q sn i #4* lGt�q p Exhibit A �+