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Home My WebLink AboutRES 135 Draft 01 2012-2014 �J�tY of h�� '•,. •�`` .� COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 135 13 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE, PURSUANT TO HRS 46-7, TO MEET OBLIGATIONS IMPOSED BY THE ENDANGERED SPECIES ACT (ESA), SECTION 7 MITIGATION EFFORTS WHEREAS, the Endangered Species Act (ESA), Section 7 Endangered Species Act clearance is a requirement for the Ane Keohokalole Highway Project to receive federal construction funds; and WHEREAS, the Ane Keohokalole Highway Project encroached into a portion of the 3.43 acre Aupaka Preserve, located adjacent to the project and within the Kealakehe Ahupua`a; and WHEREAS, as a result of the encroachment indicated above, and in accordance with a letter from the Federal Highway Administration (FHWA) to the U.S. Department of the Interior of Fish and Wildlife Service (USFWS) dated March 10, 2010 the County of Hawaii must provide $35,000 to the USFWS; 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, an agreement, of which a draft is attached hereto and incorporated herein by reference as Exhibit "A", and related documents with the U.S. Department of the Interior Fish and Wildlife Service, to enable the County to provide $35,000 to this organization. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, and the Finance Department. Dated at Hilo , Hawai`i, this 10th day of July , 2013 INTRODUCED BY: ire COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawai`i on July 10, 2013 X KERN X ONISHI X ATTEST: POINDEXTER X WILLE X YOSHIMOTO X / 9 0 0 Q Reference: C-332/Waived FC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 135 13 Exhibit"A" AGREEMENT BETWEEN 1. COUNTY Agreement#: XXXXX COUNTY OF HAWAII 2. U.S.F.W.S.Agreement#: CRA-2013-XXXX-XXXX AND U.S. DEPARTMENT OF THE 3.Total Agreement Amount: $35,000.00 INTERIOR FISH AND WILDLIFE SERVICE 4. Effective Date: Upon signature of both parties 5a. COUNTY OF HAWAII ORGANIZATIONAL 6a. FISH&WILDLIFE SERVICE DATA[ADDRESS,OFFICE] DATA(ADDRESS,OFFICE] U.S. Fish and Wildlife Service County of Hawaii Pacific Islands Fish and Wildlife Office 25 Aupuni Street 300 Ala Moana Blvd., Room 3-122 Hilo, Hawai`I 96720 Honolulu, HI 96850 Ph (808) 792-9400 Fax (808) 792-9581 5b.Select One: X Buyer Seller 6b.Select One: Buyer X Seller 5c. DUNS#: 09-463-6073 6c. DUNS#: 7. PROJECT TITLE: Ane Keohokalole Highway 8.SCOPE OF WORK[DETAIL THE BACKGROUND,PURPOSE, SPECIFIC OBLIGATIONS OF EACH PARTY-USE ADDITIONAL PAGE(S)IF NECESSARY] The Ane Keohokalole Highway Project encroached into a portion of the 3.43 acre aupaka (lsodendrion pyrifolium) preserve located adjacent to the project and within the Kealakehe ahupuaa. As part of the Endangered Species Act (ESA) Section 7 mitigation efforts, FHWA in a letter to the USFWS dated March 10, 2010 committed $35,000 for the Aupaka preservation efforts. 9.SPECIAL PROVISIONS: (1)THIS AGREEMENT MAY BE MODIFIED BY MUTUAL CONSENT OF BOTH PARTIES. (2) IT MAY BE TERMINATED BY 30-DAY PRIOR WRITTEN NOTICE BY EITHER PARTY. ALLOWABLE COSTS INCURRED THROUGH DATE OF TERMINATION SHALL BE REIMBURSED UNDER THIS AGREEMENT. 10. COUNTY PROJECT OFFICER[NAME,OFFICE,ADDRESS,PHONE, 11. USFWS PROJECT OFFICER FAX,E-MAIL] [NAME,OFFICE,ADDRESS,PHONE,FAX,E-MAIL] Ben Ishii Loyal Mehrhoff, Field Supervisor Department of Public Works U.S. Fish and Wildlife Service 101 Pauahi Street, Suite 7 Pacific Islands Fish and Wildlife Office Hilo, Hawaii 96720 300 Ala Moana Blvd., Room 3-122 Honolulu, HI 96850 Ph: (808) 961-8327 Ph (808) 792-9400 Fax (808) 792-9581 Fax: (808) 961-8630 Email: Ioyal_mehrhoff @fws.gov bishii@co.hawaii.hi.us 12. PERIOD OF PERFORMANCE: June 2013 to August 2013 13. ESTIMATED PRICE/COSTS: SEE BLOCK 3 $35,000 14a. METHOD OF PAYMENT AND BILLING INSTRUCTIONS: A. Upon signature of this Agreement, the COUNTY will provide advance payment of$35,000.00 payable to the U.S. Fish and Wildlife Service. B. The U.S. Fish and Wildlife Service will invoice the COUNTY upon execution of this agreement. C. Payment will be made directly to the U.S. Fish and Wildlife Service, and will note the project number of this Agreement. Payment will be directed to: U.S. Fish and Wildlife Service Division of Budget and Finance Attn: Diana Coburn 911 NE 11th Ave. Portland, OR 97232-4181 (503) 231-6941 Email: diana_coburn @fws.gov D. Upon completion or termination of this Agreement, the U.S. Fish and Wildlife Service shall refund any remaining funds in excess of prorated expenditures. 14b. BILLING SCHEDULE:[SELECT ONE] MONTHLY, QUARTERLY, SEMI-ANNUALLY, X OTHER[SPECIFY] Advance payments per No. 14a.above. 14c. COUNTY BILLING CONTACT[NAME,OFFICE,ADDRESS,PHONE, 14d. USFWS BILLING CONTACT[NAME,OFFICE,ADDRESS,PHONE,FAX, FAX,E-MAIL] E-MAIL] Department of Public Works Administrative Officer 101 Pauahi Street, Ste 7 U.S. Fish and Wildlife Service Hilo, Hawaii 96720 Pacific Islands Fish and Wildlife Office 300 Ala Moana Blvd., Room 3-122 Ph: (808) 961-8321 Honolulu, HI 96850 Fax: (808) 961-8630 Ph (808) 792-9400 Fax (808) 792-9581 15.AUTHORITY: [CITE APPLICABLE AUTHORITY TO ENTER INTO THIS AGREEMENT,I E ECONOMY ACT OF 1932(31 USC 1535)] 16a.AUTHORIZING OFFICIAL FOR COUNTY 16b.AUTHORIZING OFFICIAL SIGNATURE 16c. DATE [NAME,TITLE,ADDRESS,PHONE,FAX,E-MAIL] William P. Kenoi, Mayor County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8211 16d.AUTHORIZING OFFICIAL FOR USFWS 16e.AUTHORIZING OFFICIAL SIGNATURE 16f. DATE [NAME,TITLE,ADDRESS,PHONE,FAX] Theresa Rabot Assistant Regional Director, Ecological Services, Region 1 911 NE 11th Avenue Portland, OR 97232-4181 Ph (503) 231-6151 Fax (503) 231-2240 Email: Theresa Rabot • fws..ov