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HomeMy WebLinkAboutRES 440 Draft 01 2012-2014 ��tv'os M+L COUNTY OF HAWAII STATE OF HAWAII �r�oF•N'.e RESOLUTION NO. 440 14 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES, PURSUANT TO HRS 46-7, TO TRANSFER ONE (1) GENERATOR FOR USE AT THE HILO TRAP AND SKEET RANGE WHEREAS, the State of Hawaii Department of Land and Natural Resources' (DLNR's) Hunter Education Program is providing one (1) Honda EB 10000 gas-powered portable generator for use at the Hilo Trap and Skeet Range; and WHEREAS, this generator will remain the property of the DLNR's Hunter Education Program for its useful life, while the County will be responsible for its maintenance and operation; and WHEREAS, as a condition to receive this generator, the County is required to enter into an agreement by way of a Memorandum of Understanding (MOU), which specifies terms relating to the maintenance and operation of the generator; and WHEREAS, as a condition to receive this generator, the County is required to enter into an agreement by way of a Memorandum of Understanding (MOU), which specifies certain terms relating to the maintenance and operation of the Hilo Trap and Skeet Range; 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 "I", and related documents with the State of Hawaii Department of Land and Natural Resources, to identify the terms and conditions of operating and maintaining the Hilo Trap and Skeet Range in order to receive the generator specified above. 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, the Department of Parks and Recreation, and the Finance Department. Dated at Hilo , Hawaii, this 4th day of June , 2014 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL _ ROLL CALL VOTE County of Hawaii L -- AYES NOES TABS EX Hilo, Hawaii 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 — — — — X KANUHA County of Hawaii on June 4�-_2014 KERN X ONISH I X ATTEST: POINDEXTER X W1LLE ---- - X Cu r\ YOSHIMOTO— — X -- - -- - �— - - - - 9 0 0 0 Reference: C-899/Waived FC COUNTY CLERK CHAIRPERSON& PRESIDING OFFICER RESOLUTION NO. 44014_ __ Exhibit "I" MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION AND THE STATE OF HAWAII DEPARATMENT OF LAND AND NATURAL RESOURCES' HUNTER EDUCATION PROGRAM EQUIPMENT FOR THE HILO TRAP AND SKEET RANGE STATE OF HAWAII) ) SS. COUNTY OF HAWAII THIS AGREEMENT is made and entered into this day of , 2014, by and between the STATE OF HAWAII ("State"), DEPARTMENT OF LAND AND NATURAL RESOURCES ("Department") and the COUNTY OF HAWAII, DEPARTMENT OF PARKS AND RECREATION ("APPLICANT"), each and acting by and through duly authorized officers; WITNESSETH WHEREAS, the Department provides financial assistance for public shooting ranges and associated facilities as authorized by State and Federal laws; and WHEREAS, the Department has provided financial assistance to purchase one (1) Honda EB 10000 gas-powered portable generator; and WHEREAS, the Applicant has received such financial assistance from the Department of Interior, U.S. Fish and Wildlife Service, and the State of Hawaii, Department of Land and Natural Resources Wildlife Revolving fund for the development of said Hilo Trap and Skeet Range; and WHEREAS, the Applicant is required to enter into an agreement for the maintenance and operation of the range as a condition of such financial assistance agreement; NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the Department and the Applicant agree as follows: I. STATUTES AND REGULATIONS. The Applicant shall comply with all relevant statutes and regulations in carrying out this Agreement, including but not limited to compliance with TITLE VI of the Civil Rights Act of 1964 (P.L. 88.352). The Applicant in this regard hereby expressly covenants not to discriminate against any person on the grounds of race, creed, sex, physical handicap, color or national origin. II. PROJECT BENEFITS. The Applicant will ensure that its employees or any other party do not improperly benefit from this Agreement. Page 1 of 5 Y III. TITLE. The Applicant will not encumber or dispose of its title to the range property during the term of this Agreement. IV. PERIOD OF OPERATION. The Applicant shall operate and maintain said trap and skeet range during the useful life of the equipment and improvements purchased through this Agreement. V. RANGE OF OPERATION AND MAINTENANCE. The Applicant shall operate and maintain the range as follows: A. Range Hours. The range shall be open to the public at all reasonable hours and times, including but not limited to weekends, during the term of this Agreement except as otherwise approved by the Department. B. Maintenance. All project grounds, facilities, and equipment shall be kept in good repair and order during the life of this Agreement. Additionally, all restroom facilities shall be maintained in a clean, sanitary condition. C. Range Fees. The Applicant may only charge the public fees that are in accordance with its administrative Rule 6—Rules Relating to User Fees. D. Safety Rules. The range shall be operated in accordance with the Hilo Trap and Skeet Range Safety Rules and Procedures, a copy of which is attached hereto as Exhibit"A"and made a part hereof. E. Disposal of Equipment. The Applicant shall dispose of equipment specified in this Agreement after the life of this Agreement in accordance with all applicable State and Federal policies and guidelines for equipment disposal. VI. SELF-INSURANCE. The Applicant hereby declares that it is a self- insured entity. VII. RECORDS INSPECTION. The Applicant shall make the records of this Agreement available to the Department for inspection and audit upon request. VIII. SITE INSPECTION. The Applicant shall make its range facilities and grounds available to the Department for inspection upon request. IX. PROJECT LOCATION. The range is located at: 1010 Leilani Street, Hilo, HI. X. TERM. This Agreement shall be for a term of ten (10) years unless sooner terminated as provided herein. XI. DEFAULT/REPAYMENT. In the event the Applicant should breach this Agreement in any respect and fail to remedy that breach within sixty(60) days after written notice describing same has been received by the Applicant from the Department, the contract shall be terminated at the Department's option whereupon the Applicant shall be liable for repayment to the Department through this Agreement. The repayment amount shall be the full purchase price minus depreciation as allowed by State of Hawaii law. Applicant shall retain Page 2 of 5 ownership after making full repayment to the Department. Additionally, the Applicant shall be liable for all costs of collection including reasonable attorney fees. XII. INDEMNIFICATION AND DEFENSE. The Applicant shall defend, indemnify, and hold harmless the State, the Department, and their officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all attorneys' fee, and all claims, suits, and demands therefore, arising out or resulting from the acts or omissions of the Applicant or the Applicant's employees, officers, agents, or subcontractors under this Agreement, subject to approval by the Hawaii County Council. XIII. COST OF LITIGATION. In case the State shall, without any fault on its part, be made a party to any litigation commenced by or against the Applicant in connection with this Agreement, the Applicant shall pay all costs and expenses incurred by or imposed on the State, including attorneys' fees. XIV. ASSIGNMENT. The Agreement may not be assigned in any part to another party without prior written approval of the Department. IN WITNESS WHEREOF, the STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES and the COUNTY OF HAWAII, DEPARTMENT OF PARKS AND RECREATION, have executed this agreement as of this date first above written. DEPARTMENT OF LAND AND NATURAL RESOURCES By: William J. Aila, Jr. Chairperson and Member Board of Land and Natural Resources By: Member Board of Land and Natural Resources COUNTY OF HAWAII: By (Print Name) Its: Page 3 of 5 RECOMMEND APPROVAL: Clayton S. Honma Director, Department of Parks and Recreation County of Hawaii APPROVED AS TO FORM AND LEGALITY: STATE OF HAWAII COUNTY OF HAWAII Deputy Attorney General Deputy Corporation Counsel Dated: Dated: Page 4 of 5 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 2014, before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii Print Name: My commission expires: STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 2014, before me personally appeared ,to me known to be the person described in and who executed the foregoing instrument, as of ,and acknowledged that he/she executed the same in behalf of the organization and acknowledged the instrument to be the free act and deed of the organization. Notary Public, State of Hawaii Print Name: My commission expires: Page 5 of 5 Exhibit "A" RULES AND REGULATIONS OF THE DEPARTMENT OF PARKS AND RECREATION OF THE COUNTY OF HAWAII RULE 8 - RULES RELATING TO THE USE OF PARK FACILITIES Section 8 Rules Relating to Use of the Skeet and Trap Range A. Attendants employed by the Department of Parks and Recreation or by the Lessee shall be on duty to open and secure facilities and to ensure the enforcement of rules and regulations. B. The skeet and trap machine and related equipment shall be made available for public use at the times chosen by the Director. The loading and operation of such machines and equipment shall be the responsibility of the assigned attendant or other assigned individuals who have been cleared for operational efficiency by the attendant. C. All shotguns, clay birds, and other paraphernalia used in the sport of skeet shooting or trapshooting shall be supplied by each individual utilizing the facilities. D. Maximum size of shot allowed shall be No. 6 and minimum size shall be optional, except in competition wherein various tournament rules shall apply. E. Persons not authorized by attendant shall not be permitted to enter any of the skeet and trap houses. All loaders of skeet and trap machines shall be cleared for operational efficiency by the skeet attendant. F. Children under the age of eighteen (18) years old shall not be permitted to shoot unless cleared for competency to handle weapons by the attendant. Verification of an individual's age shall be required by the attendant whenever an individual's true age is in question. All children under the age of eighteen (18) years old shall be under the strict supervision of a parent, guardian, or a responsible adult. G. Individuals violating any rules contained herein shall forfeit all rights and privileges with respect to the use of the range facilities for that period of time as shall be determined by the Director or the Director's duly designated representative. Appeals regarding the decision of the Director shall be submitted in writing to the Director within ten (10) days following notification of forfeiture.