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HomeMy WebLinkAboutRES 594 Draft 01 2012-2014COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 594 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) TRAP MACHINE FOR USE AT THE HILO TRAP AND SKEET RANGE WHEREAS, the State of Hawai'i Department of Land and Natural Resources' (DLNR's) Hunter Education Program is providing one (1) Pat -Trap trap machine for use at the Hilo Trap and Skeet Range; and WHEREAS, this trap machine 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 item, 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 trap machine and of the maintenance and operation of the 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 trap machine 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 Kona , Hawai`i, this 19th day of November 2014. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on November 19, 2014 ATTEST: ,r COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER Rnr I CAT I VnTF Reference:____ C- 1150 /Waived FC RESOLUTION NO 594 1� AYES NOES ABS EX EOFF X FORD ILAGAN X KANUHA X KERN X —; ONISHI POINDEXTER WILLE X YOSHIMOTO X 8 _0 - -j Reference:____ C- 1150 /Waived FC RESOLUTION NO 594 1� 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) Pat - Trap trap target machine with side loader; 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 4 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 4 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 am am William J. Aila, Jr. Chairperson and Member Board of Land and Natural Resources Member Board of Land and Natural Resources COUNTY OF HAWAI`L• (Print Name) Its: Page 3 of 4 RECOMMEND APPROVAL: Clayton S. Honma Director, Department of Parks and Recreation County of Hawaii APPROVED AS TO FORM AND LEGALITY: STATE OF HAWAII Deputy Attorney General COUNTY OF HAWAI`1 Deputy Corporation Counsel Dated: Dated: Page 4 of 4