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Home My WebLink AboutCOM 0214.000 2014-2016William P. Kenoi Mayor March 17, 2015 County of Hawaii Finance Department 25 Aupuni Street, Suite 2103 • Hilo, Hawaii 96720 (808)961-8234 • Fax(808)961-8569 Dru Kanuha, Council Chair and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Agreement with the University of Hawaii Windward Community College Deanna S. Sako Director Lisa K. Miura Deputy Director The Hawaii Fire Department established a Personal Watercraft Rescue Program during the current fiscal year, and needs to provide training to the Water Safety Officers in the program. They wish to enter into an agreement with the University of Hawaii Windward Community College to provide this training. Enclosed is a resolution authorizing the Mayor to enter into an agreement with the University of Hawaii Windward Community College, to provide training to the Water Safety Officers in the Personal Watercraft Rescue Program. 2 We are requesting that this resolution be waived from the Finance Committee, and that a breach be allowed in order to place it on the April 1, 2015 Council Agenda due to timeframe of the training to be provided. If there are any questions, please do not hesitate to call Fire Chief Darren Rosario at 932-2900. MA..-• 0 1** Deanna S. Sako Director of Finance Enc. cc: Fire Oves- Comm. No. a) 'T Ref. To:_F HawaiiDa County is an Equal Opportunity Employer and Provider Ref, Date MAN 1 $ 201 Form #: B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: FIRE DATE: 3/17/2015 STAFF CONTACT: Gerald Kosaki A. REQUEST: PHONE: 932-2900 Prepare a resolution authorizing the Mayor to enter into an agreement with the University of Hawaii - Windward Community College Office of Career and Community Education. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The County of Hawaii Fire Department has established a Personal Watercraft Rescue Program in Fiscal Year 2014-2015. To provide training for the Water Safety Officers in the Personal Watercraft Rescue Program, the Fire Department wishes to enter into an agreement with the Windward Community College Office of Career and Community Education to provide 200 hours of training in Personal Watercraft Rescue Operator course for six (6) participants. SIGNED: Department Head DATE: 3 /f 7/" �— 4ITr air UNIVERSITY of HAVtAI'I iP Career and Community Education 2 WINDWARD COMMUNITY COLLEGE March 10, 2015 Gerald Kosaki Hawai'i Fire Department Battalion Chief 25 Aupuni Street #2501 Hilo, HI 96720 Aloha e Gerald: Please find included with this cover letter two original signed documents relating to the final Memorandum of Agreement between Windward Community College and the Hawai'i County Fire Department to offer Rescue Watercraft Operator Training for Hawai'i County Fire Department personnel. After reviewing the documents, forward them along for signatures through your chain of command. When completed, please send one of the original documents back to me (Ian Masterson) at the address listed for WCC below my signature. We at WCC truly appreciate your willingness to work together in efforts to make safer Hawaiian Waters through the education and training of your crew, we look forward to the training. Thank you very much. Sincerely with Aloha, Ian Akahi Masterson Windward Community College Hale Kuhina 110 45-720 Kea`ahala Road Kaneohe, Hawaii 96744 45-720 Kea'ahala Road Kaneohe, Hawai'i 96744 Telephone: (808)-235-7331 Fax: (808)-235-7434 www.wcc.hawaii.edu imasters@hawaii.edu An Equal Opportunity / Affirmative Action Institution MEMORANDUM OF AGREEMENT This Memorandum of Agreement, hereinafter "Agreement" is entered into on this ninth day of March 2015, by the University of Hawai'i, Windward Community College, Office of Career and Community Education, hereinafter "WCC -CCE," whose address is 45-720 Kea'ahala Road, Kaneohe, Hawaii 96744, and the County of Hawaii, Hawaii Fire Department, hereinafter "HFD," whose address is 25 Aupuni Street, Suite 2501, Hilo, Hawaii 96720. The parties mutually agree as follows: I. RESPONSIBILITIES OF WCC -CCE WCC -CCE shall provide instruction for a 200 hour Personal Watercraft Rescue Operator training to occur between the dates of April 1, 2015 through August 30th, 2015 at the HFD training facility on Hawaii Island. 2. WCC-CCE's adjusted fee for delivery of the 200 hour training shall be $23,250, servicing a total of 6 participants attending above said course. The fee will cover partial training costs including instructor salaries, instructor per diem for Hawaii Island, training preparation time, custom curriculum development for HFD on-site training needs, assessments, tests, evaluations, student resources, instructor resources, program coordination time and effort, administrative costs for program management including oversight, hiring, purchasing, and supports, additional insurance costs, and pre -training planning time for coordinator and instructors. 4. The total cost for this contract shall be $23,250. 5. WCC -CCE will send an invoice for 100% ($23,250) to HFD one month prior to commencement of training. 6. WCC -CCE will register students in their registration management software program. II. RESPONSIBILITIES OF HFD All costs and fees per this agreement shall be paid in full by HFD to: Business Office Windward Community College 45-720 Kea'ahala Kaneohe, Hawaii 96744 2. Payment shall be made no later than thirty (30) days after the receipt of invoice from WCC -CCE. 3. HFD will provide the training location, presentation technology needed, instructor travel arrangement and expenses including R/T coach airfare from Honolulu, Hawaii to Hawaii island, ground transportation and lodging, Personal Water Crafts, and training equipment and operating costs associated with training equipment. 4. WCC -CCE shall indemnify, defend, and hold harmless HFD, its officers, employees, and agents, from any and all claims of liability for any damage to real or personal property or injury to or death of any persons when such damage, injury or death arises out of any action or omission of WCC -CCE, and/or its officers, employees, agents, consultants, contractors, or invitees in conjunction with the education and training activities for Personal Watercraft Rescue Operator certification conducted by WCC -CCE on HFD facilities from April 1, 2015 through August 30th, 2015, provided that WCC - CCE shall not be required to indemnify, defend, or hold harmless HFD, its officers, employees, and agents, from any claims of liability for any damages to real or personal property or injury to or death of any persons, when such damage, injury or death arises out of any action or omission of HFD, and/or its officers, employees, agents, consultants, contractors, or invitees, regarding the maintenance and repair of the above mentioned facilities. This provision is not intended to and shall not be interpreted to benefit any third person, or to benefit or create any third -party beneficiary. 5. HFD agrees to require each participant to sign the attached Waiver and/or Assumption of Risk form, prior to the start of the training. A co -signature of a parent or guardian is required if participant is under 18 years of age. HFD understands and agrees that any participant that fails to provide a signed Waiver and/or Assumption of Risk form shall not be allowed to attend or participate in the training. 6. HFD agrees to provide participants with a copy of the course safety procedures. HFD agrees to obtain a signed, written acknowledgment from each participant stating that they have read and understand the procedures and agree to abide by the same. III. MUTUAL AGREEMENTS 1. This Agreement may be amended through a mutually acceptable written statement. 2. This Agreement may be terminated upon thirty (30) days written notice by either party. In the event of any termination of this Agreement prior to the end date, HFD shall reimburse WCC -CCE for all costs and non -cancellable commitments incurred in good faith and made prior to termination. 3. The validity of this Agreement, and any of its terms or provisions, as well as the rights and duties of the parties to this Agreement, shall be governed by the laws of the State of Hawaii. Any action at law or in equity to enforce or interpret any provisions of this Agreement shall be brought in a state court of competent jurisdiction in the State of Hawai'i. The parties', by execution of this Agreement, acknowledge the jurisdiction of the courts of the State of Hawaii in this matter. 4. This Agreement represents the entire Agreement and understanding between the parties with respect to its subject matter and supersedes any prior and/or contemporaneous discussions, representations, understandings or agreements, whether oral or written, regarding this matter. 5. This Agreement may be executed by the parties in counterparts, all of which taken together shall be deemed one and the same instrument. 6. This Agreement, as it pertains to delivery of services, shall expire on the end date indicated in section I unless both parties agree to an amendment through a mutually acceptable written statement. 7. If WCC -CCE, or an employee or employees of WCC -CCE obtains a copyright to any material, whether finished or unfinished, that is developed, prepared, assembled, or created pursuant to this contract, WCC -CCE or its employees, as the case may be, shall own the copyright. HFD may use the materials developed, prepared, assembled, or created pursuant to this contract for any and all purposes, without restriction or charge. IN WITNESS WHEREOF, this instrument is executed on the day first above written. RECOMMEND APPROVAL: .�. DARREN J. ROSARIO Fire Chief, Hawaii Fire Department Date: -311711 S APPROVED AS TO FORM AND LEGALITY Deputy Corporation Counsel Date: COUNTY OF HAWAII By: Its: Mayor Date: WILLIAM P. KENOI UNIVERSITY OF HAWAII, WINDWARD CO 1L EG ti 7 By: Duglas Dy `tra Its: C ancellor Date: 1 0 1 UNIVERSITY OF HAWAII, WINDWARD COMMUNITY COLLEGE, OFFICE OF CAREER AND5OMMrT EDUCATION By: Michael Moser Its: Director Date: �� Assumption of Risks and Release of Claims Against University of Hawaii Windward Community College, UH Water Sports Activities & Labs Name of Activity, Event, or Course: Date(s)/Time of Activity or Event; or SemesterNear of Course: Participant Name (Print): acknowledge and understand that my participation in this activity, event or course may expose me to risks of injury or damage to my property caused by, for example: natural hazards such as high winds, heavy surf, unshielded sun exposure, and unpredictable or volatile weather conditions; delayed emergency medical response and assistance; equipment malfunction or break down; or failure by participants to follow safety rules and precautions. I agree to be instructed on the safety rules and precautions for this activity, event or course. also agree to strictly observe and practice these safety rules and precautions at all times, for my own safety as well as for the safety of the WCC instructing staff and other participants. understand, however, that participation in ocean activities and paddle -powered sports carry inherent risks of injury or property damage beyond the control of WCC and its instructing staff, even if I follow all safety precautions. Because of these inherent risks, I acknowledge and understand that the University of Hawaii, and the Windward Community College in particular, cannot guarantee my complete personal safety. By signing this form, I (for myself and for others who act on my behalf) 17 Acknowledge, fully accept, and voluntarily assume the risks of all personal injury or property damage arising from my participation in this activity, event, or course; and Release the University of Hawaii, particular, their officers, agents, injury or property damage arising course, and will not assert such Signature of Participant and the Windward Community College in and employees from all claims for personal from my participation in this activity, event, or claims against them. Co -signature of parent or guardian if participant is under 18 years of age. ATTAC NMNT Date Date KAREN EOFF Chairperson 1�!•1�1Cil�M1�11�1�79►r��1.� ["ice Chair HAWAII COUNTY COUNCIL County of Hawai `i llawai'i County Building 25 Aupuni Street Hilo, Hawai `i 96720 March 18, 2015 Dru Mamo Kanuha, Chairperson Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 AARON S.Y. CHUNG MAILE "MEDEIROS" DAVID GREGGOR ILAGAN DRU MAMO KANUHA DENNIS "FRESH" ONISHI DANNY PALEKA MARGARET WILLE RE: Resolution No. 132-15 : RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII WINDWRD COMMUNITY COLLEGE PURSUANT TO HRS 46-7, TO PROVIDE TRAINING FOR THE WATER SAFETY OFFICERS IN THE PERSONAL WATERCRAFT RESCUE OPERATOR COURSE. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above -referenced matter be waived from the Committee on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Finance for placement on its future agenda. Sincerely, (� Karen Eoff, Chairperson l/ Committee on Finance A roved ate/Waive to Council: D�4 rDru Mamo Kanuha, Chairperson Disapproved/Date/Refer to FC: Dru Mamo Kanuha, Chairperson Hawaii County Council Hawaii County Council KE/wb Hawai `i County is an Equal Opportunity Provider and Employer