HomeMy WebLinkAboutRES 414 Draft 01 2016-2018 COUNTY OF HAWAII -•_ _�' STATE OF HAWAII
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RESOLUTION NO. 414 1
RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII FOR GRANTING OF LICENSES
FOR ACCESS, INSTALLATION AND MAINTENANCE OF SIRENS OF THE HAWAII
STATE EMERGENCY OUTDOOR SIREN WARNING SYSTEM AS PART OF THE
HAWAII EMERGENCY ALERT SYSTEM.
WHEREAS, the State of Hawai`i Emergency Outdoor Siren Warning System is an
integral part of the Hawai`i Emergency Alert System in warning and alerting the population of
the County of Hawai`i during times of emergency and disaster; and
WHEREAS, due to the population growth and expansion of populated areas, it is
necessary to improve and expand the emergency and civil defense communication and warning
systems of the Island of Hawaii; and
WHEREAS, the County of Hawai`i is the owner of those locations as listed in Exhibit A
along with the State of Hawai`i; and
WHEREAS, the State of Hawai`i Department of Defense and the State of Hawai`i
Department of Accounting and General Services are governmental agencies of the State of
Hawai`i and have requested a Memorandum of Agreement (attached as Exhibit B) and licenses
for those parcels listed in Exhibit A for access, installation and maintenance of the sirens for the
Hawai`i State Emergency Outdoor Siren Warning System; and
WHEREAS, pursuant to Hawai`i Revised Statutes, section 46-7, the Hawai`i County
Council may consent to agreements between the County of Hawai`i and the State government
respecting actions to be taken pursuant to the powers granted to the County of Hawaii by law,
and to furnish, expend, and receive any funds or other assistance in connection with projects to
be undertaken by the County of Hawai`i; and
WHEREAS, SECTIONS 2-119 and 2-120 of the Hawai`i County Code authorizes the
Council, by resolution approved by a majority of its members, to direct the finance director to
grant licenses from the County of Hawai`i to another governmental agency without notice or
auction upon such terms and conditions it deems proper, including reversion to the County of
Hawai`i upon termination or abandonment of the licenses for the specific purposes for which
they were granted; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with section 46-7, Hawai`i Revised Statutes, the Mayor of the County of Hawai`i is
authorized to enter into and execute on behalf of the County of Hawai`i the Memorandum of
Agreement (attached as Exhibit B) relating to the access, installation and maintenance of the
Hawaii State Emergency Outdoor Siren Warning System.
BE IT FURTHER RESOLVED, that pursuant to sections 2-119 and 2-120 of the
Hawai`i County Code, the Council of the County of Hawai`i hereby authorizes the director of
finance to grant licenses for access, installation and maintenance purposes of the sirens of the
Hawai`i State Emergency Outdoor Siren Warning System to the State of Hawai`i, Department of
Defense as described and delineated in Exhibit A attached hereto, until termination or
abandonment of that specific purpose.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to: (1) Mayor Harry Kim; (2) Deanna Sako, Director of Finance; (3) Talmadge
Magno, Administrator, Civil Defense; (4) Craig T. Masuda, Deputy Corporation Counsel,
Section Chief; (5) State of Hawai`i Department of Defense, 3949 Diamond Head Road,
Honolulu, Hawaii 96816; and (6) State of Hawai`i Department of Accounting and General
Services, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Hawai`i 96813.
Dated at Hilo , Hawai`i, this 5th day of December , 2017 .
INTRODUCED BY:
I
" rte
COUNCIL M"BR, COUNTY OF HAWAI`I�
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X 1
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawaii on December 5, 2017
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
S 0 RUGGLES X
l _ 8 0 1 0
4
—' Reference: C-610/Waived FC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 41.4 17
, 2
List of known underlying
# Siren No. Designated Siren Name Comments site appvl rec'd site user Siren Location Data I
permits landowner
1 HA114 E. Carvalho Park UPG-OK DPR appvl-3/6/08. DPR SOH TMK 2-3-026:005.LAT/LONG: 19 43'8.4"N,
1556'9.8"W
2 HA121 Panaewa Park ADD-OK in progress DPR - SOH-DHHL TMK 2-2-059:011.LAT/LONG: 19 41'29.3"N,
1553'43"W
3 HA127 Ahualani Park ADD-OK DPR site appvl DPR - COH TMK 2-4-063:081. LAT/LONG:
7/17/14 19 40'41.2"N,155 5'47.9"W
4 HA502 Niulii (Keokea Park) UPG-OK DPR appvl-7/22/09. DPR SMA COH TMK 5-2-001:016. LAT/LONG:
2013'35.1"N,15644'44.1"W
5 HA503 Kamehameha Park UPG-OK DPR appvl-7/22/09. DPR 6(f) SOH TMK 5-4-005:016.
LAT/LONG:20 13'57.1"N,155 48'2.9"W
6 HA607 Kahaluu Beach Park UPG-OK DPR site appvl DPR SMA COH TMK 7-8-14:1.
3/6/08. LAT/LONG:19 34'42.6"N,155 58'0.1"W
8 HA704 Palipoko Road UPG-OK DPW appvl-3/14/08. DPW - COH In ROW close to TMK 8-2-008:001.
LAT/LONG:19 28'19.3"N,155 53'59.4"W
DPW email appvl-
4/17/15.Also, Conservation District
9 HA708 Hookena Beach Park ADD-OK DPW Use Permit(CDUP) COH In ROW close to TMK 8-6-011:004.
McCandless appvl received 4/26/11. LAT/LONG:19 22'45.6"N,155 53'46.8"W
11/16/15.
Honuapo(Whittington Beach DPR a Conservation District
( ppvl 7/22/09.
10 HA802 g UPG-OK DPR Use Permit(CDUP) Private TMK 9-5-014:029.
Park) Asking to re-confirm. required.SMA LAT/LONG:19 5'7.8"N,155 33'2.1"W
11 HA806 Hawaiian Ocean View#2 UPG-OK in progress. Dept.of - COH TMK 9-2-009:052.
Finance? LAT/LONG:19 5'56.1"W,155 47'14"W
12 HA807 Waiohinu UPG-OK DHM appvl-9/18/14. DPW - SOH TMK 9-5-002:065.
LAT/LONG:19 4'0"N,155 36'45.1"W
13 HA810 Hawaiian Ocean View Estates ADD OK in progress Dept.of - COH TMK 9-2-044:068.
#4 Finance? LAT/LONG:19 8'45.4"N,155 44'56"W
14 HA901 Mt.View UPG-OK DPR appvl-2/15/16. DPW/DPR - COH TMK 1-8-002:049.
- LAT/LONG:19 32'56.8"W,155 6'28.2"N 1
15 HA902 Keaau/Shipman Park UPG-OK DPR appvl-12/8/16. DPR - Private TMK 1-6-003:007.
LAT/LONG:1937'20.6"N,1552'29.3"W
DHM appvl 9/19/14 In ROW,close to TMK 1-6-004:001.
16 HA910 Ainaloa UPG-OK but need to DHM - COH LAT/LONG:19 32'34.8"N,154 58'31.5"W
reconfirm.
17 HA702 Captain Cook UPG DPW appvl- DPW COH In ROW close to TMK 8-1-008:032.LAT/LONG:
3/11/08. 19 29'32.1"N,155 54'51.7"W
EXHIBIT A
EOF k
.Pi'7 1969'.,O
it ...,t`(i.'it
NEIL ABERCROMBIE c hp JAN S.GOUVEIA
GOVERNORV 1. ' � ACTING COMPTROLLER
is
KERRY K.YONESHIGE
a',e;;;;;:a ACTING DEPUTY COMPTROLLER
STATE OF HAWAII (P)1332.1
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
P.O.BOX 119,HONOLULU,HAWAII 96610.0119
•
DEC - 1 2011
Mr. Craig T. Masuda
Deputy Corporation Counsel
Office of the Corporation Counsel
County of Hawaii
101 Aupuni Street, Suite 325
Hilo, Hawai'i 96720
Dear Mr. Masuda:
Subject: Final Memorandum of Agreement between County of Hawai'i and
State of Hawai'i (Department of Defense and Accounting and General Services)
for Planning, Design and Construction of Sirens within the County of Hawaii
Attached for your information and file is one (1) fully executed original Memorandum of
Agreement between the County of Hawaii and State of Hawai'i (Department of Defense and
Accounting and General Services) for planning, design and construction of sirens within the
County of Hawai'i.
Thank you for your efforts in finalizing this document.
If you have any questions on the matter, please have your staff call Mr. Brian Isa of the
Planning Branch at 586-0484.
Sincerely,
ERNEST Y. W. LAU
Public Works Administrator
BI:mo
Attachment
c: ► Mr. George Burnett, DOD-SCD w/attachment (original)
Mr. Jerry Watanabe, DAGS-Hawai'i District Engineer w/attachment (copy)
EXHIBIT B
State-coh moa.final.9-13-2011.doe
MEMORANDUM OF AGREEMENT
BETWEEN THE
COUNTY OF HAWAII
AND
STATE OF HAWAII
This MEMORANDUM OF AGREEMENT (MOA), entered into on this Z3 t-g/ day of
NO vewibC� , 2011, by and between the COUNTY OF HAWAII, a municipal
corporation of the State of Hawai`i, whose principal place of business and mailing address is 25
Aupuni Street, Hilo, Hawaii 96820 ("COUNTY"), the STATE OF HAWAI`I by its
DEPARTMENT OF DEFENSE, whose address is 3949 Diamond Head Road, Honolulu,
Hawai`i 96816 ("DOD"), and the STATE OF HAWAI`I by its DEPARTMENT OF
ACCOUNTING AND GENERAL SERVICES, whose address is Kalanimoku Building, 1151
Punchbowl Street, Honolulu, Hawai`i 96813 ("DAGS").
The purpose of this MOA is to coordinate the implementation, including planning, design
and construction, of the Hawai`i State Emergency Outdoor Siren Warning System, together with
improvements, equipment, facilities and appurtenances related thereto ("sirens and related
equipment"), throughout the County of Hawaii.
Hawai`i Revised Statutes ("HRS") § 128-2 defines a"local organization for civil
defense" to include an organization created in accordance with HRS Chapter 128 to perform civil
defense functions in the County of Hawai`i. Civil defense functions include all those provided
pursuant to HRS Chapter 128 which includes air raid warning services and communications.
HRS § 128-3 provides for the appointment of a Deputy Director for each political subdivision.
HRS § 128-6 establishes Civil Defense powers provides for direction or control of warnings and
signals for alerts or attacks, and the devices to be used.
Additionally, HRS § 128-11 grants the State of Hawai'i and the County of Hawai'i
immunity from any liability for death of or injury to persons, or property damage, as a result of
any act or omission in the course of employment or in the performance of duties pursuant to
HRS Chapter 128, except in cases of willful misconduct.
The DOD, DAGS, and the COUNTY by mutual consent, agree to jointly manage efforts
and projects undertaken to fulfill the responsibility for the installation, maintenance and control
of such warnings and devices.
1 of 6
NOW THEREFORE, in consideration of the mutual covenants and promises herein
made, the parties do hereby agree as follows:
1. DOD's responsibilities:
a. Maintain a list of proposed locations for sirens and related equipment.
b. Participate in meetings with the COUNTY to discuss proposed siren sites.
c. Submit listings of proposed siren sites for review and concurrence.
d. Seek°appropriations for siren warning projects on behalf of the COUNTY,
and where such appropriations are made, fund the design and construction
of the sirens and related equipment.
FOR COUNTY CONTROLLED SITES:
e. Initiate a License Agreement with the COUNTY which will address site
specific issues for existing and new siren sites.
f. The License Agreement conditions of access for the installation,
operation, repair and maintenance of the sirens and related equipment
shall include:
1) DOD's contractor shall obtain a right-of-entry permit for the
installation of the siren and related equipment at each siren site.
2) DOD shall require its contractor to procure and maintain, during
the life of each right-of-entry permit and any extensions thereof,
comprehensive general liability insurance covering bodily injury
and property damage with limits not less than$1,000,000
combined single limit per occurrence and including the following
extensions: (1) contractual liability to cover liability assumed
under the right-of-entry permit; and (2) all insurance that may be
required under the laws, ordinances or rules or regulations of any
governmental authority. All required policies of insurance shall
name the COUNTY, DOD, DAGS, and their elected and appointed
officials, employees and agents as additional insured and provide
that the policy will not be canceled, terminated, lapsed, or
materially changed without 30 days' prior written notice to the
COUNTY.
2 of 6
3) DOD's contractor shall maintain and exercise due care to keep the
area surrounding the siren site be clear and safe for public use
during the term of the right-of-entry permit.
4) DOD's contractor shall restore the siren site to a condition that is
substantially similar to that which existed prior to the
commencement of the contractor's activity under each right-of-
entry permit.
5) DOD, its officers, employees, agents, contractors, and
subcontractors shall comply with and satisfy all applicable statutes,
ordinances, rules and regulations of the Federal, State and County
governments in performing its work at each siren site.
6) DOD, through its officers, employees, agents, contractors, or
subcontractors shall obtain and ensure compliance with HRS
Chapter 343, as amended.
2. COUNTY's responsibilities:
a. Identify, review and approve the proposed location of the siren sites.
b. Assist DOD in the coordination with site owners and communities to
facilitate the siren site approvals.
c. Participate with DOD and DAGS in the sirens final acceptance process.
d. The COUNTY, its officers, employees, agents, contractors, and
subcontractors shall comply with and satisfy all applicable statutes,
ordinances, rules and regulations of the Federal, State and County
governments in performing its siren project activities.
FOR COUNTY CONTROLLED SITES:
e: Review and approve the construction plans provided by DOD for the
installation of the sirens and related equipment.
f. Grant DAGS, DOD and their contractors a license to install, operate, and
maintain sirens and related equipment on the siren sites approved by the
COUNTY.
g. Issue right-of-entry permits to DAGS' and DOD's contractor for approved
siren sites.
3 of 6
3. DAGS' responsibilities are as follows:
a. Provide DOD staff with technical services and overview coordination
support for the implementation of DOD siren projects on COUNTY
controlled siren sites.
b. Procure the design consultants, negotiate and approve the consultant's
fees, prepare the design contracts and make payments using funding
appropriated for this purpose.
c. Oversee the design, bidding, and construction phases of the work in
accordance with all applicable regulatory requirements. Prepare the
construction contracts and make payments.
d. When overseeing design and construction phase work for DOD sirens and
related equipment:
1) If a siren site is located on State-owned property, DAGS shall be
responsible for obtaining an easement(on behalf of DOD) for the
siren from the State Department of Land and Natural Resources.
2) DAGS' consultants and contractors will process a right-of-entry
permit for the installation of the siren and related equipment at
each siren site.
3) DAGS shall require its consultants and contractors to procure and
maintain, during the life of each right-of-entry permit and any
extensions thereof, comprehensive general liability insurance
covering bodily injury and property damage with limits not less
than$1,000,000 combined single limit per occurrence and
including the following extensions: (1) contractual liability to
cover liability assumed under the right-of-entry permit; and (2)
products and completed operations coverage; and all insurance that
may be required under the laws, ordinances or rules or regulations
of any governmental authority. All required policies of insurance
shall name the COUNTY, its elected and appointed officials,
employees and agents as additional insured and provide that the
policy will not be canceled, terminated, lapsed, or materially
changed without 30 days' prior written notice to the COUNTY.
4) DAGS' consultants and contractors shall maintain and exercise due
care to keep the area surrounding the siren site clear and safe for
public use during the term of the right-of-entry permit.
4 of 6
5) DAGS' consultants and contractors shall restore the siren site to a
condition that is substantially similar to that which existed prior to
the commencement of the contractor's activity under each right-of-
entry permit.
0
6) DAGS, its officers, employees, agents, consultants, contractors,
and subcontractors shall comply with and satisfy all applicable
statutes, ordinances, rules and regulations of the Federal, State and
County governments in performing its work at each siren site.
4. Modifications. Any extensions, changes or alterations to this MOA shall be
agreed to by all affected parties in writing before being undertaken.
5. Termination. Any party to this MOA shall have the privilege, with or without
cause, to cancel or annul this MOA at any time upon written notice given thirty (30) days in
advance of such termination.
IN WITNESS THEREOF, the parties have executed this MOA on the day, month, and
year mentioned above.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
5of6
COUNTY OF HAWAI`I
By
WILLIAM P. KENOI
Mayor
RECOMMEND APPROVAL:
a(1\(/).?
QUINCE MENTO
Civil Defense Administrator
APPROVED AS TO FORM
AND LEGALITY:
CRAIG . MASUDA
Deputy Corporation Counsel
STATE OF HAWAI`I STATE OF HAWAI`I
DEPARTMENT OF ACCOUNTING DEPARTMENT OF DEFENSE
AND GENERAL SERVICES
By .IIL��L By t ii
ir
for RUCE A. COPPA DAR a'YLL D.M. W•1 G
tate Comptroller Adjutant General
APPROVED AS TO FORM: APPROVED AS TO FORM:
611)04 67-0v-
Deputy Attorney General Deputy Attorney General
•
6 of 6
STATE OF
HAWAII )
SS.
COUNTY OF HAWAII )
On September 28, 2011 , 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 Hawai`i, a municipal corporation of the State of Hawai`i,that the seal affixed to the
foregoing instrument is the corporate seal of said Countyof Hawai`i the foregoing om instrument
g g
was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor of
the County of Hawaii by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai`i
(2010), as amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free
act and deed of said County of Hawai`i.
ae h,i4, L.
Notary Public, State of Hawaii
Printed Name: Guillerma G. Sumera
My commission expires: 9/22/13
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Memorandum of Agreement =
State Dept of Defense and Accounting& General Services
Doc. Date: ErUndated at time of notarization.
No. of Pages:p7 Jurisdiction: Third Circuit
L .S . I.1..L. �1.1�,� . �1 , Li 9/28/11
Signature of Notary Date of Notarization and
Certification Statement
Guillerma G. Sumera
Printed Name of Notary