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Home My WebLink AboutCOM 0855.000 2018-2020 • J ofM.'..Harry Kim Deanna S. Sako Mayor • :n` ��`�� Director *: _ Steven A. Hunt ,;•:k14:• —..ow�'�` Deputy Director .14 County of Hawaii Finance Department 25 Aupuni Street,Suite 2103 • Hilo,Hawai`i 96720 , (808)961-8234 • Fax(808)961-8569 - January 31, 2020 - � Aaron Chung, Council Chair and Members of the Hawai`i County Council , Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 Re: Agreement with the State of Hawai`i The State of Hawai`i has agreed to reimburse the County for overtime costs, supplies, equipment, signal attendants and other expenses incurred by the Hawai`i County Police Department and the Office of the Mayor in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Enclosed is a resolution to enter into an agreement with the State of Hawai`i to accept these funds. The Police Department respectfully requests that a breach be authorized to submit this resolution after the January 30, 2020 submission deadline. If there are any questions, please do not hesitate to call Hauoli Aiona of the Hawai`i County Police Department at 961-2273. 143 Deanna S. Sako Director of Finance _ Enc. c: Police <Rts. .s(os-Do • • Comm.No. .. Rot-To: Hawaii County is an Equal Opportunity Provider and Employer Ref.Date ` I.i Ioi' c. Invoices for reimbursement shall be submitted as required by the State,including on appropriate forms as provided by the State. All invoices submitted to the State shall be approved by an authorized representative of HCPD or die eta iots coi3 ice.prior to submittal. d. The State will use its best efforts to reimburse the County for response expenses ' within two(2)months of the submittal of the request for reimbursement or the effective date of this MOA. If the State disputes or questions any of the response expenses,the State shall reimburse the County for undisputed and acceptable costs while the parties work together in good faith to resolve any disputes. e. The County shall permit and have readily available for examination and auditing by the State and any of its duly authorized agents and representatives,any and all records,accounts,invoices,receipts or other documentation evidencing or justifying response expenses. f. The parties understand and acknowledge that the County may have incurred response expenses prior to July 15,2019,and agree that the reimbursement procedures in this MOA shall retroactively apply to the State's reimbursement of these response expenses: IV. TERM OF MEMORANDUM OF AGREEMENT This MOA shall become effective upon execution. This MOA will be terminated once the joint Deleted: and shall remain in effect for five(5)years from operation to respond to the TMT protests has ended,or otherwise upon mutual agreement of the the effective date or until terminated whichever occurs parties. In the event of termination,the State is obligated to reimburse the County for any earlier undisputed response expenses incurred up to and including the date of termination. V. NOTICE Notices: All notices,requests,demands and other communications under this MOA must be in writing and will be deemed to have been given on the date of service if served personally on or emailed to the party to whom notice is to be given,or on the third day after mailing,if mailed to the party to whom notice is to be given,by first-class mail,registered or certified,postage prepaid,and unless either party should notify the other of a change of address,properly addressed,as follows: If to the County: Hawaii County Finance Department 25 Aupuni Street,Suite 2103 Hilo,Hawai`i 96720 ATTN:Deanna Sako,Director Telephone: (808)961-8234 Email:Deanna.Sako@hawaiicounty.gov 2 MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF HAWAI`I AND STATE OF HAWAI`I The County of Hawai`i("County")and the State of Hawai`i("State")enter into this Memorandum of Agreement("MOA")this day of ,2019 for the purpose of reimbursing the County for overtime salary costs and other expenses incurred by the Hawai`i County Police Department("HCPD") incl•,t the Off:ic vf'the i iv(ir for activity relating to the protests of the construction of the Thirty Meter Telescope("TMT")on the summit of Mauna Kea. I. BACKGROUND In anticipation of protest activity on or around Mauna Kea,State and County law enforcement agencies and first responders convened a joint operation to prepare and implement the response needed to maintain law and order and ensure the safety and welfare of the public.Pursuant to this joint operation,the State agreed to reimburse the County for expenses incurred by HCPD relating to the TMT protests. II. PURPOSE This MOA establishes the procedures and responsibilities of the State and County for reimbursement of overtime and other expenses incurred by HCPD and the i1-lavor''s OCl ice in preparation for and in response to the TMT protest activity on or near Mauna Kea. Nothing in this MOA should be construed as limiting'or impeding the basic spirit of cooperation that exists between the parties. This MOA is not intended,and should not be construed,to create any right or benefit,substantive or procedural,enforceable at law or otherwise by any third party against the parties,or the officers,employees,agents,or other associated personnel thereof. III. PROCEDURES TO REQUEST REIMBURSEMENT The parties agree to the following procedures for the County to request reimbursement: a. The County will request reimbursement for overtime salary and other expenses incurred by HCPD and the l'layoc's OI'licein preparation for and in response to protest activity on or around Mauna Kea directly related to TMT("response expenses").Response expenses include but are not limited to the purchase of equipment,supplies,and meals. The County will submit all requests for reimbursement payments to the State with appropriate documentation,which shall include invoices and other detailed documentation evidencing the nature of the expenditure,including the description,quantity,and value of the expenditure,and if relevant,to whom the expenditure was made. b. The County will remain responsible for justifying the costs of the overtime salary for officers assigned to respond to the TMT protest and for officers compensating the staffing shortage resulting from deployment of officers to respond to the TMT protest. 1 • If to the State: Department of the Attorney General 425 Queen Street Honolulu,Hawai`i 96813 ATTN: David Moore,Administrative Services Manager • Telephone: (808)586-1287 VI. DISPUTE RESOLUTION In the event any dispute arises between State and County concerning any aspect of this MOA, both parties will use their best efforts to address and resolve such disputes within a timely manner so that response efforts are not adversely affected. A meeting between both parties will be held in a mutually agreed location,or alternatively if desired,by video conference between • the parties. In the event that State and County are unable to resolve the dispute,State and County agree that the venue for any litigation or alternative dispute resolution,which alternative dispute resolution will be non-binding,between the parties hereto which may concern this MOA shall be in the venue or within the jurisdiction of the Circuit Court of the Third Circuit,State of Hawaii. VII. AMENDMENTS Any modification of this MOA shall be effective only if made in writing and signed by duly authorized representatives of all Parties hereto. If the Parties agree upon any modification of any term or condition of this MOA,all other terms and conditions of this agreement which are not expressly modified shall remain in full force and effect VIII. NO PRIVATE RIGHT CREATED This is an internal governmental agreement and is not intended to confer any right or benefit to any private person or party. IX. NO WAIVER No waiver of any provision of this MOA shall be binding unless executed in writing by the party to be bound thereby. The failure of a party to insist upon strict adherence to any term or condition of this MOA on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or condition or to any other term of' this MOA. 3 X. SEVERABILITY The provisions of this MOA are severable. The invalidity,illegality,or unenforceability,in whole or in part,of any provision of this MOA shall not affect the validity,legality,or enforceability of any other of its provisions. If one or more provisions hereof shall be declared invalid,illegal,or unenforceable,the remaining provisions shall remain in full force and effect and shall be construed in the broadest possible manner to effectuate the purposes hereof. The parties further agree to replace such invalid,illegal,or unenforceable provisions with provisions which will achieve,to the extent possible,the purposes of the invalid,illegal,or unenforceable provisions. XI. COUNTERPARTS This MOA may be signed in any number of counterparts,each of which when executed and delivered shall constitute and be deemed an original and all of which together shall constitute one and the same agreement,with the same effect as if the signatures thereto and hereto were upon the same instrument,notwithstanding that all of the parties are not signatories to the same original or counterpart,or that signature pages from different counterparts are combined. The signature of any party to any counterpart shall be deemed to be a signature to and may be appended to any other counterpart. Certified photocopies or secure pdf or equivalent documents shall be deemed as originals for purposes of executing this MOA. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY. 4 • IN WITNESS WHEREOF,the parties hereto have hereunto set their hands on the day and year . first above written. COUNTY OF HAWAII By: RECOMMEND APPROVAL: PAUL FERREIRA,Chief Hawai`i Police Department RECOMMEND APPROVAL: DEANNA SAKO,Director Department of Finance APPROVED AS TO FORM AND LEGALITY: RENEE N.C.SCHOEN Assistant Corporation Counsel County of Hawai`i • STATE OF HAWAI`I By: Clare E.Connors,Attorney General 5 e1 DF ti MAIZE MEDEIROS DAVID v� �� AARON S.Y. CHUNG cor� � 9� Chairperson ti\ur,� KAREN EOFF <-�%� ��. *f * MATT KANEALI`I-KLEINFELDER IJV== HERBERT"TIM"RICHARD S, III �, .. ASHLEY L. KIERKIEWICZ Vice Chair 17rF aF NSP SUSAN L. K. LEE LOY VALERIE T. POINDEXTER REBECCA VILLEGAS HAWAI`I COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 April 1, 2020 Aaron S. Y. Chung, Council Chair Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 RE: RESOLUTION NO. 568-20 : RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF HAWAII PURSUANT TO HRS 46-7, FOR A GRANT TO THE COUNTY OF HAWAII Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai`i, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Finance tothe 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 on its future Finance for placementagenda. Sincerely, II Maile Medeiros David, Chair Committee on Finance Approved/Date/Waive to Council: Disapproved/Date/Refer to FC: eff.'"1"" hai Aaron S. Y. Chun Council Chair Aaron S. Y. Chung, Council C g� Hawai`i County Council Hawai`i County Council Hawai`i County Is an Equal Opportunity Provider And Employer