Loading...
HomeMy WebLinkAboutCOM 0855.001 2018-2020 Harry Kim +t"' •".!,,,• . Deanna S. Sako Mayor ' Director •: �.�1!; '. :*. Steven A. Hunt • '•d Deputy Director ATF pf�N►�_- County of Hawaii Finance Department 25 Aupuni Street,Suite 2103 • Hilo,Hawai`i 96720 (808)961-8234 • Fax(808)961-8569 April 9, 2019 irW9 Aaron Chung, Council Chair and . . Members of the Hawai`i County Council • -0 Hawaii County Council ,,i 25 Aupuni Street • Hilo, Hawai`i 96720 as Re: Proposed Amendments to Communication No. 855, Resolution 568-20 On January 31, 2020, Resolution 568-20 was transmitted to Council with a cover letter and proposed MOU (Communication No. 855)to allow the Mayor to enter into a grant agreement • with the State of Hawai`i. Please see below proposed amendments to Resolution No. 568-20, correcting grant recipient details. The proposed amendments are shown in Ramseyer format with respect to the contents of Resolution No. 568-20, material to be deleted is bracketed and stricken through, material to be added is underscored. 1. The first WHEREAS clause is amended to read as follows: "WHEREAS,the Hawaii County Police Department and the Hawai'i County Office of the Mayor County of Hawai`i wishes to enter into a memorandum of agreement(MOA) with the State of Hawai`i; and" 2. The second WHEREAS clause is amended to read as follows: "WHEREAS,the agreement is to receive funds from the State of Hawai`i to reimburse the County for overtime costs, supplies, equipment and other expenses incurred by the Hawai`i County Police Department and the Office of the Mayor up to and including December 31, 2019, in response to the protest activities related to the construction of the Thirty Meter • Telescope on the summit of Mauna Kea; and" A draft copy of proposed Resolution No. 568-20, Draft 2 and amended MOU (Communication No. 855) is attached. If you have any questions, please do not hesitate to call me at 961-8092. Deanna Sako Director of Finance Comm. No: . _ ReE. To: s, . • Hawaii County is an Equal Opportunity Employer and Provider Ref.Date _.IA) MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF HAWAII AND STATE OF HAWAII The County of Hawai`i("County")and the State of Hawaii("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 Hawaii County Police Department("HCPD")and the c)llILLoI the\lti‘in 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 N1}1.... .()l.licc_.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 in 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 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 Ilkt.,_, ul l 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 Kling Ucc This MOA shall become effective upon execution and.over tIi Haul loti tlo11.0111 July 1 2019 up to tt�ti incl andDeleted. and shall remain in effect for five(5)years from ; 1 _1 t 19 -..._._.._ _..__ the effective date or until terminated,whichever occurs V. NOTICE earlier. This MOA will be terminated once the joint operation to respond to the TMT protests has ended,or otherwise upon mutual agreement of the parties. In the event Notices: All notices,requests,demands and other communications under this MOA must be in of termination,the State is obligated to reimburse the County for any undisputed response expenses incurred up to and writing and will be deemed to have been given on the date of service if served personally on or including the date of termination. ¶ 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: Hawai`i County Finance Department 25 Aupuni Street,Suite 2103 Hilo,Hawai`i 96720 ATTN:Deanna Sako,Director Telephone: (808)961-8234 Email:Deanna.Sako(uhawaiicounty.gov If to the State: Department of the Attorney General • 2 425 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 o.f which together shall constitute one and the same a eem n withh et e same effecif signaturesthereto w S�' h as the t e eto and hereto ere 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}'ear 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 Hawaii STATE OF HAWAI`I By: Clare E.Connors,Attorney General 5 �::-.1.,.":4,,; Y}F�:11.••. COUNTY OF HAWAII :'•�O = > �:•• STATE OF HAWAII '''''..:;,?..4------------------------ RESOLUTION NO. 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 WHEREAS, the County of Hawai'i wishes to enter into a memorandum of agreement (MOA) with the State of Hawaii; and WHEREAS, the agreement is to receive funds from the State of Hawaii to reimburse the County for overtime costs, supplies, equipment and other expenses up to and including December 31, 2019, in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea; 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, a grant agreement and related documents with the State of Hawaii for reimbursement of overtime costs, supplies, equipment and other expenses as described 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 Finance Department, and the Hawaii Police Department. Dated at , Hawai`i, this day of , 20_. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i CHUNG DAVID I hereby certify that the foregoing RESOLUTION was by EOFF the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER County of Hawaii on KIERKIEWICZ LEE LOY ATTEST: POINDEXTER RICHARDS VILLEGAS Reference: COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO.