RES 168 Draft 01 1996-1998 - Laserfiche WebLink

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. . V\~\\l,\ '(\\,OL . , . ~ COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1G8 97 RESOLUTION TO AUTHORIZE AMENDMENT OF THE MUL TI- YEAR CONTRACT FOR THE CONSTRUCTION, OPERATION AND CLOSURE OF THE WEST HAW All LANDFILL. WHEREAS, Resolution 49-93 authorized the multi-year contract with Waste Management of Hawaii, Inc. (WMI) for the construction and operation of the West Hawaii Landfill; and WHEREAS, the County entered into a contract with WMI for the construction and operation of the West Hawaii Landfill dated April 21, 1993; and WHEREAS, the Hawaii Supreme Court's ruling in Konno v. County of Hawaii, 85 Hawai'i 61, 937 P.2d 397 (1997), held that the WMI contract violated civil service laws by privatizing work that had "historically and customarily" been done by civil service workers; and WHEREAS, Third Circuit Court Judge Riki May Amano on remand has ruled that WMI may continue to do cell preparation, conduct closure and post-closure maintenance at the West Hawaii Landfill; and WHEREAS, the County of Hawaii desires to continue those portions of the WMI contract that are not in violation of the Supreme Court's order in Konno; and WHEREAS, the County, through its Department of Public Works, and WMI have agreed to amendments to the existing contract to reflect the new scope and conditions of work; and WHEREAS, Section 9.4 of the current contract requires that any amendments to the agreement be made in writing and include all formalities including council approval; and WHEREAS, Section 10-11 of the Hawaii County Charter requires approval by the Hawaii County Council of any contract or obligation that requires payment of funds from the appropriation of a later year;