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COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 201 11 RESOLUTION AMENDING RESOLUTION NO. 34-11 AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF A MULTI -FISCAL YEAR AGREEMENT FOR FURNISHING AND IMPLEMENTING ORGANIC WASTE DIVERSION SITES AND COMPOST OPERATIONS IN WEST HAWAII AND EAST HAWAII FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT WHEREAS, Resolution No. 34-11, adopted on March 2, 2011, in accordance with Article X, Section 10-11 of the Hawaii County Charter, authorized the Mayor to enter into a multi-year contract for services of furnishing and implementing organic waste diversion sites and compost operations in West Hawai'i and East Hawaii for the Department of Environmental Management and that sufficient funds be budgeted in future fiscal years to cover the anticipated obligation of the County under the terms of the agreement; and WHEREAS, said organic waste diversion and compost operations are complex, and are suited for procurement by requests for proposals pursuant to § 103D-303, Hawai'i Revised Statutes ("HRS"), which requires flexible evaluation of proposals to obtain the most advantageous proposal, taking into account price and other evaluation factors; and WHEREAS, the recitals to Resolution No. 34-11 made reference to "the high equipment and operations start-up costs, estimated at between $1,500,000 and $2,000,000" for the organic waste diversion and compost operations; and WHEREAS, the recitals to Resolution No. 34-11 stated that "it is in the County's best interest to contract the operation of organic waste diversion sites based on a ten (10) year agreement at an estimated price per ton not to exceed an annual average of $70 and provide the Director of Environmental Management with the ability to negotiate for two (2) option periods of up to five years each to extend the contracted services, subject to review by the County Council"; and WHEREAS, the Department of Environmental Management has requested that the foregoing estimates of "high equipment and operations and start up costs, estimated at between $1,500,000 and $2,000,000" and the contract limitation "at an estimated price per ton not to exceed an annual average of $70" be deleted, because under the circumstances they impede the full evaluation of proposals considering all criteria as required under HRS § 103D-303; and WHEREAS, it is in the best interests of the County that the organic waste diversion and compost operations proposals be fully evaluated considering all criteria stated in the request for proposals, to obtain the most advantageous proposal; and