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RES 323 Draft 01 2010-2012
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RES 323 Draft 01 2010-2012
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Last modified
1/24/2017 1:59:29 PM
Creation date
11/14/2012 3:57:36 PM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2010-2012
Bill/Resolution
323
Draft
01
Introducer
Brenda J. Ford, Council Member
Referred To
COUNCIL
Action 1
Council: Res. 323-12 filed due to vote count (4-ayes, 4-noes, 1-absent)- 11/21/12
Status
Filed
Reading Number
1
Reading Date
11/21/2012
Ayes
4-Ford;Hoffmann;Smart;Yagong
Noes
4-Ikeda;Onishi;Pilago;Smart;Yoshimoto
Absent
1-Blas
Excused
0
Document Relationships
AGE COUNCIL 11/21/2012 2010-2012
(Related To)
Path:
\Council Records\Agendas\2010-2012\Council
COM 0908.000 2010-2012
(Related To)
Path:
\Council Records\Communications\2010-2012
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are hereby transferred to the respective chief procurement officers." (underscored for emphasis <br />only); and <br />WHEREAS, the Hawaii Revised Statutes state in § 103D-209: <br />"§ 103D-209 Authority to contract for certain services. Except as provided in section 28-8.3 with <br />respect to agencies of the State of Hawaii, any governmental body of this State may act as a <br />purchasing agency and contract on its own behalf for professional services subject to this chapter <br />and rules adopted by the policy board. The purchasing agency may consult with the chief <br />procurement officer or the officer's designee when procuring these services." (underscored for <br />emphasis only); and <br />WHEREAS, the Hawaii Administrative Rules, amendment to Chapter §3-120-4 states <br />in §3-120-4, Procurement exempt for chapter 103F, HRS. <br />"(a) Notwithstanding the intent of chapter 103D, HRS, to require governmental bodies to <br />procure their goods and services through competitive bidding, it is acknowledged that there <br />may be situations where practicable or not advantageous to the State." Additionally, there <br />exists "Exhibit A" which lists the services exempted and includes: <br />"Exemption Number Exemption <br />4. Services of legal counsel, guardian ad litem, psychiatrists, <br />psychologists, receivers and masters when required by court <br />order", and further states in Exhibit A the names of the chief <br />procurement officers which includes the chairperson of the Hawaii <br />County Council, Dominic Yagong" (underscored for emphasis <br />only); and <br />WHEREAS, in the State Procurement Code there exists a list of the Chief Procurement <br />Officers which is attached as Exhibit A; and <br />WHEREAS, the County Charter of the County of Hawaii in section 10-14, Central <br />Purchasing, subsection (a) states: "The department of finance shall be responsible for the <br />
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