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WHEREAS, it is in the County's best interest to contract the operation of organic waste <br />diversion sites based on a ten (10) year agreement and provide the Director of the Department of <br />Environmental Management with the ability to negotiate for two (2) option periods of up to five <br />years each to extend the contracted services, subject to review by the County Council; and <br />WHEREAS, the Council recognized all of the foregoing in Resolution 34-11 (Draft 2), A <br />Resolution Authorizing the Payment of Funds of a Later Fiscal Year and of A Multi -Fiscal Year <br />Agreement for Furnishing and Implementing Organic Waste Diversion Sites and Compost <br />Operations in West Hawai 'i and East Hawai 'i For the Department of Environmental <br />Management, approved by Council on March 2, 2011, but also recited therein that it was in the <br />best interest of the county to contract "at an estimated price per ton not to exceed an annual <br />average of $70"; and <br />WHEREAS, The County solicited and received proposals for operation of organic waste <br />diversion sites and compost operations via RFP No. 2738 but the proposal which the County <br />determined was the best value to the County, taking into consideration price and the evaluation <br />criteria in the RFP, was not priced within the $70 per ton limit recited in Resolution 34-11 (Draft <br />2), causing the County to cancel RFP No. 2738; and <br />WHEREAS, the Hawaii Public Procurement Code, at § 103D -303(g), Hawaii Revised <br />Statutes, provides that for RFPs, "award shall be made to the responsible offeror whose proposal <br />is determined in writing to be the most advantageous, taking into consideration price and the <br />evaluation factors set forth in the request for proposals," and <br />WHEREAS, the Hawaii Public Procurement Code, at § 103D -203(b)(1), Hawaii <br />Revised Statutes, provides that for the County executive branch, inclusive of the Department of <br />Environmental Management, the Chief Procurement Officer is the County Finance Director; and <br />WHEREAS, Article X, Section 10-14(a) of the County Charter requires that the <br />department of finance shall be responsible for the procurement of all materials, supplies, <br />equipment and services required by any agency of the county, except as otherwise provided by <br />the charter or other law; and <br />