RES 031 Draft 01 2012-2014 - Laserfiche WebLink

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WHEREAS, Article X, Section 10-14(c) of the County Charter requires that all purchases and contracts for materials, supplies, equipment and services shall be made in accordance with Hawai' i Revised Statutes and rules and regulations established by the state procurement policy office thereto; and WHEREAS, Article XIII, Section 13-13(d) of the County Charter requires that all written contracts to which the county is a party shall be approved by the director of finance as to the availability of funds in the amounts and for the purposes set forth therein if they involve financial obligations of the county, and that contracts shall not extend beyond the term for which an appropriation to finance such obligations has been made, except as otherwise provided by the Charter; and WHEREAS, Hawaii Administrative Rules § 3-122-96(a)(2)(D) provides that a solicitation may be cancelled after opening but prior to award if prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds; and WHEREAS, under the foregoing history, and the foregoing provisions of State and County law authorizing RFP procurement of best value for the County, and providing safeguards against contract obligations exceeding available funds, it would be in the county's best interest to authorize the Mayor to enter into a multi-year contract as stated in Resolution No. 34-11 (Draft 2), but without specifying a per -ton price limitation; and WHEREAS, Article X, Section 10-11 of the County Charter requires that any contract, lease or other obligation requiring payment of funds from the appropriations of a later fiscal year or more than one fiscal year be approved by resolution; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Article X, Section 10-11 of the Hawaii County Charter, the Mayor is hereby authorized 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 Hawai' i 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.