RES 135 Draft 01 2016-2018 - Laserfiche WebLink

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WHEREAS, Sections 10.10 and 10.29 of the Contract, and Section 15 of the County's Special Provisions, permit the Contracting Officer to make modifications to the Contract; and WHEREAS, the Environmental Assessment for the in -vessel Composting Facility identified in the Contract, which is required before finalizing the site for the in -vessel Composting Facility, has not yet been completed; and WHEREAS, Article VIIh Section 8.1 of the Contract provides for modification to the Composting Facilities Design -Build Date, which may be extended due to the occurrence of an "Uncontrollable Circumstance"; and WHEREAS, on February 16, 2017, the Director of Finance submitted for introduction to the Council Resolution No. 101-17, which authorizes the payment of funds of a later fiscal year and a multi -fiscal year agreement for furnishing greenwaste diversion operations in West I lawai`i and East Hawaii for the Department of Environmental Management; and WHEREAS, on March 21, 2017, Environmental Management Committee members reviewed a confidential and privileged report referenced by the Mayor in his testimony at the March 7, 2017, Environmental Management Committee meeting; and WHEREAS, several members of the Environmental Management Committee found the cost analysis within this report to be flawed; and WHEREAS, on March 21, 2017, the Environmental Management Committee was not provided with any information to support the Mayor's statements claiming the Contract did not meet the County's 2009 Solid Waste Management Goals, as provided in his testimony during the March 7, 2017, Environmental Management Committee meeting; and WHEREAS, on Much 21, 2017, the Finance Committee, sent a strong unified message to the Mayor by voting unanimously to forward Resolution No. 101-17 to the Council with a negative recommendation; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAFI that it urges the Mayor to rescind the "Termination for Convenience" notice to the Contractor, dated Feb. 16, 2017, to best insure that the County's solid waste management goals are achieved. BE IT FURTHER RESOLVED that the Council of the County of Hawaii urges the Mayor to work with the Contractor to make mutually agreeable modifications to the Contract's Composting Facilities Design -Build Date and adjust Contract pricing as needed to reflect the new timeline.