COM 0041.001 1996-1998 - Laserfiche WebLink

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ER Complaint - Missappropnation of State Glass Container Tax Page 4 Management a Scope of barvices for a Glass Recycling Program in order for ti ~e County of Hawaii to receive the State funds . Without the Scope of Services submitted to the State the County of Hawaii would not be able to contract with the State for specific funding. The County of Hawaii with knowledge that a Scope of Services would have to be established erred by not including that Scope of Service guidelines in RFP 1533. The fact is that no contract for glass recycling and no availability of funds would be complete without that Scope of Service induded in the Contract 96112 generated from RFP 1533. The County used Recycling Systems of Hawaii RFP proposal as the Scope of Service to secure State monies. The County and Recyding Systems together were looking forward to the State funds to arrive in January 1995. Recyding Systems of Hawaii proposed the necessary glass recycling program to secure State funds under the non-specific category of `other' in RFP 1533. The County and Recycling Systems plan was to collect the State tax for one quarter (Oct. thru Dec. 94') and the County would award the money for RFP 1533 (submittal date of January 5, 1995) to Recyding Systems. However, the State did not start to collect the tax until June 1, 1995, six months after the RFP deadline and nine months from the State's earlier proposed starting date, as well as, Contract 96112 was signed eleven months after the January 95' RFP deadline, on November 3, 95. Procurement Code 103D-309 states that the contract is not binding unless funds are available. Further, stated in RFP 1533 (proposal page 3) the programs would be initiated, "beginning approximately February 1, 1995" and on (specification page 10), "The County's implementation date is on or about February 1, 1995". Contract 96112 was signed on November 3, 1995, because funds anticipated in January were not available. This is important because it further proves that either both parties were in direct knowledge of the availability of x216,000 at the original contract date of January/February 1995 or the contract amounts were left open until the actual contract date of November 3, 1995, which would point to the fact that the County and Recycling Systems of Hawaii were actually entering into an agreement prior to the availability of funds or knowledge thereof. RFP 1533 (proposal page 3) states very clearly, "The undersigned (Bidder or perspective bidder) hereby proposes to furnish and pay all necessary labor, equipment, transportation, supplies, and all other actual or implied expenses connected thereto to provide contract services". In other words the County will not pay for the purchase or leasing of equipment or supplies and transportation. Plus, the County will not pay for labor to pertorm the necessary duties. The bidder must supply any equipment...etc. and Tabor. For example If a perspective bidder wanted to recycle baby diapers, than the bidder will have to pay for their own truck and the labor to drive it and the equipment to process the diapers...etc.