2016-03-03 Hearing Transcript - Update Puna Pono Alliance et al GAF Claim

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procurement officer, if I’m using the right term, or has to procure the services, so that being said, then it suggests that any award of monies may have to go, be awarded to the County, and then, the County goes through the RFP process which then in order to secure the needed services. You can even look back as far as the Adler study that also recommends that process. HEAUKULANI: Commissioners, any other questions for staff? Commissioner Miyasato. MIYASATO: I guess kind of to—I guess for the understand—I kind of feel like we’re back at square one. I—I thought we were at a different stage, but so what you’re saying is that a RFP at this point needs to be authored, put out, bids come in, someone’s selected, then that selection has a labelled amount on it that needs to go back to the claims adjuster approved and then be approved? ARAI: No, I think what needs to be done is a claim needs to be restructured, and that claim then filed with the claims adjuster pursuant to your rules. A recommendation from the claim adjuster is then offered to the Planning Commission for its consideration, and then the Commission decides whether to award the claim. Should the claim be awarded, then an RFP can then be structured around the awarding of the claim. MIYASATO: Okay, I understand that process. I guess, you know, when we had the first go around, I kind of asked the question if that was a sufficient amount at that time, and it just, I guess it just kind of seems how if you have a set amount that’s publicly stated and you go out for RFP’s, I guess it’s kind of known that you have to, that’s the starting point, and you go below that. I mean, it just seems weird that you have an amount first before you go out, and you can kind of—you go out and get qualified people and their prices and then submit that amount and you can lock it in. ARAI: I understand, and it’s not like I fully understand the procurement process, too, although it’s been challenging to review it, but it does occur. I mean, the County or anyone for that matter, will do their best efforts to do a cost analysis in—I guess we have someone who’s more qualified than me. HEAUKULANI: Good morning, Mr. Brilhante. BRILHANTE: Good morning, Chair and fellow Commissioners. William Brilhante, Assistant Corporation Counsel. I think I kind of understand the gist of Commissioner Miyasato’s question, and I just wanted to respond accordingly. I think we’re having a discussion regarding two issues that came up, you know, initially, when this application came forward. First, there was the issue regarding the denial by the claims adjuster related to the claim. In his denial, he stated specific reasons or justifications to base his denial on, and I think one of them was the fact that the contract was specifically, the study would be contracted with a specific individual. I think that was one of his claims. When we had that 4 EXHIBIT E