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HomeMy WebLinkAboutCOM 0043.001 2020-2022 M. Committee on Regenerative Agriculture, Water, Energy Environmental Management Testimony for January 5, 2021 Meeting Subject: How will Mr. Mansour overcome material breach of Exhibit A Scope of Work Section 2.3.3 Subtask 3.2.c. Endangered Species Act for Naalehu Large Capacity Cesspool Replacement project, County of Hawaii Contract c. 007672, Project No.: 153740? The Naalehu Sewage contract for environmental review provides factual evidence of the illegality of the services Brown and Caldwell and other consultants have contractually promised to provide to the County. According to c.007672, the Endangered Species Act {ESA} CONSULTANT "services" were to "coordinate" a "Section 7" "consultation" between [State of Hawaii] DOH and the U.S. Department of the Interior Fish and Wildlife Service (USFWS), but only FEDERAL agencies —not the State DOH— are eligible for Section 7 consultation. How does Mr. Mansour propose to overcome this factual evidence of illegal contractual terms for services regarding County's requisite compliance with the ESA? Thank you, Sandra L. Demoruelle, R.N. Ref. o: Ref. Date—,W4 - 5 2021