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Department of Finance ~r-111 (28004)
~ ~.St-~~r.~.
Contract Routing Form ^ '
Date: June 16, 2005
Department: Office of the County Clerk ~1 .63
Contact: d ~ 8271
ame/ 1 e~ep'~ne P.xtension~
Name of Contractor: Laurence E. Capellas
Vendor Number: (If none, attach completed Form V-8)
To assist the County Council with certain legislative functions relating to
Purpose of Contract: environmental management issues.
Account No. to Chazge:: ~E~`~'~,i~~~ Fiscal Year : 2004-2005
Amount of Contract: $21 500 (contract from 6/16/05 - 9/12/05)
Procurement Approval: N/A ~
For contracts requiring multi-year commitm
Council Resolution Number: N/A Date Approved: N/A
(.iimch copy of resolufion)
ROUte t0: ® COit17TAl1~OP'~Review and sign contract before notary public
Date completed & forwazded to next: ~I
® Department Head(s) (Signature(s) recommending approval)
Date completed & forwarded to next: 6/16/05 N/A
iliona ep[.
® Purchasing Agent (Procurement review and reporting
Date completed & forwarded to next: ~~h 1 7 .`.00~
® Controller/Director of Finance (Cerr;Jicanon ofjunds)
Date completed & forwarded to next: ~u~~,.-l7_~0 c8J- -
X Civil Service (Director ofPersonne/ certification, required -
for a contract for services which are exempt pursuant to -
HRS §76J7 (7), (8) or (l2) ont .
Date completed & forwarded to next: _
.s-
® COrpOratlOn COLIISeI (Approve as to form and /egatityhl IN rZ 9 2~~5
Date completed & forwarded to next: JV
® M~~' (Review, notarized signature and date)
Date completed & returned to originating Dept.:
RETURN TO DEPARTMENT REQUESTING CERTIFICATION
for issuance of notice to proceed and distribution of contract copies to
affected parties and Controller (If Act 90 Services, complete attachment
"D" of Civil Service Circular #02-03 and fottivard additional copy of
contract and routing forms to Deputy Finance Director)
After execution of contract, retain this form in procurement file with all required attachments Page 1 of 4
pepanment o(Finance F-I i I (22004)
Checklist for Contracts
Initial Date
Included in the contract:
Sec. 103D-310 (see also HAR §3-122-112) N/A _
Sec. 104 prevailing wages for construction exceeding $2,000 N(A
Sec. 103-55 wage certificate requirement (services over $25,000) N/A
Inclusion of current applicable general conditions by reference N/A
On the contract:
Departmental recommendation of approval 6/16/05
Notarized signature of authorized representative of contractor 6!14105
Notarized signature of bonding agent (if applicable) N/A
Corporate seal of contractor (if applicable) N/A _
Appropriate clause for procurement exemption under HAR
§3-120-4(g) (if applicable) N/A
Appropriate clause regarding certification as exemption under
Sec. 76-77(7), (8), or (12) (if applicable) 6/16/05
Attached to contract:
State/IRS Tax Clearance Certificate -Form A-6 (Rev. 2003)
(valid for 6 months from issuance) (if over $25,000 or price
agreement likely to exceed $25,000) N/A _
Department of Labor and Industrial Relations Certificate -
Form LIR#27 (12103!03) (valid for 6 months from issuance)* NfA
Department of Commerce and Consumer Affairs Certification
BREG -Certificate of Good Standing (valid for 6 months from
issuance)* N/A
Bond (ifnon-construction or under $25,000, attach chief
procurement officer's approval to require bond) N/A _
Finance Director's certification of availability of funds N/A
Resolution of corporate or partnership authority N1A
Sec. 103-55 wage certificate (if services over $25,000) N/A
Insurance certificate(s) (if applicable) N/A
Other:
* Note: Only applicable to contracts of $2_5,000 or more acquired under Sec. 103D-302, 303,
304 or 306. If less than $25,000, State Tax Clearance, DLIR and DCCA-BREG are optional.
After execution of contract, retain this form in procurement file with all requited attachments Page 2 of 4
Department of Finance F-111 (22004)
Procurement Information
The information below is required so that Purchasing Division and Corporation Counsel can
determine if proper procurement procedures were followed in selection of contractor.
Bid No.: _ (IFB or RFP) Job No.: (Public Works)
Vendor selected by:
? Competitive sealed bidding (IFB) (HRS § 103D-302) *Arrach certefed cost and
prrcrng data from vendor if
? Competitive sealed proposals (RFP) (HRS § 103D-303) $)00,000 or more.
? Professional services procurement (HRS § 103D-304)
(eamplete and attach Professional Services Data -Form F-111P)*
? Small purchases (under $25,000) (HRS § 103D-305)
? Sole source procurement (attach approval) (HRS § 103D-306)*
? ~E{mer en ~ rocurement (attac~h,anoroval) (HRS § 103D-307)*
Reason:
Statutory/H.A.R. Authority:
Required Website Posting: State County
are are
Optional Advertising: ? Hawaii Tribune-Herald ? West Hawaii Today
? Other:
Dates} advertised:
Date of Pre-Bid Conference (if any):
Bid opening date or deadline for receipt of proposals:
Number Of responses: (Attach recap of responses tolFB, RFP, or quotation requests)
Qf only one response, see Procurement Rules, Sec. 3-122-35 jar IFBs or 3-722-59 for RFPs)
Was awardee lowest dollar offer? Yes ? No ?
If no, explain award (use extra page if more space needed):
I, Constance R. Kiriu , am employed by the County of Hawaii
print name
in the capacity of Clerk _ and hereby verify that the
position
information st//a~~ted above is true and accurate in the best of my knowledge.
6/16/05 L6~ ~ ~q/t~J 8271
( atet ignaMr2 xtensian. o.
After execution of contract, retain this form in procurement file with all required attachments Page 3 of 4
Department of Finance F-I11 (22004)
Department Head Certification:
? I certify that to the best of my knowledge, this contract is for goods only and any
services provided are incidental to the delivery, installation and/or
warranty/maintenance of said goods;
--or-
? I certify that to the best of my knowledge, services to be performed under this contract
have not been customarily and historically performed by Hawaii County civil servants;
--or-
X I certify that the services to be performed under this contract are exempt from civil
service pursuant to §76-77(x, Hawaii Revised Statutes. (If exempt under item (7), (8) or
(12) do not sign, complete Attachment A, B or C of Civil Service Circular #02-03 and submit
to Director of Personnel for approval with appropriate clause on signature page of contract.)
-or-
? I certify that the services to be performed under this contract are services of an
equivalent or better quality and are being provided at a lower cost than if the County
was to provide the services through County employees. This contract is being executed
under the auspices of Part II of Act 90, SLH 2001. ("Attach completed Attachment D of
Civil Service Circular #02-03)
Department Head Date
After execution of contract, retain this form in procurement file with all required attachments Page 4 of 4
Attachment B
Required Information for Certification Under Section 76-77(8), Hawai `i Revised Statutes
Note: Services to be exempt under Section 76-77(S), Hawaii Revised Statutes, may
not exceed 90 days in length. An extension of 90 days is permitted for good cause,
but will require the same certification by the director as the origina190-day period.
1. Describe the services to be provided and why the services are only needed for the
specific period of time (90 days or less).
i I~
CONTRACT '
THIS AGREEMENT, made and entered on , by and between
the COUNTY OF HAWAII, a municipal corporation, duly organized and existing under the
laws of the State of Hawai` i, by ~If-IM, its~ofayot; whose principal place of business and
mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereafter called "COUNTY," and
LAURENCE E. CAPELLAS, whose address is 131 Terrace Circle, Hilo, fIawai`i 96720,
hereinafter called "EMPLOYEE."
That for and in consideration of FORTY AND NO/100 DOLLARS ($40.00) per hour, not
to exceed thirty hours per week, the EMPLOYEE agrees to provide services as a special
employee for the COUNTY as a LEGISLATIVE ASSISTANT, commencing on June 16, 2005,
and terminating as of the close of business on September 12, 2005, provided that the continuation
of this contract beyond June 30, 2005, shall be subject to availability of funds and recertification
of such funds by the Finance Director. The salary shall be paid semimonthly and subject to
applicable federal and state taxes. This CONTRACT shall be subject to additional terms.
conditions, and covenants and the Statement of Duties and Responsibilities which are attached
hereto as Exhibit A and Exhibit B, and made a part thereof.
It is understood and agreed that any services to be provided in accordance with the terms
of this CONTRACT may be terminated immediately, in whole or in part, upon a finding by the
COUNTY or any court of competent jurisdiction that these services must be provided by public
employees, pursuant to Civil Service or other law. It is further understood, that should such a
finding be made, the COUNTY will not be liable under this CONTRACT for any resulting
damages, and such a termination will not be considered a breach of this CONTRACT.
It is also understood and agreed that the EMPLOYEE is bound by all provisions of the
Hawaii County Code of Ethics and that, as such, shall not engage in any activity which might
constitute a conflict of interest as defined by the Code of Ethics. Additionally, the EMPLOYEE
shall make full disclosure in writing of the possession or acquisition of any interests, financial or
otherwise as might reasonably tend to create a conflict with the public interest.
IN WITNESS WHEREOF, the COUNTY has caused this agreement to be executed in
Hilo, County and State of Hawaii, and the EMPLOYEE has caused this agreement to be
executed in Hilo, County and State of Hawaii, as of the day and year first above written.
RECOMMEND APPROVAL: COUNTY OF HAWAII
~Z ~C~r~~ ~,~Y
Constance R. Kiriu -ftarry-IFim
County Clerk, County of Hawaii Its ~4ayrx
APPROVED A3 TO FORM EMPLOYEE:
AND LEGALITY:
Dep orporation Counsel au ence E. Ca~ae las
County of Hawaii ~
Dated: ~~N 2 9 2005 The services described herein are temporary
in nature, not exceeding 90 days.
Recruitment through normal civil service
APPROVED AS TO AVAILABILITY OF procedures are not practicable. This
FUNDS IN "fHE AMOUNTS AND FOR certification is made pursuant to §76-77(8),
THE PURPOSES SET FORTH HEREIN: Hawai`i Revised Statutes.
Di tcer
or of nance Director of Personnel
County of Hawaii Department of Civil Service
Dated: JUN ~ ®L~~S County ofHawai'i
(funds from fiscal year beginning July 1, <i ` 1
-2-
STATE OF HAWAII ) '
SS.
COUNTY OF HAWAII )
On this day of , 2005, before me personally appeared HARRY
KIM, to me personally known, o, being by me duly sworn, did say that he is the Mayor of the
County of Hawaii, a municipal co oration of the State of Hawaii; that the seal affixed to the
foregoing instrument is the corporate eal of the said County of Hawaii; that the foregoing
instrument was signed and sealed in be if of the County of Hawaii by authority given to said
Mayor of the County of Hawaii by Secti 5-13(g) of the County Charter, County of Hawaii
(1991), as amended; and said HARRY KI cknowledged said instrument to be the free act and
deed of said County of Hawaii.
Notary P lic, State of Hawaii
My commis ~on expires:
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this 1 day of ~U.vti; 2005, before me personally appeared
~~UYc'hCf~ F-. C~•~ zp {as, to me known to be the person described in and who executed the
foregoing instrument, and acknowledged that he executed the same as his free act and deed.
i Notary Public, State of Hawaii
U
My commission expires: ~ ' U F
E
-3-
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this ~ day of , 2005, before me
personally appeared DIXIE KAETSU, to me personally known, who, being by me duly
sworn, did say that she is the Managing Director of the County of Hawaii, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is
the corporate seal of said County of Hawaii; that the foregoing instrument was signed
and sealed in behalf of the County of Hawaii by authority given to said Mayor of the
County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000),
as amended, and assigned by the Mayor to the Managing Director pursuant to
Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said
instrument to be the free act and deed of said County of Hawaii.
JEAN (ERNES
Notary Public, State of Hawaii
My commission expires: 11/1/2005
EXHIBIT A
EMPLOYEE-EMPLOYER CONTRACT
ADDITIONAL TERMS, CONDITIONS AND
COVENANTS OF EMPLOYMENT
(Personal Services)
1. The Employee shall perform the duties as shown on Exhibit B, and made a part
hereof, under the direction of the Council Chair, the County Clerk and the Deputy
County Clerk.
2. The County of Hawaii shall provide all liability and legal protection and assume all
liability and legal responsibilities as may be provided to a regular County employee
who holds the position of legislative assistant, for all professional services provided
by the Employee under this contract.
3. Overtime payments shall be made as regulated by law and the rules relating to
overtime of the County of Hawaii.
4. The Employee shall prepare and submit a time sheet semimonthly for employment
compensation.
5. This contract is for personal services and cannot be assigned or delegated without the
prior written consent of the County of Hawaii.
6. Unless a new contract is entered, the Employee shall not be entitled to continue
employment after the completion of this contract.
7. This contract may be terminated without cause by either party upon ten days written
notice to the other party before the effective date of such termination.
I have read, understand, and agree to the above conditions.
~ ~ /~¢/~5
E p yee: LAU CE E. CAPELLAS ~ Date
i
EXHIBIT B
STATEMENT OF DUTIES AND RESPONSIBILITIES
1. The Employee shall assist the County Council with certain legislative functions
described below and as directed by the Council Chair, the County Clerk and the
Deputy County Clerk.
Services to be Provided by the County of Hawaii:
1. Provide funds to the employee as agreed to in the contract.
2. Provide a working area with appropriate equipment and supplies at the Hilo
Council/Clerk OtTice.
3. Provide staff assistance from the Council/Clerk's Office when necessary.
Services to be Provided to the County:
1, Provide an evaluation of the solid waste program by reviewing, researching,
assessing and analyzing documents related to the implementation of the Solid
Waste Management Plan and the Update to the Solid Waste Management Plan.
Documents would include, but not be limited to, contracts, engineering drawings,
requests for proposals, bids, environmental assessments/impact statements,
daily/monthly/annual tonnage reports and receipts.
2. Prepare a report with findings and/or conclusions as to the status of the Plan's
implementation and, if appropriate, recommendations for improvement or re-
evaluation.
3. The evaluation above is focused on examining (a) a sampling of recycling and
diversion contracts, (b) the existing and proposed transfer station faciliti sE~
program, (c) the proposed sort station and reload facility, (d) waste reduction
technology RFP efforts, (e) the status of the Hilo landfill closure, and (f) general
compliance with Act 312 and 324, Session Laws of Hawar`~.
4. Other requested services including, but not limited to, technical engineering
reviews and technical/engineering advice on various Council matters.