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HomeMy WebLinkAboutCOM 0582.006 2004-2006 GARY Snl'nRIK yl,iq COMMI"I'FEhS (buncflmemher l)i.eu~ici I ~ Puna Afakui Environmental Managemrnt j ('hair Phone: (808)961-8267 Fax: (808) 961-8912 of Finance F;mail: gsafurikR~co.hawaii.hi.us Tice-('hair ('uu~ily of Hamai'i Huivoi'i ('ouiail' (~uil~[in~; 2J .4upani S7ree~ lliln, llne~ai'i 96"3(I January 30, 2006 MEMORANDUM 1~0: Stacy K. Higa, Chair and Members of the Hawaii County Council PROM: Gary Safarik. Chair i Committee on Envir`onmen nagement RE: Conflict between Resolution No. 238-02 and Communication No. 582.2 Enclosed a copy of Resolution 238-02 (Draft 5) regarding the acceptance by the County of Hawaii of the Final Draft Update to the Integrated Solid Waste Management Plan, which passed the Council on November 20, 2002. Please note that the language in the third BE IT FUTHER RESOLVED on page 2 of the Resolution, states that "the Chair of the Committee on Parks and Environmental Management serve as a member of the RFP Evaluation Committee, along with the committee members selected by the administration." This language is in obvious conflict with the enclosed Communication No. 582.2, which is the letter from William'I'akaba and Mayor Harry Kim dated January 9, 2006, which states under the heading Evaluation of Stage 1 Proposals on page 2 that "the County Council is invited to designate an individual, council member or staff; to be an advisor to the evaluation process" rather than as a member of the RFP Evaluation Committee. This, in my view, is a change in policy that is the responsibility of the Council to amend. if needed, and is not up to the Administration to change without Council approval. [ spoke today with Bill Takaba, who indicated that the Resolution may not be valid given the probability of a conflict of interest for the Chair of the Committee on Environmental Management (EMC) to serve as a member of the RFP Evaluation Committee and also vote on funding for the procurement proposed in the RFP. We agreed that an opinion from Corporation Counsel in this matter is warranted. Given that even an "advisory" role by the EMC Chair in the evaluation process may create a conflict of interest, I propose further discussion of this issue with the Corporation Counsel at the next meeting oi'the Committee on Environmental Management scheduled fur February 14, 2006. Comrn. No. Sg2•~O Ref. To:_ N~` Ref. Date~~ //nn m'i ('m~re[r is nn lignin U/~portueih Prouder and Einp/over COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. O(= (Draft 5) RESOLUTION AUTHORIZING THE ACCEPTANCE BY THE COUNTY OF HAWAI`[ OF THE FINAL, DRAFT UPDATE TO THE INTEGRATED SOLID WASTE MANAGEMENT PLAN FOR THE COUNTY OF HAWAI`1 WHEREAS, Chapter 342G, Pari [IL SS342G-21, et seq., entitled Integrated Solid Waste Management Planning, requires that each county is to submit to the Office of Solid Waste Management of the State Department of Health an integrated solid waste management plan that has been formally adopted by the County of Hawaii and is consistent with the requirements of Chapter 342G; and WHEREAS, on October 5, 1994, the County Council of the County of Hawaii adopted Resolution 291-94, which authorized the acceptance of the Integrated Solid Waste Management Plan; and WHEREAS, Chapter 342G, Part III, SS342G-24 delineates the schedule and requirements for updating the plan; and WHEREAS, Harding ESE has submitted this Final Draft Update to the Integrated Solid Waste Management Plan for the County of Hawai' i; WHEREAS, potential vendors have expressed the ability to fund any construction for a solid waste diversion technology, including waste sorting stations; and WHEREAS, the Council would like to have an opportunity for input and collaboration with the Mayor in the evaluation of proposals for an Integrated Solid Waste diversion technology, and requests that for this reason, the Chair of the Committee on Parks and Environmental Management be a member of the RFP Evaluation Committee, along with the committee members selected by the administration; and WHEREAS, the Council requests that the top final two proposals recommended by the RFP Evaluation Committee be submitted to the Council for information and discussion. This submission shall he in Executive Session to comply with the confidentiality requirements of the State Procurement Code. NOW, THEREFORE, BIi I'i' RESOLVED that in order to comply with Chapter 3426, Hawaii Revised Statutes, as amended, the Council of the County of Hawaii hereby adopts the Final Drafr Update to the Integrated Solid Waste Management Plan, authored by Harding ESF,. BE IT FURTHER RESOLVED that pursuant to Chapter 342G, Hawaii Revised Statutes, as amended, the Final Draft Update to the Integrated Solid Waste Management Plan shall be submitted to the Office of Solid Waste Management of the State Department of Health. BE IT FURTHER RESOLVED that a requirement to fund any construction for the solid waste diversion technology and waste sorting stations will be a part of the RFP. BE IT FURTHER RESOLVED that the Chair of the Committee on Parks and Envirorunental Management serve as a member of the RFP Evaluation Committee, along with the committee members selected by the administration. BE IT FURTHER RESOLVED that the top final two proposals recommended by the RFP Evaluation Committee shall be submitted to the County Council for information and discussion in Executive Session before the final decision is made by the Mayor. BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the Honorable Ben Cayetano, Governor, State of Hawaii; Dr. Bruce Anderson, Director, Department of Health; Hary Kim, Mayor; County of Hawaii; and Barbara Bell, Director, Department of Environmental Management, County of Hawaii. Dated at . Fii12_, Hawaii, this 2p~3 day of Novanber _ 2002. INTRO CED BY: COUNCI ,MEMBER, CO Y WAI`I Reso 238-02 US IS WMP doc COUNTY COUNCIL ROLL CALL VOTE _ County of Hawai`I Arrs NOhs Ans Ex H11Q Hawal'I ARAKAKI g CIIUNCi X I hereby certify that the foregoing RESOLUTION was by F.LARIONOFF y( The vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON X County of Hawaii on nt.n,onF,cr ~D.r ~nn9 _ _ - LEITHEAD-TODD g ~!/~,~/~~T~/J//J PISICCHIO X ATTEST: 7,,~Fh"i TYLERIK ~ ~ YAGONG X 9 0 0 0 Reference:_ _ 4-7,~Q~,~PL2~-21 COU -TY CLERK CHAIRMAN & PRESIDING OFFICER Rf;SOLUIION NO. Vard (DYaft S) ^a~ Harry Kim ~ ~ ~''•.a William Takaba Mayan Dvecmr Nancy E. Crawford ••~•M•« N'+,~` Deputy Ltrecror County of Hawau Finance Department 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 (808)961-8234. Fen (808)961-8248 - - cn January 9, 2006 u The Honorable Stacy Higa, Chairman, and Members of the Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Subject: Solid Waste Reduction Facility RFP Deaz Chairman Higa and Council Members: Attached for your information is a copy of the Stage 1 Request for Proposals for a Solid Waste Reduction Facility (the Stage 1 RFP). Also attached is the Notice to Offerers that has been published and has also been sent to 120 funs who are potential vendors for this project. The Stage 1 RFP was issued on December 28, 2005. I sincerely apologize for not informing the Cotmty Council eazlier that this document had been completed and issued. In the rush to notify the public of the availability of the Stage 1 RFP and to stay within our working timeline, I neglected to communicate directly with you about this. (For your information, I also neglected to inform the Mayor.) Two Step Procurement Process The County is utilizing atwo-step procurement process to select a firm to permit, design, build and operate a waste reduction facility to handle East Hawai`i's solid waste. This two-step proctuement approach will emphasize qualifications and experience. • First step -the selection of a "short list" of firms who aze most qualified for this project. • Second step -the selection of the single firm from the short list that will be awazded a contract for the project. This Stage i RPF initiates the first step, and invites interested firms to submit a proposal describing in detail their technical, management and financial qualifications to permit, design, build and operate a waste reduction facility in East Hawaii. The acceptable technologies are waste-to-energy (mass bum), waste-to-energy (refuse derived fuel), and thermal gasification (including pyrolysis and conventional gasification.) Comm. No. ~ • Z" Ref. To: Ref. Cate, ^ Z~U6 ~`/nzuaii Ccuntu is an equal oppertunify provider and employer. The Honorable Stacy Higa and Members of the Hawaii County Council Page 2 January 9, 2006 The County expects to issue a Stage 2 Request for Proposals to firms on the short list later this yeaz. Only firms on the short list developed from the responses to the Stage 1 RFP will be eligible to respond to the Stage 2 RFP and submit a project proposal. Evaluation of Stage 1 Proposals The deadline to submit Stage 1 proposals is February 17, 2006. As Chief Procurement Officer of the County, I will appoint an evaluation committee to evaluate the responses received. Involved in the evaluation process will be: • Committee members - At least three governmental representatives will sit on the committee as stated in the RFP (page 14.) In addition, I will appoint others also as necessary and appropriate. • Advisors -Technical, legal and financial consultants and others will serve as advisors to the evaluation committee. The County Council is invited to designate an individual, council member or staff, to be an advisor to the evaluation process. The evaluation criteria that will be used by the committee aze summarized on page 25 of the attached RFP. Procurement Issues -Communications Protocol All efforts aze being made to ensure that the RFP process is fair and can stand up to any protest if one is made. A protest can stop the County from awazding a contract until the protest is settled, which can take months. With this in mind, a communications protocol was established in the RFP document as a means to "ensure that all interested parties have equal access to information on the Project." This protocol appears in Attachment C to the RFP, and is summarized in Section 4.3.3 on page 20 of the RFP: "Interested parties should note that the Communications Protocol prohibits potential proposers from contacting of communicating with elected officials regazding this Project until the awazd of the Design-Build-Operate Contract." This statement was included to prevent the a~,.peazance that any one company, through its lobbying efforts with an elected official such as the Mayor or member(s) of the County Council, received information unavailable to others or had any influence on the final selection of the technology and/or vendor. This protocol does not prevent the Council's Environmental Management Committee from scheduling public informational presentations about various solid waste technologies. However, vendors submitting proposals should not be contacting elected officials to discuss their proposals, as proposals under the Procurement Code aze considered confidential until a contract is awazded. Any inquiries made to elected officials regazding this RFP should be referred to me as the County's contact person (see Attachment C.) If there aze any questions about this protocol, please feel free to talk to me or to Deputy Corporation Counsel Bobby Jean Leithead-Todd. The Honorable Stacy Hi~_ and Members of the Hawaii County Council Page 3 January 9, 2006 Consultant Briefing The Waste Reduction RFP consultants have scheduled a trip to Hilo on February 28, 2006, at which time they would like to meet with the Committee on Environmental Management to bring the Council up-to-date on the status of the Stage 1 RFP, to report on the status of the Stage 2 RFP, and to respond to any questions you may have. A draft of the Stage 2 RFP is scheduled to be available to firms on the short list in Apri1200b. A request to place this on the agenda of the Committee on Environmental Management for the February 28, 2006 meeting will be forthcoming. Conclusion Again, I apologize that due to our efforts to meet the aggressive timelines established, I did not provide you with advance notification of the issuance of this RFP. In the future, I would like to meet with you on a more regulaz basis to improve communication and prevent any future misunderstandings on this very important project. If you have any further concerns, please contact me. l2 2~~ William Takab Director APPROVED: Harry Kim 17, Mayor Enclosures NOTICE Tn OFFERORS Page 1 of 1 NOTICE TO OFFERORS (Chapter Z03D, HRS) iEALED PROPOSALS will be received on or before 4:30 P,M. Hawaii Time, FRIDAY FEBRUARY Z7, 10~!!~, In the office of the Purchasing Division, Departrnent of Fnance, County of Hawaii, 25 Aupuni Street, Hilo, Hawaii, or the following: REQUEST FOR PROPOSAL NO, 2220: WASTE REDUCTION FACILITYDESIGN--BUILD-OPERATE PR0IECT FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, COUNTYOFHAWAI'I tequest for Proposals (Stage 1) (the "Stage 1 RFP") may be obtained from the above-named office WTAKABA@co.hawaii.hi.us). The procurement process will be carried out in two stages. The Stage 1 RFP seeks ;ualifications of those entities desiring to provide the design-build-operate services. Request for Proposals (Stage 2) Hill be issued to the Stage 1 RFP respondents that aze deemed to be most qualified in accordance with the criteria set orth in the Stage 1 RFP. JVrittea questions or requests for clarification regarding any aspects of the Stage 1 RFP must be submitted to Mr. i?Villiam Takaba, Director, Department of Finance, County of Hawaii, 25 Aupuni Street, Room 118, Hilo, Hawaii 16720, no later than Jam~ary 27, 2006. On Wednesday, Jamrary 18, 2006, there will be a tour of the proposed site anu r pre proposal conference. The tour will meet at the Hilo Transfer Station Baseyard at 4:00 p.m. The conference will ie held at 6:00 p.m. in the County Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720. Attendmtce at the tour md/or conference is not mandatory, but strongly recommended Participants are encouraged to submit written luestio»s prior to the conference. y f WILLIAM TAKABA Director, Department of Finance 3awai'i Tribune Herald 7Vest Hawai i Today 2onolulu Advertiser hate of Hawai i & County of Hawaii _ Procurement Notice System 'u6lication Date: December 28, 2005