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HomeMy WebLinkAboutRES 172 Draft 01 1996-1998 ~_. RESOLUTION RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR THE FURNISHING OF BODY REMOVAL SERVICES WHEREAS, Section 10-11 of the County Charter requires that any contract, lease or other obligation requiring payment of funds from the appropriations of a later fiscal year be approved by resolution; and WHEREAS, the County of Hawaii wishes to enter into a three year price-term agreement for furnishing island-wide body removal services; and WHEREAS, Hawaii County Transport and West Hawaii Mortuary provided the most favorable proposals in response to Request for Proposal No. 1663. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: 1. That it approve a three year price-term agreement for body removal services with Hawaii County Transport for West Hawaii and West Hawaii Mortuary for East Hawaii beginning January 1, 1997 and ending December 31, 1999; and copies of those agreements are attached. 2. That sufficient funds be budgeted in future fiscal years to cover the anticipated obligation of the County under the price-term agreements. DATED at Hilo, Hawaii, this 13th day of November , 1997. INTRODUCED BY: ~2~J ROLL CALL VOTE COUNTY COUNCn.. County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on November 13, 1997 A TrEST: ~ COUNTY CLERK CHAIRMAN & PRESIDING OFFICER AYES NOES ADS EX ARAKAKI X CHUNG X LElTHEAD-TODD X RAY X REYNOLDS X SANTANGEW X - SMITH X TYLER X YAGONG X 8 0 1 0 " ", Reference C-539:_ RESOLUTION NO. 1 72 97 AGREEMENT THIS AGREEMENT, made and entered in to as of the day of , A.D. 19 , by and between the COUNTY OF HAWAII, hereinafter called the "County" , through its Mayor and HAWAII COUNTY TRANSPORT of Post Office Box 2206, Kailua-Kona, Hawaii 96745, hereinafter called the "ContractorTM . NIINEWIli IBA WHEREAS, the written offer of the Contractor has been accepted by the County of Hawaii as the responsive and responsible offer submitted pursuant to a call for offers. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows : A. Score of Work. The Contractor agrees to perform the following, on the condition that 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 that these services must be provided by public employees, pursuant to Civil Service Laws or that such services will be discontinued. 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 agreement: FURNISHING BODY REMOVAL SERVICE TO THE HAWAII POLICE DEPARTMENT, COUNTY OF HAWAII PER BID PROPOSAL NO. 1663 : SECTION TWO - WEST HAWAII TOTAL CONTRACT AMOUNT UNKNOWN PLUS $1. 00 FOR THE PERIOD BEGINNING JANUARY 1, 1997, AND ENDING DECEMBER 31, 1999 ; all in strict accordance with the terms and conditions of this Agreement. It is understood that this Agreement includes as a part hereof the General Terms and Conditions, dated July 1, 1994 , and the Invitation for Bid No. 1663 , including the offer, Special Provisions and Specifications contained therein, which are attached hereto. B. Compensation. As compensation for the work to be performed by the Contractor, the County agrees to pay the Contractor AN UNKNOWN AMOUNT PLUS $1. 00, at the time and in the manner set forth in the Offer Specifications . IN WITNESS WHEREOF, the parties have executed this Agreement, effective the day and year first above written. COUNTY OF HAWAII By STEPHEN K. YAMASHIRO MAYOR HAWAII COUNTY TRANSPORT (Affix Corporate Seal, CONTRACTOR if applicable) By REESE M. WYLLIE Its Co-Owner Approved as to Form and Legality: Recommend Approval : • CORPORATION COUNSEL Date POLICE DEPARTMENT Date -2-