HomeMy WebLinkAboutRES 250 Draft 01 1996-1998
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COUNTY OF HAWAli.n-ATEOF HAWAII
RESOLUTION NO.: 250 98
RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
FOR ACONSULTANT SERVICES CONTRACT TO PREPARE AN ECONOMIC
ASSESSMENT REPORT AS PART OF THE GENERAL PLAN REVISION PROGRAM.
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 hiter fiscal year or more
than one fiscal year be approved by resolution;. and
WHEREAS, the Planning Department is currently undertaking its comprehensive General
Plan revision which would include. an assessment and update of the economic assumptions,
framework and elements of the plan; and
WHEREAS, an appropriation of fifty thousand dollars ($50,000) is currently available for
a consultant services contract to do tbe economic assessment; and
WHEREAS, the total economic assessment contract will cost seventy-five thousand
dollars ($75,000).
NOW THEREFORE, BElT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that sufficient funds of twenty-five thousand dollars ($25,000) be budgeted for the
appropriate future fiscal year to cover the anticipated obligation of the County.
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, BEJTFURTHER RESOLVED that the Clerk trallsmit copies of this resolution to the
Financ~ Direc~or and the Planning Director.
DATED: "Hilo,HawaH;
May 6, 1998
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INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OFHA WAIl
COUNTY COUNCIL
Cbuntybf Hawaii
Hilo, Hawaii
Thereby certify that the foregoing RESOLUTION washy the
vote indicated'to the right hereof adopted by the COUNCIL of the
County of Hawaii on ,May 6, 1998 '
ATTEST:
A
ROLL CALL VOTE
..... , AYES NOES ABS EX .
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ARAKAKI X
CHUNG X
LEITHEAD- TODD ' ,'X" I "
RAY X
REYNOLDS X ,
SANTANGELO X
SMITH X
TYLER X ,
YAGONG X
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Reference
C-776jFC-225
RESOLUTION NO.
250 98
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CONSULT ANT SERVICES CONTRACT
THIS CONTRACT, made by and between the COUNTYOF HA WAIl, a.muniCipal
corporation by STEPHEN K. YAMASHIRO, its Mayor, hereiriafter referred to as "County," and
PKF Hawaii whose mailing address is 1100 Alakea Street~ Suite 2100, Honolulu, Hawaii,
96813-2833, is hereinafter referred to as "Consultant."
WITNESSETH:
WHEREAS, the Hawaii County General Plan was initially adopted in 1971 and
subsequently amended in 1989; and . .
WHEREAS, the Generill Plan is the policy docum~rit for the long-range comprehensive
development of the island of Hawaii; and .
WHEREAS, the General Plan should be thoroughly reviewed at intervals of not more
than ten years; and .
WHEREAS, the comprehensive review is intep.ded to maintain the dynamism and
flexibility of the General Plan and to accommodate major changes and trends which may occur
within the County; and
WHEREAS, an important component of the comprehensive review is an assessment and
update of the economic assumptions, framework and element of the General Plan; and
WHEREAS, the Planning Department of the County negotiated to engage the Consultant
to render all necessary professional services to complete this portion of the economic update and
assessment.
NOW THEREFORE, for and in considerationofthe premises set forth herein, the parties
hereto agree as follows:
A. Employment of Consultant. The ~()unty hereby agrees to engage the Consultant
and the Consultant hereby agrees to perform the services hereinafter set forth. The Consultant
represents that it has, or, will secure at its own expense, all personnel required in performing the
services under this contract. All of the services required hereunder shall be performed by the
Consultant or under its supervision, and none of the work or services covered by this contract
shall be subcontracted .without.the prior written approval of the County.
B. Best Effort. Consultant agrees that it will, at all times, faithfully, industriously,
and to the best of its ability ,experience, and talents, perform all of the duties that may be
required of it pursuant to the express and implicit terms hereof to the reasonable satisfaction of
the County.
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C. Scope of Services. The Consultant shall do, perform and carry out in a
satisfactory, and proper manner, as determined by the Planning Director of the County of Hawaii
or as may be modified by written agreement by the parties as hereinafter set forth, the following
services:
I. Describe the overall economic profile of the County, including district
profiles.
2. Describe the island-wide and district employment characteristics for the
County.
3. Describe the island-wide and district income characteristics for the
County.
4. Identify the primary and secondary economic sectors which contribute or
are likely to contribute substantially to the economy of the County-
island-wide and by district.
5. Develop income and employment multipliers for the economic sectors
identified inCA.
6. Discuss economic or legislative trends on the international and national
scale which may impact upon the economic sectors identified in CA.
7. Project employment and economic growth alternatives to the year 2020
and project population distribution over island-wide and districts in 5-year
increments (2005, 2010, 2015, 2020) by:
a. utilizing the 1989 model; or
b. Providing rationale for an alternative methodology and results.
8. Provide technical assistance to the Planning Department in implementing
the projections.
D. Progress Reports. The Consultant shall be responsible for the submission of
monthly progress reports on the work outlined in this Scope of Services to the Planning
Department. Such progress reports shall include:
1. A description of the actual work completed during the reporting period.
2. Estimation of the percentage of overall work completed.
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3. A description of the work expected to be completed during the next
reporting period.
4. Any other information, including discussion of anticipated problems, .
if any.
E. Submittal of Work Product. The Consultant shall be responsible for the
submission of twenty (20) copies of the final economic assessment report.
F. Services of the County.
I. The Planning Department shall place at the disposal of the Consultant all
pertinent information that it may have in its possession or to which it may
have access to.
2. The Planning Department shall cooperate fully with the Consultant and
. shall coordinate all information needs and requests of the Consultant for
information relevant to this contract.
3. The Planning Department shall process payments to the Consultant.
G. Terms of the Contract. . The services of the Consultant under this contract shall
commence immediately upon execution of this contract and shall be completed no later than
six (6) months from the effective date of this contract. If the Consultant's work is delayed by
indecision or lack of information on the part of the County, the Consultant may request an
extension of time for performance of such tasks. The County may grant a reasonable extension
and shall notify the Consultant of any extension in writing.
H. Compensation.
I. The total fee for this contract is SEVENTY -FIVE THOUSAND AND
NOll 00 DOLLARS ($75,000.00) for the consulting services and all
related expenses rendered under the scope of services of the contract.
2. Payment shall be made upon presentation of progress reports indicating
work performed, as approved by the Planning Director. Ifis further
expressed and understood and agreed that ten percent (10%) of the total
contract shall be retained by the County and shall be paid only upon final
completion and acceptance of all services performed under this contract.
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I. Ownership. It is understood that the County is the exclusive owner of all work
products developed by the Consultant for the.County and that the Consultant is prohibited from
selling such work to other parties. The final work products, including any computer generated
work/data diskettes, shall be provided to the County.
J. Ell\Ployment Status. It is agreed and understood that the Consultant shall not be
entitled to the benefits and privileges of an employee of the County of Hawaii under the County's
Civil Service System, and it is further agreed and understood that the Consultant shall be
excluded from partiCipating in any fring~.benefits resulting from work performed under this
contract.
K. Termination. 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 the 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.
. L. Modification of Contract. No waiver or modification of this agreement or any
covenants, conditions, or limitations herein contained shall be valid unless in writing and duly
executed by the party to be charged therewith, and no evidence of any waiver or modification
shall be offered or received in evidence of any proceedings, arbitration, or litigation between the
parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties
hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the
parties further agree that the provisions of this section may not be waived except as herein set
forth.
M. Changes. The County may from time to time require changes in the scope of
services of the Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of the Consultant's compensation, shall be incorporated by written
amendment to this agreement.
N. Liability. The Consultant shall indemnify, defend, and hold harmless the County
from claims, suits, actions, damages, and costs resulting from its errors, omissions, and negligent
acts in the performance of these services.
O. Assignment. Portions of this contract may be sub-consulted; however, not
without the County's prior written permission.
P. Non-Discrimination. The Consultant agrees that it will not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national
origin. The Consultant will assure that applicants for employment and employees are treated
fairly during employment without regard to their race, color, religion, sex, or national origin.
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Such actions shall include, but not be limited to, the following: employment, upgrading, .
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection of training.
Q. Tax Clearance. In accordance with Section 103-53 and 237-45, Hawaii Revised
. Statutes, this contract shall not be executed by the County of Hawaii until receipt of tax
clearances from the State Director of Taxation and the Internal Revenue Service. In addition,
final payment on the contract shall be withheld until the receipt of tax clearances from the State.
Director of Taxation and the Internal Revenue Service.
R. Non-Gratuity Affidavit. A non-gratuity affidavit form will be required to be
executed by the Consultant before final payment will be authorized.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
this day of , 1998.
CQt]NTY OF HA WAIl
. STEPHEN K. YAMASHIRO
Mayor
CONSULTANT
ERNEST A. W AT ARI
Chairman & Chief Executive Officer
RECOMMENDED FOR APPROVAL:
VIRGINIA GOLDSTEIN
Planning Director
APPROVED AS TO FORM
AND LEGALITY:
RICHARD WURDEMAN
Corporation Counsel
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