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HomeMy WebLinkAboutCOM 0041.001 2010-2012BRENDA J. FORD Council Member District 7 - Central Kona Phone: (808)326-5684 Fax: (808)329-4786 E -Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i, Kailua Trade Center 75 -5706 Hanama Place, Suite 109 _ Kailua -Kona, Hawai'i 96740 DATE: January 3, 2011 TO: Dominic Yagong, Chairperson, and Members of the Hawaii County Council - FROM: _ \ renda J. Ford, Council Member SUBJECT: Proposed Amendments to Resolution No. 24 -11; Authorizing the Payment of Funds of a Later Fiscal Year and of More than One Fiscal Year for One (1) D8 Bulldozer For your consideration, please find attached proposed amendments to Resolution No. 24 -11. Additional information provided by the Administration required changes to this resolution. The proposed amendments, illustrated via Ramseyer format (and bolded) with respect to the contents of Resolution No. 24 -11, are as follows: 1. The title is amended to read: "RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR ONE (1) D8 BULLDOZER OR EQUIVALENT. 2. The first WHEREAS clause is amended to read: "WHEREAS, Section 10 -11 of the Hawaii County Charter requires that any contract, lease or other obligation requiring payment of funds from the appropriations of a later fiscal year or more than one fiscal year be approved by resolution; and" 3. The second WHEREAS clause is amended to read: "WHEREAS, the Department of Health requires that there is equipment available at all times to properly manage daily solid waste at [County landfills;] both the Hilo and Pu`uanahulu Landfills; and" Comm. No. 7_ '�• Serving the Interests of the People of Our Island Ref. To: _ Ref. Date ' Hawaii Countv Is An Equal Opportunity Provider And Emplover nn 2nu 4. Add a new third WHEREAS clause to read: " WHEREAS, the County needs two bulldozers at each landfill to provide reciprocal backup when either bulldozer requires maintenance or repair; and 5. Add a new fourth WHEREAS clause to read: " WHEREAS, the County already has a single, County -owned D8 bulldozer at the Hilo Landfill; and 6. Add a new fifth WHEREAS clause to read: " WHEREAS, the County has been renting a privately owned D8 bulldozer on a month -to -month basis as a backup for the County's D8 bulldozer at the Hilo Landfill; and 7. Add a new sixth WHEREAS clause to read: " WHEREAS, the County wants to eliminate the need to rent a privately owned bulldozer at the Hilo Landfill; and 8. The former third WHEREAS clause to be renumbered the new seventh WHEREAS clause is amended to read: "WHEREAS, a new D8 Waste Handler Series Bulldozer or equivalent, is needed to meet the Department of Health's requirement at the Hilo [ ;] Landfill to have equipment available at all times; and" 9. The former fourth WHEREAS clause to be renumbered the new eighth WHEREAS clause is amended to read: "WHEREAS, this purchase of a new bulldozer [ is needed to ensure will ensure that there is sufficient equipment to operate the indicated landfills when one of the primary bulldozers is out of service due to repairs or maintenance requirements; and" 10. The former fifth WHEREAS clause to be renumbered the new ninth WHEREAS clause is amended to read: "WHEREAS, this [equipment] bulldozer will be used to facilitate the Hilo landfill sliverfill project to extend the landfill's useful life; and" 11. The former sixth WHEREAS clause is deleted in its entirety: [ " WHT. DL' A C f thi equ whix.1, the County will o at the end of the five L yeaF lease, will elite the long term- need -test a- bulldozeF; "] 12. A new tenth WHEREAS clause is added to read: " WHEREAS, this bulldozer will be purchased on a five (5) year lease -to -own contract with a minimum six (6) month warranty on the bulldozer, a three (3) year warranty on the power train, and includes the interest over five years with no balloon payment; and 13. The former seventh WHEREAS clause is deleted in its entirety: 14. A new eleventh WHEREAS clause is added to read: " WHEREAS, the cost of the new bulldozer is expected not to exceed $800,000; and 15. A new twelfth WHEREAS clause is added to read: " WHEREAS, the rental of the privately owned D8 bulldozer shall cease on December 31, 2010; now, therefore, 16. The enacting clause is amended to read: "[ ,] BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor is hereby authorized to enter into a [five (5) year lease] five (5) year lease -to -own agreement [ ] for the acquisition of one (1) D8 Waste Handler Series Bulldozer or equivalent, for solid waste operations at the Hilo and Pu`uanahulu Landfills, and that sufficient funds be budgeted in future fiscal years to cover the anticipated obligations of the County under the terms of the agreement." 17. A Be It Further Resolved clause is added to read: " BE IT FURTHER RESOLVED that effective December 31, 2010, the County shall terminate the rental of the privately owned D8 bulldozer utilized at the Hilo Landfill." the County to into five to lease with L 7 wishes enter- a (5) year- eontraet pur-ehase options, for one (1) D8 Waste HandleF Series Bulldozer-, oF equivalent, fo the Hilo Pu'uanahulu Land . solid waste operations at and 14. A new eleventh WHEREAS clause is added to read: " WHEREAS, the cost of the new bulldozer is expected not to exceed $800,000; and 15. A new twelfth WHEREAS clause is added to read: " WHEREAS, the rental of the privately owned D8 bulldozer shall cease on December 31, 2010; now, therefore, 16. The enacting clause is amended to read: "[ ,] BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor is hereby authorized to enter into a [five (5) year lease] five (5) year lease -to -own agreement [ ] for the acquisition of one (1) D8 Waste Handler Series Bulldozer or equivalent, for solid waste operations at the Hilo and Pu`uanahulu Landfills, and that sufficient funds be budgeted in future fiscal years to cover the anticipated obligations of the County under the terms of the agreement." 17. A Be It Further Resolved clause is added to read: " BE IT FURTHER RESOLVED that effective December 31, 2010, the County shall terminate the rental of the privately owned D8 bulldozer utilized at the Hilo Landfill." 18. The final clause is amended to read: "BE IT [FBI FINALLY RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, and the Departments of Finance and Environmental Management." A draft copy of Resolution No. 24 -11, Draft 2, is attached incorporating these amendments. BJF /dkr Att. RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR ONE (1) D8 BULLDOZER OR EQUIVALENT. WHEREAS, Section 10 -11 of the Hawai'i County Charter requires that any contract, lease or other obligation requiring payment of funds from the appropriations of a later fiscal year or more than one fiscal year be approved by resolution; and WHEREAS, the Department of Health requires that there is equipment available at all times to properly manage daily solid waste at both the Hilo and Pu`uanahulu Landfills; and WHEREAS, the County needs two bulldozers at each landfill to provide reciprocal backup when either bulldozer requires maintenance or repair; and WHEREAS, the County already has a single, County -owned D8 bulldozer at the Hilo Landfill; and WHEREAS, the County has been renting a privately owned D8 bulldozer on a month -to -month basis as a backup for the County's D8 bulldozer at the Hilo Landfill; and WHEREAS, the County wants to eliminate the need to rent a privately owned bulldozer at the Hilo Landfill; and WHEREAS, a new D8 Waste Handler Series Bulldozer or equivalent, is needed to meet the Department of Health's requirement at the Hilo Landfill to have equipment available at all times; and WHEREAS, this purchase of a new bulldozer will ensure that there is sufficient equipment to operate the indicated landfills when one of the primary bulldozers is out of service due to repairs or maintenance requirements; and WHEREAS, this bulldozer will be used to facilitate the Hilo landfill sliverfill project to extend the landfill's useful life; and WHEREAS, this bulldozer will be purchased on a five (5) year lease -to -own contract with a minimum six (6) month warranty on the bulldozer, a three (3) year warranty on the power train, and includes the interest over five years with no balloon payment; and WHEREAS, the cost of the new bulldozer is expected not to exceed $800,000; and WHEREAS, the rental of the privately owned D8 bulldozer shall cease on December 31, 2010; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor is hereby authorized to enter into a five (5) year lease -to -own agreement for the acquisition of one (1) D8 Waste Handler Series Bulldozer or equivalent, for solid waste operations at the Hilo and Pu'uanahulu Landfills, and that sufficient funds be budgeted in future fiscal years to cover the anticipated obligations of the County under the terms of the agreement. BE IT FURTHER RESOLVED that effective December 31, 2010, the County shall terminate the rental of the privately owned D8 bulldozer utilized at the Hilo Landfill. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai'i shall transmit copies of this resolution to the Office of the Mayor, and the Departments of Finance and Environmental Management. Dated at , Hawai'i, this day of , 2011.