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.