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Home My WebLink AboutRES 031 Draft 01 2012-2014OFFICE INFORMATION ONLY Meeting: Council—April 17. 2013 Action: Postponed to the Call of the Chair— Never taken up again Re: Res 31-13; Comm. 53 (2012-2014 term) FC not adopted) COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 31 13 RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF A MULTI -FISCAL YEAR AGREEMENT FOR FURNISHING AND IMPLEMENTING ORGANIC WASTE DIVERSION SITES AND COMPOST OPERATIONS IN WEST HAWATI AND EAST HAWAT I FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT WHEREAS, the County of Hawai'i's 2002 Update to the Integrated Solid Waste Management Plan identified recycling and waste diversion as major activities to help the County reach its goal to divert 50% of all solid waste that would otherwise go to a landfill by 2008, and 80% by 2013, and Resolution 28-03, Draft 2, was approved by the County Council on January 23, 2003, setting forth these goals and policies; and WHEREAS, Resolution 356-07, A Resolution to Embrace and Adopt the Principles of Zero Waste as a Long -Term Goal for Hawaii County was approved by the County Council on December 19, 2007; and WHEREAS, Resolution 826-08, A Resolution Urging the Director of the Department of Environmental Management to Develop an Ordinance and Implement a Plan to Prohibit Food, Paper, and Compostable Organics from Hawaii County Landfills by 2012 was approved by the County Council on January 23, 2009; and WHEREAS, the County's 2009 Integrated Resources and Solid Waste Management Plan (IRSWMP) identified that 54%, or 114,000 tons, of the waste disposed at County landfills was organic material that could be composted, thereby preserving valuable landfill space; and WHEREAS, the County completed construction of the West Hawaii Organics Facility (WHOF) adjacent to the West Hawaii Sanitary Landfill (WHSL) which will be a site for organic waste diversion and compost operations. Green waste mulching operations will take place at the WHOF beginning January 1, 2013; and WHEREAS, the East Hawai' i Organics Facility (EHOF) currently includes green waste mulching and in the future will include a compost operation to maximize organic waste diversion from the South Hilo Sanitary Landfill (SHSL); and WHEREAS, programs like organic waste diversion and compost operations divert material out of the waste stream, preserve natural resources and prolong the life of the existing landfills; and WHEREAS, organic waste diversion and compost operations will provide valuable products such as mulch and compost for local consumers and businesses, reducing the need and related costs to import these products; and WHEREAS, organic waste diversion from County transfer stations and landfills currently diverts green waste and untreated wood and can also divert other organic waste materials such as biosolids, food, paper and biodegradable plastics; and WHEREAS, the County is preparing a Request for Proposal (RFP) for furnishing and implementing organic waste diversion sites and compost operations for the Department of Environmental Management; and WHEREAS, the high equipment and operations start-up costs, estimated at between $8,000,000 and $10,000,000 per facility, require a multi-year commitment to enable a contractor to recover costs and secure reasonable terms for equipment financing; and WHEREAS, a multi-year commitment also provides the County the most favorable opportunity for competitive proposals; and WHEREAS, it is in the County's best interest to contract the operation of organic waste diversion sites based on a ten (10) year agreement and provide the Director of the Department of Environmental Management with the ability to negotiate for two (2) option periods of up to five years each to extend the contracted services, subject to review by the County Council; and WHEREAS, the Council recognized all of the foregoing in Resolution 34-11 (Draft 2), A Resolution Authorizing the Payment of Funds of a Later Fiscal Year and of A Multi -Fiscal Year Agreement for Furnishing and Implementing Organic Waste Diversion Sites and Compost Operations in West Hawai 'i and East Hawai 'i For the Department of Environmental Management, approved by Council on March 2, 2011, but also recited therein that it was in the best interest of the county to contract "at an estimated price per ton not to exceed an annual average of $70"; and WHEREAS, The County solicited and received proposals for operation of organic waste diversion sites and compost operations via RFP No. 2738 but the proposal which the County determined was the best value to the County, taking into consideration price and the evaluation criteria in the RFP, was not priced within the $70 per ton limit recited in Resolution 34-11 (Draft 2), causing the County to cancel RFP No. 2738; and WHEREAS, the Hawaii Public Procurement Code, at § 103D -303(g), Hawaii Revised Statutes, provides that for RFPs, "award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous, taking into consideration price and the evaluation factors set forth in the request for proposals," and WHEREAS, the Hawaii Public Procurement Code, at § 103D -203(b)(1), Hawaii Revised Statutes, provides that for the County executive branch, inclusive of the Department of Environmental Management, the Chief Procurement Officer is the County Finance Director; and WHEREAS, Article X, Section 10-14(a) of the County Charter requires that the department of finance shall be responsible for the procurement of all materials, supplies, equipment and services required by any agency of the county, except as otherwise provided by the charter or other law; and WHEREAS, Article X, Section 10-14(c) of the County Charter requires that all purchases and contracts for materials, supplies, equipment and services shall be made in accordance with Hawai' i Revised Statutes and rules and regulations established by the state procurement policy office thereto; and WHEREAS, Article XIII, Section 13-13(d) of the County Charter requires that all written contracts to which the county is a party shall be approved by the director of finance as to the availability of funds in the amounts and for the purposes set forth therein if they involve financial obligations of the county, and that contracts shall not extend beyond the term for which an appropriation to finance such obligations has been made, except as otherwise provided by the Charter; and WHEREAS, Hawaii Administrative Rules § 3-122-96(a)(2)(D) provides that a solicitation may be cancelled after opening but prior to award if prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds; and WHEREAS, under the foregoing history, and the foregoing provisions of State and County law authorizing RFP procurement of best value for the County, and providing safeguards against contract obligations exceeding available funds, it would be in the county's best interest to authorize the Mayor to enter into a multi-year contract as stated in Resolution No. 34-11 (Draft 2), but without specifying a per -ton price limitation; and WHEREAS, Article X, 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 or more than one fiscal year be approved by resolution; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Article X, Section 10-11 of the Hawaii County Charter, the Mayor is hereby authorized to enter into a multi-year contract for services of furnishing and implementing organic waste diversion sites and compost operations in West Hawai' i and East Hawai' i for the Department of Environmental Management and that sufficient funds be budgeted in future fiscal years to cover the anticipated obligation of the County under the terms of the agreement. BE IT FURTHER RESOLVED that this Resolution supersedes and replaces Resolution No. 34-11 (Draft 2), in particular revoking the per -ton price limitation recited therein. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Mayor, the Director of Environmental Management and the Director of Finance. Dated at , Hawai'i, this day of , 2013. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL 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 ATTEST: ROLL CALL VOTE AYES NOES ABS EX EOFF FORD ILAGAN KANUHA KERN ONISHI POINDEXTER WILLE YOSHIMOTO Reference: C-53/FC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 31 13