HomeMy WebLinkAboutRES 530 Draft 01 2014-2016 CP••.'Oi N`
COUNTY OF HAWAII •� � • STATE OF HAWAII
•RESOLUTION NO. 53° 16
RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL
YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
EXTENSION OF LICENSE AGREEMENT FOR REAL PROPERTY TO OPERATE
THE KEA'AU TRANSFER STATION
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 or of
more than one fiscal year be approved by resolution; and
WHEREAS, the County of Hawai`i (hereinafter "County") presently has a license
agreement to operate the Kea'au Transfer Station at TMK: (3) 1-6-003:065 (por.), situate in
Kea'au, District of Puna, County and State of Hawai`i, and depicted in Exhibit"A" attached
hereto and incorporated by reference herein; and
WHEREAS, the County of Hawai`i operates the Kea'au Transfer Station pursuant to
a Second Amended License Agreement (hereinafter"License Agreement") with W.H.
Shipman, Limited (hereinafter "Shipman"), a Hawai`i corporation, dated June 30, 2015,
which is scheduled to terminate on June 30, 2016; and
WHEREAS, the License Agreement provides that as of its termination on June 30,
2016, the County would have the option to extend the term of the License Agreement for
additional one-year periods to June 30, 2018; and
WHEREAS, the County has obtained approval by Shipman to amend and extend the
License Agreement for an additional five (5) year period beginning July 1, 2016 through June
30, 2021, with the annual license fee being $5,000 for the period July 1, 2016 to June 30,
2018, and increasing to $7,500 for the period July 1, 2018 to June 30, 2021; and
WHEREAS, the amended License Agreement will also include a provision that the
County will have an option to extend the License Agreement for an additional five (5) year
period at a mutually agreed upon license fee subject to the availability of funds; and
WHEREAS, the Kea'au Transfer Station has been in operation for over 30 years and
provides a safe, sanitary and convenient means of recycling and disposing of solid waste for a
population of over 22,400 people; and
WHEREAS, the County wishes to extend the License Agreement with Shipman for
an additional five (5) years from July 1, 2016 to June 30, 2021; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that
the Honorable William P. Kenoi, Mayor of the County of Hawai`i, is hereby authorized to
enter into a multi-year extension of the License Agreement with W. H. Shipman, Limited, for
an additional five (5) years from July 1, 2016 to June 30, 2021, with an option to extend the
License Agreement for an additional five (5) year period, for the Kea'au Transfer Station on
behalf of the County following its approval by the Council as noted herein.
BE IT FURTHER RESOLVED that sufficient funds be budgeted in future fiscal
years to cover the anticipated obligations of the County under the terms of the Third Amended
License Agreement.
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1)
Mayor William P. Kenoi; (2) Department of Finance; (3) Department of Environmental
Management; (4) Office of the Corporation Counsel; and (5) W. H. Shipman, Limited, c/o
Law Office of Yeh and Moore, 85 W. Lanikaula Street, Hilo, Hawai`i 96720.
Dated at Kona , Hawai`i, this 15th day of June , 2016 .
INTRODUCED BY:
COUNCIL ME II ' , COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN X
County of Hawaii on June 15_,„_2016
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
(9koci WILLS X
9 0 0 0
Reference: C-893/17C-67
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 530 1.6
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EXHIBIT A