HomeMy WebLinkAboutRES 159 Draft 01 2018-2020COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 159 19
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO
REPRESENT THE COUNTY OF HAWAII, DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT IN RENEGOTIATION OF ITS SOLID WASTE MANAGEMENT
CONTRACT WITH WASTE MANAGEMENT HAWAII IN REGARDS TO THE
PU`UANAHULU WEST HAWAII SANITARY LANDFILL
WHEREAS, Pursuant to § 6-5.5 of the Charter of the County of Hawaii (2018),
("HCC') the County may, upon authorization by the County Council, employ special
counsel for any special matter presenting a real necessity for such employment; and
WHEREAS, the Department of Environmental Management ("DEM"), requires the
assistance of special counsel for the purpose of updating its current contract with Waste
Management Hawaii ("WMH"), the entity operating the Pu`uanahulu West Hawaii Sanitary
Landfill; and
WHEREAS, the Office of the Corporation Counsel has determined that such
proceedings are complex and require specific expertise and experience in solid waste
contracting; and
WHEREAS, pursuant to the Procurement Act, § 103D-304 Hawaii Revised
Statutes ("HRS"), the criteria for procuring professional services are defined, and the Office of
the
Corporation Counsel and DEM are required to procure special counsel in accordance with the
provisions of § 103D-304 HRS; and
WHEREAS, § 6-5.5 HCC requires specification of the compensation to be paid for
special counsel services; and
WHEREAS, the Office of the Corporation Counsel in conjunction with the DEM
estimates that the cost of the special counsel services required shall be not more than a total of
THREE HUNDRED THOUSAND AND N011 00 DOLLARS ($300,000) for professional legal
services rendered to the County; and
WHEREAS, the funds to compensate special counsel will be paid for from revenues
generated by DEM's solid waste operation fees; and
WHEREAS, §6-5.5 HCC requires a two-thirds vote by the County Council to
approve employment of special counsel; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that:
1. Pursuant to §6-5.5 HCC, the County Council authorizes the retention of
special counsel to represent the County of Hawaii DEM in the renegotiation
and modification of its contract with Waste Management Hawaii in relation to
the Pu`uanahulu West Hawaii Sanitary Landfill operations.
2. The cost of the special counsel will be paid for from revenues generated by
DEM's solid waste operation fees, and shall not exceed THREE HUNDRED
THOUSAND AND NO/100 DOLLARS ($300,000).
3. The Department of the Corporation Counsel and DEM shall follow the
procurement procedures specified in § 103D-304 HRS in procuring qualified
special counsel.
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BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to (1) Mayor Harry Kim; (2) William A. Kucharski, Director, Department of
Environmental Management, and (3) Joseph Kamelamela, Corporation Counsel.
Dated at Hilo . Hawai`i, this 21st day of May , 2019.
INTRODUCED BY:
i°111"111111W.
(6111p.
COUNCI MEMBER, 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 KANEALI`I-KLEINFELDER X
County of Hawai`i on May 21, 2019
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
9 0 0 0
•
Reference: C-266/FC-36
TY CLERK CHAIRPERSON&PRESIDING OF ER RESOLUTION NO. 1.59 1.9
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