HomeMy WebLinkAbout2017-02-16 Letter to Gary Mark Cummings - Notice of Termination of Service Agreement (compost)Harry Kim
Mayor
Wil Okabe
Managing Director
Barbara J. Kossow
Deputy Managing Director
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(Office of fhe4apr
25 Aurn m Street, Suite 2603 • Hilo, Hawat`i 96720 • (808) 961-8211 • Fax (808) 961-6553
KONA. 74-5044 Ane Keohokalole Hwy, Bldg C • Kailua-Kana, Hawm`i 96740
(808) 3234444 . Fax (808) 3234440
February 16, 2017
Gary Mark Cummings, Operations Manager
Hawaiian Earth Recycling, LLC
Post Office Box 861601
Wahiawa, Hawai'i 96786
Dear Mr. Cummings:
RE: Service Agreement for an Organics Diversion Program on East Hawaii and
West Hawaii between the County of Hawaii, Hawai'i and Hawaiian Earth
Recycling, LLC, dated July 1, 2016;
Notice of Termination of Service Agreement, effective June 30, 2017
The County of Hawai'i hereby gives notice of termination for convenience of the Service
Agreement for an Organic Waste Diversion Program on East Hawai'i and West Hawai'i
between the County of Hawai'i, Hawai'i, and Hawaiian Earth Recycling, LLC
("Agreement"), dated July 1, 2016. The County's dual interest in increasing waste
diversion and being fiscally prudent obligates this termination for convenience effective
June 30, 2017, pursuant to Article XV, Section 15.6, of the Agreement, Termination for
Convenience.
Until the termination date of June 30, 2017, Hawaiian Earth Recycling ("HER") shall
continue to fully perform all its obligations pursuant to Article IX, Section 9.3, Phase I
Operations related to mulching operations in East Hawai'i and West Hawai'i, and more
specifically delineated in subsections 9.3(i) — (iv).
In accordance with Article XV, Sections 15.6 (B) Company's Obligations, (C) Right to
Goods, and (D) Compensation, of the Agreement, HER shall:
• Stop work in whole on June 30, 2017
• Incur no further obligations in connection with the terminated work
• Terminate outstanding orders and subcontractors
• Settle liabilities and claims arising out of the termination of subcontractors and
orders connected to the terminated work
• Assign HER's right, title, and interest under terminated orders or subcontractors
to the County
County of Hawaii is an Equal Opportunity Provider and Employer
Notice of Termination of Service Agreement, effective June 30, 2017
Hawaiian Earth Recycling, LLC
February 16, 2017
Page 2
Transfer title and deliver to the County in the manner and to the extent directed
by the County: any completed goods; and the partially completed goods and
materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and
contract rights ("manufacturing material') HER has specifically produced or
specially acquired for the performance of the terminated part of this Agreement
Protect and preserve property in the possession of HER in which the County has
an interest
• Comply with the requirements of Section 15.6 (D)
Further, HER shall fulfill all obligations set forth in Article XV, Section 15.8, Obligations
of the Company Upon Termination or Expiration.
If you have any questions, please contact Joseph Kamelamela, Corporation Counsel, at
(808) 961-8251 orjoe.kamelamela@hawaiicounty.gov.
Thank you in advance for your cooperation regarding this matter.
Sin erely,
arrry
Mayor
cc: Dept. of Environmental Management
Dept. of Finance
Corporation Counsel
Char Sakamoto Ishii Lum & Ching
County of Hawaii is an Equal Opportunity Provider and Employer