HAR §15-107-13
HAR §15-107-13. Selection criteria
Cite as Haw. Code R. § 15-107-13
(a) In evaluating, selecting, and approving a
convention center development plan and a proposal for the plan, The authority shall be
guided by the criteria listed in this section, which is listed in no particular order of priority
or importance.
(b) Developer organization.
(1) Independent authority, ability, and responsibility of the developer with whom
the authority would enter into a development agreement, relating to
independent financial and management capability sufficient to direct and
represent its component entities, if any, and to independently carry out its
responsibilities under a development agreement.
(2) Clear and effective lines of responsibility and authority within the developer's
organization and its development team which will enable the developer to be
responsive and effective in implementing its convention center development
plan.
(3) Availability and qualifications of a full-time representative of the developer in
Honolulu to serve as contact and liaison with the authority during the request
for proposals process, during the development phase, during any
postconstruction and warranty period, and during any period of developer
management, if any.
(4) Degree of availability of the key personnel of the developer and its
development team for contact and liaison with the authority.
(c) Developer status.
(1) Good standing in the state of establishment, registration in the State, and tax
compliance.
(2) Absence of any limitations upon the ownership, management, assets, and
operations of the developer which may be due to existing contracts, agreement,
liens, encumbrances, or judgments, existing or potential litigation or
insolvency, or required authorizations or consents.
(d) Developer qualifications.
(1) Past financial performance of the developer.
(2) Financial strength of the developer as reflected in its balance sheet and its
credit references.
(3) Qualifications and experience of the members of the developer's development
team.
(4) Qualifications and experience of the key personnel of the developer and its
development team.
(5) Previous comparable urban development experience of the developer and its
development team involving convention facilities, exhibition facilities, meeting
facilities, assembly facilities, and related support facilities.
(6) Skill, experience, competence, judgment, integrity, and financial ability of the
developer and its development team commensurate with the nature and
magnitude of its convention center development plan.
(e) Merits of proposal.
(1) Degree of fulfillment of the purposes, policies, and provisions of chapter 206X,
HRS.
(2) Compliance of the proposal and the convention center development plan with
the form and substance requirements contained in this chapter and the request
for proposals.
(3) Responsiveness of the developer and compliance with the authority
requirements during the request for proposals process.
(4) Degree of compliance with the convention center district rules of chapter
15-109.
(5) Strict compliance with the following criteria:
(A) The convention center facility shall be a stand-alone facility, without
additional private development on-site;
(B) The convention center facility shall be owned and operated by the
authority;
(C) The flexible meeting rooms, ballrooms, and support space shall consist
of a minimum of 675,000 gross square feet, of which a minimum of
200,000 gross square feet shall be exhibit space; provided that the
exhibit space and related support space shall be on a single level with
direct vehicle access to the exhibit floor;
(D) The convention center facility shall be designed and developed to
accommodate future expansion; and
(E) The convention center facility shall reflect a Hawaiian sense of place.
(6) Provision for access to adequate parking facilities within the convention center
district to accommodate the activities of the convention center facility as
proposed.
(7) Overall quality and feasibility of proposed development, design, engineering
and construction concepts, techniques, and materials.
(8) Degree of success in achieving a coordinated development plan that avoids
fragmentation.
(9) Efficient, rational, and easily understandable organization of people flows and
activities within the convention center complex.
(10)Efficient, innovative, and appropriate use of available land and space within
the convention center district.
(11)Degree of compatibility and synergy with surrounding and related uses and
activities.
(12)
Degree of success in solving potential transportation, traffic, ingress,
egress, access, and parking problems.
(13)
Feasibility of the developer's schedule for all development proposed in its
convention center development plan.
(14)
Potential for speedy commencement and completion of all development
proposed in the convention center development plan.
(15)
Quality of the developer's commitment to its development schedule,
relating to legal sufficiency and authority enforcement.
(16)
Potential for minimizing schedule changes, change orders, and value
engineering during development.
(17)
Minimize the number and degree of the variances, exceptions, exemptions,
or amendments relating to health, safety, building, planning, zoning, and
land use required by the developer in order to lawfully develop and
construct pursuant to its convention center development plan.
(18)
Quality of the developer's mechanism for insuring completion by the
developer of all development proposed in its convention center
development plan, and for insuring payment for all services and materials
utilized.
(19)
Degree of sensitivity to and incorporation of the knowledge, viewpoints,
and recommendations of the general public and all affected persons
respecting an appropriate convention center development plan.
(20)
Quality of the developer's mechanism for authority supervision, inspection,
and approval of all development proposed in the developer's convention
center development plan, relating to authority control and enforcement,
authority access for purposes of information, investigation, and inspection,
developer cooperation and responsiveness, legal sufficiency, and the quality
of the developer's commitment to the mechanism.
(21)
Potential for minimizing disruption of uses, activities, traffic, utilities, and
other infrastructure services in and around the convention center district
during the development and management phases.
(22)
Potential for preventing litigation related to the convention center
development plan.
(23)
Potential for preventing conflict with the holders of any property interest
within the environs during the development and management phases.
(24)
Potential for preventing conflict with existing uses within the convention
center district and environs during the development and management
phases.
(25)
Quality of the developer's assurance of speedy compliance with all
statutory requirements related to environmental issues.
(26)
Potential for minimizing adverse environmental, economic, and social
effects of development and management pursuant to the convention center
development plan.
(27)
Potential benefits to the general public, the State, and its political
subdivisions, such as economic diversification, stability, and improvement,
jobs creation, convention center facility revenues, tax revenues, and public
improvements.
(28)
Sensitivity to the styles, history, beauty, and social and environmental
values of Hawaii.
(29)
Augmentation of the State's role, visibility, and reputation as a Pacific basin
business, cultural, social, and technological center.
(30)
Contribution to growth, profitability, vitality, and stability of Hawaii's
tourism industry.
(31)
Contribution to an expanded, strong, profitable, and stable convention,
exhibition, and meetings industry in Hawaii.
(32)
Contribution to revitalizing the convention center district and environs.
(33)
Degree of enhancement of the physical, public use, and visual
characteristics of the surrounding area.
(34)
Potential for achieving a warm, human, and inviting environment which
encourages Hawaii residents and tourists to visit and utilize the convention
center district facilities.
(35)
Maintenance of appropriate and attractive view corridors.
(36)
Degree of enhancement of the skyline in the surrounding area.
(37)
Consistency with federal, State, and county plans, and degree of
consideration given to the State goals and policies, adopted State plan or
land use guidance policies, and county general plans, development plans,
and ordinances.
(f) The authority shall have the right to delete or modify any of the criteria
contained in section 15-17-13, or add any other criteria if the authority deems it is
necessary to best serve the purposes, policies, and provision of chapter 206X, HRS. [Eff
11/20/89; am and comp FEB 25 1994] ( Auth: HRS §206X-4) (Imp: HRS §§206X-4,
206X-5, 206X-6, 206X-7)