HomeMy WebLinkAboutCOM 0545.001 2000-2002 I~QU~ST FOR PROPOSI~L NO.
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NOTICE TO PItOPOSEIgS
SEALED PROPOSALS will be received on or before 4:30 p.m., Friday, May 31, 2002, in the office
of the Hawaii County Finance Department, Purchasing Division; ATTN: Bill Gray, Purchasing Agent, 25
Aupuni Street, Hilo, Hawaii, 96720 for the following:
REQUEST FOR PROPOSAL NO. REQUEST FOR
PROPOSAL FOR PROVISION OF ANIMAL CONTROL SERVICES
FOR THE POLICE DEPARTMENT, COUNTY OF HAWAII
Upon application, forms of proposal and specifications may be obtained from the above-named
office.
Written questions or requests for clarification regarding any aspects of the above proposal must be
submitted to Mr. Bill Gray, Purchasing Division, Hawaii County Finance Department, 25 Aupuni Street,
Hilo, Hawaii 96720, no later than April 26, 2002. All potential offerors are advised that the Hawaii
County Finance Department reserves the right to reject any offer which does not follow these instructions.
JAMES S. CORREA, Chief of Police
Honolulu Advertiser
Hawaii Tribune Herald
West Hawaii Today
March , 2002
REQUEST FOR PROPOSAL
I. GEly1ERAL
The Hawaii County Police Department is seeking proposals from any eleemosynary organization
formed for the humane care and treatment of animals to carry out the County's animal control program
pursuant to Chapter 4 of the Hawaii County Code and Chapter 143 of the Hawaii Revised Statutes.
All such proposals shall be subject to this Request for Proposal, Specifications and Special Provisions,
all of which are attached hereto and by reference made a part hereof.
The "General Terms and Conditions for Goods and Services," including exhibits of appropriate
contract and bond documents, dated July 1, 1994, shall be a part of any contract entered into as a result
of this proposal. All Proposers are responsible to be familiar with these general terms and conditions, a
copy of which is on file at the Finance Department and will be made available to any interested person
upon request at no charge. Where any conflict might appear, the Special Provisions shall have
precedence over the General Terms and Conditions and the Specifications of this proposal shall have
precedence over either.
All Proposers shall further review two studies authorized by the Hawaii County Council relating to the
provision of animal control services in Hawaii County, as follows: (1) Special Study on the Status of
Animal Control in the County of Hawai `i issued by the Legislative Auditor (November, 2000}; and (2)
Independent Evaluation of the Animal Control Program of the County of Hawai `i issued by the
National Animal Control Association (September, 2001). Copies of these studies have been appended
to this Request for Proposals.
II. SCOPE OF SERVICE
'The Hawaii County Police Department ("Department") desires to contract with an experienced and
qualified organization which shall perform the following general duties in all districts of the County of
Hawaii:
A. Shelter and Disposition.
1. The shelter facilities shall:
(a) impound, shelter and dispose of unlicensed, lost, stray, homeless, diseased or seriously injured
dogs, and euthanize or dispose of seized dogs not redeemed; and
(b) shelter and dispose of lost, stray, unclaimed, diseased, or seriously injured cats and other small
domesticated animals and livestock; and
(c) feed and shelter the animals in its care pursuant to Chapter 143, Hawaii Revised Statutes (relating
to dogs, cats and small domesticated animals), and Chapter 4, Hawaii County Code (relating to
dogs, cats, small domesticated animals and other animals described in Chapter 4, Hawaii County
Code).
Responsibility. The Contractor shall operate and properly maintain three (3) animal shelter facilities, to
include the County-owned Kona pound. The term properly maintain" shall be according to standards
established by the National Animal Control Association, the Humane Society of the United States, or
any other nationally recognized animal welfare and control organization acceptable to the County.
2. Hours of Operation. The shelter facilities shall be open to the public as follows (excluding County
holidays):
Keaau Monday through Saturday, 9:00 A.M. - 5:30P.M.
Kona Monday through Saturday, 9:00 A.M. - 5:30 P.M.
Waimea Tuesday through Saturday, 9:00 A.M. - 5:30 P.M.
Days and hours of operation may be changed upon mutual agreement in writing between the
Contractor and the Chief of Police, County of Hawaii, hereinafter referred to as "Police
Chief," provided that the minimum number of hours is not decreased, service to the public is
not diminished, and notice is published in the local newspaper(s).
4. Performance Measures. It is estimated that the Contractor will:
(a) Receive, assess, andlor process
• 12,800 stray/feral animals,
• 3,500 owner surrendered animals,
• 750 redemptions,
• 15 animals returned to Contractor for health reasons,
• 50 animals sent to the Hawaiian Humane Society on Oahu;
(b) Euthanize 14,000 animals.
(c) Adoption Stipulation. If the Contractor, at its sole discretion, opts to establish and carry
out an adoption program, such a program shall not exclude potential adopters solely on
the basis that the potential adopter is a bird or pig hunter. The Contractor's failure to
abide by this may constitute a breach of contract, and the County may proceed to cancel
the contract, and/or may be entitled to any other remedy entitled by law."
B. Dead Animals.
Responsibility. The Contractor shall be primarily responsible for the recovery and disposal of
dead dogs and other small domesticated animals found on public ways by reasonable means. The
term "reasonable means" include the subcontracting of this service to a private sanitation
company or other qualified person, provided that the terms and conditions of such subcontract
shall be approved by the Chief of Police. The term "public ways" shall refer to such ways that are
open to the public within all districts of the County of Hawaii.
Performance Measure. It is estimated that the Contractor, together with the County Dept. of
Public Works (Roads Division) and Police Department, will collect and dispose of 400 dead
animals annually.
C. Patrol.
Implement a patrol and pick-up schedule that may be adjusted periodically for proper
performance of the organization's obligation under this agreement, considering the needs of the
public, availability of manpower and equipment and the requirements of government agencies.
Responsibility. The Contractor shall enforce the following laws relating to animals:
• Cruelty to Animals, Section 711-1109, HRS;
• Cruelty to Animals, Fighting Dogs, Section 711-1109.3;
• Dog Licenses and Regulations, Chapter 143, HRS,
• Chapter 4, HCC, Animal Control, except for Sections 4-24 & 4-25;
Objectives and/or Measures. The Contractor shall have on staff a minimum of:
• 5 Animal Control Officers in Keaau, serving Hilo, Hamakua, Puna, Kau,
• 3 Animal Control Officers in Kona, also serving South Kona, Ocean View,
• 2 Animal Control Officers in Waimea, also serving Honokaa, Waikoloa, Kohala,
• 65 volunteers, providing 13,800 volunteer hours;
It is estimated that the Contractor will:
• Process 2,880 animal control cases;
• Issue 1,500 complaint and compliance notices;
• Issue 130 citations;
• Issue 20 citations to repeat offenders;
• Participate in 15 vicious dog appeal hearings.
D. Pounds.
Administer, maintain and operate a sufficient number of pounds to provide islandwide animal control
services. The Proposer will be allowed to use, if so desired, the county-owned Kona Animal Pound
Facility located at Kealakehe, North Kona for pound operations servicing the west side of the island.
Securing pound facilities servicing the rest of the island shall be the responsibility of the Proposer. The
Proposer shall make the pounds open to the public from 9:00 a.m. to 3:30 p.m., Mondays through
Saturdays, excluding county holidays.
E. Dispatch Service.
Responsibility. The Contractor shall operate a 24-hour dispatch service to receive requests for services
and complaints about animals from the public. Service response time shall be mutually agreed upon
between the Contractor and the Police Department based upon the estimated danger to the public and
animal, and the availability of staff. The following agreement has been reached:
• Reports of injured animals-90% of responses shall be initiated within 2 hours, when the
animal is in the immediate response area and is not confined;
• Reports of vicious dog attacks on a person where the dog is not contained and is a potential
threat-90% of responses shall be initiated within 2 hours;
• Reports of loose animal posing a public safety hazard-90% of responses shall be initiated
within 2 hours;
• Reports of cruelty or neglect to an animal where the animal is in immediate danger, 90% of
response shall be initiated within 2 hours, and resolved in 14 working days;
• Police request for animal control assistance-90% of responses shall be initiated within 3
hours;
• Requests to pick up contained, stray dogs-90% of response shall be initiated within 24 hours,
except in situations where arrangements have been made otherwise;
• Reports of cruelty or neglect to an animal where the animal is not in immediate danger, 90% of
response shall be initiated within 24 hours, and resolved in 14 working days;
• Reports of unlicensed, loose dog, and non-cruelty/neglect cases-90% of responses shall be
initiated within 48 hours, resolved in 5 working days;
• All other requests for services-response shall be initiated within the limits allowed by staff
availability;
Performance Measures. It is estimated that the Contractor will:
• Respond to 8,900 animal control related calls;
• Respond to 270 after-hour emergency calls.
Establishment of Memorandum of Agreement: Upon award of the animal control contract, the
Police Department, in consultation with the Contractor, shall develop a Memorandum of
Agreement for the coordination of dispatch communications and response between the
Department and the Contractor, to include "after-hours" response by police officers to public
complaints and requests for assistance relating to stray animals posing a public safety risk, dog
bites, threatening animal behavior reports, and reports of animal cruelty and neglect where an
animal may be in immediate danger.
F. Licensing
Responsibility. The Contractor shall sell dog licenses and assist in the maintenance of dog license files
for which the Contractor shall have access to the Department's computerized dog license files. It shall
also issue cat identification tags.
Performance Measures. It is estimated that the Contractor will:
• Issue 4,000 dog licenses;
• Collect $15,000 in dog license fees.
G. Spay/Neuter PrograYn
Responsibility. The Contractor shall administer aspay/neuter program for dogs and cats.
Objective and/or Measure. The Contractor shall issue 1,520 spay/neuter coupons annually.
II. Training and 1Sadgin~ of Aniynal Control (Ilumane) Officers
The Police Department will offer training and badging of humane officers at least twice a year,
upon request of the Contractor.
I. Quarterly Reports and Independent Financial Audit.
The Contractor shall render a quarterly report of its activities, revenues and expenses to the Police
Chief to be submitted within thirty (30) days after the close of the each quarter, i.e., October 31,
January 31, April 30, and July 31. A copy of the quarterly report shall also be submitted to the Mayor,
County Council, and the Legislative Auditor.
Responsibility. The Contractor shall render a quarterly report of its revenues and expenses (form
attached), and progress in meeting its objectives and measures (statistical report form attached) to the
Director within thirty (30) days after the close of each quarter, i.e., October 31, January 31, April 30,
and July 31. The quarterly report shall be submitted to the Chief of Police, Mayor, County Council and
the Legislative Auditor.
The Contractor shall be required to conduct an independent financial audit or review of financial
statements at least every other year after the commencement of the contract. Copies shall be furnished
to the Police Chief, Mayor, County Council, and the Legislative Auditor.
III. AGREEMENT FOR SERVICES
A written agreement, subject to County Council approval for amulti-year obligation, shall be entered
into between the Police Department and the selected Proposer for a period beginning July 1, 2002 with
the commencement of services to be provided and ending June 30, 2005. This agreement may be
extended in increments of two one-year extensions ending June 30, 2007. The price of the services to
be provided shall be negotiated annually between the Police Department and the Proposer and shall be
subject to the availability and appropriation of funds by the County Council. All proposals shall state
the amount of time the Proposer will require between being notified of the County's intent to award the
contract and being prepared to fully perform all aspects of the proposal in all districts of the County of
Hawaii.
IV. INSTRUCTION TO PROPOSERS
A. Time Schedule.
The following schedule consists of major events leading up to the selection of the Contractor:
March 2002: Date of advertisement in the Hawaii Tribune Herald, West Hawaii Today
and Honolulu Advertiser.
2. April , 2002: Submit written questions or request for clarification. All answers (if any
necessary) will be provided to all interested parties in the form of an addendum to these
specifications by April , 2002.
3. May 31, 2002: Deadline for receipt of proposals.
4. Award will be made, if acceptable response received, as soon as possible after proposal
opening.
B. Ambiguity, Conflict, Discrepancies, Omissions Or Other Errors In The Request For
Proposal•
Any interested party who discovers any ambiguity, conflict, discrepancy, omission or other error in the
Request for Proposal shall notify the following in writing on or before April , 2002:
Mr. Bill Gray, Purchasing Division
Hawaii County Finance Department
25 Aupuni Street
Hilo, I-Iawai`i 96720
If necessary, modifications or clarifications will be made by issuing an addendum by May 3, 2002, and
will be given by written notice to all parties who have been furnished the REQUEST FOR
PROPOSAL, without divulging the source of the request.
If any Proposer fails to notify the Hawaii County Finance Department prior to the date and time fixed
for submission of proposals of an error in the REQUEST FOR PROPOSAL known to him, he shall
submit the proposal at his own risk; and if he is selected by the County, he shall not be entitled to
additional compensation or time by reason of the error or its later correction.
The County may also modify the REQUEST FOR PROPOSAL prior to the date and time fixed for
submission of proposals by issuance of an addendum to all parties who have received the REQUEST
FOR PROPOSAL, or may issue addenda after negotiations have begun to all proposers whose
proposals remain under consideration. All addenda will be numbered consecutively beginning with the
number "1". It shall be the responsibility of the Proposer to assure all addenda have been received at
all times prior to the opening date and time.
C. Interpretation Of Provisions.
Notwithstanding any other provisions, if there is any doubt as to the interpretation of any of the
provisions herein, the Proposer shall submit an inquiry in writing as in Section B above. An addendum
will be issued as indicated above. Any questions regarding the interpretation of any provision after
proposals have been opened and/or a contract awarded will be subject to a ruling of the Chief of Police,
County of Hawaii, whose decision will be final. In addition, the parties hereto agree that the Director
shall have the sole power to decide and resolve matters which may arise in the future and which are not
covered in this proposal.
V. REQUIREMENTS AND PROCEDURES:
In responding to the "REQUEST FOR PROPOSAL" the following shall be included as a minimum:
A. The qualifications of Proposer's firm or individuals to undertake the scope of work specified
herein, including the name(s) and qualifications of any subcontractor(s). Resumes of all
professional personnel shall be included.
B. A narrative describing the program proposed and the manner in which animal control services
will be provided. The narrative shall include but not be limited to:
a. Goals and objectives of the program
b. Ways of measuring program success
c. Staffing requirements.
d. Sites of facilities to be utilized
e. Number and types of animal enclosures
£ Hours of operation
g. Time required, upon notification of intent to award by County, in order to be fully functional in
all districts of Hawaii County.
C. A schedule of annual expenses related to the performance of animal control activities. The
Proposer should specifically identify any "startup" and nonrecurring costs, which shall be, for
evaluation purposes, spread over the term of the contract period. The actual amount to be
compensated for animal control services will be determined through annual negotiations with the
Police Department and will be subject to the availability and appropriation of funds by the County
Council.
D. An inventory and valuation of all capital plant facilities, vehicles and equipment maintained by the
Contractor shall be provided to the Police Department. A schedule of planned capital
improvements and any "strategic plan" adopted by the Contractor's board of directors shall also be
furnished to the Police Department.
E. Signature/Letter of Transmittal:
The proposal shall be accompanied by a letter of transmittal which should include as a minimum
the name of the individual designated as the authorized representative of the firm and a summary of
key points of the proposal. The letter should be signed by an authorized individual. If the Proposer
is a corporation, the legal name should appear on the letter and the letter should be signed by an
officer or officers authorized by corporation. If the Proposer is a partnership, the true name of the
firm is required on the letter, and the letter should be signed by a partner or partners authorized to
sign such documents. If an agent is used, a power of attorney or equivalent must accompany the
proposal. The name and title of the individual signing must be typed below the signature. A
company signature is not acceptable.
F. Submission of Proposal:
The proposal shall be submitted as follows:
1. Number of Copies: One (1) original and two (2) copies of the proposal, typed, and double
spaced. Paper should be plain white, S-1/2" x 11"; the use of elaborate binders or presentation
media is discouraged.
2. Proposal Preparation Cost: Cost for developing the proposals are entirely the responsibility
of the Proposer and shall not be charged to the County.
3. Submission Address: The proposal along with any required submittals and transmittal
letter shall be submitted NO LATER T)EIAN 4:30 P.M. FRIDAY, MAY 31, 2002, to:
Mr. Bill Gray, Purchasing Division
Hawaii County Finance Department
25 Aupuni Street
Hilo, Hawaii 96720
Proposals should be mailed or delivered in person to the above address, in either the envelope
provided within this proposal or packaging of proposer's preference, provided that the RFP
number, name and Proposer's name is clearly printed on the outside.
All proposals received will be time-stamped and deposited in the locked bid box of the
Purchasing Division until the deadline. Proposals that are mailed in must arrive in the
Purchasing Division before the time deadline; proposals received after the deadline will be
returned unopened to the sender. The Proposer shall be solely responsible for the timely arrival
of its proposal. Proposals will not be publicly opened, nor will the names of individuals or
firms who have submitted proposals be made public until such time as an award is made or all
proposals rejected. After award, all proposals shall be public information except proposal
sections containing proprietary information or other information not appropriate for public
perusal which shall be sealed by the Proposer in a separate envelope marked "PROPRIETARY
INFORMATION".
VI. INDEMNITY
The Proposer shall conduct its activities as not to endanger any person; and shall indemnify, save and
hold harmless the County and all of its officers, agents, and employees from any and all claims for
losses, injuries, damages, and liabilities to persons or property occasioned wholly or in part by acts or
omissions of the Proposer, its agents, officers, employees, or any persons under the control of the
Proposer.
VIL WITIIDRAWAL OF PROPOSALS:
A Proposer may withdraw his proposal by submitting a written request to the Chief of Police any time
prior to proposal deadline.
VIII. REJECTION OF PROPOSALS
The Chief of Police reserves the right to accept or reject any or all proposals and to waive any defects
in said REQUEST FOR PROPOSAL if deemed to be in the best interest of the County.
IX. CONTACT FOR INFORMATION
If the Proposer requires additional information from the County, arrangements shall be made through
Bill Gray, Purchasing Division, Hawaii County Finance Department, 25 Aupuni Street, Hilo,
Hawaii 96720. Telephone: (808) 961-8231.
However, all Proposers are cautioned that no verbal information may be considered in providing a
proposal. Only written addenda in response to written questions or comments will be considered as
alteration to this request for proposal.
X. METIIOD OF SELECTION
The selection of the Proposer will be made by the Hawaii County Police Department based upon the
consideration of which proposer is the most qualified to perform those services required by this
Request for Proposal. Factors to be considered in making the award, weighted accordingly, shall be
as follows:
Cost ............................................................50%
Experience of organization and employees..... 25%
Ability to provide islandwide coverage.......... 25%
The Hawaii County Police Department reserves the right to make an award based only upon
proposals submitted, or may require submittal of additional information and/or oral presentation.
The Hawaii County Police Department also reserves the right to negotiate with one or more
proposers and request best and final offers; provided that no Proposer's proposal or information
regarding his or her negotiation with the County shall be public information or shared with any other
proposer until after an award is made.
The County of Hawaii further reserves the right to use any ideas presented in any proposal or as a
result of any negotiation, unless marked "PROPRIETARY", whether from a successful or rejected
proposal.
The Hawaii County Police Department shall be the sole judge in the selection of the Proposer whose
proposal will best accomplish the needs of the County and in accordance to the availability of funds.
XI. TERMS OF TIDE CONTRACT
The terms and conditions shall be set forth in the award. If the terms are not agreeable to the
successful Proposer and if no agreement can be reached by both parties, the award may be dissolved
without penalty to either party.
XII. CONTIACT SUEJECT TO Ii;EVISION OF CIIAPTEI2 4, IIAWAI`I COUNTY CODE
Subject to any amendments enacted by the Hawaii County Council to Chapter 4, Hawaii County
Code, the terms and conditions and scope of responsibilities to be performed by the Contractor may
be subsequently altered, pursuant to negotiation between the Contractor and the Hawaii County
Police Department.
SI~LCIAL I'I~OVISIONS
1. PROPOSAL ACCEPTANCE/RE~TECTION: The Hawaii County Police Department reserves the
right to reject any and all proposals and to accept the proposals in whole or in part as best suited in the
interest of the County, giving due c°ansideration to price, quality of product and proven dependability
and ability of each proposer evith respect to ability to serve the County.
2. DURATION OF` CONTRACT: Pending County Council approval, the contract shall be effective for
a period beginning with. the date of commencement of services to be provided and ending June 30,
2005. This contract period may be extended for two additional years. Further, the contract period may
be extended for an additional period not to exceed 180 days to facilitate a new RFP process if
necessary. Contractor shall cooperate fully with any new contractor at conclusion of contract to
facilitate a smooth transition.
3. I)EVI.A~.TIONS: The Chief of Police reserves the right to waive and/or accept any minor deviations
from the specifications, if in the Chief s opinion, such waiver will be in the best interest of the County
and that such waiver shall not materially affect the standards of performance, operations, capacities or
quality of the services offered.
4. PROPOSAL OPENING: All proposals received will be time-stamped and deposited in the locked bid
box of-the Pr~rchasing Division until the deadline for receipt of proposals. Proposals that are mailed in
must arrive in the Purchasing Divisian before the deadline; proposals received after the hour of opening
will be returned unopened to the sender. The proposer shall be solely responsible for the timely arrival
of its proposal. Proposals will not be publicly opened and will become public information only upon
completion of contract(s) or rejection of all proposals.
5. TAX CLEARANCE: The successful proposer, including out-of--state proposer, must apply to the
Hawaii State Tax office and the iraernal Revenue Service in conformance with HRS, 103-53, for a tax
clearance prior to a Contract being issued and again before final payment can be made. In the event an
apparent successful proposer is unable to furnish appropriate certificates within ten (10) calendar days
of being requested to do so, the County will proceed to award to the next most advantageous proposal
who shall furnish said certificates. It is not required, but strongly suggested, that tsroposers furnish tax
clearances with their proposals.
6. PAY1dIENT: Payment will be made as soon as practical in the normal course of business upon proper
invoicing and satisfactory delivery gf goods and/or services. Invoices should be mailed or delivered to
the Hawaii County Police Department, Police Finance Section, 349 Kapiolani Street, Hilo, Hawaii
96720.
7. PROTESTS AND FORUl~^I SELECTION: Any protest regarding procurement law or procedure
shall ~:trictly follow the proced~rc described in chapter 126, Hawaii Administrative Rules,
Department of Accounting and General Services, Subtitle 11, Procurement Policy Board. Upon
notification of any award, it shall be the responsibility of any protester to review all public
documents relating to this IFB or RFP and his or any other vendor's contract award within five days
and file all protests within that period.
No other action or proceeding involving this contract shall be commenced by either party except in
the Circuit or District Courts of the Third Circuit, County of Hawaii, State of Hawaii; nor shall any
action commenced in such court be removed or transferred to any other state or federal court.
8. INDEF~END~NT CONTRACTOR; The Contractor shall perform the contract as an independent
contractor and shall indemnify and:-save the County and its officers and employees harmless from
any and all deaths, injuries, losses: and damages to persons or property, and any and all claims,
demands, suits, action and liability therefor, caused by error, omissions or negligence in the
performance of the contract by the Contractor or his subcontractors, agents and/or employees, until
such time as action against the Contractor for death, injuries, losses and damages is barred by the
provisions of Chapter 657, HRS, as amended, relating to limitations of actions.
9. LAWS AND litEGULATIONS: The Contractor shall keep himself fully informed of all laws,
ordinances, codes, rules and regulations, governmental general and development plans, setback
limitations, rights-of--way, and all changes thereto, which in any manner affect the contract and the
performance thereof, including but not limited to:
A. All Sections of the 1^Iawai`i County Charter and Hawaii County Code, particularly
Chapter
13. Chapter 103, HRS, as amended, relating to expenditure of public money.
C. Chapter 104, HRS, as amended, relating to wages and hours of employees on public
works.
D. Chapter 321, HRS, as amended, relating to Health Department.
E. Chapter 378, HRS, as amended, relating to fair employment practices.
F. Chapter 376, HRS, as amended, relating to industrial safety.
G. Chapter 386, HRS, as amended, relating to workmen's compensation.
H. All sections HRS, as amended. relating to crime and Police, particularly Chapter 143,
HRS.
I. Chapter 711-1109 and 711-1109.3. HRS, relating to animal cruelty.
The Contractor shall comply with all such present laws, ordinances, codes, rules, regulations, design
standards and criteria, governmental general and development plans, setback limitations, rights-of-
way, including the giving of all notices necessary and incident to the proper and lawful prosecution
of the avork, and all changes thereto. If any discrepancy or inconsistency is discovered between the
contract and any such law, ordinance, code, rule, regulation, design standard, design criterion,
governmental general or development plan, setback limitation or rights-of--way, the Contractor shall
forthwith report the same in writing to the Officer-in-Charge.
RFP -ANIMAL CONTROL SERVICES SPECIAL PROVISIONS PAGE 2 OF 6
10. TIME OF PERFORMANCE Ol~ CONTR.~CT: Time is of the essence. Performance of the
services under the contract shall be commenced on the commencement date designated in the notice
to proceed and the Services as required shall be completed within the number of calendar days
specified or during the term of the agreement.
11. DEI.A~' IN PERFOItI~IA~NCE OF CONTRACT: If any delay in the performance of the services
under the contract occurs as a result: of unforeseeable causes beyond the control and without the fault
or negligence of the Contractor, including but not limited to, acts of God, acts of the public enemy,
acts of the County with respect to the contract, acts of another contractor in the performance of a
contract with the County, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
unusually severe weather, or delays;®f subcontractors or suppliers arising from unforeseeable causes
beyond the control and without the fault or negligence of both the Contractor and such
subcontractors or suppliers, then the Contractor shall be granted an extension of the time for
performance corresponding to the :delay. If as a result of the delay completion of performance
within the extended time would cause undue hardship to the Contractor, the Police Chief may, in his
discretion, grant a further extension of the time for performance. No extension of time, however,
shall be granted unless a written application therefor stating in detail the cause or causes of delay is
filed by the Contractor with the Off cer-in-Charge within ten (10) calenda days after the
commencement of the delay. The number of days of each extension of time shall be determined by
the Police Chief upon the recommendation of the Officer-in-Charge. No such extension shall be
deemed a waiver of the right of the County to require the completion of the services under the
contract within the time required herein as so extended by the specific terms of such extension or
extensions, nor a waiver of right to terminate the contract for any other or additional delay not
covered by the specific terms of such extension or extensions.
12. PROSECUTION OF TI-IE ~'ORI~: The Contractor shall be available upon reasonable demand to
discuss the progress of the services being performed under contract. All questions arising during the
performance of the contract which must be resolved by the Police Chief or Officer-in-Charge shall
be brought to their immediate attention.
The Contractor shall direct his work to relate appropriately to, and in accordance with, established
engineering, planning; accounting and/or architectural design principles and practices for good
exterior appearance, and the natural. and man-made environment; provided, that if the project is for
an economic feasibility study or czther study, then the Contractor shall direct his work. to relate
appropriately to, and in accordance with established principles, practices and standards for such
study.
The Contractor shall furnish sufficient technical supervision and administrative personnel to insure
the proper performance of the services under the contract and shall be responsible for the accuracy
of all computations and completeness of all designs, plans and/or studies.
All notes, including field notes, designs, drawings, tracings and other data produced in the
perfonrance of the contract shall be the property of the County.
RFP -ANIMAL CONTROL SERVICES SPECIAL PROVISIONS PAGE 3 OF 6
The Officer-in-Charge shall have access, at all reasonable times, to all notes, designs, drawings,
tracings or other technical data pertaining to the services being performed under the contract for the
purpose of inspection and making copies of them. Upon completion of the services under the
contract, any or all of such notes, studies, designs, drawings, tracings, or other technical data shall
be delivered and surrendered to the- County on demand, provided that copies of such notes, studies
and other technical data may be delivered and surrendered instead of originals.
13. AUTII~3ItITY OF' TIME OF°F'ICE;.-Ilea-CHANGE AND POLICE CHIEF': Any question or
dispute concerxting any provision of the contract which may arise during its performance shall be
decided by the Officer-in-Charge. The decisions of the Officer-in-Charge shall be final and binding
upon all parties unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as
necessarily to imply bad faith or is not supported by substantial evidence, provided that decisions on
questions or disputes relating to acceptance of the services performed under the contract, suspension
or termination of the contract, extension of time, reduction or increase in the compensation of the
Contractor and payment shall become final and binding upon all parties only upon approval of the
Police Chief, and provided further that nothing herein shall be construed as making final and
binding any decision of the Officer-in-Charge and/or Police Chief on a question of law. Pending
final decision of any dispute or question, the Contractor shall proceed diligently with performance
of services under the contract in accordance with the decision of the Officer-in-Charge and/or Police
Chief.
14. CO®P1fI2ATION DY TIIE COUNTY: The County shall, without cost to the Contractor, through
the Officer-in-Charge, cooperate fully with the Contractor and will promptly place at the disposal of
the Contractor atl available pertinent information which the County may have in its possession. The
County will certify to the accuracy of certain information in writing whenever it is possible to do so.
The County does not represent that other information not certified as accurate is so and takes no
responsibility therefor and the Contractor shall rely on such information at his own risk.
15. IIEVIE~V ~Y TI-IE COUNTY: The County shall review all submittals and other work and data
required to br made by the Contractor and reject or approve such submittals in their entirety or
approve the same subject to such. deletions, additions and revisions as the County may deem
necessary and proper. In submittals specified in the special provisions, all items not required by the
County to be deleted, added or revised after review by the County and not defective by reason or
error, omission or negligence on the part of the Contractor, his subcontractor, agents or employees
shall be deemed to have been approved.
Throughout the contract period, the Contractor shall allow and facilitate an audit or review of the
Contractor's fiscal documents or other animal control record-keeping and documentation relating to
the implemen¢.ation of the contract. by the Police Chief or the Chief's representative, the County
Legislative Auditor's Office or Council's designated auditor.
16. COIVIPENSATION: The Contractor shall be paid the amount stated in the written agreement with
the amount to be negotiated annualhr and be subject to the availability and appropriation of funds by
the County Council.
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17. ASSIGNMENT OF MONEY DUE OIt PAYAFLE: Assignments of money due or to become
payable to the Contractor under the contract shall not be valid without the prior written consent of
the Chief of Police. The rights of the assignee to moneys due or to become due to the Contractor
shall be subject to paragraph 21 of Special Provisions.
18. ACCEPTANCE AND FINAL PAYMENT: Final payment will be made only after the issuance of
a notice of final approval and acceptance by the Police Chief advising the Contractor of the
satisfactory fulfillment of the terms of the contract and receipt of a certificate from the Director of
Taxation, as provided in Section 103-53, HItS, relating to prerequisite for final settlement of
contracts. Acceptance by the Contractor of the final payment shall constitute payment in full for all
services performed under the contract.
19. FIGHT OF T]<IE COUNTY TO TEISMINATE: The County shall have the right to suspend
performance of the services under the contract or terminate the contract in whole or in part at any
time by written notice to the Contractor. Upon termination all data, plans, specifications, reports,
estimates, summaries, completed work and work in progress and such other information and
materials as may have been accumulated by the Contractor in the performance of his services shall,
in the manner and to the extent determined by the Officer-in-Charge, become the property of and be
delivered to the County.
20. TE>IIMINATION DECAUSE OF CONTIIACTOIt'S DEFAULT: The County shall have the
right to enter into a new contract with another contractor and pay a reasonable compensation for
such services as may be necessary to properly complete the services under the contract if it
terminates the same because the Contractor:
A. Fails to begin work under the contract at the time required; or
B. Is unnecessarily delaying the performance of the contract or any part thereof; or
C. Is failing to perform the contract with sufficient or adequate personnel, equipment or
materials or is not making sufficient progress to ensure the completion of the contract
within the time specified; or
D. Fails to perform the contract in accordance with direction of the Officer-in-Charge; or
E. Discontinues performance of the contract; or
F. Fails to re-commence performance of the contract within a reasonable time after service
of a written order to do so if the performance had been suspended; or
G. Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or
insolvency; or
H. Allows any final judgment to stand against him unsatisfied for a period of ten (10)
calendar days; or
I. Makes an assignment for the benefit of creditors; or
J. Fails to pay for all labor, tools, materials and equipment; or
RFP -ANIMAL CONTROL SERVICES SPECIAL PROVISIONS PAGE 5 OF 6
K. Has abandoned the contract; or
L. Violates or fails to comply with any of the terms, covenants and conditions of the
contract.
The fee of such other contractor shall be paid from any unexpended amount of the compensation
under the contract. Should the compensation of such other contractor exceed such unexpended
amount, then the contractor shall reimburse the County for the difference as part of the damages
caused by Contractor's default. Afa~:r payment of the compensation of such other consultant, any
remaining unexpended amount of the compensation payable under the contract shall be paid to the
original contractor.
The provisions of this subsection shall not apply if the contractor is an individual and the default is
due to his death or mental or physical disability.
21. AUTIIORITY TO WITIEIhIOLD 1'~IONEY DUE OR PAYAIBLE: The County may withhold such
amounts from money due or to become payable under the contract to the Contractor, or any assignee
under paragraph 17, as may be necessary to protect the County against liability or to satisfy the
obligations of the Contractor to the County and to employees, subcontractors and materialmen who
have performed labor or furnished material and equipment under the contract and may make such
payments from such amount as may be necessary to discharge such obligations and protect the
County.
22. REIVIEI3IES NOT EXCLUSIVE: The express provision herein of certain measures which may be
exercised by County for its protection shall not be construed to preclude County from exercising any
other or further legal or equitable right to protect its interests.
23. SERVICES NOT IN CONFLICT WITII CIVIL SERVICE LAW: It is understood and agreed
that any services to be provided in accordance with the terms of this contract may be terminated
immediately, in whole or in part, upon a finding by the County that these services must be provided
by public employees, pursuant to Civil Service Laws or that such services will be discontinued. It is
further understood, that should such a finding be made, the County will not be liable under this
contract for any resulting damages, and such a termination will not be considered a breach of this
agreement.
24. CONSTRUCTION OF CONTRACT: The masculine shall be deemed to embrace and include the
feminine and the singular shall be €ieemed to embrace and include the plural, whenever required in
the context of the contract.
25. 1dIANAOED PROCESS REVIEW: Any contract for goods, services, or construction entered into
after July 20, 1998, and prior to July 1, 2001, with an expiration date beyond Junc 30, 2001, shall,
during its term, be subject to a single review by the County, pursuant to the managed process in Part
III, Section 6 of Act 230, Session Laws of Hawaii, 1998. Pursuant to the managed process review,
the contract Array be canceled, renegotiated, continued, or extended by the County. The contract
shall continue to be exempt from civil service laws for the duration of the contract even if a managed
process is not implemented.
RFP 1779 -ANIMAL CONTROL SERVICES SPECIAL PROVISIONS PAGE 6 OF 6