HomeMy WebLinkAboutCOM 0545.003 2000-2002 4~¢;9k
'r~~ ~ Janes S. Correa
Marry I~iat7 °o
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• ~'s} Police Chief
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349 Kapiolz:-~i Street • 1-Lilo, :lawaii 96720-3998
(808)935-3311 • Fax (808)961-8865
Apri14, 2002 -
TO AARON S.Y CHAIRMAN, COMMITTEE ON FINANCE
FROM JAi ~ C A, POLICE CHIEF
SUBJECT : REQUEST FOR PROPOSAL FOR PROVISION OF ANIMAL CONTROL
SERVICES
We received you memorandum of March 25, 2002, requesting s finalized copy (RFP) for the
above mentioned selvices in order that it can be placed back on the next Finance C mmittcc's
meeting agenda.
Enclosed. is the finalized (RFP) for Provision of Animal Control Services for the Hawaii County
Police Department.
Because of a communication breakdown, we apologize for not appearing before the Finance
Committee on March 18, 2002.
Should you have any questions, please contact Sergeant Jay N. Enanoria of our Administrative
Services Division at 961-2260.
cc: Council Members
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RE~U~ST' ~R®P~SAL IV®. X007:
I't~C~U~S°T PFZ®P®S~.L
PFt®VISIC3~! ,~NIINIAL COIV'TR®L SERVICES
I~t)I~ THE I-I~~A~,I`I COUNTY ~QLICE ~EPa~f~1'tVIEIV~,
C®UNTY ®I" I~A91V~1`I
~IIL®, ~iAV0l.4~11
SEALED PROPOSALS will be received on or before 4:30 P M., 1~'RIDA~',14day 31,
2002, in the office of the Purchasing Division, Department of Finance, County of Hawaii, 25
Aupuni Street, Hilo, Hawaii, for the following:
~~u~s~ ~~~~~s~~ 200: ~~tc~~?os~~a~
~~~~i~i
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. Gary Maesato, Police Finance Section, Hawaii County Police
Department, 349 Kapiolani Street, Hilo, Hawaii 96720, no later than April I5, 2002.
WILLIAM AKR.1~A
Director of Finance
Hawaai Tribune Herald
SJest Hawaii Today
f~'ublicatron Date: March 31, 2002
SEALED PIZQPOSALS will be received on or before 4:301'.M., .~I~IDAY, 1'Vlay 31,
2002, in the office of the Purchasing Division, Department of Finance, County of Hawaii, 25
Aupuni Street, Hilo,1-Iawaii, for the following:
~~~~~~A,L ~V~. 2007: ~~®Vl~f~~f
6~~V~1 `I
Upon application, forms of proposal and specifications may be obtained from trhe above-
named office. Written qudstions or rega~ests for clarification regarding any aspects of the above
proposal must be submitted to 1Vfa~. Gary Maesato, Police Finance Section, Hawaii Co~snty Police
Department, 3~9 Kapiolani. Street, Hilo, Piawai`i 96720, no later than April 15, 2002,
WILLIAM TAKABA
Director of Finance
Hawaii Tribune Herald
West Hawaii Today
Publication Date.' March 31, 1002
R~LJES'T FOR PROP®SAI.
I. ~EIV"ERAI.
The Hawaii County Police Department is seeking proposals from any eleemosynary organization(s)
formed for the humane care and treatment of animals to carry out the County's animal control program
pursuant io Chapter 4 of the Hawaii County Code and Chapter 143 of tl;e Hawaii Revised Statutes.
All such proposals shall be subject to this Request for Proposal, Specif cations and Special Provisions,
all of which are attached hereto and by reference made a part hereof.
The "Caeneral 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
propoagl. All Proposers a~ responsible to be familiar with these general terms and conditions, a copy of
which iS on axle at the Finance D~parnnent and will be made available to any -interested person upon
request at no charge. 6Vhere any conflict might appear, the Special Provisions shall have precedence
over tl:c General Tetras and Conditions and the Specifications of this proposal shall have precedence
over either.
All Proposers shall furtherrevie~v two studies authorized by the Hawaii County Council relating to the
provision of animal control services ir: Hawai`i County, as follows: (1) Special Stud~~ on the Stator of
Animal Control in the Coa~~:ty o,*Hawaii issued by the Legislative Auditor (Novemise:, 2040); and (2)
Inclepe:~adent Ellaluation of the Aari~aaal Control Program of the County of Hawaii issued by ih National
Animal Control Association (September, 2001 Copies of these studies have been appended to this
Request for Proposals.
II. SCOPE 014' SERVICE
The Hawaii County Police Iepartment ("Department") desires to contract with one or more
experienced and qualified organizations which shall perform the following general duties in all districts
of the County of Haavai`i (if a single contractor is selected) or in specified districts (if two contractors
are selected). In the event of dual abvards, all the performance measures listed within this section shall
be reduced to equal approximately the total listed for the respective side of the island:
A. Shelter and Llis ositian.
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 anirbaals 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 Dona pound, unless a dual award is made in which ease
the East, Hawaii awardee will operate a shelter for the east side districts and the ~'"est 1^Iawaii
awardee will operate the Kona pound and a shelter to service the North ~ South Kohala Districts.
The to m "properly maintain" shall be according to standards established by the I~Jational Animal
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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. - 5:30 P.M.
Kona Monday through Saturday, 9:00 A.M. 5:30 P.M.
Waimea Tuesday through Saturday, 12:00 Noon. - 3:30 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 trhe minimum number of hours is not decreased, service to the public is
not diminished, and notice is published in the local newspaper(s).
3. Perforrraance Measures. It is estimated that the Contractor will:
(a) Receive, assess, and/or process
• 12,800 stray/feral animals, (West-5,460; East-7,340).
• 3,500 ob~~:er surrendered animals, (West-760; East-2,740).
• 750 redemptions, (West-295; East-455).
• 15 animals returned to Contractor for health reasons, (West-6; East-9).
• 50 animals sent to Hawaiian Humane Society on Oahu; (West-44; East-6).
(b) Euthanize 14,000 animals. (West-5,190; East-8,810).
(c) Adoption: The Contractor shall establish and carry out an adoption prograrr•~ and shall
have policies and prcaced:~res with. record keeping that would include the number of dogs
and cats that are adopted and shall submit to the Police Department on a quart~xly basis a
statistical account of the :umber of dogs -and cats that are adopted. The ConW
actor shall
not exclude potenti~:l adop*,ers solely on the basis that the potential adopter is a bird csr pig
hunter. To exclude these individuals may constitute a breach of contract, and he Co~~ty
may proceed to cancel the contract, and/or may be entitled to any other remedy entitled
by law. fibs Contractor shall have policies and procedures in place and in 3~{riting °.hat
shall be reviewed by the Police Department on how they receive, assess, process, and
euthanize animals. 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 failr€re 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 ~lnisnals,
Responsibeliry. 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 Police Chief. fibs term "public ways" shall refer to such ways that are-open to the
public bvithin all districts of L';e Comity of Hawaii. A report shall be sent quarterly to the Police
I3epart ent of the nuanber of dead anlmals that the Contractor an c®nJunctlon bvtth the County
Department of Public Works (RoadF Division), excluding the Police Department, have collected
and disposed of.
Perforra~ance Measure. `The measurement of perforniance will be the collection and disposal of
400 (West-132; East-268).dead animals annually.
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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.
'Houra° of~atrol/enfarcetnent fexcludin~ City holidays)
I~eaau Mo:'aday though Saturday, 9:00 A.M. - 5:30 P.M.
Kona Monday through Saturday, 9:00 A.M. @ 5:30 P.M.
Waimea Tuesday through Saturday, 8:00 A.M. - 3:30 P.M.
Rasp®nsability. The Contractor shall enforce the following laws relating to animals:
• Cruelty to Animals, Section 711-1109, HIZS;
• Cruelty to Animals, Fighting Dogs, Section 711-1109.3;
• Dog Licenses and 12eg'ulations, Chapter 143, IRS,
• Chapter 4, HCC, Animdal Control, except for Sections 4-24 & 4-25;
Qualifications for AnaIInal Control ~cers. Animal control officers will closely follow the
employment guidelines for police off cars:
1) They shall not have a history of poor judgement, irresponsibility, or lack of decision-
making capabilitieG within the last three yeazs from filing of application
2) For criminal history, no animal control officer shall have a:
a) felony conviction
b) misdemeanor crime of violence conviction -involves injury or threat of injury to tl>e
person of another (assault/abuse of household member/terroristic threat/etc.)
c) conviction of murder
d) felony suspect within the last five years from filing of application
e) misdemeanor s~iolent crime suspect within the last five years from filing of
application
f) contempt of court (critrinaUtraffic) within the last three years from filing of
application
g) morals/gaTnbling within *ehe last three years from filing of application
h) all other znisde:neanorsr'pettyrnisdemeanors within the last three years from filing of
application
3) For drugs, any applicant that has been convicted for the sale or trade of illegal yr illicit
drugs ~srill be deemed unsuitable for employment. Also unsuitable would be those that
have ingested mariiuana foe more than 15 times in their lifetime.
4) Any applicant that lea; ingested any illegal drugs other than marijuana more than five
times will be deemed unsuitable.
5) Any applicant that ha;~ ingested illegal drugs while employed in a position of public trust
will be deemed unsuitable.
6) Any applicant who has been a suspect who has traded or sold marijuana within the last
five years from fil::gig of application.
7) Any applicant who has been a misdemeanor suspect/illicit drug use within the last three
years from f ling of application
8) Any applicant who seed marijuana within the last two years from filing of application
9) For traffic history, no aaiar~l :.antrol officer shall have DUI, arrest as a result of traffic
violation(s), pazldng and recd:less driving, three or more moving violations (speediAg, etc.), and
driver's license suspension; within the last three years from filing of application.
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Objectives and/or Measures. fine Contractor(s) shall have on staff a minimum of:
• 5 Animal Control ®fficers in East Hawaii, serving Hilo, Hamakua, Puna
• 3 Animal Control Officers in Kona, also serving South Kona, Ka'u
• 2 Animal Control Officers in Waimea, also serving Waikoloa, Kohala,
• 65 volunteers, providing 13,800 volunteer hours (West-306,465 hrs; East-35-7,335
hrs.);
The following will be the performance measures that the Contractor(s) will strivc for. The
Contractor(s) will have in place policies and procedures to:
• Process 2,880 animal control cases; (West-800; East-2,080).
• Issue 1,500 complaint and compliance notices; (West-370; East-1,130).
• Issue 130 citations;. (West-30; East-100)
• Issue 20 citations to repeat offenders; (West-5; East-15).
• Participate in 15 vicious dog appeal hearings. (West-5; East-10).
D. Pournds.
Administer, maintain and operate a sufficient number of pounds to provide island-wide animal control
services, The Proposer will be allowed to use, if so desired, the county-owned Ko:~a Animal Pound
Facility located at Kealakehe, North Kona for pound operations servicing the west side of the island.
Securin„ pound facilities servicing the rest of the island shall be the responsibility of the Proposer.
E. Disn.~atcl~ Sea°v6ce.
Responsibility. The Contractor shall operate a 24hour dispatch service to receive re~'.aests for services
and complaints about animals from tl:e public. The dispatch services will consist of a private answering
service .and the Contractor gvill provide a list of animal control officers that can be contacted either by
phone o° through some sort of wireless paging system. The animal control officer when so dispatched
shall make contact with the Central Dispatch of the Hawaii County Police Department within 15
minutes. Service response time to "priority calls" will be adhered to by the Contractor and will be based
upon estimated danger to the public.
The following will be the response times of the Contractor when called by the Police Department:
Priority ®ne Ca!!s
Priority One Response Time and Goal:
90% of calls shall have a response time of 30 minutes.
Types of Priority One Calls:
• Hawaii County Police and Hawaii County Fire Department emergency calls
• Dog bites or animal attacks (Dog in immediate area and potential threat, not contained) and
public safety situations.
• Injured animals
• Crz:elty to animals (animals in immediate danger)
Priority Two Calls
Priority Two Response Tune and Goal:
90% of calls shall have a response time of 60 minutes.
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Types of Priority Two Calls:
• Stray animals in custody. (Unless, 1. other response time arrangements have been made and
agreed upon by the individual holding custody of the animal, i.e.: Good Samaritan
individuals, 2. Full-truck status: The impounding vehicle is filled to capacity and no longer
able to humanely transport animals, therefore, the vehicle must first return to the shelter to
unload, and then can be dispatched according to the response time).
• Loose animals cawing property damage.
• Animal welfare ohecks (possible cruelty, animal not in immediate danger)
1?rioraty 'T'hree Calls
Response Tinge and Goal:
90% of calls shall have a response time of 24 hours.
Types of Priority Three Calls:
• Loose animals, random strays that are unconfined.
• Bead animal pick-up on public rights of ways (Excluding large animals and feral pigs).
Performance Measures. It is estimated that the Contractor will:
• Respond to 8,900 animal control related calls; (6Vest-4,300; East- 4,600).
• Respond to 270 after-hour emergency calls (West-95; East-175)..
The Contractor shall coordinate dispatch communications and response between the Police
Depart*nent 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 ani;nal behavior reports, and reports of animal cruelty and neglect whe:~ an
animal°;aay be in immediate danger.
F. I.ecer~sinQ
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.
Perfoniaance Measz~res. It is estimated that the Contractor will:
• Issue 4,000 dog licenses; (West-2.060; East-1,9 40).
• Collect $15,000 in dog license fees. (West-$7,800; East-$7,200).
G. S~gv/Neu±er 1?ro~ram
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
(West-790; East-730)..
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I;. `Trainin and Rad in of Ani~€aal ontrol urlaane Officers
The Police Department will offer 40 hours of training classes, to include but not limited to
specif c sections of the County Code, animal control laws, report writing, certification, and
appropriate use of Oleoresin Capsicum spray and badging of humane officers at least twice a
year, upon request of flee Contractor. As much as possible, the Police Department dvill try and
coordinate the training with an ongoing police recruit class. Training records, including names,
type of training and dates of trainJing, will be maintained by the Contractor and Police
Departtnent.
I. Oaaarterly Reports and iradea~en€lent Financial Aaedit.
The Ccntractor shall tended a quarterly report of previously mentioned 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 Juiy 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 r€:eeting its objectives and rrseasures (statistical report fortr~ 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 Police Chief, 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 ydar after the commencement of the contract. Copies shall be furnished
to the Police Chief, Mayor, Co=anty Council, and the Legislative Auditor.
The Contractor agrees to document and maintain all communications between the Pcslice Department
and the vendor and a*ay con-~-h.unication from members of the public to tlae vendors individually for a
period of three years. T:~Lre shall be kept a system of records of reports for calls for services,
investigative reports, and citations issued to include financial records. Vendors shall also have
administrative procedures of how <:nimal control officers wrill conduct their enforcement investigation
and shelter operations. Th..se procedures will be in writing and reviewed and appro4%ed by tlae Police
Depar~ent prior to implernwntatior~ and any changes of these procedures once accepr=,ed shall than be
sent to the Police Department for review and comment at least 30 days prior to its implementation. All
animal control officers shall be coffrsi~nt of the administrative procedures and any chances.
III. AGREEMENT FOIL 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. 'T`his a~eement may be
extended in increments of two one-year extensions ending June 30, 2007. The price of the services to
be provided shall be negor~ated annually between the Police Department and the Prop-Deer and shall be
subject to the availability and appropriation of funds by the County Council. All proposals shall state
the amoE„nt of time the Proposer evil require between being notified of the County's in4ent to award the
contract and being prepared to fully perform all aspects of the proposal in all districts of the County of
Hawai `i.
IV. INSPECTION OF ANIMAL CONTROL FACILITIES
Personnel from the Police Department will conduct random and unannounced inspections of the three
facilities in Hilo, Waflmea, and Kona to ensure compliance on the part of the Contractor and to report on
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the conditions of the facilities and animals kept at the facilities. A report of discrepancies will be
completed by the Police Department within 30 calendar days and the Contractor shall have 30 calendar
days in which to resolve the discrepancies.
V. ~1ST°RUCTION 'I'O PROP®SERS
A, TI:€ne Sshedule.
The following schedule consists of major events leading up to the selection of the Contractor:
March 31, 2002: Date of advertisement in the Hadvaii Tribune Herald & 1%Vest Haavaai Today.
2. April 15, 2002: Submit ~•ritten questions or request for clarification. All answers (if any
nec~:ssary) will be provided to all interested parties in the form of an addendum to ~:-base
specifications by April 29, 2002.
3. May 3 1, 2002: Deadline for receipt of proposals.
4. Award will be made, if acceptable response received, as soon as possible after proposal
opening.
B. Arnb's ui Conflict I)iscre a~acaes ®rnissi®ns (Ir ®tlaer Err®rs In The Ite uesY For I}ro ®sal:
Any interested parry sxho discovers any ambiguity, conflict, discrepancy, omission or other error in the
Requevt for Proposal shall notify the following in writing on or before April 15, 2002:
Mr. Gary Maesato, Police Finance Section
Hawa`i Ca.anty Police Department
349 ICapiolani Street
I~Iilo, Ilawai`i 96720
If necessary, modifications or clarifications will be made by issuing an addendum by April 29, 2002,
and vllI 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 I~awaii County Police Department prior to the date and time fixed for
submission of proposals of an error in the REQUEST FOR PROPOSAL lrnown 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 convection.
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. Int~roretatiosa Of Provnsions.
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 13 above. An addendum
will be issued as indicated above. Any questions regarding the interpretation of ar~y provision after
proposals have been opened and/or a contract awarded will be subject to a ruling of the Iirector of
Finance, County of ;"Iawai`i, z=chose decision will be final. In addition, the parties heryto a~ee that the
Director shall have the sole power to decide and resolve matters which may arise in the f.~ture and
which are not covered in this proposal.
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VI. REQ~°I)EdE1VIEI~ITS ~4,leID 11BR®C'I~DjJRES:
In responding to the `°REQLTEST FOR PROPOSAL" the following shall be included as a minimum:
A. fihe qualifications of Proposer's fiflm 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 ob;eetives 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
f. Hours of operation
g. Time required, upon notification of intent to award by County, in order to be fully functional in
all districts of Hawai `i County.
C. A schedule of annual expenses related to the performance of animal control activities. The Proposer
should specflfically fldentflfy :any "startup" and nonrecurring costs, which shall l~r, for evaluation
purposes, spread over the t~ of the contract period. The actual amount to be compensated for
ani.rrflal 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 Co}ancil.
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 ir¢eprovements
and any "strategic plate" adopted by the Contractor's board of directors shall also be fur%aished to the
Police Department.
E. Si~nature/Letter of Transmittal:
Thw proposal shall be accompanied by a letter of transmittal which should include as a minimum the
Warne of the individual. dpsignatLd as the authorized representative of flee fimfl and a summary of key
points of the proposal. The l~:tter should be signed by an authorized individual. If the Proposer is a
coloration, the legal rarre should appear on the letter and the letter should be signed by an officer
or officers authorized by corpo;anon. 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 :n 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, tf-ped, and double
spaced. Paper should be plain white, 8-1/2" x 11"; the use of elaborate binders or presentation
media is discoura~cd.
2. Prop asc,~ 1
1'repaIior~ Cost: Cost for developing the proposal is entirely the responsibility of the
Proposer and shall not be charged to the County.
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3. Submission Address; The proposal along with any required submittals and transmittal letter
5ha11 be submitted NO LATER TFIAIY 4:30 P.IVI. FRIDAYS 1VIAY 31 2002 to
Director of Finance, County of Hawaii
25 Aupuni Street, Room 118, Hilo, Hawaii 96720
Proposals should be mailed or delivered in person to the above address, in either the envelope
provided witl~~in 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 !rill 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 propretary information or other information not appr~spriate for public
perusal which shall be sealed by the Proposer in a separate envelope marked `'PROPRIETARY
INFORMATION".
VI. INI~E10~lYITY
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.
VII. WI'T~RAR'AL OF P1rtOPOSAI.S:
A Proposer may withdraw his proposal by submitting a written request to the Director of Finance any
time prior to proposal deadline.
VIII. I~.E.;C'I`ION OF i'ROPOSALS
The Director of Finance reserves the right to accept or reject any or all proposals ~.~d to 3vaive any
defects in said REQUEST FOR PROPOSAL if deemed to be in the best interest of the County.
IX. CONTACT FOIL INFOI~MA~'ION
If the Proposer requires additional information from the County, arrangements shall be made through
Gary Maesato, Police Finance Section, Hawaii County Police Department, 349 Kapiolani Street,
Hilo, Hawaii 96720. Telephone: (808) 961-2274.
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.
MFR ~00~ ~ ~€~1I1N1Al. ~~N`I'l~~L ~~R~~~~ S~~CiFIC~~I~BI?f~ SAGE 9 ®l~
X. MET~IOD OF SELECTION'
The selection of the Proposer will be made by the Hawaii County Police Department based upon the
consideration of which proposers) is/are 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 ............................................................................................60%
Experience of organization and employees ................................20%
Resources currently available to provide services ......................20%
Offerors may submit proposals on an island-wide coverage basis or for East Havraii only or West
Hawaii only. East Hawaii (Area I) shall consist of Puna, South Hilo, North Hilo and Hamakua Police
Districts. West Hawaii (Area II) shall consist of South Kohala, North Kohala, Kona and Kau Police
Districts.
The County of Hawaii reserves the right to make an award based only upon proposals submitted, or
may require submittal of additional information and/or oral presentation.
The County of Hawaii 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 a4ler 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 :narked "PROPRIETARY", whether from a successful or rejected
proposal.
The Hawai` i 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. TEIfI;~iS OF T>tiE 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. CONTRACT SU1~3JECT TO REVISION OF CIIAPTEIa 4, IIAW~I`I COUNTY CODE
In addition to other provisions for .amendments to any contract entered into as a result of this request
for proposals, the terms and conditions and scope of responsibilities to be performed by the Contractor
may be altered, pursuant to negotiation between the Contractor and the County, a3 a result of any
amendments enacted by the Hawaii County Council to Chapter Hawai`i County Cwde.
&LFI~ ~~IIFeNNd~1. ~1~R~JI~1`~ SPE~II~I~A,TIC~~~ 10
SPACIAL I'R~VISIONS
1. PIaOPOSAL, ACCEPTANCEI~EJECTION: The County of Hawaii 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 consideration to price, quality of product and proven dependability and ability of each
proposer with respect to ability to serve the County.
2. I3U)EtA~'ION OF COl'AITPQACT: Pending County Council approval, the contract shall be effective for a
period 1?eginning with the drte of commencement of services to be provided and ceding five years later
(approximately dune 30, 2L~05). This contract period may be extended for two additional one year periods, at
the option of the County. Further, following either of the original five year or any single year extension
periods, the contract period may be extended for an additional period not to exceed 180 days to facilitate a
ne~v RFP process if necessary. Contractor shall cooperate fully with any new contractor at conclusion of
contract to facilitate a smooth transition.
3. DEVIATIONS: The Director of Finance reserves the right to waive and/or accept any minor deviations
from the specifications, if in his 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. P~OPO.SAL OPENING: All proposals received will be time-stamped and deposited in the locked bid box
of the t urchasing Division until the deadline for receipt of proposals. Proposals tabs; are mailed in must
arrive in the Purchasing Division before the deadline; proposals received after the hoer 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 CIEA~~le1CE: The successful proposer, including out-of--state proposer, must apply to the Hawaii
State Tex office and the Internal 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 f=,jmish 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 n.ot reouired but stronQl su ested, that ro users furnicl' tax clearances with
their nronosals.
6. PAYlEY ,1ENT: Payment will be made as soon as practical in the normal course of business upon proper
invoicing and satisfactory delivery of 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 AMID F(IILLTM SELECTION: Any protest regarding procurement law or procedure shall
strictly follow the procedure described in chapter 126, Hawaii Administrative Rules, Department of
Accoun*ing and General Services, Subtitle 11, Procurement Policy Board. All protests must be filed in
writing to Mr. William fiakaba, Chief Procurement Officer, County of Hawaii. It shall be the
responsibility of any protestor to review all public documents relating to this IFB or P~FP and his or any
other vendor's contract award within five (5) days of the date the information or action, which is the basis
of the protest, became available for public inspection and file all protests within that period Any protest
regarding the content of this solicitation must be properly filed prior to the date set for receipt of offers.
While the County may make efforts to notify all participants of awards, failure to receive such
notification shall not relieve any aggrieved bidder of their responsibility of reviewing public records on a
timely 1°asis and filing their protest ~~°ithin five (5) days of the date a "Notice of Award" is posted on the
bulletin board in the P~~rchasing Division lobby area, Room 118, 25 Aupuri Street, Hilo, Ha~yaii. Upon
notification of any award, it shall be the responsibility of any protester to review all public ~:ocuments
SYFP ~®®7 ~ ~S~BIi~l~I. C(3~'Tl~fl~ ~1r1~06Itr~~ ~~1`CI3~L 1~Rt~~/ISI~I~S ~A~~E ®F ~
relating to this I>~sB 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 Coins 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. ~l~lw1~T C~~'I`~ACTC~I~: The Contractor shall perform the contract ~s an independent
centraceor and shall iWdeWZ~ify arzd 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,
demand, suits, action and liability therefor, caused by error, omissions or negligence in the
performance of the cantaact by t€~c Contractor or his subcontractors, agents and/or employees, until
such ~~me as action againss 4he Contractor for death, injuries, losses and damages is barred by the
provisions of Chapter-657, HP.S, as amended, relating to limitations of actions.
9. LA,~VS:Al~1D 1€I~IJLAT`~~I~iS: The Contractor shall keep himself fully informed of all laws,
ordinances, codes, riles and regulations, governmental general and development plans, setback
li:nitatirsns, 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 Hawaii County Charter and Hawaii County Code, particularly
Chapter 4.
13. Chapter 103, HP.S, as amended, relating to expenditure of public money.
C. Chapter 103D, HRS, as amended, relating to procurement..
D. Chapter 321, HRS, as amended, relating to Health Department.
1~. Chapter 378, HRS, as amended, relating to fair employment practices.
1~~. Chapter 376, HRS, as amended, relating to industrial safety.
O. Chapter 386, HRS, as ~-Wended, relating to workmen's compensation.
II. All sections HRS, as mended. relating to crime and Police, particula°ly 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 and regulations,
includiz~r the giving of all notices necessary and incident to the proper and lawful prosecution of the
work, a
ad 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 av°riting to the Officer-in-Charge.
10. TI;~ ~lE~ It~li~.1~1,~ Q+l~` C~~'I'11~Af'3°: Time is of the essence. Performance of the
services under the coact s?~all lse commenced on the commencement date designated in the notice
to proceed and the services as rewired shall be completed within the number .o f calendar days
specified or during the term of the agreement.
tt~R ~~t3~ ~ ~~~1~~~ C~t~~~t3~ ~~~l~~S ~P~~I~l~ ~€tO~~I~'~~ €~~t~~ 2 S
11. DEL.~Y IN ~E)EtF(3~[:Al`1C1~ Off` COl`TT)E2A~ If any delay in the performance of the
service> 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 Cod, acts of
the public enemy, acts of Lhe 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, freigl-zt embargoes, unusually severe weather, or delays of subcontractors ~a suppliers
arising from unforeseeable causes beyond the control and without the fault or negligence of
Contractor shall be grated a-~ extension of the time for performance corresponding to hs delay. If
as a result of the delay corr~pletior~ of performance within the extended time would cause undue
hardship to the Con~-actor, the Director may, in her discretion, grant a furt:~er extension of the
tinge 1'or per f'ormance. No exttsion of time, however, shall be granted unless a vrrtten
application therefor crating in detail the cause or causes of delay is filed by the Contactor with
the Officer-irA-Charge within. ten (10) calendar days after commencement of the delay. The
number of days of each extension of time shall be determined by the Director upon the
recomb~:endation of ¢hs C3finer-in-Charge. No such extension shall be deemed a waiver of the
right off' the County to ;squire 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 righ° to terrninate the Contract for any other or additional delay not covered by <he specific
terms of such extension or extensions.
12. F~O~F~„IJ7I`~Olei Op' ')1'~ 0~: The Contractor shall be available upon reasonable demand to
discuss the progress of they services being performed under contract. All questions arising during the
performance of the comet which must be resolved by the Police Chief or Officer-in-Charge shall be
brought to their in~.mediate attention.
The Contractor shall direct his work to relate appropriately to, and in accordance with, established
practicer< for good animal control services as established by various national organizations,
goverP~rnental and quasi-govx~ental units.
The Cob
tractor shall furnish sufficient technical supervision and administrative personnel to insure
the proper perfoPgnance of thb 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
performance of the contract shall bs the property of the County.
The Officer-in-Charge shall have access, at all reasonable times, to all notes, designs, drawings,
traCingS or Other technical da~~ pePtaining 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 n otes, 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. AUTIE~O~~.i'I'Y O.F'T~ O~'F1iC1L;~-J[N-Cf~ARGF ~4.iVI? P®f..ICE CAF: Any question or
dispute ~.oncerr?ing any provision ~~f the contract which may arise during its performance shall be
decided by the Officer-in-Charge. Tne 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 faiti°~~ or is riot supported by substantial evidence, provided that decisions on
question, or disputes relating to acceptance of the services performed under the coa~teact, suspension
or termination of the contract, ext~:nsion 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
~Fp ~~i~7' ~ ~~IP~S~t9 C€~~~`~flt. ~~~t8~~~~ SI~EC;T~lts ~R~i~~i~~S P~~~ ~ ~
Police Chief, and provided further that nothing herein shall be construed as making final and binding
any decision of the Officer-in-Ch ergs and/or Police Chief on a question of la~~~. Pending final
decisioY~ of any disputd or question, the Contractor shall proceed diligently with performance of
services under tape contract in accordance with the decision of the Officer-in-Cha-ge and%or Police
Chief.
14. COQIB1Et~.TIQ ~i~ CC~~7~1TI': The County shall, without cost to the Contractor, through
the Officer
Win-Charge, cooperate fully with the Contractor and will promptly place at the dasposal of
the Contractor all 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 a~Yd takes no
responsifsility therefor and the Coa tractor shall rely an such information at his own risk.
15. 1VTf11' 1~Y 7l°l~ CQUN~Y: The County shall review all submittals and other work and data
required to be made by the Contractor and reject or approve such submittals in their entirety or
approve the wane subject to such deletions, additions and revisions as the County may deem
necessary and proper. In subrnit~~ls specified in the special provisions, all items n:;t required by the
County to be deleted, added cr 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.
Throughaut 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 implementation of the coact by the Police Chief or the Chief's representative, the County
Legislative Auditor's Office or Council's designated auditor.
16. ~;(~1~,~'dSAT'1~flN: The Contractor shall be paid the amount stated in the written agreement with
the amo1ant to be negotiated aa~nually and be subject to the availability and appropriation of funds by
the Cou aty Council.
17. ASSIQNINT QF 1QN1~X DLL PAX~,.$LE• Assignments of money due or to become
payable to the Contractor under tabs contract shall not be valid without the prior writecn consent of the
Police Chief. The rights of trYe assier to moneys due or to become dine to the Contractor shall be
subject to paragraph ~ 1 of Special Provisions.
18. ACC~P`~"Au~iCl ANA ~lfl~d~,.l(., PA$ENT: Final payment will be made only af~vp the issuance of
a notice of final appr~zval aaYd acceptance by the Police Chief advising the Contractor of the
satisfact€~ry fulfillment of the terrnF of the contract and receipt of a certificate from the Director of
Taxation, as provided in Section 103-53, 14IRS, relating to prerequisite for fin~~.l settlement of
contracts. Acceptance by the Contractor of the final payment shall constitute payment rn full for all
services performed under the contract.
19. IZIQi-1[T €31~ Tf~ C(~1'.11~'ll`X TQ Tla?E~INATE: 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 >nforrnation and
materials as may have been accuar~a~lated by the Contractor in the performance of hi services shall,
in the manner and to thr extent deterYnined by the Officer-in-Charge, become the property of and be
delivered to the County.
~rF N ~€~If~~ ~~~T~~te SP~~IA~ ~R~~~I~~~ i'41~~ ~ 5
20. TE1~~I~1,r~~ION ~laC A,L?~~F C®N'I'I~CT'4R'S DEFAULZ°• The County shall have the
right to enter into a new con~•act 3~
ath another contractor and pay a reasonable compensation for such
services as may be necessary to properly complete the services under the contract if' it teammates 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 rr~king sufficient progress to ensure the completion of the contract
within tine tune 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-corra..,annence 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. 1Vlakes an assignment for the benefit of creditors; or
J. Fails to pay for all labor, tools, materials and equipment; or
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 #:he compensation
under {he contract. should the coarapensation of such other contractor exceed such unexpended
amount, then the con~•actor shall reimburse the County for the difference as part of the damages
caused by Contaactor's default. After payment of the compensation of such other consultant, any
remaining unexpended amoaant of #lae 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. AUT15IO1P.I'~'Y ~'O ~I`FHOLI3 ~1[fl Y I3UE ®1Z 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 anay be necessary to protect the County against liability or to satisfy the
obligations of the Contractor to the County and to employees, subcontractors and raaterialmen who
have performed labor or fur€=fished material and equipment under the contract and array make such
payments from such amount as may be necessary to discharge such obligations and protect the
County.
~tF~ ~~€i3 ~ ~1~Z9?9~.L ~~R~~~ ~~~CIA~ ~~®'EdaI~Z~~ 5
22. I3,EIIIIES Io1~T E%CLUSIVE: 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 equfldable nght to protect its interests.
23. SERVICES 1"a1®T IN C~I~'Ia`LICT ~IT~I CIVIL, SERVICE LA~V• It is understood and agreed
that an;> services to be provided in accordance with the terms of this contract r~say 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. C(~10TS~'RUCTI®le1 ~E C(31®1TR~~CT: The masculine shall be deemed to embrace and include the
feminine and the singular shall be deemed to embrace and include the plural, whenever required in
the context of the contract.
25. 1bIAIm1A~EI) PROCESS REVIE~6': Any contract for goods, services, or construcrion entered into
after July 20, 1998, and prior to July 1, 2001, with an expiration date beyond June 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 I-Iawaii, 1998. Pursuant to tl°~e managed process review,
the contact may be canceled, renegotiated, continued, or extended by the County. 'T"ne contract shall
continue to be exempt from civil service laws for the duration of the contact even if a managed
process is not implemented.
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