HomeMy WebLinkAboutCOM 0550.002 2002-2004 SUBP'IITTED liX FILLY KF,NOI
n ~
REQUEST FOR PROPOSAL NO. 2099:
~
REQUEST FOR PROPOSAL
TO
ESTABLISH AND OPERATE AN ADOLESCENT
RESIDENTIAL TREATMENT PLAN FOR THE
~ ~ COUNTY OF HAWAII
HILO, HAWAII
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Pursuant to Chapter 103D, HRS, The County of Hawaii is requesting ~
bids/proposals for the following:
REOUESTFOR PROPOSAL NO 2099; ~
ESTABLISHAND OPE/?ATEANADOLESCENT
RESIDENTIAL TREATMENTPROGRAMFOR THE ~
COUNTYOFHAGYAII
SEALED PROPOSALS will be received on or before 4.:30 P.M.,
GYEDNESDAY, December 3, 2003 in the office of the Purchasing Division,
Department of Finance, County of Hawaii, 25 Aupuni Street, Hilo, 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. William P. Kenoi, Executive Assistant, Office of
Management, County of Hawaii, 25 Aupuni Street Street, Hilo, Hawaii 96720, no later
than November 14, 2003.
~ILLIA TAKABA
~ Director of Finance
ALL COUNTY OF HAWAII BIDS AND RFPS ARE NOW LISTED ON THE WEB AT
http://www2.hawaii.gov/bidapps/ AND http://co.hawaii.hi.us/purchasing/bids.htm.
State of Hawai i ~ Procurement Notice System (PNS)
Hawaii Tribune Hera/d
West Hawaii Today
Pub/ication Date; November3, 2003
Y o
N SPECIFICATIONS N
I. GENERAL
The County of Hawaii desires to obtain proposals to establish and maintain an Adolescent
Residential Treatment Program within the County of Hawaii. 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 "Genera/ Terms and Conditions far Goods and Secuices "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 bidders are responsible to be
familiar with these general terms and conditions, a copy of which is on file at the
Purchasing Division 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 bid
shall have precedence over either.
II. SCOPE OF SERVICE
A. INTRODUCTION
The County of Hawaii is seeking proposals from qualified individuals or firms to
establish and maintain an Adolescent Residential Treatment Program within the
County of Hawaii for resident youth ages 13-18. Proposals may include one or
more principle participants and programs, and/or may provide services at one or
multiple locations.
While individuals and/or organizations may propose any program of their own
design, the following encompasses tasks and responsibilities which the County
envisions as important to assure the success of the project:
~ 1. The offeror should provide a plan for construction and/or purchase of a
suitable site and residence for adolescent residential treatment on the
RFP #2C99 ~ ADOLESCENT RESIDENTIAL TREATMENT PROGRAM ~ SPECIFICATIONS ~ Page 1 !+f 12
Island of Hawaii. The site could be anywhere within the County of Hawaii,
but a rural setting which provides access to a "mauka-makai" component is
highly desirable. Atypical "time-line" might include the following:
Stage One -Nov. 2003 -March 2004: Outpatient substance abuse
treatment with an experiential and educational component to Big
Island Youth (Groups of no more than 12, for 3 to 6 month periods)
Stage Two -March 2004 -March 2005: An 8 bed residential facility
for boys with an experiential, cultural, and community based program
that also includes substance abuse treatment and an educational
component.
Stage Three -March 2005 through 2006: An 8 bed residential facility
for boys AND an 8 bed residential facility for girls with all of the
above.
2. The offeror should provide a plan to address the needs of no less than 24
youth for substance abuse addiction and treatment in a calendar.
` 3. The offeror should provide detailed information regarding the qualifications
and certifications of the program director and proposed staff.
4. The offeror should provide a plan establishing the targeted goals and
outcomes for treatment success for targeted youth on Hawaii Island -
specifically, that no less than 50% of youth entering program should
successfully complete program and that at least 75% of youth who
successfully complete program should refrain from at-risk behavior
including remaining alcohol and drug free.
5. The offeror should provide a detailed proposal accepting responsibility and
liability for any actions involving the treatment of adolescents in a
residential setting and shielding the County of Hawaii from any role,
responsibility, or liability in the management or functions of the program
other than as fiscal agent for monies that pass through the County of
Hawaii.
RFP X2099 N ADOLESCENT RESIDENTIAL TREATMENTPROGRAM ~ SPECIFICATIONS ~ Page 2 af12
6. The offeror should provide a detailed one and two year plan that includes
the necessary staffing for substance abuse treatment, educational
programs, and experiential and cultural training for targeted youth.
7. The offeror should provide a description of the treatment model for each
level of care proposed and how this is supported by empirical literature and
best practice guidelines that are allowed by the United States Substance
Abuse and Mental Health Services Administration (SAMHSA).
8. The offeror should provide specific mechanisms that will be instituted to
integrate provision of services with schools, all adolescent servicing
agencies, and other contracted providers that may be working with the
same child/family.
9. The offeror should have written protocols in place that detail how they will
manage emergencies and crises that may occur with youth.
10. The offeror should provide a plan for the effective disposition of assets
accumulated by the project at its conclusion and/or exhaustion of available
funding, preferably blending into an existing non-profit program benefiting
youth with substance abuse problems.
Funding for this project current consists of $300,000.00 from the State of Hawaii
and $900,000 from the Substance Abuse Mental Health Services Administration
(SAMHSA). An additional approximately $1,000,000.00 is anticipated from the
United States Department of Justice. Proposals should be based upon the
availability of only $1,200,000.00, with expansion options to be provided if
Department of Justice funds and/or other grants or monies from other sources
become available.
RFP ,#2099 ~ ADOLESCENT RESIDENTIAL TREATMENTPROGRAM N SPECIFICATIONS ~ Page af12
B. QUALIFICATIONS
The Contractor should be:
1. Licensed and certified by the State of Hawaii, Department of Health,
Alcohol and Drug Abuse Division;
2. Experienced in providing adolescent residential treatment for substance
abuse addiction and disorders;
3. Able to establish or demonstrate cooperation or collaboration with one or
more Hawaii Island adolescent treatment provider(s);
4. Able to demonstrate that the proposed adolescent residential treatment
program will incorporate appropriate experiential, cultural and community-
based components to address the needs of Hawaii Island youth;
5. Staffed by certified substance abuse counselors (CSAC) with experience in
providing services to Hawaii youth;
6. Able to comply with requirements of the United States Substance Abuse
~ and Mental Health Services Administration (SAMHSA) and the Center for
Substance Abuse Treatment (CSAT) with regards to appropriate best
practices for adolescent treatment;
7. Able to demonstrate that the proposed model used for adolescent
residential treatment has been successful in addressing the substance
abuse needs of adolescents;
8. Able to demonstrate that sustainability of program can be maintained
through contractual relationships with Federal, State, County and/or private
providers;
9. Have an accredited and established program that has been successful in
operating and maintaining adolescent residential treatment programs for a
period of at least three years;
10. Provide a program that will make a commitment to providing services to
Hawaii Island youth for substance abuse treatment and rehabilitation
beyond the designated period of funding established in this request for
proposals.
RFP #2099 ~ ADOLESCENT RESIDENTIAL TREATMENT PROGRAM ~ SPECIFICATIONS ~ Page 4 of 12
C. SERVICES OF THE COUNTY
The County of Hawaii will not provide any services other than providing such
funds as are available on apass-through basis from other public and/or private
agencies.
D. COMMENCEMENT AND COMPLETION DATES OF SERVICES
Work on this contract shall not commence until the contract is executed and
written notice to proceed is given by the County.
This contract shall be terminated upon the expending of maximum fees allocated,
unless terminated sooner for other cause as provided herein or extended by
specifically amending the Contract and allocating additional funds.
` E. FEES
1. The County agrees to pay the Contractor a fee for services rendered as set
forth in the proposal. This fee will be designated in the contract and shall
be limited to a total amount authorized to be expended
2. Proposers shall state within their proposals all terms and conditions of
billing and fees, including but not limited to:
(a) Fixed fees based on specific items and/or units of services to be
completed.
(b) Reimbursable expenses such as automotive, overhead, and cost of
supplies, etc., if any.
RFP #2099 ~ ADOLESCENT RESIDENTIAL TREATMENTPROGRAM ~ SPECIFICATIONS ~ Page S of 12
F. INSURANCE AND INDEMNIFICATION
Successful proposer will be required to provide general and professional liability
insurance with a minimum of $1,000,000 coverage, naming the County of Hawaii
an additional insured, as well as maintaining automotive and workers
compensation as required by statute.
G. SELECTION PROCESS
Proposers should provide an original and three identical copies of their proposals
on or before the closing date. The use of luxurious binders and voluminous "fill"
material such as advertising brochures and readily available published information
of a general nature is discouraged.
Depending upon the number and relative merits of the proposals, an individual or
firm may be selected based upon the written proposals only or the County may
select the top two or three to provide oral presentation to the Office of
Management. Proposers would be expected to provide a presentation lasting no
more than two hours at their own expense, to be conducted at a site determined
by the Office of Management. Proposers may bring any staff deemed appropriate.
RFP #2099 ~ ADOLESCENT RESIDENTIAL TREATMENTPROGRAM N SPECIFICATIONS ~ Paoe 6 of 11
H. EVALUATION
The following criteria and weights will be used to evaluate proposals and award a
contract:
1. Experience of program providing adolescent residential 25%
treatment and demonstration of prior success.
2. Previous accreditation of program by DOH, ADAD 25%
3. Ability of program to deliver an experiential, culturally 25%
appropriate and community based model
4. Demonstration of partnerships and collaboration 10%
5. References 10%
6. Cost 5%
~ II. INSTRUCTION TO PROPOSERS
A. TIME SCHEDULE
The following are major events leading up to the selection of the Proposer:
1. November 3, 2003: Date of Advertisement in the Hawaii Tribune Herald
and West Hawaii Today.
2. November 14, 2003: Submit written questions or request for clarification.
If any required, all answers will be provided to all interested parties in the
form of an addendum to these specifications by November 21, 2003.
3. December 3, 2003: Deadline for receipt of proposals.
4. Award will be made, if acceptable response received, as soon as possible.
RFP #2099 ~ ADOLESCENT RESIDENTIAL TREATMENT PROG/ZAM ~ SPECIFICATIONS ~ Page 7 of12
B. AMBIGUITY, CONFLICT, DISCREPANCIES, OMISSIONS, OR OTHER ERRORS I~
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 writinoon or
before November 14, 2003:
Mr. William P. Kenoi, Executive Assistant
Office of Management, County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Modifications or clarifications (if any are needed) will be made by issuing an
addendum by November 21, 2003, 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 County 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, or may issue addenda after negotiations have begun with 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 deadline for receipt of proposals.
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 inquiring in writinQas
in Section B above.
RFP ,t`2099 ti ADOLESCENTRESIOENTIAL TREATMENTPROGRAM ~ SPECIFd'CATIONS ti Page 8 af11
An addendum will be issued as indicated above. Any question regarding the
interpretation of any provision after proposals have been opened and/or a
contract awarded will be subject to a ruling of the Director of Finance, 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.
IV. REQUIREMENTS AND PROCEDURES
In responding to the "REQUEST FOR PROPOSAL" the following shall be included as a
minimum:
A. The qualifications of proposers firm to undertake the scope of work specified
herein. Included in the qualifications shall be resumes of all professional
personnel.
B. Listing of clients for whom similar services have been provided. Proposers should
include at least three (3) references in the State of Hawaii and each should
include the name, address and telephone number of client and the name of
principal contact person.
C. A schedule of all fees for services as may be applicable, and any other costs, such
as travel expenses, hourly fees for other services and/or expenses and the like.
Costs, if different, should be provided for the entire projected contract period and
for such extensions as deemed likely.
D. 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
RFP #2099 ~ ADOLESCENT RESIDENTIAL TRE.4TMENTPROGRAM SPECIFIC,4TICNS ~ Page 9 of f2
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.
E. Submission of Proposal: The proposal shall be submitted as follows:
1. Number of copies: One (1) original and three (3) copies of the proposal,
typed, and double-spaced. Paper should be plain white, 8-1/2" x 11"; the
use of elaborated binders or presentation media is discouraged.
2. Proposal Preparation Cost: Cost for developing the proposals is 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 THAN 4.30 P,M.
ItiEDNESDAY, DECEMBER 3. 2003, 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 with 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 ~~~ill be returned unopened to the sender. The proposer shall be
RFP ,x`2099 ~ ADOLESCENTRESIDENTIAL TREATMENT PROGRAM ti SPECIFICATIO/L'S ~ Page X6 of
solely responsible for the timely arrival of its proposal. Proposa/s wil/ not be
pub/i%~oPened, nor wilf the names of indi~idua/s or firms who have submitted
proposals be made public until such time as an award is made or a//Proposa/s
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 "PROPRIErARYINFORM,4770N:'
V. INDEMNITY
The proposer shalt 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 ail claims for losses, injuries, damages, and liabilities to persons
or property occasioned wholly or in part by acts of omissions of the Proposer, its agents,
officers, employees, or any persons under the control of the Proposer.
i` VI. WITHDRAWAL OF PROPOSALS
A Proposer may withdraw his proposal by submitting a written request to the Director of
Finance any time prior to proposal deadline.
VII. REJECTION OF PROPOSALS
The Director of Finance 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.
VIII. CONTACT FOR INFORMATION
If the Proposer requires additional information from the County, arrangements shall be
made through Mr. William P. Kenoi, Executive Assistant, Office of Management, County
of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720. Telephone Number: (808) 961-8211,
However, a// proposers are cautioned that no uerba/ information may be considered in
RFP #2099 ~ ADOLESCENT RESIDENTIAL TREATMENTPROGRAM ~ SPECIFICATIONS ~ Page 11 of12
providin4 a proposal. Only written addenda will be considered as a valid alteration to
this Request for Proposal.
IX. METHOD OF SELECTION:
The selection of the Proposer will be made by an evaluation committee selected by the
Office of Management and 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 are listed above in paragraph "H' in the Scope of
Services section.
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 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 County of Hawaii Office of Management 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.
X. TERMS OF 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.
RFP #2099 N ADOLESCENT RESIDENTIAL TREATMENT PROGRAM ~ SPECIFICATIONS ~ Page 1Z of IZ
N SPECIAL PROVISIONS N
1. PROPOSAL ACCEPTANCEIRE]ECTION: The County 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. DURATION OF CONTRACT: Contract shall be effective for a period to be determined
by the proposal and may be extended by mutual agreement of the Contractor and
County depending upon future availability of funds.
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. PROPOSAL OPENING: All proposals received will be time-stamped and deposited in
the locked bid box of the Purchasing Division until the deadline for receipt. Proposals
that are mailed in must arrive in the Purchasing Division before the time of opening;
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. Proposa/s
wi// not be pub/ic/y opened ar~d wi//become pub/ic information on/y upon comp/etioa of
cor~tract~s~ orrejection ofa//proposa/s
5. TAX CLEARANCE: The successful proposer, including out-of-state proposers, must
apply to the Hawaii State Tax Office and the Internal Revenue Service in conformance
with HRS, 103-53, for a tax clearance prior to a Contract being issued; this Contract
being of the nature of a price agreement, no further tax clearance will be required. 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 re-
open negotiations with other acceptable proposers. It is not required, but strong/v
suggested, thatnrovosers furnish tax c%arances with their proposals
6. PAYMENT: Payment will be made as soon as practical in the normal course of business
upon proper invoicing and satisfactory delivery of services. Invoices should be mailed or
delivered to the County of Hawaii, Office of Management, 25 Aupuni Street, Hilo, Hawaii
96720.
7. PROTESTS AND FORUM SELECTION: Any protest regarding procurement law or
procedure shall strictly follow the procedure described in Chapter 126, Hawaii
Administrative Rules, Department of Accounting and General Services, Subtitle il,
Procurement Policy Board. All protests must be filed in writing to Mr. William Takaba,
Chief Procurement Officer, County of Hawaii. It shall be the responsibility of any
fIFP #1099 ~ AOOLESCENTRESIOENTIAL TREATMENTPROGRAM ~ SPECIAL PROVISIONS. ~ Paoe 1 vf9
protestor to review all public documents relating to this IFB or RFP 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 atl 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 basis and
filing their protest within five (5) days of the date a "Notice of Award" is posted on the
bulletin board in the Purchasing Division lobby area, Room 118, 25 Aupuni Street, Hilo,
Hawaii. (See paragraph 29 regarding debriefings).
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. INDEPENDENT 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 alf 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
i 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 REGULATIONS: 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 Hawaii County Charter and Hawaii County Code.
B. Chapters 103 and 103D, HRS, as amended, relating to expenditure of public
money and procurement.
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 worker's compensation.
H. All sections of HP,S, as amended, relating to drugs, crime and police.
RFP #2099 ~ ADOLESCENTRESIDENTIAL TREATMENTPROGR4M ~ SPECIAL PROVISIONS, ~ Paye 2 of9
The Contractor shall comply with all such present laws, ordinances, codes, rules and
regulations, including the giving of all notices necessary and incident to proper and lawful
prosecution of work, and all changes thereto. If any discrepancy or inconsistency is
discovered between the contract and any such law, ordinance, code, rule, regulation, or
other standard, the Contractor shall forthwith report the same in writing to the Officer-in-
Charge.
10. TIME OF PERFORMANCE OF CONTRACT: Time is of the essence. Performance of
the services under the Contract shalt 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.
11. DELAY IN PERFORMANCE 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 of subcontractors or suppliers arising from unforeseeable causes beyond the
control and without the fault or negligence of Contractor shall be grated an extension of
i 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 Director may, in her 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 Officer-in-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 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 THE WORK: The Contractor shall be available upon reasonable
demand to discuss the progress of the services being performed under the Contract. All
questions arising during the performance of the Contract which must be resolved by the
Director 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 principles and practices established within the medical profession.
RFP #2099 ~ ADOLESCENT RESIDENTIAL TREATMENTPROGRAM ~ SPECIAL PROIiISIONS. ~ Page 3 of9
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 work.
All reports produced in the performance of the Contract shall be the property of the
County, including reproduction rights.
The Officer-in-Charge shall have access, at all reasonable times, to all notes 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 such notes 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. AUTHORITY OF THE OFFICER-IN-CHARGE AND DIRECTOR: Any question or
dispute concerning any provision of the Contract that 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 Director, and provided further than nothing herein shall be construed as
making final and binding any decision of the Officer-in-Charge and/or Director on a
question of law. Pending final decision of any dispute or question, the Contractor shall
proceed diligently with the performance of services under the Contract in accordance
with the decision of the Officer-in-Charge and/or Director.
14. COOPERATION BY THE 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 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 and takes no responsibility therefor and the
Contractor shall rely on such information at his own risk.
15. REVIEW BY THE COUNTY: 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 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
RFP #2099 ~ ADOLESCENT RESIDENTIAL TREATMENTPROGRAM SPECIAL PROliISIONS. ~ Page 4 oF9
part of the Contractor, his subcontractor, agents or employees shall be deemed to have
been approved.
16. COMPENSATION: The Contractor shall be paid the amount stated in the written
agreement or the amount determined in accordance with the special provisions,
whichever is lower, less any reduction in compensation and plus any increase in
compensation pursuant to paragraph 19 of the Special Provisions, as full compensation
for the performance of the services under the Contract.
17. ABANDONMENT OF THE PRO]ECT• DEATH OR DISABILITY OF CONTRACTOR:
In the event the County terminates the Contract because it wishes to abandon, defer,
restudy or revise the project, or in the event the Contractor, in the case of an individual,
dies or becomes physically or mentally disabled, the Contractor or his estate shall be
compensated in the same proportion of the compensation under the Contract as the
services performed bear to the services to be performed under the Contract.
18. PROGRESS PAYMENT: The Contractor's compensation shall be paid in periodic
progress payments only if specifically called for by a separate schedule in the Contract or
Agreement. In the event there is no specific schedule, payment shall be in the normal
course of business following the proper completion of all work, terms and conditions of
the Contract.
~ 9. REDUCTION OR INCREASE IN COMPENSATION: The compensation of the
Contractor shall be reduced whenever modification of the Contract pursuant to paragraph
20 of Special Provisions reduces the services to be performed by the Contractor.
The compensation of the Contractor shall be increased to reimburse him for increased
costs to perform the services under Contract if performance of the services is delayed for
more than six (6) months by an act or omission of the County. No such reimbursement,
however, shall be made unless he files a written application thereof with the Officer-in-
Charge within thirty (30) calendar days after termination of the delay. In addition, the
compensation of the Contractor shall be increased whenever modification of the Contract
pursuant to paragraph 21 of Special Provisions requires the Contractor to perform
services not required under the original contract. For each such modification and each
modification reducing the services to be performed by the Contractor, the compensation
of the Contractor shall be increased or reduced in accordance with the supplemental
agreement or if no supplemental agreement has been entered into, by an amount equal
to the sum total of the following:
(a) Wages of employees actually engaged in the services required by
the modification and the salary cost of principals when actually
engaged in such services in the case of an increase in
~ compensation or the wages of employees and the salary cost of
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principals who would have been so engaged in the case of a
reduction in compensation;
(b) One hundred fifty percent (150%) of (a) for all other overhead,
including bonus allowances, cost of supplies used, cost of
transportation within the County of Hawaii required for the project
and profit; and
(c) Other direct costs, including the cost of transportation to and from
destinations outside of the County of Hawaii and long distance
telephone calls andjor data transmission costs; and
(d) The State of Hawaii General Excise Tax payable by the Contractor
on (a), (b), and (c).
20. MODIFICATIONS OF CONTRACT DESIGNS PLANS AND STUDIES: The County
may at any time make such modifications in the Contract, and the operational methods
prepared by the Contractor as it deems necessary and advisable. Such modifications
shall be made by a supplemental agreement in writing or by written order of the Director;
provided that modifications by such a written order shall be limited to modifications in the
scope of services; and provided further that modifications involving no reduction or
~ increase in compensation of the Contractor may be made by written order of the Officer-
- in-Charge.
Upon receipt of a written order, the Contractor shall proceed with the modiFcation as
ordered. If the Contractor does not agree with any of the terms or conditions of or with
the amount of the reduction or increase in compensation provided for in the order, he
shall file with the Officer-in-Charge a written protest setting forth his reasons in detail
within fen ~IOJ ca/enda~daysafter receipt of the order. The protest shall be disposed of
pursuant to the provisions of paragraph 14, AUTHORITY OF THE OFFICER-IN-CHARGE
AND DIRECTOR. Failure to file such protest within the time specified shall constitute
agreement on the part of the Contractor with the terms, conditions and amount in the
order.
In the event the Contractor for reasons related to safety does not agree with and refuses
to proceed with the modifications in the designs and plans required by the County in the
written order, the Director may allow the Contractor to withdraw from the Contract
without breach, provided the Contractor files with the Director a written protest setting
forth his reasons in detail within ten (IOJ ca/endar days after receipt of the order. If
withdrawal is allowed, the Contractor shall be compensated in the same proportion of the
compensation services to be performed under the Contract.
1. ASSIGNMENT OF MONEY DUE OR PAYABLE: Assignments of money due or to
become payable to the Contractor under the Contract shall not be valid without the prior
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written consent of the Director. The rights of the assignee to moneys due or to becorr
due to the Contractor shall be subject to paragraph 25 of Special Provisions.
22. ACCEPTANCE AND FINAL PAYMENT: Final payment will be made only after th
issuance of a notice of final approval and acceptance by the Director advising the
Contractor of the satisfactory fulfillment of the terms of the Contract. Acceptance by the
Contractor of the final payment shall constitute payment in full for all services performer
under the Contract.
23. RIGHT OF THE COUNTY TO TERMINATE: 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. If the
termination is for reasons other than default of the Contractor as provided in paragraph
24, the Contractor shall be compensated in accordance with paragraph 19.
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. TERMINATION BECAUSE OF CONTRACTOR'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
1 E. Discontinues performance of the Contract; or
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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
K. Has abandoned the Contract; or
t_. 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.
l
- ~ 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. After 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 metal or physical disability.
25. AUTHORITY TO WITHHOLD MONEY DUE OR PAYABLE: The County may withhold
such amounts from the money due or to become payable under the Contract to the
Contractor, or any assignee under paragraph 21, 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 material men 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.
26. REMEDIES NOT EXCLUSIVE: The express provision herein of certain measures which
may be exercised by the County for its protection shall not be construed to preclude the
County from exercising any other or further legal or equitable right to protect its
interests.
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27. CONSTRUCTION OF CONTRACT: 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.
28. ACT 52: Act 52, SLH 2003, amended §103D-310, HRS, by adding subsection (c)
which, in part, follows:
"(c) All offerors, upon award of contract, shall comply with all laws governing
entities doing business in the State, including chapters 237, 383, 386, 392,
and 393, and shall:
(1) Be incorporated or organized under the laws of the State; or
(2) Be registered to do business in the State as a separate branch or
division that is capable of fully performing under the contract."
At the release of this solicitation, implementation of the law is pending guidance from the
Departments of Labor and Industrial Relations and Commerce and Consumer Affairs.
Should guidance be received and implemented prior to award of this contract, the
prospective awardee will be required to comply.
Additionally, Act 52 provides fora "debriefing" which will be provided to any unsuccessful
i offeror if requested in writing within three working days of the posting of the award of
` the contract. The debriefing will be held as promptly as possible and the period for filing
a protest per paragraph 7 of these special provisions will be extended to five days
following the completion of the debriefing.
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