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HomeMy WebLinkAboutCOM 0589.003 2006-2008 Pete Hoffmann ~r o. N Phone No. Hilo: (808) 961-8027 Council Chair r~~C ' ~'i Phone No. Waimea: (808) 887-2043 District 9 -North and South Kohala Fax No.: (808) 887-2072 E-Mail: poffmann@co.hawaii.hi.us ~i• "•'i~ O~•N'+ HAWAII COUNTY COUNCIL County of Hawai `i Hawaii County Building Halomua Center 25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5 Hilo, Hawaii 96720 Waimea, Hawaii 96743 c- October 29, 2007 - TO: Council Members Hawaii County Council FROM: Pete Hoffmann, Council Chair and Council Member, District 9 SUBJECT: Legislative Liaison Task Force Please add to the Council's November 7 agenda a report of the Legislative Liaison Task Force requesting approval of the attached RFP. Comm. No. • '3 Ref. To: U Ref. Dare OCT 2~- Serving the Interests of the People of Our Island Hawaii County Is An Equal Opportunity Provider And Employer REQUEST FOR PROPOSAL NO. 2364 REQUEST FOR PROPOSAL FOR LEGISLATIVE ADVISOR AND ADVOCATE, FOR THE HAWAII COUNTY COUNCIL HILO, HAWAII Hawaii Counfy is an Equal Opportunity Provider and Employer NOTICE TO OFFERORS (Chapter 103D, HRS) SEALED PROPOSALS will be received on or before 4:30 P,M,, FRIDAY, DECEMBER 7, 2007, in the office of the Purchasing Division, Department of Finance, County of Hawaii, SS1 Ululani Street, Hilo, Hawaii 96720, for the following: REQUEST FOR PROPOSAL N0,2364; LEGISLATIVEADVISORRND ADVOCATE FOR THE HA WAIT COUNTY COUNCIL 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 Casey Jarman, County Clerk, Ben Franklin Building, 333 Klauea Avenue, Hilo, Hawaii 96720, no later than November 30, 2007. WILLIAM TAKABA Director of Finance Hawaii Tribune Herald State of Hawaii N Procurement Notice System Publication Date: Hawaii County is an Equal Opportunity Provider and Employer N SPECIFICATIONS I. GENERAL The County of Hawaii desires to obtain proposals for a Legislative Advisor and Advocate. 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 for Goods and Services "including exhibits of appropriate contract and bond documents, dated July 1, 1994, shall be a part of any contract entered into as a result of this proposal. All 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. Each year the Hawaii State Legislature convenes its regular sessions on the Island of Oahu. Being a state legislature, the Hawaii State Legislature discusses and debates matters directly and indirectly affecting the people of the County of Hawaii and the government of the County of Hawaii. Being on a separate island often puts the County of Hawai'i's people and government at a disadvantage in terms of daily presence during the legislative sessions. The County Council of the County of Hawaii, hereinafter County Council, therefore desires to award a contract in an amount up to FIFTY THOUSAND DOLLARS to engage a Legislative Advisor and Advocate to coordinate RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECIFICATIONS ~ Page 1 of 9 AND ADVOCATE (COUNTY COUNCIL) representation for the County of Hawaii and to advocate on behalf of the County of Hawaii. The contract period is from December 15, 2007 to May 5, 2008. B. SERVICES TO BE PROVIDED. 1. The Legislative Advisor and Advocate, hereinafter referred to as "Advisor," shall be provided supervisory and administrative support from the County Council. 2. The County Council will provide fiscal management and oversight to the Advisor. 3. The Advisor will report to the County Council in a manner and frequency to be determined by the County Council. 4. The salary of the Advisor will be in an amount up to FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), which shall include expenses and travel. 5. The Advisor's primary responsibilities shall include: a. Identification and reporting of legislative measures that may affect the County of Hawaii or identified as measures of interest to the County Council and the Office of the Mayor. b. Identification and reporting of actions within the Legislature that may affect the County of Hawaii or topics of interest identified by the County Council and the Office of the Mayor. c. Serve as a liaison and advocate between legislators, legislative staff, unions, officials from other counties and community officials or members. d. Advise on and draft legislation, amendments to legislation, and testimony. e. Submit log of activities and actions to the Office of the County Clerk on a schedule to be determined. RFP #2364 ~ LEGISLATIVEADVISOR SPECIFICATIONS Page 1 of9 AND ADVOCATE (COUNTY COUNCIL) f. Other related duties as determined by the County Council to be in the best interest of the County. 6. The performance of the Advisor shall be subject to periodic review as deemed necessary. C. _QUALIFICATIONS. 1. The Advisor must have sufficient knowledge of the legislative process and officials. 2. The Advisor must have sufficient reputation and respect within the community to be an effective advocate. 3. The Advisor must possess sufficient knowledge of Hawaii County and State governmental processes and officials. D. EVALUATION CRITERIA. WEIGHT 1. Existing knowledge of legislative and governmental processes and officials on State and County levels. 50% 2. Status of reputation and respect as in advocate with the Legislature. 20% 3. Ability to coordinate with and report to County officials in a responsive manner. 10% 4. Prior work experience as an advocate for the County of Hawaii. 5% 5. Ability to perform necessary services immediately upon request. 10% 6. Cost of services. 5% III. INSTRUCTION TO PROPOSERS A. TIME SCHEDULE. The following consists of major events leading up to selection of the Advisor: RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECIFICATIONS ~ Page 3 of 9 AND ADVOCATE (COUNTYCOUNCILJ 1. November 2007: Date of Publication in the State of Hawaii Procurement Notice System and Hawaii Tribune Herald newspaper. 2. November 2007: Submit written questions or request for clarification. All answers (if any are necessary) will be provided to all interested parties in the form of an addendum to these specifications by November 2007. 3. December , 2007, 4:30 p.m.: Deadline for receipt of proposals. 4. Evaluation of proposals and negotiations, if necessary, are expected to take no more than one week; successful proposer must be prepared to begin services immediately. B. AMBIGUITY CONFLICT DISCREPANCIES OMISSIONS,_OR OTHER ERRORS IN THE REOUEST FOR PROPOSAL. Any interested party who discovers any ambiguity, conflict, discrepancy, omission or other error in the REQUEST FOR PROPOSAL shall notify the following in writing on or before November , 2007: Ms. Casey Jarman County Clerk Ben Franklin Building 333 Klauea Avenue Hilo, Hawaii 96720 Modifications or clarifications (if any are needed) will be made by issuing an addendum by November , 2007, 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 RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECIFICATIONS ~ Page 4 of 9 AND ADVOCATE (COUNTYCOUNCILJ 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 opening date and time. C. INTERPRETATION OF PROVISIONS. Notwithstanding any other provisions, if there is any doubt as to the interpretation of any of the provisions herein, the proposer shall submit an inquiry in writin4 as in Section B above. 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 County Clerk, County of Hawaii, whose decision will be final. In addition, the parties hereto agree that the County Clerk 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. O_UALIFICATIONS REFERENCES AND OTHER CONSIDERATIONS. 1. The name of the firm or person, the principal place of business, and location of all of its offices. 2. The education, training, and qualifications of members of the firm and/or individual. 3. The names of clients who may be contacted, including those for whom services were rendered during the preceding year. RFP #2364 ti LEGISLATIVE ADVISOR ~ SPECIFICATIONS ~ Page 5 of 9 AND ADVOCATE (COUNTY COUNCIL) 4. Any promotional or descriptive literature which the individual or firm desires to submit. B, BUDGETARY INFORMATION. Budgetary information regarding the proposed activities. C. SIGNATURE/LETTER OF TRANSMITTAL. The proposal should 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. An authorized individual should sign the letter. If the proposer is a corporation, the legal name should appear on the letter and an officer or officers authorized by the corporation should sign the letter. If the proposer is a partnership, the true name of the firm is required on the letter, and the letter should be signed by a partner or partners authorized to sign such documents. If an agent is used, a power of attorney or equivalent must accompany the proposal. The name and title of the individual signing must be typed below the signature. A company signature is not acceptable. D. SUBMISSION OF PROPOSAL. The proposal should be submitted as follows: 1. Number of comes. 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 elaborate 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. FRIDAY DECEMBER 7 2007 to: RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECIFICATIONS ~ Page 6 of 9 AND ADVOCATE (COUNTY COUNCIL) Purchasing Division Department of Finance County of Hawaii 891 Ululani Street Hilo, Hawaii 9672Q 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 will be returned unopened to the sender. The proposer shall be solely responsible for the timely arrival of its proposal. Proaosa/s wi// not be pub/ic/v opened, nor wi// the names of individuals or firms who have submitted proposals be made public until such time as an award is made or all proposals rejected. After award, all proposals shall be public information, except proposal sections containing proprietary information or other information not appropriate for public perusal, which shall be sealed by the proposer in a separate envelope marked "PROPRIETARYINFORMATION. " V. INDEMNITY The proposer shall conduct its activities as not to endanger any person; and shall indemnify, save and hold harmless the County and all of its officers, agents, and employees from any and all claims for losses, injuries, damages, and liabilities to persons or property occasioned wholly or in part by acts or omissions of the proposer, its agents, officers, employees, or any persons under the control of the proposer. RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECiFICATiONS ti Page 7 of 9 AND ADVOCATE (COUNTY COUNCIL) VI. WITHDRAWAL OF PROPOSALS A proposer may withdraw his proposal by submitting a written request to the Director of Finance any time prior to the proposal deadline. VII. RE]ECTION 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. jONTACT FOR INFORMATION If the proposer requires additional information from the County, arrangements shall be made through County Clerk Casey Jarman, telephone number (808)961-8255. However all Aro~osers are cautioned that no verbal information may be considered in providinq_a~roposa/ Only written addenda in response to written questions or comments will be considered as alteration to this REQUEST FOR PROPOSAL. IX. METHOD OF SELECTION The selection will be made by the County Clerk at the direction of the County Council, based upon the consideration of which proposer is the most qualified to perform the services required by this REQUEST FOR PROPOSAL, after reviewing the evaluation criteria listed on page 3. X. AWARD It is anticipated that only one firm or individual will be selected to provide the needed services. 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. RFP #2364 ~ LEGISLATIVEADVISOR ~ SPECIFICATIONS ~ Page 8 of 9 AND ADVOCATE (COUNTY COUNCIL) 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 Hawaii County Council shall be the sole judge in the selection of the proposer whose proposal will best accomplish the needs of the County and in accordance with the availability of funds. XI. 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 parry. RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECIFICATIONS ~ Page 9 of 9 AND ADVOCATE (COUNTY COUNCIL) N SPECIAL PROVISIONS 1, PROPOSAL ACCEPTANCE/REJECTION: 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: The contract shall be effective for the period indicated in the specifications. 3. DEVIATIONS: The County Clerk 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 RECEIPT: 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 deadline; proposals received after that date 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 and will become public information only upon completion of contract(s) or rejection of all proposals. 5. TAX CLEARANCE: The successful proposer, including out-of-state 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 in 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 reopen negotiations with other acceptable proposers. It /s not required but stronu/v suggested that Drovosers furnish tax c%arances with their vroposa/s, 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 to the County of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720, or personally delivered to the County Council, Ben Franklin Building, 333 Klauea Avenue, 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 li, RFP #2364 ~ LEGISLATIVEADVISOR SPECIAL PROVISIONS ~ Page 1 of 13 AND ADVOCATE (COUNTY COUNCIL) 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 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 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 bidders 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, 891 Ululani Street, Hilo, Hawaii. A non-selected offeror may request a debriefing to review the County's basis of award by filing a written request for debriefing to Mr. William Takaba, Chief Procurement Officer, County of Hawaii, within three (3) working days of the posting of the notice of award. A debriefing will be scheduled as expeditiously as possible and the non-selected offeror shall have an additional period of five (5) working days following the debriefing in which to file a protest as outlined above. 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 Advisor shall perform the contract as an independent contractor and shall indemnify and save the County and its officers and employees harmless from any and all deaths, injuries, losses and damages to persons or property, and any and all claims, demands, suits, action and liability therefor, caused by error, omissions or negligence in the performance of the contract by the Advisor or his subcontractors, agents and/or employees, until such time as action against the Advisor 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 Advisor shall keep himself fully informed of all laws, ordinances, codes, rules and regulations, governmental general and development plans, setback limitations, rights-of-way, and all changes thereto, which in any manner affect the contract and the performance thereof, including but not limited to: A. All sections of the Hawaii County Charter and the Hawaii County Code. B. Chapters 103 and 103D, HRS, as amended, relating to expenditure of public money and procurement. RFP #2364 ti LEGISLATIVE ADVISOR ~ SPECIAL PROVISIONS ~ Page 2 of 13 AND ADVOCATE (COUNTY COUNCIL) C. Chapter 104, HRS, as amended, relating to wages and hours of employees on public works. D. Chapter 321, HRS, as amended, relating to the Health Department. E. Chapter 376, HRS, as amended, relating to industrial safety. F. Chapter 378, HRS, as amended, relating to fair employment practices. G. Chapter 386, HRS, as amended, relating to workers' compensation. The Advisor 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 Advisor shall forthwith report the same in writing to the County Clerk. 10. TIME OF PERFORMANCE OF CONTRACT: Time is of the essence. Performance of the services under the contract shall be commenced on the commencement date designated in the Notice to Proceed and the services as required shall be completed within the number of calendar days specified. il. 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 Advisor, 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 the Advisor, the Advisor shall be granted an extension of the time for performance corresponding to the delay. If as a result of the delay, completion of performance within the extended time would cause undue hardship to the Advisor, the Director of Finance may, in his discretion, grant a further extension of the time for performance. No extension of time shall be granted unless a written application stating in detail the cause or causes of delay is filed by the Advisor with the County Clerk 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 of Finance upon the recommendation of the County Clerk. 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. RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECIAL PROVISIONS ~ Page 3 of 13 AND ADVOCATE (COUNTY COUNCIL) 12. PROSECUTION OF THE WORK: The Advisor 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 of Finance or the County Clerk shall be brought to their immediate attention. The Advisor 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 the work. All reports produced in the performance of the contract shalt be the property of the County, including reproduction rights. The County Clerk shall have access, at ali 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 COUNTY CLERK AND DIRECTOR OF FINANCE: Any question or dispute concerning any provision of the contract that may arise during its performance shall be decided by the County Clerk. The decisions of the County Clerk 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 Advisor and payment shall become final and binding upon all parties only upon approval of the Director of Finance, and provided further than nothing herein shall be construed as making final and binding any decision of the County Clerk and/or Director of Finance on a question of law. Pending final decision of any dispute or question, the Advisor shall proceed diligently with the performance of services under the contract in accordance with the decision of the County Clerk and/or Director of Finance. 14. COOPERATION BY THE COUNTY: The County shall, without cost to the Advisor, through the County Clerk, cooperate fully with the Advisor and will promptly place at the disposal of the Advisor 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 Advisor shall rely on such information at his own risk. RFP #2364 ~ LEGISLATIVEADVISOR N SPECIAL PROVISIONS ~ Page 4 of 13 AND ADVOCATE (COUNTY COUNCIL) 15. REVIEW BY THE COUNTY: The County shall review all submittals and other work and data required to be made by the Advisor 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 of error, omission or negligence on the part of the Advisor, his subcontractor, agents or employees shall be deemed to have been approved. 16. COMPENSATION: The Advisor 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 PROJECT• DEATH OR DISABILITY OF ADVISOR: In the event the County terminates the contract because it wishes to abandon, defer, restudy or revise the project, or in the event the Advisor, in the case of an individual, dies or becomes physically or mentally disabled, the Advisor 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 Advisor'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. 19. REDUCTION OR INCREASE IN COMPENSATION: The compensation of the Advisor shall be reduced whenever modification of the contract pursuant to paragraph 20 of the Special Provisions reduces the services to be performed by the Advisor. The compensation of the Advisor 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 County Clerk within thirty (30} calendar days after termination of the delay. In addition, the compensation of the Advisor shall be increased whenever modification of the contract pursuant to paragraph 20 of the Special Provisions requires the Advisor to perform services not required under the original contract. For each such modification and each modification reducing the services to be performed by the Advisor, the compensation of the Advisor shall be increased or reduced in accordance with the supplemental RFP #1364 ~ LEGISLATIVEADVISOR ~ SPECIAL PROVISIONS ~ Page 5 of 13 AND ADVOCATE (COUNTY COUNCIL) 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 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 and/or data transmission costs; and D. The State of Hawaii General Excise Tax payable by the Advisor 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 Advisor as it deems necessary and advisable. Such modifications shall be made by a supplemental agreement in writing or by written order of the Director of Finance; 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 Advisor may be made by written order of the County Clerk. Upon receipt of a written order, the Advisor shall proceed with the modification as ordered. If the Advisor 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 County Clerk a written protest setting forth his reasons in detail within ten (10) ca/endar days after receipt of the order. The protest shall be disposed of pursuant to the provisions of paragraph 13, AUTHORITY OF THE COUNTY CLERK AND DIRECTOR OF FINANCE. Failure to file such protest within the time specified shall constitute agreement on the part of the Advisor with the terms, conditions and amount in the order. In the event the Advisor, 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 of Finance may allow the Advisor to withdraw from the RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECIAL PROVISIONS ~ Page 6 of 13 AND ADVOCATE (COUNTY COUNCIL) contract without breach, provided the Advisor files with the Director of Finance a written protest setting forth his reasons in detail within ten (10) ca/endar days after receipt of the order. If withdrawal is allowed, the Advisor shall be compensated in the same proportion of the compensation services to be performed under the contract. 21. ASSIGNMENT OF MONEY DUE OR PAYABLE: Assignments of money due or to become payable to the Advisor under the contract shall not be valid without the prior written consent of the Director of Finance. The rights of the assignee to moneys due or to become due to the Advisor shall be subject to paragraph 25 of the Special Provisions. 22. ACrEPTnNCE AND FINAL PAYMENT: Final payment will be made only after the issuance of a notice of final approval and acceptance by the Director of Finance advising the Advisor of the satisfactory fulfillment of the terms of the contract. Acceptance by the Advisor of the final payment shall constitute payment in full for all services performed 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 Advisor. 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 Advisor in the performance of his services shall, in the manner and to the extent determined by the County Clerk, become the property of and be delivered to the County. If the termination is for reasons other than default of the Advisor as provided in paragraph 24, the Advisor 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 ADVISOR'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 Advisor; RFP #2364 ~ LEGISLATIVEAOVISOR ~ SPECIAL PROVISIONS ~ Page 7 of 13 AND ADVOCATE (COUNTY COUNCIL) 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 the direction of the County Clerk; or E. Discontinues performance of the contract; or F. Fails to re-commence performance of the contract within a reasonable time after service of a written order to do so if the performance had been suspended; or G. Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency; or H. Allows any final judgment to stand against him unsatisfied for a period of ten (10) calendar days; or I. Makes an assignment for the benefit of creditors; or J. Fails to pay for all labor, tools, materials and equipment; or K. Has abandoned the contract; or L. Violates or fails to comply with any of the terms, covenants and conditions of the contract. The fee of such other contractor shall be paid from any unexpended amount of the compensation under the contract. Should the compensation of such other contractor exceed such unexpended amount, then the Advisor shall reimburse the County for the difference as part of the damages caused by Advisor's default. After payment of the compensation of such other contractor, any remaining unexpended amount of the compensation payable under the contract shall be paid to the original Advisor. The provisions of this subsection shall not apply if the Advisor is an individual and the default is due to his death or mental or physical disability. RFP #2364 ~ LEGISLATIVE ADVISOR ~ SPECIAL PROVISIONS ~ Page 8 of 13 AND ADVOCATE (COUNTY COUNCIL) 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 Advisor, or any assignee under paragraph 21, as may be necessary to protect the County against liability or to satisfy the obligations of the Advisor to the County and to employees, subcontractors and materialmen who have performed labor or furnished material and equipment under the contract and may make such payments from such amount as may be necessary to discharge such obligations and protect the County. 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. 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. SERVICES: 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. 29. RESPONSIBILITY OF OFFERORS: Offeror is advised that if awarded a contract under this solicitation, offeror shall, upon award of the contract, furnish proof of compliance with the requirements of §3-122-112, HAR: A. Chapter 237, tax clearance; B. Chapter 383, unemployment insurance; C. Chapter 386, workers' compensation; D. Chapter 392, temporary disability insurance; E. Chapter 393, prepaid health care; and F. One of the following: i) Be registered and incorporated or organized under the laws of the State (hereinafter referred to as a "Hawai`i business'; or 2) Be registered to do business in the State. (hereinafter referred to as a "compliant non-Hawaii business"). RFP #2364 ~ LEGISLATIVEADVISOR ~ SPECIAL PROVISIONS ~ Page 9 of 13 AND ADVOCATE (COUNTYCOUNCIL) Refer to the Method of Award provision below for instructions on furnishing the documents that are acceptable to the State as proof of compliance with the above-mentioned requirements. 30. METHOD OF AWARD: 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. Reference Responsibility of offerors in §3-122-112, HAR. Offeror shall produce documents to the procurement officer to demonstrate compliance with this section. HRS Chanter 237 tax clearance requirement for award and final oavment. Instructions are as follows: Pursuant to §103D-328, HRS, successful offeror shall be required to submit a tax clearance certificate issued by the Hawaii State Department of Taxation (DOTAX) and the Internal Revenue Service (IRS). The certificate is valid for six (6) months from the most recent approval stamp date on the certificate and must be valid on the date it is received by the purchasing agency. The tax clearance certificate shall be obtained on the State of Hawaii, DOTAX TAX CLEARANCE APPLICATION Form A-6 (Rev. 2003) which is available at the DOTAX and IRS offices in the State of Hawaii or the DOTAX website, and by mail or fax: DOTAX Website (Forms & Information): http•//www state hi us/tax/alphalist.html#a DOTAX Forms by Fax/Mail: (808) 587-7572 1-800-222-7572 Completed tax clearance applications may be mailed, faxed, or submitted in person to the Department of Taxation, Taxpayer Services Branch, to the address listed on the application. Facsimile numbers are: DOTAX: {808) 587-1488 Imo; (808) 539-1573 The application for the Clearance is the responsibility of the offeror, and must be submitted directly to the DOTAX or IRS and not to the purchasing agency. Advisor is required to submit a tax clearance certificate for final payment on the contract. A tax clearance certificate, not over two months old, with an original green certified copy stamp, must accompany the invoice for final payment on the contract. RFP #2364 ~ LEGISLATIVEADVISOR ~ SPECIAL PROVISIONS ~ Page 10 of 13 AND ADVOCATE (COUNTY COUNCIL) HRS Chapters 383 (Unemployment Insurance). 386 (Workers' Compensation) 392 (Temporary Disability Insurance) and 393 (Prepaid Health Care) requirements for award. Instructions are as follows: Pursuant to §103D-310(c), HRS, successful offeror shall be required to submit an approved certificate of compliance issued by the Hawaii State Department of Labor and Industrial Relations (DLIR). The certificate is valid for six (6) months from the date of issue and must be valid on the date it is received by the purchasing agency. The certificate of compliance shall be obtained on the State of Hawaii, DLIR APPLICATION FOR CERTIFICATE OF COMPLIANCE WITH SECTION 3-122-112, HAR, Form LIR#27, which is available at www.dlir.state.hi.us/LIR#27, or at the neighbor island DLIR district offices. The DLIR will return the form to the offeror, who in turn shall submit it to the purchasing agency. The application for the certificate is the responsibility of the offeror, and must be submitted directly to the DLIR and not to the purchasing agency. Requirement for award. To be eligible for the award, the offeror must comply as follows: Hawaii business. A business entity referred to as a "Hawaii business," is registered and incorporated or organized under the laws of the State of Hawaii. As evidence of compliance, offeror shall submit a CERTIFICATE OF GOOD STANDING issued by the Department of Commerce and Consumer Affairs, Business Registration Division (BREG). A Hawaii business that is a sole proprietorship, however, is not required to register with the BREG, and therefore not required to submit the certificate. An offeror's status as sole proprietor or other business entity and its business street address indicated on the Offer Form, page OF-1. will be used to confirm that the offeror is a Hawaii business. Compliant Non-Hawaii business. A business entity referred to as a "compliant non-Hawaii business," is not incorporated or organized under the laws of the State of Hawaii but is registered to do business in the State. As evidence of compliance, offeror shall submit a CERTIFICATEOFGOODSTANDING. To obtain a CERTIFICATE OF GOOD STANDING go online to www BusinessRegistrations.com and follow the prompt instructions. To register or to obtain a "Certificate of Good Standing" by phone, call (808) 586-2727 (M-F 7:45 a.m, to 4:30 p.m., HST). The "Certificate of Good Standing" is valid for six months from date of RFP x#2364 ~ LEGISLATIVE ADVISOR ~ SPECIAL PROVISIONS ~ Page 11 of 23 AND ADVOCATE (COUNTYCOUNCIL) issue and must be valid on the date it is received by the purchasing agency. Offerors are advised that there are costs associated with registering and obtaining a "Certificate of Good Standing" from the DCCA. Timely Submission of all Certificates. The above certificates should be applied for and submitted to the purchasing agency as soon as possible. If a valid certificate is not submitted on a timely basis for award of a contract, an offeror otherwise responsive and responsible may not receive the award. Final Payment Requirements. In addition to a tax clearance certificate, an original °Certification of Compliance for Final Payment" (SPO Form-22), attached, will be required for final payment. A copy of the form is also available at www.s~o.hawaii.aov. Select "Forms for Vendors/Contractors" from the Chapter 103D, HRS, pop-up menu. 31. NON-DISCRIMINATION IN COUNTY CONTRACTS: Pursuant to Executive Order No. 142, County of Hawaii, dated February 11, 2005: During the performance of this contract, the Advisor agrees as follows: A. The Advisor shall comply with all requirements set forth in Federal and State laws and regulations relative to Title VI of the Civil Rights Act of 1964, as amended, which provide for non-discrimination in Federally-assisted programs. B. The Advisor shall not discriminate against any employee or applicant for employment because of race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or Federal law. The contractor shall assure that applicants are employed and that employees are treated during employment without regard to race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by State or Federal law. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. The Advisor agrees to post in conspicuous places notices to be provided by the County Clerk setting forth the provisions of the nondiscrimination clause. C. The Advisor shall in all solicitations or advertisements for employees placed by or on behalf of the Advisor, state that all qualified applicants shall receive RFP #2364 ~ LEGISLATIVEADVISOR ~ SPECIAL PROVISIONS ~ Page 11 of 13 AND ADVOCATE (COUNTY COUNCIL) consideration for employment without regard to race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by State or Federal law. D. In the event of the Advisor's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled or suspended in whole or in part and the Advisor may be declared ineligible for further County contracts until such time that the Advisor by satisfactory evidence, in good faith, ceases such discriminatory practices or procedures. E. The Advisor who subcontracts any portion of the contract shall assure the County that such subcontractor shall abide by the nondiscrimination provisions stated herein and agrees that any subcontractor who is found in violation of such provisions shall subject the Advisor's contract with the County to be terminated or suspended pursuant to Section D above. F. The County may direct any bidder, prospective contractor, or subcontractor to submit a statement in writing signed by an authorized officer, agent, or employee of the contracting parry that the signer's practices and policies do not discriminate on the grounds of race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by State or Federal law, and that the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions stated herein. RFP #2364 ~ LEGISLATIVEADVISOR ~ SPECIAL PROVISIONS ~ Page 13 of 13 AND ADVOCATE (COUNTY COUNCIL)