REQUEST FOR PROPOSALS (RFP) ISSUE DATE: JUNE 9, 2015
RFP No. 15137
TITLE: CHESAPEAKE ANIMAL SERVICES RECORD MANAGEMENT SYSTEM
COMMODITY CODE: 393-56 CONTRACT# _______________________
ISSUED BY: City of Chesapeake Purchasing Division 306 Cedar Road, 5th Floor Chesapeake, Virginia 23322
USING DEPARTMENT: Police Department Animal Services 2100 S. Military Hwy Chesapeake, Virginia 23320
Period of Contract: Three (3) Years from date of execution w/optional two (2) one (1) year renewals SEALED PROPOSALS WILL BE RECEIVED UNTIL 5:00 P.M., JULY 6, 2015 for furnishing the services described herein. All Inquiries for Information Should Be Directed to Chessica Hodges, Procurement Specialist, Phone: (757) 382-6359, Fax: (757) 382-6900, Email:
[email protected] All questions must be submitted in writing to the Purchasing Division before 5:00 P.M., JUNE 17, 2015. If necessary, an addendum will be posted on the City’s website at: www.CityOfChesapeake.net. It shall be the responsibility of the prospective offeror to monitor the City’s website for published addenda and to have all addenda signed by an authorized representative of the company. All fully executed addenda must be returned to the City along with the signed proposal. IF PROPOSALS ARE MAILED, SEND DIRECTLY TO THE PURCHASING DIVISION AT THE ADDRESS SHOWN ABOVE. IF HAND-DELIVERED, DELIVER TO: City Hall, Purchasing Division, 306 Cedar Road, 5 th Floor, Chesapeake, VA. In Compliance With This Request for Proposal And To All The Conditions Imposed Therein and Hereby Incorporated By Reference, The Undersigned Offers, And Agrees To Furnish Services requested in the solicitation. NAME AND ADDRESS OF FIRM:
_______________________________________
Date: _______________________________
_______________________________________
_______________________ Zip Code: _______
By: ________________________________________ (Sign in Ink) Name: __________________________________________ (Please Print) Title: ____________________________________________
FEI/FINT No: ____________________________
Phone: __________________ Fax: ____________________
E-mail: _________________________________
Website: _________________________________________
_______________________________________
*PRE-PROPOSAL CONFERENCE: An Optional Pre-Proposal Conference will be held at 10:00 a.m., June 12, 2015 at the Purchasing Dept. Office Conference Room located at 5th Floor 306 Cedar Road, Chesapeake, VA 23322.
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CHESAPEAKE ANIMAL SERVICES – RECORD MANAGEMENT SYSTEM RFP# 15137 TABLE OF CONTENTS I.
PURPOSE…...................................................................................................................................3
II.
BACKGROUND…...........................................................................................................................3
III.
SCOPE OF SERVICES…………………………………….……………………………………………..3
IV.
SCHEDULE OF EVENTS.………...…………………………..……………………….…………………6
V.
CONFLICTS AND QUESTIONS …………………………………………………………………………6
VI.
PROPOSAL PREPARATION AND INSTRUCTIONS…………………..……………………...………7
VII.
SPECIFIC PROPOSAL INSTRUCTIONS……………………………………………………….……...7
VIII. DISCLOSURE OF PROPOSAL CONTENTS…………………………………………………………..8 IX.
SUBMITTAL PROCESS AND INFORMATION……………………………………………..………….8
X.
SELECTION CRITERIA……..………………………………………………………………….………...9
XI.
AWARD OF CONTRACT….………………………………………………………………………………9
Attachment A: Certification of Compliance with Immigration Laws and Regulations-MUST BE FULLY EXECUTED AND SUBMITTED WITH BID. IF NOT SUBMITTED WITH THE BID, YOUR BID SHALL BE CONSIDERED NON-RESPONSIVE Attachment B: Litigation Disclosure Form and State Corporation Commission Identification NumberMUST BE FULLY EXECUTED AND SUBMITTED WITH BID. IF NOT SUBMITTED WITH THE BID, YOUR BID SHALL BE CONSIDERED NON-RESPONSIVE Attachment C: Attachment D: Attachment E: Attachment F:
VENDOR DATA SHEET PRICING SCHEDULE STATEMENT OF WORK REQUIREMENTS MATRIX
ADDITIONAL STANDARDS & MATICES (INCLUDED) APPENDIX A: Section I – Required General Terms and Conditions Section II – Special Terms and Conditions Section III – Special Terms and Conditions for Technology
The City of Chesapeake does not discriminate against faith based organizations in accordance with Code of Virginia Section 2.2-4343.1 or against any contractor, bidder, or offeror because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by State law relating to discrimination in employment
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I.
PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to obtain an Animal Services Records Management System (ASRMS) that also includes an animal shelter management component. The City of Chesapeake has recognized the need for an improved animal records management system for the Chesapeake Animal Services (CAS). One of the primary desired functions is a system that can integrate with the CAS website as well as popular animal adoption web sites. The purpose of these desired functions is to increase the live release rate of animals through adoption, transfer to rescue, and return of lost animals to rightful owners. Increased live release of animals will reduce euthanasia of healthy animals.
II.
BACKGROUND: The City of Chesapeake has a single animal shelter facility that requires the humane treatment and care of animals in the City’s possession as well as the collection of data and reporting of all activities surrounding their care both during operating hours and after hours. Visitors to the CAS typically are there to view and consider adoption of an animal, verify and claim a lost animal or identify an animal that has perhaps taken part in some destructive activity to a person or property. Currently, the City is using a computer system from Visibility, Inc. and the City is looking to vastly upgrade and enhance the capability and performance of its computer system.
III.
SCOPE OF SERVICES: The selected Offeror(s) shall furnish, install, convert existing data (priced separately) from the Visibility System to the new system, test, train staff, upgrade, provide documentation, and maintain going forward an ASRMS at the City’s designated animal shelter. The City’s needs are also specified in the Requirements Matrix identified later in this document. Existing City equipment will be used if at all possible. Existing devices for Animal Services are as follows: 6 each virtual desk top devices 17 each Desktop PCs 11 each Tuff Book Laptops with air cards (for Animal Control Officer (ACO) trucks) 1 Police Department issued I-Phone Most officers and support staff have personal cell phones. Software replacement, updates, upgrades as well as system modifications and fixes will be provided by the offerror(s). A. Warranty and Maintenance on Existing Equipment and Software: Please see Special Terms and Conditions Clauses for additional warranty and maintenance information/requirements clauses. 1.
The Offeror shall provide information in their proposal of warranty/maintenance pricing options that can be offered to City after expirations of manufacturer’s warranty and or current/existing warranty and or maintenance.
2. New and Existing hardware/software/services not covered under proposed full service contract: For hardware, software, and services not covered under the proposed requested full service contract above, the selected offeror(s) will provide services at an established fixed contracted hourly rate as needed for the full term of the contract by skillset. The proposal shall include separate pricing for maintenance to begin once the manufacturers and or existing warranty has expired. The Offeror may propose alternative maintenance plans (full maintenance coverage, preventive maintenance only, etc.) for consideration by the City.
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MAINTENANCE AND SUPPORT Certain operations of CAS are determined to be “mission-critical” where they are essential to the ongoing 24 hour, 7 days per week operation of the unit. These operations are designated “Priority One”. Certain operations are not essential for the ongoing operation of CAS and are generally considered as “non-mission-critical” or “Priority Two” and “Priority Three” operations (below). The City must be able to contact the selected Vendor for the resolution of System problems using a toll free number provided by the Vendor. Vendor support personnel shall be available from 7:00 AM to 6:00 PM local time, Monday through Friday to answer calls from the City. Because CAS operates every weekend, an emergency 24/7 and after-hours point of contact must be provided. The Vendor may provide e-mail, web, and 900 and local phone numbers which, at the discretion of the City may be used to contact Vendor support. Vendor support services shall include: a.
Toll-free telephone support direct to qualified support personnel
b.
A single point-of-contact for each open problem (direct e-mail, direct pager, and direct phone number)
c.
Priority One (first level) direct support
d.
User self-help shall be available by website and e-mail query
Problems and resolutions shall be based on Priority Levels:
Priority One Hours of Availability:
24 Hours a Day / 7 Days a Week (24/7)
Initial Response:
The Vendor shall call back within one (1) hour, 24/7, including weekends and holidays.
Description:
A mission-critical System error.
Resolution Response:
The Vendor shall commence immediately and work aggressively to completely resolve the problem. At the City’s option a temporary workaround may be utilized to get the System operational as soon as possible, provided that a permanent fix is imminent.
Notification:
The City will alert the Vendor of Priority One issues. The System should alert the Vendor and the City of problems that impact mission-critical functions. The Vendor shall update the City of problem resolution progress frequently.
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Priority Two Hours of Availability:
7:00 AM to 6:00 PM local time Monday through Friday (extended normal business hours)
Description:
This is a significant error but not mission-critical. It does not include cosmetic, documentation, reporting problems, or inquiries regarding the operation of the software or installation and training issues.
Initial Response:
During extended normal business hours, the Vendor shall call back within three (3) hours. Outside these extended normal business hours, including weekends and holidays, the Vendor shall call back the following business day.
Resolution Response:
The Vendor shall furnish and deliver a workaround for the City during problem resolution. The Vendor shall furnish and deliver problem resolution in the form of an upgrade or modification to the System in an upcoming update.
Notification:
The Vendor shall notify the City when a workaround has been provided or the problem has been resolved.
Priority Three Hours of Availability: Description:
Initial Response:
8:00 AM to 5:00 PM local time Monday through Friday (regular business hours) All software or documentation errors that are not considered to be Priority One or Priority Two. These include but are not limited to: 1. Cosmetic issues 2. Misspellings 3. Product enhancement requests 4. Inquires relating to software functionality, system administration, or installation. The Vendor shall respond to these items if specifically requested to do so at the time of the request. If a reply is requested, the Vendor shall respond the next business day.
Resolution Response:
The Vendor shall correct documentation errors in upcoming releases of the documentation.
Notification:
The Vendor shall notify the City when a workaround has been provided or the problem has been resolved.
B.
Additional/Specific Requirements and Services:
1.
Submitted Statement of Works shall follow the Statement of Work Table of Contents provided in this document will describe the deliverables, due dates, assignment duration and payment obligations for a specific project, engagement, or assignment for which the Offeror(s) shall be providing Products, Software and/or Services to the City which, upon signing by both parties, shall be necessary prior to the issuance of a purchase order as a result of contract(s) generated from this solicitation.
2.
Product Service Records are to be provided upon request from the City, and the contractor shall maintain, at no additional cost a Product Service Record for each unit of Products covered under warranty or maintenance. The
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Product Service Record shall record the following: (i) installation/relocation/ removal/ modifications; (ii) remedial actions; (iii) preventive actions; (iv) any additional services not covered by warranty or maintenance. 3.
Additional Services may be needed in addition to any on-site warranty or maintenance service obligations. The Contractor/ Offeror shall submit to the City upon request, a Statement of Work (SOW) in accordance with the ordering provisions of the established contract to provide additional Services.
4.
License and Maintenance Support Agreements: Offerors shall provide all License, Maintenance and Support Agreements, including those that are for third party software that will be used to meet the City’s requirements. Offerors and their staff shall be a properly authorized and certified Dealer of a manufacturer’s product line they list and or reference in their proposal they submit in response to this solicitation.
PRE-BID CONFERENCE: An optional pre-bid conference will be held on June 12, 2015, at 10:00 a.m., at the Purchasing Office Conference Room, 306 Cedar Road, 5th Floor, Chesapeake, VA 23322. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation. Attendance at the conference will be evidenced by the representative’s signature on the attendance roster. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation. PRICING SCHEDULES: The cost for providing total services contained herein shall be reflected ATTACHMENT D (This includes any FOB Destination/Freight Prepaid). .
IV.
SCHEDULE OF EVENTS: The City will make every effort to adhere to the following schedule leading to the award of a contract; however, this schedule is subject to change. Offerors will be notified of significant schedule changes:
V.
Action
Responsibility
Date
Issuance of RFP
City Purchasing
June 3, 2015
Pre-Proposal Conference
City, Potential Offerors
10:00 am, June 12, 2015
Submission of Questions
Potential Offerors
June 17, 2015
Submission of Proposal
Offerors
July 6, 2015
Selection of Finalists
Evaluation Committee
TBD
Oral Presentations
Evaluation Committee
TBD
Contract Negotiations
Procurement Administrator
TBD
Contract /Award
Procurement Administrator
TBD
CONFLICTS AND QUESTIONS: Should there be conflicts between the proposal documents and the final executed contract document; the final contract shall take precedence. Proposers are specifically directed not to contact any City personnel, other than the Contact Person indicated below, for any purpose related to this RFP. Questions regarding this Request for Proposals should be directed in writing to the Purchasing Division. All questions and requests for clarification must be received by the Purchasing Division before 5:00 p.m., June 17, 2015.
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VI.
PROPOSAL PREPARATION AND INSTRUCTIONS: In order to be considered for selection, offerors must submit a complete response to this solicitation. One (1) clearly marked original and five (5) copies of the proposal must be submitted to the Purchasing Division. No other distribution of the proposal shall be made by the offeror. A. Proposals shall be signed by an authorized representative of the offeror. All information requested must be submitted. Failure to submit all information requested may result in the Purchasing Division requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Mandatory requirements are those required by law or such that they cannot be waived and are not subject to negotiation. B. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Proposals should only be limited to 30 pages including all required information. Points will be deducted for elaborate brochures and excessive promotional materials. They are not required or desired. C. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub-number, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub-number should be cross repeated at the top of the next page. The proposal should contain a table of contents which cross references the RFP requirements. Information which the offeror desires to present that does not fall within an area of the requirement of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed. D. Each copy of the proposal should be contained in a single binder volume where practical. All documentation submitted with the proposal should be contained in a single binder volume (NO SPIRAL BOUND COPIES). Do not submit two (2) sided print material. Submit an electronic copy your signed offer with the submission of a sealed offer. E. Ownership of all data, materials and documentation originated and prepared for the City pursuant to the RFP shall belong exclusively to the City and shall be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protection of Section 54-75 of the Chesapeake City Code, in writing, either before or at the time the data is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material shall be submitted in a separate document, identified by some distinct method such as highlighting or underlining and must be indicated on the specific pages, words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal as proprietary or trade secret is not acceptable and will result in rejection and return of the proposal.
VII.
SPECIFIC PROPOSAL INSTRUCTIONS: Proposals should be submitted as one (1) bound section, separate sections/topics by tabs, shall be as thorough and detailed as possible so that the City may properly evaluate the organization’s capabilities to provide required services. Offerors are required to submit the following as a complete proposal: Proposals are limited to 30 pages including all required information. A. The RFP cover sheet and all addenda, if any, Certification of Compliance with Immigration Laws and Regulations, and Litigation Disclosure Form, shall have original signature(s) and completed as required. B. Provide a brief description and history of the company, to include name, title, mailing address, telephone number, facsimile number, and email address of the contact person for this solicitation. C. Describe how long the business has been in operation, the offeror’s current total budget, and description of financial stability. Submit a copy of the offeror’s most recent annual audited financial statement. D. State whether the offeror is local, regional, national, or international. State the location of the office from which the work is to be done. Describe the range of activities performed by the office.
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E. Describe the staff and other resources you shall assign to this contract. Include resumes of those individuals. F. If the offeror shall sub-contract some of the services, then the offeror shall specify what services shall be provided directly and what services shall be sub-contracted and with whom. G. Describe any other specialized service(s). H. Provide a list of a minimum of three (3) clients for which your company has provided similar services within the last five (5) years. VIII.
DISCLOSURE OF PROPOSAL CONTENTS: Offerors should be aware that the terms of the contract awarded pursuant to this RFP are public information. During the RFP submission and evaluation process, all proposals will be held in confidence and will not be revealed to or discussed with competitors, unless disclosure is required to be made by law or by court ruling. The City may use any or all ideas presented in any proposal. Selection or rejection of the proposal does not affect this provision.
IX.
SUBMITTAL PROCESS AND INFORMATION: One (1) original (specifically marked “Original”), and five (5) copies of the proposal shall be submitted. Facsimile copies will not be accepted. The City will accept sealed proposals, until 5 p.m. on July 6, 2015, delivered to: Chessica Hodges Procurement Specialist I City of Chesapeake 306 Cedar Road, 5th Floor Chesapeake, VA 23322
Project: _________________ Company Name: ____________ RFP#_______________ Offerors that submit a response to this RFP may be required to make an oral presentation of their proposal with participation by key personnel. The City reserves the right to request clarification of information submitted. Failure to provide this additional information within a reasonable time period, as specified by the City, shall be reason for the offeror’s proposal to be considered non-responsive. The City of Chesapeake shall not be responsible for any expense incurred by the offeror in preparing and submitting a proposal, for answering any subsequent inquiries, interviews for evaluation, or contract negotiations. All submissions are final, and may not be withdrawn. The City will only provide information (or access to the same) which is readily available. The City reserves the right to charge its normal fees for materials copied. The right is reserved, as the interests of the City may require, to revise and/or amend the specifications prior to the date set for acceptance of proposals; the acceptance date may be postponed if deemed necessary by the Procurement Administrator. Such revisions and amendments, if any, will be announced by an addendum to this solicitation. Late Proposals: To be considered for selection, proposals must be received in the City’s Purchasing Office by the designated date and hour. Proposals received in the issuing office after the date and hour designated shall be disqualified and shall not be considered. The City is not responsible for delays in the delivery of mail by the U.S. Postal Service or private couriers. It is the sole responsibility of the Offeror to insure that its proposal reaches the Purchasing office by the designated date and hour. Receipt of proposals scheduled during a period of suspended City business operations will be rescheduled for processing at the same time on the next business day. PERIOD OF PERFORMANCE: Three (3) Years from date of execution w/optional two (2) one (1) year renewals
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X.
SELECTION CRITERIA A Selection Committee composed of representatives from the City of Chesapeake will evaluate each proposal received and will submit a recommendation to the Procurement Administrator. The City will evaluate each proposal pursuant to its standard procurement procedures consistent with the procurement of services through competitive negotiation. Selection will be made on the basis of the following factors. All factors will be scored based solely on the City’s evaluation. A.
EVALUATION OF PROPOSALS: The evaluation committee will review the proposals and develop a shortlist of offerors to interview. During the review of the proposals, the City will focus on the following factors to develop the shortlist of firms to interview, and also for subsequent interview evaluations of the shortlisted firms: 1. Recent Installation Experience at Similar Facilities ………………..… 30% 2. Experience and Qualifications of Assigned Project Team/Personnel …………………………………………………………… 30% 3. Technical Approach and Methodology …………………………………
20%
4. Proposed Implementation Plan, including Time Line on new installs and upgrades and modifications of equipment, software, etc. ………….... 15% 5. Cost Proposal ……………………………………………………………… 5%
Generally, the selection committee will consider the Offeror’s overall suitability to provide the required services within the project’s time, budget and operational constraints, and it will consider the comments and/or recommendations of the offeror’s previous clients, as well as other references. After the review and rating of proposal(s) by the Selection Committee, the individual scores will be averaged and ranked. Offerors will be ranked in descending order of numerical predominance. Oral Presentations: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal. This will provide an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and will not include negotiation. The purchasing division will schedule the time and location of these presentations. Oral presentations are an option of the Purchasing Division and may or may not be conducted. Should an Offeror receive a request for an oral presentation, the evaluation criteria relative to the oral presentation are listed above. XI.
AWARD OF CONTRACT: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the request for proposal, including price if so stated in the request for proposal. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the procurement administrator or designee shall select the offeror, which, in his or her opinion, has made the best proposal and shall award the contract to that offeror. When the terms and conditions of multiple awards are so provided in the request for proposal, awards may be made to more than one offeror. Should the procurement administrator or designee determine in writing and in his or her sole discretion that only one offeror is fully qualified or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The City of Chesapeake will not consider for award any cost proposals submitted by any consultants and will not consent to subcontracting any portions of the contract to any sub-consultants in violation of the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens. Firms must complete and submit the attached Immigration Certification Form with their proposals. The City may cancel this Request for Proposals at any time prior to an award, and is not required to furnish a reason why a particular proposal was not deemed the most advantageous. FEE/RATE SCHEDULE: Hourly rates established under this Contract shall include:
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Administrative items such as fax transmissions, long distance phone calls, mailing services, courier services, and materials required in the preparation of presentations, cost of reports, submittals and other expenses deemed typical in the conduct of business. Transportation to and from job sites, vehicles, fuel, vehicle maintenance, cell phones, personal computers, printers, cameras, video equipment, software, general office supplies, home office, office and administrative support, materials testing equipment and all overhead and incidental costs.
REIMBURSABLE EXPENSES: No expenses except those identified in the Contract as project related expenses will be reimbursed if incurred without the prior written approval of the City and the issuance of a purchase order detailing the specific expenses to be incurred by the Contractor and their estimated amount. Payment for approved reimbursable expenses will be made within 30 days after receipt by the Project Manager of a correct invoice identifying the nature of the expense. Reimbursable expenses allowed shall be charged to the City on a unit price basis at the Contractor’s cost. All amounts paid for reimbursable expenses shall be considered part of the Contract Amount. PROPOSAL ACCEPTANCE PERIOD: Unless the Offeror withdraws its proposal as allowed under the terms of this RFP or agrees to one or more extensions, the proposal is binding upon the Offeror for ninety (90) calendar days following the RFP Due Date. Offeror further agrees and understands that (except to the extent of the requirement to ** indemnify the City for costs incurred in protection of the Offeror’s confidential information) there is no binding agreement, no contractual relationship, no understanding nor mutual assent until a Contract is executed and exchanged by and between the Offeror and the City. The following City agents have general authority to sign and execute a Contract on behalf of the City, to the extent authorized by City Council, the City Manager, and the Procurement Administrator. CONFLICTS AND QUESTIONS: Should there be conflicts between the proposal documents and the final executed contract document; the final contract shall take precedence. PRICING SCHEDULE – Please complete attachment E. Pages 50-53 with requested pricing information.
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APPENDIX A SECTION I REQUIRED GENERAL TERMS AND CONDITIONS GOODS AND NONPROFESSIONAL SERVICES A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. Z. AA. BB.
VENDORS MANUAL APPLICABLE LAWS AND COURTS ANTI-DISCRIMINATION ETHICS IN PUBLIC CONTRACTING IMMIGRATION REFORM AND CONTROL ACT OF 1986 DEBARMENT STATUS ANTITRUST MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS CLARIFICATION OF TERMS PAYMENT QUALIFICATIONS OF BIDDERS OR OFFERORS TESTING AND INSPECTION ASSIGNMENT OF CONTRACT CHANGES TO THE CONTRACT DEFAULT TAXES USE OF BRAND NAMES TRANSPORTATION AND PACKAGING INSURANCE ANNOUNCEMENT OF AWARD DRUG-FREE WORKPLACE NONDISCRIMINATION OF CONTRACTORS TERMINATION OF CONTRACT COOPERATIVE PROCUREMENT LITIGATIONS WITH THE CITY PRIOR DEFAULTED CONTRACTS CRIMINAL CONVICTIONS AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH
A.
VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at http://eva.state.va.us/ under “Manuals.”
B.
APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. This solicitation is also governed by provisions of the City of Chesapeake Ordinance on Procurement and any revisions thereto, which is hereby incorporated into this contract by reference. Contact the Purchasing Division at (757) 382-6359, for more information or to review the Chesapeake Procurement Ordinance.
C.
ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E). In every contract over $10,000 the provisions in 1. and 2. below apply:
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1.
2.
During the performance of this contract, the contractor agrees as follows: a.
The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
b.
The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.
c.
Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.
The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
D.
ETHICS IN PUBLIC CONTRACTING: By submitting their (proposals), (offerors) certify that their (proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (offeror), supplier, manufacturer or subcontractor in connection with their (proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.
E.
IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their (proposals), (offerors) certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.
F.
DEBARMENT STATUS: By submitting their (proposals), (offerors) certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
G.
ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Chesapeake all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City of Chesapeake under said contract.
H.
MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS FOR RFPs:
1.
I.
Failure to submit a proposal on the official City form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.
PAYMENT: 1.
To Prime Contractor: a.
Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the City contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).
b.
Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.
c.
All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which City department is being billed.
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2.
d.
The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.
e.
Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve a department of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).
To Subcontractors: a.
A contractor awarded a contract under this solicitation is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the City for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the department and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.
b.
The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the City, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City.
J.
PRECEDENCE OF TERMS: Paragraphs A-J of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.
K.
QUALIFICATIONS OF (OFFERORS): The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the (offeror) to perform the services. The (offeror) shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect (offeror’s) physical facilities prior to award to satisfy questions regarding the (offeror’s) capabilities. The City further reserves the right to reject any (proposal) if the evidence submitted by, or investigations of, such (offeror) fails to satisfy the City that such (offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.
L.
TESTING AND INSPECTION: The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.
M.
ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City.
N.
CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: 1.
The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2.
The Purchasing Division may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Division a credit for any savings. Said compensation shall be determined by one of the following methods:
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a.
By mutual agreement between the parties in writing; or
b.
By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Division’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c.
By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Division with all vouchers and records of expenses incurred and savings realized. The Purchasing Division shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Division within thirty (30) days from the date of receipt of the written order from the Purchasing Division. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Division or with the performance of the contract generally.
O.
DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City may have.
P.
TAXES: Sales to the City are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The City’s excise tax exemption registration number is 54-072-1442.
Q.
USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the City, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (offeror) clearly indicates in its (proposal) that the product offered is an equal product, such (proposal) will be considered to offer the brand name product referenced in the solicitation.
R.
TRANSPORTATION AND PACKAGING: By submitting their (proposals), all (offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.
S.
INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. INSURANCE COVERAGES AND LIMITS REQUIRED: 1.
Workers’ Compensation – Statutory Requirements and Benefits
2.
Employer’s Liability – $1,000,000.00
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3.
Commercial General Liability - $1,000,000 combined single limit. Commercial General Liability is to include Premises/Operations Liability, Products and Completed Operations Coverage (to extend for two (2) years past the work completion date). The City of Chesapeake must be named as an additional insured.
4. Automobile Liability - $1,000,000 - Combined single limit. 5. Professional Liability – The SELECTED FIRM shall maintain during the life of this contract such Professional Liability Insurance, including Bodily Injury and Property Damage if excluded in Commercial General Liability coverage required above, as to protect the employed by either of them against claims for damages, including protection of the City. The minimum acceptable limits of liability to be provided by such Professional Liability Insurance shall be $5,000,000 each occurrence and $10,000,000 aggregate. 6. Excess Liability including Employers Liability, Commercial Auto Liability and Commercial General Liability$3,000,000 Aggregate. NOTE: If a contractor states there is property damage and bodily injury coverage equivalent to above within the Professional Liability policy that shall be specifically stated on the Acord Insurance Certificate form. T.
ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, the Purchasing Division will publicly post such notice on the City’s website (www.CityOfChesapeake.net) for a minimum of 10 days.
U.
DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drugfree workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, or disability, or against faith-based organizations. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the City shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. TERMINATION OF CONTRACT: The City may terminate the contract for cause or for convenience after giving thirty (30) days notice in writing to the Contractor. The written notice shall state whether the termination is for convenience or cause. Termination for Cause:
(1) If the Contractor should breach the contract or fail to perform the services required by the contract, the City may terminate the contract for cause by giving written notice or may give the Contractor a stated period of time within which to remedy its breach of contract. If the Contractor shall fail to remedy the breach within the time allotted by the City, the contract may be terminated by the City at any time thereafter upon written notice to the Contractor or, in the alternative, the City may give such extension of time to remedy the breach as the City determines to be in its best interest. The City’s forbearance by not terminating the contractor for a breach of contract shall not constitute a waiver of the City’s right to terminate nor acquiescence in further acts or omissions by the Contractor of a like nature. If the contract is terminated for cause, breach of contract or failure to perform, the Contractor may be subject to a claim by the City for the costs and expenses incurred in securing a replacement Contractor to fulfill the obligations of the contract.
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(2) In the event the Contractor breaches the contract or fails to perform the services required by the contract, in addition to terminating this contract for cause the City reserves the right, in its sole discretion, to terminate for cause any other open contract the Contractor has with the City. (3) Change of Address: In the event a Cure Notice is required, the City will use the address provided to the City in bids or proposals. It shall be the contractor’s responsibility to notify the City in writing within 10 days of knowing a change of address. (4) The written notice shall include the City’s contract number and the effective date of the address change. Termination for Convenience: The contract may be terminated by the City in whole or in part for the convenience of the City without a breach of contract by delivering to the Contractor a written notice of termination specifying the extent to which performance under the contract is terminated and the effective date of the termination. Upon receipt of such a notice of termination, the Contractor must stop work, including but not limited to work performed by subcontractors and consultants, at such time and to the extent specified in the notice of termination. If the contract is terminated in whole or in part for the convenience of the City, the Contractor shall be entitled to those fees earned for work done prior to the notice of termination and thereafter shall be entitled to any fees earned for work not terminated, but shall not be entitled to lost profits for the portions of the contract which were terminated. The Contractor will be compensated for reasonable costs or expenses arising out of the termination for the convenience of the City for delivery to the City of all products of the services for which the Contractor has or will receive compensation. Delivery of Materials: Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver to the City all products or services for which the Contractor has been or will be compensated. Unless otherwise agreed to in writing, the Contractor shall deliver the materials to the city within 30 days of the Notice of Termination of the Contract. Failure to do so may result in action for “breach of contract” or “failure to perform”. Compensation Due the Contractor: Upon such termination, the Contractor shall be entitled to the compensation accrued to the date of termination. Payment of the balance of the accrued compensation shall be dependent on the Contractor providing the required project material to the City. Said fees which have been earned shall be billed to the City in accordance with the normal billing process, but in no case later than 60 days after the last work is performed. Any termination by the City for default, found by a court of competent jurisdiction not to have been justified as a termination for default, shall be deemed a termination for the convenience of the City. The Contractor shall submit invoices for all such amounts in accordance with the normal billing process, but in no event later than 60 days after all services are performed. All amounts invoiced are subject to deductions for amounts previously paid. All payments due the Contractor under this contract are subject to appropriation by the Virginia General Assembly and Chesapeake City Council. Y. COOPERATIVE PROCUREMENT: Any resultant contract of this solicitation may be extended to any public agency or body in the Commonwealth of Virginia to permit those public agencies or bodies to purchase at contract prices, in accordance with the terms, conditions and specifications of this bid. The successful vendor/contractor shall deal directly with each public agency or body in regard to order placement, delivery, invoicing and payment. Z. LITIGATION WITH THE CITY: The City in its sole discretion may choose not to make an award to a bidder who is in litigation with the City at the time of bid/proposal evaluation. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the bidder is in litigation with the City at the time of the bid or proposal evaluation. AA. PRIOR DEFAULTED CONTRACTS: The City in its sole discretion may choose not to make an award to a bidder who has previously defaulted on a contract with the City. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the bidder has previously defaulted on a contract with the City. BB. CRIMINAL CONVICTIONS: The City in its sole discretion may choose not to make an award to a bidder or offeror if any principal, officer, director, or staff member of the firm assigned to work under a contract awarded pursuant to this solicitation has been convicted of a felony or a misdemeanor involving moral turpitude in the past ten (10) years. CC. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business
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entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.
APPENDIX A SECTION II SPECIAL TERMS AND CONDITIONS GOODS AND NONPROFESSIONAL SERVICES 1. ADVERTISING 2. AUDIT 3. AVAILABILITY OF FUNDS 4. BID ACCEPTANCE PERIOD 5. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION 6. DELIVERY 7. IDENTIFICATION OF BID/PROPOSAL ENVELOPE
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8. MINORITY/WOMEN-OWNED BUSINESSES 9. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER
1. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid/proposal, no indication of such sales or services to the City of Chesapeake will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the City of Chesapeake or any department or agency of the City has purchased or uses its products or services. 2. AUDIT: The Contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the City, whichever is sooner. The City auditors shall have full access to the right to examine any of said materials during said period. 3. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. 4. BID ACCEPTANCE PERIOD: Any proposal in response to this solicitation shall be valid for 90 days. At the end of the 90 days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled. 5. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures that information and data obtained as to personal facts and circumstances related to clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the City’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the City of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement. 6. DELIVERY: As stated herein: 7. IDENTIFICATION OF PROPOSAL ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid/proposal should be returned in a separate envelope or package, sealed and identified as follows: From: Name of Bidder/Offeror
Due Date
Street or Box Number
________________ IFB No. /RFP No.
City, State, Zip Code
________________ IFB/RFP Title
___________ Time
Name of Contract/Purchase Officer or Buyer The envelope should be addressed as directed on Page 1 of the solicitation. If a proposal not contained in the special envelope is mailed, the offeror takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the proposal to be disqualified. Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other bids/proposals should be placed in the envelope. 8. MINORITY/WOMEN OWNED BUSINESSES SUBCONTRACTING AND REPORTING: Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such business to minority and/or women-owned businesses. Names of firms may be available from the buyer and/or from the Purchasing Division. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office the following information: name of firm, phone number, total dollar amount subcontracted and type of product/service provided.
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9. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.24311.2 subsection B, an offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its proposal a statement describing why the offeror is not required to be so authorized. SCC Identification Number: ________________________________ (required)
APPENDIX A SECTION III SPECIAL TERMS AND CONDITIONS INFORMATION TECHNOLOGY GOODS AND SERVICES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
CERTIFICATION TESTING PERIOD (SYSTEM/HARDWARE) CONFIDENTIALITY DEFINITIONS DEMONSTRATIONS EQUIPMENT ENVIRONMENT EXCESSIVE DOWNTIME LATEST SOFTWARE VERSION LIMITATION OF USE MAINTENANCE NEW EQUIPMENT OPERATIONAL COMPONENTS OWNERSHIP OF INTELLECTUAL PROPERTY
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13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30.
PRODUCT SUBSTITUTION QUALIFIED REPAIR PERSONNEL RELOCATION OF EQUIPMENT RENEWAL OF MAINTENANCE REPAIR PARTS SERVICE PERIOD (EXTENDED) SERVICE PERIOD (ROUTINE) SERVICE REPORTS SOFTWARE UPGRADES SOFTWARE DISPOSITION SOURCE CODE TERM OF SOFTWARE LICENSE THIRD PARTY ACQUISITION OF SOFTWARE TITLE TO SOFTWARE WARRANTY AGAINST SHUTDOWN DEVICES WARRANTY OF SOFTWARE YEAR 2000 COMPLIANT (AND ENABLEMENT) WARRANTY NONVISUAL ACCESS TO TECHNOLOGY
1. CERTIFICATION TESTING PERIOD - SYSTEMS: The system specified in the contract shall be considered ready for testing upon receipt of documentation from the contractor that a successful system audit or diagnostic test was performed at the site demonstrating that the system meets the minimum design/performance capabilities stipulated in the purchase agreement. The ____day testing period shall commence on the next calendar day following receipt of this documentation. Upon request, the procuring agency will provide written confirmation of its acceptance following successful completion of the certification period. Such acceptance shall not be conclusive of complete conformance in all respects to the contract specifications and other requirements, or the nonexistence of potential latent defects. CERTIFICATION TESTING PERIOD - HARDWARE: Equipment ordered herein shall be subject to inspection and a 30-day testing period by the procuring agency. Contractor equipment which is found to not meet the specifications or other requirements of the purchase agreement may be rejected and returned to the vendor at no cost (including return transportation) by the procuring agency. Unless otherwise notified or mutually agreed, acceptance shall become effective at the end of the 30-day testing period. Such acceptance shall not be conclusive of complete conformance in all respects to the contract specifications and other requirements, or the nonexistence of potential latent defects. 2. CONFIDENTIALITY (City): The City agrees that neither it nor its employees, representatives, or agents shall knowingly divulge any proprietary information with respect to the operation of the software, the technology embodied therein, or any other trade secret or proprietary information related thereto, except as specifically authorized by the contractor in writing or as required by the Freedom of Information Act or similar law. It shall be the contractor’s responsibility to fully comply with § 2.2-4342F of the Code of Virginia. All trade secrets or proprietary information must be identified in writing or other tangible form and conspicuously labeled as “proprietary” either prior to or at the time of submission to the City. CONFIDENTIALITY (Contractor): The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the agency’s written consent. Any information to be disclosed, except to the agency, must be in summary, statistical, or other form which does not identify particular individuals. Contractors and their employees working on this project will be required to sign the Confidentiality statement in this solicitation. 3. DEFINITION - EQUIPMENT: As used herein, the terms equipment, product, or system shall include hardware and software (when applicable) and any materials or supporting documentation. Such documentation may include but is not limited to: users’ guides, operations manuals with part lists, copies of all applicable warranties, and any other pertinent information necessary for the proper operation and maintenance of the equipment being acquired. DEFINITION - SOFTWARE: As used herein, the terms software, product, or software products shall include all related materials and documentation whether in machine readable or printed form. 4. DEMONSTRATIONS: By submitting a bid, the bidder certifies that the specified equipment is in productive use and capable of demonstration in the proposed configuration. The City reserves the right to require bidders to demonstrate the functionality of proposed equipment to its satisfaction prior to making an award decision. Such
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demonstration is intended to show that a vendor’s products will perform in a completely satisfactory manner and that they will meet or exceed the performance specifications contained in the solicitation. Failure by a vendor to promptly comply with a request for demonstration could result in their bid being rejected. Failure to reject shall not relieve the vendor of its obligation to fully comply with all requirements of the contract. 5. EQUIPMENT ENVIRONMENT: Environmental specifications for any equipment to be delivered under the resulting contract shall be furnished in writing along with the vendor’s bid, should any such requirements be applicable. These specifications must be in sufficient detail to permit all installed equipment to function efficiently from an environmental perspective. Unless otherwise stated in the solicitation, it will be the procuring agency’s responsibility to prepare the site at its own expense to meet the environmental specifications provided. 6. EXCESSIVE DOWNTIME: Equipment or software furnished under the contract shall be capable of continuous operation. Should the equipment or software become inoperable for a period of more than 24 hours, the contractor agrees to pro-rate maintenance charges to account for each full day of inoperability. The period of in operability shall commence upon initial notification. In the event the equipment or software remains inoperable for more than __ consecutive calendar days, the contractor shall promptly replace the equipment or software at no charge upon request of the procuring agency. Such replacement shall be with new, unused product(s) of comparable quality, and must be installed and operational within days following the request for replacement. 7. LATEST SOFTWARE VERSION: Any software product(s) provided under the contract shall be the latest version available to the general public as of the due date of this solicitation. 8. LIMITATION OF USE: The City’s right to use computer software developed entirely at private expense may be limited by the contractor as stipulated in this contract. Notwithstanding any provision to the contrary however, the City shall have at a minimum: unlimited use of the software on the equipment for which it is purchased; use of the software on a secondary system for backup purposes should the primary system become unavailable, malfunction, or is otherwise rendered inoperable; use of the software at another City site should the system be entirely transferred to that location; the right to make a backup copy for safekeeping; the right to modify or combine the software with other programs or materials at the City’s risk; and the right to reproduce any and all documentation provided such reproduction is for the sole use of the City. These rights are perpetual and irrevocable; in the event of any actual or alleged breach by the City, the contractor’s sole remedy shall be to pursue a monetary claim in accordance with § 2.2-4363 of the Code of Virginia.
9. MAINTENANCE: Upon expiration of the specified warranty period and at the City’s option, the contractor shall provide up to additional one-year periods of on-site maintenance (including labor, parts, and travel) at the prices set forth in the pricing schedule. Maintenance shall not include external electrical work, providing supplies, and adding or removing accessories not provided for in the contract. Maintenance shall also not include repairs of damage resulting from: acts of God, transportation between state locations, negligence by state personnel, or other causes not related to ordinary use in the production environment in which installed. Each successive year of maintenance may be ordered by the City in writing at least days prior to expiration of the existing maintenance period. 10. NEW EQUIPMENT: Unless otherwise expressly stated in this solicitation, any equipment furnished under the contract shall be new, unused equipment. 11. OPERATIONAL COMPONENTS: Unless otherwise requested in the solicitation, stated equipment prices shall include all cables, connectors, interfaces, documentation for all components, and any other items necessary for full systems operation at the user site. This does not include consumable supplies such as paper, tapes, disks, etc., unless such supplies are expressly identified in the pricing schedule. 12. OWNERSHIP OF INTELLECTUAL PROPERTY: All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this contract shall become the sole property of the City. On request, the contractor shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the City to evidence the City’s sole ownership of specifically identified intellectual property created or developed in the performance of the contract. 13. PRODUCT SUBSTITUTION: During the term of any contract resulting from this solicitation, the vendor is not authorized to substitute any item for that product and/or software identified in the solicitation without the prior written consent of the contracting officer whose name appears on the front of this solicitation, or their designee. 14. QUALIFIED REPAIR PERSONNEL: All warranty or maintenance services to be performed on the items specified in this solicitation as well as any associated hardware or software shall be performed by qualified
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technicians properly authorized by the manufacturer to perform such services. The City reserves the right to require proof of certification prior to award and at any time during the term of the contract. 15. RELOCATION OF EQUIPMENT: Should it become necessary to move equipment covered by the contract to another location, the City reserves the right to do so at its own expense. If contractor supervision is required, the City will provide prior written notice of the move at least 30 days in advance, in which case the contractor shall provide the required services and be reasonably compensated by the City. Both the compensation to be paid and any adjustment to the maintenance terms resulting from the move shall be as mutually agreed between the parties. Regular maintenance charges shall be suspended on the day the equipment is dismantled and resume once the equipment is again certified ready for operational use. 16. RENEWAL OF MAINTENANCE: Maintenance of the hardware or software specified in the resultant contract may be renewed by the mutual written agreement of both parties for an additional 5 one-year period(s), under the terms and conditions of the original contract except as noted herein. Price changes may be negotiated at time of renewal; however, in no case shall the maintenance costs for a succeeding one-year period exceed the prior year’s contract price(s), increased or decreased by more than the percentage increase or decrease in the category of Education and Communication : Computer Software and Accessories of the CPIW section of the US Bureau of Labor Statistics Consumer Price Index, for the latest twelve months for which statistics are available. These costs shall not exceed 5% for the contract year. 17. REPAIR PARTS: In the event that the performance of maintenance services under the contract results in a need to replace defective parts, such items may only be replaced by new parts. In no instance shall the contractor be permitted to replace defective items with refurbished, remanufactured, or surplus items without prior written authorization of the City. 18. SERVICE PERIOD (EXTENDED): Due to the criticality of the applications for which the equipment and/or software is purchased, the contractor shall provide 24 hours a day, 7 days a week, maintenance support, including state holidays. On-site response time shall be within hours following initial notification. All necessary repairs or corrections shall be completed within hours of the initial notification.
19. SERVICE PERIOD (ROUTINE): Contractor shall provide 24 hour toll-free phone support with a hour return call response time. On-site maintenance services shall carry a hour response time following initial notification and be available during the normal working hours of 8 A.M. to 5 P.M. Monday through Friday, excluding city holidays. All necessary repairs or corrections shall be completed within hours of the initial notification. 20. SERVICE REPORTS: Upon completion of any maintenance call, the contractor shall provide the agency with a signed service report that includes, at a minimum: a general statement as to the problem, action taken, any materials or parts furnished or used, and the number of hours required to complete the repairs. 21. SOFTWARE UPGRADES: The City shall be entitled to any and all upgraded versions of the software covered in the contract that becomes available from the contractor. The maximum charge for upgrade shall not exceed the total difference between the cost of the City’s current version and the price the contractor sells or licenses the upgraded software under similar circumstances. 22. SOFTWARE DISPOSITION: Unless otherwise instructed by the contractor, the City shall render unusable all copies of software acquired under the contract within 30 days of termination of its license, except that the City does reserve the right to retain one copy of the software for archival purposes when appropriate. 23. SOURCE CODE: In the event the contractor ceases to maintain experienced staff and the resources needed to provide required software maintenance, the City shall be entitled to have, use, and duplicate for its own use, a copy of the source code and associated documentation for the software products covered by the contract. Until such time as a complete copy of such material is provided, the City shall have exclusive right to possess all physical embodiments of such contractor owned materials. The rights of the City in this respect shall survive for a period of 20 years after the expiration or termination of the contract. All lease and royalty fees necessary to support this right are included in the initial license fee as contained in the pricing schedule. 24. TERM OF SOFTWARE LICENSE: Unless otherwise stated in the solicitation, the software license(s) identified in the pricing schedule shall be purchased on a perpetual basis and shall continue in perpetuity. However the City reserves the right to terminate the license at any time, although the mere expiration or termination of this contract shall not be construed as an intent to terminate the license. All acquired license(s) shall be for use at any computing facilities, on any equipment, by any number of users, and for any purposes for which it is procured.
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The City further reserves the right to transfer all rights under the license to another state agency to which some or all of its functions are transferred. 25. THIRD PARTY ACQUISITION OF SOFTWARE: The contractor shall notify the procuring agency in writing should the intellectual property, associated business, or all of its assets be acquired by a third party. The contractor further agrees that the contract’s terms and conditions, including any and all license rights and related services, shall not be affected by the acquisition. Prior to completion of the acquisition, the contractor shall obtain, for the City’s benefit and deliver thereto, the assignee’s agreement to fully honor the terms of the contract. 26. TITLE TO SOFTWARE: By submitting a bid, the bidder represents and warrants that it is the sole owner of the software or, if not the owner, that it has received all legally required authorizations from the owner to license the software, has the full power to grant the rights required by this solicitation, and that neither the software nor its use in accordance with the contract will violate or infringe upon any patent, copyright, trade secret, or any other property rights of another person or organization. 27. WARRANTY AGAINST SHUTDOWN DEVICES: The contractor warrants that the equipment and software provided under the contract shall not contain any lock, counter, CPU reference, virus, worm, or other device capable of halting operations or erasing or altering data or programs. Contractor further warrants that neither it, nor its agents, employees, or subcontractors shall insert any shutdown device following delivery of the equipment and software. 28. WARRANTY OF SOFTWARE: The contractor warrants the operation of all software products for a period of ___months from the date of acceptance. During the warranty period, the contractor shall provide hour toll free phone support and all patches, fixes, revisions, updates, upgrades, and minor releases to both the software and its supporting documentation. In addition, the contractor shall provide a two hour return call response time and complete all necessary patches/fixes within hours of initial notification.
29. YEAR 2000 COMPLIANT (AND ENABLEMENT) WARRANTY: The contractor warrants that all software, firmware and hardware product(s) delivered to the City of Chesapeake under any agreement, and which is used in accordance with the product documentation provided by the contractor, shall be 4-digit Year 2000 compliant (or approved enabled). All products shall accurately process all date-change data from start to finish, including, but not limited to, twentieth, twenty-first centuries and leap year calculations. Any product provided under this Agreement discovered not to be compliant after acceptance shall be corrected by the contractor at no additional cost to the City. Failure to correct the deficiency shall subject the contractor to default action.
INCLUDE THE FOLLOWING PARAGRAPH WHEN THE REQUIREMENT IS FOR A SYSTEM AND/OR CUSTOMIZED SOFTWARE WHICH WILL BE USED IN COMBINATION WITH AGENCY OWNED PRODUCT(S) OR SOURCE(S) OF DATA AND WHICH ARE IDENTIFIED IN THE SOLICITATION: The contractor shall not be responsible for correcting any product(s) (e.g., hardware, software, firmware) which were not provided under this agreement or for correcting any previously owned City products that are used in combination with the contractor’s product(s); however, if this solicitation identifies any product or sources of data to be used in combination with the product(s) delivered under the resulting agreement, the contractor shall be responsible for providing all necessary interface(s) or other appropriate means for assuring that date data output from such other product(s) or source(s) is automatically corrected before being processed by the product(s) or system provided under this agreement.
30. NONVISUAL ACCESS TO TECHNOLOGY: All information technology which, pursuant to this agreement, is purchased or upgraded by or for the use of any State agency or institution or political subdivision of the City (the “Technology”) shall comply with the following nonvisual access standards from the date of purchase or upgrade until the expiration of this agreement: (i)
effective, interactive control and use of the Technology shall be readily achievable by nonvisual means;
(ii)
the Technology equipped for nonvisual access shall be compatible with information technology used by other individuals with whom any blind or visually impaired user of the technology interacts;
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(iii) Nonvisual Access Technology shall be integrated into any networks used to share communications among employees, program participants or the public; and (iv) the Technology for nonvisual access shall have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. Compliance with the foregoing nonvisual access standards shall not be required if the head of the using agency, institution or political subdivision determines that (i) the Technology is not available with nonvisual access because the essential elements of the Technology are visual and (ii) nonvisual equivalence is not available. Installation of hardware, software or peripheral devices used for nonvisual access is not required when the Technology is being used exclusively by individuals who are not blind or visually impaired, but applications programs and underlying operating systems (including the format of the data) used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices. If requested, the Contractor must provide a detailed explanation of how compliance with the foregoing nonvisual access standards is achieved and a validation of concept demonstration. The requirements of this Paragraph shall be construed to achieve full compliance with the Information Technology Access Act, §§ 2.2-3500 through 2.2-3504 of the Code of Virginia.
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ATTACHMENT A CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS AND REGULATIONS Section 54-72.2 of the Chesapeake City Code requires that any person or entity doing business with the City of Chesapeake, including its boards and commissions, shall include a sworn certification by the contractor or vendor of compliance with all federal immigration laws and regulations. These laws include the Federal Immigration Reform and Control Act, which makes it unlawful for a person or other entity to hire, recruit or refer for a fee for employment in the United States, an alien knowing the alien is unauthorized, and Section 40.1-11.1 of the Code of Virginia, which makes it unlawful for any employer to knowingly employ an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States. The state law, in particular, places an affirmative duty on employers to ensure that aliens have proof of eligibility for employment. Accordingly this certification shall be completed and attached to all contracts and agreements for goods and services made by the City of Chesapeake or any of its boards and commissions. Failure to attach a completed certification shall render the contract or agreement void. Type or print legibly when completing this form. 1. Legal Name of Contractor or Vendor: (Note: This is your name as reported to the IRS. This should match your Social Security card or Federal ID number.)
2. Type of Business Entity: A. Sole proprietorship (Provide full name and address of owner):
B. Limited Partnership (Provide full name and address of all partners):
C. General Partnership (Provide full name and address of all partners):
D. Limited Liability Company (Provide full name and address of all managing members):
E. Corporation (Provide full name and address of all officers):
3. Doing Business As: If Applicable (Note: This is the name that appears on your invoices but is not used as your reporting name.)
4. Name and Position of Person Completing this Certificate:
5. Physical Business Address:
6. Primary Correspondence Address (If different from physical address):
7. Number of Employees:
8. Are all Employees Who Live in the United States Eligible for Employment in the United States? Yes_______ No________
Under penalties of perjury, I declare on behalf of the contractor/vendor listed above that to the best of my knowledge and based upon reasonable inquiry, each and every one of the contractor’s/vendor’s employees are eligible for employment in the United States as required by the Federal Immigration Reform and Control Act of 1986 and Section 40.1-11.1 of the Code of Virginia. I further declare on behalf of the contractor/vendor shall use due care and diligence to ensure that all employees hired in the future
26
will be eligible for employment in the United States. I affirm that the information provided herein is true, correct, and complete.
Sworn this ____ day of ________________, 201__ on behalf of ___________
_____ as evidenced by
the following signature and seal:
Name of Contractor/Vendor: __________________________________
Printed Name of Signatory: ___________________________________
Signature: ________________________________________________
Date: _______________
COMMONWEALTH OF VIRGINIA: CITY OF CHESAPEAKE, to-wit: The foregoing instrument was acknowledged before me this ___ day of ______________, 201_, by _______________________. _________________________ Notary Public Registration No.:_________________ My commission expires: ___________
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ATTACHMENT B LITIGATION DISCLOSURE FORM Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required by this Litigation Disclosure Form may result in the disqualification of your bid or proposal from consideration or termination of the contract, once awarded. For purposes of this disclosure form, “you” means the individual or entity in whose name the bid or proposal is submitted. 1. Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been convicted of a felony, or a misdemeanor involving moral turpitude, during the last ten (10) years? Yes □
No □
2. Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been terminated (for cause or otherwise) from any work being performed for the City of Chesapeake or any other governmental or private entity during the last ten (10) years? Yes □ No □ 3. Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been involved in any claim or litigation with the City of Chesapeake or any other governmental or private entity during the last ten (10) years? Yes □ 4.
No □
Has any parent company or wholly owned subsidiary of your company been involved in any claim or litigation with the City of Chesapeake or any other governmental or private entity during the last ten (10) years? Yes □
No □
If you answered “Yes” to any of the above questions, please state the name(s) of the person(s), the nature, and the status and/or outcome of the conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your bid or proposal. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.24311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. SCC Identification Number: ________________________________ (REQUIRED)
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ATTACHMENT C Vendor Data Sheet To Be Completed By Offeror QUALIFICATION OF OFFEROR: Offerors must have the capability and capacity in all respects to fully satisfy the contractual requirements. 1.
YEARS IN BUSINESS: Indicated the length of time you have been in business providing this type of service. (_____________) YEARS/MONTHS
2.
DUNS Number: ________________________________
3.
REFERENCES: Indicate below a listing of at least three (3) present contracts which you currently provide this type of service, of the size and scope specified.
CLIENT AND ADDRESS
CONTACT PERSON AND PHONE NO.
29
PERIOD OF CONTRACT
I certify the accuracy of this information.
Where did you view/download this solicitation? ______eVA
or
_______Demandstar
Signed: _____________________________Title:_________________________ Date: _______________
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Attachment D. Pricing ScheduleEquipment/Parts/Consumables/Service/Maintenance - Page 1 of 4
Item/ Description- Equipment/Parts 1 of 2 Manufacturer
31
MSRP
% discount
Price
32
Attachment D. Pricing ScheduleEquipment/Parts/Consumables/Service/Maintenance - Page 2 of 4
Item/ Description- Equipment/Parts 1 of 2 Manufacturer
33
MSRP
% discount
Price
34
Attachment D. Pricing ScheduleEquipment/Parts/Consumables/Service/Maintenance - Page 3 of 4
Item/ Description- Equipment/Parts 2 of 2 Manufacturer
35
MSRP
% discount
Price
36
Attachment D. Pricing ScheduleEquipment/Parts/Consumables/Service/Maintenance - Page 4 of 4
Maintenance/Warranty/Hourly Rates as Applicable/trade-in information/pricing if known.
Technician Type
Normal Business Hourly Rate
After Hours
Misc.
Misc. Misc.
Applicable Discount
City
Misc.
Hourly Rate
Yearly Maintenance and Warranty Cost If known
37
Rate
Misc.
38
Additional Price Schedule
Item Initial Cost
Description
Price
To include:
$
Licensed software
$____________
Training
$____________
Travel expense
$____________
Implementation costs
$____________
Data Conversion to new system
$____________
Data Conversion from existing system $____________ Three (3) year software upgrade
Recurring Cost
$____________
Year 1: Annual maintenance & technical support
$
Year 2: Annual maintenance & technical support
$
Year 3: Annual maintenance & technical support
$
Year 4: Annual maintenance & technical support
$
Year 5: Annual maintenance & technical support
$
TOTAL $
39
Additional Notes/Comments: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ _______________
I certify the accuracy of this information.
Signed: ______________________________Title:______________________Date: _______________
40
Attachment E Statement of Work Offeror shall submit a State of Work (SOW) following the outline specified below:
Table of Contents 1.0 Executive Summary 1.1 Objective of the Project 1.2 Scope of Implementation 1.3 Project Timeline/High Level Project Plan 1.4 Project Roles and Responsibilities including resumes of vendor team members who will be working on the City’s project 2.0 Technology Architecture 2.1 Infrastructure 2.2 Data Conversion and Interfaces 2.3 Customizations 3.0 Implementation Methodology, Staffing, and Workplan 3.1 The Implementation Team 3.2 The Implementation Plan 4.0 Training Strategy and trainer resumes 5.0 Software Functionality 5.1 Project Description 5.2 Software Application Description/Intent of Use 5.3 Proposed Design 5.4 Contractor Support 6.0 Additional Descriptive Information including the identification of typical metric measures used to gauge the efficiency and overall health of the installed system.
41
Attachment F Requirements Matrix For Animal Services Records Management System NECESSARY FEATURES OF NEW SOFTWARE
Item
Requirement
1.
Adheres to the DIT Technology Standards (see attachment H)
2.
Must have field service mobile licenses
3.
Image package that allows specific image to be associated with that animal record
4.
Ability to automatically post CAS approved lost and adoption available animals on CAS website as well as high traffic public adoption sites and galleries
5.
Ability to create and scan cage and animal barcodes for the purpose of updating kennel population and location information
6.
On-site training provided by vendor prior to go live up to 5 days
7.
Ability to create an alert or “tickler” when action is required. This should relate to work for any “task” that is part of a workflow
8.
Ability to allow override of incomplete prerequisites based on a system administrator defined rules
9.
Ability to perform a spell check
10.
Ability to configure the system to log changes to specific data by User ID and time/date stamp (audit log)
11.
Ability to configure security at the system, business function, screen, file, and field level. Restriction is by user, or defined user group for access to private information and related processing
12.
Audit controls to prevent outtakes of unavailable animals, incorrect dates
13.
Ability to flag system for repeat incidents, by name and address.
14.
Ability to convert documents to PDF format
15.
Supports creation of forms and reports with user input fields that can be configured to represent existing paper forms
42
Item
Requirement
16.
Ability to obtain incident histories by location, animal, or person.
17.
Ability to customize and maintain user defined configuration
18.
Provide tracking of animals throughout the workflow.
19.
Ability to open document attachments in a separate window
20.
Ability to create a selection list for use in determining disposition of the animal whose hold time has expired.
21.
Ability to maintain a history of medical information for each animal.
22.
Ability to export documents from the system
23.
Allows an unlimited number of animals and citizens to be added and managed by the system
24.
Ability to inventory and track receipt and disbursement of vaccinations and prescribed medications.
25.
Ability to inventory and track receipt and disbursement of Controlled Dangerous Substances (CDS).
26.
Ability to support fee calculations. Note, the Animal Management Unit collects fees for adoptions and other services provided. They need to print receipts and other statements showing collections over a period of time. They also currently use the Treasurer’s Cash system on the Mainframe and will also use the same system after it is migrated to the Windows .Net environment. These are two separate systems and will remain that way. No third party collections are used.
27.
Ability to add, delete and modify fee structure. See Note in #26.
28.
Ability to support refunds and adjustments. See Note in #26.
29.
Ability to log trap deposits and citizen requests for traps. See Note in #26.
30.
Ability to perform searches using multiple parameters.
31.
Ability to add links to donation sites in website application. See Note in #26.
32.
Ability to query on all fields.
33.
Ability to sort on any field during a query.
34.
Provides standard reports (see desired list on Page )
35.
Query capability for all reports based on user-defined criteria
43
Item 36.
37.
Requirement Provides ad-hoc reporting based on user defined criteria. Ability to utilize Microsoft Office for email and form letters. The Animal Management Unit would like the ability to email statements, forms, letters, from the solution, but this setup cannot be determined until we have the RFP responses. However, we have learned recently, that using the sync method is not an option. This method is a security risk to the exchange server.
38.
Ability to automatically print various sized documents including receipts, adoption certificates, rabies vaccination certificates, health records, and citizen request forms.
39.
Ability to access animal, or citizen information remotely
40.
Maintains data in real-time.
41.
Ability to specify certain required data fields have a valid entry present.
42.
Capture and store animal images. The images must be stored for the life of the record and captured in an open file format (jpeg, tif)
43.
Ability to cross reference animals in the shelter.
44.
Ability to configure drop down boxes for any data field.
45.
Ability to store standardized comments with codes or abbreviations.
46.
47.
48.
49.
Ability to create customized animal numbering system. The ability to create a numbering system for example one set of numbers for dogs, one set of numbers for cats, one set for other. This would not replace the primary key for the system’s database but it would be a searchable field.
Ability to track animal bite exposure reports. Ability to identify duplicate entries. Although, if the record has a different primary key in the database, the system should have the ability to search for similar records, like all dogs named Spot living at 123 Main Street. If a dog has the same name at the same address then we might have a duplicate record.
Ability to clone animal records for multiple animals such as litters without having to repeat data entry for all information.
44
Item
Requirement
50.
The ability to allow holds to be placed on animals, by authorized staff, for specific reasons. Holds should include tickler date reminders of holds.
51.
Reference guides/user manuals provided (may be electronic)
52.
Citizen access to information on a read only basis on the Animal Services website
53.
Prefer web based application
54.
Prefer hosted off-site on vendor’s servers
55.
The software program will need to reside on a VM type server if City hosted
56.
List of Desired Forms/Reports listed below:
57.
Other Requirements/Information table listed below:
58.
Additional Price Schedule table listed below:
59.
Conversion of existing system data (Note – please price this separately!)
60.
A reporting tool that is user friendly and capable of producing Ad Hoc reports without having to incur additional programming costs, third party expense, or increased maintenance costs due to customizations.
61.
Vendor supplied help desk with a service level agreement described on pages 4 and 5 of this document.
62.
Escrowed version of software with City named as a legal recipient at no additional cost in the event the vendor goes out of business or no longer supports the software for whatever reason.
63.
System must adhere to the Library of Virginia Records Retention schedule for the Commonwealth of Virginia.
64.
The final payment of 15% of the total will be paid to the vendor when the City decides an acceptable testing period has been completed with no outstanding issues left to be resolved.
65.
5 hard copies of system documentation shall be made available to the City in addition to any online copies.
66.
System needs to be integrated with Active Directory (AD) for user authentication, or alternatively, requiring complex passwords that expire and need to be changed periodically.
45
LIST OF DESIRED FORMS/REPORTS Adoption Contract - Prints a contract listing the new owner, animal and any specific requirements for altering the animal in a one page document. Transfer Agreement – Prints an agreement between CAS and a rescue for the transfer of an animal to another agency Release to Owner – Prints a release to an acceptance form for return of a lost animal from CAS to its owner Medical History - Gives the treatment history for the animal listed. Typically used in conjunction with the adoption contract to give the new owner as much information as possible. Kennel Inventory - Lists a description of every animal in the shelter organized by kennel number. Kennel Card - Gives a description of the animal, how it came in, room number and cage number on a half sheet of 8 ½” X 11” page Kennel Card with Profile - The animal card for the cage or enclosure with any profile, photograph and comments about the animal (if available). Kennel Statistics - A set of crosstabs that give the number of animals brought into the shelter by intake type, the number that left by outcome type and those that were received dead or for the purpose of euthanasia. Euthanasia Statistics - Summarizes animal euthanized and the reason for. This report also shows reasons by percentages. Intake and Disposition Report by Month – Prints a report on each animal received, its source or intake type, disposition and disposition type, or whether still in shelter Average Stay At Shelter - A report that totals animals by species and intake type and indicates the average stay, in days, at the shelter. Monthly Cat Trap Report – Prints a report on all cat traps, location of each and length of time at such location.
46
Other Requirements/Information Response: Describe in detail any hardware and/or other item(s) required to operate software at full functionality.
Response: Describe in detail estimated training requirements.
Response: Describe in detail pre-requisites required for employees, for example, computer knowledge skills and abilities. Response: Attach Terms and Conditions and the Software License Agreement. Note: the governing law must be the Commonwealth of Virginia and the City can’t agree to an indemnification term.
47
Attachment G
DIT Technology Standards Update Tracking: Section:
Date of Last Update:
Updated by:
IT Standards - City Operations
7/16/2014
Linwood Robinson
Special Applications
7/16/2014
Linwood Robinson
Servers
7/16/2014
Linwood Robinson
Platform Architecture Standards:
7/16/2014
Linwood Robinson
7/16/2014
Linwood Robinson
7/16/2014
Linwood Robinson
7/16/2014
Linwood Robinson
Data Communication Standards
7/16/2014
Linwood Robinson
Security Standards
10/3/2014
Linwood Robinson
Commonwealth of Virginia – System Record Retention Regulations for City of Chesapeake
10/3/2014
Rodney Bouldin
Vendor Hosted Data Center Standards
10/3/2014
Rodney Bouldin
Application Hosting Standards
10/9/2014
Michelle Burnette
End User Hardware – City Operations Platform Architecture Standards: Component Platform Architecture Standards: Database, Application, File, & Web Servers
Platform Architecture Standards: Application Development
48
City of Chesapeake Department of Information Technology Standards Matrix July 16, 2014 IT Standards - City Operations DESKTOP, LAPTOP: Operating System
Windows 7 SP1, Windows 8.0, Windows 8.1 DESKTOP APPLICATIONS:
Word Processor
Microsoft Word 2013
Spreadsheet
Microsoft Excel 2013
Presentation
Microsoft PowerPoint 2013
Database
Microsoft Access 2003*, 2010*, 2013
E-mail Client
Outlook 2013
Project Management
Microsoft Project 2010
Flowchart
Microsoft Visio Professional 2003*, 2007*, 2010*, 2013
Graphics
Microsoft Publisher 2013 Microsoft Visio Professional 2007*, 2010*, 2013
Web Browser
Microsoft Internet Explorer 8, 9
Report Writer
Crystal Reports* (9, 10, 11) Microsoft SSRS
Mainframe Terminal Emulation
IBM Personal Communication v5.9 SPECIAL APPLICATIONS:
Antivirus
Symantec Endpoint Protection 12 (SEP) on all windows clients and servers
GIS
ESRI ArcGIS Desktop 10.1 , ArcGIS server 10.1
Software and patch Distribution
Microsoft System Center Configuration Manager 2012 (SCCM) SERVERS:
49
Operating System
Microsoft Windows Server 2008 R2, 2012 IBM z/OS* and (Novell/SUSE SLES 11)*
Remote Access
Palo Alto SSL based VPN, Microsoft Remote Desktop
Hardware
HP ProLiant Servers/Blades (Windows) IBM zSeries z9 mainframe*
Backup
Tivoli Storage Manager 6.1x*, Microsoft Data Protection Manager 2012 R2 (DPM)
Storage
HP Left-hand iSCSI SAN, HP 3PAR, Buffalo, IBM DS6800 SAN
E-mail
Microsoft Exchange 2013
Web Application Servers
Microsoft Internet Information Server (latest release) IBM HTTP Server v7, Apache Tomcat Server v6, WebSphere Application Server v7 .NET Framework 4.5, Microsoft SharePoint Server 2013, Windows SharePoint Services 3.0
Communications Protocol
TCP/IP v4 *In use currently, no future development
50
Platform Architecture Standards: End User Hardware – City Operations COMPONENT
DESKTOPS
DESKTOPS
LAPTOPS
LAPTOPS/
32 bit
HIGH END USERS
32 or 64 bit
RUGGEDIZED
64 bit POWER
Single
Single
Single
Single
CPU
Intel
Intel
Intel
Intel
DISK CONFIGURATION
250 GB
500 GB
250 GB
250 GB
RAM
4 GB
8-16 GB
4-8 GB
4-8 GB
MONITOR
17” - 24” Flat Panel LCD
24” Flat Panel LCD
~15” Wide Flat Panel LCD
Flat Panel LCD
INTERFACE CARDS
Gig Nic
Gig Nic
Gig Nic, 802.11a/g
Gig Nic, 802.11a/g
FILE SYSTEM
NTFS
NTFS
NTFS
NTFS
MAINTENANCE
4 YRS.
4 YRS.
4 YRS.
4 YRS.
ADDITIONAL HARDWARE REQUIREMENTS
CDRW/DVDRW
CDRW/DVDRW
CDRW/DVDRW
CDRW/DVDRW
PRE-INSTALL OPTIONS
OS
OS
OS
OS
PREFERRED Mfg./Model
Dell OptiPlex
Dell OptiPlex
Dell Latitude
Panasonic
Lenovo
Platform Architecture Standards: COMPONENT PLATFORM
IOS, Android (some editions), Windows 8, RIM BlackBerry*, Others as necessary
SOFTWARE COMPATIBILITY
Outlook Exchange, Calendar, Address Book with synchronization - via Active Sync - via BlackBerry Enterprise Server* Wi-Fi, TCP/IP, Mobile Broadband, Bluetooth, and USB
CONNECTIVITY
Hand Held Mobile Devices *In use currently, no future development
51
Platform Architecture Standards: Database, Application, File, & Web Servers COMPONENT
ENTERPRISE SERVER*
VIRTUALIZED INTEL BASED SERVERS
PHYSICAL INTEL BASED SERVERS
(IBM zSeries)
TYPE
IBM 2096-R07 F01
HP Blade BL460
HP ProLiant
POWER
Dual
Redundant
Redundant
FAULT TOLERANCE/DISK CONFIGURATION
146 GB, DS6800
Raid 5/10
Raid 1 or 5 Redundant H/W
CPU
Single
Intel
Intel Multi-Core XEON
NETWORK INTERFACE CARDS
Ethernet 1 GB
1GE, 10GE
1 GE, 10 GE
OPERATING SYSTEM(S)
z/OS V1R11
VMware ESXi 5.1,
Windows Server 2008 R2, 2012
Windows 2008 R2, 2012 Novell (SUSE) SLES Linux 11 SP1* MONITOR
Console
KVM
Flat Panel
RAM
32 GB
> 4 GB
4 GB or Greater
FILE SYSTEMS
VSAM
VMFS/NTFS
NTFS
THIRD PARTY SOFTWARE REQUIREMENTS
None
VMWare,
X86 Architecture,
Symantec Endpoint Protection
Symantec Endpoint Protection
1 year 24 X 7,
1 year 24 X 7,
5 yr. on site / 4 Hour
4 hr. onsite
4 hr. onsite
PREFERRED MANUFACTURER
IBM
HP
ADDITIONAL HARDWARE REQUIREMENTS
None
SAN Attached
MAINTENANCE
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HP
STORAGE
IBM DS6800
iSCSI HP Left-hand P4500 G2 Storage Nodes, Buffalo, HP 3PAR
BACKUP
Quantum Dedupe via Luminex,
Quantum Dedupe,
IBM 3592 E05 Tape, 3584 Tape Library
IBM 3592 E05 Tape, 3584 Tape Library, DD630 Dedupe
*In use currently, no future development
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Direct Attached Storage
Platform Architecture Standards: Application Development COMPONENT
MAINFRAME*
LINUX*
DATABASE SOFTWARE
DB2 UDB V10 for Z/OS
DB2 UDB V9.5 for Linux
INTEL
INTERNET / INTRANET
GIS
Microsoft SQL Server 2008/2012,
N/A
Oracle 11g ST_GEOMETRY DB
Oracle* 10g/11g APPLICATION DEVELOPMENT FRAMEWORKS
COBOL
Java
.NET Framework (latest version)
.NET Framework (latest version)
C#
C#
Java
Java
NetCOBOL
NetCOBOL
ColdFusion* 8/9
ColdFusion* 8/9
RDz with EGL
Visual Studio2012,
Visual Studio2012,
8.5.14
Eclipse,
RBD 8.5.11
Team Foundation Server 2012
JAVA-64 EGL
Generol
CICS
DEVELOPMENT TOOLS
RDz with EGL
Python, JavaScript, FlashBuilder 4.6 ArcGIS API for Flex ArcGIS API for JavaScript
ESRI ArcGIS 10.1 Python
TSO
JCL
Eclipse, Team Foundation Server 2012
VIRTUALIZATION
LPARS
VMware
VMware
VMware
AD HOC REPORT TOOLS
IBM Query, Query Analyzer, TOAD. SPUFI
N/A
Crystal Reports*, SQL Reporting
Crystal Reports*, SQL Reporting
HARDWARE MONITORING
OmegaMon
PRTG,
PRTG,
PRTG,
Solar Winds LEM (TriGeo)
Solar Winds LEM (TriGeo)
Solar Winds LEM (TriGeo)
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VMware
VERSION CONTROL
RTCz
RTC 4.0
Team Foundation Server (TFS) 2012
Team Foundation Server (TFS) 2012
N/A
LDAP / DIRECTORY / AUTHENTICATION
RACF
Native operating system (Linux)
Active Directory
Active Directory
Native operating system
DATA AND PROCESS MODELING
MS Visio Professional 2007, 2010
MS Visio Professional 2007, 2010
MS Visio Professional 2007, 2010
MS Visio Professional 2007, 2010
MS Visio Professional 2007, 2010
RDz with EGL
RDz with EGL
JMS, MQ
JMS, MQ
WebServices, JMS, SOAP
WebServices, JMS, SOAP
MIDDLEWARE
*In use currently, no future development
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Web Services, ArcSDE 10.1
DATA COMMUNICATION STANDARDS NETWORK PROTOCOLS TCP/IP v4
NETWORK INTERFACE CARDS Mother Board
Primary NIC
Secondary NIC
Laser Printer NIC
Ethernet
Ethernet
Ethernet
Ethernet
CABLING STANDARDS Horizontal (cabling and pathways) Current
Outlets
Future
Current
CAT 5e, 6
Future
CAT 5e Cabling, 6
Between Buildings/Backbone Current
Future
Multimode Fiber
Also wireless
NETWORK HARDWARE Routing
Switching
Firewalls
Cisco
Cisco Catalyst
Palo Alto Firewall
Load Balancers
Wireless (Wi-Fi)
Alteon
Aruba Networks 802.11g/n/ac
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VOICE COMMUNICATIONS NETWORK STANDARDS LEC Provider
PBX
VoIP
DESKTOPS phones
ACD
IVR
COX
Unify HiPath 4000
Unify
Unify Digital/VoIP Phones
Unify Contact Center
Selectron
PERIPHERALS Printers (All Formats)
High Speed Scanning
Networked Copiers
HP, Dell, IBM
Fujitsu
XEROX WorkCentre
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Security and Records Retention Security Standards Every user must have a unique UserID. No shared User IDs can be required by the application, nor will they be allowed by the City. Integration with City Active Directory is preferred for all user authentication. The following are enforced by Active Directory and must be supported by the application software. If no integration with Active directory, then application software must enforce these itself. Password length of 8 characters and greater must be supported. Minimum length can be configured by the City Passwords must be complex (Windows password complexity rules preferred: password must contain 3 of the following 4 categories of characters, lower case letters, upper case letters, numerals, special characters) Password expiration supported and configurable by the City Password history supported and configurable by the City User account lockout for excessive failed logon attempts supported and configurable by the City All vendor supplied installation and administrative passwords must be changeable by the City. They must be changed before going into production. The application must provide for setting user access rights to match the user’s job role. For example, a user must not be required to have overall administrative rights to perform non-administrative functions. If Social Security Numbers are used or processed by the system, they must be encrypted both when stored and when transmitted over the network.
Commonwealth of Virginia – System Record Retention Regulations for Chesapeake
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Vendor Hosted Data Center Standards 1. The current desirable data center certification for service providers is SSAE16 Type 2 with SOC-2 or SOC-3. 2. http://www.aicpa.org/InterestAreas/InformationTechnology/Resources/TrustServices/DownloadableDocu ments/10957-378%20SOC%20Whitepaper.pdf
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City of Chesapeake Application Hosting Standards Updated October 9, 2014 Any vendor providing hosting services for the City of Chesapeake, must meet or exceed the following requirements:
Data Center Security o The primary data center may not be located in an area prone to natural disaster (Flood zone, earthquakes / fault lines) o The primary data center may not be located next to airports or other volatile facilities. o The secondary data center must be more than 50 miles away from the primary data center o The data center must have physical security measures in place to include the following or an acceptable / agreed upon substitution: Auditable building access control system allowing only authorized personal access to City data Background checks for all data center employees Security cameras to provide coverage for past 30 days or longer Enclosed server room(s) Climate control system o Data Security Any connections between our site and the hosted sites would need to be fully encrypted, either SSL or IPsec. Hosted sites should be protected by modern firewalls along with full IPS threat protections. City data should be separated from other company’s data with proper access controls. Full anti-virus and anti-malware clients should be on all systems and updated regularly. Disaster Recovery o Documented disaster recovery plan o Redundant power supplies / Generators o Redundant communication lines for voice and data o Database backups to be completed no less than once daily o Transaction log backups to be completed hourly o Ability to copy production to test database at the city’s request. o Ability to monitor backups and use SQL to run and monitor jobs if needed. o Ability to keep files and scripts on disk, for database and application maintenance if needed. o Ability to restore production from backup to main host site or backup site. o Retention of backups according to the following requirements: weekly backups for at least one year daily backups for 45 days transaction logs for three weeks o Retention of special “gold” copies for archival or restore purposes Ownership of Data / Access to data o The City of Chesapeake retains ownership of all data o City of Chesapeake data may not be shared or access by any 3rd party vendors o All data must be exported and returned to the City of Chesapeake at the time of contract completion / termination.
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o
The City of Chesapeake will be granted access to data for reporting purposes
Environments o Vendor must provide a minimum of two environments. One for production, the other for development / testing. Support / SLA’s o Technical support must be available during normal working business hours, currently 8am – 5pm EST. o A minimum of two weeks’ notice must be provided for all scheduled outages. o All upgrades and patches must be scheduled o Vendor must receive sign off from City prior to applying upgrades or patches o Vendor must provide sufficient infrastructure and services to meet performance expectations o Contact numbers for off hours DBA support. o Host DBA/Server support to be online within the hour. Certification o Data center should hold SSAE16 Type 2 with SOC-2 or SOC-3 Certification
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