County of Orange
Bid 017-C003155-DB
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Solicitation 017-C003155-DB
Legal Case Management Software System
Bid designation: Public
County of Orange
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County of Orange
Bid 017-C003155-DB
Bid 017-C003155-DB Legal Case Management Software System Bid Number
017-C003155-DB
Bid Title
Legal Case Management Software System
Bid Start Date
May 6, 2015 3:43:05 PM PDT
Bid End Date
Jun 2, 2015 4:00:00 PM PDT
Question & Answer End Date
May 15, 2015 4:00:00 PM PDT
Bid Contact
Grace S Gutierrez
Standard Disclaimer
The County of Orange is not responsible for and accepts no liability for any technical difficulties or failures that result from conducting business electronically.
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Addendum # 1 New Documents Legal Case Management System RFP - Amendment 1.docx Changes were made to the following items: Legal Case Management Software System
Description The County of Orange, County Executive Office – Office of Information Technology (“CEO/IT”), on behalf of the Office of the Public Defender (“County”), is soliciting Proposals from interested and qualified firms (“Offeror” or “Offerors”) to provide a Legal Case Management Software (“LCM”) System to the County. The LCM System shall include, but is not limited to, software licenses, software implementation, software integration, software training, training documentation and manuals, and annual software maintenance and support. The LCM System also must be able to integrate with other County of Orange owned and non-owned software systems through industry-standard interfaces. Please note that the County is NOT seeking the development of a customized LCM System. Instead, the County is seeking the provision of a license to existing and fully operational COTS LCM System. The Offeror’s proposed LCM System solution is to provide all the functionality that will fulfill or exceed the requirements and conditions set forth in this RFP without the need for manufacturer product customization or Value Added Reseller (VAR) consulting services. The proposed LCM System solution must be able to integrate with other County of Orange owned and non-owned software systems through industry-standard interfaces. Submission of Written Questions and Requests for Clarification Deadline - May 15, 2015, 4:00 P.M. (PST) Proposal Close Date and Time : Clearly identified Proposals and Cost/Compensation documents are due on or before 4:00 p.m. (PST) on June 2, 2015. Bid Contact: Tim Shears - 1-714-567-7488 E-Mail:
[email protected] Added on May 8, 2015: Please note: This RFP has been amended to update the number of copies of proprosals required to be submitted as follows: 1 Original signed copy of Offeror's Proposal 8 Photocopies of Offeror's Proposal 8 Compact Disc (CD-ROM) or USB Flash Drive copies of Offeror's Proposal Please see attached amendment # 1 for more information. Addendum # 1
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County of Orange
Bid 017-C003155-DB
COUNTY OF ORANGE CEO/IT
REQUEST FOR PROPOSAL FOR: OFFICES OF THE PUBLIC DEFENDER LEGAL CASE MANAGEMENT SOFTWARE (LCM) SYSTEM
RFP NO. 017-C003155-DB FILE FOLDER C003155
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County of Orange
REQUEST FOR PROPOSAL COUNTY OF ORANGE CEO/IT Division 1501 E. St. Andrew Place Suite 200 Santa Ana, CA 92705 (714) 567-7506
PROPOSALS MUST BE RECEIVED BY OR PRIOR TO:
4:00 P.M. ON OR BEFORE
Bid 017-C003155-DB INSTRUCTIONS 1. SUBMIT 1 ORIGINAL, 7 COPIES AND 7 USB or CD ROM IN MS WORD (PREFFERED) OF YOUR PROPOSAL 2. RETURN THIS PAGE SIGNED, WITH PROPOSAL. 3. ALL PROPOSALS AND COST/COMPENSATION DOCUMENTS ARE TO BE IDENTIFIED WITH RFP #017-C003155-DB AND DELIVERED SIMULTANEOUSLY IN SEPARATE SEALED ENVELOPES OR PACKAGES.
June 2, 2015 Proposal Number
RFP Release Date: May 6, 2015
017-C003155-DB
County CEO/IT File Folder Number: C003155
REQUEST FOR PROPOSAL (“RFP”) COVER PAGE Project Title: Legal Case Management Software (“LCM”) System The County of Orange, County Executive Office – Office of Information Technology (“CEO/IT”), on behalf of the Office of the Public Defender (“County”), is soliciting Proposals from interested and qualified firms (“Offeror” or “Offerors”) to provide a Legal Case Management Software (“LCM”) System to the County. The LCM System shall include, but is not limited to, software licenses, software implementation, software integration, software training, training documentation and manuals, and annual software maintenance and support. The LCM System also must be able to integrate with other County of Orange owned and non-owned software systems through industry-standard interfaces. Refer to Section III – Model Contract, Attachment A, of this RFP for the Scope of Work to be performed under the awarded contract(s) (“Contract”). The Offeror‟s Proposal for a LCM System shall be in accordance with the terms and conditions set forth in Section III – Model Contract, including Attachments and Exhibits. The Contract will be a fixed fee Contract between the County and the selected Offeror(s). This RFP is set out in the following format: SECTION I. Introduction and Instructions to Offerors SECTION II. Proposal Response Requirements/Minimum Qualifications SECTION III. Model Contract PROPOSALS ARE DUE ON OR BEFORE June 2, 2015 AT 4:00 PM Pacific Standard Time (PST). Proposals and Cost/Compensation documents must be submitted simultaneously and in separate sealed packages. See complete instructions in Section I. All questions and inquiries related to this RFP shall be directed to: The Office of Information Technology, Attn: Tim Shears, Contracts Administrator, via the BidSync Website at www.BidSync.com [RFP #017-C003155-DB]. For BidSync assistance only, please contact BidSync Vendor Support Team at 800-990-9339 Customer Care Option. Offerors are not to contact other County personnel with any questions or clarifications concerning this RFP. The Contract Administrator shall provide all official communication concerning this RFP. Any County response other than a written response from the Contract Administrator is not authorized by the County and the County bears no responsibility for any and all reliance upon the unauthorized communication. I HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS HEREWITH AND I AM SUBMITTING A RESPONSE TO THIS SOLICITATION. Date
Company Name
*Authorized Signature
Print Name
Title
*Authorized Signature
Print Name
Title
* If a corporation, this document must be signed by two corporate officers. The first signature must be either the Chairman of the Board, President, or any Vice President. The second signature must be the Secretary, an Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer. ** RETURN THIS SHEET (Fully Signed) WITH YOUR PROPOSAL ** County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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Bid 017-C003155-DB
TABLE OF CONTENTS Page No. COVER PAGE ........................................................................................................................ 1 TABLE OF CONTENTS ........................................................................................................ 2 SECTION I: INTRODUCTION AND INSTRUCTIONS TO OFFERORS A. Introduction ............................................................................................................. 5 B. Proposed RFP Time Schedule ................................................................................. 6 C. Instructions to Offeror and Procedures for Submittal .............................................. 6 D. Evaluation Process and Criteria ............................................................................ 10 E. Selection/Award Procedures .................................................................................. 11 F. Protest Procedures .................................................................................................. 12 G. County of Orange Child Support and EDD Requirements .................................... 12 SECTION II: PROPOSAL RESPONSE REQUIREMENTS/MINIMUM QUALIFICATIONS Minimum Qualifications ............................................................................................ 16 Part 1 1. Signed RFP Cover Page/Addenda of RFP ........................................................... 17 2. Minimum Qualifications and Requirements Statement ....................................... 17 3. Validity of Proposal ............................................................................................. 17 4. Certification of Understanding ............................................................................ 17 5. Certificate of Insurance ........................................................................................ 18 6. Financial Information........................................................................................... 18 7. Bankruptcy Information ....................................................................................... 18 8. Pending Litigation................................................................................................ 18 9. Child Support Enforcement and EDD Independent Contractor Requirements.... 19 10. Conflict of Interest ............................................................................................... 19 11. Statement of Compliance ..................................................................................... 19 12. Confidential or Proprietary Information or Documents....................................... 20 13. Civil Rights .......................................................................................................... 20 14. Lobbying .............................................................................................................. 20 15. Debartment........................................................................................................... 21 Part 2 Company Profile......................................................................................................... 22 Part 3 Offeror‟s Proposal ...................................................................................................... 24 Part 4 References .................................................................................................................. 28 SECTION III: MODEL CONTRACT Table of Contents ................................................................................................. 30 Model Contract .................................................................................................... 32 Attachment A: Scope of Work ............................................................................. 51 Attachment B: Cost/Compensation...................................................................... 61 Attachment C: Staffing Plan ................................................................................ 64 Attachment D: Implementation Plan, Acceptance and Testing Procedures......... 65 Attachment E: Annual Maintenance and Support................................................ 66 County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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Bid 017-C003155-DB
Appendices: Appendix 1: LCM System Requirements Chart .................................................. 68
EXHIBITS Exhibit I - Child Support Certification Requirements ......................................... 76 Exhibit II – EDD Reporting Requirements .......................................................... 79
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County of Orange
Bid 017-C003155-DB
SECTION I INTRODUCTION AND INSTRUCTIONS TO OFFERORS
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County of Orange
Bid 017-C003155-DB
SECTION I. INTRODUCTION AND INSTRUCTION TO OFFERORS A. Introduction The Office of the Public Defender (“County”) is seeking proposals from interested and qualified software and/or service firms to provide a commercial, off-the-shelf (COTS) LCM System that addresses the County‟s business needs. The LCM System shall include, but is not limited to, software licenses, software implementation, software integration, software training, training documentation and manuals, and annual software maintenance and support. Refer to Section III – Model Contract, Attachment A, of this RFP for the Scope of Work to be performed. Please note that the County is NOT seeking the development of a customized LCM System. Instead, the County is seeking the provision of a license to existing and fully operational COTS LCM System. The Offeror‟s proposed LCM System solution is to provide all the functionality that will fulfill or exceed the requirements and conditions set forth in this RFP without the need for manufacturer product customization or Value Added Reseller (VAR) consulting services. The proposed LCM System solution must be able to integrate with other County of Orange owned and non-owned software systems through industry-standard interfaces. Background The County currently uses LegalEdge American Defender (LegalEdge) as its legal case management system. LegalEdge provides the County with the ability to open new cases, to process ongoing cases and to close adjudicated cases. It also provides canned reports for users and an ability for the system administrator to create ad-hoc reports and retrieve statistical information. LegalEdge runs on a Microsoft Windows 2008 R2 platform for the front end and Microsoft Structured Query Language (SQL) 2008 for the database. The County has determined that LegalEdge lacks the capability to support the County‟s future uses of a legal case management software system. The future uses include, but are not limited to, the following: (1) (2) (3) (4) (5) (6) (7) (8) (9)
Exchange of e-Discovery with the District Attorney‟s Office; E-file with the Orange County Superior Court of California (Court); Receipt of daily Court information (e.g., Court calendars, Court docket information, etc.); Access to the Sheriff Department‟s booking photos and housing information; Access to the Probation Department‟s probation violation petitions and supporting documentation; Access to the Public Defender‟s Juvenile fee billing; Receipt of County Counsel‟s petitions and e-filings; Access to the Auditor Controller for Public Defender‟s Adult fee billing; and Receipt of Public Guardian‟s/Health Care Agency‟s/Assisted Outpatient Treatment‟s petitions and efilings.
The proposed LCM System must allow integration with the software systems used by the above identified entities. The proposed system also must have a complete electronic file, including a file for all discovery documents (e.g., Police Reports, videos, transcripts, etc.), that is to replace the County‟s existing paper files. It also must be capable of providing the County‟s staff access via tablet or mobile phone to the complete client electronic file from Courtrooms, jails, and other facilities.
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Bid 017-C003155-DB
B. Proposed RFP Time Schedule Date
Action
May 6, 2015
Release of RFP
May 15, 2015
Submission of Written Questions and Requests for Clarification Deadline - 4:00 P.M. (PST)
June 2, 2015
Proposal Close Date and Time - 4:00 P.M. (PST)
June 4, 2015
Evaluation of Proposals Begins
TBD
Optional web-based Presentation / Demonstrations
8/25/2015
Presentation of Recommendation of Award to County Board of Supervisors for Approval
Please note that the County reserves the right to modify the proposed RFP time schedule in its sole and absolute discretion if the County determines a modification is necessary. C. Instructions to Offeror(s) and Procedures for Submittal 1. Proposal Close Date and Time: Clearly identified Proposals and Cost/Compensation documents are due on or before 4:00 p.m. (PST) on June 2, 2015 and are to be delivered simultaneously (mailed or dropped off in person) in separate sealed packages to: Re:
RFP #017-C003155-DB RFP Title: Legal Case Management Software (LCM) System
Attn:
Tim Shears County of Orange CEO/IT Division 1501 E. St. Andrew Place, Suite 200 Santa Ana, CA 92705
Facsimile and e-mail proposals will NOT be accepted. If Dropping the Proposal off in Person: The delivery location for the receipt of Proposals is “1501 E. St. Andrew Place, Suite 200, Santa Ana, CA 92705”. Delivery receipts are available upon request. A courtesy phone is available in the lobby on the 1st floor of the building to contact the CEO/IT Contracts Division with any questions. CEO/IT Regular Business Hours: Monday through Friday
8:00 A.M. to 5:00 P.M. (PST)
Closed for Holidays: Memorial Day County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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County of Orange
Bid 017-C003155-DB
Upon delivery of the Proposal and Cost/Compensation documents, the County CEO/IT Contracts Division will note the date/time of delivery on the outside of the Proposal. It is the responsibility of the Offeror to ensure that delivery of the Proposal is made to the County CEO/IT Contracts Division prior to the Proposal Close Date and Time. The County must receive all Proposals no later than the Proposal Close Date and Time. The County will not accept any late Proposal. 2. Clarifications: The County has attempted to provide all information available. It is the responsibility of each Offeror to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. If any person contemplating submitting a Proposal in response to this RFP is in doubt as to the true meaning of any part of the RFP documents attached hereto or finds discrepancies in or omissions from the specifications, they may submit a written request for clarification.
Send Written Questions and Requests for Clarification to: Tim Shears, Contracts Administrator, via the BidSync website (RFP # 017-C003155-DB).
For BidSync assistance only, please contact BidSync Vendor Support Team at 800-990-9339 Customer Care Option.
Written Questions and Requests for Clarification must be submitted in writing by 4:00 p.m. (PST) on May 15, 2015.
The person submitting the Written Questions or Requests for Clarification is responsible for ensuring the prompt and timely submission of such questions or requests.
If clarification or interpretation of this RFP is considered necessary by the County, a written addendum shall be issued and posted to the BidSync website. Any interpretation of, or correction to this RFP, will be made only by written addendum posted to the BidSync website issued by Tim Shears, Contracts Administrator. It is the responsibility of each Offeror to ensure they receive and review any and all addenda and attachments to this RFP. The County shall not be responsible for any other explanations, corrections to, or interpretations of the RFP documents, including any verbal information. 3. Pre-Proposal Conference: The County will NOT host a PRE-PROPOSAL CONFERENCE for RFP # 017-C003155-DB. 4. Validity of Proposals: Proposals must be valid for a period of at least three hundred sixty five (365) calendar days from the Proposal Close Date and Time. No Proposal may be withdrawn after the Proposal Close Date and Time. 5. Proposal Copies: Each Offeror must provide the following:
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One (1) original signed copy of Offeror’s Proposal The Offeror‟s original signed Proposal is to be clearly marked as “ORIGINAL” on the outside cover and contain original ink signatures. Offeror‟s Attachment B – Cost Compensation section shall be submitted in a separate sealed envelope and marked accordingly. Proposals are not to be marked as Page 7 of 80 PD File Folder C003155 p. 10
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Bid 017-C003155-DB
confidential or proprietary and must not contain confidential, proprietary, or trade secret information.
Seven (7) photocopies of Offeror’s Proposal The Offeror‟s photocopies of the signed Proposal are to be clearly marked as “COPY” on the outside cover. The photocopies of the Offeror‟s Attachment B - Cost Compensation section shall be submitted in a separate sealed envelope and marked accordingly. Proposals are not to be marked as confidential or proprietary and must not contain confidential, proprietary, or trade secret information.
Seven (7) Compact Disc (CD-ROM) or USB Flash Drive copies of Offeror’s Proposal The Offeror‟s CD or USB Flash Drive copies of the Proposal shall contain the Offeror‟s Proposal in Microsoft Word file/version and contain the Offeror‟s Attachment B - Cost Compensation in Microsoft Excel file/version.
6. Submission Format: All Proposals must be submitted on standard 8.5 x 11-inch paper. All pages must be numbered and identified sequentially by section. All responses shall be typewritten or word-processed (except where otherwise provided or noted), in paper and electronic formats, in a concise and straightforward manner, and should fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents, may be referenced in any response, provided the material is included in the same section as the additional information is referenced. Proposals must be bound, tabbed and indexed in accordance with the information requested in Section II, Proposal Response Requirements. The electronic versions of all Proposals must be submitted on a CD-ROM disk or USB Flash Drive and must include: 1. Company Profile, Company Information, and Company Statement of Qualifications (Microsoft Word format); 2. Model Contract, with any additions or deletions shown using “track changes” (Microsoft Word format); and 3. Scope of Work and all Attachments, with any additions or deletions shown using “track changes” (Microsoft Word format). It is not necessary to include an electronic version of the Cover Page or other certifications included in Section II., Part 1, of this RFP. Those items should be submitted in hard copy, with original signatures on the copy marked “ORIGINAL”. In addition, it is not necessary to include an electronic version of audited financial reports, marketing brochures or similar additional information. It is imperative that all Offerors responding to this RFP comply exactly and completely with the instructions set forth herein. 7. Confidential, Proprietary, or Trade Secret Information: Proposals are not to be marked as confidential or proprietary and must not constitute or contain confidential, proprietary, or trade secret information. The County may refuse to consider any proposal so marked.
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Proposals submitted in response to this RFP may become subject to public disclosure per the requirements of the California Public Records Act, Government Code Section 6250 et seq. Please be advised that all information and documents submitted to the County by Offeror shall become nonconfidential, non-proprietary, non-trade secret, public records without exception and subject to public disclosure by the County at any time without prior notice to Offeror. The County shall not be liable in any way for disclosure of any such records or part thereof related to this RFP or any Proposal, including, but not limited to, evaluations, proposals, or any other information or records. In submitting the information and documents, the Offeror is agreeing to the County‟s release of such information and documents in response to a Public Records request without further notice to the Offeror and is agreeing to indemnify and hold harmless the County for release of such information and documents. Furthermore, all Proposals shall become the exclusive property of the County. The County reserves the right to make use of any information or ideas contained in the Proposals submitted without exception. By submitting information and documents to the County as part of this RFP, Offerors acknowledge and agree to the terms of this Section 7. 8. Qualifications: By submitting a Proposal, the Offeror represents that it thoroughly examined the County‟s requirements, it is familiar with the services required under this RFP, and it is qualified and capable of providing the services to achieve the County‟s objectives. 9. Compliance: Each Offeror must submit a Proposal in strict accordance with all requirements of this RFP and such compliance must be stated in the Proposal. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items for the County‟s consideration, as specified in Section II., Part 1, sub section 11, Statement of Compliance. The County, in its sole and absolute discretion, may reject a Proposal if it is conditional, incomplete or deviates from specifications in this RFP. 10. Presentations/Demonstrations: After the Proposal Close Date and Time, evaluation and, if requested by the County, presentations/demonstrations will commence. Offerors that submit a Proposal most responsive to the County‟s requirements in this RFP, and thereby receive the highest scores in the evaluation process, may be invited to give a web-based demonstration of the Offeror‟s proposed LCM System solution to County staff, including a demonstration of the LCM System‟s functionality and capabilities. This web-based demonstration will be provided to the County at no cost to the County. Refer to the Proposed RFP Time Schedule in Section 1, Item B, for when the oral presentation may be scheduled. Invited Offeror(s) should be prepared to conduct a web-based demonstration within seven (7) calendar days after notification and be prepared to discuss all aspects of the Proposal in detail. Invited Offeror(s) are not allowed to alter or amend the Proposal through the use of the presentation/demonstration process. Invited Offeror(s) who cannot attend the presentation/demonstration scheduled as requested may be subject to elimination from the selection process at the County‟s sole and absolute discretion. 11. County Rights: The County reserves the right to negotiate modifications with any Offeror as necessary to serve the best interests of the County. The County also reserves the right to waive, at its sole and absolute discretion, any procedural irregularity, immaterial defects or other improprieties which the County deems reasonably correctable or otherwise not warranting rejection of the Proposal. Any waiver will not excuse a proponent from full compliance with all other sections of this RFP. County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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12. Expenses: Pre-contractual expenses are not to be included in the Attachment B - Cost Compensation. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the Offeror in: a) preparing the Proposal in response to this RFP; b) submitting the Proposal to the County; c) negotiating with the County any matter related to the Proposal; and d) any other expenses incurred by the Offeror prior to the date of award and execution, if any, of the Contract. 13. Notice: The County reserves the right to: a) negotiate the final Contract with any Offeror(s); b) withdraw this RFP in whole or in part at any time without prior notice; c) award this RFP‟s total requirements to one Offeror or to apportion those requirements among two or more Offerors; and d) reject any Proposal if it is conditional, incomplete or deviates significantly from the services requested in this RFP. The County makes no representation that any Contract will be awarded to any Offeror responding to this RFP. Moreover, the County may not conduct negotiations with Offeror(s); therefore, the Proposal submitted should contain the Offeror’s most favorable terms and conditions given the County may make the selection and award without further discussion with any Offeror. 14. Joint Venture: Where two or more Offerors desire to submit a single Proposal in response to this RFP, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture. 15. Lobbyist: The County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business. D. Evaluation Process and Criteria Proposals will be evaluated on the basis of the responses to all requirements in this RFP contained in the written materials submitted in the Proposal. The RFP Evaluation Panel will determine which Proposals meet the minimum RFP requirements. For the Proposals that meet the minimum RFP requirements, the RFP Evaluation Panel will evaluate and score each Proposal using established criteria that have been weighted based on the purposes of this RFP. The RFP Evaluation Panel will assign points that measure the responsiveness to each established criterion. The total points earned for each Proposal will be tallied and, based on the total points earned, the Proposals will be rank-ordered. The RFP Evaluation Panel will use, but is not limited to, the following criteria in the evaluation and comparison of each Proposal. No inference is to be drawn concerning relative importance of the criteria based on the order presented. Responsiveness of Proposal Proposal demonstrates an understanding of the County‟s requirements as set forth in this RFP. Quality of Proposal Proposal‟s detail, clarity, presentation and overall contents. Proposal‟s completeness of response. Quality of Proposed LCM System Solution Proposal‟s overall solution for the County‟s LCM System requirements. Proposal‟s available features in the proposed LCM System solution. Offeror‟s ability to fulfill the County‟s LCM System requirements pursuant to the proposed LCM solution. Offeror‟s resources available to deliver the products/services identified in the Proposal. County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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Company Qualifications Offeror‟s expertise in the work set forth in this RFP. Offeror‟s length of time in business, especially the length of time in business providing work similar to that set forth in this RFP. Offeror‟s staff‟s experience, especially staff‟s experience in working with an LCM System similar to that set forth and required by this RFP. Offeror‟s references in providing an LCM System design and scope similar to the work set forth and required by in this RFP. Offeror‟s organization and financial structure. Pricing/Cost Best value/price for the overall solution for the County‟s LCM System requirements. Compliance with County Terms & Conditions Proposal‟s degree of compliance with the County Model Contract Terms, including the Attachments, Exhibits and Appendices. Following the initial written evaluation process, the highest ranking Offeror(s) may be required to complete an additional questionnaire regarding more specific processes and capabilities and to provide additional pricing information. The highest ranking Offeror(s) also may be required to provide an on-site interview or clarification related to the requested and/or proposed services in the Proposal or may be invited to provide an oral presentation of the Proposal and/or on-site or web-based demonstration of the proposed product/services. The RFP Evaluation Panel may score the Offeror(s) based on performance of these additional requirements and use this score in making a final recommendation for award. These additional requirements will take place before the final recommendation for award to the County of Orange Board of Supervisors and any Contract negotiations. E. Selection/Award Procedures Upon completion of the evaluation process, the RFP Evaluation Panel will make a recommendation for award to the Contract Administrator. The recommendation for award may be presented to the County of Orange Board of Supervisors either for approval to negotiate with the top ranked Offeror(s) or for approval of the Contract for the services requested in this RFP. The Model Contract contained in Section III of this RFP is the Contract proposed for execution. It may be modified to incorporate additional Scope of Work details, negotiated items, and other pertinent terms and conditions set forth in this RFP, including special conditions and requirements and those added by addendum, necessary attachments, and to reflect the Offeror‟s Proposal and qualifications. The County reserves the right to add or delete provisions, terms, or conditions to support the final proposed LCM System solution. Any exceptions to the terms and conditions of the proposed Contract or the statements regarding Offeror‟s inability to comply with any of the provisions thereof are to be declared in the Offeror‟s Proposal, Section II entitled “Proposal Response Requirements”. Any additional exceptions to the terms and conditions made by any Offeror after submission of the Proposal may result in elimination from further consideration. The County may not conduct negotiations with the finalist(s); therefore, the Proposal should contain the Offeror‟s most favorable terms and conditions given the County may make the selection and award without further discussion or request for clarification. If a satisfactory Contract cannot be negotiated in a timely manner with the selected Offeror(s), the County, in its absolute and sole discretion, may terminate negotiations with the selected Offeror(s) and begin Contract negotiations with the next finalist(s). County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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F. Protest Procedures Any actual or prospective Offeror who would like to allege a grievance in the solicitation or award of the Contract may submit a protest to the DPA. All protests shall be type-written on the protester‟s letterhead and submitted in accordance with the provisions stated herein. Protest of Bid/Proposal Specifications Deadline: All protests related to the RFP bid or proposal specifications must be submitted to the DPA no later than five (5) business days prior to the Proposal Close Date and Time. The County will not consider any protests received after the five (5) business day deadline. In the event the protest of the RFP bid or proposal specifications is denied and the protester wishes to continue in the solicitation process, the protester must still submit a Proposal on or before the Proposal Close Date and Time in accordance with the submittal procedures provided in this RFP. Protest of Award of Contract Deadline: All protests related to the award of the Contract must be submitted to the DPA no later than five (5) business days after the DPA provides notice of the proposed contract award. The County will not consider any protest relating to a proposed contract award received after the five (5) business day deadline. Protest Process: All protests shall include at a minimum the following information: • The name, address and telephone number of the protester; • The signature of the protester or the protester‟s representative; • The solicitation or contract number; • A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested. In the event of a timely protest, the County shall not proceed with the solicitation or award of the Contract until the Deputy Purchasing Agent, the County Purchasing Agent or the Procurement Appeals Board renders a final decision on the protest. The DPA will, within ten (10) business days after receipt of a timely protest, issue a written decision that states the reasons the protested action(s) was (were) taken. Once the DPA provides a written decision (which shall be placed in the procurement file), the County may determine, in its sole and absolute discretion, that an immediate award of the Contract is necessary to protect the substantial interests of the County. This decision to award a Contract will in no way compromise the protester‟s right to appeal the DPA‟s written decision. Appeal Process: If the protester disagrees with the DPA‟s decision, the protestor may submit a written notice to the Office of the County Purchasing Agent to request an appeal to the Procurement Appeals Board. The protester must submit a written appeal to the Office of the County Purchasing Agent within three (3) business days from receipt of the DPA‟s written decision. The County Purchasing Agent will review all materials in connection with the protest, assess the merits of the protest and provide a written determination that shall contain the County Purchasing Agent‟s decision on whether the protest shall be forwarded to the Procurement Appeals Board within fifteen (15) business days from receipt of the protester‟s written appeal. County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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The County Purchasing Agent‟s decision on whether the appeal is allowed to go forward is final and there is no right to any administrative appeal of this decision. G. Orange County Child Support and EDD Independent Contractor Reporting Requirements 1. Orange County Child Support Requirements - (DO NOT COMPLETE THIS FORM AT THIS TIME) In order to comply with the child support enforcement requirements of the County, within ten (10) business days of notification of the selection of award of the Contract but prior to the official award of the Contract, the selected Contractor agrees to furnish to the Contract Administrator: A.
In the case of an individual Contractor, his/her name, date of birth, Social Security number, and residence address;
B.
In the case of a Contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of ten (10) percent or more in the contracting entity;
C.
A certification that the Contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
D.
A certification that the Contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply.
Failure of the Contractor to timely submit the data and/or certifications required may result in the Contract being awarded to another Contractor. In the event a Contract has been issued, failure of the Contractor to comply with all federal, state, and local reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the Contract. Failure to cure such breach within sixty (60) calendar days of notice from the County shall constitute grounds for termination of the Contract. (Upon County request, Offeror shall utilize the form provided in Section III – Model Contract, Exhibit I, to satisfy this requirement) 2. EDD Independent Contractor Reporting Requirements - (DO NOT COMPLETE THIS FORM AT THIS TIME) Effective January 1, 2001, the County is required to file federal Form 1099-Misc for services received from a “Service-provider” to whom the County pays $600 or more or with whom the County enters into a Contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term “Service-provider” is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as “an individual who is not an employee of the Service recipient for California purposes and who received compensation or executes a Contract for services performed for that Service recipient within or without the state.” The term is further defined by the California Employment Development Department to refer specifically to independent contractors. An independent Contractor is defined as “an individual who is not an employee of the government entity for California purposes and who receives compensation or executes a Contract for services performed for that ... government entity either in or outside of California.” The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.
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Additional information on this reporting requirement can be found at the California Employment Development Department web site located at: http://www.edd.ca.gov/Payroll_Taxes/FAQ_-_California_Independent_Vendor_Reporting.htm. (Upon County request, Offeror shall utilize the form provided in Section III – Model Contract, Exhibit II, to satisfy this requirement)
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SECTION II PROPOSAL RESPONSE REQUIREMENTS/ MINIMUM QUALIFICATIONS
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SECTION II: PROPOSAL RESPONSE REQUIREMENTS/MINIMUM QUALIFICATIONS Proposals must be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis. Proposals must include Four (4) Tabbed Sections in order as follows: Part 1: Offeror‟s Concurrence/Compliance Part 2: Offeror‟s Company Profile Part 3: Offeror‟s Proposal Part 4: Offeror‟s References Proposals must list the questions and responses and/or attachments as numbered and listed in each section.
Minimum Qualifications The following are the minimum qualifications for an Offeror to be considered an eligible candidate to submit a Proposal for the services described in this RFP. 1. Offeror must be a licensed publisher/manufacturer or a licensed distributor of the proposed LCM System solution. 2. Offeror must have a minimum of three (3) consecutive years of company experience in providing and maintaining the proposed LCM System solution of the size and nature requested in this RFP. 3. Offeror‟s project management and technical personnel to be assigned shall have a minimum of three (3) years of experience in performing services similar to the services listed in Section III., Attachment A, Scope of Work. 4. Offeror must have completed a minimum of five (5) installations of the product, including licensing and maintenance, in the recommended or a similar proposed LCM System solution. Please identify recent installations, the scope of the installations, the dates of the installations, and the references of businesses who retained Offeror (individual contact information) for the installations. 5. Offeror must have a minimum of three (3) consecutive years of company experience in providing similar legal case management system to private and/or public businesses of similar size and scope. 6. The proposed LCM System solution must have been successfully implemented in other Counties‟ Public Defender Departments for a minimum of three (3) years. 7. The proposed LCM System solution must have the ability to allow a minimum of five hundred (500) users to access the LCM System simultaneously.
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Part 1: Offeror’s Concurrence/Compliance (Complete this section and submit as Part 1 in first tabbed section of Proposal) 1. Signed RFP Cover Page/Addenda/Exhibits of RFP All Proposals shall include, in this first tabbed section, the RFP Cover Page (page 1 of RFP) and any subsequent Addenda or Attachments or Exhibits issued in connection with this RFP with appropriate signatures*, as required. An unsigned or improperly signed Proposal may be grounds for rejection of the Proposal and disqualification of the Offeror from further participation in this RFP process. *The RFP Cover Page must be signed by person(s) with authority to bind the Offeror. If the Offeror is a corporation, then the signature of two (2) corporate officers is required. The first signature must be one of the following: a) the chairman of the Board; b) the president; or c) any vice president. The second signature must be one of the following: a) the secretary; b) the chief financial officer; c) any assistant secretary; or d) any assistant treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signator to bind the corporation. By signing the RFP Cover Page, the Offeror agrees to the following items (2 through 12) listed below: 2. Minimum Qualifications and Requirements Statement Offeror hereby certifies that the Proposal meets all minimum qualifications set forth in this RFP, Section II. Signature:
________________
Date:
3. Validity of Proposal The County requires that all Proposals be valid for at least three hundred and sixty five (365) days from the Proposal Close Date and Time. Proposals which are not valid for at least three hundred and sixty five (365) days will be considered non-responsive and subject to rejection in the County‟s sole and absolute discretion. Please state for how long this Proposal will be valid: ______________. Offeror hereby certifies that Offeror‟s Proposal is valid for at least three hundred and sixty five (365) days from the Proposal Close Date and Time. Signature:
________________
Date:
4. Certification of Understanding The County assumes no responsibility for any understanding of the Offeror or representation made by any of the County‟s officers, employees or agents during or prior to the execution of any Contract resulting from this RFP unless: A. Such understanding or representation is expressly stated in the Contract; and B. The Contract expressly provides that the County assumes this responsibility. County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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Any representations made but not expressly stated in the Contract and for which liability is not expressly assumed by the County in the Contract shall be deemed only for the information of the Offeror(s). Offeror hereby certifies that such understanding was considered and understood before Offeror submitted this Proposal. Signature:
________________
Date:
5. Certificate of Insurance Offeror hereby certifies Offeror‟s willingness and ability to provide the required insurance coverage and certificates as set forth in Section III, Model Contract, Paragraph 19, Insurance Provisions. Signature:
________________
Date:
If Offeror is unwilling or unable to provide the required insurance coverage, such exception to the Model Contract must be specifically stated and Offeror must provide a complete statement regarding the insurance coverage as required by this RFP.
6. Financial Information Selected Offeror(s) may be requested to submit a complete financial statement for the three (3) most recent fiscal years. Financial statements shall be prepared in conformity with generally accepted accounting principles. A complete financial statement must include, but is not limited to, a balance sheet and income statement. Offeror must be prepared to substantiate all information shown. Offeror hereby certifies Offeror‟s willingness and ability to provide complete financial statements upon the County‟s request. Signature:
________________
Date:
7. Bankruptcy Information Offeror hereby certifies that, if Offeror‟s company has or had a controlling interest in a company that has filed for bankruptcy or has ever been declared bankrupt, Offeror has attached a statement to the Proposal indicating the bankruptcy date, court jurisdiction, trustee‟s name (if any) and telephone number, amount of liabilities, amount of assets, and current status of the bankruptcy. Attach detailed information regarding any prior and pending bankruptcies involving the Offeror. ________No action pending
Signature:
________No prior action
________________
________Information attached
Date:
8. Pending Litigation Offeror represents that: (a) there is no outstanding or anticipated civil or criminal litigation, arbitration, or other dispute (including action by any regulatory body), in any forum, to which Offeror or any of its predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates, partners, principals, members, officers, directors, shareholders or key employees (individuals providing direct service to the County) is a party that, if decided unfavorably, would reasonably be expected to have a material adverse effect on Offeror‟s ability to fulfill its obligations hereunder; and (b) Offeror knows of no basis that might give rise to County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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any such litigation, arbitration, or other dispute in the foreseeable future. Offeror warrants that it shall notify the County as soon as reasonably possible after Offeror first learns of any litigation, arbitration, or other dispute, or any investigation thereof, that would reasonably be expected to have a material adverse effect on Offeror‟s ability to fulfill its obligations hereunder. Attach detailed information regarding any pending or anticipated litigation, arbitration, or other dispute, or any investigation thereof, involving the Offeror. ________No action pending/anticipated Signature:
________________
________No prior action ________Information attached Date:
9. County of Orange Child Support Enforcement Certification and EDD Independent Contractor Reporting Requirements Offeror hereby certifies Offeror‟s willingness and ability to provide the required County of Orange Child Support Enforcement Certificate and Offeror‟s understanding of the EDD Independent Contractor Reporting Requirements as indicated in RFP Section I and Section III, Exhibits I and II.
Signature:
________________
Date:
10. Conflict of Interest Offeror hereby certifies that: (I) Offeror has provided the County with the disclosures required in (A) and (B) below as part of its Proposal, or (II) that no relationships as outlined in (A) and (B) exist. A. Disclose any financial, business or other relationship with the County, any other entity that the County of Orange Board of Supervisors governs, or any County Board member, officer or employee, which may have an impact, effect or influence on the outcome of the services Offeror proposes to provide. Provide a list of current clients, employees, principals or shareholders (including family members) who may have a financial interest in the outcome of services Offeror proposes to provide. B. Disclose any financial, business or other relationship within the last three (3) years with any firm or member of any firm who may have a financial interest in the outcome of the work Offeror proposes to provide. ________ Information attached
Signature:
________No Information attached
________________
Date:
11. Statement of Compliance A Statement of Compliance with all parts of this RFP or a listing of exceptions and suggested changes must be submitted in response to this RFP. Offeror hereby certifies (Offeror must certify either A or B, but not both, by signing below): A. This Proposal is in strict compliance with this RFP, including, but not limited to, the terms and conditions set forth in Section III – Model Contract, including the Attachments, Appendices and Exhibits, and no exceptions are proposed. County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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Signature: OR
________________
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Date:
B. This Proposal is in strict compliance with this RFP, including, but not limited to, the terms and conditions set forth in Section III – Model Contract, including the Attachments, Appendices and Exhibits, except for those exceptions expressly listed as required by this RFP and attached hereto. Signature:
________________
Date:
_______
The attachments for each proposed exception to this RFP, including, but not limited to, Section III – Model Contract, must include the following: 1. 2. 3. 4. 5.
The complete provision to which Offeror is taking exception; The RFP page number and section for the provision to which Offeror is taking exception; The suggested rewording of the provision by way of track changes; Reason(s) for submitting the proposed exception; and Any impact the proposed exception may have on the services to be provided.
12. Confidential or Proprietary Information or Documents Offeror hereby certifies that the information and documents submitted by Offeror to the County in connection with this RFP do not constitute or contain confidential, proprietary, or trade secret information and hereby agrees that all information and documents submitted to the County by Offeror shall become public, non-confidential, non-proprietary, public records that may be provided by the County to the public at any time without prior notice to the Offeror as indicated in RFP Section I, C.7. Signature:
________________
Date:
13. Civil Rights Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. Signature:
________________
Date:
14. Lobbying On best information and belief, the Contractor certifies no federal appropriated funds have been paid or will be paid by, or on behalf of, the Contractor to any person for influencing or attempting to influence an officer or employee of Congress; or an employee of a member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. Signature:
________________
Date:
15. Debarment The Contractor certifies that neither the Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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department or agency. If the Contractor, as the recipient of federal funds, is unable to certify to any of these statements, the Contractor must include an explanation attached to this Proposal. __________ Information attached ___________No information attached Signature:
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________________
Date:
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Part 2: Offeror’s Company Profile (Complete this section and submit as Part 2 in second tabbed section of Proposal) Company Legal Name: Company Legal Status (corporation, partnership, sole proprietor, etc.): Business Address: Website Address: Telephone Number: (
)
Facsimile Number: (
)
E-mail Address: Length of time the firm has been in business:
Length of time at current location:
Is your firm a sole proprietorship doing business under a different name: Yes If yes, please indicate sole proprietor‟s name and the name you are doing business under:
Is your firm incorporated:
Yes
No
No
If yes, State of Incorporation:
Federal Taxpayer ID Number Regular business hours: Regular holidays and hours when business is closed:
Contact person in reference to this RFP: Telephone Number: (___) E-mail Address:
Facsimile Number: (___)
Contact person for Accounts Payable: Telephone Number: (___) Email Address:
Facsimile Number: (___)
Name of Service Manager: Telephone Number: (___) E-mail Address:
Facsimile Number: (___)
NOTICES (Legal/Contract) attention to: Telephone Number: (___) E-mail Address:
Facsimile Number: (___)
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In the event of an emergency or declared disaster, the following information is required: Name of contact during non-business hours: Telephone Number: (___) Facsimile Number: (___) Email Address: Cell or Pager Number:
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Part 3: Offeror’s Proposal (Complete this section and submit as Part 3 in third tabbed section of Proposal) 1. Introduction Section II‟s Proposal Response Requirements allows the Offeror to supply a narrative description of Offeror‟s background, data regarding corporate structure (if any), number of employees, and other information regarding Offeror‟s business and ability to perform that is pertinent to the Offeror‟s performance of work under the proposed Model Contract. 2. Scope of Work (Offeror must complete Section III – Model Contract, Attachment A, and submit herein) Offerors shall complete and submit each appropriate appendix for the proposed LCM System. Offeror is required to submit a Proposal for all software features/requirements identified in this RFP, regardless of whether the Offeror‟s proposed LCM System solution has the desired capabilities or not. Offeror must detail the proposed LCM System solution in Appendix 1 by: a. Completing the LCM System Requirement‟s Chart based on the Response Key; and b. Responding to the narrative questions. Questions and Answers must be in Word format, with the Answers in a complete and concise manner, in the same order and numbered as asked. 3. Cost/Compensation (Offeror must complete Section III – Model Contract, Attachment B, and submit herein) Offeror must submit the costs for the proposed LCM System solution, which must include all one-time costs (e.g., licenses, implementation, training, and documentation), all on-going annual costs for infrastructure and software support services and all maintenance fees. Offeror must complete Section III – Model Contract, Attachment B, to include a cost summary for the proposed LCM System solution detailed in Attachment A, as follows: a. Enterprise Software license cost – identify by type of license (perpetual or annual) and basis of cost (enterprise-wide, per user, etc.); and b. One-Time Implementation/Integration Costs, including:
Requirements Review, Design Review, Software Installation, Configuration and Data Mapping Agency Interfaces and Data Migration User Acceptance User Training (Software Training, Manuals and Documentation) Software System Ready to Go Live
OFFEROR MUST PROVIDE ITS RESPONSE TO THIS SECTION USING THE FORMAT PROVIDED IN ATTACHMENT B. A RESPONSE OFFERED IN ANY OTHER FORMAT MAY BE, AT THE COUNTY’S SOLE AND ABSOLUTE DISCRETION, GROUNDS FOR ELIMINATION FROM FURHTER CONSIDERATION County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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4. Staffing Plan (Offeror must complete Section III – Model Contract, Attachment C, and submit herein) For the proposed LCM System: a. Offeror shall provide names and qualifications of the Offeror‟s primary staff, which shall include the Offeror‟s Project Manager and key personnel assigned to provide the services detailed in the Proposal; b. Offeror shall provide an organization chart that reflects the name, classification/title of all key staff members, and management contacts assigned to provide the services detailed in the Proposal. This organization chart should include technical support personnel who will provide services to the County; and c. Offeror shall provide a resume for each individual identified as primary staff who would be providing services to the County. Resumes must include information concerning each person‟s education, experience/qualifications for the past three (3) to seven (7) years, training and licenses/designations, and any special recognitions and/or expertise. Resumes shall clearly state the role the individual will have in the project. Resumes shall not include home addresses or phone numbers, since this information may become available to the general public. The included resumes represent those individuals who will actually be performing the work. Offerors are advised to propose only individuals who a) have the necessary qualifications and experience to perform the tasks described in this RFP, and b) who will actually be available for the duration of the project. OFFEROR MUST PROVIDE ITS RESPONSE TO THIS SECTION USING THE FORMAT PROVIDED IN ATTACHMENT B. A RESPONSE OFFERED IN ANY OTHER FORMAT MAY BE, AT THE COUNTY’S SOLE AND ABSOLUTE DISCRETION, GROUNDS FOR ELIMINATION FROM FURHTER CONSIDERATION. 5. Implementation Plan, Acceptance and Testing Procedures (Offeror must complete Section III – Model Contract, Attachment D, and submit herein) Offeror shall provide an Implementation Plan and Acceptance and Testing Procedures to be utilized to ensure services are provided in compliance with County specifications and requirements which include, but are not limited to, the following: a. Offeror shall deliver the LCM System software to the County of Orange, Offices of the Public Defender, Director of Information Technology, on the date specified and agreed to by both parties in the Implementation Plan described in Attachment D; b. Offeror shall provide professional services to implement and integrate the proposed LCM System solution with other County owned and non-owned systems based on mutually agreed use-case(s) and/or business processes as specified by the County within one hundred twenty (120) days or sooner from receipt of the LCM System. (Use cases shall be provided to the short listed vendors); and c. Software testing and acceptance shall be part of the Offeror‟s Implementation Plan. For the proposed LCM System, Offeror shall respond to the following questions: a. Describe your implementation plan for the LCM System. Include a detailed deployment schedule and resource plan that includes the County and Offeror resources required for implementation; b. List your installation team and the experience and qualifications of each person; and c. Describe the testing and acceptance methodology. County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
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6. Annual Maintenance and Support (Offeror must complete Section III – Model Contract, Attachment E, and submit herein) Offeror shall complete the chart in Attachment E listing the proposed LCM System, the type of license available and the level of annual maintenance and support. Annual Maintenance and Support must, at a minimum, meet the following requirements: 1) Offeror shall have the capability to provide twenty-four (24) hour turnaround on system fixes and forty-eight (48) hour turnaround on minor changes; 2) Offeror must offer Updates, patches, fixes, etc. to the LCM System at no additional cost (See definitions of Updates in Model Contract); 3) Offeror shall use commercially reasonable efforts to provide modifications or Upgrades to the LCM System to retain compatibility with future Microsoft Office products (See definition of Upgrades in Model Contract); and 4) Offeror‟s Software bug-fixes shall be available from an online source (See definition of Software in Model Contract). For the proposed LCM System solution, Offeror shall describe the following: 1) The level of maintenance and support that will be available after implementation; 2) The methods for contacting Offeror‟s technical support and the hours of operation; 3) The methods for how Offeror will handle County requests for enhancements; 4) The methods for how Offeror measures average and maximum response time for inquiries, provides detailed explanations behind the times, and reports format and frequency; 5) The software support Offeror is proposing for the County; 6) Whether Offeror has a formal users‟ group and, if so, whether there is one in Orange County; 7) Offeror‟s development model and how Offeror addresses migration control/new releases; 8) The methods for how Offeror will complete version Updates to the Software (See definition of Updates and Software in Model Contract); 9) The methods for how and how often Offeror will deliver patches/maintenance releases and an explanation on when the County will lose support for failure to apply the patches/maintenance releases; 10) The scheduled release cycle; 11) The methods for how Offeror will distribute Updates and fixes (See definition of Updates in Model Contract); 12) Offeror‟s policy regarding the source code; and 13) Offeror‟s recent history of system enhancements.
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7. Company Qualifications For the proposed LCM System: a. Offeror shall describe any software installations of the proposed LCM System of similar scope and size that Offeror installed within the last three (3) years, including key customer contact information; b. Offeror shall describe the general nature and type of services Offeror currently provides its customers; c. Offeror shall provide detailed documentation outlining security policies/procedure, best practices, and technologies that are implemented in the proposed LCM System that offers to increase security and mitigate risk; and d. Offeror shall describe how it meets each of the Minimum Qualifications set forth in Section II.A. of this RFP. 8. Contract Completion Offeror Shall: 1) State the number of sales (licenses) of the proposed LCM System of similar scope and size; 2) State the number of renewals (licenses) of the proposed LCM System of similar scope and size; 3) State the number of maintenance contracts by type of the proposed LCM System of similar scope and size; 4) Offeror shall state any failures or refusals to complete any contracts in the past ten (10) years and a complete explanation for such failures or refusals.
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Part 4: Offeror’s References (Complete this section and submit as Part 4 in fourth tabbed section of Proposal)
Offeror must provide three (3) reference organizations for which Offeror has provided solutions of similar scope and nature to the work described in Offeror‟s Proposal.
The references shall include contact name, title, telephone number, e-mail address, website URL, description of project, and Offeror‟s project role and deliverables.
It is the Offeror‟s sole responsibility to ensure the name, location/address, and point of contact‟s name, title, phone number, and e-mail address, for each identified reference organization is current, complete, and accurate.
County may disqualify an Offeror or may negatively evaluate/score an Offeror if: A. References fail to substantiate Offeror‟s description of services provided; B. References fail to support Offeror as having a continuing pattern of providing capable, productive, and skilled personnel; or C. County is unable to reach the point of contact with reasonable effort. It is the Offeror‟s responsibility to inform the point of contact of normal County working hours. Organizational Information the County Requires: For Organizations (non-government entities)
Company Name Company Address Contact Name, Title Phone Number, Alternate Number Contact E-mail Address Web Site Address (if available) Project Description Contract Dates Contract Dollar Amount
For Government Entities
Government Agency City, State Contact Name, Title Phone number, Alternate Number Contact E-mail Address Project Description Contract Dates
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SECTION III
MODEL CONTRACT FOR OFFICES OF THE PUBLIC DEFENDER LEGAL CASE MANAGEMENT SOFTWARE (LCM) SYSTEM
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SECTION III: MODEL CONTRACT
Model Contract Recitals …………………………………………………………………………………….32 Articles……………………………………………………………………………………..32 Terms and Conditions 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43.
Definitions .................................................................................................................. 32 Term of Contract ......................................................................................................... 33 Compensation ............................................................................................................. 33 Taxes ........................................................................................................................... 33 Fiscal Appropriations .................................................................................................. 33 Entire Contract ............................................................................................................ 34 Amendments ............................................................................................................... 34 Governing Law and Venue ......................................................................................... 34 Delivery ...................................................................................................................... 34 Acceptance of Service/Product ................................................................................... 34 Warranty ..................................................................................................................... 34 Patent/Copyright Materials/Proprietary Infringement ................................................ 35 Assignment or Sub-contracting................................................................................... 35 Non-Discrimination .................................................................................................... 35 Consent to Breach Not Waiver ................................................................................... 35 Remedies Not Exclusive ............................................................................................. 36 Independent Contractor ............................................................................................... 36 Performance ................................................................................................................ 36 Insurance Provisions ................................................................................................... 36 Bills and Liens ........................................................................................................... 38 Changes ...................................................................................................................... 38 Change of Ownership ................................................................................................. 39 Force Majeure ............................................................................................................. 39 Confidentiality ............................................................................................................ 39 Legal Compliance ....................................................................................................... 39 Compliance with Laws ............................................................................................... 39 Terms and Conditions ................................................................................................. 40 Headings .................................................................................................................... 40 Severability ................................................................................................................. 40 Attorney‟s Fees ........................................................................................................... 40 Interpretation ............................................................................................................... 40 Authority ..................................................................................................................... 40 Employee Eligibility Verification ............................................................................... 40 Indemnification Provisions ......................................................................................... 40 Audit/Inspections ........................................................................................................ 40 Legal Entity................................................................................................................. 41 Breach ......................................................................................................................... 41 Disputes ...................................................................................................................... 41 Stop Work ................................................................................................................... 42 Termination ................................................................................................................. 42 Orderly Termination ................................................................................................... 42 County and Contractor Project Manager .................................................................... 42 Contractor Staff........................................................................................................... 43
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44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66.
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Reports / Meetings ...................................................................................................... 43 Conflict of Interest ...................................................................................................... 43 County Data ................................................................................................................ 43 Ownership by the County. .......................................................................................... 43 Conditions Affecting Work......................................................................................... 44 Contractors Expense ................................................................................................... 44 Gratuities..................................................................................................................... 44 Authorization Warranty .............................................................................................. 44 News/Information Release .......................................................................................... 44 County of Orange Child Support Enforcement Requirements (Exhibit I) .................. 44 EDD Independent Contractor Reporting Requirements ............................................. 45 Publication .................................................................................................................. 45 Errors and Omissions .................................................................................................. 45 OEM Equipment Maintenance Standard .................................................................... 45 Security Deliverables and Documents ........................................................................ 45 Acceptance Testing ..................................................................................................... 46 Notices ........................................................................................................................ 47 Usage .......................................................................................................................... 48 Equal Employment Opportunity ................................................................................. 48 Civil Rights ................................................................................................................. 48 Lobbying ..................................................................................................................... 48 Debarment ................................................................................................................... 48 Cooperative Agreement .............................................................................................. 48
Model Contract Signature Page ................................................................................. 50 Attachments A. B. C. D. E.
Scope of Work ..................................................................................................................51 Cost/Compensation ...........................................................................................................61 Staffing Plan ......................................................................................................................64 Implementation Plan and Acceptance and Testing Procedures.........................................65 Annual Maintenance and Support .....................................................................................66
Appendices Appendix 1: LCM System Requirements Chart ......................................................................68 Exhibits Exhibit I – Blank County of Orange Child Support Certification Requirements Form ...........76 Exhibit II - EDD Reporting Requirements ..............................................................................79
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MODEL CONTRACT This Agreement to provide a Legal Case Management Software (LCM) System for the Offices of the Public Defender, (hereinafter referred to as “Contract”), made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California, (hereinafter referred to as “County”) and _____________________________, with a place of business at ____________________________________, (hereinafter referred to as “Contractor”), which may be referred to individually as “Party” or collectively as “Parties”.
RECITALS WHEREAS, the Contractor responded to a Request for Proposal (RFP) to provide a Legal Case Management Software System as further set forth herein; WHEREAS, the Contractor responded and represented that its proposed services shall meet or exceed the requirements and specifications of the RFP; and WHEREAS, the County‟s Board of Supervisors has authorized the Purchasing Agent or authorized Deputy to enter into this Contract to obtain a Legal Case Management Software System; NOW, THEREFORE, the Parties mutually agree as follows: ARTICLES
1. Definitions: a. Acceptance Criteria. The term “Acceptance Criteria” shall mean the applicable specifications and/or standards to which components or deliverables are required to conform. b. Acceptance Testing. The term “Acceptance Testing” shall have the meaning set forth in 63. Acceptance Testing herein. c. Annual Maintenance and Support. The term “Annual Maintenance and Support” shall mean the services set forth in Attachment E of the Contract. d. Annual Maintenance and Support Period. The term “Annual Maintenance and Support Period” shall mean the twelve (12) month consecutive period commencing on the day of the County‟s acceptance of the LCM System. Each successive “Annual Maintenance and Support Period” shall commence at 12:00 a.m. (PST) midnight of the calendar day of the expiration of the prior period. e. Business Day. The term “Business Day” shall mean any day on which the County of Orange is open for business. f. Calendar Day. The term “Calendar Day” shall mean any day of the week, month or year. g. Change(s). The term “Change(s)” shall mean any change, modification, action or decision with respect to the Services or the Systems. h. Change of Ownership. The term “Change of Ownership” shall mean any change in control of the Contractor‟s business. i.
Consent. The term “Consent” or “consent”, whether capitalized or not and unless expressly specified otherwise, shall mean, with regard to either a specified or an applicable Party whose consent is required hereunder, the voluntary, freely-given approval of such Party, which may be withheld in such Party‟s sole discretion, with no duty to be reasonable in the withholding of such approval.
j. County Data. The term “County Data” shall have the meaning set forth in section 49. k. Deliverable. The term “Deliverable” shall mean tangible and intangible information or material that must be provided by Contractor to the County under the terms of this Contract.
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Documentation. The term “Documentation” shall mean, with respect to any particular items: (i) all of the written, printed, electronic, or otherwise formatted materials that relate to such items, or any component thereof; (ii) all user, operator, system administration, technical, training, support, and other manuals and all other written, printed, electronic, or other format materials that represent, demonstrate, explain or describe the functional, operational or performance capabilities of such items; and (iii) all specifications, materials, flow charts, notes, outlines, manuscripts, writings, pictorial or graphical materials, schematics, and other documents that represent, demonstrate, explain or describe such items.
m. End User. The term “End User” shall mean the person upon whom the County intends to confer the right to access and use the LCM System or receive the benefit of the LCM System. n. Including. The term “Including” or “including”, whether capitalized or not and unless expressly specified otherwise, shall mean “including, but not limited to.” o. Integration. The term “integration” shall mean to link together different systems and/or applications either physically or functionally. p. LCM. The term “LCM” shall mean Legal Case Management. q. Service(s). The term “Service(s)” shall mean the work or labor being performed or already performed in accordance with this Contract. r. Software. The term “Software” shall mean computer programs and program objects of any kind (including object code and source code, and any intermediate forms or versions thereof), program set-up and customization parameters and data, and the tangible media on which any of the foregoing are recorded. s. System. The term “System” shall mean a set of interacting or independent components forming an integrated whole providing a business process. t. Update. The term “Update” shall mean any bugs, patches, fixes, enhancements, improvements to the Software and any addition of new features pertaining only to the County‟s existing modules. u. Upgrade. The term “Upgrade” shall mean platform changes, addition of new modules or new integration points or the creation of new versions. 2. Term of Contract: The Term of the Contract is for three (3) consecutive years effective upon acceptance of the LCM System by the County. The Contract may be renewed for a total of two (2) consecutive one-year periods under the same terms and conditions and pricing structure by written consent of both Parties. Any renewal may require approval of the County of Orange Board of Supervisors. 3. Compensation: The Contractor agrees to accept the compensation as set forth in Attachment B, Cost/Compensation, as full remuneration for (a) performing all Services and furnishing all staffing and materials required, (b) any reasonably unforeseen difficulties which may arise or be encountered in the performance of the Services until acceptance, (c) risks connected with the Services, and (d) performance by the Contractor of all its duties and obligations required herein. 4. Taxes: This Contract shall include any and all applicable taxes. Contractor certifies all taxes applicable to the services and/or products in this Contract are hereby outlined in Attachment B, Cost/Compensation. The County shall not be charged or liable for any taxes not specified. The Contractor shall bear the full responsibility, and shall be liable for full payment (or full reimbursement to the County) of any Local, State, and/or Federal taxes not outlined in Attachment B, Cost/Compensation. 5. Fiscal Appropriations: This Contract is subject to and contingent upon applicable budgetary appropriations being approved by the County of Orange Board of Supervisors for each fiscal year during the term of this Contract. If such appropriations are not forthcoming, the Contract shall be terminated without penalty. The Contractor acknowledges that funding or portions of funding for this Contract may also be contingent upon the receipt of funds from, and/or appropriation of funds by, the State of California to the County. If such funding and/or appropriations are not forthcoming, or are otherwise limited, the County may immediately terminate or modify this Contract without penalty. County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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6. Entire Contract: This Contract, including Attachments A, B, C, D and E, Exhibits I and II, and Appendix 1 attached hereto and incorporated herein by reference, when accepted by the Contractor either in writing or by commencement of performance hereunder, constitutes the entire Contract between the Parties with respect to the matters herein. There are no restrictions, promises, warranties or undertakings other than those set forth or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on the County unless authorized by the County in writing. 7. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on the County unless authorized by the County in writing. 8. Governing Law and Venue: This Contract has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California, without reference to conflicts of law provisions. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding California Code of Civil Procedure section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for trial to another County. 9. Delivery: Time of delivery of goods or Services is of the essence in this Contract. The County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or description, or services that do not conform to the prescribed Attachment A, Scope of Work. Acceptance of any part of the order for goods shall not bind the County to accept future shipments, nor deprive it of the right to return goods already accepted, at the Contractor‟s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by the County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by the County. 10. Acceptance/Payment: Unless otherwise agreed to in writing by the County, 1) acceptance of the LCM System shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the reasonable satisfaction of the County, including but not limited to the testing set forth in accordance with Attachment D, Implementation Plan, Acceptance and Testing Procedures; and 2) payment shall be made according to the requirements outlined in Attachment B, Cost/Compensation. 11. Warranty: a. The Contractor warrants that (i) Deliverables and Services furnished hereunder will substantially conform to the requirements of this Contract (including without limitation all descriptions, specifications, and drawings identified in Attachment A, Statement of Work), and (ii) the Deliverables will be free from material defects in materials and workmanship. Where the parties have agreed to design specifications and incorporated the same or equivalent in Attachment A, Statement of Work, directly or by reference, the Contractor warrants that its Deliverables provide all material functionality required thereby. In addition to the other warranties set forth herein, where the Contract calls for delivery of commercial Software, the Contractor warrants that such Software will perform in accordance with its license and accompanying documentation. The County‟s approval of designs or specifications furnished by the Contractor shall not relieve the Contractor of its obligations under this warranty. b. The Contractor warrants that the Deliverables furnished hereunder (i) will be free, at the time of delivery, of harmful code (e.g., computer viruses, worms, trap doors, time bombs, disabling code, or any similar malicious mechanism designed to interfere with the intended operation of, or cause damage to, computers, data, or software); and (ii) will not infringe or violate any U.S. Intellectual Property Right. Without limiting the generality of the foregoing, if the County believes that harmful code may be present in any commercial Software delivered hereunder, the Contractor will, upon the County‟s request, provide a new or clean install of the Software. County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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c. Unless otherwise specified in Attachment A, Statement of Work: i. The Contractor does not warrant that any Software provided hereunder is error-free or that it will run without immaterial interruption. ii. The Contractor does not warrant and will have no responsibility for a claim to the extent that it arises directly from (A) a modification made by the County, unless such modification is approved or directed by the Contractor, (B) use of Software in combination with or on products other than as specified by the Contractor, or (C) misuse by the County. iii. Where the Contractor resells commercial hardware or commercial software it purchased from a third party, the Contractor, to the extent it is legally able to do so, will pass through any such third party warranties to the County and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from the Contractor‟s warranty obligations set forth above. d. All warranties, including special warranties, specified elsewhere herein, shall inure to the County, its successors, assigns, customer agencies, and governmental users of the Deliverables or Services. e. Except as may be specifically provided in Attachment A, Statement of Work, or elsewhere in this Contract, for any breach of the warranties provided in this Section 11, the County‟s exclusive remedy and the Contractor‟s sole obligation will be limited to: i. re-performance, repair, or replacement of the nonconforming Deliverable (including without limitation an infringing Deliverable) or service; or ii. subject to the County‟s sole and absolute discretion to consent, refund of all amounts paid by the County for the nonconforming Deliverable or Service and payment to the County of any additional amounts necessary to equal the County‟s Cost to Cover. “Cost to Cover” means the cost, properly mitigated, of procuring Deliverables or Services of equivalent capability, function, and performance.
12. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any Software as modified through Services provided hereunder shall not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph 34 below, it shall indemnify, defend and hold the County and its indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, but not limited to, attorney‟s fees, costs and expenses. 13. Assignment or Sub-contracting: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned or sub-contracted by the Contractor without the prior written consent of the County. Any attempt by the Contractor to assign or sub-contract the performance or any portion thereof of this Contract without the prior written consent of the County shall be invalid and shall constitute a breach of this Contract. 14. Non-Discrimination: In the performance of this Contract, Contractor agrees that it shall comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. The Contractor acknowledges that a violation of this provision shall subject the Contractor to all the penalties imposed for a violation of anti-discrimination law or regulation, including, but not limited to, Section 1720 et seq. of the California Labor Code. 15. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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16. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as to one another and as to any other provided by law, rather than exclusive. The expression of certain remedies in this Contract does not preclude resort by either Party to any other remedies provided by law. 17. Independent Contractor: This Contract shall in no event be construed in such a way that either Party constitutes, or is deemed to be, the representative, agent, employee, partner, or joint venture of the other Party. The Contractor is and shall at all times be an independent contractor with regard to all performance under this Contract. Neither Party shall have the authority to enter into any agreement, nor to assume any liability, on behalf of the other Party, nor to bind or commit the other Party in any manner, except as expressly provided herein. The Contractor‟s and its subcontractors‟ employees who provide services pursuant to this Contract, or who at any time are located or provide services on the County‟s premises, shall remain the respective employees of the Contractor or its subcontractors, as applicable, and the Contractor and its subcontractors shall have sole responsibility for all such employees, including responsibility for payment of all compensation to them, the provision of employee benefits to them, and responsibility for injury to them in the course of their employment. Neither the Contractor, nor any employee or subcontractor or anyone working for or with the Contractor shall be considered an agent or an employee of the County. Neither the Contractor, nor its employees, subcontractors nor anyone working under the Contractor, shall qualify for workers‟ compensation or other fringe benefits of any kind through the County. The Contractor and its subcontractors shall be responsible for all aspects of labor relations with such employees, including their hiring, supervision, evaluation, discipline, firing, wages, benefits, overtime, and job and shift assignments, and all other terms and conditions of their employment, and the County shall have no responsibility whatsoever for any of the foregoing. 18. Performance: The Contractor shall perform all work under this Contract, taking necessary steps and precautions to perform the work to the County‟s satisfaction. The Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. The Contractor shall perform all work diligently, carefully, and in a good and workman-like manner; shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore; shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of the County required in its governmental capacity, in connection with performance of the work; and, if permitted to subcontract, shall be fully responsible for all work performed by its subcontractors. 19. Insurance Provisions: Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at the Contractor‟s expense and to deposit with the County Certificates of Insurance, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with and to keep such insurance coverage and the certificates on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of the Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for the Contractor. The County reserves the right to request the declarations pages showing all endorsements and a complete certified copy of the policy. The Contractor shall ensure that all subcontractors performing work on behalf of the Contractor pursuant to this Contract shall be covered under the Contractor‟s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for the Contractor. The Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by the County from the Contractor under this Contract. It is the obligation of the Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by the Contractor during the entire term of this Contract for inspection by the County representative(s) at any reasonable time. All self-insured retentions (SIRs) and deductibles shall be clearly stated on the Certificate of Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a zero (0) by the appropriate line of coverage. Any self-insured retention (SIR) or deductible in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the County Executive Office (CEO)/Office of County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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Risk Management upon review of the Contractor‟s current audited financial report. The Contractor shall be responsible for reimbursement of any deductible to the insurer. Any self-insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of Insurance. Upon notice of any actual or alleged claim or loss arising out of subcontractor‟s work hereunder, subcontractor shall immediately satisfy in full the SIR provisions of the policy in order to trigger coverage for the Contractor and Additional Insureds. If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below: Coverage
Minimum Limits
Commercial General Liability
$1,000,000 per occurrence $2,000,000 aggregate
Automobile Liability including coverage for owned, non-owned and hired vehicles
$1,000,000 per occurrence
Workers' Compensation
Statutory
Employers' Liability Insurance
$1,000,000 per occurrence
Technology Errors & Omissions
$3,000,000 per claims made or per occurrence
Network Security & Privacy
$5,000,000 per claims made or per occurrence
Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability and Network Security & Privacy policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:
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a. An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming the County of Orange, its elected and appointed officials, officers, employees, agents as Additional Insureds. b. A primary non-contributing endorsement evidencing that the Contractor‟s insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. The County of Orange shall be the loss payee on the Employee Dishonesty coverage. A Loss Payee endorsement evidencing that the County of Orange is a Loss Payee shall accompany the Certificate of Insurance. The Workers‟ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County, its elected and appointed officials, officers, agents and employees. The Contractor shall notify the County in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to the County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy). Insurance certificates should be forwarded to the agency/department address listed on the RFP. If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified Contractor. The County expressly retains the right to require the Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by the County of Orange Risk Manager as appropriate to adequately protect the County. The County shall notify the Contractor in writing of changes in the insurance requirements. If the Contractor does not deposit copies of acceptable certificates of insurance and endorsements with the County incorporating such changes within thirty days of receipt of such notice, this Contract may be in breach without further notice to the Contractor, and the County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit the Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.
20. Bills and Liens: The Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. The Contractor shall not permit any lien or charge to attach to the work or the premises. If any does so attach, the Contractor shall promptly procure its release and, in accordance with the requirements of Article 34 below, indemnify, defend, and hold the County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from the lien or charge. 21. Changes: The Contractor shall make no changes in the work or perform any additional work without the County‟s specific written approval.
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22. Change of Ownership: Any change or transfer in ownership of the Contractor requires prior written approval from the County before this Contract can be assigned to the new owners. If the County provides this written approval, the Contractor agrees that when the change or transfer in ownership of the Contractor‟s business occurs before completion of this Contract, the new owners will be contractually required to assume the Contractor‟s duties and obligations contained in this Contract and complete them to the reasonable satisfaction of the County. If the County does not provide this written approval, the County reserves the right to terminate this Contract without penalty, as stated in paragraph 40. 23. Force Majeure: The Contractor shall not be in breach of this Contract and assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided the Contractor gives written notice of the cause of the delay to the County within thirty-six (36) hours of the start of the delay and the Contractor avails himself of any available remedies. 24. Confidentiality: The Contractor agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by the Contractor and the Contractor‟s staff, agents and employees. The Contractor and its subcontractors are required to comply with all applicable state and federal regulations as they now exist or may hereafter be modified, changed, or amended, regarding data confidentiality, including, but not limited to, the information security requirements of the following: Title 42, USC § 290dd–2 Title 42, CFR Part 2 Title 42, CFR Part 96, § 96.132(e) Title 42, USC 1320d through 1320d-8 Title 45, CFR Parts 160, 162, and 164 – the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules Welfare and Institutional Code, § 14100.2, which is specific to Medi-Cal HSC §§ 11812 and 11845.5 HSC §§ 123110 through 123149.5 – Patient Access to Health Records Title 22, CCR § 51009, which is specific to Medi-Cal Civil Code §§ 56 through 56.37 – Confidentiality of Medical Information Act Civil Code §§ 1798.80 through 1798.82 – Customer Records (breach of security) Civil Code § 1798.85 – Confidentiality of Social Security Number
25. Legal Compliance: Each Party shall at all times perform its obligations hereunder in compliance in all material respects with all applicable federal, state, and local laws and regulations of all applicable domestic jurisdictions, including, without limitation, any applicable requirements of any federal, state, and local authority regulating health, safety, employment, civil rights, the environment, Hazardous Materials, privacy, confidentiality, security, exportation, or telecommunication, and all applicable laws and regulations relating to the collection, dissemination, transfer, storage and use of data, specifically including, without limitation, the privacy and security of confidential, personal, sensitive or other protected data. 26. Compliance with Laws: The Contractor represents and warrants that services to be provided under this Contract shall fully comply, at the Contractor‟s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to, those issued by the County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by the County. The Contractor acknowledges that the County is relying on Contractor to ensure such compliance, and pursuant to the requirements of Article 34 below, the Contractor agrees that it shall defend, indemnify and hold the County and its indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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27. Terms and Conditions: The Contractor acknowledges that it has read and agrees to all terms and conditions included in this Contract. 28. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning herein. 29. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 30. Attorney’s Fees: In any action or proceeding to enforce or interpret any provision of this Contract, or where any provision herein is validly asserted as a defense, each Party shall bear its own attorney‟s fees, costs and expenses. 31. Interpretation: This Contract has been negotiated at arm‟s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of their own choosing, or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other Party hereto or by any person representing them, or both. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract. 32. Authority: The Parties to this Contract represent and warrant that this Contract has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 33. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by the County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. 34. Indemnification: The Contractor agrees to indemnify, defend with counsel approved in writing by the County, and hold the County, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which the County of Orange‟s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including, but not limited to, personal injury or property damage, arising from or related to the services, products or other performance provided by the Contractor pursuant to this Contract. If judgment is entered against the Contractor and the County by a court of competent jurisdiction because of the concurrent active negligence of the County or the County Indemnitees, the Contractor and the County agree that liability shall be apportioned as determined by the court. Neither Party shall request a jury apportionment. 35. Audits/Inspections: The Contractor agrees to permit the County‟s Auditor-Controller or the AuditorController‟s authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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property of the Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection. The County reserves the right to audit and verify the Contractor‟s records before final payment is made. The Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. The Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, the Contractor agrees to include in all its subcontracts a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract.
36. Legal Entity: Should the Contractor cease to exist as a legal entity, the Contractor‟s records pertaining to this Contract shall be forwarded to the surviving entity in a merger or acquisition or, in the event of liquidation, to the County‟s Project Manager. 37. Breach: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event, the County may, in addition to any other remedies available at law, in equity, or otherwise specified in this Contract, do any of the following: a. Afford the Contractor written notice of the breach and, if the breach is curable, ten (10) calendar days or such shorter time that may be specified in this Contract, within which the Contractor is to cure the breach; b. Discontinue payment to the Contractor for and during the period in which the Contractor is in breach; c. Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to above section 37. a.b.d.; and d. Terminate the Contract immediately without penalty.
38. Disputes: a. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor‟s Project Manager and the County„s Project Manager, such matter shall be brought to the attention of the County Purchasing Agent by way of the following process:
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i.
The Contractor shall submit to the County Agency/Department, or Project Manager assigned buyer, a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii.
The Contractor‟s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official of the Contractor indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
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b. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of Services. The Contractor‟s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Purchasing Agent or his designee. If the County fails to render a decision within ninety (90) days after receipt of the Contractor‟s demand, it shall be deemed a final decision adverse to the Contractor‟s contentions. The County‟s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences an action in a court of competent jurisdiction to contest such decision within ninety (90) days following the date of the County‟s final decision or one (1) year following the accrual of the cause of action, whichever is later.
39. Stop Work: The County may, at any time, by written stop work order to the Contractor, require the Contractor to stop all or any part of the work called for by this Contract for a period of ninety (90) business days after the stop work order is delivered to the Contractor and for any further period to which the Parties may agree. The stop work order shall be specifically identified as such and shall indicate it is issued under this clause. Upon receipt of the stop work order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the stop work order during the period of work stoppage. Within a period of ninety (90) business days after a stop work order is delivered to the Contractor or within any extension of that period to which the Parties shall have agreed, the County shall either: a. Cancel the stop work order; or b. Terminate the Contract in whole or in part in writing as soon as feasible. The County is not required to provide thirty (30) days notice of the termination of the Contract to Contractor if a stop work has been issued by the County.
40. Termination: In addition to any other remedies or rights it may have by law and those set forth in this Contract, the County has the right to terminate this Contract without penalty immediately with cause or after thirty (30) days written notice without cause, unless otherwise specified. Cause shall include, but not be limited to, the Contractor‟s breach of the Contract, the Contractor‟s misrepresentation or fraud and the Contractor‟s Change of Ownership without the County‟s prior written approval. The County‟s decision to exercise the right to terminate this Contract relieves the County of all further obligations under the Contract. 41. Orderly Termination: Upon ending of the Term, termination or other expiration of this Contract, each Party shall promptly return to the other Party all papers, materials, and other properties of the other held by each for purposes of performance of this Contract. In addition, each Party shall assist the other Party in orderly termination of this Contract and the transfer of all assets, tangible and intangible, as may be necessary for the orderly, non-disruptive business continuation of each Party. Upon expiration of the Term or termination of this Contract, Contractor will return all County Data to the County in Coma Separated Value file format within thirty (30) calendar days of the expiration of the Term or termination date. 42. County and Contractor Project Manager: The County shall appoint a Project Manager to act as liaison between the County and the Contractor during the term of this Contract. The Contractor shall appoint a Project Manager to direct the Contractor‟s efforts in fulfilling the Contractor‟s obligations under this Contract. The Contractor‟s Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County‟s Project Manager. The County‟s Project Manager shall have the right to require the removal and replacement of the Contractor‟s Project Manager from providing services to the County under this Contract. The County‟s Project Manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) calendar days after written notice by the County‟s Project Manager. The County is not required to provide any reason, rationale or factual information in the event it elects to request the removal of the Contractor‟s Project Manager from providing services to the County under this Contract.
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43. Contractor Staff: In addition to the rights set forth in Paragraph 42, the County and Contractor Project Manager, above, the County‟s Project Manager shall have the right to require the removal and replacement of any of the Contractor‟s personnel from providing services to the County under this Contract. The County‟s Project Manager shall notify the Contractor‟s Project Manager in writing of such action. The Contractor shall accomplish the removal of the specified personnel within one (1) calendar day after written notice by the County‟s Project Manager. The County is not required to provide any reason, rationale or factual information in the event it elects to request the removal of any of the Contractor‟s personnel from providing services to the County under this Contract. 44. Reports/Meetings: The Contractor shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this Contract. The County‟s Project Manager and the Contractor‟s Project Manager shall meet on reasonable notice to discuss the Contractor‟s performance and progress under this Contract. If requested, the Contractor‟s Project Manager and other project personnel shall attend all meetings. The Contractor shall provide such information that is requested by the County for the purpose of monitoring progress under this Contract. 45. Conflict of Interest – (Contractor): The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that result in a conflict with the best interests of the County. This obligation shall apply to the Contractor; the Contractor‟s employees, agents, relatives, sub-tier Contractors; and third parties associated with accomplishing work and services hereunder. The Contractor‟s efforts shall include, but are not limited to, establishing precautions to prevent its employees or agents from making, receiving, providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interest of the County. 46. County Data: Subject to applicable law, the County shall permit the Contractor and its subcontractors to have access to, and make appropriate use of, County Data (as defined in this Article below) solely to the extent the Contractor requires such access and use in order to properly and appropriately perform the Services as contemplated by this Contract. The Contractor may only access and use County Data in connection with performance of its duties under this Contract or as specifically directed by the County in writing and may not otherwise use, disclose, modify, merge with other data, commercially exploit, or make any other use of County Data or take, or refrain from taking, any other action that might, in any manner or form, adversely affect or jeopardize the integrity, security, or confidentiality of County Data, except as expressly permitted herein or as expressly directed by the County in writing. The Contractor acknowledges and agrees that, as between the Parties, the County owns all right, title, and interest in, and all Intellectual Property Rights in and to, all County Data. 47. Ownership by the County: All County Data, reports and other documents or materials created by the County through its use of the Contractor Service, including all Intellectual Property Rights in or pertaining to the same, shall be owned solely and exclusively by the County. The Parties further agree that all materials, documents, data or information obtained from the County or any County medium furnished to the Contractor in the performance of this Contract shall at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County upon expiration of the Term or termination of this Contract. As the Parties agree that the County shall always own the information or material that the County submits to the Contractor Service pursuant to this Contract ("County Data"), the County expressly agrees to have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all of County Data. Except for the Contractor‟s material breach of County Data, the Contractor shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of County Data.
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48. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so shall not relieve the Contractor from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations made by any of its officers or agents during or prior to the execution of this Contract concerning the nature, location(s) or general conditions of the Contract, unless such understanding or representations by the County are expressly stated in the Contract and the Contract expressly provides that the County assumes the responsibility. 49. Contractor’s Expense: The Contractor will be responsible for all costs related to photocopying, telephone communications, fax communications, travel, parking, and any and all “out of pocket” expenses incurred by the Contractor during the performance of the Services under this Contract, unless otherwise specified. The Contractor shall be responsible for payment of all parking costs and expenses incurred at a County facility while performing work under this Contract, except to the extent the County facility has free parking available to the public and the Contractor makes appropriate use of this free parking. However, the County will at no point provide free parking to the Contractor in the County Civic Center. 50. Gratuities: The Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract. 51. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority. 52. News/Information Release: The Contractor agrees that it shall not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County‟s Project Manager. 53. County of Orange Child Support Enforcement Certification Requirements (Exhibit I – Blank County of Orange Child Support Enforcement Certification Requirements Form): In order to comply with the child support enforcement requirements of the County, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to the Contract Administrator: a. In the case of an individual Contractor, his/her name, date of birth, Social Security number, and residence address; b. In the case of a Contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of ten (10) percent or more in the contracting entity; c. A certification that the Contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
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d. A certification that the Contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and shall continue to so comply. The required certification is listed in Exhibit I. A blank Exhibit I is attached hereto. Failure of the Contractor to timely submit the data and/or certifications required may result in the Contract being awarded to another Contractor. In the event a Contract has been issued, failure of the Contractor to comply with all federal, state, and local reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the Contract. Failure to cure such breach within sixty (60) calendar days of notice from the County shall constitute grounds for termination of the Contract without penalty to the County.
54. EDD Independent Contractor Reporting Requirements (Exhibit II – Blank EDD Independent Contractor Reporting Requirements Form): California Senate Bill 542 requires businesses and government entities to report specified information regarding independent contractors to the Employment Development Department (EDD). This information will be used by the EDD to assist in locating parents who are delinquent in their child support payments. An independent contractor is defined as a sole proprietor who is not an employee of the business or government entity for which that individual is performing a service and who received compensation and/or executes a contract for services performed for that business or government entity either in or outside of California. 55. Publication: No copies of sketches, schedules, written documents, computer based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this Contract, are to be released by Contractor and/or anyone acting under the supervision of Contractor to any person, partnership, company, corporation, or agency, without prior written approval by the County, except as necessary for the performance of the Services under this Contract. All press releases, including graphic display information to be published in newspapers, magazines, etc., are to be administered only by the County unless otherwise agreed to by both Parties. 56. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by the Contractor as Project Manager and key personnel attached hereto, prior to submission to the County. The Contractor agrees that County review is discretionary and the Contractor shall not assume that the County shall discover errors and/or omissions. If the County discovers any errors or omissions prior to approving the Contractor's reports, files and other written documents, the reports, files or other written documents shall be returned to the Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, the County approval of the Contractor's reports, files or other written documents shall not be used as a defense by the Contractor in any action between the County and the Contractor, and the reports, files or other written documents shall be returned to the Contractor for correction. 57. OEM Equipment Maintenance Standard: The Contractor agrees to maintain all equipment according to the original equipment manufacturer (OEM) specifications. The Contractor further agrees that all components shall be OEM components. At the termination of the Contract, the Contractor guarantees that the equipment shall meet OEM equipment certification standards. 58. Security Deliverables and Documents: As this Contract may involve the Contractor having direct access to County proprietary information, IT staff, and systems, the County has outlined various Deliverables and documents in relation to Contractor data security that shall be provided by the Contractor to the County within thirty (30) calendar days prior to going live. The County shall review these Deliverables and documents prior to final approval and actual access to the resources or transfer of any information related to this Contract.
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Deliverables and Documents to be provided by the Contractor are as follows: a. Staff Related Items
Pre-Employment Screening Policy/Procedure Background Check Procedure Staff Roster and Duties US Staffing Duties
b. Security Related Items
I.T. Security Staff Usage Policy I.T. Security Policies and Procedures I.T. Operations Security Policy Document & Intellectual Property Management Polices
c. IT Systems Related Items
Policies Related to Data, Tapes, and Resources that will be removed from County Facility Policies Related to Access to County Data Internally or Via Remote Access
59. Acceptance Testing: All Deliverables shall be provided to the County by Contractor in conformity with all requirements, specifications, Acceptance Criteria, and time periods set forth or referenced in this Contract. Contractor shall at all times utilize complete and thorough Acceptance Testing Procedures, and appropriate Acceptance Criteria, all of which shall be subject to review and approval by the County‟s Program Manager, and no such activities shall be deemed completed until all Acceptance Criteria, whether set forth in this Contract or set forth in any schedule hereto or otherwise mutually agreed upon by the Parties in writing, have been successfully met. a. Acceptance Testing: Following Contractor's notification to the County that Contractor has completed any component or Deliverable identified in this Contract, at a mutually agreed scheduled time thereafter, the County shall begin testing the component or Deliverable to determine whether such component or Deliverable conforms to the applicable specifications and/or standards (collectively, the "Acceptance Criteria"). After the County has completed such testing or upon expiration of the agreed-upon testing period (the "Acceptance Testing Period"), the County shall notify Contractor in writing either that: (a) the component or Deliverable meets the Acceptance Criteria and that acceptance of such component or Deliverable has occurred ("Acceptance"); or (b) the Acceptance Criteria have not been met and the reasons therefor. If the component or Deliverable is identified as being part of a larger, integrated system being developed thereunder, then any Acceptance under the terms of this subsection shall be understood as being conditional acceptance ("Conditional Acceptance"), and such component or Deliverable shall be subject to Final Acceptance, as described below. b. Cure: If the County determines that a component or Deliverable does not conform to the applicable Acceptance Criteria, and that it is in the County‟s interest to allow Contractor time to correct the problem, the County shall deliver to Contractor a written exception report describing the nonconformity (the "Exception Report"). Within ten (10) calendar days following receipt of the Exception Report, Contractor shall: (a) perform a Root Cause Analysis to identify the cause of the nonconformity; (b) provide the County with a written report detailing the cause of, and procedure for correcting, such nonconformity; (c) provide the County with satisfactory evidence that such nonconformity will not recur; and (d) use best efforts to correct critical errors (as determined by the County) and use commercially reasonable efforts to correct all other errors reasonably requested by the County and accepted by Contractor; provided, however, that if the nonconformity of critical errors is incapable of cure within such ten (10) calendar day period then, within such ten (10) calendar day period, Contractor shall present to the County a mutually agreeable plan to cure such nonconformity within a reasonable amount of time. Upon Contractor's notice to the County that Contractor has cured any such nonconformity, the County shall re-test the defective County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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component or Deliverable for an additional testing period of up to thirty (30) calendar days or such other period as the Parties may mutually agree upon in writing, at the end of which period the process described in subsection (b) above shall be repeated. In the event the County rejects Deliverable(s) a second time and Contractor disagrees with such rejection, then the Parties shall escalate the issue(s) to senior management of both parties for mutual resolution. c. Final Acceptance: Upon achievement of Conditional Acceptance for all identified components or Deliverables, the County shall begin testing the system that is comprised of such components or Deliverables using the applicable test procedures and standards to determine whether such system performs as an integrated whole in accordance with the Acceptance Criteria. After the County has completed such testing or upon expiration of the testing period (the "Final Acceptance Testing Period"), the County shall notify Contractor in writing that: (a) the system, and all components and deliverables that are a part thereof, meet the Acceptance Criteria and that final acceptance of the System and such components and deliverables has occurred ("Final Acceptance"); or (b) that the Acceptance Criteria have not been met and the reasons therefor. If the County determines that the Acceptance Criteria have not been so met, the process described in subsection (b) above shall be initiated, with all references to "component or deliverable" being references to the "system," and all references to the "Acceptance Testing Period" being references to the "Final Acceptance Testing Period." Neither Conditional Acceptance, Acceptance nor Final Acceptance by the County shall constitute a waiver by the County of any right to assert claims based upon defects not discernible through conduct of the applicable test procedures and subsequently discovered in a component or Deliverable or the System following the County‟s Final Acceptance thereof. Nothing else, including the County‟s use of the System, or any component thereof, shall constitute Final Acceptance, affect any rights and remedies that may be available to the County and/or constitute or result in "acceptance" under general contract law, any state uniform commercial code or any other law.
60. Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly given (1) upon actual delivery, if delivery is by hand; (2) upon delivery by the United States mail, if delivery is by postage paid registered or certified return receipt requested mail; or (3) upon delivery via electronic mail with confirmation receipt from the Party. Each such notice shall be sent to the respective Party at the address indicated below or to any other address as the respective Parties may designate from time to time. For CONTRACTOR: CONTRACTOR to COMPLETE and SUBMIT with Company Info/References (Insert Contractor Name, Address and Contact information below)
Attn: Title: Phone: (____) _____-______ Fax: (____) _____-______ Email: For COUNTY: Project Management County of Orange Offices of the Public Defender 14 Civic Center Plaza Santa Ana, CA 92701 Attn: Jerry Sakelaris IT Director Phone: 714.834.5843 E-mail:
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Contracts County of Orange CEO/IT/Division of Finance & Contracts Attn: Tim Shears Contracts Administrator 1501 East St. Andrew Place, 2nd Floor Santa Ana, CA 92705 Phone: 714-834-6871: E-mail:
[email protected]
61. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract. Usage figures, if provided, are approximate, based upon the last usage. The Contractor agrees to supply services and/or commodities requested, as needed by the County, at prices listed in the Contract, regardless of quantity requested. 62. Equal Employment Opportunity: The Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity”, as amended by Executive order 11375, “Amending Executive Order 11246 relating to Equal Employment Opportunity”, and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 63. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. 64. Lobbying: On best information and belief, the Contractor certifies no federal appropriated funds have been paid or will be paid by, or on behalf of, the Contractor to any person for influencing or attempting to influence an officer or employee of Congress; or an employee of a member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 65. Debarment: The Contractor shall certify that neither the Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal department or agency. Where the Contractor, as the recipient of federal funds, is unable to certify to any of the statements in the certification, the Contractor must include an explanation with its bid/proposal. Debarment, pending debarment, declared ineligibility or voluntary exclusion from participation by any Federal department or agency may result in the bid/proposal being deemed nonresponsive. 66. Cooperative Agreement: The provisions and pricing of this Contract will be extended to other political sub-divisions and County of Orange Agencies/Departments. A political sub-division and County of Orange Agency/Department wishing to use this Contact will be responsible for issuing its own purchase documents/price agreements, providing its own acceptance, and making any subsequent payments. These entities will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Contract. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The Contractor is responsible for providing each cooperative entity a copy of the contract upon request by the cooperative entity. The County of Orange makes no guarantee of usage by other users of this Contract. The County of Orange may authorize the loading of this agreement into an electronic commerce system.
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The Contractor is required to maintain a list of the cooperatively participating County Agencies/Departments and other political sub-divisions that have used this Contract. The list shall report dollar volumes spent quarterly and annually and shall be provided on a quarterly basis to the County lead agency.
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Model Contract Signature Page The Parties hereto have executed this Contract on the dates shown opposite their respective signatures below
CONTRACTOR*: (DO NOT SIGN THIS PAGE AT THIS TIME)
By:
Title:
Print Name:
Date:
(DO NOT SIGN THIS PAGE AT THIS TIME)
By:
Title:
Print Name:
Date:
* If the contracting party is a corporation, two (2) signatures are required as further set forth in this paragraph. The first signature shall be: (a) the Chairman of the Board; (b) the President; or (c) any Vice President. The second signature shall be: (a) the Secretary; (b) any Assistant Secretary; (c) the Chief Financial Officer; or (d) any Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the signature to bind the company.
COUNTY OF ORANGE A political subdivision of the State of California By:
Title:
Print Name:
Date:
Approved by Board of Supervisors on: __________________________________
APPROVED AS TO FORM OFFICE OF THE COUNTY COUNSEL,
By: _______________________________ Deputy
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ATTACHMENT A
SCOPE OF WORK (Complete and submit as part of Section II, Part 3, - Offeror‟s Proposal) I. OVERVIEW The Offices of the Public Defender (“County”) is seeking to implement a Legal Case Management Software (LCM) System specifically designed to meet the needs of the Public Defender, Alternate Defender and Associate Defender offices. The Offices of the Orange County Public Defender handle a variety of cases, including but not limited to: Adult Criminal, Juvenile Delinquency, Juvenile Dependency, Sexually Violent Predator (SVP), Mental Health, Writs and Appeals, and Probate. II. CONTRACTOR RESPONSIBILITIES A. Application Contractor‟s LCM System shall: 1. Be a configurable commercial off-the-shelf (COTS) system capable of interfacing with County and other Justice Partners‟ systems for data exchange including, but not limited to the following entities: Auditor-Controller Orange County Superior Court of California County Counsel Crime Lab District Attorney Health Care Agency AOT / Public Guardian Probation Department Sheriff‟s Department 2. Be developed in a Microsoft .NET Solution utilizing ASP.NET for the front end and SQL Server 2012 R2 for the back end. 3. Be capable of integrating into the County‟s document management system. 4. Be capable of integrating into the County‟s financial system. 5. Be capable of integrating with the following: Microsoft Exchange 2010 and above Microsoft Office 2013 Microsoft Office 2013 Microsoft SharePoint 2013 6. Be capable of supporting up to five hundred (500) users simultaneously. 7. Be Web based (Microsoft Internet Explorer 11+).
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B. Ad-Hoc and Built-in Management Reporting Contractor‟s LCM System shall: 1. Be capable of exporting ad-hoc and built-in reports to PDF, Rich Text Format (RTF), Extensible Markup Language (XML), or Microsoft Office formats. 2. Include built-in reports, including but not limited to: Case Loads Calendars Do Not Represent (DNR) 3. Be capable of providing all reporting functions to be accessible from dashboards. 4. Be capable of creating ad-hoc reports by end users. 5. Be capable of emailing reports as an attachment or emailing reports from within the body of the email itself. 6. Be capable of developing and running reports based upon user levels (i.e., management, end-users, and security). 7. Be capable of running and creating security related reports. C. Administration Contractor‟s LCM System shall: 1. Allow modifications, additions, and deletions to charge tables. 2. Allow modifications, additions, or deletions to drop down menus. 3. Have Microsoft Active Directory integrated: Single Sign-On (SSO) User and Group based security D. Case Expenses Tracking Contractor‟s LCM System shall: 1. Be capable of tracking expenses for, but not limited to, the following: Photocopying Services Interpreters Expert Witnesses Staff Travel Transcription Witnesses 2. Be capable of checking payment status on invoices.
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3. Be capable of automatically populating forms and letters with client and case information including, but not limited to: Expert Witness Contract Letters Subpoenas Transcription Requests Travel Requests 4. Have a workflow process for approving case expenses. E. Comprehensive System Security Contractor‟s LCM System shall: 1. Be capable of sealing juvenile records. 2. Be capable of logging and auditing all system activities and events such as: The historical record of all changes made to the system‟s components Transport all system errors and events into the Windows‟ event log 3. Be capable of running and creating security related reports. 4. Be integrated with Microsoft Active Directory with access based on: User and Group privileges Single Sign-On (SSO) 5. Have restricted access to closed cases. 6. Have restricted access to juvenile information. F. Conflict Check and Do Not Represent (DNR) Contractor‟s LCM System shall: 1. Be capable of entering a reason for declaring the conflict and to make it restricted information. 2. Be capable of adding someone to the DNR list. 3. Be capable of removing someone from the DNR list. 4. Be capable of running multiple names on a manual conflict check. 5. Include the functionality to automatically add the conflicted parent on juvenile cases when opened. 6. Include the functionality to automatically remove the conflicted parent on juvenile cases when closed. 7. Be capable of automatically adding witnesses and allege victims to the DNR list. 8. Be capable of automatically adding co-defendants to the DNR list. 9. Automatically send out alerts and notifications of individual(s) who are on the DNR list for more than a specified amount of time. 10. Be capable of running and creating Conflict Check and Do Not Represents reports. County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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11. Have the functionality to identify potential conflicts during case openings and when people are added to the case. 12. Be capable of, when a potential conflict is identified, sending alerts and notifications to County staff through, but not limited to, the following notification mechanisms: Dashboard Email notifications Pop-up messages Short Message Service (SMS) text notifications G. Data Migration Contractor shall: 1. Migrate the County‟s existing data from its LegalEdge American Defender SQL 2008 database to the new LCM System. 2. Migrate the County‟s existing data from its custom application SQL 2003 database to the new LCM System. 3. Migrate the County‟s existing data from its Public Defender Microsoft Access 2013 database to the new LCM System. 4. Migrate the County‟s existing data from its Microsoft Accounting 2009 database to the new LCM System. Data to be converted shall include all Public Defender current data, i.e., case history, court referral history, charges, disposition and demographic information from each of the three separate offices (Public Defender, Alternate Defender and Associate Defender). H. Document and Event Management Contractor‟s LCM System shall: 1. Be capable of capturing documents from: Copiers Desktop Scanners Multifunction Printers (MFP) 2. Have the capability through a Document Export Utility to: Export file(s) into a compressed file for transport Password protect and encrypted files Redact confidential information from scanned documents 3. Have the capability for Document Version Control that allows: Document check in/check out Version history to maintain an original copy of discovery documents 4. Include Electronic Document Workflow capabilities that allow: Routing of discovery file(s) to the appropriate case once received from the District Attorney‟s Office interface Routing of documents for approval, including, but not limited to: 1) Check requests 2) Copy requests 3) Expert witness requests County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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4) Transcription requests 5) Travel requests 5. Include Microsoft Office integration to: Drag and drop through an interface Save email messages and attachments directly into application(s) Send documents as attachments and or links to documents using Microsoft Outlook 6. Be capable of integrating with Microsoft SharePoint and allow users to search for documents from SharePoint utilizing a Microsoft.NET environment. 7. Be capable of scanning documents using optical character recognition (OCR) and index the documents in a portable document format (PDF) or tagged image file format (TIFF) document. 8. Include access to a search engine capable of providing searches such as: Boolean Query Search Full Text Search Meta tags Searches multiply common file types Wildcard searches 9. Be capable of storing audio, video, pictures and other types of files. I. Electronic Discovery Creation and Acceptance Contractor‟s LCM System shall: 1. Be capable of Bates stamp numbering documents. 2. Be capable of creating confirmation reports for the delivery and receipt of eDiscovery documents. 3. Be capable of data encryption of data while at rest and while in transport. 4. Be capable of interfacing with the District Attorney‟s Office for exchanging eDiscovery. J. Electronic Filing with the Courts Contractor‟s LCM System shall be capable of electronic filing with the Court including, but not limited to: 1. Civil cases through One Legal 2. Motions 3. Orders 4. Probate issue through (Legal One) K. File Tracking and File Room Management Contractor‟s LCM system shall: 1. Be capable of uploading an Excel Spreadsheet with file locations from a long-term storage facility. 2. Be capable of barcode file tracking. County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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3. Be capable of running a file check in/out system. 4. Be capable of establishing and maintaining a Work Flow for approving requests for files. L. Forms Generation and Preparation Contractor‟s LCM System shall: 1. Automatically populate templates/forms using Microsoft Word or Excel, such as: Check Request Form County Car Request Form Consumer Notice Form Expert Witness Contract Letter Public Defender Fee Form Release Form Travel Request Form 2. Be capable of automatic document creation using Microsoft Word, such as: Confidential Memos Jail Packets Orders Subpoenas 3. Be capable of automatically populating Judicial Adobe Acrobat Forms such as: GC20 (Mental health) MC265 Writ of Habeas Corpus (LPS-ACT) MC270 Writ of Habeas Corpus (Mental Health) 4. Have the functionality to export all forms to PDF, RTF, XML, or Microsoft Word and Excel formats. 5. Establish and maintain a workflow for approving requests for files. 6. Be capable of mail merge. 7. Be capable of managing templates. M. Justice Partner Integration (Data Exchanges) Contractor‟s LCM System shall: 1. Interface with Court‟s system to pull docket codes and docket calendars. 2. Interface with District Attorney‟s system to exchange e-discovery. 3. Interface with Sheriff‟s system for custody status, booking and housing information. 4. Interface with Probation‟s system for Orders and Juvenile Billing and Terms and Conditions. 5. Interface with Auditor Controller‟s system for Adult Billing for Public Defender Fees. 6. Interface with Crime Lab for blood alcohol results. 7. Interface with the Court‟s system for sentencing information. 8. Interface with Probation Department for terms and conditions of probation. County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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N. On-line Documentation and Help Contractor‟s LCM System shall: 1. Be capable of accessing on-line Webinar Trainings. 2. Be capable of accessing on-line Frequently Asked Questions (FAQs). 3. Be capable of accessing on-line How To help. 4. Be capable of accessing on-line Video Trainings. O. Performance Contractor‟s LCM System shall: 1. Be capable of moving between records in two (2) seconds or less. 2. Be capable of moving between screens in two (2) seconds or less. 3. Be capable of looking up a record in three (3) seconds or less. 4. Be capable of supporting five-hundred (500) users simultaneously. P. Person and Case Information Contractor‟s LCM System shall be a person-based system capable of: 1. Providing a single view for a person. 2. Utilizing multiple identifiers. 3. Showing all cases linked to a person. 4. Providing a general search by key information related to a case or person. 5. Providing a variant name search that allows searches by names that sound alike and display the results by the decreasing likelihood of a match. 6. Providing wildcard character searches. Q. LCM Integration Contractor‟s LCM System shall: 1. Integrate with the County‟s Financial System including, but not limited to: Accounts Payable (AP) Electronic Fund Transfer (EFT) Financial Reports General Ledger (GL) Prepare and Print checks 2. Integrate with other County financial systems such as: Auditor-Controller for adult criminal Public Defender fee billing Probation Department for juvenile Public Defender fee billing County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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3. Integrate workflow processes for approval of expenses such as: Expert Witnesses Travel Transcription services R. Scheduling and Calendaring Contractor‟s LCM System shall: 1. Provide accessibility to scheduling documents and calendars from dashboards 2. Have the ability to access multiple calendars simultaneously in various views such as: Daily Weekly Monthly 3. Have the functionality to update calendars from a mobile device 4. Have the functionality to create calendars such as: Dockets/Courtrooms Team/Group 5. Have the ability for Investigators, Legal Assistants (LA), and Paralegals to calendar case activity such as: Field work Telephonic interviews Work in the office 6. Have email reminders, Microsoft synchronization, pop-up notifications, and printable calendars. S. Support for Mobile Device Contractor‟s LCM System shall: Allow support for mobile devices including, but not limited to, Smartphones (Android, IOS, and Windows) and Window Tablets. T. Statistical Reporting Contractor‟s LCM System shall: Have the functionality to generate statistical reports including, but not limited to, the number of:
Homicides Felonies Misdemeanors Jury Trials Court Trials Probation Violations (PVs) Open cases Closed cases Staff Caseloads
U. Time Tracking Contractor‟s LCM System shall: Be capable of creating printable time sheets and for tracking staff time for reimbursable programs such as AB 109, Prop 36, and Sexual Violent Predators (SVP). County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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V. Deliverables Contractor shall provide the following deliverables: 1. For Contract Year One, Contractor shall: Install and configure the new LCM System Create the new interfaces with County Justice Partners Complete the Data Mapping/Data Migration Complete the Quality Analysis of the new system with the County‟s Data Train Public Defender‟s Information Technology staff and end users (approximately 400 end users) 2. For Contract Years Two through Five, Contractor shall: Provide technical support via telephone or remote access 24/7 with a maximum response time of four (4) hours Provide routine patches and software updates within one (1) day of their availability W. Implementation Schedule Contractor‟s LCM System shall: Be fully implemented and operational, as determined by the County, no later than July 1, 2016. The Implementation Schedule enumerated below may not be modified without the written consent of both Parties.
September 1, 2015
Contract Starts
September 30, 2015
Complete Requirements Review
October 30, 2015
Complete the Design Review
January 29, 2016
Complete Software Installation, Configuration, and Data Mapping
April 15, 2016
Complete the Agency Interfaces and Data Migration
June 17, 2016
Complete User Acceptance
August 12, 2016
Complete User Training
September 2, 2016
LCM System ready to Go Live
X. Testing and Acceptance Contractor shall: Perform system stress tests of the LCM System using an agreed upon test script prior to implementation of the LCM System as well as through the duration of the Contract such as when major application or module updates or upgrades are introduced into the LCM system. Y. Training The Contractor shall: 1. Provide a knowledge transfer plan to insure proper training of County employees that describes the Contractor‟s process for software knowledge transfer and training. 2. Describe the types of training the Contractor offers (on-site, web-based, etc.), including the type of County staff (i.e. IT staff vs. end users), number trained, method of training, and length of training (number of hours). County of Orange 5/8/2015 4:53 PM RFP 017-C003155-DB
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3. Train County staff in a “Train-the-Trainer” model so the County may assume responsibility for the training of its staff. 4. Provide written training materials for all training applications, including the “Train-the-Trainer” model within thirty (30) calendars days of Contractor providing a training session. 5. Provide product training to County staff members including project team members, subject matter experts consisting of staff members from Procurement, Contract Administration, Accounting business areas, System Administrators, and Technical team members. 6. Include training options in technical and specialist areas such as site management, creating templates and workflows, etc. 7. Provide options for Contractor‟s possible continuous user training on newly released product features and functionality per the training methods listed above.
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ATTACHMENT B COST/COMPENSATION (Complete in Excel format and submit as part of Section II, Part 3, # 5 - Proposal Cost/Compensation)
I. COMPENSATION This is a Fee Schedule Payment Contract between the County and the Contractor for a Legal Case Management Software System for the Offices of Public Defender for the County of Orange, as further described in the Contract. The Contractor agrees to accept the compensation as set forth in this Attachment B as full remuneration for (a) performing all Services and furnishing all staffing and materials required, (b) any reasonably unforeseen difficulties which may arise or be encountered in the performance of the Services until acceptance, (c) risks connected with the Services, and (d) performance by the Contractor of all its duties and obligations required herein. The County shall have no obligation to pay any sum in excess of the total Contract amount specified herein unless authorized by amendment. Contractor’s Expense The Contractor will be responsible for all costs related to photocopying, telephone communications, fax communications, travel, parking, and any and all "out of pocket" expenses incurred by the Contractor during the performance of the Services under this Contract, unless otherwise specified. The Contractor shall be responsible for payment of all parking costs and expenses incurred at a County facility while performing work under this Contract, except to the extent the County facility has free parking available to the public and the Contractor makes appropriate use of this free parking. However, the County will at no point provide free parking to the Contractor in the County Civic Center.
II. PRICING NOTE: CONTRACTOR MUST SUBMIT COSTS FOR THE LCM SYSTEM CONTAINED IN THIS PROPOSAL USING THE COST/COMPENSATION TEMPLATE [EXCEL SPREADSHEET] TITLED “ATTACHMENT B COST/COMPENSATION” PROVIDED AS PART OF THE RFP. III. PAYMENT TERMS The Contractor shall reference the Contract number on the invoice. Payment shall be net 45 days in Arrears after receipt of an invoice in a format reasonably acceptable to the County and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor. Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements. Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
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IV. PAYMENT/INVOICING INSTRUCTIONS The Contractor shall provide a Monthly Invoice on the Contractor‟s letterhead for services rendered. Each invoice shall have a number and shall include the following information: 1. 2. 3. 4. 5. 6. 7.
Contractor‟s name and address; Contractor‟s remittance address (if different from 1 above); Name of County agency or department; County Contract number; Cost; Contractor‟s Federal I. D. number; and Total.
The responsibility for providing an acceptable invoice to the County for payment rests with the Contractor. Incomplete or incorrect invoices are not acceptable and shall be returned to the Contractor for correction. The County‟s Project Manager, or designee, is responsible for approval of invoices and subsequent submittal of invoices to the Auditor-Controller for processing of payment. Invoices and support documentation are to be forwarded to: County of Orange – Offices of the Public Defender Attn: Jerry Sakelaris 14 Civic Center Plaza Santa Ana, CA 92701
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Attachment B: Cost/ Compensation [ENTER VENDOR'S NAME] II. PRICING LCM Solution - Pricing Schedule Non-Recurring Costs: DESCRIPTION
UNIT
COST PER UNIT TOTAL COST
Enterprise License (Annual or Perpetual License) Annual License
$
-
Perpetual License
$
-
$
-
One-time
Total One-Time Implementation Fees (includes all milestones below)* - 100% 1. Complete Requirements Review, Design Review, Software Installation, Configuration, and Data Mapping - 35% 2. Complete the Agency Interfaces, and Data Migration - 25% 3. Complete User Acceptance - 15% 4. Complete User Training (Software Training, Manuals, and Documentation) - 15% 5. Software System Ready to Go Live - 10% Total Non-Recurring Costs
*Payments will be made upon the completion of each milestone.
Recurring Costs: DESCRIPTION Annual Software Maintenance Fee
YEAR 1
GRAND TOTAL - YEAR 1 COST (Non-Recurring & Recurring) $
County of Orange RFP 017-C003155-DB 5/8/2015 4:53 PM
YEAR 2
$
- $
YEAR 3 - $
YEAR 4 - $
YEAR 5 - $
TOTAL 5-YEARS - $
-
-
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ATTACHMENT C STAFFING PLAN (Complete and submit as part of Section II, Part 3, # 4 – Staffing Plan) Contractor staffing team to perform the requirements set forth in the Contract’s Scope of Work.
Name and Title
Role in Implementation
Qualifications for Role in Implementation (attach resume)
*The Contractor shall obtain written approval from the County‟s Project Manager prior to making any substitutions for individual project team members.
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ATTACHMENT D IMPLEMENTATION PLAN AND ACCEPTANCE AND TESTING PROCEDURES (Complete and submit as part of Section II, Part 3, # 6 - Proposal Response Requirements) 1. In this section, Contractor will provide an Implementation Plan and Acceptance and Testing Procedures to be used to ensure Services are provided in compliance with County specifications and requirements, including, but not limited to, the following: a. Contractor shall deliver Software(s) with the appropriate configurations and customizations to support the County of Orange Public Defender‟s department requirements at the end of the implementation phase, as specified in the Contract. b. Contractor shall provide professional services to implement the proposed LCM System (includes project management, solution and report development, data conversion, and testing). c. Software configurations, customizations, functional and non-functional system testing, data conversion, report development and testing, system integration testing and user acceptance testing are all part of the Contractor‟s implementation plan. d. Contractor shall integrate the proposed LCM System solution with other County systems, including the County Accounting and Payroll System (CAPS+) and the ISO web portal, based on mutually agreed interface requirements and/or business processes specified herein. Integration must be through industry standard interfaces. 2. For the proposed LCM System solution, Contractor shall respond to the following questions: a. Describe your implementation plan for the Software features outlined in Appendix 1. Include a detailed, resource loaded project schedule with tasks, durations, dependencies, start and end dates that includes County and Contractor resources required for implementation. b. Describe in detail the scope, level of effort, schedule for configuration, customization, report development and data conversion required to meet the County‟s requirements. c. List your implementation team and the experience and qualifications of each person. d. Describe your methodology and approach for ensuring project quality and how project risks will be managed and mitigated. e. Describe your methodology and approach for ensuring product quality which includes requirements traceability, functional and non-functional (performance/stress) system testing, system integration testing and user Acceptance Testing. Please provide a comprehensive test plan. f.
If the proposed LCM system and its implementation will require substantial configuration, customization, and/or a time-phased, deliverable based approach to satisfactorily meet the County‟s business requirements as stated in Attachment A, Scope of Work, please describe the details of the approach and the applicable timeline.
g. Describe your methodology and approach for design, development and implementation of the LCM System interfaces and integration with County‟s CAPS+ system and the ISO portal. County of Orange RFP 017-C003155-DB
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ATTACHMENT E ANNUAL SOFTWARE MAINTENANCE AND SUPPORT (Complete and submit as part of Section II, Part 3, # 7 – Proposal Response Requirements) a.
Contractor shall provide County with Software necessary to fulfill all the requirements established in Attachment A (Scope of Work) to the Contract.
b.
Contractor shall provide Annual Maintenance and Support that, at a minimum, meet the following requirements: 1) Contractor shall provide all LCM System software maintenance and warranty Updates, Upgrades, patches, fixes, etc. at no additional cost. 2) Contractor‟s Software maintenance and warranty services will extend to all configurations, report development and data conversion efforts included in the solution implementation. 3) Contractor shall provide less than 24-hour turnaround bug fix support for LCM System software incidents. 4) Contractor shall use commercially reasonable efforts to provide modifications or Upgrades to the Software to retain compatibility with future Microsoft Office products. 5) On-Call Support - During the term of the Contract, Contractor shall provide phone/online support to identify and correct bugs between releases.
c.
For the proposed LCM System solution, Contractor shall: 1) Describe the level of maintenance and support that will be available after implementation. 2) Describe the methods for contacting technical support and the hours of operation for technical support. 3) Describe how the County‟s requests for minor and major enhancements and customization are handled. 4) Describe how you measure your average and maximum response time for incidents, inquiries, and customer problems. Please explain and provide these times. 5) Describe the Annual Maintenance and Support you are proposing for the County. 6) Indicate whether your company has a formal users‟ group and, if so, whether there is one in Orange County. 7) Describe your release strategy and how it relates to customer customizations. 8) Describe your development model and how you address migration control/new releases. 9) Describe how you handle Update versions to the Software. 10) Describe how patches/maintenance releases are applied/deployed. 11) Provide the scheduled release cycle. 12) Describe how Updates and fixes are deployed/applied.
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13) Describe your policy regarding source code. 14) Provide a recent history of system enhancements. 15) Provide a detailed description of bug fixes, feature Upgrades, release schedule, product roadmap, etc., which the County is to receive for payment of the annual software maintenance and support fee.
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APPENDIX 1 LCM SYSTEM REQUIREMENTS CHART ID
Section
1
Ad-hoc and Built-in Management Reporting
2
Ad-hoc and Built-in Management Reporting
3 4
Ad-hoc and Built-in Management Reporting Ad-hoc and Built-in Management Reporting
5
Ad-hoc and Built-in Management Reporting
6
Administration
7
Administration
8
Administration
9
Administration
10
Application
11
Application
12
Application
13
Application
14
Application
15
Application
16
Application
17
Application
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Requirement
Comply
Does Not Comply
Comply with Exception
Exportable to PDF, RTF, XML or Microsoft Office formats Built-in reports, for example: 1. Caseloads 2. Calendars 3. Do Not Represent (DNR) Accessible from dashboards Easy creation of ad-hoc reports by end users Email reports as attachment or from within the body of the email from within the system Easy modifications or additions to charge tables Easy modifications or additions to drop down menus Capable of running and creating reports Microsoft Active Directory integrated: 1. Single Sign-On (SSO) 2. User and Group based security Commercial Off-The-Shelf (COTS): 1. Configurable 2. Software Maintenance (Regular updates and releases) Developed in a Microsoft .NET Solution: 1. ASP.NET (Frontend) 2. SQL Server 2012 R2 (Backend) Document management system integrated Financial system integrated Interface with other Justice Partners systems for data exchange: 1. Auditor Controller 2. Orange County Superior Court of California 3. County Counsel 4. Crime Lab 5. District Attorney 6. Health Care Agency AOT / Public Guardian 7. Probation Department 8. Sheriff‟s Department Microsoft integrated with: 1. Exchange 2010 and above 2. Office 2013 3. SharePoint 2013 Support up to 500 simultaneous users Web based application (Microsoft Internet Explorer 11+) Page 68 of 80 PD File Folder C003155
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18
Case Expenses Tracking
19
Case Expenses Tracking
20
Case Expenses Tracking
21 22
Case Expenses Tracking Case Expenses Tracking Comprehensive System Security
23
Ability to track, for example 1. Copy expenses 2. Interpreters expenses 3. Expert witness expenses 4. Staff travel expenses 5. Transcription expenses 6. Witness expenses Ability to check the payment status on invoice(s) Automatically populate forms and letters with client and case information. For example: 1. Expert witness contract letters 2. Subpoenas 3. Transcription requests 4. Travel requests Capable of running and creating reports Workflow for approving case expenses Ability to seal juvenile records
24
Comprehensive System Security
Auditing / Logging of all activities and events: 1. Historical record of all changes made to the system‟s components 2. System errors and events are logged into Windows event logs
25
Comprehensive System Security
Capable of running and creating reports
Comprehensive System Security
Integrated with Microsoft Active Directory: 1. Access is based on User and Group privileges 2. Single Sign-On (SSO)
26
27 28 29 30 31 32 33 34 35 36 37
Comprehensive System Security Comprehensive System Security Conflict Check and Do Not Represent (DNR) Conflict Check and Do Not Represent (DNR) Conflict Check and Do Not Represent (DNR) Conflict Check and Do Not Represent (DNR) Conflict Check and Do Not Represent (DNR) Conflict Check and Do Not Represent (DNR) Conflict Check and Do Not Represent (DNR) Conflict Check and Do Not Represent (DNR) Conflict Check and Do Not
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Restricted access to closed cases Restricted access to juvenile information Ability to enter a reason for declaring the conflict and make it restricted information Ability to add someone to the DNR list Ability to remove someone from the DNR list Ability to run multiple names on a manual conflict check Automatically add the conflicted parent on juvenile cases when opened Automatically remove the conflicted parent on juvenile cases when closed Automatically add witnesses and alleged victims to the DNR list Automatically add co-defendants to the DNR list Automatically send out alerts and Page 69 of 80 PD File Folder C003155
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Represent (DNR)
38
Conflict Check and Do Not Represent (DNR)
39
Conflict Check and Do Not Represent (DNR)
40
Conflict Check and Do Not Represent (DNR)
41
Conflict Check and Do Not Represent (DNR)
42
Data Migration
43
Data Migration
44
Data Migration
45
Data Migration
46
Document Management
47
Document Management
48
Document Management
49
Document Management
50
Document Management
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Bid 017-C003155-DB
notifications of individual(s) who are on the DNR list for more than a specified amount of time. Capable of running and creating reports Identify potential conflicts during case openings and when people are added to the case Send out alerts and notifications to staff when a possible conflict is identified Types of alerts and notification examples: 1. Dashboards 2. Email notifications 3. Pop-up messages 4. SMS text notifications Migrate data from LegalEdge American Defender SQL 2008 database Migrate data from Public Defender custom application SQL 2003 database Migrate data from Public Defender Microsoft Access 2013 database Migrate data from Microsoft Accounting 2009 database Capture documents from: 1. Copiers 2. Desktop Scanners 3. Multifunction Printers (MFP) Document Export Utility 1. Export file(s) into a compressed file for transport 2. Password protect and encrypt file(s) 3. Redact confidential information from scanned documents Document Version Control 1. Document check in / check out 2. Version history to maintain an original copy of discovery documents Electronic Document Workflow 1. Routing discovery file(s) to the appropriate case once received from the District Attorney‟s Office interface 2. Routing documents for approval. For example: a. Check requests b. Copy requests c. Expert witness requests d. Transcription requests e. Travel requests Microsoft Office integration 1. Drag and drop interface 2. Save email messages and attachments directly into application Page 70 of 80 PD File Folder C003155
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Bid 017-C003155-DB
3.
51
Document Management
52
Document Management
53
Document Management
54
Document Management
55
Event Management
56
Event Management
57
Event Management
58
Event Management
59
Event Management
60
Event Management
61
Event Management
62
Event Management
63
Event Management
64
Event Management
County of Orange RFP 017-C003155-DB
5/8/2015 4:53 PM
Send documents as an attachment and/or links to document using MS Outlook Microsoft SharePoint integration 1. Allow users to search for documents from SharePoint 2. Microsoft .NET environment Scanning and Indexing documents 1. Automatically OCR and index PDF and TIFF documents Search Engine 1. Boolean Query Search 2. Full Text Search 3. Meta Tags 4. Searches multiply common file types 5. Wildcard searches Store audio, video, pictures and other types of files Ability to add activity sheet(s) for attorneys via the system or scanned document(s) Ability to add investigator / paralegal case progress note(s) Ability for attorneys to add future court dates from a mobile device Ability for attorney managers to add a case weight Ability for attorney managers to assign/reassign case(s) Ability for investigators to create and add a Confidential Memo(s) Ability for investigators/paralegals to keep progress note(s) private until published Ability for investigator supervisors to assign/reassign investigation / paralegal request(s) Capable of running and creating reports. For example: 1. Activity sheets 2. Completed tasks 3. Investigation / Paralegal requests 4. Past due tasks 5. Progress notes Real time notifications. For example: 1. Case has been assigned or reassigned 2. Case is closed 3. Case information has been accessed by someone who is not currently assigned to the case (except clerical and management) 4. Case information has been updated 5. Conflict is declared Page 71 of 80 PD File Folder C003155
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County of Orange
Bid 017-C003155-DB
6.
65
Event Management
66
Event Management
67 68 69 70
Electronic Discovery Creation and Acceptance Electronic Discovery Creation and Acceptance Electronic Discovery Creation and Acceptance Electronic Discovery Creation and Acceptance
71
Electronic Filing with the Court
72
File Tracking and File Room Management
73 74 75 76
File Tracking and File Room Management File Tracking and File Room Management File Tracking and File Room Management File Tracking and File Room Management
77
Forms Generation and Preparation
78
Forms Generation and Preparation
County of Orange RFP 017-C003155-DB
5/8/2015 4:53 PM
Document(s) or file(s) have been added to the case 7. Investigation/Paralegal request has been assigned or reassigned 8. Past due tasks Types of alerts and notifications 1. Dashboards 2. Email notifications 3. Pop-up messages 4. SMS text notifications Workflow for approving requests. For example: 1. Investigations 2. Investigation Assistants 3. Paralegals 4. Writs and Appeals Bate stamp numbering Confirmation reports for delivery and receiving of eDiscovery Data encryption of data while at rest and while in transport Interface with District Attorney‟s Office to exchange eDiscovery For example: 1. Civil (One Legal) 2. Motions 3. Orders 4. Probate (One Legal) Ability to upload a MS Excel spreadsheet with file locations from a long term storage facility Barcode file tracking Capable of running and creating reports File check in/out system Workflow for approving requests for file(s) Automatically populated templates / forms using Microsoft Word or Excel. For example: 1. Check request form 2. County car request form 3. Consumer Notice form 4. Expert Witness contract letter 5. Public Defender Fee form 6. Release form 7. Travel request form Automatic document creation using Microsoft Word. For example: 1. Confidential Memos 2. Jail Packets 3. Orders 4. Subpoenas Page 72 of 80 PD File Folder C003155
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County of Orange
79
80 81 82 83 84
Forms Generation and Preparation
Forms Generation and Preparation Forms Generation and Preparation Forms Generation and Preparation Justice Partner Integration (Data Exchanges) Justice Partner Integration (Data Exchanges)
85
Justice Partner Integration (Data Exchanges)
86
Justice Partner Integration (Data Exchanges)
87 88 89 90 91 92
Justice Partner Integration (Data Exchanges) Justice Partner Integration (Data Exchanges) On-line Documentation and Help On-line Documentation and Help On-line Documentation and Help On-line Documentation and Help
93
Performance
94
Performance
95 96
Performance Performance
97
Person and Case Information
98
Person and Case Information
99
Person and Case Information
County of Orange RFP 017-C003155-DB
5/8/2015 4:53 PM
Bid 017-C003155-DB
Automatically populate Judicial Adobe Acrobat Forms. For example: 1. GC20 (Mental Health) 2. MC265 Writ of Habeas Corpus (LPS-ACT) 3. MC270 Writ of Habeas Corpus (Mental Health) Exportable to PDF, RTF, XML or Microsoft Word and Excel formats Mail merge Templates management Interface with Court‟s System to pull docket codes and docket calendars Interface with District Attorney‟s system to exchange e-discovery Interface with Sheriff‟s System for custody status, booking and housing information Interface with Probation System for Orders and Juvenile Billing and Terms and Conditions Interface with Auditor Controller system for Adult Billing for PD Fees Interface with Crime Lab for blood alcohol results Webinars training FAQs How To‟s Video Training Moving between records 2 seconds or less Moving between screens 2 seconds or less Record look up 3 seconds or less Support up to 500 simultaneous users Person-Based System 1. Provide a single view for a person 2. Multiple identifiers 3. Shows all cases linked to person General Search 1. Enable search of key information related to a case or person Variant Name Search 1. Enable name searches of names that sound alike and display results by decreasing likelihood of a match Page 73 of 80 PD File Folder C003155
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County of Orange
100
Person and Case Information
101
Public Defender Expenses and Fee management
102
Person and Case Information
103
Person and Case Information
104
Scheduling and Calendaring
105
Scheduling and Calendaring
106
Scheduling and Calendaring
107
Scheduling and Calendaring
108
Scheduling and Calendaring
109
Scheduling and Calendaring
110 111 112 113
Scheduling and Calendaring Scheduling and Calendaring Scheduling and Calendaring Scheduling and Calendaring
114
Sentencing
115
Sentencing
116
Support for mobile devices
117
Statistical reporting
County of Orange RFP 017-C003155-DB
5/8/2015 4:53 PM
Bid 017-C003155-DB
Wildcard characters searches Financial System 1. Accounts Payable (AP) 2. Electronic Fund Transfer (EFT) 3. Financial reports 4. General Ledger (GL) 5. Prepares and prints 1099 6. Print checks Integration with other financial system 1. Auditor Controller for adult criminal Public Defender fee billing 2. Probation Department for juvenile Public Defender fee billing Workflow for expense approval. For example: 1. Expert Witness 2. Travel 3. Transcription Accessible from dashboards Ability to access multiple calendars at one time Ability to update calendars from a mobile device Ability to view daily, weekly, monthly calendars Ability to create calendars. For example: 1. Dockets / Courtrooms 2. Team / Group Ability for Investigations / IAs / Paralegals to calendar case activity. For example: 1. Field Work 2. Phone Interview 3. Work in the office Email reminders Microsoft Outlook synchronization Pop-up notifications Printable calendars Interface with the Court System for sentencing information Interface with Probation Department for Terms and Conditions of Probation For example: 1. Smart phones (Android, IOS, Windows) 2. Windows tablets For example: 1. Homicides 2. Felonies 3. Misdemeanors 4. Specials 5. Jury Trials Page 74 of 80 PD File Folder C003155
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County of Orange
118
Time tracking
119
Time tracking
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5/8/2015 4:53 PM
Bid 017-C003155-DB
6. Court Trials 7. Probation Violations (PVs) 8. Open cases 9. Closed cases 10. Staff caseloads Create printable time sheets Track staff time for reimbursable programs. For example: 1. AB109 2. Prop 36 3. Sexual Violent Predator (SVP)
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County of Orange
Bid 017-C003155-DB
EXHIBIT I County of Orange Child Support Enforcement Certification Requirements In order to comply with child support enforcement requirements of the County of Orange, within ten (10) days of award of Contract, the successful Contractor must furnish to the agency/department deputy purchasing agent: A.
In the case of an individual Contractor, his/her name, date of birth, Social Security number, and residence address;
B.
In the case of a Contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of 10 percent or more in the contracting entity;
C.
A certification that the Contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
D.
A certification that the Contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply. The certifications will be stated as follows:
"I certify that __________________ is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of Contract ______________ with the County of Orange. I understand that failure to comply shall constitute a material breach of the contract and that failure to cure such breach within 10 calendar days of notice from the County shall constitute grounds for termination of the contract. It is expressly understood that this data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders and for no other purposes and will be held confidential by those agencies. Failure of the Contractor to timely submit the data and/or certifications required above or to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the Contract. Failure to cure such breach within 10 calendar days of notice from the County shall constitute grounds for termination of the Contract. After notification of award, the successful Contractor may use the forms supplied herein, to furnish required information listed above.
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County of Orange
Bid 017-C003155-DB
COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT CERTIFICATION REQUIREMENTS
A.
In the case of an individual Contractor, his/her name, date of birth, Social Security number, and residence address: Name: D.O.B: Social Security No: Residence Address:
B.
In the case of a Contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of 10 percent or more in the contracting entity: Name: D.O.B: Social Security No: Residence Address:
Name: D.O.B: Social Security No: Residence Address:
Name: D.O.B: Social Security No: Residence Address:
(Additional sheets may be used if necessary)
C.
A certification that the Contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
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County of Orange
D.
Bid 017-C003155-DB
A certification that the Contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply.
"I certify that
___________________ is in full compliance with all applicable federal and state
reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of Contract ________________ with the County of Orange. I understand that failure to comply shall constitute a material breach of the Contract and that failure to cure such breach within 10 calendar days of notice from the County shall constitute grounds for termination of the Contract.
Authorized Signature
County of Orange RFP 017-C003155-DB
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Name
Title
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County of Orange
Bid 017-C003155-DB
EXHIBIT II EDD Independent Contractor Reporting Requirements Effective January 1, 2001, the County of Orange is required to file federal Form 1099-Misc for services received from a “Contractor” to whom the County pays $600 or more or with whom the County enters into a Contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term “Contractor” is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as “an individual who is not an employee of the Service recipient for California purposes and who received compensation or executes a Contract for services performed for that Service recipient within or without the state.” The term is further defined by the California Employment Development Department to refer specifically to independent Contractors. An independent Contractor is defined as “an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a Contract for services performed for that ... government entity either in or outside of California.” The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at www.edd.ca.gov/txicr.htm. To comply with the reporting requirements, County procedures for contracting with independent Contractors mandate that the following information be completed and forwarded to the contracting agency/department immediately upon request: First name, middle initial and last name Social Security Number Address Start and expiration dates of Contract Amount of Contract
______________________________________________________________________________ First Name Middle Initial Last Name SSN ________________________________________________________________________
Contract Number ____________________________ Dollar value of Contract_____________ Start Date ______________________________
County of Orange RFP 017-C003155-DB
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Expiration Date ___________
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County of Orange
Bid 017-C003155-DB
County of Orange: Public Defender Legal Case Management System Attachment B: Cost/ Compensation Instructions II. Pricing Offeror(s) must complete the Pricing table for non-recurring and recurring costs. If you need to include any additional elements, please include pricing for those elements as supplemental cost information on a separate worksheet.
1c61709e5706441c9b542aa40b386793.xlsx 5/8/2015 4:53 PM
Instructions
DO NOT MAKE CHANGES TO THIS PRICING MODEL. If you need to include any additional elements, please include pricing for those elements as supplemental cost information on a separate worksheet.
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County of Orange: Public Defender Legal Case Management System (RFP #017-C003155-DB) Attachment B: Cost/ Compensation [ENTER VENDOR'S NAME] II. PRICING LCM Solution - Pricing Schedule Non-Recurring Costs: DESCRIPTION
COST PER UNIT TOTAL COST
UNIT
Enterprise License (Annual or Perpetual License) Annual License
$
-
Perpetual License
$
-
$
-
One-time
Total One-Time Implementation Fees (includes all milestones below)* - 100% 1. Complete Requirements Review, Design Review, Software Installation, Configuration, and Data Mapping - 35% 2. Complete the Agency Interfaces, and Data Migration - 25% 3. Complete User Acceptance - 15% 4. Complete User Training (Software Training, Manuals, and Documentation) - 15% 5. Software System Ready to Go Live - 10% Total Non-Recurring Costs
*Payments will be made upon the completion of each milestone.
Recurring Costs: DESCRIPTION Annual Software Maintenance Fee
YEAR 1 $
YEAR 2 -
$
YEAR 3 -
$
YEAR 4 -
$
YEAR 5 -
$
-
2 1c61709e5706441c9b542aa40b386793.xlsx
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Pricing Table
p. 84
County of Orange
Bid 017-C003155-DB
COUNTY OF ORANGE CEO/IT
AMENDMENT # 1 TO REQUEST FOR PROPOSAL FOR: OFFICES OF THE PUBLIC DEFENDER LEGAL CASE MANAGEMENT SOFTWARE (LCM) SYSTEM
RFP NO. 017-C003155-DB FILE FOLDER C003155
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County of Orange
REQUEST FOR PROPOSAL COUNTY OF ORANGE CEO/IT Division 1501 E. St. Andrew Place Suite 200 Santa Ana, CA 92705 (714) 567-7506
PROPOSALS MUST BE RECEIVED BY OR PRIOR TO:
4:00 P.M. ON OR BEFORE
Bid 017-C003155-DB INSTRUCTIONS 1. SUBMIT 1 ORIGINAL, 8 COPIES AND 8 USB or CD ROM IN MS WORD (PREFFERED) OF YOUR PROPOSAL 2. RETURN THIS PAGE SIGNED, WITH PROPOSAL. 3. ALL PROPOSALS AND COST/COMPENSATION DOCUMENTS ARE TO BE IDENTIFIED WITH RFP #017-C003155-DB AND DELIVERED SIMULTANEOUSLY IN SEPARATE SEALED ENVELOPES OR PACKAGES.
June 2, 2015 Proposal Number 017-C003155-DB
Date: May 8, 2015
County CEO/IT File Folder Number: C003155
REQUEST FOR PROPOSAL (“RFP”) COVER PAGE Project Title: Legal Case Management Software (“LCM”) System
This amendment will supersede the previous requirement of the RFP. RFP Section I.C.5 is amended as follows: 5. Proposal Copies: Each Offeror must provide the following:
One (1) original signed copy of Offeror’s Proposal The Offeror’s original signed Proposal is to be clearly marked as “ORIGINAL” on the outside cover and contain original ink signatures. Offeror’s Attachment B – Cost Compensation section shall be submitted in a separate sealed envelope and marked accordingly. Proposals are not to be marked as confidential or proprietary and must not contain confidential, proprietary, or trade secret information.
Eight (8) photocopies of Offeror’s Proposal The Offeror’s photocopies of the signed Proposal are to be clearly marked as “COPY” on the outside cover. The photocopies of the Offeror’s Attachment B - Cost Compensation section shall be submitted in a separate sealed envelope and marked accordingly. Proposals are not to be marked as confidential or proprietary and must not contain confidential, proprietary, or trade secret information.
Eight (8) Compact Disc (CD-ROM) or USB Flash Drive copies of Offeror’s Proposal
The Offeror’s CD or USB Flash Drive copies of the Proposal shall contain the Offeror’s Proposal in Microsoft Word file/version and contain the Offeror’s Attachment B - Cost Compensation in Microsoft Excel file/version.
County of Orange RFP 017-C003155-DB Amendment # 1 5/8/2015 4:53 PM
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County of Orange
Bid 017-C003155-DB
Question and Answers for Bid #017-C003155-DB - Legal Case Management Software System
5
Overall Bid Questions Question 1 Will you be releasing the Model Contract, Scope of Work and all Attachments in MIcrosoft Word format? Submission Format on page 8 of the RFP states that these documents must be returned in Microsoft Word format. (Submitted: May 8, 2015 7:45:34 AM PDT) Answer - No, the County will not be providing these documents in Microsoft Word format. The documents on the CD-ROM or USB Flash Drive shall be in Micorsoft Word file/version and Attachement B - Cost Compensation shall be in Excel file/version. (Answered: May 8, 2015 3:51:45 PM PDT) Question Deadline: May 15, 2015 4:00:00 PM PDT
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