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COUNTY OF SANTA CLARA, CALIFORNIA
REQUEST FOR PROPOSAL
FOR
JAIL INMATE SERVICES PROGRAM
RFP NUMBER: RFP-PRO-FY18-0078
ISSUE DATE:
NOVEMBER 22, 2017
PROPOSALS DUE:
JANUARY 11, 2018
PROCUREMENT DEPARTMENT
2310 North First Street, 2nd Floor
San Jose, CA 95131
Procurement Officer: Michele McCarthy
Telephone: 408-491-7494
Email: michele.mccarthy@prc.sccgov.org
TABLE OF CONTENTS
I.
II.
III.
IV.
V.
VI.
INTRODUCTION .................................................................................................................................................. 3
PROJECT SCOPE ............................................................................................................................................... 6
TIMELINE ............................................................................................................................................................ 9
EVALUATION..................................................................................................................................................... 13
RESPONSE FORMAT AND ORGANIZATION .................................................................................................. 15
REQUIREMENTS AND PROPOSER'S SUBMITTAL ....................................................................................... 17
APPENDICES
All applicable Appendices must be submitted with the proposal.
APPENDIX A: INMATE CALLING SYSTEMS
A.1 TECHNICAL REQUIREMENTS AND RESPONSE FORM
A.2 FUNCTIONAL REQUIREMENTS AND RESPONSE FORM
A.3 PROGRAM OBJECTIVES AND PROGRAM DEPLOYMENT RESPONSE FORM
A.4 PROPOSAL COST RESPONSE FORM
APPENDIX B: INMATE TABLET SERVICES PLATFORM
B.1 TECHNICAL REQUIREMENTS AND RESPONSE FORM
B.2 FUNCTIONAL REQUIREMENTS AND RESPONSE FORM
B.3 PROGRAM OBJECTIVES AND PROGRAM DEPLOYMENT RESPONSE FORM
B.4 PROPOSAL COST RESPONSE FORM
APPENDIX C: NON-COLLUSION DECLARATION
APPENDIX D: DECLARATION OF LOCAL BUSINESS, IF APPLICABLE
APPENDIX E: DECLARATION OF COMPLIANCE WITH WAGE THEFT PREVENTION POLICY
APPENDIX F: PROPOSER'S TERMS AND CONDITIONS
The following Appendices are to be submitted separately from and prior to the proposal submittal
and in accordance to the Schedule of Events as indicated in this RFP.
APPENDIX G: TEMPORARY SECURITY CLEARANCE
APPENDIX H: INTENT TO RESPOND
ATTACHMENTS
All Attachments below are for reference only and are not required to be submitted with the
proposal
ATTACHMENT 1: CONDITIONS GOVERNING THE PROCUREMENT
ATTACHMENT 2: SAMPLE COUNTY OF SANTA CLARA TERMS AND CONDITIONS
ATTACHMENT 3: INSURANCE REQUIREMENTS
ATTACHMENT 4: SANTA CLARA COUNTY IT VENDOR SECURITY ASSURANCE REQUIREMENTS
ATTACHMENT 5: COUNTY TRAVEL POLICY
ATTACHMENT 6: JAIL FACILITIES TOUR INFORMATION
ATTACHMENT 7: DESIRED FEATURES AND FUNCTIONALITIES
7.1.1 INMATE CALLING SYSTEMS - TECHNICAL
7.1.2 INMATE CALLING SYSTEMS - FUNCTIONAL
7.2.1 INMATE TABLET PLATFORM - TECHNICAL
7.2.2 INMATE TABLET PLATFORM - FUNCTIONAL
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
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I.
A.
INTRODUCTION
INVITATION
The County of Santa Clara (“County”) Sheriff’s Office (“SHO” or “Department”) is seeking
proposals from prospective providers utilizing current technology and equipment to institute a
portion of the Jail Inmate Services Program (JISP) for the County. The Contractor is expected
to provide JISP services including program deployment, which includes implementation,
transition, training, and on-going support and maintenance.
The County envisions the JISP to be multi-part. This request for proposal (RFP) initially covers
two (2) streams of Jail Inmate Services Program for inmates housed in the County’s correctional
facilities:
1) Inmate Calling Systems (ICS)
2) Inmate Tablet Services Platform (ITSP) (hardware and installed software)
The selected Contractor(s) shall provide the program services in three (3) County facilities: the
Main Jail complex in San Jose for male inmates; the Elmwood Correctional complex in Milpitas
for male inmates and a separate facility also at Elmwood for the female inmates. All costs
incurred in the provision of program services shall be the responsibility of the Contractor(s)
including but not limited to equipment, installation, connectivity, maintenance, storage,
hardware, software, security, training, set-up and any other implementation services necessary
to furnish the County with current technology and equipment to meet the specifications herein.
Only one submittal will be accepted from proposers. However, that submittal may include a
proposal for one (1) or two (2) of the above specified streams.
There will be two (2) separate evaluations of proposals for the two (2) streams. This RFP may
result in a single or multiple awards. The County reserves the right to award in full or in part for
a proposal submitted. If there are multiple awards, awards may not be given concurrently. The
County intends to award a contract(s) with a term of up to three (3) years, with the option by
County to renew for two (2) additional one (1) year terms, unless terminated earlier or otherwise
amended.
A mandatory tour of the jail facilities will be held on the date and time specified in Section III.A
of this RFP. All proposers must attend the tour. The maximum number of participants per
proposing entity is two (2). The County may consider accommodating a third participant
depending on total group size and available slots. A security clearance is required by the
Sheriff’s Office for all persons entering the jail facilities. All entities intending to participate in the
tour are required to submit a TEMPORARY SECURITY CLEARANCE request form found in
APPENDIX G of this RFP, listing the specific participants. Please complete the form and return
via email to the Procurement Officer on or before the due date and time specified in this RFP.
A mandatory pre-proposal conference will be conducted directly following the tour. All
proposers must attend the pre-proposal conference. While the RFP is comprehensive, there
will be further information and details about the project disclosed at the pre-proposal conference
which may not be captured in the solicitation documents.
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INTRODUCTION
Proposers intending to respond to this solicitation should submit APPENDIX H, INTENT TO
RESPOND, via email to the Procurement Officer, on or before the due date and time specified
in this RFP. Sending the INTENT TO RESPOND does not mandate a response nor prohibit a
response to the RFP by the due date and time.
B.
BACKGROUND
1. County of Santa Clara
Santa Clara County (SCC) is the fifth most populous County in California, with a population of
nearly 1.9 million people. The County contains fifteen cities, encompassing approximately
1,300 square miles, which have large concentrations of electronics, research and manufacturing
firms. Santa Clara County is the fifth-largest County government in the State and has an
estimated workforce of 21,000.
The County provides a wide range of services to its residents. The services include general
government, public protection, roads maintenance, health care, public assistance, fire
protection, libraries, sanitation, and general aviation airports. The County also operates
"enterprise" programs, which charge fees to customers, residents, clientele and patients for
services. Two examples are the Santa Clara Valley Medical Center (VMC) and the County
airports.
Policy making and legislative authority are vested in the County Board of Supervisors, which
consists of an elected supervisor from each of the County’s five districts. The Board’s
responsibilities include passing ordinances, adopting the Budget, appointing committees and
appointing the County Executive who manages the day to day operations of the County. For
more information please go to www.sccgov.org.
2. Sheriff’s Office (SHO)
The Santa Clara County Sheriff’s Office manages the fifth largest jail system in California, and
is considered one of the 20 largest systems in the United States. In 2015, the County housed
and cared for an average of 3,638 inmates a day. Approximately 65,000 arrestees are booked
into the Main Jail annually. The average length of stay is about 110 days, and a significant
percentage of the inmate population has a history of drug or alcohol related problems.
Inmates are housed in one of three facilities: the Main Jail complex in San Jose for male
inmates; the Elmwood Correctional complex in Milpitas for male inmates and a separate facility
also at Elmwood for the female inmates. The County Board of Supervisors has approved
construction of a new jail addition to the Main Jail complex that will replace one of the older
sections of the Jail and add approximately 200 additional beds and program space.
The Sheriff’s Office is also responsible for the management of inmates who are sentenced but
serving time out of custody such as those ordered to work programs or those qualified under
California Assembly Bill 109 and are supervised by the Custody Alternative Supervision Unit
(CASU).
The Sheriff’s Office manages local, regional and statewide law enforcement systems primarily
for the law enforcement agencies in the County of Santa Clara, but also for Santa Cruz, San
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INTRODUCTION
Benito and Monterey counties. Notwithstanding, the Sheriff’s Office is mandated to adhere to
the FBI’s Criminal Justice Information Services (CJIS) policy and the California Law
Enforcement Telecommunications System (CLETS) Policies Practices & Procedures (PPP) in
order to maintain and provide authorized CLETS access to the agencies we support. The
Sheriff's Office is the Department of Justice (DOJ) appointed Control Agency in Santa Clara
County for CLETS. As a result, there are 48 local, federal and state Law Enforcement agencies
operating in Santa Clara County and that connect to CLETS through the Sheriff's Office data
center. Being the control agency for CLETS also makes the Sheriff's Office responsible for the
48 agencies adherence to the CJIS and CLETS policies as they relate to the CLETS
connections and dissemination of CLETS information.
Further information about the Santa Clara County Jail can be found on its website https://www.sccgov.org/sites/sheriff/Pages/sheriff.aspx
3. Information Services Department (ISD)
The Information Services Department (ISD) performs information and technology systems
planning, development, acquisition, implementation, support and maintenance for a majority of
County Departments. ISD provides a comprehensive array of services:
a. Application Services
• Strategy
• Software Solutions
• Information Technology Sourcing
• Support (Business Analysis, Project Management, Data Analytics)
b. Technical Services
• Data Center Operations
• Hosting Services (Mainframe, Servers, Storage, Backup/Recovery, System
Administration, Database Administration)
• Customer Service (Help Desk)
• Field Support (Employee Devices, Software, Hardware)
• Network and Telecommunications infrastructure
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II. PROJECT SCOPE
A. Program Objectives
County goals related to the implementation of the Jail Inmate Service Program include:
Reduce Recidivism: By providing educational and well-being on-line content as well
as other useful resources through the inmate tablet platform, can be reduced from their
current levels.
Reduce Cost: Within the constraints of all applicable legal requirements and
government agency mandates, the primary objective of this RFP is to achieve the lowest
possible call and tablet computer based services costs for inmates, called parties and
the County, while providing cost recovery to the Contractor.
Increase Operational Efficiency: Improve accountability and efficiency by utilizing
tablets for inmate-initiated processes.
Improve Customer Service: Establish and maintain an open line of communication
where the end-users, at all levels, can have their concerns addressed with an
appropriate and meaningful resolution.
The County seeks fully operational inmate calling services (Inmate Calling Systems) and
service-enabled tablets for inmate use (Inmate Tablet Services Platform). Training for inmates,
technicians, and support staff is required of the successful provider(s).
The County is looking for a comprehensive solution that includes the following.
Usage Monitoring: Being able to monitor calling device and tablet activity as necessary
for the safety and security of the general public and our correctional facilities.
Optimization: Achieving the highest possible performance, utilizing existing County
infrastructure and including the maximum possible desirable and highly desirable
system requirements requested.
System Administration: The ability to administratively operate these systems, in an
efficient manner, at all levels, from within the correctional facilities where they are
installed.
Future Enhancements: As technology improves, it is expected that the Inmate Calling
Systems and Inmate Tablet Services Platform provided under this resultant contract will
be constant candidates for enhancements with software upgrades, integration of service
platforms and updated industry practices.
Proposed products and services shall comply with all Federal, State and local laws and
regulations along with any policies from the County’s Information Security Office. Proposed
services shall meet American Disabilities Act (ADA) standards.
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PROJECT SCOPE
B. Program Deployment
It is the intent of the County to have any resultant contract begin with a transition period of an
as yet undetermined length, prior to the conclusion of the current contract. The transition period
is intended to allow the selected Contractor(s) time to install, enable, and implement the
infrastructure required to manage the Contractor’s system, and provide the training required to
operate the ICS and ITSP.
The selected Contractor(s) shall begin providing ICS and ITSP services immediately upon
conclusion of the current Contractor’s contract. The current ICS Agreement has an end date of
November 15, 2018. The new ICS solution should be functional no later than October 31, 2018.
In the case of ITSP, the features not dependent on WiFi are expected to be functional by
October 31, 2018, subject to negotiations.
C. Inmate Calling Systems (ICS)
Santa Clara County Sheriff’s Office Department provides calling systems in the County’s jail
facilities: one (1) in San Jose, California, and two (2) in Milpitas, California.
The system currently consists of the following types of services and equipment:
1. Standard Inmate Telephones – 677 units
2. Visitation Telephones – 250 units
3. Telephone Devices for the Deaf (TDD) – 27 units
4. Portable Telephone Devices for the Deaf – 27 units
5. Portable Telephones with Amplified Handsets – 27 units
Current Contractor, GTL, provides inmates with Standard Inmate Telephone services by
enabling local toll (intralata), long distance toll (interlata), interstate, intrastate, and international
calling. Inmates have the ability to pay for these outbound calls using a personal fund account
which is managed through services provided by the Department’s commissary vendor,
Aramark, and overseen by the County.
The County is seeking to:
1. Replace the current ICS services and equipment, and
2. Enable an electronic payment platform which either interfaces with or supports the
commissary vendor’s systems payment platform.
D. Inmate Tablet Services Platform (ITSP)
The Department also seeks services to provide tablet computers with software applications to
be used by inmates in the Santa Clara County jail system (“Jail”). A small number of tablets are
used by the Independent Defense Counsel Office for Discovery purposes, but no inmate tablet
computer solution is currently in place for all inmates.
It is the vision of the Department that each inmate housed in the Jail should have access to a
tablet computer for a portion of each day while in custody. The tablet should enable the inmates
to perform the following basic activities and tasks:
1. Advance their education, at minimum to achieve a GED
2. Review the Inmate Handbook
3. Submit Inmate Requests
4. Place Commissary Orders
5. Submit Inmate Grievances
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PROJECT SCOPE
If an activity uses WiFi, then it is strongly preferred that the County’s Network/WiFi Infrastructure
is utilized. Any proposed solution utilizing the County’s WiFi needs to be compatible with an
802.11n network.
The Department envisions inmates will in the future be able to use the tablets to participate in
rehabilitative programs, view and listen to entertainment content, complete training certification
programs, place outbound calls, and perhaps other activities as yet un-identified.
Generally, Inmate Tablets are subject to the same standards of security and control applicable
to ICS in this RFP, e.g.: inmate activities and use of the tablet computers are subject to
monitoring, recording, and control by authorized Department personnel.
Inmate Tablets shall be used for services which are free to the inmate (at the County’s
determination) such as access to the Department’s Inmate Handbook, as well as options for
fee-based services.
The County is seeking a vendor to:
1) Provide an Inmate Tablets Services Platform, which includes:
a. Creating and implementing processes to manage inventory and distribution of the
tablets and applications
b. Performing tablet maintenance, including:
i. Updating and managing the operating system (OS)
ii. Repairing and/or replacing the device
2) Provide an electronic payment platform which interfaces with, or supports the
Department’s contracted commissary vendor, Aramark.
E. Appendices
The following applies to both streams, Inmate Calling Systems and Inmate Tablet Services
Platform:
1) Technical requirements (Appendices A.1 and B.1)
2) Functional requirements (Appendices A.2 and B.2)
3) Program Objectives and Program Deployment requirements (Appendices A.3 and B.3)
Appendices A.1, A.2, B.1, B.2, provide the minimum technical and functional requirement for
ICS and ITSP for which the proposed products are able to meet or exceed in its current state.
Appendices A.3 and B.3 provide the detailed scope of work for desired professional services.
Included in the scope of work are the following services and deliverables:
Program Objectives
Program Deployment
o Project management, including project planning, staffing, progress reporting
and change order management;
o Transition services
o Implementation services for the solution’s key functional capabilities,
including system configuration, testing and validation, functional testing,
security assessment and compliance
o Training for County staff, including product training and general knowledge
transfer;
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III.
TIMELINE
This section of the RFP contains the anticipated schedule for the procurement and describes the
procurement events as well as the conditions governing the procurement.
A.
SCHEDULE OF EVENTS
The County will make every effort to adhere to the following anticipated schedule:
EVENT
1. Issue of RFP
Deadline to Submit Temporary Security
2.
Clearance for Jail Facility Tour
Tour of the Jail Facilities and Pre3.
Proposal Conference
4. Deadline To Submit Written Questions
Response to Written Questions/RFP
5.
Addendum Posted
6. Deadline to Submit Intent to Respond
7. Submission of Proposals
8. Proposal Evaluation
9. Selection of Short List
10. Demonstration/Presentations
11. Selection of Finalist(s)
12. Final Negotiations
13. Issue Notice of Intent to Award
14. Contract Approval and Execution
15. Commencement of Contract
B.
DATE
11/22/2017
12/6/2017 3:00 pm Pacific Time
12/13/2017 8:00 am – 5:00 pm Pacific Time
12/15/2017 3:00 pm Pacific Time
12/20/2017
12/22/2017 3:00 pm Pacific Time
1/11/2018 3:00 pm Pacific Time
1/15/2018-2/2/2018
2/9/2018
2/12/18 – 2/23/18
March 2018
March-April 2018
April 2018
April 2018
May 2018
POINT OF CONTACT
The County has designated a Procurement Officer who is responsible for the conduct of this
procurement whose name, address and telephone numbers are listed below:
Michele McCarthy
Procurement Department
2310 North First Street, 2nd Floor
San Jose, CA 95131
Telephone: 408-491-7494
E-mail: michele.mccarthy@prc.sccgov.org
Any inquiries or requests regarding this procurement must be submitted to the Procurement
Officer in writing. Proposers may contact ONLY the Procurement Officer regarding this RFP.
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TIMELINE
C.
EXPLANATION OF EVENTS
1. ISSUE OF RFP
This RFP is being issued by the County of Santa Clara Procurement Department. Copies of
this RFP including supporting documents may be obtained from http://www.bidsync.com.
2. DEADLINE TO SUBMIT TEMPORARY SECURITY CLEARANCE FOR JAIL FACILITIES
TOUR
Submit The Temporary Security Clearance Form for each individual intending to participate
in the Tours of Jail Facilities via email by the due date listed in Paragraph A of Section III to
the Procurement Officer.
Individuals applying for Security Clearance will be notified whether approval to attend the
Tour of the Jail Facilities has been granted.
3. TOUR OF THE JAIL FACILITIES AND PRE-PROPOSAL CONFERENCE
Participation at the Jail Facilities Tour and attendance of the Pre-proposal Conference is
mandatory and is a prerequisite for submission of a proposal
Jail Facilities Tour date/time/location:
Date: December 13, 2017
Time: 8:00 am – 3:30 pm
Location: Main Jail
County of Santa Clara
150 West Hedding Street
San Jose, CA 95110
Please refer to ATTACHMENT 6: JAIL FACILITIES TOUR INFORMATION for Jail facilities
rules, visitors advisory, tour tips, tour itinerary, driving directions and parking instructions.
The mandatory Pre-Proposal Conference will immediately follow the tour.
Date: December 13, 2017
Time: 3:30 pm – 5:00 pm
Location: Elmwood Correctional Facility
County of Santa Clara
945 Thompson Street
Milpitas, CA 95035
No audio, video, or written, transcript record of the proceedings of this pre-proposal
conference will be available after its conclusion. The County will make every effort to
tabulate a list of all questions and responses at the pre-proposal event but does not
guarantee that the list will include every question asked at the event. A list of vendors
attending the pre-proposal conference may be made available after the conclusion of the
event.
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TIMELINE
4. DEADLINE TO SUBMIT WRITTEN QUESTIONS
Submit all written questions via email or www.bidsync.com by the due date listed in
Paragraph A of Section III to the Procurement Officer. Questions submitted in any other
manner or format will not be responded to.
5. RESPONSE TO WRITTEN QUESTIONS /RFP ADDENDUM POSTED
Questions received prior to a scheduled pre-proposal conference may be responded to at
the conference. Answers to all written questions received by the deadline and any material
change to the RFP will be listed on an addendum to the RFP and posted on
http://www.bidsync.com on the date mentioned in Paragraph A of Section III. Additional
written questions must be received by the Procurement Officer no later than two (2) days
after the addendum is posted. The County will respond in a timely manner by including an
addendum to the RFP posted on www.bidsync.com. Thereafter, the County does not
guarantee a response. The County, however, reserves the right to post additional addenda
until the RFP closing date and time.
6. DEADLINE TO SUBMIT INTENT TO RESPOND
Pursuant to the INTRODUCTION section of this RFP, Proposers intending to participate in
the solicitation should submit via email, APPENDIX H, INTENT TO RESPOND, to the
Procurement Officer at the due date as specified in Section III.A, Schedule of Events.
7. SUBMISSION OF PROPOSALS
Proposals must be received no later than the deadline specified in Paragraph A of
Section III. Proposals must be addressed to and received at the place listed below. All
received proposals will be time stamped.
Michele McCarthy, Procurement Officer
RFP-PRO-FY18-0078
PROCUREMENT DEPARTMENT
2310 North First Street, 2nd Floor
San Jose, CA 95131
Proposals must be sealed and labeled on the outside of the package to clearly indicate that
they are in response to the RFP # and title as referenced on the cover page. Packages will
be accepted between the hours of 8 am to 5 pm Pacific Time.
8. PROPOSAL EVALUATION
An Evaluation Committee will review and evaluate the proposals and make a
recommendation as to which Proposer(s) to move to the next round of evaluation.
9. SELECTION OF SHORT LIST
Proposers that demonstrate their capacity, ability and capability to meet the County’s
requirements will be determined to be within the competitive range and selected on the
shortlist of Proposers to progress to the next round of evaluation.
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TIMELINE
10. DEMONSTRATIONS/PRESENTATIONS
At County’s option, Proposers may be required to perform a demonstration/presentation of
their proposed solution. Demonstrations/presentations will be held on-site at a County
location. The date, time, location, and presentation guidelines will be provided to the
Proposers.
11. SELECTION OF FINALIST(S) FOR NEGOTIATIONS
At County’s option, one or more Proposers may be selected as finalists and invited to move
forward in the process.
12. FINAL NEGOTIATIONS
One or more Proposers may be selected to enter into negotiations with the intent of award.
13. ISSUE NOTICE OF INTENT TO AWARD
Pursuant to the completion of the final negotiations, the Procurement Officer will issue a
notice of intent to award a contract and notify all proposers.
14. CONTRACT APPROVAL AND EXECUTION
Based on the total value of the contract, either the Board of Supervisors or the Director of
Procurement will execute the agreement.
15. COMMENCEMENT OF CONTRACT
Commencement of contract is upon execution by both parties.
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IV. EVALUATION
A.
FACTORS
The evaluation criteria listed below will be utilized in the evaluation of the Proposer’s written
proposals and demonstration/presentation accordingly. The expectation is that those proposals
in the competitive range may be considered for contract award. The proposal should give clear,
concise information in sufficient detail to allow evaluation based on the criteria below. A
Proposer must be acceptable in all relevant criteria for a contract to be awarded to that Proposer
whose proposal provides the best value to the County.
1. Corporate strength, experience, financial strength, references and reputation of
Proposer;
2. Ability to meet the technical and functional requirements;
3. Ability to meet the program objectives and program deployment
4. Local Preference; and
The degree of the importance of cost will increase with the degree of equality of the proposals
in relation to the other factors on which selection is to be based.
B.
LOCAL PREFERENCE POLICY
In a formal solicitation of goods or services, the County of Santa Clara shall give Local
Businesses the preference described below.
“Local Business” means a lawful business with a physical address and meaningful “production
capability” located within the boundary of the County of Santa Clara. The term “production
capability” means sales, marketing, manufacturing, servicing, provision of services, or research
and development capability that substantially and directly enhances the firm's or bidder's ability
to perform the proposed contract. Post Office box numbers, residential addresses, a local sales
office without any support and/or a local subcontractor hired by the contractor may not be used
as the sole basis for establishing status as a “Local Business.”
In the procurement of goods or services using an Invitation to Bid or another solicitation method
in which price is the determining factor for award of the contract, five percent (5%) shall be
subtracted from a bid submitted by a responsive and responsible Local Business in determining
the lowest responsive responsible bidder. If application of the 5% results in a Local Business
bid being lower than the non-local business bid, the contract award shall be made to the Local
Business at the Local Business' original bid price. If after applying the 5% discount, two or more
competing vendors have bid the same price, local businesses shall be given preference.
In the procurement of goods or services in which best value is the determining basis for award
of the contract - for example, a Request for Proposals - five percent (5%) of the total points
awardable will be added to the Local Business score.
When a contract for goods or services, as defined in this policy, is presented to the Board for
approval, the accompanying transmittal document shall include a statement as to whether the
proposed vendor is a Local Business, and whether the application of the local preference policy
was a decisive factor in the award of the proposed contract. The local preference policy may
only be applied based on the entity submitting a bid or proposal and not a subcontractor or
business partner.
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EVALUATION
This Local Business preference shall not apply to the following:
(1) Public works contracts;
(2) Where such a preference is precluded by local, state or federal law or regulation;
(3) Contracts funded in whole or in part by a donation or gift to the County where the special
conditions attached to the donation or gift prohibits or conflicts with this preference policy.
The donation or gift must be approved or accepted by the Board in accordance with County
policy; or
(4) Contracts exempt from solicitation requirements under an emergency condition in
accordance with Board policy, state law and/or the County of Santa Clara Ordinance Code.
C.
WAGE THEFT PREVENTION POLICY
The County of Santa Clara does not tolerate wage theft. Accordingly, Santa Clara County Board
of Supervisors’ Policy Manual, Section 5.5.5.4, includes the following:
Wage Theft Prevention
It is the policy of the County that all parties contracting with the County must comply with all
applicable federal, state, and local wage and hour laws, including, but not limited to, the Federal
Fair Labor Standards Act, the California Labor Code, and any Minimum Wage Ordinance
enacted by the County or any city within the County of Santa Clara. A potential contractor that
has submitted a formal or informal bid to provide goods and/or services to the County may be
disqualified if the potential contractor has been found, by a court or by final administrative action
of an investigatory government agency, to have violated applicable wage and hour laws in the
five years prior to the submission of a bid to provide goods and/or services. A current contractor
found by a court or by final administrative action of an investigatory government agency to have
violated applicable wage and hour laws, in the five years prior to or during the term of the contract
with the County, may be in material breach of its contract with the County if the violation is not
fully disclosed and/or satisfied per County guidelines and contract requirements. Such breach
may serve as a basis for contract termination and/or any other remedies available under law,
including a stipulated remediation plan.
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V. RESPONSE FORMAT AND ORGANIZATION
This section contains relevant information Proposers should use for the preparation of their proposals.
A.
NUMBER OF RESPONSES
Only one proposal will be accepted from any one person, partnership, corporation or other
entity; however, several alternatives may be included in one proposal.
B.
C.
ORIGINAL AND COPIES
1.
Proposers must provide one (1) original and six (6) identical copies of their proposal to
the location specified on or before the closing date and time for receipt of proposals.
2.
The original binder/submittal must be stamped “ORIGINAL” and contain original
signatures on the necessary forms. The remaining sets should be copies of the
originals.
3.
Proposers shall provide one (1) electronic copy of their proposal in USB Flash Drive
format readable by Microsoft Office 2007 (Word, Excel and Project) software. The USB
Flash Drive shall be taped or otherwise attached to the inside front cover of the
ORIGINAL proposal binder.
PROPOSAL FORMAT
All proposals submitted shall be printed on standard 8 ½ x 11 paper (larger paper is permissible
for charts, spreadsheets, etc.) and placed within a binder with tabs delineating each section.
Hard copies should utilize both sides of the paper where practical.
1.
LETTER OF TRANSMITTAL
Each proposal received must include a letter of transmittal. The letter of transmittal
should:
1. Identify the submitting organization;
2. Identify the name, title, telephone and fax numbers, and e-mail address of the person
authorized by the organization to contractually obligate the organization;
3. Identify the name, title, telephone and fax numbers, and e-mail address of the person
authorized to negotiate the contract on behalf of the organization;
4. Identify the names, titles, telephone and fax numbers, and e-mail addresses of
persons to be contacted for clarification;
5. Be signed by the person authorized to contractually obligate the organization; and
6. Acknowledge receipt of any and all addenda to this RFP and:
7. Identify all sections of the proposal that the Proposer claims contain “proprietary” or
“confidential” information.
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RESPONSE FORMAT AND ORGANIZATION
2.
PROPOSAL ORGANIZATION
The proposal should be organized and indexed in the following format and must contain,
at a minimum all listed items in the sequence indicated:
Tab 1:
Tab 2:
Tab 3:
Tab 4:
Tab 5:
Letter of Transmittal (Section V.C.1)
Table of Contents
Executive Summary (Section V1.A.1)
Proposer’s Corporate Information (Section VI.A, Items 2-5)
Appendix A: Inmate Calling Systems
A.1 Technical Requirements Response Form
A.2 Functional Requirements Response form
A.3 Program Objectives and Program Deployment Response Form
Tab 6: Appendix B: Inmate Tablet Services Platform
B.1 Technical Requirements Response Form
B.2 Functional Requirements Response form
B.3 Program Objectives and Program Deployment Response Form
Tab 7: APPENDIX C: Non-Collusion Declaration
Tab 8: APPENDIX D: Declaration of Local Business, if applicable
Tab 9: APPENDIX E: Declaration of Wage Theft Prevention Policy Compliance
Tab 10: APPENDIX F: Proposer’s Terms and Conditions
APPENDICES A.4 and B.4 – PROPOSAL COST RESPONSE FORM
The original form for Inmate Calling Systems must be submitted in a sealed envelope
marked “APPENDIX A.4- ORIGINAL.” In addition, Proposer must submit six (6) copies
in one separate sealed envelope marked “APPENDIX A.4 - COPIES.”
The original form for Inmate Tablet Services Platform must be submitted in a sealed
envelope marked “APPENDIX B.4- ORIGINAL.” In addition, Proposer must submit six
(6) copies in one separate sealed envelope marked “APPENDIX B.4 - COPIES.”
Do NOT place printed copies of the Proposal Cost Response Forms in the original or
copy binders.
3.
PROPOSAL PREPARATION INSTRUCTIONS
Within each section of their proposal, Proposers should address the items in the order
in which they appear in this RFP. All forms provided in the RFP shall be thoroughly
completed and included in the appropriate section of the proposal.
4.
NON-CONFORMING SUBMISSIONS
A submission may be construed as a non-confirming proposal, ineligible for
consideration or incomplete if it does not comply with the requirement of this RFP.
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VI. REQUIREMENTS AND PROPOSER’S SUBMITTAL
This section contains requirements, and relevant information Proposers should use for the preparation
of their proposals. Proposers should thoroughly respond to each requirement.
A.
PROPOSER’S CORPORATE INFORMATION
1.
EXECUTIVE SUMMARY
Include an executive summary which should be a one or two page summary intended
to provide the Evaluation Committee with an overview of the significant business
features of the proposal.
2
PROPOSER’S EXPERIENCE AND OTHER INFORMATION
The Proposer shall include in their proposal a statement of relevant experience. The
Proposer should thoroughly describe, in the form of a narrative, its experience and
success as well as the experience and success of its subcontractors, if applicable, in
providing and/or supporting the proposed system.
In addition, Proposers are required to provide the following information:
a. The name of the jurisdiction in which the Proposer is organized and the date of such
organization.
b. Length of time the Proposer has been providing the offered solution.
c. A description of the Proposer’s organization, including names of principals, number
of employees, client base, areas of specialization and expertise, and any other
information that will assist the Evaluation Committee in formulating an opinion about
the stability and strength of the organization.
d. Proposer shall provide a description of the depth of their experience with installing
and supporting the proposed system.
e. Proposer shall provide a discussion of the type and duration of the business
relationship with the manufacturer(s) whose products are included in the proposed
system.
f.
Proposer must identify the physical location of the application and data storage
facilities.
g. A complete disclosure if Proposer, its subsidiaries, parent, other corporate affiliates,
or subcontractors have defaulted in its performance on a contract during the past
five years which has led the other party to terminate the contract. If so, identify the
parties involved and the circumstances of the default or termination.
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REQUIREMENTS AND PROPOSER’S SUBMITTAL
h. A list of any lawsuits filed against the Proposer, its subsidiaries, parent, other
corporate affiliates, or subcontractors in the past five years and the outcome of those
lawsuits. Identify the parties involved and circumstances. Also, describe any civil or
criminal litigation or investigation pending.
3.
FINANCIAL STABILITY/PROPOSER FINANCIAL INFORMATION
Proposer shall submit copies of the most recent years independently audited financial
statements, as well as those for the preceding three years, if they exist. The submission
shall include the audit opinion, balance sheet, income statement, retained earnings,
cash flows, and notes to the financial statements. If independently audited financial
statements do not exist for the Proposer, the Proposer shall state the reason and,
instead, submit sufficient information such as the latest Dun and Bradstreet report to
enable the Evaluation Committee to determine the financial stability of the Proposer.
The Procurement Officer may request and the Proposer shall supply any additional
financial information requested in a timely manner.
Proposers must provide this information with their proposal and not defer
submission at a later date. The Procurement Officer may request, and the Proposer
shall supply any additional financial information requested in a timely manner.
4.
PAST PERFORMANCE (REFERENCES)
The Proposer’s submittal shall include three different external references from clients
who have completed their projects in the last three years, who are willing to validate the
Proposer’s past performance on similar projects of size and scope. References are
preferred to be of previous or existing federal, state, county and city customers.
The minimum information that shall be provided for each client reference follows:
a.
b.
c.
d.
e.
f.
5.
Name of the contact person;
Name of the company or governmental entity;
Address of the contact person;
Telephone number of contact person;
Email address of the contact person;
A description of the services provided and dates the services were provided.
INDEMNITY AND INSURANCE REQUIREMENTS
Proposers shall provide a certificate(s) of insurance or a copy insurance declaration
page(s) with their proposals as written evidence of their ability to meet the insurance
certificate and other applicable County insurance requirements in accordance with the
provisions listed in ATTACHMENT 3 of the RFP. In addition, Proposers should provide
a letter from an insurance agent or other appropriate insuring authority documenting
their willingness and ability to endorse their insurance policies making the County an
additional insured.
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REQUIREMENTS AND PROPOSER’S SUBMITTAL
B.
INMATE CALLING SYSTEMS REQUIREMENTS (APPENDIX A)
The TECHNICAL, FUNCTIONAL, AND PROGRAM OBJECTIVES AND PROGRAM
DEPLOYMENT REQUIREMENTS for the proposed Jail Inmate Calling Systems are defined in
Appendix A.
Proposers must complete and submit TECHNICAL REQUIREMENTS RESPONSE FORM,
FUNCTIONAL REQUIREMENTS RESPONSE FORM, AND THE PROGRAM OBJECTIVES
AND PROGRAM DEPLOYMENT REQUIREMENTS RESPONSE FORM referenced as
Appendices A.1, A.2, and A.3 respectively with their proposal.
C.
INMATE TABLET SERVICES PLATFORM REQUIREMENTS (APPENDIX B)
The TECHNICAL, FUNCTIONAL, AND PROGRAM OBJECTIVES AND PROGRAM
DEPLOYMENT REQUIREMENTS for the proposed Jail Tablet Services Platform are defined in
Appendix B.
Proposers must complete and submit TECHNICAL REQUIREMENTS RESPONSE FORM,
FUNCTIONAL REQUIREMENTS RESPONSE FORM, AND THE PROGRAM OBJECTIVES
AND PROGRAM DEPLOYMENT REQUIREMENTS RESPONSE FORM referenced as
Appendices B.1, B.2, and B.3 respectively with their proposal.
D.
COST PROPOSAL (APPENDICES A.4 AND B.4)
Proposers shall complete all pages of the Proposal Cost Response Forms and submit them in
sealed envelopes with their proposal.
E.
OTHER SUBMITTALS
1.
NON-COLLUSION DECLARATION (APPENDIX C)
Proposers shall complete and submit Non-Collusion Declaration form with their
proposal.
2.
DECLARATION OF LOCAL BUSINESS (APPENDIX D)
Proposers shall complete and include the Declaration of Local Business, with their
proposal, if applicable.
3.
DECLARATION OF COMPLIANCE WITH WAGE THEFT PREVENTION POLICY
(APPENDIX E)
Proposer shall complete and include Declaration of Compliance with Wage Theft
Prevention Policy, with their proposal.
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REQUIREMENTS AND PROPOSER’S SUBMITTAL
4.
PROPOSER’S TERMS AND CONDITIONS (APPENDIX F)
Should Proposer object to any of the County’s terms and conditions listed in
ATTACHMENT 2, Proposer must propose specific alternative language and indicate the
reason for their objection. The County may or may not accept the alternative language.
General references to the Proposer’s terms and conditions or attempts at complete
substitutions are not acceptable to the County. Proposer must provide a brief discussion
of the purpose and impact, if any, of each proposed changed followed by the specific
proposed alternate wording.
In addition, Proposer must submit with their proposal any additional terms and conditions
that they expect to have included in the contract negotiated with the County. Proposer
must provide specific proposed wording and a brief discussion of the purpose and
impact, if any. Include any applicable agreement, such as license, service level,
maintenance, etc.
5.
TEMPORARY SECURITY CLEARANCE FORM (APPENDIX G)
Pursuant to the Introduction section of this RFP, Proposers intending to participate in
the Jail Facility Tour should submit via email, APPENDIX G, TEMPORARY SECURITY
CLEARANCE FORM, to the Procurement Officer at the due date as specified in Section
III.A, Schedule of Events
6.
INTENT TO RESPOND (APPENDIX H)
Pursuant to the Introduction section of this RFP, Proposers intending to participate in
the solicitation should submit via email, APPENDIX H, INTENT TO RESPOND, to the
Procurement Officer at the due date as specified in Section III.A, Schedule of Events.
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APPENDIX A
INMATE CALLING SYSTEMS
A.1 TECHNICAL REQUIREMENTS AND RESPONSE FORM
1) Description of System
a) Provide a description of the proposed product, functions, customizations, interfaces and services,
including how the proposed solution will meet or exceed the requirements stated in the entire RFP.
Include sufficient technical information about the application, operating environment and
performance data to enable the County to determine whether or not the proposed solution meets
the technical environment, security and interface prerequisites.
For ICS proposals, basic requirements are as follows:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
All inmate mounted devices shall include a hook switch, handset and 12-button
keypad and be of a type designed for and suitable for use in a correctional facility.
With an exception for intake area mounted devices which can be speakers for single
occupancy cells.
Devices shall be "tamperproof", with steel encased housings and shockproof keypads.
Inmate devices shall not have any exposed screws, bolts, metal or hard substance
fasteners etc., which could be removed from the unit without the use of specially
designed removal devices or tools.
All handsets must be of heavy-duty construction with no removable parts and must be
hearing aid compatible.
The handset cord must be armored with an internal stainless steel lanyard with a
maximum cord length of 12 inches.
All devices shall be waterproof and fireproof.
All devices shall have key-locked mountings.
All devices and system equipment must be new and completely operational at cutover.
All proposed equipment must comply with FCC rules and meet or exceed all
applicable codes and standards for installation and service.
Proposed systems shall provide audio quality which meets or exceeds industry
standards for transmitted and received signal levels, noise, cross talk and frequency
range.
System shall use industry standard internet technologies.
Proposers may propose advanced or alternative technologies and different services,
provided that they meet the requirements set forth in this RFP.
b) Provide a case study for a successful solution implementation used by inmates in custody and
housed in correctional facilities.
c) Describe how frequently your product release upgrades and any other technology enhancements.
d) Describe your company’s product vision and how your company sees the product in the
marketplace with a two- to five-year outlook; include a statement of strategic direction. Are there
any new industry standards that are currently being implemented in your solution?
`
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APPENDIX A
e) Describe your company’s current and future plans to offer its customers enhancements to the
existing the products in its proposed solution; include the timeline and frequency for enhancements.
f)
Describe how access privileges are configured in the solution, and whether or not privileges can
be based on group designations and roles.
g) Identify any requirement to purchase interfaces from other vendors to work with the proposed
solution.
h) Identify any required services from other vendors to work with the proposed solution.
i)
Describe any customer required maintenance/support tasks, and any relevant maintenance
schedule.
j)
Provide a list and description of the proposed solution software products, with current version
number and release date.
k) Provide a technical description of the proposed solution’s components, how interfaces will be
provided to integrate with applications which will be on premises (owned and maintained by the
County), and a typical architecture model that supports high availability and fault tolerance in the
overall solution. Include any components needed in order to support the application interfaces
itemized in the Functional Requirements section of this RFP.
l)
Identify any software components included in the solution that are not supplied directly by the
Offeror (any/all third party software).
m) Describe the licensing model(s) available for the software (concurrent user, named user, server
cores, enterprise, other).
n) Describe how your systems complies with meet American Disabilities Act (ADA) standards, and
comply with all Federal, State, and local laws and regulations.
o) Describe how your system will replace all handsets/inmate calling equipment.
p) Describe how your system will provide full-scale, comprehensive monitoring, recording, feature
controls, and reporting.
2) Backup/Recovery
a) Describe any unique backup capabilities/requirements for the proposed solution.
b) Describe how automatic failover occurs or the process for recovery after a failure of one solution
component due to hardware failure, software crash or loss of power.
3) Security Features
a) Describe how the solution audits user access and privilege use and the information that is logged.
b) Describe how different levels of security and privileges are established.
c) Describe your procedures when County identifies a security issue; include the issue reporting
process, remediation, and corrective action plans.
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APPENDIX A
d) Explain how you would address vulnerabilities or configuration issues the County might find in the
system that creates a risk to sensitive information.
4) Vendor Security Assessment
a) Provide security assurance artifact as evidence of the ability to meet the County IT Vendor Security
Assurance requirements listed in ATTACHMENT 4: IT VENDOR SECURITY ASSURANCE
REQUIREMENTS of the RFP.
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APPENDIX A
A.2 FUNCTIONAL REQUIREMENTS AND RESPONSE FORM
PART I provides a list of questions which need to be responded to by the Proposer. The questions pertain
to functional requirements of the proposed solution. Proposer must provide a response to each question.
PART II provides tables of functional requirements where Proposer is to indicate whether the solution will
meet the requirements described herein.
PART 1 – FUNCTIONAL REQUIREMENTS NARRATIVE RESPONSE FORM
INMATE CALLING SYSTEMS
1. Explain how an inmate will complete a call using your calling system?
2. Explain how the jail will administer access to the calling system, in real time including the ability to
monitor, interrupt, voice over or halt a call?
3. Explain how Jail Staff will administer access to the calling system, off line including the ability to
allow search, retrieve, copy recordings and call logs?
4. Explain the security features of your system?
5. Describe your electronic payment platform which either interfaces with or supports the payment
system of the Department’s contracted commissary vendor, Aramark.
6. Explain any future enhancements/roadmap that will become available to the County in the future?
7. Explain how your proposed system will provide full-scale, comprehensive monitoring, recording,
feature controls, and reporting.
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APPENDIX A
PART 2 – FUNCTIONAL REQUIREMENTS COMPLIANCE CHECKLIST
INMATE CALLING SYSTEMS
Response Code: Proposer should place the appropriate letter designation in the “Cost” column according to
the following codes and their description:
"I" means specification is one that currently exists in the proposed system, in the current production version,
and included in the County’s price.
"A" means specification is one that currently exists in the proposed system, in the current production version,
but has an additional cost. Costs must be outlined in the Appendix B.4, Proposal Cost Response Form.
References: Please provide any additional information requested or any additional information useful to the
proposal in the comments column. If referencing attachments or other included information, write the location
(Section/Page Number) of the discussion of the specification in the Proposer’s submittal. Technical materials
may be submitted as part of the proposal, and should be clearly labeled as such.
ID
Description
MFRC-1
The solution will not allow concurrent inmate calls
with the same PIN number. And will set a flag to be
used by Custody staff
MFRC-2
The authentication mechanism that the Proposer’s
solution relies upon shall associate each user with a
unique login identifier and associate each user login
identifier with a password.
MFRC-3
The solution shall provide the capability to terminate
the network connection associated with a
communications session at the end of the session.
MFRC-4
The system shall enable individual device activation
and deactivation (immediately), at the PIN and all
devices, as well as across the system as a whole.
MFRC-5
The proposed system shall enable the County user,
with the appropriate password and security
clearance, to terminate an inmate call in progress
instantly.
MFRC-6
The proposed system shall provide authorized system
users the ability to break-in on a specific inmate call
in progress in order to talk to the inmate and the
called party.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Cost
(I or A)
Comments and
References
Page 5 of 13
APPENDIX A
ID
Description
MFRC-7
The proposed system shall be capable of preventing
the monitoring and recording of calls between an
attorney and his/her inmate client, at any device
attached to the system, as designated by the County.
MFRC-8
Users of the proposed system shall be provided the
ability to attach note(s) documents to call records for
the purposes of inclusion of information such as the
case number or other investigative data. Any note
attached to a recorded call shall become a permanent
part of the call detail record
MFRC-9
All inmate calling devices shall play an automated
overlay message in English, Spanish and Vietnamese
within the first 30 seconds after call pick up,
announcing the type of call (collect or prepaid for
non-visitation devices) and that the conversation may
be monitored and shall be recorded.
MFRC-10
Inmate call may not connect without positive
acceptance by the called party.
Cost
(I or A)
Comments and
References
If an attempted call is not completed, the proposed
MFRC-11 system shall inform the inmate of the reason the call
was not completed via automated voice response.
The County staff shall be given complete flexibility to
limit the length of calls placed by inmates, e.g. 15
MFRC-12 minutes. The system shall provide the ability to set
such time limits at the PIN and all devices, as well as
across the system as a whole.
The proposed system shall automatically prohibit
calls to pay-per-call, directory assistance, and
emergency services including: 800, 888, 877, 900,
976, 550, 555-1212, 700, 500, 911, 411, carrier (PIC)
MFRC-13
codes, all local numbers which access long distance
carriers such as 950-XXXX, and toll-free area codes
and exchanges, except as approved in advance and in
writing by the County.
Vendors shall provide a description of system
MFRC-14 features and functions which are present to address
and minimize fraudulent use of TDDs.
The proposed system shall provide the County the
ability to control and restrict inmate call usage
MFRC-15
according to Department Rules and Policies and
applicable law.
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APPENDIX A
ID
Description
Cost
(I or A)
Comments and
References
The proposed system shall be capable of blocking an
MFRC-16 unlimited number of individual and designated
private numbers.
In the proposed system, recorded and stored calls
shall provide security measures which absolutely
ensure the call has not been tampered with or altered
MFRC-17
in any way. Stored call security shall extend to
recordings that have been transferred to “offline”
storage media and or systems.
The proposed system shall provide a playback history
list of a recorded call(s) so as to show every system
MFRC-18 user ID that has played back the recorded call in
addition to the date and time the call was played
back.
The proposed system shall provide the ability to
move copies of recorded calls to electronic
MFRC-19
removable media for transport and replay on another
computing device with audio capabilities.
In the proposed call recording system, call recordings
transferred to other (removable) storage locations
MFRC-20
shall include call record detail (time and date of the
call, PIN number, destination number, etc.)
The Contractor shall provide the County with access
to a secure internet resource against which call
MFRC-21 records, prepaid account access, PIN management,
revenue and commission data may be accessed and
downloaded to a locally attached computer.
The proposed call recording system shall provide the
ability to search calls by individual PINS, specific date
MFRC-22
and time criteria, individual destination numbers,
individual inmate calls, or group of inmate calls.
The system shall provide call data in a form that
MFRC-23 facilitates one for one matching of inmate calls placed
to call revenue collected by the vendor.
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APPENDIX A
ID
Description
Cost
(I or A)
Comments and
References
The Department requires the ability to retrieve calls
and call revenue data, by call destination and
applicable rate/fee category, for a specified time
period. Call data available in the inmate call
MFRC-24
management system shall reconcile exactly to
revenue collected by the vendor. Non-billed and noncollected call data shall be included in reconciliation
reports and shown as “un-billed” and “un-collected”.
The system shall support data export of systemgenerated reports to Microsoft Excel compatible file
MFRC-25
formats; e.g. “*.CSV” - comma-separated-value, or
“*.xls”-Microsoft Excel file format.
Management reports shall include but not be limited
to the following list of call attributes: destination
(called) number, call date, call time, originating
MFRC-26 inmate device, call minutes (duration), call type
(Local, Intra-LATA, Inter-LATA, Intrastate, Interstate,
International, PIN, PAN, etc.), Call termination type,
total call cost.
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APPENDIX A
A.3 PROGRAM OBJECTIVES AND PROGRAM DEPLOYMENT
The program objectives and program deployment, including project management, transition, program
implementation, training, and ongoing support requirements are listed in this section.
1.
Program Objectives
a. Describe how your program will support the Program Objectives described
section II. PROJECT SCOPE of the RFP.
b. Describe how the program will work.
c. In the future, the Jail system may be expanded and equipment may need to be
increased to support the inmates at a new jail facility at the Main Jail complex.
Describe scalability of your program and how the program will handle the
expansion.
d. Describe the process of screening process of your employees. Contractor
personnel will need to pass a background check to get into the facility.
e. Describe how you manage and conform to Service Level Agreements (SLAs).
Include samples of reports and other analysis you perform.
2.
Program Deployment
a. Provide a Program Deployment project plan the Proposer would employ for the
project and an explanation of how it will support the project requirements and
logically lead to the required deliverables. The description shall include the
organization of the project team, including accountability and lines of authority.
b. Describe what is required of the County to ensure the successful deployment of
the program.
c. Include the steps that will be undertaken to identify and resolve any issues or
problems before, during and after the deployment.
d. Describe how the relationship between the County and Proposer will be
managed from an account and technical support perspective.
e. Provide sample Work Breakdown Structure (WBS) for a similar project.
f.
Provide a sample Risk Management Plan for a similar project.
g. Describe your processes:
i Ordering procedures
ii Dead on Arrivals (DOAs) and replacements
iii Substitutions
iv Escalations
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APPENDIX A
3.
Training Approach
a. Describe the type and quantity of training that will be provided for each audience.
The description must include the methods by which training will be provided. (e.g.,
online, onsite, webcast, self-paced online courses, etc.) Include the following:
i. Topics to be covered, method of knowledge transfer/training, and delivery
timeline
ii. List of recommended IT product training, with prerequisites, duration,
location, and cost
4.
Statement of Work - Project Work Plan
Provide a detailed work plan for the implementation and operation of the proposed
system that includes following information:
a. Task Level -The plan shall include all activities necessary for a successful
project down to the task level. No task can exceed more than eighty hours in the
work plan.
b. Identify All Resources - The plan shall clearly identify all Proposer (including
subcontractors) and County resources required to successfully complete the
project. Provide job descriptions and the number of personnel to be assigned to
tasks supporting implementation of the project. Identify County resources
needed for each task.
c. Deliverables – describe the deliverables of each task.
d. Timelines – describe the timeline of each task.
e. Acceptance criteria – describe the criteria used to determine completion of
each task.
f.
Plan Progress Charts - The plan shall include appropriate progress/Gantt
charts that reflect the proposed schedule and all major milestones. A sample
project plan shall be submitted using Microsoft Project.
g. Go-Live and Cutover - The plan shall include appropriate steps necessary to
cutover to Production with minimal downtime and service interruption. A sample
project plan shall be submitted using Microsoft Project.
NOTE: The work plan should cover the following components:
a.
b.
c.
d.
e.
5.
Planning and Design
Discovery Capabilities
Data Reconciliation
Information Sharing and Reporting
Security Compliance
System Documentation
a. Describe the documentation provided to facilitate system deployment.
b. Describe the System Administrator documentation provided.
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APPENDIX A
c. Attach a listing summarizing available stock (“canned”) reports provided by the
solution and a sample of each.
d. Describe how system documentation is provided (online, hard copy etc.) for the
initial deployment as well as future updates and releases.
6.
Acceptance Test Plan
Include an acceptance test plan. The plan shall individually address each system
component that comprises the proposed system, approach for load testing, and number
of people to be involved in testing. The plan should document the acceptance testing
approach, resources and/or tools that may be used to validate the functions and features
of the proposed system. Include an example test plan that is representative of the
structure, content, and level of detail planned for this project.
7.
Risk Management
Submit a risk assessment using the methodology published by the Project Management
Institute or other comparable methodology. Include risk mitigation strategies as well as
the resources the County may utilize to reduce risk.
8.
On-Going Service and Support
a. Describe the post deployment follow-up activities that will be provided by the
Proposer, specifically addressing the following tasks:
i.
System debugging to bring application into full conformance with
documentation, proposal and modification specifications
ii. Describe how application and support documentation is updated and
distributed.
b. Provide the normal hours and describe the channels (call, email, web, etc.) for
support. Describe how after hours support is provided. Describe the support and
escalation process, including response times.
c. Indicate the current version of the package. Indicate when the next major version
of the package will be available. For major software upgrades, describe how often
upgrades are released, how upgrades are defined, developed, tested and released,
how customers are notified and educated about the upgrade. Describe the decision
process on how new features and functions get included in the product.
d. Explain if the cost of upgrades (including “patches”, configuration, and
corrections to defects, feature enhancements, and minor and major version updates)
is included with the proposed solution.
e. Explain if software upgrades, or other maintenance window, will impose a service
disruption on the system. If yes, discuss frequency and duration of the service
disruptions.
f. Explain if there is a user group or support community. If yes, explain how often
they meet and where the meetings are held. Include if the user group is a separate
independent organization or funded and organized by the Proposer.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
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APPENDIX A
9.
Value Added Services (OPTIONAL)
Proposers are encouraged but not required to propose any optional value added
services they believe would help the County to effectively implement, operate or use the
proposed system. Information provided in this section must be directly relevant to the
RFP and not exceed two (2) pages in length.
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APPENDIX A
A.4 PROPOSAL COST RESPONSE FORM
The County recognizes that there are several financial models which can be used for the Jail Inmate
Services Program, three of which are:
1) Per minute charge to inmate
e.g. Inmate deposits money into an account, debits .05 per minute for use for everything on the
tablet. County usually receives % of revenue generated (monthly or annually).
2) Incentive based (daily charge to jail)
e.g. Inmate gains credit for accomplishing tasks (e.g. completing math pages). With enough
credits, the inmate can order a service, like movie, music, etc.
3) Hybrid.
Combination of per minute charge and daily charge models.
Please propose your pricing structure for Inmate Calling Systems including all costs for set-up, travel
expenses (if applicable) complying with County Travel Policy, ongoing support and maintenance, and
all others costs related to managing the program.
Please ensure that you differentiate the expenses that an inmate and the County would incur.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
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APPENDIX B
INMATE TABLET SERVICES PLATFORM
B.1 TECHNICAL REQUIREMENTS AND RESPONSE FORM
1) Description of System
a) Provide a description of the proposed product, functions, customizations, interfaces and
services, including how the proposed solution will meet or exceed the requirements stated in
the entire RFP. Include sufficient technical information about the application, operating
environment and performance data to enable the County to determine whether or not the
proposed solution meets the technical environment, security and interface prerequisites.
The basic requirements for ITSP are as follows:
1. Tablets shall not have a camera or other video type equipment
2. Tablets shall be in a tamper proof case, that is detention and corrections grade, which
meets or exceeds the security requirements of the County.
3. The Contractor will ensure that the inmate tablets do not include removable parts
4. Inmate tablets shall deliver full operational capabilities in all inmate areas of the jail as
defined by the County
5. Contractor shall provide mobile charging carts for the Tablets approved by the County
6. Contractor shall provide one FREE pair of earbuds equipped with security features
compatible with the Tablets for every inmate on EACH incarceration. The earbuds shall
not be distributed until approved by the County.
7. Contractor shall work with the commissary vendor to sell replacement earbuds to
inmates at wholesale cost. This arrangement and final cost to the inmates shall be
approved by the County.
8. Contractor shall provide Tablets designed for use by the hearing impaired and in
accordance with all applicable laws.
9. Inmate tablets shall support up to 12 hours of battery life and be rechargeable to full
capacity within an 8 hour period.
Proposers may propose advanced or alternative technologies and different services,
provided that they meet the requirements set forth in this RFP.
b) Provide a case study for a successful solution implementation used by inmates in custody and
housed in correctional facilities.
c) Describe how frequently your product release upgrades and any other technology
enhancements.
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APPENDIX B
d) Describe your company’s product vision and how your company sees the product in the
marketplace with a two- to five-year outlook; include a statement of strategic direction. Are there
any new industry standards that are currently being implemented in your solution?
e) Describe your company’s current and future plans to offer its customers enhancements to the
existing the products in its proposed solution; include the timeline and frequency for
enhancements.
f)
Describe how access privileges are configured in the solution, and whether or not privileges can
be based on group designations and roles.
g) Identify any requirement to purchase interfaces from other vendors to work with the proposed
solution.
h) Identify any required services from other vendors to work with the proposed solution.
i)
Describe any customer required maintenance/support tasks, and any relevant maintenance
schedule.
j)
Provide a list and description of the proposed solution software products, with current version
number and release date.
k) Provide a technical description of the proposed solution’s components, how interfaces will be
provided to integrate with applications which will be on premises (owned and maintained by the
County), and a typical architecture model that supports high availability and fault tolerance in
the overall solution. Include any components needed in order to support the application
interfaces itemized in the Functional Requirements section of this RFP.
l)
Identify any software components included in the solution that are not supplied directly by the
Offeror (any/all third party software).
m) Describe the licensing model(s) available for the software (concurrent user, named user, server
cores, enterprise, other).
n) Describe how your systems complies with meet American Disabilities Act (ADA) standards, and
comply with all Federal, State, and local laws and regulations.
o) Describe how your system will provide full-scale, comprehensive monitoring, recording, feature
controls, and reporting.
p) Describe the network capacity and throughput necessary to support your tablet solution.
2) Backup/Recovery
a) Describe any unique backup capabilities/requirements for the proposed solution.
b) Describe how automatic failover occurs or the process for recovery after a failure of one solution
component due to hardware failure, software crash or loss of power.
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APPENDIX B
3) Security Features
a) Describe how the solution audits user access and privilege use and the information that is
logged.
b) Describe how different levels of security and privileges are established.
c) Describe your procedures when County identifies a security issue; include the issue reporting
process, remediation, and corrective action plans.
d) Explain how you would address vulnerabilities or configuration issues the County might find in
the system that creates a risk to sensitive information.
4) Vendor Security Assessment
a) Provide security assurance artifact as evidence of the ability to meet the County IT Vendor
Security Assurance requirements listed in ATTACHMENT 4: IT VENDOR SECURITY
ASSURANCE REQUIREMENTS of the RFP.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
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APPENDIX B
B.2 FUNCTIONAL REQUIREMENTS AND RESPONSE FORM
PART I provides a list of questions which need to be responded to by the Proposer. The questions
pertain to functional requirements of the proposed solution. Proposer must provide a response to each
question.
PART II provides tables of functional requirements where Proposer is to indicate whether the solution
will meet the requirements described herein.
PART 1 – FUNCTIONAL REQUIREMENTS NARRATIVE RESPONSE FORM
INMATE TABLET SERVICES PLATFORM
1. Describe the applications that enable the inmates to perform the following activities:
a)
b)
c)
d)
e)
Advance their education, at minimum to achieve a GED
Review the Inmate Handbook
Submit Inmate Requests
Place Commissary Orders
Submit Inmate Grievances
2. Explain how the jail will administer access to the services provided on the tablet system, in real time
including the ability to monitor, interrupt, voice over or halt a session.
3. Explain how the jail will administer access to the services provided on the tablet system, in real time
including the ability to monitor, interrupt, voice over or halt a session.
4. Explain how Jail Staff will administer access to the tablet system, off line including the ability to allow
search, retrieve and investigate usage.
5. Explain the security features of your system.
6. Describe your electronic payment platform which either interfaces with or supports the payment
system of the Department’s contracted commissary vendor, Aramark.
7. Explain any future enhancements/roadmap that will become available to the County in the future.
8. Explain how your proposed services will provide full-scale, comprehensive monitoring, recording,
feature controls, and reporting.
9. Taking into consideration the capabilities described in Attachment 7 DESIRED FEATURES AND
FUNCTIONALITIES, please describe your other available software applications.
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APPENDIX B
PART 2 – FUNCTIONAL REQUIREMENTS COMPLIANCE CHECKLIST
INMATE TABLET SERVICES PLATFORM
Response Code: Proposer should place the appropriate letter designation in the “Cost” column
according to the following codes and their description:
"I" means specification is one that currently exists in the proposed system, in the current production
version, and included in the County’s price.
"A" means specification is one that currently exists in the proposed system, in the current production
version, but has an additional cost. Costs must be outlined in the Appendix B.4, Proposal Cost
Response Form.
References: Please provide any additional information requested or any additional information useful
to the proposal in the comments column. If referencing attachments or other included information,
write the location (Section/Page Number) of the discussion of the specification in the Proposer’s
submittal. Technical materials may be submitted as part of the proposal, and should be clearly
labeled as such.
ID
Description
MFRT-1
Inmates will not be assigned a particular tablet. Tablets are
required to work with any password and passwords shall
work on all Tablets.
MFRT-2
Vendor shall provide each inmate a unique login and
password to receive their content.
MFRT-3
All applications are required to be “intranet” based and run
on Vendors internal network. Tablets shall not allow
inmates access to the internet.
MFRT-4
Security features so that inmates can not to load anything
on the Tablet, access anything other than approved content
through the intranet or modify any items on or through the
Tablet.
MFRT-5
Tablets shall not allow access until the inmate is logged in.
MFRT-6
Security features to ensure contents on any Tablet cannot
be shared with others.
MFRT-7
Provide strict single use log in. An inmate PIN/account may
only be in use for one device at a time.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Cost
(I or A)
Comments and
References
Page 5 of 12
APPENDIX B
ID
Description
MFRT-8
Tablets shall be clearly identified by a numbered
identification using a numbering system that includes
identifying marks as designated by County.
MFRT-9
If an inmate attempts to access system settings or
administrative functions, the tablet shall immediately shut
down and a notification alert sent to County and Vendor.
The inmates log-in shall automatically be locked to prevent
any use or accessing until cleared by the County.
Cost
(I or A)
Comments and
References
County shall have the ability to immediately restrict an
MFRT-10 inmate’s access to an individual application(s) or the tablet
as a whole.
The vendor will ensure the inmate tablets consists of
hardware and software designed to enable the Sheriff’s
Office to control and record all inmate activity on an
individual user basis. In the event of any inmate grievances
or disciplinary actions against an inmate the vendor will
make available:
• Proof of services available to the inmate.
• Inmate activity on the network/tablet.
• Actions taken by corrections staff limiting or providing
access. The vendor will provide:
• Dates and times of any changes or modification to
MFRT-11
access.
• Identification of the corrections staff member that
made the changes.
• The vendor will ensure integration with any future
Sheriff’s Office Jail Management System (JMS),
Commissary Services, and the Inmate Calling System,
at no cost to the Sheriff’s Office or to the County
• The vendor shall provide detailed information and take
the lead on complying with the specifications required
for each interface.
All content in the Streaming Services is required to be
preapproved by County. Vendor is responsible for
MFRT-12 providing a sufficient description of the content to allow
County to approve without the necessity of viewing each
item.
Tablets and Streaming content shall be free of any
MFRT-13 marketing and advertisements, without the express written
consent of County.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
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APPENDIX B
ID
Description
MFRT-14
Inmate tablets are required to provide all offered content
in English, Spanish, and Vietnamese, at a minimum.
MFRT-15
Preloaded free features, which minimally shall include a
calendar, a calculator, and a dictionary
Cost
(I or A)
Comments and
References
Provide the ability to read the Inmate Handbook by
installing the appropriate application
Provide the ability to interface with grievances vendor and
MFRT-17
to submit Inmate Grievances
Provide the ability to interface with request form vendor
MFRT-18
and to submit Inmate Request Forms
MFRT-16
MFRT-19
Provide the ability to interface with Commissary vendor
and to place an Inmate Commissary Order
MFRT-20
Provide the ability to participate in educational activities in
order obtain certifications, e.g. GED Certification
MFRT-21
Provide the ability to read documents by installing a reading
application, such as PDF Viewer
The system shall support data export of system-generated
reports to Microsoft Excel compatible file formats; e.g.
MFRT-22
“*.CSV” - comma-separated-value, or “*.xls”-Microsoft
Excel file format.
Management reports shall include but not be limited to the
following list of tablet use attributes: destination (tablet
MFRT-23 use) number, tablet use date, tablet use time, originating
inmate device, tablet use minutes (duration), tablet use,
total tablet use cost.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
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APPENDIX B
B.3 PROGRAM OBJECTIVES AND PROGRAM DEPLOYMENT
The program objectives and program deployment, including project management, transition, program
implementation, training, and ongoing support requirements are listed in this section.
1.
Program Objectives
a. Describe how your program will support the Program Objectives described
section II. PROJECT SCOPE of the RFP.
b. Describe how the program will work.
c. In the future, the Jail system may be expanded and equipment may need to be
increased to support the inmates at a new jail facility at the Main Jail complex.
Describe scalability of your program and how the program will handle the expansion.
d. Describe the process of screening process of your employees. Contractor
personnel will need to pass a background check to get into the facility.
e. Describe how you manage and conform to Service Level Agreements (SLAs).
Include samples of reports and other analysis you perform.
2.
Program Deployment
a. Provide a Program Deployment project plan the Proposer would employ for the
project and an explanation of how it will support the project requirements and
logically lead to the required deliverables. The description shall include the
organization of the project team, including accountability and lines of authority.
b. Describe what is required of the County to ensure the successful deployment of
the program.
c. Include the steps that will be undertaken to identify and resolve any issues or
problems before, during and after the deployment.
d. Describe how the relationship between the County and Proposer will be
managed from an account and technical support perspective.
e. Provide sample Work Breakdown Structure (WBS) for a similar project.
f.
Provide a sample Risk Management Plan for a similar project.
g. Describe your processes:
i Ordering procedures
ii Dead on Arrivals (DOAs) and replacements
iii Substitutions
iv Escalations
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APPENDIX B
3.
Training Approach
a. Describe the type and quantity of training that will be provided for each audience.
The description must include the methods by which training will be provided. (e.g.,
online, onsite, webcast, self-paced online courses, etc.) Include the following:
i. Topics to be covered, method of knowledge transfer/training, and delivery
timeline
ii. List of recommended IT product training, with prerequisites, duration,
location, and cost
4.
Statement of Work - Project Work Plan
Provide a detailed work plan for the implementation and operation of the proposed
system that includes following information:
a. Task Level -The plan shall include all activities necessary for a successful
project down to the task level. No task can exceed more than eighty hours in the
work plan.
b. Identify All Resources - The plan shall clearly identify all Proposer (including
subcontractors) and County resources required to successfully complete the project.
Provide job descriptions and the number of personnel to be assigned to tasks
supporting implementation of the project. Identify County resources needed for each
task.
c. Deliverables – describe the deliverables of each task.
d. Timelines – describe the timeline of each task.
e. Acceptance criteria – describe the criteria used to determine completion of
each task.
f. Plan Progress Charts - The plan shall include appropriate progress/Gantt
charts that reflect the proposed schedule and all major milestones. A sample project
plan shall be submitted using Microsoft Project.
h. Go-Live and Cutover - The plan shall include appropriate steps necessary to
cutover to Production with minimal downtime and service interruption. A sample
project plan shall be submitted using Microsoft Project.
NOTE: The work plan should cover the following components:
a.
b.
c.
d.
e.
Planning and Design
Discovery Capabilities
Data Reconciliation
Information Sharing and Reporting
Security Compliance
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 9 of 12
APPENDIX B
5.
System Documentation
a. Describe the documentation provided to facilitate system deployment.
b. Describe the System Administrator documentation provided.
c. Attach a listing summarizing available stock (“canned”) reports provided by the
solution and a sample of each.
d. Describe how system documentation is provided (online, hard copy etc.) for the
initial deployment as well as future updates and releases.
6.
Acceptance Test Plan
Include an acceptance test plan. The plan shall individually address each system
component that comprises the proposed system, approach for load testing, and number
of people to be involved in testing. The plan should document the acceptance testing
approach, resources and/or tools that may be used to validate the functions and features
of the proposed system. Include an example test plan that is representative of the
structure, content, and level of detail planned for this project.
7.
Risk Management
Submit a risk assessment using the methodology published by the Project Management
Institute or other comparable methodology. Include risk mitigation strategies as well as
the resources the County may utilize to reduce risk.
8.
On-Going Service and Support
a. Describe the post deployment follow-up activities that will be provided by the
Proposer, specifically addressing the following tasks:
i.
System debugging to bring application into full conformance with
documentation, proposal and modification specifications
ii. Describe how application and support documentation is updated and
distributed.
b. Provide the normal hours and describe the channels (call, email, web, etc.) for
support. Describe how after hours support is provided. Describe the support and
escalation process, including response times.
c. Indicate the current version of the package. Indicate when the next major version
of the package will be available. For major software upgrades, describe how often
upgrades are released, how upgrades are defined, developed, tested and released,
how customers are notified and educated about the upgrade. Describe the decision
process on how new features and functions get included in the product.
d. Explain if the cost of upgrades (including “patches”, configuration, and
corrections to defects, feature enhancements, and minor and major version updates)
is included with the proposed solution.
e. Explain if software upgrades, or other maintenance window, will impose a service
disruption on the system. If yes, discuss frequency and duration of the service
disruptions.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 10 of 12
APPENDIX B
f. Explain if there is a user group or support community. If yes, explain how often
they meet and where the meetings are held. Include if the user group is a separate
independent organization or funded and organized by the Proposer.
9.
Value Added Services (OPTIONAL)
Proposers are encouraged but not required to propose any optional value added
services they believe would help the County to effectively implement, operate or use the
proposed system. Information provided in this section must be directly relevant to the
RFP and not exceed two (2) pages in length.
It is recommended that any optional value added services you are proposing should also
include the following two (2) areas:
1) Integration with the Inmate Calling Systems.
2) Integration with the County’s new Jail Management System (JMS), Tribridge. The
JMS project is currently underway with target completion mid-2018.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 11 of 12
APPENDIX B
B.4 PROPOSAL COST RESPONSE FORM
The County recognizes that there are several financial models which can be used for the Jail Inmate
Services Program, three of which are:
1) Per minute charge to inmate
e.g. Inmate deposits money into an account, debits .05 per minute for use for everything on the
tablet. County usually receives % of revenue generated (monthly or annually).
2) Incentive based (daily charge to jail)
e.g. Inmate gains credit for accomplishing tasks (e.g. completing math pages). With enough
credits, the inmate can order a service, like movie, music, etc.
3) Hybrid.
Combination of per minute charge and daily charge models.
Please propose your pricing structure for Inmates Tablet Services Platform including all costs for setup, travel expenses (if applicable) complying with County Travel Policy, ongoing support and
maintenance, and all others costs related to managing the program.
Please ensure that you differentiate the expenses that an inmate and the County would incur.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 12 of 12
APPENDIX C
NON-COLLUSION DECLARATION
I, ________________________________, am the
(Print Name)
________________________
(Position/Title)
of ___________________________________,
(Name of Company)
the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any
other Proposer to put in a false or sham bid; and has not directly or indirectly colluded, conspired,
connived, or agreed with any Proposer or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the Proposer has not in any manner directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the Proposer or any other Proposer, or
to fix any overhead, profit, or cost element of the bid price, or of that of any other Proposer, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the Proposer has not, directly
or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
company association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and
correct:
COMPANY NAME:
_________________________________________________________________
AUTHORIZED SIGNATURE:
_________________________________________________________________
PRINT NAME:
_________________________________________________________________
DATE:
_________________________________________________________________
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 1 of 1
APPENDIX D
DECLARATION OF LOCAL BUSINESS
Santa Clara County gives local businesses a preference in formal solicitations of goods and services as set forth in the
Board Policy, Section 5.6.5.2. A bidder or Proposer has the option of qualifying for the preference by self-declaring its
qualification as a “Local Business”, which is a lawful business with a physical address and meaningful “production capability”
located within the boundary of the County of Santa Clara. The term “production capability” means sales, marketing,
manufacturing, servicing, provision of services, or research and development capability that substantially and directly
enhances the firm's or bidder's ability to perform the proposed contract. Post Office box numbers, residential addresses, a
local sales office without any support and/or a local subcontractor hired by the contractor may not be used as the sole basis
for establishing status as a “Local Business.”
All information submitted is subject to investigation, as well as to disclosure to third parties under the California Public
Records Act. Incomplete, unclear, or incomprehensible responses to the following will result in the bid or proposal not being
considered for application of Santa Clara County’s local preference policy. False or dishonest responses will result in
rejection of the bid or proposal and curtail the firm or individual’s ability to conduct business with the County in the future. It
may also result in legal action.
Business Name:
Street:
City/State:
Zip:
I am declaring qualification as a local business as defined in County of Santa Clara Board Policy, Section 5.6.5.2.
and applying for the local preference.
The address provided is that of the business with meaningful “production capability” which is located within the
boundary of the County of Santa Clara. Additional physical addresses in Santa Clara County are provided as an
attachment.
My Business Organization is: (Check One)
Individual Proprietorship
Corporation
Partnership
Other
I am not declaring qualification as a local business as defined in County of Santa Clara Board Policy, Section 5.6.5.2
The undersigned declares that he or she is an official/agent of responding firm or individual and is empowered to represent,
bind, and execute contracts on behalf of the firm or individual.
Name - Signature
Name - Print
Company
Date
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 1 of 1
APPENDIX E
DECLARATION OF COMPLIANCE WITH WAGE THEFT PREVENTION POLICY
The County of Santa Clara does not tolerate wage theft. Accordingly, Santa Clara County Board of Supervisors’ Policy
Manual, Section 5.5.5.4, includes the following:
Wage Theft Prevention
It is the policy of the County that all parties contracting with the County must comply with all applicable federal,
state, and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the
California Labor Code, and any Minimum Wage Ordinance enacted by the County or any city within the County of
Santa Clara. A potential contractor that has submitted a formal or informal bid to provide goods and/or services
to the County may be disqualified if the potential contractor has been found, by a court or by final administrative
action of an investigatory government agency, to have violated applicable wage and hour laws in the five years
prior to the submission of a bid to provide goods and/or services. A current contractor found by a court or by
final administrative action of an investigatory government agency to have violated applicable wage and hour laws,
in the five years prior to or during the term of the contract with the County, may be in material breach of its
contract with the County if the violation is not fully disclosed and/or satisfied per County guidelines and contract
requirements. Such breach may serve as a basis for contract termination and/or any other remedies available
under law, including a stipulated remediation plan.
Please complete the certification below.
Proposer has no violations to disclose pursuant to Board Policy Manual § 5.5.5.4.
Proposer has been found by a court or final administrative action of an investigatory government agency to have
violated federal, state, or local wage and hour laws within the last five (5) years.
Proposer has included in the proposal response the following for each violation: (1) a copy of the court order and
judgment and/or final administrative decision; and (2) documents demonstrating either that the order/judgment
has been satisfied, or, if the order/judgment has not been fully satisfied, a written and signed description of
Proposer’s efforts to date to satisfy the order/judgment.
The undersigned declares that he or she is an official/agent of responding firm or individual and is empowered to represent,
bind, and execute contracts on behalf of the firm or individual.
The undersigned declares under penalty of perjury, under the laws of the State of California, that all statements in this Exhibit
and response are true and correct, with full knowledge that all statements are subject to investigation and that any
incomplete, unclear, false or dishonest response may be grounds for denial or revocation of the accompanying bid or proposal
and may result in being barred from doing business with Santa Clara County as well as additional legal consequences.
Signature
Title
Printed Name
Date
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 1 of 1
APPENDIX F
PROPOSER’S TERMS AND CONDITIONS
Proposer shall initial and/or provide information based upon the appropriate statement. Failure to initial
shall default to the first response, acceptance of the County’s terms and conditions as is.
______ Proposer accepts the County’s terms and conditions listed in ATTACHMENT 2 as is.
______ Proposer accepts the County’s terms and conditions listed in ATTACHMENT 2 and propose
additional terms and conditions here in Appendix F below. Proposer shall provide specific proposed
wording and a brief discussion of the purpose and impact, if any, and include any applicable agreement,
such as license, service level, maintenance, etc.
______ Proposer objects to the County’s terms and conditions listed in ATTACHMENT 2 and has
indicated the reason for objection and/or proposed specific alternative language here in Appendix F
below. The County may or may not accept the alternative language. General references to the
Proposer’s terms and conditions or attempts at complete substitutions are not acceptable to the County
and the County may disqualify the response in its entirety.
Proposer must provide a brief discussion of the purpose and impact, if any, of each proposed changed
followed by the specific proposed alternate wording for any applicable agreement, such as license,
service level, maintenance, etc.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 1 of 1
APPENDIX G
TEMPORARY SECURITY CLEARANCE FORM
APPENDIX G, TEMPORARY SECURITY CLEARANCE FORM, is available as a separate pdf document
with the RFP.
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TEMPORARY SECURITY CLEARANCES
Note: All custody facilities are “No Hostage” facilities. All attempts will be made to ensure the safe
release of anyone held hostage; however, no inmate will be allowed to escape in exchange for the
release of a hostage. (Department Policy 9.07, Security Clearances)
Clearance may be denied for any factor that causes the Department to deem granting security
clearance a risk to safety and security.
ALL CLEARANCES REQUIRE THREE (3) BUSINESS DAYS TO PROCESS.
SUBMIT CLEARANCE REQUESTS NO LATER THAN DECEMBER 6, 2017 3:00 P.M.
Please email the clearance request for your company to: michele.mccarthy@prc.sccgov.org
ALL FIELDS MUST BE COMPLETED LEDGIBLY OR PROCESS MAY BE DELAYED
Company Name:
Company Phone # :
Employee Name
DOB
Gender
M/F
DL#
SSN
1
2
3
ENTRANCE DATE REQUESTED:
PURPOSE FOR ENTRANCE:
Wednesday, December 13, 2017
Mandatory Jail Facilities Tour and Pre-Proposal Conference for
Request for Proposal: RFP-PRO-FY18-0078
Jail Inmate Services Program
REQUESTING DEPARTMENT (AGENCY): Procurement Department for the Sheriff’s Office
Contact Person: Michele McCarthy
Phone: 408.491.7494
Department Contact: Sergeant Hogan
Office: 408-808-3695
FOR OFFICE USE ONLY
CJIC CHECK CLEAR
WINDOW VISIT
CLEARANCE BY OFFICER:
CONTACT VISIT
BADGE #
CLEARANCE PROCESSED BY:
CLEARANCE AUTHORIZED BY (FACILITY COMMANDER):
DATE GIVEN TO INFORMATION DESK:
DATE:
APPENDIX H
INTENT TO RESPOND
RFP-PRO-FY18-0078 JAIL INMATE SERVICE PLATFORM
Per the INTRODUCTION section of this RFP, all vendors intending to respond to this RFP
should attend the pre-proposal conference either in person or via the conference line provided.
While the RFP is comprehensive, there may be further information and details about the project
disclosed at the pre-proposal conference which may not be captured in the solicitation
documents.
Vendors intending to respond to the solicitation should submit this APPENDIX H, INTENT TO
RESPOND, via email to the Procurement Officer, at the due date and time specified in this RFP.
-----------------------------------------------------------------------------------------------------------------------------
We/I, _______________________, intend to submit a response to the County of Santa
Clara Request for Proposal RFP-PRO-FY18-0078 JAIL INMATE SERVICE
PLATFORM. We determine that we have sufficient information as obtained from the
solicitation documents and pre-proposal conference to enable us to submit a proposal
to the County.
COMPANY NAME:
_________________________________________________________________
AUTHORIZED SIGNATURE:
_________________________________________________________________
PRINT NAME AND TITLE:
_________________________________________________________________
DATE:
_________________________________________________________________
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ATTACHMENT 1
CONDITIONS GOVERNING THE PROCUREMENT
This Attachment contains the conditions governing the Request for Proposal Process. Proposers
are required to adhere to these conditions.
1. INCURRING COST
This RFP does not commit the County to award, nor does it commit the County to pay any cost
incurred in the submission of the proposal, or in making necessary studies or designs for the
preparation thereof, nor procure or contract for services or supplies. Further, no reimbursable
cost may be incurred in anticipation of a contract award.
2. CLAIMS AGAINST THE COUNTY OF SANTA CLARA
Neither your organization nor any of your representatives shall have any claims
whatsoever against the County or any of its respective officials, agents, or employees arising
out of or relating to this RFP or these RFP procedures, except as set forth in the terms of a
definitive agreement between the County and your organization.
3. BASIS FOR PROPOSAL
Only information supplied by the County in writing by the Procurement Lead in connection
with this RFP should be used as the basis for the preparation of Proposer’s proposal.
4. LATE RESPONSES
In order for a proposal to be considered, the proposal must be received in person or courier or
mail to the place specified above no later than the RFP due date and time.
5. NO PUBLIC PROPOSAL OPENING
There will be no public opening for this RFP.
6. CALIFORNIA PUBLIC RECORDS ACT (CPRA)
All proposals become the property of the County, which is a public agency subject to the
disclosure requirements of the California Public Records Act (“CPRA”). If Proposer proprietary
information is contained in documents submitted to County, and Proposer claims that such
information falls within one or more CPRA exemptions, Proposer must clearly mark such
information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing
the information. In the event of a request for such information, the County will make best efforts
to provide notice to Proposer prior to such disclosure. If Proposer contends that any documents
are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective
order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County
before the County’s deadline for responding to the CPRA request. If Proposer fails to obtain
such remedy within County’s deadline for responding to the CPRA request, County may
disclose the requested information.
Proposer further agrees that it shall defend, indemnify and hold County harmless against
any claim, action or litigation (including but not limited to all judgments, costs, fees, and
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ATTACHMENT 1
attorney’s fees) that may result from denial by County of a CPRA request for information arising
from any representation, or any action (or inaction), by the Proposer.
7. CONFIDENTIALITY
All data and information obtained from the County of Santa Clara by the Proposers and its
agents in this RFP process, including reports, recommendations, specifications and data, shall
be treated by the Proposer and its agents as confidential. The Proposers and its agents shall
not disclose or communicate this information to a third party or use it in advertising, publicity,
propaganda, or in another job or jobs, unless written consent is obtained from the County.
Generally, each proposal and all documentation, including financial information, submitted by
a Proposer to the County is confidential until a contract is awarded, when such documents
become public record under state and local law, unless exempted under CPRA.
8. ELECTRONIC MAIL ADDRESS
Most of the communication regarding this procurement will be conducted by electronic mail (email). Potential Proposers agree to provide the Procurement Officer with a valid e-mail address
to receive this correspondence.
9. USE OF ELECTRONIC VERSIONS OF THE RFP
This RFP is being made available by electronic means. If accepted by such means, the
Proposer acknowledges and accepts full responsibility to insure that no changes are made to
the RFP. In the event of conflict between a version of the RFP in the Proposer’s possession
and the version maintained by the Issuing Department, the version maintained by the Issuing
Department must govern.
10. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
In submitting a response to a solicitation issued by the County, the responding person and/or
entity offers and agrees that if the response is accepted, it will assign to the County all rights,
title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
materials, or services by the responding person and/or entity for sale to the County pursuant to
the solicitation document. Such assignment shall be made and become effective at the time the
County tenders final payment to the responding person and/or entity.
11. COUNTY RIGHTS
The County reserves the right to do any of the following at any time:
a. Reject any or all proposal(s), without indicating any reason for such rejection;
b. Waive or correct any minor or inadvertent defect, irregularity or technical error in a
proposal or the RFP process, or as part of any subsequent contract negotiation;
c. Request that Proposers supplement or modify all or certain aspects of their
proposals or other documents or materials submitted;
d. Terminate the RFP, and at its option, issue a new RFP;
e. Procure any equipment or services specified in this RFP by other means;
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ATTACHMENT 1
f.
Modify the selection process, the specifications or requirements for materials or
services, or the contents or format of the proposals;
g. Extend a deadline specified in this RFP, including deadlines for accepting proposals;
h. Negotiate with any or none of the Proposers;
i.
Modify in the final agreement any terms and/or conditions described in this RFP;
j.
Terminate failed negotiations with a Proposer without liability, and negotiate with other
Proposers;
k. Disqualify any Proposer on the basis of a real or apparent conflict of interest, or evidence
of collusion that is disclosed by the proposal or other data available to the County;
l.
Eliminate, reject or disqualify a proposal of any Proposer who is not a responsible
Proposer or fails to submit a responsive offer as determined solely by the County; and/or
m. Accept all or a portion of a Proposer’s proposal.
12.
PROTEST PROCEDURES
PROTEST PROCESS
The Procurement Lead will send an email to all proposers informing them of the proposal that
was selected. Proposers whose proposals were not selected may file a written protest
(“Protesters”) no later than five (5) business days of the email notifying proposers of the
County’s selection.
A. Filing a Protest
The protest of an award must be in writing. The following must be written on the cover of the
protest: “Protest Relating to RFP-PRO-FY18-0078.” The written protest must be emailed, faxed
and/or mailed to the designated Procurement Officer.
All protests must be received by the designated Procurement Officer within 5 business days
after the Notice of Intent to Award has been sent to the all proposers. Any protests received
after this time will not be considered.
B. Contents of Protest
The written protest must contain the following information: (1) the name, street address,
electronic mail address, and telephone and facsimile number of the Protester; (2) signature of
the Protester or its representative; (3) clearly state the grounds for the protest as set forth below;
(4) copies of any relevant documents; and (5) the form of relief requested. Unless otherwise
requested, responses or decisions related to the protest will be provided to the Protester via
email. The written protest must clearly state the grounds for the protest. Protests should be
concise and logically arranged.
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ATTACHMENT 1
C. Grounds for Protest
Protests may only be based on one or more of the following grounds:
i.
The Protester believes there was abuse of process by County officials or evaluation
team members.
ii.
The Protestor believes there was misconduct or impropriety by County officials or
evaluation team members.
iii.
The Protester believes there was abuse of discretion by County officials or
evaluation team members.
D. Protest Resolution Process
i.
Informal Review by Department
A designee of the requiring department will review a timely protest and attempt to
informally resolve it expeditiously. The Director or designee may use all available
resources and information, and solicit information from, and reveal information to,
other entities in its attempt to informally resolve the protest. The Department shall
send a written response to the Protester. If the Protester does not believe the
Department’s response resolves the protest, the Protester has 2 business days to
request a formal review. The Department is then required to forward the protest to
an Independent Reviewing Officer for the solicitation.
ii.
Formal Review by Independent Reviewing Officer
The Director or his or her designee must forward the protest to the
Reviewing Officer within 2 business days of the Protester requesting a formal review.
The Department is required to provide written notification to the Protester that the
protest is being forwarded to an Independent Reviewing Officer and the contact
information for the Reviewing Officer. Both the Department and Protester have 5
business days from the date of the written notification issued by the Department to
forward any additional documents to the Reviewing Officer that they believe are
relevant to the review of the protest. The notification being sent to the Protester by
the Department should also state that the Protester has 5 business days from the
date of the notification to forward additional documents to the Reviewing Officer.
Protester may not present any additional grounds for protest, argument or narrative
that was not included in the initial protest.
The Reviewing Officer shall conduct an independent review of the protest to
determine whether the grounds for the protest have merit. Only the information
contained in a timely protest may be considered by the Reviewing Officer. The
Reviewing Officer shall only consider the documents each party has submitted,
grounds for protest, and grounds to reject the protest. The Reviewing Officer may
also use all available resources and information, and solicit information from, and
reveal information to, other entities in its attempt to resolve the protest. The
Reviewing Officer may also contact the Protester or Agency/Department.
The Reviewing Officer will issue a written decision on a timely written protest within
20 days of receiving a protest; however, the time for decision may be extended by
the Reviewing Officer for a reasonable amount of time. The Reviewing Officer will
issue the written decision to the Protester and the Department. If the Protester failed
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ATTACHMENT 1
to specify in its written protest the method by which the Protester would like to receive
the Reviewing Officer’s written protest decision, the Reviewing Officer will send his
written decision to the Protester by mail. The decision of the Reviewing Officer shall
be the County’s final decision.
E. Remedies
If the Reviewing Officer sustains a protest in whole or in part, the Reviewing Officer shall refer
the matter back to the Department for redress in conformance with the Reviewing Officer’s
decision. If the Reviewing Officer rejects the protest, then the Department may proceed with its
solicitation process.
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ATTACHMENT 2
SAMPLE COUNTY OF SANTA CLARA STANDARD TERMS AND CONDITIONS
DEFINITIONS
a. “County Confidential Information” shall include all material non-public
information, written or oral, disclosed, directly or indirectly, through any means of
communication or observation by County to Contractor or any of its affiliates or
representatives.
b. “County Data” shall mean data and information received by Contractor from
County. As between Contractor and County, all County Data shall remain the
property of County.
c. “Deliverables” means goods, services, software, hardware, information
technology, telecommunications technology, enhancements, updates, new
versions or releases, documentation, and any other items to be delivered
pursuant to this Agreement, including any such items furnished incident to the
provision of services.
d. "Documentation" means manuals and other printed materials (including updates
and revisions) necessary or useful to the County in its use or maintenance of the
Deliverables provided pursuant to this Agreement.
e. When used in this Agreement, “days” shall refer to calendar days unless stated
otherwise.
1. NON-EXCLUSIVE AGREEMENT
The Agreement does not establish an exclusive contract between the County and the
Contractor. The County expressly reserves rights to, without limitation, the following: the right
to utilize others to provide products, support and services; the right to request proposals from
others with or without requesting proposals from the Contractor; and the unrestricted right to
bid any such product, support or service.
2. DELIVERABLES
Contractor agrees to provide the County all Deliverables on terms set forth in the Agreement,
including all Exhibits that are attached to the Agreement and incorporated, as well as all
necessary equipment and resources. However, this Agreement does not provide authority to
ship Deliverables. That authority shall be established by contract release purchase orders
placed by the County and sent to Contractor throughout the term of the Agreement. Each and
every contract release purchase order shall incorporate all terms of this Agreement and this
Agreement shall apply to same.
ANY ADDITIONAL OR DIFFERENT TERMS OR QUALIFICATIONS SENT BY
CONTRACTOR, INCLUDING, WITHOUT LIMITATION, ELECTRONICALLY OR IN
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ATTACHMENT 2
MAILINGS, ATTACHED TO INVOICES OR WITH ANY DELIVERABLES SHIPPED, SHALL
NOT BECOME PART OF THE CONTRACT BETWEEN THE PARTIES. COUNTY’S
ACCEPTANCE OF CONTRACTOR’S OFFER IS EXPRESSLY MADE CONDITIONAL ON
THIS STATEMENT.
Contractor shall provide to the County, all documentation and manuals relevant to the
Deliverables to be supplied, at no additional cost. Such documentation shall be delivered
either in advance of the delivery of Deliverables or concurrently with the delivery of
Deliverables.
Employees and agents of Contractor, shall, while on the premises of the County, comply with
all rules and regulations of the premises, including, but not limited to, security requirements. If
required, Contractor shall be responsible for installation, training and knowledge transfer
activities in relation to the Deliverables being supplied.
All equipment shall be delivered to a County site specified in the contract release purchase
order, or if not so specified therein, in the Statement of Work/Specifications.
Contractor holds itself out as an expert in the subject matter of the Agreement. Contractor
represents itself as being possessed of greater knowledge and skill in this area than the
average person. Accordingly, Contractor is under a duty to exercise a skill greater than that of
an ordinary person, and the manner in which performance is rendered will be evaluated in light
of the Contractor’s superior skill. Contractor shall provide equipment and perform work in a
professional manner consistent, at minimum, with industry standards.
Contractor represents that all prices, warranties, benefits and other terms being provided
hereunder are fair, reasonable and commensurate with the terms otherwise being offered by
Contractor to its current customers ordering comparable Deliverables and services. County
does not guarantee any minimum orders.
3. NECESSARY ACTS AND FURTHER ASSURANCES
The Contractor shall at its own cost and expense execute and deliver such further documents
and instruments and shall take such other actions as may be reasonably required or
appropriate to evidence or carry out the intent and purposes of this Agreement.
4. COUNTING DAYS
Days are to be counted by excluding the first day and including the last day, unless the last
day is a Saturday, a Sunday, or a legal holiday, and then it is to be excluded.
5. PRICING
Unless otherwise stated, prices shall be fixed for the term of the Agreement, including all
extensions. If any product listed in this Agreement is discontinued or upgraded prior to delivery,
Contractor shall extend the same pricing towards a comparable replacement which is
functionally equivalent or an upgraded version.
Exhibit ___ of the Agreement is the basis for pricing and compensation throughout the term of
the Agreement.
Notwithstanding the above, if at any time during the term of the Agreement the Contractor
offers special, promotional or reduced pricing when compared with the price paid by the
County, County shall benefit from that pricing, and that pricing shall apply to the County at the
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ATTACHMENT 2
same time that is offered to other entities. Contractor is required, on an ongoing basis, to
inform the County of any such special, promotional or reduced pricing.
6. MODIFICATION
This Agreement or any contract release purchase order may be supplemented, amended, or
modified only by the mutual agreement of the parties. No supplement, amendment, or
modification of this Agreement contract release purchase order will be binding on County
unless it is in writing and signed by County’s Procurement Director.
7. TIME OF THE ESSENCE
Time is of the essence in the delivery of goods by Contractor under this Agreement and any
contract release purchase order. In the event that the Contractor fails to deliver goods and/or
services on time, the Contractor shall be liable for any costs incurred by the County because
of Contractor’s delay. For instance, County may purchase or obtain the goods and/or services
elsewhere and the Contractor shall be liable for the difference between the price in the
Agreement and the cost to the County; or County may terminate on grounds of material and
Contractor shall be liable for County’s damages.
The Contractor shall promptly reimburse the County for the full amount of its liability, or, at
County’s option, the County may offset such liability from any payment due to the Contractor
under any contract with the County.
The rights and remedies of County provided herein shall not be exclusive and are in addition
to any other rights and remedies provided by law. The acceptance by County of late or partial
performance with or without objection or reservation shall not waive the right to claim damage
for such breach nor constitute a waiver of the rights or requirements for the complete and timely
performance of any obligation remaining to be performed by the Contractor, or of any other
claim, right or remedy of the County.
8. HAZARDOUS SUBSTANCES
If any product being offered, delivered or supplied to the County is listed in the Hazardous
Substances List of the Regulations of the Director of Industrial Relations with the California
Occupational Safety and Health Standards Board, or if the product presents a physical or
health hazard as defined in the California Code of Regulations, General Industry Safety Order,
Section 5194 (T8CCR), Hazard Communication, the Contractor must include a Material Safety
Data Sheet (MSDS) with delivery, or shipment.
Each MSDS must reference the
contract/purchase order number, and identify the "Ship To Address". All shipments and
containers must comply with the labeling requirements of Title 49, Code of Federal Regulations
by identifying the hazardous substance, name and address of manufacturer, and appropriate
hazard warning regarding potential physical safety and health hazard.
9. SHIPPING AND RISK OF LOSS
Goods shall be packaged, marked and otherwise prepared by Contractor in suitable containers
in accordance with sound commercial practices. Contractor shall include an itemized packing
list with each shipment and with each individual box or package shipped to the County. The
packing list shall contain, without limitation, the applicable contract release purchase order
number.
Unless otherwise specified in writing, all shipments by Contractor to County will be F.O.B. point
of destination. Freight or handling charges are not billable unless such charges are referenced
on the order. Transportation receipts, if required by contract release purchase order, must
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ATTACHMENT 2
accompany invoice. Regardless of F.O.B. point, Contractor agrees to bear all risks of loss,
injury, or destruction to goods and materials ordered herein which occur prior to delivery at
County’s destination; and such loss, injury or destruction shall not release Contractor from any
obligation hereunder.
Any shipments returned to the Contractor shall be delivered as F.O.B. shipping point.
10. INSPECTION AND RELATED RIGHTS
All goods and services are subject to inspection, testing, approval and acceptance by the
County. Inspection shall be made within 60 days or a reasonable time after delivery, whichever
period is longer. If the goods, services, or the tender of delivery fail in any respect to conform
to the contract, the County may reject the entire tender, accept the entire tender, or, if the
deliverables are commercially divisible, may, at its option, accept any commercial unit or units
and reject the rest.
Contractor shall be responsible to reclaim and remove any rejected goods or items at its own
expense. Should Contractor fail to reclaim or remove any rejected goods or items within a
reasonable time, County shall, at its option dispose of such goods or items and require
reimbursement from Contractor for any costs or expenses incurred.
In the event that the Contractor’s goods are not accepted by County, the Contractor shall be
liable for any costs incurred by the County because of such failure by Contractor. For instance,
County may purchase or obtain the goods elsewhere and the Contractor shall be liable for the
difference between the price in the Agreement and the cost to the County, and any other costs
incurred; or County may terminate for cause on grounds of material breach and Contractor
shall be liable for County’s damages.
The Contractor shall promptly reimburse the County for the full amount of its liability, or, at
County’s option, the County may offset such liability from any payment due to the Contractor
under any contract with the County.
The rights and remedies of County provided herein shall not be exclusive and are in addition
to any other rights and remedies provided by law. The acceptance by County of late or partial
performance with or without objection or reservation shall not waive the right to claim damage
for such breach nor constitute a waiver of the rights or requirements for the complete and timely
performance of any obligation remaining to be performed by the Contractor, or of any other
claim, right or remedy of the County.
11. ADJUSTMENT BY COUNTY
The County reserves the right to waive a variation in specification of goods or services supplied
by the Contractor. Contractor may request an equitable adjustment of payments to be made
by County if County requires a change in the goods or services to be delivered. Any claim by
the Contractor for resulting adjustment of payment must be asserted within 30 days from the
date of receipt by the Contractor of the notification of change required by County; provided
however, that the Procurement Director, if he/she decides that the facts justify such action,
may receive and act upon any such claim asserted at any time prior to final payment made for
goods and services supplied by Contractor. Where the cost of property made obsolete or
excess as a result of a change is included in the Contractor’s claim for adjustment, the
Purchasing Director shall have the right to prescribe the manner of disposition of such property.
Nothing in this clause shall excuse performance by Contractor.
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12. INVOICING
Contractor shall invoice according to Exhibit B of the Agreement. Invoices shall be sent to the
County customer or department referenced in the individual contract release purchase order.
Invoices for goods or services not specifically listed in the Agreement will not be approved for
payment.
Invoices shall include: Contractor’s complete name and remit-to address; invoice date, invoice
number, and payment term; County contract number; pricing per the Agreement; applicable
taxes; and total cost.
Contractor and County shall make reasonable efforts to resolve all invoicing disputes within
seven (7) days.
13. AVAILABILITY OF FUNDING
The County's obligation for payment of any contract beyond the current fiscal year end is
contingent upon the availability of funding and upon appropriation for payment to the
Contractor. No legal liability on the part of the County shall arise for payment beyond June 30
of the calendar year.
14. PAYMENT
The County’s standard payment term shall be Net 45, unless otherwise agreed to by the
parties. Payment shall be due Net 45 days from the date of receipt and approval of correct
and proper invoices.
Notwithstanding the standard payment term set forth above, the parties agree that the Payment
Term for this Agreement shall be the term set forth in the Key Provisions section of the
Agreement above. If the Payment Term is a prompt payment discount term, then payment
shall be made accordingly. For example, if the Payment Term is 2.25% 10 Net 45, payment
shall be due 10 days from the date the County receives and approves the correct and proper
invoice, but no later than 45 days from that date, and the County would take a discount of
2.25% of the total amount of the invoice if the payment is made in 10 days. The parties also
agree that notwithstanding the Payment Term set forth in the Key Provisions section of the
Agreement, that at any time during the contract term, either party may initiate an early payment
discount on an invoice-by-invoice basis utilizing the Dynamic Discounting functionality of the
Ariba Network. Contractor must have a registered account on the Ariba Network to utilize this
functionality.
Payment is deemed to have been made on the date the County mails the warrant or initiates
the electronic fund transfer.
15. OTHER PAYMENT PROVISIONS
Notwithstanding anything to the contrary, County shall not make payments prior to receipt of
service or goods (i.e. the County will not make “advance payments”). Unless specified in writing
in an individual purchase order, the County will not accept partial delivery with respect to any
purchase order. Any acceptance of partial delivery shall not waive any of County’s rights on
an ongoing basis.
Sales tax shall be noted separately on every invoice. Items that are not subject to sales tax
shall be clearly identified.
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Contractor shall be responsible for payment of all state and federal taxes assessed on the
compensation received under this Purchase Order and such payment shall be identified under
the Contractor’s federal and state identification number(s).
The County does not pay Federal Excise Taxes (F.E.T). The County will furnish an exemption
certificate in lieu of paying F.E.T. Federal registration for such transactions is: County
#94730482K. Contractor shall not charge County for delivery, drayage, express, parcel post,
packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose,
unless expressly authorized by the County.
16. LATE PAYMENT CHARGES OR FEES
The Contractor acknowledges and agrees that the County will not pay late payment charges.
17. DISALLOWANCE
In the event the Contractor receives payment for goods or services, which payment is later
disallowed by the County or state or federal law or regulation, the Contractor shall promptly
refund the disallowed amount to the County upon notification. At County’s option, the County
may offset the amount disallowed from any payment due to the Contractor under any contract
with the County.
18. TERMINATION FOR CONVENIENCE
The County may terminate this Agreement or any contract release purchase order at any time
for the convenience of the County by giving at least thirty (30) days written notice prior to the
intended date of termination specifying the effective date and scope of such termination. If
County determines that the Contractor’s actions contribute to the curtailment of an essential
service or pose an immediate threat to life, health or property, County may terminate this
Agreement immediately without penalty upon issuing either oral or written notice to the
Contractor and without any opportunity to cure.
In no event shall the County be liable for costs incurred by the Contractor as a result of the
termination or any loss of profits on the resulting order or portion thereof so terminated. In the
event of termination, all finished or unfinished documents, data, studies, maps, photographs,
reports, and other materials (collectively referred to as “materials”) prepared by Contractor
under this Agreement contract release purchase order shall become the property of the County
and shall be promptly delivered to the County. Upon receipt of such materials, County shall
pay the Contractor as full compensation for performance, the unit or pro rata price for the thenaccepted portion of goods and/or services.
19. TERMINATION FOR CAUSE
County may terminate this Agreement or any contract release purchase order, in whole or in
part, for cause upon thirty (30) days written notice to Contractor. For purposes of this
Agreement, cause includes, but is not limited to, any of the following: (a) material breach of
this Agreement or any contract release purchase order by Contractor, (b) violation by
Contractor of any applicable laws or regulations; (c) assignment or delegation by Contractor of
the rights or duties under this Agreement without the written consent of County or (d) less than
perfect tender of delivery or performance by Contractor that is not in strict conformance with
terms, conditions, specifications, covenants, representations, warranties or requirements in
this Agreement or any contract release purchase order.
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In the event of such termination, the Contractor shall be liable for any costs incurred by the
County because of Contractor’s default. The Contractor shall promptly reimburse the County
for the full amount of its liability, or, at County’s option, the County may offset such liability from
any payment due to the Contractor under any contract or contract release purchase order with
the County.
If, after notice of termination under the provisions of this clause, it is determined for any reason
that the Contractor was not in default under this provisions of this clause, the County has the
option to make its notice of termination pursuant to the Termination for Convenience clause
and the rights and obligations of the parties would be in accordance with that provision.
In lieu of terminating immediately upon contractor’s default, County may, at its option, provide
written notice specifying the cause for termination and allow Contractor 10 days (or other
specified time period by the County) to cure. If, within 10 days (or other specified time) after
the County has given the Contractor such notice, Contractor has not cured to the satisfaction
of the
County, or if the default cannot be reasonably cured within that time period, County may
terminate this Agreement at any time thereafter. County shall determine whether Contractor’s
actions constitute complete or partial cure. In the event of partial cure, County may, at its
option, decide whether to (a) give Contractor additional time to cure while retaining the right to
immediately terminate at any point thereafter for cause; or (b) terminate immediately for cause.
20. TERMINATION FOR BANKRUPTCY
If Contractor is adjudged to be bankrupt or should have a general assignment for the benefit
of its creditors, or if a receiver should be appointed on account of Contractor’s insolvency, the
County may terminate this Agreement immediately without penalty. For the purpose of this
Section, bankruptcy shall mean the filing of a voluntary or involuntary petition of bankruptcy or
similar relief from creditors; insolvency; the appointment of a trustee or receiver, or any similar
occurrence reasonably indicating an imminent inability to perform substantially all of the party’s
duties under this Agreement.
21. BUDGETARY CONTINGENCY
Performance and/or payment by the County pursuant to this Agreement is contingent upon the
appropriation of sufficient funds by the County for services covered by this Agreement. If
funding is reduced or deleted by the County for services covered by this Agreement, the County
may, at its option and without penalty or liability, terminate this Agreement or offer an
amendment to this Agreement indicating the reduced amount.
22. DISENTANGLEMENT
Contractor shall cooperate with County and County’s other contractors to ensure a smooth
transition at the time of termination of this Agreement, regardless of the nature or timing of the
termination. Contractor shall cooperate with County's efforts to ensure that there is no
interruption of work required under the Agreement and no adverse impact on the supply of
goods, provision of services or the County’s activities. Contractor shall return to County all
County assets or information in Contractor’s possession.
For any software programs developed for use under the County's Agreement, Contractor shall
provide a nonexclusive, nontransferable, fully-paid, perpetual, irrevocable, royalty-free
worldwide license to the County, at no charge to County, to use, copy, and modify, all work or
derivatives that would be needed in order to allow County to continue to perform for itself, or
obtain from other providers, the services as the same might exist at the time of termination.
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County shall be entitled to purchase at net book value those Contractor assets used for the
provision of services to or for County, other than those assets expressly identified by the parties
as not being subject to this provision. Contractor shall promptly remove from County’s
premises, or the site of the work being performed by Contractor for County, any Contractor
assets that County, or its designee, chooses not to purchase under this provision.
Contractor shall deliver to County or its designee, at County’s request, all documentation and
data related to County, including, but not limited to, the County Data and client files, held by
Contractor, within sixty (60) days of the request, and after return of same, Contractor shall
destroy all copies thereof not turned over to County, all at no charge to County.
If this Agreement is terminated for any reason, neither party may nullify obligations, if any,
already incurred prior to the date of termination.
23. DISPUTES
Except as otherwise provided in this Agreement, any dispute arising under this contract that is
not disposed of by agreement shall be decided by the Director of Procurement or designee,
who shall furnish the decision to the Contractor in writing. The decision of the Director of
Procurement or designee shall be final and conclusive. The Contractor shall proceed diligently
with the performance of the contract pending the Director of Procurement’s decision. The
Director of Procurement or designee shall not be required to decide issues that are legal or
beyond his or her scope of expertise,
24. ACCOUNTABILITY
Contractors will be the primary point of contact for the manufacturer, deliverer or any
subcontractors and assume the responsibility of all matters relating to the purchase, including
those involving the manufacturer and deliverer or any subcontractor, as well as payment
issues. If issues arise, the Contractor must take immediate action to correct or resolve the
issues.
25. NO ASSIGNMENT, DELEGATION OR SUBCONTRACTING WITHOUT PRIOR
WRITTEN CONSENT
Contractor may not assign any of its rights, delegate any of its duties or subcontract any portion
of its work or business under this Agreement or any contract release purchase order without
the prior written consent of County. No assignment, delegation or subcontracting will release
Contractor from any of its obligations or alter any of its obligations to be performed under the
Agreement. Any attempted assignment, delegation or subcontracting in violation of this
provision is voidable at the option of the County and constitutes material breach by Contractor.
As used in this provision, "assignment" and "delegation" means any sale, gift, pledge,
hypothecation, encumbrance, or other transfer of all or any portion of the rights, obligations, or
liabilities in or arising from this Agreement to any person or entity, whether by operation of law
or otherwise, and regardless of the legal form of the transaction in which the attempted transfer
occurs.
26. MERGER AND ACQUISITION
The terms of this Agreement will survive an acquisition, merger, divestiture or other transfer of
rights involving Contractor. In the event of an acquisition, merger, divestiture or other transfer
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of rights Contractor must ensure that the enquiring entity or the new entity is legally required
to:
A.
Honor all the terms negotiated in this Agreement and any pre-acquisition or pre-merger
Agreement between Contractor and the County, including but not limited to a) established
pricing and fees; b) guaranteed product support until the contract term even if a new
product is released; and c) no price escalation during the term of the contract.
B.
If applicable, provide the functionality of the software in a future, separate or renamed
product, if the acquiring entity or the new entity reduces or replaces the functionality, or
otherwise provide a substantially similar functionality of the current licensed product. The
County will not be required to pay any additional license or maintenance fee.
C.
Give 30-days written notice to the County following the closing of an acquisition, merger,
divestiture or other transfer of right involving Contractor.
27. COMPLIANCE WITH ALL LAWS & REGULATIONS
Contractor shall comply with all laws, codes, regulations, rules and orders (collectively,
"Regulations") applicable to the goods and/or services to be provided hereunder. Contractor’s
violation of this provision shall be deemed a material default by Contractor, giving County a
right to terminate the contract. Examples of such Regulations include but are not limited to
California Occupational Safety and Health Act of 1973, Labor Code §6300 et. seq. the Fair
Packaging and Labeling Act. and the standards and regulations issued there under.
Contractor agrees to indemnify and hold harmless the County for any loss, damage, fine,
penalty, or any expense whatsoever as a result of Contractor’s failure to comply with the act
and any standards or regulations issued there under.
28. FORCE MAJEURE
Neither party shall be liable for failure of performance, nor incur any liability to the other party
on account of any loss or damage resulting from any delay or failure to perform all or any part
of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond
the reasonable control and without negligence of the parties. Such events, occurrences, or
causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or
other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government sanction, lockout, blockage,
embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service.
Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best efforts
to remedy the situation and remove, as soon as practicable, the cause of its inability to perform
or comply.
The party asserting Force Majeure as a cause for non-performance shall have the burden of
proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that the
other party was timely notified of the likelihood or actual occurrence which would justify such
an assertion, so that other prudent precautions could be contemplated.
The County shall reserve the right to terminate this Agreement and/or any applicable order or
contract release purchase order upon non-performance by Contractor. The County shall
reserve the right to extend the agreement and time for performance at its discretion.
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29. CONFLICTS OF INTEREST
Contractor shall comply, and require its subcontractors to comply, with all applicable (i)
requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and
local conflict of interest laws and regulations including, without limitation, California
Government Code section 1090 et. seq., the California Political Reform Act (California
Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices
Commission concerning disclosure and disqualification (2 California Code of Regulations
section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and
is grounds for immediate termination of this Agreement by the County.
In accepting this Agreement, Contractor covenants that it presently has no interest, and will
not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any
manner or degree with the performance of this Agreement. Contractor further covenants that,
in the performance of this Agreement, it will not employ any contractor or person having such
an interest. Contractor, including but not limited to contractor’s employees and subcontractors,
may be subject to the disclosure and disqualification provisions of the California Political
Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests
that may foreseeably be materially affected by the work performed under this Agreement, and
(2) prohibits such persons from making or participating in making decisions that will
foreseeably financially affect such interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing
service under this Agreement, Contractor shall, upon execution of this Agreement, provide the
County with the names, description of individual duties to be performed, and email addresses
of all individuals, including but not limited to Contractor’s employees, agents and
subcontractors, that could be substantively involved in “making a governmental decision” or
“serving in a staff capacity and in that capacity participating in making governmental decisions
or performing duties that would be performed by an individual in a designated position,” (2
CCR 18701(a)(2)), as part of Contractor’s service to the County under this Agreement.
Contractor shall immediately notify the County of the names and email addresses of any
additional individuals later assigned to provide such service to the County under this
Agreement in such a capacity. Contractor shall immediately notify the County of the names of
individuals working in such a capacity who, during the course of the Agreement, end their
service to the County.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing
service under this Agreement, Contractor shall ensure that all such individuals identified
pursuant to this section understand that they are subject to the Act and shall conform to all
requirements of the Act and other laws and regulations listed in subsection (A) including, as
required, filing of Statements of Economic Interests within 30 days of commencing service
pursuant to this Agreement, annually by April 1, and within 30 days of their termination of
service pursuant to this Agreement.
30. INDEPENDENT CONTRACTOR
Contractor shall supply all goods and/or perform all services pursuant to this Agreement as an
independent contractor and not as an officer, agent, servant, or employee of County.
Contractor shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors, and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the County and Contractor. No person
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performing any services and/or supplying all goods shall be considered an officer, agent,
servant, or employee of County, nor shall any such person be entitled to any benefits available
or granted to employees of the County.
Contractor is responsible for payment to sub-contractors and must monitor, evaluate, and
account for the sub-contractor(s) services and operations.
31. INSURANCE
Contractor shall maintain insurance coverage pursuant to the exhibit setting forth insurance
requirements, if such exhibit is attached to the Agreement.
32. DAMAGE AND REPAIR BY CONTRACTOR
Any and all damages caused by Contractor’s negligence or operations shall be repaired,
replaced or reimbursed by Contractor at no charge to the County. Repairs and replacements
shall be completed within 72 hours of the incident unless the County requests or agrees to an
extension or another time frame. The cleanup of all damage related to accidental or intentional
release of any/all non-hazardous or hazardous material (e.g. hydraulic fluid, fuel, grease, etc.)
from Contractor’s vehicles or during performance shall be the responsibility of the Contractor.
All materials must be cleaned up in a manner and time acceptable to County (completely and
immediately to prevent potential as well as actual environmental damage). Contractor must
immediately report each incident to the County’s Director of Procurement or designee.
Damage observed by Contractor, whether or not resulting from Contractor’s operations or
negligence shall be promptly reported by Contractor to County. County may, at its option,
approve and/or dictate the actions that are in County’s best interests.
33. LIENS, CLAIMS, AND ENCUMBRANCES AND TITLE
The Contractor represents and warrants that all the goods and materials ordered and delivered
are free and clear of all liens, claims or encumbrances of any kind. Title to the material and
supplies purchased shall pass directly from Contractor to County at the F.O.B. point, subject
to the right of County to reject upon inspection.
34. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
Contractor hereby assigns to the County all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by
the Contractor for sale to the County pursuant to this Agreement.
35. INDEMNITY
The Contractor shall indemnify, defend, and hold harmless the County, its officers, agents and
employees from any claim, liability, loss, injury or damage arising out of, or in connection with,
performance of this Agreement by Contractor and/or its agents, employees or sub-contractors,
excepting only loss, injury or damage caused by the sole negligence or willful misconduct of
personnel employed by the County. It is the intent of the parties to this Agreement to provide
the broadest possible coverage for the County. The Contractor shall reimburse the County for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor contests its obligation to indemnify, defend and/or hold harmless the County
under this Agreement and does not prevail in that contest.
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36. INTELLECTUAL PROPERTY INDEMNITY
Contractor represents and warrants for the benefit of the County and its users that it is the
exclusive owner of all rights, title and interest in the product or services to be supplied.
Contractor shall, at its own expense, indemnify, defend, settle, and hold harmless the County
and its agencies against any claim or potential claim that any good, (including software) and/or
service, or County’s use of any good (including software) and/or service, provided under this
Agreement infringes any patent, trademark, copyright or other proprietary rights, including
trade secret rights. Contractor shall pay all costs, damages and attorneys’ fees that a court
awards as a result of any such claim.
37. WARRANTY
Any goods and/or services furnished under this Agreement shall be covered by the most
favorable commercial warranties that Contractor gives to any of its customers for the same or
substantially similar goods and/or services. Any warranties so provided shall supplement, and
shall not limit or reduce, any rights afforded to County by any clause in this Agreement, any
applicable Uniform Commercial Code warranties, including, without limitation, Implied
Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose as well
as any other express warranty.
Contractor expressly warrants that all goods supplied shall be new, suitable for the use
intended, of the grade and quality specified, free from all defects in design, material and
workmanship, in conformance with all samples, drawings, descriptions and specifications
furnished by the County, in compliance with all applicable federal, state and local laws and
regulations and free of liens, claims and encumbrances. Contractor warrants that all services
shall strictly conform to the County’s requirements.
Contractor shall immediately replace or repair any good not conforming to any warranty, or
provide services to conform to County’s requirements. If after notice, Contractor fails to repair
or replace goods, or to provide services to conform to County’s requirements, Contractor shall
promptly refund to County the full purchase price paid by the County. This remedy is
nonexclusive of other remedies and rights that may be exercised by the County. Claims for
damages may include direct damages, such as cost to repair, as well as incidental and
consequential damages.
During the provision of goods and services, Contractor may not disclaim any warranty, express
or implied, and any such disclaimer shall be void. Additionally, the warranties above shall not
be deemed to exclude Contractor’s standard warranties or other rights and warranties that the
County may have or obtain.
38. COOPERATION WITH REVIEW
Contractor shall cooperate with County’s periodic review of Contractor’s performance.
Contractor shall make itself available onsite to review the progress of the project and
Agreement, as requested by the County, upon reasonable advanced notice.
Contractor agrees to extend to the County or his/her designees and/or designated auditor of
the County, the right to monitor or otherwise evaluate all work performed and all records,
including service records and procedures to assure that the project is achieving its purpose,
that all applicable County, State, and Federal regulations are met, and that adequate internal
fiscal controls are maintained.
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39. AUDIT RIGHTS
Pursuant to California Government Code Section 8546.7, the parties acknowledge and agree
that every contract involving the expenditure of public funds in excess of $10,000 may be
subject to audit by the State Auditor.
All payments made under this Agreement shall be subject to an audit at County’s option, and
shall be adjusted in accordance with said audit. Adjustments that are found necessary as a
result of auditing may be made from current billings.
The Contractor shall be responsible for receiving, replying to, and complying with any audit
exceptions set forth in any County audits. The Contractor shall pay to County the full amount
of any audit determined to be due as a result of County audit exceptions. This provision is in
addition to other inspection and access rights specified in this Agreement.
40. ACCESS AND RETENTION OF RECORDS AND PROVISION OF REPORTS
Contractor shall maintain financial records adequate to show that County funds paid were used
for purposes consistent with the terms of the contract between Contractor and County.
Records shall be maintained during the terms of the Agreement and for a period of four (4)
years from its termination, or until all claims have been resolved, whichever period is longer,
unless a longer period is required under any contract.
All books, records, reports, and accounts maintained pursuant to the Agreement , or related to
the Contractor's activities under the Agreement, shall be open to inspection, examination, and
audit by County, federal and state regulatory agencies, and to parties whose Agreements with
the County require such access. County shall have the right to obtain copies of any and all of
the books and records maintained pursuant to the Agreement, upon the payment of reasonable
charges for the copying of such records.
Contractor shall provide annual reports that include, at a minimum, (i) the total contract release
purchase order value for the County as a whole and individual County departments, and (ii)
the number of orders placed, the breakdown (by customer ID/department and County) of the
quantity and dollar amount of each product and/or service ordered per year. Annual reports
must be made available no later than 30 days of the contract anniversary date unless otherwise
requested.
Contractor shall also provide quarterly reports to the County that show a breakdown by contract
release purchase order (i) the order date (ii) ship date (iii) estimated arrival date (iv) actual
arrival date (v) list of products, services and maintenance items and (vi) the number and details
of problem/service calls and department name that each such call pertains to (including
unresolved problems). Quarterly reports must be made available to the County in electronic
format, two (2) business days after the end of each quarter unless otherwise requested.
41. ACCESS TO BOOKS AND RECORDS PURSUANT TO THE SOCIAL SECURITY ACT
Access to Books and Records: If and to the extent that, Section 1861 (v) (1) (1) of the Social
Security Act (42 U.S.C. Section 1395x (v) (1) (1) is applicable, Contractor shall maintain such
records and provide such information to County, to any payor which contracts with County and
to applicable state and federal regulatory agencies, and shall permit such entities and
agencies, at all reasonable times upon request, to access books, records and other papers
relating to the Agreement hereunder, as may be required by applicable federal, state and local
laws, regulations and ordinances. Contractor agrees to retain such books, records and
information for a period of at least four (4) years from and after the termination of this
Agreement. Furthermore, if Contractor carries out any of its duties hereunder, with a value or
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cost of Ten Thousand Dollars ($10,000) or more over a twelve (12) month period, through a
subcontract with a related organization, such subcontract shall contain these same
requirements. This provision shall survive the termination of this Agreement regardless of the
cause giving rise to the termination.
42. COUNTY NO-SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County’s No
Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as
amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical
Center Campus and all County-owned and operated health facilities, (2) within 30 feet
surrounding County-owned buildings and leased buildings where the County is the sole
occupant, and (3) in all County vehicles.
43. FOOD AND BEVERAGE STANDARDS
Except in the event of an emergency or medical necessity, the following nutritional standards
shall apply to any foods and/or beverages purchased by Contractor with County funds for
County-sponsored meetings or events.
If food is to be provided, healthier food options shall be offered. “Healthier food options” include
(1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed
foods without added sugar and with low sodium; (3) foods prepared using healthy cooking
techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible,
Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high
calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post
nutritional information and/or a list of ingredients for items served. If meals are to be provided,
a vegetarian option shall be provided, and the Contractor should consider providing a vegan
option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than
35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no
more than 10% of calories from saturated fat; (3) zero trans-fat; (4) no more than 35% of total
weight from sugar and caloric sweeteners, except for fruits and vegetables with no added
sweeteners or fats; and (5) no more than 360 mg of sodium per serving.
If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1)
water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar
substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either
nonfat or 1% low fat) dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond
milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice
(limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages
(including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugarsweetened beverages shall not be provided
44. NON-DISCRIMINATION
Contractor shall comply with all applicable Federal, State, and local laws and regulations,
including Santa Clara County’s policies, concerning nondiscrimination and equal opportunity
in contracting. Such laws include, but are not limited to, the following: Title VII of the Civil
Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation
Act of 1973 (§§ 503 and 504); California Fair Employment and Housing Act (Government Code
§§ 12900 et seq.); and California Labor Code §§ 1101 and 1102. Contractor shall not
discriminate against any employee, subcontractor or applicant for employment because of age,
race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability,
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physical disability, medical condition, political beliefs, organizational affiliations, or marital
status in the recruitment, selection for training including apprenticeship, hiring, employment,
utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall Contractor
discriminate in provision of services provided under this contract because of age, race, color,
national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical
disability, medical condition, political beliefs, organizational affiliations, or marital status.
Contractor’s violation of this provision shall be deemed a material default by Contractor giving
County a right to terminate the contract for cause.
45. DEBARMENT
Contractor represents and warrants that it, its employees, contractors, subcontractors or
agents (collectively “Contractor”) are not suspended, debarred, excluded, or ineligible for
participation in Medicare, Medi-Cal or any other federal or state funded health care program,
if applicable, or from receiving Federal funds as listed in the List of Parties Excluded from
Federal Procurement or Non-procurement Programs issued by the Federal General Services
Administration.
Contractor must within 30 calendar days advise the County if, during the term of this
Agreement, Contractor becomes suspended, debarred, excluded or ineligible for participation
in Medicare, Medi-Cal or any other federal or state funded health care program, as defined by
42. U.S.C. 1320a-7b (f), or from receiving Federal funds as listed in the List of Parties Excluded
from
Federal Procurement or Non-procurement Programs issued by the Federal General Services
Administration. Contractor will indemnify, defend and hold the County harmless for any loss or
damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.
46. CALIFORNIA PUBLIC RECORDS ACT
The County is a public agency subject to the disclosure requirements of the California Public
Records Act (“CPRA”). If Contractor’s proprietary information is contained in documents or
information submitted to County, and Contractor claims that such information falls within one
or more CPRA exemptions, Contractor must clearly mark such information “CONFIDENTIAL
AND PROPRIETARY,” and identify the specific lines containing the information. In the event
of a request for such information, the County will make best efforts to provide notice to
Contractor prior to such disclosure. If Contractor contends that any documents are exempt
from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order,
injunctive relief or other appropriate remedy from a court of law in Santa Clara County before
the County is required to respond to the CPRA request. If Contractor fails to obtain such
remedy within the time the County is required to respond to the CPRA request, County may
disclose the requested information.
Contractor further agrees that it shall defend, indemnify and hold County harmless against any
claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney’s
fees) that may result from denial by County of a CPRA request for information arising from any
representation, or any action (or inaction), by the Contractor.
47. POLITICAL REFORM ACT DISCLOSURE REQUIREMENT
Contractor, including but not limited to contractor’s employees and subcontractors, may be
subject to the disclosure and disqualification provisions of the California Political Reform Act
of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may
foreseeably be materially affected by the work performed under the Contract, and (2) prohibits
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such persons from making or participating in making decisions that will foreseeably financially
affect such interests.
If the disclosure provisions of the Act are applicable to any individual providing service under
the Contract, Contractor shall, upon execution of the Contract, provide the County with the
names, description of individual duties to be performed, and email addresses of all individuals,
including but not limited to Contractor’s employees, agents and subcontractors, that could be
substantively involved in “making a governmental decision” or “serving in a staff capacity and
in that capacity participating in making governmental decisions or performing duties that would
be performed by an individual in a designated position,” (2 CCR 18701(a)(2)), as part of
Contractor’s service to the County under the Contract. Contractor shall ensure that such
individuals file Statements of Economic Interests within 30 days of commencing service under
the Contract, annually by April 1, and within 30 days of their termination of service under the
Contract.
48. SEVERABILITY
Should any part of the Agreement between County and the Contractor or any individual
contract release purchase order be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect the validity of the remainder of the
Agreement or any individual contract release purchase order which shall continue in full force
and effect, provided that such remainder can, absent the excised portion, be reasonably
interpreted to give the effect to the intentions of the parties.
49. NON-WAIVER
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted
by the provisions of this Agreement will be effective unless it is in writing and signed by County.
No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach,
failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing
waiver unless the writing signed by the County so specifies.
50. USE OF COUNTY’S NAME FOR COMMERCIAL PURPOSES
Contractor may not use the name of the County or reference any endorsement from the County
in any fashion for any purpose, without the prior express written consent of the County as
provided by the Director of Procurement or designee.
51. HEADINGS AND TITLES
The titles and headings in this Agreement are included principally for convenience and do not
by themselves affect the construction or interpretation of any provision in this Agreement, nor
affect any of the rights or obligations of the parties to this Agreement.
52. HANDWRITTEN OR TYPED WORDS
Handwritten or typed words have no greater weight than printed words in the interpretation or
construction of this Agreement.
53. AMBIGUITIES
Any rule of construction to the effect that ambiguities are to be resolved against the drafting
party does not apply in interpreting this Agreement.
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54. ENTIRE AGREEMENT
This Agreement and its Exhibits constitute the final, complete and exclusive statement of the
terms of the agreement between the parties. It incorporates and supersedes all the
agreements, covenants and understandings between the parties concerning the subject matter
hereof, and all such agreements, covenants and understandings have been merged into this
Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise,
of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.
55. EXECUTION & COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which will be
considered an original, but all of which together will constitute one and the same instrument.
The parties agree that this Agreement, its amendments, and ancillary agreements to be
entered into in connection with this Agreement will be considered signed when the signature
of a party is delivered a method described under the Contract Execution provision herein. .
56. NOTICES
All deliveries, notices, requests, demands or other communications provided for or required by
this Agreement shall be in writing and shall be deemed to have been given when sent by
registered or certified mail, return receipt requested; when sent by overnight carrier; or upon
email confirmation to sender of receipt of a facsimile communication which is followed by a
mailed hard copy from sender. Notices shall be addressed to the individuals identified in the
Key Provisions of the Agreement as the County Contract Administrator and the Supplier
Contact. Each party may designate a different person and address by sending written notice
to the other party, to be effective no sooner than ten (10) days after the date of the notice.
57. ACCOUNT MANAGER
Contractor must assign an Account Manager to the County upon execution of the Agreement
to facilitate the contractual relationship, be fully responsible and accountable for fulfilling the
County’s requirements. Contractor represents and warrants that such person will ensure that
the County receives adequate pre- and post-sales support, problem resolution assistance and
required information on a timely basis.
58. SURVIVAL
All representations, warranties, and covenants contained in this Agreement, or in any
instrument, certificate, exhibit, or other writing intended by the parties to be a part of their
Agreement, will survive the termination of this Agreement.
59. GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be construed and interpreted according to the laws of the State of
California, excluding its conflict of law principles. Proper venue for legal actions shall be
exclusively vested in state court in the County of Santa Clara. The parties agree that subject
matter and personal jurisdiction are proper in state court in the County of Santa Clara, and
waive all venue objections.
60. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy
of a signed contract, or an electronically signed contract, has the same force and legal effect
as a contract executed with an original ink signature. The term “electronic copy of a signed
contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a
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ATTACHMENT 2
copy of an original signed contract in a portable document format. The term “electronically
signed contract” means a contract that is executed by applying an electronic signature using
technology approved by the County.
61. THIRD PARTY BENEFICIARIES
This agreement does not, and is not intended to, confer any rights or remedies upon any
person or entity other than the parties
62. AUTHORITY
Each party executing the Agreement on behalf of such entity represents that he or she is duly
authorized to execute and deliver this Agreement on the entity’s behalf, including the entity’s
Board of Directors or Executive Director. This Agreement shall not be effective or binding
unless it is in writing and approved by the County Director of Procurement, or authorized
designee, as evidenced by their signature as set forth in this Agreement.
63. WAGE THEFT PREVENTION
(1) Compliance with Wage and Hour Laws: Contractor, and any subcontractor it employs to
complete work under this Agreement, must comply with all applicable federal, state, and
local wage and hour laws. Applicable laws may include, but are not limited to, the Federal
Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage
Ordinance or Living Wage Ordinance.
(2) Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment,
decision, or order” refers to one for which all appeals have been exhausted. Relevant
investigatory government agencies include: the federal Department of Labor, the California
Division of Labor Standards Enforcement, a local enforcement agency, or any other
government entity tasked with the investigation and enforcement of wage and hour laws.
(3) Prior Judgments against Contractor and/or its Subcontractors: BY SIGNING THIS
AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS DISCLOSED ANY FINAL
JUDGMENTS, DECISIONS, OR ORDERS FROM A COURT OR INVESTIGATORY
GOVERNMENT AGENCY FINDING—IN THE FIVE YEARS PRIOR TO EXECUTING THIS
AGREEMENT—THAT CONTRACTOR OR ITS SUBCONTRACTOR(S) HAS VIOLATED
ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS
THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH—OR
HAS REACHED AGREEMENT WITH THE COUNTY REGARDING THE MANNER IN
WHICH IT WILL SATISFY—ANY SUCH JUDGMENTS, DECISIONS, OR ORDERS.
(4) Judgments During Term of Contract: If at any time during the term of this Agreement, a
court or investigatory government agency issues a final judgment, decision, or order finding
that Contractor or any subcontractor it employs to perform work under this Agreement has
violated any applicable wage and hour law, or Contractor learns of such a judgment,
decision, or order that was not previously disclosed, Contractor must inform the Office of
the County Executive Countywide Contracting, no more than 15 days after the judgment,
decision, or order becomes final or of learning of the final judgment, decision or order.
Contractor and its subcontractors shall promptly satisfy and comply with any such
judgment, decision, or order, and shall provide the Office of the County ExecutiveCountywide Contracting with documentary evidence of compliance with the final judgment,
decision or order within 5 days of satisfying the final judgment, decision, or order. The
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County reserves the right to require Contractor to enter into an agreement with the County
regarding the manner in which any such final judgment, decision or order will be satisfied.
(5) County’s Right to Withhold Payment: Where Contractor or any subcontractor it employs to
perform work under this Agreement has been found in violation of any applicable wage and
hour law by a final judgment, decision, or order of a court or government agency, the County
reserves the right to withhold payment to Contractor until such judgment, decision, or order
has been satisfied in full.
(6) Material Breach: Failure to comply with any part of this Section constitutes a material
breach of this Agreement. Such breach may serve as a basis for termination of this
Agreement and/or any other remedies available under this Agreement and/or law.
(7) Notice to County Related to Wage Theft Prevention: Notice provided to the Office of the
County Executive as required under this Section shall be addressed to: Office of the County
Executive—Countywide Contracting; 70 West Hedding Street; East Wing, 11th Floor; San
José, CA 95110. The Notice provisions of this Section are separate from any other notice
provisions in this Agreement and, accordingly, only notice provided to the above address
satisfies the notice requirements in this Section.
64. LIVING WAGE
Unless otherwise exempted or prohibited by law or County policy, Contractors that contract
with the County to provide Direct Services, as defined in County of Santa Clara Ordinance
Code Division B36 (“Division B36”) and Board Policy section 5.5.5.5 (“Living Wage Policy”),
and their subcontractors, where the contract value is $100,000 or more, must comply with
Division B36 and the Living Wage Policy and compensate their employees in accordance with
Division B36 and the Living Wage Policy. Compliance and compensation for purposes of this
provision includes, but is not limited to, components relating to fair compensation, earned sick
leave, paid jury duty, fair workweek, worker retention, fair chance hiring, targeted hiring, local
hiring, protection from retaliation, and labor peace. If Contractor and/or a subcontractor violate
this provision, the Board of Supervisors or its designee may, at its sole discretion, take
responsive actions including, but not limited to, the following:
a) Suspend, modify, or terminate the Direct Services Contract.
b) Require the Contractor and/or Subcontractor to comply with an appropriate remediation
plan developed by the County.
c) Waive all or part of Division B36 or the Living Wage Policy.
This provision shall not be construed to limit an employee's rights to bring any legal action for
violation of the employee's rights under Division B36 or any other applicable law. Further, this
provision does not confer any rights upon any person or entity other than the Board of
Supervisors or its designee to bring any action seeking the cancellation or suspension of a
County contract. By entering into this contract, Contractor certifies that it is currently complying
with Division B36 and the Living Wage Policy with respect to applicable contracts, and warrants
that it will continue to comply with Division B36 and the Living Wage Policy with respect to
applicable contracts.
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ATTACHMENT 2
65. CONTRACTING PRINCIPLES
All entities that contract with the County to provide services where the contract value is
$100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board,
shall be fiscally responsible entities and shall treat their employees fairly. To ensure
compliance with these contracting principles, all contractors shall: (1) comply with all applicable
federal, state and local rules, regulations and laws: (2) maintain financial records, and make
those records available upon request; (3) provide to the County copies of any financial audits
that have been completed during the term of the contract; (4) upon the County’s request,
provide the County reasonable access, through representatives of the Contractor, to facilities,
financial and employee records that are related to the purpose of the contract, except where
prohibited by federal or state laws, regulations or rules.
66. CONTRACTOR TRAVEL EXPENSES
Contractor shall be solely responsible for all of Contractor’s travel fees and out-of-pocket
expenses. County shall be solely responsible for all of County’s travel fees and out-of-pocket
expenses.
67. SECURITY CISO COMPLIANCE
Contractor shall follow the security standards, recommendations, conditions, and restrictions
as provided by the County Information Security Office (CISO) for the entire term of the
Agreement, and subject to the County’s annual assessment and/or Independent penetration
testing.
68. COUNTY DATA
a. Contractor shall not acquire any ownership interest in County Data. Contractor shall
not, without County’s written permission, use or disclose County Data other than in the
performance of its obligations under this Agreement.
b. Contractor shall be responsible for establishing and maintaining an information security
program that is designed to ensure the security and confidentiality of County Data,
protect against any anticipated threats or hazards to the security or integrity of County
Data, protect against unauthorized access to or use of County Data that could result in
substantial harm or inconvenience to County or any end users; and ensure the proper
disposal of County Data upon termination of this Agreement.
c. Contractor shall take appropriate action to address any incident of unauthorized access
to County Data, including addressing and/or remedying the issue that resulted in such
unauthorized access, notifying County as soon as possible of any incident of
unauthorized access to County Data, or any other breach in Contractor’s security that
materially affects County or end users; and be responsible for ensuring compliance by
its officers, employees, agents, and subcontractors with the confidentiality provisions
hereof. Should confidential and/or legally protected County Data be divulged to
unauthorized third parties, Contractor shall comply with all applicable federal and state
laws and regulations, including but not limited to California Civil Code sections 1798.29
and 1798.82 at Contractor’s sole expense. Contractor shall not charge County for any
expenses associated with Contractor’s compliance with these obligations.
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d. Contractor shall not, without County’s written permission, use or disclose County
Confidential Information other than in the performance of its obligations under this
Agreement. As between Contractor and County, all County Confidential Information
shall remain the property of the County. Contractor shall not acquire ownership interest
in the County Confidential Information.
e. Contractor shall defend, indemnify and hold County harmless against any claim, liability,
loss, injury or damage arising out of, or in connection with, the unauthorized use,
access, and/or disclosure of information by Contractor and/or its agents, employees or
sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County.
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ATTACHMENT 3
INSURANCE REQUIREMENTS
Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out
of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or
sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful
misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to
provide the broadest possible coverage for the County. The Contractor shall reimburse the County for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the
Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required herein,
the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition, a
certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under
the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A- V, according to the current Best's
Key Rating Guide or a company of equal financial stability that is approved by the County's
Insurance Manager.
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the
specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa Clara or their designated agent.
D. Insurance Required
1.
Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a.
Each occurrence
- $1,000,000
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ATTACHMENT 3
2.
3.
b.
General aggregate
c.
Products/Completed Operations aggregate - $1,000,000
d.
Personal Injury
- $2,000,000
- $1,000,000
General liability coverage shall include:
a.
Premises and Operations
b.
Personal Injury liability
c.
Products/Completed
d.
Severability of interest
General liability coverage shall include the following endorsement, a copy of which
shall be provided to the County:
Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of the County
of Santa Clara, and the officers, agents, and employees of the County of Santa
Clara, individually and collectively, as additional insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its officers,
agents, and employees shall be excess only and not contributing with insurance
provided under this policy. Public Entities may also be added to the additional insured
endorsement as applicable and the contractor shall be notified by the contracting
department of these requirements.
4.
Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of
not less than one million dollars ($1,000,000) combined single limit per occurrence
applicable to owned, non-owned and hired vehicles.
4a.
Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or
subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits of
not less than one million dollars ($1,000,000) combined single limit per occurrence
applicable to all owned non-owned and hired aircraft/watercraft.
5.
Workers' Compensation and Employer's Liability Insurance
a.
Statutory California Workers' Compensation coverage including broad form allstates coverage.
b.
Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence.
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ATTACHMENT 3
6.
7.
Professional Errors and Omissions Liability Insurance
a.
Coverage shall be in an amount of not less than one million dollars
($1,000,000) per occurrence/aggregate.
b.
If coverage contains a deductible or self-retention, it shall not be greater than
fifty thousand dollars ($50,000) per occurrence/event.
c.
Coverage as required herein shall be maintained for a minimum of two years
following termination or completion of this Agreement.
Cyber Liability
a
.
b
.
8.
9.
Each occurrence
-
$1,000,000
General aggregate
-
$2,000,000
Cyber liability coverage shall include at a minimum, but not limited to:
a.
Information Security and Privacy Liability
b.
Privacy Notification Costs
Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly
state so. In addition to coverage requirements above, such policy shall provide that:
a.
Policy retroactive date coincides with or precedes the Contractor's start of work
(including subsequent policies purchased as renewals or replacements).
b.
Policy allows for reporting of circumstances or incidents that might give rise to
future claims.
E. Special Provisions
The following provisions shall apply to this Agreement:
1.
The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or its
insurance consultant(s) are not intended to and shall not in any manner limit or qualify
the liabilities and obligations otherwise assumed by the Contractor pursuant to this
Agreement, including but not limited to the provisions concerning indemnification.
2.
The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self-insurance on the part of the Contractor. However,
this shall not in any way limit liabilities assumed by the Contractor under this
Agreement. Any self-insurance shall be approved in writing by the County upon
satisfactory evidence of financial capacity. Contractor’s obligation hereunder may be
satisfied in whole or in part by adequately funded self-insurance programs or selfinsurance retentions.
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ATTACHMENT 3
3.
Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4.
The County reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this Agreement, Contractor will furnish County
with evidence that all officials, employees, and agents handling or having access to
funds received or disbursed under this Agreement, or authorized to sign or countersign
checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen
percent (15%) of the maximum financial obligation of the County cited herein. If such
bond is canceled or reduced, Contractor will notify County immediately, and County
may withhold further payment to Contractor until proper coverage has been obtained.
Failure to give such notice may be cause for termination of this Agreement, at the option
of County.
.
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ATTACHMENT 4
Santa Clara County IT Vendor Security Assurance Requirements
Santa Clara County IT Vendor Security Assurance Requirements:
Santa Clara County is committed to ensuring that appropriate security protections are in place for all data in our custody. Any
form of sensitive/confidential data (e.g., personally identifiable information, personal healthcare information, criminal justice
information) demands specific due diligence to validate the adequacy of protection mechanisms. The objective is to establish
a reasonable basis of assurance regarding the security posture of the vendor product or service provider that will store,
process, or transmit County data.
In support of this objective, we ask our proposers to provide us, under NDA as appropriate, some form of assurance
artifact(s), ideally prepared by an independent third party. Specific artifacts that will help us establish the reasonable basis of
assurance are listed below.
1. For IT Service Providers (County data present in the vendor’s environment):
• Service Organization Control (SOC) Report, specifically a SOC 2, Type II report, created under the AT
101 auditing standard
• Results of a Stage 2 assessment against the ISO 27001:2013 security control baseline
• NIST Security Assessment Report (SAR) identifying the level of security (Low, Moderate, High) or for
cloud-based systems, FedRAMP SAR covering the Infrastructure, Platform, and Application layers of
the cloud service model
• HITRUST 3rd party Assessment Report
• Level 2 Cloud Security Alliance (CSA) STAR Attestation or Certification
For IT Product Proposers (vendor’s hardware/software deployed in the County environment):
•
•
•
•
•
ISO/IEC 15408: The Common Criteria – Evaluation Criteria for Information Technology Security
National Information Assurance Partnership (NIAP) Common Criteria Evaluation and Validation
Scheme (CCEVS)
DISA Security Technical Implementation Guide (STIG)
ISO 13485: Medical Devices – Quality Management System and the associated ISO 14971: Medical
Devices – Application of Risk Management to Medical Devices
Manufacturer Disclosure Statement for Medical Device Security (MDS2)
2. Proposers unable to provide one of the above assurance artifacts should complete the following:
For IT Service Providers: CSA Consensus Assessment Initiative Questionnaire (CAIQ), available at
https://cloudsecurityalliance.org/group/consensus-assessments/. Also identify NIST security level (Low, Moderate,
High).
For IT Product Proposers: SCC Product Questionnaire
Questionnaire product V7.xlsx
Note that some procurement scenarios may require the vendor to complete both questionnaires.
3. Proposers that do not provide any assurance artifact(s) or complete the CAIQ or SCC Product
Questionnaire are strongly encouraged to provide any other documentation that can contribute to an
understanding of their organizational security posture or the secure configuration of their product. This
may include, but not be limited to, self-assessments, internal audits, penetration test results, vulnerability
scan results, documentation demonstrating alignment to NIST standards, etc.
4. In addition to any documents provided, the vendor must also provide contact information for their IT
Security Manager or an IT Security Point of Contact for follow up questions.
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ATTACHMENT 4
Santa Clara County Chief Information Security Officer (CISO) Review:
Product/Service Name
Requesting Department
Business Sponsor
Sensitive data in scope (PHI, PII,
CJI, etc.)
Assurance artifact(s) reviewed
Conclusions
After reviewing the vendor-provided security assurance artifacts, I have determined that use of the vendor’s product or
service represents the following level of residual risk in relation to County assets, operations, and image:
Conditions
(things that MUST be done)
☐
Acceptable
Recommendations
(things that SHOULD be done)
Restrictions
(things that may NOT be done)
☐
Unacceptable
Reason(s):
_________________________________________________________
Chief Information Security Officer
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ATTACHMENT 5
COUNTY TRAVEL POLICY
Attachment 5 contains the summary provisions as extracted from the current County of Santa
Clara Travel Policy.
The most recent version of Santa Clara County’s complete Travel Policy is found at:
https://connect.sccgov.org/sites/controller/ControllerTreasurer%20Policies%20and%20Procedures/Travel%20Policy/Documents/Travel-PolicyRevised-April-7-2015.pdf and is made available to the Contractor, upon request.
This policy will be referenced and made a part of the Agreement. If any of the documents are
revised at the time the Agreement is executed, the newer version of the document will apply.
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ATTACHMENT 5
County of Santa Clara
Travel Policy
Quick Reference Guide for Contractors
Introduction
County service agreements and contracts shall be written to comply with the County Travel
Policy when terms include travel provisions for contractors whose travel expenses are paid by
the County. This is required with the exception of a grant policy that specifically indicates that
a different policy shall apply.
Guiding Principles
Payments of travel expenses are limited to training and business purposes that benefit the
County. All expenses incurred while on County business should reflect reasonable and prudent
use of public funds. Contractors should choose the most efficient, direct and economic travel
options required by the occasion.
Travel Authorization
Travel expenses submitted by contractors are reimbursable by the County through a written
contractual obligation signed by both parties. Contractors are obligated to follow the policies
and procedures described therein.
Contractors shall ensure that all travel on behalf of the County is necessary and allowable prior
to making any reservation or embarking on the trip.
The department contractor monitor approving the travel expenses shall determine:
1.
2.
3.
4.
If the trip is necessary
If the business reason for the trip is justified
If the business purpose could be accomplished by telephone, email or other means
If the estimated cost justifies the trip
Reservations for Airfare and Car Rental
Depending on the language in the contract, reservations required for travel by contractors can
be arranged through the County’s designated travel agency whenever practicable or by
contractors when lowest available rate can be obtained and price is comparable to those
obtained from the County’s travel agency.
Reimbursable Travel Costs
Reimbursable travel costs are limited to those that are actual and necessary. When arranging
for travel, contractors should consider any special rates, promotions, etc., which would reduce
County cost. For example, some special rates are available to those who are traveling on
government business.
Transportation Costs
In determining the mode of transportation, contractors should consider relative costs,
time efficiencies, and the number of people traveling together. The County will
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ATTACHMENT 5
reimburse contractors for standard coach airfare at the lowest available rate, and
reasonable and actual add-on airline fees when submitted with receipt(s).
Contractors who use private vehicle for traveling on County business will be reimbursed
at the current IRS published rate. When traveling to a destination with scheduled airline
service, the mileage payment may not exceed the equivalent coach class airfare plus
avoided mileage to/from airport and local airport long term parking cost. Rental car rates
should be comparable to State rental car contract with low base rates. Reimbursement
is limited to standard sedan or vehicle commensurate with the requirement of the trip
with proper approval. The rental car must be turned in promptly at conclusion of the
travel. Additional daily charges will not be reimbursed. Current proof of auto insurance
must be provided when requesting mileage or rental car reimbursement for County
business.
Travel Insurance
Contractors assume all risks and expenses associated with obtaining insurance
deemed necessary when using private vehicles or rental vehicles for business-related
travel. The cost of such insurance is not reimbursable. It is the contractors’ responsibility
to protect against damage to their vehicles and legal liability in the form of insurance
that complies with the State of California law and Insurance Code.
Lodging Costs
Lodging expenses will be reimbursed at the actual expenses up to the federal per diem
rate plus hotel tax. Itemized receipt must be provided.
Meal Costs
Meals on authorized County business will be reimbursed at the federal meal per diem
rate.
Federal Per Diem Rate
For Travel within the Continental US, use rate listed on http://www.gsa.gov/
•
•
•
•
Includes 48 contiguous states and District of Columbia high cost locations
Applies to short term travel (29 days or fewer)
Use County Code (www.naco.org) search when the city is not listed and to
identify if the city is in a high cost county
If neither city nor county is listed, use CONUS standard lodging/meal rate
Incidental and Other Reimbursable Expenses
Reasonable and necessary costs for other travel expenses will be reimbursed when
supported by itemized receipts (if more than $10) or other appropriate documentation.
Incidental expenses incurred will be reimbursed up to GSA limit (currently at $5 per day)
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ATTACHMENT 5
Non-reimbursable Expenses include:
Travel and related expenses performed outside the scope of contract agreement will be
denied.
This includes, but is not limited to:
1. Expenses incurred prior to the execution of the agreement
2. Expenses incurred after the expiration of the agreement
3. During the term of the agreement, but without proper approval by the department
contract monitor
4. Travel costs in excess of those allowed within the County Travel Policy or those
prescribed by the contract
o If official business travel is interrupted for personal convenience, any resulting
additional expenses shall be borne by the contractor.
o Airfare exceeding the lowest available price for standard coach class
o Parking and traffic violations
o Mileage for County vehicle
o Mileage for commute to work
o Emergency repairs for non-County vehicles
o Insurance not provided for under the Travel Policy
o Car rental service option and small vehicle insurance
o Tips exceeding guidelines
o Airline club membership or credit card fees
o Refreshments, snacks, alcoholic beverages
o Personal travel expenses
o Medicinal remedies, health supplies, cosmetics
o Personal entertainment, e.g. in-room movies
o Childcare fees or kennel/boarding fees
o Short term airport parking exceeding long term rate
o Incidental expenses that are to be of personal nature, extravagant, or might
be considered to be unreasonable or unnecessary
Final Accounting for the Trip
A final accounting for the trip must be provided to the department within 21 days after the end
of the trip. Travel reimbursement submitted after six months from the travel end-date will not
be reimbursed.
Travel Receipts
If the agreement has a provision for travel reimbursement, the contractors’ travel expenses
submitted for reimbursement must be substantiated by valid receipts or other appropriate
written evidence that show the following:
• Name of the establishment
• Location of the establishment
• Date(s) the expense(s) incurred
• The type of expenses, and
• The amount of the expenses
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 4 of 5
ATTACHMENT 5
The following documentation, when applicable, must be included with each travel expense
report:
• Airline ticket - the invoice, e-ticket, or the original passenger copy of the airline
ticket
• Lodging - the itemized lodging receipt
• Automobile rental - the original rental receipt
• Other expenses: for all other expenses, the original receipt must be provided for
any single item costing $10 or more
• Other required documentation as specified in the contract
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 5 of 5
ATTACHMENT 6
JAIL FACILITIES TOUR INFORMATION
Jail Facility Rules
DRESS CODE RULES STRICTLY ENFORCED
We look forward to having you visit our jail facilities on the upcoming tour. To make this event
successful and stay on schedule, please take the time to read and understand the rules below.
Your participation in the Tour and Pre-proposal Conference may be cancelled for non-compliance.
•
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•
•
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•
•
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Visitors will be allowed entry once they have cleared the metal detector. Each visitor will
have three opportunities to clear the metal detector. This process is the equivalent to
clearing airport security.
All visitors must wear shoes and clothing that is appropriate for visiting at the Main Jail and
the Elmwood Correctional Complex or they will not be allowed entry into the facility.
Length of dresses, skirts (including slit skirts) and shorts not to exceed two inches above
the knee.
Clothing shall not expose any part of the torso, back, shoulders, chest or midsection.
Undergarments must not be visible.
Transparent clothing, strapless, halter, spaghetti straps, bare midriff clothing, tank tops,
and attire displaying obscene/offensive language or drawings is prohibited.
Visitors must empty the contents of their pockets and remove jackets, coats or sweaters for
search.
Buttons and zippers will remain fastened.
Clothing that resembles custody issued inmate clothing will not be allowed.
Law enforcement or military patterned clothing will not be allowed.
Visitor must wear shoes, must be closed toe.
Clothing or footwear containing metal should not be worn.
No hats allowed.
No money allowed.
Visitors must present medical verification for any internal metal hardware.
No medical attire (for example scrubs) will be allowed.
No weapons of any kind.
No electronics will be allowed into the facilities. This includes, but is not limited to, cell
phones, smart watches or any photography equipment.
No purses or briefcases.
Anything else deemed inappropriate by the Facility Commander or his/her designee will not
be allowed.
Visitors Advisory
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•
•
All visitors are subject to search while on the Main Jail and Elmwood Correctional Complexes.
The Main Jail and Elmwood Correctional Complex is a "NO HOSTAGE" facility.
This pre-bid tour may be cancelled without notification.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 1 of 4
ATTACHMENT 6
Tour Tips
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Please be prompt; allow time to find parking and to clear security.
To expedite clearance into the facilities, think “airport security.” Remember that less is
better; belts, watches, shoes, etc. may need to be removed to clear the metal detector.
Please bring your government issued identification with you, this will be used to identify you
and will be exchanged for a facility access badge, which is required to enter the jails. It will
be returned to you at the end of each facility tour.
You will only be allowed to have a notepad and pen to take notes on the tours.
No taking of photos will be permitted.
Please bring only your ID, notepad and pen with you, nothing else.
Wear comfortable shoes.
Tour Itinerary
8:00-8:30 am
Check-in at Main Jail lobby (150 West Hedding Street, San Jose, CA 95110).
8:30-11:30 am
Main Jail tour including safety briefing
11:30 am-12:30 pm
Lunch Break (on your own)
12:30-5:00 pm
Check-in at Elmwood Correctional Complex – West Gate (945 Thompson
Street, Milpitas CA 95035). There will be a Bidders’ conference in the squad
room after the jail tour.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 2 of 4
ATTACHMENT 6
Main Jail Complex
150 West Hedding Street, San Jose, CA 95110
DIRECTIONS TO MAIN JAIL:
From Interstate 880
Take the North First Street exit. Proceed south on North First Street to West Hedding Street. Turn
right on West Hedding Street. The complex is on the southwest corner of the intersection of West
Hedding and San Pedro.
From U.S. 101
Exit on to southbound Interstate 880. Exit at the North First Street exit. Proceed south on North
First Street to West Hedding Street. Turn right on West Hedding Street to San Pedro.
PARKING near MAIN JAIL:
Paid public parking is available in the parking structure located directly across from the Main Jail
and the Hall of Justice on the north side of Hedding Street. There is an elevated walkway that
crosses West Hedding Street. Due to the length of the tour, it is not recommended to utilize street
parking with parking meters.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 3 of 4
ATTACHMENT 6
Elmwood Correctional Complex
945 Thompson Street, Milpitas, CA 95035
Directions
The facility is located off Great Mall Parkway between Abel Street and Interstate 880 in Milpitas.
The West Gate Elmwood Men's visiting lobby faces the northbound lanes of Interstate 880 and is
accessible via the Great Mall Parkway exit.
From Interstate 680
Take the North Capitol Avenue exit in San Jose. Proceed north about 3.6 miles. Turn right on
frontage road along northbound I-880 lanes to West Gate parking lot entrance.
From Interstate 880
Take the Great Mall Parkway exit. From southbound I-880, turn left from the exit, over the freeway
overpass, then left again to the frontage road along I-880 to the West Gate parking lot.
From northbound I-880, continue north through the off-ramp intersection with Great Mall
Parkway to the frontage road along I-880 to the West Gate parking lot.
PARKING at ELMWOOD CORRECTIONAL COMPLEX:
Free public parking is available in the Elmwood parking lot. Enter the parking lot off of Thompson
Street across the street from the Toyota dealership. Please park in the designated visitor parking
spaces.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 4 of 4
ATTACHMENT 7
DESIRED FEATURES AND FUNCTIONALITY
The County has been gathering additional requirements for the Inmate Calling Systems and
the Inmate Tablet Platform which may be used as a reference when proposing the Program.
7.1.1 INMATE CALLING SYSTEMS - TECHNICAL
Requirement
ID
TRCG
TRCG-1
TRCI
TRCI-1
TRCI-2
TRCI-3
TRCI-4
TRCI-5
TRCI-6
TRCI-7
TRCI-8
TRCI-9
TRCI-10
TRCB
TRCB-1
TRCB-2
TRCB-3
TRCB-4
TRCB-5
Requirement Description
Importance:
(H) Highly
Desirable or
(D) Desirable
General
The Proposer’s solution shall support the use the National
Information Exchange Model (NIEM) message format and LEXS for
inter- communication between systems.
Interfaces
Simple Object Access Protocol (SOAP) 1.x or later over HTTP via TLS
Representational State Transfer (REST) over HTTP via TLS
Secure File Transport Protocol
Java Messaging Service (JMS) 1 or later
Simple Mail Transport Protocol (SMTP)
The Proposer’s solution shall support data exchanges using
customized XML formats.
The Proposer’s solution shall support Microsoft SQL Server 2014 or
later.
The Proposer’s solution shall be implemented on virtualized
Microsoft Windows Server 2012 R2 operating system.
The solution shall support virtualization using VMware infrastructure
(vSphere 5.5 Update 3 and vSphere 6 Update 1 or later).
The solution shall provide or be compatible with operating system
time synchronicity between all solution components.
Batch processing capabilities
The Provider shall provide a catalog of batch jobs available for
execution with required and optional parameters, expected result,
side effects, and error or exception results.
The solution shall provide the ability to schedule batch jobs in a
flexible manner.
The solution shall provide the ability to prioritize and sequence
batch jobs.
The solution shall support the ability to rollback a batch job that has
already completed.
The solution shall support the ability to send notifications to
designated users or roles upon failure of a batch job.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
H
H
H
D
D
D
H
H
H
H
H
H
H
H
H
H
Page 1 of 16
ATTACHMENT 7
Requirement
ID
TRCB-6
TRCB-7
TRCB-8
TRCB-9
TRCB-10
TRCB-11
TRCB-12
TRCB-13
TRCE
TRCE-1
TRCE-3
TRCE-4
TRCE-5
TRCE-6
TRCE-7
Requirement Description
The solution shall support the ability to restart a batch job which has
stopped execution before completion.
The Provider shall provide instructions to recover the system in the
event that a batch job has failed.
The Provider shall supply a catalog of predefined reports that are
supplied with the system, including description of output, sample
output, and required and optional parameters.
The Provider shall supply a catalog of data elements which can be
included in reports.
The solution shall include the ability to create user defined reports.
The solution shall include the ability to add user defined reports to
the catalog of reports available for request.
The solution shall provide the ability to schedule reports in a flexible
manner.
The solution shall provide the ability to distribute reports or send
notification of report availability to end users.
Back End System
All equipment must be rack mounted.
All equipment must have the ability to be locked.
All telephone instruments shall be line powered and have UPS backup power capability; Proposals shall provide specific electrical and
back-up power supply requirements.
The Proposer shall propose a solution in which the time needed for
planned downtime to install patches, upgrades, or bug fixes will not
exceed a combined 1 hour per year.
The solution shall be designed to avoid single points of failure.
Vendor shall track the phone type of connection.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
H
H
D
D
D
H
D
H
H
H
H
Page 2 of 16
ATTACHMENT 7
7.1.2 INMATE CALLING SYSTEMS - FUNCTIONAL
Requirement
ID
FRCG
FRCG-1
FRCG-2
FRCG-3
FRCG-4
FRCG-5
FRCG-6
FRCG-7
FRCG-8
FRCG-9
FRCG-10
FRCG-11
FRCG-12
FRCG-13
FRCG-14
FRCG-15
Requirement Description
General
The solution’s interfaces supporting its Administration, Operations,
and Development shall be accessible via web browser, supporting
HTML 5.
The Proposer’s solution shall provide search capability to view the
audit/logged information by sub-system, source system, target
system, date, and time, or other defined set of parameters.
The Proposer’s solution shall maintain audit records as either: active,
archived, or purged (removed from the active database but available
for query and reporting) based on the end user configurable duration
setting.
The solution shall provide the capability to overwrite the log file if
required by maximum size or by date/period (daily, weekly, monthly)
Successful and unsuccessful attempts to access (read) the audit log
file
Associate a Level (Informational, Warning, Error, Critical, Success ,
Failure) to logged events
The solution shall provide the capability to export, archive, purge and
overwrite the event logs
The solution shall provide the capability to provide Alerts and
Notifications for logged events
The Proposer’s Solution shall have the ability to backup and restore
the audit log to/from archival storage.
The Proposer’s solution shall provide the capability to support
notifications based on user-defined event triggers (example:
Notification to Security Officer for unauthorized User ID access
attempts exceed a predefined number of attempts).
The Proposer’s solution shall provide the ability to track solution
uptime by issuing log entries indicating solution startup and
shutdown times.
The solution shall accommodate the estimated number of Users in
the table above while maintaining required operational performance
levels.
The Proposer will provide documentation to support implementing
access controls for the solution that comply with the relevant
Federal and California State Security and Privacy policies.
The solution shall provide the Security, Authentication, and
Authorization capabilities from a management console.
The solution shall provide auditability functions that will comply with
FBI CJIS Security Policy version 5.5 or later
https://www.fbi.gov/about-us/cjis/cjis-security-policy-resourcecenter.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
H
H
D
D
D
H
H
D
H
H
H
H
Page 3 of 16
ATTACHMENT 7
Requirement
ID
FRCG-16
FRCG-17
FRCG-18
FRCG-19
FRCG-20
FRCG-21
FRCG-22
FRCG-23
FRCG-24
FRCG-25
FRCG-26
FRCG-27
FRCG-28
Requirement Description
The solution shall remain compliant with the FBI CJIS Security Policy
throughout the performance of this contract by applying changes
and enhancements to the solution.
The solutions database shall be configurable to provide, at a
minimum, 256-bit encryption of data at rest within the database.
(Supports FIPS 140-2 certified FIPS 197 AES encryption methods)
The number of attempts and the associated time period at which the
restriction shall be triggered is configurable by a solution
administrator.
The account access restriction triggered by repeated unsuccessful
login attempts shall include the ability to lock the login account
against further login attempts for a time period configured by a
solution administrator.
The account access restriction triggered by repeated unsuccessful
login attempts shall include the ability to lock the login account
against further login attempts for a time period established by a
County specified algorithm (i.e. for a random period within a time
range).
The Proposer’s Solution shall provide the ability for a system
administrator to define a session timeout based on security group or
role.
The authentication mechanism that the Proposer’s solution relies
upon shall provide the ability to define password security
requirements by security group or role.
The solution’s authentication environment shall be able to restrict
passwords to be a minimum length specified in County Password
policy and CJIS policy.
The solution shall provide the capability to display to users a County
defined system use notification message or banner before granting
access to the system that provides privacy and security notices
consistent with applicable federal laws, Executive Orders, directives,
policies, regulations, standards, and guidance.
The solution shall provide the capability to notify the user, upon
successful logon / access to the system, of the date and time of the
last logon / access.
The solution shall prevent further access to the system in a user
session by initiating a session lock after a County defined time period
of inactivity or upon receiving session lock request from the user.
The solution shall prevent further access to the system in a locked
user session until the user reactivates access using established
authentication procedures.
The solution shall provide an administrative Application Program
Interface which can be used to terminate a user session from a
County provided mechanism (from a console or automated rule
based event trigger).
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
H
H
H
H
H
H
H
H
H
D
Page 4 of 16
ATTACHMENT 7
Requirement
ID
FRCG-29
FRCG-30
FRCG-31
FRCG-32
FRCG-33
FRCG-34
FRCG-35
FRCG-36
FRCG-37
FRCG-38
FRCG-39
FRCG-40
FRCG-41
Requirement Description
The Proposer’s Solution shall provide the ability to comply with
County Policies for End-user authorization including but not limited
to the following: Groups, Locations, Roles, etc.
The Proposer’s Solution shall provide the ability to comply with role
based authorization methods that support the HIPAA Security and
Privacy Rules.
The Proposer’s solution shall provide a mechanism to authenticate
publisher and subscriber systems involved in a data exchange using
multifactor authentication.
The Proposer shall provide a catalog of the account roles that are
provided in the solution for controlling access to database tables and
stored procedures for querying, report execution, update, and
administrative purpose (changing access).
The Proposer’s solution shall provide a mechanism that encrypts and
decrypts according to NIST and FIPS Justice Standards. (FIPS 140-2
and FIPS 197, per CJIS security policy 5.3)
The solution shall provide the capability to terminate the network
connection associated with a communications session after a County
specified time period of inactivity.
The Proposer’s solution shall produce immediate security alert
notifications upon detection of a security policy violation.
The Proposer’s Solution shall have the ability to produce a report
documenting all security related items in the system by selectable
duration (shift, day, month, etc.)
The Proposer’s solution shall support the ability for configuring
solution and its sub-systems for the distribution of security alert
notifications.
The solution shall be configurable, based on assigned authentication
levels, by administrative and operations users, upon completion of
training provided by the Proposer’s Professional Services group.
Administrative configuration shall include, but not be limited to:
● Provisioning Accounts (Service and User)
● Defining Roles
● Configuring Logging and Audit controls
● Configuring subsystem integration
● Securing accessibility to subsystems
● Creating service ports
● Provisioning Storage
● Defining service privileges
● Assigning network interfaces to services
Operations configuration shall include, but not be limited to:
● Defining startup and shutdown procedures
● Monitoring services
● Configuring High-Availability Architectures
Database configuration shall include, but not be limited to:
● Establishing and configuring the solution to use databases
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
H
H
H
H
H
H
H
H
H
H
Page 5 of 16
ATTACHMENT 7
Requirement
ID
FRCG-42
FRCG-43
FRCG-44
FRCG-45
Requirement Description
supporting:
o Reporting
o Logging
o User Stores
o Security
o Defining Security Roles for databases
The Proposer shall provide application installation procedures for the
solution. These procedures are to be based on a high-availability
architecture.
The Proposer shall specify the architectural design that is to be
employed so that the County can maintain the system with direct
vendor support.
The solution shall provide the ability to generate reports listing the
roles or groups who have been granted access rights to available
functions.
The Proposer’s Solution shall provide the ability for administrative
users to manage the logical data groupings to be automatically
archived and the archival retention duration based on business rules.
FRCG-46
The solution shall provide the ability, with authorization, to manually
control and override rules related to archiving specific data items.
FRCP
Phones & TDD Devices
FRCP-1
Provide the method/steps taken by in the system’s architecture and
design to ensure that inmates can obtain dial tone during peak
calling periods.
FRCP-2
FRCP-3
FRCP-4
FRCR
FRCR-1
FRCM
FRCM-1
FRCS
FRCS-1
The proposed system shall provide the ability for a system
administrator to designate a list of specific destination telephone
numbers for which call attempts from the proposed system will
generate automatic dial-outs to pre-programmed County designated
telephone numbers, so as to alert County designated individuals of the
call attempt.
Once entered, blocked telephone numbers shall become immediately
blocked from all inmate telephones.
Three way call attempt logging shall be available in the form of
management reports provided within the proposed system.
Reports
All training shall be provided at no cost to the County for the duration
of the Agreement term.
Maintenance and Repair Costs
The Contractor shall provide two (2) full time (40 hours per week)
telephone service technicians, on-site.
On-site Support
Level One support person on-site during County standard business
hours (8-5, Monday through Friday).
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
D
H
H
H
H
H
H
H
H
Page 6 of 16
ATTACHMENT 7
Requirement
ID
FRCC
FRCC-1
FRCE
FRCE-1
FRCE-2
Requirement Description
24-Hour Support
The Contractor shall provide twenty-four (24) hour, 7-day a week,
365 days a year telephone access, including access to a live operator,
to support resources, with local or toll free number for full
maintenance support, for reporting trouble calls, nonscheduled
maintenance and requests for system administration, for the
proposed system. Include the toll-free number in the proposal.
Escalation Process
The Contractor shall provide a toll-free telephone number with access
to a live operator twenty-four hours per day, seven days per week to
County staff for reporting trouble calls, nonscheduled maintenance
and requests for system administration.
Proposals shall include a description the process the vendor follows
to respond to such calls including the average length of time County
staff may be expected to wait before being connected with a support
representative, and, the average length of time taken by the vendor
to resolve trouble calls.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
Page 7 of 16
ATTACHMENT 7
7.2.1 INMATE TABLET PLATFORM - TECHNICAL
Requirement
ID
TRTG
TRTG-1
TRTI
TRTI-1
TRTI-2
TRTI-3
TRTI-4
TRTI-5
TRTI-6
TRTI-7
TRTI-8
TRTI-9
TRTI-10
TRTB
TRTB-1
TRTB-2
TRTB-3
TRTB-4
TRTB-5
TRTB-6
TRTB-7
TRTB-8
TRTB-9
Requirement Description
General
The Proposer’s solution shall support the use the National
Information Exchange Model (NIEM) message format and LEXS for
inter- communication between systems.
Interfaces
Simple Object Access Protocol (SOAP) 1.x or later over HTTP via TLS
Representational State Transfer (REST) over HTTP via TLS
Secure File Transport Protocol
Java Messaging Service (JMS) 1 or later
Simple Mail Transport Protocol (SMTP)
The Proposer’s solution shall support data exchanges using
customized XML formats.
The Proposer’s solution shall support Microsoft SQL Server 2014 or
later.
The Proposer’s solution shall be implemented on virtualized
Microsoft Windows Server 2012 R2 operating system.
The solution shall support virtualization using VMware infrastructure
(vSphere 5.5 Update 3 and vSphere 6 Update 1 or later).
The solution shall provide or be compatible with operating system
time synchronicity between all solution components.
Batch processing capabilities.
The Provider shall provide a catalog of batch jobs available for
execution with required and optional parameters, expected result,
side effects, and error or exception results.
The solution shall provide the ability to schedule batch jobs in a
flexible manner.
The solution shall provide the ability to prioritize and sequence batch
jobs.
The solution shall support the ability to rollback a batch job that has
already completed.
The solution shall support the ability to send notifications to
designated users or roles upon failure of a batch job.
The solution shall support the ability to restart a batch job which has
stopped execution before completion.
The Provider shall provide instructions to recover the system in the
event that a batch job has failed.
The Provider shall supply a catalog of predefined reports that are
supplied with the system, including description of output, sample
output, and required and optional parameters.
The Provider shall supply a catalog of data elements which can be
included in reports.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
D
D
D
H
H
H
H
H
H
H
H
H
H
H
H
H
H
Page 8 of 16
ATTACHMENT 7
Requirement
ID
TRTB-10
TRTB-11
TRTB-12
TRTB-13
TRTT
TRTT-1
TRTE
TRTE-123
TRTE-124
TRTE-141
TRTS
TRTS-1
TRT24
TRT24-1
Requirement Description
The solution shall include the ability to create user defined reports.
The solution shall include the ability to add user defined reports to
the catalog of reports available for request.
The solution shall provide the ability to schedule reports in a flexible
manner.
The solution shall provide the ability to distribute reports or send
notification of report availability to end users.
Tablets
Inmate tablets shall support up to 12 hours of battery life and be
rechargeable to full capacity within an 8 hour period.
Back End System
All equipment must be rack mounted.
All equipment must have the ability to be locked.
All telephone instruments shall be line powered and have UPS backup power capability; Proposals shall provide specific electrical and
back-up power supply requirements.
On-Site Support
Level One support person on-site during County standard business
hours (8-5, Monday through Friday).
24-Hour Support
The Contractor shall provide twenty-four (24) hour, 7-day a week, 365
days a year telephone access, including access to a live operator, to
support resources, with local or toll free number for full maintenance
support, for reporting trouble calls, nonscheduled maintenance and
requests for system administration, for the proposed system. Include
the toll-free number in the proposal.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
D
D
D
H
H
D
H
H
H
Page 9 of 16
ATTACHMENT 7
7.2.2 INMATE TABLET PLATFORM - FUNCTIONAL
Requirement
ID
FRTG
FRTG-1
FRTG-2
FRTG-3
FRTG-4
FRTG-5
FRTG-6
FRTG-7
FRTG-8
FRTG-9
FRTG-10
FRTG-11
FRTG-12
FRTG-13
Requirement Description
General
The solution’s interfaces supporting its Administration, Operations,
and Development shall be accessible via web browser. (See RFP
Attachment 10 County Supported Environments and Policies.)
The solution’s interfaces supporting its Administration, Operations,
and Development shall be accessible via Thick Client. (See RFP
Attachment 10 County Supported Environments and Policies.)
The Proposer’s solution shall provide search capability to view the
audit/logged information by sub-system, source system, target
system, date, and time, or other defined set of parameters.
The Proposer’s solution shall maintain audit records as either: active,
archived, or purged (removed from the active database but available
for query and reporting) based on the end user configurable duration
setting.
The solution shall provide the capability to overwrite the log file if
required by maximum size or by date/period (daily, weekly, monthly)
Successful and unsuccessful attempts to access (read) the audit log
file
Associate a Level (Informational, Warning, Error, Critical, Success ,
Failure) to logged events
The solution shall provide the capability to export, archive, purge and
overwrite the event logs
The solution shall provide the capability to provide Alerts and
Notifications for logged events
The Proposer’s Solution shall have the ability to backup and restore
the audit log to/from archival storage.
The Proposer’s solution shall provide the capability to support
notifications based on user-defined event triggers (example:
Notification to Security Officer for unauthorized User ID access
attempts exceed a predefined number of attempts).
The Proposer’s solution shall provide the ability to track solution
uptime by issuing log entries indicating solution startup and shutdown
times.
The Proposer’s solution shall provide the ability to track transaction
response times.
Importance:
(H) Highly
Desirable or
(D) Desirable
H
D
H
H
H
H
D
D
D
H
H
D
D
FRTG-14
Data Record information including but not limited to record returned,
records added, records updated, search criteria, search results, and
related unstructured data.
H
FRTG-15
FRTG-16
FRTG-17
Event message Source / Destination
Event Code and Description
User provided audit message.
D
D
D
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Page 10 of 16
ATTACHMENT 7
Requirement
ID
FRTG-18
FRTG-19
FRTG-20
FRTA
FRTA-1
FRTA-2
FRTA-3
FRTA-4
FRTA-5
FRTA-6
FRTA-7
FRTA-8
FRTA-9
FRTA-10
FRTRD
FRTRD-1
FRTRD-2
FRTRD-3
FRTRM
FRTRM-1
Requirement Description
Status (Success, Failure)
If query, identification of query / stored procedure and input
parameters.
The Solution shall have the ability to back up the audit log for longterm storage.
Maintain an audit log record for the following data exchange
activities to support the accountability, reconstruction of events and
problem identification:
Request sent (message)
Request delivered (acknowledgement if guaranteed delivery)
Request not delivered
Request pending for replay
Request for replay failed
Response received
Response not received (asynchronous or synchronous)
Response delivered
Receive acknowledgement
Sent acknowledgement
Record the following attributes for each data exchange activity to
provide the current status of a transaction:
Type of message based on the header or content (i.e. data exchange
for Booking, Transport, Release, etc.)
Date and Time
User-definable audit message
Record the following attributes related to message generation or
processing:
Mapping success or failure
Importance:
(H) Highly
Desirable or
(D) Desirable
H
D
H
H
D
D
D
D
D
D
D
D
D
H
H
D
D
FRTRM-2
Data Transformation success or failure
D
FRTRM-3
Message out of sequence error
D
FRTRM-4
Message formatting error
D
FRTRM-5
Message Receipt success or failure
D
FRTRM-6
FRTM
FRTM-1
FRTM-2
FRTM-3
FRTM-4
Event triggers success or failure
Maintenance and Configuration
The Proposer shall propose a solution in which the time needed for
planned downtime to install patches, upgrades, or bug fixes will not
exceed a combined 1 hour per year.
The solution shall be designed to avoid single points of failure.
The solution shall accommodate the estimated number of Users in
the table above while maintaining required operational performance
levels.
The Proposer shall clearly identify or separate configuration settings
which are specific to an individual environment to simplify the
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
H
H
H
H
H
Page 11 of 16
ATTACHMENT 7
Requirement
ID
FRTM-5
FRTM-6
FRTM-7
FRTM-8
FRTM-9
FRTM-10
FRTM-11
FRTM-12
FRTM-13
FRTM-14
FRTM-15
FRTM-16
FRTM-17
FRTM-18
Requirement Description
management of these configuration settings from environment to
environment (test vs. production for example).
The Proposer shall use configuration variables as placeholders for
configuration settings to support application deployment automation.
The solution shall maintain records as either: active, removed from
view (expunged), archived, or purged (removed from the active
database but available for query and reporting).
The solution shall provide Security, Authentication, and Authorization
capabilities throughout the solution using either Active Directory or
another LDAP system.
The Proposer will provide documentation to support implementing
access controls for the solution that comply with the relevant Federal
and California State Security and Privacy policies.
The solution shall provide the Security, Authentication, and
Authorization capabilities from a management console.
The solution shall provide auditability functions that will comply with
FBI CJIS Security Policy version 5.5 or later
https://www.fbi.gov/about-us/cjis/cjis-security-policy-resourcecenter.
The solution shall remain compliant with the FBI CJIS Security Policy
throughout the performance of this contract by applying changes and
enhancements to the solution.
The Proposer’s Solution shall provide the ability to comply with twofactor authentication.
The number of attempts and the associated time period at which the
restriction shall be triggered is configurable by a solution
administrator.
The account access restriction triggered by repeated unsuccessful
login attempts shall include the ability to lock the login account
against further login attempts for a time period configured by a
solution administrator.
The account access restriction triggered by repeated unsuccessful
login attempts shall include the ability to lock the login account
against further login attempts for a time period established by a
County specified algorithm (i.e. for a random period within a time
range).
The Proposer’s Solution shall provide the ability for a system
administrator to define a session timeout based on security group or
role.
The authentication mechanism that the Proposer’s solution relies
upon shall provide the ability to define password security
requirements by security group or role.
The solution’s authentication environment shall be able to restrict
passwords to be a minimum length specified in County Password
policy and CJIS policy.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
H
H
H
H
H
H
H
H
H
H
H
Page 12 of 16
ATTACHMENT 7
Requirement
ID
FRTM-19
FRTM-20
FRTM-22
FRTM-23
FRTM-24
FRTM-25
FRTM-26
FRTM-27
FRTM-28
FRTM-29
FRTM-30
FRTM-31
FRTM-32
FRTM-33
Requirement Description
The solution shall provide the capability to display to users a County
defined system use notification message or banner before granting
access to the system that provides privacy and security notices
consistent with applicable federal laws, Executive Orders, directives,
policies, regulations, standards, and guidance.
The solution shall provide the capability to notify the user, upon
successful logon / access to the system, of the date and time of the
last logon / access.
The solution shall prevent further access to the system in a user
session by initiating a session lock after a County defined time period
of inactivity or upon receiving session lock request from the user.
The solution shall prevent further access to the system in a locked
user session until the user reactivates access using established
authentication procedures.
The solution shall provide an administrative Application Program
Interface which can be used to terminate a user session from a
County provided mechanism (from a console or automated rule based
event trigger).
The Proposer’s Solution shall provide the ability to comply with
County Policies for End-user authorization including but not limited to
the following: Groups, Locations, Roles, etc.
The Proposer’s Solution shall provide the ability to comply with role
based authorization methods that support the HIPAA Security and
Privacy Rules.
The Proposer’s solution shall provide a mechanism to authenticate
publisher and subscriber systems involved in a data exchange using
multifactor authentication.
The Proposer shall provide a catalog of the account roles that are
provided in the solution for controlling access to database tables and
stored procedures for querying, report execution, update, and
administrative purpose (changing access).
The Proposer’s solution shall provide a mechanism that encrypts and
decrypts according to NIST and FIPS Justice Standards. (FIPS 140-2
and FIPS 197, per CJIS security policy 5.3)
The solution shall provide the capability to terminate the network
connection associated with a communications session after a County
specified time period of inactivity.
The Proposer’s solution shall produce immediate security alert
notifications upon detection of a security policy violation.
The Proposer’s Solution shall have the ability to produce a report
documenting all security related items in the system by selectable
duration (shift, day, month, etc.)
The Proposer’s solution shall support the ability for configuring
solution and its sub-systems for the distribution of security alert
notifications.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
H
D
H
H
H
H
H
H
H
H
H
Page 13 of 16
ATTACHMENT 7
Requirement
ID
FRTM-34
FRTM-35
FRTM-36
FRTM-37
FRTM-38
FRTM-39
FRTM-40
FRTM-41
FRTM-42
FRTT
FRTT-1
FRTT-2
Requirement Description
The solution shall be configurable, based on assigned authentication
levels, by administrative and operations users, upon completion of
training provided by the Proposer’s Professional Services group.
Administrative configuration shall include, but not be limited to:
● Provisioning Accounts (Service and User)
● Defining Roles
● Configuring Logging and Audit controls
● Configuring subsystem integration
● Securing accessibility to subsystems
● Creating service ports
● Provisioning Storage
● Defining service privileges
● Assigning network interfaces to services
Operations configuration shall include, but not be limited to:
● Defining startup and shutdown procedures
● Monitoring services
● Configuring High-Availability Architectures
Database configuration shall include, but not be limited to:
● Establishing and configuring the solution to use databases
supporting:
o Reporting
o Logging
o User Stores
o Security
o Defining Security Roles for databases
The Proposer shall provide application installation procedures for the
solution. These procedures are to be based on a high-availability
architecture.
The Proposer shall specify the architectural design that is to be
employed so that the County can maintain the system with direct
vendor support.
The solution shall provide the ability to generate reports listing the
roles or groups who have been granted access rights to available
functions.
The Proposer’s Solution shall provide the ability for administrative
users to manage the logical data groupings to be automatically
archived and the archival retention duration based on business rules.
The solution shall provide the ability, with authorization, to manually
control and override rules related to archiving specific data items.
Tablet Specifics
Vendor shall provide each inmate a biometric login capability.
Vendor’s intranet system for the Tablets shall allow other content
provided or arranged by County to be available for the inmates at no
cost. This content may include, but is not limited to, educational
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
H
H
H
H
D
H
H
H
Page 14 of 16
ATTACHMENT 7
Requirement
ID
FRTI
FRTI-1
FRTF
FRTF-1
FRTF-2
Requirement Description
materials and content provided free of charge to County and inmate by
other companies or entities, such as books from libraries.
Required at Introduction
Web browsing
• Inmate tablet computers shall not include internet access to
websites other than those individually approved by SO/DOC
authorized staff.
• Vendor will provide explanation on how to manage and control
content from the internet
Required to be free to the inmate
Phone app
The capability to make phone calls through Vendor’s ICS in the same
manner as a landline. The phone calls completed via the Tablets shall
conform to all requirements and mandatory features for the ICS as set
forth in this RFP.
Streaming Services that minimally include music, books, and games:
Configuration to allow inmates the ability to purchase County
approved fee-based services using funds from their inmate account
and/or funds deposited from friends and family.
Importance:
(H) Highly
Desirable or
(D) Desirable
D
H
D
Proposals are required to include a description of services that will be
available, how the purchasing system will work and ALL costs.
Future Functionality
The following list of functionality descriptions is the SO/DOC’s “wish
list” for future capabilities of inmate tablet computers. These
capabilities should be included on the product roadmap and timeline
for the selected inmate tablet product.
FRTF-3
• Medical forms and request submission
• Music; expanded and optional subscription based
• Institutional Certificates of Completion and/or Units
• Remedial Courses (English, Math, Writing)
• Vocational Programs
• Free Content
• Medium Priority
• Post Release Housing and Food Assistance
• Alcoholics Anonymous, Narcotics Anonymous Programs
• Parenting Programs
• Self-Paced Content Consumption
• System Generated Bookmarks
• Low Priority
• Suggestion Box
• Print Media; News, Magazines
• Movies
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
D
Page 15 of 16
ATTACHMENT 7
Requirement
ID
FRTR
FRTR-1
FRTC
FRTC-1
FRTS
FRTS-1
Requirement Description
• Games
• Email
• Job Readiness
• Health & Wellness
• Job /Career Exploration and Requirements
Training
All training shall be provided at no cost to the County for the duration
of the Agreement term.
Maintenance and Repair Costs
The Contractor shall provide 2 full time (40 hours per week) tablet
service technicians, on-site, for the startup period.
24-Hour Support
The Contractor shall provide twenty-four (24) hour, 7-day a week, 365
days a year telephone access, including access to a live operator, to
support resources, with local or toll free number for full maintenance
support, for reporting trouble calls, nonscheduled maintenance and
requests for system administration, for the proposed system. Include
the toll-free number in the proposal.
Request for Proposal RFP-PRO-FY18-0078 Jail Inmate Services Program
Importance:
(H) Highly
Desirable or
(D) Desirable
H
H
H
Page 16 of 16
