792669992Video Conference RFP v1.5

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COUNTY OF SAN MATEO

REQUEST FOR PROPOSALS

For

VIDEO CONFERENCING SOLUTION

RFP # 1190

Proposals must be submitted to:

San Mateo CountyInformation Services DepartmentRobert Heavey, Project Manager

455 County Center, 3rd FloorRedwood City, California 94063

By 4:00 p.m.Monday November 27, 2006

PROPOSALS WILL NOT BE ACCEPTED AFTER THIS DATE AND TIME.


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This Page Intentionally Blank


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REQUEST FOR PROPOSALSFor

VIDEO CONFERENCING SOLUTION

Proposals must be submitted to:

San Mateo CountyInformation Services DepartmentRobert Heavey, Project Manager

455 County Center, 3rd FloorRedwood City, California 94063

By 4:00 p.m.Monday November 27, 2006

PROPOSALS WILL NOT BE ACCEPTED AFTER THIS DATE AND TIME.

This Request for Proposals (RFP) is not a commitment or contract of any kind. The Countyof San Mateo reserves the right to pursue any and/or all ideas generated by this request.Costs for developing the proposals are entirely the responsibility of the applicants and shallnot be reimbursed. The County reserves the right to reject any and all proposals and/orterminate the RFP process if deemed in the best interest of the County. The Countyreserves the right to waive any requirements of this RFP when it determines that waiving arequirement is in the best interest of the County.

Government Code Sections 6550 et. seq., the Public Records Act, defines a public recordas any writing containing information relating to the conduct of the public business. ThePublic Records Act provides that public records shall be disclosed upon written request, andthat any citizen has a right to inspect any public record, unless the document is exemptedfrom disclosure.

The County of San Mateo cannot represent or guarantee that any information submitted inresponse to this RFP will be kept confidential. If the County receives a request for anydocument submitted in response to this request, it will not assert any privileges that mayexist on behalf of the person or business entity submitting the proposal. It is theresponsibility of the person or business entity submitting the proposal to assert anyapplicable privileges or reasons why the document should not be produced.


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Section 1 INTRODUCTION

San Mateo County is one of 58 California counties and one of nine counties in the San

Francisco Bay Area. The County is located on a peninsula that is flanked by the PacificOcean on the west, the San Francisco Bay on the east, the City/County of San Francisco tothe north, and the counties of Santa Clara and Santa Cruz to the south.

San Mateo County has approximately 5,000 FTE positions at more than eighty locationswith an annual budget of approximately $1.2 billion. The primary emphasis is on providinghealth services, human services, criminal justice, and law enforcement services.Additionally, the County provides land use planning and regulation, parks and recreation,public works, libraries, and a wide variety of other services for the residents of the County,including a 510-bed hospital facility.

A five-member elected Board of Supervisors serves as the governing body of the County,establishing policy and exercising legislative authority. A County Manager, appointed by theBoard, serves as the chief executive officer of the County and is generally responsible forthe Countys day-to-day operations.

1.1 Purpose of the Request for Proposal

The County of San Mateos objective is to identify an Information Technology (IT) Company,capable of providing a county wide, enterprise video conferencing solution that will enableCounty departments to more effectively and efficiently conduct County business.Specifically, San Mateo County management would like:

A video conferencing solution that connects the Countys major conference roomsand classrooms (1 per department to start).

The ability to establish virtual conference rooms so that County users mayparticipate from locations throughout the County of San Mateo.

The ability to participate in conferences originating from outside the county via an IPconnection.

This RFP provides an overview of San Mateo Countys proposed requirements, thestructural options the County is considering, and instructions for the preparation of aproposal. Organizations receiving this RFP shall hereinafter be referred to as vendors.

Vendors shall analyze and respond to this RFP as required, providing sufficient data toenable San Mateo County to evaluate the proposals. The vendors should furnish allinformation as requested and complete all forms according to the section instructions. Anydeviations or exceptions to San Mateo Countys requirements are to be clearly noted andexplained. Any vendor who does not completely respond to the RFP as requested may beeliminated from the RFP process at San Mateo Countys sole discretion.


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1.2 Point of Contact

All communication from vendors shall be with the designated point of contact at San MateoCounty. The Countys point of contact information is below:

Name: Robert M. Heavey

Address: 455 County Center, Redwood City, CA 94063 Email: [email protected] Phone: (650) 363-1803

FAX (650) 363-7800

1.3 Contact with County Employees

As of the issuance date of this RFP and continuing until the final date for submission ofproposals, all applicants are specifically directed not to hold meetings, conferences ortechnical discussions with any County Employee (except the Countys point of contact) forpurposes of responding to this RFP. Any applicant found to be acting in any way contrary to

this directive shall be disqualified from entering into any contract that may result from thisRFP.

1.4 Critical Milestones

San Mateo County has projected target dates for key milestones throughout the remainderof the RFP process. Certain dates may be subject to change, where indicated with anasterisk (*):

Activity Target date/Deadline

Submission of response Monday, November 27, 2006

Finalist notification* Friday, December 8, 2006

First round of negotiations* Wednesday, December 13, 2006

Second round of negotiations* Wednesday, January 3, 2007

Approximate date of decision* Tuesday, March 6, 2007

1.4.1 Questions & Answers

Each vendor may submit questions or requests for clarification. Questions should beemailed to the Countys point of contact. Questions must be submitted by Friday, November17, 2006 to ensure that the County can prepare a response in time for the vendor to use theanswer in proposal preparation.

Each vendor has a duty to inquire about and clarify any RFP data or question that thevendor does not fully understand or believes may be interpreted in more than one way. SanMateo County shall have no obligation to correct, nor bear any responsibility for errors


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(whether by commission or omission), ambiguity, or inconsistency in this RFP. If any vendoris aware of or believes that the RFP contains an error, it is the vendors responsibility toimmediately notify San Mateo County.

Every attempt will be made to answer all inquiries from vendors in writing. However, SanMateo County is not required to answer all questions. Responses to factual inquiries will beissued to all vendors to ensure consistent interpretation. All responses will be in writing and

forwarded to each vendor. Only written communication from San Mateo County may beconsidered authoritative. No vendor may consider any verbal response an officialexpression of San Mateo County.

1.4.2 Submission of Proposals

Proposals are due by 4 P.M. Monday November 27, 2006. Proposals that are submittedafter will not be accepted.

1.4.3 Proposal Structure

To be considered responsive to the RFP, the vendors shall submit proposals in the followingformat, ensuring that all questions outlined in this RFP are answered:

I. IntroductionII. SpecificationsIII. Service level commitmentsIV. Vendor questionsV. PricingVI. Required attachments

The responses for Sections 1 though 4 should follow the same sequential order andnumbering scheme as the RFP. A proposal may be rejected if conditional or incomplete, inthe judgment of San Mateo County, or if it contains any alteration of form or otherirregularities of any kind.

1.4.4 Delivery Instructions

Vendors shall respond to the RFP by sending:

Five (5) proposal copies to San Mateo Countys point of contact, clearlymarked as RFP # 1190. Each copy of the proposal is to be submitted in astandard three ring binder. Additionally, send one unbound single-sided copysuitable for photocopying, and email an electronic copy in Microsoft Wordformat.

1.4.5 Execution of Proposals

Each proposal shall be signed by an officer or director of the Vendor, who is a dulyauthorized representative of the vendor. Incomplete or improperly executed proposals maybe rejected. A Certification of Proposal form for this purpose is included as Attachment 2.

1.4.6 Contact Person(s) Sheet


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The proposal must provide the information requested in Attachment 3 regarding individualswithin the vendors organization responsible for the contents of the response. If more thanone person is identified, the County will assume that contacting any one of these individualswill be sufficient for correspondence relating to this RFP.

1.4.7 Proposal Presentation

Vendors may be asked to conduct an on-site presentation of their proposal to the selectionteam and other parties as deemed appropriate by San Mateo County. These presentationswill occur during the first round of negotiations.

1.5 Administrative and Legal Considerations

Applicants must comply with the following San Mateo County ordinances:

1.5.1 Nondiscrimination:

No person shall, on the grounds of race, color, creed, national origin, religious affiliation or

non-affiliation, sex, sexual orientation, marital status, age (over forty), disability, medicalcondition (including but not limited to AIDS, HIV positive diagnosis, or cancer), politicalaffiliation or union membership be excluded from participation in, be denied the benefits of,or be subjected to discrimination under this contract.

1.5.2 Equal Benefits for Domestic Partners:

Vendor shall insure equal employment opportunity based on objective standards ofrecruitment, selection, promotion, classification, compensation, performance evaluations,and management relations, for all employees under this contract. Vendor's personnelpolicies shall be made available to County upon request.

All vendors with contracts over $5,000 must comply with the County Ordinance code withrespect to the provision of employee benefits. As set forth in the ordinance, such vendorsare prohibited from discriminating in the provision of employee benefits between anemployee with a domestic partner and an employee with a spouse. A copy of theordinance, a Quick Reference Guide and an Equal Benefits Compliance/Declaration Formare included in this RFP packet. A completed compliance/declaration form shall be returnedwith vendors RFP responses.

1.5.3 Vendor Employee Jury Service Ordinance:

Vendor shall comply with the County Ordinance with respect to provision of jury duty pay toemployees and have and adhere to a written policy that provides that its employees shallreceive from the vendor, on an annual basis, no less than five days of regular pay for actual

jury service in San Mateo County. The policy may provide that employees deposit any feesreceived for such jury service with the vendor or that the vendor deducts from theemployees regular pay the fees received for jury service.

1.5.4 Contractual Commitment of Proposals


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The contents of any submitted proposals, and any subsequent material submitted inresponse to requests or additional information, will be considered offers to contract fromeach vendor unless otherwise agreed by San Mateo County.

Vendor Proposals shall be fully responsive to the documentation, descriptions andspecifications contained in this RFP and its attachments. San Mateo County reserves theright to reject any or all proposals, or portions of any proposal, waive any informality or

irregularity in any proposal received, and to award the contract for reasons other than thelowest price. San Mateo County also reserves the right to alter this RFP or the terms andconditions and attachments at any time prior to the execution of the contract by San MateoCounty and the successful vendor(s).

This RFP does not constitute an offer by San Mateo County to contract, but ratherrepresents a definition of specific requirements and an invitation to vendors to submit aproposal addressing those requirements. Issuance of this RFP, the vendors preparationand submission of a proposal, and the subsequent receipt and evaluation of the proposal bySan Mateo County does not commit San Mateo County to award a contract to any vendor.Only the execution of a contract(s) will obligate San Mateo County in accordance with theterms and conditions contained in such a contract(s). By submitting a proposal, the vendoris expressly agreeing that the proposal will be deemed a firm offer which is open to SanMateo Countys acceptance or rejection for a period of 90 days from the due date of theproposals as noted above.

San Mateo County reserves the right to enter into discussions and /or negotiations withmore than one qualified vendor at the same time, should such action be deemed to be inthe best interest of San Mateo County. The County may contract with one or more vendors,with no vendors, or with any party (parties) who did not propose, should it determine thatsuch actions are in its best interests.

The Countys standard contract is attached hereto as Attachment 1. Vendors must advisethe County in their proposals of any objections to any terms in the Countys contract. If noobjections are stated, County will assume the applicant is prepared to sign the Countycontract as is. If a satisfactory contract cannot be negotiated, the County may, in its solediscretion, begin contract negotiations with one or more than one of the remainingapplicants.

1.5.5 Costs Incurred By Vendors

Each vendor, by submitting a proposal, agrees that any cost incurred by the vendorassociated with the preparation, delivery and presentation of the proposal including but notlimited to any required presentations or demonstrations, is to be borne by the vendor andmay not be billed to the County of San Mateo. San Mateo County shall incur no obligationsor liability whatsoever to anyone by reason of the issuance of this RFP or by the actions ofanyone relative thereto.

1.5.6 Unsuccessful Proposals


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San Mateo County will notify all unsuccessful vendors by letter as soon as possible. TheCounty will not inform the unsuccessful vendors as to why they were not awarded thecontract. San Mateo County is under no obligation to provide any explanation as to why avendor was or was not successful.

1.5.7 Disposition of Proposals

All materials submitted in response to this RFP, unless otherwise noted, shall become theproperty of San Mateo County and may be returned only at the option of the County and atthe expense of the vendor.

1.5.8 Terms and Conditions

All vendor conditions and contractual terms set forth herein are considered to be bindingupon the vendor. All Terms and Conditions set forth in this RFP and its Attachments aremandatory proposal requirements. Any vendor who does not completely respond asrequested may be eliminated from the RFP process at San Mateo Countys sole discretion.

1.6 Evaluation Process

The purpose of the evaluation process will be to provide San Mateo County with a finalrecommendation after having conducted an objective review, analysis and evaluation of allthe proposals.

The evaluation will place considerable importance on each vendors overall ability tominimize San Mateo Countys costs while addressing the needs stated in the body of thisRFP and its attachments. Price alone will not determine the awarding of the contract. It isessential that vendors understand that the County uses a variety of criteria to assessproposals and rate/rank vendors.


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Section 2 Specifications

2.1 General Scope of Work

Each vendor shall define the services to be offered, how these services would be used tothe County of San Mateos advantage, and how the vendor will be available to ensure thatthe video conferencing solution provided to the County is a professional high quality solutionthat works within the Countys existing voice and data network infrastructure.

2.1.1 Provide a video conferencing solution that connects the Countys major conferencerooms (22) and classrooms (3) and is scalable enough to grow as large as the Countyneeds.

2.1.2 Provide the ability to establish virtual conference rooms so that County users may

participate from locations throughout the County. Define the capabilities of the system beingproposed. Define rooms, chairs, bandwidth capacities, etc.

2.1.3 Provide the ability to participate in conferences originating from outside the county viaan IP or ISDN gateway connection. Define capacity.

2.1.4 Provide a software solution that carries video / voice and provides white boardsharing tools. Define the requirements for utilizing the tools.

2.1.5 Provide County Information Services Department (ISD) with a Schedule 1 identifying

the infrastructure requirements to host the system and County departments withstandardized Schedule 1 identifying front end equipment they need to purchase for theirconference room.

2.1.6 Provide the ability to have multiple-concurrent video connections established. Definethe capabilities of the proposed system both in the number of internal and externalconcurrent conferences. Discuss the scalability of the system and what requirements areneeded for growth both in additional infrastructure and bandwidth.

2.1.7 Provide a training plan for use of the video conferencing solution. This can rangefrom a training document to 1:1 training.


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2.2 General Specifications

2.2.1.1 Vendor responsibility

Vendor must assume responsibility for the following:

a. Project implementation of new video conferencing software/hardware andmanagement services solution.

b. Training San Mateo County on new product(s).

c. Managing implementation of new product.

d. Integration of unique hardware or software.

e. Development or customization of the application.

f. Acceptance testing.

g. Project staffing.

2.2.1.2 Graphical User Interface

a. The video conferencing system shall have a user-friendly graphical interface.

b. The graphical user interface shall be customizable.

2.2.1.3 Capability/Functionality

a. The video conferencing system shall deliver superior audio quality to the entireconference room environment.

b. The video conferencing system shall deliver superior image quality to the entireconference room environment.

c. The video conferencing system shall have the ability to schedule and inviteparticipants to a video conferencing session.

d. The video conferencing system shall have a management utility capable of centrallymanaging a video conference session as well as the entire video conferencingsystem.

e. The video conferencing system shall have an embedded multipoint conference unit.


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f. The video conferencing system shall support a minimum of four (4) simultaneous endpoints to a single video conferencing session. These end points can be local (on theLAN) or from remote location (s).

g. The system shall provide the functionality of allowing a person to dial into a videoconferencing session from an ordinary telephone (land line).

h. The video conferencing system shall have the ability to support calls made from anordinary telephone system (PSTN), ISDN, SIP on demand and scheduledconferences on the same video conference call simultaneously.

i. The video conferencing system shall have real time content sharing capabilities.

j. The system shall provide sufficient room for future growth and development similar orupdated versions.

k. The System shall be able to connect to both IP and Integrated Services DigitalNetwork (ISDN) networks (legacy networks) and provide high picture quality atspeeds of up to 2 Mb/s.

l. The system shall display properties of modularity. If part(s) of the system becomeunavailable, the system shall be able to continue to operate at an acceptablestandard.

m. The video conferencing system shall support adjustable bandwidth for content.

n. The system shall be able to operate with other desktop, software and hardwarebased video conferencing technologies for other vendors.

o. The system shall be able to become a part of or be made a part of an existing systemeasily.

p. All functions shall be operational during any condition unless specifications dictateotherwise.

q. The system shall utilize the latest encryption standards and other data securityservices to ensure that communications and system resources are kept secure andconfidential.

2.2.1.4 Audio Requirements

a. The video conferencing system shall support a wide range of the latest audio industrystandards and digital formats.

b. The video conferencing system shall have audio components capable of providingcompact disc (CD) type quality audio to the entire conference room environment.

c. The system should be able to decipher multiple, simultaneous conversations and beable to distinguish which side of the room people are talking from.


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d. The video conferencing system shall provide audio error concealment facilities(reduce audio drop on busy IP or ISDN networks).

e. The video conferencing system shall have the ability to correct audio from thecommunications system easily.

f. The video conferencing system shall have built in echo cancellation and other noise

suppression functionality.

g. The system shall support a minimum of 10 KHz. of conversational stereo audio.

h. The system shall have 360 audio pickup capacities sensitive enough to pickupwhispers, smart enough to eliminate noise.

2.2.1.5 Video Requirements

a. The video conferencing system shall support a wide range of the latest video industry

standards and digital formats.

b. The video conferencing system shall capture and display video at a minimum of thirty(30) frames per second (fps).

c. The video conferencing system shall support G.711, G.722 and G.728 coding.

d. The video conferencing system shall have the ability to intelligently select the framerate for best performance video.

e. The video conferencing system shall support a wide range of the latest video formats

and industry standards.

f. The system shall support but not be limited to the following formats and standards:

1. H.261, H262, H263+, H.263++, H264 video standards2. MPEG, MPEG2 and MPEG4 video formats3. CIF, SIF, 4CIF, VGA, SVGA, XGA display resolution

g. The video conferencing system shall support video error concealment facilities(reduce video drop on busy IP or ISDN networks).

h. The video error concealment facilities shall have the ability to correct video from thecommunication system easily.

i. The system shall support automatic gain control.

2.2.1.6 Supported Interfaces

a. The video conferencing system shall support a wide range of the latest standardinterfaces for outputting digital / analog audio and video to external equipment.


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b. The system shall provide a wide variety of standard network interfaces to facilitateconnectivity to various types of networks.

c. The video conferencing system shall support a wide range of the latest interfaces foraccepting digital / analog audio and video input from external sources.

2.2.1.7 Content Sharing

a. The system shall be able to show /share content from a PC / laptop.

b. The video conferencing system shall be able to allow laptop / PC IP network toactively participate in a conferencing session.

c. The video conferencing system shall have the ability to share presentation data fromapplications such as but not limited to Microsoft PowerPoint, Excel, Word anddrawings on digital whiteboard in real time to local and remote site(s).

2.2.1.8 Supported Network Interfaces and Protocols

a. The system shall support a wide variety of standard network interfaces to facilitateconnectivity to various types of networks.

b. The system shall support but shall not be limited to the following networkingprotocols:

TELNET, HTTP, FTP, PING, DNS (Client), DHCP (Client), RTCP, SIP, RTP,TCP, H.323 (LAN), H.320 (ISDN), H.323/H.320 Mixed, ARP.


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Section 3 Service Level Commitments

The vendor should describe the proposed performance measurement environment for eachservice provided:

3.1 Define the performance measures the vendor is willing to be monitored against.

3.2 Detail specific service levels against each performance measure.

3.3 Describe the proposed methodology for measuring performance against theseservice levels.

3.4 Outline the proposed risk sharing structure associated with exceeding or failing tomeet the targeted service levels.

3.5 How do you propose to measure customer satisfaction?

3.6 Provide a sample service-level agreement.


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Section 4 Vendor Questions

4.1 Questions

4.1.1 How does your firm ensure that innovative ideas are provided on an ongoing basis?

4.1.2 Outline specific value added elements that your firm brings that may reduce the totalcost of this contract to San Mateo County.

4.1.3 Outline ideas that may reduce the total cost of this contract to San Mateo County.

4.1.4 How do you propose to address pricing for upgrades and requirements that are

introduced during the term of this contract?

4.1.5 How do you propose to address costs associated with changes in system parametersbrought about by new technology?

4.2 Corporate Profile

4.2.1 Provide an overview and history of your company.

4.3 Relevant Experience and Technological Expertise

4.3.1 Provide contact information for two references with which you have done businesswith over the last year.

4.3.2 Outline experience you have had working with county government agencies.

4.3.3 Describe the scalability of your solution.

4.3.4 When was the solution deployed and how many customers are currently using it?


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4.4 Quality, Implementation and Transition

4.4.1 Please describe your implementation process for installation, training and follow-up.

4.4.2 Describe your customer support services.

4.4.3 Do you plan to use subcontractors for portions of this contract? If so, please list thecompany names and the services they will provide for this contract, and explain indetail how you will ensure that they meet all performance criteria established for thiscontract.

4.4.4 Briefly, outline your change management procedures.

4.4.5 What are your standard problem resolution timeframes?

4.4.6 Outline your process and responsibilities in working with other San Mateo Countygroups (IT, accounting, and external vendors) during the project implementationperiod and contract?


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Section 5 Pricing

5.1 Vendor shall detail all costs associated with the proposed solution described. It isextremely important that all costs, recurring and non-recurring, be presented in a

manner that allows costs to be easily understood.

5.2 Please submit your pricing response in either a Word document or Excel spreadsheetand include with your RFP response to the San Mateo County contact person.


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Section 6 Required Attachments

I. Standard San Mateo County Agreement

II. Certification Of Proposal Form

III. Vendor Contact Information Form


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Attachment I: Standard San Mateo County Agreement

AGREEMENTBETWEEN THE COUNTY OF SAN MATEO ANDVENDOR NAME

THIS AGREEMENT, entered into this ??? day of Month, Year, by and between the

COUNTY OF SAN MATEO, hereinafter called "County," and VENDOR NAME (CAPS),

hereinafter called "Contractor";

W I T N E S S E T H:

WHEREAS, pursuant to Government Code Section 31000, County may contract with

independent contractors for the furnishing of such services to or for County or any

Department thereof; and

WHEREAS, it is necessary and desirable that Contractor be retained for the purpose

of providing (contract description- services);

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO ASFOLLOWS:

1. Exhibits.

The following exhibits are attached hereto and incorporated by reference herein:

Exhibit AServicesExhibit BPayments and ratesAttachment I504 Compliance

2. Services to be performed by Contractor.

In consideration of the payments set forth herein and in Exhibit B, Contractor shallperform services for County in accordance with the terms, conditions, andspecifications set forth herein and in Exhibit A.

3. Payments.In consideration of the services provided by Contractor in accordance with all terms,conditions, and specifications set forth herein and in Exhibit "A," County shall make

payment to Contractor based on the rates and in the manner specified in Exhibit "B.The County reserves the right to withhold payment if the County determines that thequantity or quality of the work performed is unacceptable. In no event shall theCountys total fiscal obligation under this Agreement exceedDOLLARS CAPS [$].

4. Term and Termination.Subject to compliance with all terms and conditions, the term of this Agreement shallbe from DATE, YEAR through DATE, YEAR.


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This Agreement may be terminated by Contractor or by the Chief Information Officer ofSan Mateo County, or his/her designee, at any time without a requirement of goodcause upon thirty (30) days written notice to the other party.

In the event of termination, all finished or unfinished documents, data, studies, maps,photographs, reports, and materials (hereafter referred to as materials) prepared byContractor under this Agreement shall become the property of the County and shall bepromptly delivered to the County. Upon termination, the Contractor may make and

retain a copy of such materials. Subject to availability of funding, Contractor shall beentitled to receive payment for work/services provided prior to termination of theAgreement. Such payment shall be a portion of the full payment which is determinedby comparing the work/services completed to the work/services required by thisAgreement.

5. Availability of Funds.

The County may terminate this Agreement or a portion of the services referenced inthe Attachments and Exhibits based upon unavailability of Federal, State, or Countyfunds, by providing written notice to Contractor as soon as is reasonably possible afterthe County learns of said unavailability of outside funding.

6. Relationship of Parties.

Contractor agrees and understands that the work/services performed under thisAgreement are performed as an independent contractor and not as an employee of theCounty and that Contractor acquires none of the rights, privileges, powers, oradvantages of County employees.

7. Hold Harmless.

Contractor shall indemnify and save harmless County, its officers, agents, employees,and servants from all claims, suits, or actions of every name, kind, and description,brought for, or on account of: (A) injuries to or death of any person, includingContractor, or (B) damage to any property of any kind whatsoever and towhomsoever belonging, (C) any sanctions, penalties, or claims of damages resultingfrom Contractors failure to comply with the requirements set forth in the HealthInsurance Portability and Accountability Act of 1996 (HIPAA) and all Federalregulations promulgated thereunder, as amended, or (D) any other loss or cost,including but not limited to, that caused by the concurrent active or passivenegligence of County, its officers, agents, employees, or servants, resulting from theperformance of any work required of Contractor or payments made pursuant to thisAgreement, provided that this shall not apply to injuries or damage for which Countyhas been found in a court of competent jurisdiction to be solely liable by reason of itsown negligence or willful misconduct.

The duty of Contractor to indemnify and save harmless as set forth herein shall includethe duty to defend as set forth in Section 2778 of the California Civil Code.

8. Assignability and Subcontracting.


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Contractor shall not assign this Agreement or any portion thereof to a third party orsubcontract with a third party to provide services required by Contractor under thisAgreement without the prior written consent of County. Any such assignment orsubcontract without the Countys prior written consent shall give County the right toautomatically and immediately terminate this Agreement.

9. Insurance.The Contractor shall not commence work or be required to commence work under thisAgreement unless and until all insurance required under this paragraph has beenobtained and such insurance has been approved by Countys Risk Manager, andContractor shall use diligence to obtain such insurance and to obtain such approval.The Contractor shall furnish the Information Services Department with certificates ofinsurance evidencing the required coverage, and there shall be a specific contractualliability endorsement extending the Contractor's coverage to include the contractualliability assumed by the Contractor pursuant to this Agreement. These certificates shallspecify or be endorsed to provide that thirty (30) days' notice must be given, in writing,to the Chief Information Officer of any pending change in the limits of liability or of anycancellation or modification of the policy.

A. Worker's Compensation and Employer's Liability Insurance. The Contractorshall have in effect, during the entire life of this Agreement Workers'Compensation and Employer's Liability Insurance providing full statutorycoverage. In signing this Agreement, the Contractor certifies, as required bySection 1861 of the California Labor Code, that it is aware of the provisions ofSection 3700 of the California Labor Code which requires every employer to beinsured against liability for Worker's Compensation or to undertake self-insurancein accordance with the provisions of the Code, and Contractor will comply withsuch provisions before commencing the performance of the work of thisAgreement.

B. Liability Insurance. The Contractor shall take out and maintain, during the life ofthis Agreement, such Bodily Injury Liability and Property Damage LiabilityInsurance as shall protect Contractor while performing work covered by thisAgreement from any and all claims for damages for bodily injury, includingaccidental death, as well as any and all claims for property damage which mayarise from Contractors operations under this Agreement, whether suchoperations be by Contractor or by any sub-contractor or by anyone directly orindirectly employed by either of them. Such insurance shall be combined singlelimit bodily injury and property damage for each occurrence and shall be not lessthan the amount specified below.

Such insurance shall include:

1) Comprehensive General Liability $1,000,0002) Motor Vehicle Liability Insurance $1,000,0003) Professional Liability $1,000,000


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County and its officers, agents, employees, and servants shall be named asadditional insured on any such policies of insurance, which shall also contain aprovision that the insurance afforded thereby to the County, its officers, agents,employees, and servants shall be primary insurance to the full limits of liability ofthe policy, and that if the County or its officers and employees have otherinsurance against the loss covered by such a policy, such other insurance shallbe excess insurance only.

In the event of the breach of any provision of this section, or in the event anynotice is received which indicates any required insurance coverage will bediminished or canceled, the County of San Mateo, at its option may,notwithstanding any other provision of this Agreement to the contrary,immediately declare a material breach of this Agreement and suspend all furtherwork pursuant to this Agreement.

10. Compliance with Laws; Payment of Permits/Licenses.All services to be performed by Contractor pursuant to this Agreement shall beperformed in accordance with all applicable Federal, State, County, and municipallaws, ordinances, and regulations, including, but not limited to, Health Insurance

Portability and Accountability Act of 1996 (HIPAA) and all Federal regulationspromulgated thereunder, as amended, and the Americans with Disabilities Act of 1990,as amended, and Section 504 of the Rehabilitation Act of 1973, as amended andincorporated by reference herein as Attachment I, which prohibits discrimination onthe basis of handicap in programs and activities receiving any Federal or Countyfinancial assistance. Such services shall also be performed in accordance with allapplicable ordinances and regulations, including, but not limited to, appropriatelicensure, certification regulations, provisions pertaining to confidentiality of records,and applicable quality assurance regulations.In the event of a conflict between the terms of this Agreement and State, Federal,County, or municipal law or regulations, the requirements of the applicable law will take

precedence over the requirements set forth in this Agreement.Contractor will timely and accurately complete, sign, and submit all necessarydocumentation of compliance.

11. Non-Discrimination.

A. Section 504 applies only to Contractors who are providing services to members ofthe public. Contractor shall comply with 504 of the Rehabilitation Act of 1973,which provides that no otherwise qualified handicapped individual shall, solely byreason of a disability, be excluded from the participation in, be denied the benefitsof, or be subjected to discrimination in the performance of this Agreement.

B. General non-discrimination. No person shall, on the grounds of race, color,religion, ancestry, gender, age (over 40), national origin, medical condition(cancer), physical or mental disability, sexual orientation, pregnancy, childbirth orrelated medical condition, marital status, or political affiliation be denied anybenefits or be subjected to discrimination under this Agreement.


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C. Equal employment opportunity. Contractor shall ensure equal employmentopportunity based on objective standards of recruitment, classification, selection,promotion, compensation, performance evaluation, and management relations forall employees under this Agreement. Contractors equal employment policiesshall be made available to County of San Mateo upon request.

D. Violation of non-discrimination provisions. Violation of the non-discriminationprovisions of this Agreement shall be considered a breach of this Agreement andsubject the Contractor to penalties, to be determined by the County Manager,including but not limited to:

1) termination of this Agreement;

2) disqualification of the Contractor from bidding on or being awarded aCounty contract for a period of up to 3 years;

3) liquidated damages of $2,500 per violation;

4) imposition of other appropriate contractual and civil remedies andsanctions, as determined by the County Manager.

To effectuate the provisions of this section, the County Manager shall have theauthority to examine Contractors employment records with respect to compliancewith this paragraph and/or to set off all or any portion of the amount described inthis paragraph against amounts due to Contractor under this Agreement or anyother Contract between Contractor and County.

Contractor shall report to the County Manager the filing by any person in anycourt of any complaint of discrimination or the filing by any person of any and allcharges with the Equal Employment Opportunity Commission, the FairEmployment and Housing Commission, or any other entity charged with theinvestigation of allegations within 30 days of such filing, provided that within such

30 days such entity has not notified Contractor that such charges are dismissedor otherwise unfounded. Such notification shall include the name of thecomplainant, a copy of such complaint, and a description of the circumstance.Contractor shall provide County with a copy of their response to the Complaintwhen filed.

E. Compliance with Equal Benefits Ordinance. With respect to the provision ofemployee benefits, Contractor shall comply with the County Ordinance whichprohibits contractors from discriminating in the provision of employee benefitsbetween an employee with a domestic partner and an employee with a spouse.

F. The Contractor shall comply fully with the non-discrimination requirementsrequired by 41 CFR 60-741.5(a), which is incorporated as if fully set forth herein.

G. Compliance with Contractor Employee Jury Service OrdinanceContractor shall comply with the County Ordinance with respect to provision of

jury duty pay to employees and have and adhere to a written policy that providesthat its employees shall receive from the contractor, on an annual basis, no lessthan five days of regular pay for actual jury service in San Mateo County. Thepolicy may provide that employees deposit any fees received for such jury servicewith the contractor or that the contractor deduct from the employees regular pay


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the fees received for jury service.

12. Retention of Records, Right to Monitor and Audit.(a) Contractor shall maintain all required records for three (3) years after the Countymakes final payment and all other pending matters are closed, and shall be subject tothe examination and/or audit of the County, a Federal grantor agency, and the State ofCalifornia.

(b) Reporting and Record Keeping: Contractor shall comply with all program and fiscalreporting requirements set forth by appropriate Federal, State and local agencies, andas required by the County.

(c) Contractor agrees to provide to County, to any Federal or State department havingmonitoring or review authority, to County's authorized representatives, and/or theirappropriate audit agencies upon reasonable notice, access to and the right toexamine all records and documents necessary to determine compliance with relevantFederal, State, and local statutes, rules and regulations, and this Agreement, and toevaluate the quality, appropriateness, and timeliness of services performed.

3

13. Merger Clause.This Agreement, including the Exhibits and Attachments attached hereto andincorporated herein by reference, constitutes the sole Agreement of the parties heretoand correctly states the rights, duties, and obligations of each party as of thisAgreement's date. Any prior agreement, promises, negotiations, or representationsbetween the parties not expressly stated in this document are not binding. Allsubsequent modifications shall be in writing and signed by the parties. In the event ofa conflict between the terms, conditions, or specifications set forth herein and those inExhibits "A" and B attached hereto, the terms, conditions, or specifications set forthherein shall prevail.

14. Controlling Law.The validity of this Agreement and of its terms and provisions, as well as the rights andduties of the parties hereunder, the interpretation, and performance of this Agreementshall be governed by the laws of the State of California.

15. Notices.


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Any notice, request, demand, or other communication required or permitted hereundershall be deemed to be properly given when deposited in the United State mail, postageprepaid, or when deposited with a public telegraph company for transmittal, chargesprepaid, addressed to:

In the case of County, to:San Mateo CountyInformation Services DepartmentChris Flatmoe, CIO/Director455 County Center, Third FloorRedwood City, CA 94063

In the case of Contractor, to:

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, haveaffixed their hands.

COUNTY OF SAN MATEOA Political Subdivision of theState of California

By:President, Board of Supervisors, San MateoCounty

Date:

ATTEST:

By:

Clerk of Said Board

VENDOR NAME

By:

(Printed Name)

Date:


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EXHIBIT A - SERVICES

AGREEMENT BETWEEN COUNTY OF SAN MATEO

AND VENDOR NAME

In consideration of the payments set forth in Exhibit B, Contractor shall provide the followingservices:

1. SCOPE OF WORK

----

--

--


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EXHIBIT B PAYMENTS AND RATES

AGREEMENT BETWEEN COUNTY OF SAN MATEOAND VENDOR NAME

In consideration of the services provided by Contractor in Exhibit A, County shall payContractor based on the following fee schedule:

1. SCHEDULE OF CHARGES.


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Attachment II: Certification of Proposal Form

The undersigned, on behalf of the company named below, hereby represents andcertifies to San Mateo County to the best of their knowledge that:

The information contained in the enclosed response is accurate and truthful.

Compliance with all applicable laws, regulations, or ordinances of applicable federal,state, and other governmental or regulatory agencies is continually maintained by thecompany.

Unless fully disclosed in the response, the information submitted was not prepared inconjunction or cooperation with any other company or individual.

Submitted By (Company):Street Address:City / State / ZIP Code:Signature:

Printed Name:Officer Title:Phone Number:FAX Number:Date:


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Attachment III: Vendor Contact Information Form

Submitted by (Company):Company address: ______________________________________________________________

RFP Contact Person(s):

1. Primary

Name: ______________________________________________________________________

Title: ______________________________________________________________________

Address: ____________________________________________________________________

Telephone: __________________________________________________________________Fax number:_________________________________________________________________

Email address: _______________________________________________________________

Area of expertise: _____________________________________________________________

2. Secondary

Name: _____________________________________________________________________

Title:_______________________________________________________________________

Address: ___________________________________________________________________

Telephone: _________________________________________________________________

Fax number: ________________________________________________________________

Email address: _______________________________________________________________

Area of expertise: ____________________________________________________________

3. Tertiary

Name: ______________________________________________________________________

Title: _______________________________________________________________________

Address: ____________________________________________________________________

Telephone: __________________________________________________________________

Fax number:_________________________________________________________________

Email address: ______________________________________________________________

Date post:	07-Apr-2018
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