The URL can be used to link to this page

Home My WebLink AboutAgreement A-17-040 with Vision Technology Solutions LLC.pdf Agreement No. 17-040 1 2 AGREEMENT 3 THIS AGREEMENT is made and entered into this 7th day of February 2017, by and 4 between the COUNTY OF FRESNO, a political subdivision of the State of California, 5 hereinafter referred to as "COUNTY," "Client" or "Subscriber" and Vision Technology Solutions, 6 LLC, 222 N. Sepulveda Blvd., Suite 1500, El Segundo, CA 90245, hereinafter referred to as 7 "CONTRACTOR" or "Vision". 8 9 RECITALS 10 WHEREAS, COUNTY desires to purchase professional services for web site design, content 11 migration, and software license, installation, training, and software maintenance of a Web 12 Content Management System from CONTRACTOR; as set forth in the COUNTY's Request for 13 Proposal (RFP) 208-5465 dated April 25t", 2016 and all Addendums thereto (collectively, the 14 "RFP"); and 15 WHEREAS, CONTRACTOR represented, via its Response to COUNTY's RFP No 208-5465, 16 dated May 12t", 2016 (the "Response"), that CONTRACTOR's Vision Content Management 17 System (VCMS) and related professional services will meet the stated needs of the COUNTY; 18 and 19 WHEREAS, COUNTY desires CONTRACTOR to provide Software Hosting Services on a 20 hosted system via Secure Socket Layer (SSL) and; 21 WHEREAS, COUNTY also desires to purchase from CONTRACTOR continuous maintenance 22 and support for Vision Content Management System (VCMS); and 23 WHEREAS, COUNTY and CONTRACTOR desire to execute this Agreement for the 24 subscription-based right to use the VCMS software, and maintenance and support of the VCMS 25 software. 26 NOW, THEREFORE, the parties agree as follows: 27 28 WITNESSETH 1 1 I. DOCUMENTS CONSTITUTING AGREEMENT 2 This Agreement includes the RFP and the Response, both of which are attached hereto 3 respectively as Exhibits A and B, and incorporated herein by reference. 4 II. DEFINITIONS 5 The following terms used throughout this Agreement are defined as follows: 6 Acceptance Test: 7 The process of testing a specific function or functions to determine if the operation or 8 operations are as stated in this Agreement. 9 Application: 10 A computer program designed to perform a group of coordinated functions, tasks, or 11 activities for the benefit of the user. 12 Change Control Process: 13 Process used by the Information Services Division of COUNTY's Internal Services 14 Department (ISD) to inform staff of new or updated production use systems. 15 Completion: 16 Transfer of the website to the production server with a public Internet Protocol address. 17 County System Hardware: 18 The central processing units owned or leased by COUNTY which are described in this 19 Agreement on which COUNTY is licensed to use the System Software, any back-up 20 equipment for such central processing units, and any peripheral hardware such as 21 terminals, printers, and personal computers as described in this Agreement. 22 Final System Acceptance: 23 When it is determined by COUNTY that all necessary deliverables have been delivered, 24 the data has been converted, the base VCMS has been successfully installed and tested, 25 and the VCMS performs all functions in accordance with its specifications. 26 First Production Use: 27 Date of first use of the System in a production environment. 28 2 1 ISD: 2 Information Services Division of COUNTY's Internal Services Department. 3 License: 4 The meaning assigned to the term "License" as defined in Section II-A of this Agreement 5 and the rights and obligations it creates under the laws of the United States of America 6 and the State of California including without limitation, copyright and intellectual property 7 law. 8 Monies: 9 The terms "Monies", "Charges", "Price", and "Fees" are considered to be equivalent. 10 System: 11 The System Software and System Documentation, collectively. Reference to the 12 "System" shall include any component thereof. All modifications and enhancements to 13 the System shall be deemed to be part of the System as defined herein and shall be 14 subject to all terms and conditions set forth herein. The System consists of the VCMS 15 which supports various Fresno County Department of Internal Services, and all 16 interfaces. 17 System Documentation: 18 The documentation relating to the System Software, and all manuals, reports, brochures, 19 sample runs, specifications and other materials comprising such documentation provided 20 by CONTRACTOR in connection with the System Software pursuant to this Agreement. 21 System Software: 22 Vision Content Management System, also known as the Vision Internet Content 23 Management System, VCMT, VCMS and the Vision Content Management Tool, 24 collectively, the WCMS"), that certain computer software described in this Agreement 25 provided by CONTRACTOR, and all interfaces, coding, tapes, disks, modules and 26 similar materials comprising such software or on which it is stored. System Software 27 shall not include operating system software, or any other Third-Party Software. 28 3 1 User: 2 The terms "User", "Customer" and "Licensee" all refer to COUNTY and are considered 3 to be equivalent throughout this Agreement. 4 Warranted Problem(s): 5 Errors or bugs on the System Software that prevent the code from performing as originally 6 intended. 7 III. OBLIGATIONS OF THE CONTRACTOR 8 A) OWNERSHIP AND LIMITED LICENSING OF INTELLECTUAL 9 PROPERTY FOR CONTRACTOR DESIGNS. 10 Upon payment in full of the one-time fees provided under Section VII- 11 B., CONTRACTOR will grant a non-exclusive, non-transferrable, and 12 perpetual license for COUNTY to reproduce, modify or create derivative 13 works for its own use, public display, and use any and all of 14 CONTRACTOR's copyrights in the homepage layout wireframe, sitemap, 15 draft homepage design concept(s) interior page layouts (collectively, the 16 "CONTRACTOR Designs") embodied in COUNTY's website and intranet, 17 which are prepared or caused to be prepared by Contractor under this 18 Agreement. The CONTRACTOR Designs provided under this Agreement 19 are licensed and not sold. COUNTY understands and agrees that the 20 CONTRACTOR Designs as a whole are an original work of authorship by 21 CONTRACTOR and that CONTRACTOR shall retain all rights, title, and 22 interests therein. CONTRACTOR retains its right to use any web pages 23 developed for the COUNTY in any of its own promotional materials as 24 examples of its work. 25 B) SYSTEM SOFTWARE SUBSCRIPTION-BASED LICENSE 26 CONTRACTOR also grants a limited, non-exclusive, and non- 27 transferrable license for COUNTY to use two instances of the Vision 28 4 1 Content Management SystemTM, and Dynamic and Interactive 2 Components of the VCMS to the extent necessary for the COUNTY's use 3 and operation of its website and intranet; provided, COUNTY does not 4 modify the VCMS and maintains a visionLiveTM Subscription in 5 accordance with this Agreement. The VCMS provided under this 6 Agreement is licensed and not sold, and COUNTY understands and 7 agrees that CONTRACTOR shall retain all rights, title, and interests in the 8 VCMS, Dynamic and Interactive Components, and any other 9 CONTRACTOR intellectual property not provided for in this Section. 10 1. SCOPE OF LICENSE 11 The license granted herein shall consist solely of the non-exclusive, 12 non-transferable right of COUNTY to operate the System Software in 13 support of all COUNTY departments. 14 2. OWNERSHIP 15 The parties acknowledge and agree that, as between CONTRACTOR 16 and COUNTY, title and full ownership of all rights in and to the System 17 Software, System Documentation, and all other materials provided to 18 COUNTY by CONTRACTOR under the terms of this Agreement shall 19 remain with CONTRACTOR. COUNTY will take reasonable steps to 20 protect trade secrets of the System Software and System Documentation. 21 COUNTY may not disclose or make available to third parties the System 22 Software or System Documentation or any portion thereof. 23 CONTRACTOR shall own all right, title and interest in and to all 24 corrections, modifications, enhancements, programs, and work product 25 conceived, created or developed, alone or with COUNTY or others, as a 26 result of or related to the performance of this Agreement, including all 27 proprietary rights therein and based thereon. Except and to the extent 28 5 1 expressly provided herein, CONTRACTOR does not grant to COUNTY 2 any right or license, express or implied, in or to the System Software and 3 System Documentation or any of the foregoing. The parties acknowledge 4 and agree that, as between CONTRACTOR and COUNTY, full ownership 5 of all rights in and to all COUNTY data, whether in magnetic or paper 6 form, including without limitation printed output from the System, are the 7 exclusive property of COUNTY. 8 3. POSSESSION, USE AND UPDATE OF SOFTWARE 9 COUNTY agrees that only COUNTY will use the System Software for 10 its own internal purposes and shall not further sublicense the System 11 Software. CONTRACTOR may, at reasonable times, inspect COUNTY's 12 premises and equipment to verify that all of the terms and conditions of 13 this license are being observed. CONTRACTOR may create, from time to 14 time, updated versions of the System Software and System 15 Documentation and CONTRACTOR shall make such System Updates 16 available to COUNTY. System Updates shall be licensed under the terms 17 of this Agreement. COUNTY agrees to follow the prescribed instructions 18 for updating System Software and System Documentation provided to 19 COUNTY by CONTRACTOR. 20 4. TRANSFER OF SOFTWARE 21 COUNTY shall not rent, lease, license, distribute, sell, transfer, or 22 assign this license, the System Software, or the System Documentation, 23 or any of the information contained therein other than COUNTY data, to 24 any other person or entity, whether on a permanent or temporary basis, 25 and any attempt to do so will constitute a breach of this Agreement. No 26 right or license is granted under this Agreement for the use or other 27 28 6 1 utilization of the licensed programs, directly or indirectly, for the benefit of 2 any other person or entity, except as provided in this Agreement. 3 5. POSSESSION AND USE OF SOURCE CODE 4 CONTRACTOR shall not provide the source code to the System 5 Software. 6 6. RESTRICTIONS ON USE: 7 COUNTY shall not: (i) license, sublicense, sell, resell, transfer, assign, 8 distribute or otherwise commercially exploit or make available to any third 9 party the System Software or the System Documentation in any way; (ii) 10 modify or make derivative works based upon the System Software or the 11 System Documentation; (iii) create Internet "links" to the System Software 12 or "frame" or "mirror" any System Documentation on any other server or 13 wireless or Internet-based device; (iv) send spam or otherwise duplicative 14 or unsolicited messages in violation of applicable law; (v) send or store 15 infringing, obscene, threatening, libelous, or otherwise unlawful or tortious 16 material, including material harmful to children or violative of third party 17 privacy rights; (vi) send or store material containing software viruses, 18 worms, Trojan horses or other harmful computer code, files, scripts, 19 agents or programs; (vii) interfere with or disrupt the integrity or 20 performance of the System Software or the data contained therein, 21 including but not limited to COUNTY Data; (viii) attempt to gain 22 unauthorized access to the System Software or its related systems or 23 networks; or (ix) reverse engineer or access the System Software in order 24 to (a) build a competitive product or service, (b) build a product using 25 similar ideas, features, functions or graphics of the System Software, or 26 (c) copy any ideas, features, functions or graphics of the System Software. 27 28 7 1 7. INTELLECTUAL PROPERTY, TRADEMARK AND COPYRIGHT 2 CONTRACTOR retains ownership of the System Software, any 3 portions or copies thereof, and all rights therein. CONTRACTOR reserves 4 all rights not expressly granted to COUNTY. This License does not grant 5 COUNTY any rights in connection with any trademarks or service marks of 6 CONTRACTOR, its suppliers or licensors. All right, title, interest and 7 copyrights in and to the System Software and the accompanying System 8 Software Documentation and any copies of the System Software are 9 owned by CONTRACTOR, its suppliers or licensors. All title and 10 intellectual property rights in and to the content which may be accessed 11 through use of the System Software are the property of the respective 12 content owner and may be protected by applicable copyright or other 13 intellectual property laws and treaties. This License grants COUNTY no 14 rights to use such content. 15 C) SERVICES TO BE PROVIDED BY CONTRACTOR TO COUNTY 16 CONTRACTOR shall provide website development and visionLiveTM 17 subscription services for the main COUNTY website as more particularly 18 described under Exhibit C, attached hereto and incorporated herein by 19 reference. CONTRACTOR shall provide intranet development and 20 visionLiveTM subscription services for the COUNTY intranet as more 21 particularly described under Exhibit D, attached hereto and incorporated 22 herein by reference. 23 D) LIMITED WARRANTY 24 CONTRACTOR warrants that the deliverables set forth in Exhibit C 25 and Exhibit D will be conveyed to COUNTY upon Completion. All 26 programming code developed by CONTRACTOR is warranted to be free 27 of Warranted Problems; provided, however, COUNTY does not: (1)(a) 28 8 1 modify the VCMS or (1)(b) use the VCMS in combination with any third- 2 party system not authorized by CONTRACTOR; and (2) maintains a 3 vision Live TM Subscription in accordance with this Agreement. In the 4 event of breach of the limited warranty provided in this Section, 5 COUNTY's sole remedy and CONTRACTOR's entire liability shall be 6 limited to CONTRACTOR's correction of the Warranted Problem. Except 7 as expressly set forth above, CONTRACTOR MAKES NO GUARANTEE 8 OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 9 INCLUDING OF MERCHANTABILITY OR FITNESS OF THE SERVICES 10 FOR A PARTICULAR PURPOSE WHATSOEVER, AND USE OF THE 11 SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED 12 THERE FROM IS AT CLIENT'S OWN RISK AS THE SERVICES ARE 13 PROVIDED TO CLIENT ON AN "AS IS" BASIS. In no event, at any time, 14 shall the aggregate liability of CONTRACTOR pursuant to this limited 15 warranty exceed the amount of fees paid by COUNTY to CONTRACTOR 16 in the most recent twelve months, and CONTRACTOR shall not be 17 responsible for any lost profits or other damages, including direct, 18 indirect, incidental, special, consequential or any other damages, 19 however caused. CONTRACTOR does not warrant any connection to, 20 transmission over, nor results of use of, any network connection or 21 facilities provided, nor any third-party applications and software obtained 22 by, for, or on behalf of COUNTY. CONTRACTOR assumes no 23 responsibility for any damages suffered by the COUNTY, including, but 24 not limited to, server down time, loss of data, loss of business, 25 misdeliveries, delays, non- deliveries, access speed, or service 26 interruptions of any kind. COUNTY acknowledges that the information 27 available through the interconnecting networks may not be accurate. 28 9 1 CONTRACTOR has no control or authority over such information and 2 shall not be liable for the quality, accuracy, or validity of the 3 data/information gathered from the Internet. Use of information gathered 4 through the use of CONTRACTOR services is at the risk of the 5 COUNTY. 6 E) ADDITIONAL SERVICES 7 CONTRACTOR may provide additional services for an additional 8 charge. Charges will be as identified in Section VII-E of this Agreement; 9 or, if not included in this Agreement, charges will be at CONTRACTOR's 10 pricing in effect at the time such goods or services are provided. Any 11 additional services requested by COUNTY and determined by 12 CONTRACTOR to be billable by CONTRACTOR must be identified as a 13 chargeable service prior to the service being performed and must be 14 approved in writing in advance by COUNTY's Contract Administrator (as 15 defined in Section IV-A. Additional services may include, but are not 16 limited to, the following: 17 1. ADDITIONAL TRAINING 18 CONTRACTOR will conduct "train-the-trainer" training of COUNTY 19 staff at a COUNTY designated location for five consecutive days as 20 specified in CONTRACTOR's Response to RFP No. 208-5465. Beyond 21 that, additional training at a County facility is available upon request by 22 COUNTY at an additional charge under the terms of this Agreement. 23 Requests for additional training will be reviewed by CONTRACTOR and 24 must be requested in writing in advance by COUNTY's Contract 25 Administrator. Charges will be at rates identified in this Agreement. 26 2. CUSTOMER SITE VISITS 27 28 10 1 Site visits to COUNTY sites, as may be requested in writing by 2 COUNTY and that are within the scope of the project services, are 3 available for reasons such as, (1) additional system training on hardware 4 or software usage; and (2) additional consultation on website services. 5 Site visits outside of the scope of project services will be reviewed by 6 CONTRACTOR and must be requested in writing in advance by the 7 COUNTY's Contract Administrator. Charges will be at CONTRACTOR's 8 then current rates. 9 3. CUSTOM PROGRAMMING 10 Requests for supplemental programming or customization of System 11 features not covered under this Agreement are available to COUNTY. 12 Such requests will be reviewed by CONTRACTOR and must be requested 13 in writing in advance by the COUNTY's Contract Administrator. Charges 14 will be at rates identified in Section VII. E. of this Agreement. 15 F) CONTRACTOR'S PROJECT COORDINATOR 16 Upon execution of this Agreement, CONTRACTOR shall appoint a Project 17 Coordinator who will act as the primary contact person to interface with COUNTY 18 for implementation, maintenance and support of System Software. 19 IV. OBLIGATIONS OF THE COUNTY 20 A) COUNTY CONTRACT ADMINISTRATOR 21 COUNTY appoints its Chief Information Officer (CIO) or his/her 22 designee, as COUNTY's Contract Administrator with full authority to deal 23 with CONTRACTOR in all matters concerning this Agreement. 24 B) SAFEGUARDING SYSTEM SOFTWARE 25 COUNTY will follow its current practices to safeguard System Software 26 delivered to COUNTY by CONTRACTOR. A copy of COUNTY'S "Information 27 Technology (IT) Standards and Preferences" will be made available upon request. 28 11 1 C) ACCEPTANCE TESTING 2 COUNTY shall notify CONTRACTOR of Final System Acceptance when 3 System Software has been successfully tested and satisfactorily performs all 4 functions necessary pursuant to this Agreement, and all deliverables identified in 5 this Agreement as required for acceptance have been received by COUNTY. 6 D) ACCEPTANCE TESTING PROCESS 7 Following System Installation, CONTRACTOR shall test the System 8 along with COUNTY personnel. 9 E) COUNTY PROJECT MANAGER 10 Upon execution of this Agreement, COUNTY's Contract Administrator shall 11 designate an individual from ISD who will function as Project Manager with 12 responsibility for day-to-day management of the project for implementation of the 13 System Software. The Project Manager and COUNTY personnel shall have the 14 necessary and appropriate training and experience to implement the terms of this 15 Agreement. COUNTY acknowledges CONTRACTOR'S reliance on same. 16 F) OTHER COUNTY OBLIGATIONS 17 Technical assistance from COUNTY's ISD staff will be provided during 18 the performance of the installation of the System Software. In particular, 19 COUNTY will provide: 20 a. Network connectivity and troubleshooting assistance. 21 b. Ability to monitor network traffic and isolate bottlenecks. 22 c. Technical assistance concerning the integration with existing 23 COUNTY systems (if applicable). 24 d. Expertise to handle issues with PCs, printers, and cabling before, 25 during, and after rollout. 26 27 28 12 1 G) RIGHTS REGARDING CONTENT 2 COUNTY warrants that it holds all rights and/or licenses necessary to 3 display all of the images, data, information or other items supplied by 4 COUNTY and being displayed on the COUNTY's web pages during the 5 effective period of this Agreement. COUNTY will retain ownership of all 6 information and content (including COUNTY-provided logos and images) 7 owned exclusively by COUNTY and provided by COUNTY for use on its 8 website. COUNTY shall supply all necessary information to 9 CONTRACTOR in a timely manner in digital format including without 10 limitation copy, text, audio files, video files, pdf files, photographs, artwork 11 and preexisting graphics. CONTRACTOR is not responsible for content 12 migrated by COUNTY or any third party. COUNTY expressly authorizes 13 CONTRACTOR to display and/or modify any COUNTY-supplied images, 14 data, information and other items in connection with the services provided 15 herein. 16 H) CONTRACTOR'S MARK 17 COUNTY agrees that CONTRACTOR may place in the website footer 18 an unobtrusive text link reading "Created by Vision" or the equivalent. 19 CONTRACTOR's footer text credit shall always be linked to a 20 CONTRACTOR web page. 21 V. TERM 22 This Agreement shall become effective on the date first written hereinabove and continue 23 for a term of three (3) years (the "Initial Term"), with the option for two (2), one (1) year 24 extensions thereafter, upon written authorization from County's Director of Internal 25 Services/Chief Information Officer or his/her designee and payment of all annual Fees. 26 27 28 13 1 2 VI. TERMINATION 3 A) NON-ALLOCATION OF FUNDS 4 The terms of this Agreement, and the services to be provided 5 thereunder, are contingent on the approval of funds by the appropriating 6 government agency. Should sufficient funds not be allocated, the services 7 provided may be modified, or this Agreement terminated, at any time by 8 giving the CONTRACTOR thirty (30) days advance written notice. 9 B) BREACH OF CONTRACT 10 The COUNTY may immediately suspend or terminate this Agreement 11 in whole or in part, where there is: 12 1) An illegal or improper use of funds; 13 2) A failure to comply with any term of this Agreement; 14 3) A substantially incorrect or incomplete report submitted to the 15 COUNTY; 16 4) Improperly performed service. 17 In no event shall any payment by the COUNTY constitute a waiver by 18 the COUNTY of any breach of this Agreement or any default which may 19 then exist on the part of the CONTRACTOR. Neither shall such payment 20 impair or prejudice any remedy available to the COUNTY with respect to 21 the breach or default. 22 CONTRACTOR may, upon thirty (30) days prior written notice to 23 COUNTY, terminate this Agreement if COUNTY fails to comply with any 24 material term or condition of this Agreement unless COUNTY cures such 25 failure within such thirty (30) day period, or other such timeframe as may 26 be mutually agreed upon in writing by the parties. 27 28 14 1 C) WITHOUT CAUSE 2 Under circumstances other than those set forth above, this Agreement 3 may be terminated by COUNTY upon the giving of thirty (30) days 4 advance written notice of an intention to terminate to CONTRACTOR. 5 COUNTY shall permanently delete all copies of the SYSTEM upon 6 termination of this Agreement. 7 VII. COMPENSATION/INVOICING 8 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to 9 receive compensation as follows: 10 A) ONE-TIME FEES FOR PROFESSIONAL SERVICES, INSTALLATION, 11 TRAINING, CONTENT MIGRATION, AND PROJECT MANAGEMENT 12 1. Development / Professional Services / Project Management with 13 Content Consulting Plus/2 consecutive days Training $53,570.00 14 2. Onsite Consulting (2 consecutive days) $6,110.00 15 3. Premium Design (2 additional design concepts) $4,840.00 16 4. Advanced Design Package *Plus $ 9,500.00 17 5. Website Analysis (UX) Package *Plus $ 3,000.00 18 6. Intranet Website Professional Services $16,955.00 19 7. Additional Training (3 consecutive days) $3,750.00 20 Total One-time fees $ 97,725.00 21 B) PAYMENT SCHEDULE FOR ONE-TIME FEES 22 1. 10% upon all parties signing this Agreement. 23 2. 20% upon delivery of homepage wireframe 24 3. 20% upon delivery of the draft homepage design concepts 25 4. 20% upon System Installation of Licenses. 26 5. 20% within 21 days after Completion. 27 28 15 1 6. 10% upon Final System Acceptance, or after training, whichever comes 2 later. 3 C) NOT TO EXCEED AMOUNT FOR ONE-TIME FEES 4 It is understood and agreed that the dollar figures listed hereinabove for 5 one-time fees include applicable taxes which may be subject to change during the 6 period for scheduled payments. In no event shall services performed under this 7 Agreement exceed $97,725.00 for one-time fees. 8 D) VisionLIVETm ANNUAL MAINTENANCE, SUPPORT, AND HOSTING 9 FEES ("Subscription Services"): 10 Excepting Premium Disaster Recovery fees totaling $4,800.00, all 11 other Subscription Services provided for the County during the first year of 12 the Agreement shall be at no cost to COUNTY. CONTRACTOR shall 13 invoice COUNTY $24,240.00 per year for all Subscription Services 14 beginning the second year of this Agreement, which rate shall be 15 increased by five percent (5%) per year, for each year of the Term, 16 inclusive of renewal periods. Such annual fees are paid annually and in 17 advance. Excepting termination by COUNTY in accordance with Section 18 VI-B hereinabove, COUNTY shall not be entitled to a prorated refund of 19 any unused such fees should COUNTY terminate this contract prior to 20 expiration of the one year period for which such fees were paid. 21 CONTRACTOR shall invoice COUNTY annually for Subscription Services 22 as follows: 23 24 25 26 27 28 16 1 1. Year One Total Annual Maintenance, 2 Support, and Hosting Fees $4,800.00 3 2. Year Two Total Annual Maintenance, 4 Support, and Hosting Fees $24,240.00 5 3. Year Three Total Annual Maintenance, 6 Support, and Hosting Fees $25,452.00 7 4. Year Four Total Annual Maintenance, 8 Support, and Hosting Fees $ 26,724.60 9 5. Year Five Total Annual Maintenance, 10 Support, and Hosting Fees $28,060.83 11 TOTAL FOR SUBSCRIPTION SERVICES 12 YEARS ONE THROUGH FIVE: $109,277.43 13 E) ADDITIONAL LICENSE/SERVICE FEES: 14 Optional, additional services and software provided under this 15 Agreement may include, but are not limited to: 16 1. Website exceeding 250GB $50.00/month per 5GB increment 17 2. Graphic Design, Training Billable Service / Hour $ 125.00 18 3. Quality Assurance, Testing, Debugging, Technical Support, 19 Webmaster Services, HTML Programming Billable Service / Hour 20 $105.00 21 4. Graphic Production Billable Services / Hour $ 95.00 22 5. Content Migration Billable Services / Hour $ 85.00 23 6. Advanced Subsite $ 12,000.00 24 7. 1st Advanced Subsite Annual Maintenance $ 3,250.00 25 8. Subsequent Advanced Subsite Annual Maintenance$ 2,250.00 26 9. Basic Subsite $ 7,500.00 27 10. 1st Basic Subsite Annual Maintenance $ 2,500.00 28 17 1 11.Subsequent Basic Subsite Annual Maintenance $ 1,500.00 2 12. 1 St Design Theme $ 2,500.00 3 13.Subsequent Design Theme $ 1,250.00 4 14.Consulting, Project Management, Database Design, Dynamic 5 Programming, Billable Services / Hour $ 135.00 6 CONTRACTOR may increase the above-noted Additional 7 License/Services Fees upon thirty (30) days' advance written notice to 8 COUNTY, provided that CONTRACTOR shall not increase such fees 9 more than once in any one year period, and provided further that each 10 increase will not exceed the then-current fees by five percent (5%) per 11 year. 12 Additional Service Fees shall only be paid to CONTRACTOR if any 13 such services set forth hereinabove are performed by CONTRACTOR 14 upon COUNTY's written request. The Advanced Subsites, Basic Subsites, 15 or Design Themes ("Department Branding") must be procured by 16 COUNTY on or before Acceptance Testing begins. Thereafter, 17 Department Branding is available subject to service availability and 18 CONTRACTOR'S then-prevailing fees, which may not exceed 5% of the 19 listed fees. In no event shall Additional Service Fees exceed $ 20,000.00 20 for each year this Agreement is in force. 21 F) TOTAL CONTRACT AMOUNT 22 In no event shall services performed under this Agreement be in 23 excess of $307,003.00 during the entire possible five (5) year term of this 24 Agreement. It is understood that all expenses incidental to 25 CONTRACTOR'S performance of services under this Agreement shall be 26 borne by CONTRACTOR. 27 28 18 1 G) INVOICING 2 CONTRACTOR shall submit invoices (which must reference the 3 provided contract number), either electronically or via mail (and must 4 reference the provided contract number on the invoice) to the County of 5 Fresno ISD, Accounts Payable, 333 W. Pontiac Way, Clovis, CA. 93612 or 6 Accounts Payable (ISDBusinessOffice@Co.Fresno.Ca.US). COUNTY will 7 pay CONTRACTOR within forty-five (45) days of receipt of an approved 8 invoice, by mail addressed to CONTRACTOR's remittance address at 222 9 N. Sepulveda Blvd., Suite 1500, El Segundo, CA 90245. 10 VIII. INDEPENDENT CONTRACTOR: 11 In performance of the work, duties and obligations assumed by 12 CONTRACTOR under this Agreement, it is mutually understood and agreed that 13 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, 14 and employees will at all times be acting and performing as an independent 15 CONTRACTOR, and shall act in an independent capacity and not as an officer, 16 agent, servant, employee, joint venture, partner, or associate of the COUNTY. 17 Furthermore, COUNTY shall have no right to control or supervise or direct the 18 manner or method by which CONTRACTOR shall perform its work and function. 19 However, COUNTY shall retain the right to administer this Agreement so as to 20 verify that CONTRACTOR is performing its obligations in accordance with the 21 terms and conditions thereof. 22 CONTRACTOR and COUNTY shall comply with all applicable provisions of 23 law and the rules and regulations, if any, of governmental authorities having 24 jurisdiction over matters the subject thereof. 25 Because of its status as an independent CONTRACTOR, CONTRACTOR 26 shall have absolutely no right to employment rights and benefits available to 27 COUNTY employees. CONTRACTOR shall be solely liable and responsible for 28 19 1 providing to, or on behalf of, its employees all legally-required employee benefits. 2 In addition, CONTRACTOR shall be solely responsible and save COUNTY 3 harmless from all matters relating to payment of CONTRACTOR'S employees, 4 including compliance with Social Security withholding and all other regulations 5 governing such matters. It is acknowledged that during the term of this 6 Agreement, CONTRACTOR may be providing services to others unrelated to the 7 COUNTY or to this Agreement. 8 IX. CONFIDENTIALITY 9 A Party receiving Information (defined below) of the other will not disclose 10 such Information other than to persons in its organization who have a need to 11 know and who will be required to comply with this Section. The Party receiving 12 Information will not use such Information for a purpose inconsistent with the terms 13 of this Agreement. "Information" means the Software, Documentation and all 14 information and intellectual property related thereto (including, but not limited to all 15 databases provided to COUNTY by CONTRACTOR whether created by 16 CONTRACTOR or its third party licensors such as, without limitation, the mapping 17 product databases) as well as information related to the business of 18 CONTRACTOR or COUNTY. Information will not include: (i) information publicly 19 known prior to disclosure; (ii) information coming into the lawful possession of the 20 recipient without any confidentiality obligation; and (iii) information required to be 21 disclosed pursuant to regulatory action or court order, provided adequate prior 22 written notice of any request to disclose is given to the Party whose information is 23 to be disclosed. Each Party will exercise at least the same degree of care to 24 safeguard the confidentiality of the other's Information as it does to safeguard its 25 own proprietary confidential information, but not less than a reasonable degree of 26 care. 27 28 20 1 2 X. MODIFICATION 3 Any matters of this Agreement may be modified from time to time by the 4 written consent of all the parties without, in any way, affecting the remainder. 5 XI. NON-ASSIGNMENT 6 Neither party shall assign, transfer or sub-contract this Agreement nor their 7 rights or duties under this Agreement without the prior written consent of the other 8 party, except that CONTRACTOR may assign this Agreement without COUNTY's 9 consent to an "Affiliate" of CONTRACTOR or in connection with an acquisition of 10 CONTRACTOR, merger (whether CONTRACTOR is the surviving or 11 disappearing entity) or consolidation of CONTRACTOR with another entity, or in 12 connection with the sale, assignment, or majority transfer of any stock, 13 membership or other ownership interest in CONTRACTOR. "Affiliate" shall mean 14 (a) a domestic entity formed, existing and governed pursuant to the laws of one of 15 the fifty (50) states of the United States of America (or the District of Columbia) 16 controlling, controlled by, or under common control with CONTRACTOR. 17 XII. HOLD HARMLESS 18 Except as provided in Section III-D hereinabove, CONTRACTOR agrees to 19 indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, 20 its officers, agents, and employees from any and all costs and expenses, 21 damages, liabilities, claims, and losses occurring or resulting to COUNTY in 22 connection with the performance, or failure to perform, by CONTRACTOR, its 23 officers, agents, or employees under this Agreement, and from any and all costs 24 and expenses including attorney's fees and court costs, damages, liabilities, 25 claims, and losses occurring or resulting to any person, firm, or corporation who 26 may be injured or damaged by the performance, or failure to perform, of 27 CONTRACTOR, its officers, agents, or employees under this Agreement. 28 21 1 XIII. INSURANCE 2 Without limiting the COUNTY's right to obtain indemnification from 3 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall 4 maintain in full force and effect, the following insurance policies throughout the 5 term of the Agreement: 6 A) COMMERCIAL GENERAL LIABILITY 7 Commercial General Liability Insurance with limits of not less than One 8 Million Dollars ($1,000,000) per occurrence and an annual aggregate of 9 Two Million Dollars ($2,000,000). This policy shall be issued on a per 10 occurrence basis. COUNTY may require specific coverages including 11 completed operations, products liability, contractual liability, Explosion- 12 Collapse-Underground, fire legal liability or any other liability insurance 13 deemed necessary because of the nature of this contract. 14 B) AUTOMOBILE LIABILITY 15 Comprehensive Automobile Liability Insurance with limits for bodily 16 injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) 17 per person, Five Hundred Thousand Dollars ($500,000.00) per accident 18 and for property damages of not less than Fifty Thousand Dollars 19 ($50,000.00), or such coverage with a combined single limit of Five 20 Hundred Thousand Dollars ($500,000.00). Coverage should include 21 owned and non-owned vehicles used in connection with this Agreement. 22 C) PROFESSIONAL LIABILITY 23 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., 24 R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability 25 Insurance with limits of not less than One Million Dollars ($1,000,000.00) 26 per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. 27 28 22 1 D) WORKER'S COMPENSATION 2 A policy of Worker's Compensation insurance as may be required by 3 the California Labor Code. 4 CONTRACTOR shall obtain endorsements to the Commercial General 5 Liability insurance naming the County of Fresno, its officers, agents, and 6 employees, individually and collectively, as additional insured, but only 7 insofar as the operations under this Agreement are concerned. Such 8 coverage for additional insured shall apply as primary insurance and any 9 other insurance, or self-insurance, maintained by COUNTY, its officers, 10 agents and employees shall be excess only and not contributing with 11 insurance provided under CONTRACTOR's policies herein. This 12 insurance shall not be cancelled or changed without a minimum of thirty 13 (30) days advance written notice given to COUNTY. 14 Within Thirty (30) days from the date CONTRACTOR executes this 15 Agreement, CONTRACTOR shall provide certificates of insurance and 16 endorsement as stated above for all of the foregoing policies, as required 17 herein, to the County of Fresno, Robert Bash, Chief Information Officer, 18 333 W. Pontiac Way, Clovis CA 93612, stating that such insurance 19 coverages have been obtained and are in full force; that the County of 20 Fresno, its officers, agents and employees will not be responsible for any 21 premiums on the policies; that such Commercial General Liability 22 insurance names the County of Fresno, its officers, agents and 23 employees, individually and collectively, as additional insured, but only 24 insofar as the operations under this Agreement are concerned; that such 25 coverage for additional insured shall apply as primary insurance and any 26 other insurance, or self-insurance, maintained by COUNTY, its officers, 27 agents and employees, shall be excess only and not contributing with 28 23 1 insurance provided under CONTRACTOR's policies herein; and that this 2 insurance shall not be cancelled or changed without a minimum of thirty 3 (30) days advance, written notice given to COUNTY. 4 In the event CONTRACTOR fails to keep in effect at all times 5 insurance coverage as herein provided, the COUNTY may, in addition to 6 other remedies it may have, suspend or terminate this Agreement upon 7 the occurrence of such event. 8 All policies shall be with admitted insurers licensed to do business in 9 the State of California. Insurance purchased shall be purchased from 10 companies possessing a current A.M. Best, Inc. rating of A FSC VII or 11 better. 12 XIV. AUDITS AND INSPECTIONS 13 CONTRACTOR shall at any time during CONTRACTOR'S normal 14 business hours, and upon prior written notice, as often as the COUNTY may 15 deem necessary, make available to the COUNTY for examination all of its records 16 and data with respect to the matters covered by this Agreement. CONTRACTOR 17 shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all 18 of such records and data necessary to ensure CONTRACTOR'S compliance with 19 the terms of this Agreement. Any such examinations or audits shall be at the 20 COUNTY'S expense. 21 If this Agreement exceeds ten thousand dollars ($10,000.00), 22 CONTRACTOR shall be subject to the examination and audit of the Auditor 23 General for a period of three (3) years after final payment under contract 24 (Government Code Section 8546.7). 25 26 27 28 24 1 XV. NOTICES 2 A) AUTHORITY TO GIVE AND RECEIVE NOTICES 3 The following persons (with addresses noted below) have authority to 4 give and receive notices under this Agreement: 5 COUNTY OF FRESNO CONTRACTOR 6 Robert Bash Katrina Bondoc 7 Chief Information Officer Associate Counsel, Commercial 8 Contracts 9 333 W. Pontiac Way 222 N. Sepulveda Blvd., Suite 1500 10 Clovis, CA 93612 El Segundo, CA 90245 11 Any and all notices between the COUNTY and the CONTRACTOR 12 provided for or permitted under this Agreement or by law shall be in writing and 13 shall be deemed duly served when personally delivered to one of the parties, or in 14 lieu of such personal services, when deposited in the United States Mail, postage 15 prepaid, addressed to such party or by electronic mail sent to and confirmed by 16 CONTRACTOR at CONTRACTOR's email address or by COUNTY at COUNTY's 17 email address. 18 B) PRIMARY ESCALATION CONTACT INFORMATION 19 The persons and their contact information that the COUNTY or 20 CONTRACTOR can use to escalate problems or situations: 21 22 (1) COUNTY CONTRACTOR 23 Contact# 1: Contact# 1: 24 Daniel Moore Jung Yoon 25 Information Technology Senior Director of Operations Manaqer 26 Office Phone: (559) 600-5800 Office Phone: (310) 656-3100 27 28 25 1 Email: dmoore@co.fresno.ca.us Email jyoon@visioninternet.com 2 3 (2) 4 COUNTY CONTRACTOR Contact# 2: Contact# 2: 5 Mark Zack Yulianq Dinq 6 Information Technology Division Director of Software Development 7 Manager 8 Office Phone: (559) 600-5800 Office Phone: (310) 656-3100 Cell Phone: (559) 349-0210 9 Email: mzack@co.fresno.ca.us Email yding@visioninternet.com 10 11 XVI. GOVERNING LAW 12 Venue for any action arising out of or related to this Agreement shall only 13 be in Fresno County, California. 14 The rights and obligations of the parties and all interpretation and 15 performance of this Agreement shall be governed in all respects by the laws of 16 the State of California. The Uniform Computer Information Transactions Act or 17 any version thereof, adopted by any state in any form ("UCITA"), shall not apply to 18 this Agreement and, to the extent that UCITA is applicable, the parties agree to 19 opt-out of its applicability pursuant to its provisions. 20 XVII. DISCLOSURE OF SELF-DEALING TRANSACTIONS 21 This provision is only applicable if the CONTRACTOR is operating as a 22 corporation (a for-profit or non-profit corporation) or if during the term of this 23 agreement, the CONTRACTOR changes its status to operate as a corporation. 24 Members of the CONTRACTOR's Board of Directors shall disclose any 25 self-dealing transactions that they are a party to while CONTRACTOR is providing 26 goods or performing services under this agreement. A self-dealing transaction 27 shall mean a transaction to which the CONTRACTOR is a party and in which one 28 26 1 or more of its directors has a material financial interest. Members of the Board of 2 Directors shall disclose any self-dealing transactions that they are a party to by 3 completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit F) 4 and submitting it to the COUNTY prior to commencing with the self-dealing 5 transaction or immediately thereafter. 6 XVIII. STATUTE OF LIMITATIONS 7 Any cause of action of COUNTY with respect to the services provided 8 hereunder must be instituted within one year after the claim or cause of action has 9 arisen or be forever barred. 10 XIX. SURVIVAL 11 The terms and conditions of Sections III-D(Limited Warranty), IX 12 (Confidentiality), XVI (Governing Law & Venue), and XIX (Survival) shall survive 13 any termination or expiration of this Agreement. 14 XX. ENTIRE AGREEMENT 15 This Agreement constitutes the entire agreement between the 16 CONTRACTOR and COUNTY with respect to the subject matter hereof and 17 supersedes all previous Agreement negotiations, proposals, commitments, 18 writings, advertisements, publications, and understandings of any nature 19 whatsoever unless expressly included in this Agreement. In the event of any 20 inconsistency in interpreting the documents comprising this Agreement, the 21 inconsistency shall be resolved by giving precedence in the following order of 22 priority: (1) the text of this Agreement (excluding the RFP and the Response); (2) 23 the RFP; and (3) the Response. 24 25 26 27 28 27 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 2 day and year first hereinabove written. 3 CON T 77R COUY QF FRESNO 4 5 avid M. ach 11ief Executive Officer BRIAN PACHECO,Chairman, Board of Supervisors 6 7 Print Name & Title DATE: -T 1CQ 8 ATTEST: (Author) e S nature) BERNICE E. SEIDEL, Clerk 9 Board of Supervisors 10 N ti L- By Deputy Print Name & Title 11 REVIEWED & RECOMMENDED FOR 22k AL SE a lJ _ 0 lu ( — APPROVAL 12 13 Mailing Address 14 DATE: 15 REV $ RC MMENDED FOR OVAL REV WED & OMMENDED FOR APPROVAL 16 cJ3� 17 Robert W. Bash De rtment ad's Signature Director of Internal Services/ 1$ Chief Information Officer APPROVED AS TO LEGAL FORM 19 �` �_ \ Z 20 Dp1iTeYC. Cederborg Dep ent Head's Signature C ty Counsel 21 22 FOR ACCOUNTING USE ONLY: APPROVED AS TO ACCOUNTING FORM 23 FUND: 1020 15 a-,. A — SUBCLASS: 10000 OSCAR J. GARCIA, WPW 24 Auditor-Controller/Treasurer-Tax Collector 25 ORG NO. 8905 ACCOUNT NO.: 7309 26 27 28 28 1 2 EXHIBIT C 3 PART I:Website Development 4 A) Included Services 5 Pursuant to the terms herein, CONTRACTOR agrees to provide website 6 development services as provided below in exchange for payment of fees and 7 compliance with the terms and conditions of this Exhibit C and the Agreement. 8 Website development services, as specified in CONTRACTOR's Response to 9 RFP No 208-5465, include the following: 10 1) Content Consulting Plus. CONTRACTOR will conduct on-site 11 consultation meetings (not to exceed a total of 5 days) as outlined in 12 the following agenda: 13 (a) Analytics Report — CONTRACTOR will review one year's 14 worth of COUNTY's website analytics and provide direction 15 and suggestions on content revisions. 16 (b) Customized Content Strategy - Based on COUNTY's internal 17 structure, CONTRACTOR will spend one day consulting with 18 COUNTY on how to edit current content, how to roll out 19 content strategy plan to COUNTY's content editors, website 20 governance and best practices. If necessary, CONTRACTOR 21 may return for another day to meet with COUNTY's project 22 stakeholders to present the customized content strategy. 23 (c) Writing for the Web Training — CONTRACTOR will provide 24 one day of onsite training to 25 26 (i) Review content editing process and roll-out content 27 strategy plan to departments; and 28 29 1 (ii) Conduct personalized content strategy and 2 customized plain language training for departments. 3 Training materials include: 4 1) Content development and migration best practices 5 handout 6 2) Website content best practices handout 7 3) Website persona handout 8 9 4) Communicating with your audience handout 10 5) Task process evaluation handout 11 6) Customized plain language handouts 12 7) Writing for the Web textbook 13 14 Upon COUNTY's request, CONTRACTOR will perform one hour 15 of remote follow-up consultation via WebEx. 16 2) Navigation and Graphic Design with Premium Design and Design 17 Package Plus. 18 Based on the results from the Advanced Website Analysis, the 19 CONTRACTOR will consult with COUNTY on how to organize Client website 20 content. Based on this consultation, the CONTRACTOR will create a homepage 21 layout wireframe that shows the placement of key information and dynamic 22 content. The COUNTY will review the homepage layout wireframe and may 23 provide feedback to CONTRACTOR. The COUNTY will choose option(s) from, or 24 a combination of, the following: (a) video background homepage with interior 25 pages; (b) video/image carousel background homepage with interior pages; (c) 26 anchored scrolling homepage; (d) cards/tiles homepage-; or (e) parallax 27 homepage. The CONTRACTOR will then provide COUNTY with three draft 28 homepage design concepts via COUNTY-accessible software or as an email 30 1 attachment. COUNTY will select one homepage design concept. The 2 CONTRACTOR will revise the selected homepage design concept. After 3 COUNTY reviews the final homepage design concept, the CONTRACTOR will 4 provide three interior page designs per layouts available from CONTRACTOR. 5 The CONTRACTOR will deliver the following: 6 (i) Advanced Website (UX) Analysis 7 (ii) Three homepage design concepts 8 (iii)Approved homepage design 9 (iv)Up to three interior page templates 10 (v) Option(s) from the following: 11 1) video background homepage with interior pages 12 2) video/image carousel background homepage with interior 13 pages; 14 3) anchored scrolling homepage; 15 4) cards/tiles homepage; and 16 5) parallax homepage. 17 (vi)Responsive Website Design with vision DesignerTI 18 3) Integration of Third-Party Components and Databases. 19 (i) Active Directory 20 (ii) Google Translate Integration 21 (iii) SMS Component 22 (iv) Additional HTML Template 23 The CONTRACTOR will provide COUNTY an HTML template that 24 vendors of third-party components can use. CONTRACTOR will also integrate 25 links to these third-party components into the overall website navigation. 26 Additional web-interfaces with third-party databases and systems are outside 27 the scope of work of this Exhibit C. 28 31 1 B) TRAINING 2 CONTRACTOR will conduct "train-the-trainer" training of COUNTY 3 staff at a COUNTY designated location for five consecutive days as 4 specified in CONTRACTOR's Response to RFP No 208-5465. 5 C) Additional Website Development Terms and Conditions 6 1) CONTRACTOR will develop website frontend to be compatible with 7 Internet Explorer 9, 10, and 11, and the latest released versions at 8 the time of Completion of: Firefox, Chrome, and Safari. Website 9 backend will be compatible with Internet Explorer 9, 10, and 11, and 10 the latest released version of Chrome and Firefox at the time of 11 Completion. Website may not be compatible with previous or future 12 versions. Website backend will be optimized for 1024 x 768 pixels 13 resolution or above. COUNTY understands and agrees that the 14 website will be developed with Hypertext Markup Language 15 ("HTML"), CSS, JavaScript, and Microsoft ASP.NET ("MS-ASP") 16 interfaced with a database created in Microsoft SQL Server ("MS- 17 SQL"). COUNTY understands and agrees that the website is 18 developed to run on a Microsoft Windows Server 2012 ("MS- 19 Server"), or later. Responsive Website Design with visionMobile 20 DesignerTM mobile browsers will be compatible with the latest 21 released versions at the time of Completion of iOS Safari, Android 22 Chrome, and Windows Phone 7 Internet Explorer, but may not be 23 compatible with previous or future versions. COUNTY is 24 responsible for the costs of all software licensing. All of the web 25 browsers listed in this section, and any others added by 26 CONTRACTOR at its discretion are herein referred to collectively as 27 28 32 1 the "Supported Web Browsers". 2 2) CONTRACTOR will design the website frontend navigation and 3 graphic design to be generally compliant with WCAG 2.0 A. 4 COUNTY further understands and agrees that content, website 5 backend, and third-party tools may not be compliant with Section 6 508 or WCAG 2.0. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33 1 PART II: visionLiveTM subscription services, plus edition 2 A) Included Subscription Services 3 Pursuant to the terms herein, CONTRACTOR agrees to provide Hosting 4 Services, Support Services, and VCMS Licensing Services (collectively 5 "Subscription Services") as provided below. CONTRACTOR will provide 6 Subscription Services to the Client in exchange for payment of fees and 7 compliance with the terms and conditions of this Addendum and the Agreement 8 (which includes and incorporates CONTRACTOR's acceptable use policy ("AUP") 9 posted at www.visioninternet.com as such policy may change from time to time). 10 Subscription Services include the following: 11 (1) Hosting Services. CONTRACTOR will provide shared website 12 hosting on a Microsoft Windows Server and shared database hosting on a 13 Microsoft SQL Server for one (1) unique VCMS website. The shared server 14 hosting service includes: 15 (a) SOC-certified datacenter 16 1) Full hardware redundancy 17 2) Redundant generator backup 18 3) Daily data backups 19 4) Intrusion protection 20 5) 24/7 monitoring 21 6) 99.9% uptime 22 7) DDoS mitigation service 23 8) Up to 250 GB of website content storage 24 9) Premium Disaster Recovery Services. CONTRACTOR 25 will provide, in a separate colocation facility ("DR Facility"), 26 shared website hosting on an additional Microsoft Windows 27 Server and shared database hosting on an additional Microsoft 28 34 1 SQL Server for one (1) unique VCMS website. The Premium 2 Disaster Recovery Service includes: 3 4 (i) Data replication from primary hosting facility to DR 5 Facility initiated every 15 minutes at minimum. 6 (ii) In the event of hardware failure, power failure, internet 7 failure or natural disaster impacting CONTRACTOR's 8 primary hosting facility (collectively, "Failure"), Client's 9 website will failover to CONTRACTOR's DR facility. 10 Failure shall exclude the following non-exhaustive 11 occurrences: routine or scheduled maintenance; 12 modifications by Client or its designee, including 13 modifications to hosting settings; or Distributed Denial 14 of Service (DDoS) attacks that succeed in overcoming 15 CONTRACTOR's third-party provided DDoS defense. 16 CONTRACTOR guarantees that a website outage 17 resulting from a Failure shall not exceed 5 minutes. If 18 the outage exceeds 5 minutes, then the following 19 applicable credit shall be reflected in Client's next 20 invoice following the outage: 21 Outage from Failure Exceeding 5 Credit 22 Minutes in One Calendar Month 23 One occurrence exceeding 5 minutes 50% of Client's Premium DR Fees for 24 the applicable month 25 Two or more occurrences with each 100% of Client's Premium DR Fees for 26 exceeding 5 minutes the applicable month 27 28 35 1 Any recovery exceeding 30 minutes, 100% of Client's Premium DR Fees for 2 regardless of number of occurrence in the applicable month 3 one calendar month 4 5 A. Downtime. "Downtime" shall be defined as System non- 6 availability due to System Software error, malfunction, or Warranted 7 Problem, or due to System Maintenance activity other than in 8 accordance with the scheduling parameters set forth in this 9 Agreement. Examples of Downtime include, without limitation: 10 (i) One (1) or more COUNTY facilities cannot access the 11 System for reasons within CONTRACTOR'S Control; 12 or 13 (ii) Any functional Component of the System or Interface 14 is not available and is within CONTRACTOR'S control. 15 COUNTY requires that there be no unscheduled Downtime for 16 routine maintenance of the Application Software. COUNTY will 17 accept occasional scheduled Downtime for significant non-routine 18 Updates and maintenance to be scheduled by CONTRACTOR. 19 Non-routine maintenance includes such tasks as major System 20 Software version Updates. CONTRACTOR shall use its best 21 efforts to keep scheduled Downtime for non-routine maintenance to 22 a minimum and if required. 23 (2) Support Services. Support Services is defined as technical 24 support, account management, and education and training for the VCMS. 25 First Production Use will be identified by COUNTY and communicated to 26 CONTRACTOR. CONTRACTOR will support day-to-day operation of the 27 28 36 1 System as follows: 2 (i) CONTRACTOR will provide Support Services to a designated Client 3 account manager, system administrator or webmaster. Technical 4 support is generally available by email and telephone from 6:00 AM 5 to 6:00 PM Pacific Time Monday through Friday excluding holidays 6 ("Business Hours"), with emergency support available 24 hours a 7 day, 7 days a week. An emergency is defined as Client's website 8 being down for more than ten (10) minutes. 9 (ii) Support Services also include: 10 A) Dedicated Account Manager 11 B) Account Management* 12 a. Semi-annual account reviews (Health 13 Checks) 14 b. Semi-annual site analytics report 15 c. Semi-annual graphics site audit 16 d. Up to 30 hours of site improvement 17 credits** 18 * Health Checks, Site Analytics Report and Graphics Site Audit will not be performed until the 19 second year of the Agreement and every year thereafter. 20 **Thirty site improvement credits will be available beginning the second year of the 21 Agreement and every year thereafter within the Initial Term.Any unused hours in a given 22 year may be carried over to the following year within the Initial Term. Site improvement 23 credits expire at the end of the Initial Term and will not carry over beyond the Initial Term. 24 C) Education and Training 25 a. Training and best practices webinars 26 27 b. Access to On-Demand Training Library 28 37 1 c. On-going new feature training (via remote meeting service) 2 d. Monthly office hours (via remote meeting 3 service) 4 (3) VCMS Licensing Services. CONTRACTOR will provide a license 5 to the Plus edition of the VCMS, which includes the following functionalities 6 indicated by the applicable check marks: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38 1 2 vision' Plus 3 editions Edition 4 5 visionCMSTm Functionality 6 Site Administration&Security 7 Advanced WYSIWYG Editor 8 ii In-page Editing ✓ Awl user Management & Security ✓ 9 - R Navigation Management ./ 10 Accessibility Features V/ 11 - - visionMobile Designer ./ 12 r;_ Approval Cycle 13 Mega Menu Designer 14 Extranet (Password Protected External Content) I/ 15 User Experience&Interactivity 16 '�' Calendar ✓ 17 7 FAQs 18 Facility Directory %/ 19 Staff Directory 20 Service Directory 21 Google Translation 22 U Online Form Builder 23 News Postings VI Job Posts 1./ 24 Facilities/Events Registration 25 Requires an Implementation Fee 26 27 28 39 1 2 3 visionbve-�) Plus 4 editions Edition 5 Online Polling 6 A Citizen Request Management Tool 7 Business Directory 8 RFP Posts 9 N\ Online Payments 10 ® visionSearch .� 11 Job Application Manager 12 Outreach, Media& Social Networking 13 eNotification Tool 14 A Emergency Alerts 15 ® RSS Feeds 16 Facebook &Twitter Feed Readers 17 167�, Audio & Video Embedding 18 - W Photo Gallery & Slide Show � 19 20 - j- j visionSocial - - 0 Streaming Video Center 21 - - Developer Features 22 - yImport/Export 23 - - a APIs 24 Sandbox Test Environment 25 26 27 28 40 1 1) Additional Interactive Components and Features 2 (a) None at this time. 3 2) VCMS Licensing Services include: 4 (a) Periodic functional enhancements. 5 (b) New visionLiveTM Interactive Components that may be 6 released from time to time by CONTRACTOR. 7 (c) Bug fixes to the VCMS code. 8 (d) Updates to provide compatibility to future versions of 9 Supported Web Browsers (as listed in Addendum A) within 10 three months of their release. Compatibility with previous 11 versions of Supported Web Browsers is not guaranteed. 12 (e) SYSTEM UPDATES. From time to time CONTRACTOR will 13 develop and provide System Updates to COUNTY for the 14 COUNTY'S licensed CONTRACTOR software. System 15 Updates shall be subject to the terms and conditions of this 16 Agreement and shall be deemed licensed System Software 17 hereunder and will be made available to COUNTY at no 18 additional charge to COUNTY. System Updates will be made 19 available to COUNTY at the discretion of CONTRACTOR but 20 will not be unreasonably withheld. 21 3) VCMS Licensing Services do not include: 22 (a) Optional Interactive Components. 23 (b) Modules, Programs, or Software Applications. 24 (c) Conversion to new platforms. 25 (d) Modification of third-party products. 26 (e) Compatibility with Client's third-party products. 27 (f) Website design services. 28 41 1 (g) NEW PRODUCTS. CONTRACTOR may from time to time 2 release new software with capabilities substantially different 3 from or greater than the System Software ("New Products") 4 and which therefore do not constitute System Updates. 5 These New Products will be made available to COUNTY 6 upon terms and at a cost not to exceed CONTRACTOR`s 7 then standard rates for customers similarly situated. 8 (h) All other services not expressly provided for in the Agreement 9 and its applicable Exhibit(s). 10 B) Customizations. 11 The following are customizations provided in Client's project: None. 12 Unless Client has retained other Services from CONTRACTOR under 13 the applicable Addendum, Client is solely and exclusively responsible for 14 all services not expressly provided for in this Addendum. Any changes, 15 alterations or modification requested by the Client to its Website may be 16 subject to a fee to be quoted by a CONTRACTOR representative at the 17 time of the request. Client may, at any time, upgrade from its current 18 edition to either a Standard or Plus Edition, as applicable. Client may not, 19 during the Initial Term (defined below) or any renewal term, downgrade 20 from its current edition to either a Standard or Basic Edition, as applicable. 21 Client acknowledges that the Subscription Services may be modified or 22 improved because of the dynamic nature of technology. CONTRACTOR 23 may, from time to time, make minor modifications to the Subscription 24 Services, as a whole or any part thereof. Such minor modifications may be 25 implemented at any time and without notice to Client. Continued use of the 26 Subscription Services following any modification shall constitute binding 27 acceptance of the modification. 28 42 1 C) Documentation 2 CONTRACTOR shall provide to COUNTY System Documentation, 3 which shall consist of electronic media files. The electronic media files 4 must be printable using PC software normally available at COUNTY. 5 CONTRACTOR shall provide new System Documentation corresponding 6 to all new Software Upgrades. COUNTY may print additional copies of all 7 documentation. All System Documentation is to be used by COUNTY only 8 for the purposes identified within this Agreement. 9 D) TECHNICAL INFORMATION 10 CONTRACTOR will provide technical information to COUNTY from 11 time to time. Such information may cover areas such as Vision Live 12 usage, third party software, and other matters considered relevant to 13 COUNTY by CONTRACTOR. Technical information will be provided at the 14 discretion of CONTRACTOR, but will not be unreasonably withheld. 15 E) OPERATING SYSTEM UPDATES 16 The application must run on a client operating system that is 17 consistently and currently supported by the operating system vendor. 18 Applications under maintenance are expected to always be current in 19 regards to the required client O/S. No outdated or unsupported client O/S 20 will be implemented on the production network. CONTRACTOR is 21 expected to keep their software current in order to operate in this 22 environment. Patches may include critical O/S updates and security 23 patches. 24 F) ANTI-VIRUS MANAGEMENT 25 CONTRACTOR will actively run anti-virus management, where 26 appropriate, on all application servers and PCs. The application is 27 expected to perform adequately while anti-virus management is active. 28 43 1 G) ADHERE TO CHANGE CONTROL PROCESS 2 COUNTY employs a procedure to implement updates, upgrades, and 3 version releases to a system that is in production use. This forum allows 4 ISD to inform staff (Help Desk, Network, Server, Database, Security, and 5 Analysts) of upcoming changes to a production system. CONTRACTOR 6 must inform ISD a minimum of 1 week prior to any planned, non- 7 emergency changes so that the Change Control Process may be followed. 8 H) PRIVACY REQUIREMENTS 9 CONTRACTOR shall be responsible for the following privacy and 10 security safeguards: 11 To the extent required to carry out the assessment and authorization 12 process and continuous monitoring, to safeguard against threats and 13 hazards to the security, integrity, and confidentiality of any COUNTY data 14 collected and stored by the CONTRACTOR, CONTRACTOR shall afford 15 the COUNTY access as necessary at CONTRACTOR's discretion, to the 16 CONTRACTOR's facilities, installations, and technical capabilities. 17 If new or unanticipated threats or hazards are discovered by either the 18 COUNTY or the CONTRACTOR, or if existing safeguards have ceased to 19 function, the discoverer shall immediately bring the situation to the 20 attention of the other party. 21 1) PROTECTION OF INFORMATION 22 CONTRACTOR shall be responsible for properly protecting all 23 information used, gathered, or developed as a result of work under this 24 Agreement. CONTRACTOR shall also protect all COUNTY data, 25 equipment, etc. by treating such information as sensitive. It is anticipated 26 that this information will be gathered, created, and stored within the 27 Primary Work Location. Should CONTRACTOR personnel remove any 28 44 1 information from the Primary Work Location, CONTRACTOR shall protect 2 such information to the same extent it would its own proprietary data 3 and/or company trade secrets. The use of any information subject to the 4 Privacy Act will be utilized in full accordance with all rules of conduct 5 applicable to Privacy Act Information. Notwithstanding the foregoing, 6 COUNTY may not gather, create, or store bank account information, 7 cardholder information, or personally identifiable information such as 8 addresses, driver records, birthdates, or the like on the System and at the 9 Primary Work Location. 10 COUNTY will retain unrestricted rights to COUNTY data. The 11 COUNTY retains ownership of any user created/loaded data and 12 applications hosted on CONTRACTOR's infrastructure, as well as 13 maintains the right to request full copies of these at any time. 14 Data processed and stored by the various applications within the 15 network infrastructure shall not contain bank account information, 16 cardholder information, and other financial information, as well as 17 personally identifiable information (PII). This data and PH shall be 18 protected against unauthorized access, disclosure, modification, theft, or 19 destruction. CONTRACTOR shall ensure that the facilities housing the 20 network infrastructure are physically secure. 21 The data must be available to the COUNTY upon request within a 22 reasonable timeframe, and shall not be used for any other purpose other 23 than that specified herein. The CONTRACTOR shall provide requested 24 data via File Transfer Protocol to COUNTY'S FTP account and shall be 25 billed at CONTRACTOR'S then-prevailing rate for Technical Support, 26 which is currently $105.00/hour. 27 28 45 1 No data shall be released by the CONTRACTOR without the consent 2 of the COUNTY in writing. All requests for release must be submitted in 3 writing to the COUNTY. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46 1 EXHIBIT D PART I: INTRANET SYSTEM INSTALLATION 2 3 A) Included Services 4 Pursuant to the terms herein, CONTRACTOR agrees to provide intranet 5 development services as provided below in exchange for payment of fees and 6 compliance with the terms and conditions of this Exhibit D and the Agreement. 7 Intranet development services, as specified in CONTRACTOR's Response to 8 RFP No 208-5465, include the following: 9 1) Complete COUNTY's main website project 10 2) Replicate the main website including components such as calendar, 11 news, etc., but excluding optional components provided for an 12 additional fee 13 3) Implement the approved Intranet design 14 4) Migrate or add up to 25 pages 15 5) Responsive Design 16 6) Launch the website behind a firewall network 17 B) Additional Intranet Development Terms and Conditions 18 The Intranet will be compatible with Internet Explorer 9, 10, and 11, and the 19 latest released version of Chrome and Firefox at the time of Completion. The 20 Intranet may not be compatible with previous or future versions. Client 21 understands and agrees that the intranet will be developed with Hypertext Markup 22 Language ("HTML"), CSS, JavaScript, and Microsoft ASP.NET ("MS-ASP") 23 interfaced with a database created in Microsoft SQL Server ("MS-SQL"). Client 24 understands and agrees that the website is developed to run on a Microsoft 25 Windows Server 2012 ("MS-Server"), or later. Responsive Website Design with 26 visionMobile DesignerTM mobile browsers will be compatible with the latest 27 released versions at the time of Completion of iOS Safari, Android Chrome, and 28 47 1 Windows Phone 7 Internet Explorer, but may not be compatible with previous or 2 future versions. Client is responsible for the costs of all third-party software 3 licensing. All of the web browsers listed in this section, and any others added by 4 CONTRACTOR at its discretion are herein referred to collectively as the 5 "Supported Web Browsers". 6 7 8 PART II: visionLiveTM subscription services, Standard edition 9 A) Included Subscription Services 10 Pursuant to the terms herein, CONTRACTOR agrees to provide Hosting 11 Services, Support Services, and VCMS Licensing Services (collectively 12 "Subscription Services") as provided below. CONTRACTOR will provide 13 Subscription Services to the Client in exchange for payment of fees and 14 compliance with the terms and conditions of this Addendum and the Agreement. 15 Subscription Services include the following: 16 (1) Hosting Services. CONTRACTOR will provide shared website 17 hosting on a Microsoft Windows Server and shared database hosting on a 18 Microsoft SQL Server for one (1) unique VCMS intranet. The shared server 19 hosting service includes: 20 (a) SOC-certified datacenter 21 1) Full hardware redundancy 22 2) Redundant generator backup 23 3) Daily data backups 24 4) Intrusion protection 25 5) 24/7 monitoring 26 6) 99.9% uptime 27 7) DDoS mitigation service 28 48 1 8) Up to 250 GB of website content storage 2 3 A. Downtime. "Downtime" shall be defined as System non- 4 availability due to System Software error, malfunction, or Warranted 5 Problem, or due to System Maintenance activity other than in 6 accordance with the scheduling parameters set forth in this 7 Agreement. Examples of Downtime include, without limitation: 8 (i) One (1) or more COUNTY facilities cannot access the 9 System for reasons within CONTRACTOR'S Control; 10 or 11 (ii) Any functional Component of the System or Interface 12 is not available and is within CONTRACTOR'S control. 13 COUNTY requires that there be no unscheduled Downtime for 14 routine maintenance of the Application Software. COUNTY will 15 accept occasional scheduled Downtime for significant non-routine 16 Updates and maintenance to be scheduled by CONTRACTOR. 17 Non-routine maintenance includes such tasks as major System 18 Software version Updates. CONTRACTOR shall use its best 19 efforts to keep scheduled Downtime for non-routine maintenance to 20 a minimum and if required. 21 (2) Support Services 22 Support Services is defined as technical support, account management, 23 and education and training for the unmodified VCMS. First Production Use will be 24 identified by COUNTY and communicated to CONTRACTOR. CONTRACTOR will 25 support day-to-day operation of the System as follows: 26 CONTRACTOR will provide Support Services to a designated Client 27 account manager, system administrator or webmaster. Technical support is 28 49 1 generally available by email and telephone from 6:00 AM to 6:00 PM Pacific Time 2 Monday through Friday excluding holidays ("Business Hours"), with emergency 3 support available 24 hours a day, 7 days a week. An emergency is defined as 4 Client's website being down for more than ten (10) minutes. 5 Support Services also include: 6 (b) Dedicated Account Manager 7 (c) Account Management* 8 (i) Semi-annual account reviews (Health Checks) 9 (ii) Semi-annual site analytics report 10 11 (iii) Semi-annual graphics site audit 12 (iv) Up to 15 hours of site improvement cronpedits** 13 * Health Checks, Site Analytics Report and Graphics Site Audit will not be performed until the 14 second year of the Agreement and every year thereafter. 15 ** Fifteen site improvement credits will be available beginning the second year of the 16 Agreement and every year thereafter within the Initial Term.Any unused hours in a given 17 year may be carried over to the following year within the Initial Term. Site improvement 18 credits expire at the end of the Initial Term and will not carry over beyond the Initial Term. 19 (d) Education and Training 20 (i) Training and best practices webinars 21 (ii) Access to On-Demand Training Library 22 (iii) On-going new feature training (via remote meeting 23 service) 24 (iv) Monthly office hours (via remote meeting service) 25 26 27 28 50 1 (3) VCMS Licensing Services. 2 CONTRACTOR will provide a license to the Standard edition of the VCMS, 3 which includes the following functionalities indicated by the applicable check 4 marks: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51 1 2 3 vision Standard editions Editi(jn 4 5 visionLiVeTm 6 Site Administration&Security 7 M Advanced WYSIWYG Editor 8 ® In-page Editing ✓ il�Wl user Management & Security 9 - - - Navigation Management 10 (� Accessibility Features ✓ 11 visionMobile Designer 12 G Approval Cycle 13 Q Mega Menu Designer 14 Extranet (Password Protected External Content) 15 IUsseer Experience& Interactivity 16 I_I Calendar FAQ s 17 ® Facility Directory 18 r{: Staff Directory 19 � service Directory 20 Google Translation ✓ 21 ,11.J Online Form Builder 22 News Postings ✓ 23 Job Posts ✓ 24 -� Facilities/Events Registration Online Polling 25 Citizen Request Management Tool 26 Business Directory 27 'Requires an implementation fee 28 52 1 2 3 vision Standard 4 editions Edition 5 15 RFP Posts 6 �� Online Payments ✓ ®7 visionSearch �NI/- OEM Job Application Manager 8 Outreach.Media&Social Networking 9 eNotification Tool 16 0 Emergency Alerts 11 ® RSS Feeds 12 C© Facebook &Twitter Feed Readers f10J,13 Audio&Video Embedding - Photo Gallery &Slide Show 14 n© visionSocial ✓ 15 l�l Streaming Video Center ✓ 16 Developer Features 17 * Import/Export 18 lap APIs ✓ A Sandbox Test Environment 19 SupportOn-going 20 Lod, Site Improvement Credits (annual) Up to 15 Hours 21 -a Dedicated Account Manager ✓ 22 Y7 Health Checks (Account Review) Annual 23 Site Analytics Report Annual Graphics Site Audit Annual 24 - Training& Best Practice Webinars 25 Access to On-Demand Training Library ✓ 26 On-going New User Training (Via WebEx) 27 •i y Monthly Office Hours (Via WebEx) %/ unused site Improvement Credits can be rolled over from year to year during the Initial term or your 28 customer agreement. 53 1 1) Additional Interactive Components and Features 2 (a) None at this time. 3 2) VCMS Licensing Services include: 4 (a) Periodic functional enhancements. 5 (b) New visionLiveTM Interactive Components that may be 6 released from time to time by CONTRACTOR. 7 (c) Bug fixes to the VCMS code. 8 (d) Updates to provide compatibility to future versions of 9 Supported Web Browsers (as listed in Addendum A) within 10 three months of their release. Compatibility with previous 11 versions of Supported Web Browsers is not guaranteed. 12 (e) SYSTEM UPDATES. From time to time CONTRACTOR will 13 develop and provide System Updates to COUNTY for the 14 COUNTY'S licensed CONTRACTOR software. System 15 Updates shall be subject to the terms and conditions of this 16 Agreement and shall be deemed licensed System Software 17 hereunder and will be made available to COUNTY at no 18 additional charge to COUNTY. System Updates will be made 19 available to COUNTY at the discretion of CONTRACTOR but 20 will not be unreasonably withheld. 21 3) VCMS Licensing Services do not include: 22 (a) Optional Interactive Components. 23 (b) Modules, Programs, or Software Applications. 24 (c) Conversion to new platforms. 25 (d) Modification of third-party products. 26 (e) Compatibility with Client's third-party products. 27 (f) Website design services. 28 54 1 (g) NEW PRODUCTS. CONTRACTOR may from time to time 2 release new software with capabilities substantially different 3 from or greater than the System Software ("New Products") 4 and which therefore do not constitute System Updates. 5 These New Products will be made available to COUNTY 6 upon terms and at a cost not to exceed CONTRACTOR`s 7 then standard rates for customers similarly situated. 8 (h) All other services not expressly provided for in the Agreement 9 and its applicable Exhibit(s). 10 B) Customizations. 11 The following are customizations provided in Client's project: None. 12 Unless Client has retained other Services from CONTRACTOR under 13 the applicable Addendum, Client is solely and exclusively responsible for 14 all services not expressly provided for in this Addendum. Any changes, 15 alterations or modification requested by the Client to its Website may be 16 subject to a fee to be quoted by a CONTRACTOR representative at the 17 time of the request. Client may, at any time, upgrade from its current 18 edition to either a Standard or Plus Edition, as applicable. Client may not, 19 during the Initial Term (defined below) or any renewal term, downgrade 20 from its current edition to either a Standard or Basic Edition, as applicable. 21 Client acknowledges that the Subscription Services may be modified or 22 improved because of the dynamic nature of technology. CONTRACTOR 23 may, from time to time, make minor modifications to the Subscription 24 Services, as a whole or any part thereof. Such minor modifications may be 25 implemented at any time and without notice to Client. Continued use of the 26 Subscription Services following any modification shall constitute binding 27 acceptance of the modification. 28 55 1 C) Documentation 2 CONTRACTOR shall provide to COUNTY System Documentation, which 3 shall consist of electronic media files. The electronic media files must be printable 4 using PC software normally available at COUNTY. CONTRACTOR shall provide 5 new System Documentation corresponding to all new Software Upgrades. 6 COUNTY may print additional copies of all documentation. All System 7 Documentation is to be used by COUNTY only for the purposes identified within 8 this Agreement. 9 D) TECHNICAL INFORMATION 10 CONTRACTOR will provide technical information to COUNTY from time to 11 time. Such information may cover areas such as Vision Live usage, third party 12 software, and other matters considered relevant to COUNTY by CONTRACTOR. 13 Technical information will be provided at the discretion of CONTRACTOR, but will 14 not be unreasonably withheld. 15 E) OPERATING SYSTEM UPDATES 16 The application must run on a client operating system that is consistently 17 and currently supported by the operating system vendor. Applications under 18 maintenance are expected to always be current in regards to the required client 19 O/S. No outdated or unsupported client O/S will be implemented on the 20 production network. CONTRACTOR is expected to keep their software current in 21 order to operate in this environment. Patches may include critical O/S updates 22 and security patches. 23 F) ANTI-VIRUS MANAGEMENT 24 CONTRACTOR will actively run anti-virus management, where 25 appropriate, on all application servers and PCs. The application is expected to 26 perform adequately while anti-virus management is active. 27 28 56 1 G) ADHERE TO CHANGE CONTROL PROCESS 2 COUNTY employs a procedure to implement updates, upgrades, and 3 version releases to a system that is in production use. This forum allows ISD to 4 inform staff (Help Desk, Network, Server, Database, Security, and Analysts) of 5 upcoming changes to a production system. CONTRACTOR must inform ISD a 6 minimum of 1 week prior to any planned, non-emergency changes so that the 7 Change Control Process may be followed. 8 H) PRIVACY REQUIREMENTS 9 CONTRACTOR shall be responsible for the following privacy and security 10 safeguards: 11 To the extent required to carry out the assessment and authorization 12 process and continuous monitoring, to safeguard against threats and hazards to 13 the security, integrity, and confidentiality of any COUNTY data collected and 14 stored by the CONTRACTOR, CONTRACTOR shall afford the COUNTY access 15 as necessary at CONTRACTOR's discretion, to the CONTRACTOR's facilities, 16 installations, and technical capabilities. 17 If new or unanticipated threats or hazards are discovered by either the 18 COUNTY or the CONTRACTOR, or if existing safeguards have ceased to 19 function, the discoverer shall immediately bring the situation to the attention of the 20 other party. 21 1) PROTECTION OF INFORMATION 22 CONTRACTOR shall be responsible for properly protecting all information 23 used, gathered, or developed as a result of work under this Agreement. 24 CONTRACTOR shall also protect all COUNTY data, equipment, etc. by treating 25 such information as sensitive. It is anticipated that this information will be 26 gathered, created, and stored within the Primary Work Location. Should 27 CONTRACTOR personnel remove any information from the Primary Work 28 57 1 Location, CONTRACTOR shall protect such information to the same extent it 2 would its own proprietary data and/or company trade secrets. The use of any 3 information subject to the Privacy Act will be utilized in full accordance with all 4 rules of conduct applicable to Privacy Act Information. Notwithstanding the 5 foregoing, COUNTY may not gather, create, or store bank account information, 6 cardholder information, or personally identifiable information such as addresses, 7 driver records, birthdates, or the like on the System and at the Primary Work 8 Location. 9 COUNTY will retain unrestricted rights to COUNTY data. The COUNTY 10 retains ownership of any user created/loaded data and applications hosted on 11 CONTRACTOR's infrastructure, as well as maintains the right to request full 12 copies of these at any time. 13 Data processed and stored by the various applications within the network 14 infrastructure shall not contain bank account information, cardholder information, 15 and other financial information, as well as personally identifiable information (PII). 16 This data and PH shall be protected against unauthorized access, disclosure, 17 modification, theft, or destruction. CONTRACTOR shall ensure that the facilities 18 housing the network infrastructure are physically secure. 19 The data must be available to the COUNTY upon request within a 20 reasonable timeframe, and shall not be used for any other purpose other than that 21 specified herein. The CONTRACTOR shall provide requested data via File 22 Transfer Protocol to COUNTY'S FTP account and shall be billed at 23 CONTRACTOR'S then-prevailing hourly rate for Technical Support, which is 24 currently $105.00. 25 No data shall be released by the CONTACTOR without the consent of the 26 COUNTY in writing. All requests for release must be submitted in writing to the 27 COUNTY. 28 58 1 Exhibit E 2 XXI. SERVICE LEVELS for VISION LIVETM SUBSCRIBERS 3 By way of example, but not by limitation, a compilation of the deadlines 4 stated herein is included below for convenience or reference by Vision and the 5 Subscriber. 6 7 Level 1 Error Level 2 Error Service Level 3 8 Service Level Request 9 Required (time measured from initial report of Error or Extra Work 10 request to Vision) 11 Initial Response Due 2 business hours 4 business hours 40 business hours 12 Correction Required 4 business hours As mutually As mutually 13 agreed, or next agreed 14 1 update cycle 15 Escalation 2 hours 2 business days N/A 16 17 XXII. CLASSIFICATION OF SERVICES. 18 Services are classified as follows: 19 A) Service Level 1 Error: 20 An error, which there is no means of circumvention, causing (a) the 21 Vision-hosted website to be unreachable by public users, or (b) non- 22 authorized content to be displayed on the Vison-hosted website (i.e. 23 hacking). Vision is not responsible for downtime or errors associated with 24 denial of service attacks, distributed denial of service attacks, or 25 Subscriber's DNS server unless the DNS server is hosted by the Vision. 26 Subscriber will check uptime of website via IP address prior to reporting 27 an Error to Vision. A Level 1 Error does not affect On-Premise 28 Subscribers. A Level 1 Error is sometimes referred to as "Critical" and 59 1 may be attributed to the content management tool or third-party software 2 "crashing" Vision's server, Vision's hardware failure, or an attack, hack, or 3 virus on Vision's server, hardware, or system(s). 4 B) Service Level 2 Error: 5 An error, which (a) there is no means of circumvention, (b) renders an 6 essential component of the content management tool non-functioning, (c) 7 the Subscriber has encountered while performing regular updates to the 8 website, and (d) did not occur at the time of the website launch. A Level 2 9 Error is sometimes referred to as "Urgent', and usually requires 10 debugging of programming code. 11 C) Service Level 3 Request: 12 A request for programming code and/or graphic changes that the 13 Subscriber would like Vision to perform. These changes may include 14 changing programming logic, adding functionality or features, creating new 15 templates, adding new graphics, or modifying existing graphics. A Service 16 Level 3 Request is sometimes referred to as "Extra Work" and will be 17 billed at prevailing hourly rates. 18 XXIII. SERVICE LEVEL CORRECTION. 19 For Level 1 and Level 2 Errors, Subscriber may call 888-263-8847 at any 20 time (seven (7) days a week, twenty four (24) hours a day) to report an Error. For 21 Service Level 3 Requests, Subscriber may call 888-263-8847 during normal 22 business hours (6 a.m. to 6 p.m. PST, Monday through Friday, excluding Federal 23 and California State holidays), or email accountmanager@visioninternet.com, or 24 submit the request via Vision's support services tool. Vision generally responds to 25 and resolves reported Service Level Errors in accordance with the table above. 26 Vision shall use commercially reasonable efforts to resolve a Level 2 Error 27 as mutually agreed by the Subscriber and Vision. All other errors affecting non- 28 60 1 essential components of the content management tool, or errors that can be 2 reasonably circumvented, but requires debugging of programming code, will be 3 corrected during the next regular update cycle. 4 XXIV. ESCALATION PROCEDURE. In the event Vision has been unable to provide 5 either a permanent or a mutually acceptable temporary resolution within the 6 applicable timeframes set forth in Section B above, Vision shall initiate the 7 following escalation procedures. 8 A) Level 1 Errors: 9 If a Level 1 Error is not corrected within two (2) hours following the 10 report of Error, Vision technicians attempting to correct the situation shall 11 notify Vision's Director of Network Operations, who will immediately 12 become personally involved in resolving the problem. Vision shall keep 13 Subscriber apprised of the status of its efforts to correct the Error at no 14 less than eight (8) hour intervals. 15 B) Service Level 2 Errors: 16 If a Service Level 2 Error is not corrected within two (2) business days 17 following the report of Error, Vision technicians attempting to correct the situation 18 shall notify Vision's Director of Software Development, who will immediately 19 become personally involved in resolving the problem. Vision shall keep 20 Subscriber apprised of the status of its efforts to correct the Error at no less than 21 weekly intervals. 22 23 24 25 26 27 28 61 1 Exhibit F 2 I. SELF-DEALING TRANSACTION DISCLOSURE FORM 3 In order to conduct business with the County of Fresno (hereinafter 4 referred to as "County"), members of a CONTRACTOR's board of directors 5 (hereinafter referred to as "County CONTRACTOR"), must disclose any self- 6 dealing transactions that they are a party to while providing goods, performing 7 services, or both for the County. A self-dealing transaction is defined below: 8 "A self-dealing transaction means a transaction to which the corporation is 9 a party and in which one or more of its directors has a material financial interest" 10 The definition above will be utilized for purposes of completing this 11 disclosure form. 12 II. INSTRUCTIONS 13 Enter board member's name, job title (if applicable), and date this 14 disclosure is being made. 15 (1) Enter the board member's company/agency name and address. 16 (2) Describe in detail the nature of the self-dealing transaction that is being 17 disclosed to the County. At a minimum, include a description of the following: 18 I. The name of the agency/company with which the corporation has the 19 transaction; and 20 II. The nature of the material financial interest in the Corporation's 21 transaction that the board member has. 22 (3) Describe in detail why the self-dealing transaction is appropriate based on 23 applicable provisions of the Corporations Code. 24 (4) Form must be signed by the board member that is involved in the self- 25 dealing transaction described in Sections (3) and (4). 26 27 28 62 1 2 (1)Company Board Member Information: Name: Date: 3 Job Title: 4 (2)Company/Agency Name and Address: 5 6 7 8 9 10 (3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to): 11 12 13 14 15 16 17 18 19 (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a): 20 21 22 23 24 25 26 (5)Authorized Signature 27 Signature: Date: 28 63 EXHIBIT A Fresno County Request for Proposal #208-5465 COUNTY OF FRESNO REQUEST FOR PROPOSAL NUMBER: 208-5465 WEB CONTENT MANAGEMENT SYSTEM (WCMS) Issue Date: April 8, 2016 Closing Date: MAY 12, 2016 Proposal will be considered LATE when the official Purchasing time clock reads 2:00 P.M. Questions regarding this RFP should be directed to: Louann M. Jones, phone (559) 600-7118 or e-mail liones(a-co.fresno.ca.us. Check County of Fresno Purchasing's website at https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aspx for any future addenda. Please submit all Proposals to: County of Fresno - Purchasing 4525 E. Hamilton Avenue, 2nd Floor Fresno, CA 93702-4599 BIDDER TO COMPLETE Undersigned agrees to famish the commodity or service stipulated in the attached response at the prices and terms stated,subject to the attached `County of Fresno Purchasing Standard Instructions And Conditions For Requests For Proposals(RFP's)And Requests For Quotations(RFQ's)". COMPANY ADDRESS CITY STATE ZIP CODE TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS SIGNATURE(IN BLUE INK) PRINT NAME TITLE PURCHASING USE:GEC:ssj ORG/Requis ition:8905/8905160643 G:APublicARFP\FY2015-16\208-5465 Web Content Ntnagement System\208-5465 Web Content Ntnagement System.doc PaO40(11/2015) Proposal No. 208-5465 COOP FMNO PURC IASM STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS(RFP'S)AND REQUESTS FOR QUOTATIONS(RFQ'S) Note:the reference to'bids"in the following paragraphs applies to RFD's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION contact for discussions or information pertaining to the RFP/RFQ. A) All prices and notations must be typed or written in ink No erasures Contact with any other County representative, including elected pemutted. Emirs maybe crossed out initialed and corrections printed officials,for the purpose of discussing this RFP/RFQ,its content,or in inkb eison s bid. any other issue concerning it, is prohibited unless authorized by ypg Purchasing.Vrolationofthis clause,bythevendorhavingunauthorized B) Brand Names: Brand names and numbers when given are for contact(verbally or in writing)with such other Countyrepresentatives, reference.Equal items will be considered,provided the offer clearly may constitute grounds for rejection by Purchasing of the vendor's describes the article and how it digs from that specified. In the quotation. absence of such information it shall be understood the offering is The above stated restriction on vendor contact with County exactly as specified. representatives shall apply until the County has awarded a purchase C) State brand or make of each item. Ifbidding on other than specified, orderor contract to a vendoror vendors,except as follows.First,in the state make, model and brand being bid and attach supporting event that a vendor initiates a formal protest against the RFP/RFQ, literature/specifications to the bid. such vendor may contact the appropriate individual,or individuals who are managing that protest as outlined in the County's established D) Bid on each item separately. Prices shouklbe stated in units specified protest procedures.All such contact must be in accordance with the herein. All applicable charges mustbe quoted;charges on invoice not sequence set forth under the protest procedures.Second,in the event quoted herein will be disallowed. a public hearing is scheduledbefare the Board of Supervisors to hear E) Time of delivery is a part of the consideration and mast be stated in testimony prior to its approval of a purchase order or contract,any definite terms and must be adhered to. F.O.B. Point shall be vendor may address the Board. destination or freight charges must be stated. D) Bids received after the closing time will NOT be considered. F) All bids must be dated and signed with the fimn's name and by an E) Bidders are to bid what is specified or requested fast.Funable to or authorized officer or employee. unwilling to, bidder may bid alternative or option, indicating all G) Unless otherwise noted,prices shall be firm for one hundred eighty advantages,disadvantages and their associated cost. (180)days after closing date ofbid. F) Public Contract Code Section 7028.15 2. SUB?vf1`1 VGBIDS: Where the State of California requires a Contractor's license,it is a A) Each bid must be submitted on forams provided in a sealed misdemeanor for any person to submit a bid unless specifically envelope/package with bid number and closing date and time on the exempted. outside of the envelope/package. 3. FAiQJRE TO BID B) Interpretation:Should any discrepancies or omissions be found in the A) Ifnot bidding,return bid sheet and state reason for no bid or your bid specifications or doubt as to their meaning,the bidder shall notify name may be removed from marling list. the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be 4. TAXES,CHARGES AND EXTRAS: received by Purchasing stated within this document. All addenda A) County of Fresno is subject to Califomia sales and/or use tax issued shall be in writing,duly issued by Purchasing and incorporated (8.2251/o).Please indicate as a separate line item if applicable. into the contract. C) ISSUINGAGENT/AUIHORV EDCONTACT:This RFP/RFQ has been B) DO NOT include Federal Excise Tax County is exempt under issued by County of Fresno, Purchasing. Purchasing shall be the Registration No.94-73-03401-K vendor's sole point ofcontact with regard to the RFP/RFQ,its content, C) County is exempt from Federal Transportation Tax Exemption and all issues concerning it. certificate is not required where shipping papers show consignee as All communication regarding this RFP/RFQ shall be directed to an CountyofFresno. authorized representative of County Purchasing.The specific buyer D) Charges for transportation,containers,packing,etc.will not be paid managing this RFP/RFQ is identified on the cover page,along with his unless specified in bid. or her telephone number,and he or she shouldbe the primary point of I Proposal No. 208-5465 5. W-9 —REQUEST FOR TAXPAYER IDENTIFICATION NUNUER AND any,orbysuitagainstthe vendor.The prices paidbythe Countyshall CERTIFICATION&CAUFORNIAFORM590 WTIHHOIDINGEXENPTION be consideredthe prevailing market price atthe time suchpurchase is CERTIFICATE: made. Upon award of bid, the vendor shall submit to County Purchasing, a B) Articles or services, which upon delivery inspection do not meet completed IRS Form W-9-Request for Taxpayer Identification Number and specifications,will be rejected and the vendor will be considered in Certification and a California Form590 Withholding Exemption Certificate if default.Vendor shall reimburse Countyfor expenses related to delivery not currently a County ofFresno approved vendor. ofnon-specified goods or services. 6. AWARDS: C) Regardless of F.O.B.point,vendor agrees to bear all risks of loss, N Award(s)will be made to the most responsive responsible bidder, irJuryordestructiontogoods andmaterials ordered herein which occur however, the Fresno County Local Vendor Preference and/or the prior to delivery and such loss,injury or destruction shall not release Disabled Veteran Business Enterprise Preference shall take vendor from any obligation hereunder. precedencewhenapplicable. Said Preferences apply only to Request 11. DISCOUNTS: for Quotations for materials, equipment and/or supplies only (no Terms services);the preference do not apply to Request for Proposals.RFQ ofk;ss than fifteen(15)days for cash payment win be considered as evaluations will include such things as life-cycle cost, availability, net in evaluating this bid.Adiscount for payment within fi$een(15)days or deliverycostsandwhoseproductand/orserviceisdeemedtobeinthe �rewn7lbe considered indetemiining the awardofbid Discount period wn7l best interest of the County. The County shall be the sole judge in St n either the later of delivery or receipt of invoice by the County. andardand t t erm are Net forty-five(45)days. making such determination. St B) Unless bidder gives notice of all-or-none award in bid,County may 12. SPECIAL COMMONS INBID SCHEDULE SUPERSEDE GENERAL accept any item,group ofitems or on the basis oftotal bid CONDITIONS. C) The County reserves the right to reject any and all bids and to waive The`General Conditions"provisions ofthis RFP/RFQ shallbe superseded if informalities or irregularities in bids. in conflict with any other section ofthis bid,to the extent ofany such conflict. D) AwurrlNotices are tentative:Acceptance ofan offermade inresponse 13. SPECIAL REQUIREMENT: to this RFP/RFQ shall occur only upon execution ofan agreement by With the invoice or wither twenty-five(25)days of delivery,the seller must both parties or issuance of a valid written Purchase Order by Fresno provide to the County a Material Safety Data Sheet for each product,which County Purchasing. contains any substance on "Ihe List of 800 Hazardous Substances", E) Affer award,all bids shall be open to public inspection.The County published by the State Director of Industrial Relations. (See Hazardous assumes no responsibility for the confidentialityofinfomnationoffered Substances hrfomnation and Training Act, California State Labor Code in a bid Sections 6360 through 6399.7.) 7. TIE BIDS: 14. RECYCLED PRODUCTSNIATERLALS: All other factors being equal,the contract shall be awarded to the Fresno Vendors are encouraged to provide and quote(with documentation)recycled County vendor or,if neither or both are Fresno County vendors,it may be or recyclable products/materials which meet stated specifications. awarded by the flip of coin in the presence ofwitriesses or the entire bid 15. YEAR CONPIIANCE WARRANTY: maybe rejected and re-bid.If the General Requirements of the RFQ state that they are applicable,the provisions ofthe Fresno County Local Vendor Vendorwarrants that anyproduct firmished pursuant to this Agreement/order Preference shall take priority over this paragraph. shall support a four-digit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first 8. PATENT INDEMNITY: centuries,as well as leap year cakirlations.'Product"shall include,without The vendor shall hold the County, its officers, agents and employees, lunmitation, any piece or component of equipment, hardware, firumare, harmless from liabrlityofanynature or kind,including costs and expenses, middleware, custom or commercial software, or internal components or for infringement or use of any copyrighted or un-copyrighted composition, subroutines therein.This warranty shall survive termination or expiration of secret process, patented or unpatented invention, article or appliance this Agreement fimmished or used in connection with this bid In the event of any decrease in product functionality or accuracy related to 9. SANPIES: timeand/ordatedatarelatedcodesand/orinternalsubroutinesthatimpede the product from operating correctly using dates beyond December 31,1999, Samples,when required,must be firmished and delivered free and,if not vendor shall restore or repair the product to the same level offtactionalityas destroyed by tests,will upon written request(within thirty(30)days ofbid warranted herein, so as to minimize interruption to County's ongoing closing date)be returned at the bidder's expense.In the absence of such business process,time being ofthe essence.In the eventthatsuchwarranty notification, County shall have the right to dispose of the samples in compliance requires the acquisition ofadditional programs,the expense for whatever manner it deems appropriate. any such associated or additional acquisitions, which may be required, including,without limitation,data conversion tools,shall be borne exclusively 10. RIGHTS AND REl\�TNFR OF COUNTYFOR DEFAULT: by vendor.Nothing in this warranty shall be construed to limit any rights or A) In case of default by vendor,the County may procure the articles or remedies the County may otherwise have underthis Agreement with respect service from another source and may recover the cost difference and to defects other than year performance. related expenses occasioned thereby from anyunpaid balance due the vendor or by proceeding against performance bond of the vendor,if 1B Proposal No. 208-5465 16. PARTICIPATION authorized to work in the United States pursuant to the Immigration Bidder may agree to extend the terms of the resulting contract to other Reform and Control Act of 1986 and other applicable laws shall be political subdivision,municipalities and tax-supported agencies. employed in the performance of the murk hereunder. Such participating Governmental bodies shallmake purchases in their own B) CONTRACTOR shall obey allFedeml,State,localandspecialdistrict name,make payment directly to bidder,and be liable directly to the bidder, laws,ordinances and regulations. holding the County of Fresno harniess. 20. ALDM&RETENTION: 17. CONFIMNTIALITY: The Contractor shall maintain in good and legible condition all books, All services performed by vendor shall be in strict conformance with all documents,papers,data files and other records related to its performance applicable Federal, State of California and/or local laws and regulations underthis contract.Such records shallbe complete and available to Fresno relating to confidentiality,including but not limited to,California Civil Code, County, the State of California, the federal government or their duly California Welfare and hmstitutions Code,Health and Safety Code,California authorize d repre s entative s for the purpose ofauclk examination,or copying Code ofRegulations,Code ofFederal Regulations. during the tenn of the contract and for a period of at least three(3)years fallowing the County's finalpaymentunderthe contract oruntil conclusion of Vendor shall submit to County's monitoring of said compliance. anypending matter(e.g.,litigation or audit),whichever is later.Such records mustbe retained in the mannerdescnbedabove untilallpending matters are Vendormaybe abusiness associate ofCounty,as that term is defined in the closed. 'Privacy Rule"enactedbythe Health Insurance Portability and Accountability Act of 1996(HIPAA).As a HIPAABusiness Associate,vendor may use or 21. DISCLOSURE—C dMNALH1STORY&CNILACTIONS: disclose protected health information CPIIf')to perform functions,activities or services for or on behalfofCounty as specified by the County,provided Applies to Request for Proposal( tate does not apply to Request for that such use or disclosure shall not violate HIPAA and its implementing Quotation(RFQ)unless specifically stated elsewhere in the RFQdocrunent. regulations.The uses and disclosures if PHI may not be more expansive In their proposal,the bidder is required to disclose if any of the fallowing than those applicable to County,as the`Covered Entity"under H1PAA s conditions apply to them,their owners,officers,corporate mnanagen and PrivacyRule,exceptas authorized for management,administrative orlegal partners(hereinafter collectively referred to as`Bidden'): responsibilities ofthe Business Associate. • Withni the three-year period preceding the proposal,they have been Vendor shall not use or firther disclose PHI other than as pemnitted or convicted of or had a civil judgment rendered against them for required by the County,or as required by lawwithout written notice to the ��, o fraud or a cinnuial offense in connection with obtaining, attempting to obtain,or performing a public(federal,state, Vendor shall ensure that any agent,including any subcontractor,to which or local)transaction or contract murder a public transaction; vendorprovides PHlreceived from,or created or received by the vendor on behalfofCounty,shallcommmplywith the same restrictions and conditions with o violation ofa federal or state antitrust statute; respect to such information. o embezzlement, Chet forgery, bribery, falsification, or 18 APPEALS: destruction ofrecords;or Appeals must be submitted in writing within seven(7)worldng days after o false statements or receipt of stolen property notificationofproposedrecommnendationsforaward.A`isloticeofAward"is VAhinathreeyearperiod preceding theirproposal,theyhave had apublic not an indication ofCounty's acceptance ofan offermade in response to this transaction(federal,state,or local)terminated for cause or default. RFP/RFQ.Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 937024599 and in Word 22 DATASECURTIY: format to gcoruelle a)co.fiesno.ca.us.Appeals should address only areas regarding RFP/RFQ contradictions,procurement errors, quotation rating Individuals and/oragencies that enterintoa contractual relationship withthe discrepancies, legality of procurement context, conflict of interest, and COUNTY for the purpose of providing services must employ adequate inappropriate or unfair competitive procurement grievance regarding the controls and data securitymeasures,both internally and extemallytoensure RFP/RFQ process. andprotect the confidential information and/ordata provided to contractorby the COUNTY,preventing the potential loss,misappropriation or inadvertent Purchasing will provide a written response to the complainant within seven access,viewing,use or disclosure ofCOUNTYdata including sensitive or (7)working days unless the complainant is notified more time is required. personnalclient information;abuse ofCOUNIYresources;and/ordismption If the protesting bidder is not satisfied with the decision of Purchasing, to COUNIYoperations. he/she shall have the might to appeal to the Purchasing Agent/CAO within Individuals and/or agencies may not connect to or use COUNTY seven(7)working days after Purchasing's notification,except i(notified to networks/systems via personally owned mobile, wireless or handheld appeal directly to the Board ofSupervisors at the scheduled date and time. devices unless authorized by COUNTY for telecommuting purposes and If the protesting bidder is not satisfied with Purchasing Agent/CAD's provide a secure connection;up to date virus protection and mobile devices decision,the final appeal is with the Board of Supervisors. must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices maynotbe used(COUNTYor 19. OBLIGATIONS OF CONTRACTOR Contractor device) or brought in for use into the COUNTY's system(s) A) CONTRACTOR shall perform as required by the ensuing contract without prior authorization fromC0UNIYs ChiefInfomnation Officer and/or CONTRACTORalsowarrants onbehaYofitselfandallsubcontiactois designee(s). engagedforthe performance ofthe ensuing contract that only persons 1C Proposal No. 208-5465 No storage ofCOUNIYs private,confidential or sensitive data on anyhard- well as a complete explanation ofwhy the exemption should be granted,in disk drive,portable storage device or remote storage installation unless the bidder's response to the RFP. Only the Board of Supervisors can encrypted according to advance encryption standards (AES of 128 bit or approve such exemption. higher). Policy Statement: Contractors shall be limited to a maximum. 15% The COUNTY will immediately be notified of any violations,breaches or administrative cost as compared to the total programbudget and employee potentialbreaches ofsecurityrelatedtoCOUNTY's confidential information, benefits shall be limited to a maximumof20%of salaries. data and/or data processing equipment Which stores orprocesses COUNTY The following language will be included in each applicable contract: data,internally or externally. COUNTY shall provide oversight to Contractor's response to all incidents "The contractor agrees to limit administrative cost to a maximum of 15%of arising from a possible breach ofsecurityrelated to COUNTY's confidential the total program budget and to link employee benefits to a maximum of client infonnation. Contractor willbe responsible to issue anynotification to 20%of total salaries for those employees working under this agreement affected individuals as requiredbylaworas deemednecessarybyCOUNIY dunngthe termofthis agreement.Failure to conformto this provision willbe in its sole discretion. Contractor will be responsible for all costs incurred as !rounds for contract termination at the option of the County of Fresno." a result ofproviding the required notification. The above provision shall be applied to renewal ormulti-year contracts with 23. PURCHASING LOCATION&HOURS: non-profit organizations which primarily serve Fresno County and professional services contracts where Fresno County Purchasing is located at4525 E.Hazrrlton Avenue(second floor),Fresno, CA 93702. Non-holiday hours of operation are lvbnday Fresno County is the sole client such as: through Friday,8:00 AM to 12:00 Noon and 1:00 P.M to 5:00 P.M PST, • Corrrrnrnity based organization service contracts related to social Purchasing is closed daily from 12:00 Noon to 1:00 P.M The following services,health services,or probation services. holiday office closure schedule is observed: • Cultural art program contracts. January 1* NewYear's Day . Professional services contracts. Third lvbnday in January Martin Luther King,Jr.'s Birthday This policy willnot apply to contracts between the Countyandthe Federal or Third lvbnday in February Washington-Lincoln Day State governments;or one-time contracts.The Board of Supervisors will consider exemptions to this policy only upon the recommendation of the Nhrch 31* Cesar Chavez'Birthday County Administrative Office. last 1Vbnday in Nhy N morial Dray Nhnaeement Respons ibility:It shall be the responsibility of any County official authorized bythe Board ofSupervisors to execute contracts orenter July4* Independence Day into agreements onbehalfofthe County to reviewall applicable contracts to insure that this policy is fiilly enforced. First 1Vbnday in September Labor Icy It shall be the responsibility of the County Administrative Officer to review November 11* Veteran's Dray requests for exemptions to this policy and to nuke recommendations to the Board of Supervisors on such requests for exemption. Fourth Thursday inlVovember Thanksgiving Day AENMTRATIVE POLICYNUNBER 34 Friday following Thanlcsgivirrg Competitive Bids and Requests for Proposals acember 25* Christmas Fresno County Administrative Policy1%.34provides thatno person,firm *When this date fills on a Saturday, the holiday is observed the or subsidiary thereofwho has been awarded a consulting services contract preceding Friday. Ifthe date falls on a Sunday,the holiday is observed by the County,may submit a bid for, or be awarded a contract for,the the following lvbnday. provision ofservices,procurement ofgoods or supplies,or any other related action vArich is required,suggested,or otherwise deemed appropriate in the 24. FRESNO COUNTY BOARD OF SUPERVISORS ADMNSTRA'TNE end product ofthe consulting services contract.Any bidder that wishes an POLICIES: exemption from this contract limitation must set forth the request for exemption,as well as a complete explanation ofwhy the exemption should AENMTRATIVE POLICYNUM3ER 5 be granted, in the bidder's response to the RFP. Only the Board of Contract Salary Iarnitation Fresno Supervisors,on a four-fift(4/5)vote finding that such waiver is in the best interests ofthe County,can waive this policy. County Administrative Policy No.5 provides that in contracts with non- profit organizations that primarily serve Fresno County and professional Definitions:Purchasing Authorilyand Responsibility—hi accordance with service contracts where Fresno County is the sole client,the contractors the State of California Government Code Section 25500 et seq.,and the must agree to the following contract language:`The contractor agrees to limit Fresno County Ordinance Code Cbapter2.56,the Board ofSupervisors has administrative cost to a maximurn of 15%ofthe total programbudget and to established a County Purchasing Agent. The Board has designated the limit employee benefits to a maximum of 201/o of total salaries for those County Administrative Officer as the Purchasing Agent.Unless otherwise employeesworking under this agreement during the tennoftheagreement. restricted,all necessary authority and responsrbilityhas been delegated to Failure to corribrin to this provision willbe grounds for contract termination at the Purchasing Agent to satisfy the acquisition requirements ofthe County. the option of the County of Fresno."Any bidder that wishes an exemption The Purchasing Agentmaydeferday-to-day acquisition management tothe from this contract requirements mus t s et forth the re que st for exemption,as Purchasing Mmager as appropriate. 1D Proposal No. 208-5465 Policy Statement: Competitive bids or requests for proposals shall be periodic salary surveys are equivalent to competitive bids for independent secured for all contracts for goods or services which are proposed to be law firms and attorneys contracting with the County on a fee for service acquired by the County except when in unusual or extraordinary basis. circumstances,a department head,requests an exception to competitive bidding.All such requests must be documented by the department head Asalary survey for legal services shallbe conducted every two years. including a detailed description of the facts justifying the exception. The The selection ofand contracting with firm toprovide legalservices shallbe request ni streceiveconcurrenceoftheprocurementauthoritywhowillsign coordinatedthroughtheCountyCounsefs Office.The CountyCounselshall that particular contract ie. the Board of Supervisors or Purchasing assist in securing a law firm with the requisite legal expertise and price Agent/Purchasing Nhnager. The fallowing circumstances are examples structure that would provide the best service to the County.CountyCounsel which constitute`Suspension of Competition" shall be involved throughout the process of selecting a firm,developing a • In an emergency when goods or services are immediately necessary contract,and monitoring the billing and services provided throughout the for the preservation ofthe public health,welfare,or safety,or for the contract period. protection of County property. Prohibited Bids Concerning End Product of Consulting Contracts • When the contract is with a federal, state, or local governmental No person,f r n,or subsidiary thereofwho has been awarded a consulting agency. services contract by the County, shall be awarded a contract for the provision ofservices,procurement ofgoods or supplies,or any other related • When the department head,with the concurrence of the Purchasing action wirichis required,suggested,or otherwise deemed appropriate in the Agent,finds that the cost ofpreparing and administering a competitive end product ofthe consulting services contract.This policy may be wmived biddingprocess in a particular case will equal or exceed the estimated by the Board of Supervisors on a four-fi$hs (4/5)vote finding that such contract amount or$1,000 whichever is more. waiver is in the best interests of the County. • When a contract provides only for payment of per diem and travel Nhnagement Responsibility: The County Administrative Officer is expenses and there is to be no payment for services rendered. responsible for preparing and issuing written procedures to assure • Whenobtainingthe services ofexrertwitrresses for litigation or special compliance with this policy by all County officials and departments. counsel to assist the County. ADMMgTRATM POLICYNUNBER 71 • When in unusual or extraordinary circumstances, the Board of Prohibiting the Use of Public Funds for Political Advocacy Supervisors orthe Purchasing AgenbPurchasing NUnagerdetermines that the best interests ofthe Countywouldbe servedbynot securing Fresno County Administrative Policy No. 71 provides that no County competitive bids or issuing a request for proposal assets,including money,shallbe used for political campaigns ofanytype. Political campaigns are defined as political advocacy for or opposition to a Contracts for services should not usually cover a period of more than one matter orperson that has qualified forthe ballot.No contract entered into by year although a longer period may be approved in unusual circumstances. the County shall provide for use of County monies for political campaigns. Nlulbple year contracts must include provisions for early termination and must be contingent on available funding.Unless exempted as provided for Policy Statement:Government assets,including money,grant funds,paid above,no contract for service shall extend,either by original contract or by stafftrtne,equipment and supplies,facilities or any other government asset extension,beyondthree years unless competitive bids have been soughtor shallnotbe used forpoliticalcampaigns ofanytype.Politicalcampaigns are a Request for Proposal has been processed. defined as political advocacy for or opposition to a matter or person that has During any competitive bidding procedure,all bids shall be opened publicly qualified for the ballot. and the dollar amount of each bid shall be read aloud. Under no Nhnagement Responsibility:apartmentHeads shallbe heldresponsrble circumstance shall a bid which is received at the designated place of for ensuring that government assets within their control are not used to opening afier the closing time be opened or considered. advocate for or against anymatter or person that has qualified for the ballot. Contracts for goods or services shall not be effective until approved bythe This section does not prohibit the expenditure of government assets to Board of Supervisors or,if appropriate,the Purchasing Agent/Purchasing create and provide informationaloreducationalmnaterials regarding a matter Nhnager. Contractors and vendors shall be advised by the responsible that has qualified for the ballot.Such infomration or educational materials department head that performance under the contract may not commence shall provide a fair, accurate and impartial presentation of relevant prior to such approval information relating to the matter that has qualified for the ballot.However, government assets shall not be expended to create and provide such NEdical Professional Contracts fi f nmfional or educational materials in the 90 days prior to the election The competitive recruitment process,annual performance evaluation,and unless specifically authorized by the Board ofSupervisors orrequiredbythe periodic salary surveys are equivalent to competitive bids for independent Public Records Act or other law physicians contracting with the County on a fee for service basis. Asalary survey far phys ician services shall be conducted every two years. Contracts forphysician services shallnot extend,eitherby original contract orbyextension,beyond five years unless competitive bids have been sought or unless exempted as provided above. Contracts for legal Services The competitive recruitment process,annual performance evaluation,and lE Proposal No. 208-5465 Page 2 TABLE OF CONTENTS PAGE OVERVIEW.....................................................................................................................3 KEYDATES ....................................................................................................................3 TRADE SECRET ACKNOWLEDGEMENT .....................................................................4 DISCLOSURE - CRIMINAL HISTORY & CIVIL ACTIONS............................................. 6 REFERENCELIST.......................................................................................................... 9 PARTICIPATION........................................................................................................... 10 GENERAL REQUIREMENTS ....................................................................................... 11 BIDDING INSTRUCTIONS AND REQUIREMENTS ..................................................... 17 SCOPEOF WORK........................................................................................................ 19 COST PROPOSAL........................................................................................................24 PROPOSAL CONTENT REQUIREMENTS...................................................................26 AWARD CRITERIA .......................................................................................................29 CHECKLIST ................................................................................................................. 30 G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 3 OVERVIEW The County of Fresno on behalf of the Department of Internal Services is requesting proposals from qualified vendors to provide a replacement or redesign and update of the County of Fresno (COF)Web Content Management System(s) (WCMS). The Internal Services Department (ISD) is seeking a system solution that will allow county staff to create, edit, and maintain the web site. The project is meant to standardize the formatting and infrastructure of the current site to allow ease in update, compatibility in multiple platforms and responsive design. Prior to submission, vendors must have successfully performed and/or completed updates and redesigns of other entities' WCMS in the last year. KEY DATES RFP Issue Date: April 8, 2016 Vendor Conference: April 20, 2016 at 10:00 A.M. Vendors are to contact Louann M. Jones at County of Fresno Purchasing (559) 600-7118 if planning to attend vendor 4525 E. Hamilton Avenue, 2nd Floor conference or to receive a Skype invitation to Fresno, CA 93702 the conference (Skype for Business is not required to participate. The line provided in the e-mail invitation will open Skype for Business in any web browser.) Deadline for Written Requests for April 27, 2016 at 10:00 A.M. Interpretations or Corrections of RFP: E-Mail: Bone .co.fresno.ca.us RFP Closing Date: May 12, 2016 at 2:00 P.M. County of Fresno Purchasing 4525 E. Hamilton Avenue, 2nd Floor Fresno, CA 93702 GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 4 TRADE SECRET ACKNOWLEDGEMENT All proposals received by the County shall be considered "Public Record" as defined by Section 6252 of the California Government Code. This definition reads as follows: "...Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics"Public records"in the custody of,or maintained by,the Governor's office means any writing prepared on or after January 6, 1975." Each proposal submitted is Public record and is therefore subject to inspection by the public per Section 6253 of the California Government Code. This section states that"every person has a right to inspect any public record". The County will not exclude any proposal or portion of a proposal from treatment as a public record except in the instance that it is submitted as a trade secret as defined by the California Government Code. Information submitted as proprietary, confidential or under any other such terms that might suggest restricted public access will not be excluded from treatment as public record. "Trade secrets" as defined by Section 6254.7 of the California Government Code are deemed not to be public record. This section defines trade secrets as: "...Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data or compilation of information that is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it." Information identified by bidder as "trade secret"will be reviewed by County of Fresno's legal counsel to determine conformance or non-conformance to this definition. Such material should be submitted in a separate binder marked "Trade Secret". Examples of material not considered to be trade secrets are pricing, cover letter, promotional materials, etc. INFORMATION THAT IS PROPERLY IDENTIFIED AS TRADE SECRET AND CONFORMS TO THE ABOVE DEFINITION WILL NOT BECOME PUBLIC RECORD. COUNTY WILL SAFEGUARD THIS INFORMATION IN AN APPROPRIATE MANNER. Information identified by bidder as trade secret and determined not to be in conformance with the California Government Code definition shall be excluded from the proposal. Such information will be returned to the bidder at bidder's expense upon written request. Trade secrets must be submitted in a separate binder that is plainly marked "Trade Secrets." The County shall not in any way be liable or responsible for the disclosure of any proposals or portions thereof, if they are not(1)submitted in a separate binder that is plainly marked "Trade Secret"on the outside; and (2) if disclosure is required or allowed under the provision of law or by order of Court. Vendors are advised that the County does not wish to receive trade secrets and that vendors are not to supply trade secrets unless they are absolutely necessary. GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 5 TRADE SECRET ACKNOWLEDGEMENT I have read and understand the above "Trade Secret Acknowledgement." I understand that the County of Fresno has no responsibility for protecting information submitted as a trade secret if it is not delivered in a separate binder plainly marked "Trade Secret." I also understand that all information my company submits, except for that information submitted in a separate binder plainly marked "Trade Secret," are public records subject to inspection by the public. This is true no matter whether my company identified the information as proprietary, confidential or under any other such terms that might suggest restricted public access. Enter company name on appropriate line: Has submitted information identified as Trade Secrets in (Company Name) a separate marked binder.** Has not submitted information identified as Trade (Company Name) Secrets. Information submitted as proprietary confidential or under any other such terms that might suggest restricted public access will not be excluded from treatment as public record. ACKNOWLEDGED BY: Signature(In Blue Ink) Telephone Print Name and Title Date Address City State Zip **Bidders brief statement that clearly sets out the reasons for confidentiality in conforming with the California Government Code definition. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 6 DISCLOSURE - CRIMINAL HISTORY & CIVIL ACTIONS In their proposal, the bidder is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as "Bidder"): • Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for: o fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or o false statements or receipt of stolen property • Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local)terminated for cause or default. Disclosure of the above information will not automatically eliminate a Bidder from consideration. The information will be considered as part of the determination of whether to award the contract and any additional information or explanation that a Bidder elects to submit with the disclosed information will be considered. If it is later determined that the Bidder failed to disclose required information, any contract awarded to such Bidder may be immediately voided and terminated for material failure to comply with the terms and conditions of the award. Any Bidder who is awarded a contract must sign an appropriate Certification Regarding Debarment, Suspension, and Other Responsibility Matters. Additionally, the Bidder awarded the contract must immediately advise the County in writing if, during the term of the agreement: (1) Bidder becomes suspended, debarred, excluded or ineligible for participation in federal or state funded programs or from receiving federal funds as listed in the excluded parties list system (http://www.epls.gov); or(2)any of the above listed conditions become applicable to Bidder. The Bidder will indemnify, defend and hold the County harmless for any loss or damage resulting from a conviction, debarment, exclusion, ineligibility or other matter listed in the signed Certification Regarding Debarment, Suspension, and Other Responsibility Matters. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 8 CERTIFICATION (1)The prospective primary participant certifies to the best of its knowledge and belief, that it, its owners, officers, corporate managers and partners: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2)Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature: Date: (in blue ink) (Printed Name &Title) (Name of Agency or Company) G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 9 VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR PROPOSAL Firm: REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services. Be sure to include all requested information. Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFP. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 10 PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback)on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. * Note: This form/information is not rated or ranked for evaluation purposes. FD] Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. No, we will not extend contract terms to any agency other than the County of Fresno. (Authorized Signature in Blue Ink) Title G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 11 GENERAL REQUIREMENTS DEFINITIONS: The terms Bidder, Proposer, Contractor, and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the proposal. LOCAL VENDOR PREFERENCE: The Local Vendor Preference does not apply to this Request for Proposal. RFP CLARIFICATION AND REVISIONS: Any revisions to the RFP will be issued and distributed as written addenda. FIRM PROPOSAL: All proposals shall remain firm for at least two hundred forty(240)days. PROPOSAL PREPARATION: Proposals should be submitted in the formats shown under"PROPOSAL CONTENT REQUIREMENTS" section of this RFP. County of Fresno will not be held liable or any cost incurred by bidders responding to RFP. Bidders are to bid what is specified or requested first. If unable to or unwilling to, bidder may bid alternative or option, indicating all advantages, disadvantages and their associated cost. SUPPORTIVE MATERIAL: Additional material may be submitted with the proposal as appendices. Any additional descriptive material that is used in support of any information in your proposal must be referenced by the appropriate paragraph(s)and page number(s). Bidders are asked to submit their proposals in a binder(one that allows for easy removal of pages)with index tabs separating the sections identified in the Table of Contents. Pages must be numbered on the bottom of each page. Any proposal attachments, documents, letters and materials submitted by the vendor shall be bound and included as a part of the final contract should your bid be selected. TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the proposal it will be assumed that they are included in the total quoted. SALES TAX: Fresno County pays California State Sales Tax in the amount of 8.225% regardless of vendor's place of doing business. RETENTION: County of Fresno reserves the right to retain all proposals, excluding proprietary documentation submitted per the instructions of this RFP, regardless of which response is selected. ORAL PRESENTATIONS: Each finalist may be required to make an oral presentation in Fresno County and answer questions from County personnel. AWARD/REJECTION: The award will be made to the vendor offering the overall proposal deemed to be to the best advantage of the County. The County shall be the sole judge in making such determination. The County reserves the right to reject any and all proposals. The lowest bidders are not arbitrarily the vendors whose proposals will be selected. Award Notices are tentative: Acceptance of an offer made in response to this RFP shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase Order by Fresno County Purchasing. County Purchasing will chair or co-chair all award, evaluation and contract negotiation committees. Award may require approval by the County of Fresno Board of Supervisors. WAIVERS: The County reserves the right to waive any informalities or irregularities and any technical or clerical errors in any quote as the interest of the County may require. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 12 MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. PROPOSAL REJECTION: Failure to respond to all questions or not to supply the requested information could result in rejection of your proposal. ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno. BIDDERS LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFP. CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of system implementation. DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the State of California. Any claim which cannot be amicably settled without court action will be litigated in the U. S. District Court for the Eastern District of California in Fresno, CA or in a state court for Fresno County. NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFP or the vendor's quotation without prior written approval from the County of Fresno. BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal/bid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond. Bidders are to quote a separate price for a performance bond. ACQUISITIONS: The County reserves the right to obtain the whole system/services/goods as proposed or only a portion of the system/services/goods, or to make no acquisition at all. OWNERSHIP: The successful vendor will be required to provide to the County of Fresno documented proof of ownership by the vendor, or its designated subcontractor, upon request of the proposed programs/services/goods. EXCEPTIONS: Identify with explanation, any terms, conditions, or stipulations of the RFP with which you CAN NOT or WILL NOT comply. ADDENDA: In the event that it becomes necessary to revise any part of this RFP, addenda will be provided to all agencies and organizations that receive the basic RFP. SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the subcontractor and his tasks should be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or proposal submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1. Employees of the County or public agencies for which the Board of Supervisors is the governing body. 2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. 3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (1), and who were employees in positions of substantial responsibility in the area of service to GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 13 be performed by the contract, or participated in any way in developing the contract or its service specifications. 4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. 5. No County employee, whose position in the County enables him to influence the selection of a contractor for this RFP, or any competing RFP, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. 6. In addition, no County employee will be employed by the selected vendor to fulfill the vendor's contractual obligations to the County. ORDINANCE 3.08.130— POST-SEPARATION EMPLOYMENT PROHIBITED: No officer or employee of the County who separates from County service shall for a period of one year after separation enter into any employment, contract, or other compensation arrangement with any County consultant, vendor, or other County provider of goods, materials, or services, where the officer or employee participated in any part of the decision making process that led to the County relationship with the consultant, vendor or other County provider of goods, materials or services. Pursuant to Government Code section 25132(a), a violation of the ordinance may be enjoined by an injunction in a civil lawsuit, or prosecuted as a criminal misdemeanor. EVALUATION CRITERIA: Respondents will be evaluated on the basis of their responses to all questions and requirements in this RFP and product cost. The County shall be the sole judge in the ranking process and reserves the right to reject any or all bids. False, incomplete or unresponsive statements in connection with this proposal may be sufficient cause for its rejection. SELECTION PROCESS: All proposals will be evaluated by a team consisting of representatives from appropriate County Department(s), and Purchasing. It will be their responsibility to make the final recommendations. Purchasing will chair or co-chair the evaluation or evaluation process. Organizations that submit a proposal may be required to make an oral presentation to the Selection Committee. These presentations provide an opportunity for the individual, agency, or organization to clarify its proposal to ensure thorough, mutual understanding. INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venture, partner, or associate of the County. Furthermore, County shall have no right to control, supervise, or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the COUNTY or to the Agreement. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 14 who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor's Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services and activities offered in the proposal, whether or not they are provided directly. Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the County. ADDRESSES AND TELEPHONE NUMBERS: The vendor will provide the business address and mailing address, if different, as well as the telephone number of the individual signing the contract. ASSURANCES: Any contract awarded under this RFP must be carried out in full compliance with The Civil Rights Act of 1964, The Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFP. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFP. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability: If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)annual aggregate. This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3)years following the termination of this Agreement, one or more policies of professional liability insurance with limits of coverage as specified herein. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 15 Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty(30)days advance written notice given to County. Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Internal Services Department, Attn: Claudia Favors, 2048 N. Fine Avenue, Fresno, CA 93727, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty(30)days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. AUDIT AND RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. DEFAULT: In case of default by the selected bidder, the County may procure materials and services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the County. BREACH OF CONTRACT: In the event of breach of contract by either party, the other party shall be relieved of its obligations under this agreement and may pursue any legal remedies. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code, California Welfare and Institutions Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations. Vendor shall submit to County's monitoring of said compliance. Vendor may be a Business associate of County, as that term is defined in the "Privacy Rule" enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, vendor may use or disclose protected health information ("PHI")to perform functions, activities or services for or on behalf of County, as specified by the County, provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures of PHI may not be more expansive than those applicable to County, as the"Covered Entity" under HIPAA's Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate. GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 16 Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. APPEALS: Appeals must be submitted in writing within *seven (7)working days after notification of proposed recommendations for award. A"Notice of Award" is not an indication of County's acceptance of an offer made in response to this RFP. Appeals shall be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue 2"d Floor, Fresno, California 93702-4599 and in Word format to g corn uelle(D_co.fresno.ca.us. Appeals should address only areas regarding RFP contradictions, procurement errors, proposal rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP process. Purchasing will provide a written response to the complainant within *seven (7)working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal to the Purchasing Agent/CAO within seven (7)working days after Purchasing's notification; except, if notified to appeal directly to the Board of Supervisors at the scheduled date and time. If the protesting bidder is not satisfied with Purchasing Agent/CAO's decision, the final appeal is with the Board of Supervisors. 'The seven(7)working day period shall commence and be computed by excluding the first day and including the last day upon the date that the notification is issued by the County. RIGHTS OF OWNERSHIP: The County shall maintain all rights of ownership and use to all materials designed, created or constructed associated with this service/project/program. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 17 BIDDING INSTRUCTIONS AND REQUIREMENTS ISSUING AGENT: This RFP has been issued by County of Fresno, Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFP, its content, and all issues concerning it. AUTHORIZED CONTACT: All communication regarding this RFP shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFP is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFP. Contact with any other County representative, including elected officials, for the purpose of discussing this RFP, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing)with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFP, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. VENDOR CONFERENCE: On April 20, 2016 at 10:00 A.M., a vendor's conference will be held in which the scope of the project and proposal requirements will be explained. The meeting will be held at the office of County of Fresno Purchasing, 4525 E. Hamilton (between Cedar and Maple), 2"d Floor, Fresno, California. Addendum will be prepared and distributed to all bidders only if necessary to clarify substantive items raised during the bidders' conference. Bidders are to contact Louann M. Jones at County of Fresno Purchasing, (559)600-7118, if they are planning to attend the conference or e-mail her at Ijones(cDco.fresno.ca.us for a Skype invitation. NUMBER OF COPIES: Submit one (1) original and seven (7) copies of your proposal no later than the proposal closing date and time as stated on the front of this document to County of Fresno Purchasing. Each copy to be identical to the original, include all supporting documentation (e.g. literature, brochures, reports, schedules etc.). The cover page of each quotation is to be appropriately marked "Original"or"Copy". INTERPRETATION OF RFP: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFP and fully inform themselves as to the quality and character of services required. If any person planning to submit a proposal finds discrepancies in or omissions from the RFP or has any doubt as to the true meaning or interpretation, correction thereof may be requested at the scheduled Vendor Conference (see above). Any change in the RFP will be made only by written addendum, duly issued by the County. The County will not be responsible for any other explanations or interpretations. Questions may be submitted subsequent to the Vendor Conference, subject to the following conditions: a. Such questions are submitted in writing to the County Purchasing not later than April 27, 2016 at 10:00 a.m.Questions must be directed to the attention of Louann M. Jones, Purchasing Analyst. b. Such questions are submitted with the understanding that County can respond only to questions it considers material in nature. c. Questions shall be e-mailed to countvpurchasingCcbco.fresno.ca.us. NOTE: The bidder is encouraged to submit all questions at the Vendor Conference. Time limitations can prevent a response to questions submitted after the conference. SELECTION COMMITTEE: All proposals will be evaluated by a team co-chaired by Purchasing. All proposals will be evaluated by a review committee that may consist of County of Fresno Purchasing, department staff, community representatives from advisory boards and other members as appropriate. GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 18 The proposals will be evaluated in a multi-stage selection process. Some bids may be eliminated or set aside after an initial review. If a proposal does not respond adequately to the RFP or the bidder is deemed unsuitable or incapable of delivering services, the proposal may be eliminated from consideration. It will be the selection committee's responsibility to make the final recommendation to the Department Head. CONTRACT TERM: It is County's intent to contract with the successful bidder for a term of three (3)years with the option to renew for up to two (2)additional one (1)year periods based on mutual written consent. County will retain the right to terminate the Agreement upon giving thirty (30) days advance written notification to the Contractor. PAYMENT: The County of Fresno, if appropriate, may use Procurement Card to place and make payment for orders under the ensuing contract. AUDITED FINANCIAL STATEMENTS: Copies of the audited Financial Statements for the last three (3) years for the business, agency or program that will be providing the service(s) proposed. If audited statements are not available, complied or reviewed statements will be accepted with copies of three years of corresponding federal tax returns. This information is to be provided after the RFP closes, if requested. Do not provide with your proposal. CONTRACT NEGOTIATION: The County will prepare and negotiate its own contract with the selected vendor, giving due consideration to standard contracts and associated legal documents submitted as a part of bidder's response to the RFP. The tentative award of the contract is based on successful negotiation pending formal recommendation of award. Bidder is to include in response the names and titles of officials authorized to conduct such negotiations. NOTICES: All notices, payments, invoices, insurance and endorsement certificates, etc. need to be submitted as follows: referencing contract/purchase order number, department, position, title and address of administering official. EPAYMENT OPTION: The County of Fresno provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of contract. Notification of payments and required invoice information are issued to the supplier's designated Accounts Receivable contact by e- mail remittance advice at time of payment. To learn more about the benefits of an Epay Program, how it works, and obtain answers to frequently asked questions, click or copy and paste the following URL into your browser: www.bankofamerica.com/ei3avablesvendors or call Fresno County Accounts Payable, 559-600- 3609. GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 19 SCOPE OF WORK The County of Fresno on behalf of the Department of Internal Services is requesting proposals from qualified vendors to provide a replacement or redesign and update of the County of Fresno (COF)Web Content Management System(s) (WCMS). The Internal Services Department (ISD) is seeking a system solution that will allow county staff to create, edit, and maintain the web site. The project is meant to standardize the formatting and infrastructure of the current site to allow ease in update, compatibility in multiple platforms and responsive design. Prior to submission, vendors must have successfully performed and/or completed updates and redesigns of other entities' WCMS in the last year. The WCMS is currently hosted using the Ektron product, which was built and deployed in 2008. The system was designed by the vendor to requirements set by 18 County of Fresno Departments and services 900,000 residents within the County and uncounted numbers of interested parties in the state of California and beyond. The internal WCMS provides content management for 7,000+ employees within the County. The system has been upgraded multiple times until reaching its current deployed version of 8.5. Upgrades were time intensive endeavors due to the extent at which customized templates and third party modules, such as calendars, were implemented. The system currently utilizes content and asset replication services from a staging server to a public viewing server. Most editing and configuration of the Ektron system is done via a centralized Web Master provided by ISD. Content management is the responsibility of each individual department and is supported by approximately 50 content editors with potential for more. The County does not want limitations to the number of content editors allowed. It is the intent of the County to select a vendor to provide services in each of the following categories: 1) Professional services, from concept to post implementation review, for designing, developing, and implementing a new county web site; 2) Knowledge, skills, and experience to implement the objectives; 3) Transfer of knowledge to ISD Staff; 4)A system solution for administration, development, publishing, editing, and management of the WCMS by County staff. All vendors participating in this Request for Proposal must describe, in detail, how they will fulfill each of the following project objectives. For your response to be considered, refer to the section and number in your response to each item. I. COMPANY The vendor must have organization and management structure adequate and appropriate for overseeing and supporting the proposed services, and will provide sufficient management, customer service, and technical support staffing levels. Please fully respond to the items below by including the question/statement in each response. 1) Describe, in detail, your organization's company structure and include a company organization chart. 2) How many project managers, customer service, and/or technical support staff would be assigned and available to assist and support ISD and the solution project, during implementation and maintenance? 3) Provide the titles, experience, and qualifications of the vendor personnel responsible for response at the various levels of support. 4) Describe your experience with WCMS upgrades conversions. How many clients are using the proposed solution? How long has the solution been in production for these clients and what types of services? Describe the number and complexity of those conversions. 5) Provide a description of your company's ability to launch a solution within 180 days of contract signing. II. PROJECT OBJECTIVES Please fully describe how your solution would attain the requirements identified below by including the question/statement in each response. GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 20 A. Design/Layout The County of Fresno utilizes its website (www.co.fresno.ca.us)as the primary platform for public communication with elected and appointed officials and staff; other governmental agencies; the legislature; the media; the business community; internal staff and organizational committees; regional partners; project consultants; and the general public. 1) The vendor will provide services to design, develop, and implement a new web site for the County of Fresno. 2) The system will be a responsive design to display properly on various devices, such as smartphones, PCs, tablets, etc. 3) The system will provide multiple design style/template options with font/color/layout that maintain consistent look and feel but provide variety for content editors. 4) The public site will be ADA Section 508 Standards Compliant for viewing by visually or physically impaired individuals. 5) OPTIONAL: Please describe your ability to provide for the creation of our own templates for use by content editor staff. B. Functionality 1) The system will allow for storage and retrieval of ancillary documents and files and does not restrict file size or quantity of files placed on the server. 2) The system will provide a simple and intuitive WYSIWYG content editing interface. 3) The system will include a comprehensive search tool. 4) The system will support content updates with the ability to route through an approval change process. 5) The system will allow COF staff to create on-line forms for data submission. 6) The solution will allow for data and content migration to the new site. This task will be a joint effort by both the successful vendor and County staff. 7) The system will be able to provide site visitors with content subscriptions and email alerts. 8) The system will provide site statistics. 9) OPTIONAL: Please describe how your solution could expand to include internal, intranet sites after a successful launch of the external sites. 10) OPTIONAL: Please describe how your solution could provide for type-ahead search functionality. 11) OPTIONAL: Please describe how your solution could shrink/grow or redistribute content to accommodate multiple languages (Spanish, Hmong, etc.). C. System 1) The system will have the option to be upgraded without re-coding. 2) The deployed system will be browser independent. 3) OPTIONAL: Please describe how your solution could provide for the ability to have a staging/development site that can be used for training, testing. III. TECHNOLOGY REQUIREMENTS The solution will operate within the existing Fresno County IT environment including its Local and Wide Area data network and hardware and software infrastructure. It will comply with internal County IT standards and have the capability of inter-operating, integrating, and/or interfacing with County systems as well as with standard office automation products. Please fully respond to how your solution complies with the items below by including the question/statement in each response. 1) The application will always run on a client operating system that is consistently and currently supported by the operating system vendor. GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 21 2) The application will run on the latest supported release of any required third-party software, such as JAVA, Flash, etc. within 30 days of release. 3) Should the solution require installation of software on the client PC, the system will install and be available on the all users' desktop. 4) Administrative rights will not be granted to either the client or the server in order for a user to perform day to day operations of the system. An account may be granted elevated privileges for data collection. 5) The system will use standard IT industry methodologies for software design, especially for external data exchange interfaces, Application Programming Interfaces (APIs), and interfaces to common infrastructure support services 6) Describe the hardware, software, database, and network capability required to implement and operate the proposed system for current user and client volumes, as well as to accommodate a potential 15% annual expansion over a five year period. 7) Identify the specifications and quantity of each hardware, software, database, network or telecommunications component required to operate the proposed system at the performance levels specified above. 8) Hosting vs. On-Premise: Please describe whether the proposed solution is on premise at the County of Fresno data center or hosted in the cloud. If cloud, please provide details of the service. IV. IMPLEMENTATION REQUIREMENTS Implementation is defined as all tasks performed by the vendor and ISD staff related to configuring, developing interfaces, installing the system, functionally and operationally testing the system, documentation, training, and implementation. The vendor will be responsible for tracking, resolving, or coordinating the resolution of all reported problems within the implementation date. The vendor will have staff members accessible by e-mail and/or telephone to diagnose and resolve problems. Although ISD desires an expeditious implementation, it recognizes the implementation schedule should be realistic and consistent with the estimates of the vendor. The vendor should prepare a realistic yet aggressive implementation plan. Please fully respond to how your company will perform the below tasks by including the question/statement in each response. A. Develop Project Work Plan & Implementation Schedule 1) The vendor will develop, and keep updated, a Project Work Plan and Implementation Schedule using Microsoft Project or other ISD approved software. The approved project plan will be the basis for tasks and responsibilities. 2) The ISD Project Manager will approve changes to deliverable time frames in writing at least two weeks prior to the impacted milestones. All approved changes will be reflected in the work plan and the vendor will highlight and explain any major changes to an earlier approved version. 3) The vendor should identify all relevant assumptions made in the development of the project plan. All assumptions will be clearly documented; including assumptions made for development software tools, use of any third party software, County of Fresno resources providing assistance, etc. B. Project Management 1) The vendor will manage and deliver the goods and services defined in the Scope of Work. 2) The vendor will provide a project organization chart specific to the personnel/staff assigned for the duration of the contract. 3) The vendor will designate a Project Manager who will have the authority to commit the resources necessary to satisfy all contractual requirements. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 22 4) The vendor will utilize a comprehensive methodology for ongoing project risk management to address such issues as technical risk, resource issues, scheduling problems, readiness, etc. 5) The vendor will define notification and escalation procedures to address extended and unresolved problems, and system failure to the vendor Project Manager and ISD Project Manager. The escalation procedures will include, but not be limited to the following: • Conditions warranting additional help in resolving a problem • Time duration between escalating to the next level of support • A diagram depicting the various levels of response C. User Acceptance Testing and Corrections 1) The vendor will conduct a User Acceptance Test to ensure ISD users are able to successfully use the WCMS. 2) The vendor will develop test scripts, review results and recommend initial system acceptance. County users will assist in the actual test and be responsible for final approval of user acceptance test recommendations. 3) The vendor will make any corrections based on the results of the User Acceptance Test. D. Documentation 1) The vendor will provide updated documentation in electronic form, which details how users, administrators, and IT staff perform WCMS functions for the version of the system delivered. 2) The user manuals will present system functionality to end users in a clear, concise, non-technical manner. 3) All technical and end-user documentation and training materials provided by the vendor will become the property of the County of Fresno, at no additional charge. 4) OPTIONAL: A corresponding on-line tutorial and/or instruction on system use for new staff is desired. E. Transfer Knowledge &Train Users 1) The vendor will provide ISD staff with training necessary to fully operate, maintain, and develop new functions for the system. ISD will be responsible for ongoing training after full implementation. Training may be conducted in the Fresno area or remotely using web conferencing. ISD will secure an appropriate training location. F. Post Implementation Review 1) The vendor will conduct a post-implementation review within three months of rollout, as requested by ISD staff, to confirm the system is working as expected. 2) The review will confirm the following: • functionality has been obtained • response times have been achieved • appropriate vendor support has been provided • ISD users have been successfully trained V. MAINTENANCE AND SUPPORT The vendor will be responsible for maintaining and supporting all installed application software, initially under a one year warranty, beginning after full acceptance of the system, upon implementation. Further support will be provided under ongoing software maintenance renewals. Upon payment of annual maintenance, the cost of support will be borne by the vendor unless issues are directly attributable to malfunctioning hardware, network, operating system or other system components whose operation and maintenance is the responsibility of ISD. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 23 Please fully describe how your company will perform the below maintenance and support by including the question/statement in each response. 1) Develop procedures and establish notification for distribution of any software upgrades or version replacements to which ISD is entitled under the software maintenance agreement, along with updated user and operational documentation, and assist in its installation in the test environment and migration to production. 2) Maintain compatibility and integration with any third party reporting tools that have been implemented as part of the contract. Should any of these packages be upgraded, ISD will notify the vendor in advance, so analysis and code changes can be implemented as quickly as possible. 3) Correct any errors in functionality which are reported by ISD within a reasonable period, depending upon the severity of the error. 4) Provide a means for ISD staff to report system problems via e-mail and telephone to vendor staff who are dedicated to supporting clients and are accessible as required, during normal business hours and weekend/holiday support. 5) Ensure responses are made to ISD staff, within specified time periods, acknowledging receipt of the problem report and identifying when direct contact can be made with the vendor-assigned support staff person. 6) Establish and implement policies and procedures for prioritizing and responding to ISD requests for support including: • Criteria for diagnosing reported problems and determining probable cause(s) of the problem • Use of Severity Index criteria for assessing the impact of reported problems • Determining responsibility for problem resolution • Defining response time for various categories of problems • Documenting the response and subsequent actions • Escalating disagreements regarding cause of the problem and responsible party • Working cooperatively with ISD staff to promptly resolve problems • Tracking all problem reports 7) Correct any application software errors through remote or on-site service by vendor personnel or otherwise qualified subcontractors according to the response times. 8) Provide a means for ISD to submit requests or proposals for new or enhanced functionality, outside of the core software components. VI. SECURITY 1) Please describe how your system's software would ensure security from public interference. 2) Please described how your system's software would allow for internal selective access, prevent unauthorized access, and provide audit trails for work performed and identify who performed the work. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 24 COST PROPOSAL Company: Please complete the following cost sheet. The price sheet must include unit price, quantity, and total price for each item listed if applicable. Add any additional lines as needed. ITEM UNITS UNIT PRICE TAX TOTAL SOFTWARE/INSTALLATION/TRAINING/HARDWARE Software(Application)Cost: Workstation/User Licenses Server license List and Specify any 3rd Party Software required for system Data Mgration Total Software Cost Installation Specify the installation Fees Project Management Fees Total Installation Cost Training at County of Fresno Location Train the Trainer—Admin/Supervisor Train the Trainer—Data Entry Clerk Additional Cost for 1 Day of Training Estimated Travel Expenses Total Training Cost Hardware List and Specify Hardware required for system Total Hardware Cost Taxes Total System Cost G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 25 ITEM UMTS UMT PRICE TAX TOTAL COST for HOSTING COST for N0I4-HOSTM COST for OPTIONAL FEATURES Section KA5.Provision for the creation oftemplates for use by content editors Section I1.13.9.Expansion to include intemaVintranet sites Section II.B.10.Provision for type-ahead functionality Section II.B.11.Provision for language options(Spanish/Hmong, etc.) Section KC.3.Provision for staging/development site for training/testing Section IV.D.4.On-line tutorial and/or instruction on system use MAWIE CE COST—ANNUAL Maintenance(to be paid annually) Discounts(indicate discount type,%as well as $amount) Total Annual Maintenance Cost—Year 1 Total Annual Maintenance Cost—Year 2 Total Annual Maintenance Cost—Year 3 Total Annual Maintenance Cost—Year 4 Total Annual Maintenance Cost—Year 5 G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 26 PROPOSAL CONTENT REQUIREMENTS It is important that the vendor submit his/her proposal in accordance with the format and instructions provided under this section. Doing so will facilitate the evaluation of the proposal. It will limit the possibility of a poor rating due to the omission or mis-categorization of the requested information. Responding in the requested format will enhance the evaluation team's item by item comparison of each proposal item. The vendor's proposal may be placed at a disadvantage if submitted in a format other than that identified below. Bidders are requested to submit their proposals in a binder(one that allows for easy removal of pages)with index tabs separating the sections identified. Each page should be numbered. Each binder is to be clearly marked on the cover with the proposal name, number, closing date, "Original" or"Copy", and bidder's name. Merely offering to meet the specifications is insufficient and will not be accepted. Each bidder shall submit a complete proposal with all information requested. Supportive material may be attached as appendices. All pages, including the appendices, must be numbered. Vendors are instructed not to submit confidential, proprietary and related information within the request for proposal. If you are submitting trade secrets, it must be submitted in a separate binder clearly marked "TRADE SECRETS", see Trade Secret Acknowledgement section. The content and sequence of the proposals will be as follows: I. RFP PAGE 1 AND ADDENDUM(S) PAGE 1 (IF APPLICABLE) completed and signed by participating individual or agency. II. COVER LETTER: A one-page cover letter and introduction including the company name and address of the bidder and the name, address and telephone number of the person or persons to be used for contact and who will be authorized to make representations for the bidder. A. Whether the bidder is an individual, partnership or corporation shall also be stated. It will be signed by the individual, partner, or an officer or agent of the corporation authorized to bind the corporation, depending upon the legal nature of the bidder. A corporation submitting a proposal may be required before the contract is finally awarded to furnish a certificate as to its corporate existence, and satisfactory evidence as to the officer or officers authorized to execute the contract on behalf of the corporation. III. TABLE OF CONTENTS IV. CONFLICT OF INTEREST STATEMENT: The Contractor may become involved in situations where conflict of interest could occur due to individual or organizational activities that occur within the County. The Contractor must provide a statement addressing the potential, if any, for conflict of interest and indicate plans, if applicable, to address potential conflict of interest. This section will be reviewed by County Counsel for compliance with conflict of interest as part of the review process. The Contractor shall comply with all federal, state and local conflict of interest laws, statutes and regulations. V. TRADE SECRET: A. Sign where required. VI. CERTIFICATION — DISCLOSURE—CRIMINAL HISTORY& CIVIL ACTIONS VI I. REFERENCES VIII. PARTICIPATION G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 27 IX. EXCEPTIONS: This portion of the proposal will note any exceptions to the requirements and conditions taken by the bidder. If exceptions are not noted, the County will assume that the bidder's proposals meet those requirements. The exceptions shall be noted as follows: A. Exceptions to General Conditions. B. Exceptions to General Requirements. C. Exceptions to Specific Terms and Conditions. D. Exceptions to Scope of Work. E. Exceptions to Proposal Content Requirements. F. Exceptions to any other part of this RFP. X. VENDOR COMPANY DATA: This section should include: A. A narrative which demonstrates the vendor's basic familiarity or experience with problems associated with this service/project. B. Descriptions of any similar or related contracts under which the bidder has provided services. C. Descriptions of the qualifications of the individual(s) providing the services. D. Any material (including letters of support or endorsement) indicative of the bidder's capability. E. A brief description of the bidder's current operations, and ability to provide the services. F. Copies of the audited Financial Statements for the last three (3)years for the agency or program that will be providing the service(s) proposed. If audited statements are not available, compiled or reviewed statements will be accepted with copies of three years of corresponding federal tax returns. This information is to be provided after the RFP closes, if requested. Do not provide with your proposal. G. Describe all contracts that have been terminated before completion within the last five (5)years: 1. Agency contract with 2. Date of original contract 3. Reason for termination 4. Contact person and telephone number for agency H. Describe all lawsuit(s)or legal action(s)that are currently pending; and any lawsuit(s)or legal action(s)that have been resolved within the last five (5)years: 1. Location filed, name of court and docket number 2. Nature of the lawsuit or legal action I. Describe any payment problems that you have had with the County within the past three (3) years: 1. Funding source 2. Date(s)and amount(s) 3. Resolution 4. Impact to financial viability of organization. XI. SCOPE OF WORK: A. Bidders are to use this section to describe the essence of their proposal. B. This section should be formatted as follows: GAPublic\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 28 1. A general discussion of your understanding of the project, the Scope of Work proposed and a summary of the features of your proposal. 2. A detailed description of your proposal as it relates to each item listed under the "Scope of Work" section of this RFP. Bidder's response should be stated in the same order as are the "Scope of Work" items referring to each section and number of item that it is addressing. Bidders must explain their approach and method of satisfying each of the listed items. C. When reports or other documentation are to be a part of the proposal a sample of each must be submitted. Reports should be referenced in this section and submitted in a separate section entitled "REPORTS." D. A complete description of any alternative solutions or approaches to accomplishing the desired results. XII. COST PROPOSAL: Quotations may be prepared in any manner to best demonstrate the worthiness of your proposal. Include details and rates/fees for all services, materials, equipment, etc. to be provided or optional under the proposal. XIII. CHECK LIST G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 29 AWARD CRITERIA COST A. Does the system meet the needs of the County of Fresno for an acceptable cost? CAPABILITY AND QUALIFICATIONS A. Does the bidder demonstrate professional knowledge, skills, and experience to implement the objectives of the RFP? B. Does the bidder demonstrate experience in providing the services desired within the last year? C. Does the bidder's system comply with ADA Section 508 Standards for viewing by the visually and/or physically impaired? D. Does the bidder's solution meet the functionality requirements of the RFP? TECHNOLOGY REQUIREMENTS A. Does the bidder's system meet the technological requirements as described in the RFP? IMPLEMENTATION AND MANAGEMENT PLAN A. Is the organizational plan and management structure adequate and appropriate for supporting the pre and post implementation services requested in the RFP? MAINTENANCE AND SUPPORT A. Has the bidder demonstrated the ability to meet the maintenance and support needs as described in the RFP? SECURITY A. Does the bidder provide a description/solution for security from public interference and internal authorization processes? G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc Proposal No. 208-5465 Page 30 CHECK LIST This Checklist is provided to assist vendors in the preparation of their RFP response. Included in this list, are important requirements and is the responsibility of the bidder to submit with the RFP package in order to make the RFP compliant. Because this checklist is just a guideline, the bidder must read and comply with the RFP in its entirety. Check off each of the following: 1. All signatures must be in blue ink. 2. The Request for Proposal (RFP) has been signed and completed. 3. Addenda, if any, have been completed, signed and included in the bid package. 4. One (1) original plus seven (7) copies of the RFP have been provided. 5. Provide a Conflict of Interest Statement. 6. The completed Trade Secret Form as provided with this RFP (Confidential/Trade Secret Information, if provided must be in a separate binder). 7. The completed Criminal History Disclosure Form as provided with this RFP. 8. The completed Participation Form as provided with this RFP. 9. The completed Reference List as provided with this RFP. 10. Indicate all of bidder exceptions to the County's requirements, conditions and specifications as stated within this RFP. 11. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc. transmitting your bid include the following information: FCountysno RFP No. 208-5465 May 12,2016 2:00 P.M. r Service: Web Content Management System(WCMS) Return Checklist with your RFP response. G:\Public\RFP\FY 2015-16\208-5465 Web Content Management System\208-5465 Web Content Management System.doc COUNTY OF FRESNO ADDENDUM NUMBER: ONE (1 ) RFP NUMBER: 208-5465 WEB CONTENT MANAGEMENT SYSTEM Issue Date: April 25, 2016 IMPORTANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,PURCHASING 4525 EAST HANETON AVENUE,2nd Floor FRESNO,CA 93702-4599 CLOSING DATE OF PROPOSAL WILL BE AT 2:00 P.M., ON MAY 12, 2016. PROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. PST All proposal information will be available for review after contract award. Clarification of specifications is to be directed to: Louann M. Jones, phone (559) 600-7118 or e-mail ljones(a,co.fresno.ca.us. Note the following and attached changes to the Request for Proposal number: 208-5465 and include them in your response. Please sign in blue ink and return this addendum with your proposal. ➢ Deadline for written questions has been extended to 12:00 P.M. PST, April 29, 2016. ACKNOWLEDGMENT OF ADDENDUM NUMBER One (1) TO REP 208-5465 COMPANY NAME: (PRINT) SIGNATURE (in Bluclnk): NAME & TITLE: (PRINT) Purchasing Use:LNV:ssj ORG/Requis ition:89050000/8905160643 G:\PUBLIC\RFP\FY 2015-16\208-5465 WEB CONTENT MANAGEMENT SYSTEM\208-5465 ADD 1.DOC (10/2015) Addendum No. One (1) Page 2 Request for Proposal Number: 208-5465 April 25, 2016 QUESTIONS AND ANSWERS Q1. Can you tell me what percentage of the website or departments require multiple languages on their pages? A 1. At this time there are only 1 or 2 that have a requirement from the State to provide multiple languages. Q2. Do you have an idea of how many languages in total are incorporated into the site? A2. I believe the current requirement is English, Spanish, and Hmong. This requirement can change based on County demographics. Q3. Does the County want to treat the different languages as separate sites (essentially), or do you want us to use the same design and just have translated content? A3. Same design,just translated content. Q4. If we are required/requested to deliver an Oral Presentation, is this to be done in person or via web meeting? A4. We prefer all vendor demos to be done in person. If there are extenuating circumstances, an online alternative will be acceptable. Q5. Whether companies from Outside USA can apply for this? (like, from India or Canada) A5. We prefer USA, they must have a legal ability to do business in the USA and must be able to support& respond to an 8-5 PST timeframe. Q6. Whether we need to come over there for meetings? A6. Yes Q7. Can we perform the tasks (related to RFP) outside USA? (like, from India or Canada) AT We prefer USA, they must have a legal ability to do business in the USA and must be able to support& respond to an 8-5 PST timeframe. Q8. Can we submit the proposals via email? A8. Proposals need to be submitted as detailed in the RFP (hardcopy with signatures in blue ink). Q9. Do you and the County of Fresno anticipate WCMS vendors partnering with systems integration (SI)vendors to complete this RFP/bid or do you have a separate RFP for configuration, implementation, integration, and migration work? A9. No, we will not separate the RFP, they can bid together. Q10. Is there a weighting system for award criteria? How much weight is given to the categories of the award criteria? Will it be released w/addendum? A10. We do not have the evaluation tool completed at this time and that is why the criteria is "looser". We don't normally release the evaluation tool until the Tentative Award letter is released. Since this is a Request for Proposal, not a Request for Quotation, price is just one factor to be evaluated in a RFP, price is the deciding factor in a RFQ. We want you to propose your solution to our needs as specified in the Scope of Work and the rest of this RFP. Q11. Do we have Sharepoint? What version? Is that a potential platform we would consider using? Is that environment externally accessible? Or behind a firewall? Any add-ins to Sharepoint? A11. Yes, we currently have Sharepoint 2013 installed. Yes, the County is open to using Sharepoint. The current Sharepoint is not accessible externally and is behind a firewall. No to the "Add Ins", we are pretty much running bare bones. G:\PUBTICRFP\FY2015-16\208-5465 WEB CONTENT MANAGENENT SYSTEM208-5465 ADD 1.DOC Addendum No. One (1) Page 3 Request for Proposal Number: 208-5465 April 25, 2016 Q12. With regard to new platform, is there a tech preference? Al2. The County prefers using Microsoft's .Net framework, and our coding preference is C#. Q13. CMS vendor, is there a preference to proprietary or diagnostic/open source? A 13. We are fairly agnostic. We want full support, so if we were to get an open source solution with full support from a vendor, we would be open to it. We have had questions about open source platforms and how they are "truly" support by a vendor. Q14. Regard to hosting, do we prefer on-premise, 3rd party, or cloud? A14. The County's preference is on-premise hosting at our datacenter. Q15. Do you provide SQL servers? A15. Yes, the County would provide hardware and SQL licensing based upon the specifications in the RFP response. Q16. Preference to perpetual license model? A16. Our preference is to have one license to cover all users. Q17. Have we put together total scope of budget or range for software and design/development? A 17. At this time, there is not a defined budget amount for this project. Q18. How much weight is given to cost? A18. Cost is a factor, but not the ultimate deciding factor. Q19. Will there be an opportunity for discussion/negotiating after a short list? A 19. No, but you can break things out in your proposal for various options. A menu price is preferable. We negotiate contract terms. We do not extend a "best and final offer" situation. Cover everything in the cost proposal, then add any costs for additional services that you propose. No cost increases will be negotiated after your bid is accepted. Pricing will vary according to the bids and if we choose options. You can call out"Exceptions" to our RFP on a separate page. Q20. Will there be demos after a short list? A20. Yes, the County will invite those companies that make the short list to perform a demo. Q21. Is it possible to make a word version of RFP docs available? A21. We don't do that, to avoid changes in our RFP terms. Q22. In terms of County's new CMS, requirements are clear, but how are some of the business process functions going to be handled? form? A22. We would like the public to be able to fill out a form on the site and submit it and the form will go to the right person. Q23. Would the County be interested if there was a solution framework/ building blocks/ processes with WCMS to allow workflows through a form. A23. Yes, the County would be interested in this functionality. Q24. If you migrate to a different system from Ektron / CMS 400, what are your plans for migrating content? Should that be included in this proposal or is it a separate effort. A24. It is in the current proposal (Functionality- Item #6)to migrate the current content but it would also be a joint venture between the awarded vendor and our Content Managers. G:\PUBIIC\RFP\EY2015-16\208-5465 WEB CONTENT MANAGEN ENC SYSTEM208-5465 ADD 1.DOC Addendum No. One (1) Page 4 Request for Proposal Number: 208-5465 April 25, 2016 Q25. Can you provide html content, smart forms, etc.? A25. As a ballpark figure, we currently have approximately 60,000+ pieces of content with most of it being HTML. Q26. Will it all be coming over or cleaning it all out? A26. There are currently pages within that content that is no longer relevent but most of it would be brought over. That is why it would be a joint venture between the awarded vendor and our Content Managers. Q27. Are you looking to mirror what you already have in a new design or add new functionality? A27. We don't want to lose content, but want to freshen it up as it is an eight year old design, expand, for public to submit forms, more accessible in phone/tablets, public interaction, allow the public to subscribe /be notified when content changes, etc. Q28. Page 20, Section A- Design / Layout - item #3 -Are you looking for multiple layouts or develop own layout? A28. Both, but with restrictions to allow for variety but keeping site symmetrical. Also to allow transfer of knowledge so in the event one of our Department's would like a new template, we can do it ourselves inhouse. Q29. Do you want developers to be able to make changes after deployment, so do you want estimated training cost after improvement? A29. Yes, we would like the training costs for the transfer of knowledge to our staff for template creation and modification. Q30. Is there an analytical study to indicate kind of problems we currently have? Will that be available to us? A30. Biggest complaint is the editor we are using is cumbersome, editor is not WYSIWYG, and unable to view pages on phones, tablets, etc. We cannot attempt upgrade without crashing system. Whatever platform we go with, we would like it to be pure in the sense that when an upgrade come out, we can apply the upgrade and the site still works and works well. Q31. In regards to the branding of the new site, are there specific colors, fonts, backgrounds, styles that are required? A31. Design is up to vendor, but we want to restrict how free our Content editors can be. We would like the ability to limit the number of fonts, colors, etc. We would like to stay with a consistent design feel throughout the site. If we would like to change the theme of the site, we would like that theme to cascade to all of the Department sites. Q32. Regarding Internal WCMS, are you looking for re-design for intranet as well? A32. The success of the update of the Public Facing website, could lead to implementing the selected solution for the County's Intranet Site but at a later date and time. Q33. Will county pay for hardware costs? A33. Yes, but we need to know what vendor recommends in terms of hardware and software. Q34. Do you have measurements on space, traffic, anything that would help us out? A34. We believe that there are approximate 10,000 daily hits on homepage, but we are lacking on stats due to our issues with our home grown stats serve and so we haven't been able to check it out lately. Database size is approximately 20Gb. G:\PtJBLIC\RFP\FY2015-16\208-5465WEB CONTENT MANAGENENT SYSTEM208-5465 ADD 1.DOC Addendum No. One (1) Page 5 Request for Proposal Number: 208-5465 April 25, 2016 Q35. Skill sets, regarding knowledge transfer-Do you have front end html developers on staff? A35. Our developer team has experience in Visual Studio 2013, .Net, Entity Framework, MVC, C#, Javascript, and HTML. We also have SQL & Oracle DBAs on staff. Q36. Any search appliance you have in house you'd want us to use? A36. The County has no preference on a search appliance. The only preference we have is to have Type A Head functionality (i.e. suggestive results during typing). Q37. How much do you want vendor to give as far as advice up front on first page, talking to depts., etc. on best way to lay site out for user experiences? A37. We are not looking for something like that. We'd like for it to be easy for public to come and get what they're looking for. If you have experience working on gov't sites, give us what works. Q38. Does county have content auditing needs or requirements? A38. No, not at this time. Q39. Content strategy-Do you think it's worth talking content strategy as part of the proposal? A39. Certainly, we would be interested. Q40. Tell me how many people need to be trained? A40. How many admin level, versus updating content? 3-4 developers, 3-4 admins, and approximately 50 content editors. Q41. Considering the design of your current site, have you seen any that stand out to apply to new site? A41. Not really, but see a growing trend to aesthetic visibility---but we want vendor to show us what they can do. Q42. Hosting vs. Serving, Can you explain why you prefer on-site hosting. A42. We try to keep data local, as a government entity, it's a generational thing. We will consider cloud, but like being in control of data and up-time. Q43. Would you prefer hosting vs non-hosting cost proposal? A43. Yes. Q44. How much weight will be given to vendors with lots of gov't experience? A44. It would be very beneficial if your company has experience with government websites. Q45. Can you describe current infrastructure? A45. Development, staging, production servers-along with a couple of instances on one (1) SQL server. Q46. Are you looking to continue with same type of infrastructure? A46. Yes, we are looking for a similar infrastructure. Q47. Are you leaning towards Ektron? A47. We are platform agnostic and are open to all platforms. Q48. How many visitors to site? A48. Ballpark 50K+ 100K per month. We would like to be able to exclude internal hits as the County's Homepage is the default home page for some County Departments. G:\PUBTICRFP\FY2015-16\208-5465 WEB CONTENT MANAGENENT SYSTEM208-5465 ADD 1.DOC