REQUEST FOR PROPOSAL RFP # 11-04 · REQUEST FOR PROPOSAL RFP # 11-04 RADIO & TOWER MAINTENANCE , REPAIR AND ENGINEERING SERVICES PROPOSAL DUE March 24, 2011 at 2:00 PM San Joaquin

REQUEST FOR PROPOSAL RFP # 11-04

RADIO & TOWER MAINTENANCE , REPAIR AND ENGINEERING SERVICES

PROPOSAL DUE

March 24, 2011 at 2:00 PM

San Joaquin County Purchasing and Support Services

44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2930

BUYER: Jon Drake, [email protected], (209) 468-3250

RFP 11-04 Page 1 of 53 Radio & Tower Maintenance, Repair and Engineering Services

TABLE OF CONTENTS

DESCRIPTION PAGE

KEY ACTION EVENTS AND DATES ......................................................................................... 2

INTRODUCTION ....................................................................................................................... 2

SCOPE OF WORK ..................................................................................................................... 3

GRADING CRITERIA .............................................................................................................. 11

GENERAL PROPOSAL REQUIREMENTS .............................................................................. 12

SPECIFIC CONTRACT REQUIREMENTS .............................................................................. 16

SUBMITTAL OF PROPOSALS ................................................................................................ 19

PROPOSAL COST SUMMARY ............................................................................................... 20

ATTACHMENT A - QUESTIONNAIRE .................................................................................... 21

ATTACHMENT B – IDENDIFICATION SHEET ....................................................................... 22

ATTACHMENT C – REFERENCES ......................................................................................... 23

ATTACHMENT D – NON COLLUSION AFFIDAVIT ................................................................ 24

ATTACHMENT E – PROPOSAL AUTHORIZATION SIGNATURE PAGE .............................. 25

ATTACHMENT F – VENDOR IN-COUNTY FACILITY TEST EQUIPMENT ............................ 26

ATTACHMENT G – PORTABLES AND PAGERS .................................................................. 28

“Installation, Removal, & Programming Pricing Sheet .................................................................

ATTACHMENT H – “24/7 RESPONSE MICROWABE & BACKBONE EQUIPMENT” ............ 29

ATTACHMENT I – “NEXT BUSINESS DAY RESPONSE CORE/MOBILE EQUIPMENT” ...... 36

EXHIBIT A – EQUIPMENT SITE LOCATIONS ...................................................................... 43

EXHIBIT B – SAMPLE CONTRACT ........................................................................................ 44


1.0 KEY ACTION EVENTS AND DATES

Listed below are the events and dates for this RFP. All dates are subject to revision. Event No. Description Date 1. Release of RFP Friday, February 18, 2011 2. Mandatory Pre-Proposal Conference Monday, February 28, 2011 – Review of RFP at 10:00 AM 3. Last day for Proposers to submit questions Tuesday, March 8, 2011 by 5:00 PM 4. Last day for County to answer questions Tuesday, March 15, 2011 5. Proposal is due no later than 2:00 PM Thursday, March 24, 2011 6. Award TBD

2.0 INTRODUCTION

The County of San Joaquin is soliciting Proposals to provide RADIO & TOWER MAINTENANCE, REPAIR AND ENGINEERING SERVICES, in accordance with the Terms, Conditions and Specifications contained herein. Prospective Proposers are responsible for having full knowledge of this project and all issues affecting it.

**MANDATORY PRE-PROPOSAL CONFERENCE** There will be a Mandatory Pre-Proposal Conference scheduled for Monday, February 28, 2011 at 10:00 AM, at the Purchasing Department Bid room, Located at 44 N. San Joaquin Street, Suite 540, Stockton, CA 95202. Only those Prospective Proposers attending this Conference will be allowed to submit a proposal.


3.0 SCOPE OF WORK

3.1 SPECIFICATIONS San Joaquin County ISD Communications Department (SJC ISD Communications Department) invites qualified vendors to submit a proposal to provide Public Safety Radio and Tower systems maintenance, repair and engineering services for the entire SJC ISD Communications Department radio system including any and all remote tower sites throughout San Joaquin County. There is no expressed or implied obligation for SJC ISD Communications Department to reimburse responding vendors for any expenses incurred in preparing proposals in response to this request. Contractor shall furnish all services, parts, material, and labor to support the operation of the County’s private voice and data wireless systems. The County requires a high level of “Systems Support” under this contract. The integration of both voice and data subsystems requires extensive knowledge and experience in both the Radio Frequency (RF) and information technology fields. The equipment and systems supported will include: wide area RF analog and digital voice modulation, encryption, Public Safety mobile data infrastructure, PSAP consoles, digital microwave, fiber MUX, and CSU/DSU equipment. Parts and materials used shall be in accordance with equipment manufacturer’s recommendation and approved by the County. Manufacturers include Motorola, Adtran, Pelco, Cisco, Zetron, IMAC and Harris.

A. Installation of new systems will be an additional charge to the County and will be

negotiated with the new system purchase. This includes mobile and portable units. The contractor and the County will reference “ATTACHMENT G” for mobile removal,

installation and programming pricing. B. Services will be provided in accordance with manufacturer’s standard commercial

practices and will be performed at a location agreeable to the County. Motorola products must be installed and repaired per the Motorola R56 2011 standards where applicable.

C. Contractor shall not have the right to subcontract in whole or in part any service delivered

to the County under this contract without prior approval of the County. D. All equipment shall be maintained at a level no less than equal to the maintenance

specifications recommended by the manufacturer for the items on the equipment schedule. To support these tasks, contractor must provide an authorized Motorola service and warranty center in the County with component level repair facilities staffed for “ on demand “ Public Safety” services.

E. Nondisclosure of Confidential Information: CONTRACTOR and the COUNTY agree

that any and all information identified by the other as “Confidential” or “Proprietary” or that, under the circumstances, ought to be treated as confidential or proprietary, will be held in confidence and will not be disclosed to any third party without the consent of the other party. These confidentiality obligations shall not apply to any information or development that


(i) is or subsequently becomes available to the general public other than through a breach by the receiving party,

(ii) is already known to the receiving party before disclosure by the disclosing party (iii) is developed through the independent efforts of the receiving party, or (iv) the receiving party rightfully receives from a third party without restriction as to

the confidentiality or use. Further these confidentiality obligations shall not apply to information or materials that are required to be disclosed by a subpoena or court order or other legal process of a court or governmental or regulatory authority, provided however, that the party being compelled to disclose such information or materials shall promptly notify the other party of any such requirement to enable to such party to seek protective relief there from and shall reasonably cooperate as the other party may request in connection therewith. The terms of confidentiality under this Agreement shall not be construed to limit either party’s right to independently develop or acquire products without the use of the other party’s confidential information. The Public Safety equipment inventory list provided with this RFP shall be held in confidence and will remain the property of the County and shall be returned at the termination of the resultant contract.

F. The County reserves the right to add, delete, or change equipment on the “Radio

Inventory Equipment Schedule” as required by the County’s designated representative(s). Additions or deletions may be single items or include complete facilities. For additions or changes, the monthly cost of maintenance shall be determined on the same basis as the prices currently in effect for existing items. Such additions, deletions or changes, shall become effective immediately for service but charges shall coincide with the beginning of the next fiscal calendar year.

G. Contractor shall maintain a stock of service parts and components in an adequate

amount to ensure prompt maintenance and repair of the County’s schedule of equipment. The cost of the inventory of spare parts shall be the bidder’s responsibility.

H. All parts and sub-assemblies proposed to be replaced by contractor shall be replaced

as recommended by the manufacturer of the equipment; however, substitutions may be proposed by the bidder and shall be subject to approval by the County’s designated representative(s). Items proposed for substitution shall be reviewed by the County’s representative for compliance with manufacturer’s specifications and field performance standards.

I. Routine maintenance will be available Monday through Friday, 8:00 a.m. – 5:00

p.m., excluding County’s holidays. Equipment removed from service for routine maintenance and found to require unusual down time, extensive repair or beyond repair shall be reported immediately to the County’s designated representative (ATTACHMENT I – Core Equipment List)

J. Contractor shall, at its sole cost and expense, furnish an existing local “In-County”

facility, with service vehicles and test equipment required for furnishing services pursuant to this bid. The County may inspect these assets throughout the contract period for compliance. Reference “ATTACHMENT F” for required test equipment for this contract. Contractor’s work within County’s facilities shall be confined to the area occupied by the operating equipment during its normal use, except as authorized by the County’s designated representative(s).


K. Emergency Service – In addition to regularly scheduled maintenance contractor must meet the following criteria:

Contractor will provide emergency service three hundred sixty-five (365) days per year, twenty-four (24) hours per day with thirty (30) minute response time as follows:

1. Five local service technicians shall be made available for emergency service at

any time during the contract period. The County’s designated representative(s) will direct the technicians.

2. In case of an Emergency the County’s designated representative(s) will direct contractor’s technicians. The priority of service will be determined by the nature of the problem.

3. Contractor will provide the means of contacting the emergency service technician

(e.g., telephone, Cellular phone, pager, etc.) oR the designated technician who is on call.

4. Base stations, repeaters, Communications Center Equipment, and key emergency vehicles require 24-hour emergency service (ATTACHMENT H - Microwave / Backbone Equipment list).

L. The Maintenance and repair service is intended to be a comprehensive service that

includes all parts and labor. To insure the quality of repair to the County’s radio investment, on site component level repair is required. County equipment sent to repair depots will require County pre-approval. See Exhibit ‘A’ - Equipment Site Locations for list of equipment sites.

M. Contractor shall not make modification of equipment unless specifically approved by

the County’s representative. N. It shall be the responsibility of contractor to notify the County and comply with all

agency requirements for licensing and permits required for the legal operation of the County’s systems. At a minimum the Contractor’s Systems Integrator shall possess a FCC Radio and Telephone license. Contractor shall possess a valid State of California Electrical Contractors license, required manufactures certifications, County business licenses. Any other application required to maintain valid licenses and permits now or in the future shall be the responsibility of Contractor.

O. Employees assigned to the maintenance of County equipment will be required to

pass a background investigation conducted by the San Joaquin County Sheriff’s office. Successful Proposer will be responsible for all fees for background check for each employee, including back up employees.

P. Contractor shall assign representatives to coordinate the performance of the proposed

contract with the County’s representative(s). The County’s designated representative(s) shall be responsible for requesting scheduling, installations, modifications, equipment removals, and requests for service. Contractor shall staff and maintain during the contract period, experienced human resources to coordinate daily service, repairs, parts ordering, installations, equipment tracking and problem resolution. Contractor shall provide quarterly service statistics and inventory control, including equipment model and serial number, unit date-in/date-out, County asset


number, unit description, repair ticket number, repair turn- time, units waiting for parts, and a year-to-date equipment repaired log.

Q. Any requests for service received by the contractor representative from other than

the County’s designated representative shall immediately be referred to the County’s designated representative who shall approve or obtain approval for the request prior to authorizing the proposer to perform the work requested.

3.2 REPORTS AND TRACKING OF SERVICES The following report is required: A. Vendor will be responsible to provide, on a weekly basis, a detailed written recap of the

services rendered by day during the previous week. This recap must be included with the vendor’s monthly invoice (itemized) and include the following:

1. Vehicle number or equipment location 2. Type of equipment 3. Model number 4. Serial number 5. County’s inventory number 6. Complete description of work performed, including time required, and parts used.

B. The following notification of services to be performed are required: 1. The Vendor shall also attend a weekly meeting with County designated

representative which topics will include but are not limited to, weekly trouble ticket reports, open ended items and time-line and project updates.

2. Prior to work being done, the vendor will notify SJC Customer Care station and

request for the Customer Care operator to open a work order ticket in SJC Trackit system with following details:

a. Vehicle number or equipment location b. Type of equipment c. Model number d. Serial number e. County’s inventory number f. Complete description of work performed, including time required, and parts

used.

3.3 RESPONSE/REPAIR TIME Upon receipt of notice of outage or malfunction, Contractor shall initiate repair or adjustments as required to place the equipment in normal working condition. Response time is defined as the allotted time, from receipt of trouble call to arrival at equipment site by authorized service personnel. The following response times will apply. A. Vendor will quote a cost associated with Twenty-four (24) hour coverage, thirty (30)

minute response, will be provided on base stations, repeaters, dispatch consoles, and key command vehicles, 365 days per year.


B. Vendor will quote a cost associated with Twenty-four (24) hour coverage, Sixty (60) minute response, will be provided on base stations, repeaters, dispatch consoles, and key command vehicles, 365 days per year.

C. The remaining equipment will be covered on a normal five day (Monday through Friday), 40-hour workweek. Response will be same day whenever possible.

D. Cisco Routers on Harris Microwave SONET ring:

1. On site advance hardware replacement with configuration restoral is required. 2. All parts, hardware, material and labor required for maintenance delivered On-site

within 4 hours after the problem has been assessed. 3. The County may allow next day delivery of the hardware based on the site of

outage and the current availability of the product. 4. The on-site technician provided by the vendor must be Cisco Certified and have a

minimum of a CCNA certification by Cisco. 5. The vendor may hire a subcontractor to perform the Cisco maintenance contingent

on San Joaquin County’s prior approval. The subcontractors name and qualifications must be submitted at the time of the bid response. The County reserves the right to reject any subcontractor that the County determines does not meet the minimum qualifications needed to provide support.

E. Software support and updates:

1. Vendor will be responsible for the installation of defect patches and maintenance

releases as defined by the manufacture as a major requirement for the ongoing operation and support of the hardware.

2. The management agent software on all hardware provided will be the same version or higher on all advanced replacement hardware.

3.4 MAINTENANCE STANDARDS A. All equipment shall be maintained to manufacturer’s specifications. Motorola R56

standards shall be applied to all fixed equipment. B. Exact manufacturer’s replacement parts shall be used in the repair of radio equipment

to the maximum extent practical. C. Preventative maintenance shall be performed on a semi-annual basis on fixed

equipment and shall include as a minimum the following:

1. Physical inspection of equipment, housings, line kits, antennas, controls, microphones, and cables. Adjustments or corrections shall be made as required.

2. Any oil, water, dust, and foreign substances shall be removed from the equipment. 3. Measurement of transmit power output and adjustment to rated output as

necessary. 4. Measurement of the reflected power of the transmitter antenna system and

any required correction or recommendation for necessary work. 5. Measurement and any necessary adjustment of frequency and modulation, as

often as required by the FCC. 6. Measurement and any necessary adjustment of receiver sensitivity.


7. Measurement and any necessary adjustment of CTCSS system. 8. Any other corrective action necessary to bring equipment manufacturer’s

specifications. D. Power output of all transmitters shall be maintained within 10% of the

Manufacturer’s Rated Output Power unless otherwise directed by the County or restricted by the Federal Communications Commission.

3.5 INSTALLATION STANDARDS A. Equipment shall be securely mounted in such a manner as to prevent coming loose

due to vibration.

B. All cables shall be neatly arranged and taped or tied, where necessary, and positioned in a manner to protect them from damage.

C. The antenna system shall be properly matched and tuned to provide optimum power

output from the antenna. D. The finished installation shall be checked physically and technically and any corrective

work shall be done. E. The County shall give the Contractor at least two days notice when requesting

installation work unless emergency conditions exist, e.g., a vehicle accident.

F. System integrity is vital in a complex communication system, the County reserves the right to assess the qualifications of persons called upon to perform design, reconfiguration and installation work on equipment included or added to in this contract. The County’s RF systems share various modes of wide area interconnected transport. The Contractor must have 7X24 access to qualified data and voice specialists to support this contract containing critical Public Safety voice and data circuits.

G. Fixed equipment installation must meet industry and Motorola R56 standards.

H. Programming shall be provided in this contract to restore the frequency configuration caused by unit failure and/or to support the servicing of unit.

I. Category 5e and VIP 1000 standard for voice and data cabling, cabling management and cable terminations shall be installed and tested by a certified cabling technician with a State Contractor license.]

J. RF coaxial antenna lines shall be terminated/connected by a certified Andrew RF installer.


3.6 ADDITIONAL SUPPORT, STANDARDS, PROFICIENCIES AND REQUIRED EXPERIENCE

A. Contractor must maintain during the contract period the following status as a Motorola

MSS, Motorola Warranty Repair Center, State of California Electrical Contractors License, Computer Networking Certifications, Harris Corporation approved subcontractor status and Harris Training Certifications and Cisco certification.

B. Contractor shall work with telephone company personnel to identify location of any

malfunctions of leased lines. Contractor shall follow the telephone companies written reporting processes.

C. Contractor shall work with other equipment maintenance contractors who are under

contract with the County for the maintenance of equipment and/or sub-systems, which are interconnected, interfaced, or associated with the County’s RF systems or data systems. The maintenance contractors trained technicians must have industry training in but not limited to:

Product Training Certificate Required Motorola Gold Elite yes Motorola Astro Products yes Motorola Spectra Products yes Motorola Data Systems yes Motorola MSS yes Motorola Warranty Center yes Harris Subcontractor status yes Harris Mega Star Microwave yes Harris Constellation Microwave yes Harris True Point yes Harris Far Scan yes Cisco ONS MUX yes Cisco CCNA yes Cisco Aironet yes Intraplex Channel Banks yes Adtran TSU 600/100 yes Zetron Radio and Paging Products yes APCO and/or FCC certified technicians yes State Contractors License yes Proxim Wireless yes

The technician must possess the above equipment training and or certification at a minimum, and must have proven experience installing and maintaining the technologies described above. It is imperative that the technician possess excellent communication, technical writing, and customer service skills. In addition, proposals shall include a plan for measurement and maintenance for all systems and equipment including but not limited to;


1. Communications service monitor with digital capable spectrum analyzer 2. Laptops w/1 GHz RAM Windows, Farscan & Provision 3. T.I.M.S (time in microseconds) set 4. Microwave power meter for 2 GHz to 10 GHz minimum 5. Spectrum analyzer for 2 GHz to 18 GHz minimum 6. Microwave Frequency Counter for 2 GHz to 18 GHz minimum 7. DB meters for setting levels 8. Watt meters 9. Tower climbing crew-certified 10. Radio propagation and mapping software 11. Microwave point to point mapping software 12. Pagers and/or cell phone 13. Any other industry standard and customary equipment

D Provide a written narrative about your organization. Include the following and any

other resource “in-house” that would be beneficial to the County under this systems maintenance contract.

Resumes of management Resumes of technical staff Resumes of systems Integrators Copy of Technical Certificates Mobile data experience Computer networking experience RF design experience Resumes of system integration personnel Resumes of project management personnel Largest MA account Government client references (5 each with contacts and numbers) Describe reputation of your firm with Government clients Test equipment (list models and quantity reference) Schedule “place of business and service facility” tour with County Communications Explain and provide example of technical writing ability Demonstrate and describe ability to provide requested services and support to SJC Public Safety Radio Systems

THIS SPACE IS INTENTIONALLY LEFT BLANK


4.0 GRADING CRITERIA

After determining that a proposal satisfies the mandatory requirements stated in this request for proposal, the comparative assessment of the relative benefits and deficiencies of the proposal in relationship to published evaluation criteria shall be made by using subjective judgment.

The RFP process, the County reserves the right to negotiate a contract based on all factors involved in the written proposal without further discussion or interview. The award of a contract resulting from this request for RADIO & TOWER MAINTENANCE, REPAIR AND ENGINEERING SERVICES shall be based on the best proposal received in accordance with the evaluation criteria stated below:

PROPOSAL EVALUATION CRITERIA AND RATINGS

Soundness of Approach - POINT VALUE=0-30 Overall Qualifications of the Vendor - POINT VALUE=0-20 (4 pts. max each)

a. Experience with this service and working with proposed technology environment b. Experience interacting with computer users c. Current valid certification d. Site access equipment e. Technical equipment

Qualifications of Individuals performing the service—POINT VALUE=0-15 Budget—POINT VALUE=0-35 Based on the evaluation of proposals received, the County may, at its sole discretion, produce a short list of the most qualified firms and require oral presentations and interviews. Those firms invited to presentations/interviews will be notified of the dates, times, and location of their interviews.



5.0 GENERAL PROPOSAL REQUIREMENTS

1. CONTRACTOR RESPONSIBILITIES:

All procedures and services must be in compliance with all Federal, State, and County Local Laws and Regulations. The Contractor will be responsible for the following:

2. BASIS FOR SELECTION AND CONDITIONS

The responsiveness, competency and responsibility of Proposer and of their proposed subcontractors will be considered in making the award of contract. Any Proposer before being awarded a contract may be required to furnish evidence satisfactory to the County that Proposer and their proposed subcontractors have sufficient means and experience in the type of work called for to assure completion of the contract in a satisfactory manner. The County reserves the right to reject the proposal of any Proposer as not responsible and not qualified to do the particular work under consideration who have previously failed to perform properly or to complete on time contracts with the County of a nature similar to this project. Other factors that may be considered by the County to determine a responsible proposal and the overall capability of the Proposer to satisfactorily complete the work under consideration may include, but are not limited to: insufficient experience, experience on other public projects, experience doing the same type of work, length of tenure and capacity with bonding or insurance company, financial stability, and whether a Proposer has been terminated on other projects. A responsive proposal is one that meets all terms, conditions, and specifications of the RFP. The bid must comply with the content requirements of the RFP documents. The Proposer must perform and do what the RFP documents and contract required and said they must do, whether it be pricing in a certain way, attending a mandatory pre-bid conference, providing bonds, etc. Other examples where a proposal might be declared and found to be non-responsive include:

• Proposal is substantially incomplete • Proposal is not signed • Proposal is delivered late • No acknowledgement of critical addenda • Significant discrepancies appear in the response

A responsive proposal conforms to RFP specifications. However, a proposal which substantially conforms, though not strictly responsive, to a call for proposals may be accepted if the variance cannot have affected the amount of the proposal or given a Proposer an advantage or benefit not allowed other Proposers or, in other words, if the variance is inconsequential. The County reserves the right to reject any and all proposals or alternatives and waive any informality or irregularity in the proposals or in the bidding, and to determine responsiveness and responsibility of Proposer, including but not limited to those areas mentioned above.


3. The County of San Joaquin has a 5% local vendor preference; however the preference shall not exceed $7,500.00 per bid. Click on the link below to view San Joaquin County’s Policy and Procedures.

http://www.sjgov.org/SupportServ/dynamic.aspx?id=10217

4. SAN JOAQUIN COUNTY GREEN PURCHAISNG POLICY:

San Joaquin County has a Green Purchasing Policy, please click on the link to view.

http://www.sjgov.org/SupportServ/dynamic.aspx?id=10128

5. SUBMITTAL FORMAT

A. Forms to be included in your response are listed below:

1) Attachments A-F 2) Attachments G, H, I to be submitted in a separate sealed envelope 3) Licenses / Certifications as required 4) References 5) Addendum(s)

Vendors are to indicate acknowledgement, sign, and return Addendum(s) with their response. The County reserves the right to reject any responses deemed to be non-responsive.

6) One (1) copy of proposal clearly marked “ORIGINAL”, four (4) copies clearly marked “COPY”, and one (1) electronic copy.

B. Narratives as described in the Scope of Work section of this RFP.

6. SPECIFICATION CHANGES: The County may, during the proposal period, advise the Proposer in writing of additions, omissions, or alterations in the specifications. Changes shall be included in the RFP and become part of the specifications as if originally submitted.

7. AMENDMENTS: The County may, during the proposal period, advise the bidder by bulletin or addenda of additions, omissions or alterations in the specifications. All such changes shall be included in the proposal and become a part of the specifications as if originally submitted. No one is authorized to amend this proposal in any respect, by an oral statement, or to make any representation or interpretation in conflict with the provisions of this RFP. If necessary, supplementary information in addendum form will be prepared and posted on the “Purchasing Open Bids” website. It is the Proposer’s responsibility to obtain, sign and submit all addendum(s) for the RFP at:

http://www.sjgov.org/supportserv/Control/PurchasingBids.asp


Failure of Proposer to not submit signed addendum(s) with their proposal shall be cause for rejection.

Any exceptions taken to this RFP shall be clearly stated in writing.

8. RFP WITHDRAWAL:

Any Proposer may withdraw their proposal, either personally or by written request, at any time prior to the date and time due.

9. RIGHT TO REJECT PROPOSALS:

San Joaquin County reserves the right to reject any and all proposals, or any part of a proposal; to waive minor defects or technicalities; or to solicit new proposals on the same project or modified project, which may include portions of the original RFP document, as the County may deem necessary and in its best interest. False, incomplete or unresponsive statements in connection with a submitted proposal may be sufficient cause for rejection. The County will be the sole judge in making such determinations.

10. EXAMINE SPECIFICATIONS: Proposer shall thoroughly examine and be familiar with the specifications herein. Failure or omission of any Proposer to receive or examine any form, instrument, addendum or other document, or become acquainted with existing conditions, shall in no way relieve Proposer from any obligations with respect to Proposer’s offer or to the contract. Submission of a proposal shall be taken as prima facie evidence of compliance with this section.

11. SITE INSPECTION:

Proposers shall have examined the work sites, and shall be responsible for having acquired full knowledge of the job and of all issues affecting it. No variations or allowances from the contract sum will be made because of lack of such examination.

12. ALL RFP DOCUMENTS PART OF FINAL CONTRACT:

Any RFP documents, letters and materials submitted by the Proposer shall be binding and included as part of the final contract. Unauthorized conditions, limitations or provisions attached to proposals may cause its rejection.

13. EXCEPTIONS:

Any exceptions to this RFP must be stated in your proposal. It is otherwise assumed that the wording within this document is acceptable and agreed to by the Proposer.


14. RESULTING CONTRACT:

Through the RFP process, the County reserves the right to negotiate a contract based on all factors involved in the written proposal without further discussion or interview.

The performance of the contract resulting from this proposal shall be governed, construed and interpreted according to the laws of the State of California.

Terms and Conditions of a resulting contract shall be those of Exhibit B “Sample Contract”. Any contentions must be submitted with your RFP.

15. NOTICE:

Any notice, demand, request, consent approval or communication that either party desires or is required to give the other party shall be in writing and either serviced personally or sent by pre-paid first-class mail, or the equivalent thereof by private carrier. Any such writing shall be addressed to County of San Joaquin, Purchasing Department, 44 N. San Joaquin Street, Suite 540 Stockton, CA, 95202-2931, Attention: Jon Drake RFP #11-04



6.0 SPECIFIC CONTRACT REQUIREMENTS 1. AWARD OF CONTRACT: This RFP is open to award separate contracts to multiple vendors based on bids

received for all three coverage’s, or only individual coverage’s. See “Proposal Options” and Exhibits A, C, & D. Contracts will be awarded based on the vendors’ ability to demonstrate they will provide Public Safety Radio Communications and Systems Support Service that will best suit the needs of San Joaquin County, Information Systems Division, Communications Department. The county reserves the right to have work performed directly through the manufacturer if in the best interest of San Joaquin County.

2. CONTRACT PERIOD: An agreement for a three (3) year period will be awarded to the vendor offering price,

service, delivery and support deemed to be to the best advantage of the County of San Joaquin. The County Purchasing Agent shall be the sole judge in making this determination.

3. CONTRACT EXTENSION:

The County may elect to extend the contract for a maximum of two (2) additional one (1) year periods.

4. CANCELLATION OF CONTRACT:

The County reserves the right to cancel the contract for documented non-performance if the Contractor fails to provide a satisfactory level of service for delivery time, substitutions, back orders, improper bookkeeping, or other causes which results in user department dissatisfaction.

5. INVOICING/PAYMENT:

Invoices shall be sent to the County of San Joaquin, Information Systems Division, 44 N. San Joaquin Street, Suite 455, Stockton, CA 95202. All invoices must reference the Purchase Order number. Bidder agrees to the County’s payment terms of Net 30 days.

6. PERMITS, LICENSES, ORDINANCES AND REGULATIONS:

A. Compliance Requirements:


The Contractor shall keep themselves informed of and observe all prevailing Federal and State laws, rules and regulations pursuant thereto, which in any way affect the conduct of work and/ or services addressed by the agreement. The Contractor shall, at their expense, obtain all permits and licenses required for conduct of the agreed upon work. Said work and/or services shall be performed so that all laws, regulations and ordinances shall be obeyed.

B. Violation of Laws, Regulations and Ordinances: The Contractor shall save harmless, defend and indemnify the County and all it’s officers, agents and employees, against any liability or claim arising from or based upon the violation of any law, ordinance, regulation, order or decree, whether by himself, his agent, employee or his subcontractor or their agent or employee.

C. Notice Requirement:

The Contractor shall give all notices as may be required by permits, licenses, etc., that may be required to commence, carry on and complete the agreed upon services and/or work.

7. ADDITIONS AND CHANGES TO CONTRACT:

No additions or changes may be made to the terms and conditions of this Agreement without prior mutual consent in writing. This Agreement is not assignable. **NOTE** See Section 3.1 SPECIFICATIONS Item F (page 4)

8. CARE OF THE SITE AND ADJACENT PREMISES:

The Contractor shall be held responsible for the care and preservation of the site on which the work/service are to be performed, and of the adjacent premises and coterminous property as applicable to the agreed upon work/services. Any part of such premises injured, damaged or disturbed because of the contractor’s work, shall be repaired, replaced or cleaned by them at their sole expense, and to the County’s complete satisfaction. Where property of the County is damaged, the Purchasing Agent may add to any amount due, an amount sufficient to repair any and all damages, or to replace any such damaged property, if replacement is deemed by them to be necessary.

9. PREVENTION OF ACCIDENTS AND DAMAGE TO PROPERTY:

The Contractor shall be fully responsible for accidents to the public and/or damage to public and private property on the site of the work, as provided in the plans and specifications.

10. INSURANCE:

A. Requirements: The Contractor shall not commence work until they have obtained all insurance required and the County has approved such insurance.


San Joaquin County, it’s officers, agents and employees are to be named as ‘’Additional Insured’‘ and the insurance policy shall contain provisions that such policy may not be canceled or reduced, except after thirty (30) days written notice to the County.

Copies of insurance certificates shall be filed with the Purchasing Agent, prior to any work commencing.

B. Liability Limits:

1. General Liability:

BI & PD combined/occurrence $1,000,000.00 /aggregate $1,000,000.00

Personal Injury/ aggregate $1,000,000.00

2. Workers’ Compensation and

Employer’s Liability Statutory Requirement

C. Certification:

In accepting any contract with the County, the Contractor makes the following certification, required by Section 1861 of the Labor Code:

‘’I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for Workmens’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’‘

11. INDEMNIFICATION:

The Contractor agrees to defend, indemnify and hold harmless the County of San Joaquin, it’s officers, employees, agents and servants for any and all liability caused by the negligence or willful act of the Contractor, arising out of the performance of this agreement, and to pay all claims, damages, judgments, legal costs, adjuster fees and attorney fees relating thereto, without set-off sue to the contractor’s rights, if any, to apportionment between joint tort feasors. This indemnity obligation extends to, but is not limited to, all acts, omissions and active and/or passive negligence by the Contractor. Nothing contained in this indemnity provision shall be construed to require the contractor to indemnify the County in contravention of Section 2782 of the Civil Code.


7.0 Submittal of Proposals Sealed Proposals will be received at the Office of the Purchasing Agent at 44 N. San Joaquin Street, Suite 540, Stockton, CA 95202-2930, until Thursday, March 24, 2011 at 2:00 PM. ALL PROPOSALS SHALL BE ADDRESSED AS FOLLOWS:

Request for Proposal 11-04 Purchasing Agent

County of San Joaquin 44 N. San Joaquin Street, Suite 540

Stockton, CA 95202-2930

The Proposal envelope shall have stated thereon the name and address of the submitting Contractor.

PROPOSALS WILL NOT BE ACCEPTED AFTER Thursday, March 24, 2011 at 2:00 PM. ALL PROPOSALS RECEIVED AFTER SAID TIME AND DATE WILL BE TIME-STAMPED AND RETURNED UNOPENED TO THE SUBMITTER. THE COUNTY WILL NOT ACCEPT PROPOSAL RESPONSES SUBMITTED BY FAX OR EMAIL.



8.0 Proposal Cost Recap ALL PRICING TO BE SUBMITTED IN A SEPARATE SEALED ENVELOPE. The County is asking for a fixed price for five (5) years. Indicate on the original inventory price pages included with this RFP for inclusive services and add a separate page stating how many install removals are covered under your pricing structure for each option. Each coverage may be bid on individually or as a group. You are not required to bid on all three coverages. Portable Time & Materials coverage Provide the County with a pricing option for the following replacement parts and installation services as inclusive to this RF support services contract (ATTACHMENT G). Microwave & Back bone – 24hr/7day coverage List individual unit pricing to include the maintenance of all microwave tower and backbone equipment for the duration of the contract. You may as an example state that your inclusive contract amount includes “XX” tower site visits/preventative maintenance per year. As a part of the schedule, proposer shall include a list of all items not covered in the monthly charge. (ATTACHMENT H). Core Mobile - Next business day coverage List individual unit pricing to include the replacement of all-mobile radio antennas, and the removal and installation of mobile radio equipment in vehicles for the duration of the contract. (ATTACHMENT I).



ATTACHMENT A – QUESTIONNAIRE Please answer the following questions as fully as possible. (Attach additional sheets as required)

1. Discuss your company's experience and background regarding Public

Safety Radio Communications and Systems Support Service type contracts. 2. Discuss similar projects performed (must be contracts with other entities

than San Joaquin County) in the past 5 years. Provide dollar volume, scope of work and other services performed.

3. Discuss the qualification of the representative(s) who will be handling the County account. Please include their specific office location, qualifications of their staff and the time commitment that will be offered to the County under this contract:

4. The contractor shall include sufficient information regarding their

organization’s ability to perform Public Safety Radio Communications and Systems Support Service. This shall include the following information:

a. Number of personnel, with the required skills, that will be assigned to

this contract.

b. Financial resources to complete the required performance under the contract.

c. Experience, in similar endeavors, with other state and local government agencies.


ATTACHMENT B - IDENTIFICATION SHEET RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL Type or print the following information: Company: Address: (City) (State) (Zip) Name: Title: E-mail: Telephone: ( ) Fax: ( ) Years in business: Number of employees: Name of Insurance carriers: Public Liability: Expires: Workers’ Compensation: Expires:


ATTACHMENT C - REFERENCES

SIMILAR CONTRACTS/RFPS PERFORMED: List below contracts under which the Proposer has provided similar services during the past three (3) years.

Proposer’s financial stability, technical and support capabilities will be verified through reference checking, which may include site visits and contact with other clients or vendors.

FIRM NAME: _______________________________________________________________

ADDRESS:_________________________________________________________________

PHONE NUMBER: EMAIL: CONTACT PERSON: _________________________________________________________ DATE OF CONTRACT: ___________________________through _____________________

FIRM NAME: _______________________________________________________________

ADDRESS: _________________________________________________________________

PHONE NUMBER: EMAIL: CONTACT PERSON: DATE OF CONTRACT: ___________________________through _____________________

FIRM NAME: _______________________________________________________________

ADDRESS:

PHONE NUMBER: EMAIL: CONTACT PERSON: _________________________________________________________ DATE OF CONTRACT: ___________________________through _____________________


ATTACHMENT D - NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23, United States Code Section 112, and Public Contract Code 7106, the bidder declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other proposer to submit a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the Proposer has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. NOTE: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on

the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Proposers are cautioned that making a false certification may subject the

certifier to criminal prosecution. Proposer’s Signature _________________________ Date ____________________


ATTACHMENT E - PROPOSAL AUTHORIZATION

SIGNATURE PAGE

The undersigned, having carefully read and examined this RFP, and being familiar with (1) all the conditions applicable to the work for which this proposal is submitted; (2) with availability of the required equipment, materials and labor hereby agrees to provide everything necessary to complete the work for which this proposal is submitted in accordance with the proposal documents for the amounts quoted herein and further agrees that if this proposal is accepted, within five (5) days after the contract is presented for acceptance, will execute, and mail a signed contract to the County of San Joaquin Purchasing Agent.

In addition, by submission of a proposal, Proposer attest to having possession of a duly issued valid contractor’s (Buyers, this may not always be applicable) license issued by the State of California. Such license authorizes a Proposer to contract to perform type of work required by the specifications. Should the Proposer fail to provide the number and classification of Proposer’s State of California Contractor’s License, the County may reject your Proposal.

This Signature/Authorization page must be in Section 1 of your Proposal. ___________________________________ __________________ Signature of Authorized Agent Date _________________________________ Printed Name of Authorized Agent


ATTACHMENT F - VENDOR IN-COUNTY FACILITY TEST EQUIPMENT “Test Equipment Assets”

TIMS Model Quantity

RF Service Monitor Model _ Quantity

T1 Test Set Model Quantity

Microwave PWR Meter Model Quantity

Microwave Freq. Counter Model Quantity

Variable RF attenuator Model Quantity

SONET Test set Model Quantity

Laptops w/128 1 GHz Meg RAM Model Quantity (Windows , & Farscan & Provision)

Motorola Astro Monitor Model Quantity

Cat 5e/6 Cable Analyzer Model Quantity

Fiber Optic Source Model Quantity

Laser Source Model Quantity

Cable Pair Tester Model Quantity


ATTACHMENTS “G”, “H” AND “I” MUST BE SUMBITTED IN A SEPARATE

SEALED ENVELOPE


ATTACHMENT G - PORTABLES & PAGERS “Installation, Removal, and Programming”

Equipment Install cost Removal cost Programming cost

Repeaters __________

Base Stations

Mobile radios

Voting receivers

Comparators

Remote consoles

Time/Labor cost per hour Pagers __

Portable radio batteries _

Portable radio antennas

Portable radio

Materials to be charged per preferred SJC Pricing. (For example: List price – 10%, etc) ____________ Time & Material Equipment List

(Portables/Pagers) Type Qty

ADVISOR II PAGER 50 ASTRO 60 CP200 3 HT750 25 LS355 15 MINITOR IV 2 MT2000 2 MTS2000 59 XTS1500 88 XTS2500 199 XTS5000 381 Total 884


ATTACHMENT H - “24/7 Response Microwave & Backbone Equipment”

Type Model# Serial# Cost per Month 3810 Modem L3174 9799075

3810 Modem L3174 9799071

3810 Modem L3174 9799082

3810 Modem L3174 9799086

3810 Modem L3174A 9799089

3810 Modem L3174A 9799084

3810 Modem SO-1 L3174 9799073

3810 Modem SO-2 L3174 9799077

3810 Modem SO-4 L3174 9799091

3811-Plus Modem 8016341 9804294

3811-Plus Modem 8016341 9770559

3811-Plus Modem 8016341 9819890

3811-Plus Modem 8016341 9770556

3811-Plus Modem 8016341 9819889

3811-Plus Modem 8016341 9770558

3811-Plus Modem 8016341 9819892

3811-Plus Modem 8016341 9819891

3811-Plus Modem 8016341 9770555

3811-Plus Modem 8016341 9770562

3980-A1-001 SO-3 3980-A1-001 5707868

800 Base T5365A 680CBM0027

Adtran TSU600 D47F6124

Adtran TSU600e D47F6141

Adtran TSU600 B46B9822

Astrotac Comparator T5770A 525CHT0496

Astrotac Comparator T5770A 525CHM0157

Astrotac Comparator T5770A 525CHM0158

Astrotac Comparator T5770A 515CBZ0000

Astrotac Comparator T5770A 525CDD0065

Astrotac Comparator T5770A 525CLM0000

Astrotac Rx T5589A 743CLM0013


Astrotac Rx T5589A 743CHT0077


Astrotac Rx T5589A 743CBZ0000

Astrotac Rx T5589A 743CHM0057


















Astrotac Rx T5589A 743CDD0005
























Base C74CSB3196B 428CQN0213

BASE T5365A 680CBM0030

Contellation

CDM 1550 LS AAM25DKF9AA5AN 103TJG9165

CDM1250 CHP AAM25DKD9AA2AN 103TLUA476

Constallation A54757J1

Comparitor Q2982A 424CSA0077


Comparitor Q2982A 424CSA0082

Comparitor T1786B 273CSA0008A

Comparitor T1787B 273CWU0037

Console B1679A 3104013402171A

Console B1679A 3104013402171

Consolette L20KSS9PW1N 276CJM383

consolette L20QSS9PW1N 276CJM384

consolette L20QSS9PW1N 276CJM385

Control Station Inter-op L20QSS9PW1AN 276CJX0051

Control Station Inter-op L20QSS9PW1AN 276CJX0052

Data Base (855.2375) T5365A 680CBM0024

Decoder 341AX 99157

Decoder EAS943 EMAS1

DIU F2048A 524SHS0091

DIU F2048A 524SHN0016

DIU F2048A 524SHN0017

DIU F2048A 524SBY0055

DIU F2048A 524SLL006Z

DIU F2048A 524SDC0204

DIU F2048A 524SLL006X

Constallation No serial

Gold Elite EOC Compact 228CRY0080

Gold Elite Operator 1 228CRY0073






Gold Elite Patrol Compact 228CRY0079

Gold Elite Records Compact 228CRY0078

Gold Elite Computer HP Proliant ML110 MX281301W0

Gold Elite Computer HP XW4600 2UA8130ZRV

Gold Elite Computer HP XW4601 2UA8130ZSY

Gold Elite Computer HP XW4602 2UZ8130ZT8

Gold Elite Computer HP XW4603 2UZ8130ZTH

Gold Elite Computer HP XW4604 2UZ8130ZTQ

Gold Elite Computer HP XW4605 2UA8130ZTW

Gold Elite Computer HP XW4606 2UA8130ZP7

Gold Elite Computer HP XW4607 S2UA9070D3W

Gold Elite Computer HP XW4608 S2UA9070D4M

Gold Elite Computer HP XW4609 S2UA9070D41

Constallation No serial

IMCS 800 Channel Banks #361-IMCS-800 16857















Interface CIE Box Op 1





Interop - CDM750 AAM25SKC9AA1AN 103TGJ7016

Interop Control AAM25SKC9AA1 103TGJ7026




Interop Control AAM25BKC9AA1AN 103TGN2379

Interop Control AAM25SKC9AA1 103TGJL254



LG Astrotac Rx T5589A 743CHT0061

LG Quantar T5365A 509CHT2210

MC2000 Remote L3216A 124CDJ0849

Microwave Constellation

Microwave MEGASTAR 155 B18-Cths

Microwave MEGASTAR 155 B18-Oso

Microwave MEGASTAR 155 Bldg 18

Microwave MEGASTAR 155 CH-OG

Microwave MEGASTAR 155 OG-Courthouse

Microwave MEGASTAR 155 OG-Bear

Microwave MEGASTAR 155 Oso-Manteca

Microwave MEGASTAR 155 Oso-FrenchCp

Microwave MEGASTAR 155 Oso-Tracy

Microwave MEGASTAR 155 BR-OG

Microwave MEGASTAR 155 BR-Manteca

Microwave MEGASTAR 155 Lodi - OG


Microwave MEGASTAR 155 Manteca - OSO

Microwave MEGASTAR 155 Manteca - Bear

Microwave MEGASTAR 155 Tracy - Oso

MSF5000 C74CXB7106BT 388CSA0176

MSF5000 C74CXB7106BT 388CSA0178

MSF5000 C74CXB7106BT 388CSA0181

MSR2000 Repeater ACC44KSB3100AT 836PTC4025

MTR2000 T5731A 512CED0142

MTR2000 T5731A 512CED0143

MTR2000 T5766A 474CWZ0082

OC3 Sonet Mux SA-NEBS3E CISCO 15454 SEA05280129







Constallation A54757F2

QUANTAR T5365A 680CED0000

Quantar T5365A 509CGZ1743


Quantar T5365A 509CHT2205

Quantar T5365A 509CHM1823


Quantar T5365A 509ChM1819





Quantar T5365A 509CBZ0001




Quantar T5365A 509CHT2206



Quantar T5365A 509CDF0153

Quantar T5365A 509CDF0151

Quantar T5365A 509CEH0719


Quantar Base T5365A 509CGZ1738

Quantar Base T5365A 509CDF0152

Quantar Base T5365A 509CGZ1740


Quantar Base T5365A 509CHT2209

Quantar Base T5365A 680CBM0021

Quantar Base T5365A 509CHM1822

Quantar Base T5365A 509CKR1370

Quantar Repeater T5365A 509CHT2207

Quantar Repeater T5365A 509CLM1185

Quantar Repeater T5365A 509CLM1186

Quantar Base T5365A 509CDF0150


Quantar Base T5365A 448CWK0012

RCA L3276A 124CGD0844

RCA L3276A 124CGB0343

RCA L3276a 124CGD1193

RCA L3276a 124CGD1211

RCA L3276A 124CGB0172

RCA L3276A 124CGB0272

RCA L3276A 124CGD1103

RCA L3276A 124CGB0375

RCA L3276A 124CGB0344

Receiver C04RTB3108A 273CQN0184

Receiver C04RTB-3108C 273CGN0220A

Receiver C117AM 273CGN0218

Receiver C117AM 273CGN0223

Receiver N04RTB3100C 273CTC0131

REMOTE L1475A 740CQC0130

REMOTE T1605CM 222CGL0133




REMOTE T1881B 448CGL0170

REMOTE T1881B 448CGL0172

REMOTE T1926B 448CGN0292

REMOTE T1926B 448CGN0293

REMOTE T1926C 448CQA0253

REMOTE L1475A 740CQC0131

RNC L1960B HP824

Security T1925M 448CNU0419

Security ITR 1000A 940CZS0068

Security T5766A 474CDF0039






Spectratac Comp T1786B RA07-03596

SprectraTac Rx C117AM 273CGN0222A

T99DX ASTRO T04KLF9W5AN 412AYC0220

T99DX ASTRO T04RLF9W5AN 412AYC0219

Tac RX Q2207D 425CSE0024

Channel Bk - Adtran TSU600 809A8459

Voting Rx T5589A 743CBZ0012

Voting Rx T5589A 743CZZ0001

Voting Rx T5589A 743CZZ0000



Voting Rx T5589A 743CDD0003

TOTAL PER MONTH:


ATTACHMENT I - “Next Business Day Response Core/Mobile Equipment” Type Model# Serial# Cost per Month

ASTRO CONSOLE L04RKH9PW9AN 374AZG0062 ASTRO MOBILE T04RLF9PW5AN 412CFR0617 BASE L04KKH9PW7AN 374AZJ0284 BASE L54JJB3100BM 547CGN0006 BASE L54JJB3100BM 547CGN0001 BASE L54JJB3100BM 547CGN0002 BASE CONSOLETTE L54JJB3100BM 547CGN0008 CDM750 Mobile AAM25RKC9AA1N 103IAA1943 CONSOLETTE L04RKH9PW7AN 374AZG0125 CONSOLETTE L54JJB3100BM 547CGN0007 CONSOLETTE L54JJB3100BM 547CGN0009 CONSOLETTE L54JJB3100BM 547CGN0004 Consolette UHF L20QSS9PW1AN 276CJH0401 Consolette UHF L20QSS9PW1AN 276CJH0402 Consolette UHF L20QSS9PW1AN 276CJH0403 Consolette UHF L20QSS9PW1AN 276CJM0614 Consolette VHF L20KSS9PW1AN 276CJH0404 Consolette VHF L20KSS9PW1AN 276CJH0405 L3213A 124CHJ0226 L3213A 124CHJ0041 MINITOR IV A03KUS7238BC 136WHS3021 MINITOR IV A03KUS7239BC 136WHS3016 REMOTE L1473A 740CWL0849 REMOTE L1473A 740CWL0848 REMOTE L3216A 124CEV0199 REMOTE RLN1011A 417CVD5778 REMOTE T1600CM 222CEL0244 REMOTE T1607CN 222CGS0392 REMOTE T1881A 448CGL0103 REMOTE T1881B 448CGL0088 REMOTE T1881B 448CGL0076 REMOTE T1881B 448CGL0095 REMOTE T1881B 448CGL0080 REMOTE T1881B 448CGL0096 REMOTE T1881B 448CGL0079 REMOTE T1881B 448CGL0081 REMOTE T1881B 448CGL0075 REMOTE T1881B 448CGL0082 REMOTE T1881B 448CGL0083


REMOTE T1881B 448CGL0087 REMOTE T1881B 448CGL0098 REMOTE T1881B 448CGL0100 REMOTE T1881B 448CGL0105 REMOTE T1881B 448CGL0106 REMOTE T1901BA 448CKJ0245 REMOTE T1925BT 448CGQ0753 RHC3000 L3030A 740CZF0705 RHC3000 L3030A 740CZF0706 RHC3000 L3030A 740CZM0283 XTL1500 M28QSS9PW1N 726CJM0245 XTL2500 M21QSM9PW1AN 518CKK0349 XTL2500 M21QSM9PW1AN 518CKK0350 XTL2500 M21QSM9PW1AN 518CKK0351 XTL2500 M21QSM9PW1AN 518CKK0352 XTL2500 M21QSM9PW1AN 518CKK0353 XTL2500 M21QSM9PW1AN 518CKK0354 XTL2500 M21QSM9PW1AN 518CKK0355 XTL2500 M21QSM9PW1AN 518CKK0303 XTL2500 M21QSM9PW1AN 518CKK0304 XTL2500 M21QSM9PW1AN 518CGX0027 XTL2500 M21QSM9PW1AN 518CGX0028 XTL2500 M21QSM9PW1AN 518CGX0029 XTL2500 M21QSM9PW1AN 518CGX0031 XTL2500 M21QSM9PW1AN 518CGX0032 XTL2500 M21QSM9PW1AN 518CGX0033 XTL2500 M21QSM9PW1AN 518CGX0034 XTL2500 M21QSM9PW1AN 518CGX0035 XTL2500 M21QSM9PW1AN 518CGX0036 XTL2500 M21QSM9PW1AN 518CGX0037 XTL2500 M21QSM9PW1AN 518CGX0039 XTL2500 M21QSM9PW1AN 518CGX0040 XTL2500 M21QSM9PW1AN 518CGX0041 XTL2500 M21QSM9PW1AN 518CGX0042 XTL2500 M21QSM9PW1AN 518CGX0043 XTL2500 M21QSM9PW1AN 518CGX0044 XTL2500 M21QSM9PW1AN 518CKK0330 XTL2500 M21QSM9PW1AN 518CKK0331 XTL2500 M21QSM9PW1AN 518CKK0332 XTL2500 M21QSM9PW1AN 518CKK0333 XTL2500 M21QSM9PW1AN 518CKK0334 XTL2500 M21QSM9PW1AN 518CKK0335


XTL2500 M21QSM9PW1AN 518CKK0336 XTL2500 M21QSM9PW1AN 518CKK0337 XTL2500 M21QSM9PW1AN 518CKK0338 XTL2500 M21QSM9PW1AN 518CKK0339 XTL2500 M21QSM9PW1AN 518CKK0340 XTL2500 M21QSM9PW1AN 518CKK0341 XTL2500 M21QSM9PW1AN 518CKK0342 XTL2500 M21QSM9PW1AN 518CKK0305 XTL2500 M21QSM9PW1AN 518CKK0306 XTL2500 M21QSM9PW1AN 518CKK0307 XTL2500 M21QSM9PW1AN 518CKK0308 XTL2500 M21QSM9PW1AN 518CKK0309 XTL2500 M21QSM9PW1AN 518CKK0310 XTL2500 M21QSM9PW1AN 518CKK0311 XTL2500 M21QSM9PW1AN 518CKK0312 XTL2500 M21QSM9PW1AN 518CKK0313 XTL2500 M21QTM9PW1AN 518CLB0764 XTL2500 M21QTM9PW1AN 518CLB0765 XTL2500 M21QTM9PW1AN 518CLB0766 XTL2500 M21QTM9PW1AN 518CLB0767 XTL2500 M21QTM9PW1AN 518CLB0768 XTL2500 M21QTM9PW1AN 518CLB0769 XTL2500 M21QTM9PW1AN 518CLB0770 XTL2500 M21QTM9PW1AN 518CLB0771 XTL2500 M21QTM9PW1AN 518CLB0772 XTL2500 M21QTM9PW1AN 518CLB0773 XTL2500 M21QTM9PW1AN 518CLB0774 XTL2500 M21QTM9PW1AN 518CLB0775 XTL2500 M21QTM9PW1AN 518CLB0776 XTL2500 M21QTM9PW1AN 518CLB0777 XTL2500 M21QTM9PW1AN 518CLB0778 XTL2500 M21QTM9PW1AN 518CLB0779 XTL2500 M21QTM9PW1AN 518CLB0780 XTL2500 M21QTM9PW1AN 518CLB0781 XTL2500 M21QTM9PW1AN 518CLB0782 XTL2500 M21QTM9PW1AN 518CLB0783 XTL2500 M21QTM9PW1AN 518CLB0784 XTL2500 M21QTM9PW1AN 518CLB0785 XTL2500 M21QTM9PW1AN 518CLB0786 XTL2500 M21QTM9PW1AN 518CLB0787 XTL2500 M21QTM9PW1AN 518CLB0788 XTL2500 M21QTM9PW1AN 518CLB0789


XTL2500 M21QTM9PW1AN 518CLB0790 XTL2500 M21QTM9PW1AN 518CLB0791 XTL2500 M21QTM9PW1AN 518CLB0792 XTL2500 M21QTM9PW1AN 518CLB0793 XTL2500 M21QTM9PW1AN 518CLB0794 XTL2500 M21QTM9PW1AN 518CLB0795 XTL2500 M21SSM9PW1AN 518CJX0682 XTL2500 M21SSM9PW1AN 518CJX0683 XTL2500 M21SSM9PW1AN 518CJX0684 XTL5000 L20URS9PW1AN 276CJH0406 XTL5000 M20QTS9PW1 585CFZ4748 XTL5000 M20QTS9PW1 585CFZ4749 XTL5000 M20QTS9PW1 585CFZ4750 XTL5000 M20QTS9PW1 585CFZ4751 XTL5000 M20QTS9PW1 585CFZ4752 XTL5000 M20QTS9PW1 585CFZ4753 XTL5000 M20QTS9PW1 585CFZ4754 XTL5000 M20QTS9PW1 585CFZ4755 XTL5000 M20QTS9PW1AN 585CJP0888 XTL5000 M20QTS9PW1AN 585CJP0917 XTL5000 M20QTS9PW1AN 585CJP0918 XTL5000 M20QTS9PW1AN 585CJP0915 XTL5000 M20QTS9PW1AN 585CFV2841 XTL5000 M20QTS9PW1AN 585CFV2842 XTL5000 M20QTS9PW1AN 585CFV2843 XTL5000 M20QTS9PW1AN 585CFV2844 XTL5000 M20QTS9PW1AN 585CFV2850 XTL5000 M20QTS9PW1AN 585CFV2851 XTL5000 M20QTS9PW1AN 585CFV2852 XTL5000 M20QTS9PW1AN 585CFV2853 XTL5000 M20QTS9PW1AN 585CFV2854 XTL5000 M20QTS9PW1AN 585CFV2855 XTL5000 M20QTS9PW1AN 585CFV2856 XTL5000 M20QTS9PW1AN 585CFV2857 XTL5000 M20QTS9PW1AN 585CFV2858 XTL5000 M20QTS9PW1AN 585CFV2859 XTL5000 M20QTS9PW1AN 585CFV2860 XTL5000 M20QTS9PW1AN 585CFV2861 XTL5000 M20QTS9PW1AN 585CFV2862 XTL5000 M20QTS9PW1AN 585CFV2863 XTL5000 M20QTS9PW1AN 585CFV2864 XTL5000 M20QTS9PW1AN 585CFV2865


XTL5000 M20QTS9PW1AN 585CFV2866 XTL5000 M20QTS9PW1AN 585CFV2867 XTL5000 M20QTS9PW1AN 585CFV2868 XTL5000 M20QTS9PW1AN 585CFV2869 XTL5000 M20QTS9PW1AN 585CFV2870 XTL5000 M20QTS9PW1AN 585CFV2871 XTL5000 M20QTS9PW1AN 585CFV2872 XTL5000 M20QTS9PW1AN 585CFV2873 XTL5000 M20QTS9PW1AN 585CFV2874 XTL5000 M20QTS9PW1AN 585CFV2875 XTL5000 M20QTS9PW1AN 585CFV2876 XTL5000 M20QTS9PW1AN 585CFV2877 XTL5000 M20QTS9PW1AN 585CFV2878 XTL5000 M20QTS9PW1AN 585CFV2879 XTL5000 M20QTS9PW1AN 585CFV2880 XTL5000 M20QTS9PW1AN 585CFV2881 XTL5000 M20QTS9PW1AN 585CFV2882 XTL5000 M20QTS9PW1AN 585CFV2840 XTL5000 M20QTS9PW1AN 585CFV2821 XTL5000 M20QTS9PW1AN 585CFV2822 XTL5000 M20QTS9PW1AN 585CFV2823 XTL5000 M20QTS9PW1AN 585CFV2824 XTL5000 M20QTS9PW1AN 585CFV2826 XTL5000 M20QTS9PW1AN 585CFV2827 XTL5000 M20QTS9PW1AN 585CFV2828 XTL5000 M20QTS9PW1AN 585CFV2829 XTL5000 M20QTS9PW1AN 585CFV2830 XTL5000 M20QTS9PW1AN 585CFV2831 XTL5000 M20QTS9PW1AN 585CFV2832 XTL5000 M20QTS9PW1AN 585CFV2834 XTL5000 M20QTS9PW1AN 585CFV2835 XTL5000 M20QTS9PW1AN 585CFV2836 XTL5000 M20QTS9PW1AN 585CFV2837 XTL5000 M20QTS9PW1AN 585CFV2838 XTL5000 M20QTS9PW1AN 585CFV2839 XTL5000 M20QTS9PW1AN 585CGX0089 XTL5000 M20QTS9PW1AN 585CHF1221 XTL5000 M20QTS9PW1AN 585CHF1222 XTL5000 M20QTS9PW1AN 585CJB1242 XTL5000 M20QTS9PW1AN 585CJB1243 XTL5000 M20QTS9PW1AN 585CJB1244 XTL5000 M20QTS9PW1AN 585CJB1245


XTL5000 M20QTS9PW1AN 585CJB1246 XTL5000 M20QTS9PW1AN 585CJB1247 XTL5000 M20QTS9PW1AN 585CJB1248 XTL5000 M20QTS9PW1AN 585CJB1249 XTL5000 M20QTS9PW1AN 585CJB1250 XTL5000 M20QTS9PW1AN 585CJB1251 XTL5000 M20QTS9PW1AN 585CJB1252 XTL5000 M20QTS9PW1AN 585CJB1253 XTL5000 M20QTS9PW1AN 585CJB1254 XTL5000 M20QTS9PW1AN 585CJB1255 XTL5000 M20QTS9PW1AN 585CJB1256 XTL5000 M20QTS9PW1AN 585CJB1257 XTL5000 M20QTS9PW1AN 585CJB1258 XTL5000 M20QTS9PW1AN 585CJB1259 XTL5000 M20QTS9PW1AN 585CJB1269 XTL5000 M20QTS9PW1AN 585CJB1270 XTL5000 M20QTS9PW1AN 585CJB1271 XTL5000 M20QTS9PW1AN 585CJB1272 XTL5000 M20QTS9PW1AN 585CJB1273 XTL5000 M20QTS9PW1AN 585CJB1274 XTL5000 M20QTS9PW1AN 585CJB1275 XTL5000 M20QTS9PW1AN 585CJB1276 XTL5000 M20QTS9PW1AN 585CKT4418 XTL5000 M20QTS9PW1AN 585CKT4419 XTL5000 M20QTS9PW1AN 585CKT4420 XTL5000 M20QTS9PW1AN 585CKT4421 XTL5000 M20QTS9PW1AN 585CKT4422 XTL5000 M20QTS9PW1AN 585CKT4423 XTL5000 M20QTS9PW1AN 585CKT4424 XTL5000 M20QTS9PW1AN 585CKT4425 XTL5000 M20QTS9PW1AN 585CKT4426 XTL5000 M20QTS9PW1AN 585CKT4427 XTL5000 M20QTS9PW1AN 585CKZ0975 XTL5000 M20QTS9PW1AN 585CKZ0976 XTL5000 M20QTS9PW1AN 585CKZ0977 XTL5000 M20QTS9PW1AN 585CKZ0978 XTL5000 M20QTS9PW1AN 585CKZ0979 XTL5000 M20QTS9PW1AN 585CKZ0980 XTL5000 M20QTS9PW1AN 585CKZ0981 XTL5000 M20QTS9PW1AN 585CJB1260 XTL5000 M20QTS9PW1AN 585CJB1261 XTL5000 M20QTS9PW1AN 585CJB1262


XTL5000 M20QTS9PW1AN 585CJB1263 XTL5000 M20QTS9PW1AN 585CJB1264 XTL5000 M20QTS9PW1AN 585CJB1265 XTL5000 M20QTS9PW1AN 585CJB1266 XTL5000 M20QTS9PW1AN 585CJB1267 XTL5000 M20QTS9PW1AN 585CJB1268 XTL5000 M20QTS9PW1AN 585CFV2825 XTL5000 M20QTS9PW1AN 585CFV2833 XTL5000 M20QTS9PW1AN 585CFV2845 XTL5000 M20QTS9PW1AN 585CFV2846 XTL5000 M20QTS9PW1AN 585CFV2847 XTL5000 M20QTS9PW1AN 585CFV2848 XTL5000 M20QTS9PW1AN 585CFV2849 XTL5000 M20QTS9PW1AN 585CGX0091 XTL5000 M20QTS9PW1AN 585CJB1240 XTL5000 M20QTS9PW1AN 585CJB1241 XTL5000 M20QTS9PW1AN 585CJB1277 XTL5000 M20QTS9PW1AN 585CJB1278 XTL5000 M20QTS9PW1AN 585CJB1279 XTL5000 M20QTS9PW1AN 585CJB1280 XTL5000 M20QTS9PW1AN 585CJB1281 XTL5000 M20QTS9PW1AN 585CJB1282 XTL5000 M20QTS9PW1AN 585CJB1283 XTL5000 M20QTS9PW1AN 585CJB1284 XTL5000 M20QTS9PW1AN 585CJB1285 XTL5000 M20QTS9PW1AN 585CJB1286 XTL5000 M20QTS9PW1AN 585CJB1287 XTL5000 M20QTS9PW1AN 585CJB1288 XTL5000 M20QTS9PW1AN 585CJB1289 XTL5000 M20QTS9PW1AN 585CJB1290 XTL5000 M20QTS9PW1AN 585CJB1291 XTL5000 M20SSS9PW1AN 585CJH1206 XTL5000 M20SSS9PW1AN 585CJH1207

TOTAL PER MONTH:


EXHIBIT A – EQUIPMENT SITE LOCATIONS

San Joaquin County Radio Locations District Attorney, Stockton Emergency Services, Stockton Environmental Health, Stockton Government Buildings, Stockton Lathrop Police Probation, Public Works- Sheriff Admin, SJC Animal Control, Stockton SJC Parks & Rec, Stockton SJGH-Communications, French Camp SO Unif Court, Stockton SO/Backbone Bldg 18, French Camp SO/Backbone-911, French Camp SO/Backbone-CH, Stockton SO/Bk Bear Mt, San Andreas SO/Bk Escalon SO/BK Farmington SO/Bk Honor Fm, French Camp SO/Bk Hospital, French Camp SO/Bk Juv Hall, French Camp SO/Bk Linden-Peters Firehouse SO/Bk Lockeford Firehouse SO/Bk Lodi SO/Bk Manteca Police Department SO/Bk Mt Oso, Westley/Patterson SO/Bk Ripon SO/Bk Thornton SO/Bk Tracy SO/Clements SO/Custody-French Camp SO/Oakgrove-CH, Stockton


EXHIBIT B

“SAMPLE CONTRACT”

- 44 -

INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY

CONTRACT ID#

Contract Amount $ PARTIES: COUNTY: County of San Joaquin Purchasing & Support Services 44 N. San Joaquin Street Suite 540 Stockton, CA 95202-2931 With copies to: County of San Joaquin CONTRACTOR: Name Address City Contact Name Contact Phone # Contact Email: This Agreement is made and entered into this _____________day of _____________, 201____, by and between ___________________, an Independent CONTRACTOR (hereinafter “CONTRACTOR”), and San Joaquin County, a political subdivision of the State of California for ________________(hereinafter “COUNTY”).

ORDER OF PRECEDENCE

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:


1. Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.

2. COUNTY Request for Proposal Number ____________. 3. CONTRACTOR’S Proposal dated ___________________.

1. Scope of Professional Services:

CONTRACTOR agrees to provide services

CONTRACTOR shall perform the CONTRACTOR’S work in accordance with currently approved methods and standards of practice in the CONTRACTOR’S professional specialty.

2. Term of Agreement:

This Agreement shall commence , 201__ through________, 201__, unless said work is completed on a date prior thereto or unless terminated earlier as provided herein or extended upon mutual agreement.

3. Interpretation This Agreement shall not be interpreted in favor of any Party by virtue of said

Party not having prepared this Agreement. If any time period provided for in this Agreement ends on the day other than a

Business Day, the time period shall be extended to the next Business Day.

4. Compensation:

COUNTY agrees to pay CONTRACTOR an hourly amount of ($). The total payments made for services performed pursuant to this Agreement shall not exceed ________________ DOLLARS ($00,000.00).

5. Invoicing:

CONTRACTOR shall submit one original and one copy of each invoice to County of San Joaquin, __________________________________________________. All invoices must reference this Agreement Number/Contract ID # and the service performed. Payments shall be made within 30 days of receipt of invoice from CONTRACTOR.


6. CONTRACTOR’S Status:

In the performance of work, duties and obligations imposed by this Agreement, the CONTRACTOR is at all times acting as an Independent CONTRACTOR practicing his or her profession and not as an employee of the COUNTY. A copy of CONTRACTOR’S current professional, local, state or other business licenses required to conduct the services stated herein, will be provided to COUNTY. The CONTRACTOR shall not have any claim under this Agreement or otherwise against the COUNTY for vacation, sick leave, retirement benefits, social security or workers’ compensation benefits. The CONTRACTOR shall be responsible for federal and state payroll taxes such as social security and unemployment. COUNTY will issue a Form 1099 at year-end for fees earned.

7. Assignments:

Inasmuch as this Agreement is intended to secure the specialized services of the CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of San Joaquin County. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

8. Non Exclusive Rights:

This Agreement does not grant to CONTRACTOR any exclusive privileges or rights to provide services to COUNTY. CONTRACTOR may contract with other counties, private companies or individuals for similar services.

9. Indemnification:

CONTRACTOR shall, at its expense, defend, indemnify and hold harmless the County of San Joaquin and its employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of CONTRACTOR, its employees, officers, agents or Subcontractors.

CONTRACTOR shall hold the COUNTY, its officers and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un-copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this order.

10. Insurance

CONTRACTOR, shall submit proof of insurance with liability limits as set forth below to the Purchasing Department showing COUNTY, its officers, employees,


agents and volunteers named as Additional Insured to include ongoing operations and products completed operations (On Additional Insured Endorsement CG 20 10 10 93), except for Workers’ Compensation and professional Liabilities, and insurance policy shall contain provisions that such policy may not be canceled or reduced except after thirty (30) days written notice to the COUNTY. The COUNTY at its discretion, may waive in part or in full insurance requirements. CONTRACTOR is required to provide insurance unless notified by the COUNTY’S Purchasing Agent of any waivers.

CONTRACTOR agrees that CONTRACTOR is responsible to ensure that the requirements set forth in this article/paragraph are also to be met by CONTRACTOR’S subcontractors/CONTRACTOR’S who provide services pursuant to this Agreement. Copies of insurance certificates shall be filed with the COUNTY’S Purchasing Agent.

General Liability Limits

1. BI & PD combined/per occurrence $1,000,000

/Aggregate $1,000,000

2. Personal Injury/Aggregate $1,000,000

3. Automobile Liability/per occurrence CONTRACTOR agrees to defend, hold harmless and indemnify the COUNTY for any and all liabilities associated with the use of any automobiles in relation to tasks associated with this Agreement.

Professional Liability

1. Professional Liability/as appropriately relates to $1,000,000

services rendered. Coverage may include medical

malpractice and/or errors and omissions.

Workers’ Compensation and Employer’s Liability Statutory requirement

11. Discrimination:

CONTRACTOR shall not discriminate because of age, ancestry, color, creed, marital status, medical condition (cancer or genetic characteristics), national origin, physical or mental disability, political affiliation or belief, pregnancy, race, religion, sex (includes sexual harassment) and sexual orientation.


12. ADA Compliance:

CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.)

13. Notices:

Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this Agreement.

14. Termination:

If the CONTRACTOR breaches or habitually neglects the CONTRACTOR’S duties under this Agreement without curing such breach or neglect upon fifteen (15) working days written notice, the COUNTY may, by written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement. In addition, either party may terminate this Agreement upon thirty (30) days written notice to other party.

If the County Board of Supervisors fails to appropriate funds to enable County Departments to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and CONTRACTOR will be given written notice of such termination.

15. Conflict of Interest Statement:

CONTRACTOR covenants that CONTRACTOR, its officers, employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by CONTRACTOR under this Agreement. CONTRACTOR shall not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of COUNTY. Performance of services under this Agreement by associates or employees of CONTRACTOR shall not relieve CONTRACTOR from any responsibility under this Agreement.


16. Drug Free Workplace:

CONTRACTOR shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

17. Force Majeure:

It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the CONTRACTOR or the COUNTY.

18. Compliance:

CONTRACTOR shall comply with all federal, state and local laws, regulations and requirements necessary for the provision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances that are necessary for the provision of contracted services.

19. Governing Law and Venue:

The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

20. Documents:

All drawings, specifications, documents and other memoranda or writings relating to the work and services hereunder, shall remain or become the property of the COUNTY whether executed by or for the CONTRACTOR for COUNTY, or otherwise by or for the CONTRACTOR, or by or for a subcontractor operating under the CONTRACTOR’S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.

21. Work Product:

COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and all components of it, provided or developed by CONTRACTOR hereunder or in connection herewith shall constitute “works made for hire” within the meaning of Title 17 United States Code Section 101 et seq. (the “Copyright Act”), and all


right, title, and interest in and to the Custom Products shall vest in the COUNTY immediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of the COUNTY and/or may not be a “work made for hire” as defined in the Copyright Act upon development, then CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to the COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Custom Products upon development. On all written material, whether in print, electronic, or any media form, constituting “Work Product”, CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner: © 201_ County of San Joaquin. All rights reserved.

22. Data Security – Confidentiality

a. Acknowledgment of access to information characterized as covered data

Contractor acknowledges that its contract/purchase order (“Agreement”) with the County of San Joaquin, California( “County”) may allow the Contractor access to confidential County information or County provided information including, but not limited to, personal information, records, data, or financial information notwithstanding the manner in which or from whom it is received by Contractor (“Covered Data”) which is subject to state laws that restrict the use and disclosure of County information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. Contractor shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, County policies, and the provisions of this Agreement. Contractor agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.

b. Prohibition on unauthorized use or disclosure of covered data and

information Contractor agrees to hold Covered Data received from or created on

behalf of County in strictest confidence. Contractor shall not use or disclose Covered Data except as permitted or required by the Agreement or as otherwise authorized in writing by County. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, Contractor will notify County in writing prior to any disclosure in order to give County an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by the County.


c. Safeguard standard Contractor agrees that it will protect the Covered Data according to

commercially acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.

d. Return or destruction of covered data and information Upon termination, cancellation, expiration or other conclusion of the

Agreement, Contractor shall return the Covered Data to County unless County requests that such data be destroyed. This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of Contractor. Contractor shall complete such return or destruction not less than thirty (30) calendar days after the conclusion of this Agreement. Within this thirty (30) day period, Contractor shall certify in writing to County that the return or destruction has been completed.

e. Reporting of unauthorized disclosures or misuse of covered data and

information Contractor shall report, either orally or in writing, to County any use or

disclosure of Covered Data not authorized by this Agreement or in writing by County, including any reasonable belief that an unauthorized individual has accessed Covered Data. Contractor shall make the report to County immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Contractor reasonably believes there has been unauthorized use or disclosure. Contractor’s report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the County Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. Contractor shall provide County other information, including a written report, as reasonably requested by County.

f. Examination of records County and, if the applicable contract or grant so provides, the other

contracting party or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to examine any pertinent books, documents, papers, and records of Contractor involving transactions and work related to this Agreement until the expiration of five years after final payment hereunder. Contractor shall retain project records for a period of five years from the date of final payment.


g. Assistance in litigation or administrative proceedings Contractor shall make itself and any employees, subcontractors, or

agents assisting Contractor in the performance of its obligations under the Agreement available to County at no cost to County to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against County, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement.

h. No third-party rights

Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

i. Attorney's fees

In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by in-house counsel shall be calculated by applying an hourly rate commensurate with prevailing market rates charged by attorneys in private practice for such services.

j. Survival

The terms and conditions set forth shall survive termination of the Agreement between the parties.

23. Entire Agreement and Modification:

This Agreement and all documents incorporated by reference supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.


IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement on the day and year first written above. CONTRACTOR Name COUNTY OF SAN JOAQUIN, a Address political subdivision of City, State and Zip the State of California By: _________________Date:______ By: ________________Date:_____ Signature, Authorized Agent David M. Louis, C.P.M., CPPO, CPPB Director Purchasing & Support Services By: ____________________________ Printed Name of Authorized Agent

APPROVED AS TO FORM Office of County Counsel

By_____________________Date:______ Gilberto Gutierrez Deputy County Counsel Buyer of Record: JD