Lane County Request for Proposals # H&HS 20277
for a
Health and Human Services
Management Information System
Issue Date: January 23, 2007
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Lane County, Oregon
Health and Human Services Department
125 East Eighth Avenue
Eugene, OR 97401-2926
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Proposals Due: Friday, April 6, 2007
10:00 am PST
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
Table of Contents
1.0
INTRODUCTION ............................................................................... 1
1.1
1.2
1.3
1.4
PURPOSE OF THIS REQUEST FOR PROPOSALS ............................................... 1
SCOPE OF THIS PROCUREMENT .................................................................... 1
BACKGROUND ............................................................................................. 2
PROCUREMENT LIBRARY .............................................................................. 3
2.0
LEGAL NOTICE ................................................................................ 4
3.0
CONDITIONS GOVERNING THIS PROCUREMENT ........................ 6
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
4.0
MODIFICATION OR WITHDRAWAL OF PROPOSAL ............................................. 6
INTERPRETATION OF RFP DOCUMENTS ......................................................... 6
PROTEST OF REQUIREMENTS ........................................................................ 7
SELECTION OF FINALISTS ............................................................................. 8
VENDOR ORAL PRESENTATION AND PRODUCT DEMONSTRATION ..................... 8
PROPOSAL PREPARATION AND SUBMISSION .................................................. 8
ALTERNATE RESPONSES .............................................................................. 9
PROPOSAL OFFER FIRM ............................................................................... 9
EVALUATION OF PROPOSALS ...................................................................... 10
RIGHT OF APPEAL ..................................................................................... 10
COSTS INCURRED ...................................................................................... 12
ACCEPTANCE OF CONTRACTUAL REQUIREMENTS ......................................... 12
NEWS RELEASE ......................................................................................... 12
PUBLIC RECORDS ...................................................................................... 12
VENDOR DISQUALIFICATION ........................................................................ 13
INVESTIGATION OF REFERENCES ................................................................. 13
PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS ......................................... 14
PRIME CONTRACTOR RESPONSIBILITY ......................................................... 14
SUBCONTRACTORS .................................................................................... 14
OBLIGATION .............................................................................................. 14
SUFFICIENT FUNDING ................................................................................. 14
CHANGE IN VENDOR REPRESENTATIVES ...................................................... 15
ACCEPTANCE OF CONDITIONS GOVERNING THE PROCUREMENT .................... 15
PROCUREMENT SCHEDULE ........................................................ 16
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
4.1
4.2
SEQUENCE OF EVENTS ............................................................................... 16
EXPLANATION OF EVENTS........................................................................... 17
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
4.2.7
4.2.8
4.2.9
4.2.10
4.2.11
4.2.12
4.2.13
4.2.14
4.2.15
5.0
PROPOSAL FORMAT AND CONTENT.......................................... 21
5.1
PROPOSAL FORMAT ................................................................................... 21
5.1.1
5.1.2
5.1.3
5.1.4
6.0
Issue of RFP ..........................................................................................17
Procurement Distribution List Response Deadline ..................................17
Deadline to Submit Written Questions ....................................................17
COUNTY Publishes Responses to Questions ........................................17
Deadline to Receive Protest of Requirements ........................................17
Deadline to Submit Proposals ................................................................18
Evaluation of Proposals ..........................................................................18
Development of Vendor Presentation and Software Demonstration
Agenda ...................................................................................................18
Selection and Notification of Finalists .....................................................18
Vendor Presentations and Software Demonstrations by Finalists ...........19
Best and Final Offers of Finalist(s)..........................................................19
Selection of Winning Vendor ..................................................................20
Award of Contract by Board of County Commissioners ..........................20
Protest Deadline .....................................................................................20
Anticipated Start Date.............................................................................20
Letter of Transmittal ...............................................................................22
Detailed Response to Scope of Work (Binder 1).....................................22
Cost Proposal (Binder 2) ........................................................................26
Technical Literature and Other Services (Binder 3 - Optional) ................26
SCOPE OF WORK .......................................................................... 27
6.1
FUNCTIONAL REQUIREMENTS ...................................................................... 28
6.1.1
6.1.2
6.2
TECHNICAL SPECIFICATIONS ....................................................................... 37
6.2.1
6.2.2
6.2.3
6.3
Mandatory Functional Requirements ......................................................28
Desirable Functional Requirements ........................................................35
Mandatory Technical Specifications .......................................................37
Desirable Technical Specifications .........................................................45
Requested Technical Information ...........................................................51
BUSINESS SPECIFICATIONS ......................................................................... 54
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
Project Management Services ................................................................54
Customization Services ..........................................................................57
Data Conversion Services ......................................................................58
Interface Services...................................................................................58
Implementation Services ........................................................................59
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
6.4
VALUE-ADDED SERVICES ........................................................................... 62
6.4.1
6.4.2
7.0
LANE COUNTY CONTRACTS ........................................................................ 64
LANE COUNTY CONTRACT POLICIES............................................................ 65
MUTUAL NON-DISCLOSURE AGREEMENT ..................................................... 65
SOFTWARE LICENSE AGREEMENT ............................................................... 65
REQUIRED INSURANCE COVERAGE .............................................................. 65
HIPAA COMPLIANCE ................................................................................. 67
EVALUATION METHODOLOGY .................................................... 68
8.1
8.2
8.3
EVALUATION COMMITTEE ........................................................................... 68
EVALUATION PROCESS ............................................................................... 68
EVALUATION CRITERIA ............................................................................... 69
8.3.1
9.0
Hosted Operation (Optional) ...................................................................62
Billing Services (Optional) ......................................................................63
CONTRACT AND INSURANCE REQUIREMENTS ........................ 64
7.1
7.2
7.3
7.4
7.5
7.6
8.0
Training Services....................................................................................59
System Documentation ..........................................................................60
Corporate Qualifications and References ...............................................60
Key Personnel Experience and References ...........................................61
Software Maintenance Services .............................................................61
Evaluation Factors..................................................................................70
APPENDICES ................................................................................. 72
APPENDIX A.
APPENDIX B.
APPENDIX C.
APPENDIX D.
APPENDIX E.
APPENDIX F.
APPENDIX G.
APPENDIX H.
APPENDIX I.
APPENDIX J.
DEFINITION OF TERMS .................................................................... 72
DESCRIPTION OF COUNTY PROGRAMS .......................................... 81
ACKNOWLEDGEMENT OF RECEIPT OF RFP ...................................... 90
SAMPLE LANE COUNTY CONTRACT ................................................. 91
MUTUAL NON-DISCLOSURE AGREEMENT ....................................... 108
SOFTWARE LICENSE AGREEMENT ................................................. 113
COST PROPOSAL FORM ............................................................... 118
DESCRIPTION OF SYSTEMS FOR DATA CONVERSION ....................... 119
DESCRIPTION OF SYSTEMS FOR INTERFACES .................................. 124
HIPAA BUSINESS ASSOCIATE AGREEMENT ................................... 131
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
1.0
INTRODUCTION
1.1
PURPOSE OF THIS REQUEST FOR PROPOSALS
The Lane County, Oregon Health and Human Services Department (H&HS), hereinafter
referred to as COUNTY, is seeking proposals from prospective Vendors to acquire an
electronic data collection and reporting system for COUNTY programs and services.
The new information system is intended to significantly enhance the COUNTY’s ability to
manage and exchange information related to individuals, services and billings, internally
across program areas and externally with H&HS partners. The new information system
will assist the COUNTY and its partners to improve service delivery and resulting
outcomes for persons receiving H&HS services in Lane County. The software will
promote the integration and coordination of health care across the COUNTY and datadriven decisions by COUNTY administrators and health care service providers.
1.2
SCOPE OF THIS PROCUREMENT
The scope of this procurement includes the software and support services required for
the installation and operation of the system, which includes, but is not limited to:
(Definitions can be found in appendix A: Definition of Terms)
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Software. Software licenses, including enhancements, modifications, systems or
control software, and utilities.
Project Management. Project management services; customization as
necessary to meet COUNTY requirements; data conversion; interface
development; implementation, including configuration and testing support.
Training. Software training for both business and technical personnel.
Maintenance and Support. Software maintenance and support, documentation,
and any other directly related professional services.
Optional Value-Added Services. Vendors are also requested to provide optional
alternative support services, such as hosting and billing services.
In addition to proprietary, commercial off-the-shelf software solutions, the COUNTY will
entertain proposals that utilize public domain software and/or are supported through an
open source community. However, only proven base system software products will be
considered. The proposed system must be intergrated. The COUNTY is not interested
in purchasing professional services to design, develop or integrate separate components
of a proposed system. This RFP shall result in a single source award. Definitions of
terminology and acronyms utilized throughout this RFP are in Section 9.0, Appendix A.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
1.3
BACKGROUND
The mission of Oregon’s Lane County Health and Human Services is ”to promote and
protect the health, safety, and well being of individuals, families and our communities.”1
H&HS is a broad based organization that administers public health, mental health,
developmental disabilities, social services and offender programs in a largely
subcontracted system of services. The service providers are community partners that
support a complex service delivery system across the County.
The new H&HS management information system will support the following COUNTY
programs:
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Public Health
Developmental Disabilities
Mental Health
Supervision and Treatment Services (Alcohol, Drug and Offender Programs)
Community Health Services (Health Clinics and Treatment Programs)
The software will also support billing and accounting functions for H&HS Administration
and be fully compliant with the federal Health Information Portability and Accountability
Act (HIPAA) rules and regulations. Additional background information about each of
these COUNTY programs can be found in Section 9.0, Appendix B of this RFP.
Currently, some H&HS program functions are supported by the Human Services Client
Tracking System (HSCTS). HSCTS was internally developed, is Oracle based and has
been operational since 1992. HSCTS has primarily provided billing functions for mental
health services, methadone treatment services and sex offender treatment. HSCTS is
not an integrated system and has limited tracking functions for the developmental
disabilities program and individuals receiving immunizations.
While HSCTS has provided adequate billing and client tracking functions for some
H&HS programs over the past 14 years, H&HS program needs have evolved over time.
Today many critical program functions are being supported outside of the HSCTS, often
in a highly manual and paper intensive manner. In addition, the ability to generate
necessary reports is limited and inefficient.
H&HS has identified a need for integrated information to support data-driven decisions
and improve the efficiency and effectiveness of its business processes and services. To
that end, H&HS has initiated a project to acquire and implement a new, integrated
information system. High level functional requirements have been documented that
support the integration of H&HS business processes. Those functional requirements are
included later in this RFP in Section 6.1.
1
From the H&HS website located at http://www.lanecounty.org/hhs
2
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
Once a new system is implemented, H&HS initially anticipates approximately 210 total
users and 135 concurrent users.
1.4
PROCUREMENT LIBRARY
The Procurement Manager has established a Procurement Library for this RFP. The
documents in this library include information which is intended as support or background
information to assist Vendors, and not required to be included or addressed in a
proposal. There is no requirement for Vendors to access the Procurement Library but
vendors are encouraged to review documents in the Procurement Library in preparation
for the development of their proposals. The COUNTY has made documents in the
Procurement Library available in electronic format available for viewing at
http://www.lanecounty.org/hhs
At the time this RFP was issued, the Procurement Library contained the following
information:
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Lane County Strategic Plan
H&HS 06/07 Adopted Budget
H&HS Major Initiatives by Program Area
H&HS Placemat
High Level Project Schedule – Phase III
Sample Reports by Program Area
Lane Manual Chapter 20
Lane Manual Chapter 21
From time to time throughout the period of this procurement, the Procurement Manager
may add documents to the Procurement Library. Vendors who have submitted the
Acknowledgement of Receipt of RFP Form (see Section 9.0, Appendix C) by the
deadline required in the Procurement Schedule (see Section 4.0) will be notified via email of any additions to the Procurement Library.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
2.0
LEGAL NOTICE
Notice is hereby given that sealed responses for RFP H&HS.20277 for: LANE COUNTY,
OREGON, Health and Human Services Department, Electronic Data Collection and
Reporting System, shall be received by the Procurement Manager for this RFP, as
follows:
Julie Losco
Lane County Health and Human Services
125 East Eighth Avenue
Eugene, Oregon 97401-2926
Phone
541-682-7411
until 10:00 am Pacific Standard Time (PST), on Friday, April 6, 2007, at which time all
proposals received in proper form shall be publicly opened and recorded.
The scope of work includes acquisition and implementation of a management
information system. This is not a Public Work’s project.
The outside of the sealed envelope(s) or box(es) shall be clearly marked with the
following:
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
Vendor's Name, Address and Telephone Number
Proposal in Response to Lane County RFP H&HS.20277 for an “H&HS
Electronic Data Collection and Reporting System”
Opening Date: Friday, April 6, 2007
Opening Time: 10:00 am PST
After Tuesday, January 23, the Request for Proposal (RFP) documents may be
obtained electronically by download from the Lane County Internet website at
http://www.lanecounty.org/hhs or they may be examined by contacting the Procurement
Manager.
All communications related to this RFP should be by mail or by e-mail to
julie.losco@co.lane.or.us. The secured electronic copy of the RFP and its addenda
maintained by the COUNTY shall be the master and controlling document.
Each proposal must be submitted in the requested format. All Vendors shall be required
to comply with the provisions of ORS 656.017 regarding Workers' Compensation or be
exempt under ORS 656.126. Each RFP must contain a statement as to whether the
Vendor is a resident vendor, as defined in ORS 279A.120. All Vendors must be Equal
Opportunity Employers.
Lane County may reject any proposal not in compliance with all prescribed public
procedures and requirements and instructions in this RFP, and may reject for good
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
cause any or all proposals upon a finding by Lane County that it is in the public interest
to do so, as determined by the COUNTY.
Subject to changes based in part on Vendor’s actions, it is intended that the following
dates will govern this procurement.
ACTION
RFP Issue Date
Proposals Due and Public Proposal
Opening
DATE
Tuesday
January 23, 2007
Friday
April 6, 2007
TIME
By 2:00 pm PST
10:00 am PST
The anticipated schedule shown above expresses the present intent of the COUNTY. It
is not a representation, agreement or promise that, in fact, any projected date will be
met. Lane County may change the proposal submission deadline and opening and will
post notice of any such change on the website and notify anyone who has returned a
completed the “Acknowledgement of Receipt of Request for Proposals Form” by the
required deadline.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
3.0
CONDITIONS GOVERNING THIS PROCUREMENT
Lane County, by and through its Health and Human Services Department (hereinafter
referred to as COUNTY), reserves the right, for good and just cause, to reject any and all
proposals received as a result of this Request for Proposals when it is in the public
interest to do so, as determined by the COUNTY.
Vendors must comply with all applicable federal, state, local statutes, and rules
including, but not limited to, Lane Manual, Chapter 20 and Chapter 21, which sets forth
procurement policies of the COUNTY. Vendors are encouraged to review these
chapters, which can be found in the Procurement Library at
http://www.lanecounty.org/hhs.
Following are the Conditions Governing this Procurement:
3.1
MODIFICATION OR WITHDRAWAL OF PROPOSAL
Any proposal may be modified or withdrawn at any time prior to the scheduled opening
of proposals, provided that a telegraphic, electronic, facsimile or written request is
received by the COUNTY prior to the scheduled opening. The request shall not reveal
any proposal details, but shall state only the modification, so that the proposal shall not
be known until the proposal is opened. The withdrawal of a proposal shall not prejudice
the right of a Vendor to submit a new proposal prior to the scheduled opening.
A Vendor may submit an amended proposal before the deadline for receipt of proposals.
Any amended proposals must be complete replacements for a previously submitted
proposal and must be clearly identified as such in the transmittal letter. COUNTY
personnel will not merge, collate or assemble proposal materials.
A proposal may not be modified, withdrawn, or cancelled by the Vendor for one hundred
eighty (180) days following the time and date designated for the opening of proposals,
and the Vendor so agrees in submitting the proposal. Should there be any reason why
the contract cannot be awarded within the specified time period, the time may be
extended by mutual agreement between the COUNTY and the Vendor.
3.2
INTERPRETATION OF RFP DOCUMENTS
If the Vendor has any procedural or technical questions regarding this Request for
Proposal, please contact the Procurement Manager by mail, FAX or e-mail:
Julie Losco
125 East Eight Avenue
Eugene, OR 97401-2926
FAX
541-682-3804
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
E-Mail
julie.losco@co.lane.or.us
If a Vendor finds discrepancies in or omissions from the RFP documents, or is in doubt
as to their meaning, the Vendor shall notify COUNTY as described in this RFP in Section
3.3.
Any changes to or interpretations of RFP documents shall be accomplished by Addenda
which, if issued, will be posted to the Internet and may be read or downloaded from the
Lane County web site at http://www.lanecounty.org/hhs. A copy of the addenda will also
be available from the Procurement Manager.
It is the Vendor’s full responsibility to obtain from the COUNTY all addenda issued prior
to the proposal submission deadline. Addenda so issued are to be covered in the
proposal and are part of the proposal documents. Failure to address matters contained
in addenda could lead to rejection of entire proposal as non-responsive. Vendor or any
third party interpretations, corrections or changes made in any other manner will not be
binding, and Vendors shall not rely upon such interpretations, corrections, or changes.
In case of doubt or differences of opinion as to the interpretation of provisions of the
RFP, the decision of the COUNTY shall be final and binding upon all parties.
3.3
PROTEST OF REQUIREMENTS
A prospective bidder may protest the competitive selection process or provision(s) in the
RFP if they believe the process is contrary to law, or that the RFP document is
unnecessarily restrictive, is legally flawed or improperly specifies a brand name pursuant
to requirements in ORS 279B.405(2)(a) and (4). Protest shall be in writing no later than
5:00 pm PST on March 9, 2007, and delivered to:
Julie Losco
Lane County Health and Human Services
125 East Eighth Avenue
Eugene OR 97401-2926
Protests of specifications, technical, contractual or procedural requirements shall include
a detailed statement of the legal and factual grounds for the protest, any proposed
changes to the requirements and a description of the resulting prejudice to the
prospective bidder.
The purpose of this requirement is to permit the COUNTY to correct, prior to the opening
of proposals, requirements that may be unlawful, or from the COUNTY’S perspective,
may be improvident or which may unjustifiably restrict competition. This requirement, by
permitting corrections prior to the opening of proposals, should eliminate the waste
inherent in protests and in the possible rejection of all proposals. In order to have their
complaints considered, prospective bidders must submit them within the time frame set
forth in this Section of this RFP. The COUNTY may not at any subsequent time
consider Vendors’ objections to technical requirements or specifications. Vendors will
7
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
have an opportunity to submit with their proposals certain proposed modifications to
contract terms which may apply specifically to them and are not inconsistent with
substantive requirements of the COUNTY.
3.4
SELECTION OF FINALISTS
The Evaluation Committee will select and the Procurement Manager will notify the
Vendor(s) selected as finalists on May 24, 2007. Vendors not selected as finalists will
also be notified at this time. Only finalists will be invited to participate in the subsequent
steps of the procurement selection process. Vendors selected as finalists may be asked
to submit revisions to their proposals for the purpose of obtaining best and final offers.
(See Section 4.2.11 of this RFP for further information).
3.5
VENDOR ORAL PRESENTATION AND PRODUCT DEMONSTRATION
Vendors selected as finalists may be invited to make an oral presentation and a
demonstration of the proposed software. If requested, the Vendor will be required to
make the presentation and conduct the demonstration on site at the Lane County Public
Service Building. All costs related to providing the presentation and demonstration will
be the responsibility of the Vendor.
To ensure that Vendors have an equal opportunity for adequate preparation, the
demonstration agenda will be distributed by the Procurement Manager to all Vendors
requested to make an oral presentation and demonstration at least one (1) week prior to
the date scheduled for the presentation. The presentation and demonstration agenda
will identify the functions to be performed and the data to be used during the
demonstration. The Evaluation Committee may, at its option, request that a Vendor
demonstrate any function, product, or system capability included in the Vendor’s
proposal.
3.6
PROPOSAL PREPARATION AND SUBMISSION
An authorized representative of the Vendor’s company shall sign a master printed copy
of the proposal in ink. This master proposal must bear an original signature. Fifteen
(15) additional printed copies and one (1) electronic copy shall be supplied, with the
information in each Binder on a separate disk. The electronic copy shall be provided in
Microsoft Word and/or Excel format on CD-ROM media. In the event there are any
discrepancies among the master printed copy and any other copies provided, the
original signed master shall control and take precedence.
Proposals must be complete and include responses to all items/information requested.
Proposals must be prepared in the exact format stated in this RFP in Section 5.0,
Proposal Format and Contents. Proposals that are incomplete, fail to respond to all
items requested, have unauthorized changes/modifications to the RFP solicitation
document or Addenda terms, or are prepared in another format, may not be considered
minor informalities under Lane Manual, Chapter 21.105(9). Such errors may be deemed
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
by the COUNTY, in its sole discretion, as rendering the proposal non-responsive and
subject to rejection.
Proposals must be submitted in sealed package(s) or envelope(s). To ensure proper
identification and handling, the outside of all package(s) and/or envelope(s) must be
clearly marked, as follows:
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Vendor's Name
Vendor’s Address
Vendor’s Telephone Number
Proposal in Response to Lane County RFP H&HS.20277 for an “H&HS
Electronic Data Collection and Reporting System”
Opening Date: Friday, April 6, 2007
Opening Time: 10:00 am PST
The COUNTY must receive proposals and cost information on or before the scheduled
RFP closing date and time. Late proposals and/or modifications will not be considered.
Facsimile proposals or signatures shall not be accepted.
Unless otherwise specified, proposals received in response to this RFP shall be publicly
opened at the scheduled closing time, as follows:
Lane County Public Service Building
Health and Human Services Department
125 East Eighth Avenue
Eugene, OR 97401-2926
Vendors who attend the opening will be informed only of the names of Vendors
submitting proposals.
3.7
ALTERNATE RESPONSES
A vendor may not submit more than one (1) response.
3.8
PROPOSAL OFFER FIRM
All costs, delivery schedules, services, interest rates and any other significant factors
contained in the proposal shall be valid for one hundred eighty (180) days from the
proposal closing date, unless otherwise specified in the RFP. The COUNTY may
request Vendors to extend this time in writing.
Mailed deliveries shall be FOB destination with all transportation and handling charges
included and covered by the Vendor. Costs quoted shall specify all costs for which the
COUNTY shall be responsible, if applicable, and unspecified costs shall be borne by the
Vendor.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
3.9
EVALUATION OF PROPOSALS
A committee consisting of representatives from the COUNTY will evaluate Proposals.
The Evaluation Committee participants and process are explained in this RFP in Section
8.0 of this RFP. During the evaluation process, the Procurement Manager may, at her
option, initiate discussion with Vendors who submit responsive or potentially responsive
proposals for the purpose of clarifying aspects of the proposals, but proposals may be
accepted and evaluated without such discussion. Discussions SHALL NOT be initiated
by the Vendors during this evaluation process period.
In evaluating the proposals and selecting a Vendor and the system software, the
COUNTY reserves the following rights:
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To reject any and all proposals.
To issue subsequent Requests for Proposals, if desired.
Not to award a contract for the requested products and services.
To waive any minor irregularities or informalities in any proposal pursuant to
Lane Manual 21.105(9).
To waive mandatory requirement(s), provided all of the otherwise responsive
proposals fail to fully meet the same mandatory requirement(s), and/or doing so
does not otherwise materially affect the procurement. This right is at the sole
discretion of the COUNTY.
To accept that proposal which the COUNTY deems to be the most beneficial to
the public and the COUNTY.
To negotiate with any Vendor to further amend, modify, refine or delineate its
proposal, the contract price as it is affected by negotiating the scope of the
purchase and specific contract terms. The contents of this RFP, and as
amended, if applicable, and the successful Vendor’s proposal will be
incorporated into and become part of the contract.
To award a contract for all or part of the products and services proposed.
To negotiate and accept, without re-advertising the RFP, the proposal of the next
highest scoring Vendor in the event that a contract cannot be successfully
negotiated with the selected Vendor. This process may continue with any other
Vendor submitting proposals before the Evaluation Committee’s final
recommendation is forwarded for executive approval.
3.10 RIGHT OF APPEAL
Any Vendor responding to this Request for Proposal who is not recommended for award
by the Evaluation Committee may appeal the recommendation/intent to award to the
Board of County Commissioners pursuant to Lane Manual 21.107(14), as follows.

Any appeal must:
 Be made in writing.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
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2
Be received before the contract is awarded by the COUNTY.
Clearly state the grounds for the appeal and indicate what condition(s)
resulted in the proposal not being recommended for award.
Any appeal that does not comply with the applicable procedures may be rejected.
Unless otherwise stated in this RFP, the appeal must be received by Lane
County Health and Human Services, not later than seven (7) calendar days after
notice of the Evaluation Committee's decision was mailed. Upon receipt of the
appeal, the COUNTY shall notify the Vendor recommended for award of the
appeal. That Vendor shall have three (3) calendar days from the date the appeal
was filed to respond to the appeal in writing.
When an appeal is filed, Lane County Health and Human Services shall prepare
a written analysis of the appeal and make a recommendation to the Board of
County Commissioners about appropriate action.
The Vendor filing the appeal must demonstrate their proposal was not
recommended for award due to the occurrence of one or more of the following:2
 Differing criteria were used to evaluate different proposals.
 The Evaluation Committee unfairly applied the evaluation criteria to a
proposal.
 A member or members of the Evaluation Committee had a relationship with
a responder to the RFP that represented a conflict of interest.
 The criteria used to evaluate the proposals did not pertain to the services or
products requested.
 A member or members of the Evaluation Committee demonstrated bias
toward a proposal or responder.
 The COUNTY abused its discretion in rejecting the protestor’s proposal as
non-responsive.
 The evaluation of the proposal is otherwise in violation of any applicable
provision of ORS 279A.
The Health and Human Services Department shall present the issues before the
Board of County Commissioners. The appellant shall then have ten (10) minutes
to specifically address the appeal criteria and the Evaluation Committee’s
recommendation, and the recommended Vendor shall have ten (10) minutes to
respond.
The Board of County Commissioners will consider the Evaluation Committee’s
recommendations and the allegations of the appeal before rendering a final
decision. It shall state the conclusions reached and reasons either in writing or
on the record in a public meeting. Any decision to overturn the recommendation
shall be based on a finding that one of the criteria of Lane Manual 21.107(14)
From Lane Manual 21.107(14)(d).
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
occurred to the substantial prejudice of the appellant and the protestor must be
next in line to be awarded the contract if the protest were successful.
3.11 COSTS INCURRED
All travel expenses incurred by COUNTY employees related to this acquisition shall be
the responsibility of the COUNTY. Any cost incurred by the Vendors in preparation,
transmittal and presentation of any proposal or material submitted in response to this
RFP shall be borne solely by the Vendor.
3.12 ACCEPTANCE OF CONTRACTUAL REQUIREMENTS
Failure of the selected Vendor to execute a contract within one hundred eighty (180)
days after notification of award may result in cancellation of the award. This time period
may be extended at the option of the COUNTY. The COUNTY may then offer/award a
contract to the next highest Vendor and continue the process to other Vendors as
necessary.
3.13 NEWS RELEASE
News releases pertaining to this acquisition will be made only with the prior written
consent of the COUNTY, and then only in coordination with the COUNTY.
3.14 PUBLIC RECORDS
All proposals will be kept confidential until after the notice of intent to award/Evaluation
Committee recommendations. This RFP and one (1) copy of each original proposal
received in response to it, together with copies of all documents pertaining to the award
of a contract, shall be kept by the COUNTY and made a part of a file or record, which
shall be open to public inspection following the notice of intent to award a contract to the
successful Vendor. Those documents will become the property of the COUNTY. The
remaining proposals submitted in response to this RFP will be available to be picked up
from the Procurement Manager by the Vendors for a period of thirty (30) calendar days
after the expiration of the period of protest, estimated to be up to June 30, 2007. After
that period of time, extra copies of proposals not kept in the official COUNTY
procurement records will be destroyed by the COUNTY.
The COUNTY will not disclose or make public any pages of a proposal on which the
Vendor has stamped or imprinted “proprietary” or “confidential” subject to the following
requirements:
 If a proposal contains any information that a Vendor reasonably believes is a
trade secret under ORS 192.501(2), each sheet of such information must be
marked with the following legend:
"This data constitutes a trade secret under ORS 192.501(2), and
shall not be disclosed except in accordance with the Oregon
Public Records Law, ORS Chapter 192:” AND/OR
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007

If the Vendor reasonably believes there are any other grounds for exempting
information from disclosure under Oregon Public Records law, the Vendor shall
mark the information accordingly; AND

It shall be the Vendor's obligation to establish that the information is exempt from
disclosure. Many exemptions are conditioned upon "unless the public interest
requires disclosure in a particular instance" which may depend upon official or
judicial determinations made pursuant to the Public Records Law. The Vendor
shall defend, indemnify, and hold the COUNTY harmless from any claim or
administrative appeal, including costs, expenses, and any attorney fees, related
to a request to disclose information which the Vendor has labeled as confidential;
AND

Proprietary or confidential data shall be readily separable from the proposal in
order to facilitate eventual public inspections of the non-confidential portion of the
proposal; AND

The COUNTY shall be entitled to use information marked confidential, in whole
or in part, for proposal evaluation, and may make copies for this purpose. If
applicable, the COUNTY may, in its discretion, include contract language
covering procedures separating confidential information, if it is to be part of a
resulting contract.

However, not withstanding the above, any restrictions related to information
marked confidential do not apply, if the COUNTY has the right to or has obtained
the information from another source; AND

Cost(s) or price(s) to be charged the COUNTY and delivery information shall not
be considered confidential and shall be open to public inspection.
3.15 VENDOR DISQUALIFICATION
The COUNTY has and reserves the right to refuse to enter into a contract if the
COUNTY, based upon reasonable grounds, determines that the legitimate ends of
government would not be served, or for reasons set forth in ORS 279B.130(2). After
receiving notice of disqualification, the Vendor may appeal in accordance with ORS
279B.130(5) and 279B.425.
3.16 INVESTIGATION OF REFERENCES
The COUNTY reserves the right to investigate the references and conduct other
investigations as necessary, to determine the past performance of any Vendor with
respect to its successful performance of similar projects, compliance with specifications
and contractual obligations, its completion or delivery of a project on schedule, and its
lawful payment of suppliers, sub-contractors, and workers. This investigation may occur
throughout the evaluation process, including up to final execution of any contract. The
COUNTY may postpone the award or execution of the contract after the announcement
of the apparent successful Vendor in order to complete its investigation. The COUNTY
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
reserves its right to reject any proposal, any part of a proposal, to reject all proposals,
and to cancel the award of any contract at any time prior to COUNTY’S execution of a
contract.
3.17 PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS
Due to the limited resources of the COUNTY, the COUNTY generally will not completely
review or analyze proposals which on their faces fail to comply with the requirements of
the RFP nor will the COUNTY generally investigate the references or qualifications of
those who submit such proposals. Therefore, neither the release of a Vendor's bid
bond, the return of a proposal, nor acknowledgment that the selection is complete shall
operate as a representation by the COUNTY that an unsuccessful proposal was
complete, sufficient, or lawful in any respect.
3.18 PRIME CONTRACTOR RESPONSIBILITY
Any contract that may result from this RFP shall specify that the prime contractor is
solely responsible for fulfillment of the contract with the COUNTY. The COUNTY will
make contract payments only to the prime contractor. Vendor is responsible for
supplying to COUNTY and negotiating any third party manufacturer or partner
agreements to be consistent with the terms of this RFP. Terms and conditions
substantially inconsistent with the terms of this RFP could result in rejection of vendor’s
proposal.
3.19 SUBCONTRACTORS
The use of subcontractors must be clearly explained in the proposal, and major
subcontractors must be identified by name. The prime contractor shall be wholly
responsible for the entire performance whether or not subcontractors are used.
3.20 OBLIGATION
This RFP may be canceled at any time and any and all proposals may be rejected in
whole or in part when the COUNTY determines such action to be in its best interests.
This RFP in no manner obligates the COUNTY to the eventual rental, lease, purchase,
etc., of any equipment, software, or services offered until a valid written contract is
awarded and approved by appropriate authorities.
3.21 SUFFICIENT FUNDING
Any contract awarded as a result of the RFP process may be terminated if sufficient
funding or authorizations do not exist. Such termination will be effected by sending
written notice to the Vendor. The COUNTY’s decision as to whether sufficient funding
and authorizations are available will be accepted by the Vendor as final.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
3.22 CHANGE in Vendor Representatives
Once a contract has been finalized as a result of this RFP, the COUNTY reserves the
right to require a change in Vendor representative(s) if the assigned representative(s)
are not, in the opinion of the COUNTY, adequately meeting its needs.
3.23 ACCEPTANCE OF CONDITIONS GOVERNING THE PROCUREMENT
Vendors must indicate their acceptance of the Conditions Governing the Procurement in
Section 3.0 of this RFP in the Letter of Transmittal. Submission of a proposal constitutes
acceptance of the Evaluation Factors contained in Section 8.3 of this RFP.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
4.0
Procurement Schedule
4.1
SEQUENCE OF EVENTS
The Procurement Manager will make every effort to follow the schedule set forth in the
following table:
Procurement Activity
Date
Issue of RFP
1/23/2007
Procurement Distribution List Response Deadline
2/8/2007
Deadline to Submit Written Questions
2/19/2007
COUNTY Publishes Responses to Questions
3/2/2007
Deadline to Receive Protest of Requirements
3/9/2007
Deadline to Submit Proposals
4/6/2007
Evaluation of Proposals
4/9/2007
Through
5/4/2007
Development of Vendor Presentation and Software
Demonstration Agenda
5/4/2007
Selection and Notification of Finalists
Vendor Presentations and Software Demonstrations by
Finalists
5/4/2007
5/14/2007
Through
5/18/2007
Best and Final Offers of Finalists
5/18/2007
Notice of Intent to Award and Committee
Recommendations
5/24/2007
Protest of Intent to Awarded
5/31/2007
Award of Contract by Board of County Commissioners
6/12/2007
Anticipated Start Date
7/1/2007
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
4.2
EXPLANATION OF EVENTS
Following are the descriptions of the activities listed in Section 4.1 above.
4.2.1 ISSUE OF RFP
This RFP # H&HS.20277 is being issued by the Lane County, Oregon, Health
and Human Services Department on January 23, 2007. An electronic copy of
the RFP can be obtained at http://www.lanecounty.org/hhs.
4.2.2 PROCUREMENT DISTRIBUTION LIST RESPONSE DEADLINE
Vendors should hand deliver or return by facsimile or by registered or certified
mail the “Acknowledgement of Receipt of Request for Proposals Form” that can
be found in Section 9.0, Appendix C of this RFP to have their organization placed
on the Procurement Distribution List. This form should be signed by an
authorized representative of the Vendor, dated, and returned by 5:00 pm PST on
February 8, 2007 to the Procurement Manager (see Section 2.0).
Failure to return this form shall mean the Vendor’s organization name shall not
appear on the Procurement Distribution List.
Vendors are allowed to participate in the RFP process even if they don’t
completed and return the Procurement Distribution List.
The Procurement Distribution List will be used when distributing the written
responses to questions and any RFP amendments. Written responses to
questions and any RFP amendments will also be available on the COUNTY
website at http://www.lanecounty.org/hhs.
4.2.3 DEADLINE TO SUBMIT WRITTEN QUESTIONS
Vendors may submit additional written questions as to the intent or clarity of this
RFP until 5:00 pm PST on February 19, 2007. All written questions must be
addressed to the Procurement Manager (see Section 2.0).
4.2.4 COUNTY PUBLISHES RESPONSES TO QUESTIONS
Written responses to written questions and any RFP amendments will be
distributed on March 2, 2007 to all Vendors whose organization name appears
on the Procurement Distribution List. Responses to written questions will also be
available on the COUNTY website at http://www.lanecounty.org/hhs
4.2.5 DEADLINE TO RECEIVE PROTEST OF REQUIREMENTS
Protests of the competitive selection process, specifications, technical
requirements or contract shall be in writing no later than 5:00 pm PST on March
9, 2007, and delivered to the Procurement Manager (see Section 2.0). Protests
of specifications, technical, contractual or procedural requirements shall include a
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
detailed statement of the legal and factual grounds for the protest, any proposed
changes to the requirements and a description of the resulting prejudice to the
Vendor. (See Section 3.3 of this RFP for further information.)
4.2.6 DEADLINE TO SUBMIT PROPOSALS
All proposals in response to this RFP must be received by the Procurement
Manager no later than 10:00 am PST on April 6, 2007. Proposals received after
this deadline will not be accepted. The date and time will be recorded on each
proposal.
Proposals must be addressed and delivered to the Procurement Manager at the
address listed in Section 2.0 of this RFP. Proposals must be sealed and labeled
on the outside of the package to clearly indicate they are in response to RFP #
H&HS.20277 (see Section 3.6 for further details about labeling proposals).
Proposals submitted by facsimile will not be accepted.
A public log will be kept of the names of all Vendor organizations that submitted
proposals. The contents of any proposal shall not be disclosed to competing
Vendors prior to contract award.
4.2.7 EVALUATION OF PROPOSALS
The evaluation of proposals will be performed by an Evaluation Committee
appointed by COUNTY management. The evaluation process will take place
between April 9, 2007 and May 4, 2007. During this time, the Procurement
Manager may, at her option, initiate discussion with Vendors who submit
responsive or potentially responsive proposals for the purpose of clarifying
aspects of the proposals, but proposals may be accepted and evaluated without
such discussion. Discussions shall not be initiated by the Vendors during the
evaluation process period.
4.2.8 DEVELOPMENT OF VENDOR PRESENTATION AND SOFTWARE DEMONSTRATION
AGENDA
To ensure that all Vendors selected as finalists in this procurement process have
an equal opportunity for adequate preparation, the Oral Presentation and
Software Demonstration Agenda will be distributed by the Procurement Manager
to all Finalist Vendors when each Vendor is notified about being selected as a
finalist on May 4, 2007. The Agenda will identify the time allowed for oral
presentations, as well as the functions to be performed and the data to be used
during the software demonstration. The Evaluation Committee may, at its option,
request during the presentation that each Vendor demonstrate any function,
product, or system capability included in the Vendor’s proposal.
4.2.9 SELECTION AND NOTIFICATION OF FINALISTS
The Evaluation Committee will select and the Procurement Manager will notify
the finalist Vendor(s) on May 4, 2007 via a Finalist Notification Letter. Vendors
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
not selected as finalists will also be notified at this time. Only finalists will be
invited to participate in the subsequent steps of the procurement. The schedule
for the oral presentations and software demonstrations will be determined at this
time, and the agenda will be distributed to the finalist Vendors.
4.2.10
VENDOR PRESENTATIONS AND SOFTWARE DEMONSTRATIONS BY FINALISTS
If selected as a finalist, Vendors agree to present their proposal and demonstrate
their proposed system to the Evaluation Committee. In addition, Vendors agree
to provide the Evaluation Committee the opportunity to interview proposed staff
members identified by the Evaluation Committee in the finalist notification letter
at the session. The Vendors proposed Project Manager is expected to conduct
the session. A statement of concurrence is required in the Vendor proposal.
The Procurement Manager will schedule the time for each Vendor’s presentation
and demonstration on a day between May 14, 2007 and May 18, 2006. All
Vendor oral presentations and software demonstrations will be held in Eugene,
Oregon at a site(s) specified in the Finalist Notification Letter. Each finalist
Vendor shall be responsible for all costs for preparation and presentation. Any
special equipment configuration requirements or other Vendor needs must be
stated in the Vendor's proposal. Each Vendor will be given a maximum of three
(3) hours for setup, and each presentation and demonstration will be limited to
four (4) hours in duration.
4.2.11
BEST AND FINAL OFFERS OF FINALIST(S)
Finalist Vendor(s) may be asked to submit revisions to their proposals for the
purpose of obtaining best and final offers. The best and final offers phase is an
optional phase that will be conducted only if determined necessary by the H&HS
Proposal Evaluation Team. The decision as to whether to conduct a best and
final offers phase will be determined by the COUNTY and accepted by the
Vendor as final.
If H&HS elects to request best and final offers, H&HS will determine and rank the
proposers and create a short list of proposals for further evaluation (the
“competitive range”). The competitive range shall be established by H&HS after
the evaluation of Proposals is completed, but the Competitive Range will not be
more than 3 proposers. The COUNTY, at its discretion, may request a best and
final offer from a single proposer. H&HS may increase the number of proposers
in the competitive range if H&HS’ evaluation of proposals establishes a natural
break in the scores of proposers indicating a number of proposers greater than
the initial Competitive Range are closely competitive, or have a reasonable
chance of being determined the best proposer after H&HS evaluation of best and
final offers.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
4.2.12
SELECTION OF WINNING VENDOR
The final successful Vendor will be selected by the Evaluation Committee based
on scores and results of the entire evaluation process, including oral
presentations and software demonstrations, and best and final offers, if
requested. The winning Vendor will be selected by May 24, 2007.
The COUNTY reserves the right to reject any proposal(s) not in compliance with
the instructions in this RFP or all prescribed public bidding procedures and
requirements and may, for good cause, reject any or all proposal(s) when it is in
the public interest to do so as determined by the COUNTY.
4.2.13
AWARD OF CONTRACT BY BOARD OF COUNTY COMMISSIONERS
The contract will be presented to the Board of County commissioners on June
12, 2007 for award. In the event that mutually agreeable contract terms cannot
be reached with the winning Vendor within the time specified, the COUNTY
reserves the right to finalize a contract with the next most advantageous Vendor
without undertaking a new procurement process. The payment schedule for the
successful Vendor for implementation of the proposed software solution shall be
negotiated in the final contract. Software license fees and project deliverables
approved by the COUNTY are the basis for all payments to the successful
Vendor.
4.2.14
PROTEST DEADLINE
Any Vendor responding to this RFP who is not recommended for award by the
Evaluation Committee may appeal the recommendation/intent to award to the
Board of County Commissioners pursuant to Lane Manual 21.107(14).
The deadline to submit an appeal is May 31, 2007. Appeals received after the
deadline will not be accepted. Details about the appeal process can be found in
this RFP in Section 3.10.
4.2.15
ANTICIPATED START DATE
The COUNTY anticipates the contract will start on July 1, 2007.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
5.0
Proposal Format and Content
Proposals must provide a concise description of the Vendor's ability to satisfy the
requirements of this RFP, with an emphasis on completeness and clarity of contents.
The COUNTY shall not be liable for any costs incurred in the preparation, submittal and
presentation of proposals.
5.1
PROPOSAL FORMAT
Proposals shall consist of the following items, separated into binders. Vendors may
select their own numbering system, but proposals must be presented in the order
indicated.
Binder 1
o Letter of Transmittal
o Detailed Response to Scope of Work
 Cover Page
 Table of Contents
 Table of Illustrations, if applicable
 Executive Summary
 Scope of Work
 Response to Mandatory Functional Requirements
 Response to Desirable Functional Requirements
 Response to Mandatory Technical Specifications
 Response to Desirable Technical Specifications
 Response to Requested Technical Information
 Response to Business Specifications

Project Management Services

Customization Services

Data Conversion Services

Interface Services

Implementation Services

Training Services

System Documentation

Corporate Qualifications and References

Key Personnel Experience and References

Software Maintenance Services

Value-Added Services (Optional)
 Hosting Services
 Billing Services
 Appendices
Binder 2
o Cost Proposal
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
Binder 3
o Technical Literature and Other Services (Optional)
5.1.1 LETTER OF TRANSMITTAL
The Letter of Transmittal shall introduce the Vendor and, at a minimum, contain the
following information:
 Identify the submitting organization.
 Identify the name, title, telephone and fax numbers, and e-mail address of the
person authorized by the Vendor to contractually obligate the Vendor.
 Identify the name, title, telephone and fax numbers, and e-mail address of the
person authorized to negotiate the contract on behalf of the Vendor.
 Identify the names, titles, telephone and fax numbers, and e-mail addresses of
the person(s) to be contacted for clarification.
 Introduce all subcontractor(s) included in the proposal, with a brief explanation
about their role in the project.
 Explicitly indicate acceptance of the Conditions Governing the Procurement
stated in Section 3.23 of this RFP.
 Explicitly acknowledge concurrence with Section 4.2.10. Vendor Presentations
and Software Demonstrations if selected as a finalist.
 Explicitly acknowledge cooperation with an IV&V contractor if selected as the
contractor.
 Acknowledge receipt of any and all amendments to this RFP.
 Vendors must certify by affirmative statement that if they are selected as the
successful Vendor as a result of this RFP, they accept all terms and conditions in
Section 7.0. Contract and Insurance Requirements and the related Appendices,
in substantial conformity as stated, including acknowledgement of willingness to:
 Sign Mutual Non-Disclosure Agreement (see Section 9.0, Appendix E)
 Sign Software License Agreement (see Section 9.0, Appendix F)
 Obtain and maintain required insurance coverage (see Section 7.5)
 Be signed by the person authorized to contractually obligate the Vendor.
5.1.2 DETAILED RESPONSE TO SCOPE OF WORK (BINDER 1)
Vendor proposals shall include clear, concise descriptions and include at least the
following information listed below. Though Vendor proposals numbering schema may
be at the Vendor’s discretion, proposals must be presented in the same order as
presented below.
5.1.2.1 Cover Page
The Cover Page shall include, at a minimum, the following information:
5.1.2.1.1 Proposal in Response to RFP # H&HS.20277 for an “H&HS
Management Information System”
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
5.1.2.1.2
5.1.2.1.3
Vendor Name, Address and Telephone Number
Date of Proposal Submission
5.1.2.2 Table of Contents
The Table of Contents shall be a standard listing of proposal section numbers,
section titles and page numbers. All numbered sections of the proposal should
be included, not just major sections.
5.1.2.3 Table of Illustrations
All illustrations within each major proposal section should be labeled as Figures,
given a chronological number within each section, such as Figure 1.1, Figure 1.2,
Figure 2.1, etc., and be listed in this table. The list should contain figure number,
title, and page number.
5.1.2.4 Executive Summary
The Executive Summary shall include in no more than three (3) pages, at a
minimum:
5.1.2.4.1 A brief statement about the prime Vendor submitting the
proposal and any Vendors partnering with the prime Vendor.
5.1.2.4.2 A brief statement demonstrating the Vendor’s thorough
understanding of the requirements presented in this RFP.
5.1.2.4.3 A brief statement about the salient features of the proposal,
summarizing the key points of the proposal.
5.1.2.4.4 A brief statement of the software and services the Vendor is
proposing to provide to the COUNTY, how the proposed
solution addresses the needs of the COUNTY, along with
any special features of the proposed software and/or Vendor
services that positively distinguish the proposal.
5.1.2.4.5 Any additional information the Vendor might wish to add
which would allow the Evaluation Committee to more fully
understand the contents of the proposal.
5.1.2.5 Scope of Work
5.1.2.5.1
Response to Mandatory Functional Requirements
Vendor proposals shall include detailed information as
described in Section 6.1.1 of this RFP.
5.1.2.5.2
Response to Desirable Functional Requirements
Vendor proposals should include detailed information as
described in Section 6.1.2 of this RFP. Vendors may
propose additional functionality not addressed in the
mandatory or desirable functional requirements in this section
of their response.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
5.1.2.5.3
Response to Mandatory Technical Specification
Vendor proposals shall include detailed information as
described in Section 6.2.1 of this RFP.
5.1.2.5.4
Response to Desirable Technical Specifications
Vendor proposals should include detailed information as
described in Section 6.2.2 of this RFP.
5.1.2.5.5
Response to Requested Technical Information
Vendor proposals should include information as described in
Section 6.2.3 of this RFP.
5.1.2.5.6
Response to Mandatory Business Specifications
5.1.2.5.7
Project Management Services
5.1.2.5.7.1 Approach and Methodology to
Project Management
5.1.2.5.7.2 Pertinent Issues
5.1.2.5.7.3 Project Manager
5.1.2.5.7.4 Cooperation with Independent
Verification and Validation
Contractor
5.1.2.5.7.5 Project Management Deliverables
5.1.2.5.7.6 Project Organization
5.1.2.5.7.7 High Level Work Plan
5.1.2.5.7.8 Approach and Methodology to Risk
Management
5.1.2.5.8
Customization Services
5.1.2.5.8.1 Approach and Methodology
5.1.2.5.8.2 Effort to Customize to Meet
Mandatory Requirements, if
applicable
5.1.2.5.8.3 Effort to Customize to Meet
desirable Functionality
5.1.2.5.9
Data Conversion Services
5.1.2.5.9.1 Approach and Methodology
5.1.2.5.9.2 Expertise and Experience
5.1.2.5.10 Interface Services
5.1.2.5.10.1 Strategy and Methodology
5.1.2.5.10.2 Expertise and Experience
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
5.1.2.5.11 Implementation Services
5.1.2.5.11.1 Configuration Support Services
5.1.2.5.11.2 Testing Support Services
5.1.2.5.12 Training Services
5.1.2.5.12.1 User Training
5.1.2.5.12.2 Technical Training
5.1.2.5.13 System Documentation
5.1.2.5.14 Corporate Qualifications and References
5.1.2.5.14.1 Experience and Successes
5.1.2.5.14.2 Corporate References
5.1.2.5.15 Key Personnel Experience and References
5.1.2.5.15.1 Identification of Key Personnel
5.1.2.5.15.2 Experience Narratives
5.1.2.5.15.3 Reference for Project Manager
5.1.2.5.15.4 Resumes (may be located in an
Appendix of the proposal)
5.1.2.5.16 Software Maintenance Services
5.1.2.5.16.1 Approach to Software Maintenance
Services
5.1.2.5.16.2 Frequency of Planned System
Upgrades, Patches and Software
Versions
The Vendor’s software maintenance contract may
be included in the Appendices of the proposal in
Binder 1 if it is referenced in this section of the
proposal.
5.1.2.5.17 Value- Added Services
5.1.2.5.16.1 Response to Hosting Services
(Optional)
5.1.2.5.16.2 Response to Billing Services
(Optional)
5.1.2.6 Appendices
Vendor proposals may include Appendices, if desired, to present
additional pertinent information and/or information as noted above, e.g.
software maintenance contract. Documents that substantiate proposal
claims, such as an example Risk Assessment, Training Plan, etc. may
be attached as Appendices. References to information found in
Appendices should be precise to the section and page number.
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Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
5.1.3 COST PROPOSAL (BINDER 2)
Vendor proposals must include the Cost Proposal in a separate binder (Binder 2) from
the Detailed Response to the Scope of Work. The cost response to this RFP shall be
proposed as a firm fixed price for the complete offering and shall be submitted in the
format on the Cost Proposal Form in Section 9.0, Appendix G. Additional detail may be
provided as Appendices or attached documentation. Vendors must complete all
information on the Cost Proposal Form.
All cost information shall be quoted in U.S. dollars. The COUNTY expects to receive all
cost benefits possible. Costs are divided into categories to facilitate budget and
payment schedules.
All Vendors shall assume and pay all applicable state, federal, and municipal taxes and
contributions which are payable by virtue of development, delivery, and installation of the
item(s) specified in their bid or changes. The COUNTY will provide certificates of tax
exemption upon request.
5.1.4 TECHNICAL LITERATURE AND OTHER SERVICES (BINDER 3 - OPTIONAL)
Vendor proposals may include technical literature and/or other materials Vendors may
believe might add to the knowledge of Evaluation Committee members. Information
submitted in Binder 3 will not be evaluated or assigned point values when evaluating
proposals. Vendors are not required to submit any additional information. If proposals
contain information in Binder 3, they should include an index that includes a list all
sample documents, reference materials, manuals and other documents included in the
Binder.
26
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
6.0
Scope of Work
H&HS has identified a need for integrated information to support data-driven decisions
and improve the efficiency and effectiveness of its business processes and services.
The COUNTY has documented the goal for a new system, as follows:
The H&HS New System Project will result in “a new electronic information
system that will significantly enhance H&HS ability to manage and
exchange information related to individuals, services and billings,
internally across program areas and externally with H&HS partners.
The new information system will assist H&HS and its partners to
improve service delivery and resulting outcomes for persons receiving
H&HS services in Lane County.”3
The Scope of Work for this RFP consists of the following primary tasks:
Software
 Provide management information system software that meets COUNTY
functional and technical requirements.
Project Management
 Provide high quality project management services to the project.
Customization
 Customize the base system software (if necessary) to fully meet the mandatory
functional requirements of the COUNTY. If requested by the COUNTY,
customize the base system software to fully meet the desirable system
functionality.
Implementation Support
 Convert data from COUNTY legacy system(s) to the new system.
 Develop and test interface(s) to COUNTY legacy system(s).
 Provide implementation services to the COUNTY, including configuration and
testing support.
 Successfully implement the software solution across the COUNTY.
Training
 Train user and technical personnel.
3
From the Lane County H&HS New System Project Joint Application Requirements Confirmation Session Summary
document dated August 30, 2006, page 4.
27
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
Maintenance and Support
 Provide maintenance services for the software.
6.1
FUNCTIONAL REQUIREMENTS
The COUNTY intends to acquire new system software that best meets the COUNTY’s
functional and technical requirements and is competitively priced compared to other
Vendor proposals. Vendors shall include detailed responses in their proposals that
address the capabilities of their proposed software solution in relation to the Mandatory
Functional Requirements set forth in Section 6.1.1.
In addition to proprietary, commercial off-the-shelf software solutions, the COUNTY will
entertain proposals that utilize public domain software and/or are supported through an
open source community. Vendor proposals must identify any components of their
proposed software solution that is public domain and/or open source. However, only
proven base system software products will be considered. The COUNTY is not
interested in purchasing professional services to design and develop a system.
COUNTY Technical Requirements are set forth later in this RFP in Section 6.2.
Mandatory Business Specifications related to the implementation of the software solution
are set forth in Section 6.3 of this RFP.
6.1.1 MANDATORY FUNCTIONAL REQUIREMENTS
The COUNTY has identified and documented descriptions of its high level business
processes that must be supported by a new electronic data collection and reporting
system. Every mandatory functional requirement must be met by the Vendor’s proposed
software, either through the use of their software, a partnership with another software
developer who provides the related mandatory functionality, or through customization of
the proposed software. In Table 6.1.1 below, each business process is related to
mandatory functional requirements for a new system that will assist the COUNTY in the
improvement of those processes and COUNTY services.
Vendors shall provide a clear description of how their proposed software solution meets
each of the mandatory functional requirements. Vendors must address the extent to
which their software meets each mandatory requirement by number in the same order
as set forth in Table 6.1.1, Column 4.0, e.g. 1.1, 1.2, etc. Vendors must identify and
describe their software component, (e.g. module name, screen number(s), associated
business rules, etc.), that meets the COUNTY mandatory requirement. Merely repeating
the requirement with a statement the software performs the function is not an acceptable
response. General product descriptions and/or advertising materials related to the
proposed software will not be considered by the COUNTY to be sufficient information to
warrant critical review by the Evaluation Committee.
If the proposed software does not include functionality that meets a specific COUNTY
mandatory requirement, it shall be so noted. If the functionality is planned in a future
software release, that shall be noted, with the estimated date of the new release.
28
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
Otherwise, Vendors shall describe the extent of modifications to the Vendor’s proposed
software solution needed to meet the mandatory requirement.
Those proposed systems that support the business processes and meet the mandatory
requirements most robustly will be considered more favorably than those with less
functionality.
Table 6.1.1. COUNTY Business Processes and Mandatory System Functional Requirements
1.0
Business
Process
Number
M.1
M.2
2.0
COUNTY
Business
Process
3.0
Business Process
Description
Contact
Management
The process of recording,
tracking and managing all
identified categories of
contacts and service
requests to Lane County
Health and Human
Services.
Scheduling
The process of identifying
available resources, e.g.
staff, facilities, and
matching those to
individual appointments
and other services.
29
4.0
New System
Mandatory Functional
Requirement
A new system shall have
the capability to capture
and report data related to:
1.1 Contact logging
1.2 Crisis line contacts
1.3 Follow-up activities
on initial contacts
The new system shall
include the following
functionality:
2.1 Appointment
scheduling
2.2 Automated reminder
system
2.3 Staff time tracking
2.4 Resource scheduling
The new system shall
support data exchange
from the Scheduler to EHR
and Billing components.
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
3.0
Business Process
Description
1.0
Business
Process
Number
2.0
COUNTY
Business
Process
M.3
Screening
and Intake/
Enrollment
The process of
completing and recording
a group of initial functions
necessary to provide
services to an individual.
Evaluation and
Assessment
The process of
completing and recording
information about initial
and ongoing evaluations
and assessments to
determine an individual’s
service and support
needs.
M.4
M.5
Case
Management
The process of
developing, planning,
coordinating, recording
and tracking individualcentered services and
supports.
30
4.0
New System
Mandatory Functional
Requirement
The new system shall
include the capability to
capture and report data
related to:
3.1 Incoming referrals
3.2 Individual registration
3.3 Individual releases
and notices
3.4 Enrollment in
programs
3.5 Initial eligibility
determination
3.6 Individual benefits
3.7 Prior authorizations
3.8 Disclosures
3.9 Individual health
information
The new system shall
include the capability of
capturing and reporting
data related to:
4.1 Initial individual
evaluation
4.2 Medical screening
4.3 Core screening and
assessment
4.4 Functional evaluation
4.5 Updates to
evaluations and
assessments
4.6 Crisis assessment
The new system shall
include the capability of
capturing and reporting
data related to:
5.1 Case management
services
5.2 Case and progress
notes
5.3 Plan of Care
development and
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
1.0
Business
Process
Number
M.6
M.7
2.0
COUNTY
Business
Process
3.0
Business Process
Description
Referral
The process of recording
and managing incoming
and outgoing individual
information from one
service provider to
another.
Electronic
Health Record
The process of recording,
tracking and managing
services and care
provided by Lane County
Health and Human
Services, and the
disclosure/distribution of
information related to an
individual.
31
4.0
New System
Mandatory Functional
Requirement
monitoring
5.4 Individual Service
Plan development
5.5 Caseload and
resource
management
5.6 Discharge planning
5.7 Legal tracking
5.8 Ongoing eligibility
determination
The new system shall
include the capability of
capturing and reporting
data related to:
6.1 Provider resource
management
6.2 Provider
communications
6.3 Client referrals,
including incoming
and outgoing
6.4 Client outcomes
6.5 Client follow-up
The new system shall
include the capability of
capturing and reporting:
7.1 Individual
demographic data
7.2 Individual health data
7.3 Appointment type
history
7.4 Progress notes
7.5 Individual diagnostic
data
7.6 Licensed medical
professional orders
7.7 Collateral records
7.8 Encounter tracking,
e.g. from providers,
clinics, Community
Health Centers
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
1.0
Business
Process
Number
M.8
M.9
M.10
2.0
COUNTY
Business
Process
3.0
Business Process
Description
Immunizations
The process of recording,
tracking and managing
vaccines and
vaccinations
administered to
individuals.
Pharmacy /
Medication
Management
The process of acquiring,
recording, monitoring,
prescribing, administering
and
dispensing/distributing
medications in
accordance with
regulatory requirements.
Laboratory
The process of ordering,
performing, recording,
reporting, reviewing and
tracking laboratory tests
in accordance with
regulatory requirements.
32
4.0
New System
Mandatory Functional
Requirement
7.9 Health program
services
The new system shall
include the capability of
capturing and reporting
data related to:
8.1 Vaccine ordering
8.2 Shot records
8.3 Vaccine inventory in
real time
8.4 Adverse events and
incident reports
The new system shall
include the capability of
capturing and reporting
data related to:
9.1 Drug ordering
9.2 Individual medication
history
9.3 Individual medication
tracking and
monitoring
9.4 Drug inventory in real
time
9.5 Drug interactions
9.6 Adverse effects
9.7 Refill tracking – auto
alerts
9.8 Generates
prescription labels
9.9 Auto fax prescriptions
to pharmacies
The new system shall
include the capability of
capturing and reporting
data related to:
10.1 Lab order entry
10.2 Lab results, received
electronically or
scanned (including
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
1.0
Business
Process
Number
M.11
M.12
2.0
COUNTY
Business
Process
3.0
Business Process
Description
Residential
Services
Management
The process of
identifying, recording,
monitoring and reporting
placements and services
provided to individuals in
residential settings.
Wait List
Management
The process of recording
and maintaining a list of
individuals awaiting
services provided by
Lane County Health and
Human Services.
33
4.0
New System
Mandatory Functional
Requirement
imaging)
10.3 Multiple iterations
tracking
The new system shall
include the capability of
capturing and reporting
data related to the
following health residential
services management
programs:
11.1 Adult Foster Care
11.2 Children’s Foster
Care
11.3 Short Term Crisis
Management
Residential
11.4 Supported Living
11.5 Tenant-Based
Assistance
11.6 Transitional
Housing
Management
11.7 24-hour Residential
Group Home
The new system shall
include the capability of
capturing and reporting
data related to:
12.1 Availability of
Services
12.2 Individual Wait Lists,
e.g. Developmental
Disabilities, Mental
Health Residential,
Methadone
Treatment
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
1.0
Business
Process
Number
M.13
2.0
COUNTY
Business
Process
Tracking and
Reporting
3.0
Business Process
Description
The process of
monitoring and producing
reports about services
provided to individuals,
including individual
service utilization and
outcomes, staff and
contractor performance
and productivity, and cost
benefit tracking.
34
4.0
New System
Mandatory Functional
Requirement
The new system shall
include a robust reporting
capability/tools, including,
but not limited to:
13.1 Standard systemgenerated reports.
Vendor proposals
must include copies
of all proposed
solution standard
reports (can be
placed in an
Appendix).
13.2 User-defined reports
13.3 Ad Hoc reports
13.4 Vendor proposals
shall include a
detailed description
of the reporting tools
associated with their
proposed solution,
including any third
party proprietary
software or report
writers.
13.5 Ability to extract all
data captured in the
system
13.6 Archiving data and
reports functionality,
including the ability
to scan documents
13.7 The new system
shall be fully HIPAA
compliant and meet
other relevant
federal regulatory
compliance for
electronic health
care systems.
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
1.0
Business
Process
Number
2.0
COUNTY
Business
Process
3.0
Business Process
Description
M.14
Patient
Accounts /
Money
Management
The process of recording,
maintaining and
disbursing funds for
specific individuals.
Billing
The process of electronic
submission and
acceptance of HIPAAcompliant transactions for
individual services
provided by Lane County
Health and Human
Services.
M.15
4.0
New System
Mandatory Functional
Requirement
The new system shall
include the capability to
capture and report data
related to:
14.1 Individual personal
accounts
The new system shall
include full functionality
related to:
15.1 Pre-billing
15.2 Electronic billing
management
15.3 Electronic accounts
receivable
management
15.4 HIPAA Privacy and
Security
15.5 Stay current and
include National
Provider Identifier,
third party resource
code, National Drug
codes and
Transactions and
Code Set rules and
regulations
Additionally, Vendor proposals must address their software support related to reminders,
ticklers, notifications and data integrity edits.
6.1.2 DESIRABLE FUNCTIONAL REQUIREMENTS
Table 6.1.2 below sets forth COUNTY business processes and related new system
functional requirements that are desired by the COUNTY in its new system. Vendors
should describe in their proposals the extent to which their proposed software meets, or
does not meet, each of the desirable requirements set forth in Table 6.1.2, Column 4.0.
Vendors should address each requirement in order by number, e.g. D.1.1, D.1.2, etc.
Vendors may propose additional functionality not addressed in the mandatory or
desirable functional requirements. General product descriptions and/or advertising
35
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
materials related to the proposed software will not be considered by the COUNTY to be
sufficient information to warrant critical review by the Evaluation Committee.
Table 6.1.2. COUNTY Business Processes and Desirable Functional Requirements
1.0
Business
Process
Number
D.1
D.2
2.0
Business
Process
3.0
Business Process
Description
Protective
Services
The process of tracking
and reporting individual
services provided when
abuse and/or neglect are
suspected
Education /
Prevention
Services
The process of recording
and tracking populationbased and consultationtype activities designed to
educate individuals and/or
the community, or
otherwise work to improve
health outcomes.
36
4.0
New System
Desirable
Functional Requirements
The new system should
include the capability of
capturing and reporting
data related to:
D.1.1 Adult Protective
Services
D.1.2 Child Protective
Services
D.1.3 Protective services
investigations
D.1.4 Incident
management
D.1.5 Abuse and neglect
reporting
The new system should
include the capability of
capturing and reporting
population-based data and
consultation/education-type
individual and community
activities related to the
following health
education/prevention
programs:
D.2.1 Alcohol and Drug
Prevention
D.2.2 Car Seat Safety
D.2.3 Early Childhood
Cavities Prevention
D.2.4 Family Medication
D.2.5 Gambling Prevention
D.2.6 Gang Prevention
D.2.7 Health Education
D.2.8 HIV Outreach and
Education
D.2.9 Parenting and Child
Development
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
1.0
Business
Process
Number
D.3
6.2
2.0
Business
Process
3.0
Business Process
Description
Civil
Commitment
The process of
conducting, recording and
tracking commitment
investigations and
recommendations
regarding individuals.
4.0
New System
Desirable
Functional Requirements
D.2.10 Suicide Prevention
D.2.11 Teen Pregnancy
Prevention
D.2.12 Tobacco
Prevention
D.2.13 Violence
Prevention
The new system should
include the capability of
capturing and reporting
data related to:
D.3.1 Court Orders
D.3.2 Commitment
Period(s)
D.3.3 Investigations
TECHNICAL SPECIFICATIONS
6.2.1 MANDATORY TECHNICAL SPECIFICATIONS
Lane County Information Systems Department has published mandatory technical
specifications for the COUNTY. Vendors must thoroughly describe how their proposed
solution meets, or does not meet, each of the following mandatory technical
specifications:
6.2.1.1
Application
6.2.1.1.1
Mandatory Application Interoperability and Interfaces
6.2.1.1.1.1 Vendors must acknowledge their proposed system is
able to run concurrently with COUNTY standard
workstation Windows applications (see Section 6.0,
Subsection 6.2.1.8.2, Table 6.2.1.8.2), subject to
processor and memory limitations.
6.2.1.1.2
Mandatory Data Access
6.2.1.1.2.1 All data for the proposed system should be directly
accessible from major industry standard data access
tools for potential use in reporting and integration
with other county systems. Vendors must describe
the proposed tools, system facilities, third-party
software utilities, or other technical means available
for access to the data in the proposed system.
37
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
6.2.1.1.3
Mandatory Data Integrity
6.2.1.1.3.1 Vendors must describe how their proposed system
application maintains the integrity of user data and
prevents data loss or corruption. Vendors must
discuss build-in editing functionality, e.g. how their
proposed system application validates user input
and uses formatter objects to ensure users enter
numbers and dates correctly.
6.2.1.1.4
Mandatory Graphical User Interface
6.2.1.1.4.1 Vendors must describe their proposed system
application graphical user interface and ease of
navigation, e.g. ease of use for both casual and
experienced users; consistency with basic keyboard
navigation models and free of unexpected shifts in
input focus and keystrokes required for a particular
task must behave in a predictable way; the same set
of actions must generate the same results each
time; navigation order must be logical; input focus
must be on the selected item only; users must be
able to select other options by using arrow keys.
Navigation between panes and views must be
logical and available via a keyboard, as well as a
mouse device.
6.2.1.1.5
Mandatory Keyboard User Interface
6.2.1.1.5.1 Vendors must describe if their proposed system
application provides full keyboard access to all
features, allowing users to perform the same tasks
as when using a mouse, such as drag-and-drop
operations. Vendors must acknowledge the
keyboard UI is documented in the User Manual
and/or available through online Help. Vendors must
describe how their application screens provide tool
tips on each control that conveys important
information for keyboard users, and that application
use of function and hot keys does not interfere with
Windows-supported keyboard and mouse
accessibility options, e.g. StickyKeys, FilterKeys,
ToggleKeys, and MouseKeys.
6.2.1.1.5.2 Vendors must describe the keyboard interface,
including the quickness and ease of their proposed
system application keyboard navigation - providing
simple keyboard navigation methods and
programmable, customizable shortcut methods for
common and repetitive tasks using commonly
38
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
recognized shortcut key assignments, such as
CTRL+C for Copy and CTRL+Z for Undo.
6.2.1.2
6.2.1.1.6
Mandatory Mouse User Interface
6.2.1.1.6.1 Vendors must acknowledge that their proposed
system provides a mouse-based user interface.
6.2.1.1.7
Mandatory WYSIWYG
6.2.1.1.7.1 Vendors must describe how their proposed system
application provides predictable output from
documents. For example, in applications in which
users can format data for printing, publish to the
Web, or write to film, DVD, or other formats, there
must be no significant differences between what
users see onscreen and what they receive in the
final output. When the user makes changes to a
document, the results must be displayed
immediately. Vendors should describe how their
proposed system makes use of preview functions,
where applicable.
Application Service Provider (ASP)
6.2.1.2.1
Mandatory Privacy of Lane County Data/HIPAA Compliance
6.2.1.2.1.1 The proposed system application must demonstrate
the technology infrastructure is in place to insure full
compliance with the Health Insurance Portability and
Accountability Act (HIPAA), including restrictions on
access among the H&HS programs and within each
program as appropriate and consistent with
COUNTY HIPAA policies. Vendors must explicitly
state their willingness to enter into a HIPAA
Business Associate Agreement with the COUNTY,
should they be the successful Vendor, as defined in
federal regulations and Chapter 4, Paragraph 2 of
the Lane County Administrative Policy Manual
(found in the Procurement Library).
6.2.1.3 Hardware
6.2.1.3.1
Mandatory Lane County Servers
6.2.1.3.1.1 The COUNTY’s client/server and web application
servers are managed by the Lane County
Information Services Department (LCIS). The
servers are housed in a secure computer facility run
by LCIS. The computer facility provides an
Uninterruptible Power Supply (UPS) and a backup
generator for COUNTY servers. UPS and generator
39
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
6.2.1.3.2
6.2.1.3.3
access will be available for proposed new hardware.
The existing COUNTY server infrastructure runs on
Hewlett Packard (HP), Compaq and International
Business Machines (IBM). Servers are backed up
by HP OmniBack, a common backup system used
for all servers supported by LCIS. This system will
be converted to Commvault Galaxy later this year.
Vendors shall acknowledge their proposed system
can successfully operate in this environment.
Mandatory Redundant Array of Independent Disks (RAID)
6.2.1.3.2.1 The disk system for all proposed servers must use
RAID with a hot spare. Vendors must describe the
minimum and recommended server specifications
and configuration for their proposed system,
estimating 210 total users and 135 concurrent users
across Lane County.
Mandatory Redundant Power Supplies
6.2.1.3.3.1 Vendors must describe their proposed system’s
redundant power requirements/supplies.
6.2.1.4 Network
The COUNTY uses a regional network, TCP/IP and Ethernet over Local Area Networks
(LANs) / Wide Area Networks (WANs). The network operating system is Windows 2003,
using Domain Name System (DNS) for address resolution and Dynamic Host
Configuration Protocol (DHCP) for address assignment. The back bone is Gigabit
Ethernet with most desktops connected at 100 megabits. There are remote locations
with 1.544Mb/s (T1’s), and DSL and Cable Modem packages with 1.2Mb’s down and
700Kb/s up.
6.2.1.4.1
Mandatory Electronic Mail Interface
6.2.1.4.1.1 If the proposed system interfaces to an existing user
electronic mail system, the interface must be
Messaging Application Programming Interface
(MAPI) or Simple Mail Transfer Protocol (SMTP)
compliant. Vendors must describe the interface of
their proposed system to an electronic mail system,
if applicable.
6.2.1.4.2
Mandatory Ethernet
6.2.1.4.2.1 Vendors must acknowledge their proposed system
runs satisfactorily on an Ethernet network.
6.2.1.4.3
Mandatory Internet Connection Bandwidth
6.2.1.4.3.1 The proposed system must be able to operate with
an Internet connection that is currently rate-limited to
11Mb/s. This 11 Mb/s connection is shared by 2,500
users. Vendors must describe the minimum and
40
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
6.2.1.4.4
6.2.1.4.5
6.2.1.4.6
recommended requirements for their system to
operate over the Internet.
Mandatory Mobile Device Remote Access Bandwidth
6.2.1.4.4.1 If the proposed system requires remote access from
a mobile workstation, it must perform satisfactorily
using current County 1 x Round Trip Delay Time
(RTT) technology (40 to 60 KB average). Vendors
must describe the requirements of their proposed
system’s remote access from a mobile workstation.
Mandatory TCP/IP
6.2.1.4.5.1 Vendors must acknowledge their proposed system
runs on a TCP/IP network.
Mandatory WAN Network Bandwidth
6.2.1.4.6.1 The County’s slowest Wide Area Network (WAN)
connected site is a Digital Subscriber Line (DSL) site
with 1.2Mb’s down and 700Kb/s up. There are four
(4) workstations on the remote end of this WAN
connection on a 100 megabit switched network.
Vendors must describe how their proposed system
is able to perform satisfactorily with this amount of
network throughput.
6.2.1.5 Security
Lane County’s current client/server environments use Windows authentication facilities
for application user ID and password to grant access permissions to applications.
Centralized security administration is currently provided by the Lane County Information
System (LCIS) support staff.
6.2.1.5.1
Mandatory Authorized User Access
6.2.1.5.1.1 Access to all components of the proposed system
shall be granted only to authorized users. Vendors
must describe the business rules related to access
to their proposed system.
6.2.1.5.1.2 Authorized users of the proposed system must be
identified by a user ID and password or another
means that provides equivalent or better security.
Vendors must describe the business rules related to
authorizing users of their proposed system.
6.2.1.5.2
Mandatory Internet Security
6.2.1.5.2.1 If the proposed system connects to the Internet, an
industry accepted level of encryption must be used
for data transmissions. Vendors must describe the
encryption methods used by the proposed system
41
Lane County Oregon
RFP # H&HS.20277
Issued: January 23, 2007
and other security features in the Internet
component of the proposed system.
6.2.1.5.3
Mandatory Password Security
6.2.1.5.3.1 The proposed system must not transmit user ID’s or
passwords in clear text. Vendors must describe how
the proposed system transmits user IDs.
6.2.1.5.4
Mandatory Remote Access
6.2.1.5.4.1 If the system resides in Lane County’s secure
computer facility and remote access to the system is
required, access will be provided through a Virtual
Private Network (VPN) with two (2) factor
authentication. Vendor proposals must describe the
Vendor’s need for remote access to Lane County’s
facility and what security methods and standards the
Vendor uses for remote access.
6.2.1.5.5
Mandatory Web Page Security
6.2.1.5.5.1 Vendors must describe how unauthorized users are
prevented from accessing web pages of the
proposed system.
6.2.1.6 Server Software
6.2.1.6.1
Mandatory Operating System Patching and Updates
6.2.1.6.1.1 Vendors must describe how their proposed system
will permit operating system patching and updates,
and allow for a system restart when a patch or
update requires it.
6.2.1.6.2
Mandatory Server Operating System
6.2.1.6.2.1 The proposed system must be able to operate on
Microsoft Windows 2003 Server with Service Pack 1.
Vendors must describe the recommended server
operating system for the proposed system, if
different from MS Win 2004, SP1.
6.2.1.6.3
Mandatory Systems Management and Monitoring
6.2.1.6.3.1 Vendors must describe how the proposed system
will cooperate satisfactorily with Microsoft Systems
Management Server and Microsoft Operations
Manager, as well as with HP, Compaq and IBM
hardware management agents.
6.2.1.6.4
Mandatory Web Server Software Version
6.2.1.6.4.1 Vendors must describe if their proposed system will
be able to operate on Microsoft Internet Information
Server, version 6.
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6.2.1.6.4.2
6.2.1.6.5
6.2.1.6.6
6.2.1.7 Support
6.2.1.7.1
Vendors must describe the recommended
requirements for Web server software for their
proposed solution.
Mandatory Antivirus Protection
6.2.1.6.5.1. Vendors must describe how their proposed system
will cooperate satisfactorily with the COUNTY’s
current antivirus software and permit automatic
antivirus definition updates. The current antivirus
software is Trend Server Protect. Vendors should
site example(s) where the proposed software is
operational today on a network utilizing this antivirus
software.
Mandatory Backup
6.2.1.6.6.1 Vendor systems that are located in the COUNTY
computer facility and managed by the COUNTY for
backup and recovery are required to utilize the Lane
County Back-Up Facility. Lane County will use the
following backup system: CommVault SW, EMC
SAN with an ADIC tape library.
Mandatory System Availability and Redundancy
6.2.1.7.1.1 Vendors must describe how the proposed system
application will be available and supported 0800 until
1700 PST, Monday through Friday. Service
provided by an ASP must have a fail-over system.
6.2.1.8 Workstation
6.2.1.8.1
Mandatory Minimum Workstation
6.2.1.8.1.1 Vendors must describe if their software operates
satisfactorily on the minimum requirements for a
workstation operating in the COUNTY, as set forth in
the following Table:
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Table 6.2.1.8.1 Minimum COUNTY Workstation Specifications
WORKSTATION
SOFTWARE
Antivirus
Antispy
Desktop Management
File Compression
PDF Reader
Office Suite
E-mail
6.2.1.8.2
REQUIREMENT
McAfee VSE 8.0I with Port 25 Blocking
Spybot Search & Destroy, Ad Aware
LANDesk 8.7 with Security Suite
Winzip 8
Adobe Acrobat Reader version 7.X
Microsoft Office 2000, XP, and 2003
Microsoft Outlook 2000, XP, 2003
Mandatory Workstation Software Image
6.2.1.8.2.1 Vendors must describe if their proposed software
operates satisfactorily on workstations that meet the
following mandatory requirements for workstation
software in the COUNTY, as set forth in the following
Table:
Table 6.2.1.8.2 Mandatory COUNTY Workstation Software
ITEM
Processor Speed
RAM
Free Storage Space
Operating System(s)
Internet browser
MDAC level
SQL client
Video display
Video adapter
Display settings
USB ports
Floppy drive
CD-ROM drive
Network interface
6.2.1.8.3
REQUIREMENT
1.4 GHZ
256MB
3GB
Windows 2000 Sp4 or Windows XP Sp2
Internet Explorer 6 Sp1 (only)
2.8
MS SQL Client v.2000 Sp3 or higher
17” CRT or LCD single monitor
2MB memory
800 X 600 Resolution
2 ports running 1.1 speed USB
1.44 MB 3.5” drive
32X Speed CD without write capability
Ethernet 10/100MB running TCP/IP
Mandatory Existing Workstations
6.2.1.8.3.1 Vendors must describe how their proposed system
operates satisfactorily on COUNTY workstations that
meet minimum COUNTY specifications described in
Sections 6.2.1.8.1 and 6.2.1.8.2 above. Vendors
should indicate if upgrades to COUNTY
specifications for workstations are recommended to
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better run their proposed system software, e.g.
additional RAM.
6.2.1.8.4
Mandatory Workstation Operating System
6.2.1.8.4.1 Vendors must state if their proposed system can be
operated on workstations utilizing the following
mandatory workstation operating system(s):
Windows 2000, Sp4 or Windows XP, Sp2.
6.2.2 DESIRABLE TECHNICAL SPECIFICATIONS
6.2.2.1
Application
6.2.2.1.1
Desirable Application Interoperability and Interfaces
6.2.2.1.1.1 Vendors should state if the proposed system
provides a browser interface for regular department
employee use, and if it supports Internet Explorer v6
Sp1 or later.
6.2.2.1.2
6.2.2.1.1.2
Vendors should describe if the proposed system
provides integration with other applications, and if it
makes use of Service Oriented Architecture.
6.2.2.1.1.3
Vendors should describe if the proposed system
provides interfaces with other applications, and if
that web services will be available for use.
Desirable Graphical User Interface
6.2.2.1.2.1 Vendors should describe how their proposed system
does not present a user with functions that security
will prohibit them from performing, e.g. such
functions should not be displayed or should be
disabled (grayed out).
6.2.2.1.2.2
Vendors should describe how their proposed system
wording can be easily understood and difficult to
misunderstand.
6.2.2.1.2.3
Vendors should describe how their proposed system
object behavior is consistent and uses a limited set
of window controls, e.g. if the same controls appear
on multiple displays, they should be located in the
same place and work in the same way.
6.2.2.1.2.4
Vendors should describe if default values are
provided for enterable fields, whenever possible.
This includes defaulting user ID fields to the
currently signed-on user, department fields to the
current user’s department, and date fields to the
current date, when appropriate.
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6.2.2.1.2.5
6.2.2.1.3
Desirable Accessibility and Assistive Technology
6.2.2.1.3.1 Vendors should describe if their proposed system
application provides an option to present images and
animated content in an alternate manner and the
ease of replacing audio communication with visual
communication. Vendors must describe how the
proposed system allows individuals to control their
computers through means other than a standard
keyboard or pointing device, e.g. alternative
keyboards, electronic pointing devices, joysticks,
trackballs, touch screens, Braille embossers, and/or
speech/voice recognition programs.
6.2.2.1.3.2
6.2.2.1.4
Vendors should describe if their proposed system
error messages state the problem(s) clearly, offer
possible solutions and allow the Vendor or local staff
to diagnose the problem(s).
Vendors should describe their proposed systems in
relation to color, e.g. should not be the sole means
used to convey or differentiate information.
Desirable Data Entry
6.2.2.1.4.1 Vendors should describe if their proposed system
application presents users with tools that are
relevant in the current context, eliminating or
disabling irrelevant tools. It should use progressive
disclosure to reveal information as it is needed and
give users the option to hide information they don’t
consider useful. Vendors must describe if their
proposed system application contains intelligent
default settings and supports linear extended and
two-dimensional extended selection, autocompletion and an audio option to all visual cues
and feedback.
6.2.2.1.4.2
Vendors should describe how their proposed system
provides the capability to identify individual table
entries as expired and no longer usable in the entry
of new records, but are still valid for display of
existing records.
6.2.2.1.4.3
Vendors should describe proposed system
functionality related to drop-down table entries. For
example, it should be possible to select items in a
list by clicking on the desired choice or typing as
much of the item description as is needed to
uniquely identify it (similar to the Microsoft Outlook
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address book). It should be possible to type an
exact value into a table-validated field.
6.2.2.1.5
6.2.2.1.4.4
Vendors should describe how their proposed system
works as the user moves from one screen to the
next, carrying along key data to minimize re-entry
and mistakes.
6.2.2.1.4.5
Vendors should describe how database columns can
be validated by checking entered values against a
list of valid values maintained in tables by COUNTY
or service provider personnel.
6.2.2.1.4.6
Vendors should describe the use of abbreviations in
Table structures, e.g. use of abbreviations that also
displays clear descriptions of the information they
represent that are intelligible to a casual user of the
proposed system. The proposed system should not
display codes that are meaningless or abbreviations
so short as to be meaningless.
6.2.2.1.4.7
Vendors should describe how the proposed system
provides the capability for defined COUNTY user
groups to configure custom data validation rules to
meet specific needs.
Desirable Data Exchange
6.2.2.1.5.1 Vendors should describe how the proposed system
application is interoperable with other Windows
applications, supports Dynamic Data Exchange,
supports saving data in industry-standard file
formats, uses standard protocols for data
interchange, such as XML, and provides data import
and export capabilities.
6.2.2.1.5.2
6.2.2.1.6
Vendors should describe if the proposed system
allows importing of files for mass-loading of data,
and if it does, that it accept standard delimited types
that can be generated by Excel or other data tools
(ex. .CSV files).
Desirable Application Configuration
6.2.2.1.6.1 Because users’ abilities and preferences vary, users
should be able to configure aspects of the interface.
However, the application should provide good
defaults and should minimize the need for
configuration. A user’s configuration should be in
effect no matter what workstation they use to access
the proposed system. Vendors should describe the
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user interface configuration capabilities that are
provided with the proposed system, including any
ability to provide customization for groups or
individual users.
6.2.2.2
Database
6.2.2.2.1
Desirable Data Access
6.2.2.2.1.1 The DBMS for the proposed system should be MS
SQL Server. Vendors should state the DBMS of
their proposed system.
6.2.2.2.2
6.2.2.3
Security
6.2.2.3.1
Desirable Back-end (Database) Conversion
6.2.2.2.2.1 Vendors should describe if the proposed system
makes use of a standard database back-end, e.g.
SQL Server, that the data tables allow insertion of
data from a third party tool, e.g. Digital
Transformation Services (DTS), for at least basic
setup of tables or synchronization points, e.g. vendor
lists, contacts, etc.
Desirable Authorized User Access
6.2.2.3.1.1 It should be possible to assign supervisor approval
authorization to system reports and possibly other
activities in the system. Once a report has been
approved, it should not be possible for a user to
update or delete it without further supervisor
approval. Vendors should describe approval
authorities supported in their proposed system.
6.2.2.3.1.2
A user can logon to the proposed system
simultaneously at more than one workstation.
Vendors should describe their proposed system’s
functionality in this arena. Can more than a single
user access the same individual record
simultaneously on the proposed system?
6.2.2.3.1.3
The proposed system should disable a user account
if a defined number of unsuccessful logon attempts
are made within a defined time period. Vendors
should describe the built in business rules affecting
unsuccessful logon attempts for their proposed
system.
6.2.2.3.1.4
If the proposed system is to reside in Lane County’s
secure computer facility, the proposed system
should use Microsoft’s Active Directory for user
authentication and authorization. Vendors should
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describe the certification/ authentication their
proposed system supports.
6.2.2.3.1.5
6.2.2.3.2
The proposed system should support the current
COUNTY standard of an eight or nine-character
alpha or alphanumeric user ID. Vendors should
describe the rules for User ID format.
Desirable Password Security
6.2.2.3.2.1 Vendors should describe how their proposed system
allows users to change their passwords.
6.2.2.3.2.2
Vendors should describe how their proposed system
provides the capability to establish a user account
that requires the password be changed the next time
the user logs on.
6.2.2.3.2.3
Vendors should describe how their proposed system
provides the capability to set rules for password
strength. Does the proposed system allow users to
reuse recent passwords?
6.2.2.3.2.4
Vendors should describe how their proposed system
provides the capability to expire user passwords
after a set time period.
6.2.2.3.2.5
The password field support alphanumeric values at
least eight (8) characters long. Vendors should
describe their proposed system’s password format
and whether or not the COUNTY can specify the
minimum password length.
6.2.2.3.3
Desirable Application Function Security
6.2.2.3.3.1 Vendors should describe how their proposed system
limits access to individual system functions and
reports to authorized users.
6.2.2.3.4
Desirable Audit of User Activity
6.2.2.3.4.1 Vendors should describe how their proposed system
provides the capability to track (audit) user activity.
6.2.2.3.5
Desirable Data Stored on Portable Workstations or Hand Held
Data Devices
6.2.2.3.5.1 Protected information stored on a portable
workstation or hand held data device should use an
industry standard level of encryption. Vendors
should describe how data is protected on portable
workstations or hand held data devices, e.g. a
Personal Digital Assistant (PDA) or Universal Serial
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Bus (USB) Flash Drive. Include encryption methods
used in the proposed system.
6.2.2.3.6
Desirable Inactivity-Based Logoff
6.2.2.3.6.1 Vendors should describe how their proposed system
automatically logs users off of the application
running on a workstation after a defined period of
inactivity on that workstation.
6.2.2.3.7
Desirable Intranet Security
6.2.2.3.7.1 If the proposed system application is intended for
use on an Intranet, Lane County can provide a
secure environment for running the proposed
system. Vendors should describe the security
features provided in the Intranet component of the
proposed system.
6.2.2.4
Server Software
6.2.2.4.1
Desirable Web Server Software
6.2.2.4.1.1 Any web application components of the proposed
system should use .NET 2 framework. Vendors
should describe their proposed solution’s web
application component language, if different from
this.
6.2.2.5
Support
6.2.2.5.1
Desirable Support of Production Environment
6.2.2.5.1.1 Vendors should describe how the proposed system
application is available 24x7, supported 0800 until
1700 PST, Monday through Friday.
6.2.2.5.2
Desirable Application Distribution
6.2.2.5.2.1 Vendors should describe how the proposed system
software can be automatically updated, e.g. new
versions, from the server to workstations.
6.2.2.5.3
Desirable Test Environment
6.2.2.5.3.1 Vendors should describe their approach and
proposed methodology related to the test
environment so COUNTY users can test new
versions of the proposed system without affecting
the production environment. A description and
diagram of the test environment that can be used for
system equipment and software testing, testing of
integration with other systems, and testing of local
customization without affecting the production
environment should be provided. The test
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environment may have a slower processor and less
memory than the proposed production environment
but needs to be essentially identical to the
production environment of the proposed system,
including server equipment configuration. Please
include the brand and model and recommended
processor, memory and disk space for each test
server. If a test environment with local test servers
is not proposed, describe the alternative test
environment.
6.2.2.5.4
Desirable Training Environment
6.2.2.5.4.1 Vendors should describe their approach and
methodology for user training on the proposed
system without affecting the production system’s
data. Any actions in the test environment must not
affect the availability of the training environment.
However, the training environment may share
hardware used by the production or test
environment.
6.2.3 REQUESTED TECHNICAL INFORMATION
Vendor proposals should address the components labeled “Requested Information” to
the best of their ability.
6.2.3.1
Application
6.2.3.1.1
Requested Information Relative to Interoperability and
Interfaces
6.2.3.1.1.1 Vendors should describe any known dependencies
on specific versions of any workstation operating
system objects and any known incompatibilities
between the proposed system and other commonly
used workstation software.
6.2.3.1.2
Requested Information Relative to Application Configuration
6.2.3.1.2.1 Vendors should describe the ways in which the
proposed system can be configured by individual
local users or COUNTY IT staff.
6.2.3.1.2.2
Vendors should describe how workflow can be
configured by authorized users. Workflow elements
may include, but are not limited to, report initiation,
report validation, report approval and report
distribution.
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6.2.3.1.3
6.2.3.2
Requested Information Relative to Application Licenses
6.2.3.1.3.1 Vendors should provide cost information for all
server and workstation application licenses for users
for both the production and test environments.
Application Service Provider (ASP)
6.2.3.2.1
Requested Information Relative to Application Environment
6.2.3.2.1.1 Vendors should provide a proposed architecture
document that includes a network diagram of the
application environment. The document and
diagram should show any relationship between the
application environment and any other relevant
networks, and include details on where the
COUNTY’s data will reside.
6.2.3.2.2
Requested Information Relative to Data Transfers
6.2.3.2.2.1 Vendors should describe the formats that are
expected to be supported by the service provider for
data extract import/export?
6.2.3.2.3
Requested Information Relative to Employee Background
Checks
6.2.3.2.3.1 Vendors should describe their process for
performing background checks on potential
employees?
6.2.3.2.4
Requested Information Relative to Lane County User ID’s
6.2.3.2.4.1 The COUNTY does not provide a Vendor internal
usernames and passwords for account generation.
With that restriction, Vendors should describe how
they will authenticate users (e.g., LDAP, Client
certificates)? If Vendors need to setup an account
for a COUNTY user, how will the user ID and
password be transmitted back to COUNTY
personnel? Vendors should describe how accounts
are terminated when they are no longer needed.
6.2.3.2.5
Requested Information Relative to Physical Security
6.2.3.2.5.1 Vendors should describe the physical security
measures in place at Vendor’s facility or facilities,
e.g. if proposing hosting services, will the proposed
systems to be used for the COUNTY data storage
and data processing be located in an access
controlled room?
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6.2.3.2.6
Requested Information Relative to Public Key Infrastructure
6.2.3.2.6.1 Vendors should describe in some detail if Public Key
Infrastructure (PKI) is used in securing data
transmissions and data storage, e.g. use of external
provider, i.e. VeriSign, or in-house developed
infrastructure.
6.2.3.2.7
Requested Information Relative to Privacy of Lane County
Data/HIPAA Compliance
6.2.3.2.7.1 Vendors should describe how data will be
transferred between Lane County and Vendor’s
facility, e.g. will an extranet connection between
Vendor facility and Lane County be required?
6.2.3.2.7.2
6.2.3.2.8
Requested Information Relative to Protecting Lane County
Data
6.2.3.2.8.1 Vendors should describe the safeguards/security
features in place to protect the COUNTY’s data. Are
Redundant Array of Independent Disks (RAID)
configurations used for storage systems? If so, what
RAID levels are used?
6.2.3.2.8.2
6.2.3.3
Vendors should describe Vendor process and
procedures for data auditing and security quality
assurance testing as it applies to HIPAA compliance,
e.g. testing of authentication, authorization and
auditing functions, as well as any other activity
designed to validate the security architecture.
Vendors should describe how often full and
incremental data backups are performed, as well as
retention policies for backup media? If backup
media is transferred off site, is the media encrypted
with an industry accepted level of encryption, and if it
is encrypted, what method of encryption is used?
Database
6.2.3.3.1
Requested Information Relative to Security Patches
6.2.3.3.1.1 Vendors should describe their policy for applying
security patches?
6.2.3.3.2
Requested Information Relative to System Monitoring
6.2.3.3.2.1 Vendors should describe the processes for
monitoring the integrity and availability of the
proposed system(s) the County will use for data
storage and processing.
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6.2.3.3.3
6.2.3.4
6.2.3.5
6.2.3.6
6.3
Network
6.2.3.4.1
Support
6.2.3.5.1
Requested Information Relative to Database Documentation
6.2.3.3.3.1 Requests for system documentation from the
successful Vendor may include Entity Relationship
Diagrams for the database and a definition of the
purpose and content of each table and data element.
Vendors should describe any prerequisites the
company has for releasing this information.
Requested Information Relative to Network Bandwidth
6.2.3.4.1.1 Vendors should indicate the available network
bandwidth required for each active user, or the
bandwidth required for a given number of users.
Requested Information Relative to Production Environment
6.2.3.5.2
Vendors should provide a description and diagram of
the recommended production server configuration
for the proposed system.
Workstation
6.2.3.6.1
Requested Information relative to Monitor Resolution
6.2.3.6.1.1 Vendors should indicate the minimum required and
recommended workstation monitor resolution for the
proposed system. Vendors should also indicate the
minimum required and recommended workstation
video card specifications.
BUSINESS SPECIFICATIONS
6.3.1 PROJECT MANAGEMENT SERVICES
Approach and Methodology. Vendors shall provide Project Management
services for the Project. Vendor proposals shall include a description of the
approach and methodology they are proposing to use to manage the project and
complete the work. At a minimum, project strategy, project planning, approach to
project tasks, proposed communication methodologies and frequency, change
management, configuration management and proposed quality assurance tactics
shall be included in the description. Quality assurance must include a clear
description of the internal testing Vendors will conduct to certify their software is
ready for User Acceptance Testing by the COUNTY.
Pertinent Issues. In Vendor proposals, issues pertinent to this undertaking must
be outlined and a methodology must be defined for producing the desired results.
For each issue identified, Vendors must detail key elements of the problem and
the manner in which they will approach resolution. Project Management Institute
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(PMI) methodologies or other comparable project management methodologies
should be employed when managing the project.
Project Manager. Vendor proposals will identify a proposed Project Manager to
manage the Project. Vendor proposals must state the percentage of time the
Vendor Project Manager will be dedicated to this project.
Cooperation with Independent Verification and Validation Contractor. The
COUNTY may contract for Independent Verification and Validation services to
assist it in the oversight and quality assurance activities of the project. Should
that be the case, the successful Vendor shall cooperate fully with the IV&V
contractor. Vendor proposals shall indicate that cooperation with an IV&V
contractor, should they be the successful contractor.
6.3.1.1
Project Management Deliverables
For purposes of preparing proposals, Vendors should consider the
following project deliverables the successful contractor shall be
required to produce:
Project Plan and Schedule. The successful Vendor will be required
to produce a Project Plan within the first thirty (30) days of
engagement. The Project Plan will be a mutually agreed upon
document, maintained and updated as needed by the Vendor, that
delineates project deliverables, installation schedules and responsibilities
of both the Vendor and the COUNTY in relation to the project. The
format of the Plan will be approved by the COUNTY prior to
development. It will include standard project management activities,
such as project communication, issue and risk management, change
control management, configuration management, quality assurance
and status reporting. The Project Plan will include the completion of a
Work Breakdown Structure, leading to the Project Schedule that
delineates all detailed tasks to be performed, the timeframe for
completion of each task, resource(s) for each task and occurrences of
milestone activities. No task will exceed more than eighty (80) hours in
the Project Schedule.
Project Status Reports. The successful Vendor will be required to
produce bi-weekly (twice a month) Project Status Reports. The format of
the reports will be agreed upon by the COUNTY and the Vendor prior to
the submittal of the first report. At a minimum, the Project Status
Reports will include the following topics:





Executive Summary
Activities Completed This Period
Project Milestones and Completion
Activities Scheduled Next Period
Project Issue Log (following industry standards)
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 Project Risk Log (following industry standards)
 Change Management Log (following industry standards)
 Updated Project Schedule
Project Library. The successful Vendor will be required to maintain
the official project library of all documents and communications related
to the project.
Project Meetings. The successful Vendor will be required to plan and
lead regularly schedule project meetings with COUNTY managers.
The vendor will prepare an agenda for each meeting and document
and distribute meeting minutes following each meeting.
Reports to Project Steering Committee. The successful Vendor will
be required to make presentations and deliver reports to the Project
Steering Committee and others from time to time, as requested, e.g. on
average once a month during the duration of the project.
6.3.1.2
Project Organization
Vendor proposals must include a project organization chart and clearly
describe, at a minimum, the key roles for the project. Vendor
proposals must include an adequate level of proposed staffing to
ensure the successful completion of the project. All individuals
proposed should possess the necessary skills and certifications for the
roles they are filling. Experience narratives and resumes of key
personnel are required in Section 6.3.9 later in this RFP.
Vendor proposals must include a description of key COUNTY project
roles and an estimate for each role of the time commitment required
during each milestone activity to successfully complete the project.
6.3.1.3
High Level Work Plan
Vendor proposals must include a High Level Work Plan for the
implementation of the proposed system based upon the description of
the project in this RFP. The Work Plan shall be presented in Microsoft
Project 2000 or later, and include, at a minimum:
6.3.1.3.1 Task Level. The Work Plan must include the major
activities necessary for a successful implementation of the proposed
software solution down to the task level. Vendor proposals must allow
the COUNTY a minimum of ten (10) working days to review and
approve each Vendor deliverable. The Vendor shall fully describe the
responsibilities expected of the County. These should address
expectations for technical or administrative products or tasks and
hardware or software to be supplied.
6.3.1.3.2 Resource Identification. The Work Plan must clearly
identify Vendor (including subcontractors) and COUNTY resources
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required to successfully complete the implementation of the proposed
software solution across the COUNTY.
Vendors must provide job descriptions and the number of Vendor
personnel to be assigned to the customization (if applicable), data
conversion, interface development, testing, installation, implementation,
operation and maintenance (for the first 12 months of operation) of the
software. Vendors shall fully describe the responsibilities expected of
the COUNTY. These should address expectations for technical or
administrative products or tasks and hardware or software to be
supplied.
6.3.1.3.3 Gantt Charts. The Work Plan must include appropriate
Gantt Charts that reflect the proposed schedule and all major
milestones.
6.3.1.4
Approach and Methodology to Risk Management
Vendor proposals must include a high level risk assessment using the
methodology published by the Project Management Institute (PMI) or
other comparable methodology. Vendors must briefly describe their
approach to risk assessment and risk reduction and the methodology
used, if other than the PMI methodology. The Risk Assessment must
include risk mitigation strategies, as well as recommended resources
the COUNTY might utilize to reduce risk.
6.3.2 CUSTOMIZATION SERVICES
The successful Vendor may be requested to customize their proposed software
to more closely meet the requirements of the COUNTY. Vendor proposals must
include a description of the approach and methodology they will utilize if
customization services are requested by the COUNTY.
Earlier in this RFP, Vendors described the extent to which their proposed
software meets or does not meet the COUNTY Mandatory Functional
Requirements and Desirable System Functionality. Vendors may select to
partner with software developer(s) that support the mandatory and/or desirable
functionality not supported in the Vendor software. If Vendors choose to modify
their base software to meet all of the mandatory requirements their proposed
software does not meet, Vendor proposals must include the following:
6.3.2.1 Effort to Customize to Meet Mandatory Requirements.
Vendor proposals will identify and describe the effort, if applicable,
required to modify the base system to meet all the mandatory
functional requirements set forth in Section 6.1.1.
6.3.2.2
Effort to Customize to Meet Desirable Functionality.
Vendor proposals should identify and describe the effort required, if
applicable, to modify the base system to meet all the desirable
functional requirements set forth in Section 6.1.2.
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6.3.3 DATA CONVERSION SERVICES
For the purpose of preparing proposals, Vendors are to assume that some data
file conversion will be required. Vendors will be required to convert data from
three (3) of the current COUNTY systems, including:
 Health Services Client Tracking System (HSCTS)
 Communicable Database (CD)
 Oregon Community Health Information Network (OCHIN)
Additional information about each of these systems can be located in Section
9.0, Appendix H.
6.3.3.1
6.3.3.2
Vendor proposals must include a clear description of their approach
and methodology they will use to complete conversion of data from
three (3) COUNTY systems.
Vendors proposals must include a brief description of their expertise
and experience successfully converting data in similar projects.
6.3.4 INTERFACE SERVICES
Vendor proposals shall include a clear description of the approach, strategy and
methodology proposed when developing interfaces between current systems
identified by the COUNTY and their proposed software solution. Vendors shall
describe any industry standard(s) in their proposed software related to the
exchange of health data, e.g. Health Level 7 (HL7) compliant interface feature.
For the purpose of preparing proposals, Vendors shall assume the system
interfaces to the following seven (7) systems will be required for the
implementation of the proposed software solution:







AHLERS Interface
HIPAA 837 Transaction Interface
OHP Eligibility Interface
Minimum Data Set (MDS) Interface
Immunization Interface
Communicable Disease - Epidemiology Interface
Views Interface
Additional details related to each interface can be found in Section 9.0, Appendix
I of this RFP.
6.3.4.1
6.3.4.2
Vendor proposals shall include a description of the approach and
methodology Vendors will utilize to complete interfaces with these
seven (7) systems.
Vendor proposals shall include a description of their expertise,
capability and experience developing successful software interfaces
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and creating specific algorithms that provide “value” equivalencies
between information contained in historical data/files and the new
data/files where the information was or has been generated from
different sets of state standards, different sets of assessments, different
sets of software or different sets of calculations.
Each interface will require the successful Vendor to complete an analysis and
develop and submit an Interface Plan, Design and Testing Specifications
document that will be approved by the COUNTY prior to the initiation of any
interface programming.
6.3.5 IMPLEMENTATION SERVICES
Vendor proposals shall include a description of the implementation services they
propose to provide in support of the installation and deployment of their proposed
software. Vendor proposals shall include a High Level Implementation Plan.
The proposed Implementation Schedule should be included in the High Level
Work Plan described in Section 6.3.1 of this RFP.
6.3.5.1 Configuration Support Services
Vendors will be required to provide configuration support services during the
installation of their proposed software solution. Vendor proposals shall include a
description of their approach to software configuration. Included in that
description will be the process Vendors will utilize to provide these services.
6.3.5.2 Testing Support Services
Vendors will be required to support the COUNTY during the Acceptance Testing
phase of the project. Vendor proposals shall include a description of the level of
the support they will provide to the COUNTY during end user testing.
6.3.6 TRAINING SERVICES
Vendor proposals shall include a description of the trainings that will be required
to provide user and technical training on their proposed software. The COUNTY
intends to employ a train-the-trainer approach, where appropriate. For purposes
of preparing proposals, Vendors are to assume 215 COUNTY and service
provider personnel will require user training and between two (2) and four (4)
COUNTY personnel will require technical training, e.g. system administrator.
Training will be provided by the successful Vendor in a single location in Eugene,
Oregon. Vendor proposals must include a description of two (2) types of training,
as follows:
6.3.6.1
User Training
Vendor proposals must include a clear description of their approach,
training techniques, resources and materials they propose to utilize to
support user training on the proposed system for COUNTY and service
provider personnel. Vendors must acknowledge they support an up-to-
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date User Manual for their proposed software that supports on-going
training of COUNTY personnel.
For the purpose of preparing proposals, Vendors are to assume that
215 users will need to be trained in detail on the use of the system.
6.3.6.2
Technical Training
Vendor proposals must include a clear description of their approach,
training techniques, resources and materials they propose to utilize to
support the technical administration of the proposed system for
COUNTY system administrators and technical personnel. Vendors
must acknowledge they support an up-to-date Technical Maintenance
and Operating Procedures Manual for their proposed software,
including back-up and disaster recovery procedures.
For the purpose of preparing proposals, Vendors are to assume that a
minimum of two (2) and a maximum of four (4) COUNTY technical
personnel will need to be trained as system administrators.
The successful Vendor will be required to develop and submit a
Detailed Training Plan and Schedule that will be approved by the
COUNTY prior to the initiation of training.
6.3.7 SYSTEM DOCUMENTATION
Vendor proposals must describe the system documentation maintained for the
proposed software solution, including the frequency of Vendor updates to the
documentation. The successful Vendor will be required to provide up-to-date
system documentation to the COUNTY during the period of time the COUNTY
has a software license agreement with the Vendor.
6.3.8 CORPORATE QUALIFICATIONS AND REFERENCES
Vendor proposals shall include Company Qualifications and References that
include, but are not limited to, the following information:
6.3.8.1
Vendor proposals must include in their company description at least
the following information: business focus and corporate structure
(including mergers and acquisitions), years of operation, location(s),
general size either in revenue or personnel, number and types of
clients, e.g. government, private sector. In addition, Vendor proposals
must describe their largest client, number of concurrent users and
number of multiple sites.
6.3.8.2
A clear, concise description, in the form of a narrative, of the Vendors
experiences and successes, as well as the experiences and
successes of major subcontractors (if applicable), in providing a
system similar to the one proposed for the COUNTY.
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6.3.8.3
Three (3) external corporate references for the prime Vendor and one
(1) corporate reference for each major subcontractor, (e.g. provider of
implementation services), from clients who received similar services
and are willing to validate the Vendor’s (and subcontractor’s)
performance on similar projects.
At least one (1) of the references for the prime Vendor must be from a
site where the base system proposed by the Vendor has been
installed and is in current operation. The minimum information that
must be provided for each reference includes:
6.3.8.3.1 Name of individual, company or government entity where
services were provided
6.3.8.3.2 Address of individual, company or government entity
6.3.8.3.3 Name of current contact person
6.3.8.3.4 Telephone number of current contact person
6.3.8.3.5 E-mail address of current contact person
6.3.8.3.6 Description of the products and services provided
6.3.8.3.7 Dates products and services were provided
Company financial documents are NOT required as a part of the proposal, but
the COUNTY reserves the right to require financial information of finalists that
describes the financial condition of the prime Vendor and any proposed
subcontractor(s). Finalists may be required to provide audited annual financial
statements (including Balance Sheet, Statement of Income and Changes in
Retained Earnings, Statement of Changes in Financial Position, and Footnotes)
dated within the last fifteen (15) months, or a certified true copy of federal income
tax return for the last fiscal year.
6.3.9 KEY PERSONNEL EXPERIENCE AND REFERENCES
Vendor proposals shall identify and include experience narratives and resumes
of key personnel who will be assigned to the project, if awarded the contract.
Key personnel include, at a minimum, the project manager, lead (appearing onsite) technician(s) and lead trainer(s). They may be the Vendor’s employees or
employees of subcontractor(s). The documented experience should specifically
include a description of their work supporting the implementation of similar
projects.
A minimum of three (3) references must be included for the proposed project
manager. The COUNTY reserves the right to approve all individuals assigned to
this project.
6.3.10 SOFTWARE MAINTENANCE SERVICES
Vendors must describe their approach to software maintenance services,
including the pricing structure. Vendor proposals must describe the frequency of
planned system upgrades, patches and software versions.
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Vendor proposals must describe the level of on-going support provided, including
established service levels, e.g. 24x7 help desk support, meeting frequency and
leadership of user groups and user conferences, etc.
Vendors must include a copy of their software maintenance agreement in their
proposals. The software maintenance agreement should not conflict with the
terms of this RFP.
6.4
VALUE-ADDED SERVICES
Vendors are encouraged, but not required, to propose any optional value-added
service(s) they believe would help the COUNTY effectively implement, operate
and/or utilize the proposed system.
6.4.1 HOSTED OPERATION (OPTIONAL)
The COUNTY may consider the option of using a fully hosted operation and
maintenance of the proposed system in a secure environment. Vendors may
include in their proposals an offer to provide a hosted operation. If proposed,
the following information shall be included:
6.4.1.1. Vendors should state their operational performance guarantee.
6.4.1.2
Vendors should describe the facility where the system will be hosted,
including the physical facility, hardware and software configurations,
and network architecture.
6.4.1.3
Vendors should describe their ability to handle peak loads at higher
than normal collection and reporting times.
6.4.1.4
Vendors should describe their routine back-up and their business
continuity/disaster recovery plans and procedures.
6.4.1.5
Vendors should describe their physical and logical security safeguards.
6.4.1.6
Vendors should describe their reliability to insure data availability and
integrity.
6.4.1.7
Vendors should describe their data reporting tools and ad hoc reporting
capacity.
6.4.1.8
Vendors should describe their storage capacity and ability to expand
the capacity (scalability) to meet data population growth over time.
6.4.1.9
Vendors should describe how routine maintenance and system
upgrades will be supported and how the infrastructure and systems are
tuned for optimal performance.
6.4.1.10 Vendors should describe if a testing environment is offered to test
product customizations and configurations.
6.4.1.11 Vendors should state their maximum storage capacity and bandwidth
allowance per customer.
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6.4.1.12 Vendors should describe their hosting facility personnel and customer
service.
6.4.1.13 Vendor proposals should include a Service Level Agreement that
guarantees operational performance, as well as other procedures
governing the operation of the proposed system in a Hosted Facility.
6.4.1.14 Vendors should include a copy of their hosting agreement in their
proposals.
6.4.2 BILLING SERVICES (OPTIONAL)
The COUNTY may consider the option of using clearinghouse/billing services to
submit claims to its payer community. Vendors may include in their proposals an
offer to provide billing services. If proposed, at a minimum, the following
information shall be included:
6.4.2.1 High level description of Vendors proposed billing services.
6.4.2.2
Description of the capability of processing electronic claim submissions
for COUNTY service providers.
6.4.2.3
Acknowledgement of compliance with the Health Insurance Portability
and Accountability Act (HIPAA). Billing services must use the HIPAAtranslatable Expanded National Standard Format (NSF) version T0301,
Expanded UB92 version T60 or ANSI 837 4010A1 formats.
6.4.2.4
Description of easy batch submission through a toll-free telephone
number or Pretty Good Privacy (PGP) encrypted Internet connection.
6.4.2.5
Description of detailed online submission and error reports and realtime editing of claims online capabilities.
6.4.2.6
Description of Vendors maintenance of a backup file sufficient to
recreate the claims file should the original be damaged.
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7.0
Contract and Insurance Requirements
7.1
LANE COUNTY CONTRACTS
A copy of a Sample Contract similar to the one Lane County intends to finalize with the
successful Vendor can be found in Section 9.0, Appendix D of this RFP. Standard
Contract Provisions can be found in Lane Manual, Chapter 21.130, which can be found
in the Procurement Library at http://www.lanecounty.org/hhs
It is COUNTY’S intent to agree to contract terms which are substantially similar to those
in Section 9.0, Appendix D. Vendors must agree to execute COUNTY’S form of
purchase agreement. Vendors must certify by affirmative statement they accept all
contract terms and conditions in Section 9.0 Appendix D in substantial conformity as
stated. If Vendors wish to propose limited modifications to these terms and conditions,
they should submit any other form or document with their proposal, clearly marking only
those provisions they believe should be considered and which do not materially differ
from those in Section 9.0, Appendix D. Some of the provisions the COUNTY specifically
desires to remain as written include:
C-4
C-6
C-7
C-9
C-10
C-15
C-19
C-20
C-23
C-24
C-25
C-26
C-28
C-35
C-41
C-44
Contract Period
Production Acceptance and Performance Period
Security and Vendor’s Personnel
Confidential Information
Patent & Copyright Infringement
Product Support
Worker’s Compensation
Free From Tax Law and Discrimination Violations
Safety Requirements
Governing Law
Lane Manual
Prime Vendor Responsibilities
Indemnity
Award to Foreign Vendor
Termination
Notices
Terms and conditions substantially inconsistent with the terms in this RFP or not
acceptable to the COUNTY’S Office of Legal Counsel could result in rejection of the
Vendor’s proposal. Generally, COUNTY also reserves the right to negotiate aspects of
the proposed solution including but not limited to: the scope of work/performance, price,
to the extent it is affected by change in scope of work/performance, manner in which
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services are to be performed, personnel to be committed to the contract, proposed
options, licensing terms and counts, etc.
Vendors must submit with their proposals any maintenance contracts for software,
software licensing agreements and any other forms, contracts or documents that are
proposed to implement and administer the entire proposed solution. This includes any
third party manufacturer or partner contracts or documents. The Vendor shall be
responsible for negotiating any third party manufacturer or partner agreements to be
consistent with the terms of this RFP. Any proposed maintenance contracts should be
consistent with the sample contract found in Section 9.0, Appendix D, Subsection C-36,
Maintenance Services; in Section 9.0, Appendix E - Mutual Non-Disclosure Agreement;
and in Section 9.0, Appendix J, HIPAA Business Associate Agreement. The County has
included a form software license agreement with accompanying Mutual Non-Disclosure
Agreement. If Vendors wish to propose limited modifications to the software license
agreement, they shall clearly mark only those provisions they believe are not adequately
covered by the COUNTY’s proposed provisions. However, any Vendor proposed
software license agreement should be consistent with the sample contract found in
Section 9.0, Appendix D, Subsection C-13 - License of Software; and Section 9.0,
Appendix E - Mutual Non-Disclosure Agreement.
7.2
LANE COUNTY CONTRACT POLICIES
The successful Vendor will be required to agree to comply with Lane Manual 21.130
which sets forth the COUNTY’s standard contract provisions.
7.3
MUTUAL NON-DISCLOSURE AGREEMENT
The successful Vendor will be required to sign a Mutual Non-Disclosure Agreement with
the COUNTY. A copy of the Agreement can be found in Section 9.0, Appendix E of this
RFP. Vendor proposals must include an acknowledgement of their willingness to sign
the Agreement, if selected.
7.4
SOFTWARE LICENSE AGREEMENT
The successful Vendor will be required to sign a Software License Agreement with the
COUNTY. A copy of the Agreement can be found in Section 9.0, Appendix F of this
RFP. Vendor proposals must include an acknowledgement of their willingness to sign
this Agreement, if selected.
7.5
REQUIRED INSURANCE COVERAGE
The successful Vendor shall not commence any work until the Vendor obtains, at the
Vendor's own expense, all required insurance. Such insurance must have the approval
of Lane County as to limits, form and amount. Vendor proposals must include an
acknowledgement of their willingness to obtain and maintain for the full period of the
contract, the following types and amounts of insurance (marked with an “X”):
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X
COMPREHENSIVE COMMERCIAL GENERAL LIABILITY insurance including
personal injury, bodily injury and property damage with limits as specified below.
The insurance shall include:
COVERAGES
LIMITS
___
Explosion & Collapse
$1 million per occurrence
___
Underground Hazard
X
Products/Completed Operations
X
Contractual Liability
Broad Form Property Damage
X
Limits of the Oregon Tort
Claims Act (ORS 30.370),
limits presently at $500,000
per occurrence
___
Other
Owners' & Vendors' Protective
FORM
All policies must be of the occurrence form with combined single limit for bodily
injury and property damage. The Lane County Risk Manager must review any
deviation from this. All claims-made forms must have the prior approval of the
Lane County Risk Manager. Vendors must submit a complete copy of claimsmade policies and endorsements with the certificate of insurance.
X
AUTOMOBILE LIABILITY insurance comprehensive form with limits as specified
below. The coverage shall include owned, hired and non-owned automobiles.
LIMITS
$1 million per occurrence
_X_ Not less than the limits of the Oregon Tort Claims
Act (ORS 30.270) presently at $500,000 per occurrence
X
___ Other
PROFESSIONAL LIABILITY insurance, with limits not less than $ 1 Million.
ADDITIONAL INSURED CLAUSE. The liability insurance coverage required for
the performance of this contract shall be endorsed to name Lane County, its
commissioners, officers, agents, and employees, as additional insured with
respect to the activities performed under this contract.
X
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY as statutorily
required for persons performing work under this contract. Any sub-contractor
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hired by Vendor shall also carry Workers' Compensation and Employers' Liability
coverage.
EMPLOYER'S LIABILITY
X
Limits of $500,000.
___
BUILDER'S RISK insurance special form. Limits to be the value of the contract or
$____________.
___
FIDELITY BOND covering the activities of any person, named or unnamed,
responsible for collection and expenditures of funds. Limit $_________ per
employee.
7.6
HIPAA COMPLIANCE
Vendors must indicate in their proposals they agree to execute a HIPAA Business
Associate Agreement with Lane County ensuring compliance with HIPAA Privacy,
Transactions/Code Sets, and Security rules. A copy of the agreement can be found in
Section 9.0, Appendix J of this RFP.
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8.0
Evaluation Methodology
8.1
EVALUATION COMMITTEE
An Evaluation Committee comprised of COUNTY personnel will conduct the evaluation
process. Committee members will evaluate proposals deemed responsive that appear
to satisfy the requirements using evaluation criteria set forth in this RFP. The Evaluation
Committee’s final recommendation will be subject to the approval by the Lane County
Board of Commissioners. Such approval may require additional review of results,
extension or addition of evaluation activities or additional deliberation of proposal
materials before it is granted.
The Evaluation Committee will include representatives, who are managers of public
entity programs including staff (system end users and business area experts) from the
departments of Health and Human Services and Information Services.
8.2
EVALUATION PROCESS
The COUNTY will follow the following process when evaluating proposals received as
the result of this RFP:
8.2.1
The Evaluation Committee will review all proposals for compliance with the
mandatory requirements as stated within the RFP. Proposals deemed nonresponsive will be eliminated from further consideration and Vendor(s) will
be notified of such in writing.
8.2.2
Remaining proposals will be evaluated and assigned points according to the
evaluation criteria described in Section.8.3 of this RFP.
8.2.3
The Procurement Manager may contact a Vendor for clarification of the
response as specified in Section 3.9 of this RFP. The Evaluation
Committee reserves the right to develop and distribute written follow-up
questions to solicit greater detail on the information provided.
8.2.4
Vendor references will be checked. The Evaluation Committee may also
use other sources of information to perform the evaluation.
8.2.5
Responsive proposals will be evaluated on the criteria described in Section
8.3 below that have been assigned a point value.
8.2.6
The responsible Vendor(s) with the highest score(s) will be selected as
Finalist Vendor(s) based upon the proposals submitted. Finalist Vendor(s)
who are asked or who choose to submit revised proposals for the purpose
of obtaining best and final offers will have their points recalculated
accordingly. Points awarded from oral presentations and product
demonstrations will be added to the previously assigned points to attain final
scores for all Finalist Vendor(s).
8.2.7
The responsible Vendor whose proposal is most advantageous to the
COUNTY, taking into consideration the evaluation factors in Section 8.3
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8.2.8
8.3
below, will be recommended for contract award to the Board of County
Commissioners.
A serious deficiency in the response to any one criterion may be grounds for
rejection regardless of overall score. The COUNTY reserves the right to
reject any proposal not in compliance with the proposal documents or all
prescribed public bidding procedures and requirements and may, for good
cause, reject any or all proposals when it is deemed by the COUNTY to be
in the public interest to do so.
EVALUATION CRITERIA
The following is a summary of requirements set forth in this RFP with evaluation points
assigned to each item. The Evaluation Committee will review Vendor proposals in
response to these requirements, evaluate the responses and assign a score up to the
maximum points allowed for each factor. Only Finalist Vendors will receive points for an
oral presentation and demonstration.
Evaluation Factors
Maximum Points
Mandatory Functional Requirements
250
Desirable Functional Requirements
25
Mandatory Technical Specifications
100
Desirable Technical Specifications
25
Mandatory Business Specifications
 Project Management
 Customization
 Data Conversion
 Interface Development
 Configuration
 Testing
 Implementation
 Training
 System Documentation
 Software Maintenance
Corporate and Key Personnel Qualifications,
Experience and References
250
Cost
250
Oral Presentation / Product Demonstration
200
Hosted Operation (Optional)
100
No Points
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Evaluation Factors
Billing Services (Optional)
Maximum Points
No Points
TOTAL
1,200
8.3.1 EVALUATION FACTORS
A maximum of 1,200 points may be awarded based upon the quality and
thoroughness of the Vendor's response to each evaluation factor as follows.
8.3.1.1
Mandatory Functional Requirements. Up to 250 points may be
awarded based upon an evaluation of the merit, thoroughness and
applicability of the Vendor’s response to the mandatory functional
requirements.
8.3.1.2
Desirable Functional Requirements. Up to 25 points may be
awarded based upon an evaluation of the merit, thoroughness and
applicability of the Vendor’s response to the desirable functional
requirements.
8.3.1.3
Mandatory Technical Specifications. Up to 100 points may be
awarded based on an evaluation of the thoroughness and relevancy of
the Vendor’s responses to the mandatory technical specifications.
8.3.1.4
Desirable Technical Specifications. Up to 25 points may be
awarded based on an evaluation of the thoroughness and relevancy of
the Vendor’s responses to the desirable technical specifications.
8.3.1.5
Mandatory Business Specifications. Up to 250 points may be
awarded based upon an evaluation of the quality and thoroughness of
the Vendor’s response to the required information set forth in the RFP
Scope of Work, Business Specifications.
8.3.1.6
Corporate and Key Personnel Qualifications, Experience and
References. Up to 100 points may be awarded based on an
evaluation of the Vendor and proposed key personnel qualifications,
relevant experiences, performance and successes for clients who have
implemented the software and are receiving similar services to those
proposed by the Vendor for this project. Documented work experience
on similar systems will be evaluated more favorably than experience
with non-related systems.
8.3.1.7
Cost. The evaluation of each Vendor’s cost proposal will be conducted
using the following formula:
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Lowest Responsive Offer Grand Total Cost X 250 = Points Award
This Vendor’s Grand Total Cost
8.3.1.8
Oral Presentation / Product Demonstration. Up to 200 points may
be awarded for a presentation of the proposal and a demonstration of
the proposed base system to the Evaluation Committee. The quality
and breadth of the system functional capabilities and ease of use, as
well as the technical merit and demonstrated knowledge and ability of
key personnel will be the primary evaluation factors. A function must
be demonstrated in order to receive a score for that function.
8.3.1.9
Hosting Operations. No points will be awarded for proposals offering
hosting operations.
8.3.1.10. Billing Services. No points will be awarded for proposals offering
billing services.
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9.0
APPENDICES
APPENDIX A.
DEFINITION OF TERMS
The following terms and acronyms with their definitions are used throughout this RFP.
TERM / ACRONYM
DEFINITION
ADO
Alcohol, Drug and Offender program within the COUNTY
providing a variety of services to individuals and families
affected by alcohol or other drug abuse, and to those who are
mandated by the criminal justice system to receive evaluation
or treatment related to their offenses.
Base System
The assembly of an operational group of computer programs
that will perform, without modification, a significant portion of
the functional requirements contained in this RFP. The base
system may include system interfaces, as well as Vendor
supplied third party software, required for the operation and/or
maintenance of the base system.
CABHS
Child and Adolescent Behavioral Health Services within LCMH
provides crisis and routine mental health evaluations, crisis
stabilization, case management, psychiatric evaluation,
medication management and consultation for COUNTY youth
ages 3-18 with moderate to severe mental, emotional and
behavioral difficulties.
CaCoon
Care Coordination, an essential component of services for
children with special needs within the Maternal and Child
Health Program of Public Health in H&HS.
CDROM
Compact Disc Read Only Memory, a data format standard
designed to store computer data on and electronic data
storage medium (disc) in the form of text and graphics, as well
as hi-fi stereo sound.
CHCLC
Community Health Centers of Lane County, the COUNTY unit
that operates multi-site health centers at eight (8) locations
across Lane County.
Contract
An agreement for the procurement of items of tangible
personal property or services.
COUNTY
Lane County, Oregon
Health and Human Services Department.
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TERM / ACRONYM
DEFINITION
CSW 2
Community Services Workers – 2, a job classification in the
COUNTY.
DD
Developmental Disabilities, a severe, chronic disability of an
individual that 1) is attributable to mental or physical
impairment or combination of mental and physical
impairments; 2) is manifested before the individual attains the
age of 22; 3). is likely to continue indefinitely; 4) results in
substantial functional limitations in three or more of the
following areas of major life activity: self-care, receptive and
expressive living, and economic self-sufficiency; and; 5)
reflects the individual's need for a combination and sequence
of special, interdisciplinary, or generic services, individualized
support, or other forms of assistance that are of lifelong or
extended duration and are individually planned and
coordinated. When applied to infants and children,
developmental disabilities means an individuals from birth to
age 9, inclusive, who has a substantial developmental delay or
specific congenital or acquired condition, and may be
considered to have a developmental disability without meeting
3 or more of the criteria above if the individuals, without
services and supports, has a high probability of meeting those
criteria later in life.4
DDS
Developmental Disabilities Services, a service unit within
H&HS providing a variety of services to individuals with or who
are at risk for developmental disabilities and their families.
Desirable
The terms “may,” “can,” “should,” “preferably,” or “prefers”
identify a desirable or discretionary item or factor (as opposed
to “mandatory”).
DHCP
Dynamic Host Configuration Protocol is a set of rules used by
a communications device, such as a computer, router or
networking adapter, to allow the device to request and obtain
an Internet address from a server which has a list of addresses
available for assignment.
DNS
Domain Name System stores and associates many types of
information with the names entered into computers, e.g. as
part of a Website address or e-mail address, and transfers
them to Internet Protocol addresses.
4
Definition from http://www.aucd.org/aucd_dddefinition.htm.
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TERM / ACRONYM
DEFINITION
DSL
Digital Subscriber Line (also called Digital Subscriber Loop) is
a family of technologies that provide digital data transmission
over the wires of a local telephone network.
DUII
Driving while Under the Influence of Intoxicants, a program
within the COUNTY Supervision and Treatment Services unit
providing services through the Alcohol, Drug and Offender
Program.
Evaluation
Committee
A body appointed by COUNTY management to perform the
evaluation of proposals received as a result of this RFP and
make recommendations to the Lane County Board of County
Commissioners.
Evaluation
Committee Report
A report prepared by the Procurement Manager and the
Evaluation Committee for submission to the Lane County
Board of County Commissioners for contract award that
contains all written determinations resulting from the conduct
of a procurement requiring the evaluation of competitive
sealed proposals.
Ethernet
A large and diverse family of frame-based computer
networking technologies defining a number of wiring and
signaling standards for the physical layer for Local Area
Networks.
Finalist
A Vendor who has submitted a proposal in response to this
RFP who meets all the mandatory specifications set forth in
the RFP and whose score on evaluation factors is sufficiently
high to qualify that Vendor for further consideration by the
Evaluation Committee.
Gigabit
Also Gb or Gbit, is a unit of information or computer storage
equal to one billion bits or binary digits.
H&HS
Health and Human Services in Lane County, Oregon; the
County agency issuing this RFP.
HSC
Human Services Commission, a unit within the COUNTY that
develops services for those who have limited or no access to
basic health care.
Implementation
Planning, configuring, loading and testing of software and
related procedures.
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TERM / ACRONYM
DEFINITION
HIPAA
Health Insurance Portability and Accountability Act, a federal
law enacted in 1996 directed the federal Department of Health
and Human Services to establish national standards for
electronic health care transactions and national identifiers for
providers, health plans, and employers. It also addressed the
security and privacy of individually identifiable health data.
HL7
Health Level 7 is a national standard for the exchange of
health data that sets forth a pre-specified format for
files/messages and the order of fields within those
files/messages.
Hosted Services
A Vendor supplied computing center and related services that
includes the hardware, software, network and security
facilities, with appropriately trained and sufficient numbers of
personnel to be capable of effective operation and
maintenance of Software on behalf of the COUNTY.
HP
Hewlett Packard is the name of a computer and electronics
company.
HSCTS
Human Services Client Tracking System, the data collection
and reporting system currently in use in H&HS to support
some programs and business functions.
IBM
International Business Machines is the name of a computer
company.
ICD
International Classification of Diseases, contains about thirteen
thousand categories of codes used by health care organizations
worldwide to standardize reporting of health information.
ID
Identification refers to an electronic method of uniquely
identifying each specific user of the software.
Integrate
Means components of the system shall function efficiently and
logically with all applicable existing systems.
Interface
The transmission of data that will allow for efficient and logical
interaction with other applicable systems.
IV&V
Independent Verification and Validation, are services provided
by an independent contractor to assist the COUNTY in the
oversight and quality assurance activities of the project.
Kb
Kilobit is a unit of information or computer storage equal to
1,000 bits or binary digits.
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TERM / ACRONYM
DEFINITION
KB (also kB)
KiloByte is a unit of information or computer storage equal to
approximately 1,000 bytes or eight (8) bits.
LAN
Local Area Network is the electronic communication of a
number of computers covering a local area, such as a single
building, group of buildings or home office.
LCIS
Lane County Information Systems, the organization within the
County that provides information technology support and
services to H&HS.
LCMH
Lane County Mental Health, refers to a unit within the
COUNTY that administers programs to help ensure community
access to assessment and treatment for individuals who
require psychiatric care for severe and persistent mental
illness and to provide crisis intervention to individuals who may
be in acute mental and emotional crisis.
LDAP
Lightweight Directory Access Protocol refers to a networking
protocol for querying and modifying directory services running
over TCP/IP.
Licensed Software
The computer Software and all representations, along with
documentation and manuals that are owned by the licensor
(Vendor) for use by the licensee (COUNTY).
Maintenance
Means both preventive and remedial maintenance.
Mandatory
The terms “must,” “shall,” “will,” “is required,” identify a
mandatory item or factor (as opposed to “desirable”). Failure
to meet a mandatory item or factor may result in the rejection
of the Vendor’s proposal.
MAPI
Messaging Application Programming Interface, implemented in
Microsoft Windows, allows client programs to become
electronic mail messaging enabled, messaging aware or
messaging based.
MDAC
Microsoft Data Access Components refers to a group of
Microsoft technologies that interact together as a framework
that allows programmers a uniform and comprehensive way of
developing applications for accessing almost any data store.
Mb
Megabit is a unit of information storage equal to one (1) million
bits, which is equal to 125,000 bytes.
MB
MegaByte is a unit of computer storage or information equal to
approximately one (1) million bytes.
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TERM / ACRONYM
DEFINITION
Open Source
Refers to a software program in which the source code is
available to the general public for use and/or modification from
its original design free of charge, i.e., open. Open source code
is typically created as a collaborative effort in which
programmers improve upon the code and share the changes
within the community. An example of open source software
applicable to this project would be a vendor that offers an open
source base solution free of charge but charges for certain
modules. Customization of the open source solution could be
achieved through participation within a collaborative
community.
PDA
Personal Digital Assistants are handheld computing devices
with color screens and audio capabilities used as organizers,
calculators, clocks, calendars, mobile phones, computers,
accessing the Internet, sending and receiving e-mail, playing
computer games, viewing movies and listening to the radio, to
name a few.
PGP
Pretty Good Privacy, a standard computer program for the
encryption and decryption of data.
PKI
Public Key Infrastructure, an arrangement in cryptography that
provides for trusted third party vetting of, and vouching for,
user identities, allowing binding of public keys to users,
typically through certificates; usually carried out by software at
a central location together with other coordinated software at
distributed locations.
PMI
Project Management Institute, a leading professional
association in project management. The PMI certifies
Professional Project Managers through education, training and
testing, and publishes project management best practices.
Procurement
Manager
The person or designee authorized by the COUNTY to
manage or administer a procurement requiring the evaluation
of competitive sealed proposals.
‘Proven’ Software
Software that has been in successful production operation in
private and/or public agencies for a minimum of five (5) years.
PST
Pacific Standard Time
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TERM / ACRONYM
DEFINITION
Public Domain
Refers to any software program that is not copyrighted.
Public-domain software is free and can be used without
restrictions. An example of public domain software applicable
to this project would be a solution developed by a like or
similar agency that has developed a solution that can meet all
of the H&HS mandatory requirements.
RAID
Redundant Array of Independent Disks refers to a data
storage scheme using multiple hard drives to share or replicate
data among the drives.
Responsible Vendor
A Vendor who submits a responsive proposal and who has
furnished, when required, information and data to prove that
the financial resources, production, service facilities,
personnel, service reputation and experience are adequate to
make satisfactory delivery of the items of tangible personal
property and/or professional services described in the
proposal.
Responsive Proposal
An offer in a written proposal that conforms in all material
respects to the requirements set forth in the RFP. Material
respects of a RFP include, but are not limited to, price, quality,
quantity and/or delivery requirements.
RFP
Request for Proposals means all documents, including those
attached or incorporated by reference, used for soliciting
proposals for tangible property and/or professional services.
RTT
Round Trip Time (also Round Trip Delay Time) is the elapsed
time for transit of a signal over a closed circuit; the time
elapsed for a message to a remote place and back again.
SMTP
Simple Mail Transfer Protocol is a relatively simple, text-based
protocol; the defacto standard for electronic mail transmissions
across the Internet.
Software
Computer programs, procedures, rules, and any associated
documentation pertaining to the operation of the Vendor’s
proposed system. The Software includes system interfaces
and conversion tools, as well as Vendor supplied third party
Software required for the maintenance or operation of the
proposed system.
SP
Service Pack is a collection of updates, fixes and/or
enhancements to a software program delivered in the form of a
single installable package.
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TERM / ACRONYM
DEFINITION
SQL
Structured Query Language is a computer language used to
create, modify, retrieve and manipulate data from relational
database management systems.
STD
Sexually Transmitted Diseases, a clinic service within the
COUNTY Communicable Disease Program in Public Health.
STS
Supervision and Treatment Services, provides ADO services.
System
System is the total of all software, products, equipment,
documents and hardware to be proposed or proposed to
be provided by Vendor to COUNTY to meet the
requirements outlined in the COUNTY request for
Proposal.
Task
A specific piece of work or activity.
TB
Tuberculosis, a service within the COUNTY Communicable
Disease Program in Public Health.
TCP/IP
Transmission Control Protocol / Internet Protocol means the
set of five (5) communication layers, each of which solves a
set of problems involving the transmission of data over internal
networks and the Internet.
Technical Support
Means COUNTY or Vendor supplied software maintenance,
trouble shooting and correction, telephone support and similar
support services.
T1
Digital Signal 1 (also known as T1) is a telecommunications
carrier signaling scheme devised by Bell Labs and used
across North America.
Training
Means end user training on the use of the proposed software,
including use of ad hoc reporting tools, as well as the training for
the COUNTY system administrator (s) and technical operational
training.
UPS
Uninterruptible Power Supply is a supply of power to a
computer that includes a battery to maintain power in the event
of a power outage.
USB Flash Drive
Universal Serial Bus Flash Drives are compact, lightweight,
removable and rewritable data storage devices integrated with
a USB interface to personal computers, PDAs, portable Digital
Video Discs and media players; memory capacity ranges from
128 megabytes to 64 gigabytes and larger; small enough to be
carried around in a pocket; also called Thumb Drives.
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TERM / ACRONYM
DEFINITION
Vendor
Any person, corporation or partnership that chooses to submit
a proposal in response to this RFP.
Vendor Project
Manager
The individual assigned by the Vendor to work cooperatively
with the COUNTY Project Manager to manage the project.
WAN
Wide Area Network is the electronic communication of a
number of computers located across a broad geographical
area, e.g. all of Lane County.
WYSIWYG
What You See Is What You Get, (pronounced wiz-ee-wig)
describes a user interface for a computer system where
documents are represented by displaying a more-or-less
accurate image of the way the document will finally appear
when printed.
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APPENDIX B.
DESCRIPTION OF COUNTY PROGRAMS
Following is a description of the COUNTY programs that will be supported by the new
Management Information System.
Public Health Programs and Services
The mission of Lane County Public Health is to preserve, protect and promote the health
of all people in Lane County. Our services are population based and span several
program areas. Two of the programs which will be included in the new management
information system are the following:
Communicable Disease Program
Within the Communicable Disease Program are the following services: adult and child
immunizations, sexually transmitted disease clinic, TB case management, HIV
counseling and testing, epidemiology and surveillance.
Immunizations. At the present time we provide one (1) half-day immunization clinic for
adults and children. This is a walk-in clinic providing all the required immunizations for
children and selected immunizations for adults. There are community-wide flu and
pneumonia shot clinics in October and November of each year.
Sexually Transmitted Disease (STD) Clinic. We provide two (2) one-half day clinics
on a drop-in basis. The clinic is staffed by nurses, a laboratory technologist and the
Disease Investigative Officer (who is a state health division employee).
Tuberculosis (TB) Case Management. The nursing staff provides TB case
management services, as well as twice a week go to the Mission (a homeless shelter) to
provide TB skin tests and to monitor status of possible TB at the shelter. The nursing
staff also works with others in the community who have active TB as well as those who
have had a positive TB skin test cut have not converted to TB.
HIV Counseling and Testing. The Community Services Workers (CSW 2) and clinic
nurses provide confidential and anonymous HIV counseling and testing services for
high-risk individuals on a drop-in basis primarily during the STD clinics. The CSW 2’s
also provide other times for counseling and testing for high-risk individuals as well as
coordination of the needle exchange program with HIV Alliance and specific outreach in
the community to reach high-risk populations in order to reduce the spread of HIV.
Epidemiology. The nursing staff takes reports of communicable diseases from
physicians and laboratories (these are primarily the reportable diseases per Oregon
Statute) and do the follow-up case investigation in order to determine contacts of those
with disease and to provide education and direction for the control of any spread of the
disease.
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Maternal Child Health Program
The goal of the Maternal Child Health (MCH) program is to optimize pregnancy, birth,
and childhood outcomes for Lane County families through education, support, and
referral to appropriate medical and developmental services. MCH direct services for
pregnant and postpartum women and for young children and their families are provided
through the following program areas: Prenatal Access, Maternity Case Management,
Babies First, CaCoon, and Healthy Start.
Prenatal Access. The Prenatal Access program helps low income pregnant women
access early prenatal care. Program staff determines eligibility for Oregon Health Plan
(OHP) coverage during the perinatal period and directly assist with the completion and
submission of the OHP application and verification of coverage. The program helps
pregnant women schedule their first prenatal visit by providing prenatal health care
resource information.
Maternity Case Management. The Maternity Case Management program provides
ongoing nurse home visiting, education, and support services for high-risk pregnant
women. Community Health Nurses help pregnant women access and utilize needed
and appropriate health, social, nutritional, and other services during the perinatal period.
Babies First!. The Babies First! program provides nurse home visiting, assessment and
early identification of infants and young children who are at risk of developmental delays
and other health conditions. Nurses provide parental education regarding ways to help
their child overcome early delays, and they provide referral to appropriate early
intervention services.
CaCoon. The CaCoon program provides services for infants and children who are
medically fragile or who have special health or developmental needs by helping their
families become as independent as possible in caring for their child, and by helping
families access appropriate resources and services. CaCoon stands for Care
Coordination and is an essential component of services for children with special needs.
CaCoon provides the link between the family and multiple service systems and helps
overcome barriers to integrated, comprehensive care.
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Developmental Disabilities (DD) Services
Developmental Disabilities Services (DDS) provides services and support for persons
with developmental disabilities who meet state-mandated eligibility guidelines. The core
service provided is case management. Key functions include protective services for
adults, information and referral, service coordination and crisis resolution. Currently,
DDS provides case management for approximately 1,500 individuals. In addition to
case management services, DDS administers a family support program and a foster
program for children and adults. DDS also manages a subcontracted system of
residential and employment services, protective services for adults, and a quality
assurance program.
Individuals who qualify may enter DD services as children or adults. It is common for a
person to be in services for their lifetime. General categories of services are known as
“service elements”. Each service element has a separate funding stream with rules and
restrictions that guide the County’s use of the funds. Lane County subcontracts most
service element funding to community service providers.
DD requires a system that tracks individual demographic information, eligibility status,
service enrollments, and other program-related data. Case managers require a system
that alerts them to required tasks and timelines related to individuals on their case loads
as well as tracking individual service plans, guardianship, progress notes and monthly
contacts. In addition, we require a system that tracks community service provider
information such as address, licensing status, capacity, current enrollments, rates, etc.
A fundamental difference between DD and other H&HS departments is that DD does not
bill for any service. The State of Oregon is the sole source of funding for DD services.
DD does not provide any medical, psychological, or pharmaceutical services. Case
managers are not medical service workers and do not diagnosis illnesses or prescribe
medication.
Services provided or contracted through DD Services include:
 Case management
 Employment services
 Residential services including adult and children’s foster homes and adult 24hour group homes, semi-independent and support-living programs
 Transportation
 Day programs for person’s in nursing homes
 Family support assistance to families with children with disabilities
 Crisis intervention services
 Comprehensive in-home support to families with children and adult family
members with developmental disabilities and intensive service needs
 Quality assurance
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Lane County Mental Health (LCMH) Programs and Services
LCMH provides mental health services to approximately 1,600 clients annually. The
program includes many distinct programs, each serving a unique group of Lane County
clients.
Adult Mental Health Services
The mission of the Adult Mental Health Program is to provide community access to
assessment and treatment for individuals who require psychiatric care for severe and
persistent mental illness and to provide crisis intervention to individuals who may be in
acute mental and emotional crisis. The Adult Clinic provides long-term case
management services, brief and long term therapy in conjunction with psychiatric care
involving the prescribing of medication. The Clinic also provides psychiatric hospital
aftercare. The Adult Mental Health program is the community's safety net providing
essential services to individuals unable to access services in the private sector. The goal
in each individual's case is prudent use of public resources while providing treatment
necessary for an eventual successful return to other services and support systems
available in the community. While the overall goal of the Adult Mental Health Program is
to stabilize individuals, support full recovery, and return them to community resources,
program philosophy acknowledges that major mental illnesses can be life-long and
chronically debilitating. Therefore it is recognized that in some cases, the community and
the individual will both be best served by on-going services in the Adult Mental Health
Program.
The adult program provides services to approximately 1,200 clients annually. It has
approximately 11 full time and 7 part time clinicians in addition to 3 full time and 2 part
time MD/NPs.
Child and Adolescent Services
Child Mental Health Outpatient Services (CABHS) provides crisis and routine mental
health evaluations, crisis stabilization, case management, psychiatric evaluation,
medication management and consultation for Lane County youth ages 3-18 with
moderate to severe mental, emotional and behavioral difficulties. Oregon Health Plan
Medical Card is accepted. Private commercial insurance plans are referred to the
private sector for services.
The first appointment is with a Master’s level clinician/case manager who will conduct an
initial Mental Health Assessment. All youth who receive psychiatric services are
assigned a clinician/case manager who will coordinate appropriate community based
care and work closely with the Child and Adolescent Behavioral Health Services
(CABHS) psychiatrist or psychiatric nurse practitioner. As a child’s emotional, mental or
behavioral difficulties stabilize, CABHS makes every effort to return medication
management services to the Primary Care Provider. CABHS coordinates medical and
mental health care with other health and mental health professionals.
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The child program provides services to approximately 300 clients annually. It has
approximately 8 full time clinicians in addition to 1 full time and 3 part time doctors/nurse
practitioners.
Transition Team
The transition team provides short-term crisis intervention services to adults at imminent
risk of psychiatric hospitalization. The Transition team provides psychiatric and psychosocial assessment services, active treatment planning and case management, and
medication management services.
The transition team provides services to approximately 80 clients annually with 5 full
time clinicians and 1 full time MD.
Residential Programs
Many individuals who may be experiencing a transient or chronic mental disturbance
may be faced with homelessness or substandard living conditions. Some individuals in
treatment may benefit from a highly structured living arrangement. Lane County Mental
Health can assist consumers of mental health services in gaining access to a variety of
residential services and housing options. Community residential services include foster
care, group homes, long term housing, independent living and crisis respite. Lane
County Mental Health residential staff often serve as gatekeeper for these resources and
provide support to housing programs managed by other community agencies. The
residential team monitors placements and openings in existing housing programs.
Lane County Mental Health assistance in accessing residential services is primarily
available for consumers who are actively engaged in treatment with Lane County as a
service provider. Costs vary for each living situation and methods of payment likewise
may vary. There is usually state support for these housing options.
Civil Commitment
Oregon law allows for the involuntary hospitalization of individuals who are deemed to
have a mental disorder and who may be dangerous to themselves, dangerous to others
or unable to care for their basic personal needs. Additionally, based on an individual’s
history of multiple recent hospitalizations civil commitment could be considered.
Civil commitment requires two petitioners to complete an affidavit describing the
allegedly mentally ill individual’s symptoms and behavior that is required by the Oregon
statutes. A worker from Lane County Mental Health will assist with the petitioning
process and guide the commitment process through the circuit court. If an individual is
civilly committed he or she is placed under the supervision of the state mental health
division for a period of time not to exceed 180 days.
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Supervision and Treatment Services
Alcohol, Drug and Offender Programs (Methadone, Sex Offender, Driving While
Under the Influence of Intoxicants (DUII) / Corrections Evaluations)
The Alcohol, Drug and Offender (ADO) Program provides a variety of services to
individuals and families affected by alcohol or other drug abuse, and to those who are
mandated by the criminal justice system to receive evaluation or treatment related to
their offenses. These services are grouped into three program areas: methadone
treatment, sex offender treatment, and DUII and other corrections evaluations.
The Lane County Methadone Treatment Program provides outpatient chemical
dependency treatment for adults with opiate addictions. The primary goal of treatment is
to eliminate illicit substance use. This usually stops the criminal behaviors used to
maintain the patient’s opiate addiction. On-going treatment goals include addressing
physical health problems; developing basic living skills; improving self-image, coping
skills, and relationships; and developing productive use of time and skills for recovery.
The program also seeks to reduce the spread of communicable diseases, such as HIV.
The overall goal of treatment is recovery from addiction to all substances and improved
quality of life.
The Sex Offender Treatment Program treats convicted adult sex offenders, male and
female, who are on supervised probation, parole, or post-prison supervision. Clients are
referred by their probation or parole officer. The mission of this program is to promote
community safety and prevent further sexual abuse through the treatment of sex
offenders. Sex offenders in treatment learn new concepts and skills to prevent reoffending. The program also emphasizes restitution, which requires that offenders
accept full responsibility for their abuse, and repair the damage they have caused to
victims. As part of treatment, offenders identify all individuals they sexually abused, and
make restitution to those individuals, either directly or indirectly, depending on the
victims’ preferences.
The DUII/Corrections program provides mental health and substance abuse services to
offenders who are supervised by the courts, or by Lane County Parole and Probation.
Clients served include those charged with DUII, domestic violence, drug possession,
harassment, assault, and other charges. The program provides client evaluations and
treatment referrals. The client’s progress in treatment is monitored and reported to the
court or the probation or parole officer. All clients must be referred either by a court or
by the parole officer.
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Substance Abuse Prevention Program
The purpose of the prevention program is to promote and coordinate effective
community-based prevention strategies aimed at creating healthier communities,
particularly in the areas of substance abuse, problem gambling, and suicide prevention.
The program supports multiple strategies, targeting efforts prenatally, in early childhood,
in adolescence, and for the larger community. There is a need to collect data on
universal prevention strategies, such as media campaigns, community/classroom
presentations, and support for grassroots community coalitions. This data is primarily
about types and dates of activities, number of people reached, and sometimes
responses to evaluation questionnaires. Additionally, the program implements more
targeted strategies, such as parenting education, or youth prevention education. These
activities would require some more detailed demographic information about participants,
dates of program attendance, and some pre and post intervention data, primarily
reflected through responses to questionnaires.
The prevention program is required by state funders to enter data into the Minimum Data
Set system, developed through the federal Centers for Substance Abuse Prevention,
and supported by the Oregon Department of Human Services.
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Community Health Centers of Lane County
Established as a federally qualified health center in 2003, Community Health Centers of
Lane County (CHCLC) operates as a multi-site health centers at eight locations.
CHCLC is an initiative of the Human Services Commission of Lane County (HSC), a
division of the Department of Health and Human Services. Its mission is to develop
services for those who have limited or no access to basic health care. HSC was
established in 1972, as an intergovernmental regional health and human service that
coordinates anti-poverty services in Lane County.
CHCLC has become a significant provider of culturally and linguistically appropriate
primary medical care, behavioral health and preventive dental services primarily in the
Eugene/Springfield area of Lane County. CHCLC has over 10,000 active patients and
delivers over 25,000 encounters per year.
Services include:




Integrated primary and behavioral health services.
Dental screenings, fluoride varnishing, and dental sealants for young children.
Health care for underserved children at three high school based health centers.
Outreach, heath care, and housing for youth and people with multiple diagnoses
Services are designed to provide easily accessed care in comfortable settings suitable
for the populations we serve. CHCLC operates at eight sites including the RiverStone
Clinic, the Springfield Schools Health Center, Eugene School District’s Churchill High
School, and Opportunity Center alternative school and the Safe & Sound Homeless
Youth program providing services co-located at the Looking Glass New Roads Day
Access and the Station 7 Shelter programs,. This year CHCLC will be co-locating
primary care services at Lane County Mental Health and HIV Alliance.
In addition to providing health care to low income people, CHCLC has a particular focus
on addressing the health disparities and needs of the Latino population and the
homeless youth population. Services are provided through bicultural, bilingual staff and
use of youth-friendly staff and locations.
Staff provide high quality medical, behavioral health and other social services to a
diverse group of individuals, the majority of whom are poor, underinsured, homeless,
mentally ill, and non-English speaking. Approximately 25% of the CHCLC patient
population does not speak English as their first language and 14% are best served in
another language. Fifty-nine percent of those visits are to uninsured patients.
CHCLC has 58 FTE employees, and 20 temporary and locum employees providing
health care. The staff includes medical, dental and mental health providers, health care
and behavioral health professionals, health care education and prevention staff, and
support staff.
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H&HS Administration
The administration provides billing support for Mental Health, Alcohol & Drug, and Public
Health services. Billing support includes inputting client financial and insurance
information obtained from fee agreements completed at the program, billing the
appropriate insurance provider or the client for services received, and managing
accounts receivables related to billing (aging report).
Additionally, administration is responsible for table management of the billing software.
This includes adding new services, new staff, adding/updating billing codes and fee
changes for Mental Health, Alcohol & Drug, Public Health, and Developmental
Disabilities.
Administration also manages the money management account for mental health clients
who have chosen Lane County as their representative payee.
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APPENDIX C.
ACKNOWLEDGEMENT OF RECEIPT OF RFP
RFP # H&HS.20277 for an
Electronic Data Collection and Reporting System
ACKNOWLEDGEMENT OF RECEIPT FORM
In acknowledgement of receipt of this Request for Proposal, the undersigned agrees that
he/she has received a complete copy, beginning with the Title Page and Table of
Contents, and ending with Appendix J.
This Acknowledgement of Receipt should be signed and returned to the Procurement
Manager no later than 5:00 pm Pacific Standard Time on February 8, 2007. Only
Vendors who elect to return this form completed with the intention of submitting a
proposal will receive copies of all Vendor written questions and the COUNTY’s written
responses to those questions, as well as RFP amendments, if any are issued.
COMPANY NAME:______________________________________________________
REPRESENTED BY:_____________________________________________________
TITLE:__________________________________ PHONE NO.:___________________
E-MAIL:_________________________________ _____________________
ADDRESS:____________________________________________________________
CITY: _____________________________ STATE: _______ ZIP CODE:___________
SIGNATURE: _____________________________________ DATE:______________
This name and address will be used for all correspondence related to the Request for
Proposal and be used when distributing the written responses to questions and any RFP
amendments. Written responses to questions and any RPF amendments will also be
available on the COUNTY website at http://www.lanecounty.org/hhs
[Also see Sections 1.4 Procurement Library and 4.2.2 Procurement Distribution List
Response Deadline]
Return this form to the Procurement Manager:
Julie Losco, Lane County Health and Human Services Department
125 East Eighth Avenue
Eugene, OR 97401-2926
FAX
541-682-3804
E-mail
julie.losco@co.lane.or.us
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APPENDIX D.
SAMPLE LANE COUNTY CONTRACT
LANE COUNTY
PURCHASE CONTRACT No. _____________
PLEASE PUT THIS NUMBER ON ALL INVOICES
In consideration of the covenants set forth below, _________________________,
hereinafter referred to as Vendor, and Lane County, a political subdivision of the State of
Oregon, hereinafter referred to as COUNTY, mutually contract as follows:
C-1.
Agreement: Vendor agrees and covenants with COUNTY to furnish: an
electronic data collection and reporting system for COUNTY programs and
services as defined in RPF No. 20277, as modified by addenda and/or
supporting Exhibits, and the Vendor’s Proposal. The Purchase Contract and all
of the exhibits constitute the Contract documents.
C-2.
Order of Precedence: In the event of conflict or discrepancies among the
contract documents, interpretations will be based on the following order of
priority:
a.
b.
c.
d.
e.
f.
g.
h.
The purchase contract, etc.;
HIPAA Business Associate Agreement;
RFP Section 7.5, Required Insurance Coverage
Mutual Non-Disclosure Agreement;
software license agreement;
maintenance agreement;
The COUNTY’S Request for Proposal;
The VENDORS’S Proposal in response to the RFP
C-3.
General: The COUNTY certifies that it is purchasing this product for public
agency use. The COUNTY certifies that the acquisition is not for remarketing,
and that it will not assign the on-order product to any party other than Vendor or
a Vendor affiliate without written consent of the Vendor, which shall not
unreasonably be withheld. The COUNTY reserves the right to sign any
agreement that is deemed to be beneficial to the COUNTY.
C-4.
Contract Period: Contract period shall be the date this Contract is signed to the
last day of any applicable warranty period. For COUNTY’s internal purposes
only, the contract period shall be for three years from the contract execution date.
However, Vendor shall agree to extend this period as necessary for completion
of the entire implementation and all applicable warranty periods.
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C-5.
Cost and Payments: The Contract price is $___________ and is a firm fixed
price as reflected in the cost section of the proposal.
The contract payment schedule will be dependent upon approved completion
and acceptance for firm fixed price deliverables. Invoices must be specific to
defined deliverables, and must be submitted with backup that confirms the
deliverable, its acceptance and its contract value.
C-6.
Production Acceptance and Performance Period: Following implementation
and successful prerequisite acceptance testing (including pilot installation) and
prior to final production acceptance of proposed solution, a formal performance
period will commence. Promptly, upon successful completion of the applicable
production acceptance testing and performance period as may be modified by
any mutual written agreement thereafter, COUNTY shall notify Vendor in writing
of final production acceptance of the system and authorize Vendor to submit an
invoice for payments according to contract terms.
If the production acceptance tests are not successfully completed within thirty
(30) calendar days of the acceptance test start date, or the performance period is
not completed within thirty (30) calendar days of the performance period start
date, and failure is attributed to products or work completed by Vendor, COUNTY
shall have the option of terminating the contract, as specified in this contract,
Subsection C-41B, Termination by COUNTY for Cause, and retaining all
contractual remedies against Vendor, or of authorizing Vendor in writing to
continue the performance period, specifying the new deadline, or of authorizing
Vendor to proceed with redefined responsibilities and associated renegotiated
costs. The COUNTY’S option to terminate the contract shall remain in effect until
such time as successful completion of the standard of performance is attained.
Vendor shall be liable for all outbound preparation and shipping costs for
contracted items returned under this clause.
C-7.
Security and Vendor’s Personnel: Vendor shall exercise due care to choose
and manage its personnel so that only suitably responsible and professionally
competent representatives shall be operating in COUNTY areas. Any Vendor’s
personnel who could have access to sensitive information, whether or not they
are working on COUNTY premises, shall successfully complete a criminal
records check including fingerprint-based identification, conducted by COUNTY
or its designee at the COUNTY’S sole expense. Vendor must supply
biographical information if required or requested by the COUNTY for criminal
records checks initially and throughout the entire contract, warranty, and
maintenance periods, whether such person is engaged by the Vendor, any subcontractor, or any supplier under the contract. Any project delay that is a direct
result of COUNTY’S criminal records check task, provided that biographical and
other information needed for the background check is delivered to COUNTY in a
timely manner, shall not be considered the Vendor’s responsibility. Vendor’s
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personnel are required to follow any applicable internal COUNTY security
policies and procedures.
C-8.
Right to Interface: COUNTY shall have the right to connect the products for
which it has contracted under this Agreement to any product or software
developed internally, manufactured or supplied from other sources, including, but
not limited to, computer software, peripheral equipment, other computers,
communications equipment, mobile devices, and like equipment. The County’s
internal staff or other source supplying the other equipment or software
mentioned above shall make or supervise the interconnection and supply any
interface devices required.
The following Warranty exclusions may apply with issues involving COUNTY
interfaces: (i) defects or damage resulting from use of the Vendor Software in
other than its normal and customary manner; (ii) defects or damage occurring
from misuse, accident, liquids, neglect, or acts of God; (iii) defects or damage
occurring from testing, maintenance, disassembly, repair, installation, alteration,
modification, or adjustment not provided by the Vendor or contrary to express
instructions provided in writing by the Vendor; (iv) defects or damage caused by
COUNTY’S failure to comply with all applicable industry and OSHA standards.
COUNTY may request, but Vendor is not required to repair any damages caused
by COUNTY’S actions under this section. This work will be quoted
independently of any existing contract between the COUNTY and Vendor, but
may be at the same time and material rates quoted in any existing maintenance
contract or those rates then in effect.
Such alterations or attachments shall be removed and the product restored to the
prior configuration at COUNTY expense before return of the product by
COUNTY.
C-9.
Confidential Information: The parties' agreement concerning confidentiality
applicable to this procurement contract shall be in substantial conformity with the
terms of the attached Mutual Non-Disclosure Agreement and confidentiality
obligations of the attached Software License agreements.
C-10. Patent And Copyright Infringement: Vendor will defend at its expense any suit
brought against COUNTY to the extent that it is based on an Infringement Claim
that the Vendor software infringes a United States patent or copyright. Vendor
will indemnify COUNTY for those costs and damages finally awarded against the
COUNTY for an Infringement Claim. Vendor’s duties to defend and indemnify
are conditioned upon: (i) COUNTY promptly notifying Vendor in writing of such
Infringement Claim; (ii) Vendor having sole control of the defense of such suit
and all negotiations for its settlement or compromise; (iii) COUNTY providing to
Vendor cooperation and, if requested by Vendor, reasonable assistance in the
defense of the Infringement Claim. If COUNTY reasonably concludes that its
interests are not being properly protected, or principles of governmental or public
law are involved, it may enter any action, at its own expense. Any settlement by
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the COUNTY with the party alleging such infringement shall not be binding on the
Vendor and the Vendor shall be under no obligation to pay or indemnify the
COUNTY.
If the Vendor software becomes, or in Vendor’s opinion is likely to become, the
subject of an Infringement Claim, Vendor may at its option and expense procure
for COUNTY the right to continue using such Software, replace or modify it so
that it becomes non-infringing while providing functionally equivalent
performance, or grant COUNTY a credit for returned software equal to the
reasonable replacement costs of the software, such software as depreciated and
accept its return. In addition, Vendor shall refund any license fees paid by
COUNTY, on a pro rata basis, and refund any prepaid amounts for service or
software not yet provided. The depreciation amount will be calculated based
upon generally accepted accounting standards for such equipment and software.
The COUNTY may also invoke additional remedy steps as specified in this
contract, Subsection C-41, Termination.
Vendor will have no duty to defend or indemnify for any Infringement Claim that
is based upon (i) the combination of the equipment or software with any software,
apparatus or device not furnished by Vendor; (ii) the use of ancillary equipment
or software not furnished by Vendor and that is attached to or used in connection
with the equipment or software; (iii) any Equipment that is not Vendor’s design or
formula; (iv) a modification of the Vendor Software by another party without
Vendor’s approval; or (v) the failure by COUNTY to install an enhancement
release to the Vendor Software that is intended to correct the claimed
infringement. The foregoing states the entire liability of Vendor with respect to
infringement of patents and copyrights by the Equipment and Vendor Software or
any parts thereof.
C-11. Title and Risk of Loss: Title to Software will not pass to COUNTY at any time.
Risk of loss will pass to COUNTY upon delivery of the Software and Equipment
to the COUNTY.
C-12. Preservation of Vendor’s Proprietary Rights and County Rights to Media
and Data: Vendor owns and retains all of its Proprietary Rights to the software.
The copyright owner of any Non-Vendor Software own and retain all of their
Proprietary Rights. COUNTY owns title to the physical media for the software as
well as all data entered into software. All intellectual property that is created or
produced by Vendor under this Agreement is and shall remain the property of
Vendor. Nothing in this Agreement is intended to restrict the Proprietary Rights
of Vendor, any copyright owner of Non-Vendor Software, or any third party
manufacturer of Equipment. This Agreement does not involve shared
development rights of intellectual property or any Software that is a “work made
for hire.”
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Except as explicitly provided in this contract, Subsection C-13, License of
Software, nothing in this Agreement will be deemed to grant, either directly or by
implication, estoppels, or otherwise, any of Vendor’s Proprietary Rights.
Concerning both the Vendor Software and the Non-Vendor Software, COUNTY
agrees not to modify, disassemble, peel components, decompile, otherwise
reverse engineer or attempt to reverse engineer, derive source code or create
derivative works from, reproduce (except as provided in this contract, Subsection
C-14, Warranties and the Agreement for Maintenance Services), or export the
Software, or permit or encourage any third party to do so.
C-13. License of Software. The parties' agreement concerning a software license
agreement shall be in substantial conformity with the attached Software License
Agreement (see Appendix F of the RFP).
C-14. Warranties. Vendor warrants that the products and equipment that are defined
as Vendor’s responsibilities, when installed will be in good working order and will
conform to the Vendor’s official published specifications and the technical
specifications of the RFP, Section 6.2.
The start of the warranty period is upon final production acceptance after
successful completion of the performance period.
The Vendor Software is warranted during the Warranty Period in accordance with
the applicable limited warranties shown below. COUNTY must notify Vendor in
writing if Vendor software or equipment does not conform to these warranties no
later than one month after the expiration of the Warranty Period. Upon receipt of
such notice, Vendor will respond to the warranty claim. If this response confirms
a valid warranty claim, Vendor will (at its option and at no additional charge to
COUNTY) repair the defective Vendor software or equipment, replace it with the
same or equivalent, or refund the price of the defective Vendor software or
equipment; and such action will be the full extent of Vendor’s liability hereunder.
Repaired or replaced product or equipment is warranted for the balance of the
original applicable Warranty Period. All replaced products or parts will become
the property of Vendor. Vendor shall also provide to COUNTY all available
warranties for third party products or equipment included in Vendor’s Proposal.
Vendor software and equipment is warranted at no charge to the COUNTY for
one year following completion of the performance period for production use in
accordance with the terms of this contract, Subsection C-14, Warranties. After
the expiration of this period, COUNTY may obtain maintenance and support
services. Maintenance charges, as defined in the contract shall not begin until
the date of expiration of warranty period.
These warranties do not apply to: (i) defects or damage resulting from use of the
Vendor software or equipment in other than its normal and customary manner;
(ii) defects or damage occurring from misuse, accident, liquids, neglect, or acts of
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God; (iii) defects or damage occurring from testing, maintenance, disassembly,
repair, installation, alteration, modification, or adjustment not provided or
authorized in writing by Vendor; (iv) defects or damage caused by COUNTY’S
failure to comply with all applicable industry and OSHA standards.
C-15. Product Support: Vendor guarantees availability of long-term product support
(availability of equipment and software maintenance service and upgrades) for all
equipment and software leased or acquired under this contract for a minimum
period of three (3) years following the date the Vendor provides written
notification to the COUNTY that the equipment or software is out of production.
C-16. Source Code: Vendor will release the source code of the system to COUNTY
under the following conditions. However, title to the source code will not pass to
the COUNTY at any time.
a. Entry of an order for relief under Title 11 of the United States Code; an
assignment by Vendor for the benefit of its creditors; the appointment of a
receiver or trustee in bankruptcy of Vendor’s business or property; or action
initiated by Vendor or a third party under state law involving Vendor’s
insolvency or the protection of or from its creditors; and the same has not
been rescinded, discharged or terminated within thirty (30) days unless there
would be prejudice to the COUNTY’S rights or interests under this agreement
allowing this grace period. If there would be such prejudice, COUNTY shall
be provided the source code immediately upon the occurrence of any of the
above events.
b. Vendor has ceased its business operations, or the sale, licensing,
maintenance or other support of the software.
c. Vendor shall provide written notice to COUNTY, within a reasonable time, if
any of the events in parts (a.) or (b.) in this section has occurred.
C-17. Independent Vendor: The performance of this contract is at the Vendor’s sole
risk. The service or services to be rendered under this contract are those of an
independent Vendor who is not an officer, employee or agent of the COUNTY as
those terms are used in ORS 30.265. Notwithstanding the Oregon Tort Claims
Act or provisions of any other contract, the Vendor is acting as and assumes
liability of an independent contractor as to any claims between COUNTY and the
Vendor. The Vendor is solely liable for any workers' compensation coverage;
social security, unemployment insurance or retirement payments; and federal or
state taxes due as a result of payments under this contract. Any subcontractor
hired by the Vendor shall be similarly responsible.
The parties will be acting in their individual capacities and not as agents,
employees, partners, joint-ventures, or associates of one another. The
employees or agents of one party shall not be deemed or construed to be
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employees or agents of the other party for any purpose whatsoever. Nothing in
this Agreement shall be interpreted as granting either party the right or authority
to make commitments of any kind for the other. This Agreement shall not
constitute, create, or in any way be interpreted as a joint venture, partnership or
formal business organization of any kind.
C-18. Vendor not Federally Employed, Fair Charges: Vendor is not currently
employed by the Federal government, and the amounts charged will not exceed
the normal charges for the type of services provided.
C-19. Worker’s Compensation: The Vendor, its sub-contractors and agents, and all
employers working under this contract are either subject employers under the
Oregon Worker's Compensation law and shall cover all subject workers pursuant
to ORS 656.017, or be exempt under ORS 656.126. As a covered employer,
Vendor shall provide Worker’s Compensation benefits to workers performing
work under this contract in accordance with Oregon law. Vendor shall require its
sub-contractors and agents to comply with this law.
C-20. Free From Tax Law And Discrimination Violations: By execution of this
contract, Vendor certifies under penalty of perjury that:
a. To the best of Vendor’s knowledge, Vendor is not in violation of any tax laws
described in ORS 305.380(4); and
b. Vendor has not discriminated against minority, women, or small business
enterprises in obtaining any required subcontract.
C-21. Employment Taxes and Workers’ Compensation Payments: Vendor is an
independent Vendor and shall be responsible for any and all taxes or Workers'
Compensation payments due as a result of this contract. Any sub-contractor or
agent hired by Vendor shall be similarly responsible.
C-22. Taxes - Federal and Local: COUNTY will not be responsible for any taxes
coming due as a result of this agreement, whether federal, state, or local. It is
agreed that the Vendor has anticipated these taxes and included them in the
proposal.
C-23. Safety Requirements: Equipment, software and services shall comply with all
Federal Occupational Safety and Health Administration (OSHA) and State of
Oregon Electrical Safety Code requirements. Vendor shall also comply with all
other applicable state and local code requirements.
C-24. Governing Law: The laws of the State of Oregon shall govern the validity,
construction and enforcement of this Contract, as well as the interpretation of the
parties’ rights and duties without reference to conflicts of laws. The parties
expressly agree that any action or proceeding involving the terms and conditions
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of this contract must be brought in the appropriate court of the State of Oregon
for Lane County.
Each party will comply with all applicable federal, state, and local laws,
regulations and rules concerning the performance of this Agreement.
The Vendor agrees that, during the performance of work under this contract, it
will comply with all applicable provisions of the administrative rules, laws and
constitution of the State of Oregon, and all applicable local rules, regulations, and
ordinances of cities, counties, municipalities, and local taxing districts.
Vendor further agrees to comply with the Civil Rights Act of 1964 (78 Stat. 252),
the Regulations of the Department of Health and Human Services issued
according to that Act, and provisions of Executive Order 11246, Equal
Employment Opportunity, dated September 24, 1965, as amended. Vendor shall
certify the existence of the Vendor’s own equal employment opportunity
programs in all non-exempt contracts between the Vendor and the COUNTY as
provided in Title I, Part 60 of the Code of Federal Regulations.
C-25. Lane Manual: The applicable provisions of the Lane Manual setting forth
standard provisions for public contracts are hereby incorporated by this reference
as set forth Lane Manual, Chapter 21.130, Standard Contract Provisions.
C-26. Prime Vendor Responsibilities: Unless otherwise stated in the RFP and this
contract, Vendor shall assume responsibility for delivery, installation and
configuration, (unless the item is usually customer installed, and COUNTY is so
notified in the proposal), and warranty and maintenance service of all software,
and support services offered in the proposal, regardless of whether Vendor is the
Vendor or the manufacturer, producer, or supplier of the equipment, software, or
support services. A contract will be awarded to the prime Vendor or Vendors. If
the prime Vendor is not capable of providing all goods or services, it is the prime
Vendor’s sole responsibility to form alliances with other firms to meet the
requirements of the RFP. The prime Vendor will be responsible for performance
of all involved parties. The COUNTY reserves the right to approve
subcontractors and any changes after the award of the contract.
C-27. Insurance:
a. Insurance and Bonding: Vendor shall provide all insurance as stipulated in
this PART, INSURANCE COVERAGES REQUIRED.
b. Certificate of Insurance: As evidence of the insurance coverage required by
this contract, the Vendor shall furnish a certificate of insurance to:
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LANE COUNTY
Information Services Department
125 E. 8th Avenue
Eugene, OR 97401-2926
This certificate must specify as Additional Insured: State of Oregon, Lane
County, its commissioners, agents, officers and employees with respect to
the activities performed under this contract and must include a notice
provision regarding cancellation. Insurance coverage required under this
contract shall be obtained from insurance companies authorized to do
business in the State of Oregon. If Vendor is self-insured under the laws of
the State of Oregon, Vendor shall provide appropriate declarations of
coverage.
c.
Continuation of Coverage: There shall be no cancellation, material change,
reduction or exhaustion of aggregate limits, or intent not to renew insurance
coverage without Vendor providing ten (10) days written notice to COUNTY.
Should any policy be canceled before final payment by Lane County to
Vendor and should Vendor fail to immediately procure other insurance as
specified, Lane County reserves the right to procure such insurance and to
deduct the cost thereof from any sum due Vendor under this contract.
d. Responsibility for Payment of Damages: Nothing contained in these
insurance requirements is to be construed as limiting the extent of the
Vendor’s responsibility for payment of damages resulting from Vendor’s
operation under this contract.
C-28. Indemnity: Vendor agrees to indemnify, defend, and hold COUNTY, its
Commissioners, agents, officers, and employees harmless from all damages,
losses and expenses including but not limited to attorney fees and to defend all
claims, proceedings, lawsuits, and judgments arising out of or resulting from the
negligence or wrongful misconduct of Vendor, its subcontractors, employees or
agents in performing or failing to perform obligations covered by this agreement.
COUNTY shall give Vendor prompt, written notice of any such claim, proceeding
or suit and shall reasonably cooperate with Vendor in its defense or settlement of
such claim or suit. Vendor shall not be required to indemnify the COUNTY to the
extent the damage, loss or expense is caused by the COUNTY’S negligent or
wrongful misconduct.
C-29. Intentionally omitted.
C-30. Force Majeure: Neither party will be liable for its non-performance or delayed
performance if caused by a Force Majeure, meaning an event, third-party, or
circumstance that is beyond a party’s reasonable control, such as an act of God,
an act of the public enemy, an act of the government, strikes or other labor
disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war,
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riots, quarantine restrictions, unusually severe weather or any other similar
cause. In every case of Force Majeure, the delay must be beyond the control
and without the fault or negligence of the Vendor or the COUNTY. If the delays
are caused by the default of a sub-contractor, and if such default rises out of
causes beyond the control of both the Vendor and its sub-contractor, and without
the fault or negligence of any of them, the Vendor will not be liable for nonperformance or delays, unless the supplies or services to be furnished by their
sub-contractors were obtainable from other sources in sufficient time to permit
the Vendor to meet the required schedule.
Each party will notify the other if it becomes aware of any Force Majeure that will
significantly delay performance. The notifying party will give such notice
promptly after it discovers the Force Majeure. If a Force Majeure occurs, the
parties will execute a change order to extend the Performance Schedule for a
time period that is reasonable under the circumstances.
C-31. Limitation of Liability: Except for indemnification amounts for patent and
copyright infringement, for personal injury, death, or property damage to the
extent caused by Vendor, Vendor’s total monetary liability, whether for breach of
contract, warranty, negligence, strict liability in tort, indemnification, or otherwise,
will be limited to the direct damages recoverable under law, but not to exceed the
contract amount. Any liability of the COUNTY shall be limited to the lesser of the
following amounts: this contract amount, Oregon Tort Claims Act limitations, or
Oregon Constitution, Article XI, Subsection 10, Limitations. ALTHOUGH THE
PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT NEITHER PARTY WILL BE LIABLE FOR ANY
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD
WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY
RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE
OF SOFTWARE, OR THE PERFORMANCE OF OBLIGATIONS BY EITHER
PARTY PURSUANT TO THIS AGREEMENT. This Limitation of Liability will
survive the expiration or termination of this Agreement. No action for breach of
this Agreement or otherwise relating to the transactions contemplated by this
Agreement may be brought more than two years after the accrual of such cause
of action.
Vendor is not an officer, employee, or agent of COUNTY as those terms are
used in ORS 30.265. Public liability and property damage insurance will be
required if so specified in the RFP, Section 7.5, Required Insurance Coverage,
and in accordance with the requirements set forth therein.
C-32. Waiver: Failure or delay by either party to exercise any right or power under this
Agreement will not operate as a waiver of such right or power. For a waiver of a
right or power to be effective, it must be in writing signed by the waiving party.
An effective waiver of a right or power shall not be construed as either (i) a future
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or continuing waiver of that same right or power, or (ii) the waiver of any other
right or power.
C-33. Non-Assign: This Contract shall not be sub-contracted or assigned without the
prior written consent of all parties hereto.
C-34. Successors in Interest: The provision of this contract shall be binding upon
and shall inure to the benefit of the parties to the contract and their respective
successors and assigns.
C-35. Award to Foreign Vendor: If the amount of this contract exceeds $10,000, and
if Vendor is not domiciled in or registered to do business in the State of Oregon,
Vendor shall promptly provide all information relative to this contract required by
the Oregon Department of Revenue to that Department. The COUNTY shall
withhold final payment under this contract until Vendor has met this requirement.
C-36. Maintenance Services: During the term of this Agreement, Vendor shall
provide the following maintenance services for equipment and software:
a. Provision and/or installation of corrections of substantial defects in the
equipment or software so that they will operate as described in the parties
agreement;
b. Provision and/or installation of periodic updates of the software incorporating:
(i) corrections of any substantial defects, (ii) fixes of any minor bugs, and (iii)
at the discretion of the Vendor and subject to the maintenance contract,
enhancements, new functionality, later versions and supplements;
c. Provision of any system documentation supporting a maintenance service
performed; and
d. Telephone support for COUNTY problem/request reporting and resolution;
and onsite support at the discretion of the Vendor.
e. Any other provisions agreed to by the parties.
C-37. Conditions, Benefits: Other Purchasing Contracting Agencies may use this
competitive selection process and contract, with no material change in terms,
conditions or prices as a basis for executing a separate agreement in their own
name with the Vendor. As a condition to this use, other Purchasing Contracting
Agencies shall be fully liable for completing an appropriate process pursuant to
ORS 279A.215, and the appropriateness of the decision to use this material
contract provisions and any protest obligations under ORS 279A.225. Any
software, materials, equipment or services sold by Vendor to such agencies shall
be ordered by, delivered to, and paid by the other Purchasing Contracting
Agencies. By acting to contract with another Purchasing Contracting Agencies,
Vendor agrees that Lane County, its Commissioners, agents, employees and
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officers are expressly indemnified and held harmless by Vendor from any claim
arising out of the use of the County's competitive process or out of the
performance or failure to perform contractual obligations of the contractor,
political subdivision, and public agency.
C-38. Authority To Execute Agreement: Each party represents to the other that (i) it
has obtained all necessary approvals, consents and authorizations to enter into
this Agreement and to perform its duties under this Agreement; (ii) the person
executing this Agreement on its behalf has the authority to do so; (iii) upon
execution and delivery of this Agreement by the parties, it is a valid and binding
contract, enforceable in accordance with its terms; and (iv) the execution,
delivery, and performance of this Agreement does not violate any bylaw, charter,
regulation, law or any other governing authority of the party.
C-39. Survivability: Termination shall not affect the rights and obligations each party
owed to the other prior to the termination date. In addition, the following
provisions shall survive the termination or expiration of this agreement:
Limitation of Liability, Disputes, Preservation of Vendor’s proprietary rights,
license of software as provided in this contract, Subsection C-16, Source Code;
confidentiality and non-disclosure; patent, copyright, infringement; indemnity,
hold harmless, and defense; legal remedies and damage limitations; and
maintenance as provided in this contract, Subsection C-36, Maintenance
Services.
C-40. Severability: If any provision of this contract or any portion of a provision, is
declared by a court of competent jurisdiction to be illegal, in conflict with any law,
invalid or otherwise unenforceable, the validity of the remaining terms and
provisions shall not be affected; and the rights and obligations of the parties shall
be construed and enforced as if the contract did not contain the particular
provision held to be invalid.
C-41. Termination: This Agreement shall continue through the contract term until
terminated as provided below. The parties may terminate this agreement, or any
part of it, by mutual agreement. In addition, the parties may terminate as
specified in a. through c. below.
a. Termination by COUNTY. COUNTY may terminate this agreement, in whole
or in part, for any or no reason on sixty (60) days written notice to Vendor and
may terminate on 30 days notice if sufficient funding or authorization to
expend funds does not exist, in the COUNTY’s discretion. The COUNTY’s
decision as to whatever sufficient funding and authorizations are available will
be accepted by Vendor as final. . In the event of termination for convenience,
COUNTY shall immediately cease use of any software or other products
provided by Vendor and shall comply with the obligations upon termination
set forth in this contract, Subsection C-41D, Obligations on Termination.
Subject to applicable limitations of liability as in Subsection C-31, COUNTY
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shall be liable for reasonable costs directly related to such termination.
Vendor, upon notification, shall take all reasonable steps to minimize
termination costs. If Vendor possesses any advance payments made by
COUNTY for services, software, products or equipment not yet provided, any
sums owed by COUNTY shall be credited, and Vendor shall pay COUNTY
any excess advance payments.
b. Termination by COUNTY for Cause. If Vendor fails to achieve final
Production acceptance in accordance with this Agreement or otherwise
breaches a material obligation under this Agreement, COUNTY may consider
Vendor to be in default, unless COUNTY or a Force Majeure causes such
failure. If COUNTY asserts a default, COUNTY will give Vendor written and
detailed notice of the default and Vendor will have thirty (30) days thereafter
to cure the default. If after following these default procedures, the Vendor
has not cured the default, COUNTY may terminate this Agreement, in whole
or in part. It may also choose to extend the period to cure if the vendor,
within the thirty (30) day cure period, both provides the COUNTY with a plan
of action acceptable to COUNTY and commences execution of the plan.
COUNTY may withhold all monies due and payable to Vendor, under this
agreement, until COUNTY accepts such a plan. These remedies shall be in
addition to, and cumulative of, any other remedy available to COUNTY, and
the exercise of this remedy by COUNTY shall not prejudice or impair the
availability to COUNTY of any other remedy at law or in equity for breach of
this Contract, subject to any contractual limitation of liability.
c.
Termination by Vendor. If COUNTY fails to pay any amount when due under
this Agreement or otherwise breaches a material obligation under this
Agreement, Vendor may consider COUNTY to be in default, unless Vendor or
a Force Majeure causes such failure. If Vendor asserts a default, it will give
COUNTY written and detailed notice of the default and COUNTY will have
thirty (30) days thereafter to cure any monetary default (including interest). If
after following these procedures, the COUNTY has not cured the default, the
Vendor may terminate this Agreement. Vendor may also choose to extend
the period to cure if the COUNTY, within the thirty (30)-day cure period, both
provides the Vendor with a plan of action acceptable to the Vendor and
commences execution of the plan. Vendor may stop work until it accepts the
plan of action to cure a non-monetary default by COUNTY. This remedy shall
be in addition to, and cumulative of, any other remedy available to Vendor,
and the exercise of this remedy by Vendor shall not prejudice or impair the
availability to Vendor of any other remedy at law or in equity for breach of this
Contract, subject to any contractual limitations of liability.
d. Obligations on Termination. Upon termination pursuant to a. through c.
above or pursuant to mutual agreement, COUNTY expressly acknowledges
and agrees that within thirty (30) calendar days following such termination,
COUNTY shall certify and warrant to Vendor, that it has destroyed or
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returned to Vendor all and every part of the software and documentation and
all copies thereof. Upon such termination, Vendor expressly acknowledges
and agrees that within thirty calendar days following such termination, Vendor
shall certify and warrant to COUNTY, that it has destroyed or returned to
COUNTY all and every part of the confidential materials and all copies
thereof.
Nothing in this Agreement shall prohibit the COUNTY from continuing to
possess and use software, documentation or other equipment which are not
subject of the partial termination.
e. Payment/Financial Obligations upon Termination. Upon termination,
COUNTY shall pay to Vendor all amounts that have actually accrued or which
are owing to Vendor as of the date of such termination in accordance with the
schedules in this agreement and reasonable business judgment. In addition,
Vendor shall reimburse COUNTY for any advance payments for services not
rendered. The parties shall agree on a mutual settlement regarding any other
payments owed either COUNTY or Vendor.
When the Agreement is terminated as in Subsection C-41. a., b., or c. above,
the parties are responsible for performing their obligations up to the date of
termination. Vendor shall deliver all software, products, equipment, and
services that it is required to provide up to the date of termination. COUNTY
shall pay Vendor all amounts actually owed to Vendor as of the date of the
termination, in accordance with the schedules in the Agreement.
C-42. Good Faith Attempt to Resolve: The parties agree to make good faith effort to
resolve any dispute prior to or during the default process.
C-43. Disputes: Vendor and COUNTY will attempt to settle any claim or controversy
between them arising from this Agreement through consultation and negotiation
in good faith and a spirit of mutual cooperation. The respective Project
Managers will confer and attempt to settle the dispute. The dispute will be
escalated to appropriate higher-level managers of the parties, if necessary.
Absent a dispute handled in accordance with this contract, Subsection C-41,
Termination, if cooperative efforts fail, the dispute will be mediated by a mediator
chosen jointly by Vendor and COUNTY within thirty days after notice by one of
the parties demanding mediation on the conditions that: (i) The location shall be
in Eugene, Oregon, (ii) Each party shall bear their own costs, witness fees, and
attorneys fees, and (iii) Joint costs for the process (e.g. filing and mediation
costs) shall be borne equally. Vendor and COUNTY will not unreasonably
withhold consent to the selection of a mediator. The parties may postpone
mediation until they have completed any mutually agreed upon, specified, and
limited discovery about the dispute.
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Any claim relating to intellectual property and any dispute that cannot be resolved
between the parties through negotiation or mediation within two months after the
date of the initial demand for mediation may then be submitted by either party to
a court of competent jurisdiction in Lane County, Oregon unless otherwise
agreed. Each party consents to jurisdiction over it by such a court. The use of
mediation will not be considered under the doctrine of laches, waiver, or estoppel
to affect adversely the rights of either party. Either party may resort to the judicial
proceedings described in this section before the expiration of the two-month, or
other agreed, period if (i) good faith efforts to resolve the dispute under these
procedures have been unsuccessful, or (ii) interim relief from the court is
necessary to prevent serious and irreparable injury to such party or any of its
affiliates, agents, employees, officers, suppliers, or sub-contractors.
C-44. Notices: Whenever under this Contract one party is required or permitted to
give notice to the other, such notice shall be deemed given when received by
personal delivery, courier or facsimile; or up to three (3) business days after the
date mailed by United States mail, certified mail, return receipt requested,
postage prepaid, and addressed as follows:
In the case of Vendor:
In the case of COUNTY:
Julie Losco
Lane County Health and Human Services
125 East Eighth Avenue
Eugene OR 97401-2926
Phone
541-682-7411
Fax
541-682-3804
E-mail
julie.losco@co.lane.or.us
C-45. Headings and Section References, Construction: The section headings in
this Agreement are inserted only for convenience and are not to be construed as
part of this Agreement or as a limitation of the scope of the particular section to
which the heading refers. This Agreement will be fairly interpreted in accordance
with its terms and conditions and not for or against either party.
C-46. Entire Agreement: This Contract, including RFP H&HS.20277 and all
amendments to it, as modified by the Vendor’s Proposal, and the Appendices
attached hereto, constitute the entire agreement between the parties with respect
to the subject matter hereof and supersedes all prior and contemporaneous
representations, understandings or agreements, whether oral or written, relating
to the subject matter hereof. All prior or contemporaneous representations,
understandings or agreements, whether oral or written, that are not expressly set
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forth within the four corners of this Contract are hereby deemed waived,
superseded and abandoned. The preprinted terms and conditions found on any
COUNTY purchase order, acknowledgment or other form will not be considered
an amendment or modification of this Agreement, even if a representative of
each party signs such document, unless explicitly otherwise agreed.
C-47. Modifications and Amendments: This Agreement may be altered, amended,
or modified only by a written instrument signed by an authorized representative
of each party.
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IN WITNESS WHEREOF, the parties have executed this contract on this
_____________ day of
__________________, 20 ___.
Company Name.
Lane County, Oregon
By:
By:
Signature
Signature
Print or Type Name
Print or Type Name
County Administrator
Title
Title
Business ID Number
Date
Date
APPROVED AS TO FORM
Date _______________ Lane County
________________________________
OFFICE OF LEGAL COUNSEL
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APPENDIX E.
MUTUAL NON-DISCLOSURE AGREEMENT
Mutual Non-Disclosure Agreement
This Non-Disclosure and Confidentiality Agreement (the “Agreement”) is made and
entered into by and between _____[company name]___ ("Contractor"), a ___[state of
operation]___ corporation, having its principal place of business at _____[street address,
City, State, Zip]___, (“__[company short name]___”) and Lane County, Oregon
(“County”), an entity having its principal place of business at 125 East Eighth Avenue,
Eugene, Oregon 97401-2926.
DEFINITION
"Confidential Information" includes, but is not limited to, know-how, trade secrets,
tools, methods, methodologies, techniques, designs, specifications, computer source
code, customer lists, pricing information, marketing plans, personnel information,
financial information and business strategies, drawings, data, software, together with
other information which, a reasonable person would conclude, is intended to remain
confidential, due to its nature or the circumstances under which it is disclosed, and any
other non-public information that either party designates as proprietary and/or
confidential pursuant to the terms herein. For purposes of this Agreement,
Confidential Information does not include protected health information as defined by
the Health Insurance Portability and Accountability Act (HIPAA). Any applicable
HIPAA confidentiality requirements will be covered under a separate agreement.
1.
Lane County is a public entity and is subject to all public records disclosure
requirements of Oregon Public Records Law.
2.
It is anticipated that each of the parties may disclose to the other various
Confidential Information. Information that a party reasonably believes meets an
Oregon Public Records exemption must be clearly and prominently labeled
“Confidential Information” in order to be deemed proprietary.
3.
Each party shall be a "Disclosing Party" with respect to Confidential
Information, which that party discloses to the other and shall be a "Receiving Party"
with respect to Confidential Information which that party receives from the other.
4.
In consideration of the disclosure of Confidential Information, a confidential
relationship is established between the parties.
5.
The County is acting through its Health & Human Services Department. The
County's use, as described in this Agreement, is intended to include County
employees and agents.
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6.
This agreement is intended only to facilitate the evaluation of information
technology products, services, documents, and information during consideration of a
future purchase, or for support of products and/or services already purchased. The
County may be requested to disclose limited data which it maintains as a public entity
in order for necessary evaluation or support functions to be accomplished. Unless
specified otherwise in writing by the County, all County data stored on County
computer systems accessible to Contractor in the performance of these activities shall
be considered Confidential Information and subject to the disclosure restrictions stated
within this Agreement. It is not the intent of the County to disclose any medical record
information about County clients as part of any evaluation or use of information
technology products and services.
7.
A Disclosing Party shall not designate as Confidential Information any materials
or information which the Disclosing Party does not with reasonable belief consider to
be proprietary and/or confidential.
8.
With respect to Confidential Information that the County provides to Contractor
under this Agreement, Contractor shall hold the Confidential Information in confidence
using the same degree of care as it normally exercises to protect its own proprietary
information. With respect to Confidential Information that Contractor provides under or
in contemplation of this Agreement, County’s obligation to maintain confidentiality is
subject to any disclosure obligations of Oregon Public Records Law, and if entitled to
confidentiality, County shall: (a) restrict disclosure and use of the Confidential
Information solely to those employees (including contract employees and consultants) of
such parties with a need-to-know, and not disclose it to any other parties, (b) advise
those employees and consultants of their obligation with respect to the Confidential
Information, (c) not copy, duplicate (except as needed for backup, testing, training.
system upgrades), or reverse engineer or compile anything provided hereunder, and (d)
the County shall use Confidential Information provided by Contractor only for the
purposes set forth in this Agreement. If County receives a request for disclosure of
information labeled confidential by Contractor pursuant to Oregon Public Records Law or
a subpoena, County will provide notice to Contractor before a response is due, and it
shall be Contractor’s responsibility to establish that such information is exempt from
disclosure. Contractor shall defend, indemnify, and hold County harmless from any
claim or administrative appeal, including costs, expenses, and any attorneys fees,
related to a request to disclose information Contractor has labeled as “Confidential
Information”.
9.
Upon the request of the Disclosing Party, the Receiving Party shall promptly
deliver to the Disclosing Party any and all documents and Information, without
retaining any copies or excerpts thereof, that contain or relate to the Disclosing Party’s
proprietary and confidential Information.
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10.
Nothing in this Agreement shall be construed to grant to the Receiving Party
any ownership or other proprietary interest in the Confidential Information. The
Receiving Party agrees that it does not acquire any title, ownership, or other
intellectual property right or license under this Agreement. Nothing in this Agreement
shall be construed as an obligation by either party to enter into a purchase contract,
subcontract or other business relationship with the other party.
11.
A Receiving Party has no obligation with respect to any Confidential Information
disclosed hereunder that: (a) was rightfully in Receiving Party's possession before
receipt from Disclosing Party other than through prior disclosure by Disclosing Party;
or (b) is or becomes a matter of general public knowledge through no breach of this
Agreement; or (c) is rightfully received by Receiving Party from a third party without an
obligation of confidentiality; or (d) is independently developed by Receiving Party; or
(e) is disclosed to third parities by the disclosing party without restriction; or (f) is
disclosed under operation of law, including Oregon Public Records law, governmental
regulation, or court order, provided Receiving Party first gives Disclosing Party notice
and a reasonable opportunity to secure confidential protection of such Confidential
Information.
12.
A Receiving Party shall not publicly disseminate evaluations or summaries of
the Confidential Information of Disclosing Party without Disclosing Party's review of
such evaluations or summaries and written authorization for their dissemination. All
materials disseminated with such authorization shall bear the Disclosing Party's
copyright notice and any other markings necessary to protect the Confidential
Information.
13.
Neither party will, without the prior written consent of the other and such
approvals, governmental or other, as may be required, use or transmit, directly or
indirectly, the Information or any portion thereof outside the United States.
14.
This agreement may not be assigned by either party without the prior written
consent of the other.
15.
The term of this agreement shall be two (2) years from the date entered into
unless subsequently incorporated, by mutual agreement, into the parties’ purchase
contract. The parties may extend this agreement, including incorporating any
applicable changes, if a purchase contract is executed within two (2) years from the
date entered into unless the parties' agree otherwise. This Agreement may also be
terminated by either party for convenience upon thirty (30) days written notice.
Termination of this Agreement for any reason shall not relieve a Receiving Party of its
obligations hereunder, and all obligations under this paragraph, and paragraphs 1, 4,
8, 9, 11, 12, 13, 15, 16, 17, 18, 19, 20 shall survive the termination of this Agreement.
16.
Except as otherwise expressly agreed by the parties in writing, upon
termination of this Agreement, a Receiving Party shall (a) immediately cease using the
Confidential Information of Disclosing Party, (b) promptly return to Disclosing Party all
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media received from Disclosing Party which contain the Confidential Information of
Disclosing Party and destroy all other copies of such Confidential Information, and (c)
promptly certify in writing Receiving Party's compliance with the terms of this Article.
17.
Contractor agrees to indemnify, defend, and hold County, its Commissioners,
agents, officers, and employees harmless from all damages, losses and expenses and
to defend all claims, proceedings, lawsuits, and judgments arising out of or resulting
from the negligence or wrongful misconduct of Contractor, its subcontractors,
employees or agents in performing or failing to perform obligations covered by this
agreement.
18.
Subject to the limitations of the Oregon Tort Claims Act and Article XI, Section
10 of the Oregon Constitution, County agrees to indemnify, defend, and hold
Contractor, its agents, officers, and employees harmless from all damages, losses and
expenses and to defend all claims, proceedings, lawsuits, and judgments arising out of
or resulting from the negligence or wrongful misconduct of County, its officers, agents,
or employees in performing or failing to perform obligations covered by this
agreement.
19.
This Agreement supercedes any prior oral or written understanding with respect
to the exchange and protection of confidential information. Except if the parties
mutually agree to incorporate this agreement into a purchase contract, this Agreement
contains the entire understanding of the parties with respect to its subject matter. In
such case, any additional terms related to exchange and protection of confidential
information that are included in a purchase contract shall be binding. No modification,
amendment, or waiver thereof shall be effective unless in writing and signed by both
parties.
20.
This Agreement shall be governed in all respects by the laws of the State of
Oregon. The parties agree to the exclusive jurisdiction of the courts of the State of
Oregon, and specifically agree that any action or proceeding involving a claim arising
from this agreement must be brought in the appropriate court in Lane County, Oregon.
21. The provisions of Lane Manual 21.130, setting forth standard public contracting
provisions, are hereby incorporated by this reference.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
duplicate originals by their duly authorized representatives.
Company Name
Lane County, Oregon
By:
By:
Signature
Signature
Print or Type Name
Print or Type Name
Title
County Administrator
Title
Business ID Number
Date
Date
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APPENDIX F.
SOFTWARE LICENSE AGREEMENT
Software License Agreement
Name of Company:_________________________ (“Licensor”) and Lane County,
Oregon (“Licensee”) hereby enter into this Software License Agreement. For good and
valuable consideration, the parties agree as follows:
Grant of License and Right to Use
Licensor retains exclusive title and ownership of all copies of the Software licensed
under this Agreement and hereby grants to Licensee a personal, non-exclusive, nontransferable, royalty free, worldwide license in perpetuity to use the Software and related
Documentation pursuant to the License terms within this Agreement. This license is
granted to Lane County for the purposes of supporting the Regional Backup Solution.
Permitted Uses
Customer may use the Software solely for the purpose of operating the Regional Backup
Solution, and for such other additional purposes authorized in the Lane County
Purchase Contract of which this software license is a part. Customer is authorized to
make reasonable copies of the Software for backup, testing, training, system upgrades,
and/or archival purposes.
Ownership
Title to all copies of Software will not pass to Licensee at any time but remains vested
exclusively in Licensor. Licensor and/or Licensor’s suppliers own and retain all of their
proprietary rights in any form concerning the Software and Documentation, including all
rights in patents, patent applications, inventions, copyrights, trade secrets, trademarks,
trade names, and other intellectual properties (including any corrections, bug fixes,
enhancements, updates, or modifications to or derivative works from the Software
whether made by Licensor or another party). Nothing in this Agreement is intended to
restrict the proprietary rights of Licensor and/or Licensor’s suppliers or to grant by
implication or estoppel any proprietary rights. All intellectual property developed,
originated, or prepared by Licensor in connection with providing to Licensee Software,
Products, or related services remain vested exclusively in Licensor, and this Agreement
does not grant to Licensee any shared development rights of intellectual property. This
Agreement does not involve any software that is a “work made for hire.” County owns
title to physical media for the software as well as all data entered into the software, and
nothing in this Agreement is intended to restrict the ownership rights of the County to the
physical media for the software or the data entered into the software.
Prohibitions
Customer shall not sell, rent, lease, sub-license, lend, time-share or transfer, in whole or
in part, or provide unlicensed third parties access to the prior or present versions of the
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Software, any updates, or to Customer's other rights under this Agreement. Customer
shall not reverse engineer, de-compile, or disassemble the Software. Customer shall
not alter or modify the Software except as authorized by this Agreement. Customer shall
not make additional copies of the Software beyond those necessary for purposes stated
by this agreement. Customer shall not remove or obscure any of the copyright or
trademark notices. Customer may not copy the Documentation that accompanies the
Software. Except as provided herein, no right is granted for the use of Software directly
by any third person.
Confidentiality
With respect to Confidential Information that Contractor provides under or in
contemplation of this Agreement, County’s obligation to maintain confidentiality is
subject to any disclosure obligations of Oregon Public Records Law, and if entitled to
confidentiality, County shall: (a) restrict disclosure and use of the Confidential
Information solely to those employees (including contract employees and consultants) of
such parties with a need-to-know, and not disclose it to any other parties, (b) advise
those employees and consultants of their obligation with respect to the Confidential
Information, (c) not copy, duplicate (except as needed for backup, testing, training.
system upgrades), or reverse engineer or compile anything provided hereunder, and (d)
the County shall use Confidential Information provided by Contractor only for the
purposes set forth in this Agreement. If County receives a request for disclosure of
information labeled confidential by Contractor pursuant to Oregon Public Records Law or
a subpoena, County will provide notice to Contractor before a response is due, and it
shall be Contractor’s responsibility to establish that such information is exempt from
disclosure. Contractor shall defend, indemnify, and hold County harmless from any
claim or administrative appeal, including costs, expenses, and any attorneys fees,
related to a request to disclose information Contractor has labeled as “Confidential
Information”.
Assignment
This Agreement shall not be subcontracted or assigned without the prior written consent
of both parties. In the event of any assignment or subcontract, Licensor will remain
responsible for all obligations as described in this Agreement. Customer shall not assign
this license or any of Customer's rights without the prior written consent of contractor.
Any purported assignment without such consent is null and void. As a condition to
granting consent, contractor may require the payment of additional licensing fees. It is
understood that the authorized user may utilize the Software on a temporary basis at
other locations without any additional fees or registration procedures, and such use will
not be deemed to be a transfer of use as long as the licensed copy is not installed on
more than one computer at a time.
Copies of the Software
Customer may make such copies of the Software as are reasonably necessary for
Customer for backup, testing, training, system upgrades, and/or archival purposes only.
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Term
The term of the license for the Software provided shall begin upon the effective date of
this Agreement and continue until such time as the System ceases to be within the
control of COUNTY or until otherwise terminated in accordance with the provisions of
this Agreement.
Return of Software Upon Termination
Upon termination of this license agreement , COUNTY expressly acknowledges and
agrees that within thirty (30) calendar days following such termination, COUNTY shall
certify and warrant to Vendor, that: (i) it has destroyed or returned to Vendor all and
every part of the software and documentation and all copies thereof. Upon termination,
Vendor expressly acknowledges and agrees that within thirty calendar days following
such termination, Vendor shall certify and warrant to COUNTY, that it has destroyed or
returned to COUNTY all and every part of the confidential materials and all copies
thereof.
Waivers
Failure or delay by either party to exercise any right or power under this Agreement will
not operate as a waiver of such right or power. For a waiver of a right or power to be
effective, it must be in writing signed by the waiving party. An effective waiver of a right
or power shall not be construed as either a future or continuing waiver of that same right
or power, or the waiver of any other right or power.
Entire Agreement and Amendment
The provisions of this Software License Agreement and the Lane County Purchase
Contract, including amendments and Exhibits, apply to the County’s use of Licensor’s
Software, and all are binding. Terms in the Lane County Purchase Contract related to
the County’s use of Software and this Software License Agreement shall be incorporated
herein, and continue in force for as long as this Software License Agreement is in effect.
The term “Vendor” shall be replaced with “Licensor” for purposes of this Software
License Agreement These terms include: C-7 (Vendor’s Personnel); C-8 (Right to
Interface); C-9 (Confidential Information); C-10 (Patent and Copyright Infringement); C11 (Title and Risk of Loss); C-12 (Preservation of Vendor’s Proprietary Rights); C-14
(Warranties); C-17 (Independent Vendor); C-19 (Workers’ Compensation); C-20 (Free
From Tax Law and Discrimination Violations); C-21 (Employment Taxes and Workers’
Compensation Payments); C-22 (Taxes); C-23 (Safety Requirements); C-25 (Lane
Manual); C-26 (Prime Vendor Responsibilities); C-27 (Insurance); C-28 (Indemnity); C30 (Force Majeure); C-34 (Successors in Interest); C-36 (Maintenance Services); C-42
(Good Faith Attempt to Resolve); C-43 (Disputes), and any Exhibits relevant to interpret
or implement these provisions.
Survivability
The following provisions from the Lane County Purchase Contract shall survive the
termination or expiration of this Agreement: C-9, C-10, C-12, C-28, C-34, C-42, and C43. The surviving terms of the parties’ Mutual Non-Disclosure Agreement, set forth in
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paragraph 15 of that agreement, shall survive the termination or expiration of this
Agreement.
Modifications
This Software License Agreement may be altered, amended, or modified only by a
written instrument signed by an authorized representative of each party, except that
Licensor may modify this Agreement as necessary to comply with applicable laws and
regulations.
Governing Law
The laws of the State of Oregon shall govern the validity, construction and enforcement
of this Agreement, as well as the interpretation of the parties’ rights and duties without
reference to conflicts of laws. The parties will comply with all applicable federal laws,
and rules concerning performance under this Agreement. The parties agree that the
venue for any action or proceeding involving terms of this contract shall be an
appropriate court in Lane County, Oregon.
Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or otherwise unenforceable, that provision will be severed and the remainder
of this Agreement will remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
duplicate originals by their duly authorized representatives.
Company Name
Lane County, Oregon
By:
By:
Signature
Signature
Print or Type Name
Print or Type Name
County Administrator
Title
Title
Business ID Number
Date
Date
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APPENDIX G.
COST PROPOSAL FORM
The cost response to this RFP shall be proposed as a firm fixed price for the complete
offering.
Cost Category
Cost
Software License Fees or Costs

Base System software to meet mandatory functional
requirements and technical specifications
$

Additional modules required or proposed, if any, to meet
mandatory functional requirements and technical specifications
$

Third Party Software, if any, required for the operation of the
system.
$
Subtotal for Software License Fees or Costs $
Annual Maintenance Fee
Subtotal for Annual Maintenance Fee $
Business Specifications

Project Management Services

Customization required or proposed, if any, to meet desirable
functional requirements and/or technical specifications

Data Conversion Services

Interface Development Services

Implementation Services, including Configuration and Testing
Support Services

Training Services
Subtotal for Business Specifications $
GRAND TOTAL $
Optional Services
Hosting Services, Annual Cost
$
Billing Services, Annual or Per Transaction Cost
$
Other (please specify)
$
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APPENDIX H.
DESCRIPTION OF SYSTEMS FOR DATA CONVERSION
The Vendor selected as a result of this RFP shall be required to convert data from three
(3) current systems in the COUNTY into the new management information system.
These three (3) systems include:
 Health Services Client Tracking System (HSCTS)
 Oregon Community Health Information Network (OCHIN)
 Communicable Database (CD)
Following is additional information about each of the three (3) systems.
Health Services Client Tracking System (HSCTS)

H&HS program(s) using current system
 Mental Health
 Alcohol, Drug and Offenders
 Public Health
 Developmental Disabilities

Description of current system
HSCTS tracks clients by enrollments into specific programs for any service or
activity provided for each client. Within Public Health, HSCTS tracks vaccines
given to each client by clinic site, vaccine manufacturer name, lot number and
injection site. For the Mental Health and Alcohol, Drug and Offenders programs,
HSCTS is also used to enroll and unenroll clients, track encounter data, and
track fee agreements (income and insurance information) and uses that
information to charge fees based on a sliding fee scale or bills the appropriate
insurance carrier. Payments from both insurance and private pay are also
posted to each client account.

Types of information currently collected
Client name, social security number, Income, insurance and responsible party
information, address, date of birth, phone number, diagnosis, referral information,
therapist, program and provider, race, gender, services provided and by whom,
and notes for additional information. . The system generates a program client
enrollment number and tracks enrollment and unenrollment dates by program
type. The system maintains information on employee providers (staff type, NPI
and Medicaid numbers, etc.) The system also maintains a complete charge
master schedule (CPT and HPIC codes and charges) as well as “combo tables”
that delineate which codes may be billed by which provider type. The system
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also maintains basic demographic information on all payers. The system does
not maintain information on contracted payment rates by payer.

System architecture
Client / server

System hardware platform
Database server.
HP NetServer LP2000r
File Server.
IBM x345
Workstations.
Dell – various models

System software operating system
Microsoft 2000 Server
Microsoft 2000 and XP client workstation

Current system Data Base Management System (DBMS) or Relational Data
Base Management System (RDBMS) / Programming Language (front end
and back end, if different)
Back End.
Oracle 8.1.7 RDBMS
Front End.
Oracle Forms & Reports 6i and Oracle PL/SQL

Are there any Microsoft .NET or Sun Java files to be converted?
No

Approximate size of current data files in this system to be converted.
Approximate size of the larger tables
Event table.
2.0 million records
Bills table.
1.5 million records
Payment table. 1.3 million records
Enrollment table. 125,000 records
Client table.
137,000 records
Approximately 250 total tables –counts for each are available on request

Current system data file format(s), if available.
Oracle tables

Are there any image or audio formats that will need to be converted?
No
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Oregon Community Health Information Network (OCHIN)

H&HS program(s) using current system
 Community Health Centers of Lane County

Description of current system
OCHIN provides its partner organizations with a customized version of the Epic
Systems EMR/PM integrated MIS platform, developed to meet the needs of CHC
& Public Health Departments. OCHIN works to automated and reduce data
capture and billing requirements to Federal/State/Private and Grant based
entities at the point of entry. Our technical service team has created HIPAA
compliant interfaces with;
 Claims:OMAP/Medicare/AHLERS/MediCal/McKesson/ClearChoice/ABHA
/EDS/Careoregon/etc
 Laboratory: QuestDiagnostics/LabCorp/Standord/OHSU
 Demographic: OMAP/Careoregon/Meditrax/OHSU/Alliance

Types of information currently collected
 Patient data
 Insurance
 Accounts
 Billing
 Encounter transaction details
 Providers

System architecture
OCHIN operates as an Application Service Provider (ASP), with all data centrally
managed and secured at our Datacenter in Portland. HSC/CHCLC accesses the
application via Citrix thin client technology.

System hardware platform
Client/Server based solution using the following components;
 Server - Sun Fire 4800 Cluster around a Hitachi Data System storage
area network (SAN)
 Client – Citrix/Microsoft thin client distribution of a VB/.NET application,
utilizing TCP socket connection to the primary database.

System software operating system
 Database - Solaris 8/9/10
 Client – Microsoft Windows Server 2000/2003 w/Citrix Presentation
Server 4.x
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Oregon Community Health Information Network (OCHIN) (continued)

Current system Data Base Management System (DBMS) or Relational Data
Base Management System (RDBMS) / Programming Language (front end
and back end, if different)
Two separate DBMS platforms: Cache for the production DBMS and Microsoft
SQL Server for the reporting solution DBMS.

Are there any Microsoft .NET or Sun Java files to be converted?
No

Approximate size of current data files in this system to be converted.
4.25 GB (uncompressed) in size.

Current system data file format(s), if available.
MS SQL Database file

Are there any image or audio formats that will need to be converted?
No
Communicable Database (CD)

H&HS program(s) using current system
 Public Health Communicable Disease
 Epidemiology
 Sexually Transmitted Disease (STD) programs

Description of current system
This is an Access based system that was developed by Multnomah County and
has been purchased by many Oregon County Health Departments including
Lane County. The system is used to track case investigations of reportable
diseases and report them to the state. The STD portion has been developed and
will be added to the same database in the near future. The information is
electronically transmitted to the state using “FileZilla”. In the future, the plan is
this information will interface with the Centers for Disease Control and
Prevention’s reporting system, the National Electronic Disease Surveillance
System (NEDSS).

Types of information currently collected
 Demographics
 CD outbreak investigations
 CD case reports
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Communicable Database (CD) (continued)
 Query for data analysis, e.g. tables, graphs, statistics

System architecture
A Microsoft Access 2000 database is located on a file server.
Users access the system via desktop shortcuts.

System hardware platform
Microsoft Windows

System software operating system
Microsoft Windows

Current system Data Base Management System (DBMS) or Relational Data
Base Management System (RDBMS) / Programming Language (front end
and back end, if different)
Microsoft Access 2000

Are there any Microsoft .NET or Sun Java files to be converted?
No

Approximate size of current data files in this system to be converted.
50 Mb

Current system data file format(s), if available.
Microsoft Access 2000

Are there any image or audio formats that will need to be converted?
No
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APPENDIX I.
DESCRIPTION OF SYSTEMS FOR INTERFACES
For the purpose of preparing proposals, Vendors shall assume the system interfaces to
the following seven (7) systems will be required for the implementation of the proposed
software solution:







AHLERS Interface
HIPAA 837 Transaction Interface
OHP Eligibility Report Interface
Minimum Data Set (MDS) Interface
Immunization Interface
Communicable Disease - Epidemiology Interface
Views Interface
Following is more detailed information related to each of these interfaces.
AHLERS Interface

Interface System Name. Ahlers WinCVR

H&HS Program(s) Using/Requiring Information from Interface
System. HSC/CHCLC

Interface System Description. Family Planning

Interface System Architecture. Client/Server

Interface System Hardware Platform
File Server. IBM x345
Workstations. Dell – various models

Interface System’s Data Base Management System (DBMS) or
Relational Data Base Management System (RDBMS) / Programming
Language (front end and back end, if different):
All COUNTY data resides in *.tps files

Is the interface uni-directional (information is sent from new system
to Interface System only), or bi-directional (information is sent from
new system to Interface System, and new system receives
information from Interface System)?
Unidirectional
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HIPAA 837 Transaction Interface

Interface System Name. Electronic Claims to PhTech

H&HS Program(s) Using/Requiring Information from Interface
System. Mental Health

Interface System Description.
A privileged user logs into a client-server application and runs a specific
application process (database package), which generates an EDI file in a
specific network location. The user then logs into a secure web site and
uploads the file to that site.

Interface System Architecture
Client-server
Oracle 6i Forms and 8i database running on Microsoft desktops and
servers

Interface System Hardware Platform
Windows 2000 Server

Interface System’s Data Base Management System (DBMS) or
Relational Data Base Management System (RDBMS) / Programming
Language (front end and back end, if different):
Oracle 8i

Is the interface uni-directional (information is sent from new system
to Interface System only), or bi-directional (information is sent from
new system to Interface System, and new system receives
information from Interface System)?
Unidirectional
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OHP Eligibility Interface

Interface System Name. OHP Eligibility Report

H&HS Program(s) Using/Requiring Information from Interface
System. Mental Health

Interface System Description
A user runs a SQL script on their desktop PC that generates an output
file. The user then logs into a secure website, makes some selections on
that web site, and uploads the file. The web page is then automatically
redrawn with client information based on the uploaded file. The user then
saves the web page’s HTML source using their browsers “save source”
ability to a specific file server location using a specific file name. The user
then runs a Perl script, which parses the HTML source for client data. The
Perl script generates the final report.

Interface System Architecture
Oracle client (SQL*Plus) software on the client as well as a Perl
interpreter and specific HTML Table parsing Perl libraries. User/system
need Internet access.

Interface System Hardware Platform. Windows Servers and Desktops

Interface System’s Data Base Management System (DBMS) or
Relational Data Base Management System (RDBMS) / Programming
Language (front end and back end, if different).
Oracle 8i

Is the interface uni-directional (information is sent from new system
to Interface System only), or bi-directional (information is sent from
new system to Interface System, and new system receives
information from Interface System)?
User driven bi-directional
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Minimum Data Set Interface

Interface System Name. Minimum Data Set (MDS)

H&HS Program(s) Using/Requiring Information from Interface
System
 Administration
 Prevention

Interface System Description
MDS captures data on the activities of the prevention team, and is
required by our funders at Oregon Department of Human Services. This
system includes types of activities/events (i.e. presentations, parent
education activities, etc); information about particular activities (dates, #
of participants, etc); and some demographic information about
participants.

Interface System Architecture

Interface System Hardware Platform

Interface System’s Data Base Management System (DBMS) or
Relational Data Base Management System (RDBMS) / Programming
Language (front end and back end, if different).
HP Intel with Windows 2003

Is the interface uni-directional (information is sent from new system
to Interface System only), or bi-directional (information is sent from
new system to Interface System, and new system receives
information from Interface System)?
Uni-directional
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Immunization Interface

Interface System Name. Human Services Immunization (HSIMM)

H&HS Program(s) Using/Requiring Information from Interface
System
 Public Health
 Communicable Disease Program
 Immunizations

Interface System Description
Two (2) separate jobs send data to the state. One (1) sends
immunization data (to ALERT) and the other sends communicable
disease data.

Interface System Architecture. Client-Server

Interface System Hardware Platform
Database Server.
HP NetServer LP2000r
File Servers.
IBM x345 plus VMWare
Workstations.
Dell (various models)

Interface System’s Data Base Management System (DBMS) or
Relational Data Base Management System (RDBMS) / Programming
Language (front end and back end, if different).
Back end.
Oracle 8.1.7 RDBMS.
Front end.
Oracle Forms & Reports 6i and Oracle PL/SQL
Communicable Diseases.
Front and Back End. MS Access. There is a module built in to the
access application that sends data to the state.

Is the interface uni-directional (information is sent from new system
to Interface System only), or bi-directional (information is sent from
new system to Interface System, and new system receives
information from Interface System)?
Immunizations.
Uni-directional
CD.
Not sure.
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Communicable Disease – Epidemiology Interface

Interface System Name. Communicable Disease Interface

H&HS Program(s) Using/Requiring Information from Interface
System. Public Health

Interface System Description
Users manage client data regarding communicable diseases in this
system. Reports are generated which are sent to the State of Oregon.

Interface System Architecture
A Microsoft Access 2000 database is located on a file server. Users
access the system via desktop shortcuts.

Interface System Hardware Platform. Windows

Interface System’s Data Base Management System (DBMS) or
Relational Data Base Management System (RDBMS) / Programming
Language (front end and back end, if different).
Microsoft Access 2000

Is the interface uni-directional (information is sent from new system
to Interface System only), or bi-directional (information is sent from
new system to Interface System, and new system receives
information from Interface System)?
Not sure.
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Views Interface

Interface System Name. Views

H&HS Program(s) Using/Requiring Information from Interface
System. All H&HS

Interface System Description
Views is a third-party vendor application used to maintain and manage
Lane County’s performance measures information.

Interface System Architecture
Views is a client server application that runs as a Windows service on its
own server. Workstations access the application through a shortcut on
the desktop.

Interface System Hardware Platform. Windows 2003 Server

Interface System’s Data Base Management System (DBMS) or
Relational Data Base Management System (RDBMS) / Programming
Language (front end and back end, if different).
Views uses a proprietary database and programmatic access is not
allowed. The Views system provides a tool to import data from a variety
of different source systems via CSV or XML files. The Views system also
has an Advanced Data Connectivity module that can connect to source
systems and call stored procedures or queries to populate the Views
system.

Is the interface uni-directional (information is sent from new system
to Interface System only), or bi-directional (information is sent from
new system to Interface System, and new system receives
information from Interface System)?
The interface is uni-directional – information is sent from the new system
to Views.
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APPENDIX J.
HIPAA BUSINESS ASSOCIATE AGREEMENT
Business Associate Agreement/Amendment
HIPAA Privacy and Security Rules
This agreement ("Agreement/Amendment") is entered into by Lane County, a political
subdivision of the State of Oregon (“County”) and _______________("Contractor").
A.
RECITALS
1.
Contractor is providing services to a County program designated as a
covered healthcare component and such services will require disclosure and use of
Protected Health Information ("PHI"), including electronic PHI, as defined by the Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”).
2.
HIPAA Privacy and Security Rules require that covered entities obtain
satisfactory assurances that its Business Associates will comply with the Business
Associate requirements of the Privacy Rule set forth in 45 CFR 164.502(e) and
164.504(e), and the Security Rule set forth in 45 CFR 164.314, and Contractor desires
to provide such business associate assurances with respect to the performance of its
obligations.
B.
DEFINITIONS
“Individual” shall have the same meaning as the term “individual” in 45 CFR
164.501 and generally means the person who is the subject of protected health
information. It also includes a person who qualifies as a personal representative
pursuant to 45 CFR 164.502(g).
“Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable
Health Information at 45 CFR Parts 160 and 164, and as these may be amended from
time to time.
“Protected Health Information” shall have the same meaning as the term
“Protected Health Information” in 45 CFR 164.501, limited to the information created,
received, or accessed by Contractor from or on behalf of the Agencies through
performance under the Contract. Generally, it relates the past, present, or future
physical or mental health or condition of an individual; the provision of health care to an
individual, or the past, present, or future payment for the provision of health care to an
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individual and identifies the individual or there is a reasonable basis to believe the
information can be used to identify the individual.
"Required by law" shall have the same meaning as the term in 45 CFR 164.501.
“Secretary” shall mean the Secretary of the federal Department of Health and
Human Services (HHS) and any other HHS officer or employee with delegated authority.
"Security Rule" shall mean the standards for security of PHI in "Subpart C Security Standards for the Protection of Electronic Protected Health Information",
beginning 45 CFR § 164.302, and particularly requirements for business associates in
45 CFR § 164.308(b) and 45 CFR § 164.314(a). The Security Rule is a subpart of the
Privacy Rule.
“Service contract” shall mean the agreement between County and the Contractor
obligating Contractor to perform certain services.
Capitalized terms, other than those defined in this Agreement/Amendment, shall
have the same meaning as those terms in the Privacy and Security Rules.
C.
USES AND DISCLOSURES IN PERFORMING SERVICES
1.
The parties agree that the following terms and conditions shall apply to
Contractor's performance of obligations under the Service Contract.
2.
Contractor is authorized to access, receive, use or disclose PHI for the
express purpose of performing the services under the Contract. Except as otherwise
expressly permitted and as limited in this Agreement/Amendment or as Required by
Law, Contractor may use or disclose PHI to perform the functions, activities or services
for, or on behalf of, the County, set forth in the Contract and provided that such use or
disclosure would not violate the Privacy or Security Rules or the applicable minimum
necessary policies of the County if done by the County. Contractor shall access,
receive, transmit, use, or disclose only the minimum necessary PHI to fulfill its
obligations to the County or as imposed by law. Further use or disclosure other than as
permitted or required by the Contract or as Required by Law is prohibited.
D.
ADDITIONAL BUSINESS ASSOCIATE OBLIGATIONS OF CONTRACTOR
1.
Contractor shall implement administrative, physical and, technical
safeguards that reasonably and appropriately protect the confidentiality, integrity, and
availability of PHI, including electronic PHI that it accesses, receives, or transmits on
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behalf of the County. Contractor agrees to use appropriate safeguards to prevent use or
disclosure of PHI other than as provided for by this Agreement/Amendment.
2.
Except as otherwise limited in this Agreement/Amendment, Contractor
may use PHI for the proper management and administration of its business or to carry
out its legal responsibilities.
3.
Except as otherwise limited in this Agreement/Amendment, Contractor
may disclose PHI for the proper management and administration of its business,
provided that disclosures are required by law, or Contractor obtains reasonable
assurances from the recipient that it will remain confidential and used or further
disclosed only as required by law or for the purpose for which it was disclosed, and the
recipient will promptly notify the Contractor of any instance of which it is aware in which
the confidentiality of the information has been breached.
4.
Contractor may use PHI to report violations of HIPAA law to certain
federal or state authorities subject to the conditions in 45 CFR §164.502(j)(1).
5.
Contractor may not aggregate or compile PHI accessed or received under
the Contract with the PHI of other entities unless this Agreement/Amendment permits
Contractor to perform Data Aggregation services. Under no circumstances may
Contractor disclose PHI of the County to another person, entity, or agency absent
express authorization of the County.
6.
Contractor agrees to report to the County any use or disclosure of PHI not
provided for by this Agreement/Amendment of which it becomes aware, as soon as
possible.
7.
Contractor agrees to mitigate, to the extent practicable, any harmful effect
that is known to Contractor of a use or disclosure of PHI by Contractor that violates the
requirements of this Agreement/Amendment. Contractor agrees to report to the County,
the remedial action taken or proposed to be taken with respect to such use or disclosure.
Contractor agrees to cooperate with the County in any mitigation efforts County requests
and deems appropriate.
8.
Contractor agrees to ensure that any agent, including any subcontractor
to whom it provides PHI or makes PHI available, executes an agreement with the same
terms, conditions, and restrictions of the use and disclosure of PHI as contained in this
Agreement/Amendment. This includes ensuring that any agent, including subcontractor,
agrees to implement reasonable and appropriate safeguards to protect electronic PHI.
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9.
The parties do not anticipate that, at any point in time, the County will be
unable to access and control PHI or that any change to PHI required below would affect
Contractor's performance under the Service Contract. However, in the event Contractor
does have access and control of PHI:
a.
At the request of the County and within five business days, and
unless directed otherwise, Contractor shall provide access of their PHI to an Individual to
meet the requirements under 45 CFR § 164.524.
b.
Contractor shall make any amendment(s) to PHI that the County
directs or agrees to pursuant to 45 CFR § 164.526 at the request of the County or an
Individual.
c.
Contractor shall document such disclosures of PHI and
information related to such disclosures as are required for the relevant County to
respond to a request by an Individual for an accounting of disclosures of PHI in
accordance with 45 CFR § 164.528. Contractor shall provide the accounting to the
County or to an Individual as directed by the County, within five business days.
d.
As to Contractor's obligations in 9. a., b., and c. above, Contractor
shall document and retain for six years from the date of creation or date last in effect,
whichever is later:
i.
The titles of the person or offices responsible for receiving
and processing requests for access, for amendments, and for accounting of disclosures;
and
ii.
The PHI that are subject to access by individuals under 45
CFR 164.524, subject to the County's direction otherwise;
iii.
The written accounting that is provided to the individual;
iv.
The information required to be included in the accounting
in paragraph (c) above.
10.
Contractor agrees to make internal practices, books, and records,
including policies and procedures relating to the use and disclosure of PHI received
from, or created or received by, or made available or accessed by Contractor on behalf
of the County, available to the County or to the Secretary within five business days or
within the time frame designated by the Secretary, for purposes of the Agencies or
Secretary determining the County's compliance with the Privacy and Security Rules, or
for audit purposes.
E.
OBLIGATIONS OF AGENCIES
1.
The County shall notify Contractor of any additional limitations, to the
extent that the limitation may affect Contractor's access, receipt, use or disclosure of PHI
of that County.
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2.
The County shall notify Contractor of any changes in, or revocation of,
permission by Individual to access, receive, use or disclose PHI, to the extent that the
changes may affect Contractor's use or disclosure of PHI.
3.
The County shall notify Contractor of any restriction to the access or use
or disclosure of PHI, that the County has agreed to in accordance with 45 CFR §
164.522, to the extent that the restriction may affect Contractor's access, receipt, use or
disclosure of protected health information.
4.
The County shall not request Contractor to use or disclose PHI in any
manner that would not be permissible under the Privacy or Security Rules if done by the
County.
F.
TERM AND TERMINATION
1.
The term of this Agreement/Amendment shall begin the date the last
party signs this Agreement/Amendment, and shall terminate when all of the PHI
provided by the County to Contractor, or created or received by Contractor on behalf of
the County, is destroyed or returned to the County, and all ability to access such
information is terminated, or if it is infeasible to return or destroy PHI, protections are
extended to the information in accordance with the termination provisions in this
Agreement/Amendment.
2.
Upon any Agency's knowledge of a material breach by Contractor or
violation of Contractor’s obligations under this Agreement/Amendment, the County may:
a.
Notify Contractor of the breach and specify a reasonable
opportunity in this notice for Contractor to cure the breach or end the violation, and
terminate this Agreement/Amendment if the Contractor does not cure the breach or end
the violation within the time specified by the Agency. The Service Contract, including
any amendments, would also be subject to termination; or
b.
Immediately terminate this Agreement/Amendment, if the
Contractor has breached a material term of this Agreement/Amendment and cure is not
possible in the County's reasonable judgment. The Service Contract, including all
amendments, would also be subject to immediate termination; or
c.
If neither termination nor cure is feasible, the County shall report
the violation to the Secretary;
d.
The County’s remedies under this Agreement/Amendment are
cumulative and the exercise of any one remedy shall not preclude the exercise of any
other.
3.
terminates.
This Agreement/Amendment terminates when the Service Contract
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RFP # H&HS.20277
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4.
Except as provided in paragraph 5 or 6 of this section, upon termination
of this Agreement/Amendment, for any reason, Contractor shall, at the County's option,
return or destroy all PHI belonging to the County, or created or received by Contractor
on behalf of the County if in Contractor's possession. This provision shall apply to PHI
that is in the possession of subcontractors or agents of Contractor. Contractor and
subcontractors or agents shall not retain any copies of the PHI.
5.
In the event that Contractor determines that returning or destroying PHI is
infeasible, Contractor shall provide to County notification of the conditions that make
return or destruction infeasible. Upon written agreement by the County that return or
destruction of PHI is infeasible, Contractor shall extend the protections of this
Agreement/Amendment to such PHI and limit further uses and disclosures of PHI to
those purposes that make the return or destruction infeasible, for so long as Contractor
maintains such PHI.
6.
If it is infeasible for the Contractor to obtain any PHI in the possession of
a subcontractor or agent, the Contractor shall provide the notification in 5 above within
five business days upon learning of the infeasibility. The Contractor shall require the
subcontractor or agent to agree to extend the protections as in 5 above.
G.
MISCELLANEOUS
1.
Nothing in this Agreement/Amendment shall be construed as requiring
the County to comply with the Security Rule requirements for covered entities prior to the
applicable federal compliance deadline.
2.
Amendment; waiver.
a.
The parties agree to take such action as is necessary to amend
this Agreement/Amendment from time to time in order for the County to comply with the
requirements of the HIPAA Privacy and Security Rules. The parties agree that any
modifications to those laws shall modify the obligations of the parties to this
Agreement/Amendment without the need for formal amendment of this
Agreement/Amendment. Any other modifications, alterations, variations, or waivers of
any provisions shall be valid only when then have been executed in writing.
b.
No provision in this Agreement/Amendment shall be deemed
waived unless in writing, and duly executed. A waiver with respect to one event shall not
be construed as continuing, or as a bar to or waiver of any other right or remedy under
this Agreement/Amendment.
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RFP # H&HS.20277
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3.
Survival. The respective rights and obligations of the parties under the
following paragraphs shall survive the termination of this Agreement/Amendment:
a.
Paragraph 9d of the section "ADDITIONAL BUSINESS
ASSOCIATE OBLIGATIONS OF CONTRACTOR"
b.
Paragraphs 4, 5, and 6 of the section "TERM AND
TERMINATION"
c.
Paragraphs 2b, 3, 4, 5, 7, 8, and 9 of the section
“MISCELLANEOUS" shall survive the termination of this Agreement/Amendment.
4.
Interpretation; order of precedence. Any ambiguity in this
Agreement/Amendment shall be resolved to permit the County to comply with HIPAA
and the regulations promulgated in support. The terms of this Agreement/Amendment
supplement the terms of the Service Contract and, whenever possible, all terms and
conditions of this Agreement/Amendment and the Service Contract are to be
harmonized. In the event of a conflict between the terms of this Agreement/Amendment
and the terms of the Service Contract, the terms of this Agreement/Amendment shall
control, provided that this Agreement/Amendment shall not supersede any other federal
or state law or regulation governing the legal relationship of the parties, or the
confidentiality of records or information, except to the extent that HIPAA preempts those
laws or regulations. In the event of any conflict between the provisions of the Service
Contract as amended by this Agreement/Amendment and the Privacy or Security Rules,
the Privacy and Security Rules shall control.
5.
Indemnity. In addition to any other indemnification obligations of
Contractor in the Contract, Contractor shall save, hold harmless, and indemnify the
County and its Commissioners, officers, employees, and agents from and against all
claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature
whatsoever resulting from or arising out of Contractor’s, or its agent’s or subcontractor’s
performance or failure to perform under this Agreement/Amendment, including but not
limited to, unauthorized use or disclosure of PHI.
6.
Insurance. Contractor shall provide a certificate of insurance establishing
coverage for Contractor’s activities under this Agreement/Amendment.
7.
Independent Contractor. Contractor will function as an independent
contractor and shall not be considered an employee of the County for any purpose.
Nothing in this Agreement/Amendment shall be interpreted as authorizing Contractor or
its agents, subcontractors and/or employees to act as an agent or representative for or
on behalf of the County.
8.
Successors and Assigns. The provisions of this Agreement/Amendment
and the Contract shall be binding upon and shall inure to the benefit of the parties and
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their respective successors and permitted assigns, if any. Neither the obligations under
this Agreement/Amendment, nor the responsibilities for providing services, shall be
assigned or delegated by Contractor without the prior written consent of the County.
9.
No Third-Party Beneficiaries. The County and Contractor are the only
parties to this Agreement/Amendment and are the only parties entitled to enforce its
terms. Nothing in this Agreement/Amendment gives, is intended to give, or shall be
construed to give or provide any benefit or right, whether directly, indirectly, or otherwise,
to any other third parties.
10.
Notices. Any notices between the parties or notices to be given under
this Agreement/Amendment shall be given in writing by personal or overnight courier
delivery, or by mailing by certified mail with return receipt requested, to Contractor or to
the County, to the addresses given for each below or to the address either party gives to
the other. Any notice so addressed and mailed shall be deemed given five days after
mailing, or by facsimile. Any notice delivered by personal or overnight courier delivery
shall be deemed given upon receipt. Any notice by facsimile shall be deemed given
upon confirmation that notice was received.
Contractor:
County:
11.
Except as Amended. Except as amended by this
Agreement/Amendment, all terms and conditions of the Service Contract, including any
prior amendments shall remain in full force and effect.
12.
Signatures. By signing the Agreement/Amendment, the parties certify
that they have read and understood this Agreement/Amendment and that they agree to
be bound by the terms of this Agreement/Amendment.
13.
This Agreement/Amendment may be executed in any number of
counterparts, all of which taken together shall constitute one agreement binding on all
parties, notwithstanding that all parties are not signatories to the same counterpart.
Each copy of this contract so executed shall constitute an original.
Contractor
County
Date:
Date:
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