Electronic_Health_Records_(Addendum_#3_Revision).pdf

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Collin County, TX

REQUEST FOR PROPOSAL

2024-280

ELECTRONIC HEALTH RECORDS

RELEASE DATE: October 22, 2024

RESPONSE DEADLINE: December 5, 2024, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Request For Proposal #2024-280 Title: Electronic Health Records

Table Of Contents

1. PURPOSE/SCOPE OF WORK

2. INTRODUCTION

3. SPECIAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. EVALUATION

6. GENERAL INSTRUCTIONS

7. TERMS OF CONTRACT

8. PROPOSAL FORMAT

9. VENDOR RESPONSE

Attachments:

A - Attachment_A_Collin_County_Requirements_10-4-24

B - Attachment B Sample -SaaS Subscription Agreement v2

C - Attachment C-Collin County IT SaaS Questionnaire 11-6

D - Attachment D-EHR RFP Pricing Sheet 11_01_2024 v2

E - Exceptions

F - CIQ Form

G - W9

H - LEGAL_NOTICE_TEMPLATE-RFP_v5-final

I - Example 1 - STD Stats

J - Example 2 - Immunizations Audit

K - Example 3 - FPCA Chart Report

L - TB-201 TB Case Suspect Management Plan 02 2018v2

M - TB-202 Initial Health Risk Assessment-History 09_2020v2

N - TB-203 TB Education-Counseling Revised 12_06_2017v2

O - TB-205 Toxicity Assessment 02 2018v2

P - TB-340 Report of Follow Up Treatment for Contacts 10 12 2011 FILLABLEv2

Q - TB-341 Continued Report of Follow Up Treatment for Contacts 10 12 11 FILLABLE 7 23 13v2

R - TB-400A 03_21_2024v2

S - TB-400B 04_2020 CCHCS Revised 03_2024v2

T - TB-425 Infectious Period Calculation April 2020v2

U - Example 1 - FPCA Chart Progress Note

V - Example 2 - TB Chart Progress Note

W - Example 3 - POPP Visit Quick Note

X - Example 4 - ePrescribed Medications Report

Y - Example 4 - Immunizations Orders Note

Z - Example 5 - Appointment Analysis Report

AA - Example 5 - STD Progress Note

BB - Example 6 - STD Charting Template

CC - Example 7 - All Clinic Appointment Report

DD - DO NOT USE Attachment D- EHR RFP Pricing Sheet 10-4-2024 (old version)

EE - DO NOT USE Attachment_B_Collin_County_SaaS_Questionnaire_08_09_2024 (OLD VERSION)

FF - DO NOT USE Attachment B -Collin_County_SaaS_Subscription_Agreementv5 (previous version)

1. PURPOSE/SCOPE OF WORK

1.1. PURPOSE/SCOPE OF WORK

The Electronic Health Record (EHR), Practice Management System (PMS), and billing system shall be an integrated cloud-based and app-based solution used by the Collin County Health Care Services (CCHCS). This solution will incorporate patient charting and tracking, patient portal, office and self-service scheduling. The system will have seamless communication between staff and patient, telehealth, reporting tools, and billing capabilities, with Public Health in mind. The successful contactor shall demonstrate a well-planned transition from the existing system and ensure that service disruptions are minimized.

The County desires that the awarded Contractor provide a turnkey installation of all systems and interfaces specified in this RFP under a single contract.

2. INTRODUCTION

2.1. Summary

The Electronic Health Record (EHR), Practice Management System (PMS), and billing system shall be an integrated cloud-based and app-based solution used by the Collin County Health Care Services (CCHCS). This solution is a digital record of patient health information developed over a period of time that is generated by one or more encounters in any care delivery setting. It is a systemic collection of electronic health information about individual patients or populations. This record is capable of being shared across different health care settings

2.2. TIMELINE

RFP Released: October 22, 2024

Deadline for Submission of Questions: October 31, 2024, 2:00pm

Response Submission Deadline: December 5, 2024, 2:00pm

Demonstrations (Estimated) : Estimated January 7, 2024

Award of RFP (Estimated): January 23, 2025

3. SPECIAL CONDITIONS

3.1. AUTHORIZATION

By order of the Commissioners Court of Collin County, Texas sealed proposals will be received for 2024-280

Electronic Health Records.

3.2. INTENT OF REQUEST FOR PROPOSAL

Collin County’s intent of this Request for Proposal (RFP) and resulting contract is to provide contractors with sufficient information to prepare a proposal for 2024-280 Electronic Health Records.

3.3. TERM

Provide for a three-year term contract with two (2), one-year renewal options to commence upon final execution of all agreements.

3.4. TRANSITIONAL PERIOD

Upon normal completion of this contract, not to include termination for default, and in the event that no new contract has been awarded by the original expiration date of the existing contract including any extension thereof, it shall be incumbent upon the Contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the original expiration date of the existing contract and any extension thereof.

3.5. POINT OF CONTACT

Information regarding the purchasing process and the contents of this RFP may be obtained from the Collin

County Department or email Cory Rogers, Senior Buyer at curogers@co.collin.tx.us.

3.6. FUNDING

Funds for payment have been provided through the Collin County budget approved by the Commissioners’

Court for this fiscal year only. State of Texas statutes prohibit the County from any obligation of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that arise past the end of the current Collin County fiscal year shall be subject to budget approval.

3.7. PRICE REDUCTION

If during the life of the contract, the offeror's net prices to its customers for the same product(s) and/or services shall be reduced below the contracted price, it is understood and agreed that the County shall receive such price reduction.

3.8. PRICE REDETERMINATION:

A price redetermination may be considered by Collin County only at the twelve (12) month, twenty-four (24) month, thirty-six (36) month and forty-eight (48) month anniversary date of the contract. Any request for redetermination will require a minimum of thirty (30) days written notice, prior to the date of the increase and all requests for price redetermination shall be in written form and shall include documents supporting price redetermination such as Manufacturer’s direct cost, postage rates, Railroad Commission rates, Federal/State minimum wage law, Federal/State unemployment taxes, F.I.C.A., Insurance Coverage Rates, etc. The Vendor’s past experience of honoring contracts at the quotation price will be an important consideration in the evaluation of the lowest and best quote. Collin County reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the County.

3.9. COMPLETION/RESPONSE TIME

Contractor shall place product(s) and/or complete services at the County’s designated location within the number of calendar days according to the schedule proposed by contractor

3.10. DELIVERY/SETUP/INSTALLATION LOCATION

Locations for delivery and installation will be stated on the Collin County Purchase Order(s). Delivery shall include assembly, setup and installation and shall be included in proposal. Below is the address for work to be completed.

825 North McDonald St. Suite 130

3.11. TESTING

Testing may be performed at the request of Collin County, by an agent so designated, without expense to

Collin County.

3.12. SAMPLES/DEMOS

When requested, samples/demos shall be furnished free of expense to Collin County.

3.13. APPROXIMATE VALUE/USAGE

Approximate usage does not constitute an order, but only implies the probable quantity the County will use.

Estimated expenditure is One-hundred eighty-four thousand ($184,000).

3.14. BACKGROUND CHECK

All Contractor employees that will be working on site or by Remote Access shall pass a background check performed by Collin County before any work may be performed. The selected contractor shall be provided the required information for background checks.

3.15. SUBCONTRACTORS

Contractor shall state names of all subcontractors and the type of work they will be performing. If a contractor fails to specify a subcontractor, then he shall be deemed to have agreed that he is fully qualified to perform the contract himself, and that he will fully perform the contract himself.

No proposer whose proposal is accepted shall (a) substitute any subcontractor, or (b) permit a subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original proposal without approval in writing from the Collin County Purchasing

Department.

The successful proposer further agrees that Collin County and its agents, servants and employees shall not be liable for any loss or damage resulting from personal injury, physical loss, harassment of or discrimination against employee or other violations of the provisions of this contract occasioned by the acts or omissions of the successful proposer’s sub-contractors, their agents or employees. The indemnification provisions of this contract shall apply to all sub-contractors.

3.16. CONFIDENTIAL OR PROPRIETARY INFORMATION

Collin County is subject to the Texas “Public Information Act”, Texas Government Code Chapter

552. Contractors shall identify those portions of their proposals that they deem to be confidential, proprietary information or trade secrets. Contractors shall clearly indicate each and every section to which this applies. It is not sufficient to preface the entire proposal with a proprietary statement. State of Texas Attorney General retains the final authority as to the extent of material that is considered proprietary or confidential.

3.17. PROPOSAL SCHEDULE

Collin County reserves the right to change the schedule of events as it deems necessary.

RFP Released: October 22, 2024

Deadline for Submission of Questions: October 31, 2024, 2:00pm

Response Submission Deadline: December 5, 2024, 2:00pm

Demonstrations (Estimated) : Estimated January 7, 2024

Award of RFP (Estimated): January 23, 2025

4. INSURANCE REQUIREMENTS

A. Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County

Purchasing Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract.

A. Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage shall not exclude or limit Products/Completed Operations, Contractual Liability, or

Cross Liability. Coverage must be written on occurrence form.

Each Occurrence $1,000,000

Personal Injury &Adv Injury $1,000,000

Products/Completed Operation Aggregate $2,000,000

General Aggregate $2,000,000

B. Workers Compensation insurance as required by the laws of Texas, and Employers’ Liability.

Employers Liability

Liability, Each Accident $500,000

Disease - Each Employee $500,000

Disease - Policy Limit $500,000

iii. Commercial Automobile Liability insurance which includes any automobile (owned, non-owned, and hired vehicles) used in connection with the contract.

Combined Single Limit - Each Accident $1,000,000

iv. Professional/Errors & Omissions Liability insurance with a two (2) year extended reporting period. If you choose to have project coverage endorsed onto your base policy, this would be acceptable.

Each Occurrence/Aggregate $1,000,000

v. Umbrella/Excess Liability insurance

Each Occurrence/Aggregate $1,000,000

vi. Cyber Liability insurance

Each Occurrence/Aggregate $2,000,000

[CONTRACTOR] shall procure and maintain Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate, for the duration of the [AGREEMENT] for claims arising out of their services and including, but not limited to loss, damage, theft, or other misuses of data, infringement of intellectual property, invasion of privacy and breach of data. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by [CONTRACTOR] in this [AGREEMENT]. It shall include, but not limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations. If [CONTRACTOR] maintains broader coverage and/or higher limits than the minimums shown above, [COUNTY] requires and shall be entitled to the broader coverage and/or higher limits maintained by [CONTRACTOR]. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to

[COUNTY]. If coverage is written on a claims made basis, then coverage shall be maintained for three (3) years after the termination of this [AGREEMENT]. Coverage shall be procured from an insurance company which carries a Best’s Policyholder rating of “A” or better and carries at least a Class “VIII” financial rating.

[CONTRACTOR] shall provide certificate(s) of insurance confirming the required coverage on the standard

Acord insurance certificate forms.

Additionally, Collin County does not allow a limitations clause that limits the amount of damages to an amount below the required cyber liability insurance. The vendor shall be responsible for Collin County’s data if they are breached, regardless of negligence. It shall not be the county’s responsibility to prove negligence.

B. With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows:

1. A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be provided for General Liability, Commercial Automobile Liability, and Workers’ Compensation.

2. The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy.

3. All insurance policies shall be endorsed to require the insurer to immediately notify Collin County of any decrease in the insurance coverage limits.

4. All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty (30) days notice prior to cancellation, non-renewal or termination of the policy.

5. All copies of Certificates of Insurance shall reference the project/contract number.

C. All insurance shall be purchased from an insurance company that meets the following requirements:

1. A financial rating of A-VII or higher as assigned by the BEST Rating Company or equivalent.

D. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following:

1. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

2. Sets forth the notice of cancellation or termination to Collin County.

5. EVALUATION

The award of the contract shall be made to the responsible proposer whose proposal is determined to be the best evaluated offer resulting from negotiation, taking into consideration the relative importance of price and other factors set forth in the Request for Proposal (RFP) in accordance with Local Government 262.030.

The Evaluation Committee will review all proposals received by the closing date and time as part of a documented evaluation process. For each decision point in the process, the County will evaluate proposers according to specific criteria and will elevate a certain number of proposers to compete against each other.

The County will use a competitive process based upon “selection levels”. The County recognizes that if a proposer fails to meet expectations during any part of the process, it reserves the right to proceed with the remaining proposers or to elevate a proposer that was not elevated before. The selection levels are described in the following sections.

LEVEL 1 – CONFORMANCE WITH MANDATORY REQUIREMENTS

The first part of the evaluation process is to validate the completeness of the proposal and ensure that all the

RFP guidelines and submittal requirements are met. At the County’s discretion, proposers may be contacted to submit clarifications or additional information within two (2) business days. Criteria assessed during Level

1:

• Conformance with RFP guidelines and submittal requirements.

LEVEL 2 – DETAILED PROPOSAL ASSESSMENT (Maximum 85 Points)

The Evaluation Committee will conduct a detailed assessment of all proposals elevated to this level. Proposers elevated to Level 2 may be asked to respond in writing to issues and questions raised by the County, as well as any other cost and implementation planning considerations in the proposal. Please see Level 2 chart below for detailed evaluation criteria and scoring.

• It is anticipated that the Evaluation Committee will elevate proposals scoring at least 60 points (70%) to Level 3.

LEVEL 3 – COST (Maximum 25 Points)

Proposers who are elevated to level 3 will have their points combined from level 2 for a maximum of 110 points total. Cost will be evaluated based on responses to Attachment D Pricing Sheet.

LEVEL 4 –REFERENCES, DEMONSTRATIONS, AND INTERVIEWS (Maximum 30 Points)

The Evaluation Committee may hear oral presentations (if desired). Proposers are cautioned, however, that oral presentations are at the sole discretion of the committee and the committee is not obligated to request a demonstration or interview. The oral presentation is an opportunity for the Evaluation Committee to ask questions and seek clarification of the proposal submitted. The presentation is not meant as an opportunity for the proposer to simply provide generic background information about the corporation or its experience. Thus, the time will be structured with a minimum time for the proposer to present and the majority of time dedicated to addressing questions from the Evaluation Committee. The oral presentations, if held, will be scheduled accordingly and all presenting proposers will be notified of time and date. The County reserves the right to waive the demonstration and interview portion of Level 4 in the evaluation process.

Please see Level 4 chart below for detailed evaluation criteria and scoring.

• Proposals may be re-evaluated based upon criteria in Level 2.

LEVEL 5 –BEST AND FINAL OFFER

Proposers who are susceptible of receiving award may be elevated to Level 5 for Best and Final

Offer. Proposers will be asked to respond in writing to issues and questions raised by the County, as well as any other cost and implementation planning considerations in the proposal and may be invited to present their responses on-site. Proposals may be reevaluated based upon criteria in Level 2 though 4.

Based on the result of the Best and Final Offer evaluation, a single or multiple proposer/s will be identified as the finalist for contract negotiations. If a contract cannot be reached after a period of time deemed reasonable by the County, it reserves the right to contact any of the other proposers who have submitted proposals and enter into negotiations with them. The County further reserves the right to award a primary, secondary, and tertiary vendor to this contract.

Level 2 - DETAILED PROPOSAL ASSESSMENT

No. Evaluation Criteria Scoring Method Weight (Points)

1. General Requirements:

Please review and complete Attachment A

Requirements and Attachment C Collin County

SaaS Questionnaire

Points Based 30 (35.3% of Total)

2. Firm Overview:

See Vendor Response section 2. Firm Overview

Points Based 20 (23.5% of Total)

3. Value Added Services

See Vendor Response section 7.2. Value Added

Services

Points Based 20 (23.5% of Total)

4. Proposed Personnel

See Proposal Format section 8.3 Proposed

Personnel

Points Based 5 (5.9% of Total)

5. Approach to Project

See Proposal Format section 8.4 Approach to

Project.

Points Based 5 (5.9% of Total)

6. Billing:

See Vendor Response section 7.1. Billing

Provide invoice sample and explanation of your billing procedures. Include any software that may be used, how often billing occurs, and the process for correcting errors.

Points Based 5 (5.9% of Total)

LEVEL 3 - COST

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cost

Please complete and upload Attachment D

Pricing Sheet

Points Based 25 (100% of Total)

Phase 4 - REFERENCES, DEMONSTRATIONS, AND INTERVIEWS (OPTIONAL)

No. Evaluation Criteria Scoring Method Weight (Points)

1. Demonstrations:

The Evaluation Committee may conduct visual demonstrations (if desired). Proposers are cautioned, however, that visual demonstrations are at the sole discretion of the committee and the committee is not obligated to request a demonstration or interview. The visual demonstrations are an opportunity for the Evaluation Committee to ask questions and seek clarification of the proposal submitted. The presentation is not meant as an opportunity for the proposer to simply provide generic background information about the corporation or its experience. Thus, the time will be structured with a minimum time for the proposer to present and the majority of time dedicated to addressing questions from the Evaluation Committee. The visual demonstrations if held, will be scheduled accordingly and all presenting proposers will be notified of time and date. The County reserves the right to waive the demonstration and interview portion of Level 4 in the evaluation process.

Points Based 20 (66.7% of Total)

2. References:

Please follow- Vendor Response section 8.

Other Questions/Documents (8.10-8.12)

*The County reserves the right to contact references other than those listed, and to consider any information acquired from all references during the evaluation process.

Reference checks indicating poor or failed performance by vendor may be cause for rejection of the response submitted.

References in EHR in Texas are preferred.

*The County may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the Proposal.

Points Based 10 (33.3% of Total)

6. GENERAL INSTRUCTIONS

Definitions

A. Offeror: refers to submitter.

B. Vendor/Contractor/Provider: refers to a Successful Vendor/Contractor/Service Provider.

C. Submittal: refers to those documents required to be submitted to Collin County, by an Offeror.

D. RFP: refers to Request for Proposal.

E. CSP: refers to Competitive Sealed Proposal

A. If Offeror does not wish to submit an offer at this time, please submit a No Bid.

B. Awards shall be made not more than ninety (90) days after the time set for opening of Submittals.

C. Collin County is always conscious and extremely appreciative of your time and effort in preparing your

Submittal.

D. Collin County exclusively uses OpenGov eProcurement Portal for the notification and dissemination of all solicitations. The receipt of solicitations through any other company may result in your receipt of incomplete specifications and/or addenda which could ultimately render your Submittal non-compliant. Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other company.

E. A Submittal may not be withdrawn or canceled by the Offeror prior to the ninety-first (91st) day following public opening of Submittals and only prior to award.

F. It is understood that Collin County, Texas reserves the right to accept or reject any and/or all

Proposals/Submittals for any or all products and/or services covered in a Request For Proposal (RFP) and Competitive Sealed Proposal (CSP), and to waive informalities or defects in Submittals or to accept such Submittals as it shall deem to be in the best interest of Collin County.

G. All RFPs and CSPs submitted in hard copy paper form shall be submitted in a sealed envelope, plainly marked on the outside with the RFP/CSP number and name. A hard copy paper form Submittal shall be manually signed in ink by a person having the authority to bind the firm in a contract. Submittals shall be mailed or hand delivered to the Collin County Purchasing Department.

H. Submittals via email, oral, telegraphic or telephonic will not be accepted. RFPs and CSPs may be submitted in electronic format via Collin County eProcurement Portal.

I. All RFPs and CSPs submitted electronically via Collin County eProcurement Portal. shall remain locked until official date and time of opening as stated in the Special Terms and Conditions of the RFP and/or CSP.

J. Time/date stamp clock in Collin County Purchasing Department shall be the official time of receipt for all RFPs and CSPs submitted in hard copy paper form only, no flash drives, CD-ROMs or any other form of “plug and play” portable storage device will be accepted as a Submittal. RFPs, and CSPs received in the Collin County Purchasing Department after submission deadline shall be considered void and unacceptable. Absolutely no late Submittals will be considered. Collin County accepts no responsibility for technical difficulties related to electronic Submittals.

K. For hard copy paper form Submittals, any alterations made prior to opening date and time must be initialed by the signer of the RFP/CSP, guaranteeing authenticity. Submittals cannot be altered or amended after submission deadline.

L. Collin County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the prices submitted shall not include taxes.

M. Any interpretations, corrections and/or changes to a RFP or CSP and related Specifications or extensions to the opening/receipt date will be made by addenda to the respective document by the

Collin County Purchasing Department. Questions and/or clarification requests must be submitted no later than the date specified in the solicitation. Those received at a later date may not be addressed prior to the public opening. Sole authority to authorize addenda shall be vested in Collin County

Purchasing Agent as entrusted by the Collin County Commissioners Court. Addenda may be transmitted electronically via Collin County eProcurement Portal.

1. Addenda will be transmitted to all that are known to have received a copy of the RFP/CSP and related Specifications. However, it shall be the sole responsibility of the Bidder/Quoter/Offeror to verify issuance/non-issuance of addenda and to check all avenues of document availability (i.e.

https://procurement.opengov.com/portal/collincountytx telephoning Purchasing Department directly, etc.) prior to opening/receipt date and time to insure Offeror’s receipt of any addenda issued. Offeror shall acknowledge receipt of all addenda.

N. All materials and services shall be subject to Collin County approval.

O. Collin County reserves the right to make award in whole or in part as it deems to be in the best interest of the County.

P. Any reference to model/make and/or manufacturer used in specifications is for descriptive purposes only. Products/materials of like quality will be considered.

Q. Offerors taking exception to the specifications shall do so at their own risk. By offering substitutions, Offeror shall state these exceptions in the section provided in the RFP/CSP or by attachment. Exception/substitution, if accepted, must meet or exceed specifications stated therein. Collin County reserves the right to accept or reject any and/or all of the exception(s)/substitution(s) deemed to be in the best interest of the County.

R. Minimum Standards for Responsible Prospective Offerors: A prospective Offeror must meet the following minimum requirements:

1. have adequate financial resources, or the ability to obtain such resources as required;

2. be able to comply with the required or proposed delivery/completion schedule;

3. have a satisfactory record of performance;

4. have a satisfactory record of integrity and ethics;

5. be otherwise qualified and eligible to receive an award.

Collin County may request documentation and other information sufficient to determine Offeror’s ability to meet these minimum standards listed above.

S. Vendor shall bear any/all costs associated with its preparation of a RFP/CSP Submittal.

T. Public Information Act: Collin County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. All information submitted by prospective Offerors during the solicitation process is subject to release under the Act.

U. The Offeror shall comply with Commissioners Court Order No. 2004-167-03-11, County Logo Policy.

V. Interlocal Agreement: Successful Offeror agrees to extend prices and terms to all entities that has entered into or will enter into joint purchasing interlocal cooperation agreements with Collin

County. Delivery to governmental entities located within Collin County will be at no additional charge or as otherwise provided for in the award document. Delivery charges, if any, for governmental entities located outside of Collin County shall be negotiated between the Vendor and each governmental entity.

W. Bid Openings: All bids submitted will be read at the County’s regularly scheduled bid opening for the designated project. However, the reading of a bid at bid opening should be not construed as a comment on the responsiveness of such bid or as any indication that the County accepts such bid as responsive.

The County will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, Collin County Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The County will notify the successful Offeror upon award of the contract and, according to state law; all bids received will be available for inspection at that time.

X. Offeror shall comply with all local, state and federal employment and discrimination laws and shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or any other class protected by law.

7. TERMS OF CONTRACT

A. A proposal, when properly accepted by Collin County, shall constitute a contract equally binding between the Vendor/Contractor/Provider and Collin County. No different or additional terms will become part of this contract with the exception of an Amendment.

B. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Amendments to the contract will be made in writing by Collin County Purchasing Agent.

C. No public official shall have interest in the contract, in accordance with Local Government Code Title 5, Subtitle C, Chapter 171.

D. The Vendor/Contractor/Provider shall comply with Commissioners’ Court Order No. 96-680-10-28, Establishment of Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials &

County Employees.

E. Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

F. Proposals must comply with all federal, state, county and local laws concerning the type(s) of product(s)/service(s)/equipment/project(s) contracted for, and the fulfillment of all ADA (Americans with Disabilities Act) requirements.

G. All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Obsolete products, including products or any parts not compatible with existing hardware/software configurations will not be accepted.

H. Vendor/Contractor/Provider shall provide any and all notices as may be required under the Drug-Free

Work Place Act of 1988, 28 CFR Part 67, Subpart F, to its employees and all sub-contractors to insure that Collin County maintains a drug-free work place.

I. Vendor/Contractor/Provider shall defend, indemnify and save harmless Collin County and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, claims, actions, damages (including personal injury and or property damages), or demands of any character, name and description, (including attorneys’ fees, expenses and other defense costs of any nature) brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of Vendor/Contractor/Provider’s breach of the contract arising from an award, and/or any negligent act, error, omission or fault of the

Vendor/Contractor/Provider, or of any agent, employee, subcontractor or supplier of

Vendor/Contractor/Provider in the execution of, or performance under, any contract which may result from an award. Vendor/Contractor/Provider shall pay in full any judgment with costs, including attorneys’ fees and expenses which are rendered against Collin County and/or participating entities arising out of such breach, act, error, omission and/or fault.

J. Expenses for Enforcement. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection.

K. If a contract, resulting from a Collin County RFP/CSP is for the execution of a public work, the following shall apply:

1. In accordance with V.T.C.A. 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Payment Bond if the contract is in excess of $25,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular

Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

2. In accordance with V.T.C.A. 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Performance Bond if the contract is in excess of $100,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular

Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

L. Purchase Order(s) shall be generated by Collin County to the vendor. Collin County will not be responsible for any orders placed/delivered without a valid purchase order number.

M. The contract shall remain in effect until any of the following occurs: delivery of product(s) and/or completion and acceptance by Collin County of product(s) and/or service(s), contract expires or is terminated by either party with thirty (30) days written notice prior to cancellation and notice must state therein the reasons for such cancellation. Collin County reserves the right to terminate the contract immediately in the event the Vendor/Contractor/Provider fails to meet delivery or completion schedules, or otherwise perform in accordance with the specifications. Breach of contract or default authorizes the County to purchase elsewhere and charge the full increase in cost and handling to the defaulting Vendor/Contractor/Provider.

N. Collin County Purchasing Department shall serve as Contract Administrator or shall supervise agents designated by Collin County.

O. All delivery and freight charges (FOB Inside delivery at Collin County designated locations) are to be included as part of the proposal price. All components required to render the item complete, installed and operational shall be included in the total proposal price. Collin County will pay no additional freight/delivery/installation/setup fees.

P. Vendor/Contractor/Provider shall notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If delay is foreseen, the Vendor/Contractor/Provider shall give written notice to the Purchasing Agent. The County has the right to extend delivery/completion time if reason appears valid.

Q. The title and risk of loss of the product(s) shall not pass to Collin County until Collin County actually receives and takes possession of the product(s) at the point or points of delivery. Collin County shall generate a purchase order(s) to the Vendor/Contractor/Provider and the purchase order number must appear on all itemized invoices.

R. Invoices shall be mailed directly to the Collin County Auditor's Office, 2300 Bloomdale Road, Suite

3100, McKinney, Texas 75071. All invoices shall show:

1. Collin County Purchase Order Number;

2. Vendor’s/Contractor’s/Provider’s Name, Address and Tax Identification Number;

3. Detailed breakdown of all charges for the product(s) and/or service(s) including applicable time frames.

S. Payment will be made in accordance with Government Code, Title 10, Subtitle F, Chapter 2251.

T. All warranties shall be stated as required in the Uniform Commercial Code.

U. The Vendor/Contractor/Provider and Collin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

V. The Vendor/Contractor/Provider agree to protect Collin County from any claims involving infringements of patents and/or copyrights.

W. The contract will be governed by the laws of the State of Texas. Should any portion of the contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract shall remain in effect. The contract is performable in Collin County, Texas.

X. The Vendor/Contractor/Provider shall not sell, assign, transfer or convey the contract, in whole or in part, without the prior written approval from Collin County.

Y. The apparent silence of any part of the specification as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specification shall be made on the basis of this statement.

Z. Vendor/Contractor/Provider shall not fraudulently advertise, publish or otherwise make reference to the existence of a contract between Collin County and Vendor/Contractor/Provider for purposes of solicitation. As exception, Vendor/Contractor/Provider may refer to Collin County as an evaluating reference for purposes of establishing a contract with other entities.

AA. The Vendor/Contractor/Provider understands, acknowledges and agrees that if the

Vendor/Contractor/Provider subcontracts with a third party for services and/or material, the primary

Vendor/Contractor/Provider (awardee) accepts responsibility for full and prompt payment to the third party. Any dispute between the primary Vendor/Contractor/Provider and the third party, including any payment dispute, will be promptly remedied by the primary vendor. Failure to promptly render a remedy or to make prompt payment to the third party (subcontractor) may result in the withholding of funds from the primary Vendor/Contractor/Provider by Collin County for any payments owed to the third party.

BB. Vendor/Contractor/Provider shall provide Collin County with diagnostic access tools at no additional cost to Collin County, for all Electrical and Mechanical systems, components, etc., procured through this contract.

CC. Criminal History Background Check: If required, ALL individuals may be subject to a criminal history background check performed by Collin County prior to access being granted to Collin County facilities.

Upon request, Vendor/Contractor/Provider shall provide list of individuals to the Collin County

Purchasing Department within five (5) working days.

DD. Non-Disclosure Agreement: Where applicable, vendor shall be required to sign a non-disclosure agreement acknowledging that all information to be furnished is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by vendor, except as provided in the contract/agreement, may cause serious harm or damage to Collin County. Therefore, Vendor agrees that Vendor will not use the information furnished for any purpose other than that stated in contract/agreement, and agrees that Vendor will not either directly or indirectly by agent, employee, or representative disclose this information, either in whole or in part, to any third party, except on a need to know basis for the purpose of evaluating any possible transaction. This agreement shall be binding upon Collin County and Vendor, and upon the directors, officers, employees and agents of each.

EE. Vendors/Contractors/Providers must be in compliance with the Immigration and Reform Act of 1986 and all employees specific to this solicitation must be legally eligible to work in the United States of

America.

FF. Certification of Eligibility: This provision applies if the anticipated Contract exceeds $100,000.00 and as it relates to the expenditure of federal grant funds. By submitting a bid or proposal in response to this solicitation, the Offeror certifies that at the time of submission, he/she is not on the Federal

Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of proposal submission and time of award, the Offeror will notify the Collin

County Purchasing Agent. Failure to do so may result in terminating this contract for default.

GG. Notice to Vendors/Contractors/Providers delivering goods or performing services within the

Collin County Detention Facility: The Collin County Detention Facility houses persons who have been charged with and/or convicted of serious criminal offenses. When entering the Detention Facility, you could: (1) hear obscene or graphic language; (2) view partially clothed male inmates; (3) be subjected to verbal abuse or taunting; (4) risk physical altercations or physical contact, which could be minimal or possibly serious; (5) be exposed to communicable or infectious diseases; (6) be temporarily detained or prevented from immediately leaving the Detention Facility in the case of an emergency or “lockdown”;

and (7) subjected to a search of your person or property. While the Collin County Sheriff’s Office takes every reasonable precaution to protect the safety of visitors to the Detention Facility, because of the inherently dangerous nature of a Detention Facility and the type of the persons incarcerated therein, please be advised of the possibility of such situations exist and you should carefully consider such risks when entering the Detention Facility. By entering the Collin County Detention Facility, you acknowledge that you are aware of such potential risks and willingly and knowingly choose to enter the

Collin County Detention Facility.

HH.Delays and Extensions of Time when applicable:

1. If the Vendor/Contractor/Provider is delayed at any time in the commence or progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the

Vendor/Contractor/Provider's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Owner or Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the

Owner/Architect/Enginner may determine.

2. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that the weather conditions had an adverse effect on the scheduled construction.

II. Disclosure of Certain Relationships: Chapter 176 of the Texas Local Government Code requires that any vendor considering doing business with a local government entity disclose the vendor’s affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter

6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists. By law this questionnaire must be filed with the records administrator of Collin County no later than the

7th business day after the date the vendor becomes aware of an event that requires the statement to be filed. A vendor commits an offense if the vendor knowingly violates the code. An offense under this section is a misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Please send completed forms to the Collin County County Clerk's Office located at 2300 Bloomdale Rd., Suite 2104, McKinney, TX 75071.

JJ. Disclosure of Interested Parties: Section 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. Section 2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. Section 2252.908 applies only to a contract entered into on or after January 1, 2016.

KK. Vendors/Contractors/Providers must be in compliance with the provisions of Section 2252.152 and

Section 2252.153 of the Texas Government Code which states, in part, contracts with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with a company that is listed on the Comptroller of the State of Texas website identified under Section 806.051, Section 807.051 or Section 2253.253 which do business with Iran, Sudan or any Foreign Terrorist Organization. This Act is effective

September 1, 2017.

LL. Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force

Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

NOTE: All other terms and conditions (i.e. Insurance Requirements, Bond Requirements, etc.) shall be stated in the individual RFP/CSP Solicitation documents as Special Terms, Conditions and Specifications.

8. PROPOSAL FORMAT

8.1. PROPOSAL DOCUMENTS

To achieve a uniform review process and to obtain a maximum degree of comparability, the proposal shall, at a minimum include a Table of Contents detailing sections and corresponding page numbers.

A. Proposals may be submitted online via https://procurement.opengov.com/portal/collincountytx/projects/107120 or submitted via CD-ROM or Flash Drive. Electronic submissions are preferred.

B. If submitting manually, proposal shall be submitted in a sealed envelope or box with RFP name, number, and name of firm printed on the outside of the envelope or box. Manual submittals shall be sent/delivered to the following address and shall be received prior to the date/time for opening:

Collin County Purchasing

2300 Bloomdale, Suite 3160

McKinney, TX 75071

Paper copies shall be printed on letter size (8 ½ x 11) paper and assembled using spiral type bindings, staples, or binder clips. Do not use metal-ring hard cover binders. Manual submittals shall include an electronic copy in a searchable format.

It shall be the responsibility of the contractor to insure that their proposal reaches Collin County Purchasing prior to the date/time for the opening no matter which submission method is used.

Proposal shall include but not be limited to information on each of the following:

8.2. FIRM OVERVIEW

Contractor shall define the overall structure of the Firm to include the following:

A. A descriptive background of your company’s history.

B. State your principal business location and any other service locations.

C. State the address and normal business hours of your local service location and list the number of technical support personnel assigned to this work location. Should a service location not exist in the

Collin County region please list your nearest service location to the county.

D. What is your primary line of business?

E. How long have you been selling product(s) and/or providing service(s)?

F. State the number and location of installations where your services are in use.

G. Does your solution require third party software? If yes, explain.

https://procurement.opengov.com/portal/collincountytx/projects/107120

H. Describe plan to keep Collin…