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  • 1. COUNTY OF ALAMEDA REQUEST FOR PROPOSAL No. 900453 SPECIFICATIONS, TERMS & CONDITIONS For ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW NETWORKING/BIDDERS CONFERENCES At 10:00 a.m. 2:00 p.m. on on December 10, 2008 December 11, 2008 At At General Services Agency Dublin Public Library Room 1107 (11th Floor) Program Room 1401 Lakeside Drive 200 Civic Plaza Oakland, California 94612 Dublin, CA 94568 For complete information regarding this project see RFP posted at http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp or contact the person listed below. Thank you for your interest! Contact Person: Daniel H. Mermelstein, Senior Contracts Specialist Phone Number: (510) 208-9619 E-mail Address: dan.mermelstein@acgov.org RESPONSE DUE By 2:00 p.m. On JANUARY 23, 2009 At Alameda County, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612 1401 LAKESIDE DRIVE, SUITE 907, OAKLAND, CALIFORNIA 94612 510 208 9600 FAX 510 208 9626 www.acgov.org/gsa /home/pptfactory/temp/20100531115340/for-more-information1272.doc
  • 2. Specifications, Terms & Conditions for (RFP 900453) COUNTY OF ALAMEDA REQUEST FOR PROPOSAL No. 900453 SPECIFICATIONS, TERMS & CONDITIONS For ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW TABLE OF CONTENTS Page 1 of 2 Page I. ACRONYM AND TERM GLOSSARY..........................................................5 II. STATEMENT OF WORK A. Intent.......................................................................................................6 B. Scope.......................................................................................................6 C. Vendor Qualification / Specific Requirements…………………….........7 D. Specific billing Requirements...………………………………….………8 III. INSTRUCTIONS TO BIDDERS E. Debarment and Suspension……………………………………………..10 F. County Contacts………………………………………………………...10 G. Calendar of Events.................................................................................11 H. Networking/Bidders Conference............................................................12 I. Submittal of Bids...................................................................................13 J. Response Format...................................................................................15 K. Evaluation Criteria/Selection Committee................................................15 L. Contract Evaluation and Assessment......................................................20 M. Notice of Award....................................................................................20 N. Bid Protest / Appeals Process.................................................................21 IV. TERMS AND CONDITIONS O. Term / Termination / Renewal...............................................................22 P. Pricing...................................................................................................22 Q. Award....................................................................................................23 R. Method of Ordering...............................................................................24 S. Invoicing...............................................................................................24 T. County Provisions..................................................................................25 U. Online Contract Compliance Management System.................................27 V. Compliance Information and Records....................................................29 W. Account Manager/Support Staff.............................................................29 X. General Requirements............................................................................29 Page 4 of 29
  • 3. Specifications, Terms & Conditions for (RFP 900453) COUNTY OF ALAMEDA REQUEST FOR PROPOSAL No. 900453 SPECIFICATIONS, TERMS & CONDITIONS For ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW TABLE OF CONTENTS Page 2 of 2 ATTACHMENTS Exhibit A – Acknowledgement Exhibit B – Bid Form Exhibit C – Insurance Requirements Exhibit D1 – Current References Exhibit D2 – Former References Exhibit E – SLEB Certification Application Package Exhibit F – Small and Local Business Subcontracting Information Exhibit G – Request for Small and Local or Emerging Preference Exhibit H – First Source Agreement Exhibit I – Exceptions, Clarifications, Amendments Exhibit J – Standard Agreement Contract Draft Exhibit K – Environmental Certification intentionally omitted Exhibit L – RFP Vendor Bid List Exhibit M – Response/Content Submittal; Completeness Check List Exhibit N – Debarment and Suspension Certification I. ACRONYM AND TERM GLOSSARY Unless otherwise noted, the terms below may be upper or lower case. Acronyms will always be uppercase. Bid Shall mean the bidders’/contractors’ response to this Request Bidder Shall mean the specific person or entity responding to this RFP Board Shall refer to the County of Alameda Board of Supervisors CSC Shall refer to County Selection Committee Contractor When capitalized, shall refer to selected bidder that is awarded a contract County When capitalized, shall refer to the County of Alameda Federal Refers to United States Federal Government, its departments and/or agencies F.O.B Shall mean without charge for delivery to destination and placing on Page 5 of 29
  • 4. Specifications, Terms & Conditions for (RFP 900453) board a carrier at a specified point (Free On Board) Proposal Shall mean bidder/contractor response to this RFP PO Shall refer to Purchase Order(s) Quotation Shall mean bidder’s response to this RFQ Request for Proposal Shall mean this document, which is the County of Alameda’s request for contractors’/bidders’ proposal to provide the goods and/or services being solicited herein. Also referred herein as RFP. Response Shall refer to bidder’s proposal or quotation submitted in reply to RFP RFP Request for Proposal RFQ Request for Quotation SLEB Small Local Emerging Business State Refers to State of California, its departments and/or agencies II. STATEMENT OF WORK A. INTENT The intent of this Request for Proposal (RFP) is to search for qualified vendors who are interested in providing the County of Alameda (County) with on-call legal services in the areas of cable television, video services, and telecommunications policy and regulation (Services). The County Administrator’s Office may award a three (3) year contract, with an option to renew for two one (1) year extensions to the bidder selected as best capable of meeting the County’s requirements. B. SCOPE County requires legal counsel, in coordination with the Office of County Counsel, on cable television, video services and telecommunications issues: 1. Updates to County’s Video Service Franchises mandate, as stated in the County’s General Ordinance Code, Chapter 3.17, in compliance with the California Digital Infrastructure and Video Competition Act of 2006; 2. Enforcement of the County’s Cable Communication and Video Services Ordinance; 3. Annual periodic review of Cable Rates, Franchisee Performance, including customer service, (possibly annually), and Franchise Fee Audits (approximately every 3 years) and, if necessary, related enforcement activities; 4. The negotiation and preparation of franchise documents, compliance with requirements of the public hearing process, development or review of franchise agreements with telecommunication companies as needed, upon approval by the Board of Supervisors; Page 6 of 29
  • 5. Specifications, Terms & Conditions for (RFP 900453) 5. Review of telecommunication, cable, or video applications for the use of right of way, and if necessary, the negotiation and enforcement of franchise agreements; 6. Other inquiries from cable, video or telecommunications applicants regarding access to and the use of the County’s property or the public right of way; and 7. Participation in the development of law, public policy, and regulations related to cable television and telecommunications at the local, state, and federal levels. This list describes the services, but is not exhaustive and the consultant would be expected to work with the County as legal, regulatory, and other policy issues that emerge in the regular course of County business. C. VENDOR QUALIFICATIONS / SPECIFIC REQUIREMENTS Vendor Qualifications: 1. Vendor shall be regularly and continuously engaged in the business of providing legal assistance in the cable, video and telecommunications industry to local governments for at least five (5) years. Vendor shall possess all permits, licenses and professional credentials necessary to perform the required services. 2. Successful service contracts with at least three public agencies, preferably of similar size to that of Alameda County. Specific Requirements: 1. Vendor shall be in good standing with the State Bar of California, with a status of “ACTIVE” --- Members of the State Bar who are eligible to practice law in California”, as described at http://members.calbar.ca.gov/search/member.aspx. 2. Vendor shall be familiar with and competent in representing public entities in the areas of cable television, video services, and telecommunications policy and regulation. 3. Vendor shall fulfill all responsibilities associated with representing the County’s interests in performing the Services, while adhering to the County’s policies, procedures and guidelines. 4. Vendor shall have an ethical responsibility to report any cases referred by County which Vendor, in accordance with the State of California (State) Bar guidelines, determines to be a conflict of interest. Vendor will not represent County in any such case absent a written waiver from the client. 5. Vendor’s attorneys’ resumes should be complete and demonstrate background and proficiency in the cable TV, video services and the telecommunications industries. Page 7 of 29
  • 6. Specifications, Terms & Conditions for (RFP 900453) 6. Vendor shall provide its most recent Dun & Bradstreet Supplier Evaluation Report. Dun & Bradstreet Supplier Qualifier Report (formerly Supplier Evaluation Report) must be ranked a 6 or lower for bidder to be considered for contract award. For information on how to obtain a Supplier Evaluation Report, contact Dun & Bradstreet at 1-866-719-7158 or www.dnb.com. 7. Vendor shall possess the ability to initiate, develop, and carry out effective strategies to represent the County’s interests in cable, video and telecommunication legal and regulatory matters. D. SPECIFIC BILLING REQUIREMENTS 1. Where correspondence or phone conversations are charged, the specific identity of the other party shall be included with the time entry. Likewise, if a conference is held, the bill shall identify all participants or attendees. 2. Charges for activities such as a file creation, internal conferences, or training of vendor’s personnel are considered overhead items and shall not be billed to the County. 3. When standardized pleadings or forms are used, actual time needed by an attorney or paralegal to prepare the pleadings or form for typing shall be billed, not the time originally used to draft the standardized documents or the time needed to type the form or pleading. 4. Vendor shall not bill for bill preparation tasks, bill explanations, bill disputes and bill corrections. 5. Vendor shall not bill for more than an occasional brief in-house conference between senior and junior attorneys. The County will pay only for the senior attorney’s time for such conferences. The conferences shall be demonstrably necessary. 6. The initial review as well as subsequent reviews requires documentation of the senior partner’s input. If no value is added by the initial or subsequent review beyond maintaining general quality, vendor shall not bill County. 7. Vendor shall not bill for word processing time. Vendor shall bill only for the attorney’s time not the secretarial or word processing time. Vendor shall not bill for multiple redrafts of documents. 8. Legal research, when needed, must be carefully directed by partners or senior associates. Vendor shall obtain prior approval for legal research exceeding (4) Page 8 of 29
  • 7. Specifications, Terms & Conditions for (RFP 900453) hours. Routine legal issues shall not be the subject of legal research. A copy of vendor’s research product must be maintained in the attorney’s file and forwarded to County, upon request, for future reference. Status reports shall indicate how the research on a substantive issue impacts the case. County shall not be billed for the cost of Westlaw, Lexis or other electronic research which is considered part of the overhead in the hourly rates. 9. Expenses and Costs Vendor shall not bill for the following expense items at more than the specified guidelines: a. Photocopying: Large copying jobs shall be sent to a capable but economical outside copy service. In-house photocopying costs will not be billed. b. Telephone: Actual charges only for long distance calls. c. Fax Machines: Actual cost, without mark-up, for outgoing facsimile transmission will be billed when an outside service is utilized. In-house fax costs will not be billed. d. Computerized legal research: Is considered overhead costs of vendor and will not be paid by County. e. Postage: Actual cost of postage for mailing will be billed when an outside service is utilized. In-house postage will not be billed. f. Messenger and Delivery: For an outside messenger, the County will pay actual costs without mark-up. For vendor’s internal messenger service (between vendor’s offices in other cities), charge no more than for an outside service. g. Travel: Vendor shall describe in detail on the interim bill any travel expenses incurred by counsel. Vendor need not attach supporting receipts. County retains the right to audit travel expenses. Vendor should retain receipts and other documentation for at least one (1) year following the conclusion of the case. h. The County will pay for coach airfare, standard rental cars, reasonable hotel rates, and meals for the assigned attorney. The County will not reimburse for personal telephone calls, entertainment, laundry and dry cleaning, unless travel is for seven (7) days or more away from vendor’s home or other non-essential expenditures. Page 9 of 29
  • 8. Specifications, Terms & Conditions for (RFP 900453) 10. Billing – Miscellaneous a. Vendor shall bill only at approved rates. b. Vendor shall not charge for overhead items such as costs of seminars, books, association dues, etc. c. Vendor shall send its final bill no more than thirty (30) days after execution of the settlement agreement and/or dismissals, unless County provides written authority to the contrary. E. DEBARMENT/SUSPENSION POLICY: In order to prohibit the procurement of any goods or services ultimately funded by Federal awards from debarred, suspended or otherwise excluded parties, each bidder will be screened at the time of RFP/RFQ response to ensure bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government in compliance with the requirements of 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549. • The County will verify bidder, its principal and their named subcontractors are not on the Federal debarred, suspended or otherwise excluded list of vendors located at www.epls.gov; and • Bidders are to complete a Debarment and Suspension Certification form, Exhibit N attached, certifying bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government. III. INSTRUCTIONS TO BIDDERS F. COUNTY CONTACTS GSA-Purchasing is managing the competitive process for this project on behalf of the County. All contact during the competitive process is to be through the GSA-Purchasing Department only. The evaluation phase of the competitive process shall begin upon receipt of sealed bids until a contract has been awarded. Bidders shall not contact or lobby evaluators during the evaluation process. Attempts by Bidder to contact evaluators may result in disqualification of bidder. Page 10 of 29
  • 9. Specifications, Terms & Conditions for (RFP 900453) All questions regarding these specifications, terms and conditions are to be submitted in writing, preferably via e-mail by 2:00p.m. 2008 to: Daniel H. Mermelstein, Senior Contracts Specialist Alameda County, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612 E-Mail: dan.mermelstein@acgov.org FAX: 510-208-9626 The GSA Contracting Opportunities website will be the official notification posting place of all Requests for Interest, Proposals, Quotes and Addenda. Go to http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp to view current contracting opportunities. G. CALENDAR OF EVENTS Event Date/Location Request Issued November 21, 2008 Written Questions BY 12:00 Noon on December 9, 2008 Due Networking/Bidders DECEMBER 10 AT 10:00A.M. AT: GSA -1401 Lakeside Drive, Conference/Site Room 1107 Oakland, California Visit #1 94612 Networking/Bidders DECEMBER 11 AT 2:00P.M. AT: Dublin Public Library Conference/Site Program Room Visit #2 200 Civic Plaza Dublin, CA 94568 Addendum Issued December 29, 2008 Response Due JANUARY 23, 2009 Evaluation Period January 23 – January 30 2008 Vendor Interviews January 28, 2009 Board Letter Issued March 2, 2009 Board Award Date April 6, 2009 Contract Start Date May 1, 2009 Note: Award and start dates are approximate. It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition. By the submission of a Bid, the Bidder certifies that if Page 11 of 29
  • 10. Specifications, Terms & Conditions for (RFP 900453) awarded a contract they will make no claim against the County based upon ignorance of conditions or misunderstanding of the specifications. H. NETWORKING/BIDDERS CONFERENCE Networking/bidders conference will be held to: • Provide an opportunity for small and local and emerging businesses (SLEBs) and large firms to network and develop subcontracting relationships in order to participate in the contract(s) that may result from this RFP. • Provide an opportunity for bidders to ask specific questions about the project and request RFP clarification. • Provide the County with an opportunity to receive feedback regarding the project and RFP. Written questions submitted prior to the networking/bidders conference, in accordance with the Calendar of Events, and verbal questions received at the networking/bidders conference, will be addressed whenever possible at the networking/bidders conference(s). All questions will be addressed and the list of attendees will be included in an RFP Addendum following the networking/bidders conference in accordance with the Calendar of Events. Potential bidders are strongly encouraged, but not required, to attend a networking/bidders conference in order to further facilitate subcontracting relationships. Vendors who attend a networking/bidders conference will be added to the Vendor Bid List. Failure to participate in a networking/bidders conference will in no way relieve the Contractor from furnishing goods and/or services required in accordance with these specifications, terms and conditions. Attendance at a networking/bidders conference is strongly encouraged and recommended but is not mandatory. Networking/bidders conference will be held on: December 10, 2008 at 10:00a.m. December 11, 2008 at 2:00p.m. At: Alameda County, General At: Dublin Public Library Services Agency Conference Program Room Rm 1107 200 Civic Plaza 1401 Lakeside Drive Dublin, CA 94568 Oakland, CA 94612 Additional Information: Additional Information: Please allow enough time for parking Free parking available at on-site at metered street parking or public parking lot, etc. parking lot and entry into secure building. Page 12 of 29
  • 11. Specifications, Terms & Conditions for (RFP 900453) I. SUBMITTAL OF BIDS 1. All bids must be SEALED and must be received at the Office of the Purchasing Agent of Alameda County BY 2:00 p.m. on the due date specified in the Calendar of Events. NOTE: LATE AND/OR UNSEALED BIDS CANNOT BE ACCEPTED. IF HAND DELIVERING BIDS PLEASE ALLOW TIME FOR METERED STREET PARKING OR PARKING IN AREA PUBLIC PARKING LOTS AND ENTRY INTO SECURE BUILDING. Bids will be received only at the address shown below, and by the time indicated in the Calendar of Events. Any bid received after said time and/or date or at a place other than the stated address cannot be considered and will be returned to the bidder unopened. All bids, whether delivered by an employee of Bidder, U.S. Postal Service, courier or package delivery service, must be received and time stamped at the stated address prior to the time designated. The Purchasing Department's timestamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids. 1. Bids are to be addressed and delivered as follows: ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW RFP No. 900453 Alameda County, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612 2. Bidders are to submit an original plus seven (7) copies: You keep the original, 3 for the evaluation committee, plus 1 to pull SLEB and 1st Source documentation. Original proposal is to be clearly marked and is to be either loose leaf or in a 3-ring binder, not bound. 3. Bidder's name and return address must also appear on the mailing package. 4. No telegraphic, email (electronic) or facsimile bids will be considered. 5. Bidder agrees and acknowledges all RFP specifications, terms and conditions and indicates ability to perform by submission of its bid. 6. Submitted bids shall be valid for a minimum period of 12 months. Page 13 of 29
  • 12. Specifications, Terms & Conditions for (RFP 900453) 7. All costs required for the preparation and submission of a bid shall be borne by Bidder. 8. Only one bid response will be accepted from any one person, partnership, corporation, or other entity; however, several alternatives may be included in one response. For purposes of this requirement, “partnership” shall mean, and is limited to, a legal partnership formed under one or more of the provisions of the California or other state’s Corporations Code or an equivalent statute. 9. Proprietary or Confidential Information: No part of any bid response is to be marked as confidential or proprietary. County may refuse to consider any bid response or part thereof so marked. Bid responses submitted in response to this RFP may be subject to public disclosure. County shall not be liable in any way for disclosure of any such records. Additionally, all bid responses shall become the property of County. County reserves the right to make use of any information or ideas contained in submitted bid responses. This provision is not intended to require the disclosure of records that are exempt from disclosure under the California Public Records Act (Government Code Section 6250, et seq.) or of “trade secrets” protected by the Uniform Trade Secrets Act (Civil Code Section 3426, et seq.). 10. All other information regarding the bid responses will be held as confidential until such time as the County Selection Committee has completed their evaluation and, or if, an award has been made. Bidders will receive mailed award/non-award notification(s), which will include the name of the bidder to be awarded this project. In addition, award information will be posted on the County’s “Contracting Opportunities” website, mentioned above. 11. Each bid received, with the name of the bidder shall be entered on a record, and each record with the successful bid indicated thereon shall, after the award of the order or contract, be open to public inspection. Page 14 of 29
  • 13. Specifications, Terms & Conditions for (RFP 900453) J. RESPONSE FORMAT 1. Bid responses are to be straightforward, clear, concise and specific to the information requested. 2. In order for bids to be considered complete, Bidder must provide all information requested. See Exhibit M, Response Content and Submittals, Completeness Checklist. K. EVALUATION CRITERIA/SELECTION COMMITTEE All proposals will be evaluated by a County Selection Committee (CSC). The County Selection Committee may be composed of County staff and other parties that may have expertise or experience in On-Call Legal Services. The CSC will select a contractor in accordance with the evaluation criteria set forth in this RFP. The evaluation of the proposals shall be within the sole judgment and discretion of the CSC. All contact during the evaluation phase shall be through the GSA-Purchasing Department only. Bidders shall neither contact nor lobby evaluators during the evaluation process. Attempts by Bidder to contact and/or influence members of the CSC may result in disqualification of Bidder. The CSC will evaluate each proposal meeting the qualification requirements set forth in this RFP. Bidders should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments, or unrealistically high or low in cost, will be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the County’s requirements as set forth in this RFP. Bidders are advised that in the evaluation of cost it will be assumed that the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. As a result of this RFP, the County intends to award a contract to the responsible bidder(s) whose response conforms to the RFP and whose bid presents the greatest value to the County, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the County. The goal is to award a contract to the bidder(s) that proposes the County the best quality as determined by the combined weight of the evaluation criteria. The County may award a contract of higher qualitative competence over the lowest priced response. The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever Page 15 of 29
  • 14. Specifications, Terms & Conditions for (RFP 900453) such additional criteria are deemed appropriate in considering the nature of the goods and/or services being solicited. Each of the following Evaluation Criteria below will be used in ranking and determining the quality of bidders’ proposals. Proposals will be evaluated according to each Evaluation Criteria, and scored on a five-point scale. The scores for all the Evaluation Criteria will then be added according to their assigned weight (below) to arrive at a weighted score for each proposal. A proposal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project is five hundred fifty (550) points including local and small and local or emerging and local preference points. The evaluation process may include a two-stage approach, the initial evaluation of the written proposal and preliminary scoring to develop a short list of bidders that would continue to the final stage of vendor presentation and interviews and reference checks. If a short list is included in these specifications, the preliminary scoring will be the total points excluding points allocated to references and oral presentation and interviews. All bidders will be notified of the preliminary score in the most expeditious manner (by e- mail or fax). Only the bidders meeting the short list criteria will proceed to the next stage. All other bidders will be deemed eliminated from the process. The zero to five-point scale range is defined as follows: Non-responsive, fails to meet RFP specification. The approach has no probability of success. If a mandatory 0 Not Acceptable requirement this score will result in disqualification of proposal. Below average, falls short of expectations, is substandard to 1 Poor that which is the average or expected norm, has a low probability of success in achieving objectives per RFP. Has a reasonable probability of success, however, some 2 Fair objectives may not be met. Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each 3 Average item with adjustments based on interpretation of proposal by Evaluation Committee members. Above Average/ Very good probability of success, better than that which is 4 average or expected as the norm. Achieves all objectives per Good RFP requirements and expectations. Exceeds expectations, very innovative, clearly superior to that Excellent/Excep which is average or expected as the norm. Excellent 5 tional probability of success and in achieving all objectives and meeting RFP specification. Page 16 of 29
  • 15. Specifications, Terms & Conditions for (RFP 900453) The Evaluation Criteria and their respective weights are as follows: Evaluation Criteria Weight A. Completeness of Response: Proposals must be complete. Proposals that do not include requirements identified within this RFP and subsequent addenda, and do not address each of the items listed below, will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Proposals that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process. Pass/Fail Financial Stability: Pass/Fail B. Vendor’s Dun & Bradstreet Supplier Qualifier Report (formerly Supplier Evaluation Report) must be ranked a 6 or lower for bidder to be considered for contract award. For information on how to obtain a Supplier Evaluation Report, contact Dun & Bradstreet at 1-866-719-7158 or www.dnb.com. C. Debarment and Suspension: Bidders, its principal and named subcontractors are not identified on the list of Federally debarred, suspended or other excluded parties located at www.epls.gov. Pass/Fail D. References, See Exhibit D1 and D2 Negative responses on a majority of questions on references will be considered a fail. Pass/Fail E. Cost: Bidders’ quotes will be evaluated for overall cost to the County from all categories listed on the Exhibit B. Categories omitted may disqualify a bid. Bidders’ quotes will be evaluated relative to bidder’s specific experience related to the needs of the County stated in this RFP. Page 17 of 29
  • 16. Specifications, Terms & Conditions for (RFP 900453) Consideration of price in terms of overall affordability may be controlling in circumstances where two or more proposals are otherwise adjudged to be equal, or when a superior proposal is at a price that the County cannot afford. 25 Points G. Relevant Experience, Qualifications and Client Base: Proposals will be evaluated in this category in regard to qualifications to perform the work, as opposed to the hourly rate charged, and the vendor’s responses to the questions below: • Has the vendor been be regularly and continuously 25 Points engaged in the business of providing legal assistance in the cable, video and telecommunications industry to local governments for at least five (5) years? • Does the vendor possess all permits, licenses and professional credentials necessary to perform the required services? • Are vendor’s attorney resumes complete and do they demonstrate background and proficiency in the cable TV, video services and the telecommunications industry? • Does vendor possess the ability to initiate, develop, and carry out effective strategies to represent the County’s interests in cable, video and telecommunication legal and regulatory matters? • Has the vendor provided evidence of contracts with at least three public agencies? Methodology: H. Proposals will be evaluated against the RFP specifications and questions below: A. Does the methodology depict a logical approach to fulfilling the requirements of the RFP? B. Does the methodology match and contribute to achieving the objectives set out in the RFP? 10 Points Page 18 of 29
  • 17. Specifications, Terms & Conditions for (RFP 900453) I. Overall Proposal The overall proposal will include evaluation of the following: 1. Bid response 15 Points 2. Oral Interview 3. References J. Oral Presentation and Interview: Following evaluation of the written proposals, five bidders receiving the highest scores may be invited to an oral presentation and interview. The scores at that time will not be communicated to bidders. The oral presentation by each bidder shall not exceed sixty (60) minutes in length. The oral interview will consist of standard questions asked of each of the bidders and specific questions regarding the specific proposal. The proposals may then be re-evaluated and re-scored based 15 Points on the oral presentation and interview. The proposed investigator for the County shall be present. Bidder shall demonstrate the tools, equipment, and technology used in investigation service. L. Understanding of the Project: Proposals will be evaluated against the RFP specifications and the questions below: -Has proposer demonstrated a thorough understanding of the purpose and scope of the project? -How well has the proposer identified pertinent issues and potential problems related to the project? -Has the proposer demonstrated that it understands the deliverables the County expects it to provide? 10 Points Local Preference Five Percent (5%) Small and Local or Emerging and Local Preference Five Percent (5%) Page 19 of 29
  • 18. Specifications, Terms & Conditions for (RFP 900453) L. CONTRACT EVALUATION AND ASSESSMENT During the initial sixty (60) day period of any contract, which may be awarded to Contractor, the County will meet with the Contractor to evaluate the services being performed and to identify any issues or potential problems. The County reserves the right to determine, at its sole discretion, (a) whether Contractor has complied with all terms of this RFP and (b) whether any problems or potential problems with the proposed services were evidenced which make it unlikely (even with possible modifications) that such services have met the County requirements. If, as a result of such determination, the County concludes that it is not satisfied with Contractor, Contractor’s performance under any awarded contract and/or services as contracted for therein, the Contractor will be notified of contract termination effective forty-five (45) days following notice. The County will have the right to invite the next highest ranked bidder to enter into a contract. The County also reserves the right to re-bid this project if it is determined to be in its best interest to do so. M. NOTICE OF AWARD 1. At the conclusion of the RFP response evaluation process (“Evaluation Process”), all bidders will be notified in writing by certified mail, return receipt requested, of the contract award recommendation, if any, of GSA – Purchasing. The document providing this notification is the Notice of Award. The Notice of Award will provide the following information: • The name of the bidder being recommended for contract award; • The names of all other bidders; and, • In summary form [Bid numbers, evaluation points for each bidder] 2. Debriefings for unsuccessful bidders will be scheduled and provided upon written request and will be restricted to discussion of the unsuccessful offeror’s bid with the Buyer. a. Under no circumstances will any discussion be conducted with regard to contract negotiations with the successful bidder, etc. b. Debriefing may include review of successful bidder’s proposal. Page 20 of 29
  • 19. Specifications, Terms & Conditions for (RFP 900453) N. BID PROTEST / APPEALS PROCESS GSA-Purchasing prides itself on the establishment of fair and competitive contracting procedures and the commitment made to following those procedures. The following is provided in the event that bidders wish to protest the bid process or appeal the recommendation to award a contract for this project. 1. Any bid protest must be submitted in writing to the Assistant Director of GSA, 1401 Lakeside Drive, Suite 907, Oakland, CA 94612. The bid protest must be submitted before 5:00 p.m. of the tenth (10th) business day following the date of the Notice of Award. a. The bid protest must contain a complete statement of the basis for the protest. b. The protest must include the name, address and telephone number of the person representing the protesting party. c. The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. At a minimum, those parties listed in the Notices of Award/Non-Award shall be notified of such protest and the specific grounds therefore. d. The procedure and time limits are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid Protest. 2. Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid Protest, including filing a Government Code claim or legal proceedings. 3. Upon receipt of written protest/appeal Assistant Director, GSA will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise an appeal/protest decision within five (5) working days of review date. a. Responses will be issued and/or discussed at least five (5) days prior to Board hearing date. b. Responses will inform the bidder whether or not the recommendation to the Board is going to change. Page 21 of 29
  • 20. Specifications, Terms & Conditions for (RFP 900453) 4. The decision of the Assistant Director, GSA may be appealed to the Auditor- Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612, Fax: (510) 272-6502. All appeals to the Auditor-Controller’s OCC shall be in writing and submitted within five (5) calendar days of notification of decision by the Assistant Director, GSA-Purchasing. 5. The decision of the Auditor-Controller’s OCC is the final step of the appeal process. IV. TERMS AND CONDITIONS O. TERM / TERMINATION / RENEWAL 1. The term of the contract, which may be awarded pursuant to this RFP, will be three year(s). 2. By mutual agreement, any contract which may be awarded pursuant to this RFP, may be extended for two additional one year terms at agreed prices with all other terms and conditions remaining the same. P. PRICING 1. Prices quoted shall be firm for the 360 days of any contract that may be awarded pursuant to this RFP 2. Price escalation for the second and third years of any contract awarded as a result of this RFP shall not exceed the percentage increase stated by Bidder on the Bid Form, Exhibit B. 3. All pricing as quoted will remain firm for the term of any contract that may be awarded as a result of this RFP. 4. Unless otherwise stated, Bidder agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the County. 5. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. 6. Any price increases or decreases for subsequent contract terms may be negotiated between Contractor and County only after completion of the initial term. 7. The County is soliciting a per hour price. The price quoted shall be the total cost per hour the County will pay for this project including taxes and all other charges. Page 22 of 29
  • 21. Specifications, Terms & Conditions for (RFP 900453) 8. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions. 9. Price quotes shall include any and all payment incentives available to the County. 10. Bidders are advised that in the evaluation of cost, if applicable, it will be assumed that the hourly rate quoted is correct in the case of a discrepancy between the unit price and an extension. 11. Federal and State minimum wage laws apply. The County has no requirements for living wages. The County is not imposing any additional requirements regarding wages. Q. AWARD 1. Proposals will be evaluated by a committee and will be ranked in accordance with the RFP section entitled “Evaluation Criteria/Selection Committee.” 2. The committee will recommend award to the bidder who, in its opinion, has submitted the proposal that best serves the overall interests of the County and attains the highest overall point score. Award may not necessarily be made to the bidder with the lowest price. 3. The County reserves the right to reject any or all responses that materially differ from any terms contained herein or from any Exhibits attached hereto and to waive informalities and minor irregularities in responses received. 4. The County reserves the right to award to a single or multiple contractors. 5. The County has the right to decline to award this contract or any part thereof for any reason. 6. Board approval to award a contract is required. 7. Contractor shall sign an acceptance of award letter prior to Board approval. A Standard Agreement contract must be signed following Board approval. 8. Final Standard Agreement terms and conditions will be negotiated with the selected bidder. Attached Exhibit J contains minimal Agreement boilerplate language only. 9. The RFP specifications, terms, conditions and Exhibits, RFP Addenda and Bidder’s proposal, may be incorporated into and made a part of any contract that may be awarded as a result of this RFP. Page 23 of 29
  • 22. Specifications, Terms & Conditions for (RFP 900453) R. METHOD OF ORDERING 1. A written PO and signed Standard Agreement contract will be issued upon Board approval. 2. POs and Standard Agreements will be faxed, transmitted electronically or mailed and shall be the only authorization for the Contractor to place an order. 3. POs and payments for products and/or services will be issued only in the name of Contractor. 4. Contractor shall adapt to changes to the method of ordering procedures as required by the County during the term of the contract. 5. Change orders shall be agreed upon by Contractor and County and issued as needed in writing by County. S. INVOICING 1. Contractor shall invoice the requesting department, unless otherwise advised, upon satisfactory receipt of product and/or performance of services. 2. Payment will be made within thirty (30) days following receipt of invoice and upon complete satisfactory receipt of product and performance of services. 3. County shall notify Contractor of any adjustments required to invoice. 4. Invoices shall contain County PO number, invoice number, remit to address and itemized products and/or services description and price as quoted and shall be accompanied by acceptable proof of delivery. 5. Contractor shall utilize standardized invoice upon request. 6. Invoices shall only be issued by the Contractor who is awarded a contract. 7. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the POs. 8. The County will pay Contractor monthly or as agreed upon, not to exceed the total lump sum price quoted in the bid response. Page 24 of 29
  • 23. Specifications, Terms & Conditions for (RFP 900453) T. COUNTY PROVISIONS 1. Preference for Local Products and Vendors: A five percent (5%) preference shall be granted to Alameda County products or Alameda County vendors on all sealed bids on contracts except with respect to those contracts which state law requires be granted to the lowest responsible bidder. An Alameda County vendor is a firm or dealer with fixed offices and having a street address within the County for at least six (6) months prior to the issue date of this RFP; and which holds a valid business license issued by the County or a city within the County. Alameda County products are those which are grown, mined, fabricated, manufactured, processed or produced within the County. Locality must be maintained for the term of the contract. Evidence of locality shall be provided immediately upon request and at any time during the term of any contract that may be awarded to Contractor pursuant to this RFP. 2. Small and Emerging Locally Owned Business: A small business for purposes of this RFP is defined by the United States Small Business Administration as having no more than $7 million in average annual gross receipts over the last three (3) years. An emerging business, as defined by the County is one having annual gross receipts of less than one-half (1/2) of the above amount over the same period of time. In order to participate herein, the small or emerging business must also satisfy the locality requirements and be certified by the County as a Small or Emerging, local business. A certification application package (consisting of Instructions, Application and Renewal Application) has been attached hereto as Exhibit E and must be completed and returned by a qualifying contractor. A locally owned business, for purposes of satisfying the locality requirements of this provision, is a firm or dealer with fixed offices and having a street address within the County for at least six (6) months prior to the issue date of this RFP; and which holds a valid business license issued by the County or a city within the County. The County is vitally interested in promoting the growth of small and emerging local businesses by means of increasing the participation of these businesses in the County’s purchase of goods and services. As a result of the County’s commitment to advance the economic opportunities of these businesses the following provisions shall apply to this RFP: a. If Bidder is certified by the County as either a small and local or an emerging and local business, the County will provide a five percent (5%) bid preference, in addition to that set forth in paragraph 1., above, for a total bid preference of ten percent (10%). However, a bid preference cannot Page 25 of 29
  • 24. Specifications, Terms & Conditions for (RFP 900453) override a State law, which requires the granting of an award to the lowest responsible bidder. b. Bidders not meeting the small or emerging local business requirements set forth above do not qualify for a bid preference and must subcontract with one or more County certified small and/or emerging local businesses for at least twenty percent (20%) of Bidder’s total bid amount in order to be considered for the contract award. Bidder, in its bid response, must submit written documentation evidencing a firm contractual commitment to meeting this minimum local participation requirement. Participation of a small and/or emerging local business must be maintained for the term of any contract resulting from this RFP. Evidence of participation shall be provided immediately upon request at any time during the term of such contract. The County reserves the right to waive these small/emerging local business participation requirements in this RFP, if the additional estimated cost to the County, which may result from inclusion of these requirements, exceeds five percent (5%) of the total estimated contract amount or Ten Thousand Dollars ($10,000), whichever is less. The following entities are exempt from the Small and Emerging Local Business (SLEB) requirements as described above and are not required to subcontract with a SLEB. If you apply and are certified as a SLEB, you will receive a 5% SLEB bid preference: • non-profit community based organizations (CBO); • non-profit churches or non-profit religious organizations (NPO); • public schools; and universities; and • government agencies Non-profits must provide proof of their tax exempt status. These are defined as organizations that are certified by the U.S. Internal Revenue Service as 501(c) 3. If additional information is needed regarding this requirement, please contact the Auditor- Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612 at Tel: (510) 891-5500, Fax: (510) 272-6502 or via E-mail at ACSLEBcompliance@acgov.org. 3. First Source Program: The First Source Program has been developed to create a public/private partnership that links CalWORKs job seekers, unemployed and under employed County residents to sustainable employment through the County’s relationships/connections with business, including contracts that have been awarded through the competitive process, and economic development activity in Page 26 of 29
  • 25. Specifications, Terms & Conditions for (RFP 900453) the County. Welfare reform policies and the new Workforce Investment Act requires that the County do a better job of connecting historically disconnected potential workers to employers. The First Source program will allow the County to create and sustain these connections. Vendors awarded contracts for goods and services in excess of One Hundred Thousand Dollars ($100,000) as a result of any subsequently issued RFQ are to allow Alameda County ten (10) working days to refer potential candidates to vendor to be considered by Vendor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County, that Vendor has available during the life of the contract before advertising to the general public. Potential candidates referred by County to Vendor will be pre-screened, qualified applicants based on vendor specifications. Vendor agrees to use its best efforts to fill its employment vacancies with candidates referred by County, but the final decision of whether or not to offer employment, and the terms and conditions thereof, rest solely within the discretion of the Vendor. Bidders are required to complete, sign and submit in their bid response, the First Source Agreement that has been attached hereto as Exhibit H, whereby they agree to notify the First Source Program of job openings prior to advertising elsewhere (ten day window) in the event that they are awarded a contract as a result of this RFP. Exhibit H will be completed and signed by County upon contract award and made a part of the final contract document. If compliance with the First Source Program will interfere with Contractor’s pre- existing labor agreements, recruiting practices, or will otherwise obstruct the Contractor’s ability to carry out the terms of the contract, the Contractor will provide to the County a written justification of non-compliance. If additional information is needed regarding this requirement, please contact the Auditor- Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612 at Tel: (510) 891-5500, Fax: (510) 272-6502 or via E-mail at ACSLEBcompliance@acgov.org. U. ONLINE CONTRACT COMPLIANCE SYSTEM As part of the Alameda County General Services Agency’s commitment to assist contractors to conveniently comply with legal and contractual requirements, the County has established an online Contract Compliance System. The system was designed to help reduce contractors’ administrative costs and to provide various work-flow automation features that improve the project reporting process. The Alameda County Contract Compliance System will be implemented to monitor contract compliance for County contracts through the use of a new interactive website, Page 27 of 29
  • 26. Specifications, Terms & Conditions for (RFP 900453) Elation Systems. The prime contractor and all participating subcontractors awarded contracts as a result of this bid process for this project, are required to use the secure web- based system to submit SLEB Program information including, but not limited to, monthly progress payment reports and other information related to SLEB participation. The Alameda County Contract Compliance System has been designed to provide online functionality that streamlines the process, reduces paperwork and assists contractors and subcontractors in complying with the County’s SLEB Program and its reporting requirements. Utilizing the Alameda County Contract Compliance System will reduce the amount of time currently required to submit hard copy documentation regarding contract compliance information and is provided for use by County contractors and subcontractors at no cost. Procedural differences between the previous conventional reporting and the new web- based system include: • Monthly progress payment status reports will be submitted via the web-based system. • Paper copies will no longer be required. • Contractor will be required to enter data for payments made and subcontractors will be required to enter data for payments received into the web-based system. Alameda County Contract Compliance System training and ongoing support are provided at no charge to contractors and participating sub-contractors awarded a contract as a result of this bid process for this project. Contractors having contracts with the County should schedule a representative from their office/company, along with each of their subcontractors, to attend training. Training sessions are approximately one hour and will be held periodically in a number of locations throughout Alameda County. Upon award of contract, please view the training schedule http://www.elationsys.com/elationsys/support_1.htm or call Elation Systems at (510) 764-1870. A special access code will be provided to contractors and subcontractors participating in any contract awarded as a result of this bid process to allow use of the System free of charge. It is the Contractor’s responsibility to ensure that they and their subcontractors are registered and trained as required to utilize the Alameda County Contract Compliance System. Please contact the Auditor- Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612 at Tel: (510) 891-5500, Fax: (510) 272-6502 or via E-mail at ACSLEBcompliance@acgov.org if you have any other questions regarding utilization of the Alameda County Contract Compliance System. Page 28 of 29
  • 27. Specifications, Terms & Conditions for (RFP 900453) V. COMPLIANCE INFORMATION AND RECORDS As needed and upon request, for the purposes of determining compliance with the SLEB Program, the Contractor shall provide the County with access to all records and documents that relate to SLEB participation and/or certification. Proprietary information will be safeguarded. All subcontractor submittals must be through the prime contractor. W. ACCOUNT MANAGER/SUPPORT STAFF 1. Contractor shall provide a dedicated competent account manager who shall be responsible for the County account/contract. The account manager shall receive all orders from the County and shall be the primary contact for all issues regarding Bidder’s response to this RFP and any contract which may arise pursuant to this RFP. 2. Contractor shall also provide adequate, competent support staff that shall be able to service the County during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems. 3. Contractor account manager shall be familiar with County requirements and standards and work with the County Administrator and that established standards are adhered to. 4. Contractor account manager shall keep the County Buyer informed of requests from departments as required. X. GENERAL REQUIREMENTS 1. Proper conduct is expected of Contractor’s personnel when on County premises. This includes adhering to no-smoking ordinances, the drug-free work place policy, not using alcoholic beverages and treating employees courteously. 2. County has the right to request removal of any Contractor employee or subcontractor who does not properly conduct himself/herself/itself or perform quality work. 3. Contractor personnel shall be easily identifiable as non-County employees (i.e. work uniforms, badges, etc.). Page 29 of 29
  • 28. COUNTY OF ALAMEDA EXHIBIT A – BID ACKNOWLEDGEMENT EXHIBIT A RFP No. 900453 for ON CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW The County of Alameda is soliciting bids from qualified vendors to furnish its requirements per the specifications, terms and conditions contained in the above referenced RFP number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response. Obligations assumed by such signature must be fulfilled. 1. Preparation of bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing bid. (b) Quote price as specified in RFP. No alterations or changes or any kind shall be permitted to Exhibit B, Bid Form. Responses that do not comply shall be subject to rejection in total. 2. Failure to bid: If you are not submitting a bid but want to remain on the mailing list and receive future bids, complete, sign and return this Bid Acknowledgement and state the reason you are not bidding. 3. Taxes and freight charges: (a) Unless otherwise required and specified in the RFP, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by County, will be paid by the County unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the County of Alameda is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee as Alameda County, as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the County of Alameda are exempt from certain Federal excise taxes. The County will furnish an exemption certificate. 4. Award: (a) Unless otherwise specified by the bidder or the RFP gives notice of an all-or-none award, the County may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California. 5. Patent indemnity: Vendors who do business with the County shall hold the County of Alameda, its officers, agents and employees, harmless from liability of an nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order. 6. Samples: Samples of items, when required, shall be furnished free of expense to the County and if not destroyed by test may upon request (made when the sample is furnished), be returned at the bidder’s expense. 7. Rights and remedies of County for default: (a) In the event any item furnished by vendor in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by vendor with its bid, the County may reject the same, and it shall thereupon become the duty of vendor to reclaim and remove the same forthwith, without expense to the County, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should vendor fail, neglect or refuse so to do the County shall thereupon have the right purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the County. In the event that vendor fails to make prompt delivery as specified for any item, the same conditions as to the rights of the County to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b)Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the vendor. (c) The rights and remedies of the County provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 8. Discounts: (a) Terms of less than ten (10) days for cash discount will considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP, or from date correct invoices are received by the County at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the County warrant check. 9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 10. No guarantee or warranty: The County of Alameda makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order. THE undersigned acknowledges receipt of above referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the vendor indicated below, in accordance with the specifications, terms and conditions of this RFP and Bid Acknowledgement. Firm: Address: State/Zip What advertising source(s) made you aware of this RFP? By:_______________ ________________________________________________ Date____________ Phone_____________________
  • 29. COUNTY OF ALAMEDA EXHIBIT A – BID ACKNOWLEDGEMENT Printed Name Signed Above:_______________________________________________________________________________________ Title:__________________________________________________________________________________________________________
  • 30. EXHIBIT B COUNTY OF ALAMEDA RFP No. 900453 for ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW BID FORM The cost quoted below is the total cost the County will pay. This quote is valid for a minimum of 360 days. The cost quoted below shall include all taxes and all other charges and is the hourly rate the County will pay. Estimated hours are only for comparison purposes only. Professional Assistance Unit Cost Estimated hours Year 1 Year 2 Year 3 Hourly rate per year (for comparison purposes only) Principal Attorney $ 120 Associate Attorney $ 70 Law Clerks $ 20 Paralegals $ 10 Total for three years: Note: The County will not pay for any Administrative/Clerical work. Note: The County will not pay for any legal research. Bidder agrees that the price(s) quoted are the maximum they will charge during the term of any contract awarded. FIRM: ____________________________SIGNATURE:________________DATE:_______ PRINTED NAME: _____________________TITLE:____________________________
  • 31. EXHIBIT C COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits and endorsements: TYPE OF INSURANCE COVERAGES MINIMUM LIMITS A Commercial General Liability $1,000,000 per occurrence (CSL) Premises Liability; Products and Completed Operations; Contractual Bodily Injury and Property Damage Liability; Personal Injury and Advertising Liability B Commercial or Business Automobile Liability $1,000,000 per occurrence (CSL) All owned vehicles, hired or leased vehicles, non-owned, borrowed and Any Auto permissive uses. Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no transportation or hauling related activities C Workers’ Compensation (WC) and Employers Liability (EL) WC: Statutory Limits Required for all contractors with employees EL: $100,000 per accident for bodily injury or disease D Endorsements and Conditions: 1. ADDITIONAL INSURED: All insurance required above with the exception of Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and representatives. 2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. 3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additional Insured(s). Pursuant to the provisions of this Agreement, insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties. 4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a A.M. Best Rating of no less than A:VII or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. 5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by any one of the following methods: – Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured (covered party), or at minimum named as an “Additional Insured” on the other’s policies. – Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured. 7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation. 8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to: - Department/Agency issuing the contract - With a copy to Risk Management Unit (125 – 12th Street, 3rd Floor, Oakland, CA 94607)
  • 32. Certificate C-1 Page 1 of 1 Form 2001-1 (Rev. 03/15/06)
  • 33. EXHIBIT D-1 COUNTY OF ALAMEDA RFP No. 900453 for RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW CURRENT REFERENCES Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Service Provided: Dates/Type of Service: Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Service Provided: Dates/Type of Service: Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Service Provided: Dates/Type of Service: Exhibit D Page 1 of 2
  • 34. EXHIBIT D-2 COUNTY OF ALAMEDA RFP No. 900453 for RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW FORMER REFERENCES Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Service Provided: Dates/Type of Service: Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Service Provided: Dates/Type of Service: Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Service Provided: Dates/Type of Service: Exhibit D Page 2 of 2
  • 35. EXHIBIT E (Page 1 of 3) RFP No. 900453 for (RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW) COUNTY OF ALAMEDA SMALL, LOCAL AND EMERGING BUSINESS PROGRAM SLEB CERTIFICATION INSTRUCTIONS 1. Complete the application form 3 Easy Steps Program Definitions Local Business: A business having a fixed office with a street address in Alameda County for a minimum period of 6 months and a valid business license issued by the County or a City within Alameda County Small Business: A business which has been certified by the County as local and meets the U.S. Business Administration (SBA) size standards for its classification. Size standards and classification codes information available at http://www.naics.com/search.htm Emerging Business: A business which has been certified by the County as local and meets one half of the U.S. SBA size standards for its classification and has been in business less than 5 years. If you own less than 51% interest in your business, please indicate other owner(s) name(s), title(s) and percentage of ownership. List all current business and professional licenses. If you have been in business for less than three years, please provide your actual gross receipts received for the period that you have been in business. If you have not been in business for a complete tax year, please provide actual gross receipts to date. If any item on the application form is not applicable, please put “N/A” in the designated area. If additional space is needed, please attach additional sheet(s). 2. Please sign* and mail Application to: Alameda County Auditor-Controller Agency Office of Contract Compliance 1221 Oak Street, Room 249 Oakland, CA 94612 *The application form must be signed by the owner, principal partner or authorized officer of the corporation. We will contact you within 10 days to schedule a site visit upon receipt of your application. 3. On-site Visit The following items must be available for our review during the visit to your business address:  Signed Federal Tax Returns showing Gross Business Receipts for the last 3 years**  Business Licenses  Current Identification (i.e. Driver’s License, Identification Card)  Deed, Rental or Lease Agreement showing Business Address **Personal Net Worth Statement (if the business has never filed taxes) If you have questions regarding your certification, please contact: Office of Contract Compliance Tel: (510) 891-5500 or Email: ACSLEBcompliance@acgov.org Thank you for your interest in doing business with Alameda County. SLEB CertInstructions 07/2008
  • 36. EXHIBIT E (Page 2 of 3) RFP No. 900453 COUNTY OF ALAMEDA SMALL, LOCAL AND EMERGING BUSINESS PROGRAM SLEB CERTIFICATION APPLICATION Section A: Business Information Business Type:  Sole Proprietorship  Partnership  Corporation Business Name: Business Owner Name: DBA (Circle One): Yes or No Federal Tax Identification Number: Business Address: Business Start Date: How long at this address: Business Telephone Number: Business Fax Number: Business Description: Number of Employees: Gross Business Receipts for Last Three Years (If first year in business, please list gross receipts received to date): $_____________________ 20____ $ ___________________ 20_____ $____________________ 20____ Section B: Contact Information Name: Title: Address: Email Address: Phone: Fax number: Composition of Ownership Are you a publicly traded entity, a public school, or a government? Yes No Are you a non-profit, or a church? Yes No If “Yes” to one of the above, skip Ethnicity and Gender below. The Collection of ethnicity and gender data is for statistical and demographic purposes only. Please check the ONE most applicable in each category: Ethnicity African American or Black (greater than 50%) Hispanic or Latino (greater than 50%) American Indian or Alaskan Native (greater than 50%) Native Hawaiian/Pacific Islander (greater than 50%) Asian (greater than 50%) Multi-ethnic minority ownership (greater than 50%) Caucasian or White (greater than 50%) Multi-ethnic ownership (50% Minority–50% Non-Minority) Filipino (greater than 50%) Gender Female (greater than 50% Ownership) Male (greater than 50% Ownership) Section C: North America Industry Classification System Codes (NAICS Codes) http://www.naics.com/search.htm NAICS Code(s) _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ Section D: Business and License Information Please List All Current Business and Professional Licenses: License Type: Date Issued/Expires: Jurisdiction/Issuing Authority: ______________________________ ______________________________ _______________________________ ______________________________ ______________________________ _______________________________ I declare, under penalty or perjury all of the foregoing statements are true and correct. __________________________ _____________________ _____________________________ Signature Printed Name Title (Proprietor / Partner / Officer)
  • 37. EXHIBIT E (Page 3 of 3) RFP No. 900453 for COUNTY OF ALAMEDA SMALL, LOCAL AND EMERGING BUSINESS PROGRAM SLEB RENEWAL CERTIFICATION APPLICATION SLEB Certification Number: _____________________ Date of Initial Certification: ____________________ Business Name: Federal Tax Identification Number: ______________ Business Address: How long at this address: Business Telephone Number: Main Contact Name: Business Fax Number: Phone Number: Number of Employees: Email Address: Ownership changed since last certification: Yes No Gross Business Receipts for Last Three Years: $_____________________ 20____ $ ___________________ 20____ $____________________ 20____ Composition of Ownership Are you a publicly traded entity, a public school, or a government? Yes No Are you a non-profit, or a church? Yes No If “Yes” to one of the above, skip Ethnicity and Gender below. The Collection of ethnicity and gender data is for statistical and demographic purposes only. Please check the ONE most applicable in each category: Ethnicity African American or Black (greater than 50%) Hispanic or Latino (greater than 50%) American Indian or Alaskan Native (greater than 50%) Native Hawaiian/Pacific Islander (greater than 50%) Asian (greater than 50%) Multi-ethnic minority ownership (greater than 50%) Caucasian or White (greater than 50%) Multi-ethnic ownership (50% Minority–50% Non-Minority) Filipino (greater than 50%) Gender Female (greater than 50% Ownership) Male (greater than 50% Ownership North America Industry Classification System Codes (NAICS ) ________________________________________________________ _________________________________________________________ ________________________________________________________ _________________________________________________________ ________________________________________________________ _________________________________________________________ RENEWAL AFFIDAVIT I declare, under penalty or perjury all of the foregoing statements are true and correct. __________________ __________________________ ______________________________ Signature Printed Name Title (Proprietor / Partner / Officer) Please complete, sign and mail Application to: Alameda County Auditor-Controller Agency Office of Contract Compliance 1221 Oak Street, Room 249, Oakland, CA 94612 Tel: (510) 891-5500 Email: ACSLEBcompliance@acgov.org
  • 38. EXHIBIT F COUNTY OF ALAMEDA RFP No. 900453 for RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW SMALL LOCAL EMERGING BUSINESS (SLEB) SUBCONTRACTING INFORMATION SHEET In order to meet the small local emerging business (SLEB) requirements of this RFP, all bidders must complete this form as required below. Bidders not meeting the definition of a SLEB (per this RFP County Provisions) are required to subcontract with a SLEB for at least twenty percent (20%) of the total estimated bid amount in order to be considered for contract award. This form must be submitted for each business that bidders will work with, evidencing a firm contractual commitment to meeting the SLEB participation goal. (Copy this form as needed.) Bidders are encouraged to subcontract with a SLEB that can participate directly with this contract. One of the benefits of subcontracting will be economic, but this subcontracting will also assist the SLEB to grow and build the capacity to eventually bid as a prime on their own. Once a contract has been awarded, contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor- Controller’s Office of Contract Compliance (OCC). The OCC will monitor the contract for compliance with the SLEB requirements. BIDDER:___________________________________________________________________________________  is a SLEB.  is not a SLEB and will subcontract __________% with the SLEB named below for the following service(s): _______________________________________________________________________________________ SLEB Business Name: ___________________________________________________________________ Street Address: ___________________________________________________________________ City, State, Zip: ___________________________________________________________________ Phone: ___________________________Fax:__________________E-mail:_____________ Tax ID Number: _____________________________________________________ Principal Name: ______________________________________________________ SLEB Principal Signature: _________________________________________________ ________________ (Date) Bidder Signature: _________________________________________________ ________________(Date)
  • 39. EXHIBIT G COUNTY OF ALAMEDA RFP No. 900453 for (RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW) REQUEST FOR PREFERENCE for LOCAL BUSINESS and SMALL AND LOCAL OR EMERGING AND LOCAL BUSINESS IF YOU WOULD LIKE TO REQUEST THE LOCAL BUSINESS, SMALL AND LOCAL BUSINESS, OR EMERGING AND LOCAL BUSINESS PREFERENCE, COMPLETE THIS FORM AND RETURN IT WITH YOUR BID. IN ADDITION, IF APPLYING FOR LOCAL PREFERENCE, SUBMIT THE FOLLOWING: • Copy of a verifiable business license, issued by the County of Alameda or a City within the County; and • Proof of six (6) month business residency, identifying the name of the vendor and the local address: utility bills, deed of trust or lease agreement. A five-percent (5%) preference will be granted to Alameda County products or vendors on all sealed bids on contracts except with respect to those contracts which State law requires be granted to the lowest responsible bidder. An Alameda County vendor is a firm or dealer with fixed offices and having a street address within the County for at least six (6) months prior to the date upon which a request for sealed bids or proposals is issued; and which holds a valid business license issued by the County or a city with the County. Alameda County products are those which are grown, mined, fabricated, manufactured, processed or produced within the County. In addition, a five percent (5%) preference, for a total bid preference of ten percent (10%), shall be granted (except as noted above) if the bidder is certified by the County as either a small and local or an emerging and local business. Check the appropriate (2 maximum) boxes and provide the requested information below. Request for 5% local preference Request for 5% small and local preference OR Request for 5% emerging and local preference Company Name: Street Address: Telephone Number: Business License Number: The Undersigned declares that the foregoing information is true and correct: Print/Type Name: Title: Signature: Date:
  • 40. EXHIBIT H COUNTY OF ALAMEDA RFP No. 900453 for (RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW) ALAMEDA COUNTY VENDOR FIRST SOURCE AGREEMENT VENDOR INFORMATION ALCOLINK Vendor Number (if known): 00000      SLEB Vendor Number:      Full Legal Name:       DBA       Type of Entity: Individual Sole Proprietor Partnership Corporation Tax-Exempted Government or Trust Check the boxes that apply: Goods Only Goods & Services Rents/Leases Legal Services Rents/Leases paid to you as the agent Medical Services Non-Medical Services – Describe       Other       Federal Tax ID Number (required):       P.O. Box/Street Address:                   Vendor Contact’s Name:       Vendor Contact’s Telephone:       Fax:       Vendor Contact’s E-mail address:       Please check all that apply: LOC Local Vendor (Holds business license within Alameda County) SML Small Business (as defined by Small Business Administration) I American Indian or Alaskan Native (>50%) A Asian (>50%) B Black or African American (>50%) F Filipino (>50%) H Hispanic or Latino (>50%) N Native Hawaiian or other Pacific Islander (>50%) W White (>50%) Number of Entry Level Positions available through the life of the contract:___________ Number of other positions available through the life of the contact:_________________ This information to be completed by County: Contract #______________________ Contract Amount: _______________________ Contract Term: _______________________
  • 41. EXHIBIT H COUNTY OF ALAMEDA RFP No. 900453 for (RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW) ALAMEDA COUNTY VENDOR FIRST SOURCE AGREEMENT VENDOR INFORMATION Vendor agrees to provide Alameda County (through East Bay Works and Social Services Agency), ten (10) working days to refer to Vendor, potential candidates to be considered by Vendor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County, that Vendor has available during the life of the contract before advertising to the general public. Vendor will also provide the County with specific job requirements for new or vacant positions. Vendor agrees to use its best efforts to fill its employment vacancies with candidates referred by County, but final decision of whether or not to offer employment, and the terms and conditions thereof, to the candidate(s) rest solely within the discretion of the Vendor. Alameda County (through East Bay Works and Social Services Agency) agrees to only refer pre- screened qualified applicants, based on vendor specifications, to vendor for interviews for prospective employment by Vendor (see Incentives for Vendor Participation under Vendor/First Source Program located on the Small Local Emerging Business (SLEB) Website, http://www.co.alameda.ca.us/gsa/sleb/vendor.shtml If compliance with the First Source Program will interfere with Vendor’s pre-existing labor agreements, recruiting practices, or will otherwise obstruct Vendor’s ability to carry out the terms of the contract, Vendor will provide to the County a written justification of non-compliance in the space provided below. (Company Name) ________________________________________ _______________________ (Vendor Signature) (Date) ________________________________________ _______________________ (East Bay Works / One-Stop Representative Signature) (Date) Justification of Non-Compliance: _______________________________________________________________________
  • 42. ________________________________________________________________________
  • 43. EXHIBIT I COUNTY OF ALAMEDA RFP No. 900453 for (RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW Exceptions, Clarifications, Amendments List below requests for clarifications, exceptions and amendments, if any, to the RFP and its exhibits, including Exhibit J, and submit with your bid response. The County is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification. Ite Reference To: Page No. Paragraph Description m No. No. _________________________________ _____________________________ ____________
  • 44. Bidder Name Bidder Signature Date
  • 45. Contract No. ______________________ EXHIBIT J COUNTY OF ALAMEDA STANDARD SERVICES AGREEMENT LEGAL SERVICES RETAINER AGREEMENT The County of Alameda (“County”) and __(law firm)_____, a professional law corporation, (“Attorneys”), hereby agree as follows: 1. SCOPE: Attorneys will furnish legal services to County with respect to ___________________________ and in accord with Exhibit A, attached hereto and by this reference made a part hereof. 2. TERM: The term of this Agreement shall begin on __________________. Services may be extended beyond ____________________ upon the mutual agreement of the parties. 3. COMPENSATION RATE: From ___________________ the hourly rate of compensation shall be _______ per hour for all legal services of Attorneys. 4. PAYMENT: Except for the compensation rate, stated above, all terms and conditions set forth in the Exhibit A shall dictate the terms and conditions under which services will be performed by __(law firm)______ to Alameda County. (Exhibit A) 5. DIRECTION: Attorneys’ work under this Agreement shall be under supervision of the Office of the County Counsel. 6. TERMINATION: This Retainer Agreement for legal services may be terminated by the County at any time, upon notice by the County. 7. EXPERT CONSULTANTS: County Counsel will review all requests for extraordinary expenses before the same are incurred by Attorneys. Attorneys will engage no expert consultants without having first received the consent of the Office of the County Counsel both as to the identity and task of the consultants and the hourly amount to be paid for the consultant’s work. 8. PROFESSIONAL SKILL: Attorneys are skilled in the professional calling necessary to perform the work agreed to be done under this Agreement, and County relies upon the skill of Attorneys to do and perform the work in a professional and skillful manner, and Attorneys agree to perform the work in accordance with this standard. 9. EMPLOYER/EMPLOYEE RELATIONSHIP: No relationship of employer and employee is created by this Agreement, it being understood that Attorneys shall act hereunder as independent contractors; that Attorneys shall not have any claim under this Agreement or otherwise against County for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, Page 1 of 13
  • 46. Contract No. ______________________ medical care, hospital care, retirement benefits, Social Security, disability, Workers’, Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind; that Attorneys shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Attorneys shall indemnify and hold County harmless from any and all liability which County may incur because of Attorneys’ failure to pay such taxes; that Attorneys do, by this Agreement, agree to perform their said work and functions at all times in strict accordance with currently approved methods and practices in their field and that the sole interest of County is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the agency concerned. 10. ASSIGNMENT OF CONTRACT: Nothing contained in this Agreement shall be construed to permit assignment or transfer by Attorneys of any rights under this Agreement and such assignment or transfer is expressly prohibited and void, unless expressly approved in writing in advance by County. 11. COUNTY POLICY REGARDING DRUG-FREE WORKPLACE: Attorneys and Attorneys’ employees shall comply with County’s policy of maintaining a drug- free workplace. Neither Attorneys nor Attorneys’ employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U. S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any of County’s facilities or work sites. If any principal or employee of Attorneys is convicted or pleads nolo contendere to a criminal drug statute violation occurring at County’s facilities or work sites, Attorneys shall notify County Counsel within five days thereafter. Violation of this provision shall constitute a material breach of this Agreement. 12. CONFLICT OF INTEREST: No officer, member, or employee of County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither of Attorneys shall serve on a County board, committee, or hold any such position which either by rule, practice or action nominates, recommends, supervises Attorneys’ operations, or authorizes funding to Attorneys. 13. RECORDS AND AUDITS: Attorneys will retain all records concerning this Agreement, or microfilm records of them, except original documents concerning telephone, copy, postage, telecopy and messenger charges, for a period of at least five years from the date of service. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Consultant shall make available, upon written request, to County or to the Federal/State government or any of their duly authorized representatives, this Agreement, and such books, documents, and records of Attorneys that are necessary to certify that the nature and extent of the reasonable cost of services to County. If Attorneys enter into any Agreement with any related organization to provide services pursuant to this Agreement with a value or cost of $10,000 or more over a twelve-month period, such Agreement shall contain a clause to the effect that until the expiration of five years after the furnishing of services pursuant to such subcontract, the related organization shall make available, upon written request, to the Federal/ Page 2 of 13
  • 47. Contract No. ______________________ State government or any of their duly authorized representatives, the subcontract, arid books, documents and records of such organization that are necessary to verify the nature and extent of such costs. This paragraph shall be of no force and effect when and if it is not required by law. 14. INDEMNITY: Attorneys shall indemnify and hold and save County harmless from any and all claims, expenses arid damages arising from Attorneys’ performance under this Agreement, including, but not limited to, third-party claims for injury to persons or property damage, to the extent Attorneys negligently or intentionally failed to perform such services in accordance with the standard of care applicable to Attorneys. 15. BREACH: In the event that Attorneys fail to perform any of the services described in this Agreement or otherwise breach this Agreement, County shall have the right to pursue all remedies provided by law or equity. Disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. 16. MODIFICATION: No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. After having had the opportunity to review this Agreement and Exhibit A, and after having the language in form of this Agreement approved as containing the agreement between the parties, as shown below, and by signing this Agreement, the undersigned agrees to the terms of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written below. ALAMEDA COUNTY DATED: _________________ By _______________________________ RICHARD E. WINNIE COUNTY COUNSEL ATTORNEYS DATED: _________________ By ________________________________ (Authorized Partner of Law Firm) Page 3 of 13
  • 48. Contract No. ______________________ Exhibit A I. ACRONYM AND TERM GLOSSARY Unless otherwise noted, the terms below may be upper or lower case. Acronyms will always be uppercase. Board Shall refer to the County of Alameda Board of Supervisors OCC Office of the County Counsel County When capitalized, shall refer to the County of Alameda RLF Retained Law Firm or “Attorneys” as set forth in Legal Services Retainer Agreement. II. STATEMENT OF WORK A. INTENT It is the intent of these terms and conditions to describe legal representation required by the County. B. SPECIFIC REQUIREMENTS RLF shall defend all claims or actions, including pre-judgment and post- judgment proceedings at the trial and appellate court level, referred by the County arising from alleged liability of the County under the following terms and conditions: 1. RLF shall be familiar with and competent in Public Liability Law and qualified to defend County as required by law for all claims or actions filed against County. 2. RLF shall fulfill all responsibilities associated with the case assignment and must adhere to County’s policies, procedures and defense guidelines. Page 4 of 13
  • 49. Contract No. ______________________ 3. RLF shall have an ethical responsibility to report any cases referred by County which RLF in accordance with the State of California (State) Bar guidelines, determines to be a conflict of interest. RLF will not represent County in any such case absent a written waiver from the client. 4. RLF shall designate a full partner who shall be available during regular business hours to meet with the OCC on cases or issues pertaining to any retainer. 5. Preliminary Case Management Plan and Estimated Cost Budget a. Upon referral and after reviewing the case file, and within seven (7) days, RLF will contact OCC. The attorney and the representative will agree upon a preliminary case management plan. Upon completion of the telephone conference, the attorney shall memorialize the agreed upon plan and provide a copy of said plan to OCC. b. One element of this plan will be the preparation by RLF, at no cost to County, of an estimated case budget, which shall be sent to the OCC. The estimated case budget will provide the first indication of the cost estimated to defend/represent the County. RLF shall update the initial estimate as changed circumstances dictate. Each law firm billing thereafter shall show the accumulated bills on a given case compared with the original or updated estimated case budget. 6. Case Evaluation and Plan Retained Law Firm (RLF) shall provide a written case evaluation and plan (“plan”) to OCC representative no later than ninety (90) days from the date of receiving the case. The case evaluation shall not restate or duplicate information previously provided. If more time is required to prepare and submit a meaningful case evaluation and plan, an extension of time shall be requested from OCC. In future reports, RLF must state the date of the initial report. This evaluation and plan must include the following elements: a. Statement of facts. b. Statement of the issues, including identification of any unusual or potentially precedent setting issues. c. Recommended investigations. d. Plaintiff’s/Defendant’s contentions. e. A list of defenses/allegations to be raised and discussion of likelihood of success of defenses. Page 5 of 13
  • 50. Contract No. ______________________ f. Discovery requirements including the identification of parties and witnesses of County employees or officials and assistance needed to depose, interview, obtain statements or secure interrogatories and records needed to be produced. g. Estimated time needed for new legal issues that require original research. h. Liability evaluation, including: (1) anticipated liability/recovery, (2) co-defendants’ liability, (3) settlement value and the basis utilized to calculate recommended settlement value. i. Anticipated litigation and case management strategies. j. Known anticipated expert witnesses needed. (Pre-approval is required by OCC). k. Fast Track case shall require reports as follows: 1) Case Evaluation and Plan: Ninety (90) days after assignment. 2) Status Updates: Seven (7) days after Case Management Conference. 3) Status Updates: Ten (10) days before arbitration. 4) Status Updates: Five (5) days after arbitration award. l. The names of the attorney or attorneys and paralegal assigned to handle the case. m. The name of the designated trial attorney, when and if it appears the case will go to trial. n. Cases designated as complex litigation shall require additional reporting as directed by OCC. 7. RLF shall agree that all work product including motions, exposure identification, legal research, opinion letters, etc., are the property of the client, the County, and may be copied and provided by the County to attorneys either employed or retained by the County. This provision is not a waiver of the attorney/client privilege. 8. RLF shall agree to utilize the services of County contracted contractors such as court reporters, investigators, and copy services when requested. 9. RLF, as requested, shall provide the OCC representative copies of all information and correspondence relating to each matter. They shall include communications between RLF and any department, service company, and/or plaintiff/defense attorneys. RLF will also provide copies of all case status correspondence to the OCC. Page 6 of 13
  • 51. Contract No. ______________________ 10. RLF shall obtain authority for and approval of all settlements before being submitted to the opposing counsel, the Court or mediator/arbitrator. Settlements under Fifty Thousand Dollars ($50,000) can only be approved by designated OCC staff. All settlements of Fifty Thousand Dollars ($50,000) or more must receive the prior approval of the Board of Supervisors. 11. RLF shall notify County of all proposed settlements over Fifty Thousand Dollars ($50,000) well in advance of offer to opposing counsel, Court or arbitrator/mediator. County will schedule a departmental meeting and then a Board of Supervisors’ closed session to allow the Board to review the case, under pending litigation exception to the Brown Act. RLF shall submit (at least two weeks before the departmental meeting) a one (1) page summary outlining the case and the reason and amount requested for settlement. RLF shall provide a knowledgeable lawyer, upon request, to answer all Board and staff questions; and, at the request of County, shall attend the joint departmental meeting and/or Board of Supervisors’ session. 12. RLF shall undertake a planned effort to educate and offer opportunities to the OCC staff and other designated County staff in relevant law and in the active participation in resolution procedures. 13. RLF shall agree that only partners or senior associates acceptable to County will try County cases unless special approval is received from OCC representative. When RLF receives a legal matter from the County, that matter will be assigned to a handling attorney. The name of the attorneys and any paralegals who will bill legal services to the case shall be communicated to OCC with the expectation that new attorneys have equivalent experience as those initially proposed. Any changes in case staffing must be approved by OCC. Time needed to bring newly assigned attorneys or paralegals up to speed on a case shall not be billed to or paid by County. 14. RLF shall agree not to charge the County for any client development costs. 15. Upon case resolution, RLF shall submit final case analysis and reasons for disposition to County. This submission will include copies of pertinent documents evidencing the disposition. 16. Should either the RLF or the County choose to terminate any retainer, RLF shall, at County’s discretion, continue to provide legal services as to any case referred to them prior to the notice of termination and shall be compensated upon the same terms and conditions as herein set forth. However, the County retains the option of withdrawing any pending cases from further representation by RLF, pursuant to State Bar requirements, and shall compensate RLF for reasonable legal services provided to date Page 7 of 13
  • 52. Contract No. ______________________ of termination. RLF shall promptly return any files and work product related to matters withdrawn or transferred. 17. RLF shall not undertake any action(s), with OCC concurrence, which could result in Court-imposed sanctions. The County will not pay sanctions unless the County caused the imposition of the sanction. 18. RLS shall disclose any malpractice claims imposed or incurred by any member of RLF. C. REPORTING REQUIREMENTS OF RLF All communication from RLF, following the initial case reports, shall narrowly address the issues or plans in the matter affected by a significant or substantial development or significant or substantial new, different or additional information. In general RLF shall observe the following guidelines for reporting. 1. Reports shall be as brief as possible. 2. Only significant activity shall be reported. 3. Do not reiterate the contents of documents attached but point out key information and explain its significance to the case. 4. Use email when such communication will suffice. 5. Copies of discovery demands and motions to compel need not be forwarded unless requested by OCC. 6. Pleadings seeking relief from or against the County and responsive pleadings need not be forwarded unless requested by OCC. 7. Copies of any legal research memoranda shall be forwarded, if requested by OCC. 8. Voluminous records need only be summarized for County purposes, and only upon request by OCC. D. TRIAL PREPARATION/CASE RESOLUTION It is recognized that some cases do not settle until trial is imminent. RLF shall confer with OCC to determine how each case can be reasonably and promptly resolved without unnecessary costs. The following guidelines should assist in reaching this objective: 1. Discovery Every discovery procedure shall be undertaken to accomplish a calculated purpose. The method of discovery utilized should be that which will obtain the information at the least cost and in the most efficient manner. RLF shall not schedule depositions without first giving due Page 8 of 13
  • 53. Contract No. ______________________ consideration to the value of sworn or other recorded testimony in lieu of a deposition. Unless special circumstances exist, deposition transcripts should not be ordered unless or until it is reasonably certain that the case will be tried. 2. Use of Experts Experts shall be employed only after discussion with and approval of OCC. The discussion should include the objectives of retaining the expert, the expert’s qualifications and fees, the anticipated benefits, and a determination of the point in time when the expert’s use may be most effective. Use of independent investigators by RLF will generally not be approved unless a clear legal strategy and need exists. 3. Motion Practice No motion should be prepared or filed without the prior authorization of OCC. E. BILLING PRACTICES 1. RLF shall invoice OCC only following the provision of legal services. 2. Payment will be generally made within thirty (30) days following receipt of invoice and upon satisfactory performance of services. 3. Invoices shall include, but not be limited to: a. Invoice date. b. Case name and number. c. Name of OCC. d. An individual entry for each legal task performed, and time billed for each individual task. “Block billing” for all tasks performed in one day, without designation of time for each task, will not be accepted by County. e. Date of each legal task and total time for each task performed. f. Name, or acronym, for each attorney/paralegal performing the task and hourly rate of the person performing each legal task. g. Time billed for each legal task must be charged in increments of a tenth of an hour increments. h. Fees billed for each legal task must be listed under each attorney performing said tasks by the day, broken out as set forth in g) above. i. Individually itemized disbursements for costs must be illustrated on bill. j. A summary of services, including the total time and fees per attorney/paralegal, per invoice. k. A separate bill for each case must be provided. Bill should indicate, in addition to the foregoing, total fees and costs billed to Page 9 of 13
  • 54. Contract No. ______________________ date and credits paid by County to date and a comparison to original estimate at outset of case. l. On all fee bills or billing statements, actual time in units of one- tenth (1/10th) of an hour shall be charged instead of using minimum transaction times. 4. Expenses and Costs RLF shall not bill for the following expense items at more than the specified guidelines: a. Photocopying: No more than actual cost, without mark-up, per page or the actual charge of a copy service. Large copying jobs shall be sent to a capable but economical outside copy service. b. Telephone: Actual charges only for long distance calls. c. Fax Machines: No more than actual cost, without mark-up, only for outgoing facsimile transmission. d. Postage: Actual cost of postage for mailing. e. Computerized legal research: Is considered overhead costs of RLF and will not be paid by County. f. Messenger and Delivery: For an outside messenger, the County will pay actual costs without mark-up. For RLF’s internal messenger service (between RLF’s offices in other cities), charge no more than for an outside service. g. Travel: RLF shall describe in detail on the interim bill any travel expenses incurred by counsel. RLF need not attach supporting receipts. OCC retains the right to audit travel expenses. RLF should retain receipts and other documentation for at least one (1) year following the conclusion of the case. h. The County will pay for coach airfare, standard rental cars, reasonable hotel rates, and meals for the assigned attorney. The County will not reimburse for personal telephone calls, entertainment, laundry and dry cleaning, unless travel is for seven (7) days or more away from RLF’s home or other non-essential expenditures. 5. Billing – Miscellaneous a. RLF shall bill only at approved rates. b. RLF shall not charge for overhead items such as costs of seminars, books, association dues, etc. Page 10 of 13
  • 55. Contract No. ______________________ c. RLF shall send its final bill no more than thirty (30) days after execution of the settlement agreement and/or dismissals, unless OCC provide written authority to the contrary. F. SPECIFIC BILLING REQUIREMENTS 1. Where correspondence or phone conversations are charged, the specific identify of the other party shall be included with the time entry. Likewise, if a conference is held on a lawsuit, the bill shall identify all participants or attendees. 2. Charges for activities such as a file creation, internal conferences, or training of RLF’s personnel are considered overhead items and shall not be billed to the file. 3. When standardized pleadings or forms are used, actual time needed by an attorney or paralegal to prepare the pleadings or form for typing shall be billed, not the time originally used to draft the standardized documents or the time needed to type the form or pleading. 4. RLF shall not bill for bill preparation tasks, bill explanations, bill disputes and bill corrections. 5. RLF shall not bill for more than an occasional brief (an hour or less) conference between senior and junior attorneys. The County will pay only for the senior attorney’s time for such conferences. The conferences shall be demonstrably necessary, i.e., further the prompt resolution of the case. 6. RLF shall not bill for more than one attorney to attend depositions, motions, witness interviews, document production, trial, etc. RLF shall absorb the cost of sending an extra attorney or paralegal, unless previously authorized by OCC. It is realized that in some complex trials there may be a need for a second chair attorney or paralegal but advance authorization by OCC is required. 7. RLF shall not bill for an associate’s apprenticeship time. Apprenticeship time is that which does not contribute to the defense or disposition of the file. For example, attending motions argued by more experienced lawyers in the firm, or more than one redraft of a motion, letter or memo. 8. RLF may bill for a senior partner’s initial review of a new file for initial assignment and direction. The initial review, as well as subsequent reviews, requires documentation of the partner’s input. If no value is added by the initial or subsequent review beyond maintaining general quality, RLF shall not bill OCC. Subsequent reviews are not billable. 9. RLF may bill only at apportioned, actual time where a task benefits more than one case of the County or other clients. For example, law and motion appearances with actual total time of two and one-half (2.5) hours on four (4) different files; each of four (4) files should not be billed 2.5 Page 11 of 13
  • 56. Contract No. ______________________ hours. The billing to each should instead be 0.625 hours if a more accurate allocation cannot be made among the files. 10. RLF shall not order deposition transcripts unless necessary for case preparation and discussed with OCC in advance. 11. RLF shall not prepare or bill for a summary of a deposition unless authorized by OCC in advance. If a brief (two (2) pages or less) summary is authorized, it is expected that the deposing lawyer will provide it within seven to ten (7-10) days after the taking of the deposition. The County will not pay for a paralegal or another lawyer to summarize the deposition after the deposition transcript is received unless the County authorizes it due to compelling reasons, e.g., trial date is imminent and multiple depositions are being taken in the same case. If a deposition transcript is authorized by the County to be ordered, RL F shall not bill for page and line summaries of the deposition unless the County authorizes it in advance. 12. The County expects RLF’s lead counsel to take the opposing party’s deposition in most cases, as well as taking other key depositions, e.g., opposing party’s expert key witnesses, etc. 13. RLF may bill for reasonable time to prepare for a deposition but not for a comprehensive case review. 14. RLF may bill for deposition preparation, but the preparation must be done close to the scheduled deposition, i.e., within at least a week of the deposition and be consistent with the significance of the deposition. 15. RLF shall not bill for word processing time. RLF shall bill only for the attorney’s time not the secretarial or word processing time. RLF shall not bill for multiple redraft of memos, pleadings, interrogatories, etc. One redraft is occasionally allowed but this allowance is not justification for the redraft of every document prepared. 16. Legal research, when needed, must be carefully directed by partners or senior associates. RLF shall obtain prior approval for legal research exceeding four (4) hours. Routine legal issues shall not be the subject of legal research. A copy of RLF’s research product must be maintained in the attorney’s file and forwarded to County, upon request, for future reference. Status reports shall indicate how the research on a substantive issue impacts the case. G. EXPENSES ADVANCED Expenses or costs advanced by RLF for filing and witness fees, deposition costs, etc., normally may be billed on the firm’s regular billing statement as soon as such expenses are incurred. Normally, these costs should be paid by RLF then reimbursed by the County. However, invoices for expenses exceeding five Page 12 of 13
  • 57. Contract No. ______________________ hundred ($500.00) or a different amount agreed to by OCC may be sent directly or forwarded to the OCC for payment. H. POSITIONS (ATTORNEY/PARALEGAL) WITH THE RLF DESIGNATED FOR BILLING PURPOSES If a person is designated as a paralegal, the County retains the right to audit the work performed and determine whether such work was performed by a paralegal and doing paralegal activities, e.g., a paralegal should not customarily do clerical work which is overhead expense. The same rule will apply to partners versus associates. If a person’s position is incorrectly designated (in the opinion of the County’s auditors), bills will be reduced accordingly. I. AUDITING 1. The County has the right to audit RLF’s books and records related to any County case. The audit applies to all matters referred from or handled for or on behalf of the County. 2. The County reserves the right to seek reimbursement for services or costs for invoices inappropriately billed and paid. Page 13 of 13
  • 58. RFP No. 900453 EXHIBIT L Below is the Vendor Bid List for this project consisting of vendors who have responded to RFI No. 900453 and/or been issued a copy of this RFP. This Vendor Bid List is being provided for informational purposes to assist bidders in making contact with other businesses as needed to develop local small and emerging business subcontracting relationships to meet the requirements of the Small Local Emerging Business (SLEB) Program (described within this RFP). For additional information regarding the SLEB Program, please visit our website at http://www.acgov.org/gsa/sleb/ and/or contact the Auditor- Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612 at Tel: (510) 891-5500, Fax: (510) 272-6502 or via E-mail at ACSLEBcompliance@acgov.org Potential bidders are strongly encouraged, but not required, to attend the Networking/Bidders Conferences in order to further facilitate subcontracting relationships. Vendors who attend the Networking/Bidders Conferences will be added to the Vendor Bid List. Please see the RFP sections entitled ‘Calendar of Events’ and ‘Networking/Bidders Conferences’ for additional information. The Networking/Bidders Conferences scheduled for all current projects are posted on the GSA Calendar of Events website at http:// www.acgov.org/gsa/Calendar.jsp. An RFP Addendum will be issued to all vendors on the Vendor Bid List following the Networking/Bidders Conferences and will include contact information for each vendor attendee. RFP No. 900453 - On-Call Legal Services Business Name Street Address City State Contact Name Phone Number Email McDonough, Holland, & Allen 1901 Harrison Street, 9th Oakland Donna Fazzino 510-273-8780 dfazzino@mhalaw.com Floor Richards, Watson & Gershon 44 Montgomery St., Suite San Francisco Gregory Stepanicich 415-421-8484 Gstepanicich@rwglaw.com 960 Richards, Watson & Gershon 44 Montgomery St., Suite San Francisco Mona Krane 415-421-8484 mkrane@rwglaw.com 960 Miller & Van Eaton, LLP 580 California Street, Suite San Francisco Kenneth Brunetti 415-477-3650 kbrunetti@millervaneaton.com 501 Rutan & Tucker Five Palo Alto Square 3000 Palo Alto Bill Eliopoulos 650 320-1500 beliopoulos@rutan.com El Camino Real, Suite 200 Hunt & Jeppson, Attorneys at 2200A Douglas Boulevard, Roseville Janet Hunt 916-780-7008 jglenn@hunt-jeppson.com Law Suite 100 Hannig Law Firm LLP 2991 El Camino Real Redwood City 650 482-3040 tjh@hanniglaw.com Reed Smith LLP 1999 Harrison Street Oakland 510 763 2000 dthompson@reedsmith.com William F. Adams 4305 Hacienda Drive, Suite Pleasanton 925-734-0800 wfadams@hotmail.com 370 Wendel, Rosen, Black & 1111 Broadway, 24th Floor Oakland 510-834-6600 wrbd@wendel.com Dean LLP The Bleier Law Firm Brenton Bleier bab@bleier.com Exhibit L
  • 59. EXHIBIT M RFP No. 900453 For ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW RESPONSE CONTENT AND SUBMITTALS COMPLETENESS CHECKLIST 1. Bid responses must be signed in ink and include evidence that the person or persons signing the proposal is/are authorized to execute the proposal on behalf of the bidder. 2. Bidders shall provide all of the below noted Bid documentation and exhibits. Any material deviation from these requirements may be cause for rejection of the proposal, as determined in the County’s sole discretion. The content and sequence for each required Bid document/exhibit shall be as follows: CHECK LIST  A. Title Page: Show RFP number and title, your company name and address, name of the contact person (for all matters regarding the RFP response), telephone number and quotation/proposal date.  B. Table of Contents: Bid responses shall include a table of contents listing the individual sections of the quotation/proposal and their corresponding page numbers. Tabs should separate each of the individual sections.  C. Cover Letter: Bid responses shall include a cover letter describing Bidder and include all of the following: 1) The official name of Bidder; 2) Bidder’s organizational structure (e.g. corporation, partnership, limited liability company, etc.); 3) The jurisdiction in which Bidder is organized and the date of such organization; 4) The address of Bidder’s headquarters, any local office involved in the Bid Proposal/Quotation; and the address/location where the actual production of goods and/or services will be performed; 5) Bidder’s Federal Tax Identification Number; 6) The name, address, telephone, fax numbers and e-mail address of the person(s) who will serve as the contact(s) to the County, with regards to the RFP Exhibit M Page 1 of 6
  • 60. response, with authorization to make representations on behalf of and to bind Bidder; 7) A representation that Bidder is in good standing in the State of California and will have all necessary licenses, permits, certifications, approvals and authorizations necessary in order to perform all of its obligations in connection with this RFP. This requirement includes the necessity for some out of state companies to be registered with the State of California by the effective date of the agreement. Information regarding this requirement can be located at the Secretary of State website, http://www.sos.ca.gov/.; and 8) An acceptance of all conditions and requirements contained in this RFP.  D. Letter of Transmittal: Bid responses shall include a description of Bidder’s approach in providing its goods and/or services to the County in one or two pages stating its understanding of the work to be done and a positive commitment to perform the work as specified.  E. Executive Summary: A brief synopsis of the highlights of the Proposal and overall benefits of the Proposal to the County. This synopsis should not exceed three (3) pages in length and should be easily understood.  F. Bidder’s Qualifications and Experience: Provide a description of Bidder’s capabilities pertaining to this RFP. This description should not exceed five (5) pages and should include a detailed summary of Bidder’s experience relative to RFP requirements described herein, including references.  G. Financial Statements. Responses are to include: • Bidder’s most recent Dun & Bradstreet Supplier Evaluation Report. Dun & Bradstreet Supplier Qualifier Report (formerly Supplier Evaluation Report) must be ranked a 6 or lower for bidder to be considered for contract award. For information on how to obtain a Supplier Evaluation Report, contact Dun & Bradstreet at 1-866-719-7158 or www.dnb.com.  H. Key Personnel - Qualifications and Experience: Bid responses shall include a complete list of and resumes for all key personnel associated with the RFP. This list must include all key personnel who will provide services/training to County staff and all key personnel who will provide maintenance and support services. For each person on the list, the following information shall be included: (1) the person’s relationship with Bidder, including job title and years of employment with Bidder; (2) the role that the person will play in connection with the RFP (3) address, telephone, fax numbers, and e-mail address; Exhibit M Page 2 of 6
  • 61. (4) the person’s educational background; (5) the person’s relevant experience; and (6) relevant awards, certificates or other achievements. This section of the bid response should include no more than two pages of information for each listed person.  M. References, Exhibit D1 and D2: (revise as required) 1) Bidders are to provide a list of three current and three former clients on Exhibit D1 and D2, attached hereto. References must be satisfactory as deemed solely by County. References should have similar scope, volume and requirements to those outlined in these specifications, terms and conditions. 2) Reference information is to include:  Company/Agency name  Contact person (name and title), contact person is to be someone directly involved with the services  Complete street address  Telephone number  Type of business  Dates of service 3) The County may contact some or all of the references provided in order to determine Bidder’s performance record on work similar to that described in this request. The County reserves the right to contact references other than those provided in the Response and to use the information gained from them in the evaluation process. 4) Bidder shall provide a complete client list with current contact names and phone numbers on a separate sheet(s). 5) Bidder shall provide on a separate sheet(s), complete reference information for all public institutions or agencies for which it provides or has provided comparable product, systems and services. Each reference shall include the project name and location, the scope of services performed and the name, address, telephone and fax numbers of the person who may be contacted for reference information.  N. Bid Form, Exhibit B: Pricing for the procurement of services by the County shall include all taxes, freight and all other costs, or credits, associated with the procurement and delivery to the County of Bidder’s goods and services. Refer to “PRICING” under Section IV designated “TERMS AND CONDITIONS”.  O. Evidence of Insurance Exhibit M Page 3 of 6
  • 62. Certificates of insurance are required per the attached Exhibit C from a reputable insurer evidencing all coverages required for the term of any contract that may be awarded pursuant to this RFP. The County’s insurance requirements for Additional Insured reads, “All insurance required above with the exception… shall be endorsed to name as additional insured…”An endorsement is an amendment to a contract, such as an insurance policy, by which the original terms are changed. The insurance certificate (also known as the “Acord”) carries a disclaimer, “This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy below.” Additional insureds listed in the description box are not a proper risk transfer. Any amendment or extension of the coverage such as an additional insured should be provided by a separate endorsement page or copy of the policy Q. Other required Submittals/Exhibits not included above that are required in the bid response:  Exhibit A, Acknowledgement form for the RFP and for each Addendum, must be signed and returned.  Exhibit E, SLEB Certification Application Package, completed, signed, required documentation attached (applicable to a small or emerging business, located within the boundaries of Alameda County, seeking certification or renewal certification).  Exhibit F, Small Local Emerging Business (SLEB) Subcontracting Information Sheet, must be completed and signed.  Exhibit G, Request for Preference for Local Business and Small Local or Emerging Local Business, completed and signed (read Exhibit G for applicability). If applying for local preference, submit the following:  Copy of a verifiable business license, issued by the County of Alameda or a City within the County; and  Proof of six (6) month business residency, identifying the name of the vendor and the local address: utility bills, deed of trust or lease agreement.  Exhibit H, First Source Agreement, must be completed and signed (applicable to contracts over $100,000).  Exhibit I, Exceptions, Clarifications and Amendments Form, must be completed and signed. Any exceptions, clarifications and amendments should also address the attached Exhibits, particularly Exhibit J, Standard Agreement (The County is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification).  Exhibit K, Environmental Certification. (Intentionally omitted)  Exhibit N, Debarment and Suspension Certification. Exhibit M Page 4 of 6
  • 63. EXHIBIT N COUNTY OF ALAMEDA RFP No. 900453 for (RFP ON-CALL LEGAL SERVICES IN CABLE TELEVISION, VIDEO SERVICES AND TELECOMMUNICATIONS LAW) DEBARMENT AND SUSPENSION CERTIFICATION The bidder, under penalty of perjury, certifies that, except as noted below, bidder, its principal, and any named subcontractor: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessary result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. BIDDER: _________________________________________________________________ PRINCIPAL: _______________________________ TITLE: ________________________ SIGNATURE: ______________________________ DATE: ________________________ Exhibit N

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