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Telephone: 408‐808‐7800E‐mail: kirstin.hofmann@oes.sccgov.orgAll deliveries via express carrier should be addressed as follows:Kirstin Hofmann – RFP #OES‐09‐003Office of Emergency ServicesCounty of Santa Clara55 W. Younger Ave., Ste. 450San Jose, CA 95110Any inquiries or requests regarding this procurement should be submitted to theProcurement Officer in writing. Contractor(s) may contact ONLY the ProcurementOfficer regarding this procurement. Other County employees do not have theauthority to respond on behalf of the County.B.EXPLANATION OF EVENTS1.ISSUE OF RFPThis RFP is being issued by the County Office of Emergency Services.Copies of this RFP including supporting documents may be obtainedfrom Bid Sync web site at www.bidsync.com.2.PRE‐PROPOSAL CONFERENCEAn optional pre‐proposal conference will be held on 9/28/2009beginning at 9:00 A.M. Pacific Time at the Lower Level ConferenceRoom (Lower Level East Wing, by the cafeteria) in the CountyGovernment Center, 70 West Hedding Street, San Jose, CA 95110.Attendance at the conference is highly recommended but it is not aprerequisite for submission of a proposal.Potential Contractors(s) are strongly encouraged to submit writtenquestions in advance of the conference to the Point of Contact.Additional written questions may be submitted at the conference. Allwritten questions timely received prior to the conference will beCounty of Santa Clara RFP #OES‐09‐003Page 10

addressed orally at the conference; however oral responses are notbinding.3.DEADLINE TO SUBMIT ADDITIONAL WRITTEN QUESTIONSPotential Contractor(s) may ask written questions as to the intent orclarity of this RFP until 5:00 P.M. Pacific Time as indicated inParagraph II.A. All written questions must be submitted viawww.bidsync.com The Procurement Officer will not respond toquestions submitted in any other manner or format.4.RESPONSE TO WRITTEN QUESTIONS/RFP AMENDMENTSWritten responses to written questions and any RFP changes will beissued as an addendum and posted on www.bidsync.com.The County reserves the right to post addenda until the RFP closingdate and time.5.SUBMISSION OF PROPOSALPROPOSALS MUST BE RECEIVED NO LATER THAN 12:00 P.M.PACIFIC TIME ON 10/14/2009. Proposals are to be received at thetime and place listed below. All received proposals will be timestamped.All deliveries via express carrier should be addressed as follows:Kirstin Hofmann – RFP #OES‐09‐003Office of Emergency ServicesCounty of Santa Clara55 W. Younger Ave., Ste. 450San Jose, CA 95110Proposals must be sealed and labeled on the outside of the package toclearly indicate that they are in response to “RFP # OES‐09‐003.”Proposals submitted by facsimile or electronically will not beaccepted.6.INCURRING COSTCounty of Santa Clara RFP #OES‐09‐003Page 11

This RFP does not commit the County to award, nor does it committhe County to pay any cost incurred in the submission of the Proposal,or in making necessary studies or designs for the preparation thereof,nor procure or contract for services or supplies. Further, noreimbursable cost may be incurred in anticipation of a contract award.CLAIMS AGAINST THE COUNTY: Neither your organization norany of your representatives shall have any claims whatsoever againstthe County or any of its respective officials, agents, or employeesarising out of or relating to this RFP or these procedures (other thanthose arising from a definitive, executed Agreement with yourorganization in accordance with the terms thereof).7.GUARANTEE OF PROPOSALResponses to this RFP, including proposal prices, will be consideredfirm and irrevocable for one‐hundred and eighty (180) days after thedue date for receipt of proposals or one‐hundred eighty (180) daysafter receipt of a best and final offer, if one is submitted.8.BASIS FOR PROPOSALOnly information supplied by the County in writing or in this RFPshould be used as the basis for the preparation of Contractor(s)proposals.9.FORM OF PROPOSALSNo oral, telephone, facsimile or electronic proposals will be accepted.10.LATE RESPONSESAll proposals submitted in response to this RFP must be delivered inperson or received via courier or mail no later than the RFP due dateand time. The Office of Emergency Services’ time and date stamp willbe the basis of determining receipt of proposal.11.NO PUBLIC PROPOSAL OPENINGCounty of Santa Clara RFP #OES‐09‐003Page 12

There will be no public opening for this RFP.12.CALIFORNIA PUBLIC RECORDS ACT (CPRA)All proposals become the property of the County, which is a publicagency subject to the disclosure requirements of the Public RecordsAct (PRA, California Government Code section 6250 and following).If proprietary information is contained in or attached to the writtenproposal, and Contractor(s) claims that it falls within one or morePRA exemptions, the proposal must clearly identify the “proprietary”or “confidential” information. In the event of a PRA request for suchinformation, the County will ask Contractor(s) to provide a legal basisfor exempting it under the PRA. Unless the Contractor(s) timelyprovides an adequate legal basis to keep the information confidentialand agrees in writing to defend and indemnify the County in anylitigation that may result from denial of a PRA request the Countywill disclose the information under the PRA.13.CONFIDENTIALITYAll data and information gathered by the Contractor(s) and its agentsin this RFP process, including reports, recommendations,specifications and data, shall be treated by the Contractor(s) and itsagents as confidential. The Contractor(s) and its agents shall notdisclose or communicate this information to a third party or use it inadvertising, publicity, propaganda, or in another job or jobs, unlesswritten consent is obtained from the County. Generally, eachproposal and all documentation, including financial information,submitted by a Contractor(s) to the County is confidential untilnegotiations are completed.14.ELECTRONIC MAIL ADDRESSMost of the communication regarding this procurement will beconducted by electronic mail (e‐mail). Potential Contractor(s) agree toprovide the Procurement Officer with a valid e‐mail address toreceive this correspondence.15.USE OF ELECTRONIC VERSIONS OF THE RFPCounty of Santa Clara RFP #OES‐09‐003Page 13

This RFP is being made available by electronic means. If accepted bysuch means, the Contractor(s) acknowledges and accepts fullresponsibility to insure that no changes are made to the RFP. In theevent of conflict between a version of the RFP in the Contractor(s)’spossession and the version maintained by the Office of EmergencyServices the version maintained by the Office of Emergency Servicesmust govern.16.COUNTY RIGHTSThe County reserves the right to do the following at any time:a. Reject any or all proposal(s), without indicating any reason forsuch rejection.b. Waive or correct any minor or inadvertent defect, irregularity ortechnical error in a proposal or the RFP process, or as part of anysubsequent contract negotiation.c. Request that Contractor(s) supplement or modify all or certainaspects of their proposals or other documents or materialssubmitted.d. Terminate the RFP, and at its option, issue a new RFP.e. Procure any equipment or services specified in this RFP by othermeans.f.Modify the selection process, the specifications or requirements formaterials or services, or the contents or format of the proposals.g. Extend a deadline specified in this RFP, including deadlines foraccepting proposals.h. Negotiate with any or none of the Contractor(s).i.Modify in the final agreement any terms and/or conditionsdescribed in this RFP.j.Terminate negotiations with a Contractor(s) without liability, andCounty of Santa Clara RFP #OES‐09‐003Page 14

negotiate with other Contractor(s).k. Disqualify any Contractor(s) on the basis of a real or apparentconflict of interest, or evidence of collusion that is disclosed by theproposal or other data available to the County.l.Eliminate, reject or disqualify a proposal of any Contractor(s) whois not a responsible Contractor(s) or fails to submit a responsiveoffer as determined solely by the County.m. To accept all or a portion of a Contractor(s)’s proposal.17.Compliance with LawsContractor(s) shall, during the term of any contract, comply with allapplicable federal, state, and local rules, regulations and laws.18.Excluded Parties ListContractor ensures that it, its employees, contractors, subcontractorsor agents are not suspended or debarred from receiving federal fundas listed in the List of Parties Excluded from Federal Procurement orNon‐procurement Programs issued by the Federal General ServicesAdministration. (http://epls.arnet.gov/) CONTRACTOR must within30 calendar days advise the COUNTY if it, its employees, contractors,subcontractors or agents become suspended or debarred fromreceiving federal funds as listed in the List of Parties Excluded fromFederal Procurement or Non‐procurement Programs issued by theFederal General Services Administration during the term of thisAgreement.19.Nondiscrimination(a)If a contract is awarded, successful Contractor(s) shall complywith all applicable Federal, State and local laws andregulations including Santa Clara County’s policies concerningnondiscrimination and equal opportunity in contracting. Suchlaws include but are not limited to the following: Title Vii ofthe Civil Rights Act of 1964 as amended; Americans withDisabilities Act of 1990; The Rehabilitation Act of 1973County of Santa Clara RFP #OES‐09‐003Page 15

(Sections 503 and 504); California Fair Employment andHousing Act (Government Code Sections 12900 et seq.);California Labor Code sections 1101, 1102, and 1102.1.Successful proposer shall not discriminate against anysubcontractor, employee, or applicant for employment becauseof age, race, color, national origin, ancestry, religion,sex/gender, sexual orientation, mental disability, physicaldisability, medical condition, political beliefs, organizationalaffiliations, or marital status in the recruitment, selection fortraining including apprenticeship, hiring, employment,utilization, promotion, layoff, rates of pay or other forms ofcompensation. Nor shall successful proposer discriminate inprovision of services provided under this contract because ofage, race, color, national origin, ancestry, religion, sex/gender,sexual orientation, mental disability, physical disability,medical condition, political beliefs, organizational affiliations,or marital status.(b)20.Violation of this provision shall be deemed a material defect bysuccessful proposer giving County a right to terminate thecontract.Conflict of InterestIn responding to this RFP, Contractor(s) covenants that it presentlyhas no interest and will not acquire any interest, direct or indirect,financial or otherwise, which would conflict in any manner or degreewith the performance or services under any Agreement which may beestablished as a result of this process.21.Ownership Rights to Materials and Restrictions on UseAll materials obtained, developed or prepared by Contractor(s) in thecourse of performing services hereunder, including but not limited tovideotapes, audio recordings, still photographs, ads or brochures, andthe derivative works, patents, copyright, trademark, trade secret orother proprietary rights associated therewith (collectively“Deliverables”), shall be the sole and exclusive property of theCounty. To the extent Contractor owns or claims ownership rights tosaid Deliverables, Contractor hereby expressly assigns all said rights,County of Santa Clara RFP #OES‐09‐003Page 16

title, and interest in and to the Deliverables to the County pursuant tothe terms and conditions of this agreement and at no additional cost.The County has the exclusive royalty‐free irrevocable right toduplicate, publish or otherwise use for any purpose, all materialsprepared under this agreement. If Contractor wishes to use thematerials prepared hereunder for any purpose including but notlimited to promotional, educational or commercial purposes, theContractor shall obtain prior written authorization from the County,which consent may be withheld by the County in its sole discretion.22.Appeal ProcessA. Filing and Review:As set forth in the schedule above, all proposers will be notified of theCounty’s intent to award the contract. Any appeal of such a decisionmust be made in writing. The written appeal must be emailed, faxedand/or mailed to an official as designated in the notification (the“Reviewing Officer”). The Reviewing Officer shall not be anemployee of the County’s Office of Emergency Services.All appeals must be received by the Reviewing Officer by 5:00 pm,five days after issuance of the notice of intent to award. Any appealsreceived after this time will not be considered. The following must bewritten on the cover of the appeal: ʺAppeal Relating to RFP #OES‐09‐003.ʺThe written appeal must contain the following information: (1) thename, street address, electronic mail address, and telephone andfacsimile number of the Appellant; (2) signature of the Appellant orits representative; (3) a detailed statement of the legal, includingregulatory and statutory, and factual grounds of the appeal and/orviolations of the review process; (4) true and correct copies of anyrelevant documents; (5) the form of relief requested; and (6) where theReviewing Officer should send his/her written appeal decision.Appeals should be concise and logically arranged. The ReviewingOfficer has discretion whether to consider an appeal that does notcomply with any of the requirements set forth in this Appeal Process.Only the information submitted with a timely appeal will beCounty of Santa Clara RFP #OES‐09‐003Page 17

considered by the Reviewing Officer. The Reviewing Officer has theauthority to request additional information or documents from theAppellant, County department(s) or third parties.If an Appellant wishes to have a hearing, the Appellant must includea request for a hearing in its written appeal. This request for ahearing must explain the reasons that a hearing is needed to resolvethe appeal. The Reviewing Officer has sole discretion, after reviewingan appeal, to determine if a hearing is necessary. If the ReviewingOfficer determines that a hearing is necessary, the Reviewing Officerwill Notify the Appellant and schedule a pre‐hearing conference todiscuss the procedures to be followed, including the issues anddocuments to be considered and the witnesses who will testify.The Reviewing Officer will review an appeal to determine whetherthere were any statutory, regulatory or other legal violations, orviolations of the proposal review process. The Reviewing Officer willissue a written decision on a properly‐filed appeal. If the Appellantfailed to specify in its written appeal where the Reviewing Officershould send the written decision, the reviewing Officer will sendhis/her written decision to the Appellant by mail.B. Remedies:If the Reviewing Officer determines that there a violation occurredthat changed the outcome of the selection process, the ReviewingOfficer may recommend that the Procurement Officer implement anycombination of the following remedies:(1) Issue a new Request for Proposal;(2) Award a contract consistent with statute and regulation;(3) Grant the relief requested by the Appellant; or(4) Any other recommendation(s) as the Reviewing Officerdetermines necessary to promote compliance.In determining the appropriate recommendation(s), the ReviewingOfficer may consider the degree of prejudice to other parties or to theintegrity of the competitive procurement system, the good faith of theparties, the extent of performance, the cost and/or liability to theCounty of Santa Clara RFP #OES‐09‐003Page 18

County, the urgency of the procurement, and the impact of therecommendation(s) on the County or departmental mission.No contract shall be awarded until the time for filing an appeal haspassed without an appeal being filed, or, if an appeal is filed, until adecision has been rendered on the appeal.County of Santa Clara RFP #OES‐09‐003Page 19

III. RESPONSE FORMAT AND ORGANIZATIONA.NUMBER OF RESPONSESContractor(s) shall submit only one proposal.A Contractor(s) may submit an amended proposal before the deadline forreceipt of proposals. Such amended proposals must be completereplacements for a previously submitted proposal and must be clearlyidentified as such in the transmittal letter. The County personnel will notmerge, collate, or assemble proposal materials.Contractor(s) will be allowed to withdraw their proposals at any time priorto the deadline for receipt of proposals. The Contractor(s) must submit awritten withdrawal request signed by the Contractor(s)’s duly authorizedrepresentative addressed to the Procurement Officer.B.NUMBER OF COPIESContractor(s) must provide one (1) original and eight (8) identical copies oftheir proposal to the location specified on or before the closing date and timefor receipt of proposals. The original must be stamped “original” andcontain original signatures on the necessary forms.All of the original binders must be stamped “original”. Original Binder mustcontain all of the required signatures from the Contractor(s). The remainingsets should be copies of the originals.Contractor(s) must also provide two (2) electronic copies of their proposal inCD‐ROM format, prepared using Microsoft Office 2003, Word, Excel andProject. The CD shall be included in the original Binder.C.PROPOSAL FORMATAll proposals shall be typewritten on standard 8 ½ x 11 paper (larger paperis permissible for charts, spreadsheets, etc.) and placed within a binder withtabs delineating each section. Hard copies should utilize both sides of thepaper where practical.County of Santa Clara RFP #OES‐09‐003Page 20

1.LETTER OF TRANSMITTALEach proposal received must include a letter of transmittal. The letterof transmittal MUST:a. Identify the submitting organization;b. Identify the name, title, telephone and fax numbers, and e‐mailaddress of the person authorized by the organization tocontractually obligate the organization;c. Identify the name, title, telephone and fax numbers, and e‐mailaddress of the pers

county of santa clara rfp #oes‐09‐003 page 1 county of santa clara, california request for proposal rfp #oes‐09‐003 for public awareness campaign for alertscc