ALAMEDA COUNTY SHERIFF S OFFICE ADDENDUM No. 1 to RFP No For JAIL MANAGEMENT SYSTEM

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1 ALAMEDA COUNTY SHERIFF S OFFICE ADDENDUM No. 1 to RFP No For JAIL MANAGEMENT SYSTEM Specification Clarification/Modification and Recap of the Networking/Bidders Conferences Held on September 27 and September 28, 2011 NOTICE TO BIDDERS THIS ACSO RFP ADDENDUM HAS BEEN ELECTRONICALLY ISSUED TO POTENTIAL BIDDERS VIA . ADDRESSES USED ARE THOSE IN THE COUNTY S SMALL LOCAL EMERGING BUSINESS (SLEB) VENDOR DATABASE OR FROM OTHER SOURCES. IF YOU HAVE REGISTERED OR ARE CERTIFIED AS A SLEB PLEASE ENSURE THAT THE COMPLETE AND ACCURATE ADDRESS IS NOTED AND KEPT UPDATED IN THE SLEB VENDOR DATABASE. THIS RFP ADDENDUM WILL ALSO BE POSTED ON THE GENERAL SERVICES AGENCY (GSA) CONTRACTING OPPORTUNITIES WEBSITE LOCATED AT LAKESIDE DRIVE, SUITE 907, OAKLAND, CALIFORNIA FAX October 1, 2011 / Page 1

2 General Questions Responses to Submitted Questions 1. Would the County consider extending the submission date by three weeks to November 9, 2011? County Response: No extensions will be permitted. 2. Is the RFP available in Microsoft Word format? County Response: Yes. To obtain a copy, simply Lt. Shawn Sexton (SSexton@acgov.org) and request a copy in Word. 3. What database technologies are supported by county resources? County Response: DB2 (supported on IBM ZOS platform) and SQL Server 2005 / 2008(R2), supported on Standalone server, Windows cluster server, or County Wide Enterprise SQL Server. 4. What wireless infrastructure is currently in place? County Response: Wireless LAN Infrastructure is as follows: a. Santa Rita Jail (in Dublin): 3 wireless access points that provides coverage to the two training classrooms and one conference room (all are located in the CORE building); no wireless infrastructure exists in the housing units. b. Glenn Dyer Jail (in Oakland): None. 5. Does the county have preferred database and operating system platforms? County Response: a. DB2 (release 9 or 10) on ZOS or SQL 2005/2008(R2) on Window Server 2003 or Use of DB2 or SQL Server is dependent on application ease of interface to existing databases and knowledge of staff supporting application. b. For SQL server database and SQL SSRS, the County prefers to implement on the central County Wide Enterprise SQL Server 2005 platform (a County Wide SQL database solution with clustered Enterprise servers supporting High Availability on Windows Cluster servers with EMC SAN Disk system also supporting redundant High Availability). c. The preferred operating system platform for new deployments of Windows based systems is Windows Server 2008 R2. The current enterprise SQL environment runs on Windows October 1, 2011 / Page 1

3 6. Are there any County architectural standards that proposers need to be aware of? County Response: a. Developer may define and administer databases on a development instance of SQL Server. b. Maintenance of production databases are done by the DBA team. c. Changes to production databases are scheduled with DBA team and migrated by DBA team to production. d. Security is maintained by the security and DBA teams. e. Security is granted via AD groups associated with AD user ID. f. If SQL user ID is required by application, different user ID s and passwords are used in production versus development environments. g. SA and DBO authority in production is only granted to County DBA s. DBO is granted to developers in development environment. h. County DBA team will create initial database shell in all environments. i. Developers are granted authority (via DBO) to create and administer database objects within a database in development environment. j. Migration of SSRS reports to production is handled by county operations staff. k. Full backups are done automatically every night in production. l. Transaction log backups are done automatically every 10 minutes in production. m. Daily backups are copied and stored offsite daily. n. Enterprise SQL stored procedures should not contain business logic (SQL only). 7. How many terminals are connected to the current Jail Management System? County Response: What is the number of users we have on the current Jail Management System? County Response: There are approximately of 260 users in a 24-hour period at SRJ and 100 at GDJ. October 1, 2011 / Page 2

4 9. Does the SO wish to be able to track the deputies activities associated with court and other duties to determine cost? County Response: This is not a requirement of the RFP. 10. Proposed application makes use of facial recognition software that is provided by the vendor s solution, would you accept Fingervein recognition which is far more reliable than facial? County Response: This is not a requirement of the RFP. 11. By the County s standards, what qualifies as Minor Modification and what qualifies as a Major Customization? County Response: The County has no additional qualifier beyond the definitions in the RFP. 12. Will there be a project management office in place? County Response: Yes. 13. How many project managers will be assigned to the project and do they represent IT or the business or both? County Response: There will be one ACSO Project Manager, one external Project Manager, and chairs of operational and technical working groups. 14. Is there a Change Manager? If so, how many resources are allocated to change management? County Response: The external Project Manager will be providing change management services. 15. How many subject matter experts will be allocated from the business? County Response: There are currently 5 subject matter experts, and more will be brought into the project during implementation. 16. How many business analysts will be allocated? County Response: There is no set number of analysts. ACSO will supplement the existing 10 business experts (analysts) on an as-needed basis. October 1, 2011 / Page 3

5 17. How many technical resources (developers, DBAs, report writers, architects, etc.)? County Response: There are two full time IT resources, in addition to the support provided by the County s Information Services Division. 18. Can the County define WAITER in more detail? County Response: The County is preparing a response to this question, but may not be able to publish it prior to the bid submission due date. 19. Is the County willing to extend the due date for the RFP response? County Response: No 20. What is the budget for the JMS project? County Response: Undisclosed 21. Have funds already been allocated for the JMS project? County Response: An undisclosed percentage of funds have been allocated, with future funding in the pipeline. 22. Referencing the RFP, Exhibit O, page 2 (Interfaces). Can our response to this section be in a format similar to the information requested in Part II (Statement of Work), Section D (Specific Requirements), 4 (Implementation), c (Data Migration Plan), to describe our interface capabilities, instead using a response code? County Response: No. 23. Can bidders get access to the County s Small Local and Emerging Business (SLEB) listing? County Response: This list is available from the County website. 24. Will SLEB participation improve bidder s scores? County Response: SLEB participation is not measured. October 1, 2011 / Page 4

6 25. Referencing the RFP, under Part II. Statement of Work, section D (Specific Requirements), 4 (Implementation), d (Training), 4 (Post-implementation training). Does the County object to pricing these services as time & material, or is fixed price required? County Response: Either fixed-price or time & materials pricing is acceptable. 26. Referencing the RFP, under Part I (Acronym and Term Glossary) there's an entry for Performance Test, but the type of testing tool(s) are not specified. County Response: A mutually-agreed upon tool set will be used. 27. Prior to releasing the RFP, did the County have any demonstrations from JMS vendors? County Response: No. 28. Will a list of the bidder attending today's meeting be made available? County Response: See attached. 29. Referencing the RFP, exhibit D-1 (Current References), says, The Proposer must provide five (5) customer references...which the Proposer has completed within the past three (3) years. Are these to be completed by vendor, referenced client, or both)? Would the County be willing to accept customer references completed within the past five (5) years? County Response: The County will accept proposer references from the past five (5) years (indicating JMS installations provided by the proposing vendor). 30. Referencing the RFP, under Part II (Statement of Work), section D (Specific Requirements), 4 (Implementation), C (Data Migration), does the County anticipate migrating any other data, besides master name records? County Response: There is value in migrating other data, some of which is set to expire, but the selected contractor will need to work with the County Information Technology Department to describe how they would map and export data. The data migration will be determined based on the complexity and cost of their export/import procedures. October 1, 2011 / Page 5

7 31. What is the plan for decommissioning AJIS? Does the County intend on keeping the system online after the JMS implementation is compete? County Response: Possibly, depending on the vendor s proposed data migration plan. 32. The JMS will be used at two detention facilities (Santa Rita Jail and Glenn E. Dyer Detention facility). Does the County expect the JMS to keep data and associated statistics divided between the facilities? County Response: The JMS should use a shared database for both facilities, with uniform functionality, workflow and reporting tools. 33. Will the JMS need to provide functionality to manage juvenile inmate data? County Response: No. 34. Does the County support contract housing? County Response: ACSO occasionally houses behavioral healthcare inmates with Santa Clara County. 35. If the proposed JMS has a MAR (Medication Administration Record) system, would the County have an interest in utilizing the JMS MAR? County Response: This area would not be part of the scope of work for the selected contractor. The County subcontracts correctional healthcare to Corizon, Inc. (formally PHS Correctional Healthcare) for inmate health services. Corizon subcontracts with Maxor to provide inmates with prescription medications. 36. How many concurrent JMS users does the County anticipate? County Response: The County envisions no more than 100 concurrent users. However, the County is interested in site licensing. 37. How many workstations/terminals does AJIS support? County Response: The County is researching this answer, but may not be able to provide a response prior to the bid submission deadline. October 1, 2011 / Page 6

8 38. Per the RFP, the selected contractor will provide the required JMS. Does the County have a hardware preference? County Response: No. 39. Are both facilities connected to the County data center? County Response: Yes. 40. Per the RFP, the JMS may use Crystal Reports from SAP BusinessObjects as a reporting tool. Does the County currently have a Crystal Reports licensing agreement (i.e. site license)? County Response: No. 41. Are the funds already allocated for the JMS project required to be spent by end of this year? County Response: No. 42. Is there a requirement to support medical screening during intake in the JMS? County Response: Yes. Per the RFP, Exhibit O, page 12 (Medical Processing), "The proposed solution will enable collection of intake medical information. 43. During intake, do deputies complete the Chrono form? County Response: No, it's completed by the intake nurse. Most of the Chrono questions are medical in nature, and the JMS would interface with inmate medical charts to reduce data entry. 44. Does the County house "weekenders?" County Response: Yes. Most are housed at the Glenn Dyer facility, with females at Santa Rita. 45. Does the County have a Sheriff's Work Alternative Program (SWAP)? County Response: Yes. October 1, 2011 / Page 7

9 46. How does County reconcile inmate appointments for the health clinic with court dates? County Response: The Corizon medical staff has to enter appointment data into both the Catalyst Electronic Health Record (EHR) system and AJIS. 47. How close to capacity is Santa Rita Jail? County Response: Total inmate population is currently 3300, jail capacity is The County anticipates a gradual increase in population due to Assembly Bill 109 (Criminal justice alignment). 48. Will the kitchen interface with JMS? County Response: Yes. Per the RFP, Exhibit O, page 43 (Food Service Requirements), "When a member of the medical staff enters an order for a restricted medical diet into an inmate's medical record, JMS shall add the new order to a list of restricted diet orders, and shall communicate the request to Food Services." 49. Who is the Santa Rita Jail phone vendor? County Response: Global Telelink (GTL). 50. Does the current commissary vendor provide Santa Rita Jail with kiosks? County Response: No. 51. Who is the commissary vendor? County Response: Canteen 52. After a subject is booked, can he/she be released on personal recognizance? County Response: No. 53. How many agencies book inmates into Santa Rita Jail? County Response: Approximately 40. October 1, 2011 / Page 8

10 54. Does the Cogent LiveScan system interface with AJIS? County Response: Minimally. Responses to Submitted Questions 55. Does the County currently photograph inmate property? County Response: No. 56. Are inmates dressed-out in different colors, depending on classification? County Response: Yes. 57. Has the County be accredited by the American Correctional Associations (ACA)? County Response: Yes. 58. Does the County have a separate academy for jail deputies? County Response: No, there's is one academy, which is on a campus adjacent to Santa Rita Jail. There is a training classroom at the academy where there are approximately 30 dedicated computers and another classroom in Santa Rita which can accommodate approximately 20 computers. 59. Does the County have a separate academy for jail deputies? County Response: No, there's is one academy, which is on a campus adjacent to Santa Rita Jail. There is a training classroom 60. Will the same project staffing team be in place after go-live? If not, what is the post go-live staffing plan? County Response: Yes. 61. Will the business or the IT department be responsible for the system post go-live? County Response: There will be a sustainment team comprised of both IT and business participants. October 1, 2011 / Page 9

11 62. Will the County provide the names of pre-proposal attendees? County Response: Yes, as follows. September 27, :00 3:00 p.m. (Glenn E. Dyer Detention Facility) Joe Dabay GTL 304/ Boris Shukman ATIMS 818/ Ty Thompson New World Systems 719/ Kevan Dobsin SYSCON 604/ Paul Turner GTL 925/ Jeff Sweeney Intellitech 330/ Steve Alvey Motorola 815/ Steve Mason Motorola 951/ Bruce Foster Intellitech 330/ September 28, :00 Noon (Santa Rita Jail Facility) Bruce Foster Intellitech 330/ Jeff Sweeney Intellitech 330/ Mark Bryggman HP 925/ Ty Thompson New World Systems 719/ Paul Turner GTL 925/ Joe Dabay GTL 304/ Kevan Dobsin SYSCON 604/ Jim DeFreeuw Intergraph 925/ Jeanette Walkley ATIMS 310/ Boris Shukman ATIMS 818/ October 1, 2011 / Page 10

12 RFP Requirement Questions # Page Section Sub Requirement Question County Response section 6 3 A2 b Ability to receive electronic booking information from fieldbased devices a. Please define the term field based devices. b. What data fields need to be transferred? 7 3 A2 f The JMS is integrated with CRIMS (the countywide Intranet browser-based software application that serves as a criminal justice information portal, facilitating information sharing among all participating justice partners in Alameda County. The software has been designed using modern technologies and practices, promoting inter-operability between a variety of criminal justice computer systems within and outside Alameda County) c. Is interface real time or batched? a. Please explain how you would envision the integration with CRIMS working? b. What data fields would be transferred between the CRIMS and JMS system and if the interface is real time or batched? a. Field based devices would include mobile data products (i.e., laptops) which connect wirelessly to the County. b. Electronic booking information. c. Real time. a. See the Business Use Case on Page 7 (under Intake). b. The electronic booking information would be transferred in real time. October 1, 2011 / Page 11

13 8 3 A2 g The JMS is integrated with the Electronic Medical Accountability Records System (emars), provided by PHS corporation. Specifically, the data captured on the application s chrono form (a medical authorization for medically necessary items in the housing unit, e.g. an extra mattress and pillow) must be integrated into the new JMS 9 3 A2 h The JMS is able to conduct two VINE extracts per day from AJIS 10 4 A2 j The JMS conducts a daily pharmacy extract from AJIS and provides data to the County s external provider (Maxor) a. Please provide more information about what data from the Electronic Medical Accountability Records System (emars) will be integrated into the new JMS. b. Would the County please provide a list of the data fields that need to be transferred and if the interface is real time or batched? a. What Vine data is being extracted from AJIS? b. Would the county consider storing the VINE data in the JMS and eliminating the need for an interface to AJIS? a. Since a record of the inmate medicine is required to meet the requirements on page 50, would the county consider providing the pharmacy data stored in the JMS to Maxor eliminating the need for an interface to AJIS? The County has provided a sample chrono form (see Attachment 1) which defines the data fields that would need to be transferred in real time. Data exchange information may be retrieved from the VINE website at: nelink/siteinfoaction.do?sitei d=5001. The County would evaluate storing the VINE data in JMS as an alternative. The County would evaluate the option. October 1, 2011 / Page 12

14 11 4 A2 m The JMS is able to receive inmate location, disciplinary, and appointment data from AJIS and loaded by FTP to Waiter a. Please explain how you envision the integration between AJIS and the JMS working? b. What data fields would be transferred between the AJIS and JMS system and if the interface is real time or batched? The County is preparing a response to this question, but may not be able to publish the information prior to the bid submission date. c. What data fields would be transferred between the Waiter and JMS system and if the interface is real time or batched? 12 9 B2 a(51) Hazard or Keepsafe warning Please define the terms Hazard or Keepsafe warning. 10 B2 c If JMS contains medical history based on a prior record (or records), the system shall alert the user when a previous dangerous condition has not been recorded during the current booking B2 j Ability for system to generate a bar code on the booking sheet which represents a user-defined 7 digit number Please define the term dangerous condition. Is the 7 digit number defined by an individual user or by the system administrator? Any hazards or warnings which pertain to an inmate, captured at the time of booking. An example of a dangerous condition would be an inmate prone to violence against jail personnel. The system administrator. October 1, 2011 / Page 13

15 14 11 B3 A(3) Pending bail enhancements Please define pending bail enhancement B4 a The proposed solution will enable collection of intake medical information (see Appendix A) B4 b The proposed solution conforms with HIPPA regulations regarding security and privacy of medical data collection B3 e When JMS has received an amount of bail equal to the total for all charges, the system shall print a notice to release at the holding area printer (if the inmate has not been transferred to a housing unit) B5 e JMS shall allow the user to modify the amount of default receipts B5 n The property storage shall use bar coding technology Can the county please direct us to Appendix A? Please define HIPPA. HIPAA Health Insurance Portability and Accountability Act? Would the County consider an alternative method of notifying holding area staff which eliminates the reliance on printers? Please explain what you mean by alter the amount of default receipts and when this modification is carried out? Please explain how you envision bar coding being used for property storage? Bail enhancements are increases in bail values as determined by the Courts. This requirement has been deleted. Correct. Potentially (depending on the proposed alternative). Certain receipts may include default dollar values, which a user should be able to override (in the current environment, default values cannot be modified). Bar coding technology is widely used for quickly labeling bags of property in storage facilities. Once applied to a bag, the movement of such properly can be quickly monitored by scanning it. October 1, 2011 / Page 14

16 20 17 B7 d(6) The information on the biometric identification unit is generated concurrently with the booking sheet. The number, size, and content of any other labels printed on the booking sheet shall be user-definable B7 d(7) Optionally: A passive radiofrequency identification (RFID) tag built into the unit B9 a JMS shall allow for disposition information to be entered into the Master Name Index record for an inmate 23 B9 b If the inmate is sentenced to serve time in local custody, then JMS shall have the ability to calculate the release date, considering credit for time served, good time and work time credits and debits, percentage reductions and any other sentence modifications allowed by law, any court or other lawful process. The algorithm for this calculation shall be user-maintainable and definable Please clarify what biometric data is being stored on the biometric identification unit (wristband) and if the biometric identification unit uses the facial recognition functionality (defined on page 26) or another type of biometrics? Will providing this optional functionality increase the marks awarded to a bidder response? Given that the number of variations to sentence calculation are limitless, can we assume that the user maintainability of the algorithm is based on the current structure? (For example credits are based on certain number of days per month or credits are based on a percentage of the overall sentence length) And that if subsequent changes are required that are outside of the current structure, that it is understood that a change order may be required. (For example if the courts change the aggregation logic for multiple sentences which could impact the credit/debit adjustments, that this may not have been accounted for and would require further development.) The County is interested in the proposed solution s ability to fulfill this requirement and has not prescribed a specific biometric data. The example on Page 26 is a separate requirement. No. This requirement merely requires that the MNI include a field that reflects a disposition code, defined collaboratively by the vendor and the County. Yes, the algorithm would be based on then-current conditions. October 1, 2011 / Page 15

17 24 22 C1 a Utilizing the Live-Scan device, a fingerprint technician shall be capable of downloading identification information on any subject match to JMS. The system should capture and populate the JMS entry fields for the following criteria: C1 u Proposed application makes use of facial recognition software that is provided by the vendors solution D1 b Ability to populate inmate records with information downloaded from Criminal Offender Record Information (CORI) record D3 A(6) and (7) Reclassification delay summary report (6) Initial classification delay summary report (7) Initial and reclassification delay summary report E3 b(2) Running local wants and warrant checks on visitors Is the fingerprint data being matched against fingerprint data in the JMS or is it being matched against another AFIS system (Automated Fingerprint Identification system)? Please explain how you envision facial recognition to be used in the application and if it would only be used on inmate images? Please define the data elements to be downloaded and if the interface is real time or batched? Would the county accept an inquiry screen rather than a report to meet this functionality? Please clarify how the data on local wants and warrants will be obtained? Against an AFIS system. See C1, v and w on Page 26 for more infomraiotn on the use of facial recognition. CORI includes the inmate s criminal offender history in real time (the County will work with the finalist vendor to identify specific data fields). Yes. Such an inquiry would be executed using the CLETS interface. October 1, 2011 / Page 16

18 29 36 E4 d JMS shall also find suitable housing for inmate workers F1 e(11) Number of other persons to be transported H1 i JMS will have the capacity to handle the inventory and cash ramifications of returns Please explain the criteria used to select suitable housing? Please explain if this is a calculated field based on inmate and staff assigned to transport or a data entry field? Please explain if inventory is being managed in the JMS or in the Canteen system referred to on page 4? The list of suitable housing is user-definable and would be populated during product configuration by the County. The vendor s solution only needs to have the ability to match user-defined housing with inmate work programs. Neither: it would be a numeric field where users could enter a number that identifies the number of people being transported. Inventory is handled by Canteen. The specification should read: JMS will have the capacity to handle cash ramifications of returns October 1, 2011 / Page 17

19 46 H3 a JMS shall keep records of all purchases of OTC medications by inmates. An inmate's purchases of OTC medications shall be recorded in his or her medical record. It shall also be incorporated in a report of all purchases of OTC medications by inmates and medical services. The report shall be organized by detention facility and alphabetically by inmate. The report shall be printed on a user- defined cycle and at userdefined times Please explain how medical services issue OTC medications to the inmate? Responses to Submitted Questions OTC purchases are made by inmates (not issued to inmates by medical services) J1 d(1) Ability to enter property that has been booked into the police RMS K1 a Activity logs should automatically derive information from the RMS log-in screen, including the following information Please explain how this would differ from other property items? Should this read JMS rather than RMS? If not, please explain how the RMS logon details should be passed to the JMS? Certain objects (i.e., a gun) would be booked into the Sheriff s Office s property and evidence facility (not the jail). Most property booked into the jail would be personal belongings which are on the inmate at the time of booking. Yes. October 1, 2011 / Page 18

20 34 53 K1 a(6) Listing of all employees on-duty and off-duty for exceptive reasons K1 b Equipment must be entered into the officer s log-in screen at the beginning of each shift, including: K1 c Ability to assign security controls to the equipment inventory module. Please clarify where this information is obtained? Please clarify if the alarm number and radio number are manually entered and if serial numbers/other identifiers are captured for the other items issued to staff? Are items returned at the end of the shift? Please define the term security controls. Responses to Submitted Questions Conceptually, default schedules would be entered into JMS by jail staff on a periodic basis. Yes, they are entered manually. All items are returned. Security controls would include audit, access, modification and deletion of any parameters within the inventory module. October 1, 2011 / Page 19

21 Attachment 1 Chrono Form October 1, 2011 / Page 20

22 October 1, 2011 / Page 21

23 October 1, 2011 / Page 22

24 Attachment 2 Bid Acknowledgement Form RFP No , Addendum No. 1 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 the 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 any 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 By: Date Phone Printed Name Signed Above: Title: October 1, 2011 / Page 23