professional services agreement - ac transit oracle... · professional services ac transit district...

of 46

REQUEST FOR PROPOSAL

PROFESSIONAL SERVICES AC TRANSIT DISTRICT Purchasing Department 1600 Franklin Street, 8th Floor Oakland, CA 94612 PROPOSALS MUST BE RECEIVED at 1600 Franklin Street, Oakland, CA by April 4, 2013 at 10:00 a.m. Sign the proposal, put it in an envelope, and write the Request for Proposal (RFP) number and Title on the outside. Sign and return this page. Retain Proposer’s Duplicate copy for your files.

SIGN AND RETURN THIS PAGE REQUEST FOR PROPOSAL NO.:2013-1231 Date: March 18, 2013 TITLE: ORACLE PEOPLESOFT SUPPORT DO NOT INCLUDE SALES OR EXCISE TAXES in proposal prices.

_____________________________________________________________________________________ ALL PROPOSERS COMPLETE THIS SECTION: 2013

Upon execution of a Contract Acceptance form, the undersigned agrees to furnish, subject to provisions on the reverse of this form, all articles or services within the dates specified, in the manner and at the prices stated, in accordance with the advertisement, specifications, proposal, special conditions and general conditions, all of which are made part of the contract proposal, when authorized by Purchase Order, Contract Order, or Letter of Agreement issued by the District. Name under which Business is conducted:

Business street address: Telephone:

City State Zip Code

IF SOLE OWNER, sign here:

I sign as sole owner of the business named above:

Signed Typed Name IF PARTNERSHIP OR JOINT VENTURE, sign here:

The undersigned certify that we are partners in the business (joint venture) named above and that we sign below with full authority to do so (one or more partners sign):

Signed Typed Name

Signed Typed Name IF CORPORATION, sign here:

The undersigned certify that they sign below with full authority to do so:

Corporate Name:

Signed Typed Name Title

Signed Typed Name Title Incorporated under the laws of the State of Form C102 May 2007

of 46

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR OFFEROR1. RENDITION OF SERVICES The Consultant hereby agrees to undertake, carry out and complete all work established herein in a professional and efficient manner satisfactory to District standards.

The professional service or the performance of work or services required by the District cannot satisfactorily be performed by the regular employees of the District.

2. CONSULTANT'S STATUS Neither the Consultant nor any party contracting with the Consultant shall be deemed to be an agent or employee of the District. The Consultant is and shall be an independent contractor, and the legal relationship of any person performing services for the Consultant shall be one solely between said parties. Consultant shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the District, except for service firms engaged in drawing, production, typing and printing. Consultant shall be solely responsible for reimbursing any subcontractors and the District shall have no obligation to them. 3. OWNERSHIP OF WORK All reports, designs, drawings, plans, specifications, schedules, and other materials prepared, or in the process of being prepared, for the services to be performed by Contractor shall be and are the property of the District and the District shall be entitled to access thereto, and copies thereof, during the progress of the work.

In the event that the work, which is the subject of this Agreement, is not completed, for any reason whatsoever, all materials generated under this Agreement shall be delivered as the District may direct. 4. RECORDS The Consultant shall permit the authorized representatives of the District to inspect and audit all data and records relating to performance under this Agreement. Consultant shall maintain all such records for a period of three (3) years after the District makes final payment under this Agreement.

5. TERMINATION FOR DEFAULT In the event the Consultant breaches the terms or violates the conditions of this Agreement, and does not within ten (10) days of written notice from the District cure such breach or violation, the District may immediately terminate this agreement, and shall pay the Consultant only its allowable costs to the date of termination.

6. TERMINATION FOR CONVENIENCE The District may terminate this Agreement, in whole or in part, at any time for the District's convenience and without cause at any time by giving the Consultant written notice of termination. The Consultant will be paid for those services performed pursuant to this Agreement to the satisfaction of the District up to the date of notice of termination. The Consultant shall promptly submit its termination claim. If the Consultant has any property in its possession belonging to the District, the Consultant will account for the same and dispose of it in the manner the District directs. 7. NON-DISCRIMINATION In connection with the execution of any Contract hereunder, the Consultant shall not discriminate against any applicant or employee on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sexual orientation, sex or age as defined in Section 12926 Government Code. 8. INDEMNIFICATION The Consultant shall indemnify, keep and save harmless the District, its Board of Directors, officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the District. 9. CHANGES If any changes to the scope of services are sought by either party that would require a modification of the amount of compensation, the changes must be reviewed in advance of any action to implement the change by the Project Manager and the Purchasing Department.

The District may at any time by written order make changes within the Scope of Services described in this Agreement. If such changes cause an increase in the budgeted cost of or the time required for performance of the agreed upon work, the Consultant shall notify the District in writing of the amount of time and compensation adjustments that are required. In the event the Consultant encounters any unanticipated conditions or contingencies that may affect the scope of services and would result in an adjustment to the amount of compensation specified herein, Consultant shall so advise the District immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation resulting therefrom. Any notices shall be given to the District under the NOTICES clause of the Special Conditions. Any and all agreed upon pertinent changes shall be expressed as a written modification to this Agreement prior to implementation of such changes. 10. DISPUTE RESOLUTION In case any disagreement, difference or controversy shall arise between the parties, with respect to any matter in relation to or arising out of or under this Agreement or the respective rights and liabilities of the parties, and the parties to the controversy cannot mutually agree thereon, then such disagreement, difference, or controversy shall be determined by binding arbitration, according to the rules of the American Arbitration Association.

Any award made by the Arbitrator(s) shall be final, binding and conclusive upon all parties and those claiming under them. The costs and expenses of any Arbitration shall be borne and paid as the Arbitrator(s) shall, by their award, direct.

The submission to Arbitration is hereby made a condition precedent to the institution of any action at law or in equity with respect to the controversy involved; and such action at law or in equity shall be restricted solely to the subject matter of the challenge of such award on the grounds and only in the manner permitted by law. 11. NO ASSIGNMENT This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other. 12. PROHIBITED INTERESTS No member, officer, or employee of the District during his/her tenure or for one year thereafter, shall have any interest direct or indirect, in this Agreement or the proceeds thereof. Consultant covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for under this Agreement. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed by Consultant. The District may require Consultant to file an annual Statement of Economic Interest form pursuant to the Political Reform Act of 1974 (Government Code Section 81000 et seq.)

13. WAIVER Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach.

14. GOVERNING LAW This Agreement, its interpretation and all work performed hereunder, shall be governed by the laws of the State of California.

15. INSURANCE Depending on the nature of the services being solicited, the District may have certain minimum insurance requirements.

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2013-1231

ORACLE PEOPLESOFT SUPPORT

SPECIAL CONDITIONS

of 46

16. GENERAL INFORMATION

The Alameda-Contra Costa Transit District is a Special District, organized under the laws of the State of California, which provides public transit service to approximately 191,000 riders daily with a fleet of more than 584 buses. The District's service area extends from Western Contra Costa County to Southern Alameda County. The District has approximately 1,863 employees and is financed through the receipt of transit fares, property taxes, state, and federal funding. This Request for Proposal (RFP) outlines the scope of requested services for the District, as well as information that should be included in the proposal. Each proposal must be submitted in an electronic format (i.e., flash drive or CD) and HARD COPY in two (2) separate sealed envelopes within the proposal package. Envelope 1 (Technical Proposal) and Envelope 2 (Cost Proposal). To be considered, one (1) original and six (6) copies of written proposals must be received by 10:00 a.m. PST, April 4, 2013, at:

AC Transit 1600 Franklin Street, 8th Floor Oakland, California 94612 Attn: Jamell Woodard, Contract Specialist

Purchasing Department All proposals must be clearly marked RFP NO. 2013-1231, ORACLE PEOPLESOFT SUPPORT. Proposals may be mailed or delivered. If mailed, proposals must be mailed in sufficient time to reach the above address before the specified time. If delivered, the proposals should be delivered to the above address. Proposals not received by the designated time or not delivered to the designated address will not be considered for award. No facsimile or e-mail transmissions of proposals will be accepted. Proposals will remain in effect for ninety (90) days from the designated date for receipt of proposals, unless mutually extended. No pre-award costs will be paid. The General Manager's signature and only his signature will constitute a binding award. This RFP does not commit the District to award a contract, to pay costs incurred in the preparation of a proposal, or to procure or contract for services. The District reserves, at its sole discretion, the right to reject any and all proposals, cancel all or part of this RFP and waive any minor irregularities or informalities.



SPECIAL CONDITIONS

of 46

17. SCOPE OF SERVICES

See Scope of Services section.

18. PASS/FAIL MINIMUM QUALIFICATIONS

A. PeopleSoft Support Service Provider (SP) Qualifications

1. Experience in the provision of PeopleSoft 9.x support and development services to at least five (5) organizations with at least 1000 employees, preferably in the public sector.

2. At least five (5) years experience providing PeopleSoft support and

development services for both Financials (FIN) and Human Capital Management (HCM). Significant experience with PeopleSoft 9.x is preferred.

3. Experience supporting PeopleSoft version 9.x applications on the

Microsoft SQL Server database. SQL Server 2008 R2 experience is preferred though others may be accepted.

B. Proposals considered not to possess the Pass/Fail Minimum Qualifications

may be rejected. 19. PROPOSAL REQUIREMENTS

Interested proposers shall submit proposals and qualifications in a brief response to this formal Request for Proposal. Each proposal must be submitted in two (2) separate sealed envelopes within the proposal package. Envelope 1 will contain all responsive materials except those relating to fees and costs. Envelope 2 will contain only information relating to fees and costs. Specifically, proposals shall include the following information, presented in a clear, comprehensive and concise manner. A. General description and corporate overview: Firm name, addresses,

telephone numbers and e-mail and web addresses and a brief description of the history and background of the firm and length of time in business under the same name.

B. Technical Ability to Perform Required Services: A detailed description

of proposed plans, approaches, and procedures to accomplish Exhibit 1, Scope of Services.

C. Firm’s Past Performance and Experience: Firms submitting proposals

must document at least five (5) years experience providing PeopleSoft



SPECIAL CONDITIONS

of 46

Support and related services for both Financials (FIN) and Human Capital Management (HCM) to public sector clients. Significant experience with PeopleSoft 9.x is preferred.

D. References: Firms must provide at least five (5) client references for

whom they performed substantially similar work performed during the last three (3) years, with at least two of those clients being in the public sector. Include for each reference:

Company name Contact person and contact person’s title Contact person’s address, phone number, and e-mail address Period of performance Abbreviated Scope of Services, including major PeopleSoft

components and versions supported E. Key Personnel: Proposers must provide detailed resumes for at least

eight (8) staff they can provide to fulfill the requested services, with at least four (4) each in FIN and HCM. Each of the proposed consultants must have at least seven (7) years of full-time, direct PeopleSoft development and support experience, preferably with practice management experience and within the public sector.

F. Cost Proposal: The cost proposal (which shall be submitted in a

separate, sealed envelope) must be submitted on a fixed price basis for the term of three (3) years base period with two (2) one (1) year options and shall be submitted on the Cost Proposal Form attached hereto. The District requires one (1) original and one (1) copy of the hourly rates of compensation for all services required.

G. A statement that the insurance coverage required for the project can be

obtained and will be carried without reservation or exclusion should a Contractor be awarded the contract.

H. The Contractor shall submit all other Certifications attached to this RFP

(Attachment 1, 2, 3 and 4). NOTE: If the certifications do not apply, the form MUST indicate “N/A” and provide an explanation.

I. Contractor shall submit a statement acknowledging all RFP addenda.

J. Contractor shall submit the RFP signature page signed by an approved representative of the company.

K. Provide documentation of the firm's gross annual receipts for the most

recent three years.



SPECIAL CONDITIONS

of 46

20. EVALUATION PROCESS

1. All proposals are first evaluated for compliance with Pass/Fail, Minimum Requirements. Proposals achieving a pass rating will be evaluated further on responses to Technical and other RFP elements. 2. All proposals are evaluated and ranked on evaluation criteria specified in the RFP. Evaluation is an assessment of the proposal and the Proposer’s ability to accomplish the Scope of Services in accordance with Contract terms and conditions. 3. Technically acceptable proposals are re-evaluated with cost as a consideration. 4. Using both evaluation elements and service Price criteria, proposals are ranked to identify a competitive range. 5. District may negotiate, or hold discussions, with all responsible Proposers in the competitive range, or award without discussion. 6. The District, at its sole discretion, may present a Best and Final Offer opportunity from which scores will be evaluated to determine best overall proposals.

WEIGHT ASSIGNMENT FOR PROPOSAL EVALUATION CRITERIA

Evaluation Criteria Weight Technical Ability to Perform Required Services 30 Key Personnel 20 Past Performance, Experience and References 20 Total Fees 30

TOTAL WEIGHT 100

7. Award Process

The District reserves the right to award without negotiation. Therefore, proposers are encouraged to submit their best offer initially. The District will award to the proposer whose proposal is most advantageous to the District, with cost and other factors considered. After the District approval of award, unsuccessful proposers will be notified of such award in a timely manner.



SPECIAL CONDITIONS

of 46

8. Oral Presentations

If necessary, at a mutually arranged time, and prior to final evaluation, oral presentations may be scheduled, and evaluated, by the Evaluation Team either at the AC Transit District’s office or via teleconference, or Skype. An oral presentation is intended to provide a full understanding of a proposal. Note: If oral presentations are elected, presentations will be requested from all responders within the competitive range. Presentations will be evaluated against criteria contained in the proposal evaluation chart. See Section 20. Evaluation Process.

9. Services Cost Proposal Evaluation Criteria

a. In accordance with Cost Proposal Form instructions, complete all forms and respond to all requested information and documentation contained in the section.

b. Price will be evaluated using expense detail for both the base

period and option years. The final cost for the base period will be added to the total cost of the option period to yield a grand total amount for proposal evaluation and formulated into a point score for price.

c. The Service Cost Proposal will be evaluated for reasonableness

and effectiveness in relation to value received, using the combined total of the Contractor Services, including hourly rates for the base period of Year 1 through Year 3, Year 4 (option Year 1) and Year 5 (option year 2) (See Cost Proposal Form on page 34).

Note: If pricing sheets are required in Excel format contact the Contract

Specialist for an emailed copy.

10. Award

The District reserves the right to:

a. Reject any and all proposals.

b. Withdraw, cancel, all, or part, of the RFP, at any time, without prior notice. Reissue a subsequent RFP, as considered necessary by the District.



SPECIAL CONDITIONS

of 46

c. Waive any minor irregularities, technical errors, or information, in the procurement process.

d. Verify all information submitted in a proposal submission.

e. Approve or disapprove the use of particular subcontractors.

f. Award without negotiation, written or oral discussions, based

on Evaluation Criteria and Service Price Schedule submissions of written proposals.

g. Make award to a proposer, with a responsive proposal,

which is the most advantageous to the District, providing the best overall value consistent with the RFP, evaluation criteria, and award methodology.

h. Notify unsuccessful proposers after District approval of such

award in a timely manner. Upon submittal, all proposals will be retained by the District.

Issuance of the RFP does not commit the District to a contract award, or to pay costs incurred in proposal preparation or presentation.

11. Application of Evaluation Criteria. Technical proposals will be evaluated

based on the reviewer’s determination of the degree of compliance with RFP requirements. The evaluation criteria will be applied in the determination of competitive range, final evaluation, and elsewhere as needed in the evaluation steps described in subsequent sections. Based upon individual evaluations, a record of raw evaluation scores will be tabulated through the application of established weights. The “Weighted Method” of scoring will be utilized.

12. Evaluation Scoring. This evaluation process will be used to determine

those Proposers in the competitive range. The determination will be based on an overall composite score, arrived at by separate analysis of individual proposals by the evaluation team members.

13. Evaluation Criteria: Technical Proposal. The evaluation criteria in Section

19, Proposal Evaluation, Selection Process, and, Section 20, Award, will be used to evaluate each technical proposal.



SPECIAL CONDITIONS

of 46

14. Scoring Guidelines: Technical Proposal.

a. The Proposals will be evaluated based on each Reviewer’s determination of each criteria and sub-criteria compared to the degree of compliance with Contract requirements. Scores will be assigned according to the following:

5 Exceptional

Fully compliant with Contract requirements and with desirable strengths or betterments, no errors, or risks, or weaknesses or omissions. There is a high probability of success.

4 Compliant

Fully compliant with Contract - Meets in all aspects and may in some cases exceed the critical requirements

3 Good

Generally compliant with Contract requirements; some minor errors, or risks, or weaknesses or omissions. Minor weaknesses can be readily corrected

2 Minimal

Minimally compliant with Contract requirements; errors, or risks, or weaknesses or omissions; possible to correct and make acceptable.

1 Deficient

Non-compliant with Contract requirements; errors, or risks, or weaknesses or omissions; difficult to correct and make acceptable.

0 Unacceptable

Totally deficient and not in compliance with Contract requirements; demonstrates a lack of understanding of Contract requirements; extremely difficult and time consuming to correct.

b. Evaluators may utilize non-whole numbers, i.e. decimals, in

providing their raw scores. The Evaluation Team members will carry out and document its evaluations. Any extreme proposal deficiencies which may render a Proposal unacceptable will be



SPECIAL CONDITIONS

of 46

documented. The Team members will make specific note of questions, issues, concerns and areas requiring clarification by Proposer(s) and to be discussed in any meetings with Proposers determined to be within the competitive range.

15. Evaluation Criteria: Price Proposal. Maximum price points will be

assigned to the Proposal with the lowest overall price. For Proposal evaluation purposes, the Proposer offering the lowest price for the contract will receive the maximum points allocated for price. All other Proposers will be allocated points based on the calculated percentage relationship between their proposal price offer and the proposal offer of the low Proposer. Scores will be rounded to the nearest tenth.

16. Tabulation and Determination of the Competitive Range. A final list of

Proposals ranked according to the results of the Evaluation Team scored evaluations will be prepared. Maximum potential points attainable per Proposer per proposal – this is only an example for illustrative purposes: 2,500 points: 5 Evaluators X 5 Raw Points per Category X Weighting Factor = 2,500 points.

17. Discussions with Offerors in the Competitive Range.

a. The Proposers determined to be within the competitive range, will

be notified and any questions and/or requests for clarifications provided in writing. A negotiating team will be designated by procurement. Each Proposer may be invited for an interview(s) and discussions to discuss answers to written or oral questions, clarifications, and any facet of its proposal.

b. No information, financial or otherwise, will be provided to any

Proposer about any of the Proposals. Proposers will not be given a specific price or specific financial requirements they must meet to gain further consideration. Proposers will not be told of their rankings among the other Proposers.

18. Best and Final Offers (BAFO)

a. After all interviews and/or oral presentations have been completed,

each of the Proposers in the competitive range may be afforded the opportunity to amend its proposal and submit a BAFO, if the BAFO step of the evaluation process is deemed necessary, and the request shall include:



SPECIAL CONDITIONS

of 46

1. Notice that discussions/negotiations are concluded.

2. Notice that this is the opportunity for submission of a BAFO.

3. A common date and time for submission of written BAFOs, allowing a reasonable opportunity for preparation of the written BAFOs.

4. Notice that if any modification to a proposal or BAFO is

submitted, it must be received by the date and time specified for the receipt of BAFOs and is subject to the late submissions, modifications, and withdrawals of proposals provisions of the RFP.

5. Notice that if Proposers do not submit a BAFO or a notice of

withdrawal and another BAFO, their immediate previous Offer will be construed as their BAFO.

6. Any modifications to an initial proposal made by a Proposer

in its BAFO, shall be identified in the BAFO. The Evaluation Team will evaluate the BAFO using the same criteria used to evaluate the original Proposals, for items that have been re-addressed in the BAFO. BAFO final scores and rankings within each criterion will be tabulated and ranked for consideration according to the relative degrees of importance of the criteria.

b. The proposal which is most advantageous to the District based on

the tabulated results will be recommended to the AC TRANSIT Board of Directors for approval. The results of the evaluations and the selection of a proposal for any award will be documented.

c. The AC TRANSIT Board of Directors, has the option of accepting

the recommendation or of making an award to another firm if it feels that such a selection is in the best interests of AC TRANSIT and public transit in the metro Bay area.

21. PROTEST PROCEDURES

A. Protests based upon the content of the solicitation: Any protest concerning the contents of the solicitation must be filed prior to the bid opening or proposal submission date.

B. Protests based upon grounds other than the content of the solicitation:

Protests must be filed no later than ten (10) calendar days after the



SPECIAL CONDITIONS

of 46

District’s notice of intent to award, or notice of award, or notice of non-award; whichever occurs first.

C. Copies of the District’s Procurement Protest Procedures can be obtained

online at http://www.actransit.org/wp-content/uploads/board_policies/board_policy_46.pdf. FAILURE TO COMPLY WITH ANY OF THE REQUIREMENTS SET FORTH IN THE DISTRICT’S WRITTEN PROPOSAL PROTEST PROCEDURES MAY RESULT IN REJECTION OF THE PROTEST.

22. RIGHTS IN DATA

The term “subject data” as used herein means recorded information, whether or not copyrighted, that is delivered under this Contract. The term includes graphic or pictorial delineation in media, text in specifications or related performance or design-type documents and machine forms. Except for its own internal use, Contractor may not publish or reproduce such data in whole or in part, nor may Contractor authorize others to do so, without the written consent of the District, until such time as the District may have either released or approved release of such data. In the event that the Scope of Services in this Contract is not completed, all data generated under this Contract shall become subject data and shall be delivered as the District may direct.

23. RELEASE OF INFORMATION

Contractor must receive prior permission from the District before releasing any reports, information or promotional materials prepared in connection with this Contract. The Contractor shall provide a copy or copies to the District’s Project Manager for first review and comment.

24. HIPAA REQUIREMENTS

The selected PeopleSoft Support vendor contracted under this solicitation shall be required to comply with these provisions for compliance with rules contained within HIPAA, the Health Insurance Portability and Accountability Act of 1996.

Definitions

Catch-all definition:

The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary,

http://www.actransit.org/wp-content/uploads/board_policies/board_policy_46.pdf



SPECIAL CONDITIONS

of 46

Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean the business entity contracted under this solicitation.

(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean AC Transit.

(c) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

Obligations and Activities of Business Associate

Business Associate agrees to:

(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;

(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;

(c) Immediately report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;

The business associate will be responsible for all breach notifications to individuals and the HHS Office for Civil Rights (OCR) on behalf of the covered entity.

(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;

(e) Make available protected health information in a designated record set to AC Transit as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;



SPECIAL CONDITIONS

of 46

(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;

(g) Maintain and make available the information required to provide an accounting of disclosures to AC Transit as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;

(h) To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and

(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Permitted Uses and Disclosures by Business Associate

(a) Business associate may only use or disclose protected health information as necessary to perform the services set forth in this solicitation. If required by the District, the business associate is authorized to use protected health information to de-identify the information in accordance with 45 CFR 164.514(a)-(c).

(b) Business associate may use or disclose protected health information as required by law.

(c) Business associate agrees to make uses and disclosures and requests for protected health information consistent with the District’s minimum necessary policies and procedures.

(d) Business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by the District.

Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

(a) Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect business associate’s use or disclosure of protected health information.

(b) Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate’s use or disclosure of protected health information.



SPECIAL CONDITIONS

of 46

(c) Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.

Permissible Requests by Covered Entity

Covered entity shall not request business associate to use or disclose protected health information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by covered entity.

Term and Termination

(a) Term. The Term of this Agreement shall be effective as of the date that a contract resulting from this solicitation is signed, and shall terminate on the date that said contract is no longer in force or on the date covered entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.

(b) Termination for Cause. Business associate authorizes termination of this Agreement by covered entity, if covered entity determines business associate has violated a material term of the Agreement and business associate has not cured the breach or ended the violation within the time specified by covered entity.

(c) Obligations of Business Associate upon Termination.

Upon termination of this Agreement for any reason, business associate shall return to covered entity or, if agreed to by covered entity, destroy all protected health information received from covered entity, or created, maintained, or received by business associate on behalf of covered entity, that the business associate still maintains in any form. Business associate shall retain no copies of the protected health information.

Upon termination of this Agreement for any reason, business associate, with respect to protected health information received from covered entity, or created, maintained, or received by business associate on behalf of covered entity, shall:

1. Retain only that protected health information which is necessary for business associate to continue its proper management and administration or to carry out its legal responsibilities;

2. Return to covered entity or, if agreed to by covered entity, destroy the remaining protected health information that the business associate still maintains in any form;



SPECIAL CONDITIONS

of 46

3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as business associate retains the protected health information.

4. Not use or disclose the protected health information retained by business associate other than for the purposes for which such protected health information was retained and subject to the same conditions set out above which applied prior to termination; and

5. Return to covered entity or, if agreed to by covered entity, destroy the protected health information retained by business associate when it is no longer needed by business associate for its proper management and administration or to carry out its legal responsibilities.

(d) Survival. The obligations of business associate under this Section shall survive the termination of this Agreement.

Miscellaneous

(a) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.

(b) Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

25. INSURANCE REQUIREMENTS

It is strongly recommended that Contractors confer with their respective insurance carriers and/or brokers to determine in advance of proposal submission the availability of insurance, Certificates and Endorsements as prescribed and provided herein. If a contractor fails to comply strictly with the insurance requirements, that contractor may be disqualified from award of the contract. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages for property which may arise from or in connection with the performance of the work hereunder by the contractor, contractor’s agents, representatives, employees or subcontractors. The District reserves the right to alter, amend, increase or otherwise modify the insurance requirements stated herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as:



SPECIAL CONDITIONS

of 46

1. General Liability: Coverage is to be equal to Insurance Services

Office Commercial General Liability Occurrence Form CG 0001.

2. Automotive Liability: Coverage is to be equal to Insurance Services Office Business Auto Form CA 0001 (01/87) covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Professional Errors and/or Omissions Insurance appropriate to Contractor's profession.

B. Minimum Limits of Insurance.

Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence

for bodily injury, personal injury, and property damage. If an aggregate limit is used, either a separate aggregate limit shall apply to this project or the aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident

for bodily injury and property damage. 3. Workers’ Compensation: Workers’ Compensation limits as

required by the State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

4. Professional Errors/Omissions Liability: $1,000,000 per occurrence.

C. Deductible and/or Self-Insured Retentions.

Any deductibles and/or self-insured retentions must be declared to and approved by the District. The District reserves the option to: 1) Require the insurer to reduce or eliminate such deductible and self-insured retention as to the District, and/or; 2) Require the Contractor to procure a bond guaranteeing the payment of any deductible or self-insured retention of losses, related investigations, claims, administration, and defense expenses.

D. Other Insurance Provisions.

The policies are to contain, or are to be endorsed to contain, the following provisions:



SPECIAL CONDITIONS

of 46

1. General Liability and Automotive Liability

a. The AC Transit District, its officers, officials, employees, and volunteers are to be listed as additional insureds as respects: liability arising out of activities performed on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the District, its directors, officers, officials, employees, or volunteers.

b. For any claims related to this contract, the Contractor’s

insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

c. Any failure with reporting provisions of the policies including

breaches of warranties, shall not affect coverage provided to the District, its officers, officials, employees, or volunteers.

d. The Contractor’s insurance shall apply separately to each

insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

2. All Coverages

a. Each policy required shall be endorsed to state that the coverage shall not be suspended, voided, canceled by either party, reduced in coverages or limits, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the District, addressed to Risk Manager, Alameda-Contra Costa Transit District, 1600 Franklin Street, Oakland, California 94612.

b. Each policy is to be on an “Occurrence” form. “Claims

Made” form requires prior approval by the District, as well as Contractor being required to provide acceptable evidence of the policy’s retroactive date, and also will be required to maintain the coverage with the same retroactive date for a



SPECIAL CONDITIONS

of 46

period of not less than three (3) years following termination of services under this contract.

3. Acceptability of Insurance

Insurance is to be placed with insurers having a current A.M. Best & Co. rating of no less than “A-VII”.

4. Verification of Coverage

Contractor shall furnish the District with appropriate Certificates of Insurance and with original endorsements effecting coverages. The Certificates and Endorsements are to be signed by a person authorized by the insurer to bind coverage. The Certificates and Endorsements are to be on forms approved by the District. The Certificates and endorsements are to be received and approved by the District prior to the commencement of any work under the Contract. The District reserves the right to require complete certified copies of all required insurance policies at any time.

5. Other Requirements

a. Should any work under this Contract be sublet, the Contractor shall require each subcontractor of any tier to comply with all of the Contract’s insurance provisions and provide proof of such compliance to the District.

b. These insurance requirements are not intended to and shall

not in any manner limit or otherwise qualify the liabilities and obligations otherwise assumed by the Contractor under this Contract; including, but not limited to, the provisions concerning indemnification.

c. Compliance with these insurance requirements is considered a material part of the Contract, and breach of any such provision may, at the option of the District, be considered a material breach of the Contract, and result in action by the District to withhold payment and/or terminate the Contract.

26. TYPE OF CONTRACT

This is a firm-fixed price contract.



SPECIAL CONDITIONS

of 46

27. PERIOD OF PERFORMANCE

The period of performance will be for a base period of three (3) years, with two (2) one (1) year options.

28. OPTION TO EXTEND THE CONTRACT (PRICED)

At the sole discretion of the District, the contract may be extended unilaterally by the exercise of two (2) one (1) year priced options. If exercised, the District shall notify the Contractor in writing of its intent to exercise each priced option at least thirty (30) days prior to the exercise of said options. The options shall be exercised in accordance with the prices proposed in the original submitted proposal.

29. EQUAL OPPORTUNITY/NON DISCRIMINATION

It is the policy of the District to ensure non-discrimination in the award and administration of all Contracts and to create a level playing field on which minority and small/local business can compete for all District Contracts. In connection with the performance of this Contract, the Contractor will cooperate with the District in furthering the District’s policy.

30. SMALL LOCAL BUSINESS PROGRAM

AC Transit has established a Small Local Business Procurement Program (Board Policy 351) to ensure that small local business enterprises have a meaningful opportunity to participate in AC Transit’s procurements. AC Transit believes that a Small Local Business Procurement Policy can provide support to small local businesses and enable them to more effectively compete for AC Transit procurements, especially those businesses that have been at a disadvantage in the past. Under the current Policy, a Small Local Business is a business which meets the U.S. Government’s Small Business Administration (SBA) size standard and is located within AC Transit’s geographical service area. Contractors doing business with AC Transit are encouraged to utilize small local businesses in their subcontracts. Contractors responding to this solicitation shall complete and submit with their response, the Small Local Business Procurement Worksheet (attached to this solicitation), which indicates whether they intend to use small local businesses in the Contract to be awarded, and, if so, the percentages of Contract work to be allocated to small local businesses. Contractors can contact the Contract Specialist or Buyer assigned to this procurement for information on SLBE resources. (Attachment No. 3)



SPECIAL CONDITIONS

of 46

31. VENDOR REGISTRATION

If you are not already an AC Transit registered vendor, an online Vendor Registration is required prior to Contract award. Proposers should access www.actransit.org and select Doing Business with AC Transit, and click on Vendor log-in and Registration, and then select Vendor Registration. To complete the process, include a W-9, Request for Taxpayer Identification Number and Certification-containing original signature-in proposals. If online access is not available, contact the District’s Purchasing Department for instructions.

32. FURTHER INFORMATION

Prospective proposers may contact Ms. Jamell Woodard, by calling (510) 891-5492, or by email @ [email protected] between the hours of 7:30 a.m. to 4:00 p.m., Monday through Friday, holidays excepted, for further information.

[END OF SPECIAL CONDITIONS]

http://www.actransit.org/

mailto:[email protected]



SCOPE OF SERVICES

of 46

1. INTRODUCTION/BACKGROUND

The District utilizes Oracle’s PeopleSoft Financials & Human Capital Management suite. To provide for maximum uptime and business continuity, they are hosted offsite at NaviSite, Inc. in San Jose, California. Remote access for development, testing and production is via point-to-point virtual private network (VPN) from the District’s network to NaviSite’s. A handful of dial-up VPN accounts are available for offsite development access. Secure Sockets Layer (SSL) access to production environments is under development. The District has a small permanent PeopleSoft Support staff of two, one each for FIN and HCM/Portal, and wishes to augment it with a flexible pool of qualified long-term temporary staff to work in support, enhancement and development roles. AC Transit is requesting proposals from qualified bidders to provide experienced on-site PeopleSoft application development and support staff.

2. SCOPE OF SERVICES

The consultant pool currently supporting the District’s FIN, HCM and Portal areas includes two for general FIN needs and two for HCM, one of the latter working part-time and strictly on Time and Labor-Payroll. On average they work more than half of their time on support issues (e.g., transactions, budgets/balances, approvals, interfaces) with the rest on various enhancement and development efforts such as integrating our new TimeLink timekeeping system, redesigning the fixed asset inventory process, and planning for the implementation of Hyperion budgeting. A. Detailed Scope of Services

1. Support PeopleSoft production environments. Resolve issues and service requests (tickets). The service requests generally include the following areas:

a. Resolve bugs in user interface, processes and reports. Resolution of the issues may require liaison with Hosting service and Oracle Support

b. Create or assist in creating ad hoc queries and reports c. Modify the batch jobs and schedules d. Ad hoc data uploads (Excel to CI / SQR / Application Engine) and

Mass Updates e. Guidance on product functionality, fit/gaps and configuration f. Create and maintain interface and staging tables, write and create

necessary programs (e.g., validation programs) for data exchanges



SCOPE OF SERVICES

of 46

2. Security setup on Portal, HCM and Finance databases. a. Assist the HRIS department in formulating and deploying security

and data privacy strategy as it relates to PeopleTools Page and Row Level Security, Time & Labor Security, Portal Security & Single Signon.

b. Security for PeopleSoft Finance

3. Provide subject matter expertise (functional and technical) for projects and enhancements to PeopleSoft, including:

a. GL Interface b. Time Link Integration c. Time & Labor Rules Development d. Manager Self Service e. Employee Self Service f. COBRA & Benefits Billing g. Additional Jobs h. Salary planning – automated salary increases i. PeopleSoft HCM to NeoGov Integration j. Inventory Interface Issues k. Non Capitalized Asset Tracking l. Project Costing Improvements m. Financial Statement Enhancements n. Finance Budget Reports

4. Proactively manage PeopleSoft products

a. Keep the databases up to date with tax updates and critical patches, fixes and Maintenance Packs provided by Oracle. Reapply District’s customizations.

b. Monitor the systems for performance and security issues and rectify the issues in consultation with Districts technical leads.

c. Monitor batch jobs. i. Monitor the integration broker and resolve issues ii. Run periodic audits of the system and rectify any issues

d. Develop and maintain UPK documentation

5. Author new documentation or update existing documentation. All functional configuration and technical design and development details must be documented using Districts documentation specification.

6. Assist users with User Acceptance Testing (UAT) for any new development or modifications and migrate the product modifications using the established change control process with the Hosting Service



SCOPE OF SERVICES

of 46

B. Expertise

1. The successful Proposer will deploy resources with demonstrated functional expertise and experience in the following areas:

a. Payroll including applying periodic tax updates b. Time & Labor c. Payroll to GL interface d. Benefits Administration e. COBRA/Benefits Billing f. Leave Accrual Processing g. Core HR & Person Data Model h. HCM Self Service – Employee and Manager i. AWE Workflow Engine j. Enterprise Portal k. General Ledger l. Project Costing m. Payables n. Assets o. Purchasing p. Travel and Expense q. Cash Management r. Contracts s. Billing t. Accounts Receivable u. Program Management v. Inventory w. Commitment Control

2. The successful Proposer will deploy resources with demonstrated

technical expertise in the following areas: a. PeopleTools (8.49 and above) – Application Designer, Peoplecode,

Application Engine b. Application Packages and Object Oriented Programming c. Component Interfaces d. Integration Broker e. BI Publisher & XML f. SQR g. Crystal Reports h. COBOL troubleshooting i. SQL Expertise for MSSQLSERVER j. Timelink TCD integration troubleshooting and maintenance k. nVision l. SharePoint Integration (desirable) m. Service-Oriented Architecture/Web Technologies (desirable)



SCOPE OF SERVICES

of 46

3. DURATION

The proposed staff must be available to work by April 15, 2013 or 15 days following contract signing, whichever is later. The period of performance will be for a base period of three (3) years, with two (2) one (1) year options. Proposed staff may be replaced during the contract period with approved equivalents subject to the District’s review of their qualifications. Vendor-provided staff may be rejected at any time upon written notice from the District to the vendor.

4. WORK LOCATION AND TRAVEL The District will only contract with vendors willing and able to provide local staff to work at our General Office, 1600 Franklin Street in Oakland, California. Travel reimbursement, per diem and other non-wage expenses are not budgeted and will not be considered for reimbursement. Travel requirements are infrequent and typically extend only to other District facilities within our East Bay service area.

5. PEOPLESOFT MODULES The following table lists all PeopleSoft modules licensed by the District, their functional area and operational status.

Module Area Status Human Resources HCM Live Benefits Administration HCM Live Time and Labor HCM Live Payroll North America HCM Live Talent Acquisition Manager HCM Live Candidate Gateway HCM Live ePay HCM Not using eProfile HCM Live eProfile Manager Self-Service HCM Live eComp Manager Self-Service HCM Not using ePerformance HCM Not using General Ledger Fin/SCM Live Projects Fin/SCM Live Payables Fin/SCM Live Assets Fin/SCM Live Purchasing Fin/SCM Live Expenses Fin/SCM Live



SCOPE OF SERVICES

of 46

Module Area Status Cash Management Fin/SCM Live Grants Fin/SCM Live Contracts Fin/SCM Test Billing Fin/SCM Live Accounts Receivable Fin/SCM Live Program Management Fin/SCM Live Inventory Fin/SCM Partly Commitment Control Fin/SCM Live Planning and Budgeting EPM Test Financial Warehouse EPM Test HCM Warehouse EPM Test Community Portal Portal Live User Productivity Kit (UPK) UPK Live

6. CONCURRENT USERS

The following table lists the licensed concurrent user counts for each major functional area, as a general indicator of system loads.

HCM 230 Concurrent Users FIN/SCM 30 Concurrent Users Portal 30 Concurrent Users EPM 5 Concurrent Users

7. CONFIGURATION FOOTPRINT

Our current configuration, established in 2008, is detailed below. The District intends to continue using SQL Server Database as the backend for its PeopleSoft applications to maximize compatibility with the District’s other enterprise applications and to avoid additional support staff training requirements. The current hardware environment listed below is near end of life and will be replaced with newer versions of support software and new virtualized servers in early 2013.

Platform Microsoft Windows 2003 Database Software Microsoft SQL Server 2005 Web Server Weblogic Remote Development Access Terminal Server – 20 Named Users Included Database Instances Demo, Development, Test, Production



SCOPE OF SERVICES

of 46

Environment Summary Production 2 DL580 (4 Dual Core, 12 GB RAM, 2 – 146 GB Internal Disk) 2 DL380 (2 Dual Core, 12 GB RAM, 2 – 146 GB Internal Disk) 500 GB External Storage Production Support: 4 DL380 (2 Quad Core, 12 GB RAM, 2 – 146 GB Internal Disk)

Disaster Recovery Maximum 24-Hour recovery for critical production process

Peoplesoft Application & Tools Version PeopleSoft Portal Version 9.0 Bundle #7 PeopleSoft HCM Version 9.0 Bundle #18 PeopleSoft Finance & Supply Chain Version 9.0 Bundle #37 People Tools Version 8.49.27

8. APPLICATION ENVIRONMENTS Our PeopleSoft application environments are identified below:

Application Environments HCM Environments FIN Environments EPM Environments

* Portal Environments

ACTHDEMO Vanilla HCM Oracle troubleshooting

ACTFDEMO Vanilla FIN Oracle Troubleshooting

ACTWDEMO Vanilla EPM Oracle troubleshooting

ACTPDEMO Vanilla Portal Oracle troubleshooting

ACTHDEVL HCM Development

ACTFDEVL FIN Development

ACTWDEVL EPM Development

ACTPDEVL Portal Development

ACTHTEST HCM Test for SSL

ACTFTEST Test for SSL

ACTWTEST Test for EPM

ACTPTEST Test for SSL

ACTHTST2 HCM Test 2 (Timelink Dev/Test)

ACTFCNV (EE sync) ACTWPRD EPM (not Live)Production

ACTPPRD Portal Production

ACTHTST3 HCM Test 3 (Troubleshooting latest Production/Tax Updates)

ACTFTRN FIN (Labor to Grants/Project Costing POC)



SCOPE OF SERVICES

of 46

Application Environments HCM Environments FIN Environments EPM Environments

* Portal Environments

ACTHPROD HCM Production

ACTFSAND FIN Troubleshooting - recent production

ACTFPROD FIN Production

*EPM may be replaced with Hyperion Solutions

9. INTERFACES

The District has a number of types of interfaces linking PeopleSoft modules and other applications.

1. File based interfaces, Currently approximately 20 plus interfaces are have been maintained utilizing dedicated FTP servers (outward facing servers at hosted locations) using encryption /decryption via PGP

2. Interface/Integrations between PeopleSoft applications like Employee Sync, Payroll GL etc. between Financials & HCM

Interface/Integrations between PeopleSoft applications & other third party products like TimeLink running on AC Transit’s servers in the General Office data center.

10. ROLES & RESPONSIBILITIES

The following table of roles and responsibilities delineates those functions provided by our application hosting Service Provider (SP) and those provided by District staff or PeopleSoft consultants (ACT).

Service Provider (SP) AC Transit (ACT) INFRASTRUCTURE

Operating System Management A) Manage operating system security. B) Install scheduled routine maintenance for operating systems. C) Monitor operating system performance. D) Isolate performance issues. E) Implement and test fixes to performance issues. F) Plan capacity based on the scope of services.

A) Assist with testing of operating system performance issues as needed.

Infrastructure Patches and Fixes This involves the routine installation of Maintenance Code to operating systems, disk systems, monitoring software, or other

A) Identify need for and analyze impact of patches. B) Apply standard infrastructure patches. C) Apply ACT requested infrastructure



SCOPE OF SERVICES

of 46

Service Provider (SP) AC Transit (ACT) infrastructure components. patches according to the change

procedures. D) Test patches and their reaction to the device in need of maintenance. E) Notify ACT of the completion of applying the patches.

Hosting Facility (Data Center)

A) Maintain physical security of the Hosting Facility. B) Maintain inventory of assets.

Storage Management This item includes the management of disk systems and tapes.

A) Monitor / maintain file systems. B) Provide offsite tape storage. C) Monitor / maintain storage for database instances. D) Plan capacity based on the scope of services.

Define and implement application data archiving strategy

Hardware Management This involves the management and maintenance of physical servers, disk arrays, networking devices

A) Review hardware maintenance plans. B) Schedule hardware maintenance. C) Execute preventative maintenance plans. D) Test components that have received maintenance. E) Monitor maintenance plan for its effectiveness. F) Perform standard reboots of the hardware. G) Plan capacity based on the scope of services.

Network Management This includes the management of equipment and connectivity for LAN and WAN.

A) Maintain and monitor all network LANs within the Hosting Services Facility. B) Configure changes to all network LANS within the Hosting Services Facility . C) Internal IP address management, router table management, NAT administration, switch administration and firewall administration (at Hosting services facility) . D) Plan capacity based on the scope of services. E) Provide Network Capacity recommendations if requested .

A) Be responsible for all desktop configurations and ISPs. B) Provide External DNS management for customer address space. C) Provide Internal DNS management. D) Manage Customer’s internal network. E) Procure connectivity from Connectivity provider.

Desktop Management A) Manage and administer all end-user

desktop or laptops. B) Manage and deploy any needed client-side software such as browsers, Citrix clients, or mobile software. C) Provide end-user support for desktops.

Backup/Restore Management The Backup/Restore Management service involves the restoration of system, application and user files from a source device, such as high-speed disk, to alternate media..

A) Setup and configure backups and monitoring. B) Perform and verify backups. C) Store backup media offsite. D) Perform restoration upon request. E) Recover the environment according to the SLA in the event of a disaster. F) Perform an online Back-Up every night of ACT’s database(s) and maintain each such nightly Back-Up for at least two weeks, each such month end nightly Back-Up for 12 months and each such quarter end nightly Back-up for the Term of the Services.

A) Validate application data integrity after restore. B) Test the environment in the event of a disaster.



SCOPE OF SERVICES

of 46

Service Provider (SP) AC Transit (ACT) G) Perform a full file system Back-Up weekly with nightly increments. H) Perform a full Back-Up twice weekly of ACT’s non-Production database(s). I) Upon ACT’s request SP will restore Customer’s database from its Back-Up up to two times per year. J) Perform special backups according to the Change Procedures.

APPLICATION MANAGEMENT Monitoring, Event Detection and Notification Utilize monitoring tools to monitor events for notification, log events, and react to events.

A) Identify initial hardware, OS, LAN, database, and Software monitoring requirements. B) Determine initial event notification and escalation procedures. C) Monitor infrastructure and application. D) Monitor capacity of all devices. E) React to events according to event notification and escalation procedures.

Database Administration Includes the management and maintenance of all Oracle database systems existing as of the Effective Date.

A) Administer database instances including configuration, sizing, ongoing storage management, stopping, starting, connectivity setup and configuration, problem diagnosis, tuning, patching and backups. B) Provide Production & Non-Production database instances as mentioned in the “Environment Section”. C) Provide read-only access to all production data on an as-needed/restricted basis for developer access and Provide change (read +change) access to all production data on for 1 administrative access. D) Provide change (read + change only) access to non-production for developer access. E) Provide routine start-ups and shutdowns. F) Provide database security management. G) Maintain custom database users Ids. H) Monitor database performance. I) Isolate database performance issues if necessary to the physical database level. J) Implement and test fixes to database performance issues as requested by ACT. K) Plan capacity based on the scope of services. L) SP will perform database instance refreshes with 48 hours advance notice in writing.

Assist with the testing of database performance issues, as necessary.

Oracle Software Architecture Administration This involves the management of the application architecture such as the Application Servers, Web Servers, Database Servers, Citrix Server, and Batch Servers.

A) Configure and maintain server environments. B) Provide routine reboots of server components according to schedule. C) Isolate performance issues. D) Monitor Software server components.

Assist in isolating performance issues, as necessary.



SCOPE OF SERVICES

of 46

Service Provider (SP) AC Transit (ACT) Printer Management Configure Customer printers to work with the hosted Software.

A) Configure ACT printers remotely to interact with the Oracle Applications B) Allow ACT to configure printers to interact with Oracle Applications as required.

A) Provide printer names and configuration printer data, if requested. B) Request printers to be configured, as needed, through the [SP] Help Desk.

Oracle Software Releases: Maintenance Code and Functionality Releases This involves researching, installing, and testing different code releases delivered by Oracle.

A) Build and Apply Maintenance Code. B) Identify customized objects that could be overwritten by software changes. C) Migrate objects to the Production Environment. D) Coordinate and apply tax updates. E) Provide recommendations on upgrading to new release. F) Retrofit basic customizations that no longer function as required as a result of the patch, fix, tax updates, service pack, or maintenance pack. This activity must be approved by the ACT in advance G) Monitor newly released Oracle Maintenance Code updates. Based on ACT’s application footprint, SP will coordinate with ACT to determine which updates should be applied and provide overall management of the update process. H) Conduct unit testing to verify basic application functionality.

A) Identify need for and analyze impact of patches. B) Provide approval to install Maintenance Code or Functionality Releases. C) Build and Apply Functionality Releases. D) Retrofit customized objects. E) Plan and execute testing of Maintenance Code or Functionality Releases. F) Develop and coordinate implementation/upgrade strategy for new releases. G) Review custom code to determine what impacts it may have on new releases, as needed.

Oracle Software Object Migrations

A) Provides Change Control Process and practices for efficient documentation and migration of customizations from Development to Production Environments B) Migrate Software objects into Production. C) Migrate software object between non-production instances, if requested.

A) Initiate requests to migrate Software objects. B) Migrate Software objects between Non-Prod Instances C) Provide approval to migrate customizations

Help Desk / Client Management / Project Management This service provides a method for designated callers to contact SP regarding the Services. SP will provide incoming call receipt and routing, and track progress to resolution. SP will facilitate the coordination of problem ownership, resolution and escalation for any call within SP's areas of responsibility. In the event that a request is not within SP's area of responsibility, SP will log the call and refer Customer to the appropriate vendor or supplier for resolution. SP will assign a Service Delivery Manager to the Customer during the Implementation phase and SP will assign a Client Manager to the Customer during the Production phase. Support outside of the Business Hours will be provided by a Help Desk.

A) Address issues and problems arising from the Services including the computing server environment, Database, Citrix, Web server, Enterprise Server app server, process scheduler), Cobol server, Oracle LAN, hardware and operating system. B) Educate ACT on the protocol for communicating issues and concerns. C) Provide appropriate documentation to the ACT for requesting the set up of printers and other peripheral devices. D) Conduct regular status meetings, documenting discussions and agreements with the ACT. E) Handle submitted cases according to priority.

A) Assist SP when required, during fault isolation of issues. B) Address issues as to the substance of ACT’s business processes (ACT process-related questions). C) Address issues and questions with use of functions of the Software (how-to, Feature/function questions). D) Provide end user support. E) Assign Super-Users F) Manage ACT's internal communications, as needed. G) Log support calls during Business Hours to the designated client manager during Implementation & Production.



SCOPE OF SERVICES

of 46

Service Provider (SP) AC Transit (ACT)

Production Job Scheduling This process involves the scheduling and monitoring of batch jobs during the Services.

A) Monitor the Oracle Enterprise Process Scheduler and ensure that it is running.

A) Create and maintain job schedule and adjust for failures. B) Document job dependencies, notification list, and restart procedures. C) Monitor the success or failure of jobs. D) Terminate or cancel jobs as requested or per pre-defined procedures. E) Assess impact of failed jobs.

Oracle Application Performance and Tuning

A) Monitor application availability. B) Identify or determine Software or Service issues. C) Facilitate the analysis of performance bottlenecks D) Assist in troubleshooting application performance issues

A) Troubleshoot application performance issues B) Implement and test fixes to performance issues.

Oracle Application Security Management This involves the administration of end-user security within the Oracle Software.

A) Manage SP’s administrator / root accounts and passwords for the application.

A) Define and maintain ACT overall security plan, security classes, and operator requirements. B) Develop, create and maintain security classes and operators. C) Maintain end-user accounts and passwords. D) Maintain security configurations needed, roles, permission lists, and user profiles. E) Migrate individual security configurations to Production.

Stress and Volume Testing A) Create testing strategies, testing plans and testing scripts, as needed. B) Licensing of load testing tools (such as Load Runner), as needed. C) Size and provision network bandwidth for testing, as needed. D) Manage and execute testing process, as needed. E) Evaluate impact of change on Software performance, as needed. F) Produce final reports, as needed.

GENERAL HOSTING SERVICES

Service Scheduling A) Conduct a Customer kickoff and planning meeting, which is to review the Agreement, Customer Handbook, and Change Management Process. The meeting will focus on the Services provided, roles and responsibilities of ACT, implementation team and [SP] staff throughout the Implementation process and Production.

A) Provide SP with their implementation plan. B) Notify SP when ACT is ready to begin production services. C) Notify SP when there is a change to the application rollout schedule.



SCOPE OF SERVICES

of 46

11. APPLICATION PIPELINES

The District may implement additional PeopleSoft modules or third-party applications. Document your firm and staff’s experience implementing or supporting this and similar related applications.

Hyperion Planning and Budgeting

[END OF SCOPE OF SERVICES]



COST PROPOSAL FORM

of 46

Provide the detailed pricing structure for the PeopleSoft Support services outlined below. If other skilled personnel are proposed in support of this effort, describe those positions and include their hourly cost. If staff with significantly different skill levels are proposed at different rates, specify those rates.

Description Hourly Rate

Year 1 2013

Year 2 2014

Year 3 2015

Year 4 (Option)

2016

Year 5 (Option)

2017 PeopleSoft Financials Consultant PeopleSoft HCM Consultant Other

(END OF COST PROPOSAL FORM)



Attachment No.1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION FILL-IN AND RETURN WITH PROPOSAL

of 46

Company Name

Street /Mailing Address

City/State/Zip Code

TAX I.D.

I. PRIME CONTRACTOR

The Bidder/Proposer is a CalTrans or other authorized certifying agency, certified DBE under the FTA Uniform Certification Program.

Certification No. Expiration Date

The Bidder/Proposer has applied for DBE status through CalTrans, or other authorized certifying agency, under the FTA Uniform Certification Program.

Application Date Status of application

The Bidder/Proposer is not a CalTrans or other authorized certifying agency, certified DBE under the Uniform Certification Program.

II. SUBCONTRACTOR (if proposed in bid or proposal)

Attach a separate sheet for each subcontractor to be used in the performance of services under a proposal specifying the sub-contractor DBE status as stated under section I listed above. If not already registered, sub-contractors should access www.actransit.org, and complete an online vendor registration form by selecting doing business with AC Transit, and click on vendor log-in and registration, and then select Vendor Registration. A W-9, Request for Taxpayer Identification Number and Certification is required to complete the process. Prime Contractor's are requested to explain the DBE program and encourage sub-contractors to apply for certification. Prime Signature Position Title Date

(END OF DBE CERTIFICATION)

http://www.actransitorg/



Attachment No. 2: DESIGNATIONS OF SUBCONTRACTORS

of 46

To comply with the requirements of the California Subletting and Subcontracting Fair Practices Act, bidder shall list the name and address of each subcontractor, including D.B.E. subcontractor to whom bidder proposes to Subcontract more than ½ of 1 percent of the work, and description and portions of the Work or services Subcontracted. Note: If subcontractors are utilized in a contract awarded from this RFP, Contractor shall submit to the District, on a monthly basis, those payments made to all of their subcontractors. The form for reporting monthly payments to subcontractors will be supplied by the District to the successful contractor after contract award. If there is no opportunity for Sub-Contractor utilization, please indicate on the form with “N/A” and provide an explanation as to why not. Attach additional copies of this form if more space is required. Name: Address: Estimated dollar amount of subcontract & description of work: Is the firm a certified DBE? (YES/NO/PENDING) How many years has the firm been in business? What are the firm’s gross annual receipts for the most recent three years? Name: Address:

Estimated dollar amount of subcontract & description of work:

Is the firm a certified DBE? (YES/NO/PENDING) How many years has the firm been in business? What are the firm’s gross annual receipts for the most recent three years?

(END OF DESIGNATIONS OF SUBCONTRACTORS)



Attachment No. 3: SMALL LOCAL BUSINESS PROCUREMENT WORKSHEET

of 46

Contractors doing business with the District are encouraged to utilize small local businesses in their subcontracts. Under the current Board Policy (351), a Small Local Business is a business that meets the U.S. Government’s Small Business Administration (SBA) size standard and is located within AC Transit’s geographical service area. Contractors can contact the Contract Specialist or Buyer assigned to this procurement for information on SLBE resources. Contractors responding to this solicitation shall complete the following questions and include this Worksheet with their bid or proposal, indicating whether they intend to use Small Local Businesses in the contract to be awarded and, if so, the percentages of contract work to be allocated to Small Local Businesses. Note: If small local businesses are utilized as subcontractors in a contract awarded from this RFP, Contractor shall submit to the District, on a monthly basis, those payments made to all subcontractors. The form for reporting monthly payments to subcontractors will be supplied by the District to the successful contractor after contract award. If there is no opportunity for Small Local Business utilization, please indicate on the form with “N/A” and provide an explanation as to why not. Subcontractor name SLBE % of project work Certification No. Subcontractor name SLBE % of project work Certification No. Subcontractor name SLBE % of project work Certification No. Subcontractor name SLBE % of project work Certification No. Subcontractor name SLBE % of project work Certification No.

(END OF SMALL LOCAL BUSINESS PROCUREMENT WORKSHEET)



Attachment No. 4: GENERAL PROPOSER INFORMATION

of 46

The PROPOSER is requested to answer all questions, expressing information in a clear and comprehensive style. If necessary, questions may be answered on separate attached sheets. The PROPOSER is required to state what work of similar magnitude or character they have done under item 17 and 18. Give references to enable the District to judge experience, skill, and business standing; and, to assess the ability to perform the services as completely and as rapidly as possible. Under Brief Description of Service, provide the nature of the work performed, amount of contract, dates of work, and the name of a point of contact, manager, or other supervising person for the work. A. GENERAL PROPOSER INFORMATION 1. Name of Organization:

________ 2. Telephone Number:

______ 3. Number of Years in Business:

4. Organization is (check one): ___ Corporation ___ Partnership ___ Association

___ Joint Venture ___ Sole Proprietorship ___ Public Agency ___ Quasi-Public Agency

5. If a Corporation, State where incorporated?

6. Date firm organized

7. Employee/Tax Identification

Number: 8. Organization's Address:




of 46

9. List all major officers (including titles) in the Organization:

10. If firm is a partially, or a fully owned subsidiary of another firm, an appropriate

statement must be included identifying all levels of corporate management required to approve contracts relating to any project resulting from this RFP.

________________________________________________________________

11. Indicate whether a specific corporation or joint venture would be formed for the sole purpose of receiving this Contract:

12. Has the firm ever been subject to a regulatory, state or federal agency

investigation for alleged improper, fraudulent, disreputable or unfair activities related to business practices? Have any employees ever been investigated? Explain.

13. Has a contract been “defaulted”? __________ If so, where, when and why?

How was it resolved?




of 46

14. Has there been a past contract “debarment” action? __________ If so, where, when and why?

How was it resolved?

15. Attach City, County, State Business License(s), Permit(s) copies to include dates

and geographic areas of operation. 16. Firm experience. State the number of year’s Proposer has provided like services

to the RFP requirement. _______ Years

17. List 5 or more current or past Public sector clients and contracts, whose services are comparable to those of the District. Include the contract value, scheduled contract completion date, a contact person and telephone number, and describe the level of services rendered for each contract.

A.

Firm Name:

Street:

City, State, Zip:

____ Contact:

Telephone Number:

___ Length of Service: MM ______ YR ______ to MM ______ YR _ Brief Description of Service:

_______________ ______________________________________________________________




of 46

B.

Firm Name:

Street:

City, State, Zip:

____ Contact:

Telephone Number:

Length of Service: MM ______ YR ______ to MM ______ YR Brief Description of Service: _______________ ______________________________________________________________ ______________________________________________________________ C.

Firm Name:

Street:

City, State, Zip:

___ Contact:

Telephone Number:

________ Length of Service: MM ______ YR ______ to MM ______ YR Brief Description of Service:

_______________ ______________________________________________________________ ______________________________________________________________




of 46

D.

Firm Name:

Street:

City, State, Zip: ____

Contact:

Telephone Number:

Length of Service: MM ______ YR ______ to MM ______ YR _ Brief Description of Service:

_______________ E.

Firm Name:

Street:

City, State, Zip:

____ Contact:

Telephone Number:

________ Length of Service: MM ______ YR ______ to MM ______ YR _ Brief Description of Service:

________________ _

18. List one or more Private sector clients during the past ten (10) years. Include the same information identified under item 17, above. Use additional pages as appropriate.

19. Dun and Bradstreet Number and rating. _______________________________________________________________

20. Statement confirming standing as a licensed, qualified firm. Provide appropriate documentation.

_______________________________________________________________ _______________________________________________________________



SAMPLE CONTRACT

of 46

THIS CONTRACT is made and entered into this _____ day of ______ 2013, by and between the ALAMEDA-CONTRA COSTA TRANSIT DISTRICT (hereinafter "AC Transit" or "District"), a special transit district established pursuant to California Public Utilities Code, Section 24501 et seq., and _________________________________________ (hereinafter “Contractor”). THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF WORK/SERVICES

Contractor shall furnish the District all services in full accordance with Request for Proposal No. 2013-1231 prepared and issued by the District titled ORACLE PEOPLESOFT SUPPORT dated March 18, 2013.

2. COMPONENT PARTS

This Contract shall consist of the following documents, each of which is on file with the District, and is incorporated into and made a part of this Contract by reference:

A. This Contract B. Request For Proposal No. 2013-1231 and any addenda C. Contractor’s submitted proposal

3. PERIOD OF PERFORMANCE

Services under this Contract shall commence upon execution of the Contract by both parties and continue until April 30, 2016, for a three (3) year base period. The Contractor shall not be held liable for delays resulting from problems of scheduling on the part of the District.

4. OPTION TO EXTEND THE CONTRACT (PRICED)

At the sole discretion of the District, the contract may be extended unilaterally by the exercise of two (2) one (1) year priced options, for services to continue until April 31, 2018. If exercised, the District shall notify the Contractor in writing of its intent to exercise each priced option at least thirty (30) days prior to the exercise of said options. The options shall be exercised in accordance with the prices proposed in the original submitted proposal.

5. CONTRACT PRICE

The District agrees to pay the Contractor in accordance with their submitted cost proposal for the fixed price hourly rates as listed by categories on the Cost



SAMPLE CONTRACT

of 46

Proposal Form. With a not-to-exceed (NTE) contract budgeted amount of $________, per year, for a total estimated contract value of $___________ for the three year base period, for services performed in accordance with this Contract. The contract price stated herein is the District's approximate cost for Oracle PeopleSoft Support personnel during a fiscal year. The District does not guarantee the quantity of hours required during the term of the Contract. The costs shall include costs for all services, labor and miscellaneous expenses as reflected in the proposal. The District and the Contractor must mutually agree upon any adjustments in payment. Invoices for services performed shall be submitted by the Contractor to AC Transit Accounts Payable, P.O. Box 28507, Oakland, California 94604. Please reference the Contract Number and Purchase Order Number on all invoices. Failure to do so could delay payment.

6. NOTICES

Any notices, which may be required under this Contract shall be in writing, shall be effective when received, and shall be given by personal service or by certified or registered mail, return receipt requested, to the addresses set forth below or to such other addresses which may be specified in writing to all parties to this Contract. DISTRICT: CONTRACTOR: AC Transit Purchasing Manager 1600 Franklin Street, 8th Floor Oakland, California 94612

7. ATTORNEY'S FEES

In the event that it becomes necessary for either party to bring a lawsuit to enforce any provisions of the Contract, the parties agree that the court having jurisdiction over such dispute shall have the authority to determine and fix reasonable attorney's fees to be paid to the prevailing party.

8. SEVERABILITY

If any provision of this Contract is declared void or unenforceable, such provision shall be deemed severed from this Contract, which shall otherwise remain in full force and effect.



SAMPLE CONTRACT

of 46

9. BINDING EFFECT

All of the terms, provisions and conditions of the Contract hereunder, shall be binding upon and inure the parties hereto and their respective successors, assigns, and legal representatives.

10. CONFLICT OF INTEREST

By signing this Contract, the Contractor covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for under this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed by the Contractor, and that the Contractor receives no commissions or other payments from parties other than the District as a result of work performed hereunder. Failure to comply with this provision serves as a basis for termination for default and the collection of any damages.

11. ASSIGNMENT

The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the Contract or any right, title, or interest in or to the same or any part thereof without prior consent of the District.

12. GOVERNING LAW

This Contract, its interpretation and all work performed hereunder, shall be governed by the laws of the State of California.

13. VENUE

In the event of a dispute or breach of contract, venue shall be in Alameda County, California.

14. ENTIRE AGREEMENT

This Contract represents the entire agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this Contract, and no representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.



SAMPLE CONTRACT

of 46

This Contract may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this agreement shall be void and of no effect.

IN WITNESS WHEREOF, the parties have executed this Contract on the dates set forth below. ALAMEDA-CONTRA COSTA CONTRACTOR: TRANSIT DISTRICT: David J. Armijo Date Signature Date General Manager APPROVED AS TO FORM AND CONTENT: Name Please Print Kenneth C. Scheidig Date Title Interim General Counsel

professional services agreement - ac transit oracle... · professional services ac transit district...

Documents