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					                Lane County Request for Proposals # H&HS 20277

                                                            for a

                         Health and Human Services
                     Management Information System

                                     Issue Date: January 23, 2007




∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞


                                Lane County, Oregon
           Health and Human Services Department
                             125 East Eighth Avenue
                            Eugene, OR 97401-2926

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞

                       Proposals Due: Friday, April 6, 2007
                                            10:00 am PST
                                                                                        Lane County Oregon
                                                                                          RFP # H&HS.20277
                                                                                    Issued: January 23, 2007




                                      Table of Contents

1.0   INTRODUCTION ............................................................................... 1
      1.1    PURPOSE OF THIS REQUEST FOR PROPOSALS ............................................... 1
      1.2    SCOPE OF THIS PROCUREMENT .................................................................... 1
      1.3    BACKGROUND ............................................................................................. 2
      1.4    PROCUREMENT LIBRARY .............................................................................. 3
2.0   LEGAL NOTICE ................................................................................ 4
3.0   CONDITIONS GOVERNING THIS PROCUREMENT ........................ 6
      3.1    MODIFICATION OR WITHDRAWAL OF PROPOSAL ............................................. 6
      3.2    INTERPRETATION OF RFP DOCUMENTS ......................................................... 6
      3.3    PROTEST OF REQUIREMENTS ........................................................................ 7
      3.4    SELECTION OF FINALISTS ............................................................................. 8
      3.5    VENDOR ORAL PRESENTATION AND PRODUCT DEMONSTRATION ..................... 8
      3.6    PROPOSAL PREPARATION AND SUBMISSION .................................................. 8
      3.7    ALTERNATE RESPONSES .............................................................................. 9
      3.8    PROPOSAL OFFER FIRM ............................................................................... 9
      3.9    EVALUATION OF PROPOSALS ...................................................................... 10
      3.10   RIGHT OF APPEAL ..................................................................................... 10
      3.11   COSTS INCURRED ...................................................................................... 12
      3.12   ACCEPTANCE OF CONTRACTUAL REQUIREMENTS ......................................... 12
      3.13   NEWS RELEASE ......................................................................................... 12
      3.14   PUBLIC RECORDS ...................................................................................... 12
      3.15   VENDOR DISQUALIFICATION ........................................................................ 13
      3.16   INVESTIGATION OF REFERENCES ................................................................. 13
      3.17   PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS ......................................... 14
      3.18   PRIME CONTRACTOR RESPONSIBILITY ......................................................... 14
      3.19   SUBCONTRACTORS .................................................................................... 14
      3.20   OBLIGATION .............................................................................................. 14
      3.21   SUFFICIENT FUNDING ................................................................................. 14
      3.22   CHANGE IN VENDOR REPRESENTATIVES ...................................................... 15
      3.23   ACCEPTANCE OF CONDITIONS GOVERNING THE PROCUREMENT .................... 15
4.0   PROCUREMENT SCHEDULE ........................................................ 16


                                                        i
                                                                                              Lane County Oregon
                                                                                                RFP # H&HS.20277
                                                                                          Issued: January 23, 2007




      4.1    SEQUENCE OF EVENTS ............................................................................... 16
      4.2    EXPLANATION OF EVENTS........................................................................... 17
             4.2.1    Issue of RFP ..........................................................................................17
             4.2.2    Procurement Distribution List Response Deadline ..................................17
             4.2.3    Deadline to Submit Written Questions ....................................................17
             4.2.4    COUNTY Publishes Responses to Questions ........................................17
             4.2.5    Deadline to Receive Protest of Requirements ........................................17
             4.2.6    Deadline to Submit Proposals ................................................................18
             4.2.7    Evaluation of Proposals ..........................................................................18
             4.2.8    Development of Vendor Presentation and Software Demonstration
                      Agenda ...................................................................................................18
             4.2.9    Selection and Notification of Finalists .....................................................18
             4.2.10   Vendor Presentations and Software Demonstrations by Finalists ...........19
             4.2.11   Best and Final Offers of Finalist(s)..........................................................19
             4.2.12   Selection of Winning Vendor ..................................................................20
             4.2.13   Award of Contract by Board of County Commissioners ..........................20
             4.2.14   Protest Deadline .....................................................................................20
             4.2.15   Anticipated Start Date.............................................................................20
5.0   PROPOSAL FORMAT AND CONTENT.......................................... 21
      5.1    PROPOSAL FORMAT ................................................................................... 21
             5.1.1    Letter of Transmittal ...............................................................................22
             5.1.2    Detailed Response to Scope of Work (Binder 1).....................................22
             5.1.3    Cost Proposal (Binder 2) ........................................................................26
             5.1.4    Technical Literature and Other Services (Binder 3 - Optional) ................26
6.0   SCOPE OF WORK .......................................................................... 27
      6.1    FUNCTIONAL REQUIREMENTS ...................................................................... 28
             6.1.1    Mandatory Functional Requirements ......................................................28
             6.1.2    Desirable Functional Requirements ........................................................35
      6.2    TECHNICAL SPECIFICATIONS ....................................................................... 37
             6.2.1    Mandatory Technical Specifications .......................................................37
             6.2.2    Desirable Technical Specifications .........................................................45
             6.2.3    Requested Technical Information ...........................................................51
      6.3    BUSINESS SPECIFICATIONS ......................................................................... 54
             6.3.1    Project Management Services ................................................................54
             6.3.2    Customization Services ..........................................................................57
             6.3.3    Data Conversion Services ......................................................................58
             6.3.4    Interface Services...................................................................................58
             6.3.5    Implementation Services ........................................................................59


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                                                                                           Lane County Oregon
                                                                                             RFP # H&HS.20277
                                                                                       Issued: January 23, 2007




             6.3.6    Training Services....................................................................................59
             6.3.7    System Documentation ..........................................................................60
             6.3.8    Corporate Qualifications and References ...............................................60
             6.3.9    Key Personnel Experience and References ...........................................61
             6.3.10   Software Maintenance Services .............................................................61
      6.4    VALUE-ADDED SERVICES ........................................................................... 62
             6.4.1    Hosted Operation (Optional) ...................................................................62
             6.4.2    Billing Services (Optional) ......................................................................63
7.0   CONTRACT AND INSURANCE REQUIREMENTS ........................ 64
      7.1    LANE COUNTY CONTRACTS ........................................................................ 64
      7.2    LANE COUNTY CONTRACT POLICIES............................................................ 65
      7.3    MUTUAL NON-DISCLOSURE AGREEMENT ..................................................... 65
      7.4    SOFTWARE LICENSE AGREEMENT ............................................................... 65
      7.5    REQUIRED INSURANCE COVERAGE .............................................................. 65
      7.6    HIPAA COMPLIANCE ................................................................................. 67
8.0   EVALUATION METHODOLOGY .................................................... 68
      8.1    EVALUATION COMMITTEE ........................................................................... 68
      8.2    EVALUATION PROCESS ............................................................................... 68
      8.3    EVALUATION CRITERIA ............................................................................... 69
             8.3.1    Evaluation Factors..................................................................................70
9.0   APPENDICES ................................................................................. 72
      APPENDIX A.     DEFINITION OF TERMS .................................................................... 72
      APPENDIX B.     DESCRIPTION OF COUNTY PROGRAMS .......................................... 81
      APPENDIX C.     ACKNOWLEDGEMENT OF RECEIPT OF RFP ...................................... 90
      APPENDIX D.     SAMPLE LANE COUNTY CONTRACT ................................................. 91
      APPENDIX E.     MUTUAL NON-DISCLOSURE AGREEMENT ....................................... 108
      APPENDIX F.     SOFTWARE LICENSE AGREEMENT ................................................. 113
      APPENDIX G.     COST PROPOSAL FORM ............................................................... 118
      APPENDIX H.     DESCRIPTION OF SYSTEMS FOR DATA CONVERSION ....................... 119
      APPENDIX I.     DESCRIPTION OF SYSTEMS FOR INTERFACES .................................. 124
      APPENDIX J.     HIPAA BUSINESS ASSOCIATE AGREEMENT ................................... 131




                                                        iii
                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




1.0    INTRODUCTION
1.1    PURPOSE OF THIS REQUEST FOR PROPOSALS
The Lane County, Oregon Health and Human Services Department (H&HS), hereinafter
referred to as COUNTY, is seeking proposals from prospective Vendors to acquire an
electronic data collection and reporting system for COUNTY programs and services.

The new information system is intended to significantly enhance the COUNTY’s ability to
manage and exchange information related to individuals, services and billings, internally
across program areas and externally with H&HS partners. The new information system
will assist the COUNTY and its partners to improve service delivery and resulting
outcomes for persons receiving H&HS services in Lane County. The software will
promote the integration and coordination of health care across the COUNTY and data-
driven decisions by COUNTY administrators and health care service providers.

1.2    SCOPE OF THIS PROCUREMENT
The scope of this procurement includes the software and support services required for
the installation and operation of the system, which includes, but is not limited to:
(Definitions can be found in appendix A: Definition of Terms)

      Software. Software licenses, including enhancements, modifications, systems or
       control software, and utilities.
      Project Management. Project management services; customization as
       necessary to meet COUNTY requirements; data conversion; interface
       development; implementation, including configuration and testing support.
      Training. Software training for both business and technical personnel.
      Maintenance and Support. Software maintenance and support, documentation,
       and any other directly related professional services.
      Optional Value-Added Services. Vendors are also requested to provide optional
       alternative support services, such as hosting and billing services.

In addition to proprietary, commercial off-the-shelf software solutions, the COUNTY will
entertain proposals that utilize public domain software and/or are supported through an
open source community. However, only proven base system software products will be
considered. The proposed system must be intergrated. The COUNTY is not interested
in purchasing professional services to design, develop or integrate separate components
of a proposed system. This RFP shall result in a single source award. Definitions of
terminology and acronyms utilized throughout this RFP are in Section 9.0, Appendix A.




                                            1
                                                                     Lane County Oregon
                                                                       RFP # H&HS.20277
                                                                 Issued: January 23, 2007




1.3      BACKGROUND
The mission of Oregon’s Lane County Health and Human Services is ”to promote and
protect the health, safety, and well being of individuals, families and our communities.”1
H&HS is a broad based organization that administers public health, mental health,
developmental disabilities, social services and offender programs in a largely
subcontracted system of services. The service providers are community partners that
support a complex service delivery system across the County.

The new H&HS management information system will support the following COUNTY
programs:
        Public Health
        Developmental Disabilities
        Mental Health
        Supervision and Treatment Services (Alcohol, Drug and Offender Programs)
        Community Health Services (Health Clinics and Treatment Programs)

The software will also support billing and accounting functions for H&HS Administration
and be fully compliant with the federal Health Information Portability and Accountability
Act (HIPAA) rules and regulations. Additional background information about each of
these COUNTY programs can be found in Section 9.0, Appendix B of this RFP.

Currently, some H&HS program functions are supported by the Human Services Client
Tracking System (HSCTS). HSCTS was internally developed, is Oracle based and has
been operational since 1992. HSCTS has primarily provided billing functions for mental
health services, methadone treatment services and sex offender treatment. HSCTS is
not an integrated system and has limited tracking functions for the developmental
disabilities program and individuals receiving immunizations.

While HSCTS has provided adequate billing and client tracking functions for some
H&HS programs over the past 14 years, H&HS program needs have evolved over time.
Today many critical program functions are being supported outside of the HSCTS, often
in a highly manual and paper intensive manner. In addition, the ability to generate
necessary reports is limited and inefficient.

H&HS has identified a need for integrated information to support data-driven decisions
and improve the efficiency and effectiveness of its business processes and services. To
that end, H&HS has initiated a project to acquire and implement a new, integrated
information system. High level functional requirements have been documented that
support the integration of H&HS business processes. Those functional requirements are
included later in this RFP in Section 6.1.



1
    From the H&HS website located at http://www.lanecounty.org/hhs


                                               2
                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




Once a new system is implemented, H&HS initially anticipates approximately 210 total
users and 135 concurrent users.

1.4    PROCUREMENT LIBRARY
The Procurement Manager has established a Procurement Library for this RFP. The
documents in this library include information which is intended as support or background
information to assist Vendors, and not required to be included or addressed in a
proposal. There is no requirement for Vendors to access the Procurement Library but
vendors are encouraged to review documents in the Procurement Library in preparation
for the development of their proposals. The COUNTY has made documents in the
Procurement Library available in electronic format available for viewing at
http://www.lanecounty.org/hhs

At the time this RFP was issued, the Procurement Library contained the following
information:

   Lane County Strategic Plan
   H&HS 06/07 Adopted Budget
   H&HS Major Initiatives by Program Area
   H&HS Placemat
   High Level Project Schedule – Phase III
   Sample Reports by Program Area
   Lane Manual Chapter 20
   Lane Manual Chapter 21

From time to time throughout the period of this procurement, the Procurement Manager
may add documents to the Procurement Library. Vendors who have submitted the
Acknowledgement of Receipt of RFP Form (see Section 9.0, Appendix C) by the
deadline required in the Procurement Schedule (see Section 4.0) will be notified via e-
mail of any additions to the Procurement Library.




                                           3
                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




2.0    LEGAL NOTICE
Notice is hereby given that sealed responses for RFP H&HS.20277 for: LANE COUNTY,
OREGON, Health and Human Services Department, Electronic Data Collection and
Reporting System, shall be received by the Procurement Manager for this RFP, as
follows:

       Julie Losco
       Lane County Health and Human Services
       125 East Eighth Avenue
       Eugene, Oregon 97401-2926
       Phone       541-682-7411

until 10:00 am Pacific Standard Time (PST), on Friday, April 6, 2007, at which time all
proposals received in proper form shall be publicly opened and recorded.

The scope of work includes acquisition and implementation of a management
information system. This is not a Public Work’s project.

The outside of the sealed envelope(s) or box(es) shall be clearly marked with the
following:
      Vendor's Name, Address and Telephone Number
      Proposal in Response to Lane County RFP H&HS.20277 for an “H&HS
       Electronic Data Collection and Reporting System”
      Opening Date: Friday, April 6, 2007
      Opening Time: 10:00 am PST

After Tuesday, January 23, the Request for Proposal (RFP) documents may be
obtained electronically by download from the Lane County Internet website at
http://www.lanecounty.org/hhs or they may be examined by contacting the Procurement
Manager.

All communications related to this RFP should be by mail or by e-mail to
julie.losco@co.lane.or.us. The secured electronic copy of the RFP and its addenda
maintained by the COUNTY shall be the master and controlling document.

Each proposal must be submitted in the requested format. All Vendors shall be required
to comply with the provisions of ORS 656.017 regarding Workers' Compensation or be
exempt under ORS 656.126. Each RFP must contain a statement as to whether the
Vendor is a resident vendor, as defined in ORS 279A.120. All Vendors must be Equal
Opportunity Employers.

Lane County may reject any proposal not in compliance with all prescribed public
procedures and requirements and instructions in this RFP, and may reject for good



                                           4
                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




cause any or all proposals upon a finding by Lane County that it is in the public interest
to do so, as determined by the COUNTY.

Subject to changes based in part on Vendor’s actions, it is intended that the following
dates will govern this procurement.

               ACTION                              DATE                    TIME
                                          Tuesday
 RFP Issue Date                                                    By 2:00 pm PST
                                          January 23, 2007
 Proposals Due and Public Proposal        Friday
                                                                   10:00 am PST
 Opening                                  April 6, 2007

The anticipated schedule shown above expresses the present intent of the COUNTY. It
is not a representation, agreement or promise that, in fact, any projected date will be
met. Lane County may change the proposal submission deadline and opening and will
post notice of any such change on the website and notify anyone who has returned a
completed the “Acknowledgement of Receipt of Request for Proposals Form” by the
required deadline.




                                             5
                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




3.0    CONDITIONS GOVERNING THIS PROCUREMENT

Lane County, by and through its Health and Human Services Department (hereinafter
referred to as COUNTY), reserves the right, for good and just cause, to reject any and all
proposals received as a result of this Request for Proposals when it is in the public
interest to do so, as determined by the COUNTY.

Vendors must comply with all applicable federal, state, local statutes, and rules
including, but not limited to, Lane Manual, Chapter 20 and Chapter 21, which sets forth
procurement policies of the COUNTY. Vendors are encouraged to review these
chapters, which can be found in the Procurement Library at
http://www.lanecounty.org/hhs.

Following are the Conditions Governing this Procurement:

3.1    MODIFICATION OR WITHDRAWAL OF PROPOSAL
Any proposal may be modified or withdrawn at any time prior to the scheduled opening
of proposals, provided that a telegraphic, electronic, facsimile or written request is
received by the COUNTY prior to the scheduled opening. The request shall not reveal
any proposal details, but shall state only the modification, so that the proposal shall not
be known until the proposal is opened. The withdrawal of a proposal shall not prejudice
the right of a Vendor to submit a new proposal prior to the scheduled opening.

A Vendor may submit an amended proposal before the deadline for receipt of proposals.
Any amended proposals must be complete replacements for a previously submitted
proposal and must be clearly identified as such in the transmittal letter. COUNTY
personnel will not merge, collate or assemble proposal materials.

A proposal may not be modified, withdrawn, or cancelled by the Vendor for one hundred
eighty (180) days following the time and date designated for the opening of proposals,
and the Vendor so agrees in submitting the proposal. Should there be any reason why
the contract cannot be awarded within the specified time period, the time may be
extended by mutual agreement between the COUNTY and the Vendor.

3.2    INTERPRETATION OF RFP DOCUMENTS
If the Vendor has any procedural or technical questions regarding this Request for
Proposal, please contact the Procurement Manager by mail, FAX or e-mail:

       Julie Losco
       125 East Eight Avenue
       Eugene, OR 97401-2926
       FAX           541-682-3804


                                             6
                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




       E-Mail         julie.losco@co.lane.or.us

If a Vendor finds discrepancies in or omissions from the RFP documents, or is in doubt
as to their meaning, the Vendor shall notify COUNTY as described in this RFP in Section
3.3.

Any changes to or interpretations of RFP documents shall be accomplished by Addenda
which, if issued, will be posted to the Internet and may be read or downloaded from the
Lane County web site at http://www.lanecounty.org/hhs. A copy of the addenda will also
be available from the Procurement Manager.

It is the Vendor’s full responsibility to obtain from the COUNTY all addenda issued prior
to the proposal submission deadline. Addenda so issued are to be covered in the
proposal and are part of the proposal documents. Failure to address matters contained
in addenda could lead to rejection of entire proposal as non-responsive. Vendor or any
third party interpretations, corrections or changes made in any other manner will not be
binding, and Vendors shall not rely upon such interpretations, corrections, or changes.
In case of doubt or differences of opinion as to the interpretation of provisions of the
RFP, the decision of the COUNTY shall be final and binding upon all parties.

3.3    PROTEST OF REQUIREMENTS
A prospective bidder may protest the competitive selection process or provision(s) in the
RFP if they believe the process is contrary to law, or that the RFP document is
unnecessarily restrictive, is legally flawed or improperly specifies a brand name pursuant
to requirements in ORS 279B.405(2)(a) and (4). Protest shall be in writing no later than
5:00 pm PST on March 9, 2007, and delivered to:

        Julie Losco
        Lane County Health and Human Services
        125 East Eighth Avenue
        Eugene OR 97401-2926

Protests of specifications, technical, contractual or procedural requirements shall include
a detailed statement of the legal and factual grounds for the protest, any proposed
changes to the requirements and a description of the resulting prejudice to the
prospective bidder.

The purpose of this requirement is to permit the COUNTY to correct, prior to the opening
of proposals, requirements that may be unlawful, or from the COUNTY’S perspective,
may be improvident or which may unjustifiably restrict competition. This requirement, by
permitting corrections prior to the opening of proposals, should eliminate the waste
inherent in protests and in the possible rejection of all proposals. In order to have their
complaints considered, prospective bidders must submit them within the time frame set
forth in this Section of this RFP. The COUNTY may not at any subsequent time
consider Vendors’ objections to technical requirements or specifications. Vendors will


                                             7
                                                                     Lane County Oregon
                                                                       RFP # H&HS.20277
                                                                 Issued: January 23, 2007




have an opportunity to submit with their proposals certain proposed modifications to
contract terms which may apply specifically to them and are not inconsistent with
substantive requirements of the COUNTY.

3.4    SELECTION OF FINALISTS
The Evaluation Committee will select and the Procurement Manager will notify the
Vendor(s) selected as finalists on May 24, 2007. Vendors not selected as finalists will
also be notified at this time. Only finalists will be invited to participate in the subsequent
steps of the procurement selection process. Vendors selected as finalists may be asked
to submit revisions to their proposals for the purpose of obtaining best and final offers.
(See Section 4.2.11 of this RFP for further information).

3.5    VENDOR ORAL PRESENTATION AND PRODUCT DEMONSTRATION
Vendors selected as finalists may be invited to make an oral presentation and a
demonstration of the proposed software. If requested, the Vendor will be required to
make the presentation and conduct the demonstration on site at the Lane County Public
Service Building. All costs related to providing the presentation and demonstration will
be the responsibility of the Vendor.
To ensure that Vendors have an equal opportunity for adequate preparation, the
demonstration agenda will be distributed by the Procurement Manager to all Vendors
requested to make an oral presentation and demonstration at least one (1) week prior to
the date scheduled for the presentation. The presentation and demonstration agenda
will identify the functions to be performed and the data to be used during the
demonstration. The Evaluation Committee may, at its option, request that a Vendor
demonstrate any function, product, or system capability included in the Vendor’s
proposal.

3.6    PROPOSAL PREPARATION AND SUBMISSION
An authorized representative of the Vendor’s company shall sign a master printed copy
of the proposal in ink. This master proposal must bear an original signature. Fifteen
(15) additional printed copies and one (1) electronic copy shall be supplied, with the
information in each Binder on a separate disk. The electronic copy shall be provided in
Microsoft Word and/or Excel format on CD-ROM media. In the event there are any
discrepancies among the master printed copy and any other copies provided, the
original signed master shall control and take precedence.

Proposals must be complete and include responses to all items/information requested.
Proposals must be prepared in the exact format stated in this RFP in Section 5.0,
Proposal Format and Contents. Proposals that are incomplete, fail to respond to all
items requested, have unauthorized changes/modifications to the RFP solicitation
document or Addenda terms, or are prepared in another format, may not be considered
minor informalities under Lane Manual, Chapter 21.105(9). Such errors may be deemed



                                              8
                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




by the COUNTY, in its sole discretion, as rendering the proposal non-responsive and
subject to rejection.

Proposals must be submitted in sealed package(s) or envelope(s). To ensure proper
identification and handling, the outside of all package(s) and/or envelope(s) must be
clearly marked, as follows:

      Vendor's Name
      Vendor’s Address
      Vendor’s Telephone Number
      Proposal in Response to Lane County RFP H&HS.20277 for an “H&HS
       Electronic Data Collection and Reporting System”
      Opening Date: Friday, April 6, 2007
      Opening Time: 10:00 am PST

The COUNTY must receive proposals and cost information on or before the scheduled
RFP closing date and time. Late proposals and/or modifications will not be considered.
Facsimile proposals or signatures shall not be accepted.

Unless otherwise specified, proposals received in response to this RFP shall be publicly
opened at the scheduled closing time, as follows:

       Lane County Public Service Building
       Health and Human Services Department
       125 East Eighth Avenue
       Eugene, OR 97401-2926

Vendors who attend the opening will be informed only of the names of Vendors
submitting proposals.

3.7    ALTERNATE RESPONSES
A vendor may not submit more than one (1) response.

3.8    PROPOSAL OFFER FIRM
All costs, delivery schedules, services, interest rates and any other significant factors
contained in the proposal shall be valid for one hundred eighty (180) days from the
proposal closing date, unless otherwise specified in the RFP. The COUNTY may
request Vendors to extend this time in writing.

Mailed deliveries shall be FOB destination with all transportation and handling charges
included and covered by the Vendor. Costs quoted shall specify all costs for which the
COUNTY shall be responsible, if applicable, and unspecified costs shall be borne by the
Vendor.



                                             9
                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




3.9    EVALUATION OF PROPOSALS
A committee consisting of representatives from the COUNTY will evaluate Proposals.
The Evaluation Committee participants and process are explained in this RFP in Section
8.0 of this RFP. During the evaluation process, the Procurement Manager may, at her
option, initiate discussion with Vendors who submit responsive or potentially responsive
proposals for the purpose of clarifying aspects of the proposals, but proposals may be
accepted and evaluated without such discussion. Discussions SHALL NOT be initiated
by the Vendors during this evaluation process period.

In evaluating the proposals and selecting a Vendor and the system software, the
COUNTY reserves the following rights:
      To reject any and all proposals.
      To issue subsequent Requests for Proposals, if desired.
      Not to award a contract for the requested products and services.
      To waive any minor irregularities or informalities in any proposal pursuant to
       Lane Manual 21.105(9).
      To waive mandatory requirement(s), provided all of the otherwise responsive
       proposals fail to fully meet the same mandatory requirement(s), and/or doing so
       does not otherwise materially affect the procurement. This right is at the sole
       discretion of the COUNTY.
      To accept that proposal which the COUNTY deems to be the most beneficial to
       the public and the COUNTY.
      To negotiate with any Vendor to further amend, modify, refine or delineate its
       proposal, the contract price as it is affected by negotiating the scope of the
       purchase and specific contract terms. The contents of this RFP, and as
       amended, if applicable, and the successful Vendor’s proposal will be
       incorporated into and become part of the contract.
      To award a contract for all or part of the products and services proposed.
      To negotiate and accept, without re-advertising the RFP, the proposal of the next
       highest scoring Vendor in the event that a contract cannot be successfully
       negotiated with the selected Vendor. This process may continue with any other
       Vendor submitting proposals before the Evaluation Committee’s final
       recommendation is forwarded for executive approval.

3.10 RIGHT OF APPEAL
Any Vendor responding to this Request for Proposal who is not recommended for award
by the Evaluation Committee may appeal the recommendation/intent to award to the
Board of County Commissioners pursuant to Lane Manual 21.107(14), as follows.

      Any appeal must:
        Be made in writing.


                                           10
                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




              Be received before the contract is awarded by the COUNTY.
              Clearly state the grounds for the appeal and indicate what condition(s)
              resulted in the proposal not being recommended for award.
         Any appeal that does not comply with the applicable procedures may be rejected.
         Unless otherwise stated in this RFP, the appeal must be received by Lane
          County Health and Human Services, not later than seven (7) calendar days after
          notice of the Evaluation Committee's decision was mailed. Upon receipt of the
          appeal, the COUNTY shall notify the Vendor recommended for award of the
          appeal. That Vendor shall have three (3) calendar days from the date the appeal
          was filed to respond to the appeal in writing.
         When an appeal is filed, Lane County Health and Human Services shall prepare
          a written analysis of the appeal and make a recommendation to the Board of
          County Commissioners about appropriate action.
         The Vendor filing the appeal must demonstrate their proposal was not
          recommended for award due to the occurrence of one or more of the following:2
           Differing criteria were used to evaluate different proposals.
           The Evaluation Committee unfairly applied the evaluation criteria to a
              proposal.
           A member or members of the Evaluation Committee had a relationship with
              a responder to the RFP that represented a conflict of interest.
           The criteria used to evaluate the proposals did not pertain to the services or
              products requested.
           A member or members of the Evaluation Committee demonstrated bias
              toward a proposal or responder.
           The COUNTY abused its discretion in rejecting the protestor’s proposal as
              non-responsive.
           The evaluation of the proposal is otherwise in violation of any applicable
              provision of ORS 279A.
         The Health and Human Services Department shall present the issues before the
          Board of County Commissioners. The appellant shall then have ten (10) minutes
          to specifically address the appeal criteria and the Evaluation Committee’s
          recommendation, and the recommended Vendor shall have ten (10) minutes to
          respond.
         The Board of County Commissioners will consider the Evaluation Committee’s
          recommendations and the allegations of the appeal before rendering a final
          decision. It shall state the conclusions reached and reasons either in writing or
          on the record in a public meeting. Any decision to overturn the recommendation
          shall be based on a finding that one of the criteria of Lane Manual 21.107(14)



2
    From Lane Manual 21.107(14)(d).



                                             11
                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




       occurred to the substantial prejudice of the appellant and the protestor must be
       next in line to be awarded the contract if the protest were successful.

3.11 COSTS INCURRED
All travel expenses incurred by COUNTY employees related to this acquisition shall be
the responsibility of the COUNTY. Any cost incurred by the Vendors in preparation,
transmittal and presentation of any proposal or material submitted in response to this
RFP shall be borne solely by the Vendor.

3.12 ACCEPTANCE OF CONTRACTUAL REQUIREMENTS
Failure of the selected Vendor to execute a contract within one hundred eighty (180)
days after notification of award may result in cancellation of the award. This time period
may be extended at the option of the COUNTY. The COUNTY may then offer/award a
contract to the next highest Vendor and continue the process to other Vendors as
necessary.

3.13 NEWS RELEASE
News releases pertaining to this acquisition will be made only with the prior written
consent of the COUNTY, and then only in coordination with the COUNTY.

3.14 PUBLIC RECORDS
All proposals will be kept confidential until after the notice of intent to award/Evaluation
Committee recommendations. This RFP and one (1) copy of each original proposal
received in response to it, together with copies of all documents pertaining to the award
of a contract, shall be kept by the COUNTY and made a part of a file or record, which
shall be open to public inspection following the notice of intent to award a contract to the
successful Vendor. Those documents will become the property of the COUNTY. The
remaining proposals submitted in response to this RFP will be available to be picked up
from the Procurement Manager by the Vendors for a period of thirty (30) calendar days
after the expiration of the period of protest, estimated to be up to June 30, 2007. After
that period of time, extra copies of proposals not kept in the official COUNTY
procurement records will be destroyed by the COUNTY.
The COUNTY will not disclose or make public any pages of a proposal on which the
Vendor has stamped or imprinted “proprietary” or “confidential” subject to the following
requirements:
     If a proposal contains any information that a Vendor reasonably believes is a
        trade secret under ORS 192.501(2), each sheet of such information must be
        marked with the following legend:
                 "This data constitutes a trade secret under ORS 192.501(2), and
                  shall not be disclosed except in accordance with the Oregon
                  Public Records Law, ORS Chapter 192:” AND/OR



                                             12
                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




      If the Vendor reasonably believes there are any other grounds for exempting
       information from disclosure under Oregon Public Records law, the Vendor shall
       mark the information accordingly; AND
      It shall be the Vendor's obligation to establish that the information is exempt from
       disclosure. Many exemptions are conditioned upon "unless the public interest
       requires disclosure in a particular instance" which may depend upon official or
       judicial determinations made pursuant to the Public Records Law. The Vendor
       shall defend, indemnify, and hold the COUNTY harmless from any claim or
       administrative appeal, including costs, expenses, and any attorney fees, related
       to a request to disclose information which the Vendor has labeled as confidential;
       AND
      Proprietary or confidential data shall be readily separable from the proposal in
       order to facilitate eventual public inspections of the non-confidential portion of the
       proposal; AND
      The COUNTY shall be entitled to use information marked confidential, in whole
       or in part, for proposal evaluation, and may make copies for this purpose. If
       applicable, the COUNTY may, in its discretion, include contract language
       covering procedures separating confidential information, if it is to be part of a
       resulting contract.
      However, not withstanding the above, any restrictions related to information
       marked confidential do not apply, if the COUNTY has the right to or has obtained
       the information from another source; AND
      Cost(s) or price(s) to be charged the COUNTY and delivery information shall not
       be considered confidential and shall be open to public inspection.

3.15 VENDOR DISQUALIFICATION
The COUNTY has and reserves the right to refuse to enter into a contract if the
COUNTY, based upon reasonable grounds, determines that the legitimate ends of
government would not be served, or for reasons set forth in ORS 279B.130(2). After
receiving notice of disqualification, the Vendor may appeal in accordance with ORS
279B.130(5) and 279B.425.

3.16 INVESTIGATION OF REFERENCES
The COUNTY reserves the right to investigate the references and conduct other
investigations as necessary, to determine the past performance of any Vendor with
respect to its successful performance of similar projects, compliance with specifications
and contractual obligations, its completion or delivery of a project on schedule, and its
lawful payment of suppliers, sub-contractors, and workers. This investigation may occur
throughout the evaluation process, including up to final execution of any contract. The
COUNTY may postpone the award or execution of the contract after the announcement
of the apparent successful Vendor in order to complete its investigation. The COUNTY



                                            13
                                                                     Lane County Oregon
                                                                       RFP # H&HS.20277
                                                                 Issued: January 23, 2007




reserves its right to reject any proposal, any part of a proposal, to reject all proposals,
and to cancel the award of any contract at any time prior to COUNTY’S execution of a
contract.

3.17 PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS
Due to the limited resources of the COUNTY, the COUNTY generally will not completely
review or analyze proposals which on their faces fail to comply with the requirements of
the RFP nor will the COUNTY generally investigate the references or qualifications of
those who submit such proposals. Therefore, neither the release of a Vendor's bid
bond, the return of a proposal, nor acknowledgment that the selection is complete shall
operate as a representation by the COUNTY that an unsuccessful proposal was
complete, sufficient, or lawful in any respect.

3.18 PRIME CONTRACTOR RESPONSIBILITY
Any contract that may result from this RFP shall specify that the prime contractor is
solely responsible for fulfillment of the contract with the COUNTY. The COUNTY will
make contract payments only to the prime contractor. Vendor is responsible for
supplying to COUNTY and negotiating any third party manufacturer or partner
agreements to be consistent with the terms of this RFP. Terms and conditions
substantially inconsistent with the terms of this RFP could result in rejection of vendor’s
proposal.

3.19 SUBCONTRACTORS
The use of subcontractors must be clearly explained in the proposal, and major
subcontractors must be identified by name. The prime contractor shall be wholly
responsible for the entire performance whether or not subcontractors are used.

3.20 OBLIGATION
This RFP may be canceled at any time and any and all proposals may be rejected in
whole or in part when the COUNTY determines such action to be in its best interests.
This RFP in no manner obligates the COUNTY to the eventual rental, lease, purchase,
etc., of any equipment, software, or services offered until a valid written contract is
awarded and approved by appropriate authorities.

3.21 SUFFICIENT FUNDING
Any contract awarded as a result of the RFP process may be terminated if sufficient
funding or authorizations do not exist. Such termination will be effected by sending
written notice to the Vendor. The COUNTY’s decision as to whether sufficient funding
and authorizations are available will be accepted by the Vendor as final.




                                             14
                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




3.22 CHANGE in Vendor Representatives
Once a contract has been finalized as a result of this RFP, the COUNTY reserves the
right to require a change in Vendor representative(s) if the assigned representative(s)
are not, in the opinion of the COUNTY, adequately meeting its needs.

3.23 ACCEPTANCE OF CONDITIONS GOVERNING THE PROCUREMENT
Vendors must indicate their acceptance of the Conditions Governing the Procurement in
Section 3.0 of this RFP in the Letter of Transmittal. Submission of a proposal constitutes
acceptance of the Evaluation Factors contained in Section 8.3 of this RFP.




                                           15
                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




4.0     Procurement Schedule
4.1     SEQUENCE OF EVENTS
The Procurement Manager will make every effort to follow the schedule set forth in the
following table:

                        Procurement Activity                         Date
      Issue of RFP                                                1/23/2007
      Procurement Distribution List Response Deadline              2/8/2007
      Deadline to Submit Written Questions                        2/19/2007
      COUNTY Publishes Responses to Questions                      3/2/2007
      Deadline to Receive Protest of Requirements                  3/9/2007
      Deadline to Submit Proposals                                 4/6/2007
                                                                   4/9/2007
      Evaluation of Proposals                                      Through
                                                                   5/4/2007
      Development of Vendor Presentation and Software
                                                                   5/4/2007
      Demonstration Agenda
      Selection and Notification of Finalists                      5/4/2007
                                                                  5/14/2007
      Vendor Presentations and Software Demonstrations by          Through
      Finalists
                                                                  5/18/2007
      Best and Final Offers of Finalists                          5/18/2007
      Notice of Intent to Award and Committee
                                                                  5/24/2007
      Recommendations
      Protest of Intent to Awarded                                5/31/2007
      Award of Contract by Board of County Commissioners          6/12/2007
      Anticipated Start Date                                       7/1/2007




                                                16
                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




4.2    EXPLANATION OF EVENTS
Following are the descriptions of the activities listed in Section 4.1 above.

4.2.1 ISSUE OF RFP
       This RFP # H&HS.20277 is being issued by the Lane County, Oregon, Health
       and Human Services Department on January 23, 2007. An electronic copy of
       the RFP can be obtained at http://www.lanecounty.org/hhs.

4.2.2 PROCUREMENT DISTRIBUTION LIST RESPONSE DEADLINE
       Vendors should hand deliver or return by facsimile or by registered or certified
       mail the “Acknowledgement of Receipt of Request for Proposals Form” that can
       be found in Section 9.0, Appendix C of this RFP to have their organization placed
       on the Procurement Distribution List. This form should be signed by an
       authorized representative of the Vendor, dated, and returned by 5:00 pm PST on
       February 8, 2007 to the Procurement Manager (see Section 2.0).
       Failure to return this form shall mean the Vendor’s organization name shall not
       appear on the Procurement Distribution List.
       Vendors are allowed to participate in the RFP process even if they don’t
       completed and return the Procurement Distribution List.
       The Procurement Distribution List will be used when distributing the written
       responses to questions and any RFP amendments. Written responses to
       questions and any RFP amendments will also be available on the COUNTY
       website at http://www.lanecounty.org/hhs.



4.2.3 DEADLINE TO SUBMIT WRITTEN QUESTIONS
       Vendors may submit additional written questions as to the intent or clarity of this
       RFP until 5:00 pm PST on February 19, 2007. All written questions must be
       addressed to the Procurement Manager (see Section 2.0).

4.2.4 COUNTY PUBLISHES RESPONSES TO QUESTIONS
       Written responses to written questions and any RFP amendments will be
       distributed on March 2, 2007 to all Vendors whose organization name appears
       on the Procurement Distribution List. Responses to written questions will also be
       available on the COUNTY website at http://www.lanecounty.org/hhs

4.2.5 DEADLINE TO RECEIVE PROTEST OF REQUIREMENTS
       Protests of the competitive selection process, specifications, technical
       requirements or contract shall be in writing no later than 5:00 pm PST on March
       9, 2007, and delivered to the Procurement Manager (see Section 2.0). Protests
       of specifications, technical, contractual or procedural requirements shall include a


                                             17
                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




      detailed statement of the legal and factual grounds for the protest, any proposed
      changes to the requirements and a description of the resulting prejudice to the
      Vendor. (See Section 3.3 of this RFP for further information.)

4.2.6 DEADLINE TO SUBMIT PROPOSALS
      All proposals in response to this RFP must be received by the Procurement
      Manager no later than 10:00 am PST on April 6, 2007. Proposals received after
      this deadline will not be accepted. The date and time will be recorded on each
      proposal.
      Proposals must be addressed and delivered to the Procurement Manager at the
      address listed in Section 2.0 of this RFP. Proposals must be sealed and labeled
      on the outside of the package to clearly indicate they are in response to RFP #
      H&HS.20277 (see Section 3.6 for further details about labeling proposals).
      Proposals submitted by facsimile will not be accepted.
      A public log will be kept of the names of all Vendor organizations that submitted
      proposals. The contents of any proposal shall not be disclosed to competing
      Vendors prior to contract award.

4.2.7 EVALUATION OF PROPOSALS
      The evaluation of proposals will be performed by an Evaluation Committee
      appointed by COUNTY management. The evaluation process will take place
      between April 9, 2007 and May 4, 2007. During this time, the Procurement
      Manager may, at her option, initiate discussion with Vendors who submit
      responsive or potentially responsive proposals for the purpose of clarifying
      aspects of the proposals, but proposals may be accepted and evaluated without
      such discussion. Discussions shall not be initiated by the Vendors during the
      evaluation process period.

4.2.8 DEVELOPMENT OF VENDOR PRESENTATION AND SOFTWARE DEMONSTRATION
      AGENDA
      To ensure that all Vendors selected as finalists in this procurement process have
      an equal opportunity for adequate preparation, the Oral Presentation and
      Software Demonstration Agenda will be distributed by the Procurement Manager
      to all Finalist Vendors when each Vendor is notified about being selected as a
      finalist on May 4, 2007. The Agenda will identify the time allowed for oral
      presentations, as well as the functions to be performed and the data to be used
      during the software demonstration. The Evaluation Committee may, at its option,
      request during the presentation that each Vendor demonstrate any function,
      product, or system capability included in the Vendor’s proposal.

4.2.9 SELECTION AND NOTIFICATION OF FINALISTS
      The Evaluation Committee will select and the Procurement Manager will notify
      the finalist Vendor(s) on May 4, 2007 via a Finalist Notification Letter. Vendors



                                          18
                                                                     Lane County Oregon
                                                                       RFP # H&HS.20277
                                                                 Issued: January 23, 2007




         not selected as finalists will also be notified at this time. Only finalists will be
         invited to participate in the subsequent steps of the procurement. The schedule
         for the oral presentations and software demonstrations will be determined at this
         time, and the agenda will be distributed to the finalist Vendors.

4.2.10     VENDOR PRESENTATIONS AND SOFTWARE DEMONSTRATIONS BY FINALISTS
         If selected as a finalist, Vendors agree to present their proposal and demonstrate
         their proposed system to the Evaluation Committee. In addition, Vendors agree
         to provide the Evaluation Committee the opportunity to interview proposed staff
         members identified by the Evaluation Committee in the finalist notification letter
         at the session. The Vendors proposed Project Manager is expected to conduct
         the session. A statement of concurrence is required in the Vendor proposal.
         The Procurement Manager will schedule the time for each Vendor’s presentation
         and demonstration on a day between May 14, 2007 and May 18, 2006. All
         Vendor oral presentations and software demonstrations will be held in Eugene,
         Oregon at a site(s) specified in the Finalist Notification Letter. Each finalist
         Vendor shall be responsible for all costs for preparation and presentation. Any
         special equipment configuration requirements or other Vendor needs must be
         stated in the Vendor's proposal. Each Vendor will be given a maximum of three
         (3) hours for setup, and each presentation and demonstration will be limited to
         four (4) hours in duration.

4.2.11     BEST AND FINAL OFFERS OF FINALIST(S)
         Finalist Vendor(s) may be asked to submit revisions to their proposals for the
         purpose of obtaining best and final offers. The best and final offers phase is an
         optional phase that will be conducted only if determined necessary by the H&HS
         Proposal Evaluation Team. The decision as to whether to conduct a best and
         final offers phase will be determined by the COUNTY and accepted by the
         Vendor as final.


         If H&HS elects to request best and final offers, H&HS will determine and rank the
         proposers and create a short list of proposals for further evaluation (the
         “competitive range”). The competitive range shall be established by H&HS after
         the evaluation of Proposals is completed, but the Competitive Range will not be
         more than 3 proposers. The COUNTY, at its discretion, may request a best and
         final offer from a single proposer. H&HS may increase the number of proposers
         in the competitive range if H&HS’ evaluation of proposals establishes a natural
         break in the scores of proposers indicating a number of proposers greater than
         the initial Competitive Range are closely competitive, or have a reasonable
         chance of being determined the best proposer after H&HS evaluation of best and
         final offers.




                                              19
                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




4.2.12     SELECTION OF WINNING VENDOR
         The final successful Vendor will be selected by the Evaluation Committee based
         on scores and results of the entire evaluation process, including oral
         presentations and software demonstrations, and best and final offers, if
         requested. The winning Vendor will be selected by May 24, 2007.
         The COUNTY reserves the right to reject any proposal(s) not in compliance with
         the instructions in this RFP or all prescribed public bidding procedures and
         requirements and may, for good cause, reject any or all proposal(s) when it is in
         the public interest to do so as determined by the COUNTY.

4.2.13     AWARD OF CONTRACT BY BOARD OF COUNTY COMMISSIONERS
         The contract will be presented to the Board of County commissioners on June
         12, 2007 for award. In the event that mutually agreeable contract terms cannot
         be reached with the winning Vendor within the time specified, the COUNTY
         reserves the right to finalize a contract with the next most advantageous Vendor
         without undertaking a new procurement process. The payment schedule for the
         successful Vendor for implementation of the proposed software solution shall be
         negotiated in the final contract. Software license fees and project deliverables
         approved by the COUNTY are the basis for all payments to the successful
         Vendor.

4.2.14     PROTEST DEADLINE
         Any Vendor responding to this RFP who is not recommended for award by the
         Evaluation Committee may appeal the recommendation/intent to award to the
         Board of County Commissioners pursuant to Lane Manual 21.107(14).

         The deadline to submit an appeal is May 31, 2007. Appeals received after the
         deadline will not be accepted. Details about the appeal process can be found in
         this RFP in Section 3.10.

4.2.15     ANTICIPATED START DATE
         The COUNTY anticipates the contract will start on July 1, 2007.




                                             20
                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




5.0    Proposal Format and Content
Proposals must provide a concise description of the Vendor's ability to satisfy the
requirements of this RFP, with an emphasis on completeness and clarity of contents.
The COUNTY shall not be liable for any costs incurred in the preparation, submittal and
presentation of proposals.

5.1    PROPOSAL FORMAT
Proposals shall consist of the following items, separated into binders. Vendors may
select their own numbering system, but proposals must be presented in the order
indicated.

       Binder 1
          o Letter of Transmittal
          o Detailed Response to Scope of Work
              Cover Page
              Table of Contents
              Table of Illustrations, if applicable
              Executive Summary
              Scope of Work
                 Response to Mandatory Functional Requirements
                 Response to Desirable Functional Requirements
                 Response to Mandatory Technical Specifications
                 Response to Desirable Technical Specifications
                 Response to Requested Technical Information
                 Response to Business Specifications
                        Project Management Services
                        Customization Services
                        Data Conversion Services
                        Interface Services
                        Implementation Services
                        Training Services
                        System Documentation
                        Corporate Qualifications and References
                        Key Personnel Experience and References
                        Software Maintenance Services
                        Value-Added Services (Optional)
                          Hosting Services
                          Billing Services
              Appendices

       Binder 2
          o Cost Proposal



                                          21
                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




       Binder 3
          o Technical Literature and Other Services (Optional)

5.1.1 LETTER OF TRANSMITTAL
The Letter of Transmittal shall introduce the Vendor and, at a minimum, contain the
following information:
      Identify the submitting organization.
      Identify the name, title, telephone and fax numbers, and e-mail address of the
        person authorized by the Vendor to contractually obligate the Vendor.
      Identify the name, title, telephone and fax numbers, and e-mail address of the
        person authorized to negotiate the contract on behalf of the Vendor.
      Identify the names, titles, telephone and fax numbers, and e-mail addresses of
        the person(s) to be contacted for clarification.
      Introduce all subcontractor(s) included in the proposal, with a brief explanation
        about their role in the project.
      Explicitly indicate acceptance of the Conditions Governing the Procurement
        stated in Section 3.23 of this RFP.
      Explicitly acknowledge concurrence with Section 4.2.10. Vendor Presentations
        and Software Demonstrations if selected as a finalist.
      Explicitly acknowledge cooperation with an IV&V contractor if selected as the
        contractor.
      Acknowledge receipt of any and all amendments to this RFP.
      Vendors must certify by affirmative statement that if they are selected as the
        successful Vendor as a result of this RFP, they accept all terms and conditions in
        Section 7.0. Contract and Insurance Requirements and the related Appendices,
        in substantial conformity as stated, including acknowledgement of willingness to:
             Sign Mutual Non-Disclosure Agreement (see Section 9.0, Appendix E)
             Sign Software License Agreement (see Section 9.0, Appendix F)
             Obtain and maintain required insurance coverage (see Section 7.5)
      Be signed by the person authorized to contractually obligate the Vendor.

5.1.2 DETAILED RESPONSE TO SCOPE OF WORK (BINDER 1)
Vendor proposals shall include clear, concise descriptions and include at least the
following information listed below. Though Vendor proposals numbering schema may
be at the Vendor’s discretion, proposals must be presented in the same order as
presented below.
       5.1.2.1 Cover Page
       The Cover Page shall include, at a minimum, the following information:
               5.1.2.1.1 Proposal in Response to RFP # H&HS.20277 for an “H&HS
                         Management Information System”


                                           22
                                                            Lane County Oregon
                                                              RFP # H&HS.20277
                                                        Issued: January 23, 2007




         5.1.2.1.2   Vendor Name, Address and Telephone Number
         5.1.2.1.3   Date of Proposal Submission
5.1.2.2 Table of Contents
The Table of Contents shall be a standard listing of proposal section numbers,
section titles and page numbers. All numbered sections of the proposal should
be included, not just major sections.
5.1.2.3 Table of Illustrations
All illustrations within each major proposal section should be labeled as Figures,
given a chronological number within each section, such as Figure 1.1, Figure 1.2,
Figure 2.1, etc., and be listed in this table. The list should contain figure number,
title, and page number.
5.1.2.4 Executive Summary
The Executive Summary shall include in no more than three (3) pages, at a
minimum:
        5.1.2.4.1 A brief statement about the prime Vendor submitting the
                  proposal and any Vendors partnering with the prime Vendor.
        5.1.2.4.2 A brief statement demonstrating the Vendor’s thorough
                  understanding of the requirements presented in this RFP.
        5.1.2.4.3 A brief statement about the salient features of the proposal,
                  summarizing the key points of the proposal.
        5.1.2.4.4 A brief statement of the software and services the Vendor is
                  proposing to provide to the COUNTY, how the proposed
                  solution addresses the needs of the COUNTY, along with
                  any special features of the proposed software and/or Vendor
                  services that positively distinguish the proposal.
        5.1.2.4.5 Any additional information the Vendor might wish to add
                  which would allow the Evaluation Committee to more fully
                  understand the contents of the proposal.
5.1.2.5 Scope of Work
         5.1.2.5.1   Response to Mandatory Functional Requirements
                     Vendor proposals shall include detailed information as
                     described in Section 6.1.1 of this RFP.
         5.1.2.5.2   Response to Desirable Functional Requirements
                     Vendor proposals should include detailed information as
                     described in Section 6.1.2 of this RFP. Vendors may
                     propose additional functionality not addressed in the
                     mandatory or desirable functional requirements in this section
                     of their response.




                                     23
                                                  Lane County Oregon
                                                    RFP # H&HS.20277
                                              Issued: January 23, 2007




5.1.2.5.3   Response to Mandatory Technical Specification
            Vendor proposals shall include detailed information as
            described in Section 6.2.1 of this RFP.
5.1.2.5.4   Response to Desirable Technical Specifications
            Vendor proposals should include detailed information as
            described in Section 6.2.2 of this RFP.
5.1.2.5.5   Response to Requested Technical Information
            Vendor proposals should include information as described in
            Section 6.2.3 of this RFP.
5.1.2.5.6   Response to Mandatory Business Specifications
            5.1.2.5.7   Project Management Services
                        5.1.2.5.7.1 Approach and Methodology to
                                    Project Management
                        5.1.2.5.7.2 Pertinent Issues
                        5.1.2.5.7.3 Project Manager
                        5.1.2.5.7.4 Cooperation with Independent
                                    Verification and Validation
                                    Contractor
                        5.1.2.5.7.5 Project Management Deliverables
                        5.1.2.5.7.6 Project Organization
                        5.1.2.5.7.7 High Level Work Plan
                        5.1.2.5.7.8 Approach and Methodology to Risk
                                    Management
            5.1.2.5.8   Customization Services
                        5.1.2.5.8.1 Approach and Methodology
                        5.1.2.5.8.2 Effort to Customize to Meet
                                    Mandatory Requirements, if
                                    applicable
                        5.1.2.5.8.3 Effort to Customize to Meet
                                    desirable Functionality
            5.1.2.5.9   Data Conversion Services
                        5.1.2.5.9.1 Approach and Methodology
                        5.1.2.5.9.2 Expertise and Experience
            5.1.2.5.10 Interface Services
                       5.1.2.5.10.1 Strategy and Methodology
                       5.1.2.5.10.2 Expertise and Experience




                            24
                                                          Lane County Oregon
                                                            RFP # H&HS.20277
                                                      Issued: January 23, 2007




                   5.1.2.5.11 Implementation Services
                              5.1.2.5.11.1 Configuration Support Services
                              5.1.2.5.11.2 Testing Support Services
                   5.1.2.5.12 Training Services
                              5.1.2.5.12.1 User Training
                              5.1.2.5.12.2 Technical Training
                   5.1.2.5.13 System Documentation
                   5.1.2.5.14 Corporate Qualifications and References
                              5.1.2.5.14.1 Experience and Successes
                              5.1.2.5.14.2 Corporate References
                   5.1.2.5.15 Key Personnel Experience and References
                              5.1.2.5.15.1 Identification of Key Personnel
                              5.1.2.5.15.2 Experience Narratives
                              5.1.2.5.15.3 Reference for Project Manager
                              5.1.2.5.15.4 Resumes (may be located in an
                                           Appendix of the proposal)
                   5.1.2.5.16 Software Maintenance Services
                              5.1.2.5.16.1 Approach to Software Maintenance
                                              Services
                              5.1.2.5.16.2 Frequency of Planned System
                                              Upgrades, Patches and Software
                                              Versions
                              The Vendor’s software maintenance contract may
                              be included in the Appendices of the proposal in
                              Binder 1 if it is referenced in this section of the
                              proposal.
                   5.1.2.5.17 Value- Added Services
                              5.1.2.5.16.1 Response to Hosting Services
                                           (Optional)
                              5.1.2.5.16.2 Response to Billing Services
                                           (Optional)
5.1.2.6 Appendices
        Vendor proposals may include Appendices, if desired, to present
        additional pertinent information and/or information as noted above, e.g.
        software maintenance contract. Documents that substantiate proposal
        claims, such as an example Risk Assessment, Training Plan, etc. may
        be attached as Appendices. References to information found in
        Appendices should be precise to the section and page number.



                                   25
                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




5.1.3 COST PROPOSAL (BINDER 2)
Vendor proposals must include the Cost Proposal in a separate binder (Binder 2) from
the Detailed Response to the Scope of Work. The cost response to this RFP shall be
proposed as a firm fixed price for the complete offering and shall be submitted in the
format on the Cost Proposal Form in Section 9.0, Appendix G. Additional detail may be
provided as Appendices or attached documentation. Vendors must complete all
information on the Cost Proposal Form.

All cost information shall be quoted in U.S. dollars. The COUNTY expects to receive all
cost benefits possible. Costs are divided into categories to facilitate budget and
payment schedules.

All Vendors shall assume and pay all applicable state, federal, and municipal taxes and
contributions which are payable by virtue of development, delivery, and installation of the
item(s) specified in their bid or changes. The COUNTY will provide certificates of tax
exemption upon request.


5.1.4 TECHNICAL LITERATURE AND OTHER SERVICES (BINDER 3 - OPTIONAL)
Vendor proposals may include technical literature and/or other materials Vendors may
believe might add to the knowledge of Evaluation Committee members. Information
submitted in Binder 3 will not be evaluated or assigned point values when evaluating
proposals. Vendors are not required to submit any additional information. If proposals
contain information in Binder 3, they should include an index that includes a list all
sample documents, reference materials, manuals and other documents included in the
Binder.




                                             26
                                                                                  Lane County Oregon
                                                                                    RFP # H&HS.20277
                                                                              Issued: January 23, 2007




6.0        Scope of Work
H&HS has identified a need for integrated information to support data-driven decisions
and improve the efficiency and effectiveness of its business processes and services.
The COUNTY has documented the goal for a new system, as follows:

         The H&HS New System Project will result in “a new electronic information
         system that will significantly enhance H&HS ability to manage and
         exchange information related to individuals, services and billings,
         internally across program areas and externally with H&HS partners.
         The new information system will assist H&HS and its partners to
         improve service delivery and resulting outcomes for persons receiving
         H&HS services in Lane County.”3

The Scope of Work for this RFP consists of the following primary tasks:

      Software
       Provide management information system software that meets COUNTY
         functional and technical requirements.
      Project Management
       Provide high quality project management services to the project.
      Customization
       Customize the base system software (if necessary) to fully meet the mandatory
         functional requirements of the COUNTY. If requested by the COUNTY,
         customize the base system software to fully meet the desirable system
         functionality.
      Implementation Support
       Convert data from COUNTY legacy system(s) to the new system.
       Develop and test interface(s) to COUNTY legacy system(s).
       Provide implementation services to the COUNTY, including configuration and
         testing support.
       Successfully implement the software solution across the COUNTY.
      Training
       Train user and technical personnel.




3
    From the Lane County H&HS New System Project Joint Application Requirements Confirmation Session Summary
    document dated August 30, 2006, page 4.



                                                       27
                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




   Maintenance and Support
    Provide maintenance services for the software.

6.1    FUNCTIONAL REQUIREMENTS
The COUNTY intends to acquire new system software that best meets the COUNTY’s
functional and technical requirements and is competitively priced compared to other
Vendor proposals. Vendors shall include detailed responses in their proposals that
address the capabilities of their proposed software solution in relation to the Mandatory
Functional Requirements set forth in Section 6.1.1.
In addition to proprietary, commercial off-the-shelf software solutions, the COUNTY will
entertain proposals that utilize public domain software and/or are supported through an
open source community. Vendor proposals must identify any components of their
proposed software solution that is public domain and/or open source. However, only
proven base system software products will be considered. The COUNTY is not
interested in purchasing professional services to design and develop a system.
COUNTY Technical Requirements are set forth later in this RFP in Section 6.2.
Mandatory Business Specifications related to the implementation of the software solution
are set forth in Section 6.3 of this RFP.

6.1.1 MANDATORY FUNCTIONAL REQUIREMENTS
The COUNTY has identified and documented descriptions of its high level business
processes that must be supported by a new electronic data collection and reporting
system. Every mandatory functional requirement must be met by the Vendor’s proposed
software, either through the use of their software, a partnership with another software
developer who provides the related mandatory functionality, or through customization of
the proposed software. In Table 6.1.1 below, each business process is related to
mandatory functional requirements for a new system that will assist the COUNTY in the
improvement of those processes and COUNTY services.
Vendors shall provide a clear description of how their proposed software solution meets
each of the mandatory functional requirements. Vendors must address the extent to
which their software meets each mandatory requirement by number in the same order
as set forth in Table 6.1.1, Column 4.0, e.g. 1.1, 1.2, etc. Vendors must identify and
describe their software component, (e.g. module name, screen number(s), associated
business rules, etc.), that meets the COUNTY mandatory requirement. Merely repeating
the requirement with a statement the software performs the function is not an acceptable
response. General product descriptions and/or advertising materials related to the
proposed software will not be considered by the COUNTY to be sufficient information to
warrant critical review by the Evaluation Committee.
If the proposed software does not include functionality that meets a specific COUNTY
mandatory requirement, it shall be so noted. If the functionality is planned in a future
software release, that shall be noted, with the estimated date of the new release.



                                            28
                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




Otherwise, Vendors shall describe the extent of modifications to the Vendor’s proposed
software solution needed to meet the mandatory requirement.
Those proposed systems that support the business processes and meet the mandatory
requirements most robustly will be considered more favorably than those with less
functionality.
Table 6.1.1. COUNTY Business Processes and Mandatory System Functional Requirements

  1.0              2.0                    3.0                              4.0
Business         COUNTY             Business Process                 New System
Process          Business             Description               Mandatory Functional
Number           Process                                             Requirement
                                The process of recording,     A new system shall have
                                tracking and managing all     the capability to capture
                                identified categories of      and report data related to:
                 Contact
   M.1                          contacts and service          1.1 Contact logging
               Management
                                requests to Lane County       1.2 Crisis line contacts
                                Health and Human              1.3 Follow-up activities
                                Services.                          on initial contacts
                                                              The new system shall
                                                              include the following
                                                              functionality:
                                                              2.1 Appointment
                                The process of identifying
                                                                   scheduling
                                available resources, e.g.
                                                              2.2 Automated reminder
                                staff, facilities, and
   M.2         Scheduling                                          system
                                matching those to
                                                              2.3 Staff time tracking
                                individual appointments
                                                              2.4 Resource scheduling
                                and other services.
                                                              The new system shall
                                                              support data exchange
                                                              from the Scheduler to EHR
                                                              and Billing components.




                                            29
                                                                Lane County Oregon
                                                                  RFP # H&HS.20277
                                                            Issued: January 23, 2007




  1.0          2.0                   3.0                                  4.0
Business     COUNTY            Business Process                   New System
Process      Business            Description                 Mandatory Functional
Number       Process                                              Requirement
                                                           The new system shall
                                                           include the capability to
                                                           capture and report data
                                                           related to:
                                                            3.1 Incoming referrals
                                                            3.2 Individual registration
                            The process of                  3.3 Individual releases
            Screening       completing and recording            and notices
  M.3       and Intake/     a group of initial functions    3.4 Enrollment in
            Enrollment      necessary to provide                programs
                            services to an individual.      3.5 Initial eligibility
                                                                determination
                                                            3.6 Individual benefits
                                                            3.7 Prior authorizations
                                                            3.8 Disclosures
                                                            3.9 Individual health
                                                                information
                                                           The new system shall
                                                           include the capability of
                                                           capturing and reporting
                            The process of                 data related to:
                            completing and recording        4.1 Initial individual
                            information about initial           evaluation
           Evaluation and   and ongoing evaluations         4.2 Medical screening
  M.4
            Assessment      and assessments to              4.3 Core screening and
                            determine an individual’s           assessment
                            service and support             4.4 Functional evaluation
                            needs.                          4.5 Updates to
                                                                evaluations and
                                                                assessments
                                                            4.6 Crisis assessment
                                                           The new system shall
                                                           include the capability of
                            The process of                 capturing and reporting
                            developing, planning,          data related to:
              Case          coordinating, recording         5.1 Case management
  M.5
           Management       and tracking individual-            services
                            centered services and           5.2 Case and progress
                            supports.                           notes
                                                            5.3 Plan of Care
                                                                development and


                                        30
                                                             Lane County Oregon
                                                               RFP # H&HS.20277
                                                         Issued: January 23, 2007




  1.0          2.0                  3.0                              4.0
Business     COUNTY           Business Process                  New System
Process      Business           Description               Mandatory Functional
Number       Process                                           Requirement
                                                             monitoring
                                                         5.4 Individual Service
                                                             Plan development
                                                         5.5 Caseload and
                                                             resource
                                                             management
                                                         5.6 Discharge planning
                                                         5.7 Legal tracking
                                                         5.8 Ongoing eligibility
                                                             determination
                                                        The new system shall
                                                        include the capability of
                                                        capturing and reporting
                                                        data related to:
                           The process of recording
                                                         6.1 Provider resource
                           and managing incoming
                                                             management
                           and outgoing individual
  M.6        Referral                                    6.2 Provider
                           information from one
                                                             communications
                           service provider to
                                                         6.3 Client referrals,
                           another.
                                                             including incoming
                                                             and outgoing
                                                         6.4 Client outcomes
                                                         6.5 Client follow-up
                                                        The new system shall
                                                        include the capability of
                                                        capturing and reporting:
                                                         7.1 Individual
                                                             demographic data
                           The process of recording,
                                                         7.2 Individual health data
                           tracking and managing
                                                         7.3 Appointment type
                           services and care
                                                             history
                           provided by Lane County
            Electronic                                   7.4 Progress notes
  M.7                      Health and Human
           Health Record                                 7.5 Individual diagnostic
                           Services, and the
                                                             data
                           disclosure/distribution of
                                                         7.6 Licensed medical
                           information related to an
                                                             professional orders
                           individual.
                                                         7.7 Collateral records
                                                         7.8 Encounter tracking,
                                                             e.g. from providers,
                                                             clinics, Community
                                                             Health Centers


                                      31
                                                             Lane County Oregon
                                                               RFP # H&HS.20277
                                                         Issued: January 23, 2007




  1.0          2.0                  3.0                            4.0
Business     COUNTY           Business Process                New System
Process      Business           Description              Mandatory Functional
Number       Process                                         Requirement
                                                        7.9 Health program
                                                            services
                                                        The new system shall
                                                        include the capability of
                           The process of recording,    capturing and reporting
                           tracking and managing        data related to:
                           vaccines and                  8.1 Vaccine ordering
  M.8      Immunizations
                           vaccinations                  8.2 Shot records
                           administered to               8.3 Vaccine inventory in
                           individuals.                      real time
                                                        8.4 Adverse events and
                                                            incident reports
                                                        The new system shall
                                                        include the capability of
                                                        capturing and reporting
                                                        data related to:
                                                         9.1 Drug ordering
                                                         9.2 Individual medication
                           The process of acquiring,          history
                           recording, monitoring,        9.3 Individual medication
                           prescribing, administering         tracking and
           Pharmacy /
                           and                                monitoring
  M.9       Medication
                           dispensing/distributing       9.4 Drug inventory in real
           Management
                           medications in                     time
                           accordance with               9.5 Drug interactions
                           regulatory requirements.      9.6 Adverse effects
                                                         9.7 Refill tracking – auto
                                                              alerts
                                                         9.8 Generates
                                                              prescription labels
                                                         9.9 Auto fax prescriptions
                                                              to pharmacies
                                                        The new system shall
                           The process of ordering,     include the capability of
                           performing, recording,       capturing and reporting
                           reporting, reviewing and     data related to:
  M.10      Laboratory
                           tracking laboratory tests    10.1 Lab order entry
                           in accordance with           10.2 Lab results, received
                           regulatory requirements.             electronically or
                                                                scanned (including



                                      32
                                                           Lane County Oregon
                                                             RFP # H&HS.20277
                                                       Issued: January 23, 2007




  1.0         2.0                 3.0                              4.0
Business    COUNTY          Business Process                  New System
Process     Business          Description               Mandatory Functional
Number      Process                                           Requirement
                                                             imaging)
                                                      10.3 Multiple iterations
                                                             tracking
                                                      The new system shall
                                                      include the capability of
                                                      capturing and reporting
                                                      data related to the
                                                      following health residential
                                                      services management
                                                      programs:
                                                       11.1 Adult Foster Care
                         The process of
                                                       11.2 Children’s Foster
                         identifying, recording,
           Residential                                         Care
                         monitoring and reporting
  M.11      Services                                   11.3 Short Term Crisis
                         placements and services
           Management                                          Management
                         provided to individuals in
                                                               Residential
                         residential settings.
                                                       11.4 Supported Living
                                                       11.5 Tenant-Based
                                                               Assistance
                                                       11.6 Transitional
                                                               Housing
                                                               Management
                                                       11.7 24-hour Residential
                                                               Group Home
                                                      The new system shall
                                                      include the capability of
                                                      capturing and reporting
                         The process of recording     data related to:
                         and maintaining a list of     12.1 Availability of
            Wait List    individuals awaiting                Services
  M.12
           Management    services provided by          12.2 Individual Wait Lists,
                         Lane County Health and              e.g. Developmental
                         Human Services.                     Disabilities, Mental
                                                             Health Residential,
                                                             Methadone
                                                             Treatment




                                    33
                                                            Lane County Oregon
                                                              RFP # H&HS.20277
                                                        Issued: January 23, 2007




  1.0         2.0                  3.0                              4.0
Business    COUNTY           Business Process                 New System
Process     Business           Description               Mandatory Functional
Number      Process                                           Requirement
                                                       The new system shall
                                                       include a robust reporting
                                                       capability/tools, including,
                                                       but not limited to:
                                                       13.1 Standard system-
                                                             generated reports.
                                                             Vendor proposals
                                                             must include copies
                                                             of all proposed
                                                             solution standard
                                                             reports (can be
                                                             placed in an
                                                             Appendix).
                                                       13.2 User-defined reports
                                                       13.3 Ad Hoc reports
                                                       13.4 Vendor proposals
                          The process of
                                                             shall include a
                          monitoring and producing
                                                             detailed description
                          reports about services
                                                             of the reporting tools
                          provided to individuals,
                                                             associated with their
           Tracking and   including individual
  M.13                                                       proposed solution,
            Reporting     service utilization and
                                                             including any third
                          outcomes, staff and
                                                             party proprietary
                          contractor performance
                                                             software or report
                          and productivity, and cost
                                                             writers.
                          benefit tracking.
                                                       13.5 Ability to extract all
                                                             data captured in the
                                                             system
                                                       13.6 Archiving data and
                                                             reports functionality,
                                                             including the ability
                                                             to scan documents
                                                       13.7 The new system
                                                             shall be fully HIPAA
                                                             compliant and meet
                                                             other relevant
                                                             federal regulatory
                                                             compliance for
                                                             electronic health
                                                             care systems.



                                     34
                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




  1.0             2.0                    3.0                               4.0
Business        COUNTY             Business Process                 New System
Process         Business             Description               Mandatory Functional
Number          Process                                             Requirement
                                                             The new system shall
                Patient         The process of recording,    include the capability to
               Accounts /       maintaining and              capture and report data
   M.14
                 Money          disbursing funds for         related to:
              Management        specific individuals.        14.1 Individual personal
                                                                   accounts
                                                             The new system shall
                                                             include full functionality
                                                             related to:
                                                             15.1 Pre-billing
                                                             15.2 Electronic billing
                                                                   management
                                The process of electronic    15.3 Electronic accounts
                                submission and                     receivable
                                acceptance of HIPAA-               management
                                compliant transactions for   15.4 HIPAA Privacy and
   M.15           Billing
                                individual services                Security
                                provided by Lane County      15.5 Stay current and
                                Health and Human                   include National
                                Services.                          Provider Identifier,
                                                                   third party resource
                                                                   code, National Drug
                                                                   codes and
                                                                   Transactions and
                                                                   Code Set rules and
                                                                   regulations

Additionally, Vendor proposals must address their software support related to reminders,
ticklers, notifications and data integrity edits.


6.1.2 DESIRABLE FUNCTIONAL REQUIREMENTS
Table 6.1.2 below sets forth COUNTY business processes and related new system
functional requirements that are desired by the COUNTY in its new system. Vendors
should describe in their proposals the extent to which their proposed software meets, or
does not meet, each of the desirable requirements set forth in Table 6.1.2, Column 4.0.
Vendors should address each requirement in order by number, e.g. D.1.1, D.1.2, etc.
Vendors may propose additional functionality not addressed in the mandatory or
desirable functional requirements. General product descriptions and/or advertising



                                           35
                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




materials related to the proposed software will not be considered by the COUNTY to be
sufficient information to warrant critical review by the Evaluation Committee.

Table 6.1.2. COUNTY Business Processes and Desirable Functional Requirements
  1.0             2.0                     3.0                                 4.0
Business        Business            Business Process                    New System
Process         Process               Description                         Desirable
Number                                                          Functional Requirements
                                                               The new system should
                                                               include the capability of
                                                               capturing and reporting
                                                               data related to:
                                                               D.1.1 Adult Protective
                                 The process of tracking
                                                                       Services
                                 and reporting individual
                Protective                                     D.1.2 Child Protective
   D.1                           services provided when
                 Services                                              Services
                                 abuse and/or neglect are
                                                               D.1.3 Protective services
                                 suspected
                                                                       investigations
                                                               D.1.4 Incident
                                                                       management
                                                               D.1.5 Abuse and neglect
                                                                       reporting
                                                               The new system should
                                                               include the capability of
                                                               capturing and reporting
                                                               population-based data and
                                                               consultation/education-type
                                                               individual and community
                                                               activities related to the
                                                               following health
                                 The process of recording
                                                               education/prevention
                                 and tracking population-
                                                               programs:
                                 based and consultation-
               Education /                                     D.2.1 Alcohol and Drug
                                 type activities designed to
   D.2         Prevention                                              Prevention
                                 educate individuals and/or
                Services                                       D.2.2 Car Seat Safety
                                 the community, or
                                                               D.2.3 Early Childhood
                                 otherwise work to improve
                                                                       Cavities Prevention
                                 health outcomes.
                                                               D.2.4 Family Medication
                                                               D.2.5 Gambling Prevention
                                                               D.2.6 Gang Prevention
                                                               D.2.7 Health Education
                                                               D.2.8 HIV Outreach and
                                                                       Education
                                                               D.2.9 Parenting and Child
                                                                       Development


                                             36
                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




  1.0              2.0                      3.0                             4.0
Business         Business             Business Process                New System
Process          Process                Description                     Desirable
Number                                                          Functional Requirements
                                                               D.2.10 Suicide Prevention
                                                               D.2.11 Teen Pregnancy
                                                                        Prevention
                                                               D.2.12 Tobacco
                                                                        Prevention
                                                               D.2.13 Violence
                                                                        Prevention
                                                               The new system should
                                  The process of               include the capability of
                                  conducting, recording and    capturing and reporting
                  Civil           tracking commitment          data related to:
   D.3
               Commitment         investigations and           D.3.1 Court Orders
                                  recommendations              D.3.2 Commitment
                                  regarding individuals.               Period(s)
                                                               D.3.3 Investigations


6.2       TECHNICAL SPECIFICATIONS
6.2.1 MANDATORY TECHNICAL SPECIFICATIONS
Lane County Information Systems Department has published mandatory technical
specifications for the COUNTY. Vendors must thoroughly describe how their proposed
solution meets, or does not meet, each of the following mandatory technical
specifications:
6.2.1.1    Application
           6.2.1.1.1     Mandatory Application Interoperability and Interfaces
                         6.2.1.1.1.1 Vendors must acknowledge their proposed system is
                                     able to run concurrently with COUNTY standard
                                     workstation Windows applications (see Section 6.0,
                                     Subsection 6.2.1.8.2, Table 6.2.1.8.2), subject to
                                     processor and memory limitations.
           6.2.1.1.2     Mandatory Data Access
                         6.2.1.1.2.1 All data for the proposed system should be directly
                                     accessible from major industry standard data access
                                     tools for potential use in reporting and integration
                                     with other county systems. Vendors must describe
                                     the proposed tools, system facilities, third-party
                                     software utilities, or other technical means available
                                     for access to the data in the proposed system.


                                             37
                                                        Lane County Oregon
                                                          RFP # H&HS.20277
                                                    Issued: January 23, 2007




6.2.1.1.3   Mandatory Data Integrity
            6.2.1.1.3.1 Vendors must describe how their proposed system
                        application maintains the integrity of user data and
                        prevents data loss or corruption. Vendors must
                        discuss build-in editing functionality, e.g. how their
                        proposed system application validates user input
                        and uses formatter objects to ensure users enter
                        numbers and dates correctly.
6.2.1.1.4   Mandatory Graphical User Interface
            6.2.1.1.4.1 Vendors must describe their proposed system
                        application graphical user interface and ease of
                        navigation, e.g. ease of use for both casual and
                        experienced users; consistency with basic keyboard
                        navigation models and free of unexpected shifts in
                        input focus and keystrokes required for a particular
                        task must behave in a predictable way; the same set
                        of actions must generate the same results each
                        time; navigation order must be logical; input focus
                        must be on the selected item only; users must be
                        able to select other options by using arrow keys.
                        Navigation between panes and views must be
                        logical and available via a keyboard, as well as a
                        mouse device.
6.2.1.1.5   Mandatory Keyboard User Interface
            6.2.1.1.5.1 Vendors must describe if their proposed system
                        application provides full keyboard access to all
                        features, allowing users to perform the same tasks
                        as when using a mouse, such as drag-and-drop
                        operations. Vendors must acknowledge the
                        keyboard UI is documented in the User Manual
                        and/or available through online Help. Vendors must
                        describe how their application screens provide tool
                        tips on each control that conveys important
                        information for keyboard users, and that application
                        use of function and hot keys does not interfere with
                        Windows-supported keyboard and mouse
                        accessibility options, e.g. StickyKeys, FilterKeys,
                        ToggleKeys, and MouseKeys.
            6.2.1.1.5.2 Vendors must describe the keyboard interface,
                        including the quickness and ease of their proposed
                        system application keyboard navigation - providing
                        simple keyboard navigation methods and
                        programmable, customizable shortcut methods for
                        common and repetitive tasks using commonly


                                 38
                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




                                   recognized shortcut key assignments, such as
                                   CTRL+C for Copy and CTRL+Z for Undo.
          6.2.1.1.6   Mandatory Mouse User Interface
                      6.2.1.1.6.1 Vendors must acknowledge that their proposed
                                  system provides a mouse-based user interface.
          6.2.1.1.7   Mandatory WYSIWYG
                      6.2.1.1.7.1 Vendors must describe how their proposed system
                                  application provides predictable output from
                                  documents. For example, in applications in which
                                  users can format data for printing, publish to the
                                  Web, or write to film, DVD, or other formats, there
                                  must be no significant differences between what
                                  users see onscreen and what they receive in the
                                  final output. When the user makes changes to a
                                  document, the results must be displayed
                                  immediately. Vendors should describe how their
                                  proposed system makes use of preview functions,
                                  where applicable.
6.2.1.2   Application Service Provider (ASP)
          6.2.1.2.1   Mandatory Privacy of Lane County Data/HIPAA Compliance
                      6.2.1.2.1.1 The proposed system application must demonstrate
                                  the technology infrastructure is in place to insure full
                                  compliance with the Health Insurance Portability and
                                  Accountability Act (HIPAA), including restrictions on
                                  access among the H&HS programs and within each
                                  program as appropriate and consistent with
                                  COUNTY HIPAA policies. Vendors must explicitly
                                  state their willingness to enter into a HIPAA
                                  Business Associate Agreement with the COUNTY,
                                  should they be the successful Vendor, as defined in
                                  federal regulations and Chapter 4, Paragraph 2 of
                                  the Lane County Administrative Policy Manual
                                  (found in the Procurement Library).
6.2.1.3 Hardware
          6.2.1.3.1   Mandatory Lane County Servers
                      6.2.1.3.1.1 The COUNTY’s client/server and web application
                                  servers are managed by the Lane County
                                  Information Services Department (LCIS). The
                                  servers are housed in a secure computer facility run
                                  by LCIS. The computer facility provides an
                                  Uninterruptible Power Supply (UPS) and a backup
                                  generator for COUNTY servers. UPS and generator


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                                  access will be available for proposed new hardware.
                                  The existing COUNTY server infrastructure runs on
                                  Hewlett Packard (HP), Compaq and International
                                  Business Machines (IBM). Servers are backed up
                                  by HP OmniBack, a common backup system used
                                  for all servers supported by LCIS. This system will
                                  be converted to Commvault Galaxy later this year.
                                  Vendors shall acknowledge their proposed system
                                  can successfully operate in this environment.
          6.2.1.3.2   Mandatory Redundant Array of Independent Disks (RAID)
                      6.2.1.3.2.1 The disk system for all proposed servers must use
                                  RAID with a hot spare. Vendors must describe the
                                  minimum and recommended server specifications
                                  and configuration for their proposed system,
                                  estimating 210 total users and 135 concurrent users
                                  across Lane County.
          6.2.1.3.3   Mandatory Redundant Power Supplies
                      6.2.1.3.3.1 Vendors must describe their proposed system’s
                                  redundant power requirements/supplies.
6.2.1.4 Network
The COUNTY uses a regional network, TCP/IP and Ethernet over Local Area Networks
(LANs) / Wide Area Networks (WANs). The network operating system is Windows 2003,
using Domain Name System (DNS) for address resolution and Dynamic Host
Configuration Protocol (DHCP) for address assignment. The back bone is Gigabit
Ethernet with most desktops connected at 100 megabits. There are remote locations
with 1.544Mb/s (T1’s), and DSL and Cable Modem packages with 1.2Mb’s down and
700Kb/s up.
          6.2.1.4.1   Mandatory Electronic Mail Interface
                      6.2.1.4.1.1 If the proposed system interfaces to an existing user
                                   electronic mail system, the interface must be
                                   Messaging Application Programming Interface
                                   (MAPI) or Simple Mail Transfer Protocol (SMTP)
                                   compliant. Vendors must describe the interface of
                                   their proposed system to an electronic mail system,
                                   if applicable.
          6.2.1.4.2   Mandatory Ethernet
                      6.2.1.4.2.1 Vendors must acknowledge their proposed system
                                   runs satisfactorily on an Ethernet network.
          6.2.1.4.3   Mandatory Internet Connection Bandwidth
                      6.2.1.4.3.1 The proposed system must be able to operate with
                                   an Internet connection that is currently rate-limited to
                                   11Mb/s. This 11 Mb/s connection is shared by 2,500
                                   users. Vendors must describe the minimum and


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                                  recommended requirements for their system to
                                  operate over the Internet.
         6.2.1.4.4    Mandatory Mobile Device Remote Access Bandwidth
                      6.2.1.4.4.1 If the proposed system requires remote access from
                                  a mobile workstation, it must perform satisfactorily
                                  using current County 1 x Round Trip Delay Time
                                  (RTT) technology (40 to 60 KB average). Vendors
                                  must describe the requirements of their proposed
                                  system’s remote access from a mobile workstation.
         6.2.1.4.5    Mandatory TCP/IP
                      6.2.1.4.5.1 Vendors must acknowledge their proposed system
                                  runs on a TCP/IP network.
         6.2.1.4.6    Mandatory WAN Network Bandwidth
                      6.2.1.4.6.1 The County’s slowest Wide Area Network (WAN)
                                  connected site is a Digital Subscriber Line (DSL) site
                                  with 1.2Mb’s down and 700Kb/s up. There are four
                                  (4) workstations on the remote end of this WAN
                                  connection on a 100 megabit switched network.
                                  Vendors must describe how their proposed system
                                  is able to perform satisfactorily with this amount of
                                  network throughput.
6.2.1.5 Security
Lane County’s current client/server environments use Windows authentication facilities
for application user ID and password to grant access permissions to applications.
Centralized security administration is currently provided by the Lane County Information
System (LCIS) support staff.
           6.2.1.5.1   Mandatory Authorized User Access
                       6.2.1.5.1.1 Access to all components of the proposed system
                                     shall be granted only to authorized users. Vendors
                                     must describe the business rules related to access
                                     to their proposed system.
                       6.2.1.5.1.2 Authorized users of the proposed system must be
                                     identified by a user ID and password or another
                                     means that provides equivalent or better security.
                                     Vendors must describe the business rules related to
                                     authorizing users of their proposed system.
           6.2.1.5.2   Mandatory Internet Security
                       6.2.1.5.2.1 If the proposed system connects to the Internet, an
                                     industry accepted level of encryption must be used
                                     for data transmissions. Vendors must describe the
                                     encryption methods used by the proposed system




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                                and other security features in the Internet
                                component of the proposed system.
         6.2.1.5.3  Mandatory Password Security
                    6.2.1.5.3.1 The proposed system must not transmit user ID’s or
                                passwords in clear text. Vendors must describe how
                                the proposed system transmits user IDs.
         6.2.1.5.4  Mandatory Remote Access
                    6.2.1.5.4.1 If the system resides in Lane County’s secure
                                computer facility and remote access to the system is
                                required, access will be provided through a Virtual
                                Private Network (VPN) with two (2) factor
                                authentication. Vendor proposals must describe the
                                Vendor’s need for remote access to Lane County’s
                                facility and what security methods and standards the
                                Vendor uses for remote access.
         6.2.1.5.5  Mandatory Web Page Security
                    6.2.1.5.5.1 Vendors must describe how unauthorized users are
                                prevented from accessing web pages of the
                                proposed system.
6.2.1.6 Server Software
         6.2.1.6.1  Mandatory Operating System Patching and Updates
                    6.2.1.6.1.1 Vendors must describe how their proposed system
                                will permit operating system patching and updates,
                                and allow for a system restart when a patch or
                                update requires it.
         6.2.1.6.2  Mandatory Server Operating System
                    6.2.1.6.2.1 The proposed system must be able to operate on
                                Microsoft Windows 2003 Server with Service Pack 1.
                                Vendors must describe the recommended server
                                operating system for the proposed system, if
                                different from MS Win 2004, SP1.
         6.2.1.6.3  Mandatory Systems Management and Monitoring
                    6.2.1.6.3.1 Vendors must describe how the proposed system
                                will cooperate satisfactorily with Microsoft Systems
                                Management Server and Microsoft Operations
                                Manager, as well as with HP, Compaq and IBM
                                hardware management agents.
         6.2.1.6.4  Mandatory Web Server Software Version
                    6.2.1.6.4.1 Vendors must describe if their proposed system will
                                be able to operate on Microsoft Internet Information
                                Server, version 6.



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                      6.2.1.6.4.2  Vendors must describe the recommended
                                   requirements for Web server software for their
                                   proposed solution.
         6.2.1.6.5    Mandatory Antivirus Protection
                      6.2.1.6.5.1. Vendors must describe how their proposed system
                                   will cooperate satisfactorily with the COUNTY’s
                                   current antivirus software and permit automatic
                                   antivirus definition updates. The current antivirus
                                   software is Trend Server Protect. Vendors should
                                   site example(s) where the proposed software is
                                   operational today on a network utilizing this antivirus
                                   software.
         6.2.1.6.6    Mandatory Backup
                      6.2.1.6.6.1 Vendor systems that are located in the COUNTY
                                   computer facility and managed by the COUNTY for
                                   backup and recovery are required to utilize the Lane
                                   County Back-Up Facility. Lane County will use the
                                   following backup system: CommVault SW, EMC
                                   SAN with an ADIC tape library.

6.2.1.7 Support
         6.2.1.7.1    Mandatory System Availability and Redundancy
                      6.2.1.7.1.1 Vendors must describe how the proposed system
                                  application will be available and supported 0800 until
                                  1700 PST, Monday through Friday. Service
                                  provided by an ASP must have a fail-over system.
6.2.1.8 Workstation

         6.2.1.8.1    Mandatory Minimum Workstation
                      6.2.1.8.1.1 Vendors must describe if their software operates
                                  satisfactorily on the minimum requirements for a
                                  workstation operating in the COUNTY, as set forth in
                                  the following Table:




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              Table 6.2.1.8.1 Minimum COUNTY Workstation Specifications

     WORKSTATION
                                          REQUIREMENT
       SOFTWARE
  Antivirus                  McAfee VSE 8.0I with Port 25 Blocking
  Antispy                    Spybot Search & Destroy, Ad Aware
  Desktop Management         LANDesk 8.7 with Security Suite
  File Compression           Winzip 8
  PDF Reader                 Adobe Acrobat Reader version 7.X
  Office Suite               Microsoft Office 2000, XP, and 2003
  E-mail                     Microsoft Outlook 2000, XP, 2003


6.2.1.8.2   Mandatory Workstation Software Image
            6.2.1.8.2.1 Vendors must describe if their proposed software
                        operates satisfactorily on workstations that meet the
                        following mandatory requirements for workstation
                        software in the COUNTY, as set forth in the following
                        Table:
            Table 6.2.1.8.2 Mandatory COUNTY Workstation Software

           ITEM                              REQUIREMENT
   Processor Speed           1.4 GHZ
   RAM                       256MB
   Free Storage Space        3GB
   Operating System(s)       Windows 2000 Sp4 or Windows XP Sp2
   Internet browser          Internet Explorer 6 Sp1 (only)
   MDAC level                2.8
   SQL client                MS SQL Client v.2000 Sp3 or higher
   Video display             17” CRT or LCD single monitor
   Video adapter             2MB memory
   Display settings          800 X 600 Resolution
   USB ports                 2 ports running 1.1 speed USB
   Floppy drive              1.44 MB 3.5” drive
   CD-ROM drive              32X Speed CD without write capability
   Network interface         Ethernet 10/100MB running TCP/IP

6.2.1.8.3   Mandatory Existing Workstations
            6.2.1.8.3.1 Vendors must describe how their proposed system
                        operates satisfactorily on COUNTY workstations that
                        meet minimum COUNTY specifications described in
                        Sections 6.2.1.8.1 and 6.2.1.8.2 above. Vendors
                        should indicate if upgrades to COUNTY
                        specifications for workstations are recommended to



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                                    better run their proposed system software, e.g.
                                    additional RAM.
          6.2.1.8.4   Mandatory Workstation Operating System
                      6.2.1.8.4.1 Vendors must state if their proposed system can be
                                  operated on workstations utilizing the following
                                  mandatory workstation operating system(s):
                                  Windows 2000, Sp4 or Windows XP, Sp2.

6.2.2 DESIRABLE TECHNICAL SPECIFICATIONS
6.2.2.1   Application
          6.2.2.1.1   Desirable Application Interoperability and Interfaces
                      6.2.2.1.1.1 Vendors should state if the proposed system
                                  provides a browser interface for regular department
                                  employee use, and if it supports Internet Explorer v6
                                  Sp1 or later.
                      6.2.2.1.1.2   Vendors should describe if the proposed system
                                    provides integration with other applications, and if it
                                    makes use of Service Oriented Architecture.
                      6.2.2.1.1.3   Vendors should describe if the proposed system
                                    provides interfaces with other applications, and if
                                    that web services will be available for use.
          6.2.2.1.2   Desirable Graphical User Interface
                      6.2.2.1.2.1 Vendors should describe how their proposed system
                                  does not present a user with functions that security
                                  will prohibit them from performing, e.g. such
                                  functions should not be displayed or should be
                                  disabled (grayed out).
                      6.2.2.1.2.2   Vendors should describe how their proposed system
                                    wording can be easily understood and difficult to
                                    misunderstand.
                      6.2.2.1.2.3   Vendors should describe how their proposed system
                                    object behavior is consistent and uses a limited set
                                    of window controls, e.g. if the same controls appear
                                    on multiple displays, they should be located in the
                                    same place and work in the same way.
                      6.2.2.1.2.4   Vendors should describe if default values are
                                    provided for enterable fields, whenever possible.
                                    This includes defaulting user ID fields to the
                                    currently signed-on user, department fields to the
                                    current user’s department, and date fields to the
                                    current date, when appropriate.


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            6.2.2.1.2.5   Vendors should describe if their proposed system
                          error messages state the problem(s) clearly, offer
                          possible solutions and allow the Vendor or local staff
                          to diagnose the problem(s).
6.2.2.1.3   Desirable Accessibility and Assistive Technology
            6.2.2.1.3.1 Vendors should describe if their proposed system
                        application provides an option to present images and
                        animated content in an alternate manner and the
                        ease of replacing audio communication with visual
                        communication. Vendors must describe how the
                        proposed system allows individuals to control their
                        computers through means other than a standard
                        keyboard or pointing device, e.g. alternative
                        keyboards, electronic pointing devices, joysticks,
                        trackballs, touch screens, Braille embossers, and/or
                        speech/voice recognition programs.
            6.2.2.1.3.2   Vendors should describe their proposed systems in
                          relation to color, e.g. should not be the sole means
                          used to convey or differentiate information.
6.2.2.1.4   Desirable Data Entry
            6.2.2.1.4.1 Vendors should describe if their proposed system
                        application presents users with tools that are
                        relevant in the current context, eliminating or
                        disabling irrelevant tools. It should use progressive
                        disclosure to reveal information as it is needed and
                        give users the option to hide information they don’t
                        consider useful. Vendors must describe if their
                        proposed system application contains intelligent
                        default settings and supports linear extended and
                        two-dimensional extended selection, auto-
                        completion and an audio option to all visual cues
                        and feedback.
            6.2.2.1.4.2   Vendors should describe how their proposed system
                          provides the capability to identify individual table
                          entries as expired and no longer usable in the entry
                          of new records, but are still valid for display of
                          existing records.
            6.2.2.1.4.3   Vendors should describe proposed system
                          functionality related to drop-down table entries. For
                          example, it should be possible to select items in a
                          list by clicking on the desired choice or typing as
                          much of the item description as is needed to
                          uniquely identify it (similar to the Microsoft Outlook


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                          address book). It should be possible to type an
                          exact value into a table-validated field.
            6.2.2.1.4.4   Vendors should describe how their proposed system
                          works as the user moves from one screen to the
                          next, carrying along key data to minimize re-entry
                          and mistakes.
            6.2.2.1.4.5   Vendors should describe how database columns can
                          be validated by checking entered values against a
                          list of valid values maintained in tables by COUNTY
                          or service provider personnel.
            6.2.2.1.4.6   Vendors should describe the use of abbreviations in
                          Table structures, e.g. use of abbreviations that also
                          displays clear descriptions of the information they
                          represent that are intelligible to a casual user of the
                          proposed system. The proposed system should not
                          display codes that are meaningless or abbreviations
                          so short as to be meaningless.
            6.2.2.1.4.7   Vendors should describe how the proposed system
                          provides the capability for defined COUNTY user
                          groups to configure custom data validation rules to
                          meet specific needs.
6.2.2.1.5   Desirable Data Exchange
            6.2.2.1.5.1 Vendors should describe how the proposed system
                        application is interoperable with other Windows
                        applications, supports Dynamic Data Exchange,
                        supports saving data in industry-standard file
                        formats, uses standard protocols for data
                        interchange, such as XML, and provides data import
                        and export capabilities.
            6.2.2.1.5.2   Vendors should describe if the proposed system
                          allows importing of files for mass-loading of data,
                          and if it does, that it accept standard delimited types
                          that can be generated by Excel or other data tools
                          (ex. .CSV files).
6.2.2.1.6   Desirable Application Configuration
            6.2.2.1.6.1 Because users’ abilities and preferences vary, users
                        should be able to configure aspects of the interface.
                        However, the application should provide good
                        defaults and should minimize the need for
                        configuration. A user’s configuration should be in
                        effect no matter what workstation they use to access
                        the proposed system. Vendors should describe the


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                                    user interface configuration capabilities that are
                                    provided with the proposed system, including any
                                    ability to provide customization for groups or
                                    individual users.
6.2.2.2   Database
          6.2.2.2.1 Desirable Data Access
                    6.2.2.2.1.1 The DBMS for the proposed system should be MS
                                SQL Server. Vendors should state the DBMS of
                                their proposed system.
          6.2.2.2.2   Desirable Back-end (Database) Conversion
                      6.2.2.2.2.1 Vendors should describe if the proposed system
                                  makes use of a standard database back-end, e.g.
                                  SQL Server, that the data tables allow insertion of
                                  data from a third party tool, e.g. Digital
                                  Transformation Services (DTS), for at least basic
                                  setup of tables or synchronization points, e.g. vendor
                                  lists, contacts, etc.
6.2.2.3   Security
          6.2.2.3.1   Desirable Authorized User Access
                      6.2.2.3.1.1 It should be possible to assign supervisor approval
                                  authorization to system reports and possibly other
                                  activities in the system. Once a report has been
                                  approved, it should not be possible for a user to
                                  update or delete it without further supervisor
                                  approval. Vendors should describe approval
                                  authorities supported in their proposed system.
                      6.2.2.3.1.2   A user can logon to the proposed system
                                    simultaneously at more than one workstation.
                                    Vendors should describe their proposed system’s
                                    functionality in this arena. Can more than a single
                                    user access the same individual record
                                    simultaneously on the proposed system?
                      6.2.2.3.1.3   The proposed system should disable a user account
                                    if a defined number of unsuccessful logon attempts
                                    are made within a defined time period. Vendors
                                    should describe the built in business rules affecting
                                    unsuccessful logon attempts for their proposed
                                    system.
                      6.2.2.3.1.4   If the proposed system is to reside in Lane County’s
                                    secure computer facility, the proposed system
                                    should use Microsoft’s Active Directory for user
                                    authentication and authorization. Vendors should


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                          describe the certification/ authentication their
                          proposed system supports.
            6.2.2.3.1.5   The proposed system should support the current
                          COUNTY standard of an eight or nine-character
                          alpha or alphanumeric user ID. Vendors should
                          describe the rules for User ID format.
6.2.2.3.2   Desirable Password Security
            6.2.2.3.2.1 Vendors should describe how their proposed system
                        allows users to change their passwords.
            6.2.2.3.2.2   Vendors should describe how their proposed system
                          provides the capability to establish a user account
                          that requires the password be changed the next time
                          the user logs on.
            6.2.2.3.2.3   Vendors should describe how their proposed system
                          provides the capability to set rules for password
                          strength. Does the proposed system allow users to
                          reuse recent passwords?
            6.2.2.3.2.4   Vendors should describe how their proposed system
                          provides the capability to expire user passwords
                          after a set time period.
            6.2.2.3.2.5   The password field support alphanumeric values at
                          least eight (8) characters long. Vendors should
                          describe their proposed system’s password format
                          and whether or not the COUNTY can specify the
                          minimum password length.
6.2.2.3.3   Desirable Application Function Security
            6.2.2.3.3.1 Vendors should describe how their proposed system
                        limits access to individual system functions and
                        reports to authorized users.
6.2.2.3.4   Desirable Audit of User Activity
            6.2.2.3.4.1 Vendors should describe how their proposed system
                        provides the capability to track (audit) user activity.
6.2.2.3.5   Desirable Data Stored on Portable Workstations or Hand Held
            Data Devices
            6.2.2.3.5.1 Protected information stored on a portable
                        workstation or hand held data device should use an
                        industry standard level of encryption. Vendors
                        should describe how data is protected on portable
                        workstations or hand held data devices, e.g. a
                        Personal Digital Assistant (PDA) or Universal Serial


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                                   Bus (USB) Flash Drive. Include encryption methods
                                   used in the proposed system.
          6.2.2.3.6   Desirable Inactivity-Based Logoff
                      6.2.2.3.6.1 Vendors should describe how their proposed system
                                   automatically logs users off of the application
                                   running on a workstation after a defined period of
                                   inactivity on that workstation.
          6.2.2.3.7   Desirable Intranet Security
                      6.2.2.3.7.1 If the proposed system application is intended for
                                   use on an Intranet, Lane County can provide a
                                   secure environment for running the proposed
                                   system. Vendors should describe the security
                                   features provided in the Intranet component of the
                                   proposed system.
6.2.2.4   Server Software
          6.2.2.4.1  Desirable Web Server Software
                     6.2.2.4.1.1 Any web application components of the proposed
                                 system should use .NET 2 framework. Vendors
                                 should describe their proposed solution’s web
                                 application component language, if different from
                                 this.
6.2.2.5   Support
          6.2.2.5.1   Desirable Support of Production Environment
                      6.2.2.5.1.1 Vendors should describe how the proposed system
                                  application is available 24x7, supported 0800 until
                                  1700 PST, Monday through Friday.
          6.2.2.5.2   Desirable Application Distribution
                      6.2.2.5.2.1 Vendors should describe how the proposed system
                                  software can be automatically updated, e.g. new
                                  versions, from the server to workstations.
          6.2.2.5.3   Desirable Test Environment
                      6.2.2.5.3.1 Vendors should describe their approach and
                                  proposed methodology related to the test
                                  environment so COUNTY users can test new
                                  versions of the proposed system without affecting
                                  the production environment. A description and
                                  diagram of the test environment that can be used for
                                  system equipment and software testing, testing of
                                  integration with other systems, and testing of local
                                  customization without affecting the production
                                  environment should be provided. The test


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                                    environment may have a slower processor and less
                                    memory than the proposed production environment
                                    but needs to be essentially identical to the
                                    production environment of the proposed system,
                                    including server equipment configuration. Please
                                    include the brand and model and recommended
                                    processor, memory and disk space for each test
                                    server. If a test environment with local test servers
                                    is not proposed, describe the alternative test
                                    environment.
          6.2.2.5.4   Desirable Training Environment
                      6.2.2.5.4.1 Vendors should describe their approach and
                                  methodology for user training on the proposed
                                  system without affecting the production system’s
                                  data. Any actions in the test environment must not
                                  affect the availability of the training environment.
                                  However, the training environment may share
                                  hardware used by the production or test
                                  environment.

6.2.3 REQUESTED TECHNICAL INFORMATION
Vendor proposals should address the components labeled “Requested Information” to
the best of their ability.
6.2.3.1   Application
          6.2.3.1.1   Requested Information Relative to Interoperability and
                      Interfaces
                      6.2.3.1.1.1 Vendors should describe any known dependencies
                                  on specific versions of any workstation operating
                                  system objects and any known incompatibilities
                                  between the proposed system and other commonly
                                  used workstation software.
          6.2.3.1.2   Requested Information Relative to Application Configuration
                      6.2.3.1.2.1 Vendors should describe the ways in which the
                                  proposed system can be configured by individual
                                  local users or COUNTY IT staff.
                      6.2.3.1.2.2   Vendors should describe how workflow can be
                                    configured by authorized users. Workflow elements
                                    may include, but are not limited to, report initiation,
                                    report validation, report approval and report
                                    distribution.




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          6.2.3.1.3   Requested Information Relative to Application Licenses
                      6.2.3.1.3.1 Vendors should provide cost information for all
                                  server and workstation application licenses for users
                                  for both the production and test environments.
6.2.3.2   Application Service Provider (ASP)
          6.2.3.2.1  Requested Information Relative to Application Environment
                     6.2.3.2.1.1 Vendors should provide a proposed architecture
                                 document that includes a network diagram of the
                                 application environment. The document and
                                 diagram should show any relationship between the
                                 application environment and any other relevant
                                 networks, and include details on where the
                                 COUNTY’s data will reside.
          6.2.3.2.2   Requested Information Relative to Data Transfers
                      6.2.3.2.2.1 Vendors should describe the formats that are
                                  expected to be supported by the service provider for
                                  data extract import/export?
          6.2.3.2.3   Requested Information Relative to Employee Background
                      Checks
                      6.2.3.2.3.1 Vendors should describe their process for
                                  performing background checks on potential
                                  employees?
          6.2.3.2.4   Requested Information Relative to Lane County User ID’s
                      6.2.3.2.4.1 The COUNTY does not provide a Vendor internal
                                  usernames and passwords for account generation.
                                  With that restriction, Vendors should describe how
                                  they will authenticate users (e.g., LDAP, Client
                                  certificates)? If Vendors need to setup an account
                                  for a COUNTY user, how will the user ID and
                                  password be transmitted back to COUNTY
                                  personnel? Vendors should describe how accounts
                                  are terminated when they are no longer needed.
          6.2.3.2.5   Requested Information Relative to Physical Security
                      6.2.3.2.5.1 Vendors should describe the physical security
                                  measures in place at Vendor’s facility or facilities,
                                  e.g. if proposing hosting services, will the proposed
                                  systems to be used for the COUNTY data storage
                                  and data processing be located in an access
                                  controlled room?




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          6.2.3.2.6   Requested Information Relative to Public Key Infrastructure
                      6.2.3.2.6.1 Vendors should describe in some detail if Public Key
                                  Infrastructure (PKI) is used in securing data
                                  transmissions and data storage, e.g. use of external
                                  provider, i.e. VeriSign, or in-house developed
                                  infrastructure.
          6.2.3.2.7   Requested Information Relative to Privacy of Lane County
                      Data/HIPAA Compliance
                      6.2.3.2.7.1 Vendors should describe how data will be
                                  transferred between Lane County and Vendor’s
                                  facility, e.g. will an extranet connection between
                                  Vendor facility and Lane County be required?
                      6.2.3.2.7.2   Vendors should describe Vendor process and
                                    procedures for data auditing and security quality
                                    assurance testing as it applies to HIPAA compliance,
                                    e.g. testing of authentication, authorization and
                                    auditing functions, as well as any other activity
                                    designed to validate the security architecture.
          6.2.3.2.8   Requested Information Relative to Protecting Lane County
                      Data
                      6.2.3.2.8.1 Vendors should describe the safeguards/security
                                  features in place to protect the COUNTY’s data. Are
                                  Redundant Array of Independent Disks (RAID)
                                  configurations used for storage systems? If so, what
                                  RAID levels are used?
                      6.2.3.2.8.2   Vendors should describe how often full and
                                    incremental data backups are performed, as well as
                                    retention policies for backup media? If backup
                                    media is transferred off site, is the media encrypted
                                    with an industry accepted level of encryption, and if it
                                    is encrypted, what method of encryption is used?
6.2.3.3   Database
          6.2.3.3.1 Requested Information Relative to Security Patches
                    6.2.3.3.1.1 Vendors should describe their policy for applying
                                security patches?
          6.2.3.3.2   Requested Information Relative to System Monitoring
                      6.2.3.3.2.1 Vendors should describe the processes for
                                  monitoring the integrity and availability of the
                                  proposed system(s) the County will use for data
                                  storage and processing.




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            6.2.3.3.3    Requested Information Relative to Database Documentation
                         6.2.3.3.3.1 Requests for system documentation from the
                                     successful Vendor may include Entity Relationship
                                     Diagrams for the database and a definition of the
                                     purpose and content of each table and data element.
                                     Vendors should describe any prerequisites the
                                     company has for releasing this information.
6.2.3.4     Network
            6.2.3.4.1    Requested Information Relative to Network Bandwidth
                         6.2.3.4.1.1 Vendors should indicate the available network
                                     bandwidth required for each active user, or the
                                     bandwidth required for a given number of users.
6.2.3.5     Support
            6.2.3.5.1    Requested Information Relative to Production Environment
                         6.2.3.5.2   Vendors should provide a description and diagram of
                                     the recommended production server configuration
                                     for the proposed system.
6.2.3.6     Workstation
            6.2.3.6.1 Requested Information relative to Monitor Resolution
                      6.2.3.6.1.1 Vendors should indicate the minimum required and
                                  recommended workstation monitor resolution for the
                                  proposed system. Vendors should also indicate the
                                  minimum required and recommended workstation
                                  video card specifications.

6.3       BUSINESS SPECIFICATIONS
6.3.1 PROJECT MANAGEMENT SERVICES
          Approach and Methodology. Vendors shall provide Project Management
          services for the Project. Vendor proposals shall include a description of the
          approach and methodology they are proposing to use to manage the project and
          complete the work. At a minimum, project strategy, project planning, approach to
          project tasks, proposed communication methodologies and frequency, change
          management, configuration management and proposed quality assurance tactics
          shall be included in the description. Quality assurance must include a clear
          description of the internal testing Vendors will conduct to certify their software is
          ready for User Acceptance Testing by the COUNTY.
          Pertinent Issues. In Vendor proposals, issues pertinent to this undertaking must
          be outlined and a methodology must be defined for producing the desired results.
          For each issue identified, Vendors must detail key elements of the problem and
          the manner in which they will approach resolution. Project Management Institute



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                                                             Lane County Oregon
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                                                         Issued: January 23, 2007




(PMI) methodologies or other comparable project management methodologies
should be employed when managing the project.
Project Manager. Vendor proposals will identify a proposed Project Manager to
manage the Project. Vendor proposals must state the percentage of time the
Vendor Project Manager will be dedicated to this project.
Cooperation with Independent Verification and Validation Contractor. The
COUNTY may contract for Independent Verification and Validation services to
assist it in the oversight and quality assurance activities of the project. Should
that be the case, the successful Vendor shall cooperate fully with the IV&V
contractor. Vendor proposals shall indicate that cooperation with an IV&V
contractor, should they be the successful contractor.
6.3.1.1   Project Management Deliverables
          For purposes of preparing proposals, Vendors should consider the
          following project deliverables the successful contractor shall be
          required to produce:
          Project Plan and Schedule. The successful Vendor will be required
          to produce a Project Plan within the first thirty (30) days of
          engagement. The Project Plan will be a mutually agreed upon
          document, maintained and updated as needed by the Vendor, that
          delineates project deliverables, installation schedules and responsibilities
          of both the Vendor and the COUNTY in relation to the project. The
          format of the Plan will be approved by the COUNTY prior to
          development. It will include standard project management activities,
          such as project communication, issue and risk management, change
          control management, configuration management, quality assurance
          and status reporting. The Project Plan will include the completion of a
          Work Breakdown Structure, leading to the Project Schedule that
          delineates all detailed tasks to be performed, the timeframe for
          completion of each task, resource(s) for each task and occurrences of
          milestone activities. No task will exceed more than eighty (80) hours in
          the Project Schedule.
          Project Status Reports. The successful Vendor will be required to
          produce bi-weekly (twice a month) Project Status Reports. The format of
          the reports will be agreed upon by the COUNTY and the Vendor prior to
          the submittal of the first report. At a minimum, the Project Status
          Reports will include the following topics:
              Executive Summary
              Activities Completed This Period
              Project Milestones and Completion
              Activities Scheduled Next Period
              Project Issue Log (following industry standards)


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                                                           Lane County Oregon
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            Project Risk Log (following industry standards)
            Change Management Log (following industry standards)
            Updated Project Schedule
          Project Library. The successful Vendor will be required to maintain
          the official project library of all documents and communications related
          to the project.
          Project Meetings. The successful Vendor will be required to plan and
          lead regularly schedule project meetings with COUNTY managers.
          The vendor will prepare an agenda for each meeting and document
          and distribute meeting minutes following each meeting.
          Reports to Project Steering Committee. The successful Vendor will
          be required to make presentations and deliver reports to the Project
          Steering Committee and others from time to time, as requested, e.g. on
          average once a month during the duration of the project.
6.3.1.2   Project Organization
          Vendor proposals must include a project organization chart and clearly
          describe, at a minimum, the key roles for the project. Vendor
          proposals must include an adequate level of proposed staffing to
          ensure the successful completion of the project. All individuals
          proposed should possess the necessary skills and certifications for the
          roles they are filling. Experience narratives and resumes of key
          personnel are required in Section 6.3.9 later in this RFP.
          Vendor proposals must include a description of key COUNTY project
          roles and an estimate for each role of the time commitment required
          during each milestone activity to successfully complete the project.
6.3.1.3   High Level Work Plan
          Vendor proposals must include a High Level Work Plan for the
          implementation of the proposed system based upon the description of
          the project in this RFP. The Work Plan shall be presented in Microsoft
          Project 2000 or later, and include, at a minimum:
          6.3.1.3.1 Task Level. The Work Plan must include the major
          activities necessary for a successful implementation of the proposed
          software solution down to the task level. Vendor proposals must allow
          the COUNTY a minimum of ten (10) working days to review and
          approve each Vendor deliverable. The Vendor shall fully describe the
          responsibilities expected of the County. These should address
          expectations for technical or administrative products or tasks and
          hardware or software to be supplied.
          6.3.1.3.2 Resource Identification. The Work Plan must clearly
          identify Vendor (including subcontractors) and COUNTY resources


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                                                                 Lane County Oregon
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               required to successfully complete the implementation of the proposed
               software solution across the COUNTY.
               Vendors must provide job descriptions and the number of Vendor
               personnel to be assigned to the customization (if applicable), data
               conversion, interface development, testing, installation, implementation,
               operation and maintenance (for the first 12 months of operation) of the
               software. Vendors shall fully describe the responsibilities expected of
               the COUNTY. These should address expectations for technical or
               administrative products or tasks and hardware or software to be
               supplied.
               6.3.1.3.3 Gantt Charts. The Work Plan must include appropriate
               Gantt Charts that reflect the proposed schedule and all major
               milestones.
     6.3.1.4   Approach and Methodology to Risk Management
               Vendor proposals must include a high level risk assessment using the
               methodology published by the Project Management Institute (PMI) or
               other comparable methodology. Vendors must briefly describe their
               approach to risk assessment and risk reduction and the methodology
               used, if other than the PMI methodology. The Risk Assessment must
               include risk mitigation strategies, as well as recommended resources
               the COUNTY might utilize to reduce risk.

6.3.2 CUSTOMIZATION SERVICES
     The successful Vendor may be requested to customize their proposed software
     to more closely meet the requirements of the COUNTY. Vendor proposals must
     include a description of the approach and methodology they will utilize if
     customization services are requested by the COUNTY.
     Earlier in this RFP, Vendors described the extent to which their proposed
     software meets or does not meet the COUNTY Mandatory Functional
     Requirements and Desirable System Functionality. Vendors may select to
     partner with software developer(s) that support the mandatory and/or desirable
     functionality not supported in the Vendor software. If Vendors choose to modify
     their base software to meet all of the mandatory requirements their proposed
     software does not meet, Vendor proposals must include the following:
     6.3.2.1 Effort to Customize to Meet Mandatory Requirements.
               Vendor proposals will identify and describe the effort, if applicable,
               required to modify the base system to meet all the mandatory
               functional requirements set forth in Section 6.1.1.
     6.3.2.2   Effort to Customize to Meet Desirable Functionality.
               Vendor proposals should identify and describe the effort required, if
               applicable, to modify the base system to meet all the desirable
               functional requirements set forth in Section 6.1.2.


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                                                                  Lane County Oregon
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6.3.3 DATA CONVERSION SERVICES
      For the purpose of preparing proposals, Vendors are to assume that some data
      file conversion will be required. Vendors will be required to convert data from
      three (3) of the current COUNTY systems, including:
            Health Services Client Tracking System (HSCTS)
            Communicable Database (CD)
            Oregon Community Health Information Network (OCHIN)
      Additional information about each of these systems can be located in Section
      9.0, Appendix H.

      6.3.3.1     Vendor proposals must include a clear description of their approach
                  and methodology they will use to complete conversion of data from
                  three (3) COUNTY systems.
      6.3.3.2     Vendors proposals must include a brief description of their expertise
                  and experience successfully converting data in similar projects.

6.3.4 INTERFACE SERVICES
      Vendor proposals shall include a clear description of the approach, strategy and
      methodology proposed when developing interfaces between current systems
      identified by the COUNTY and their proposed software solution. Vendors shall
      describe any industry standard(s) in their proposed software related to the
      exchange of health data, e.g. Health Level 7 (HL7) compliant interface feature.

      For the purpose of preparing proposals, Vendors shall assume the system
      interfaces to the following seven (7) systems will be required for the
      implementation of the proposed software solution:

               AHLERS Interface
               HIPAA 837 Transaction Interface
               OHP Eligibility Interface
               Minimum Data Set (MDS) Interface
               Immunization Interface
               Communicable Disease - Epidemiology Interface
               Views Interface

      Additional details related to each interface can be found in Section 9.0, Appendix
      I of this RFP.

      6.3.4.1     Vendor proposals shall include a description of the approach and
                  methodology Vendors will utilize to complete interfaces with these
                  seven (7) systems.
      6.3.4.2     Vendor proposals shall include a description of their expertise,
                  capability and experience developing successful software interfaces


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                                                              Issued: January 23, 2007




                and creating specific algorithms that provide “value” equivalencies
                between information contained in historical data/files and the new
                data/files where the information was or has been generated from
                different sets of state standards, different sets of assessments, different
                sets of software or different sets of calculations.

      Each interface will require the successful Vendor to complete an analysis and
      develop and submit an Interface Plan, Design and Testing Specifications
      document that will be approved by the COUNTY prior to the initiation of any
      interface programming.

6.3.5 IMPLEMENTATION SERVICES
      Vendor proposals shall include a description of the implementation services they
      propose to provide in support of the installation and deployment of their proposed
      software. Vendor proposals shall include a High Level Implementation Plan.
      The proposed Implementation Schedule should be included in the High Level
      Work Plan described in Section 6.3.1 of this RFP.
      6.3.5.1 Configuration Support Services
      Vendors will be required to provide configuration support services during the
      installation of their proposed software solution. Vendor proposals shall include a
      description of their approach to software configuration. Included in that
      description will be the process Vendors will utilize to provide these services.
      6.3.5.2 Testing Support Services
      Vendors will be required to support the COUNTY during the Acceptance Testing
      phase of the project. Vendor proposals shall include a description of the level of
      the support they will provide to the COUNTY during end user testing.

6.3.6 TRAINING SERVICES
      Vendor proposals shall include a description of the trainings that will be required
      to provide user and technical training on their proposed software. The COUNTY
      intends to employ a train-the-trainer approach, where appropriate. For purposes
      of preparing proposals, Vendors are to assume 215 COUNTY and service
      provider personnel will require user training and between two (2) and four (4)
      COUNTY personnel will require technical training, e.g. system administrator.
      Training will be provided by the successful Vendor in a single location in Eugene,
      Oregon. Vendor proposals must include a description of two (2) types of training,
      as follows:
      6.3.6.1   User Training
                Vendor proposals must include a clear description of their approach,
                training techniques, resources and materials they propose to utilize to
                support user training on the proposed system for COUNTY and service
                provider personnel. Vendors must acknowledge they support an up-to-



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                                                                Lane County Oregon
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                                                            Issued: January 23, 2007




               date User Manual for their proposed software that supports on-going
               training of COUNTY personnel.
               For the purpose of preparing proposals, Vendors are to assume that
               215 users will need to be trained in detail on the use of the system.


     6.3.6.2   Technical Training
               Vendor proposals must include a clear description of their approach,
               training techniques, resources and materials they propose to utilize to
               support the technical administration of the proposed system for
               COUNTY system administrators and technical personnel. Vendors
               must acknowledge they support an up-to-date Technical Maintenance
               and Operating Procedures Manual for their proposed software,
               including back-up and disaster recovery procedures.
               For the purpose of preparing proposals, Vendors are to assume that a
               minimum of two (2) and a maximum of four (4) COUNTY technical
               personnel will need to be trained as system administrators.
               The successful Vendor will be required to develop and submit a
               Detailed Training Plan and Schedule that will be approved by the
               COUNTY prior to the initiation of training.

6.3.7 SYSTEM DOCUMENTATION
     Vendor proposals must describe the system documentation maintained for the
     proposed software solution, including the frequency of Vendor updates to the
     documentation. The successful Vendor will be required to provide up-to-date
     system documentation to the COUNTY during the period of time the COUNTY
     has a software license agreement with the Vendor.

6.3.8 CORPORATE QUALIFICATIONS AND REFERENCES
     Vendor proposals shall include Company Qualifications and References that
     include, but are not limited to, the following information:
     6.3.8.1    Vendor proposals must include in their company description at least
                the following information: business focus and corporate structure
                (including mergers and acquisitions), years of operation, location(s),
                general size either in revenue or personnel, number and types of
                clients, e.g. government, private sector. In addition, Vendor proposals
                must describe their largest client, number of concurrent users and
                number of multiple sites.
     6.3.8.2    A clear, concise description, in the form of a narrative, of the Vendors
                experiences and successes, as well as the experiences and
                successes of major subcontractors (if applicable), in providing a
                system similar to the one proposed for the COUNTY.



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                                                                 Lane County Oregon
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                                                             Issued: January 23, 2007




     6.3.8.3    Three (3) external corporate references for the prime Vendor and one
                (1) corporate reference for each major subcontractor, (e.g. provider of
                implementation services), from clients who received similar services
                and are willing to validate the Vendor’s (and subcontractor’s)
                performance on similar projects.
                At least one (1) of the references for the prime Vendor must be from a
                site where the base system proposed by the Vendor has been
                installed and is in current operation. The minimum information that
                must be provided for each reference includes:
                 6.3.8.3.1 Name of individual, company or government entity where
                              services were provided
                 6.3.8.3.2 Address of individual, company or government entity
                 6.3.8.3.3 Name of current contact person
                 6.3.8.3.4 Telephone number of current contact person
                 6.3.8.3.5 E-mail address of current contact person
                 6.3.8.3.6 Description of the products and services provided
                 6.3.8.3.7 Dates products and services were provided
     Company financial documents are NOT required as a part of the proposal, but
     the COUNTY reserves the right to require financial information of finalists that
     describes the financial condition of the prime Vendor and any proposed
     subcontractor(s). Finalists may be required to provide audited annual financial
     statements (including Balance Sheet, Statement of Income and Changes in
     Retained Earnings, Statement of Changes in Financial Position, and Footnotes)
     dated within the last fifteen (15) months, or a certified true copy of federal income
     tax return for the last fiscal year.

6.3.9 KEY PERSONNEL EXPERIENCE AND REFERENCES
     Vendor proposals shall identify and include experience narratives and resumes
     of key personnel who will be assigned to the project, if awarded the contract.
     Key personnel include, at a minimum, the project manager, lead (appearing on-
     site) technician(s) and lead trainer(s). They may be the Vendor’s employees or
     employees of subcontractor(s). The documented experience should specifically
     include a description of their work supporting the implementation of similar
     projects.
     A minimum of three (3) references must be included for the proposed project
     manager. The COUNTY reserves the right to approve all individuals assigned to
     this project.

6.3.10 SOFTWARE MAINTENANCE SERVICES
     Vendors must describe their approach to software maintenance services,
     including the pricing structure. Vendor proposals must describe the frequency of
     planned system upgrades, patches and software versions.



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                                                                  Lane County Oregon
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                                                              Issued: January 23, 2007




      Vendor proposals must describe the level of on-going support provided, including
      established service levels, e.g. 24x7 help desk support, meeting frequency and
      leadership of user groups and user conferences, etc.
      Vendors must include a copy of their software maintenance agreement in their
      proposals. The software maintenance agreement should not conflict with the
      terms of this RFP.

6.4   VALUE-ADDED SERVICES
      Vendors are encouraged, but not required, to propose any optional value-added
      service(s) they believe would help the COUNTY effectively implement, operate
      and/or utilize the proposed system.

6.4.1 HOSTED OPERATION (OPTIONAL)
      The COUNTY may consider the option of using a fully hosted operation and
      maintenance of the proposed system in a secure environment. Vendors may
      include in their proposals an offer to provide a hosted operation. If proposed,
      the following information shall be included:
      6.4.1.1. Vendors should state their operational performance guarantee.
      6.4.1.2   Vendors should describe the facility where the system will be hosted,
                including the physical facility, hardware and software configurations,
                and network architecture.
      6.4.1.3   Vendors should describe their ability to handle peak loads at higher
                than normal collection and reporting times.
      6.4.1.4   Vendors should describe their routine back-up and their business
                continuity/disaster recovery plans and procedures.
      6.4.1.5   Vendors should describe their physical and logical security safeguards.
      6.4.1.6   Vendors should describe their reliability to insure data availability and
                integrity.
      6.4.1.7   Vendors should describe their data reporting tools and ad hoc reporting
                capacity.
      6.4.1.8   Vendors should describe their storage capacity and ability to expand
                the capacity (scalability) to meet data population growth over time.
      6.4.1.9   Vendors should describe how routine maintenance and system
                upgrades will be supported and how the infrastructure and systems are
                tuned for optimal performance.
      6.4.1.10 Vendors should describe if a testing environment is offered to test
               product customizations and configurations.
      6.4.1.11 Vendors should state their maximum storage capacity and bandwidth
               allowance per customer.


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                                                                Lane County Oregon
                                                                  RFP # H&HS.20277
                                                            Issued: January 23, 2007




      6.4.1.12 Vendors should describe their hosting facility personnel and customer
               service.
      6.4.1.13 Vendor proposals should include a Service Level Agreement that
               guarantees operational performance, as well as other procedures
               governing the operation of the proposed system in a Hosted Facility.
      6.4.1.14 Vendors should include a copy of their hosting agreement in their
               proposals.

6.4.2 BILLING SERVICES (OPTIONAL)
      The COUNTY may consider the option of using clearinghouse/billing services to
      submit claims to its payer community. Vendors may include in their proposals an
      offer to provide billing services. If proposed, at a minimum, the following
      information shall be included:
      6.4.2.1 High level description of Vendors proposed billing services.
      6.4.2.2   Description of the capability of processing electronic claim submissions
                for COUNTY service providers.
      6.4.2.3   Acknowledgement of compliance with the Health Insurance Portability
                and Accountability Act (HIPAA). Billing services must use the HIPAA-
                translatable Expanded National Standard Format (NSF) version T0301,
                Expanded UB92 version T60 or ANSI 837 4010A1 formats.
      6.4.2.4   Description of easy batch submission through a toll-free telephone
                number or Pretty Good Privacy (PGP) encrypted Internet connection.
      6.4.2.5   Description of detailed online submission and error reports and real-
                time editing of claims online capabilities.
      6.4.2.6   Description of Vendors maintenance of a backup file sufficient to
                recreate the claims file should the original be damaged.




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                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




7.0    Contract and Insurance Requirements

7.1    LANE COUNTY CONTRACTS
A copy of a Sample Contract similar to the one Lane County intends to finalize with the
successful Vendor can be found in Section 9.0, Appendix D of this RFP. Standard
Contract Provisions can be found in Lane Manual, Chapter 21.130, which can be found
in the Procurement Library at http://www.lanecounty.org/hhs

It is COUNTY’S intent to agree to contract terms which are substantially similar to those
in Section 9.0, Appendix D. Vendors must agree to execute COUNTY’S form of
purchase agreement. Vendors must certify by affirmative statement they accept all
contract terms and conditions in Section 9.0 Appendix D in substantial conformity as
stated. If Vendors wish to propose limited modifications to these terms and conditions,
they should submit any other form or document with their proposal, clearly marking only
those provisions they believe should be considered and which do not materially differ
from those in Section 9.0, Appendix D. Some of the provisions the COUNTY specifically
desires to remain as written include:
       C-4       Contract Period
       C-6       Production Acceptance and Performance Period
       C-7       Security and Vendor’s Personnel
       C-9       Confidential Information
       C-10      Patent & Copyright Infringement
       C-15      Product Support
       C-19      Worker’s Compensation
       C-20      Free From Tax Law and Discrimination Violations
       C-23      Safety Requirements
       C-24      Governing Law
       C-25      Lane Manual
       C-26      Prime Vendor Responsibilities
       C-28      Indemnity
       C-35      Award to Foreign Vendor
       C-41      Termination
       C-44      Notices

Terms and conditions substantially inconsistent with the terms in this RFP or not
acceptable to the COUNTY’S Office of Legal Counsel could result in rejection of the
Vendor’s proposal. Generally, COUNTY also reserves the right to negotiate aspects of
the proposed solution including but not limited to: the scope of work/performance, price,
to the extent it is affected by change in scope of work/performance, manner in which


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                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




services are to be performed, personnel to be committed to the contract, proposed
options, licensing terms and counts, etc.

Vendors must submit with their proposals any maintenance contracts for software,
software licensing agreements and any other forms, contracts or documents that are
proposed to implement and administer the entire proposed solution. This includes any
third party manufacturer or partner contracts or documents. The Vendor shall be
responsible for negotiating any third party manufacturer or partner agreements to be
consistent with the terms of this RFP. Any proposed maintenance contracts should be
consistent with the sample contract found in Section 9.0, Appendix D, Subsection C-36,
Maintenance Services; in Section 9.0, Appendix E - Mutual Non-Disclosure Agreement;
and in Section 9.0, Appendix J, HIPAA Business Associate Agreement. The County has
included a form software license agreement with accompanying Mutual Non-Disclosure
Agreement. If Vendors wish to propose limited modifications to the software license
agreement, they shall clearly mark only those provisions they believe are not adequately
covered by the COUNTY’s proposed provisions. However, any Vendor proposed
software license agreement should be consistent with the sample contract found in
Section 9.0, Appendix D, Subsection C-13 - License of Software; and Section 9.0,
Appendix E - Mutual Non-Disclosure Agreement.

7.2    LANE COUNTY CONTRACT POLICIES
The successful Vendor will be required to agree to comply with Lane Manual 21.130
which sets forth the COUNTY’s standard contract provisions.

7.3    MUTUAL NON-DISCLOSURE AGREEMENT
The successful Vendor will be required to sign a Mutual Non-Disclosure Agreement with
the COUNTY. A copy of the Agreement can be found in Section 9.0, Appendix E of this
RFP. Vendor proposals must include an acknowledgement of their willingness to sign
the Agreement, if selected.

7.4    SOFTWARE LICENSE AGREEMENT
The successful Vendor will be required to sign a Software License Agreement with the
COUNTY. A copy of the Agreement can be found in Section 9.0, Appendix F of this
RFP. Vendor proposals must include an acknowledgement of their willingness to sign
this Agreement, if selected.

7.5    REQUIRED INSURANCE COVERAGE
The successful Vendor shall not commence any work until the Vendor obtains, at the
Vendor's own expense, all required insurance. Such insurance must have the approval
of Lane County as to limits, form and amount. Vendor proposals must include an
acknowledgement of their willingness to obtain and maintain for the full period of the
contract, the following types and amounts of insurance (marked with an “X”):



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X   COMPREHENSIVE COMMERCIAL GENERAL LIABILITY insurance including
    personal injury, bodily injury and property damage with limits as specified below.
    The insurance shall include:

    COVERAGES                                      LIMITS

    ___   Explosion & Collapse                            $1 million per occurrence

    ___   Underground Hazard                       X      Limits of the Oregon Tort
                                                          Claims Act (ORS 30.370),
    X     Products/Completed Operations                   limits presently at $500,000
                                                          per occurrence
    X     Contractual Liability

          Broad Form Property Damage               ___    Other

          Owners' & Vendors' Protective

    FORM
    All policies must be of the occurrence form with combined single limit for bodily
    injury and property damage. The Lane County Risk Manager must review any
    deviation from this. All claims-made forms must have the prior approval of the
    Lane County Risk Manager. Vendors must submit a complete copy of claims-
    made policies and endorsements with the certificate of insurance.

X   AUTOMOBILE LIABILITY insurance comprehensive form with limits as specified
    below. The coverage shall include owned, hired and non-owned automobiles.

    LIMITS
          $1 million per occurrence

    _X_ Not less than the limits of the Oregon Tort Claims               ___ Other
        Act (ORS 30.270) presently at $500,000 per occurrence

X   PROFESSIONAL LIABILITY insurance, with limits not less than $ 1 Million.

    ADDITIONAL INSURED CLAUSE. The liability insurance coverage required for
    the performance of this contract shall be endorsed to name Lane County, its
    commissioners, officers, agents, and employees, as additional insured with
    respect to the activities performed under this contract.

X   WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY as statutorily
    required for persons performing work under this contract. Any sub-contractor



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      hired by Vendor shall also carry Workers' Compensation and Employers' Liability
      coverage.

      EMPLOYER'S LIABILITY                            X   Limits of $500,000.

___   BUILDER'S RISK insurance special form. Limits to be the value of the contract or
      $____________.

___   FIDELITY BOND covering the activities of any person, named or unnamed,
      responsible for collection and expenditures of funds. Limit $_________ per
      employee.

7.6    HIPAA COMPLIANCE
Vendors must indicate in their proposals they agree to execute a HIPAA Business
Associate Agreement with Lane County ensuring compliance with HIPAA Privacy,
Transactions/Code Sets, and Security rules. A copy of the agreement can be found in
Section 9.0, Appendix J of this RFP.




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8.0    Evaluation Methodology
8.1    EVALUATION COMMITTEE
An Evaluation Committee comprised of COUNTY personnel will conduct the evaluation
process. Committee members will evaluate proposals deemed responsive that appear
to satisfy the requirements using evaluation criteria set forth in this RFP. The Evaluation
Committee’s final recommendation will be subject to the approval by the Lane County
Board of Commissioners. Such approval may require additional review of results,
extension or addition of evaluation activities or additional deliberation of proposal
materials before it is granted.

The Evaluation Committee will include representatives, who are managers of public
entity programs including staff (system end users and business area experts) from the
departments of Health and Human Services and Information Services.

8.2    EVALUATION PROCESS
The COUNTY will follow the following process when evaluating proposals received as
the result of this RFP:
    8.2.1     The Evaluation Committee will review all proposals for compliance with the
              mandatory requirements as stated within the RFP. Proposals deemed non-
              responsive will be eliminated from further consideration and Vendor(s) will
              be notified of such in writing.
    8.2.2     Remaining proposals will be evaluated and assigned points according to the
              evaluation criteria described in Section.8.3 of this RFP.
    8.2.3     The Procurement Manager may contact a Vendor for clarification of the
              response as specified in Section 3.9 of this RFP. The Evaluation
              Committee reserves the right to develop and distribute written follow-up
              questions to solicit greater detail on the information provided.
    8.2.4     Vendor references will be checked. The Evaluation Committee may also
              use other sources of information to perform the evaluation.
    8.2.5     Responsive proposals will be evaluated on the criteria described in Section
              8.3 below that have been assigned a point value.
    8.2.6     The responsible Vendor(s) with the highest score(s) will be selected as
              Finalist Vendor(s) based upon the proposals submitted. Finalist Vendor(s)
              who are asked or who choose to submit revised proposals for the purpose
              of obtaining best and final offers will have their points recalculated
              accordingly. Points awarded from oral presentations and product
              demonstrations will be added to the previously assigned points to attain final
              scores for all Finalist Vendor(s).
    8.2.7     The responsible Vendor whose proposal is most advantageous to the
              COUNTY, taking into consideration the evaluation factors in Section 8.3


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              below, will be recommended for contract award to the Board of County
              Commissioners.
   8.2.8      A serious deficiency in the response to any one criterion may be grounds for
              rejection regardless of overall score. The COUNTY reserves the right to
              reject any proposal not in compliance with the proposal documents or all
              prescribed public bidding procedures and requirements and may, for good
              cause, reject any or all proposals when it is deemed by the COUNTY to be
              in the public interest to do so.

8.3    EVALUATION CRITERIA
The following is a summary of requirements set forth in this RFP with evaluation points
assigned to each item. The Evaluation Committee will review Vendor proposals in
response to these requirements, evaluate the responses and assign a score up to the
maximum points allowed for each factor. Only Finalist Vendors will receive points for an
oral presentation and demonstration.

                         Evaluation Factors                     Maximum Points

       Mandatory Functional Requirements                                       250
       Desirable Functional Requirements                                        25

       Mandatory Technical Specifications                                      100

       Desirable Technical Specifications                                       25
       Mandatory Business Specifications                                       250
           Project Management
           Customization
           Data Conversion
           Interface Development
           Configuration
           Testing
           Implementation
           Training
           System Documentation
           Software Maintenance
       Corporate and Key Personnel Qualifications,                             100
       Experience and References

       Cost                                                                    250

       Oral Presentation / Product Demonstration                               200

       Hosted Operation (Optional)                                       No Points


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                     Evaluation Factors                     Maximum Points

     Billing Services (Optional)                                     No Points

     TOTAL                                                               1,200


8.3.1 EVALUATION FACTORS
     A maximum of 1,200 points may be awarded based upon the quality and
     thoroughness of the Vendor's response to each evaluation factor as follows.

     8.3.1.1   Mandatory Functional Requirements. Up to 250 points may be
               awarded based upon an evaluation of the merit, thoroughness and
               applicability of the Vendor’s response to the mandatory functional
               requirements.

     8.3.1.2   Desirable Functional Requirements. Up to 25 points may be
               awarded based upon an evaluation of the merit, thoroughness and
               applicability of the Vendor’s response to the desirable functional
               requirements.

     8.3.1.3   Mandatory Technical Specifications. Up to 100 points may be
               awarded based on an evaluation of the thoroughness and relevancy of
               the Vendor’s responses to the mandatory technical specifications.

     8.3.1.4   Desirable Technical Specifications. Up to 25 points may be
               awarded based on an evaluation of the thoroughness and relevancy of
               the Vendor’s responses to the desirable technical specifications.

     8.3.1.5   Mandatory Business Specifications. Up to 250 points may be
               awarded based upon an evaluation of the quality and thoroughness of
               the Vendor’s response to the required information set forth in the RFP
               Scope of Work, Business Specifications.

     8.3.1.6   Corporate and Key Personnel Qualifications, Experience and
               References. Up to 100 points may be awarded based on an
               evaluation of the Vendor and proposed key personnel qualifications,
               relevant experiences, performance and successes for clients who have
               implemented the software and are receiving similar services to those
               proposed by the Vendor for this project. Documented work experience
               on similar systems will be evaluated more favorably than experience
               with non-related systems.

     8.3.1.7   Cost. The evaluation of each Vendor’s cost proposal will be conducted
               using the following formula:



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          Lowest Responsive Offer Grand Total Cost X 250 = Points Award
              This Vendor’s Grand Total Cost

8.3.1.8   Oral Presentation / Product Demonstration. Up to 200 points may
          be awarded for a presentation of the proposal and a demonstration of
          the proposed base system to the Evaluation Committee. The quality
          and breadth of the system functional capabilities and ease of use, as
          well as the technical merit and demonstrated knowledge and ability of
          key personnel will be the primary evaluation factors. A function must
          be demonstrated in order to receive a score for that function.

8.3.1.9   Hosting Operations. No points will be awarded for proposals offering
          hosting operations.

8.3.1.10. Billing Services. No points will be awarded for proposals offering
          billing services.




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9.0    APPENDICES
                    APPENDIX A.           DEFINITION OF TERMS
The following terms and acronyms with their definitions are used throughout this RFP.


 TERM / ACRONYM                                    DEFINITION
ADO                      Alcohol, Drug and Offender program within the COUNTY
                         providing a variety of services to individuals and families
                         affected by alcohol or other drug abuse, and to those who are
                         mandated by the criminal justice system to receive evaluation
                         or treatment related to their offenses.
Base System              The assembly of an operational group of computer programs
                         that will perform, without modification, a significant portion of
                         the functional requirements contained in this RFP. The base
                         system may include system interfaces, as well as Vendor
                         supplied third party software, required for the operation and/or
                         maintenance of the base system.
CABHS                    Child and Adolescent Behavioral Health Services within LCMH
                         provides crisis and routine mental health evaluations, crisis
                         stabilization, case management, psychiatric evaluation,
                         medication management and consultation for COUNTY youth
                         ages 3-18 with moderate to severe mental, emotional and
                         behavioral difficulties.
CaCoon                   Care Coordination, an essential component of services for
                         children with special needs within the Maternal and Child
                         Health Program of Public Health in H&HS.
CDROM                    Compact Disc Read Only Memory, a data format standard
                         designed to store computer data on and electronic data
                         storage medium (disc) in the form of text and graphics, as well
                         as hi-fi stereo sound.
CHCLC                    Community Health Centers of Lane County, the COUNTY unit
                         that operates multi-site health centers at eight (8) locations
                         across Lane County.
Contract                 An agreement for the procurement of items of tangible
                         personal property or services.
COUNTY                   Lane County, Oregon
                         Health and Human Services Department.




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    TERM / ACRONYM                                               DEFINITION
CSW 2                               Community Services Workers – 2, a job classification in the
                                    COUNTY.
DD                                  Developmental Disabilities, a severe, chronic disability of an
                                    individual that 1) is attributable to mental or physical
                                    impairment or combination of mental and physical
                                    impairments; 2) is manifested before the individual attains the
                                    age of 22; 3). is likely to continue indefinitely; 4) results in
                                    substantial functional limitations in three or more of the
                                    following areas of major life activity: self-care, receptive and
                                    expressive living, and economic self-sufficiency; and; 5)
                                    reflects the individual's need for a combination and sequence
                                    of special, interdisciplinary, or generic services, individualized
                                    support, or other forms of assistance that are of lifelong or
                                    extended duration and are individually planned and
                                    coordinated. When applied to infants and children,
                                    developmental disabilities means an individuals from birth to
                                    age 9, inclusive, who has a substantial developmental delay or
                                    specific congenital or acquired condition, and may be
                                    considered to have a developmental disability without meeting
                                    3 or more of the criteria above if the individuals, without
                                    services and supports, has a high probability of meeting those
                                    criteria later in life.4
DDS                                 Developmental Disabilities Services, a service unit within
                                    H&HS providing a variety of services to individuals with or who
                                    are at risk for developmental disabilities and their families.
Desirable                           The terms “may,” “can,” “should,” “preferably,” or “prefers”
                                    identify a desirable or discretionary item or factor (as opposed
                                    to “mandatory”).
DHCP                                Dynamic Host Configuration Protocol is a set of rules used by
                                    a communications device, such as a computer, router or
                                    networking adapter, to allow the device to request and obtain
                                    an Internet address from a server which has a list of addresses
                                    available for assignment.
DNS                                 Domain Name System stores and associates many types of
                                    information with the names entered into computers, e.g. as
                                    part of a Website address or e-mail address, and transfers
                                    them to Internet Protocol addresses.



4
    Definition from http://www.aucd.org/aucd_dddefinition.htm.



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 TERM / ACRONYM                             DEFINITION
DSL                Digital Subscriber Line (also called Digital Subscriber Loop) is
                   a family of technologies that provide digital data transmission
                   over the wires of a local telephone network.
DUII               Driving while Under the Influence of Intoxicants, a program
                   within the COUNTY Supervision and Treatment Services unit
                   providing services through the Alcohol, Drug and Offender
                   Program.
Evaluation         A body appointed by COUNTY management to perform the
Committee          evaluation of proposals received as a result of this RFP and
                   make recommendations to the Lane County Board of County
                   Commissioners.
Evaluation         A report prepared by the Procurement Manager and the
Committee Report   Evaluation Committee for submission to the Lane County
                   Board of County Commissioners for contract award that
                   contains all written determinations resulting from the conduct
                   of a procurement requiring the evaluation of competitive
                   sealed proposals.
Ethernet           A large and diverse family of frame-based computer
                   networking technologies defining a number of wiring and
                   signaling standards for the physical layer for Local Area
                   Networks.
Finalist           A Vendor who has submitted a proposal in response to this
                   RFP who meets all the mandatory specifications set forth in
                   the RFP and whose score on evaluation factors is sufficiently
                   high to qualify that Vendor for further consideration by the
                   Evaluation Committee.
Gigabit            Also Gb or Gbit, is a unit of information or computer storage
                   equal to one billion bits or binary digits.
H&HS               Health and Human Services in Lane County, Oregon; the
                   County agency issuing this RFP.
HSC                Human Services Commission, a unit within the COUNTY that
                   develops services for those who have limited or no access to
                   basic health care.
Implementation     Planning, configuring, loading and testing of software and
                   related procedures.




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 TERM / ACRONYM                              DEFINITION
HIPAA             Health Insurance Portability and Accountability Act, a federal
                  law enacted in 1996 directed the federal Department of Health
                  and Human Services to establish national standards for
                  electronic health care transactions and national identifiers for
                  providers, health plans, and employers. It also addressed the
                  security and privacy of individually identifiable health data.
HL7               Health Level 7 is a national standard for the exchange of
                  health data that sets forth a pre-specified format for
                  files/messages and the order of fields within those
                  files/messages.
Hosted Services   A Vendor supplied computing center and related services that
                  includes the hardware, software, network and security
                  facilities, with appropriately trained and sufficient numbers of
                  personnel to be capable of effective operation and
                  maintenance of Software on behalf of the COUNTY.
HP                Hewlett Packard is the name of a computer and electronics
                  company.
HSCTS             Human Services Client Tracking System, the data collection
                  and reporting system currently in use in H&HS to support
                  some programs and business functions.
IBM               International Business Machines is the name of a computer
                  company.
ICD               International Classification of Diseases, contains about thirteen
                  thousand categories of codes used by health care organizations
                  worldwide to standardize reporting of health information.
ID                Identification refers to an electronic method of uniquely
                  identifying each specific user of the software.
Integrate         Means components of the system shall function efficiently and
                  logically with all applicable existing systems.
Interface         The transmission of data that will allow for efficient and logical
                  interaction with other applicable systems.
IV&V              Independent Verification and Validation, are services provided
                  by an independent contractor to assist the COUNTY in the
                  oversight and quality assurance activities of the project.
Kb                Kilobit is a unit of information or computer storage equal to
                  1,000 bits or binary digits.




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 TERM / ACRONYM                               DEFINITION
KB (also kB)        KiloByte is a unit of information or computer storage equal to
                    approximately 1,000 bytes or eight (8) bits.
LAN                 Local Area Network is the electronic communication of a
                    number of computers covering a local area, such as a single
                    building, group of buildings or home office.
LCIS                Lane County Information Systems, the organization within the
                    County that provides information technology support and
                    services to H&HS.
LCMH                Lane County Mental Health, refers to a unit within the
                    COUNTY that administers programs to help ensure community
                    access to assessment and treatment for individuals who
                    require psychiatric care for severe and persistent mental
                    illness and to provide crisis intervention to individuals who may
                    be in acute mental and emotional crisis.
LDAP                Lightweight Directory Access Protocol refers to a networking
                    protocol for querying and modifying directory services running
                    over TCP/IP.
Licensed Software   The computer Software and all representations, along with
                    documentation and manuals that are owned by the licensor
                    (Vendor) for use by the licensee (COUNTY).
Maintenance         Means both preventive and remedial maintenance.
Mandatory           The terms “must,” “shall,” “will,” “is required,” identify a
                    mandatory item or factor (as opposed to “desirable”). Failure
                    to meet a mandatory item or factor may result in the rejection
                    of the Vendor’s proposal.
MAPI                Messaging Application Programming Interface, implemented in
                    Microsoft Windows, allows client programs to become
                    electronic mail messaging enabled, messaging aware or
                    messaging based.
MDAC                Microsoft Data Access Components refers to a group of
                    Microsoft technologies that interact together as a framework
                    that allows programmers a uniform and comprehensive way of
                    developing applications for accessing almost any data store.
Mb                  Megabit is a unit of information storage equal to one (1) million
                    bits, which is equal to 125,000 bytes.
MB                  MegaByte is a unit of computer storage or information equal to
                    approximately one (1) million bytes.



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 TERM / ACRONYM                               DEFINITION
Open Source         Refers to a software program in which the source code is
                    available to the general public for use and/or modification from
                    its original design free of charge, i.e., open. Open source code
                    is typically created as a collaborative effort in which
                    programmers improve upon the code and share the changes
                    within the community. An example of open source software
                    applicable to this project would be a vendor that offers an open
                    source base solution free of charge but charges for certain
                    modules. Customization of the open source solution could be
                    achieved through participation within a collaborative
                    community.
PDA                 Personal Digital Assistants are handheld computing devices
                    with color screens and audio capabilities used as organizers,
                    calculators, clocks, calendars, mobile phones, computers,
                    accessing the Internet, sending and receiving e-mail, playing
                    computer games, viewing movies and listening to the radio, to
                    name a few.
PGP                 Pretty Good Privacy, a standard computer program for the
                    encryption and decryption of data.
PKI                 Public Key Infrastructure, an arrangement in cryptography that
                    provides for trusted third party vetting of, and vouching for,
                    user identities, allowing binding of public keys to users,
                    typically through certificates; usually carried out by software at
                    a central location together with other coordinated software at
                    distributed locations.
PMI                 Project Management Institute, a leading professional
                    association in project management. The PMI certifies
                    Professional Project Managers through education, training and
                    testing, and publishes project management best practices.
Procurement         The person or designee authorized by the COUNTY to
Manager             manage or administer a procurement requiring the evaluation
                    of competitive sealed proposals.
‘Proven’ Software   Software that has been in successful production operation in
                    private and/or public agencies for a minimum of five (5) years.
PST                 Pacific Standard Time




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 TERM / ACRONYM                                 DEFINITION
Public Domain         Refers to any software program that is not copyrighted.
                      Public-domain software is free and can be used without
                      restrictions. An example of public domain software applicable
                      to this project would be a solution developed by a like or
                      similar agency that has developed a solution that can meet all
                      of the H&HS mandatory requirements.
RAID                  Redundant Array of Independent Disks refers to a data
                      storage scheme using multiple hard drives to share or replicate
                      data among the drives.
Responsible Vendor    A Vendor who submits a responsive proposal and who has
                      furnished, when required, information and data to prove that
                      the financial resources, production, service facilities,
                      personnel, service reputation and experience are adequate to
                      make satisfactory delivery of the items of tangible personal
                      property and/or professional services described in the
                      proposal.
Responsive Proposal   An offer in a written proposal that conforms in all material
                      respects to the requirements set forth in the RFP. Material
                      respects of a RFP include, but are not limited to, price, quality,
                      quantity and/or delivery requirements.
RFP                   Request for Proposals means all documents, including those
                      attached or incorporated by reference, used for soliciting
                      proposals for tangible property and/or professional services.
RTT                   Round Trip Time (also Round Trip Delay Time) is the elapsed
                      time for transit of a signal over a closed circuit; the time
                      elapsed for a message to a remote place and back again.
SMTP                  Simple Mail Transfer Protocol is a relatively simple, text-based
                      protocol; the defacto standard for electronic mail transmissions
                      across the Internet.
Software              Computer programs, procedures, rules, and any associated
                      documentation pertaining to the operation of the Vendor’s
                      proposed system. The Software includes system interfaces
                      and conversion tools, as well as Vendor supplied third party
                      Software required for the maintenance or operation of the
                      proposed system.
SP                    Service Pack is a collection of updates, fixes and/or
                      enhancements to a software program delivered in the form of a
                      single installable package.




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 TERM / ACRONYM                                DEFINITION
SQL                 Structured Query Language is a computer language used to
                    create, modify, retrieve and manipulate data from relational
                    database management systems.
STD                 Sexually Transmitted Diseases, a clinic service within the
                    COUNTY Communicable Disease Program in Public Health.
STS                 Supervision and Treatment Services, provides ADO services.
System              System is the total of all software, products, equipment,
                    documents and hardware to be proposed or proposed to
                    be provided by Vendor to COUNTY to meet the
                    requirements outlined in the COUNTY request for
                    Proposal.
Task                A specific piece of work or activity.
TB                  Tuberculosis, a service within the COUNTY Communicable
                    Disease Program in Public Health.
TCP/IP              Transmission Control Protocol / Internet Protocol means the
                    set of five (5) communication layers, each of which solves a
                    set of problems involving the transmission of data over internal
                    networks and the Internet.
Technical Support   Means COUNTY or Vendor supplied software maintenance,
                    trouble shooting and correction, telephone support and similar
                    support services.
T1                  Digital Signal 1 (also known as T1) is a telecommunications
                    carrier signaling scheme devised by Bell Labs and used
                    across North America.
Training            Means end user training on the use of the proposed software,
                    including use of ad hoc reporting tools, as well as the training for
                    the COUNTY system administrator (s) and technical operational
                    training.
UPS                 Uninterruptible Power Supply is a supply of power to a
                    computer that includes a battery to maintain power in the event
                    of a power outage.
USB Flash Drive     Universal Serial Bus Flash Drives are compact, lightweight,
                    removable and rewritable data storage devices integrated with
                    a USB interface to personal computers, PDAs, portable Digital
                    Video Discs and media players; memory capacity ranges from
                    128 megabytes to 64 gigabytes and larger; small enough to be
                    carried around in a pocket; also called Thumb Drives.



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 TERM / ACRONYM                            DEFINITION
Vendor            Any person, corporation or partnership that chooses to submit
                  a proposal in response to this RFP.
Vendor Project    The individual assigned by the Vendor to work cooperatively
Manager           with the COUNTY Project Manager to manage the project.
WAN               Wide Area Network is the electronic communication of a
                  number of computers located across a broad geographical
                  area, e.g. all of Lane County.
WYSIWYG           What You See Is What You Get, (pronounced wiz-ee-wig)
                  describes a user interface for a computer system where
                  documents are represented by displaying a more-or-less
                  accurate image of the way the document will finally appear
                  when printed.




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          APPENDIX B.           DESCRIPTION OF COUNTY PROGRAMS

Following is a description of the COUNTY programs that will be supported by the new
Management Information System.

Public Health Programs and Services
The mission of Lane County Public Health is to preserve, protect and promote the health
of all people in Lane County. Our services are population based and span several
program areas. Two of the programs which will be included in the new management
information system are the following:

Communicable Disease Program
Within the Communicable Disease Program are the following services: adult and child
immunizations, sexually transmitted disease clinic, TB case management, HIV
counseling and testing, epidemiology and surveillance.

Immunizations. At the present time we provide one (1) half-day immunization clinic for
adults and children. This is a walk-in clinic providing all the required immunizations for
children and selected immunizations for adults. There are community-wide flu and
pneumonia shot clinics in October and November of each year.

Sexually Transmitted Disease (STD) Clinic. We provide two (2) one-half day clinics
on a drop-in basis. The clinic is staffed by nurses, a laboratory technologist and the
Disease Investigative Officer (who is a state health division employee).

Tuberculosis (TB) Case Management. The nursing staff provides TB case
management services, as well as twice a week go to the Mission (a homeless shelter) to
provide TB skin tests and to monitor status of possible TB at the shelter. The nursing
staff also works with others in the community who have active TB as well as those who
have had a positive TB skin test cut have not converted to TB.

HIV Counseling and Testing. The Community Services Workers (CSW 2) and clinic
nurses provide confidential and anonymous HIV counseling and testing services for
high-risk individuals on a drop-in basis primarily during the STD clinics. The CSW 2’s
also provide other times for counseling and testing for high-risk individuals as well as
coordination of the needle exchange program with HIV Alliance and specific outreach in
the community to reach high-risk populations in order to reduce the spread of HIV.

Epidemiology. The nursing staff takes reports of communicable diseases from
physicians and laboratories (these are primarily the reportable diseases per Oregon
Statute) and do the follow-up case investigation in order to determine contacts of those
with disease and to provide education and direction for the control of any spread of the
disease.


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                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




Maternal Child Health Program

The goal of the Maternal Child Health (MCH) program is to optimize pregnancy, birth,
and childhood outcomes for Lane County families through education, support, and
referral to appropriate medical and developmental services. MCH direct services for
pregnant and postpartum women and for young children and their families are provided
through the following program areas: Prenatal Access, Maternity Case Management,
Babies First, CaCoon, and Healthy Start.

Prenatal Access. The Prenatal Access program helps low income pregnant women
access early prenatal care. Program staff determines eligibility for Oregon Health Plan
(OHP) coverage during the perinatal period and directly assist with the completion and
submission of the OHP application and verification of coverage. The program helps
pregnant women schedule their first prenatal visit by providing prenatal health care
resource information.

Maternity Case Management. The Maternity Case Management program provides
ongoing nurse home visiting, education, and support services for high-risk pregnant
women. Community Health Nurses help pregnant women access and utilize needed
and appropriate health, social, nutritional, and other services during the perinatal period.

Babies First!. The Babies First! program provides nurse home visiting, assessment and
early identification of infants and young children who are at risk of developmental delays
and other health conditions. Nurses provide parental education regarding ways to help
their child overcome early delays, and they provide referral to appropriate early
intervention services.

CaCoon. The CaCoon program provides services for infants and children who are
medically fragile or who have special health or developmental needs by helping their
families become as independent as possible in caring for their child, and by helping
families access appropriate resources and services. CaCoon stands for Care
Coordination and is an essential component of services for children with special needs.
CaCoon provides the link between the family and multiple service systems and helps
overcome barriers to integrated, comprehensive care.




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                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




Developmental Disabilities (DD) Services
Developmental Disabilities Services (DDS) provides services and support for persons
with developmental disabilities who meet state-mandated eligibility guidelines. The core
service provided is case management. Key functions include protective services for
adults, information and referral, service coordination and crisis resolution. Currently,
DDS provides case management for approximately 1,500 individuals. In addition to
case management services, DDS administers a family support program and a foster
program for children and adults. DDS also manages a subcontracted system of
residential and employment services, protective services for adults, and a quality
assurance program.

Individuals who qualify may enter DD services as children or adults. It is common for a
person to be in services for their lifetime. General categories of services are known as
“service elements”. Each service element has a separate funding stream with rules and
restrictions that guide the County’s use of the funds. Lane County subcontracts most
service element funding to community service providers.

DD requires a system that tracks individual demographic information, eligibility status,
service enrollments, and other program-related data. Case managers require a system
that alerts them to required tasks and timelines related to individuals on their case loads
as well as tracking individual service plans, guardianship, progress notes and monthly
contacts. In addition, we require a system that tracks community service provider
information such as address, licensing status, capacity, current enrollments, rates, etc.

A fundamental difference between DD and other H&HS departments is that DD does not
bill for any service. The State of Oregon is the sole source of funding for DD services.
DD does not provide any medical, psychological, or pharmaceutical services. Case
managers are not medical service workers and do not diagnosis illnesses or prescribe
medication.

Services provided or contracted through DD Services include:
    Case management
    Employment services
    Residential services including adult and children’s foster homes and adult 24-
       hour group homes, semi-independent and support-living programs
    Transportation
    Day programs for person’s in nursing homes
    Family support assistance to families with children with disabilities
    Crisis intervention services
    Comprehensive in-home support to families with children and adult family
       members with developmental disabilities and intensive service needs
    Quality assurance




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                                                                     Lane County Oregon
                                                                       RFP # H&HS.20277
                                                                 Issued: January 23, 2007




Lane County Mental Health (LCMH) Programs and Services
LCMH provides mental health services to approximately 1,600 clients annually. The
program includes many distinct programs, each serving a unique group of Lane County
clients.

Adult Mental Health Services
The mission of the Adult Mental Health Program is to provide community access to
assessment and treatment for individuals who require psychiatric care for severe and
persistent mental illness and to provide crisis intervention to individuals who may be in
acute mental and emotional crisis. The Adult Clinic provides long-term case
management services, brief and long term therapy in conjunction with psychiatric care
involving the prescribing of medication. The Clinic also provides psychiatric hospital
aftercare. The Adult Mental Health program is the community's safety net providing
essential services to individuals unable to access services in the private sector. The goal
in each individual's case is prudent use of public resources while providing treatment
necessary for an eventual successful return to other services and support systems
available in the community. While the overall goal of the Adult Mental Health Program is
to stabilize individuals, support full recovery, and return them to community resources,
program philosophy acknowledges that major mental illnesses can be life-long and
chronically debilitating. Therefore it is recognized that in some cases, the community and
the individual will both be best served by on-going services in the Adult Mental Health
Program.

The adult program provides services to approximately 1,200 clients annually. It has
approximately 11 full time and 7 part time clinicians in addition to 3 full time and 2 part
time MD/NPs.

Child and Adolescent Services
Child Mental Health Outpatient Services (CABHS) provides crisis and routine mental
health evaluations, crisis stabilization, case management, psychiatric evaluation,
medication management and consultation for Lane County youth ages 3-18 with
moderate to severe mental, emotional and behavioral difficulties. Oregon Health Plan
Medical Card is accepted. Private commercial insurance plans are referred to the
private sector for services.

The first appointment is with a Master’s level clinician/case manager who will conduct an
initial Mental Health Assessment. All youth who receive psychiatric services are
assigned a clinician/case manager who will coordinate appropriate community based
care and work closely with the Child and Adolescent Behavioral Health Services
(CABHS) psychiatrist or psychiatric nurse practitioner. As a child’s emotional, mental or
behavioral difficulties stabilize, CABHS makes every effort to return medication
management services to the Primary Care Provider. CABHS coordinates medical and
mental health care with other health and mental health professionals.




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                                                                     Lane County Oregon
                                                                       RFP # H&HS.20277
                                                                 Issued: January 23, 2007




The child program provides services to approximately 300 clients annually. It has
approximately 8 full time clinicians in addition to 1 full time and 3 part time doctors/nurse
practitioners.

Transition Team
The transition team provides short-term crisis intervention services to adults at imminent
risk of psychiatric hospitalization. The Transition team provides psychiatric and psycho-
social assessment services, active treatment planning and case management, and
medication management services.

The transition team provides services to approximately 80 clients annually with 5 full
time clinicians and 1 full time MD.

Residential Programs
Many individuals who may be experiencing a transient or chronic mental disturbance
may be faced with homelessness or substandard living conditions. Some individuals in
treatment may benefit from a highly structured living arrangement. Lane County Mental
Health can assist consumers of mental health services in gaining access to a variety of
residential services and housing options. Community residential services include foster
care, group homes, long term housing, independent living and crisis respite. Lane
County Mental Health residential staff often serve as gatekeeper for these resources and
provide support to housing programs managed by other community agencies. The
residential team monitors placements and openings in existing housing programs.
Lane County Mental Health assistance in accessing residential services is primarily
available for consumers who are actively engaged in treatment with Lane County as a
service provider. Costs vary for each living situation and methods of payment likewise
may vary. There is usually state support for these housing options.

Civil Commitment
Oregon law allows for the involuntary hospitalization of individuals who are deemed to
have a mental disorder and who may be dangerous to themselves, dangerous to others
or unable to care for their basic personal needs. Additionally, based on an individual’s
history of multiple recent hospitalizations civil commitment could be considered.
Civil commitment requires two petitioners to complete an affidavit describing the
allegedly mentally ill individual’s symptoms and behavior that is required by the Oregon
statutes. A worker from Lane County Mental Health will assist with the petitioning
process and guide the commitment process through the circuit court. If an individual is
civilly committed he or she is placed under the supervision of the state mental health
division for a period of time not to exceed 180 days.




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                                                                    Lane County Oregon
                                                                      RFP # H&HS.20277
                                                                Issued: January 23, 2007




Supervision and Treatment Services
Alcohol, Drug and Offender Programs (Methadone, Sex Offender, Driving While
Under the Influence of Intoxicants (DUII) / Corrections Evaluations)
The Alcohol, Drug and Offender (ADO) Program provides a variety of services to
individuals and families affected by alcohol or other drug abuse, and to those who are
mandated by the criminal justice system to receive evaluation or treatment related to
their offenses. These services are grouped into three program areas: methadone
treatment, sex offender treatment, and DUII and other corrections evaluations.

The Lane County Methadone Treatment Program provides outpatient chemical
dependency treatment for adults with opiate addictions. The primary goal of treatment is
to eliminate illicit substance use. This usually stops the criminal behaviors used to
maintain the patient’s opiate addiction. On-going treatment goals include addressing
physical health problems; developing basic living skills; improving self-image, coping
skills, and relationships; and developing productive use of time and skills for recovery.
The program also seeks to reduce the spread of communicable diseases, such as HIV.
The overall goal of treatment is recovery from addiction to all substances and improved
quality of life.

The Sex Offender Treatment Program treats convicted adult sex offenders, male and
female, who are on supervised probation, parole, or post-prison supervision. Clients are
referred by their probation or parole officer. The mission of this program is to promote
community safety and prevent further sexual abuse through the treatment of sex
offenders. Sex offenders in treatment learn new concepts and skills to prevent re-
offending. The program also emphasizes restitution, which requires that offenders
accept full responsibility for their abuse, and repair the damage they have caused to
victims. As part of treatment, offenders identify all individuals they sexually abused, and
make restitution to those individuals, either directly or indirectly, depending on the
victims’ preferences.

The DUII/Corrections program provides mental health and substance abuse services to
offenders who are supervised by the courts, or by Lane County Parole and Probation.
Clients served include those charged with DUII, domestic violence, drug possession,
harassment, assault, and other charges. The program provides client evaluations and
treatment referrals. The client’s progress in treatment is monitored and reported to the
court or the probation or parole officer. All clients must be referred either by a court or
by the parole officer.




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                                                                   Lane County Oregon
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                                                               Issued: January 23, 2007




Substance Abuse Prevention Program
The purpose of the prevention program is to promote and coordinate effective
community-based prevention strategies aimed at creating healthier communities,
particularly in the areas of substance abuse, problem gambling, and suicide prevention.
The program supports multiple strategies, targeting efforts prenatally, in early childhood,
in adolescence, and for the larger community. There is a need to collect data on
universal prevention strategies, such as media campaigns, community/classroom
presentations, and support for grassroots community coalitions. This data is primarily
about types and dates of activities, number of people reached, and sometimes
responses to evaluation questionnaires. Additionally, the program implements more
targeted strategies, such as parenting education, or youth prevention education. These
activities would require some more detailed demographic information about participants,
dates of program attendance, and some pre and post intervention data, primarily
reflected through responses to questionnaires.

The prevention program is required by state funders to enter data into the Minimum Data
Set system, developed through the federal Centers for Substance Abuse Prevention,
and supported by the Oregon Department of Human Services.




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                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




Community Health Centers of Lane County
Established as a federally qualified health center in 2003, Community Health Centers of
Lane County (CHCLC) operates as a multi-site health centers at eight locations.
CHCLC is an initiative of the Human Services Commission of Lane County (HSC), a
division of the Department of Health and Human Services. Its mission is to develop
services for those who have limited or no access to basic health care. HSC was
established in 1972, as an intergovernmental regional health and human service that
coordinates anti-poverty services in Lane County.
CHCLC has become a significant provider of culturally and linguistically appropriate
primary medical care, behavioral health and preventive dental services primarily in the
Eugene/Springfield area of Lane County. CHCLC has over 10,000 active patients and
delivers over 25,000 encounters per year.
Services include:
      Integrated primary and behavioral health services.
      Dental screenings, fluoride varnishing, and dental sealants for young children.
      Health care for underserved children at three high school based health centers.
      Outreach, heath care, and housing for youth and people with multiple diagnoses
Services are designed to provide easily accessed care in comfortable settings suitable
for the populations we serve. CHCLC operates at eight sites including the RiverStone
Clinic, the Springfield Schools Health Center, Eugene School District’s Churchill High
School, and Opportunity Center alternative school and the Safe & Sound Homeless
Youth program providing services co-located at the Looking Glass New Roads Day
Access and the Station 7 Shelter programs,. This year CHCLC will be co-locating
primary care services at Lane County Mental Health and HIV Alliance.
In addition to providing health care to low income people, CHCLC has a particular focus
on addressing the health disparities and needs of the Latino population and the
homeless youth population. Services are provided through bicultural, bilingual staff and
use of youth-friendly staff and locations.
Staff provide high quality medical, behavioral health and other social services to a
diverse group of individuals, the majority of whom are poor, underinsured, homeless,
mentally ill, and non-English speaking. Approximately 25% of the CHCLC patient
population does not speak English as their first language and 14% are best served in
another language. Fifty-nine percent of those visits are to uninsured patients.
CHCLC has 58 FTE employees, and 20 temporary and locum employees providing
health care. The staff includes medical, dental and mental health providers, health care
and behavioral health professionals, health care education and prevention staff, and
support staff.




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                                                                 Lane County Oregon
                                                                   RFP # H&HS.20277
                                                             Issued: January 23, 2007




H&HS Administration
The administration provides billing support for Mental Health, Alcohol & Drug, and Public
Health services. Billing support includes inputting client financial and insurance
information obtained from fee agreements completed at the program, billing the
appropriate insurance provider or the client for services received, and managing
accounts receivables related to billing (aging report).

Additionally, administration is responsible for table management of the billing software.
This includes adding new services, new staff, adding/updating billing codes and fee
changes for Mental Health, Alcohol & Drug, Public Health, and Developmental
Disabilities.

Administration also manages the money management account for mental health clients
who have chosen Lane County as their representative payee.




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                                                                Lane County Oregon
                                                                  RFP # H&HS.20277
                                                            Issued: January 23, 2007




        APPENDIX C.           ACKNOWLEDGEMENT OF RECEIPT OF RFP
                             RFP # H&HS.20277 for an
                 Electronic Data Collection and Reporting System
                     ACKNOWLEDGEMENT OF RECEIPT FORM
In acknowledgement of receipt of this Request for Proposal, the undersigned agrees that
he/she has received a complete copy, beginning with the Title Page and Table of
Contents, and ending with Appendix J.
This Acknowledgement of Receipt should be signed and returned to the Procurement
Manager no later than 5:00 pm Pacific Standard Time on February 8, 2007. Only
Vendors who elect to return this form completed with the intention of submitting a
proposal will receive copies of all Vendor written questions and the COUNTY’s written
responses to those questions, as well as RFP amendments, if any are issued.

COMPANY NAME:______________________________________________________

REPRESENTED BY:_____________________________________________________

TITLE:__________________________________ PHONE NO.:___________________

E-MAIL:_________________________________ _____________________

ADDRESS:____________________________________________________________

CITY: _____________________________ STATE: _______ ZIP CODE:___________

SIGNATURE: _____________________________________ DATE:______________
This name and address will be used for all correspondence related to the Request for
Proposal and be used when distributing the written responses to questions and any RFP
amendments. Written responses to questions and any RPF amendments will also be
available on the COUNTY website at http://www.lanecounty.org/hhs
[Also see Sections 1.4 Procurement Library and 4.2.2 Procurement Distribution List
Response Deadline]

Return this form to the Procurement Manager:
      Julie Losco, Lane County Health and Human Services Department
      125 East Eighth Avenue
      Eugene, OR 97401-2926
      FAX       541-682-3804
      E-mail    julie.losco@co.lane.or.us


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                                                                   Lane County Oregon
                                                                     RFP # H&HS.20277
                                                               Issued: January 23, 2007




             APPENDIX D.           SAMPLE LANE COUNTY CONTRACT
                                  LANE COUNTY

       PURCHASE CONTRACT No. _____________

       PLEASE PUT THIS NUMBER ON ALL INVOICES

In consideration of the covenants set forth below, _________________________,
hereinafter referred to as Vendor, and Lane County, a political subdivision of the State of
Oregon, hereinafter referred to as COUNTY, mutually contract as follows:

C-1.   Agreement: Vendor agrees and covenants with COUNTY to furnish: an
       electronic data collection and reporting system for COUNTY programs and
       services as defined in RPF No. 20277, as modified by addenda and/or
       supporting Exhibits, and the Vendor’s Proposal. The Purchase Contract and all
       of the exhibits constitute the Contract documents.

C-2.   Order of Precedence: In the event of conflict or discrepancies among the
       contract documents, interpretations will be based on the following order of
       priority:

       a.   The purchase contract, etc.;
       b.   HIPAA Business Associate Agreement;
       c.   RFP Section 7.5, Required Insurance Coverage
       d.   Mutual Non-Disclosure Agreement;
       e.   software license agreement;
       f.   maintenance agreement;
       g.   The COUNTY’S Request for Proposal;
       h.   The VENDORS’S Proposal in response to the RFP

C-3.   General: The COUNTY certifies that it is purchasing this product for public
       agency use. The COUNTY certifies that the acquisition is not for remarketing,
       and that it will not assign the on-order product to any party other than Vendor or
       a Vendor affiliate without written consent of the Vendor, which shall not
       unreasonably be withheld. The COUNTY reserves the right to sign any
       agreement that is deemed to be beneficial to the COUNTY.

C-4.   Contract Period: Contract period shall be the date this Contract is signed to the
       last day of any applicable warranty period. For COUNTY’s internal purposes
       only, the contract period shall be for three years from the contract execution date.
       However, Vendor shall agree to extend this period as necessary for completion
       of the entire implementation and all applicable warranty periods.



                                            91
                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




C-5.   Cost and Payments: The Contract price is $___________ and is a firm fixed
       price as reflected in the cost section of the proposal.

       The contract payment schedule will be dependent upon approved completion
       and acceptance for firm fixed price deliverables. Invoices must be specific to
       defined deliverables, and must be submitted with backup that confirms the
       deliverable, its acceptance and its contract value.
C-6.   Production Acceptance and Performance Period: Following implementation
       and successful prerequisite acceptance testing (including pilot installation) and
       prior to final production acceptance of proposed solution, a formal performance
       period will commence. Promptly, upon successful completion of the applicable
       production acceptance testing and performance period as may be modified by
       any mutual written agreement thereafter, COUNTY shall notify Vendor in writing
       of final production acceptance of the system and authorize Vendor to submit an
       invoice for payments according to contract terms.

       If the production acceptance tests are not successfully completed within thirty
       (30) calendar days of the acceptance test start date, or the performance period is
       not completed within thirty (30) calendar days of the performance period start
       date, and failure is attributed to products or work completed by Vendor, COUNTY
       shall have the option of terminating the contract, as specified in this contract,
       Subsection C-41B, Termination by COUNTY for Cause, and retaining all
       contractual remedies against Vendor, or of authorizing Vendor in writing to
       continue the performance period, specifying the new deadline, or of authorizing
       Vendor to proceed with redefined responsibilities and associated renegotiated
       costs. The COUNTY’S option to terminate the contract shall remain in effect until
       such time as successful completion of the standard of performance is attained.
       Vendor shall be liable for all outbound preparation and shipping costs for
       contracted items returned under this clause.

C-7.   Security and Vendor’s Personnel: Vendor shall exercise due care to choose
       and manage its personnel so that only suitably responsible and professionally
       competent representatives shall be operating in COUNTY areas. Any Vendor’s
       personnel who could have access to sensitive information, whether or not they
       are working on COUNTY premises, shall successfully complete a criminal
       records check including fingerprint-based identification, conducted by COUNTY
       or its designee at the COUNTY’S sole expense. Vendor must supply
       biographical information if required or requested by the COUNTY for criminal
       records checks initially and throughout the entire contract, warranty, and
       maintenance periods, whether such person is engaged by the Vendor, any sub-
       contractor, or any supplier under the contract. Any project delay that is a direct
       result of COUNTY’S criminal records check task, provided that biographical and
       other information needed for the background check is delivered to COUNTY in a
       timely manner, shall not be considered the Vendor’s responsibility. Vendor’s



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                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




       personnel are required to follow any applicable internal COUNTY security
       policies and procedures.

C-8.   Right to Interface: COUNTY shall have the right to connect the products for
       which it has contracted under this Agreement to any product or software
       developed internally, manufactured or supplied from other sources, including, but
       not limited to, computer software, peripheral equipment, other computers,
       communications equipment, mobile devices, and like equipment. The County’s
       internal staff or other source supplying the other equipment or software
       mentioned above shall make or supervise the interconnection and supply any
       interface devices required.

       The following Warranty exclusions may apply with issues involving COUNTY
       interfaces: (i) defects or damage resulting from use of the Vendor Software in
       other than its normal and customary manner; (ii) defects or damage occurring
       from misuse, accident, liquids, neglect, or acts of God; (iii) defects or damage
       occurring from testing, maintenance, disassembly, repair, installation, alteration,
       modification, or adjustment not provided by the Vendor or contrary to express
       instructions provided in writing by the Vendor; (iv) defects or damage caused by
       COUNTY’S failure to comply with all applicable industry and OSHA standards.
       COUNTY may request, but Vendor is not required to repair any damages caused
       by COUNTY’S actions under this section. This work will be quoted
       independently of any existing contract between the COUNTY and Vendor, but
       may be at the same time and material rates quoted in any existing maintenance
       contract or those rates then in effect.
       Such alterations or attachments shall be removed and the product restored to the
       prior configuration at COUNTY expense before return of the product by
       COUNTY.

C-9.   Confidential Information: The parties' agreement concerning confidentiality
       applicable to this procurement contract shall be in substantial conformity with the
       terms of the attached Mutual Non-Disclosure Agreement and confidentiality
       obligations of the attached Software License agreements.

C-10. Patent And Copyright Infringement: Vendor will defend at its expense any suit
      brought against COUNTY to the extent that it is based on an Infringement Claim
      that the Vendor software infringes a United States patent or copyright. Vendor
      will indemnify COUNTY for those costs and damages finally awarded against the
      COUNTY for an Infringement Claim. Vendor’s duties to defend and indemnify
      are conditioned upon: (i) COUNTY promptly notifying Vendor in writing of such
      Infringement Claim; (ii) Vendor having sole control of the defense of such suit
      and all negotiations for its settlement or compromise; (iii) COUNTY providing to
      Vendor cooperation and, if requested by Vendor, reasonable assistance in the
      defense of the Infringement Claim. If COUNTY reasonably concludes that its
      interests are not being properly protected, or principles of governmental or public
      law are involved, it may enter any action, at its own expense. Any settlement by


                                           93
                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




       the COUNTY with the party alleging such infringement shall not be binding on the
       Vendor and the Vendor shall be under no obligation to pay or indemnify the
       COUNTY.

       If the Vendor software becomes, or in Vendor’s opinion is likely to become, the
       subject of an Infringement Claim, Vendor may at its option and expense procure
       for COUNTY the right to continue using such Software, replace or modify it so
       that it becomes non-infringing while providing functionally equivalent
       performance, or grant COUNTY a credit for returned software equal to the
       reasonable replacement costs of the software, such software as depreciated and
       accept its return. In addition, Vendor shall refund any license fees paid by
       COUNTY, on a pro rata basis, and refund any prepaid amounts for service or
       software not yet provided. The depreciation amount will be calculated based
       upon generally accepted accounting standards for such equipment and software.
       The COUNTY may also invoke additional remedy steps as specified in this
       contract, Subsection C-41, Termination.

       Vendor will have no duty to defend or indemnify for any Infringement Claim that
       is based upon (i) the combination of the equipment or software with any software,
       apparatus or device not furnished by Vendor; (ii) the use of ancillary equipment
       or software not furnished by Vendor and that is attached to or used in connection
       with the equipment or software; (iii) any Equipment that is not Vendor’s design or
       formula; (iv) a modification of the Vendor Software by another party without
       Vendor’s approval; or (v) the failure by COUNTY to install an enhancement
       release to the Vendor Software that is intended to correct the claimed
       infringement. The foregoing states the entire liability of Vendor with respect to
       infringement of patents and copyrights by the Equipment and Vendor Software or
       any parts thereof.

C-11. Title and Risk of Loss: Title to Software will not pass to COUNTY at any time.
      Risk of loss will pass to COUNTY upon delivery of the Software and Equipment
      to the COUNTY.

C-12. Preservation of Vendor’s Proprietary Rights and County Rights to Media
      and Data: Vendor owns and retains all of its Proprietary Rights to the software.
      The copyright owner of any Non-Vendor Software own and retain all of their
      Proprietary Rights. COUNTY owns title to the physical media for the software as
      well as all data entered into software. All intellectual property that is created or
      produced by Vendor under this Agreement is and shall remain the property of
      Vendor. Nothing in this Agreement is intended to restrict the Proprietary Rights
      of Vendor, any copyright owner of Non-Vendor Software, or any third party
      manufacturer of Equipment. This Agreement does not involve shared
      development rights of intellectual property or any Software that is a “work made
      for hire.”




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                                                                  Lane County Oregon
                                                                    RFP # H&HS.20277
                                                              Issued: January 23, 2007




       Except as explicitly provided in this contract, Subsection C-13, License of
       Software, nothing in this Agreement will be deemed to grant, either directly or by
       implication, estoppels, or otherwise, any of Vendor’s Proprietary Rights.
       Concerning both the Vendor Software and the Non-Vendor Software, COUNTY
       agrees not to modify, disassemble, peel components, decompile, otherwise
       reverse engineer or attempt to reverse engineer, derive source code or create
       derivative works from, reproduce (except as provided in this contract, Subsection
       C-14, Warranties and the Agreement for Maintenance Services), or export the
       Software, or permit or encourage any third party to do so.

C-13. License of Software. The parties' agreement concerning a software license
      agreement shall be in substantial conformity with the attached Software License
      Agreement (see Appendix F of the RFP).

C-14. Warranties. Vendor warrants that the products and equipment that are defined
      as Vendor’s responsibilities, when installed will be in good working order and will
      conform to the Vendor’s official published specifications and the technical
      specifications of the RFP, Section 6.2.

       The start of the warranty period is upon final production acceptance after
       successful completion of the performance period.

       The Vendor Software is warranted during the Warranty Period in accordance with
       the applicable limited warranties shown below. COUNTY must notify Vendor in
       writing if Vendor software or equipment does not conform to these warranties no
       later than one month after the expiration of the Warranty Period. Upon receipt of
       such notice, Vendor will respond to the warranty claim. If this response confirms
       a valid warranty claim, Vendor will (at its option and at no additional charge to
       COUNTY) repair the defective Vendor software or equipment, replace it with the
       same or equivalent, or refund the price of the defective Vendor software or
       equipment; and such action will be the full extent of Vendor’s liability hereunder.
       Repaired or replaced product or equipment is warranted for the balance of the
       original applicable Warranty Period. All replaced products or parts will become
       the property of Vendor. Vendor shall also provide to COUNTY all available
       warranties for third party products or equipment included in Vendor’s Proposal.

       Vendor software and equipment is warranted at no charge to the COUNTY for
       one year following completion of the performance period for production use in
       accordance with the terms of this contract, Subsection C-14, Warranties. After
       the expiration of this period, COUNTY may obtain maintenance and support
       services. Maintenance charges, as defined in the contract shall not begin until
       the date of expiration of warranty period.

       These warranties do not apply to: (i) defects or damage resulting from use of the
       Vendor software or equipment in other than its normal and customary manner;
       (ii) defects or damage occurring from misuse, accident, liquids, neglect, or acts of


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       God; (iii) defects or damage occurring from testing, maintenance, disassembly,
       repair, installation, alteration, modification, or adjustment not provided or
       authorized in writing by Vendor; (iv) defects or damage caused by COUNTY’S
       failure to comply with all applicable industry and OSHA standards.
C-15. Product Support: Vendor guarantees availability of long-term product support
      (availability of equipment and software maintenance service and upgrades) for all
      equipment and software leased or acquired under this contract for a minimum
      period of three (3) years following the date the Vendor provides written
      notification to the COUNTY that the equipment or software is out of production.

C-16. Source Code: Vendor will release the source code of the system to COUNTY
      under the following conditions. However, title to the source code will not pass to
      the COUNTY at any time.

       a. Entry of an order for relief under Title 11 of the United States Code; an
          assignment by Vendor for the benefit of its creditors; the appointment of a
          receiver or trustee in bankruptcy of Vendor’s business or property; or action
          initiated by Vendor or a third party under state law involving Vendor’s
          insolvency or the protection of or from its creditors; and the same has not
          been rescinded, discharged or terminated within thirty (30) days unless there
          would be prejudice to the COUNTY’S rights or interests under this agreement
          allowing this grace period. If there would be such prejudice, COUNTY shall
          be provided the source code immediately upon the occurrence of any of the
          above events.

       b. Vendor has ceased its business operations, or the sale, licensing,
          maintenance or other support of the software.

       c. Vendor shall provide written notice to COUNTY, within a reasonable time, if
          any of the events in parts (a.) or (b.) in this section has occurred.

C-17. Independent Vendor: The performance of this contract is at the Vendor’s sole
      risk. The service or services to be rendered under this contract are those of an
      independent Vendor who is not an officer, employee or agent of the COUNTY as
      those terms are used in ORS 30.265. Notwithstanding the Oregon Tort Claims
      Act or provisions of any other contract, the Vendor is acting as and assumes
      liability of an independent contractor as to any claims between COUNTY and the
      Vendor. The Vendor is solely liable for any workers' compensation coverage;
      social security, unemployment insurance or retirement payments; and federal or
      state taxes due as a result of payments under this contract. Any subcontractor
      hired by the Vendor shall be similarly responsible.

       The parties will be acting in their individual capacities and not as agents,
       employees, partners, joint-ventures, or associates of one another. The
       employees or agents of one party shall not be deemed or construed to be


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       employees or agents of the other party for any purpose whatsoever. Nothing in
       this Agreement shall be interpreted as granting either party the right or authority
       to make commitments of any kind for the other. This Agreement shall not
       constitute, create, or in any way be interpreted as a joint venture, partnership or
       formal business organization of any kind.

C-18. Vendor not Federally Employed, Fair Charges: Vendor is not currently
      employed by the Federal government, and the amounts charged will not exceed
      the normal charges for the type of services provided.

C-19. Worker’s Compensation: The Vendor, its sub-contractors and agents, and all
      employers working under this contract are either subject employers under the
      Oregon Worker's Compensation law and shall cover all subject workers pursuant
      to ORS 656.017, or be exempt under ORS 656.126. As a covered employer,
      Vendor shall provide Worker’s Compensation benefits to workers performing
      work under this contract in accordance with Oregon law. Vendor shall require its
      sub-contractors and agents to comply with this law.

C-20. Free From Tax Law And Discrimination Violations: By execution of this
      contract, Vendor certifies under penalty of perjury that:

       a. To the best of Vendor’s knowledge, Vendor is not in violation of any tax laws
          described in ORS 305.380(4); and

       b. Vendor has not discriminated against minority, women, or small business
          enterprises in obtaining any required subcontract.

C-21. Employment Taxes and Workers’ Compensation Payments: Vendor is an
      independent Vendor and shall be responsible for any and all taxes or Workers'
      Compensation payments due as a result of this contract. Any sub-contractor or
      agent hired by Vendor shall be similarly responsible.

C-22. Taxes - Federal and Local: COUNTY will not be responsible for any taxes
      coming due as a result of this agreement, whether federal, state, or local. It is
      agreed that the Vendor has anticipated these taxes and included them in the
      proposal.

C-23. Safety Requirements: Equipment, software and services shall comply with all
      Federal Occupational Safety and Health Administration (OSHA) and State of
      Oregon Electrical Safety Code requirements. Vendor shall also comply with all
      other applicable state and local code requirements.

C-24. Governing Law: The laws of the State of Oregon shall govern the validity,
      construction and enforcement of this Contract, as well as the interpretation of the
      parties’ rights and duties without reference to conflicts of laws. The parties
      expressly agree that any action or proceeding involving the terms and conditions


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       of this contract must be brought in the appropriate court of the State of Oregon
       for Lane County.

       Each party will comply with all applicable federal, state, and local laws,
       regulations and rules concerning the performance of this Agreement.

       The Vendor agrees that, during the performance of work under this contract, it
       will comply with all applicable provisions of the administrative rules, laws and
       constitution of the State of Oregon, and all applicable local rules, regulations, and
       ordinances of cities, counties, municipalities, and local taxing districts.

       Vendor further agrees to comply with the Civil Rights Act of 1964 (78 Stat. 252),
       the Regulations of the Department of Health and Human Services issued
       according to that Act, and provisions of Executive Order 11246, Equal
       Employment Opportunity, dated September 24, 1965, as amended. Vendor shall
       certify the existence of the Vendor’s own equal employment opportunity
       programs in all non-exempt contracts between the Vendor and the COUNTY as
       provided in Title I, Part 60 of the Code of Federal Regulations.

C-25. Lane Manual: The applicable provisions of the Lane Manual setting forth
      standard provisions for public contracts are hereby incorporated by this reference
      as set forth Lane Manual, Chapter 21.130, Standard Contract Provisions.

C-26. Prime Vendor Responsibilities: Unless otherwise stated in the RFP and this
      contract, Vendor shall assume responsibility for delivery, installation and
      configuration, (unless the item is usually customer installed, and COUNTY is so
      notified in the proposal), and warranty and maintenance service of all software,
      and support services offered in the proposal, regardless of whether Vendor is the
      Vendor or the manufacturer, producer, or supplier of the equipment, software, or
      support services. A contract will be awarded to the prime Vendor or Vendors. If
      the prime Vendor is not capable of providing all goods or services, it is the prime
      Vendor’s sole responsibility to form alliances with other firms to meet the
      requirements of the RFP. The prime Vendor will be responsible for performance
      of all involved parties. The COUNTY reserves the right to approve
      subcontractors and any changes after the award of the contract.

C-27. Insurance:

       a. Insurance and Bonding: Vendor shall provide all insurance as stipulated in
           this PART, INSURANCE COVERAGES REQUIRED.

       b. Certificate of Insurance: As evidence of the insurance coverage required by
           this contract, the Vendor shall furnish a certificate of insurance to:




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               LANE COUNTY
               Information Services Department
               125 E. 8th Avenue
               Eugene, OR 97401-2926

            This certificate must specify as Additional Insured: State of Oregon, Lane
            County, its commissioners, agents, officers and employees with respect to
            the activities performed under this contract and must include a notice
            provision regarding cancellation. Insurance coverage required under this
            contract shall be obtained from insurance companies authorized to do
            business in the State of Oregon. If Vendor is self-insured under the laws of
            the State of Oregon, Vendor shall provide appropriate declarations of
            coverage.

       c.   Continuation of Coverage: There shall be no cancellation, material change,
            reduction or exhaustion of aggregate limits, or intent not to renew insurance
            coverage without Vendor providing ten (10) days written notice to COUNTY.
            Should any policy be canceled before final payment by Lane County to
            Vendor and should Vendor fail to immediately procure other insurance as
            specified, Lane County reserves the right to procure such insurance and to
            deduct the cost thereof from any sum due Vendor under this contract.

       d. Responsibility for Payment of Damages: Nothing contained in these
            insurance requirements is to be construed as limiting the extent of the
            Vendor’s responsibility for payment of damages resulting from Vendor’s
            operation under this contract.

C-28. Indemnity: Vendor agrees to indemnify, defend, and hold COUNTY, its
      Commissioners, agents, officers, and employees harmless from all damages,
      losses and expenses including but not limited to attorney fees and to defend all
      claims, proceedings, lawsuits, and judgments arising out of or resulting from the
      negligence or wrongful misconduct of Vendor, its subcontractors, employees or
      agents in performing or failing to perform obligations covered by this agreement.
      COUNTY shall give Vendor prompt, written notice of any such claim, proceeding
      or suit and shall reasonably cooperate with Vendor in its defense or settlement of
      such claim or suit. Vendor shall not be required to indemnify the COUNTY to the
      extent the damage, loss or expense is caused by the COUNTY’S negligent or
      wrongful misconduct.

C-29. Intentionally omitted.

C-30. Force Majeure: Neither party will be liable for its non-performance or delayed
      performance if caused by a Force Majeure, meaning an event, third-party, or
      circumstance that is beyond a party’s reasonable control, such as an act of God,
      an act of the public enemy, an act of the government, strikes or other labor
      disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war,


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       riots, quarantine restrictions, unusually severe weather or any other similar
       cause. In every case of Force Majeure, the delay must be beyond the control
       and without the fault or negligence of the Vendor or the COUNTY. If the delays
       are caused by the default of a sub-contractor, and if such default rises out of
       causes beyond the control of both the Vendor and its sub-contractor, and without
       the fault or negligence of any of them, the Vendor will not be liable for non-
       performance or delays, unless the supplies or services to be furnished by their
       sub-contractors were obtainable from other sources in sufficient time to permit
       the Vendor to meet the required schedule.

       Each party will notify the other if it becomes aware of any Force Majeure that will
       significantly delay performance. The notifying party will give such notice
       promptly after it discovers the Force Majeure. If a Force Majeure occurs, the
       parties will execute a change order to extend the Performance Schedule for a
       time period that is reasonable under the circumstances.

C-31. Limitation of Liability: Except for indemnification amounts for patent and
      copyright infringement, for personal injury, death, or property damage to the
      extent caused by Vendor, Vendor’s total monetary liability, whether for breach of
      contract, warranty, negligence, strict liability in tort, indemnification, or otherwise,
      will be limited to the direct damages recoverable under law, but not to exceed the
      contract amount. Any liability of the COUNTY shall be limited to the lesser of the
      following amounts: this contract amount, Oregon Tort Claims Act limitations, or
      Oregon Constitution, Article XI, Subsection 10, Limitations. ALTHOUGH THE
      PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
      DAMAGES, THEY AGREE THAT NEITHER PARTY WILL BE LIABLE FOR ANY
      COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD
      WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
      INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY
      RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE
      OF SOFTWARE, OR THE PERFORMANCE OF OBLIGATIONS BY EITHER
      PARTY PURSUANT TO THIS AGREEMENT. This Limitation of Liability will
      survive the expiration or termination of this Agreement. No action for breach of
      this Agreement or otherwise relating to the transactions contemplated by this
      Agreement may be brought more than two years after the accrual of such cause
      of action.

       Vendor is not an officer, employee, or agent of COUNTY as those terms are
       used in ORS 30.265. Public liability and property damage insurance will be
       required if so specified in the RFP, Section 7.5, Required Insurance Coverage,
       and in accordance with the requirements set forth therein.

C-32. Waiver: Failure or delay by either party to exercise any right or power under this
      Agreement will not operate as a waiver of such right or power. For a waiver of a
      right or power to be effective, it must be in writing signed by the waiving party.
      An effective waiver of a right or power shall not be construed as either (i) a future


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       or continuing waiver of that same right or power, or (ii) the waiver of any other
       right or power.

C-33. Non-Assign: This Contract shall not be sub-contracted or assigned without the
      prior written consent of all parties hereto.

C-34. Successors in Interest: The provision of this contract shall be binding upon
      and shall inure to the benefit of the parties to the contract and their respective
      successors and assigns.

C-35. Award to Foreign Vendor: If the amount of this contract exceeds $10,000, and
      if Vendor is not domiciled in or registered to do business in the State of Oregon,
      Vendor shall promptly provide all information relative to this contract required by
      the Oregon Department of Revenue to that Department. The COUNTY shall
      withhold final payment under this contract until Vendor has met this requirement.

C-36. Maintenance Services: During the term of this Agreement, Vendor shall
      provide the following maintenance services for equipment and software:

       a. Provision and/or installation of corrections of substantial defects in the
          equipment or software so that they will operate as described in the parties
          agreement;
       b. Provision and/or installation of periodic updates of the software incorporating:
          (i) corrections of any substantial defects, (ii) fixes of any minor bugs, and (iii)
          at the discretion of the Vendor and subject to the maintenance contract,
          enhancements, new functionality, later versions and supplements;

       c. Provision of any system documentation supporting a maintenance service
          performed; and

       d. Telephone support for COUNTY problem/request reporting and resolution;
          and onsite support at the discretion of the Vendor.

       e. Any other provisions agreed to by the parties.
C-37. Conditions, Benefits: Other Purchasing Contracting Agencies may use this
      competitive selection process and contract, with no material change in terms,
      conditions or prices as a basis for executing a separate agreement in their own
      name with the Vendor. As a condition to this use, other Purchasing Contracting
      Agencies shall be fully liable for completing an appropriate process pursuant to
      ORS 279A.215, and the appropriateness of the decision to use this material
      contract provisions and any protest obligations under ORS 279A.225. Any
      software, materials, equipment or services sold by Vendor to such agencies shall
      be ordered by, delivered to, and paid by the other Purchasing Contracting
      Agencies. By acting to contract with another Purchasing Contracting Agencies,
      Vendor agrees that Lane County, its Commissioners, agents, employees and


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       officers are expressly indemnified and held harmless by Vendor from any claim
       arising out of the use of the County's competitive process or out of the
       performance or failure to perform contractual obligations of the contractor,
       political subdivision, and public agency.

C-38. Authority To Execute Agreement: Each party represents to the other that (i) it
      has obtained all necessary approvals, consents and authorizations to enter into
      this Agreement and to perform its duties under this Agreement; (ii) the person
      executing this Agreement on its behalf has the authority to do so; (iii) upon
      execution and delivery of this Agreement by the parties, it is a valid and binding
      contract, enforceable in accordance with its terms; and (iv) the execution,
      delivery, and performance of this Agreement does not violate any bylaw, charter,
      regulation, law or any other governing authority of the party.

C-39. Survivability: Termination shall not affect the rights and obligations each party
      owed to the other prior to the termination date. In addition, the following
      provisions shall survive the termination or expiration of this agreement:
      Limitation of Liability, Disputes, Preservation of Vendor’s proprietary rights,
      license of software as provided in this contract, Subsection C-16, Source Code;
      confidentiality and non-disclosure; patent, copyright, infringement; indemnity,
      hold harmless, and defense; legal remedies and damage limitations; and
      maintenance as provided in this contract, Subsection C-36, Maintenance
      Services.

C-40. Severability: If any provision of this contract or any portion of a provision, is
      declared by a court of competent jurisdiction to be illegal, in conflict with any law,
      invalid or otherwise unenforceable, the validity of the remaining terms and
      provisions shall not be affected; and the rights and obligations of the parties shall
      be construed and enforced as if the contract did not contain the particular
      provision held to be invalid.

C-41. Termination: This Agreement shall continue through the contract term until
      terminated as provided below. The parties may terminate this agreement, or any
      part of it, by mutual agreement. In addition, the parties may terminate as
      specified in a. through c. below.

       a. Termination by COUNTY. COUNTY may terminate this agreement, in whole
           or in part, for any or no reason on sixty (60) days written notice to Vendor and
           may terminate on 30 days notice if sufficient funding or authorization to
           expend funds does not exist, in the COUNTY’s discretion. The COUNTY’s
           decision as to whatever sufficient funding and authorizations are available will
           be accepted by Vendor as final. . In the event of termination for convenience,
           COUNTY shall immediately cease use of any software or other products
           provided by Vendor and shall comply with the obligations upon termination
           set forth in this contract, Subsection C-41D, Obligations on Termination.
           Subject to applicable limitations of liability as in Subsection C-31, COUNTY


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     shall be liable for reasonable costs directly related to such termination.
     Vendor, upon notification, shall take all reasonable steps to minimize
     termination costs. If Vendor possesses any advance payments made by
     COUNTY for services, software, products or equipment not yet provided, any
     sums owed by COUNTY shall be credited, and Vendor shall pay COUNTY
     any excess advance payments.

b. Termination by COUNTY for Cause. If Vendor fails to achieve final
     Production acceptance in accordance with this Agreement or otherwise
     breaches a material obligation under this Agreement, COUNTY may consider
     Vendor to be in default, unless COUNTY or a Force Majeure causes such
     failure. If COUNTY asserts a default, COUNTY will give Vendor written and
     detailed notice of the default and Vendor will have thirty (30) days thereafter
     to cure the default. If after following these default procedures, the Vendor
     has not cured the default, COUNTY may terminate this Agreement, in whole
     or in part. It may also choose to extend the period to cure if the vendor,
     within the thirty (30) day cure period, both provides the COUNTY with a plan
     of action acceptable to COUNTY and commences execution of the plan.
     COUNTY may withhold all monies due and payable to Vendor, under this
     agreement, until COUNTY accepts such a plan. These remedies shall be in
     addition to, and cumulative of, any other remedy available to COUNTY, and
     the exercise of this remedy by COUNTY shall not prejudice or impair the
     availability to COUNTY of any other remedy at law or in equity for breach of
     this Contract, subject to any contractual limitation of liability.

c.   Termination by Vendor. If COUNTY fails to pay any amount when due under
     this Agreement or otherwise breaches a material obligation under this
     Agreement, Vendor may consider COUNTY to be in default, unless Vendor or
     a Force Majeure causes such failure. If Vendor asserts a default, it will give
     COUNTY written and detailed notice of the default and COUNTY will have
     thirty (30) days thereafter to cure any monetary default (including interest). If
     after following these procedures, the COUNTY has not cured the default, the
     Vendor may terminate this Agreement. Vendor may also choose to extend
     the period to cure if the COUNTY, within the thirty (30)-day cure period, both
     provides the Vendor with a plan of action acceptable to the Vendor and
     commences execution of the plan. Vendor may stop work until it accepts the
     plan of action to cure a non-monetary default by COUNTY. This remedy shall
     be in addition to, and cumulative of, any other remedy available to Vendor,
     and the exercise of this remedy by Vendor shall not prejudice or impair the
     availability to Vendor of any other remedy at law or in equity for breach of this
     Contract, subject to any contractual limitations of liability.

d. Obligations on Termination. Upon termination pursuant to a. through c.
     above or pursuant to mutual agreement, COUNTY expressly acknowledges
     and agrees that within thirty (30) calendar days following such termination,
     COUNTY shall certify and warrant to Vendor, that it has destroyed or


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           returned to Vendor all and every part of the software and documentation and
           all copies thereof. Upon such termination, Vendor expressly acknowledges
           and agrees that within thirty calendar days following such termination, Vendor
           shall certify and warrant to COUNTY, that it has destroyed or returned to
           COUNTY all and every part of the confidential materials and all copies
           thereof.

           Nothing in this Agreement shall prohibit the COUNTY from continuing to
           possess and use software, documentation or other equipment which are not
           subject of the partial termination.

       e. Payment/Financial Obligations upon Termination. Upon termination,
           COUNTY shall pay to Vendor all amounts that have actually accrued or which
           are owing to Vendor as of the date of such termination in accordance with the
           schedules in this agreement and reasonable business judgment. In addition,
           Vendor shall reimburse COUNTY for any advance payments for services not
           rendered. The parties shall agree on a mutual settlement regarding any other
           payments owed either COUNTY or Vendor.

           When the Agreement is terminated as in Subsection C-41. a., b., or c. above,
           the parties are responsible for performing their obligations up to the date of
           termination. Vendor shall deliver all software, products, equipment, and
           services that it is required to provide up to the date of termination. COUNTY
           shall pay Vendor all amounts actually owed to Vendor as of the date of the
           termination, in accordance with the schedules in the Agreement.

C-42. Good Faith Attempt to Resolve: The parties agree to make good faith effort to
      resolve any dispute prior to or during the default process.

C-43. Disputes: Vendor and COUNTY will attempt to settle any claim or controversy
      between them arising from this Agreement through consultation and negotiation
      in good faith and a spirit of mutual cooperation. The respective Project
      Managers will confer and attempt to settle the dispute. The dispute will be
      escalated to appropriate higher-level managers of the parties, if necessary.
      Absent a dispute handled in accordance with this contract, Subsection C-41,
      Termination, if cooperative efforts fail, the dispute will be mediated by a mediator
      chosen jointly by Vendor and COUNTY within thirty days after notice by one of
      the parties demanding mediation on the conditions that: (i) The location shall be
      in Eugene, Oregon, (ii) Each party shall bear their own costs, witness fees, and
      attorneys fees, and (iii) Joint costs for the process (e.g. filing and mediation
      costs) shall be borne equally. Vendor and COUNTY will not unreasonably
      withhold consent to the selection of a mediator. The parties may postpone
      mediation until they have completed any mutually agreed upon, specified, and
      limited discovery about the dispute.




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       Any claim relating to intellectual property and any dispute that cannot be resolved
       between the parties through negotiation or mediation within two months after the
       date of the initial demand for mediation may then be submitted by either party to
       a court of competent jurisdiction in Lane County, Oregon unless otherwise
       agreed. Each party consents to jurisdiction over it by such a court. The use of
       mediation will not be considered under the doctrine of laches, waiver, or estoppel
       to affect adversely the rights of either party. Either party may resort to the judicial
       proceedings described in this section before the expiration of the two-month, or
       other agreed, period if (i) good faith efforts to resolve the dispute under these
       procedures have been unsuccessful, or (ii) interim relief from the court is
       necessary to prevent serious and irreparable injury to such party or any of its
       affiliates, agents, employees, officers, suppliers, or sub-contractors.

C-44. Notices: Whenever under this Contract one party is required or permitted to
      give notice to the other, such notice shall be deemed given when received by
      personal delivery, courier or facsimile; or up to three (3) business days after the
      date mailed by United States mail, certified mail, return receipt requested,
      postage prepaid, and addressed as follows:

       In the case of Vendor:




       In the case of COUNTY:
           Julie Losco
           Lane County Health and Human Services
           125 East Eighth Avenue
           Eugene OR 97401-2926
           Phone      541-682-7411
           Fax        541-682-3804
           E-mail     julie.losco@co.lane.or.us

C-45. Headings and Section References, Construction: The section headings in
      this Agreement are inserted only for convenience and are not to be construed as
      part of this Agreement or as a limitation of the scope of the particular section to
      which the heading refers. This Agreement will be fairly interpreted in accordance
      with its terms and conditions and not for or against either party.

C-46. Entire Agreement: This Contract, including RFP H&HS.20277 and all
      amendments to it, as modified by the Vendor’s Proposal, and the Appendices
      attached hereto, constitute the entire agreement between the parties with respect
      to the subject matter hereof and supersedes all prior and contemporaneous
      representations, understandings or agreements, whether oral or written, relating
      to the subject matter hereof. All prior or contemporaneous representations,
      understandings or agreements, whether oral or written, that are not expressly set


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       forth within the four corners of this Contract are hereby deemed waived,
       superseded and abandoned. The preprinted terms and conditions found on any
       COUNTY purchase order, acknowledgment or other form will not be considered
       an amendment or modification of this Agreement, even if a representative of
       each party signs such document, unless explicitly otherwise agreed.

C-47. Modifications and Amendments: This Agreement may be altered, amended,
      or modified only by a written instrument signed by an authorized representative
      of each party.




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IN WITNESS WHEREOF, the parties have executed this contract on this
_____________ day of

__________________, 20 ___.




Company Name.                                Lane County, Oregon



By:                                          By:
      Signature                                      Signature




      Print or Type Name                             Print or Type Name


                                                     County Administrator
      Title                                          Title




      Business ID Number




      Date                                           Date




                                                   APPROVED AS TO FORM

                                             Date _______________ Lane County

                                             ________________________________
                                              OFFICE OF LEGAL COUNSEL




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         APPENDIX E.            MUTUAL NON-DISCLOSURE AGREEMENT

                     Mutual Non-Disclosure Agreement

This Non-Disclosure and Confidentiality Agreement (the “Agreement”) is made and
entered into by and between _____[company name]___ ("Contractor"), a ___[state of
operation]___ corporation, having its principal place of business at _____[street address,
City, State, Zip]___, (“__[company short name]___”) and Lane County, Oregon
(“County”), an entity having its principal place of business at 125 East Eighth Avenue,
Eugene, Oregon 97401-2926.

                                       DEFINITION

"Confidential Information" includes, but is not limited to, know-how, trade secrets,
tools, methods, methodologies, techniques, designs, specifications, computer source
code, customer lists, pricing information, marketing plans, personnel information,
financial information and business strategies, drawings, data, software, together with
other information which, a reasonable person would conclude, is intended to remain
confidential, due to its nature or the circumstances under which it is disclosed, and any
other non-public information that either party designates as proprietary and/or
confidential pursuant to the terms herein. For purposes of this Agreement,
Confidential Information does not include protected health information as defined by
the Health Insurance Portability and Accountability Act (HIPAA). Any applicable
HIPAA confidentiality requirements will be covered under a separate agreement.

1.     Lane County is a public entity and is subject to all public records disclosure
requirements of Oregon Public Records Law.

2.     It is anticipated that each of the parties may disclose to the other various
Confidential Information. Information that a party reasonably believes meets an
Oregon Public Records exemption must be clearly and prominently labeled
“Confidential Information” in order to be deemed proprietary.

3.     Each party shall be a "Disclosing Party" with respect to Confidential
Information, which that party discloses to the other and shall be a "Receiving Party"
with respect to Confidential Information which that party receives from the other.

4.      In consideration of the disclosure of Confidential Information, a confidential
relationship is established between the parties.

5.    The County is acting through its Health & Human Services Department. The
County's use, as described in this Agreement, is intended to include County
employees and agents.


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6.      This agreement is intended only to facilitate the evaluation of information
technology products, services, documents, and information during consideration of a
future purchase, or for support of products and/or services already purchased. The
County may be requested to disclose limited data which it maintains as a public entity
in order for necessary evaluation or support functions to be accomplished. Unless
specified otherwise in writing by the County, all County data stored on County
computer systems accessible to Contractor in the performance of these activities shall
be considered Confidential Information and subject to the disclosure restrictions stated
within this Agreement. It is not the intent of the County to disclose any medical record
information about County clients as part of any evaluation or use of information
technology products and services.

7.      A Disclosing Party shall not designate as Confidential Information any materials
or information which the Disclosing Party does not with reasonable belief consider to
be proprietary and/or confidential.

8.      With respect to Confidential Information that the County provides to Contractor
under this Agreement, Contractor shall hold the Confidential Information in confidence
using the same degree of care as it normally exercises to protect its own proprietary
information. With respect to Confidential Information that Contractor provides under or
in contemplation of this Agreement, County’s obligation to maintain confidentiality is
subject to any disclosure obligations of Oregon Public Records Law, and if entitled to
confidentiality, County shall: (a) restrict disclosure and use of the Confidential
Information solely to those employees (including contract employees and consultants) of
such parties with a need-to-know, and not disclose it to any other parties, (b) advise
those employees and consultants of their obligation with respect to the Confidential
Information, (c) not copy, duplicate (except as needed for backup, testing, training.
system upgrades), or reverse engineer or compile anything provided hereunder, and (d)
the County shall use Confidential Information provided by Contractor only for the
purposes set forth in this Agreement. If County receives a request for disclosure of
information labeled confidential by Contractor pursuant to Oregon Public Records Law or
a subpoena, County will provide notice to Contractor before a response is due, and it
shall be Contractor’s responsibility to establish that such information is exempt from
disclosure. Contractor shall defend, indemnify, and hold County harmless from any
claim or administrative appeal, including costs, expenses, and any attorneys fees,
related to a request to disclose information Contractor has labeled as “Confidential
Information”.

9.      Upon the request of the Disclosing Party, the Receiving Party shall promptly
deliver to the Disclosing Party any and all documents and Information, without
retaining any copies or excerpts thereof, that contain or relate to the Disclosing Party’s
proprietary and confidential Information.




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10.     Nothing in this Agreement shall be construed to grant to the Receiving Party
any ownership or other proprietary interest in the Confidential Information. The
Receiving Party agrees that it does not acquire any title, ownership, or other
intellectual property right or license under this Agreement. Nothing in this Agreement
shall be construed as an obligation by either party to enter into a purchase contract,
subcontract or other business relationship with the other party.

11.     A Receiving Party has no obligation with respect to any Confidential Information
disclosed hereunder that: (a) was rightfully in Receiving Party's possession before
receipt from Disclosing Party other than through prior disclosure by Disclosing Party;
or (b) is or becomes a matter of general public knowledge through no breach of this
Agreement; or (c) is rightfully received by Receiving Party from a third party without an
obligation of confidentiality; or (d) is independently developed by Receiving Party; or
(e) is disclosed to third parities by the disclosing party without restriction; or (f) is
disclosed under operation of law, including Oregon Public Records law, governmental
regulation, or court order, provided Receiving Party first gives Disclosing Party notice
and a reasonable opportunity to secure confidential protection of such Confidential
Information.

12.    A Receiving Party shall not publicly disseminate evaluations or summaries of
the Confidential Information of Disclosing Party without Disclosing Party's review of
such evaluations or summaries and written authorization for their dissemination. All
materials disseminated with such authorization shall bear the Disclosing Party's
copyright notice and any other markings necessary to protect the Confidential
Information.

13.    Neither party will, without the prior written consent of the other and such
approvals, governmental or other, as may be required, use or transmit, directly or
indirectly, the Information or any portion thereof outside the United States.

14.   This agreement may not be assigned by either party without the prior written
consent of the other.

15.     The term of this agreement shall be two (2) years from the date entered into
unless subsequently incorporated, by mutual agreement, into the parties’ purchase
contract. The parties may extend this agreement, including incorporating any
applicable changes, if a purchase contract is executed within two (2) years from the
date entered into unless the parties' agree otherwise. This Agreement may also be
terminated by either party for convenience upon thirty (30) days written notice.
Termination of this Agreement for any reason shall not relieve a Receiving Party of its
obligations hereunder, and all obligations under this paragraph, and paragraphs 1, 4,
8, 9, 11, 12, 13, 15, 16, 17, 18, 19, 20 shall survive the termination of this Agreement.

16.    Except as otherwise expressly agreed by the parties in writing, upon
termination of this Agreement, a Receiving Party shall (a) immediately cease using the
Confidential Information of Disclosing Party, (b) promptly return to Disclosing Party all


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media received from Disclosing Party which contain the Confidential Information of
Disclosing Party and destroy all other copies of such Confidential Information, and (c)
promptly certify in writing Receiving Party's compliance with the terms of this Article.

17.    Contractor agrees to indemnify, defend, and hold County, its Commissioners,
agents, officers, and employees harmless from all damages, losses and expenses and
to defend all claims, proceedings, lawsuits, and judgments arising out of or resulting
from the negligence or wrongful misconduct of Contractor, its subcontractors,
employees or agents in performing or failing to perform obligations covered by this
agreement.

18.    Subject to the limitations of the Oregon Tort Claims Act and Article XI, Section
10 of the Oregon Constitution, County agrees to indemnify, defend, and hold
Contractor, its agents, officers, and employees harmless from all damages, losses and
expenses and to defend all claims, proceedings, lawsuits, and judgments arising out of
or resulting from the negligence or wrongful misconduct of County, its officers, agents,
or employees in performing or failing to perform obligations covered by this
agreement.

19.    This Agreement supercedes any prior oral or written understanding with respect
to the exchange and protection of confidential information. Except if the parties
mutually agree to incorporate this agreement into a purchase contract, this Agreement
contains the entire understanding of the parties with respect to its subject matter. In
such case, any additional terms related to exchange and protection of confidential
information that are included in a purchase contract shall be binding. No modification,
amendment, or waiver thereof shall be effective unless in writing and signed by both
parties.

20.    This Agreement shall be governed in all respects by the laws of the State of
Oregon. The parties agree to the exclusive jurisdiction of the courts of the State of
Oregon, and specifically agree that any action or proceeding involving a claim arising
from this agreement must be brought in the appropriate court in Lane County, Oregon.

21. The provisions of Lane Manual 21.130, setting forth standard public contracting
provisions, are hereby incorporated by this reference.




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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
duplicate originals by their duly authorized representatives.

Company Name                              Lane County, Oregon



By:                                       By:
      Signature                                 Signature




      Print or Type Name                        Print or Type Name

                                                County Administrator
      Title                                     Title



      Business ID Number



      Date                                      Date




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              APPENDIX F.            SOFTWARE LICENSE AGREEMENT

                         Software License Agreement

Name of Company:_________________________ (“Licensor”) and Lane County,
Oregon (“Licensee”) hereby enter into this Software License Agreement. For good and
valuable consideration, the parties agree as follows:
Grant of License and Right to Use
Licensor retains exclusive title and ownership of all copies of the Software licensed
under this Agreement and hereby grants to Licensee a personal, non-exclusive, non-
transferable, royalty free, worldwide license in perpetuity to use the Software and related
Documentation pursuant to the License terms within this Agreement. This license is
granted to Lane County for the purposes of supporting the Regional Backup Solution.
Permitted Uses
Customer may use the Software solely for the purpose of operating the Regional Backup
Solution, and for such other additional purposes authorized in the Lane County
Purchase Contract of which this software license is a part. Customer is authorized to
make reasonable copies of the Software for backup, testing, training, system upgrades,
and/or archival purposes.
Ownership
Title to all copies of Software will not pass to Licensee at any time but remains vested
exclusively in Licensor. Licensor and/or Licensor’s suppliers own and retain all of their
proprietary rights in any form concerning the Software and Documentation, including all
rights in patents, patent applications, inventions, copyrights, trade secrets, trademarks,
trade names, and other intellectual properties (including any corrections, bug fixes,
enhancements, updates, or modifications to or derivative works from the Software
whether made by Licensor or another party). Nothing in this Agreement is intended to
restrict the proprietary rights of Licensor and/or Licensor’s suppliers or to grant by
implication or estoppel any proprietary rights. All intellectual property developed,
originated, or prepared by Licensor in connection with providing to Licensee Software,
Products, or related services remain vested exclusively in Licensor, and this Agreement
does not grant to Licensee any shared development rights of intellectual property. This
Agreement does not involve any software that is a “work made for hire.” County owns
title to physical media for the software as well as all data entered into the software, and
nothing in this Agreement is intended to restrict the ownership rights of the County to the
physical media for the software or the data entered into the software.
Prohibitions
Customer shall not sell, rent, lease, sub-license, lend, time-share or transfer, in whole or
in part, or provide unlicensed third parties access to the prior or present versions of the


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Software, any updates, or to Customer's other rights under this Agreement. Customer
shall not reverse engineer, de-compile, or disassemble the Software. Customer shall
not alter or modify the Software except as authorized by this Agreement. Customer shall
not make additional copies of the Software beyond those necessary for purposes stated
by this agreement. Customer shall not remove or obscure any of the copyright or
trademark notices. Customer may not copy the Documentation that accompanies the
Software. Except as provided herein, no right is granted for the use of Software directly
by any third person.
Confidentiality
With respect to Confidential Information that Contractor provides under or in
contemplation of this Agreement, County’s obligation to maintain confidentiality is
subject to any disclosure obligations of Oregon Public Records Law, and if entitled to
confidentiality, County shall: (a) restrict disclosure and use of the Confidential
Information solely to those employees (including contract employees and consultants) of
such parties with a need-to-know, and not disclose it to any other parties, (b) advise
those employees and consultants of their obligation with respect to the Confidential
Information, (c) not copy, duplicate (except as needed for backup, testing, training.
system upgrades), or reverse engineer or compile anything provided hereunder, and (d)
the County shall use Confidential Information provided by Contractor only for the
purposes set forth in this Agreement. If County receives a request for disclosure of
information labeled confidential by Contractor pursuant to Oregon Public Records Law or
a subpoena, County will provide notice to Contractor before a response is due, and it
shall be Contractor’s responsibility to establish that such information is exempt from
disclosure. Contractor shall defend, indemnify, and hold County harmless from any
claim or administrative appeal, including costs, expenses, and any attorneys fees,
related to a request to disclose information Contractor has labeled as “Confidential
Information”.
Assignment
This Agreement shall not be subcontracted or assigned without the prior written consent
of both parties. In the event of any assignment or subcontract, Licensor will remain
responsible for all obligations as described in this Agreement. Customer shall not assign
this license or any of Customer's rights without the prior written consent of contractor.
Any purported assignment without such consent is null and void. As a condition to
granting consent, contractor may require the payment of additional licensing fees. It is
understood that the authorized user may utilize the Software on a temporary basis at
other locations without any additional fees or registration procedures, and such use will
not be deemed to be a transfer of use as long as the licensed copy is not installed on
more than one computer at a time.
Copies of the Software
Customer may make such copies of the Software as are reasonably necessary for
Customer for backup, testing, training, system upgrades, and/or archival purposes only.




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Term
The term of the license for the Software provided shall begin upon the effective date of
this Agreement and continue until such time as the System ceases to be within the
control of COUNTY or until otherwise terminated in accordance with the provisions of
this Agreement.
Return of Software Upon Termination
Upon termination of this license agreement , COUNTY expressly acknowledges and
agrees that within thirty (30) calendar days following such termination, COUNTY shall
certify and warrant to Vendor, that: (i) it has destroyed or returned to Vendor all and
every part of the software and documentation and all copies thereof. Upon termination,
Vendor expressly acknowledges and agrees that within thirty calendar days following
such termination, Vendor shall certify and warrant to COUNTY, that it has destroyed or
returned to COUNTY all and every part of the confidential materials and all copies
thereof.
Waivers
Failure or delay by either party to exercise any right or power under this Agreement will
not operate as a waiver of such right or power. For a waiver of a right or power to be
effective, it must be in writing signed by the waiving party. An effective waiver of a right
or power shall not be construed as either a future or continuing waiver of that same right
or power, or the waiver of any other right or power.
Entire Agreement and Amendment
The provisions of this Software License Agreement and the Lane County Purchase
Contract, including amendments and Exhibits, apply to the County’s use of Licensor’s
Software, and all are binding. Terms in the Lane County Purchase Contract related to
the County’s use of Software and this Software License Agreement shall be incorporated
herein, and continue in force for as long as this Software License Agreement is in effect.
The term “Vendor” shall be replaced with “Licensor” for purposes of this Software
License Agreement These terms include: C-7 (Vendor’s Personnel); C-8 (Right to
Interface); C-9 (Confidential Information); C-10 (Patent and Copyright Infringement); C-
11 (Title and Risk of Loss); C-12 (Preservation of Vendor’s Proprietary Rights); C-14
(Warranties); C-17 (Independent Vendor); C-19 (Workers’ Compensation); C-20 (Free
From Tax Law and Discrimination Violations); C-21 (Employment Taxes and Workers’
Compensation Payments); C-22 (Taxes); C-23 (Safety Requirements); C-25 (Lane
Manual); C-26 (Prime Vendor Responsibilities); C-27 (Insurance); C-28 (Indemnity); C-
30 (Force Majeure); C-34 (Successors in Interest); C-36 (Maintenance Services); C-42
(Good Faith Attempt to Resolve); C-43 (Disputes), and any Exhibits relevant to interpret
or implement these provisions.
Survivability
The following provisions from the Lane County Purchase Contract shall survive the
termination or expiration of this Agreement: C-9, C-10, C-12, C-28, C-34, C-42, and C-
43. The surviving terms of the parties’ Mutual Non-Disclosure Agreement, set forth in


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paragraph 15 of that agreement, shall survive the termination or expiration of this
Agreement.
Modifications
This Software License Agreement may be altered, amended, or modified only by a
written instrument signed by an authorized representative of each party, except that
Licensor may modify this Agreement as necessary to comply with applicable laws and
regulations.
Governing Law
The laws of the State of Oregon shall govern the validity, construction and enforcement
of this Agreement, as well as the interpretation of the parties’ rights and duties without
reference to conflicts of laws. The parties will comply with all applicable federal laws,
and rules concerning performance under this Agreement. The parties agree that the
venue for any action or proceeding involving terms of this contract shall be an
appropriate court in Lane County, Oregon.
Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or otherwise unenforceable, that provision will be severed and the remainder
of this Agreement will remain in full force and effect.




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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
duplicate originals by their duly authorized representatives.

Company Name                              Lane County, Oregon



By:                                       By:
      Signature                                 Signature




      Print or Type Name                        Print or Type Name


                                                County Administrator
      Title                                     Title




      Business ID Number




      Date                                      Date




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                    APPENDIX G.           COST PROPOSAL FORM
The cost response to this RFP shall be proposed as a firm fixed price for the complete
offering.
                             Cost Category                                 Cost
Software License Fees or Costs
      Base System software to meet mandatory functional                   $
       requirements and technical specifications
      Additional modules required or proposed, if any, to meet            $
       mandatory functional requirements and technical specifications
      Third Party Software, if any, required for the operation of the     $
       system.
                             Subtotal for Software License Fees or Costs $
Annual Maintenance Fee
                                     Subtotal for Annual Maintenance Fee $
Business Specifications
      Project Management Services
      Customization required or proposed, if any, to meet desirable
       functional requirements and/or technical specifications
      Data Conversion Services
      Interface Development Services
      Implementation Services, including Configuration and Testing
       Support Services
      Training Services
                                      Subtotal for Business Specifications $
                                                          GRAND TOTAL $
Optional Services
Hosting Services, Annual Cost                                              $
Billing Services, Annual or Per Transaction Cost                           $
Other (please specify)                                                     $


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   APPENDIX H.           DESCRIPTION OF SYSTEMS FOR DATA CONVERSION

The Vendor selected as a result of this RFP shall be required to convert data from three
(3) current systems in the COUNTY into the new management information system.
These three (3) systems include:
     Health Services Client Tracking System (HSCTS)
     Oregon Community Health Information Network (OCHIN)
     Communicable Database (CD)

Following is additional information about each of the three (3) systems.

Health Services Client Tracking System (HSCTS)

      H&HS program(s) using current system
        Mental Health
        Alcohol, Drug and Offenders
        Public Health
        Developmental Disabilities

      Description of current system
       HSCTS tracks clients by enrollments into specific programs for any service or
       activity provided for each client. Within Public Health, HSCTS tracks vaccines
       given to each client by clinic site, vaccine manufacturer name, lot number and
       injection site. For the Mental Health and Alcohol, Drug and Offenders programs,
       HSCTS is also used to enroll and unenroll clients, track encounter data, and
       track fee agreements (income and insurance information) and uses that
       information to charge fees based on a sliding fee scale or bills the appropriate
       insurance carrier. Payments from both insurance and private pay are also
       posted to each client account.

      Types of information currently collected
       Client name, social security number, Income, insurance and responsible party
       information, address, date of birth, phone number, diagnosis, referral information,
       therapist, program and provider, race, gender, services provided and by whom,
       and notes for additional information. . The system generates a program client
       enrollment number and tracks enrollment and unenrollment dates by program
       type. The system maintains information on employee providers (staff type, NPI
       and Medicaid numbers, etc.) The system also maintains a complete charge
       master schedule (CPT and HPIC codes and charges) as well as “combo tables”
       that delineate which codes may be billed by which provider type. The system




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    also maintains basic demographic information on all payers. The system does
    not maintain information on contracted payment rates by payer.


   System architecture
    Client / server

   System hardware platform
    Database server.   HP NetServer LP2000r
    File Server.       IBM x345
    Workstations.      Dell – various models

   System software operating system
    Microsoft 2000 Server
    Microsoft 2000 and XP client workstation

   Current system Data Base Management System (DBMS) or Relational Data
    Base Management System (RDBMS) / Programming Language (front end
    and back end, if different)
    Back End.    Oracle 8.1.7 RDBMS
    Front End.   Oracle Forms & Reports 6i and Oracle PL/SQL

   Are there any Microsoft .NET or Sun Java files to be converted?
    No

   Approximate size of current data files in this system to be converted.
    Approximate size of the larger tables
       Event table.       2.0 million records
       Bills table.       1.5 million records
       Payment table. 1.3 million records
       Enrollment table. 125,000 records
       Client table.      137,000 records

    Approximately 250 total tables –counts for each are available on request

   Current system data file format(s), if available.
    Oracle tables

   Are there any image or audio formats that will need to be converted?
    No




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Oregon Community Health Information Network (OCHIN)

     H&HS program(s) using current system
         Community Health Centers of Lane County

     Description of current system
      OCHIN provides its partner organizations with a customized version of the Epic
      Systems EMR/PM integrated MIS platform, developed to meet the needs of CHC
      & Public Health Departments. OCHIN works to automated and reduce data
      capture and billing requirements to Federal/State/Private and Grant based
      entities at the point of entry. Our technical service team has created HIPAA
      compliant interfaces with;

          Claims:OMAP/Medicare/AHLERS/MediCal/McKesson/ClearChoice/ABHA
           /EDS/Careoregon/etc
          Laboratory: QuestDiagnostics/LabCorp/Standord/OHSU
          Demographic: OMAP/Careoregon/Meditrax/OHSU/Alliance


     Types of information currently collected
          Patient data
          Insurance
          Accounts
          Billing
          Encounter transaction details
          Providers

     System architecture
      OCHIN operates as an Application Service Provider (ASP), with all data centrally
      managed and secured at our Datacenter in Portland. HSC/CHCLC accesses the
      application via Citrix thin client technology.

     System hardware platform
      Client/Server based solution using the following components;
           Server - Sun Fire 4800 Cluster around a Hitachi Data System storage
              area network (SAN)
           Client – Citrix/Microsoft thin client distribution of a VB/.NET application,
              utilizing TCP socket connection to the primary database.

     System software operating system
          Database - Solaris 8/9/10
          Client – Microsoft Windows Server 2000/2003 w/Citrix Presentation
            Server 4.x



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Oregon Community Health Information Network (OCHIN) (continued)

     Current system Data Base Management System (DBMS) or Relational Data
      Base Management System (RDBMS) / Programming Language (front end
      and back end, if different)
      Two separate DBMS platforms: Cache for the production DBMS and Microsoft
      SQL Server for the reporting solution DBMS.

     Are there any Microsoft .NET or Sun Java files to be converted?
      No

     Approximate size of current data files in this system to be converted.
      4.25 GB (uncompressed) in size.

     Current system data file format(s), if available.
      MS SQL Database file

     Are there any image or audio formats that will need to be converted?
      No


Communicable Database (CD)

     H&HS program(s) using current system
         Public Health Communicable Disease
         Epidemiology
         Sexually Transmitted Disease (STD) programs

     Description of current system
      This is an Access based system that was developed by Multnomah County and
      has been purchased by many Oregon County Health Departments including
      Lane County. The system is used to track case investigations of reportable
      diseases and report them to the state. The STD portion has been developed and
      will be added to the same database in the near future. The information is
      electronically transmitted to the state using “FileZilla”. In the future, the plan is
      this information will interface with the Centers for Disease Control and
      Prevention’s reporting system, the National Electronic Disease Surveillance
      System (NEDSS).

     Types of information currently collected
          Demographics
          CD outbreak investigations
          CD case reports


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Communicable Database (CD) (continued)

          Query for data analysis, e.g. tables, graphs, statistics

     System architecture
      A Microsoft Access 2000 database is located on a file server.
      Users access the system via desktop shortcuts.

     System hardware platform
      Microsoft Windows

     System software operating system
      Microsoft Windows

     Current system Data Base Management System (DBMS) or Relational Data
      Base Management System (RDBMS) / Programming Language (front end
      and back end, if different)
      Microsoft Access 2000

     Are there any Microsoft .NET or Sun Java files to be converted?
      No

     Approximate size of current data files in this system to be converted.
      50 Mb

     Current system data file format(s), if available.
      Microsoft Access 2000

     Are there any image or audio formats that will need to be converted?
      No




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       APPENDIX I.            DESCRIPTION OF SYSTEMS FOR INTERFACES

For the purpose of preparing proposals, Vendors shall assume the system interfaces to
the following seven (7) systems will be required for the implementation of the proposed
software solution:

              AHLERS Interface
              HIPAA 837 Transaction Interface
              OHP Eligibility Report Interface
              Minimum Data Set (MDS) Interface
              Immunization Interface
              Communicable Disease - Epidemiology Interface
              Views Interface

Following is more detailed information related to each of these interfaces.


AHLERS Interface

              Interface System Name. Ahlers WinCVR

              H&HS Program(s) Using/Requiring Information from Interface
               System. HSC/CHCLC

              Interface System Description. Family Planning

              Interface System Architecture. Client/Server

              Interface System Hardware Platform
               File Server. IBM x345
               Workstations. Dell – various models

              Interface System’s Data Base Management System (DBMS) or
               Relational Data Base Management System (RDBMS) / Programming
               Language (front end and back end, if different):
               All COUNTY data resides in *.tps files

              Is the interface uni-directional (information is sent from new system
               to Interface System only), or bi-directional (information is sent from
               new system to Interface System, and new system receives
               information from Interface System)?
               Unidirectional


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HIPAA 837 Transaction Interface

            Interface System Name. Electronic Claims to PhTech

            H&HS Program(s) Using/Requiring Information from Interface
             System. Mental Health

            Interface System Description.
             A privileged user logs into a client-server application and runs a specific
             application process (database package), which generates an EDI file in a
             specific network location. The user then logs into a secure web site and
             uploads the file to that site.

            Interface System Architecture
             Client-server
             Oracle 6i Forms and 8i database running on Microsoft desktops and
             servers

            Interface System Hardware Platform
             Windows 2000 Server

            Interface System’s Data Base Management System (DBMS) or
             Relational Data Base Management System (RDBMS) / Programming
             Language (front end and back end, if different):
             Oracle 8i

            Is the interface uni-directional (information is sent from new system
             to Interface System only), or bi-directional (information is sent from
             new system to Interface System, and new system receives
             information from Interface System)?
             Unidirectional




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OHP Eligibility Interface

      Interface System Name. OHP Eligibility Report

      H&HS Program(s) Using/Requiring Information from Interface
       System. Mental Health

      Interface System Description
       A user runs a SQL script on their desktop PC that generates an output
       file. The user then logs into a secure website, makes some selections on
       that web site, and uploads the file. The web page is then automatically
       redrawn with client information based on the uploaded file. The user then
       saves the web page’s HTML source using their browsers “save source”
       ability to a specific file server location using a specific file name. The user
       then runs a Perl script, which parses the HTML source for client data. The
       Perl script generates the final report.

      Interface System Architecture
       Oracle client (SQL*Plus) software on the client as well as a Perl
       interpreter and specific HTML Table parsing Perl libraries. User/system
       need Internet access.

      Interface System Hardware Platform. Windows Servers and Desktops

      Interface System’s Data Base Management System (DBMS) or
       Relational Data Base Management System (RDBMS) / Programming
       Language (front end and back end, if different).
       Oracle 8i

      Is the interface uni-directional (information is sent from new system
       to Interface System only), or bi-directional (information is sent from
       new system to Interface System, and new system receives
       information from Interface System)?
       User driven bi-directional




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Minimum Data Set Interface

     Interface System Name. Minimum Data Set (MDS)

     H&HS Program(s) Using/Requiring Information from Interface
      System
       Administration
       Prevention

     Interface System Description
      MDS captures data on the activities of the prevention team, and is
      required by our funders at Oregon Department of Human Services. This
      system includes types of activities/events (i.e. presentations, parent
      education activities, etc); information about particular activities (dates, #
      of participants, etc); and some demographic information about
      participants.


     Interface System Architecture

     Interface System Hardware Platform

     Interface System’s Data Base Management System (DBMS) or
      Relational Data Base Management System (RDBMS) / Programming
      Language (front end and back end, if different).
      HP Intel with Windows 2003

     Is the interface uni-directional (information is sent from new system
      to Interface System only), or bi-directional (information is sent from
      new system to Interface System, and new system receives
      information from Interface System)?
      Uni-directional




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Immunization Interface

      Interface System Name. Human Services Immunization (HSIMM)

      H&HS Program(s) Using/Requiring Information from Interface
       System
        Public Health
        Communicable Disease Program
        Immunizations

      Interface System Description
       Two (2) separate jobs send data to the state. One (1) sends
       immunization data (to ALERT) and the other sends communicable
       disease data.

      Interface System Architecture. Client-Server

      Interface System Hardware Platform
       Database Server.    HP NetServer LP2000r
       File Servers.       IBM x345 plus VMWare
       Workstations.       Dell (various models)

      Interface System’s Data Base Management System (DBMS) or
       Relational Data Base Management System (RDBMS) / Programming
       Language (front end and back end, if different).
       Back end.     Oracle 8.1.7 RDBMS.
       Front end.    Oracle Forms & Reports 6i and Oracle PL/SQL
       Communicable Diseases.
       Front and Back End. MS Access. There is a module built in to the
                            access application that sends data to the state.

      Is the interface uni-directional (information is sent from new system
       to Interface System only), or bi-directional (information is sent from
       new system to Interface System, and new system receives
       information from Interface System)?
       Immunizations.        Uni-directional
       CD.                   Not sure.




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Communicable Disease – Epidemiology Interface

     Interface System Name. Communicable Disease Interface

     H&HS Program(s) Using/Requiring Information from Interface
      System. Public Health

     Interface System Description
      Users manage client data regarding communicable diseases in this
      system. Reports are generated which are sent to the State of Oregon.

     Interface System Architecture
      A Microsoft Access 2000 database is located on a file server. Users
      access the system via desktop shortcuts.

     Interface System Hardware Platform. Windows

     Interface System’s Data Base Management System (DBMS) or
      Relational Data Base Management System (RDBMS) / Programming
      Language (front end and back end, if different).
      Microsoft Access 2000

     Is the interface uni-directional (information is sent from new system
      to Interface System only), or bi-directional (information is sent from
      new system to Interface System, and new system receives
      information from Interface System)?
      Not sure.




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Views Interface

      Interface System Name. Views

      H&HS Program(s) Using/Requiring Information from Interface
       System. All H&HS

      Interface System Description
       Views is a third-party vendor application used to maintain and manage
       Lane County’s performance measures information.

      Interface System Architecture
       Views is a client server application that runs as a Windows service on its
       own server. Workstations access the application through a shortcut on
       the desktop.

      Interface System Hardware Platform. Windows 2003 Server

      Interface System’s Data Base Management System (DBMS) or
       Relational Data Base Management System (RDBMS) / Programming
       Language (front end and back end, if different).
       Views uses a proprietary database and programmatic access is not
       allowed. The Views system provides a tool to import data from a variety
       of different source systems via CSV or XML files. The Views system also
       has an Advanced Data Connectivity module that can connect to source
       systems and call stored procedures or queries to populate the Views
       system.

      Is the interface uni-directional (information is sent from new system
       to Interface System only), or bi-directional (information is sent from
       new system to Interface System, and new system receives
       information from Interface System)?
       The interface is uni-directional – information is sent from the new system
       to Views.




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       APPENDIX J.             HIPAA BUSINESS ASSOCIATE AGREEMENT

                       Business Associate Agreement/Amendment
                           HIPAA Privacy and Security Rules

This agreement ("Agreement/Amendment") is entered into by Lane County, a political
subdivision of the State of Oregon (“County”) and _______________("Contractor").

A.     RECITALS

       1.     Contractor is providing services to a County program designated as a
covered healthcare component and such services will require disclosure and use of
Protected Health Information ("PHI"), including electronic PHI, as defined by the Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”).

        2.     HIPAA Privacy and Security Rules require that covered entities obtain
satisfactory assurances that its Business Associates will comply with the Business
Associate requirements of the Privacy Rule set forth in 45 CFR 164.502(e) and
164.504(e), and the Security Rule set forth in 45 CFR 164.314, and Contractor desires
to provide such business associate assurances with respect to the performance of its
obligations.

B.     DEFINITIONS

       “Individual” shall have the same meaning as the term “individual” in 45 CFR
164.501 and generally means the person who is the subject of protected health
information. It also includes a person who qualifies as a personal representative
pursuant to 45 CFR 164.502(g).

        “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable
Health Information at 45 CFR Parts 160 and 164, and as these may be amended from
time to time.

        “Protected Health Information” shall have the same meaning as the term
“Protected Health Information” in 45 CFR 164.501, limited to the information created,
received, or accessed by Contractor from or on behalf of the Agencies through
performance under the Contract. Generally, it relates the past, present, or future
physical or mental health or condition of an individual; the provision of health care to an
individual, or the past, present, or future payment for the provision of health care to an



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individual and identifies the individual or there is a reasonable basis to believe the
information can be used to identify the individual.

       "Required by law" shall have the same meaning as the term in 45 CFR 164.501.

     “Secretary” shall mean the Secretary of the federal Department of Health and
Human Services (HHS) and any other HHS officer or employee with delegated authority.

       "Security Rule" shall mean the standards for security of PHI in "Subpart C -
Security Standards for the Protection of Electronic Protected Health Information",
beginning 45 CFR § 164.302, and particularly requirements for business associates in
45 CFR § 164.308(b) and 45 CFR § 164.314(a). The Security Rule is a subpart of the
Privacy Rule.

        “Service contract” shall mean the agreement between County and the Contractor
obligating Contractor to perform certain services.

       Capitalized terms, other than those defined in this Agreement/Amendment, shall
have the same meaning as those terms in the Privacy and Security Rules.

C.     USES AND DISCLOSURES IN PERFORMING SERVICES

       1.      The parties agree that the following terms and conditions shall apply to
Contractor's performance of obligations under the Service Contract.

         2.     Contractor is authorized to access, receive, use or disclose PHI for the
express purpose of performing the services under the Contract. Except as otherwise
expressly permitted and as limited in this Agreement/Amendment or as Required by
Law, Contractor may use or disclose PHI to perform the functions, activities or services
for, or on behalf of, the County, set forth in the Contract and provided that such use or
disclosure would not violate the Privacy or Security Rules or the applicable minimum
necessary policies of the County if done by the County. Contractor shall access,
receive, transmit, use, or disclose only the minimum necessary PHI to fulfill its
obligations to the County or as imposed by law. Further use or disclosure other than as
permitted or required by the Contract or as Required by Law is prohibited.

D.     ADDITIONAL BUSINESS ASSOCIATE OBLIGATIONS OF CONTRACTOR

        1.       Contractor shall implement administrative, physical and, technical
safeguards that reasonably and appropriately protect the confidentiality, integrity, and
availability of PHI, including electronic PHI that it accesses, receives, or transmits on


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behalf of the County. Contractor agrees to use appropriate safeguards to prevent use or
disclosure of PHI other than as provided for by this Agreement/Amendment.

         2.      Except as otherwise limited in this Agreement/Amendment, Contractor
may use PHI for the proper management and administration of its business or to carry
out its legal responsibilities.

        3.       Except as otherwise limited in this Agreement/Amendment, Contractor
may disclose PHI for the proper management and administration of its business,
provided that disclosures are required by law, or Contractor obtains reasonable
assurances from the recipient that it will remain confidential and used or further
disclosed only as required by law or for the purpose for which it was disclosed, and the
recipient will promptly notify the Contractor of any instance of which it is aware in which
the confidentiality of the information has been breached.

        4.      Contractor may use PHI to report violations of HIPAA law to certain
federal or state authorities subject to the conditions in 45 CFR §164.502(j)(1).

       5.      Contractor may not aggregate or compile PHI accessed or received under
the Contract with the PHI of other entities unless this Agreement/Amendment permits
Contractor to perform Data Aggregation services. Under no circumstances may
Contractor disclose PHI of the County to another person, entity, or agency absent
express authorization of the County.

       6.      Contractor agrees to report to the County any use or disclosure of PHI not
provided for by this Agreement/Amendment of which it becomes aware, as soon as
possible.

         7.    Contractor agrees to mitigate, to the extent practicable, any harmful effect
that is known to Contractor of a use or disclosure of PHI by Contractor that violates the
requirements of this Agreement/Amendment. Contractor agrees to report to the County,
the remedial action taken or proposed to be taken with respect to such use or disclosure.
Contractor agrees to cooperate with the County in any mitigation efforts County requests
and deems appropriate.

       8.      Contractor agrees to ensure that any agent, including any subcontractor
to whom it provides PHI or makes PHI available, executes an agreement with the same
terms, conditions, and restrictions of the use and disclosure of PHI as contained in this
Agreement/Amendment. This includes ensuring that any agent, including subcontractor,
agrees to implement reasonable and appropriate safeguards to protect electronic PHI.




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        9.     The parties do not anticipate that, at any point in time, the County will be
unable to access and control PHI or that any change to PHI required below would affect
Contractor's performance under the Service Contract. However, in the event Contractor
does have access and control of PHI:
               a.      At the request of the County and within five business days, and
unless directed otherwise, Contractor shall provide access of their PHI to an Individual to
meet the requirements under 45 CFR § 164.524.
               b.      Contractor shall make any amendment(s) to PHI that the County
directs or agrees to pursuant to 45 CFR § 164.526 at the request of the County or an
Individual.
               c.      Contractor shall document such disclosures of PHI and
information related to such disclosures as are required for the relevant County to
respond to a request by an Individual for an accounting of disclosures of PHI in
accordance with 45 CFR § 164.528. Contractor shall provide the accounting to the
County or to an Individual as directed by the County, within five business days.
               d.      As to Contractor's obligations in 9. a., b., and c. above, Contractor
shall document and retain for six years from the date of creation or date last in effect,
whichever is later:
                       i.      The titles of the person or offices responsible for receiving
and processing requests for access, for amendments, and for accounting of disclosures;
and
                       ii.     The PHI that are subject to access by individuals under 45
CFR 164.524, subject to the County's direction otherwise;
                       iii.    The written accounting that is provided to the individual;
                       iv.     The information required to be included in the accounting
in paragraph (c) above.

        10.     Contractor agrees to make internal practices, books, and records,
including policies and procedures relating to the use and disclosure of PHI received
from, or created or received by, or made available or accessed by Contractor on behalf
of the County, available to the County or to the Secretary within five business days or
within the time frame designated by the Secretary, for purposes of the Agencies or
Secretary determining the County's compliance with the Privacy and Security Rules, or
for audit purposes.

E.     OBLIGATIONS OF AGENCIES

        1.      The County shall notify Contractor of any additional limitations, to the
extent that the limitation may affect Contractor's access, receipt, use or disclosure of PHI
of that County.




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       2.     The County shall notify Contractor of any changes in, or revocation of,
permission by Individual to access, receive, use or disclose PHI, to the extent that the
changes may affect Contractor's use or disclosure of PHI.

        3.     The County shall notify Contractor of any restriction to the access or use
or disclosure of PHI, that the County has agreed to in accordance with 45 CFR §
164.522, to the extent that the restriction may affect Contractor's access, receipt, use or
disclosure of protected health information.

      4.     The County shall not request Contractor to use or disclose PHI in any
manner that would not be permissible under the Privacy or Security Rules if done by the
County.

F.     TERM AND TERMINATION

        1.      The term of this Agreement/Amendment shall begin the date the last
party signs this Agreement/Amendment, and shall terminate when all of the PHI
provided by the County to Contractor, or created or received by Contractor on behalf of
the County, is destroyed or returned to the County, and all ability to access such
information is terminated, or if it is infeasible to return or destroy PHI, protections are
extended to the information in accordance with the termination provisions in this
Agreement/Amendment.

        2.      Upon any Agency's knowledge of a material breach by Contractor or
violation of Contractor’s obligations under this Agreement/Amendment, the County may:
                a.      Notify Contractor of the breach and specify a reasonable
opportunity in this notice for Contractor to cure the breach or end the violation, and
terminate this Agreement/Amendment if the Contractor does not cure the breach or end
the violation within the time specified by the Agency. The Service Contract, including
any amendments, would also be subject to termination; or
                b.      Immediately terminate this Agreement/Amendment, if the
Contractor has breached a material term of this Agreement/Amendment and cure is not
possible in the County's reasonable judgment. The Service Contract, including all
amendments, would also be subject to immediate termination; or
                c.      If neither termination nor cure is feasible, the County shall report
the violation to the Secretary;
                d.      The County’s remedies under this Agreement/Amendment are
cumulative and the exercise of any one remedy shall not preclude the exercise of any
other.

       3.      This Agreement/Amendment terminates when the Service Contract
terminates.


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         4.      Except as provided in paragraph 5 or 6 of this section, upon termination
of this Agreement/Amendment, for any reason, Contractor shall, at the County's option,
return or destroy all PHI belonging to the County, or created or received by Contractor
on behalf of the County if in Contractor's possession. This provision shall apply to PHI
that is in the possession of subcontractors or agents of Contractor. Contractor and
subcontractors or agents shall not retain any copies of the PHI.

        5.     In the event that Contractor determines that returning or destroying PHI is
infeasible, Contractor shall provide to County notification of the conditions that make
return or destruction infeasible. Upon written agreement by the County that return or
destruction of PHI is infeasible, Contractor shall extend the protections of this
Agreement/Amendment to such PHI and limit further uses and disclosures of PHI to
those purposes that make the return or destruction infeasible, for so long as Contractor
maintains such PHI.

        6.     If it is infeasible for the Contractor to obtain any PHI in the possession of
a subcontractor or agent, the Contractor shall provide the notification in 5 above within
five business days upon learning of the infeasibility. The Contractor shall require the
subcontractor or agent to agree to extend the protections as in 5 above.

G.     MISCELLANEOUS

       1.      Nothing in this Agreement/Amendment shall be construed as requiring
the County to comply with the Security Rule requirements for covered entities prior to the
applicable federal compliance deadline.

       2.      Amendment; waiver.

               a.      The parties agree to take such action as is necessary to amend
 this Agreement/Amendment from time to time in order for the County to comply with the
 requirements of the HIPAA Privacy and Security Rules. The parties agree that any
 modifications to those laws shall modify the obligations of the parties to this
 Agreement/Amendment without the need for formal amendment of this
 Agreement/Amendment. Any other modifications, alterations, variations, or waivers of
 any provisions shall be valid only when then have been executed in writing.
               b.      No provision in this Agreement/Amendment shall be deemed
waived unless in writing, and duly executed. A waiver with respect to one event shall not
be construed as continuing, or as a bar to or waiver of any other right or remedy under
this Agreement/Amendment.




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        3.     Survival. The respective rights and obligations of the parties under the
following paragraphs shall survive the termination of this Agreement/Amendment:
               a.     Paragraph 9d of the section "ADDITIONAL BUSINESS
ASSOCIATE OBLIGATIONS OF CONTRACTOR"
               b.     Paragraphs 4, 5, and 6 of the section "TERM AND
TERMINATION"
               c.     Paragraphs 2b, 3, 4, 5, 7, 8, and 9 of the section
“MISCELLANEOUS" shall survive the termination of this Agreement/Amendment.

        4.      Interpretation; order of precedence. Any ambiguity in this
Agreement/Amendment shall be resolved to permit the County to comply with HIPAA
and the regulations promulgated in support. The terms of this Agreement/Amendment
supplement the terms of the Service Contract and, whenever possible, all terms and
conditions of this Agreement/Amendment and the Service Contract are to be
harmonized. In the event of a conflict between the terms of this Agreement/Amendment
and the terms of the Service Contract, the terms of this Agreement/Amendment shall
control, provided that this Agreement/Amendment shall not supersede any other federal
or state law or regulation governing the legal relationship of the parties, or the
confidentiality of records or information, except to the extent that HIPAA preempts those
laws or regulations. In the event of any conflict between the provisions of the Service
Contract as amended by this Agreement/Amendment and the Privacy or Security Rules,
the Privacy and Security Rules shall control.

        5.      Indemnity. In addition to any other indemnification obligations of
Contractor in the Contract, Contractor shall save, hold harmless, and indemnify the
County and its Commissioners, officers, employees, and agents from and against all
claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature
whatsoever resulting from or arising out of Contractor’s, or its agent’s or subcontractor’s
performance or failure to perform under this Agreement/Amendment, including but not
limited to, unauthorized use or disclosure of PHI.

      6.      Insurance. Contractor shall provide a certificate of insurance establishing
coverage for Contractor’s activities under this Agreement/Amendment.

        7.      Independent Contractor. Contractor will function as an independent
contractor and shall not be considered an employee of the County for any purpose.
Nothing in this Agreement/Amendment shall be interpreted as authorizing Contractor or
its agents, subcontractors and/or employees to act as an agent or representative for or
on behalf of the County.

       8.     Successors and Assigns. The provisions of this Agreement/Amendment
and the Contract shall be binding upon and shall inure to the benefit of the parties and



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their respective successors and permitted assigns, if any. Neither the obligations under
this Agreement/Amendment, nor the responsibilities for providing services, shall be
assigned or delegated by Contractor without the prior written consent of the County.

        9.      No Third-Party Beneficiaries. The County and Contractor are the only
parties to this Agreement/Amendment and are the only parties entitled to enforce its
terms. Nothing in this Agreement/Amendment gives, is intended to give, or shall be
construed to give or provide any benefit or right, whether directly, indirectly, or otherwise,
to any other third parties.

        10.     Notices. Any notices between the parties or notices to be given under
this Agreement/Amendment shall be given in writing by personal or overnight courier
delivery, or by mailing by certified mail with return receipt requested, to Contractor or to
the County, to the addresses given for each below or to the address either party gives to
the other. Any notice so addressed and mailed shall be deemed given five days after
mailing, or by facsimile. Any notice delivered by personal or overnight courier delivery
shall be deemed given upon receipt. Any notice by facsimile shall be deemed given
upon confirmation that notice was received.

Contractor:                                    County:



        11.  Except as Amended. Except as amended by this
Agreement/Amendment, all terms and conditions of the Service Contract, including any
prior amendments shall remain in full force and effect.

        12.    Signatures. By signing the Agreement/Amendment, the parties certify
that they have read and understood this Agreement/Amendment and that they agree to
be bound by the terms of this Agreement/Amendment.

        13.     This Agreement/Amendment may be executed in any number of
counterparts, all of which taken together shall constitute one agreement binding on all
parties, notwithstanding that all parties are not signatories to the same counterpart.
Each copy of this contract so executed shall constitute an original.

Contractor                                     County




Date:                                          Date:


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