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HomeMy WebLinkAboutMINUTES - 09232003 - D.3 .:. TO: BOARD OF SUPERVISORS ���� .� Contra FROM: INTERNAL OPERATIONS COMMITTEE ; Costa s. DATE: SEPTEMBER 3, 2003 ``°'., c', ou my SUBJECT: CONTRACT TO PROVIDE EMERGENCY TELEPHONE NOTIFICATION (RINGDOWN) SYSTEM SERVICES SPECIFIC REQUEST{S}OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ACKNOWLEDGE that in 1999, when the Board of Supervisors decided to continue its contract with the Community Alert Network for provision of emergency telephone notification system services, it also approved the notion of reviewing the contract again in three years, after other system providers gained experience in the industry. . ACKNOWLEDGE that with the transfer of responsibility for the emergency telephone notification system from the Health Services Department to the Sheriff, the Board requested the Sheriff to evaluate other system providers and report back to the Internal Operations Committee. 3. ACCEPT the recommendation of the Project Team convened by the Sheriff to evaluate proposals submitted by providers of emergency telephone notification systems, and ACKNOWLEDGE RECEIPT of reports and information, attached, considered by the Internal Operations Committee in formulating its recommendations. 4. AWARD and AUTHORIZE the Sheriff-Coroner to execute a contract with Dialogic Communications, Inc., in the amount of$195,104 to provide an emergency telephone notification (ringdown) system plus two-years system maintenance for the period September 1 , 2003 through September 14, 2905. 5. STIPULATE that the contract shall include performance incentives and penalties. FISCAL IMPACT: The cost of this contract is funded completely through Certified Unified Program Agency (CUPA)fees. CONTINUED ON ATTACHMENT----- YES.... ....._................... .-.,.'SIGNATURE,M +.. -- ..... "I ...ar:... RECOtAMENDATkON OF COUNTY ADMINISTRATOR RECOMME ArIiON OF-BOARD COMMITTEE APPROVE OTHERX. 3 SIGNATURES ' , LE B. Ui K tTA FBdE L D,,-GLOVER.............................................I.....................------------- ACTION OF BOARD ONER I APPROVE.AS RECOMMENDED YL OTHER � 'LEASE SEE ADDENDUM ATTACHED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT NONE AND CORRECT COPY OF AN AND ENTERED ON MINUTES IOF THE ON EN BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT; ABSTAIN: ATTESTED:SEPTEMBER 23, 2403 CONTACT: JULIE ENEA(925)335-1077 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: INTERNAL OPERATIONS COMMITTEE STAFF SHERIFF-EMERGENCY SERVICES DIVISION a COUNTY ADMINISTRATOR ,. HEALTH SERVICES-HAZAROOUS MATERIALS PROGRAM j s BY., � � .DPUTY Contract for Emergency Telephone (Ringdown) System September 3, 2003 Internal Operations Committee Rage 2 BACKGROUND: On October 1, 2002, the Internal Operations Committee recommended to the Board of Supervisors, and the Board approved, retaining the Community Alert Network as the provider of an emergency telephone notification (ringdown) system to alert the public to hazardous materials releases or other emergencies. In addition, the Board requested the Sheriff, which recently assumed responsibility for the system, to evaluate the current system and report back to the Board through the Internal Operations Committee in six months. The Board also directed the Hazardous Materials Program Director to work with the Sheriff to explore with other vendors their willingness to enter an agreement to provide services, in the event of a cancellation with current vendor, and to return to the Board of Supervisors within 30 days with information. On March 3, 2003, the IOC received a status report, attached, from the Community Warning System Manager on the Request for Information and Request for Proposals issued by the Sheriffs Department in anticipation of the December 31 expiration of the County's contact with the Community Alert Network. Thirteen vendors were sent the RFI documents and eight responded on March 20, 2003. Five vendors were short-listed (selected) from this group based on their experience, ability to meet standards, competitive comparisons, and industry performance. The RFP was issued by the General Services Department on March 31, 2003 and presentations were made on April 11. Proposals were evaluated by a Community Warning System Technical Advisory Committee (CTAC) Project Team comprising a cross section of the County, including: Community Representative Purchasing -- GSD County CAER Director Sheriff Dispatcher County OES Sr. Planner Search & Rescue Mgr. San Ramon Fire Chief County CWS Manager Volunteer Services Mgr. Industry— Shell CWS Asst. Proj Manager Sheriff Technical Services Community College -- DVC City OES — Berkeley Health Services-- HazMat City OES -- San Ramon The Project Team requested Scenario Demonstrations to further evaluate three vendors. Scenario testing was conducted on April 23 and included a hazardous materials plume, a grid, and a English/Spanish translation. As a result of the testing, the Project Team selected Dialogic Communications Corporation. On May 5, the IOC received the attached report from the Office of the Sheriff transmitting the Project Team's recommendation to select Dialogic Communications Corporation as the provider of the County's emergency telephone notification (ringdown) system, The IOC approved this recommendation and proffered it to the Board of Supervisors on August 5, 2003, after the terms of a contract had been developed and could be recommended to the Board. On August 5, 2003, the Board decided to continue consideration of the IOC recommendation until September 9, 2003, and requested that all of the information considered by the IOC in developing its recommendations be transmitted to the Board of Supervisors. The requested information is attached. Also attached are responses prepared by the Office of the Sheriff to specific questions submitted by Intrado, one of the system vendors that had qualified for the short list. These questions are very valid in this type of critical system selection. The Sheriffs responses demonstrate that the solution proposed by the recommended vendor, Dialogic Communications Corppration, in combination with the County's existing staff and infrastructure, meets the Coutity's technical requirements and the technical tests submitted by Intrado. ADDENDUM D.3 September 23, 2003 On this day, the Board considered approving and authorizing the Sheriff= Coroner to execute a contract with Dialogic Communications, Inc., in the amount of $195,100 to provide an emergency telephone notification (ringdown) system for the period September 15, 2003 through September 14, 2006 and stipulate that the contract shall include performance incentives and penalties, as recommended by the Internal Operations Committee. Undersheriff Ron Jarrel presented the report. The Board discussed the matter, the public hearing was opened, and the following person appeared to speak: Cathie M. Matson, 1214 Mariposa Street, Rodeo, (Member of T.E.N.S. Vendor Selection Committee) All those desiring to speak having been heard, the Board continued their discussions, and made the following motion. • ACKNOWLEDGED that in 1999, when the Board of Supervisors decided to continue its contract with the Community Alert Network for provision of emergency telephone notification system services, it also approved the notion of reviewing the contract again in three years, after other system providers gained experience in the industry, • ACKNOWLEDGED that with the transfer of responsibility for the emergency telephone notification system from the Health Services Department to the Sheriff, the Board requested the Sheriff to evaluate other system providers and report back to the Internal Operations Committee; • ACCEPTED the recommendation of the Project Team convened by the Sheriff to evaluate proposals submitted by providers of emergency telephone notification systems, OFFICE OF THE SHERIFF � � warren E Rupf Contra Costa County SHERIFF-CORONER Emergency Services Division Ronald Jarrell 50 Glacier Drive 'F UNDERSHERIFF Martinez,California 94353 r . (425)6464461 Date: July 18, 2003 To: Julie Enea, Senior Deputy County Administration From: Scutt Parsons, Captain,.Emergency Services Division By: Elizabeth Klute,Manager,Community Warning System Subject: Follow-up to request for information on telephone emergency notification system (TENS) selection The Office of the Sheriff is happy to respond to your request for information on the technical merits of the proposed county telephone emergency notification system vendor. This request is based on information received from one of the participants, Intrado Inc. This project Was completed by the Community Warning System Technical Advisory Committee(CTAC), Ringdown Selection Sub Croup (RSSG). The CTAC RSSG Project Team is comprised of a cross section of the County and included a: 1- Community 6- Health Services-- 11-City UES--Berkeley Representative HazMat 12-City UES —San Ramon 2- Sheriff Dispatcher 7- Purchasing--GSD 13-County CAER Director 3- San Ramon Fire B Chief 8- County UES Sr. Planner 14-Search& Rescue Mgr. 4- industry--Shell 9- County CWS Manager 15-Volunteer Services 5- Community College-- 10-CWS Asst Proj Mgr, DVC Manager 16-Sheriff Tech Services Very specific technical specifications Were employed as a part of the selection criteria. Vendors Who did not meet the minimum technical criteria Were not asked to continue in the RFP process. Unfortunately Intrado did not demonstrate they met the technical or documentation requirements in their request for proposal; (RFP) response and the selection team chose to remove them from further consideration. For instance, they did nvt"support the import of hazardous materials plumes, a requirement of the system. They were the only vendor that chose not to demonstrate their product and not to respond to the required technical functional requirements matrix. What follows is the vote to select the top three vendors. Thirteen of the sixteen team members were involved in the RFP voting. Table I --Final voting Phase 2, RFP for Telephone Emergency Notification System e CANS oW s Ef[ESE<tLCYsit CCi E.Y#it . iS11R 4igUSTRY, ,, FERE SAN ROOMON K2 i YS'f N6 )AD '#13SE4Ultifi[C�SYPanat The questions provided by Intrado to Supervisor Ulkima are very valid in this type of critical system selection. Several other vendors also provided guidance to the County to help us in this process. We value the professional and technical knowledge of all of the vendors who responded to our request for information and proposal. Intrado provided similar, more extensive questions to the County in April 2003 as guidance to help in the selection process. The selection team utilized these questions in the final interviews of the three remaining vendors as we wish to assure the County implements a robust and sound telephone emergency notification system. We thought it was important to provide responses to the questions raised in Intrado's memo. Questions to Consider r ► .l. Can the system place thousands of calls in minutes without choking your telephone network or having calls blocked? Yes, The capacity of calls that telephone emergency notification systems support depends on the capacity of the local telephone switch. In our case we have four SBC telephone switches that can handle the capacity proposed in the selected vendor solution. Yes, The selected vendor has a software function in their solution that allows them to bypass call blocking. 2. Does the provider offer 24x7x365 technical and operational support from public safety trained professionals? Yes, The County model for emergency response to CWS incidents is based on coordination and cooperation"between Heath Services, COMM I, and ConFire Dispatch for activation of any component of the CWS. Staffs are all public safety professionals. The vendor selected has 240065 technical support as a part of the system. 3. Is the data used to create the outbound calling database kept accurate by an organization with significant public safety database experience? Yes, The county's SBC 911 database is maintained on a daily basis by SBC using Intrado tools. SBC is responsible for the 911 databases they provide to their customers and choose not to contract this warp out to a commercial vendor. 4. Does the system offer geographic and operational redundancy? Yes, In three locations; the County, Primary Center in Franklin, TN, Backup in Tuson, AZ. The phone lines also have three levels of redundancy from the TN and AZ locations. 5. Is the system's infrastructure solely dedicated to emergency notification- applications? Yes 6 Can the system support launching emergency notifications with just a phone call? Yes, An RFP requirement. 7. Is the systems providerfinancially Inancially stable and does the local phone company (S.BQ support the solution? Yes,Financials will be provided on request, however the company has $17.1 Million in sales last year and counts the White House, the Pentagon, and California State 4BS as sample clients. Yes, SBC is supporting the system as the provider of the switches, utility sub carrier, and the 911 data for the system. The Office of the Sheriff and the Community Warning System Technical Advisory Committee, including Health Services and CAER, are comfortable that they have not selected a sub-standard emergency telephone notification system. What follows is an overview of the selection process. Should the Board or IU Committee request. the Office of the Sheriff will provide additional documentation associated to this selection process. > Thirteen (13) vendors responded to the RFI process on March 20, 2003. ➢ Five (5) vendors were short-listed (selected) from this group based on their experience, ability to meet standards, competitive comparisons and industry performance. A copy of the Professional/Personal Services Outreach Program was provided to the venders to encourage SBE Outreach. The RFP was sent out by GSD March 31, 2003 with vendor live presentations on April 11, 2003. Intrado and SurfSimple were removed from the process by a unanimous vote of the team. ➢ Selection team requested Scenario Testing to further evaluate three(3) venders. ➢ Scenario Testing of CAN, DCC, and AVTEX was held April 28, 2003. After a very exhaustive selection process, the CTAC Telephone Ringdown Team selected DCC (Dialogic) as the preferred vendor for a County Telephone Ringdown System and recommends the Office of the Sheriff upon approval of the Board of Supervisors, enter into a contractual relationship with the chosen vendor. This contract will include performance level incentives and penalties. We sincerely hope we have provided the information you need. If you have additional questions or need clarification,please feel free to contact the CVIS Manager, Lis K.lute, at 925-646-4461. f ► Questions to Consider 1. Can the system place thousands of calls in minutes without choking your telephone network or having calls blocked? 2. Does the provider offer 24x7x365 technical and operational support from public safety trained professionals? 3. Is the data used to create the outbound calling database kept accurate by an organization with significant public safety database experience? 4. Does the system offer geographic and operational redundancy? 5. Is the system's infrastructure solely dedicated to emergency notification applications? 6. Can the system support launching emergency notifications with just a phone call? 7. Is the system's provider financially stable and does the local phone company (SBC) support the solution? If Contra Costa's selected provider answers with anything other than a simple "yes" to any of the above then unfortunately the lives and safety of Contra Costa's citizens and your constituents may be compromised due to the reliance on a sub-standard emergency telephone notification system.. t t KOC Packet 5/5103 0.40 Item 2003 INTERNAL OPERATIONS COMMITTEE STATUS OF THE SHERIFF'S REVIEW OF THE EMERGENCY TELEPHONE RINGDOWN SYSTEM AND THE JOINT REVIEW WITH THE HAZARDOUS MATERIALS PROGRAM OF A BACK-UP VENDOR FOR THE SYSTEM On October 1, 2002, the Internal Operations Committee recommended to the Beard of Supervisors, and the Board approved, retaining the Community Alert Network as the provider of an emergency telephone notification (ringdown) system to alert the public to hazardous materials releases or other emergencies. In addition, the Board requested the Sheriff,which recently assumed responsibility for the system, to evaluate the current system and report back to the Beard through the Internal Operations Committee in six months. The Board also directed the Hazardous Materials Program Director to work with the Sheriff to explore with other vendors their willingness to enter an agreement to provide services, in the event of a cancellation with current vendor, and to return to the Board of Supervisors within 30 days with information. On March 3, 2003, the IOC received a status report from the Community Warning System Manager on the Request for Information and Request for Proposals issued by the Sheriff's department in anticipation of the contract expiration with the Community Alert Network. The IOC accepted the report and requested the CWS Manager and Hazardous Materials Director to return to the IOC with recommendations for the emergency telephone ringdown system. May 5, 20103 Attached is a report from the Sheriff with a recommendation that upon contract expiration on December 31, 2003, the Sheriff, on behalf of the County, contract with DCC (Dialogic) for a County Telephone Ringdown System. Sheriff and Hazardous Materials Program staff will be present to discuss the selection process and criteria with the IOC. r , r, OFFICE OF THE SHERIFF warren E Rupf Contra Costa County SHERIFF-CORONER Emergency Services Division s Ronald Jarrell $a Glacier hive m, UNDERSHERIFF Martinez,California 94553 (925)646-4451 Date: April 29,2003 To: Julie Enea,Senior Deputy County Administration From: Scott parsons, Captain,Emergency Services Division 'i By: Elizabeth Klute,Manager, Community Warning System Subject: Office of the Sheriff,Telephone Ring-Down System Recommendation The Community Alert Network service contract expires Dec. 31, 2003. At the Board of Supervisors request, a recommendation for the County Telephone Ring-clown System has been developed by the Office of the Sheriff, CWS Technical Advisory Committee (CTAC). A comprehensive Request for Information (RFI), Request for proposal (RFP) and Scenario Testing Demonstrations were completed in anticipation of the deadline for expiration of service. The follow is a brief overview of this project: The CTAC Telephone Ringdown Selection Sub Project Team was comprised of a cross section of the County and included a: 1- Community Representative 7- Purchasing—GSD 13-County CAER Director 2- Sheriff Dispatcher 8- County OES Sr. Planner 14-Search & Rescue Mgr. 3- San Ramon Fire B. Chief 9- County CWS Manager 15-Volunteer Services Mgr. 4- Industry—Shell 10-CWS Asst Prof Manager 16-Sheriff Tech Services 5- Community College—DVC 1 I-City OES--Berkeley 6- Health Services--HazMat 12-City OES—San Ramon ii t ➢ Thirteen (13) vendors were sent the RFI documents, eight(8) responded on March x 20, 2003 ➢ Five (5) vendors were short-listed (selected) from this group based on their experience, ability to meet standards, competitive comparisons and industry performance. A copy of the Professional/Personal Services Outreach Program was provided to the vendors to encourage SBE Outreach. A The RFP was sent out by GSD March 31, 2003 with presentations on April 11, 2003. i n Ora doQ' Public Safety Informed Response." ZntelliCast BENEFITS • cost effective mass Target Notification notification the most coat effective .lass notification tool available for > Accurate event targeting rapidly dlstribut/rig' critical information in a crisis. > tow total cost of ownership i Emergency Notification Communities nationwide are realizing > Minimal training and no they need to add emergency notification to additional headcount their public safety tool kit. With virtually r, every person in the nation reachable via wire } �:t line telephone, there is no more > Available virtually comprehensive means available to rapidly wherever and whenever _.r- }' " distribute critical information in a crisis. needed `' As the .nation's trusted source for 5-1-1 > Backed by lntratto---the �. . ' , fv, database management and call routing, leader In public safety there is no organization better able to help database management and you do emergency telephone not�'llcadon emergency call routing is well than 1ntrado. M M. Critical requirements for effective emergency notification THE FOLLOWING ORGANIZATIONS ARE At minimum, elected officials and public safety personnel need to ask the following questions of any emergency notification provider they are considering: PROUD PARTNERS Of INTRADO: IR 1. Is the service's infrastructure primarily dedicated to emergency notification? 2. Is the vendor financially stable and willing to share financial statements? 3. Does the provider offer 24 x 7 technical and operational support from public safety trained staff? 4. Does the service offer full operational and geographical redundancy? 5. Roes the vendor have a demonstrated ability to accurately manage public may, safety data, integrated with precise mapping information? 6. Does the vendor have a proven ability to place thousands of calls in minutes, with safeguards in place to minimize network congestion? -p f • 7. Is the service available and accessible from any place, at any time, and will it be unaffected by a local crisis? 8. Can call out events be initiated in minutes? CENTERFORM 9. Is the vendor willing to share actual statistics from recent call out events as MUM"Cl & proof of their abilities? "LOMD I l b R F If the answers to the above are anything other than a simple "yes" then we encourage you to give us a call, before someone in your organization decides to (ryi purchase an inadequate system. Most accurate data available IntelliCast Target Notification uses extracts of the 9-1-1 database, the only source ' that contains all unlisted and unpublished numbers, because in some areas4' hY k` unlisted numbers alone can account for more than one out of every two records. Pius, we manage and update these records regularly for you for maximum �. accuracy,just as we do for most of the nations E9-I-] data. + most efficient calling capacity available ;��I,t IntelliCast Target Notification can place thousands of calls in minutes so you can h`,? o �• { quickly reach as few or as many individuals as you need. } ;,; ;;, rinr,»ed Response." Most precise event targeting available ; h i yy k ; 2003 Intrado tnc Longmont Colorado,USA--All IntelliCast Target Notification geocodes each telephone number to a specific ,, tt iights.reserved.Intrado;"lntrado and logo,Intrado -,'Itrgt physical address, not just zones, block or zip codes. You have the flexibility to ' triangle beacon design,Wohned.Response, IntelliCast,ana IntelliCast in logo are trademarks reachrecisel those you d to, whethddire " �' � an'd!orstfvtce marks oftntradoInc.in the.Untied p y y neewhether a single aress, an entire 4t'r ui States othercountries,orboth, neighborhood, or an entire community. And because our data source is the 9-1-1 database, you know your telephone notification will be as thorough, accurate and NSF I up-to-date as possible. �� � � t,= F Low total cost of ownership With Intrado, you only need to select your target area and prepare the notification message. Intrado will take it from there. � F IntelliCast 'Target Notification is a service, with no equipment to buy, install, t�a house, maintain, test, or upgrade. And there is no additional staff to hire, support or train. �r s It wtf n 44Y a .• '. - staff of experienced, emergency professionals are available 24 hours a day, F' .I days a week, to help you set up a call or launch an event. Your team is free of the time commitment, cost, and responsibility of maintaining an inhouse notification system so everyone in your organization can concentrate on doing Sk16, what they do best, protecting the public. TJ rl�,y yPP ,Gy We built our business on public safety database management � When it comes to the management of inbound 9-1-1 data, public safety officials throughout the nation rely on Intrado products and services--with proven results. We mite you to put your trust in Intrado's expertise to manage your outbound emergency database as well. a �� friifadq Inc. Contact us today: 1.877.856.7504 or online at www.intrado.com t6olt bry creek Drive Call Intrado today to discover the unique advantages of IntelliCast Target ';ten`9m4tlt,CO 80503 Notification, and you'll soon be enjoying the benefits that the best telephone � t�lle 303`581'5800 fax 303.58.1.0900 notification service available can bring to your organization. ` y.In#rd .ealrr s g< 4 •i.to w i n t'r d o' Informed Response.` in-telli C t Target Notification Frequently Asked Questions We have compiled the following list cif frequently asked questions to provide you with a quick reference guide on IntelliCast Target Notification. Have a question about an area we didn't cover? Call an IntelliCast Account Manager at 1.800. 543.7252. a I. What is Target Notification? Intrado's IntelliCast Target Notification is an integrated outbound telephone notification service designed,developed, and maintained by Intrado—the nations largest provider of E9- I-i services.This service allows users to quickly identify, notify,and provide instructions to a designated population within minutes. 2. How does it work? Intrado creates a database that matches telephone numbers and corresponding street addresses typically accurate to within 10-meters.The customer,over the phone or through a secure Internet interface,identifies a targeted population and records the desired message.The service then launches up to 1,152 calls simultaneously,enough to contact thousands of people in minutes while not overloading most networks. 3. How are outbound calls made? With proper passwords and I.D.'s,customers initiate events either via their own Internet connection or by phone with the assistance of Intrado's.Emergency Call Relay Center(ECRL)24 hours a day,seven days a week.The ECRL will not launch an event without the proper password and user ID provided at the time of event initiation. 4. How does the service know where to deliver the calls? Customers define the event boundaries for each event. Using Target Notification customers can create pre- planned event boundaries,dynamic("on-the-fly")boundaries,and call lists.Further,they can define pre-planned and dynamic event boundaries by a specific point (e.g.,address or intersection)and a specific radius(in feet or miles)around that point.The system will then determine which addresses are located within that area and will call each associated telephone number. 5. How is the voice message created? Customers create pre-planned(and pre-recorded)or real-time voice messages by calling the Voice Message Center's(VMC)toll-free number and following the automatic voice prompts. Access to the VMC is controlled by customer-defined PIN and other security. i + 6. How fast can the message be delivered? e Cance a customer defines the target area,records the desired message,and initiates the event's launch,Intrado delivers 1,152 simultaneous calls. With a 30 second message that means that up to 2,304 calls are delivered every minute, 7. How do 1 know that the outbound calling was successful? A customer can monitor an event's progress live via his/her Internet connection with Intrado's secure server. Intrado also provides a summary report within 15 minutes of the event's conclusion that outlines its success. Finally,Intrado delivers a highly detailed report of the event listing each phone number and whether the call was completed,if a person or an answering machine picked up the phone, if the line was busy,or if there was no answer. k' s & 'What are the advantages of Intrado's IntelliCast Target Notification over Emergency Notification methods? IntelliCast Target Notification is the fastest,most accurate notification service available. > Extracted from the most accurate data source available,the E9-1-1 database > Massive calling capacity,enough to call thousands of individuals in minutes 9 Targets a geographic area more precisely than any other system or service available > Service representing a low total cost of ownership as there is no equipment to purchase,install, maintain,!or upgrade ➢ Minimal training and no additional headcount ➢ Backed by Intrado's expertise in public safety database management 9. What about training? As a service,IntelliCast Target Notification requires minimal training. If launching via the phone,all you need to do is call our Emergency Call Relay Center(ECRL)and relay your instructions. If launching via the Internet, minimal knowledge of operating a windows based application is all it takes. flus,our emergency-dispatch trained staff is there to support you 24x7x365.And finally,all users have unlimited access to a training server so you can run through as many scenarios as you like,whenever you want. 10. How many customers do you have and who is your largest? Currently we work with numerous counties and cities throughout the Qwest region. We manage over 3 million records daily and expect that figure to more than double within the next 12-months.Our largest customer is the city and county of Denver and We are currently in negotiations with several other large urban metropolitan areas both inside and outside of the Qwest region. 11. How do you ensure our central office(CO)switch won't get overloaded? In practice the events we have launched have typically included from 1,000 to 2,000 TNs and the actual impact on COs has proven to be minimal. In fact we have not once overloaded a network.Also we are able to stripe our outbound calling so that our maximum capacity of 1,152 lines will not hit a specific switch at exactly the same time. 12. Is your service redundant and secure? Out service has complete physical and geographical redundancy. If for some catastrophic reason one of our systems goes down, we maintain a complete duplicate system in a separate location. We update the duplicate system concurrently with the master system to ensure up-to-date data accuracy and availability. Regarding security,our company's core business is managing the highly confidential E9-1-1 database, which we have successfully safeguarded for years. We employ firewalls and other security measures to do so. In fact, we even employ an outside agency to try and hack into our system as an additional safeguard. We know better than any other vendor what it takes to keep highly confidential information highly confidential. About Intrado t Intrado(NASDAQ.TRDO)is the largest provider of 9-1-1 data management services to incumbent local exchange carriers(ILECS),competitive local exchange carriers(CLECS),integrated communications providers (ICPs)and wireless carriers in the United States. Intrado manages the data that allows routing of 9-1-1 calls to the appropriate answering point and delivers accurate information about the caller's location and potential first responders with the call.Intrado provides E9-1-1 services in 47 of the 48 continental United States.The company also develops innovative,value-added information technology systems and software products for the public safety industry. For more information call us at 1,800.843.7252 or visit us online at www.intrado.com. > Selection turn requested Scenario Demonstrations to further evaluate three (3) vendors. Scenarios included a Hazmat plume, a grid, and a English/Spanish Translation. ➢ Scenario Testing of CAN, DCC, and AVTEX was held April 28, 2003. > Final voting on selection. DCS(9),CAN—gree (3),,Avtex—0 The DCC Solution includes an on-site system and an off site system for local and large- scale activation. After a very exhaustive selection process, the CTAC Telephone Ringdown Team selected UCC (Dialogic) as the preferred vendor for a County Telephone Ringdown System. We recommend the Office of the Sheriff enter into a contractual relationship with the chosen vendor, This contract will include performance level incentives and penalties. Vxidr+r ShprttRFP . Shc+ztlist Sceziarin Seectd lespc�n ? 'Repor�s Respors ASCI X Avtex X X X X X Centerpost CAN X X X X X DCC X X X X X X DCS First Call Intrado X X X Relay Systems Reverse9ll X SurfSimple X X X Teleminder X VRiSKt _ x For additional information or clarification please contact Elizabeth Klute, Community Warning System Manager at(925)646-4461. Cc. P. Clancy,Commander, SO S. Parsons, Captain, SO S. Sutter,Fiscal Officer, SO L. Pscalli, Director, HS E. Klute,Manager, SO IOC Packet 313/03 9:35 Item 2003 INTERNAL. OPERATIONS COMMITTEE STATUS OF THE SHERIFF'S REVIEW OF THE COMMUNITY WARNING SYSTEM AND THE JOINT REVIEW WITH THE HAZARDOUS MATERIALS PROGRAM OF A BACK-UP VENDOR FOR THE EMERGENCY TELEPHONE RINGDOWN SYSTEM On October 1, 2002, the Internal Operations Committee recommended to the Burd of Supervisors, and the Board approved, retaining the Community Alert Network as the provider of an emergency telephone notification (ringdown) system to alert the public to hazardous materials releases or other emergencies. In addition, the Board requested the Sheriff/Office of Emergency Services (OES), which recently assumed responsibility for the system, to evaluate the current system and report back to the Board through the Internal Operations Committee in six months. The Board also directed the Hazardous Materials Program director to work with the OES to explore with other vendors their willingness to enter an agreement to provide services, in the event of a cancellation with current vendor, to return to the Board of Supervisors within 30 days with information. March Attached is a status report from the Office of Emergency Services on the process and timeline for evaluating the current system, and on progress to date. Liz Klute from OES and Lewis Pascalli Jr., the Hazardous Materials Program Manager will be present to discuss the OES report and the matter of a backup vendor for the current system vendor. OFFICE OF THE SHERIFF Warren E Rupf Contra Costa County SHERIFF CORONER Emergency Services Division ;? Ronald Darrel 50 Glader Drive LMERSHER.1FF Martinez,California: 94553 a� (925)646 4461 Date: 27 February,2003 To Julie Enea, Senior Deputy County Administration From: Lis Mute,Manager, Community Warning System �/ By: Debbie Vanek, Sr. Emergency Planning Coordinatonv Subject: Ring-Down System RFL`RF'P Status Report The Community Alert Network service contract expires Dec. 31, 2003. At the Beard of Supervisors request, a Request for Information(RFI) and Request for proposal(RFP) are beefing conducted in anticipation of the deadline for expiration of service. The follow is a status of this project: A RFI vendors were chosen for this specialized field on their experience, a rtj.to meet standards, competitive comparisons and industry performance. A copy of ihie Professional/Personal Services Outreach Program is included in the package at Appendix E. ➢ A draft:RFI has been sent to CCC General Services,Purchasing Dept. for approval and is anticipated to be approved Monday, March 03,2003. A Response to this RFI due by 5:00pm Friday March 14,2003. A Short-listing notification will go out Monday March 17, 2003. *~ r ➢ Presentation will be scheduled the week of March 31, 2003. A Vendor selection anticipated for April,2003 � a CL M J CL d CD 00' Cp a m p Cn try No a 0 w 0 ' @ c (D ° � ( L cz 2 ih' 0 o f -4 2 Z. N ccs ca .0 W CD Cn Cn b 0 oa C1 (DC3 0 o w t 5 � N NN co O to CD x �t tX> G3 Chi � 0) n — 3 C) m 0 m Co a (D ro a rn w 9 ' w . " --4 -4 cin o W --► } 00) WWtoM w -400 .0 OWN " OWL" 0Q> 4t► 0 (AW `D � G� yWwt7 - CP W00 -� h,> Cnto <7Dh3W 1v -.taic? -� Wa c� i r W r r 4 = r CD CD t)t (A) W CD ..� to 000 CLQ iV 0 f7f Cf .G► 0 W `n C> W N) IV 1V CCtt W (A -i 00 0 � 0 CO X N 0 N to -► � -4N � (n � 0 -n( } 00 t" r•r m i + d r- M A3 cr CD -t < SLt 0 + .ti O TO: ,BOARD OF SUPERVISORS contra FROM: INTERNAL OPERATIONS COMMITTEE Al Costa DATE: SEPTEMBER 24, 2002 2 County SUBJECT; RECOMMENDATION TO RETAIN COMMUNITY ALERT NETWORK AS THE COUNTY'S EMERGENCY TELEPHONE NOTIFICATION (RINGDOWN) SYSTEM PROVIDER SPECIFIC REQUEST($)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION R MM N ATI N: 1. RETAIN the Community Alert Network as the County's emergency telephone notification (ringdown) system provider. 2. REFER to the Sheriff/Office of Emergency Services this matter and request that the next contract for such services include performance level incentives and penalties. BACKGROUND: fes c� A request for information (RFI) was made in October 1999 to evaluate the status of the ffR County's system and to determine the state of the art for emergency telephone notification systems. As a result of the RFI, the evaluation team ranked the CAN system first, and the , Board of Supervisors decided to continue the CAN contract. However, the Board also CA approved the notion of reviewing the contract again in two to three years, after other system providers gained experience in the industry. On November 6, 2001, the Beard of Supervisors referred to the Internal Operations Committee (IOC) the development of a request for proposals (RFP) for a new emergency telephone notification (ringdown) system similar to the current Community Alert Network (CAN) system. Similarly, the Grand,Jury, in a June 14, 2002 report, recommended that the Board direct the appropriate county department to research, select, and implement a more effective system of informing the county population of the occurrence of an emergency alert. At its March 4, 2002 meeting, the ICC directed Lewis Pascalli, Hazardous Materials Program Director, to develop an RFI along the lines of the 1999 RFI, but with the addition of incentives and penalties based on expected performance: On April 15, the IOC approved the RFI prepared by Mr. Pascalli and directed that it be sent out with a response deadline of May 31, 2002. CONTINUED ON ATTACHMENT: NO COMM SIGNATURE90N N ... ..............,.» EGOMMEE DATION OF COUNTY ADMINISTRATOR ROF BOARD COMMITTEEAPPROVE ,,,,,,,,,,,,,OTHER . .....».M.y.. .... ... MARK DaSAULNIER,CHAIR ACTION OF BOARD ON QWM 1 2002 �;�SpRtOVE AS REGOMIvIENDEt7µ�µ..OTIiEFt X..,.....w•... }TH.. SEE AIr?I7FLM ATTACH. �i i hereby certify that this is a true and correct VOM OF SUPERVISORS copy of an action taken and entered on the minutes of the Board of Supervisors on the MIANz MS()MENT ) date shown. AYES: : ATTESTED: JOHN SWEETEN, Marko #fie Board Ass�vr: ABSI`A1N: of Supervisors ander aunty A rrlln€strratcr COOM AC,T: .1MZ ESA (925) 335-1077 By t neputy IEWIS PASCAUX, RMALMH C r rrr W" TO ZO "ammy1s Cr ,Sc CcLvrf-AMMAc ;: ADDENDUM SD.2 October 1, 2042 On this date, the Board CONSIDERED the recommendation to retain the Community Alert Network as the County's Emergency telephone notification (ringdown) system provider. The Board took the following action, and • APPROVED the recommendation to retain the Community Alert Network as the County's Emergency telephone notification(ringdown) system provider; • REFERRED this matter to the Sheriff/Office of Emergency Services and the Internal Operations Committee, to return to the Beard with an update report within 6 months; • REQUESTED that the future contracts for such services include performance level incentives and penalties; • and DIRECTED Hazardous Materials Program Director to work with the Emergency Services Office to explore with other vendors their willingness to enter an agreement to provide services, in the event of a cancellation with current vendor, to return to the Board of Supervisors within 30 days with information. IOC Packet 9/16/02 9:40 a.m. Item 2002 INTERNAL OPERATIONS COMMITTEE REQUEST FOR PROPOSALS/INFORMATION FOR. A NEW EMERGENCY TELEPHONE NOTIFICATION SYSTEM On November 6, 2001, the Board of Supervisors referred to the Internal Operations Committee the development of a request for proposals (RFP) for a new emergency telephone notification (ringdown) system similar to the current Community Alert Network (CAN) system. A request for information (RFI) was mane in October 1999 to evaluate the status of the County's system and to determine the state of the art for emergency telephone notification systems. As a result of the RFI, the evaluation team ranked the CAN system first, and the Board of Supervisors decided to continue the CAN contract. However, the Beard also approved the notion of reviewing the contract again in two to three years, after other system providers gained experience in the industry. At its March 4, 2002 meeting, the IOC directed Lewis Pascalli, Hazardous Materials Program Director, to develop an RFI alone the lines of the 1999 RFI, but with the addition of incentives and penalties based on expected performance. On April 15, the IOC approved the RFI prepared by Mr. Pascalli and directed that it be sent out with a response deadline of May 31, 2002. On July 15, 2042, the Committee reviewed the RFI results. Of the five responses received, the screening committee eliminated two and was unable to rank the top three based only on the written proposals. On July 23, the IOC reported out to the Board of Supervisors and recommended that the screening committee schedule presentations with the top three vendors, and return to the IOC in September with a ranked list of vendors, 15g2WmbjLr 16, X092 Attached is a follow-up report from Mr. Pascalli recommending that the County retain the Community Alert Network as the County's emergency telephone notification (ringdown) system. The report explains that the Evaluation Panel was equally dividegl on two vendors that were seen to have comparable strengths. In the absence of consensus, Mr. Pascalli is recommending CAN for reasons specified in the report. s r Recommendation on Emergency Telephone Ringdown System September 24, 2002 Page 2 On July 15, 2002, the IOC reviewed the RFI results, Of the five responses received, the screening committee eliminated two and was unable to rank the top three based only on the written proposals. On July 23, the 14C reported out to the Board of Supervisors and recommended that the screening committee schedule presentations with the top three vendors, and return to the IOC in September with a ranked list of vendors. On September 16, 2002, the IOC received the attached follow-up report from Mr. Pascalli recommending that the County retain the Community Alert Network as the County's emergency telephone notification (ringdown) system. The report explains that the Evaluation Panel was equally divided on two vendors that were seen to have comparable strengths. In the absence of consensus, Mr. Pascalli recommended that the CAN system be retained for reasons specified in the report. The IOC concurs with Mr. Pascalli's recommendation, and also recommends that this matter be referred to the Sheriff when he assumes responsibility for the system under the Office of Emergency Services, and that the next contract for such services include performance level incentives and penalties. CONTRA COSTA COUNTY HEALTH SERVICEs DEPARTMENT HAzAnous MATERIALS PROGRAMS 16 SEP 02 J2 w TO : Contra Costa Board of Supervisors Internal Operations Committee (IOC) FROM : Lewis G. Pascalli, Sr., Director, Hazardo titer' Programs SUBS : FINAL REPORT TO THE INTERNAL O TIONS COMMITTEE 16 SEP 02-EMERGENCY TELEPHONE RING DOWN SYSTEM (ETRDS)--EVALUATION RESULTS Reference is made to the Board referral of 6 NOV 01 regarding the review of vendors providing ETRDS services. On direction from the Internal Operations Committee (IOC), Health Services developed a process to handle the development of a vendor list and protocol to receive, evaluate and recommend back to the IOC a vendor that would provide ETRDS services that meet the needs of the County, This report summarizes the evaluation. ACTION REQUESTED: Accept this Progress Report and direct the health Services Department to inform the three (3) finalists who made personal presentations to the Evaluation Panel (EP),that the final decision is to retain the Community Alert Network as the County's ETRDS. BACKGROUND: On direction from your Committee, the Health Services Department developed a list of eight(8) vendors comprised by referral and Internet search that could meet the requirements of our Request for Information(RFI). A letter with the RFI was sent on 18 APR 02 to the eight(8) vendors with a hard return date on close of work FRI , 31 MAY 02. We received five (5) RFI's. A panel of five(5) (see Attach I) reviewed the RFI's and completed their evaluation of the RFI'. In a meeting,the EP discussed the RFI',the impressions the RFI's made on each member, and after much deliberation ranked the RFI's.No consensus was reached but three(3)ranked closely with each other. The EP agreed to offer to the three (3)companies an opportunity to make a personal presentation to the EP. On the scheduled date, one member of the EP had a personal emergency and could not attend the presentations. After the presentations on 14 AUG 02, the four (4) members of the EC rated and ranked the presenters. There was a tie in the ranking of the EP between two (2)of the presenters. The third presenter was clearly not in contention. Page 1 of 2 4 F t a CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT HA7.AnouS MATERIALS PROGRAMS The EP discussed the rankings for a period of time and could not reach a consensus on one. No evaluator was able to change his mind but all felt that the two (2)vendors had comparable strengths. Each saw differences between the two (2) from their own prospective. SUMMARY: Since there was no clear, distinguishing aspects between the two (2) top presenters, which the EP could reach agreement on,I am recommending that the Community Alert Network continue to be the ETRDS vendor. I discussed my recommendation with the EP, including the member who was not available, and there appeared to be no concern with this determination. The bases for this recommendation are: 1. The Community Alert Network(CAN) has been the vendor for Contra Costa County for over 10 Years, the other vendor has been in operation for five (5) years; 2. CAN has been working closely with our Laotian language emergency notification project, while the other vendor did not have a the multi- language contract on call service available; 3. CAN is part of our CWS and has worked closely with us in aligning the systems, 4. Both vendors have a CIS system capability to use computer mapping activation; 5. Personal training is available from CAN at no cost; and 6, The Sheriff's Office will be assuming administration of the CWS and would prefer that no significant changes be made before they can evaluate the total CWS. I have invited members of the EC to attend the 10 Committee Meeting and be available for discussion. Page 2 of 2 CONTRA COSTA EMERGENCY TELEPHONE RING DOWN SYSTEM RFI REVIEW PANEL HEALTH SERVICES DEPARTMENT Leikis G.Pascalli,Jr, 4333 Pacheco Blvd. Martinez, CA 94553 INDUSTRY Ric Banner Ultramar Diamond Shamrock 154 Solaro Ave. Martinez, CA. 94553 rie—boaner@udscorp.com COMMUNITY REPRESENTATIVE Ralph Sattler 1204 Ulfuuan Way Martinez, CA 94553 rjsattler@aol.com COUNTY OF'F'ICE OF EMERGENCY SERVICES Steven Rathbone, Sr.,Emergency Planner 50 Glacier Dr. Martinez, CA 94553 smth@so.co.contra-costaxa.us ELECTED CITY OFFICIAL Mark Ross,Vice Mayer City of Martinez 928 Main Street Martinez, CA 94553 votefmdly@aol.com A"TTNC > P 13. 2003 4: 09PM EMERGENCY SERVICES N4, 0365 P. 1/39 March 4,2003 «Attu» 40mpany>r «Address 1 r> «City State», <<State» <<Zip» Dear«Attew On behalf of the Contra Costa County Board of Supervisors,the Office of the Sheriff,Emergency Services Division, Community Warning System Program is working toward selecting and recommending a consultant/vendor to support the implementation of an emergency telephone ring down system. Contra Costa County has an existing Community Warding System(CWS) with a number of components. This system is used to alert and warn the community in emergency situations or events. A telephone ring- down system is a component of the warning system. The scope of the project includes: 1. Recommendations for a technology solution to be used for performing public,private,and specialized emergency telephone ring down within the County. 2. Upon Board approval,implement the recommended Technology Solution for emergency telephone ring down.This would include system implementation,training of County staff and coordination with varied county departments coordinated through the Community Warning System Manager. 3. Work with Health Services and the CWS program,under the Office of the Sheriff,to identify any custom ring down system needs. 4. Provide system users documentation,project management docuntentation, and code commenting for any customizations to the County implementation. The primary purpose of this project is to make available to the public, anytime of day, emergency event information. The proposed ring down system would be capable of being initiated from either a bard line phone, cell phone, portable computer, or other electronic means. Notification would be based on a geographic selection, pre defined areas, or grids and be able to provide pre recorded or custom recorded messages. The principle consultant/vendor must have the necessary background and knowledge in notification and ring down products, product customization, mentoring, user documentation, project management, project reporting,and proven application development success to perform a project of this type in a timely mariner and for a reasonable budget. If your firm wishes to be considered for this project you must submit a STATEMENT OF QUALIFICATIONS (SOQ) to this REQUEST FOR INFORMATIQly MEr / RECJUFST FUR QUALIFICATIONS f FO) which will demonstrate your firm's ability to provide the services further described in Attachment A—Response Instructions.The SOQ must contain all of the information listed on Attachment B— Response Requirenients and Schedule, to be qualified for short-list selection and KAMS Progmm\C'WS\Sub-Projem\7ENS\Rin�down_RrMPI Ringdmt Sysccin.doc 3/4/03 SPP. 18, 2003 4: I IPM EMERGENCY SERVICES NO, 0365 P. 2/39 continuation to the REQUEST.F'OIZ PROPOSAL (RFP) process. Attachment C -- Basic Functional Understanding describes required functions of your solution for the RPP process. Five(5)bound copies of your SOQs must be received at 50 Glacier Drive, Martinez, CA 94553 before 5:00 p.m,`t'hursday March 20, 2003 to be considered. Please also provide a digital copy in MS Word or compatible format. The County encourages participation by small business enterprises and a copy of the Professiona"ersonaf Services Outreach Program can be found as Attachment D. The RFI responses will be evaluated and the top four or five top vendors will be asked to submit a REQUEST FOR PROPOSAL, RFP, including a detailed scope of work, schedule, and costs. Short listed vendors will be scheduled for an on site interview and presentation by the Community Warning System Manager to the CWS Technical Advisory Committee(CTAC). If you have any questions, please feel free to contact the CWS Manager, at (925) 313-9603 or aklut rto.coxontra-costa.ca.0 . Best Regards, T ,,..� - Elizabeth(Lis)F.Klute CC'S Manager Contra Costa County,Office of the Sheriff,Emergency Services Division (925)313-9603 eklu .so.co.cortra-cost�.ca.us WEF:sp:t+k K1.1"S WProjcttstT ivStl�iag_down_FFI1RFi Nngdown Systam.doc Anachmanls A-Rale Nn t mf iJn mWiding t)-6tatrn of OuaCrcaGons ttaqutrtments C-Catnty 5tsnderd Eauipmcet,S�sArr�rt 6 Strr'ees Vroa,temen!Agraem®ri 0-ptofecslonallparsorw Ste-ices E•Oulroath f?togrsm Cc S,ft-sons.captain,SO S.SuEter,Merager,30 L.Pay�Sl i.olttgo H3 3.10ute.Manager,30 KAC'WS ProgmmtCWS\Sub-Pmjocts\TENS\R.ing_down RFI\RFi Ringdown Systcm.doc 3/4/03 SEP, 18. 2403 4: 11PM EMERGENCY SERVTCES ISO. 0365 P. 3/34 Attachment A--Response Instructions 1. Your response to this P.FI must be received at 50 Glacier Drive,Martinez,CA 94553 before 5•.00 p.m.Thursday March 20,2003 to be considered, 2. The SOQ should be no longer than 25 pages. 3. Digital copies of this RM are available at www.baama.ora on the main page. 4. The Contra Costa County Board of Supervisors has adopted a program to help develop and support Minority Business Enterprises(MBE)and Women Business Enterprises(WBE)by providing opportunities for participation in the performance of County financed Professional and Personal Services'contracts or Consulting Services Agreements("Service Contracts'"). A Copy ofthe Professional/Personal Services Outreach Program can be found in Appendix D of this document, 5. Be sure to indicate the involvement that each proposed team member had with previous similar projects along with other qualifying experience. 6, Client references must be ones who had work preformed by the office that will provide these services/system to the County.Contact dames and phone numbers must be included. 7. Notification will occur regarding short listed responders on Friday March 21,2003 with mail out follow-up, 8. Short-listed responders RFP Response/Presentations will he scheduled the week of April 7, 2003.Your RFP response(5 bound copies and a digital copy)will be due at your �..1' presentaticin. 9. You are currently responding to an RFVRFQ,not an RFP.if you are shomlisted,you will be requested to provide an RFP response and Presentation to the County evaluation team based on.the Technical Specification provided as a part of the RFT mailing.This information is provided early to help vendors define teams and identify required qualifications. K.\Cws Proegmni\CwSlSub-Projoat5l'ENS1Ring down_RF211tFI Ringdowa Sys=.doc 3/4/43 SEP. 18. 2003 4: 11PM EMERGENCY SERVICES N0, 0365 P. 4/39 Attachment B—Response Requirements & Schedule 4 The SOO shall contain the_followinz information: 1. Identification of key personnel to be assigned to the team including lead project pzograrraners and lead training staff. 2. Description of each team member's job related experience and related projects. 3. Information relating to prior job performance of the vendorlconsultant as it relates to the ability to meet schedule,meet budgets,provide documentation,and produce a quality service. 4. A copy of the vendor/consultant's affirmative action plan. S. Identification of proposed sub-consultants, their role, and their key personnel who will be involved. S. A minimum of five (5) recent client references. A balanced combination of sub-consultant and prime clients may be provided. 7. Acknowledgement regarding the acceptability of the standard agreernent conditions. 8. "Hard copy" examples of similar work, (e.g. plans, designs, specifications, links, reports, documentation,etc.). 9. The Federal standard Form (SF) 235 satisfies some of the above requirements and its inclusion;is acceptable but not a replacement for Attachment"B"requirements. The following is the_basic RFT and RFP Schedule and is subject to change: ➢ RFI being sent out Thursday March 6,2003 ➢ Response to this RFI due by 5:00pm Thursday March 20,2003. D Short-listing notification will go out Friday March 21,2003. ➢ RFP being sent out"Tuesday March 25,2003 p Presentation will be scheduled the week of April 7,2003. D 'vendor selection anticipated for April 9,2003 > Internal Operations(IO)Committee presentation on recommendations May 5,2003 > Board of Supervisors premtation on recommendations May 13,2003 K\CWS Prop=kCWS\Sub-projectstTEISllting_down j PPI\RPI F.ingdovvn System.doo 314103 SEF. 13, 2003 4: 12PM EMERGENCY SERVICES 00365 P. 5/39 DRAFT Attachment C—Technical Specification (For your Information,Must be answered for RFP process Only,) 1. Explain in detail what procedure,or check list of action items;etc.,a user of your system will go through to initiate an activation and what occurs at your end until calls go out to the notification area.What is the timing involved using your procedure or checklist from the initial user call into your system until the first call goes out? 2. Can you receive this information through an electronic means?If so,What kind of Security is in place to ensure the data is from Contra Costa County?Describe in detail. 3, Do you have a security procedure(s)built into your system to assure user authenticity and authority?Explain in detail. 4. Explain in detail how the changes and pricing of your service is done.Is there an initial set up charge,annual charge;and per activation,fee?How would your charges and fees be structured for a California County with a one million population? S. Does your system have the capability to play back the recorded message to the initiating agency at the time of the emergency,as well as,post activation?How long is the information that would be needed for the post activation reports and the recorded message kept? 6. Do you have any entire counties or major cities as clients?If yes,what is the name of the largest jurisdiction that is your client?Give population;number.How long have they been your clients' 7. How tawny calls can your system make simultaneously?Do you plan on increasing the number of calls your system can make at one time?If yes,when and to what number? 8. Have you discussed with the local service provider(SEC)the number of calls allowed into our service arca at one time?If yes,what is the number of calls that the service provider would allow into the service area without disrupting service of our area? 9. Given a 60-second message what is the maximum amount of calls that your system can.complete in an hour? 10, Can every step needed to activate your system in an emergency be done with one(1)phone call by the client;that is,to activate the system to make phone calls,record a message(s),activate more than one list or notification area? M Does your system give messages in other languages? a. If yes,then explain in detail how your system gives these messages.In your response, consider but do not limit the answer to include whether or not the non-English messages can be sent discretely and simultaneously with the English message;and whether the KAMSPrormm\CWS1Sub-ProjectsXTENS%inLdowtk_RFTaFIRiiagdov%Systemdoo 314/03 SEP. 10. 2003 4. 12PM EMERGENCY SERVICES NOA363 P, 6/39 message must be recorded on the same message so that each person receiving the call hears all the languages. b. Can your system target specific addresses for specific languages so that your system can make calls radiating from the incident location in the normal sequence and order,but provide the non-English language when the non-English address is reached? 12. if you answered yes to question 12,give the name,address,telephone number and contact person of all your clients using or have used this function of your system. 13. Explain in detail how your system identifies and reaches TDDlTrY machines. 14. With each and every activation.,can the residence bung reached have the choice to allow the message to be repeated or not?If yes,howl What impact does this have on the timing of calls? 15. Can your system identify whether a call is answered by an answering machine?If yes,describe in detail how answering machines are detected.If the identification is not 100%accurate,how does your system compensate for the lesser%? 16. Will your system leave messages on answering machines?A complete message? 17. Do you have a completely redundant backup system and location from which the notification calls can be shade if the primary activation system or location should fail? X;1Ctvs Pr g=.tCWslsub-PrajectATL*NMiza donna RFMT-1 SEP. 18. 2003 4: 12PM EMERGENCY SERVICES N0, 0365 P. 7/39 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF COMMUNITY WARNING SYSTEM TELEPHONE RING-DOWN SYSTEM EVALUATION SHEET (For your Information,for RFP Process O Company Name: Score each area from 0-10.Make any notation you feel is important. 1.Relevant experience in the provision of telephone ring-down service.(years of service,years in California,, years in jurisdictions,size,industry a major component,similar to Contra Costa County) 2.Ability to provide rapid,24 Ir.response during an emergency. 3. Capable of inputting predetermined notification zones. 4.Ability to provide multi-language messaging during an emergency. S.Available back-up redundant facilities with trained staff at separate locations that can provide notification, in case there is an emergency at their primary site. S.The number of 60 second calls that the company can make in an hour,and simultaneously. 7.How soon the company can provide reports after the activation of the system,to the client. (How soon,is a list of'numbers called provided,type of report,number of calls made,how many answered on 1st,2nd& 3rd attempts) 8.Does the company get telephone data base updates from the service provider or the client.(How often,does it obtain the updates,how fast can it integrate the information into the database) 9.Does the company provide training to the client?(Initially,when their system changes,at what cost,for a linuted time) 10.Overall impression that all the questions asked were answered to our satisfaction. TOTALSCORE Evaluator's Signature Date 4/7/03 K.:\C1r15 ProgmmlCwSlSub-Pro xts\TENS\P inLdown_RFIlM Xingdo'wa 9ystemdoe 3/4/03 SEP. 18. 2003 4. I2PNI EMERGENCY SERVICES N4. 0365 P. 8/39 Attachment b-Professional/Personal Services Outreach Program Contra Costa County Professional/Personal Services Outreach Program The proposed professional services is subject to the policies and requirements established in the County's Outreach Program for use of Minority Business Enterprises(MBEs),Woman Business Enterprises (WBEs),Other Business enterprises(OBEs),Small Business Enterprises(SBEs)and Local Business Enterprises(Ms).The County is committesi to ensuring full and equitable participation by minority, women,and other professional services providers.Prospective professional service providers(consultants) should be fully informed of this program. Program requirements that directly affect prime consultants are outlined below.Consultants are encouraged to use MBEs,WBEs,SMEs and LBEs firths whenever there is a need for sins-consultants. Outreach by Consultant—Formal Agreements 0$50,400) When a request for services is made formally(i.e.,with a request for qualifications or proposals), consultants/service providers are encouraged to make the following outreach efforts. a. Contact the following acceptable certifying agency for listings of MBEs,MBEs,SMEs,and LBEs, (1) U.S, Small Business Administration Regional Office 71 Stevenson Street,20e`Floor Satz Francisco,CA 94145-2939 (415)744-6848 b. Request assistance in identifying and notifying MBEs, WBEs, SBEs, and LBEs from community organizations; consultant groups, local, state, or federal business assistance offices; and/or other agencies or organizations that provide assistance in the recruitment and plamnent of MBEs, WBEs,SBEs,and LBEs. C. Conduct broad-based outreach to potential sub-consultants, including MBEs, WBEs, SBEs, and LBEs, by notifying those firms of the project (via fax, newspaper advertisements, etc.), by providing project infb=tion(proposal due date, description of the project, and other pertinent information),and by inviting quotations from all interested firms. Verifieatioin of Performance Upon completion of services,the consultant/service provider shall submit a completed"Verification of Performance"form for each identified first tier sub-consultant utilized by the consultant/service provider in connection with the project. Where possible,the form shall be signed by the sub-consultant gad shall identify the itern(s)of work preformed and the actual dollar amount received or to be received. Consultants/service providers should submit the forms to the department,which shall forward copies of the completed forms to the Contract Compliance Officer prior to final payment for work done. r-ACWS Progra=TWSNSuh-Pmjacs\T S\Ring_dov P,F21R.F'I Ringdown System.doc 3!4!03 SEP. 18, 2003 4: 13PM EMERGENCY SERVICES N0, 0365 P. 9/39 Name of Project: Contract No: Contractor. Effective Date: This Agreement is entered into by and between the Contra Costa County and the above named Contractor, and is effective as of the date given above. A.Contractor will provide the County with the Services and Products described in Exhibit A and B in accordance with the Project milestones contained in Exhibit C,as such exhibits may be modified as provided herein.The Project will be evaluated and accepted by the County pursuant to the tests, procedures,and criteria set forth in Exhibit D. B.The attached Terms and Conditions are incorporated into and made a part of this Agreement. C.The following provisions shall apply to the attached Terms and Conditions: (1)Authorized Representatives(Section 4.2,6.2,6.3): For Contractor Telephone For County Telephone (2)Addresses and*Paxction County: Contractor: FT Fax: Fax: (3)Fixed Price or Other Pricing Basis(Section 3.1):S (4)Reserve Amount for Minor Changes(Section 6.3)- (5)Minimum Amount for Minor Changes(Section 6.3):S (6)Liquidated Damages for Unexcused Delay(Section 13.1)S per (7)Contractor Federal ID# SEP. 1S. 2003 4: 13PM EMERGENCY SERVICES NO, 0365 P. 10/34 "COUNTY!, CONTRA COSTA COUNTY"CONTRACTOR' By. By: Chairperson,Board of Supervisors(Designate Official Business Capacity A) Date: By: Attest:Clerk,Board of Supervisors(Designate Official Business Capacity B) Note to Contractor:For corporations(profit or non-profit),the Agreement must be signed by two officers. Signature A must be that of the President or Vice-President and Signature B must be that of the Secretary or Assistant Secretary(Civil Code Sec. 1190.1 and Corporation.Code Sec.313).All signatures must be acknowledged as set forth on following page. ACKNOWLEDGMENT STATE OF CALipO1tNIA) COUNTY OF CONTRA COSTA) On ,before me, (insert name and title of the officer),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that he/she,they executed the same in his/her,their authorized capacity(ies),and that his/her/their signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted„executed the inrstrumment. W11NESS MY HAND AND OFFICIAL SEAL Signature(Seal) Acknowledgment(by Corporation,Partnership or Individual) Civil Code Sec. 1189 SEP. 10. 2003 4: 13PM EMERGENCY SERVICES NO- 0365 P. 11/39 Contra Costa County Equipment, Software, and Services Procurement Agreement TERMS AND CONDITIONS 1.4 DEFINITIONS 1.1 The following general definitions shall apply for the purposes of this Agreement: "Agreement"shall mean this agreement. "Business Day"shall mean Monday through Friday,excluding holidays observed by the County. "Confidential Information"shall have the meaning set forth in Section 7.1. "Contractor"shall mean the person or entity identified as Contractor on the first page of Us Agreement. "County"shall mean the Contra Costa County. "First Productive Use"shall mean that point in time which County processes"live" customer data with any functional portion,or total function,of"named"software_ "Four Digit Year Format"shall meats a format that allows entry or processing of four-digit-year date, where the first two digits will designate the century and the second two digits will designate the year within �..% the century. 'Disclosing Party'shall have the meaning set forth in Section 7.5. "Documentation"shall have the meaning set forth in Section 3.4. "Leap Meas"shall mean the year during.which ars extra day is added to February(February 29).Leap Year occurs in all years evenly divisible by the number four(4),except that a year that is divisible by 104 is not a Leap Year,unless it is also divisible by 400. "Maintenance"shall mean the providing of technical information,assistance,error correction,repair services,and repair parts in the manner specified in Exhibit F. "Minor Changes"shall have the meaning set forth in Section 6.3. "Products"shall mean the equipment and software listed in Exhibit B and all other equipment and software to be provided by Contractor pursuant to this Agreement. "Project"shall mean the task(s)described in Exhibit A "Receiving Party"sball have the meaning set forth in Section 7.5. "Section"shall mean a section of this Agreement. "Services"shall mean all labor to be provided by Contractor or its subcontractors pursuant to this Agreement SEP. 1S. 20011 4: 13PM EMERGENCY SERVICES N0. 0365 P, 12/39 "Year 2000 Compliant'shall mean dates outside the range of 1900-1995,including the years 1999,2000 and thereafter,encountered and/or processed by the software/fumwam/bardware/equipmenttsystm will be �`�.✓ correctly recognized,calculated,sorted,stored,displayed and/or otherwise processed in any level of computer hardware or sage,including,but not limited to,microcode,fnnwara,application programs, system software,utilities,files,databases and network infrastructure devices. 1.2 Exhibit A hereto contains additional definitions of technical terms to used with this Agreement and its exhibits. 2.0 EXHIBIT S The following Exhibits hereto are incorporated into and made a part of this Agreement: Exhibit A Statement of Work Exhibit B Equipment and Software Deliverable Items;Pricing for Additional Items Exhibit C Project Milestones and Special Payment Provisions Exhibit D Performance,and Acceptance Criteria Exhibit E Indemnification and Insurance Provisions Exhibit P Maintenance Agreement Exhibit Ci License Agreement 3.0 PRICING AND PAYMENT 3.1 The County will pay Contractor for the Services and the Products in accordance with the pricing set forth in item C(3)of this Agreement,except as otherwise provided in this Agreement. 3.2 Except as otherwise provided in this Agreement,Contractor will invoice the County and will be paid in accordance with the provisions of Exhibit C(3)of page 1 hereof 3.3 All invoices from Contractor will be in a format approved in advance by the County. 3.4 Invoices are payable within 30 days after receipt. 3.5 If this Agreement is designated as a firm fixed-price contract in item:C(3)of page 1 hereof,such price shall include all sales,use,and value-added taxes,freight charges,insurance,licenses,and any other charges related to the sale or licensing of the Products and the providing of the Services to the County;the total amount invoiced to the County for the Project shall not exceed the amount set forth in item C(3)on page 1 hereof,unless changes are approved pursuant to Section 6.0. 3.6 Should the County require additional Products for the Project,they will be provided under the pricing structure set forth in Exhibit B and shall be considered changes pursuant to Section 6.0. 4.0 PERSONNEL AND SUBCONTRACTORS 4.1 Contractor shall provide qualified personnel to supply the Services for the Project. 4.2 The authorized Representative of Contractor designated on page 1 of this Agreement shalt be the County's normal point of contact at Contractor on matters related to Contractor's performance of the Services hereunder.Likewise,the County has designated its Authorized Representative who will be the normal point of contact at the County for Contractor concerning the County's duties and responsibilities hereunder and any interpretation or proposed modification of this Agreement.The Authorized �-✓ Representatives for a party may be changed upon written notice from the party changing the Authorized SEP. 18, 2003 4: 14PM EMERGENCY SERVICES NO, 0365 P. 13/39 Representative to the other party.Upon written request by the County,Contractor will replace Contractor's Authorized Representative. 4.3 Contractor may use the subcontractors designated in Exhibit A to perform that portion of the Services designated therein for such subcontractors.If Contractor proposes to use any additional or different subcontractors on the Project,it must receive the County's advance written consent,which will not be unreasonably withheld or delayed. 4.4 Contractor aclitowwledges that it will be responsible for the performance or non-performance by its subcontractors of the tasks set forth in this Agreement Contractor shall contractually require all subcontractors performing work on the.Project to abide by the following provisions of this Agreement: Sections 4.5,4.6,4.7,4.8,4,9,5.3,5.4,7.4, 1 t.4, 17.1, 18.2, 19.4,and.22.1. 4.5 Contractor agrees that the Contractor and subcontractor employees designated as key personnel in Exhibit A will be assigned to the Project and will be available as necessary to meet the milestones in Exhibit C.Contractor shall not withdraw or replace such key personnel,and will contractually prohibit its suficontractors from withdrawing or replacing their trey personnel,without the prior written consent of the County,except for the termination of employment,illness,death,disability,or outer similar personal reasons. 4.6 Immediately upon receipt of written notice from the County that any Contractor employee,or employee of a subcontractor to Contractor,is not performing work on the Project in a satisfactory manner,Contractor will remove such employee and,within a reasonable period of time,replace such employee with a qualified employee. 4.7 Contractor and its employees,subcontractors,and subcontractors'employees,are not and shall not be deemed to be,employees of the County.Contractor and its subcontractors will be solely responsible for the payment of their respective employees'compensation,including employee taxes,workers'compensation, and any similar taxes associated with their employment. 4.8 This Agreement shall not create any partnership or joint venture between the parties.Nothing contained in this Agreement shall constitute either party as the agent or legal representative of the other for any purpose.No provision of this Agreement grants either party any express,or implied right of authority to assume or create any obligation or responsibility on behalf of or in the name of the other party,or to bind the other party in any manner or thing whatsoever. 4.9 Neither party will,directly or indirectly,solicit or offer employment to any employee of the other party during the work on the project by said employee and for one year thereafter. 5.4 ASSISTANCE FROM COUNTY,RULES OF ACCESS AND CHANGE MANAGEMENT S.€The County will be providing the level of assistance on the Project as indicated in Exhibit A. 5.2 While on County's premises in connection with the performance of this Agreement,Contractor personnel will comply with the County"s applicable rules with respect to security,conduct and other matters concerning access to County"s premises.Such rules may require in some cases background checks and escorts for Contractor and subcontractor personnel.On notice from the County,Contractor will remove immediately any of its personnel assigned to perforn work under this Agreement who do not oomply with such rules. SEF. 18. 2003 4: 14 PM EMERGENCY SERVICES NO. 036 F, 14/39 5.3 Unless otherwise requested in writing by the County,that portion of the Project work to be done on County premises by Contractor and its subcontractors will be performed between the hours of 7 a.m.and 6 p.m.on Business Days. 5.4 In performing its duties for the Project,Contractor will comply with the County's standard requirements with respect to technical and operational change management.It is understood by Contractor that changing the County's computers,in particular its mainframes,requires advance notice and compliance with established County procedures. 6.0 CHANGES 6.1 The parties acknowledge that additions,deletions,and modifications to the Products and Services specified under this Agreement may be required in the manner set forth in this Section. 6.2 No such change,whether major or minor,shall be binding,and Contractor shall not proceed with any change,unless the change is confirmed in writing and formally executed by the Authorized Representatives of both Contractor and the County as set forth on page 1 of this Agreement. 6.3 Minor Changes may be made by the mutual written agreement of the Authorized Representatives of Contractor and the County without the necessity of a formal proposal and estimates.Minor Changes are those having a price less than the maximum amount for Minor Changes as specified in item C(5)of page l of this Agreement,generally involve the adding of Products or Services which were not included in Exhibits A or B,and require immediate implementation to ensure that the Project is not delayed.Minor Changes will be funded from a pool reserve in the amount specified in item C(4)of page 1 of this Agreement.Once that fund is depleted,this Minor Change procedure will no longer be available.If the reserve is not entirely depleted during the Project,the balance will,at the County's option following completion or termination of the Project,either be credited to other work Contractor is performing for the County or be returned to the County. 6.4 For any change which does not qualify as a Minor Change,.the party seeking the change shall inform the other in writing of the details of the contemplated change and any requested terms concerning the change.For a change of this type requested by Contractor and involving additional or deleted Services, Contractor shall include a written proposal containing the cost of the additional or deleted Services involved in the change,and any impacts upon price,delivery schedule,or other terms.For a change of this type requested by the County,Contractor shall respond with such a proposal within five Business Days after receipt of a written request for the change.Changes involving only the addition or deletion of Products can be made pursuant to the provisions of Section 6.2 without the necessity of a formal proposal and shall result in an adjustment of the Project price in item C(3)of page 1 hereof according to the pricing set forth in Exhibits B and C. 7.0 Ct7NkMENTIAL INFORMATION 7.1 Contractor acknowledges that in the course of performing work on the Project,it and its subcontractors may be exposed to certain Confidential Information,including without limitation medical records, employment records,secret passwords to County computer systems,methods of accessing County computers and data,County personnel data,payroll data,County proprietary software,records and data which are not available to the general public,and documents marked"Confidential"or"Proprietary."Other categories of documents.considered Confidential Information by the County shall be specified to Contractor in writing. SLP. 18. 2003 4. 15PM EMERGENCY SERVICES N0, 4365 P. 15/39 7.2 The County acknowledges that Contractor may be disclosing Confidential Information to the County in the course ofperfa mance of the Project,including documents marled"Confidential"or"Proprietary," provided that the County agrees prior to disclosure that such information is Confidential Information.Such agreement will not be unreasonably withheld. 7.3 Information of a proprietary nature which is disclosed orally to a party hereto shall not be treated as Confidential Information unless it is stated at the time of such oral disclosure that such information is Confidential Information and such information is reduced to writing and confirmed as Confidential Information to the Receiving Party(as defined below)within 30 days after the oral disclosure. 7.4 Confidential Information does not include(a)information which the party hereto receiving the information(the'Receiving Party")can prove was known to it at the time of receipt from the party hereto disclosing(the"Disclosing Party")that information to the Receiving Party,(b)information lawfully received by the Receiving Party from a third party that is riot under an obligation of confidentiality with respect to such inforrnation,(c)information which becomes known to the public other than by a disclosure prohibited by this Agreement,or(d)information which the Receiving Party can prove was independently developed by it without assistance from access to Confidential Information. 7.5 The Receiving Party shall use Confidential Information solely for the purposes of the Project and may disclose Confidential Information to others only upon the advance written consent of the Disclosing Party. The Receiving Party shall protect Confidential Information with the same degree of care that it regularly employs to safeguard its oven confidential information of like nature from unauthorized disclosure but no less than a reasonable degree of care,If the Receiving Party is required by a governmental agency,court or other quasi-judicial or other regulatory body to disclose Confidential Information received under this Agreement,the Receiving Party shall not be liable for such disclosure provided that the Receiving Party shall,as promptly as rtuonably possible,give notice to the Disclosing Party of the requirement to disclose such Confidential Information in order that the Disclosing Party may contest the requirement that Recipient disclose such Confidential Information.Except as provided in Section 8.0 and except as required by law,no other disclosure of Confidential Information is authorized under this Agreement 7.6 Except for Confidential Information contained in documentation prepared for the County by Contractor or its subcontractors hereunder,upon request by the Disclosing Party,the Receiving Party shall return Confidential Information to the Disclosing Party,along with all copies and notes made therefrom. 8.0 PJGPITS IN SOFTWARE AND DOCUMENTATION 8.1 All software from third parties to be provided by Contractor hereunder will be licensed to the County pursuant to the terms and conditions of the license agreements provided by the publishers of such software. 8.2 Custom software,if any,developed for the County hereunder will be subject to the requirements in Exhibit A. 8.3 With respect to software routines,program,scripts,or diagrams or schematics written or formulated by Contractor or its subcontractors hereunder,Contractor will designate any third-party software tools(e.g., compilers or CAU programs)that were used in the development of such software,diagrams,or schematics. It is the preference of the County that non-proprietary tools be used for the development of such software, diagrams,or schematics,but if proprietary software tools must be used,then Contractor must provide the County with an object-code version,as well as available documentation on the use of such tools.The SEP. 18. 2003 4: 15PM EMERGENCY SERVICES NO, 0365 P. 16/39 County may use such proprietary tools solely for the purpose of maintaining and modifying the software, diagrams,or schematics written or formulated by Contractor or its subcontractors for the Project. u 8.4 All documentation required to be developed for the County pursuant to Exhibit A("Documentation') will not be based on Contractor Confidential Information,unless there is a compelling need and the County agrees in writing.The County shall own all such Documentation delivered hereunder except for(a) Documentation Contractor can demonstrate was previously developed by or for Contractor and is not in the public domain;or(b).Documentation identified in writing by Contractor and proved to the Counryts reasonable satisfaction as being developed solely with Contractor resources. 8.5 With respect to Documentation which is deemed to belong to Contractor in accordance with Section 8.4,Contractor grants the County a non-exclusive,royalty-free license to use and copy any such Documentation for its own internal use.The County shall have the right to disclose such Documentation to successor vendors,contractors,or computer hardware or sofhvare maintenance organizations,provided such entities(a)have a need to kaow such information for the purposes of modifying,maintaining,or enhancing the County's equipment or software,and(b)agree not to use such information except with respect to work for the County.Such Documentation will not otherwise be disclosed outside County government without the advance written consent of Contractor,which shall not be unreasonably withheld or delayed. 9.0 RISK OF LOSS Risk of loss or damage for the Products shall pass to the County when die Project is accepted by the County pursuant to the previsions of Exhibit D. 14.0 INFRINGEIvMNT PROTECTION 14.1 All royalties or other charges for any patent,copyright,trademark,trade secret,or other proprietary right to be used in the Project shall be considered as included in the price for the Project.Contractor shall defend,indemnify,and hold the County harmless against any and all liabilities,judgments,costs,damages, and expenses including reasonable attorney's fees resulting from a claim or suit against the County for alleged infringement of any patent,copyright,trademark,trade secret,royalty or license agreement,or other proprietary right arising out of the use by the County of the Products or Documentation for the purposes intended hereunder.As a condition of such indemnification,the County shall promptly inform Contractor of any such claim or suit,allow Contractor or its suppliers to control the defense against such suit,and cooperate,at Contractor's expense,in the defense against such suit,provided however,that in no event shall Contractor make any admission of guilt or liability on behalf of County without County's prior written consent. 10.2 If the County's use of any portion of the Products or Documentation is enjoined by a court of competent jurisdiction,Contractor shell at its option and expense and within 60 days of the enjoinment: (a)Procure for the County the right to use such infringing portion;(b)Replace such infringing portion with anon-infringing portion providing equivalent functionality;or(c)Modify the infringing portion so as to eliminate the infrirtgernent while providing equivalent functionality. 10.3 Contractor may delegate its responsibilities under Sections 10.1 and 14.2 to the manufacturer of the allegedly infringing Product,provided Contractor has received the advance written consent of the County. Such consent will not be unreasonably withheld or delayed. `�--' 11.0 INDEMNIFICATION AND INSURANCE SEP, 18. 2OG3 4: 18PM EMERGENCY SERVICES NJ. 0365 P, 17/39 Contractor shall comply with,and require its subcontractors to comply with,the terms and conditions of Exhibit it related to indemnity and insurance. 12.0 WARRANTIES AND MAINTENANCE 12.1 Products to be provided by Contractor hereunder will be subject to the warranties,if any of the manufacturers or suppliers of such Products.Contractor will ensure that such warranties are transferred to the Bounty. 12.3 Contractor will provide maintenance or will arrange for maintenance for Products in the manner specified by Exhibits A and P. 12.3 Contractor represents and warrants to the County that,upon payment of the purchase price specified in this Agreement,the County will have good title to each of the Products,fret and clear of all liens, encumbrances,and claims.Unless otherwise agreed to in writing by the County,only new materials shall be used in each of the hardware products provided by Contactor under this Agreement. 12.4 Contractor represents and warrants to the County,that at the time of installation,the software Products will be free of programming that is intentionally and specifically constructed for the purpose of destroying, interrupting,or otherwise adversely affecting the software product's code or other code or data in a computer,such as by replicating itself or another program many tithes without any useful purpose. 12.5 Contractor war mts to the County that the Services to be performed by it and its subcontractors hereunder(a)will be performed in a competent manner by qualified petsonnol in conformance with industry standards,and(b)will conform to the performance and acceptance criteria set forth in Exhibit D. This warranty shall remain in effect during the time the Project is being worked on by Contractor and shall continue in force until 184 days after final acceptance of the Project.In order to qualify for remedial action under this warranty,the County must report a warranty failure to Contractor in writing within the warranty period.Contractor shall not be responsible for remedial action-under this warranty to the extent the failure to meet the warranty is caused by modification to the;Products by the County or anyone other than Contractor or its subcontractors,unless under Contractor's or its subcontractors'direction. 12.6 As Contractor's sole obligation,and the County's exclusive remedy,for failure to meet the warranty in Section 12.5,Contractor will use commercially reasonable efforts to correct the failure,provided the County snakes available to Contractor information concerning the failure.If Contractor is unable,by using reasonable efforts,to correct the failure within a reasonable period of time,Contractor will refund to the County an equitable portion of the amounts paid by the County based on the proportion of the Project affected by the failure acrd the severity of the failure with respect to the objectives of the Project. 12.7 Contractor warrants and represents to County that all softrartlfirmwarelhardware/equipment/systems developed,distributed,installed or programmed by Contractor pursuant to this Agreement a}is Year 2004 Compliant;is designed to be used prior to,during,and after the calendar year 2404 AD; Will operate consistently,predictably and accurately,without interruption or manual intervention,and in accordance with all requirements of this Agreement;including without limitation all specification and/or functionality and performance requirements,during each such time period,and transitions between t$em,in relation to dates it encounters or processes;b)that all date recognition and processing by the software/firtgwareAwdware/equipment/system will include the four-digit-year format and will correctly recognize and process the date of February 29,and any related data,during Leap Years;and c)that all state sorting by the sof wem/hrmware/hardware/equipment/system that includes a"year category"shall be done based on the four-digit-year format Upon being notified in writing by County of the failure of any softwarelfirmware/hardwam/equipment/systems to comply with,this Agreement,Contractor will,within 60 clays and at no cost to County,replace or correct the non-complying software/firrnwarc/liardware /equipment/systems with software/f=ware/hardware/equipmtntlsystems that does comply with this Agreement SEP. 18. 2003 4: 19PM EMERGENCY SERVICES N0. 0365 P. 18/39 12.8 Other systems:To the extent that the software/fir#nware/hardware/equipment/system will accept data from other systems and sources that are not Year 2000 compliant,the softwarelfirmware/hardware/equipment/syste must properly recognize,calculate,sort,store,output and otherwise process such data in a manner that eliminates any century ambiguity so that the software/finntvare/hardware/equipment/system remains Year 2000 compliant. 12.9 No Disclaimers:The warranties set forth in sections 12.1 and 12.5 above shall not be subject to any disclaimer or exclusion of warranties or to any limitation of Licensor's liability under this agreement,and shall remain in effect through the Year 2000 until termination of this agreement. 12.10 Contractor warrants that it has the corporate power and authority and the legal right to grant the licenses contemplated by this Agreement and neither has nor will enter into agreements or take or fail to take action which shall restrict Contractor's legal right or ability to grant said licenses. 12.11 NO OTHER WARRANTIES,EXPRESS,IMPLIED,OR STATUTORY,INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS.FOR A PARTICULAR PURPOSE,WILL APPLY. 13.0 DELAYS 13.1 Contractor acknowledges that,should completion of the Project be delayed beyond the date for attainment of the final milestone stated in Exhibit C,the County will suffer damages equal to the amount set forth in item C(6)of page I of this Agreement.Accordingly,except to the extent such delay is excused under Section 13.2,Contractor shall pay to the County the amount of damages set forth in item C(6)for delay of attainment of such final milestone. 13.2 Except for the failure to make payments when due,neither party will be liable to the other party by reason of any failure in performance of this Agreement if the failure arises out of acts of God,acts of the other party,acts of non-County governmental authority,fires,strikes,delays in transportation,riots or war, or any cause beyond the reasonable control of that party.If any such event delays performance,the time allowed for such performance will be extended an amount of time equal to the period of such delay. 13.3 If performance under this Agreement is postponed or extended pursuant to Section 13.2 for longer than 60 days for a reason other than the acts of the County,then the County may,upon written notice to Contractor given during the postponement or extension,terminate this Agreement.In such case,Contractor shall be paid in accordance with Section 16.2. 14.0 TERMINATION ICOR CONVENIENCE 14.1 The County may terminate this Agreement for convenience by providing Contractor 30 days advance written notice of such termination. Such notice may direct Contractor to s work immediately on some portion or all of the Project and may direct Contractor to continue work until the termination date on other portions of the Project. 14.2 In the event of termination under this Section 14.0,the County's total payment to Contractor shall be determined in accordance with Section 16.2. 15.0 TERMINATION FOR CAUSE 15.1 It is expressly agreed that this Agreement shall be fully discharged only by the completion;of all work and obligations contracted for,or with the written consent of the County. SEP. 18. 2403 4: 19PM EMERGENCY SERVICES N0. 0365 F. 39/39 15.2 If Contractor fails to begin work on the project in a timely manner,fails to meet a milestone in Exhibit C by IS or more days,or faits to carry out or breaches its obligations hereunder(and such failure or breach is not excused by Section 13.2),the County may terminate this Agreement by giving;written notice of intent to terminate to Contractor.If Contractor has not completely cured its breach within 30 days of the receipt of such notice,then the County may terminate this Agreement upon the delivery of a written notice of termination to Contractor. 15.3 In the event of termination under this Section,the County may,at its option,return any or all copies of Documentation to Contractor which was the subject of the breach.The County's total payment to Contractor subsequent to termination shall be determined in accordance with Sections 16.2 and 16.3. 16.0 EFFECT OF TERMINATION 16.1 After receipt of notice of termination,Contractor shall(a)comply with tht instructions of the County with respect to sping or continuing work until the termination date;(b)place no further order or subcontracts for Products or third-party Services,except as otherwise directed by the County;(c)terminate all orders for Products and subcontracts to the extent they relate to the performance of work terminated by the notice of termination;(d)return Products to their suppliers,if requested by the County and permitted by such suppliers,(e)dtliva the Documentation and any custom software to the County in the forret it is then is and not subject to the delivery acceptance criteria in Exhibit D,and(0 return to the County all County Confidential Information,along with all copies and notes made therefrom and a certificate signed by Contractor's Authorized Representative evidencing compliance with this provision. 16.2 After termination pursuant to Section 14.0 or 15.0,the County shall pay Contractor an amount equal to the sum of the following, less any amounts previously paid to Contractor and any additional amounts which the County is entitled to withhold pursuant to Section 16.3: (a)The amount due Contractor for completion by Contractor of the latest Project milestone set forth on Exhibit C,as such amount may be adjusted as provided herein due to the addition or deletion of Products or Services. (b)An amount for Contractor's and its subcontractors'labor utilized on the Project since completion of that last completed milestone,billed at Contractor's and its subcontractors'rates as set forth in Exhibit E. Contractor shall submit a claim for such amount and shall permit the County access to all backup documents Which relate to such claim.The County shall have the right to disallow from such claim any unauthorized,excessive,or defective labor. (c)The unpaid balance due for unreturned Products delivered to the County and fees for noncancellable(or noncancelled by the County)third-party Services authorized by the County prior to the effective date of termination,to the extent such Products and Services are not covered by Section 16.2(a). (d)The price to the County permitted tinder Exhibit B for Products in Contractor's possession which were delivered to Contractor for the Traject in the ordinary course of performance of this Agreement and which are not returnable to the supplier(or which the County indicates in writing that it wants); (e)Any costs that Contractor must pay due to Project cancellation as a result of loss of quantity discounts for Products used solely in the Project. 16.3 If this Agreement is terminated for cause pursuant to Section 15.0,then the County shall be entitled to deduct the following amounts from any monies to be paid Contractor pursuant to Section 16.2: (a)A credit for Documentation returned to Contractor pursuant to Section 15.3,with such credit equal to the amount paid to Contractor for such Documentation prior to termination. SEP. i8. 2003 4:20PM EMEHENCY SERVICES NO. 0365 P. 20/39 (b)An amount equal to the direct damages the County can prove it suffered as a result of breach of this Agreement by Contractor,such as the reasonable costs of having problems created by Contractor corrected by a third party. 16.4 Sections 7.0, 8.0,9.0, 10.0, 11.0, 12.1, 12.3, 12.4, 17.0,and 18.1 shall survive termination of this Agreement. 17.0 LIMITATION OF LIABILITY 17.1 EXCEPT FOR THE COUNTY S PAYMENT OBLIGATIONS HEREUNDER,THE COUNTY SI4ALL HAVE NO LIABILITY TO CONTFACTOR OR ITS SUBCONTRACTOR'S FOR ANY BREACH OR TERMINATION OF THIS AGREEMENT. 17.2 EXCEPT FOR WILLFUL AND INTENTIONAL ACTS,AND EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT,NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES(EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),.INCLUDING,BUT NOT LIMITED TO,LOST PROFITS OR SAVINGS,LOSS OF USE OF SERVICES,COST OF CAPITAL, COST OF SUBSTITUTE SERVICES,DOWNTIME COSTS,OR DAMAGES ANIS EXPENSES ARISING OUT OF THIRD PARTY CLAIMS. 18.0 DISPUTES 18.1 Any dispute arising out of or relating to this Agreement,or breach thereof~shall be first submitted to the senior management of each party for resolution.If the dispute cannot be resolved within 30 days after t� r, such matter is referred to senior management,then the dispute shall be submitted to binding arbitration in Contra Costa County,California in accordance with the Commexcial Arbitration Rules of the American Arbitration Association("AAA")then in effect and section 1283.05 of the California Code of Civil Procedure,All discovery must be concluded withirn 60 days after the submission to arbitration.The decision of the arbitrator shall be final and may be entered as judgment in any court of competent jurisdiction.The losing party, as determined by the arbitrator,shall pay the administrative costs of arbitration.Each party shall bear the cost of its own attorneys'fees,except that the arbitrator shall have the discretion in appropriate circumstances to require the losing party to pay all or a portion of the prevailing party's reasonable attorneys'fees. 18.2 Except as provided in the Terrnination provisions herein,Contractor or its Subcontractors shall not s work on the Project,due to a dispute. 19.0 PUBLICITY Prior to issuing any press release concerning the Project or otherwise snaking a public statement about the Project,Contractor shall obtain the County's written approval of the content of such press release or statement. Such approval will not be unreasonably withheld or delayed.Contractor shall impose this same requirement on its subcontractors. 20.0 NOTICES Any notice under this Agreement will be in writing delivered by hand,by certified mail(return receipt requested),or by other competent and reliable courier service(delivery receipt retaifled),to the other party SEP, 10. 2003 4: 20PM EMERGENCY SERVICES NO. 0305 P. 21/39 at the address indicated in item C(2)of page l of this Agreement or to such other address as may be substituted by notice.Notice will be effective on the date of receipt. 21.0 NON-APPROPRIATIONS OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted in any Fiscal Year for payments due under this agreement for the then current or the succeeding Fiscal Year during the term aforesaid,this agreement shall create no obligation on the County as to such current or succeeding fiscal year except as to the portions of payments herein agreed upon for which funds shall have been appropriated and budgeted, and no right of action or damages shall accrue to the benefit of Contractor,its successors or assigns,as to that portion of this agreement which may so become unenforceable,except County agrees to peaceably surrender possession of the Program Product to Contractor or its assignee.Contractor or the Agent or their assignees shall have all rights and remedies to take possession of the Program Product. 22.0 GENERAL PROVISIONS 22.1 In the performance of duties hereunder,Contractor shall comply,and shall require its subcontractors to comply,with all applicable federal,state,and local laws,rules,and regulations. 22.2 Neither party may assign this Agreement without the prior written consent of the other party,which consent will not be unreasonably withheld;provided,however,that Contractor may assign this Agreement without consent to a successor in interest to all or substantially all of its stock or assets,provided such successor in interest assumes all of Contractor's obligations under this Agreement. 22.3 If any part or parts of this Agreement are held to be invalid,the remaining parts of this Agreement will continue to be valid and enforceable. 22.4 The headings in this Agreement are for reference purposes only; they will not affect the meaning or construction of the terms of this Agreement 22.5 The provisions of this Agreement are for the sole benefit of the parties,and not for the benefit of any other persons or legal entities. 22.5 This Agreement may be executed by the parties in one or more counterparts,each of which when so executed shall be an original.All such counterparts shall constitute one and the same instrument, 22.7 Each of the parties to this Agreement represents and warrants that it has the power and authority to enter into this Agreement and perform the action contemplated hereunder,and this Agreement has been duly authorized and is the valid binding and enforceable obligation of such parties. 22.8 This Agreement,including its referenced exhibits,contains the complete and exclusive understanding of the parties with respect to the subject matter hereof.Except for any terms or conditions of a Request for Quotes or Request for Proposal that are included by reference in this Agreement,this Agreement supersedes and cancels the terms and conditions contained in any previous Request for Quotes or Request for Proposals of the County,any prior Contractor negotiations,proposals,or other submissions to the County by Contractor,and any prior oral or written agreements or representations between County and Contractor concerning the Project.No waiver,alteration,or modification of any of the provisions hereof will be binding unless in writing and signed by a duly authorized representative of the party to be bound. Neither the course of conduct between the parties nor trade usage will act to modify or alter the provisions of this Agreement. 22.9 This Agreement is entered into and to be performed in the State of California and shall be governed ``—�' and construed under the Laws of the State of California. SEP. 18� 2003 4: 211PM EMERGENCY SERVICES NC. 0365 P. 22/39 EXHIBIT A STATEMENT OF WORK. DRAFT 1.General Description of Project The Project involves the purchase,installation,testing and maintenance of an automated(name of the project]("Project")which consists of a complete computer system(including hardware,as well as licensed software and networking software)which is capable of the functionality as described in the RFP dated xx/xx/xx.The project will be implemented at the following sites(list of sites). 2.Project Phases[The project phases based on the RFP and on the Contractor's proposal would be described here] 3.Project Control and Schedule Contractor will provide experienced management,administration,and support staff to ensure successful completion of the Project.Contractor support shall include the following functions and services. (a)Administrative Control Contractor will maintain schedule,budget,and cost information appropriate to the successful management of the contract on program status and planned activities.This information includes an ongoing analysis of cost and schedule variances. (b)Implementation Schedule Contractor and the County shall perform their duties and responsibilities hereunder in accordance with the schedule in Exhibit C as modified by the Implementation flan. Contractor and the County acknowledge that prompt performance of all services hereunder is required. Each party will use its best efforts to meet such deadlines and shall give the other party prompt notice of any anticipated delays in meeting such deadlines. (c)Reviews,reports,and meetings during the term of the Project,Contractor will conduct a project status review with the County approximately every two'weeks or as otherwise agreed.These reviews will include a discussion on the status of the Project,including details on technical issues,schedules,problems and potential problems,and recommended solutions to such problems.In connection with such meetings, Contractor will draft a report covering the foregoing ics and give it to the County in advance of the meeting.In addition,Contractor will attend such other technical and programming meetings and produce such reports concerning the Project as requested by the County. 4.Software (a)Licensing Terms The software provided under the Agreement shall be referred to as the"[J Software." The[]Software is licensed to the County pursuant to the terms and conditions of the license agreement(s) attached hereto as Attachment 1 and shall include any Customizations as referred to in Section 4.b below. (Attachment I will be Contractor's standard end-user license agreement.The County reserves the right to modify such license in oontract negotiations to meet the County's needs}. (b)Customizations to Contractor's Base Software County and Contractor agree to customizations of the Contractor's base software as detailed in Exhibit B. ``�' These customizations shall be considered as pail of the Contractor's base software for the purpose of any SEP. 1S, 2003 4. 21PM EMERGENCY SERVICES N0. 0365 P. 23139 future upgrade or release of that base software.In particular,Contractor explicitly agrees to support these customizations under its standard licensing and maintenance agreements. (c)Source Code Escrow Promptly after completion of the Traject,Contractor will enter into a source code escrow agreement in the form of Attachment 2 and deliver a copy of the source code for the(j Software to a bonded escrow agent approved by the County and Contractor.Thereafter,Contractor will deliver a copy of each revision or update to the[)Software,implemented by the County,to the escrow agent promptly after County implementation of such revision or update. (d)Custom Software Any custom so#tware("Custom Software")developed for the County pursuant to the Project,apart from the base software customizations referred to in Section 4.b above,shall belong to the County.Any Custom Software developed by Contractor hereunder shall be considered to be work made for hire under the US Copyright Act'and all copyrights and all intellectual property rights contained therein shall automatically be assigned to the County.Upon completion of such software,the Contractor shall deliver fully commented source code for such software to the County,and,except for Contractor Code(as defined below). Contractor shall have no right to use any portion of such Custom Code for other customers without the advance written penniss ion of the County.Contractor Code is defined as software code,which Contractor describes in detail to the County in writing prior to begituiing the project as belonging to Contractor.Those portions of Contractor Code,which are incorporated into Custom Code,shall be licensed to the County pursuant to the terms and conditions of Attachment I hereto. S. Software Support (a)Programming Assistance Contractor shall provide Programming assistance to the County as requested by the County and at the rates specified in Exhibit B. (b)Telephone Support Software telephone support will be provided pursuant to the provisions of Exhibit P. b.Data Conversion Contractor shall provide programrning assistance as specified in Exhibit B. 7.Technical Documentation Contractor shall produce and deliver to the County for review and approval at least six copies of a comprehensive user manual for the Project and at least five copies of any technical manuals provided with the project(system administration manual,programming manual,and the like).Contractor shall also give the County an electronic version of such documentation in a mutually agreed upon format including a format which can be loaded on a server for Countywide on-line access.Such versions may be reproduced by the County for use only by County personnel and contract workers without further compensation to Contractor.All manuals provided with the hardware provided under the Agreement shall also be provided to the County in both electronic and hard copy media.Updates to the foregoing manuals shall be provided to the County without charge. S.Training (The verbiage of this section will be based upon the training proposal submitted by the Contractor and accepted by the County.That proposal should include a provision for mining at extra cost if the County later requires more training than provided in the Contractor's proposal.The County must have the right to �� videotape Contractor training for later use in periodic County training only). SEP- 18, 2003 4: 22PM EMERGENCY SERVICES NO. 0365 P. 24/39 9.Additional Consulting . Any consulting requested by the County,which is not covered by the Project,shalt be provided at the rates set forth in E\hibit 13. 10.Acceptance Testing The Project as delivered and installed by Contractor will be tested in accordance with the provisions of Exhibit D. General Warranties The Contractor warrants(a)the hardware sold hereunder and all of its parts and components are new and unused,(b)Contractor has good title to that hardware,free from lieu and encumbrances,and that good title to the hardware shall pass to County upon payment in full of the purchase price for the Project,and(c) County shall have all the rights of a direct purchaser of the hardware from the manufacturer(e.g.,update rights,patent Indemnificacion,etc.). 12.Maintenance The Project,will be maintained pursuant to the terms of.Exhibit F.Service and parts will be provided at no cost to the County for 12 months after the acceptance of the Project by the County.Contractor represents and warrants that the hardware sold hereunder qualifies for service under its manufaeturees standard warranty and post-warranty maintenance.Contractor will provide County with all necessary documentation to activate such warranty and post-warranty maintenance. 13.Relocation of Project The County shall have the right to relocate the Project to another County site in Contra Costa County upon written notice to Contractor.The County shall also have the right to transfer the[]software to another County computer system upon written notice to Contractor.County may,at its option,and at no additional fee,elect to transfer the software to a different computer architecture of its choice which is supported by Contractor by providing written notice to Contractor of such trans fey. MIBIT B EQUIPMENT AND SOFTWARE DELIVERABLE ITEMS PRICING FOR ADDITIONAL ITEMS DR Fr 1.Hardware and Software(This section will provide the following information for each item of hardware and software to be provided:description,quantity,unit price and total price). 2.Labor Charges (This section will provide a labor charge for each milestone identified in Exhibit Cl. 3.Hardware and Software Maintenance [This section will include pricing for support and maintenance for each Item of hardware and software after the expiration of the applicable warranty period). �"'' 4.Additional Training SEP, 18, 2003 4: 22RM EMERGENCY SERVICES NO. 0367 P. 27/'39 Training not included in the contract price will be provided by contractor at a rate of S---per hour. 6.Additional Consulting Consulting not included in the contract price will be provided by contractor at a rate of$-•--per hour. 6.Other-Costs [Pricing should also be given for an other costs,such as outside services] 7.Additional Hardware and Software [This section will contain a formula for adding hardware and software] S.Best Pricing Contractor represents and warrants that the license,maintenance,training,consulting,data- conversion,and other fees listed herein and the prices charged for the hardware are the most favorable fees and prices Contractor offers to its customers.The best pricing provisions of this Section shall also apply to fixture purchases of software licenses,maintenance,training,data-conversion services,hardware and other services and products purchased by the County from Contractor. 9.Expenses Contractor's costs and expenses of telephone,travel to the County's office,and other office and travel expenses are included in the costs listed above and are not reimbursable. t EXHMIT C PROJECT MILESTONES AND SPECIAL PAYMENT PROVISIONS DRAFT [Project Phases based on the RFP and the selected Contractor's proposal shall be described in detail here]. EXHIBIT D PERFORMANCE AND ACCEPTANCE CRITERIA 1.Performance Criteria As indicated in the RFP,the Contractor is expected to submit a proposed acceptancewtesting plan for review and approval by the County.The plan should adopt the performance criteria and functionality as set forth in the Technical Specification as accepted by the County and the user manual for the j]sofmare. 2.Testing and.Acceptance.The Contractor's proposed acceptance-testing plan must include the following '``"' subjects at a minimum: SEP, 18. 2403 4: 23PM EMERGENCY SERVICES NO, 0365 P. 26139 (a)Functional Testing In conjunction with the County,Contractor shall develop tests,which cheep the compliance of the Project with the functionality and performance described in the performance criteria.Such tests shall be submitted to the County for review and approval.After approval of the tests,Contractor shall run the tests in the presence of County personnel designated by the County. (b)Stress Testing in conjunction with the County,Contractor shall develop tests,for review and approval by the County, which simulate the County's future projected conditions of continuous heavy use of the Project and/or sudden bursts of traffic under different patterns of usage. (c)Real-Time Testing In conjunction with the County,Contractor shall develop tests to evaluate the Project in a real-time environment at the County with all data loaded into the system after successful completion of functional testing and stress testing. Such tests shrill last at least 30 days and shall measure Project performance in accordance with the acceptance criteria. (d)Recovery`testing In conjunction with the County,Contractor shall develop tests,for review and approval by the County, which demonstrate recovery of databases and program files. (e)evaluation. At the conclusion of each of the tests described above,the County trust promptly inform Contractor in writing if the Project has passed or failed to pass the test.If the Project does not pass all aspects of the test, the County shall provide Contractor detailed information with documented examples concerning the failure to pass the test.If Within 30 days after receipt of such written notice,Contractor is not able to remedy the cause of the failure to pass the test,then the County shall have the right to return the Project to Contractor, within 90 days after the date of such written notice to Contractor,for a full refund of the prig paid by the County for the Project. EXHIBIT E I MEMNIT Y AND INSURANCE CONTRA COSTA COUNTY CONTRACTUAL TERMS AND CONDITIONS Indemnity SEP. 18. 2003 4: 23PM EMERGENCY SERVICES NO. 0365 P. 27/34 The Contractor shall indemnify,defend,save and hold harmless the Contra Costa County(hereinafter "County")its officers,agents and employees from any and all claims,costs and liability for any damages, ``--' siclaiess,death,or injury to person(s)or property,including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents,servants,employees or subcontractors,hereunder,save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees.Contractor will reimburse the County for any expenditures,including reasonable attorneys' fees,the County may make by reason of the matters that are the subject of this indemnification,and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. Insurance During the entire term of this Contract and any extension or modification thereof,the Contractor shall keep in,effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions. a.Liability Insurance.The Contractor shall provide comprehensive liability insurance,including coverage for owned and non-owned automobiles,with a minimum,combined single limit coverage if$500,000 for all damages,including consequential damages,due to bodily injury,sickness,or disease,or death to any person or damage to or destruction of property,including the loss use thereof,arising form each occurrence.Such insurance should be endorsed to include the County and its offices and employees as additional insureds as to all services performed by Contractor under this AgrcemenL Said policies shall constitute primary insurance as to the County,the State and Federal Governments,and their officers, agents, and employees,so that other insurance policies field by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b.Workers Compensation,The Contractor shall provide workers'compensation insprance coverage for its employees. c.Certificate of Insurance.The Contractor shall provide the County with(a)certificate(s)of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract.If the Contractor should renew the insurance policy(ies)or acquire either a neer insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract,the Contractor shall provide(a)current certificate(s)of insurance. d.Additional Insurance Provisions.The insurance policies provided by the Contractor shall include a provision for thirty(30)days written notice to County before cancellation or material changes of the above- specified coverage. SPECLA1 CONDITIONS COUNTY A.FIRMATIVE ACTION REQUIREMENTS The Contra Costa County Hoard of Supervisors has adopted a.program to help and support Minority Business Enterprises(MBE)and Women Business Enterprises(WBE)by providing opportunities for participation in the performance of County financed Professional and Personal Services'contracts or Consulting Service Agreements. Attachment 2 ESCROW AGREEMENT DRAFT SEF. '8. 2083 4: 23PM EMERGENC1Y SERVICES 0 0385 P. 28/39 This Escrow Agreement is made this day of 1999 by and between("Contractor")a corporation,and Contra Costa County(the"County")and("Escrow Agent"),a corporation. 1.DEPOSIT Contractor has concurrently herewith deposited with Escrow Agent a copy of the source code form of the software("Source Code"),including all relevant commentary,explanations and other documentation of the Source Code(collectively"Commentary").Contractor also agrees to deposit with Escrow Agent,at such times as they are trade,a copy of all revisions of the Source Code or Commentary encompassing all corrections and enhancements made to the Software by Contractor pursuant to the License Agreement or Maintenance Agreement.Promptly after any such revision is deposited with the:Escrow Agents both Contractor and Escrow Agent shall give written notice thereof to the County. 2,TERMS This Escrow Agreement shall remain in effect during the terra,of the License Agreement and any software Maintenance Contract between Contractor and the County.Termination hereof is automatic upon delivery of the Source Code and Commentary to the County in accordance to the provision hereof: 3.DEFAULT A default by Contractor shall be deemed to have occurred under the Escrow Agreement upon the occurrence of any of the following: (a)If Contractor has availed itself of,or been subjected to by any third party,a proceeding in bmilavptcy in which Contractor is the debtor,an assignment by Contractor for the benefit of its creditors,the appointment of a receiver for Contractor,or any other proceeding involving insolvency or the protection of,or from, creditors and same has not been discharged or ternunated without any prejudice to Contr'actor's rights or interests under the License Agreement within 30 days,or (b)If Contractor has ceased its on-going business operations,or its licensing,maintenance or other support of the Software (c)If Contractor fails to pay the annual fee due to Escrow Agent hereunder;or (d)if any other event or circumstance which demonstrates with reasonable certainty the inability or unwillingness of Contractor to fulfill its obligations to the County under the License Agreement,this Escrow Agreement or any Software Maintenance Agreement between the parties,including,without limitation,the detection of defects in the software. 4.NOTICE OF DEFAULT County shall give written notice to Escrow Agent and Contractor due to the occurrence of a default hereunder,except that Escrow Agent shall give notice of the default to County and Contractor ifdefault is based on failure of Contractor to pay Escrow Agent's annual fee.Unless within seven 7)days thereafter, Contractor files with the Escrow Agent its affidavit executed by a responsible executive officer stating that no such default has occurred or that default has been cured,then.the Escrow Agent shall upon the eighth (8th)day deliver to the County the entire Source Code and Commentary with respect to the Software then being held by Escrow Agents S.COMPENSATION As compensation for the service to be performed by Escrow Agent hereunder,Contractor shall,pay to the Escrow Agent an initial fee of$ ,payable at the time of execution of this Agreement,and an annual SEP. 18, 2003 4: 24PM EMERGENCY SERVICES NO, 0363 P. 29/34 fee in the amount of . ,to be paid to Escrow Agent in advance on each anniversary date hereafter during the tern of this Agreement. 6.LIABILITY Escrow Agent shall not,by reason of its execution of its Agreement,assume any responsibility or liability for any transaction between the Contractor and the County,other than the performance of its obligations,as Escrow Agent,with respect to the Source Code and Commentary held by it in accordance with this Agreement. 7.TES'T'S Upon written notice to Contractor and Escrow Agent,County shall have the right to conduct tests of the Source Code held in escrow,under the supervisions of Contractor,to confirm that it is current Source Code for the Software running on the Hardware specified in the License Agreement. B.CONFIDENTIALITY Except as provided in this Agreement,Escrow Agent agrees that it shall not divulge or disclose or otherwise mage available to any third person whatsoever,or make any use whatsoever,of the Source Code or Commentary,without the express prior written consent of Contractor. 9.ADDRESS All notices or other communications required or contemplated herein shall be in writing,sent by certified trail,return address requested,addressed to another party at the address indicated herein or as same may be changed from time to time by notice hereby give: For Contractor For County Por Escrow Agent.. 10.ASSIGNMENT Neither this Escrow Agreement,nor any rights,liabilities or obligations hereunder may be assigned by Escrow Agent without the prior written consent of the County and Contractor. IN FITNESS WBPIT EOF,the parties have executed this Maintenance Agreement as of the date first set forth above. CONTRA COSTA COUNTY CONTRACTOR Authorized Signature Authorized Signature SEP. 18. 2003 4: 24PM EMERGENCY SERVICES h0. 0365 P. 30/39 ` Print name and title Print name and title ESCROW AGENT Authorized Signature Print name and title EXHIBIT F MAINTENANCE AGREEMENT DRAFT This Maintenance Agreement is made this`day of by and between("Contractor")a corporation,and Contra Costa County(the"County"). 1.DEFINTHONS (a)"System"means description,of the system (b)"Hardware"means the equipment portion of the Project,which is listed on the attached Schedule as it may be amended. (c)"vendor Software"means Proprietary Software and Third-Party Software which are part of the Vendor offering(s)and which are listed on the attached Schedule as it may be amended (d)"Custom Software"shall have the meaning set forth in Mbit A to the Agreement of which this Maintenance Agreement is a pari. SEF, i8, 2003 4:24PN EMERGENCY SERVICES NO. 0365 P, 31%39 (e)"Major Malfunction"means the failure of the host computer for the Project to function in acoordance with.the Project user manual or the failure of all terminals or workstations at a County Project site to -'' function in accordance with the Project user n=ual in such a manner as to render the Project host or Project site effectively unusable. (f)"Proprietary Software"means Software,which is developed by or licensed to Contractor and is maintained by Contractor. (g)"Third-Party Software"means software,such:as operating system software which has been developed and which is maintained by a patty other than Contractor. (h)""Workaround"means a recommended change in the standard procedures for use of the vendor software to avoid an error without significantly impairing performance of the vendor software. (i)"First Productive Use",means that paint in time which County processes"live"customer data with any function portion,or total function,of the vendor software. 2.COVERAGE ANIS GENERAL MAINTENANCE RESP©NSIBMITIES (a)In accordance with the terms and conditions of this Maintenance Agreement,Contractor will provide the County with the maintenance services described herein for the[j Hardware and Software listed on the attached Schedule{Inc.Additional[]Hardware and Software may be added upon written notice from the County to Contractor and payment of the applicable fee as calculated in accordance with Section Sc hereof []Hardware and Software may be deleted from coverage under this Maintenance Agreement upon written notice from the County to Contractor. - (b)The County acknowledges that Contractor may be an agent or contractor for the manufacturer of[ Hardware for the repair of that hardware or may arrange for that hardware to be repaired by the manufacturer's authorized repair facilities.Such arrangement shall not relieve Contractor of its obligations for maintenance and support of the entire Project.Contractor represents and warrants that the()Hardware and Third.Party Software qualifies for service under its manufacturer's or publisher's standard warranty and post-warranty maintenance,Contractor will ensure that all necessary documentation is executed to activate such warranty and post-warranty maintenance. (c)During the term of the term of this maintenance Agreement,the.Contractor will,be responsible for ensuring that the Software,when used in accordance with the applicable Documentation,will perform all the functions listed in,and operate substantially in accordance with(a)the Tecbnical Specification and(b) the applicable user manuals provided with the software.Contractor`s sole obligation under this warranty will be to repair promptly the software or provide the other remedies set forth in Section 4 of tins Maintenance Agreement.As part of its obligations hereunder,Contractor shall check for and remove,at least once each 30 days,any"harmful code,"defined as programming that is intentionally and specifically constructed for the purpose of destroying,interrupting,or otherwise adversely affecting other code or data in the Project,such as by replicating itself or a anotheµprogram many times without any useful purpose. 3.MAINTENANCE ANIS SUPPORT SERVICE (a)Contractor shall provide telephone support to the County concerning the use of the Project. (b)Contractor shall provide remote diagnostic analysis of software problems via modern and correction of such problems remotely or on-site,if necessary.Contractor will provide without charge all labor and parts for the I)Hardware necessary for keeping the System in goad working order. (c)Contractor shall exercise commercially reasonable efforts to correct any replaceable error in the Proprietary software reported by the County,which causes the Software to fail to operate substantially in SEF. 10. 2003 4: 25PM EMERGENCY SERVICES N0. 0365 P. 32/39 accordance with its user manual.Contractor will attempt to correct as soon as possible errors,which cause a Major Malfunction or materially restrict the full use of the Software when used in accordance with its user manual.For such errors,Contractor will use its best efforts to develop a temporary workaround until a permanent correction can be effected.Temporary workarounds will be made permanent corrections in the next release of the Proprietary software.For ether errors in the Proprietary Software,Contractor will use reasonable efforts to include a correction in the next release of the Proprietary Software,which should be issued within six months after discovery of such error.Contractor shall provide all updates,enhancements, and improvements to the Proprietary Software,and installation support without charge.Contractor shall provide release notes and revised documentation therefor. (d)Contractor will promptly report errors in Third Party Software of which it is aware to the publisher of the'€`turd-Parry Software for correction.Contractor will,without charge,arrange for the County to obtain promptly and will install all updates,enhancements,and improvements to Third-Party Software and engineering changes to[]Hardware which are provided by the third-party publisher or manufacturer. Contractor shall provide the County with release notes and revised documentation therefor,which are provided to it by the publisher or manufacturer. (e)Any modification to the Custom Software which is required to ensure compatibility with updates, enhancements,and improvements to the Proprietary Software or Third-Party Software shall be accomplished by Contractor as part of maintenance charge to the County.Arty resulting necessary revisions to the documentation for the Custom Software will be furnished to the County without charge. 4.ESCALATION PROCEDURES;REMEDIES If Processor cannot pass load test remedies will be spelled out here. [This Section should be dratted by the Contractor for review and acceptance by the County.It should include procedures for escalating the software problems that cannot be solved within a reasonable time. This Section should include a provision,which allows dte County to obtain a copy of Contractor's source cock for the Proprietary Software if an error in such software causes a Major Malfunction and such software cannot be fixed.within 45 days.The County would then be able to hire a programmer at Contractor's expense to fix the Proprietary Software.In addition,this Section should include a provision which requires the Contractor to provide hardware upgrades without charge for parts or labor if,during the lust year of the Maintenance Agreement,the software does not meet the Technical Specification or otherwise meet the requirements of Section;2c-1 5.SERVICE FOURS AND RESPONSE TIMES (a)Except as otherwise provided herein,Contractor shall provide the services set forth in Section 3 hereof between the hours of 6.00 a m.to 6:30 p.m.,Pacific Time,Monday through Friday,excluding County holidays. (b)Contractor will use its best efforts to rtspond to a request for services within 60 minutes via telephone after receipt of such inquiry.If on-site diagnosis or service is necessary,then Contractor will use its best efforts to arrange for such diagnosis or service to take place by a Contractor authorized representative within two business days after a determination is made that it is necessary. (o)Contractor shall maintain an emergency capability to respond to Major Malfunctions outside of the hours set forth in Section 5a and on weekends and holidays.Contractor shall use its best efforts to respond ``�--' to a Major Malfunction within 30 minutes via telephone.If ort-site diagnosis or service is necessary for a SEP. 18. 2003 4: 26PM EMERGENCY SERVICES 00365 F. 33/39 Major Malfunction,then Contractor will use its best efforts to arrange for such diagnosis or service to take place by a Contractor authorized representative within six hours after a determination is made that it is necessary. 6.SPARE PARTS (a)Contractor shall obtain a written commitment from each manufacturer of j]Hardware that parts, maintenance,and manufacturing field support shall be available for[)Hardware for a period of not less than five years from the date of final acceptance by the County of the(]. (b)Each such spare part for ]Hardware shall be available to the County within two hours after the need for such part is identified. 7.RESPONSIBILITIES OF THE COUNTY The County shall promptly report any problem,which is covered hereunder to Contractor,and provide details concerning such problem.The County shalt allow authorized representatives of Contractor access to the software during the County's regular business hours and thereafter,if necessary.The County shall refrain from making repairs or modifications to the software without the advance written approval of Contractor.The County shall provide a telephone line for remote diagnosis of the software by Contractor.It is the responaility ofthe County to ensure that all of its electronic files on the software are periodically and adequately duplicated and documented. 8.EXCLUDED SERVICES 9.CHARGES AND PAYMENT (a)There shall be no charge to the County for the first year of this Maintenance Agreement after First Productive. (b)Thereafter,the County shall pay Contractor the applicable fees listed on the attached Schedule. Maintenance fees are billed on an annual basis and such fees may not increase for j years from the commencement date of this Maintenance Agreement. (Please note that the County may not be in a position to make payments in advance,as mandated by State law). (c)Additional hardware and software may be added upon written notice from the County to Contractor and payment of the applicable fee set forth in Exhibit B to the Agreement of which this Maintenance Agreement is a part.If no fee is set forth for the item to be added,then Contractor and the County will negotiate a mutually acceptable fele which is calculated pursuant to the same formula used to calculate the maintenance foes in Exhibit B. (d)The County shall be responsible for all takes associated with the services to be provided hereunder, other than taxes based on Contractor's income.The County shall also pay.any charges incurred,which are not covered by this Maintenance Agreement The County's payment shall be due within 30 days of receipt of the Contractor invoice. 10TERM AND TERMINATION (a)This Maintenance Agreement shall continence cine year after the First Productive Use of the software by the County and shall continue for five years thereaft r.It shall automatically be extended thereafter annually for additional one-year terms unless terminated as provided herein.The County may terminate this Agreement without cause upon 60 days advance written notice to Contractor.Contractor may terminate this Maintenance Agreement at the end of the original term or at the end of any renewal term by giving,the �-�-' other party written notice at least 30 days prior to the end of such term. SEP. 18. 2403 4. 26PM EMERGENCY SERVICES NO, 8365 P, 34/39 (b)Either party may terminate this Maintenance Agreement upon written notice to the other party that such parry has failed to observe,keep,or perforin any material provision of this Maintenance Agreement.Such termination shall be effective 34 days from the receipt of such notice unless the defaulting party has completely cured the default within that thirty-day period. (c)The County shall be entitled to a pro-rata refund of fees paid in advance in the case of a termination. 11.REPRESENTATIONS AND LIMITATION OF LIABILITY (a)Contractor represents that the maintenance services Will be performed in a workman like manner. CONTRACTOR DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED,FOR.MAINTENANCE UNDER,THIS MAINTENANCE AGREEMENT INCLUDING BUT NOT LIMITED TO TIM WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.The foregoing disclaimer shall not affect Contractor's obligations under the Equipment,Software,and Services Procurement Agreement under which the PeopleSoft Software was procured from Contractor.()Hardware and Third-Party Software are subject to any warranties or limitations of liability stated in documentation provided by such products'manufacturers with such products. (b)Except for claims for bodily injury or property damage to the extent caused by the proven fault or negligence of Contractor and not arising from use of the software,Contractor's liability for damages under this Maintenance Agreement(regardless of the form of action,whether in contract or tort)shall in no event exceed the amount paid by the County to Contractor for a one-year period.CONTRACTOR WILL NOT BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS,HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OP SUCH DAMAGES OR FOR ANY CLAIM AGAINST THE COUNTY BY ANY OTHER PARTY.Contractor shall not be liable for any failure or delay in performance under this Maintenance Agreement due to causes beyond its reasonable control. 12.NOTICES All notices and demands issued hereunder shall be in writing and shall be delivered in person,by mail,or by delivery service to the party at its address given below or at such difFarent address as may be designated by written notice by one party to the other party. 13.ASSIGNMENT,SUBCONTRACTING,AND PROFESSIONAL.COMPETENCE (a)Contractor may not assign this Maintenance Agreement without the advance written consent of the County. (b)Contractor may utilize subcontractors to provide some of the services required hereunder,provided that the County may,upon written notice to Contractor,require the removal of a subcontractor for unsatisfactory service.Any subcontractor performing services hereunder will be subject to the same terms and conditions a$are set forth herein,and Contractor shall remain liable for the performance of any subcontractor. (c)All work hereunder performed by Contractor or its subcontractors shall be accomplished by competent ` '� and reliable professionals who are thoroughly trained for the tasks that they will be performing. SEP, 18, 2443 4:27PM EMERGENCY SERVICES NO. 0365 P. 35139 14.GENERAL Any illegal or unenforceable provision shall be severed from this Maintcmance Agreement.The waiver of any default under this Maintenance Agreement shalt not waive subsegumt defaults of the same or different kind.This Maintenance Agreement shall be governed by the laws of the State of California.Any dispute arising under this Maintenance Agreement shalt be adjudicated in the state or federal courts in Contra Costa County,California.This Maintenance Agreement states the entire agreement concerning Contractor's provision of maintenance services to the County and supersedes and cancels and prior agreements, understandings,and negotiations.It may be amended only by a written amendment executed by authorized representatives ofboth parties.The County's purchase orders or other ordering document shall not add to or vary the terms of this Maintenance Ageement. IN WITNESS WMEO'x,the parties have executed this Maintenance Agreement as of the date first set forth above. CONTRA COSTA COUNTY CONTRACTOR. Authorized Signature Prism name and title Address for Notices:Address for Notices: Attm Attn; EXHIBIT G SOFTWARE LICENSE AGREENIE'NT 1.Definitions "Documentation"means only technical publications relating to the use of the Software,such as reference, user,installation,system administrator and technical guides delivered by Vendor to County. "Tools"means the underlying architecture from which the Software is designed,and includes software application programming tools and code. SEP. I8. 2003 4: 27PM EMEHENCY SERVICES N0, 0365 P. 36/39 "Software"means all or any portion of the United States version of the binary computer software programs (including corresponding source code)provided by"Vendor or made by the County with Vendor's prior written consent,in machine readable form including all listed in Schedule[ and all corrections or updates thereto.Software includes third-party software as identified in Schedule(]. "Server"means a single database or file server,which may be accessed by a network of personal computers. "Territory"means the United States and Canada. "Site"means a specific,physical location of County's Server. 2.License 2.1"Vendor grants County a perpetual,non-exclusive,nontransferable license to use the licensed number of copies of the software in the Territory,solely for internal data processing operations,on each Server at the Site up to the licensed number of workstations specified in Schedule[].Any third party software products or modules provided by Vendor to County shall be used solely with Vendor's Software.County may use the Software temporarily on a machine other than the Server in the event that the Server is inoperable. County may make a reasonable number of copies of the Software solely for archive or emergency back-up purposes and/or disaster recovery testing purposes.County may modify or merge the Software with other software with the understanding that any modifications,however extensive,shall not diminish Vendor's title or interest in the Software. 2.2 Vendor shall provide County with the licensed number of copies of the Software and Documentation as specified on Schedule(}.County may make a reasonable number of copies of the Documentation solely for County's internal use with the Software provided all copyright notices are reproduced. 3.License Exclusions 3.1 Except as expressly authorized herein,County shall not: (a)Copy the Software; (b)Cause or permit reverse compilation or reverse assembly of all or any portion of the Software; (e)Distribute,disclose,market,rent„lease or transfer to any third party any portion of the Software or the Documentation,or use the Software or Documentantion in any service bureau arrarngement,facility, management,or third party training; (d)Disclose the results of Software performance benchmarks to any third parry without the prior written consent of Vendor; (e)Trarnrsfer the Software to a different Server platform without the prior written consent of Vendor(such consent not unreasonably withheld); (f)Transfer the Software to a different Site without prior written notice to Vendor. (g)Export the Software in violation U.S.Department of Commerce export administration regulation. (h)Invoke support libraries other than through documented AN calls;and (i)Use Tools except in conjunctionwith the licensed Vendor applications. SEF. 10. 2003 4: 21FM EMERGENCY SERVICES NO Q365 P. 31/39 3.2 No license,right,or interest in any Vendor trademark,trade name or service mark is granted hereunder. 4.Fees and Payment Terms. 4.1 County shall pay Vendor the fees specified in Schedule()and in accordance with the schedule of payments listed in Exhibit C. 4.2 Unless County provides Vendor with a valid tax,exemption or direct pay certificate,County is responsible for all taxes concerning the Software and or services excluding taxes based on Vendor's income.Overdue payments shall bear interest at the lesser of 12%per annum or the maximum rate allowed under the applicable law. 5.Title end Protection. 5.1 Vendor(or its third-party providers)retains title to all portions of the Software,any modifications to the Software developed with[]Tools,and any copies thereof.Title to the physical media for the Software vests in the County upon delivery.Vendor represents that the Software contains valuable proprietary information and County shall not disclose the Software to anyone other than those of its employees or consultants under nondisclosure obligations who have a need to know for purposes consistent with this Agreement County shall affix,to each full or partial copy of the Software made by the County,all copyright and proprietary information notices as affixed to the original.The obligations set forth in this paragraph shall survive termination of this Agreement. 5.2 The Software may be transferred to the U.S.Government only with the separate prior written consent of Vendor and solely with"Restricted Rights"as the term is defined in F'.A.R.52.227-19(c)(2)(or DEAR 252.227-7013(o)(1)if the transfer is to a defense-related agency)or subsequent citation. S.Default and Termination 6.1 Azy of the following shall constitute an event of default: a.County fails to perform any of its obligations under"License Exclusions"or"Title and Protection";or b.Either pasty fails to perform any material provision of this Agreement and such failure is not cured within thirty(30)days after receipt of written notice thereof. 6.2 If an event of default occurs,the non defaulting party,in addition to any other rights available to it under law or equity may terminate this Agreement and all licenses granted hereunder by written notice to the defaulting party. 6.3 Within fifteen(I5)days after termination of this Agreement County shall certify in writing to Vendor 'that all copies of the Software in any form,including partial copies within modified versions,have been destroyed or returned to Vendor. 7.Limited Warranty Vendor warrants that it has title to the Software and the authority to grant license to use the Software. "Vendor warrants that the Software will perform substantially in accordance with the Documentation for as long as Vendor continues to support the version of the Vendor Software in use at the County and County subscribes to Vendor's Software Support Services.Vendor's sole obligation is to repair or replace the defective Software,provided County notifies Vendor of the deficiency and provided County has applied all Software updates provided by Vendor's Software Support Services.VENDOWS DISCLAIMS ALL OTnR WARRANTIES MRESS OR IMPLIED UNDER THIS LICENSE AGREEMENT INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEP. 11 2003 4:28PM EMERGENCY SERVICES NO. 0365 P� 38/39 8.Limitation of Liability �..✓' EXCLUDING DAMAGES INCURRED UNDER.THE"INFRINGEMENT PROTECTION CLAUSE IN THE MAIN AGREEMENT"VENDOR'S LIABILITY FOR DAMAGES UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL IN NU EVENT EXCEED THE AMOUNT PAID BY COUNTY TO VENDOR FOR THE SOFTWARE OR THE SERVICES FROM'RICH THE CLAIM AROSE. 9.tin-Site Support Days. Vendor sixall provide County with support at the Site for the Software as set forth in Schedule One.For a period of six(6)months from the Scheduled Effective Date, support days not used during the installation phase may be used for other implementation support. 10.Training. Vendor shall provide county with the number of training units set forth in Schedule for use at a:Vendor Training Facility.County may use training units for Site training as the parties mutually agree in writing. County must use these training units within one(1)year from the Scheduled Effective Date. 11.Nondisclosure Obligation I1.1 County shall protect the Software with at least the same degree of care and confidentiality,which County utilizes for similar County information which it does not wish disclosed to the public.County may provide access to and use of the Software only to those third parties(undertaking,similar nondisclosure obligations),providing services concerning County's use of the Software. 12.Notices All notices shall be in writing and sent by first class mail,overnight mail,courier,or transmitted by facsimile(if confirmed by such mailing),to the address indicated on the first page of this Agreement,or such other address as either party may indicate by at least ten(14)days prior written notice to the other party.Notices to"Vendor shall be seat to the Legal Department. 13.Assignment County may not assign this Agreement(by operation of law or othenvise)or sub license the software without the prior written consent of Vendor,and any prohibited assignment or sub license shall be null and void. SEP, i$. 2CC3 4: 28PM EMERGENCY SERVICES NO. 0365 P, 39139 ii � eh -� rtl lu C s eq w ' v6 6 w al Ivry t� � X71 w✓ C C V> +t,Q. tT M oei O N G7 Ch s"4 b C�, "(� pw r^s sre +T CS ++t G fV aQ AC� A4� aC x+t �b vM1 3V +AS fV ri tT � cm c i3 oa d i t in rn t w aIS ` o a t5 t atun ta SEP. 18. 2003 4: 29PM EMERGENCY SERVICES NO- 0366 P. 1/17 CTAC Telephone Emergency Notification System Suis Project Team Cast First Company Title Selection Representation Betts Terry CCG:Sheriffs PSAP Manager Telecommunications Hennessey Tim CCC Sheriffs Dispatch Supervisor Dispatcher Ohren Sanford Diablo Valley Collage Emergency Prepardness Education Rathbone Steve CCC OES Sr Planner IDES Sawyer Randy CCC Health Service HazMat Supervisor HazMat Semean Tony CA.ER Executive Director CAER CA,ER Lazorick John Shell Envirosamestal Staff Engineer Shell Vanek Debra CCC 0ESICW i CWS Asst Project Manager CWS SupportICTAC Mute Elizabeth CCC CWS County CWS Manager CCC CWS Buckhalt John CCC GSD Purchasing Agent Purchasing Meson Kathy Community Concemed Public Community Clegg Boyd Sacs Ramon Valley Fire Battalion Chief City Fire Gru+elich William City of Berkeley City Emergency Manager City Emergency Management Francis Troy S©Volunteer Services Corporal SO Volunteer Services Christenson Frick SO Volunteer Services Sergeant Search&Rescue Morris Frank City of San Ramon City Emergeny Manager City Emergency Manager SEP. 18. 2803 4:29PM EMERGENCY SERVICES NOA3166 P. 2117 March 31, 20013 Dear Congratulations,you have been selected to participate in the second phase of the Contra Costa County Telephone Ring-down System Selection process. This is a REQUEST FOR PROPOSAL (RFP). Please arrange your schedules to be available Friday April 11, 2003 for your presentationtinterview. NOTE. This is a change of date. Be prepared to deliver a detailed scope of work, project schedule, and detailed casts of your proposed system to the selection committee at the time of your presentation. We will notify you as soon as possible as to your specific time slot. It would be in your best interest to tering a GIS savvy person to your presentation/interview as there will be technical CIS and database maintenance related questions asked. Please include in your response, answers to the Technical Requirements, as numbered, in Attachment A—Technical Requirements Document. Five (5) bound copies of your RFP must be received at 50 Glacier Drive, Martinez, CA 94553 at the time of your presentation April 11,_2003 to be considered. Please also provide a digital copy in MS Word or compatible format. Vendor presentations will be video taped for internal use only, Please plan to arrive at least 15 minutes early to the Centra Costa County Sheriffs Emergency Operations Center at 50 Glacier Drive, Martinez, CA 94553, You will be admitted when the presentation before you is finished and allowed 15 minutes for setup time. The presentationfinterview will last appro(imately 60 minutes and you must allow time to include a question and answers period during this time frame. Following this "e-mail" letter is the full RFP document. Please respond-to John Bctckhalt General Services Department Purchasin Division via e-mail that yqu received this letter a d attachments; Reply to: ibuckhP,-qsd.co.contra-costa.ca.us The following topics must be covered in your RFP response and presentation: 1) Consistency of Staffing your teams' ability to commit the same personnel for the duration of the project. 2) Solution Recommendation--your teams' recommendation of a solution, both product and/or application based on the Technical Specification provided by Contra Costa County as a part of the SOO package. 3) Similar Project Experience w-discuss project design, development, implementation, and training of client staff. 4} Project/Methodology--please describe the project methodology, timeline, and milestones you would use. SEP. 18. 2003 4.29PM EMERGENCY SERVICES N0. 0366 P. 311 .7 5) Project Schedule--please each a proposed project schedule. Please feet free to contact Lis flute at(925) 646-4461 if you have any questions. Sincerely, Warren E. Rupf, Sheriff Scott Parsons, Captain, Emergency Services Division By: Elizabeth (Lis) P. Klute, Community Warning System Manager WER:SP:EFK-dv Cc. P.Clancy,Commander,SO S.parsons,captain,SO S.Sutter.Manager,SO L.Pasca###,Director,HS E.K#.ate,Manager,SO SEP, 18. 2003 4:29PM EMERGENCY SERVICES 00366 P. 4/17 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF COMMUNITY WARN'IN'G SYSTEM `•�..• SUPPLEMENTAL TELEPHONE RING-DOWN SYSTEM EVALUATION SHEET Company Name: Score each area from 1-5 and male an-y-notation on feel is important. 1-Unsatisfacto 2-Poor 3- aWsfacto 44 Good 5•Excellent 1. Relevant experience in the provision of telephone ring-down service. (years of service,years in California,years in jurisdictions, size,industry a major component,similar to Contra Costa County). Score: Comment: 2.Ability to provide rapid,24 hr. response during an emergency. Scare: Comment: -�` 3.Capable of inputting predetermined notification zones. Score: Comment: 4.Ability to provide multi-language messaging during an emergency. Scare: Comment: 5.Available backup redundant facilities with trained stall`at separate locations that can provide notification, in case there is an emergency at their primary site. Scare: Comment: 6.The number of 60 second calls that the company can make in an hour and at one time. Scare: Comment: SEP. l8. 2003 4: 30PM EMERGENCY SERVICES NO, 8366 P. 5/17 7. Howe soon the company can provide reports after the activation of the system, to the client.(How soon,is a list of numbers called provided,type of report,number of calls made,how many answered on Ist, 2nd & 3rd attempts) Scare: Comment: 8.Does the company get telephone data base updates from the service provider or the client,(How often does it obtain the updates,how fast can it integrate the information into the database) Score: Comment: 9.Does the company provide training to the client? (Initially,when their system changes, at what cost,for a limited time) Scare: Comment 10. Overall impression that all the questions asked were answered to our '`--' satisfaction. Scare: Comment: TOTAL SCORE Evaluator's Signature Date 4/11/03 SEP, 13, 2003 4: 30PN VENDOR EMERGENCY SERVICES ��r J� J� NO, 0366 P, 6/17 ELUTION April 11, 2003 a of Evaluation: Emergency Telephone Ring-Down System X Services Hardware X Software Other RATINGS: AJ1 Evaluators-You MUST complete the document for all evaluatians and provide to Project Mgr. 1- unsatisfactory 2-Poor 3-Satisfactory ;tti ��.`.@.,rC,+t! rf#£rt:Ir ,,t.'bhrrsx6r• ,.sp.7xJp'Ss 4,;1a,.E.`..L '"l �t3-Sy a,tisfa+.ctory4-Very Good odf 5-rE'•.�xcel.lient 'Ilk z !xViv Jltry w•r•r.j i ,rr t. r'•r` <4 i ,.,s.+"a:i rot c£t r s �^ {} if•i z.L' a k y? v zy ra `�'rs`i+`'3•I;. ,Yx,C, µjwY x'i'i E s�•C!` k �SIMPL t ''.}y. et '"✓a�$r .;;;,.`e rv".tswti, V t_ t +, aG ,r� � Y$g'k7 L�dS,t ,,i�,(y+�aµr, 5,r}.,� .:4 ";v�l'.:A�•, it �'!' •,?"•f .� y ,o,'LF, yft , ror 1,. .`i WA It" rK, '•ar ` x: .•s ri, «r .,� m „S} } w +; • Lr a kms,:' vY Fta t J. a t £ a_t"' e" a ' '`` +p..� r r4 t` S •"tf4#:`{t'i+'Jt �Y:.,�:#` i �"'`s4 `y`si+d"t..�a:o .y 'if'h:s�v rE,.F .Rt ete„ r•Le'I�:J.�`.•' `.t-i*u+. .s. 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"r.... ;a6V.'Fi����t1�i'y#�e�"���":� " a:'•� +w,�a^ .,+,ta„�,`p"$�„ �i�w a; �,;,dA r`„,.`. ,rr '•}` �' -�s'�rc�" f .'p. t o tiatr� ,.$ „ f( ,c1;�':t"'':$a��°f 14 t. ;w j ,•(.pis: ,`1' :b' .,1 :.0 ��'.;'eliE+':.^.i+�, ?%f 4 Q:i .. s .E`it .Yra.,i:°. .i A f F4,ty „f'## .5'V i;<n;',a?h`.w.+x' '{.r '<t'" .si'twt 4 ."t*a•• S• M.r^'r! rt�}.tt.rn. .q ,y• ( .r ,{ �c d, i,i s '�.. of. x :.{' : �:��'.' .;.:t;'etV`'.'!H�,'�' ,r.,,.�'fr�G E4,. :" t � �',. �a� .`;,1:. •:'Xi::.:...'' ,..°"' i`!.. ,ty..'�f 'j5.., :T3w ,• ;?�' �" .:'#1f'r'v .6!` r"a.,�.vnA..,• .. Comments *#.1tt�k! 'veefVnw:�"SiW.��c�+tt�'etircN n�nft„m,.�. _. . . ........................................................... SEP. i8. 2003 4: 32PM EMERGENCY SERVICES NO 0366 P. ?If] ATTACHMENT A MATRIX FORM %-,— TECHNICAL SPECIFICATIONS for an integrated outbound emer enc telephone ringdown system RFP Responders, phase identify your compliance to each of these components Next Release Component Non'Compliant SYSTEM DESIGN Remarks 1. The system shell permit County pro-ldentified users to access the service;247465/366 by telephone,or by using a secure Internet- based Interface,in order to initiate outbound emergency telephone -ringdown calls. 2. The system shall use a secure,private network connected to the Internet via secure,various levels of autho&ed access. 3. The system will not require ownership or maintenance of any equipment by the user agency other than reliable Internet and telephone access. d. The€nternet-bssed Interface shall provide the capability and functionality to initiate events.initiate delivery of emergency telephone ringdown voice messages.check currant event status,review event- (elated reports,and create and maintain call lists. 5. The Internet-basad triterface shall provide the capability and functionality to use a GIS based map to select a calling area based on pre-planned boundaries,free form polygon boundaries,buffers,and m ortad boundaries such as an ALOHA lume_ 6. Each calling and messaging platform will be supported by a generator-backed un4nterruptib(a power source capable of supporting full operation In the absence of utility power. All associated data oommunlcations and networking components will be similarly supported. The server platforms will be fully redundant with fail-over design, The servers W11 be managed and monitored 24 hours per day, 7 days per week,365/366 days per year. The servers should be linked with outbound calling platforms using a nationwide frame relay network and ISDN back-up connect€vIt . DATABASE 7. The system will maintain a customer profile database including customer 10,customer contact numbers.PSAP telephone numbers, personal identification number for a voice message system,and call strategy(retry attempts,interval duration between retries,answering machine d+a€#ve tion. S. The system will use current date from the counties enhanced or E311 database Including the telephone number,service address,class of service,and designation of telephone number(listed,unlisted,non- published) 9. The system will,malntaln a preplan database including preplanned events that can be created and maintained by the user a eng that can be activated in the event of ari eme enc . 10. The system will maintain a user profile database containing information associated with agency-ldent€fled users and levels of security and capablllty for each user. SEF. 18. 2003 4: 32PM EMERGENCY SERVICES NO, 0366 P. 8/17 11. A call list database will be avdilabte to be rnaintiNd by tris user agency containing the telephone numbem,names and wes,to ccmrnuniCate inforrraatlon to tMtMM personneland other officials. !2 The system will maintain a street t18tW{)rk database Containing -11he street centerline fie that will be used to poslbon the records extretted from the telephone and address database. The street network database wilt be used as the base map to develop preplanned event boumdarles and for the ore8tion of nsmio event areas. 13. 'fhb database information vWl be goo-coded by the emergency telephone ringdown system provider and run agatnst s Gly database to ensure that there ere no errors. The resufting geo-coded telephone numbers will become the outbound calkn_q database. 14. The GtS data will generate a wrap that allows the�cctivating agency to draw a polygon around the emergency area to begin the rt own process. 15. Maintenance&error correction of the GIS oenterl ne data and the E911 telephone data will be the responsibiCrty©f the emergency telephone ringdown Mvider. OUTBOUND CALLING 16. The system wilt provide I;r outbound emergency telephone rIngdown messages based on identifying the telephone numbers In a specific area as determined by a look up to a gee-coded database. Location of events will be identified by a six digit latitude and longitude coordinate. 17. The systern will provide the ability to provide multi-language messaging during an emergency. SEP. 18. 2003 4:32PM EMERGENCY SERVICES N0. 0366 P. 9/17 18. The system will allow for several types of events Inciuding preplanned,address and buffer.intersection and buffer,user-dwIN11, chid selection,call list t J. The system will allow the user agency to Initiate an event over the Internet or by tetephone with assistance frons the system provider 24 hours per day7 days per week, 651356 ds s ILsrear. 20. The systern Will provide the user agency the ability to record a voice message of varyingten ih, 21. The systems provider Will require prosper password and verification to Wtiate an event. 22. The system Ml provide for monitoring of an on-going event's ress via Intemet Connections with a secure server. REPORTING 22. The system provider will crake available,visa Internet access,a summary and detail report within 15 minutes of an event's conclusion that outlines the rate of success for the rin own. 24. The system prov(der will provide a detailed report within 5 business days listing each telephone number adempted,whether the call was Completed,if a person or an answering machine picked up the phone,If the line was busy,number of retries,and if there was no answer,if so requested O-user agency, TECHNICAL SUPPORT 25. The system provider will provide assistance and technical support 24#sours er da .7 da S r week,385/ 6G days per yie4r, TRAINING H. The systems provider will provide kick-off meeting and trains the trainer session to user agency representatives during implementation phase and make available a training or test server for new-hires and refresher training for existing users. SEP, 10. 2003 4:33PM EMERGENCY SERVICES N4. 0366 P. 10/17 Signature of Understanding of Technical Specification The undersigned hereby certifies that they have read the technical specifications provided and 'N,—, attached their firm's actual specifications, for the requested Emergency Telephone Ringdown System, and fully understanding the obligations intended desires to submit for consideration this system proposal that conforms to said specifications. Company Name Address Authorized Signature City State Title Telephone � SEP, 1S, 2003 4. 338 EMERGENCY SERVICES NO. 0366 P, 11/17 ATTACHMENT A TECHNICAL SPECIFICATIONS for an integrated outbound emergency telephone gdown system RFP Responders, please identify you compliance to each of these system SYSTEM DESIGN 1. The system shall permit County pre-identified users to access the service 24x7x365/366 by telephone, or by using a secure Internet-based interface, in order to initiate outbound emergency telephone ringdown calls. 2. The system shall use a secure, private network connected to the Internet via secure, various levels of authorized access. 3. The system will not require ownership or maintenance of any equipment by the user agency other than reliable Internet and telephone access. 4, The Internet-based interface shall provide the capability and functionality to initiate events, initiate delivery of emergency telephone ringdown voice messages, check current event status, review event-related reports, and create and maintain call lists. 5. The Internet-based interface shall provide the capability and functionality to use a GIS based map to select a calling area based on pre-planned boundaries, free farm polygon boundaries, buffers, and imported boundaries such as an ALOHA plume. 6, Each calling and messaging platform will be supported by a generator-backed un- interruptible power source capable of supporting full operation in the absence of utility power. All associated data communications and networking components will be similarly supported, The server platforms will be fully redundant with fail-over design. The servers will be managed and monitored 24 hours per day, 7 days per week, 365/366 days per year. The servers should be linked with outbound calling platforms using a nationwide frame relay network and ISDN back-up connectivity. DATABASE 7, The system will maintain a customer profile database including customer ID, customer contact numbers, PSAP telephone numbers, personal identification number for a voice message system, and call strategy (retry attempts, interval duration between retries, answering machine delivery option). 8. The system will use current data from the counties enhanced or E911 database including the telephone number, service address, class of service, and designation of telephone number (listed, unlisted, non-published) SSP, 18, 2003 4: 33P i EMERGENCY SERVICES N0. 0366 P, 12/17 9. The system will maintain a preplan database inclining preplanned events that can be created and maintained by the user agency that can be activated in the event of an emergency. 10.The system will maintain a user profile database containing information associated with agency-identified users and levels of security and capability for each user. 11.A call list database will be available to be maintained by the user agency containing the telephone numbers, names and titles, to communicate information to emergency personnel and other officials. 12.The system will maintain a street network database containing the street centerline file that will be used to position the records extracted from the telephone and address database. The street network database will be used as the base map to develop preplanned event boundaries and for the creation of dynamic event areas. 13. The database information will be geo-coded by the emergency telephone ringdown system provider and run against a GIS database to ensure that there are no errors. The resulting geo-ceded telephone numbers will become the outbound calling database. 14.The GIS data will generate a map that allows the activating agency to draw a polygon around the emergency area to begin the ringdown process. 15. Maintenance & error correction of the GIS centerline data and the E911 telephone data will be the responsibility of the emergency telephone ringdown provider. OUTBOUND CALLING 16.The system will provide for outbound emergency telephone ringdown messages based on identifying the telephone numbers in a specific area as determined by a took up to a geo-coded database. Location of events will be identified by a six-digit latitude and longitude coordinate. 17. The system will provide the ability to provide multi-language messaging during an emergency. 18.The system wilt allow for several types of events including preplanned, address and buffer, intersection and buffer, user-drawn, grist selection, call list. 19.The system will allow the user agency to initiate an event over the Internet or by telephone with assistance from the system provider 24 hours per day, 7 days per week, 3651366 days per year. 20.The system will provide the user agency the ability to record a voice message of varying length. 21. The system provider will require proper password and verification to initiate an event. 22.The system will provide for monitoring of an on-going event's progress via Internet connections with a secure server. REPORTING 23. The system provider will make available, via Internet access, a summary and detail report within 15 minutes of an event's conclusion that outlines the rate of success for the ringdown. 24,The system provider will provide a detailed report within 5 business days listing each telephone number attempted, whether the call was completed, if a person or an answering machine picked up the phone, if the line was busy, number of retries, and if there was no answer, if so requested by user agency. TECHNICAL SUPPORT 25.The system provider will provide assistance and technical support 24 hours per day, 7 days per week, 3651366 days per year. TRAINING 6.The system provider will provide kick-off meeting and train the trainer session to user agency representatives during implementation phase and make available a training or test server for new-hires and refresher training for existing users. 27. A copy of the actual specifications showing how the proposed equipment compares with the technical specifications shall accompany all proposals. rr� � - ...,re . max..: rr.irttn!'atr�sE trnsrxnrn Ul'1 fx'1G.G Ct t�Jf7. SEP. 1$. 2003 4: 34PIM EMERGENCY SERVICES N0. 4366 P. 14/17 Signature of understanding of Technical Specification The undersigned hereby certifies that they have read the technical specifications provided and attached their firm's actual specifications, for the requested Emergency Telephone Ringdown System, and fully understanding the obligations intended desires to submit for consideration this system proposal that conforms to said specifications, Company Name Address Authorized Signature City State Title Telephone BEY. 18. 2003 4. 34PM EMERGENCY SERVICES - C, 0366 P, 15/17 COO Directions to Contra Costa County Office of the Sheriff 50 Glacier Drive, Martinez, CA 94553 (925)646-4461 1) From Walnut Creek, take 680 forth to the Highway 4 Richmond Vilest Exit. Immediately exit Highway 4 at the Pacheco Exit. Turn right at the stop light onto Pacheco Boulevard, and go under the highway. Tura right at the next stop light onto Muir road, Get into the far left- hand lane. Follow this road all the way up the bill to the third stop sign, which is Glacier Drive, Turn Left onto Glacier Drive.Turn into the first driveway on the right. This is the Office of the Sheriff, Emergency Services Division parking lot. 2) From Sacramento,take 680 South to the Highway 4 Richmond Vilest Exit. Immediately exit Highway 4 at the Pacheco Exit. Turn right at the stop light tanto Pacheco Boulevard, and go under the highway. Turn right at the next stop light onto Muir Road. Get into the far left- hand lane. Follow this road all the way up the hill to the third strap sign, which is Glacier Drive, Turn Left onto Glacier Drive. Turn into the first driveway on the right. This is the Office of the Sheriff, Emergency Services Division parking lot. 3) From Richmond, take Highway 4 East to the Morello Ave./Glacier Dr. Exit. At the stop light, turn right canto Morello Avenue and immediately get into the far left-hand lane. Turn left at the stop light onto Muir Road. Travel 3/4 mile on Muir Road until you get to the first stop sign. Turn right onto Glacier Drive. Turn Into the first driveway on the right. This is the Office of the Sheriff, Emergency Services Division parking lot. 4) from Pittsburg, take Highway 4 West Highway 4 to the Pacheco Exit. Turn right at the stop light onto Pacheco Boulevard, and go under the highway. Turn right at the next stop light onto Muir Road. Get into the far left-hand lane. Follow this road all the way up the hill to the third stop sign, which is Glacier Drive. Turn left onto Glacier Drive, Turn into the first driveway on the right. Please call the above number if you have any questions. Avg 50 Glacier Dr SEP, 18. 2003 4:35PM WERSENCY SERVICES NO. 0366 P, 16/11 Scenarios for Ringdown Vendor Demonstrations 1- 'On the Ply Incident;' -Interstate 680-Tanker Truck of Ammonia- TBM 572-RC 6 Truck is in a collision 2I10`h mile south of overpass at I-680 &Hwy 4.Tanker is breached and a cloud of ammonia develops within 5 minutes of the accident. HS plats cloud movement/info for ringdown vendor to notify residents to Shelter-in-place (SIP). Sun Valley Village Mobile Nome Park 125 Sahara Drive Pacheco,Ca. 94553 Locate the plume,identify the addresses and make calls to the public in English. "Thus is a test, this is only a test, of the Contra Costa County Community Warning System.Thank you." 2- pre Defined Grid Locate the Grid, identify the addresses and make calls to the public in English. "This is a test,this is only a test, of the Centra Costa.County Community Waming System.Thank you." 1 Square Block Pacheco,Ca. 94553 3- Multilingual Notification Change one to the two numbers provided to Irma at the Coroners Office (Number will be provided)then send the test message in English then Spanish. You can either use the consecutive option of the branching option. Demonstrate the methods you think would be the best for Contra Costa County bath in PROCESS FLOW and in TECHNOLOGY OPTIONS. Scenerios for Ringdown Vendor Demonstratioiis.doaage I of 1 09/17/03 SEP. 18. 2003 4:35PM EMERGENCY SERVICES N4. X366 P. 17/17 Telephone Ringdown Evaluation Criteria Scenerio Testing- April 28, 2003 A. Ease of use B. Remote Access Capability C. Non Map/Phone Call Initiate Capability Language Option- Identify which demonstrating A. 1)Press 1,Press 2=Branch B. 2}English...Spanish=Consecutive System Options-Identify which demonstrating and which reconunnending for County On-Site System - host for HW/SCJ' - No cost for use - $for updates Off-Site System - No HW cost - Per Cali S - $ for updates Mixed SEP, 14, 2003 11 :47AM EMERGENCY SERVICES NQ, 0374 P. 2 SEP. 19, 2003 1I :47AM EMERGENCY SERVICES N10, 0374 P. 3 ATTACHMENT A MATRIX FORM TECHNICAL SPECIFICATIONS for an integrated outbound emer enc tele #gone rift dwn s stem RFP Responders, please identify your compliance to each of these components Next Releasa Component Non born-PianIt SYSTEM DESIGN Remarks 1. The system shall permit County pre-identified users to access the service 2474651366 by telephone,or by using a secure Internet- based nternetbased Interface,in order to initiate outbound emergency telephone ri down calls. 2. The system shall use a secure,private network connected to the Internet via secure, various levels of authorized access. 3. The system will not require ownership or maintenance of any equipment by the user agency other than reliable Internet and #ei+a hone access. 4. The Internet-based interface shall provide the capability and functionality to initiate events,initiate delivery of emergency telephone ringdown voice messages,check current event status,review event- related reports,and create and maintain call Ilsts. 5. The Internet-based Interface shell provide the capability and func#lonall y to use a CIS based map to select a calling area rased on pre-planned boundaries,free form polygon boundaries,buffers,and 'imported boundaries such as an ALOHA plume. B. Each calling and messaging platform will be supported by a generator-backed un-int+arruptibie power source capable of supporting full operation in the absence of utility power. All associated data communlcadons and networking components will be similarly supported. The server platforms wilt be fully redundant with fatilaover design. The servers will be managed and monitored 24 hours per day, 7 days per week,3651366 days per year. The seavers should be Itnked with outbound calling platforms using a nationwide frame relay network and ISDN back-up connectix .DATABASE 7. The system Wil maintain a customer profile database including customer A customer contact numbers,PSAP telephone numbers, personal identification number for a voice message system,and call strategy(retry attempts,interval duration between retries,answering machine delle caPion. B. The system will use current data from the counties enhanced or E911 database including the telephone number,service address,class of service,and designation of telephone number(listed,unlisted,non- published) 1 The system will maintain a preplan database intluding preplanned events that tan be created and maintained by the user age that can be activated in the event of an ern enc 10. The system Will maintain a user profile database ormta€ping information associated with agency-identified users and Ievels of security and capability for each user. SEP: 19. 2043 11 :47AM EMERGENCY SERVICES NOA374 ~P 4� I A. A tali del datetrase WR be avallabie to be 7riintallned by the user agency corrtaintng the telephone numbers,names and ties,to communicste information to ameEgenCy personnel and other officials. 12. The system will maintain a street network database containing the street center€ins file that will be used to position the r600rds eAmded from the telephone and address database. The street network database wit€be used as the base map to develop preptanned event boundaries and for the creation ofdynamic event areas. 13. The database inftxmafirrn will be geo-coded by the emergency telephone ringdown system providor and run against a GiS database to ensure that there are no errors. The resulting geo-coded telephone numbers will become the outbound calling database. 7 The GIS data Will generate a trap that allows the activating agency to straw a polygon around the emergency area to begin the ringdown rooess. 15. Maintenance&ertor correttlon of the 619 cented€ne data and the 1:921 telephone data will be the responsibility of the emergency tele hone 6 dawn vldor. OUTBOUND CALLING 16. The system will provide for outbound emergency telephone ringdown messages based on identifying the telephone numbers in a specific area as determined by a look up to a goo-coded database. Location of events will be identified by a six-digit latitude and longitude owel,nate. 17. The systems will provide the ability to provide multi-language messaging during an emergency. SEP. 19. 2003 11 :48AM EMERGENCY SERVICES NO. 0374 R, 5 18. The system will allow for several types of ev$nts including preplanned,address and buffer,intersection and buffer.user-drawn, Cid selection,call list. 19. the system wilt alldlw the user agency to Initiate an event over the Internet or by telephone with assistance from the system provider 24 hours per IaX.7 days per week.3651316 days per ygar. 26. The system will provide the user agency the ability to record a voice messkqe of va in len th. 21. The system provider will require proper password and verification to initiate an event. 22. The system vAll provide for monitoring of an on-going event's rens via Internet connections with a secure server. REPORTING 23. The system provider will make available,via Internet access,a summary and detail report within 15 minutes of an event's conclusion that outlines the rats of success for the rin down. 24. The system provider will provide a detailed report within 5 business nays fisting each telephone number attempted,whether the call was completed,if a person or an answering machine picked up the phone.if the line was busy,number of rattles,and if there was no answer,if so requested by user a en . TECHNICAL. SUPPORT 25. FR system provider will provide assistance and technical support 24 hours per day,7 days per week 366/366 days,per ear. TRAINING 2& The system provider will provide kick-oft meeting and train the trainer session to user agency representatives during Implementation I phase and make available a training or test server for now-hires and refresher traintn for e)dstinq users. SEP. 119, 2003 11 :480 EMERGENCY SERVICES N4. 0374 P. b Signature of Understanding of Technical Specification The undersigned hereby certifies that they have read the technical specifications provided and \,-,/attached their firm's actual specifications, for the requested Emergency Telephone ringdown System, and fully understanding the obligations intended desires to submit for consideration this system proposal that conforms to said specifications. Company blame Address Authorized Signature City State Title Telephone SEP. 119. 2003 11 .48AM EMERGENCY SERVICES N0. 0374 P. 7 ATTACHMENT A TECHNICAL SPECIFICATIONS for an integrated outbound emergency telephone ringdown system RFP Responders, please identify you compliance to each of these system SYSTEM DESIGN 1. The system shall permit County pre-identified users to access the service 24x7x365/366 by telephone, or by using a secure Internet-based interface, in order to initiate outbound emergency telephone ringdown calls. 2. The system shall use a secure, private network connected to the Internet via secure, various levels of authorized access. 3. The system will not require ownership or maintenance of any equipment by the user agency other than reliable Internet and telephone access, 4. The Internet-based interface shall provide the capability and functionality to initiate events, initiate delivery of emergency telephone ringdown voice messages, check current event status, review event-related reports, and create and maintain call lists. 5. The Internet based interface shall provide the capability and functionality to use a GIS based map to select a calling area based on pre-planned boundaries, freeform polygon boundaries, buffers, and imported boundaries such as an ALOHA plume. 6. Each calling and messaging platform will be supported by a generator-backed un- interruptible power source capable of supporting full operation in the absence of utility power. All associated data communications and networking components will be similarly supported, The server platforms will be fully redundant with fail-over design. The servers will be managed and monitored 24 hours per day, 7 days per week, 365/366 days per year, The servers should be linked with outbound calling platforms using a nationwide frame relay network and ISBN back-up connectivity. DATABASE 7. The system will maintain a customer profile database including customer IIS, customer contact numbers, PSAP telephone numbers, personal identification number for a voice message system, and call strategy (retry attempts, interval duration between retries, answering machine delivery option). 8. The system will use current data from the counties enhanced or E911 database including the telephone number, service address, class of service, and designation of telephone number (listed, unlisted, non-published) SEP. 12. 200'3 11 ;48AM EMERGENCY SERVICES NC. 0374 P. 8 0. The system will maintain a preplan database including preplanned events that can be created and maintained by the user agency that can be activated in the event of an emergency. 10. The system will maintain a user profile database containing information associated with agency-identified users and levels of security and capability for each user. 11. A call list database will be available to be maintained by the user agency containing the telephone numbers, names and titles, to communicate information to emergency personnel and other officials. 12. The system will maintain a street network database containing the street centerline file that will be used to position the records extracted from the telephone and address database. The street network database will be used as the base map to develop preplanned event boundaries and for the creation of dynamic event areas. 13. The database information will be geo-coded by the emergency telephone ringdown system provider and run against a GIS database to ensure that there are no errors. The resulting geo-coded telephone numbers ,will become the outbound calling database. 14. The Gly data will generate: a map that allows the activating agency to draw a polygon around the emergency area to begin the ringdown process. 15. Maintenance & error correction of the GIS centerline data and the E911 telephone data will be the responsibility of the emergency telephone ringdown provider. OUTBOUND CALLING 16.The system will provide for outbound emergency telephone ringdown messages based on identifying the telephone numbers in a specific area as determined by a look up to a geo-coded database. Location of events will be identified by a six-digit latitude and longitude coordinate. 17.The system will provide the ability to provide,multi-language messaging during an emergency. SEP. 19. 2003 11 :49AN EMERGENCY SERVICES NO. 0374 P� 9 18. The system will allow for several types of events including preplanned, address and buffer, intersection and buffer, user-drawn, grid selection, call list. 19.The system will allow the user agency to initiate an event over the Internet or by telephone with assistance from the system provider 24 hours per day, 7 days per week, 365/366 days per year. 20.The system will provide the user agency the ability to record a voice message of varying length. 21.The system provider will require proper password and verification to initiate an event. 22.The system will provide for monitoring of an on-going event's progress via Internet connections with a secure server. REPORTING 23.The system provider will make available, via Internet access, a summary and detail report within 15 minutes of an event's conclusion that outlines the rate of success for the ringdown. 24. The system provider will provide a detailed report within 5 business days listing each telephone number attempted, whether the call was completed, if a person or an answering machine picked up the phone, if the line was busy, number of retries, and if . there was no answer, if so requested by user agency. TECHNICAL SUPPORT 25.The system provider will provide assistance and technical support 24 hours per day, 7 days per week, 365/3661 days per year. TRAINING 26,The system provider will provide kick-off meeting and train the trainer session to user agency representatives during implementation phase and make available a training or test server for new-hires and refresher training for existing users, 27.A copy of the actual specifications showing how the proposed equipment compares with the technical specifications shall accompany all proposals. SEP. 19. 2003 11 :49AM EMERGENCY SEMCES N0. 0,74 P, 10 Signature of Understanding of Technical Specification The undersigned hereby certifies that they have read the technical specifications provided and attached their firm's actual specifications, for the requested Emergency Telephone Ringdown System, and fully understanding the obligations intended desires to submit for consideration this system proposal that conforms to said specifications. Company Name Address Authorized Signature City State Title Telephone SEP. 19, 2003 11 ;49AM EMERGENCY SERVICES NO, 0374 f' •� . eft {' .tl.. `t` ,• C Directions to Contra Costa County office of the Sheriff 50 Glacier Drive, Martinez, CA 94553 (s2.3)646-4451 1) From Walnut Creek, take 680 North to the Highway 4 Richmond West Exit. Immediately exit Highway 4 at the Pacheco Exit. Turn right at the stop tight onto Pacheco Boulevard, and go under the highway, Turn right at the next stop light onto Muir Road. Get into the far lefty- hand lane. Follow this road all the way up the hill to the third stop sign, which is Glacier Drive. Turn Left onto Glacier Drive. Turn into the first driveway on the right. This is the office of the sheriff, Emergency Services Division parking lot. 2} From Sacramento, take 6803 South to the Highway 4 Richmond West Exit. Immediately exit Highway 4 at the Pacheco Exit, Turn right at the stop light onto Pacheco Boulevard, and go under the highway. Turn right at the next step light onto Muir Road. Get into the far left- hand lane. Follow this road all the way up the hill to the third stop sign, which is Glacier Drive, Turn Leff onto Glacier Drive, Turn into the first driveway on the right. This is the Office of the Sheriff, Emergency Services Division parking lot. 3) From Richmond, take Highway 4 East to the Morello Ave./Glacier Dr. Exalt. At the stop light, turn right onto Morello Avenue and immediately get -� into the far left-hand lane. Turn left at the step light onto Muir goad. Travel 3/4 mile on Muir Road until you get to the first stop sign. Turn right onto Glacier Drive. Turn Into the first driveway on the right, This is the Office of the Sheriff, Emergency Services Division parking lot. 4) From Pittsburg, tape Highway 4 West Highway 4 to the Pacheco Exit, Turn right at the stop light onto Pacheco Boulevard, and go under the highway. Turn right at the next stop light onto Muir Road. Get into the far left-hand lane. Fallow this road all the way up the hili to the third stop sign, which is Glacier drive. Turn Left onto Glacier Drive. Turn into the first driveway on the right. Please call the above number if you have any questions. �re>�>ronta AVM 50 Glaci= Dr G�CtFR t7� 3 SEP. 19. 2403 11 50A EMERGENCY SERVICES NO. 0374 P, 12 SEP, 19. 2003 11 :50AM EMERGENCY SERVICES N0, 0374 P. 13 Scenarios for Ringdown Vender Demonstrations 1- "On the fly Incident'- Interstate 680-Tanker Truck of Ammonia- TBM 572-B,C 6 Truck is in a collision 2/10`h utile south of overpass at I-680 &Hwy 4. Tanker is breached and a cloud of ammonia develops within 5 minutes of the accident. HS plots cloud movement/info for ringdown vendor to notify residents to Shelter-in-place (SII'). Sun Valley Village Mobile Horne bark. 125 Sahara Drive Pacheco, Ca. 94553 Locate the plume, identify the addresses and make calls to the public in English. "This is a test, this is only a test, of the Contra Costa County Community'Warning System. Thank you." 2- Pre Defined Grid Locate the Grid, identify the addresses aid make calls to the public in English. "This is a test, this is only a test, of the Contra.Costa County Community`turning System. Thank you." 1 Square Block Pacheco, Ca. 94553 3- Multilingual Notification Change one to the two numbers provided to Trina at the Coroners Circe(Number will be provided)then send the test message in English then Spanish. You can either use the consecutive option of the branching option. Demonstrate the methods you think would be the best for Contra Costa.County both in PROCESS FLOW and in TECHNOLOGY OPTIONS. Scenerios for Ringdown Vendor T'omonst adons.doeftge 1 of 1 49/17/03 SEP. 192003 11 :50AM EMERGENCY SERVICES NO. 0374 t'. 14 SEF. 19. 20I1, 11 .50RM EMERGENCY SERVICES Q0374 F, 15 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF -EMERGENCY SERVICES DIVISION commuNiTY WARNING- SYSTEM- TELEPHONE RINGDOWN SYSTEM VENDOR RFP SHORTLISTING EVALUTION Friday, March 21, 2003 9:OOAM + EVALUATORS -PLEASE SIGN IN • TAKE ONE COPY OF EACH RFI RESPONSE DOCUMENT TAKE ONE COPY OF THE EVALUATION SHEET FOR EACH R.FI TITLE THE EVALUATION SHEET AND PUT IT WITH THE RFI THAT MATCHES • RE,VIEW EACH REI FOR THE HIGHLIGHTED REQUIRED ELEMENTS IN ATTACHMENT B, A MISSING ELEMENT IS -2 (TRIS SCORE WILL COUNT FOR. COMPLETENESS, MORE THAN ONE MISSING ELEMENT WILL DISQUALIFY" THE VENDOR.) REVIEW EACH RFI FOR THE EVALUATION CRITERIA IN THE ;FIRST SECTION" OF THE EVALUATION SHEET • SELECT UP TO FIVE VENDORS FOR FURTHER CONSIDERATION (THIS NUMBER.IS SUBJECT TO EVALUATORS .AGREEMENT) • PLACE YOUR.EVALUATION SHEETS TOGET:HER.AND GIVE TO THE PROJECT MANAGER. OR. COORDINATOR • IF YOU NEED MORE TIME TO COMPLETE THE EVALUATION, PLEASE KEEP ALL YOUR M'ATERL41S TOGETHER, FAX THE EVALUATION SHEETS WITH YOUR SHORT LIST SELECTION BY 5,00 pm Friday to (925) 64+6-1120. THANK YOU FOR. SUPPORTING THIS RFI/RFP PROCESS SEP, 19. 2043 1 ? :50AU1 EMERGENCY SERVICES N0, x374 P, 16 CONTRA COSTA. COUNTY OFFICE OF THE SBERIFF --EMERGENCY SERVICES DIVISION COM31UNITY WARNING SYSTEM-- TELEPHONE RINGDOWN SYSTEM VENDOR.RFP EVALUTION Friday, April 11, 2003 8:30AM • EVALUATORS — PLEASE SIGN IN • TAKE ONE COPY OF RFP VENDOR.LETTER o TARE ONE COPY OF APPENDIX A . TAKE ONE COPY OF TECFMCAL SPECIFICATION MATRIX • TAKE ONE COPY OF THE VENDOR.EVALUATION SHEET TAME 5 COPIES OF THE SUPPLEMENTAL EVALUATION * E VAL`CTATE EACH VENDOR.FOR TIE REQUIRED ELEMENTS IN THE RFP VENDOR LEITER(1-5) • REVIEW EACH RFP FOR THE TECHNICAL CRITERIA INT L.� APPENDIX A/ MATRIX AFTER COMPLETING THE VEADOR.EVALUATIONS • SELECT THREE VENDORS AND RATE THEM (1-3) WITH (1) BERG 19T CHOICE * PLACE YOUR.EVALUATION SHEETS TOGETHER AND GIVE TO THE PROJECT MANAGER.OR. COORDINATOR • IF YOU NEED MORE TIME TO COMPLETE THE EVALEAJ , PLEASE DEEP ALL YOUR.MATERIALS TOGETHER, FAX THE EVALUATION SHEETS WITH YOUR VENDOR SELECTION BY 12:00 NOON MONDAY APRIL 14, 2003 to (925) 646-1120. TELANK YOU FOR SUPPORTING TfHS RFI./RFP PROCESS SEP, 19. 2003 11 : 51AM EMERGENCY SERVICES NO. 0374 P. 17 Telephone Ringdown Evaluation Criteria Scenerio'Testng-April 28,2003 A. Ease of use B. Remote Access Capability C. Non Map/Phone Call Initiate Capability Language Option-Identify which demonstrating A- 1}Dress 1,Press 2=Branch B. 2}English...Spanish=Consecutive System Options-Identify which demonstrating and which recommending for County On-Site System - Cost for HW/SW - No cast for use - $ for updates Off-Site System - No HW cost - Per Call S $ for updates Mixed F. 19, 1003 111 Am Edi UENCY StOMS _ NO, 01314 sit y ME Al fl o e v r+va av wwfm a+n+eut.'va .ya. L - '•G R .S' 2 6 f a r ps �t( ;��,yy'.a.�,ry� Ys is 't uR $4 t-..Yt tl7 t•.L't N.OD iQ�D i8 h.!'� u SEF. 19, 2003 EMERGENCY SERVICES N0. 0374 F. 19 ssP-:SEP, '4. 2001MI1, :52A LJBLIrENERGENCV SERVICES$„66sx Y0i92s 64r, :NO. 0374 P. CITY of DUBLIN +`l 100 Chic Plats, bub#1n, California 94588 " TI Websltt. htt0:1/V~,c1.dubl1n,ca.us September 15,2003 Flizab eth F.Klu to Community W aming System Manager Contra Costa County Wice ofthe Sheriff Emergency Services Division 50 Glacier Drive Martinez,CA 94553 Tear Ms. Klute, I am writing in response to your inquiry regardiug the City of Dublin°s experience with Dialogic Communications Corporation(DCQ automatod notification software and our ability to utilize 911 telephone data from SBC:. The City purchased the Con.inunicator and GeoNotify from DCC in March 2001. Currently the system is pfimarily used for crime alerts to our businesses and neigbborhood watch groups, The system leas also been used an two prcviovs occasions for fnissiixg children notifications. Our expe6ence with dxe system has bm positive. The system has functioned as expectedand the support provided by the company has been good. 71he GeoNotify system ielies on the City's GIS data and telephone records provided by SBC, The City bas contracted with.SBC to provide montbly phone numbcr updates for tt e City of Dublin, The City r=civcA, fh.e data.on CD,wbich Is there sent to ICC to be geocoded to the map.The data provided by SBC;includes both,published and unpublished phone numbers. We have not had any issues either receiving the datz from SBC or utilizing tete gcocoded data provided by ACC. Please feel free to contact inc if you have any further questions, Sincerely, &,on Behrmann Administrative A=13st Area Coda(526) • Caty Manager 933-5sso • city Counell 032.6650 • Personnel 9339605 ]economic Davotopment 8$3-eeSo Rftrlco 633-6640 - Putallo WbrIm/Engfnenring 833-6530 . Parka&Community Servl=$23-8845 . Polir a 639.8870 Planning/Coda Enforcement 933-6610 . SuildIng lnapecuan 033-Mo - Fire Pravantlon 61tr4azu 833.6608 Printed on Recycled Paper SEP. 19, 2003 11 :52AIM, EMERGENCY SERVICES NO- 0374 R, 21 OFFICE 4F TATE SHERIFF warren E Rupt Contra Costa County f« .' SHERIFF CottQN'EIt Emergency Services Division A., Ronald Farrel 50 Gluier Drive � r, t NDEF.SHERIFF srAmr,ez,Uif=iat 94353 r+vo: (925),646-4461 Date: 04 March,2003 To: Julie Enea, Senior Deputy County Administration From. Scott Parsons, Captain,Emergency Services Division By: Elizabeth Mute,Manager,Community Warning System Subject: Ring-Down System RFI/RFP Status Report The Community Alert Network service contract expires Dec.31,2003. At the Beard of Supervisors request, a recommendation for the County Telephone Ring-down System is being developed by Office of the Sheriff,Emergency Services Division.A Request for Information (RFI)and Request for proposal(RFP) are being conducted in anticipation of the deadline for expiration of service. The follow is a status of this project: > RFI vendors were chosen for this specialized field on their experience,ability to meet standards, competitive comparisons and industry performance.A copy of the Professional/Personal Services Outreach Program is provided to the vendors as Appendix.E. > A draft RFI has been sent to CCC General Services,Purchasing Dept. (GSD) for approval and is anticipated to be approved Monday,March 03,2003. —Complete D RFI being sent out by GSD Thursday March 6, 2003 > Response to this RFI due by 5,00pm Thursday March 20, 2003, D Short-listing notification will go out Friday March 21,2003. > RFP being seat out by GSD Tuesday March 25, 2003 ➢ Presentation will be scheduled the week of April 7, 2003. SEP. 19. 2003 11 :52AM EMERGENCY SERVICES NO. 0374 P. 22 > Vendor selection anticipated for April 9, 2003 ➢ Internal Operations (14) Committee presentation on recommendations May 5, 2003 ➢ Board of Supervisors presentation on recommendations May 13,2003 Following the selection process a recommendation will be made to the 10 Committee and the Board of SupeMsors to enter into a contractual relationship with the chosen vendor. This contract will include performance level incentives and penalties. SEP. 19. 2003. 11 :534 -EEROENCY SERVICES. h0. 0374.-,P. 23 Eltt�s nau�c-ry ruirvw-�t � �1 From: "HICKERSON,CAROL A(PS)"<ch9453@sbe.com> To: "Elizabeth Klute (eklut@a so.co.contra-costa.ca.us)"<eklutcso.co.contra-costa.ca.us> [late,. 9/16/2003 5:34 PM Subject., FW: Follow-up >Good Afternoon Liz, > I understand that my manager, Kelly decker was present at a meeting >between your organization and representatives from Intrado earlier today. > I want to assure you that SEC is prepared to support Centra Costa County >with whatever Emergency Notification solution Is chosen. We look forward >to working with you and will continue to support your organization as >needed. >Please do not hesitate to contact me if my team or I can be of assistance. >Regards. > >Carel Hickerson >Senior Account Manager >SEC-Public Sector >510-238-55961