HomeMy WebLinkAbout- - Participation in AlertOC - 6/19/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 19, 2012 ITEM NUMBER: CC -12
SUBJECT: PARTICIPATION IN THE COUNTY OF ORANGE, COUNTYWIDE PUBLIC MASS
NOTIFICATION SYSTEM - ALERTOC
DATE: JUNE 4, 2012
FROM: POLICE DEPARTMENT - SUPPORT SERVICES TELECOMMUNICATIONS BUREAU
PRESENTATION BY: BRYAN GLASS, LIEUTENANT
FOR FURTHER INFORMATION CONTACT: BRYAN GLASS, LIEUTENANT - 714.754.5603
RECOMMENDATION:
1. Approve the City's continued participation in the County of Orange, Countywide Public
Mass Notification System - AlertOC.
2. Authorize the Chief Executive Officer (CEO) or his designee to sign the annual
Memorandum of Understanding (MOU) between the County and City for participation
in AlertOC.
BACKGROUND:
On January 18, 2011, the Costa Mesa City Council approved the City's participation in
the County of Orange, Countywide Public Mass Notification System - AlertOC. The
system was developed to coordinate regional dissemination of early warning and time
sensitive information notifications to the public, businesses, and residents of Orange
County during the time of an emergency event. It is designed as a countywide asset
and is available to all agencies having a dedicated public safety answering point
(PSAP). AlertOC can be launched by either the County or City. The current
Memorandum of Understanding expires in June 2012.
ANALYSIS:
The use of AlertOC is designed to keep those who live and/or work in Orange County
informed of important information during emergency events. The system is sponsored
and led by the County of Orange, in partnership with 33 Orange County cities. Public
mass notification systems have become a critical component of emergency preparation
and response. Residents prepare to be notified of emergencies by registering and
providing their landline phones, cell phones, and/or e-mail addresses. Public safety
officials respond by using the system to rapidly send out messages when there is a
perceived, upcoming, or imminent situation requiring notification to their community.
Based on the severity of the event, AlertOC may be used to contact residents by one or
all of the following methods: home phone, work phone, cell phone, e-mail, and/or text
message. Public mass notification systems have been attributed with saving lives by
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quickly notifying residents of evacuation instructions at all hours. Over the last year, the
City of Costa Mesa has used AlertOC on several occasions to notify the community of
critical information.
The legal authority (County or City) responsible for announcing emergency notifications
depends on the nature and scale of the incident. With the AlertOC partnership between
the County and Cities, residents and businesses only need to provide their contact
information once to receive emergency messages from either the County or City in
which they live or work.
The County has agreed to continue providing the funding for AlertOC. The County has
purchased "Unlimited Emergency & Inter -Department Message Usage" for all
participants. Any non -emergency or non inter -department messaging is not covered
under this agreement, but can be purchased as an optional cost, separately between
the City and contractor.
ALTERNATIVES CONSIDERED:
Not to participate in the countywide mass notification system - AlertOC.
FISCAL REVIEW:
There is no direct fiscal impact to the City for its participation in AlertOC as outlined in the
MOU. If the City chooses to utilize AlertOC for "non -emergency" mass notifications to the
public there would be a cost depending on the frequency of the notifications and the
target population.
LEGAL REVIEW:
Legal has reviewed the documents and approved them as to form.
CONCLUSION:
Approve the City's continued participation in the County's Mass Notification System —
AlertOC and authorize the Chief Executive Officer or his designee to sign the AlertOC
Memor dum of Understanding.
THOMAS'ATCH TOM GAZSI
Chief ets� tive i er Chief of Police
A—
_?&MbUM,W BOBBY N
City Attorney Director o Hance & IT
BRYG SS
Lieut= nt
04
ATTACHMENTS: 1.
Memorandum of Understanding between the County of Orange and
Participants for Use of the Countywide Public Mass Notification System
2.
Nondisclosure Agreement between Pacific Bell Telephone Company
dba SBC California, and the County of Orange, California
3.
Orange County Price Agreement — No. N1000009880 — Contract for
Public Mass Notification System with the NTI Group, Inc.
4.
Orange County Price Agreement — No. N1000009880 — Contract for
Public Mass Notification System with the NTI Group, Inc. (Amendment
#1)
5.
County of Orange, County Executive Office, Countywide Public Mass
Notification System Policy and Guideline
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF ORANGE
AND
PARTICIPANTS
FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM
This Memorandum of Understanding, hereinafter referred to as "MOU,"
dated , which date is stated for purposes of reference only, is entered into by and
between the County of Orange, a political subdivision of the State of California, hereinafter
referred to as "COUNTY," and the undersigned municipalities, public universities and water
agencies responsible for protecting a resident population and maintaining a dedicated public safety
answering point (PSAP) within the County of Orange, hereinafter referred to individually as
"PARTICIPANT" or collectively as "PARTICIPANTS."
This MOU is intended to establish governance and terms of use for a Countywide Public
Mass Notification System,
RECITALS
WHEREAS, COUNTY is sponsoring a Countywide Public Mass Notification System
("System") for the primary intent of providing timely communication to the public during times
of emergency; and
WHEREAS, the County is making use of the System available to all cities and agencies
within the County of Orange who have the responsibility for protecting a resident population and
maintaining a dedicated public safety answering point (PSAP); and
WHEREAS, COUNTY entered into Orange County Agreement No. N1000009880
("Agreement") with NTI Group, Inc. (now Blackboard Connect, Inc.), for the provision of Public
Mass Notification System Services, on or about May 6, 2008 and subsequently amended,
attached hereto as Exhibit A, to disseminate critical, time -sensitive emergency information to
COUNTY's citizens and businesses through phone and e-mail devices for emergency
notification purposes; and
WHEREAS, Blackboard Connect, Inc. agrees to provide to PARTICIPANTS the
services agreed to by Blackboard Connect, Inc. and COUNTY as contained under the Agreement
in exchange for abiding by the terms set forth in this MOU; and
WHEREAS, PARTICIPANTS agree to uphold the same terms and conditions of the
Agreement, to use the System in compliance with all usage agreements identified and
incorporated herein as Exhibit A (Orange County Agreement No. N1000009880), Exhibit B
(Countywide Public Mass Notification System Policy and Guideline) and Exhibit C
(Nondisclosure Document), and the terms of this MOU to receive the benefits under the
Agreement.
Page I of 5
NOW, THEREFORE, the parties agree as follows:
I. Definitions:
"Agreement" shall refer to Orange County Agreement No. N1000009880 between
COUNTY and Blackboard Connect, Inc. The Agreement is attached to this MOU as
Exhibit A.
"Countywide" shall mean all geographic locations in Orange County, California.
"Contact information" shall mean PARTICIPANT and public contact data stored in the
System for the purpose of disseminating communication in accordance with this MOU
and its Exhibits.
"Emergency" shall include, but not be limited to, instances of fire, flood, storm,
epidemic, riots, or disease that threaten the safety and welfare of the citizens and property
located within the botmdaries of the COUNTY and PARTICIPANTS' respective
jurisdictions.
"Emergency information" shall mean information relevant to the safety and welfare of
recipients in the event of an Emergency. Such information shall include but not be
limited to instructions and directions to alleviate or avoid the impact of an emergency.
"Emergency notification situation" shall mean instances when emergency information is
to be distributed through the System.
"Non -emergency information" shall refer to information that is not relevant to the safety
and welfare of recipients, but has been deemed to be of significant importance to a
PARTICIPANT's jurisdiction to justify the use of the System to distribute such
information.
"Non -emergency notification situation" shall mean instances when a PARTICIPANT
deems non -emergency information to be of significance to a PARTICIPANT'S
jurisdiction and the PARTICIPANT uses the System to distribute such information.
"System" shall mean the Public Mass Notification System as provided by Blackboard
Connect, Inc. to COUNTY under the Agreement. The System is designed to disseminate
information by utilizing common communications, i.e. telephone and e-mail
communications to citizens and businesses as permitted under the Agreement.
II. Hold Harmless: PARTICIPANT will defend, indemnify and save harmless COUNTY,
its elected officials, officers, agents, employees, volunteers and those special districts and
agencies which COUNTY's Board of Supervisors acts as the governing Board
("COUNTY INDEMNITIES") from and against any and all claims, demands, losses,
damages, expenses or liabilities of any kind or nature which COUNTY, its officers,
Page 2 of 5
agents, employees or volunteers may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damages to property as a result of, or arising out
of the acts, errors or omissions of PARTICIPANT, its officers, agents, employees,
subtenants, invitees, or licensees. COUNTY will defend, indemnify and save harmless
PARTICIPANT, its officers, agents, employees and volunteers from and against any and
all claims, demands, losses, damages, expenses or liabilities of any kind or nature which
PARTICIPANT, its officers, agents, employees or volunteers may sustain or incur or
which may be imposed upon them for injury to or death of persons, or damages to
property as a result of, or arising out of the acts, errors or omissions of COUNTY, its
officers, agents, employees, subtenants, invitees, or licensees.
III. Term: This MOU shall be in effect from July 1, 2012 and shall expire on June 30, 2013,
unless COUNTY funding of the System becomes unavailable at which time
PARTICIPANTS will be given six-month advance notice per the termination terms found
in Paragraph IX. Termination, below.
IV. Scope of Services: PARTICIPANTS shall receive from Blackboard Connect, Inc. the
same services provided by Blackboard Connect, Inc. to the COUNTY under the
Agreement. COUNTY's involvement in this MOU is limited only to extending the
availability of the terms and conditions of the Agreement to the PARTICIPANTS.
PARTICIPANTS and Blackboard Connect, Inc. acknowledge and agree that any actions
taken by Blackboard Connect, Inc. or any PARTICIPANT under the scope of the
Agreement and this MOU are the responsibility of Blackboard Connect, Inc. and the
respective PARTICIPANT.
V. Use: Use of the System and its data, including but not limited to contact information, is
governed by the terms, conditions and restrictions set forth in the terms provided in
Exhibit A, B and C. All PARTICIPANTS agree to the terms and conditions contained in
Exhibits A, B, and C. COUNTY retains the right to update Exhibits A, B, and C as
needed, in whole or in part, during the life of this MOU. Any and all revised Exhibits
will be distributed to PARTICIPANTS within five business days of the revision date and
shall be incorporated into this MOU. Such modifications to the Exhibits shall not be
deemed an amendment for the purposes of Paragraph X. Amendments, below.
PARTICIPANT, including each of its agents, officers, employees, and representatives
who are given access to the System, agrees to abide by the individual terms of each
agreement and the additional conditions incorporated herein. Breach of use may result in
individual user or PARTICIPANT access account termination.
The scope of services under the Agreement is limited to using the System to distribute
business communication to PARTICIPANT inter -departmental resources and/or
emergency information to the public in emergency notification situations.
PARTICIPANTS may arrange for the use of the System with Blackboard Connect, Inc.
to distribute non -emergency information. However, any agreement reached between
Blackboard Connect, Inc. and any PARTICIPANT for the use of the System for non -
Page 3 of 5
emergency notification situations shall exist only between Blackboard Connect, Inc. and
the PARTICIPANT. In accordance with Paragraph II. Hold Harmless, above, COUNTY
shall be held harmless and indemnified by the PARTICIPANTS and Blackboard
Connect, Inc. from any actions whatsoever arising from any PARTICIPANT's use of the
System for non -emergency services.
All PARTICIPANTS have read and accept the terms and conditions found in COUNTY's
"Countywide Public Mass Notification System Policy and Guideline (June 30, 2008)",
attached hereto as Exhibit B.
VI. Compensation: All compensation owed by PARTICIPANTS to Blackboard Connect,
Inc. shall be made between PARTICIPANTS and Blackboard Connect, Inc.
VII. Notice: Any notice or notices required or permitted to be given pursuant to this MOU
shall be submitted in writing and delivered in person, via electronic mail or via United
States mail as follows:
COUNTY:
County of Orange — Sheriff -Coroner Department
Emergency Management Bureau
Attn: Donna Boston / Emergency Management
2644 Santiago Canyon Road
Silverado, CA 92676
PARTICIPANTS: Each PARTICIPANT shall provide to COUNTY a contact person
and notice information upon entering into this MOU.
Notice shall be considered tendered at the time it is received by the intended
recipient.
VIII. Confidentiality: Each party agrees to maintain the confidentiality of all related records
and information of the other party pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this MOU. All
information and use of the System shall be in compliance with California Public Utilities
Code section 2872.
IX. Termination: The COUNTY or any PARTICIPANT may terminate its participation in
this MOU at any time for any reason whatsoever. If any PARTICIPANT chooses to
terminate its participation in this MOU, the terminating PARTICIPANT shall provide
written notification in accordance with Paragraph VII. Notice, above. Such notice shall
be delivered to the COUNTY 30 days prior to the determined termination date. A
terminating PARTICIPANT shall uphold the obligations contained in Paragraph II. Hold
Harmless in its entirety and Paragraph VIII. Confidentiality, above. Upon termination,
PARTICIPANT agrees to inform each PARTICIPANT user to stop using the System and
to relinquish all System access, user accounts, passwords and non -PARTICIPANT data
to COUNTY immediately. PARTICIPANT may choose to delete and/or export non-
public PARTICIPANT (aka inter -departmental) owned contact information, as well as,
Page 4 oP5
export resident provided contact information prior to termination. Resident provided
contact information acquired through PARTICIPANT sources shall remain in the System
and available to the County for regional or multi -jurisdictional notification use as needed.
Should COUNTY discontinue its funding for the System, which shall be grounds for
COUNTY's termination of its participation, COUNTY shall give PARTICIPANTS six-
month advance courtesy notice prior to terminating the Agreement. All other reasons for
terminating by COUNTY shall be valid upon providing notice to the PARTICIPANTS.
Upon termination by COUNTY, this MOU shall no longer be in effect.
Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as
defined in Paragraph X. Amendments, below.
X. Amendments: This MOU may be amended only by mutual written consent of the parties
involved unless otherwise provided for in this MOU. The modifications shall have no
force and effect unless such modifications are in writing and signed by an authorized
representative of each party. Termination by a PARTICIPANT or adding a new
PARTICIPANT to this MOU shall not be deemed an amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their duly authorized representatives as of the dates opposite the signatures.
COUNTY OF ORANGE
IC
Sandra Hutchens, Sheriff -Coroner
County of Orange
PARTICIPANT:
Authorized Signature
Print Name and Title
Page 5 of 5
Date:
Date:
NONDISCLOSURE AGREEMENT
NONDISCLOSURE AGREEMENT BETWEEN
PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA,
AND
THE COUNTY OF ORANGE CALIFORNIA
THIS AGREEMENT, effective this 26th day of June , 2008, ("Effective Date") is between PACIFIC BELL
TELEPHONE COMPANY dba SBC CALIFORNIA, a California corporation (hereinafter "SBC California"), County of
Orange (hereinafter "Customer") and NTI Group, Inc, (hereinafter "Subcontractor").
1. Customer has requested Neighborhood Call service from SBC California under SBC California's Tariff, CAL.P.U.C.
NO. A9.2.6 and agrees to comply with all provisions of SBC California's Tariff, CAL.P.U.C. NO. A9.2.6.
2. Customer has identified Subcontractor as its agent for obtaining Neighborhood Call subscriber information from
SBC Califomia for provision of community alerts and notifications to citizens as defined in California Public Utilities
Commission Code Sections 2872 and 2891.1 and as allowed in SBC California's Tariff, CAL.P:U.C, NO. A9.2.6. In
the event Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information,
Customer shall provide SBC California written notice of such change 30 days in advance of Subcontractor's agency
status being terminated by Customer.
3. Subcontractor certifies that it has reviewed the terms and conditions of the SBC California Tariff, CAL. P.U.C. N0.
A9.2.6 for Neighborhood Call and specifically A9.2.613.2.b which stipulates in part: "The Neighborhood Call
database information provided to Customer pursuant to this tariff Is confidential and proprietary and such
information will be held in confidence and only used and disclosed to Customer's employees or its subcontractors
and agents with a need to know for purposes of providing a community alert and notifications to citizens as defined
in California Public Utilities Code Sections 2872 and 2891.1. Customer agrees that each of its employees,
subcontractors or agents receiving or having access to the Neighborhood Call database information will be
informed that such information is subject to the terms and conditions of this tariff and the Neighborhood Call
database information will remain the property of Pacific; that the Neighborhood Call database Information will be
treated with the same degree of care as Customer affords to its own highly confidential and proprietary Information;
and that the Neighborhood Call database information will not be reproduced in any manner, unless otherwise
specifically authorized in writing by Pacific. Upon request, Customer will promptly return to Pacific all Neighborhood
Call database information in a tangible form or certify to Pacific that such information has been destroyed."
4. Subcontractor agrees to comply with each of the obligations contained in SBC California's Tariff, CAL. P.U.C. N0.
A9.2.6.6.2.b for Neighborhood Call Tariff. Notwithstanding the preceding sentence, Subcontractor agrees that no
Neighborhood Call subscriber information will shared with any non-employee of Subcontractor, whether it be a
subcontractor or agent, without the written authorization of Customer and the execution of a Nondisclosure
Agreement with SBC California.
5. This Nondisclosure Agreement shall be in effect from the Effective Date until such time that Customer terminates its
request for Neighborhood Call service from SBC California or Customer elects to no longer use Subcontractor for
obtaining Neighborhood Call subscriber information. Subcontractor's duty to keep the Neighborhood Call
subscriber information confidential shall continue beyond the term of this Nondisclosure Agreement until such time
that Subcontractor returns to SBC California all Neighborhood Call subscriber information in a tangible form or
certifies to SBC California that such information has been destroyed.
6. Nothing contained in this Nondisclosure Agreement shall be construed as granting or conferring any rights by
license or otherwise in any Information.
7. This Nondisclosure Agreement shall benefit and be binding upon the parties hereto and their respective
subsidiaries, affiliates, successors and assigns.
B. This Nondisclosure Agreement shall be governed by and construed in accordance with the laws of the State of
California, irrespective of its choice of laws principles.
[SIGNATURE PAGE FOLLOWS]
PACIFIC BELL TELEPHONE COMPANY dba
SBC CALIFORNIA
By:
Print Name:
Title:
Date Sinned:
XXXX (Subcontractor andfor Aqent)
By:
Print
Title:
Date sioned,
XXXX (Customer)
------------ —
By:_
Print Name: leara Le..B1 no
Title Program Manager
Date Signed: June 30, 2008
CONTRACT
FOR
PUBLIC MASS NOTIFICATION SYSTEM
THE NTI GROUP, INC.
Contract
Recitals........................................
Articles.................................
.......................................... 4
Definitions............................................................................................................................................. 4
General Terms and Conditions
A. Governing Law and Venue..............................................................................................................4
B. Entire Contract..................................................................................................................................4
C. Amendments.....................................................................................................................................5
D. Taxes................................................................................................................................................ 5
E. Delivery............................................................................................................................................5
F. Acceptance/Payment.........................................................................................................................5
G. Warranty...........................................................................................................................................5
H. Patent/Copyright Material/Propriety Infringement.......................................................................... 6
I. Assignment or Sub-contracting.......................................................................................................... 6
J. Non-Discrimination...........................................................................................................................6
K. Termination......................................................................................................................................7
L. Consent to Breach not Waiver.......................................................................................................... 7
M. Remedies Not Exclusive.................................................................................................................. 7
N. Independent Contractor......._........................................................................................................... 7
O. Performance..................................................................................................................................... 7
P. Indemnification/Insurance................................................................................................................ 7
Q. Bills and Liens................................................................................................................1111.............. 10
R. Changes............................................................................................................................................10
S. Change of Ownership.......................................................................................................................10
T. Force Majeure...................................................................................................................................10
U. Confidentiality ...........................................................................
V. Compliance with Laws..............................................................
W. Freight.......................................................................................
X. Pricing.......................................................................................
Y. Waiver of Jury Trial..............................................................1111.
Z. Terms and Conditions................................................................
AA. Headings..................................................................................
BB. Severability ..............................................................................
CC. Calendar Day...........................................................................
DD. Attorney Fees.........................................................................
I
.................................................10
EE. nterpretatton.......... ........ ........................... :........................................
...................................10
.........................................10
.................... I...............
10
.........................11
........................
...........................11
.............................11
.....I ........................
...............................
1-11- ............... 11 .........
11
11
11
1 I
FF. Authority ......................................................................................................................................... 11
GG. Employee Eligibility Verification................................................................................................. 1 I
Additional Terns and Condition
I. Scope of Contract.......................................................................................................................... 12
2. Term of Contract........................................................................................................................... 12
3. Fiscal Appropriations.................................................................................................................... 12
4. Precedence.....................................................................................................................................12
5. Compensation................................................................................................................................12
6. Project Manager—County/Contractor...................................................................1..................111.. 12
7, Contractor Personnel...................................................................................................................12
8. Reports/Meetings. ............ _ ......... ............................................................ ..................................... 13
Contract N 1000009880 2 IAMB B
Attachments
AScope
B.
13
9. Contractor's Records.....................................................................................................................
C.
10. Conflict of Interest — Contractor...................................................................................................13
11. Ownership of Documents..............................................................................................................13
..................................................................................................................................26
Implementation Plan/Project Schedule..........................................................................................27
12. Data to
E.
F.
-Title ...................................................................................................................................13
Breach Contract
13. of .........................................................................................................................13
14. Contract Disputes
Training ...............................................................................................................40
..........................................................................................................................14
15. Stop Work......................................................................................................................................14
16. Termination — Orderly...................................................................................................................
14
Notices
17. .........................................................................................................................................14
18. Incorporation.................................................................................................................................15
19. Usage.............................................................................................................................................15
20. Audits/Inspections.........................................................................................................................15
21. Conditions Affecting Work
...........................................................................................................16
22. Documentation...............................................................................................................................16
23. Contractor's Expense
....................................................................................................................16
16
24. Gratuities.......................................................................................................................................
25. Authorization Warranty................................................................................................................16
26. News/Information Release.............................................................................................................16
27. County of Orange Child Support Enforcement Requirements
...................................................... 16
17
28. Publication.....................................................................................................................................
29. Errors and Omissions.....................................................................................................................17
30. Web Link
.......................................................................................................................................17
31. Security..........................................................................................................................................17
32. Transmission of Messages; Data...................................................................................................18
18
33. Limitation of Liability ...................................................................................................................
34, Cooperative Agreement.................................................................................................................18
19
ContractSignature Page....................................................................................................................
Attachments
AScope
B.
of Work...............................................................................................................................
Cost/Compensation for Contractor Services.................................................................................24
20
C.
Staffing Plan
D.
..................................................................................................................................26
Implementation Plan/Project Schedule..........................................................................................27
E.
F.
Support Services.,..........................................................................................................................37
Acceptance and Testing Procedures..............................................................................................38
G.
Training ...............................................................................................................40
Exhibits
I. Blank County of Orange Child Support Enforcement Certification Requirements Form ............. 41
CONTRACT
This Agreement, (hereinafter referred to as "Contract"), to provide a Public Mass Notification System, made and
entered into as of the date fully executed by and between The NTI Group, Inc., with a place of business at 15301 Ventura
Blvd., Building B, Suite 300, Sherman Oaks, CA 91403, (hereinafter referred to as "Contractor"), and the County of
Orange, a political subdivision of the State of California, (hereinafter referred to as "County") which may be referred to
individually as "Party" or collectively as "Parties".
RECITALS
WHEREAS, Contractor responded to a Request for Proposal (RFP) to provide a Public Mass Notification System,
as further set forth herein; and
WHEREAS, the Contractor responded and represented that its proposed services shall meet or exceed the
requirements and specifications of the RFP; and
WHEREAS, the County of Orange Board of Supervisors has authorized the Purchasing Agent or his designee to
enter into a Contract to obtain a Public Mass Notification System;
NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
Definitions:
1. Update. The term "Update" shall mean any bugs, patches, fixes, enhancements, improvements to the system.
2. Upgrade. The term "Upgrade" shall mean platform changes, addition of new modules or new integration
points or the creation of new versions.
3. Documentation. The tern "Documentation" shall mean all written and electronic manuals, training material,
or other associated printed materials and updated versions thereof, which are necessary or useful to the
County in its use of the Solution provided hereunder
4. Solution. The term "Solution" shall mean the entire Public Mass Notification Solution, inclusive of system
access, training, documentation, and support.
General Terms and Conditions
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be
governed by and construed under the laws of the state of California. In the event of any legal action to enforce or
interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange
County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure section 394. Furthermore, the Parties specifically agree to waive any and all
rights to request that an action be transferred for trial to another County.
B. Entire Contract: This Contract, and its Attachments, which have been incorporated, when accepted by the
Contractor either in writing or by the shipment of any article or other commencement of performance hereunder,
contains the entire Contract between the Parties with respect to the matters herein and there are no restrictions,
promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions,
alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.
Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or
agent, including but not limited to installers of equipment, shall not be valid or binding on County unless accepted in
writing by the County's Purchasing Agent or his designee, hereinafter "Purchasing Agent".
Contract N 1000009880 4 3/25/08
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and
signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the
Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by
County in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax
E Delivery: Time of delivery of goods or Services is of the essence in this Contract. County reserves the right to refuse
any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings,
samples or description, or services that do not conform to the prescribed statement of work. Acceptance of any part of
the order for goods shall not bind County to accept future shipments, nor deprive it of the right to return goods already
accepted, at Contractor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing
by County. Delivery shall not be deemed to be complete until all goods, or services, have actually been received and
accepted in writing by County.
F. Acceptance/Payment: Unless otherwise agreed to in writing by County, acceptance of the Public Mass Notification
Solution shall not be deemed complete unless in writing and until all the goods/services have actually been received,
inspected, and tested to the satisfaction of County, including but not limited to the testing set forth in accordance with
Attachment F for the Software. In the event that this Contract is terminated by County prior to acceptance of the
Software, County shall return the Software to Contractor and shall not be required to pay any charges, fee, rates,
hourly bills, invoices or any other monies for any services rendered to the County under this Contract prior to the date
of termination. County agrees that it may not utilize the Public Mass Notification Solution for any purpose other than
testing unless it has provided its acceptance in accordance with this paragraph.
G. Warranty: Contractor represents and warrants that the CTY Service will perform in a commercially reasonable and
professional manner and will conform substantially to the description of the service as described in Section 1. The
County accepts that the CTY Service is not intended to replace notification to First Responder services (such as, for
example purposes only, 911, fire, police, emergency medical, and public health), which should have already been
notified and deployed. Moreover, the County accepts that the CTY Service is not designed for use in any situation
where failure of the CTY Service could lead to death, personal injury, or damage to property. Contractor will use
commercially reasonable efforts to assure that the CTY Service remains available for access by County twenty-four
(24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year, excluding scheduled
maintenance. In the event the CTX Service experiences unscheduled unavailability, Contractor will notify the
party/parties responsible within twenty-four (24) hours and cooperate with the party/parties to resolve such problem
as soon as possible. In the event that the CTY Service fails to comply with the above warranty, the County shall
promptly inform Contractor of such fact, and Contractor, upon receipt of such notice and at its expense, will use
commercially reasonable efforts to correct any verifiable errors (by repair, replacement or re -performance) so that the
CTY Service complies with such warranty as soon as possible, but not more than thirty (30) days after written notice
from the County ("Cure Period'). In the event that such repair or replacement cannot be done within the Cure Period,
then the County, at its sole option, may either: (i) extend the time for Contractor to correct such breach, if correction is
commercially reasonable; or (ii) terminate the Contract, in which case, in addition to any other right or remedy the
County may have, Contractor shall refund to the County the prorated sum of monies paid but not utilized hereunder.
a. Contractor will have no obligation with respect to the foregoing limited warranty to the extent the error or
noncompliance was caused, in whole or in part, by the negligence or improper use of the CTY Service by the
County or a third party, or a breach by the County of its obligations under this Contract. Nor will Contractor be
responsible for delays, errors, failures to perform, interruptions or disruptions in the services contemplated under
this Contract caused by or resulting from any act, omission or condition beyond Contractor's reasonable control,
whether or not foreseeable or identified, including without limitation, the loss of, or improper access to Recipient
Data, unauthorized access or interception of such data, transmission errors or corruption or security of information
carried over telecommunication lines, failure of digital transmission links, hostile network attacks or network
congestion, or acts of God, strikes, lockouts, riots, acts of war, governmental regulations, shortage of equipment,
Contract N 1000009880 5 325108
materials or supplies, fire, power failure, earthquakes, severe weather, floods or other natural disaster or the
County's, a User's or any third party's applications, hardware, software or communications equipment or facilities.
b. Except as oarressly stated otherwise in this Contract, the CTY Service is provided "AS IS" with no guarantee that
it is error free, will perform or be uninterrupted, or that defects can or will be corrected. Contractor makes no
warranties, express or implied, with respect to the CTY Service, including without limitation, in connection with
third party applications, and Contractor specifically disclaims all other warranties regarding the CTY Service
including any implied warranties of merchantability or fitness for a particular purpose, or any warranties arising
from a course of dealing, course of performance, usage of the trade or trade practice.
H. Patent/Copyright Materials/Proprietary Infringement: Contractor will defend or settle any action brought
against the County to the extent that it is based upon a claim that the CTY Service, as provided by Contractor to the
County under this Contract and used within the scope of this Contract, infringes any copyright, trade secret, U.S.
patent or other proprietary right. Contractor's obligations hereunder are contingent on the following conditions:
1. The County must notify Contractor in writing promptly after County becomes aware of a claim or the possibility
thereof; and
2. The County will cooperate with Contractor in the settlement, compromise, negotiation, and defense of any such
action. Contractor will reimburse County for reasonable out of pocket expenses that it incurs providing that
assistance; and
3. The County must provide Contractor with all information related to the action that is reasonably requested by
Contractor; and
4. If as a result of an infringement claim the County's use of some or of all the CTY Service is enjoined by a court
of competent jurisdiction, Contractor will at its option and at expense either:
a. Modify or replace either all or the infringing part(s) of the CTY Service so that they are no longer
infringing, provided that the so modified CTY Service is functionally equivalent in all material respects to
the infringing parts of the CTY Service; or
b. Procure the right for Contractor to continue using the infringing part of the CTY Service; or
c. If neither of the foregoing options is available to Contractor using commercially reasonable efforts,
Contractor will terminate the Contract and promptly refund to the County all amounts paid by the County
to Contractor, with respect to such affected service.
5. Contractor shall not be liable hereunder for any settlement made by County without Contractor's advance written
approval or for any award from any action in which Contractor was not granted control of the defense.
1. Assignment or Sub -contracting: The terms, covenants, and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this
Contract nor any portion thereof may be assigned or sub -contracted by Contractor without the express written consent
of County. Any attempt by Contractor to assign or sub -contract the performance or any portion thereof of this
Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.
J. Non -Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the
requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in
discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a
violation of this provision shall subject Contractor to all the penalties imposed for a violation of anti -discrimination
law or regulation including but not limited to Section 1720 et M. of the California Labor Code.
Contract N 1000009880 6 Y25108
K. Termination:
Termination for Convenience. The County can terminate this Contract for convenience by giving Contractor thirty
(30) days prior written notice of termination, provided, however, that, the County agrees that in the event of such
Termination for Convenience, the County will pay to Contractor all costs incurred by the Contractor and accepted by
County in providing the CTY Service to the County to the date of such termination. These costs will specifically
include one hundred percent of the cost incurred by the Contractor for licensing data to the County, and any other
verified costs incurred by Contractor, which will be prorated to the date of termination, provided however, that the
aggregate of such costs will not exceed the annual Service Fee.
Termination With Cause. Either party may terminate the Contract in the event of a material breach by the other
party, which breach remains uncured for ten (10) days following written notice to the breaching party. In the event of
a termination by County for an uncured material breach, the County will receive a pro rata refund of any amounts paid
but not utilized hereunder.
L. Consent to Breach Not Waiver: No term or provision of this Contractor shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or
consented. Any consent by any Parry to, or waiver of, a breach by the other, whether express or implied, shall not
constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as to one another and as
to any other provided by law, rather than exclusive; and the expression of certain remedies in this Contract does not
preclude resort by either Party to any other remedies provided by law.
N. Independent Contractor: Contractor shall be considered an independent Contractor and neither Contractor, its
employees nor anyone working under Contractor shall be considered an agent or an employee of County. Neither
Contractor its employees nor anyone working under Contractor, shall qualify for workers' compensation or other
fringe benefits of any kind through County.
O. Performance: Contractor shall perform all work under this Contract, taking necessary steps and precautions to
perform the work to County's satisfaction. Contractor shall be responsible for the professional quality, technical
assurance, timely completion and coordination of all documentation and other goods/services furnished by the
Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workman-
like manner; shall fumish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore;
shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of
County required in its governmental capacity, in connection with performance of the work; and, if permitted to
subcontract, shall be fully responsible for all work performed by subcontractors.
P. I ndemai6cation/Insurance:
INDEMNIFICATION PROVISIONS
Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and
appointed officials, officers, employees, agents and those special districts and agencies which County's Board of
Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of
any kind or nature, including but not limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by Contractor pursuant to this Contract, as specified in Attachment
A, Scope of Work. If judgment is entered against Contractor and County by a court of competent jurisdiction because
of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will
be apportioned as determined by the court. Neither Party shall request a jury apportionment.
INSURANCE PROVISIONS
Contmet NI000009880 7 M-SM8
Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at
Contractor's expense and to deposit with the County Certificates of Insurance, including all endorsements required
herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with and to
keep such insurance coverage and the certificates therefore on deposit with the County during the entire term of this
Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall
obtain insurance subject to the same terms and conditions as set forth herein for Contractor.
All insurance policies required by this Contract shall declare any deductible or self-insured retention (SIR) in an
amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the County
Executive Office (CEO)/Office of Risk Management. Contractor shall be responsible for reimbursement of any
deductible to the insurer. Any self-insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of
Insurance.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County
may terminate this Contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California
(California Admitted Carrier).
Minimum insurance company ratings as determined by the most current edition of the Best's Key Rating
Guide/Pronerty-Casualty/United States or ambest.com shall be A- (Secure Best's Rating) and VIII (Financial Size
Category).
If the carrier is a non -admitted carrier in the state of California, CEO/Office of Risk Management retains the right to
approve or reject carrier after a review of the company's performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set
forth below;
Coverage
Commercial General Liability with broad form
property damage and contractual liability
Automobile Liability including coverage
for owned, non -owned and hired vehicles
Workers' Compensation
Employers' Liability Insurance
Minimum Limits
$1,000,000 combined single
limit per occurrence
$2,000,000 aggregate
$1,000,000 combined single
limit per occurrence
Statutory
$1,000,000 per occurrence
All liability insurance, except Professional Liability, required by this Contract shall be at least $1,000,000 combined
single limit per occurrence. Professional Liability may also be provided on a "claims made" basis. The minimum
aggregate limit for the Commercial General Liability policy shall be $2,000,000.
The County of Orange shall be added as an additional insured on all insurance policies required by this Contract with
respect to work done by the Contractor under the terms of this Contract (except Workers' Compensation/Employers'
Contract N 1000009880 8 3/25/08
Liability). An additional insured endorsement evidencing that the County of Orange is an additional insured shall
accompany the Certificate of Insurance.
All insurance policies required by this Contract shall be primary insurance, and any insurance maintained by the
County of Orange shall be excess and non-contributing with insurance provided by these policies. An endorsement
evidencing that the Contractor's insurance is primary and non-contributing shall specifically accompany the
Certificate of Insurance for the Commercial General Liability.
All insurance policies required by this Contract shall give the County of Orange 30 days notice in the event of
cancellation. This shall be evidenced by an endorsement separate from the Certificate of Insurance. In addition, the
cancellation clause must include language as follows, which edits the pre-printed ACORD certificate,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL PAIL An tm AVOR-Try MAIL 30 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT_BUT FAILURE TO MAIL SJJGI 1 NOTICE SHALL
IMPOSE NO OBLIGATION O LIABILITY OF ANY VITID 1 PGN THE GGAIRANY ITC AGP;T O
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149PRESENTATWE.
All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange and
members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees when acting
within the scope of their appointment or employment.
If Contractor's Professional Liability policy is a "claim made' policy, Contractor shall agree to maintain professional
liability coverage for two years following completion of Contract.
The Commercial General Liability policy shall contain a severability of interests clause.
The Contractor is aware of the provisions of Section 3700 of the California Labor Code which requires every
employer to be insured against liability for Workers' Compensation or be self-insured in accordance with provisions
of that code. The Contractor will comply with such provisions and shall furnish the County satisfactory evidence that
the Contractor has secured, for the period of this Contract, statutory Workers' Compensation insurance and
Employers' Liability insurance with minimum limits of $1,000,000 per occurrence.
Insurance certificates should be forwarded to the agency/department address listed on the solicitation.
If the Contractor fails to provide the insurance certificates and endorsements within seven days of notification by
CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified Offeror.
County expressly retains the right to require Contractor to increase or decrease insurance of any of the above
insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by
County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit
copies of acceptable certificates of insurance and endorsements with County incorporating such changes within thirty
days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall
be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability
hereunder nor to fulfill the indemnification provisions and requirements of this Contract.
Contmot N 1000009880 9 3/25/08
The County of Orange Certificate of Insurance and the Special Endorsement for the County of Orange can be utilized
to verify compliance with the above-mentioned insurance requirements in place of commercial insurance certificates
and endorsements
Q. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in
performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if
any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of
paragraph "P" above, indemnify, defend, and hold County harmless and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from or related thereto.
R. Changes: Contractor shall make no changes in the work or perform any additional work without the County's
specific written approval.
S, Change of Ownership: Contractor agrees that if there is a change or transfer in ownership of Contractor's business
prior to completion of this Contract, the new owners shall be required under terms of sale or other transfer to assume
Contractor's duties and obligations contained in this Contract and complete them to the satisfaction of County.
T. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties
during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil
disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of
the cause of the delay to County within 36 (thirty-six) hours of the start of the delay and Contractor avails himself of
any available remedies.
U. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County -related records and
information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any
time during the term of this Contract. All such records and information shall be considered confidential and kept
confidential by Contractor and Contractor's staff, agents and employees.
Contractor Information: The County will maintain the confidentiality of Contractor Data, the CTY Service,
Account Information, training materials, and the member pages of the Contractor Website (collectively, "Contractor
Information") with the same degree of care that it uses to protect its own confidential information, but in no event
less than a reasonable degree of care, provided, however, that, the County may disclose Confidential Information to
the extent required by law or in response to a written Public Records Request under California flaw. In the event that
disclosure is mandated, each Party agrees to provide notice to the other prior to such disclosure together with a list
and copies of, all documents that will be disclosed.
V. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall
fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations (collectively `laws"), including, but not limited to those issued by County in its governmental capacity
and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor
acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of
paragraph "P" above, Contractor agrees that it shall defend, indemnify and hold County and County Indemnitees
harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
W. Freight (F.O.B. Destination): Contractor assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this
Contract.
X. Pricing: The Contract price shall include full compensation for providing all required goods in accordance with
required specifications, or services as specified herein or when applicable, in the Scope of Work attached to this
Contract, and no additional compensation will be allowed therefore, unless otherwise provided for in this Contract.
Contract N1000009880 10 3/25/08
Y. Waiver of Jury Trial: Each Party acknowledges that it is aware of and has had the opportunity to seek advise of
counsel of its choice with respect to its rights to trial by jury, and each Parry, for itself and its successors, creditors,
and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action,
proceeding or counterclaim brought by any Party hereto against the other (and/or against its officers, directors,
employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in
any way connected with this Contract and /or any other claim of injury or damage.
Z. Terms and Conditions: Contractor acknowledges that it has read and agrees to all terms and conditions included in
this Contract.
AA. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate
clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or
otherwise affect the meaning hereof.
1313. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and
effect and shall in no way be affected, impaired or invalidated thereby.
CC. Calendar Days: Any reference to the word "day" or "days" herein shall mean calendar day or calendar days,
respectively, unless otherwise expressly provided.
DD. Attorneys Fees: In any action or proceeding to enforce or interpret any provision of this Contract, or where any
provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and expenses.
EE. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and
knowledgeable in the matters dealt with in this Contract. In addition, each Party has been represented by experienced
and knowledgeable independent legal counsel of their own choosing, or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not
been influenced to any extent whatsoever in executing this Contract by any other Party hereto or by any person
representing them, or both. Accordingly, any rule of law (including California Civil Code Section 1654) or legal
decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not
applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the
purpose of the Parties and this Contract.
FF. Authority: The Parties to this Contract represent and warrant that this Contract has been duly authorized and
executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
GG. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and State statutes
and regulations regarding the employment of aliens and others and that all its employees performing work under this
Contract meet the citizenship or alien status requirement set forth in Federal statues and regulations. The Contractor
shall obtain, from all employees performing work hereunder, all verification and other documentation of employment
eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration
Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter
amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by
the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and bold harmless, the
County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed
against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes
or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Comma N 1000009880 11 U26A8
Additional Terms and Conditions
1. Scope of Contract: This Contract, including Attachments, specifies the contractual terms and conditions by
which Contractor shall provide County a Public Mass Notification Solution under a fixed price contract for
services as further set forth in this Contract.
2. Term of Contract: The initial term of this Contract is for three (3) years effective on the date execution is completed
by both Parties, continuing for three (3) years from that date, unless terminated by County. Contract may be renewed for
up to two (2) additional one-year, consecutive terms, upon mutual agreement of the Parties. County is not required to
provide a reason, or rationale in the event it elects not to renew the Contract. Approvals are subject to approval by the
County Board of Supervisors.
Fiscal Appropriations: This Contract is subject to and contingent upon applicable budgetary appropriations
being approved by the County of Orange Board of Supervisors for each year during the term of this Contract. If
such appropriations are not forthcoming, the Contract will be terminated without penalty. Contractor
acknowledges that funding or portions of funding for this Contract may also be contingent upon the receipt of
funds from, and/or appropriation of funds by, the state of California to County. If such funding and/or
appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this
Contract without penalty.
4. Precedence: The Contract documents consist of this Contract including its Attachments. In the event of a
conflict between the Contract documents, the order of precedence shall be this Contract, then the Attachments.
S. Compensation: The Contractor agrees to accept the specified compensation as set forth in Attachment B as full
remuneration for performing all services and furnishing all staffing and materials required, for any reasonably
unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for
risks connected with the services, and for performance by the Contractor of all its duties and obligations
hereunder.
6. County and Contractor Project Manager: The County shall appoint a project manager to act as liaison
between the County and the Contractor during the term of this Contract ("County Project Manager"). The County
Project Manager shall coordinate the activities of the County staff assigned to work with the Contractor.
Contractor shall appoint a project manager to direct the Contractor's efforts in fulfilling Contractor's obligations
under this Contract ("Contractor Project Manager"). Contractor Project Manager shall be subject to approval by
the County and shall not be changed without the written consent of the County Project Manager. The County
Project Manager shall have the right to require the removal and replacement of the Contractor Project Manager
from providing services to the County under this Contract. The County Project Manager shall notify the
Contractor in writing of such action. The Contractor shall accomplish the removal within 14 calendar days after
written notice by the County Project Manager. The County is not required to provide any reason, rationale or
factual information in the event it elects to request the removal of Contractor Project Manager from providing
services to the County under this Contract.
Contractor Personnel: In addition to the rights set forth in paragraph 6, the County Project Manager shall have
the right to require the removal and replacement of any of Contractor's personnel from providing services to the
County under this Contract. The County Project Manager shall notify the Contractor Project Manager in writing
of such action. The Contractor shall accomplish the removal of the specified personnel within one (1) calendar
day after written notice by the County Project Manager. The County is not required to provide any reason,
rationale or factual information in the event it elects to request the removal of any of Contractor's personnel from
providing services to the County under this Contract.
Contract N 1000009880 12 3', V08
8. Reports/Meetings, The Contractor shall develop reports and any other relevant documents necessary to
complete the services and requirements as set forth in this Contract. The County's Project Manager and the
Contractor's Project Manager will meet on reasonable notice to discuss the Contractor's performance and
progress under this Contract. If requested, the Contractor's Project Manager and other project personnel shall
attend all meetings. The Contractor shall provide such information that is requested by the County for the
purpose of monitoring progress under this Contract.
9. Contractor's Records: The Contractor shall keep true and accurate accounts, records, books and data which
shall correctly reflect the business transacted by the Contractor in accordance with generally accepted accounting
principles. These records shall be stored in Orange County for a period of four years after final payment is
received from the County. Storage of records in another county will require written approval from the County of
Orange assigned buyer.
10. Conflict of Interest — (Contractor): Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that result in a conflict with the best interests of the County. This obligation shall apply to
the Contractor; the Contractor's employees, agents, relatives, sub -tier Contractors, and third parties associated
with accomplishing work and services hereunder. Contractor's efforts shall include, but not be limited to
establishing precautions to prevent its employees or agents from making, receiving, providing or offering gifts,
entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals
to act contrary to the best interest of the County.
11. Ownership of Documents: The County has permanent ownership of all directly connected and derivative
materials produced under this Contract by the Contractor. All documents, reports and other incidental or
derivative work or materials furnished hereunder shall become and remains the property of the County and may
be used by the County as it may require without additional cost to the County. None of the documents, reports
and other incidental or derivative work or furnished materials shall be used by the Contractor without the express
written consent of the County.
The County acknowledges and accepts that the Connect-CTY Service ("CTY Service") and all documents, data,
and other materials provided by Contractor to the County pursuant to the provision of the CTY Service are not
purchased or developed with County funds. Accordingly, nothing in this Contract grants or transfers to the
County any ownership rights in the foregoing materials. However, any materials provided by the County to
Contractor pursuant to the provision of the CTX Service, will belong to the County.
12. Data — Title to: All materials, documents, data or information obtained from the County data files or any County
medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the
County. Such data or information may not be used or copied for direct or indirect use by the Contractor after
completion or termination of this Contract without the express written consent of the County. All materials,
documents, data or information, including copies, must be returned to the County at the end of this Contract.
13. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or conditions
of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any
other remedies available at law, in equity, or otherwise specified in this Contract:
I. Afford the Contractor written notice of the breach and ten calendar days or such shorter time that may be
specified in this Contract within which to cure the breach; and
2. Discontinue payment to the Contractor for and during the period in which the Contractor is in breach; and
3. Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed
pursuant to the above; and
Contract N 1000009880 13 3/25108
4. County may terminate the Contract immediately without penalty.
14. Contract Disputes:
A. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute
concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable
period of time by the Contractor's Project Manager and the County's Project Manager, such matter shall
be brought to the attention of the County Purchasing Agent by way of the following process:
1. The Contractor shall submit to the agency/department assigned buyer a written demand for a final
decision regarding the disposition of any dispute between the parties arising under, related to, or
involving this Contract, unless the County, on its own initiative, has already rendered such a final
decision.
2. The Contractor's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Contract, the Contractor shall include with the demand
a written statement signed by a senior official indicating that the demand is made in good faith,
that the supporting data are accurate and complete, and that the amount requested accurately
reflects the Contract adjustment for which the Contractor believes the County is liable.
B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the
Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of
goods and/or provision of Services. The Contractor's failure to diligently proceed shall be considered a
material breach of this Contract.
Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by
the County Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt
of the Contractor's demand, it shall be deemed a final decision adverse to the Contractor's contentions.
15. Stop Work: The County may, at any time, by written stop work order to the Contractor, require the Contractor to
stop all or any part of the work called for by this Contract for a period of 90 working days after the stop work
order is delivered to the Contractor and for any further period to which the Parties may agree. The stop work
order shall be specifically identified as such and shall indicate it is issued under this clause. Upon receipt of the
stop work order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize
the incurrence of costs allocable to the work covered by the stop work order during the period of work stoppage.
Within a period of 90 working days after a stop work order is delivered to the Contractor or within any extension
of that period to which the Parties shall have agreed, the County shall either
1. Cancel the stop work order; or
2. Terminate the Contract in whole or in part in writing as soon as feasible. County is not required
to provide thirty (30) days notice of the termination of the Contract to Contractor if a stop work
has been issued by County.
16. Orderly Termination: Upon termination or other expiration of this Contract, each Party shall promptly return to
the other Party all papers, materials, and other properties of the other held by each for purposes of execution of the
Contract. In addition, each Party will assist the other Party in orderly termination of this Contract and the
transfer of all aspects, tangible and intangible, as may be necessary for the orderly, non -disruptive business
continuation of each Party.
17. Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly given (1) upon
actual delivery, if delivery is by hand; or (2) upon delivery by the United States mail if delivery is by postage paid
Contract N!000009880 14 3/25108
registered or certified return receipt requested mail. Each such notice shall be sent to the respective Party at the
address indicated below or to any other address as the respective Parties may designate from time to time.
For Contractor:
For County:
The NTI Group, Inc.
15301 Ventura Blvd., Bldg. B, Suite 300
Sherman Oaks, CA 91403
Attn: Daniel Petersen
Phone: 818-808-1452
County of Orange
CEO/IT/Finance & Contracts
1501 E. St, Andrew Place, 2nd Floor
Santa Ana, CA 92705
Attn: Barbara Voelkel
Deputy Purchasing Agent
714-834-7144
714-796-8416 Fax
18. Incorporation: This Contract, its Attachments A through G, are attached hereto and incorporated by reference
and made a part of this Contract.
19. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract. Usage figures, if
provided, are approximate, based upon the last usage. The Contractor agrees to supply services and/or
commodities requested, as needed by the County of Orange, at prices listed in the Contract, regardless of quantity
requested.
20. Audits/Iospections:
Contractor agrees to permit the County's Auditor -Controller or the County's authorized representative (including
auditors from a private auditing firm hired by the County) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts
payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting
any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters
connected with the performance of the Contract including, but not limited to, the costs of administering the
Contract. The County will provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Contractor's records before payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of four years after final payment,
unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow
interviews of any employees or others who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right to the County to audit records and interview staff of any subcontractor
related to performance of this Contract.
Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this Contract shall be
forwarded to the surviving entity in a merger or acquisition or, in the event of liquidation, to the County's Project
Manager.
Contract N 1000009880 15 312%8
21. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to
ascertain the nature and location of the work to be performed under this Contract and to know the general
conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve
Contractor from responsibility for successfully performing the work without additional cost to the County. The
County assumes no responsibility for any understanding or representations concerning the nature, location(s) or
general conditions made by any of its officers or agents prior to the execution of this Contract, unless such
understanding or representations by the County are expressly stated in the Contract.
22. Documentation: The Contractor shall provide County with and maintain two (2) copies of a comprehensive
Solution Documentation manual designed to document the Software functions, guide trained users and train future
users as well as providing technical specifications to allow Software and Solution management by County staff.
The Contractor further agrees that the County may reproduce such manuals for its own use in maintaining the
Software Products provided hereunder. The County agrees to include the Contractor's copyright notice on any
such documentation reproduced in accordance with copyright instructions to be provided by the Contractor.
Failure to supply the requested user manuals and other associated printed materials shall be considered a material
breach. County may immediately terminate without penalty.
23. Contractor's Expense: The Contractor will be responsible for all costs related to photo copying, telephone
communications, fax communications, and parking while on County sites during the performance of work and
services under this Contract unless otherwise specified. The County will not provide free parking for any service
in the County Civic Center,
24. Gratuities: The Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were
offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of
the County with a view toward securing the Contract or securing favorable treatment with respect to any
determinations concerning the performance of the Contract. For breach or violation of this warranty, the County
shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the
County in procuring on the open market any goods or services which the Contractor agreed to supply shall be
borne and paid for by the Contractor. The rights and remedies of the County provided in the clause shall not be
exclusive and are in addition to any other rights and remedies provided by law or under the Contract.
25. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on
behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each
and every term, condition and obligation of this Contract and that all requirements of the Contractor have been
fulfilled to provide such actual authority.
26. News/Information Release: The Contractor agrees that it will not issue any news releases in connection with
either the award of this Contract or any subsequent amendment of or effort under this Contract without first
obtaining review and written approval of said news releases from the County through the County's Project
Manager.
27. County of Orange Child Support Enforcement Requirements (Exhibit I — Blank County of Orange Child
Support Enforcement Certification Requirements Form): In order to comply with the child support
enforcement requirements of the County of Orange, within ten days of notification of selection of award of
Contract but prior to official award of Contract, the selected Contractor agrees to furnish to the Deputy
Purchasing Agent:
A. In the case of an individual Contractor, his/her name, date of birth, Social Security number, and
residence address;
Contract N 1000009880 16 325/08
B. In the case of a Contractor doing business in a form other than as an individual, the name, date of
birth, Social Security number, and residence address of each individual who owns an interest of
10 percent or more in the contracting entity;
C. A certification that the Contractor has fully complied with all applicable federal and state
reporting requirements regarding its employees; and
D. A certification that the Contractor has fully complied with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignment and will continue to so comply. The required
certification is listed in Exhibit I. A blank Exhibit I is attached hereto.
Failure of the Contractor to timely submit the data and/or certifications required may result in the Contract being
awarded to another Contractor. In the event a Contract has been issued, failure of the Contractor to comply with
all federal, state, and local reporting requirements for child support enforcement or to comply with all lawfully
served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the
Contract. Failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds
for termination of the Contract.
28. Publication: No copies of sketches, schedules, written documents, computer based data, photographs, maps or
graphs, including graphic art work, resulting from performance or prepared in connection with this Contract, are
to be released by Contractor and/or anyone acting under the supervision of Contractor to any person, partnership,
company, corporation, or agency, without prior written approval by the County, except as necessary for the
performance of the services of this Contract. All press releases, including graphic display information to be
published in newspapers, magazines, etc., are to be administered only by the County unless otherwise agreed to
by both Parties.
29. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be
complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and
key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is
discretionary and Contractor shall not assume that the County will discover errors and/or omissions. If the
County discovers any errors or omissions prior to approving Contractor's reports, files and other written
documents, the reports, files or documents will be returned to Contractor for correction. Should the County or
others discover errors or omissions in the reports, files or other written documents submitted by Contractor after
County approval thereof, County approval of Contractor's reports, files or documents shall not be used as a
defense by Contractor in any action between the County and Contractor, and the reports, files or documents will
be returned to Contractor for correction.
30. Web Link: Contractor grants to the County a limited non-exclusive, royalty -free license to place one of the
digital images of the Contractor's Connect-CTY Sign-up Logo (the "Image"), on an appropriate page of the
County's Internet site ("County Site"), with a hyperlink to Contractor's CTY Web Portal ("Link').
31. Security: All passwords and user names (collectively, "Account Information"), provided by Contractor are
deemed Contractor Confidential Information. The County is responsible for (i) knowing who has access to its
applications and servers; (ii) keeping track of login accounts; (iii) County -side security with respect to Account
Information; (iv) for activities that occur under its account; and (v) providing its Users with notice of the terms
and conditions under which access to the CTY Service is granted. The County agrees to (i) immediately notify
Contractor of any unauthorized use of Account Information or breach of security pertaining to the CTY Service,
Contract N 1000009880 17 3125V R
and (ii) ensure that Users exit from their accounts at the end of each session. Contractor is responsible for
implementing adequate security precautions for matters under its direct control.
32. Transmission of Messages; Data: County will be responsible for the content of the messages transmitted by
Users using the CTY Service and agrees not to send communications to a Recipient who "opts -out", i.e., who has
indicated that he/she does not wish to receive a communication from the County. The County will only use the
Contractor Data to contact individuals pursuant to the use of the CTY Service and is prohibited from downloading
or making copies of Contractor Data, Any search and on-screen display functionality is restricted to resolving
incidents or assisting an individual or business entity inquiring about the use of its information pursuant to the
CTY Service,
33. Limitation of Liability: If the County suffers damages arising from or relating the CTY Service, then
Contractor's aggregate liability to the County will be as follows: (a) For intentional or willful misconduct on the
part of Contractor, Contractor's liability will not be limited. (b) For all other misconduct, Contractor's aggregate
liability will be limited to the lesser of (i) actual direct damages or (ii) the total fees paid by the County to
Contractor under this Contract. In no event will Contractor, its officers, or employees, be liable for any indirect,
punitive, reliance, special, consequential, or other damages of any kind or nature whatsoever, suffered by the
County or any third party arising out of this Contract or the transactions contemplated hereby, even if Contractor
has been advised of the possibilities of such damages or should have foreseen such damages.
34. Cooperative Agreement (Other Orange County Jurisdictions Only)
Other jurisdictions within Orange County who have not contracted for their own requirements may desire to
participate in this Contract. The Contractor will be requested to service these entities and will be given the
opportunity to accept or reject the additional requirements. If the Contractor elects to supply the other entities,
orders will be placed directly by the entity, and each entity will make payment directly to the Contractor.
These entities will hold harmless the County of Orange from all claims, demands, actions or causes of actions of
every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this contract.
The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The
Contractor is responsible for providing each cooperative entity a copy of the Contract upon request by the
cooperative entity. The County of Orange makes no guarantee of usage by other users of this Contract.
Contract N 1000009880 18 3/25/08
Contract Signature Page
The Parties hereto have executed this Contract on the dates shown opposite their respective signatures below
THE NTI GROUP, INC.:
Signe
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Title
Date /
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Title
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" If the contracting party is a corporation, (2) two signatures are required as further set forth in this paragraph.
The first signature shall be: (a) the Chairman of the Board; b) the President; or c) any Vice President. The second
signature shall be a) the Secretary; or 2) any Assistant Secretary; or 3) the Chief Financial Officer; or d) any Assistant
Treasurer.
..YYYYYYYY YYYYYY YYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY YLYY YYYYYYY\YYYYYYYYYYYY YYYYYYYY
COUNTY OF ORANGE
A political subdivision of the State of California
BYt;I
Date zV5
Approved by Board of Supervisors on:
APPROVED AS To FORM:
COUNTY COUNSEL
By Date 4 'l
De utv
ContmetN1000009880 19 3/25108
ATTACHMENT A
SCOPE OF WORK
PUBLIC MASS NOTIFICATION SYSTEM
A, BACKGROUND
The County seeks to enhance its ability to deliver critical, time -sensitive information to citizens and businesses by
broadcasting to phone and e-mail devices for emergency notification purposes through a mass notification system
with County -wide citizen contact data and geographical zoning capability. County has contracted with the
County's top two phone providers, Verizon and AT&T, for County -wide E911 phone data. An online citizen
subscription process will be implemented via the County's website to collect additional citizen contact
information (mobile, VOIP and e-mail), and possibly preference data (preferred language, notification types, etc.).
At minimum, County shall update phone provider data quarterly. Citizen subscription data is expected to be
updated in real-time or daily.
Within Orange County, a variety of mass notification services or systems have already been implemented by
individual cities. The primary use of these systems is to provide citizens with safety information; however, some
are also used for general information notices as well. The goal of the County is to benefit from economies of scale
by implementing a County -wide system that will be accessible to all Orange County cities including those not
participating in the County's law enforcement services program.
B. SCOPE OF PROJECT
Contractor shall implement a County -wide public mass notification system with the primary objective of quickly
delivering alert, warning and instructional emergency messages via phone and/or e-mail to County residents and
businesses during time of disaster. The production ready system shall be licensed for use throughout Orange
County's entire region.
Contractor shall implement a system for County with sufficient administrative controls to manage system use
across County and city public safety jurisdictions. System users shall only be capable of accessing information
and launching notification sessions to citizens within their jurisdiction. The system shall have sufficient
functionality, security and bandwidth to accommodate County -wide data, regional use, multilingual outbound
messages, geographical call list generation and tiered system administration and use.
Business Requirements of a County -wide mass notification system include, but are not limited to, a solution that:
(not specified in order of priority):
+ Is established and specifically designed to facilitate public mass notification distribution.
+ Offers tiered administration and security levels to optimize, manage and control system use.
• Allows citizens to register phone numbers and e-mail addresses via the County's website.
• Is capable of disseminating messages via telephone and e-mail.
• Is capable of disseminating messages to TTD\TTY devices.
• Is capable of disseminating messages in citizen's preferred language (Spanish, Vietnamese or English).
* Contains accurate, up-to-date County -wide constituent phone and e-mail data.
• Contains up-to-date County geographical maps.
• Is capable of geo-coding AT&T and Verizon phone data to County -wide geographical maps.
• Is capable of generating call lists via geographical map selection.
• Is designed and managed with sufficient security, backup and redundancy.
• Is available 99.05% of the time, .05% allowed for planned system maintenance.
• Can deliver a 30 second message to 10,000 citizen phone numbers within 10 minutes.
C. CONTRACTOR RE.SPONSIBILITIES
Contractor shall perform services as follows or otherwise agreed to in writing by County:
Contract N 1000009880 20 325/08
Contractor Solution
Contractor shall provide a fully -hosted, web -based Application Service Provider (ASP) solution that will
provide the County an emergency public mass notification system, including all hardware, software and
communications equipment required to support the business objectives. "Emergency" shall be defined as
any communication deemed by County to be:
• Life-threatening to the public; or
• Harmful to individuals, animals and/or property from man-made or natural threats
Contractor's solution shall provide the following:
a. Speed of Message Delivery - SLAs: Contractor shall maintain Service Level Agreements (SLAB)
with multiple telecommunications providers which allow it to initiate at least 2,000,000 60 -second
voice messages per hour. Contractor shall be able to initiate at least 1,000,000 e-mail and e -mail -
based text messages (SMTP) per hour; Contractor shall be able to initiate at least 360,000 SMS text
messages (SMPP) per hour. Further, the Contractor shall utilize reliable and proven delivery
methods, including superior call routing, throttling, and load balancing via proprietary algorithms.
b. System Reliability and Redundancy: Contractor shall maintain a redundant, zero single point -of -
failure system. Contractor shall utilize multiple delivery methods (e.g., Time Division Multiplexing
(TDM), Voice over Internet Protocol (VOIP), SMS, and e-mail), multiple telecommunications
partners, and draw from multiple data centers that span all three national power interconnects.
• Compatibility: Contractor's service utilizes an open architecture which allows for ongoing
expansion to include new technologies as well as contact capacity. Further, as a fully -hosted,
web -based Application Service Provider (ASP) solution, Contractor's service does not require
any software download or hardware installation. The service can be utilized on any standard
web -enabled device or telephone.
c. System Security:
• Transmission Security: Contractor shall utilize secure transmission for all data transfer to and
from County's sites. This includes secure socket layer or secure ftp that uses 128 bit SSL
encryption or better.
• LDAP Security Provision: Contractor's system will integrate directly via LDAP for County end
user authentication, allowing users to have the same user name and password for Contractor's
service that they currently use for their employee log -in, but that information is not passed to
Contractor. It also ensures that, should a user no longer be an employee, that user is immediately
unable to use the system without the County having to take further action.
• Call Authorization: Contractor's Call Authorization feature will require County -authorized
individuals to approve any message before it is sent based upon client -defined issues as well as
user roles and rights. Approval may be granted securely using just a telephone. County may set
its own parameters around notification events which will prevent users from sending an
unauthorized call or sending a call at an inopportune time of night.
• PIN Authentication: Contractor's service offers the option to require the call recipient enters a
PIN before a message is played. This feature may be turned on for a call by call basis. This
feature is primarily used for inter -office and/or divisional transmissions to confirm that the
correct recipient is reviewing confidential information.
• Hierarchical Controls: County will be able to segment which users have access to communicate
with which recipients based upon County -defined and controlled roles and rights per user type.
• Audit Trail: The System provides an audit trail of all user and session activity.
d. System Data:
• Data Management: The solution has an interface to allow System users, who have been granted
appropriate system permission, to Add, Edit and Delete contact records as desired. This includes
all records; entered manually, E911 data and citizen opt -in.
• Data Import: Contractor shall provide data upload (i.e. "bulk loading"), data integrity cleansing
and management of County -provided data, including initial and routine E911 data sets. System
shall identify E911 data record source accordingly.
Contract N 1000009880 21 325/08
• Data Integrity: The Systems contact database is designed to conform with the NENA 2.1
standard data structure. Uploaded and manually entered contact records shall be stored using
standard terminology where applicable (ie address prefix, address suffix, city name, etc.). System
to enforce data integrity throughout the entire application.
• Data Backup: Contractor is responsible for providing sufficient data backup and disaster
recovery operations to protect the County's data from becoming damaged, destroyed or
unavailable.
• User -defined Configurable fields: Contractor's service will allow for user -defined configurable
fields.
• Data Provision from Directory Services: Upon County's request and upon execution of a
written amendment to this Contract, Contractor may provide telephone data at additional cost to
the County.
e. Ease of Use and Access Features:
• Remote Access: Contractor's service provides a streamlined solution for priority situations that
allows users to record and send messages from a remote location using just a touch-tone phone.
All County approved authorized users will be provided with Dial -in Messaging Cards.
• Bilingual Community Web Portal: Contractor shall provide a secure County -specific Web
page to gather County constituents' e-mail addresses, cell phone numbers, unlisted phone
numbers and language preference. At minimum, web portal shall be available in English,
Spanish and Vietnamese languages. Citizens shall have the ability to Add, Edit and Delete opt -in
data. Web portal shall offer security mechanisms to validate users and prevent unauthorized use.
• Ease of Grouping for Targeted Messaging -- Contractor's service will enable users to quickly
and easily pre -define groups for staff, volunteers, intra -department teams, languages, and
specialty groups (e.g., day care centers, senior care facilities). The user has the ability to store
recipients by an unlimited number of groups.
Features for Ease of Use & Maximum Outreach:
• Multi -Modality Delivery Methods and Devices: Contractor shall provide a zero -single -point -
of -failure system through multiple delivery methods (e.g., Time Division Multiplexing (TDM),
Voice over Internet Protocol (VoIP), SMS, and e-mail). The service delivers via multiple
methods, including e-mail and SMS, and allows for delivery to multiple device types—including
cell phone, PDA, pager, and TTY/TDD devices, as well as the traditional land phone—for rapid
and inclusive access.
• Interactive Survey: Contractor's interactive survey feature allows users to create a message
in the form of a customized survey to send to contacts. The recipients hear a message that
contains a question that they are asked to respond to via their telephone keypad. The results
are tabulated by the Contractor's service and then provided to users via the website and e-
mail reports.
• Message Scripting and Storage: Contractor's service shall come with a library of sample
scripts and provides the option for the authorized user to record and send a message
immediately or pre -record and store messages in their message library for use at a later time
or date.
• GTS Compatibility: Contractor shall provide compatibility with the County's GIS maps.
With or without GIS, users can target specific areas on a map using the Systems integrated
Geo -Calling feature. Contractor's service will be capable of creating specific call lists for a
certain area of the County using criteria such as radius, ZIP code, and arbitrary shapes using
GIS mapping. Users can also create a polygon area by clicking as many points on a map as
are needed to indicate the desired calling area. The user may even draw a shape of a donut to
remove a segment of the database (e.g., the "hole" of the donut is excluded from the call).
This feature provides great flexibility in mapping selections to optimally geo-target the
audience to receive specific messages.
• CAP: Contractor's service is fully compatible with the "Common Alerting Protocol Version
1.1" (CAP v 1.1). Therefore, the service user has the ability to create and issue CAP alerts that
Contract N 1000009880 22 325/08
adhere to the 1.1 standard. As a result of the service's compatibility, the County can easily
access this simple format for exchanging all -hazard alerts and warnings across multiple
networks, maximizing outreach to all constituents through a user friendly process. This
protocol also adheres to expected upcoming WARN Commission recommendations for best
practices in alerting systems. These alerts can be utilized by additional entities and agencies
for the purposes of disseminating CAP related information.
g. Reports:
• Built-in Reports: The Solution includes several detailed reports to assist users to monitor
and maximize usage of the system. Report data can be exported to MS Excel.
• Ad-hoc Reports: The solution offers ad-hoc report generation. Contractor's Client Care
Team wil I support and/or aid in the development and creation of additional reports as needed.
Technical architecture, functional components, implementation requirements and maintenance
requirement
Contractor's service is a fully -hosted, web -based Application Service Provider (ASP) solution. The
service does not require any specific hardware or software requirements from the County. No
components or specific configurations are required to use the service. So long as the County user has a
telephone and web -enabled device (e.g. computer) available, the user can send a message. The user can
also record and send a message using only a telephone when necessary. The service is fully independent
of the County's IT hardware and telecommunication system. Contractor utilizes an open architecture to
allow for rapid expansion as our clients' needs grow. The architecture exists on hardware ranging from
Dell web and application servers, to Cisco networking equipment, to EMC storage arrays.
3. Staffing: Contractor shall provide staffing as specified in Attachment C.
4. Implementation , ervices: Contractor shall perform and complete the services, tasks, and obligations in
accordance with Attachment D, "Implementation Plan/Project Schedule".
5. Training. Manuals and Documentation: The Contractor shall provide County with and maintain two
(2) copies of a comprehensive Public Mass Notification System Manual designed to document the
proposed solutions software functions, guide trained users on detail process steps and train future users.
Additionally, technical specifications, including a network diagram of the systems architecture, data
dictionary and data schema, shall be provided to allow proper maintenance of the System by County
network and database administrator staff. The County may copy all Manuals and Documentation provided
by Contractor for use and distribution to County public safety departments as needed. The contractor
shall provide all technical, administrative and user training required for county staff to use the software
solution.
6. Support Services:
Contractor shall provide support services in accordance with Attachment E to this Contract.
Testing and Acceptance: Contractor shall provide a testing and acceptance plan (Attachment F) to be
agreed to and completed by County prior to award of Contract. Said tasks shall include, but shall not be
limited to verifying: system installation and configuration, tiered administration, user creation and
management, County -wide data and map import, reconciliation and maintenance, citizen opt -in data
processes, custom and geographic call list generation, outbound telephone message launch, outbound e-
mail message launch, use of surveys, monitoring of outbound session activity and validation of reports.
8. Trainin
Contractor shall provide training in accordance with Attachment G.
Contract N1000009880 23 9/25108
ATTACHMENT B
COST/COMPENSATION FOR
CONTRACTOR SERVICES
1. COMPENSATION: This is a fixed price Contract between the County and the Contractor for a Public Mass
Notification System as further described in this Contract. The Contractor agrees to supply all goods and
services to provide and fully implement the Public Mass Notification System Solution. The Contractor agrees
to accept the specified compensation as set forth in this Contract as full remuneration for performing all
services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which
may arise or be encountered in the execution of the services until acceptance, for risks connected with the
services, and for performance by the Contractor of all its duties and obligations hereunder. The County shall
have no obligation to pay any sum in excess of total Contract amount specified herein unless authorized by
amendment.
2. PAYMENT: The total base Contract amount for the first three years shall not exceed: $1,688,037
a. Base Costs — Unlimited Emergency and Inter -Department Message Usage: County shall purchase
Unlimited Emergency Message Usage service from Contractor at a cost of $0.55 per household. The
Parties agree that for the purposes of this fixed-price Contract, the number of households (including
residence and estimated business addresses) shall be 1,023,053, based on available consensus household
count data. Base cost includes an unlimited number of County and City user access accounts.
Base Costs
Year One
Year Two
Year Three
Unlimited Emergency & Inter -Department
Messa a Usage
$0.5.5 x 1,023,053
$562,679
$562,679
$562,679
b. Optional Costs - Premium Data: County has elected not to purchase Premium Data from Contractor at
execution of this Contract. Should County elect to purchase such Premium Data from Contractor at a future
date, a written amendment executed by both Patties shall be issued, and pricing for such data, for the term
of this Contract, shall be as follows:
O tional Costs
Premium Data
$0.40 er household
c. Optional City (or other Orange County jurisdiction) Costs -Upgrade to include Unlimited Non -Emergency
Message Usage: For any jurisdiction within Orange County there shall be the option to upgrade, through
separate contract with Contractor, to include Unlimited Non -Emergency Message Usage at a cost not to
exceed:
Optional City Costs
Upgrade to include Unlimited Non -
Emergency Message Usage
$1.00 perjurisdiction household
3. PAYMENT TERMS:
a. Unlimited Emergency and Inter -Department Message Usage -- Invoices will be paid monthly in arrears
upon receipt of invoice.
Contmct N 1000009880 24 M5/08
b. Premium Data — If County elects to purchase Premium Data, invoices will be paid on a one-time basis in
advance.
c. City Upgrade to include Non -Emergency Message Usage: City Upgrade will be paid for under separate
contract(s) between Contractor and the City.
Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an
invoice in a format acceptable to the County of Orange and verified and approved by the agency/department
and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests
with the Contractor.
Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County
of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services
do not meet the Contract requirements.
Payments made by the County shall not preclude the right of the County from thereafter disputing any items
or services involved or billed under this Contract and shall not be construed as acceptance of any part of the
goods or services.
4. PAYMENT/INVOICING INSTRUCTIONS:
The Contractor will provide an invoice on Contractor's letterhead for services rendered. Each invoice will
have a number and will include the following information:
I. Contractor's name and address
2. Contractor's remittance address (if different from 1 above)
3. Name of County agency or department
4. County Contract number
5. Cost
6. Contractor's Federal 1. D. number
7. Total
The responsibility for providing an acceptable invoice to the County for payment rests with the Contactor.
Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor for correction. The
County Project Manager, or designee, is responsible for approval of invoices and subsequent submittal of
invoices to the Auditor -Controller for processing of payment.
Invoices and support documentation are to be forwarded to:
County of Orange — CEO/IT
Attn: Teara Le Blanc, Program Manager
10 Civic Center Plaza, 2"d Floor
Santa Ana, CA 92701
Contract NJ 000009880 25 312.9ft
ATTACHMENT C
STAFFING PLAN
Staff to perform Contract duties
Name
Classification/Designation
Bing Chen
Project Manager
Tom Melander
Pra'ect Specialist (Client Care
Deanna Ellis
Technical Manager
David Garcia
Integration Specialist
Mario Joy
Vice President, Client Care
Joshua Roth
Chief Technology Officer
Contractor shall obtain approval from County Project Manager in advance and in writing prior to making any
substitutions for individual project team members. Contractor may not request changes to the number of
types of classifications.
Roles and Responsibilities
Contractor Roles and Responsibilities shall include, but not be limited to, the following:
1. Contractor Project Manager: This individual leads the implementation, training, and roll-out process
from a management perspective. All daily activities, such as ensuring timely scheduling and training,
ultimately rest with the Contractor Project Manager. The rest of the project team supports this resource.
In addition, the Contractor Project Manager will report to the Program Manager and will work together to
ensure all issues, risk, and change is managed, monitored and controlled.
2. Project Client Care Specialists: An additional team of Client Care Specialists work under the
leadership of the Contractor Project Manager. Their role is to provide training, support, and client
services for all County needs, requests and support issues. The Team shall include dedicated Specialists
who will be dedicated to the County for the life of the Contract. Each Project Specialist will be assigned
as a liaison to a specific component of the Project, such as Divisional Training, City and Agency
Training, and is responsible for day-to-day management as well as performing regular new user — and
refresher training.
3. Technical Manager: This individual works under the Project Manager to ensure the smooth progression
of all technical deliverables, including but not limited to managing the testing process and managing any
customization that needs be delivered. This resource will also work with the Contractor Integration Team
to ensure the upload of data and automation of all notification services. This resource is the technical
project lead responsible for creating, and achieving sign -off on the test plan.
4. County's Project Team: The County's Project Team will include at least the County Project Manager.
This resource will meet weekly with the Contractor Project Manager to discuss steps towards
achievement of deliverables and additional items.
Contract N 1000009880 26 3/25/08
ATTACHMENT D
IMPLEMENTATION PLAN/PROJECT SCHEDULE
Contractor will have its Connect-CTY service configured and ready for County testing within thirty (30) days of
award of contract. Contractor and County Project Managers will mutually work together to refine the attached
exemplar Gantt chart to accommodate the County's Mass Notification System deliverable and implementation Go
Live timeframe.
1. Deliverable 1: Project Control Document
Within two weeks of contract signature, Contractor will provide the County with a detailed project control
document (PCD). Project Control Document will include the following:
a. Project organization roles and responsibilities
b. Assumptions
o. Detailed Work Plan
d. Deliverable List
e. Milestone Chart
f. Project Gannt Chart
g. Communication Plan
h. Risk Management
i. Change Management Process
j. Testing Strategies
it. Training Strategies
1. Escalation Procedures
The following deliverables will be provided within the timeframes of the agreed upon (revised) implementation
Gantt schedule:
2. Deliverable 2: Project Management
Contractor's Project Manager shall address documentation needs, including weekly Project Status Reports
and any variances. If variances are recommended and approved, the Project Manager shall be responsible for
regular updates to the Detailed Work Plan, Milestone Chart and Risk Management sections of the PCD within
the required timeline. Contractor's Project Manager shall meet with the County's Project Manager at least
weekly or as requested by the County. Contractor shall prepare the first status report within 14 calendar days
of Contract execution, which will include the following data as per the County's request:
a. Period covered by the Report;
b. Tasks scheduled for completion which were completed;
c. Tasks scheduled for completion which were not completed;
d. Tasks not scheduled for completion which were completed;
e. Tasks scheduled for completion next reporting period;
f. issues resolved;
g. Issues to be resolved with recommended solution; and,
It. Summary of project status as of reporting date.
Additional reporting may be included as agreed upon by the County and Contractor Project Managers in
consultation.
3. Deliverable 3: Business Process Overview
Upon the completion of the discovery phase of the project with the County, Contractor will provide the
required summary report of the existing mass notification systems, needs assessment, and recommendations
for best practices.
Contact NI 000009880 27 3125108
Contractor will provide a Best Practices for Use Guide as part of the Implementation. Clients' typical needs
in this phase are: identification of User Rights and Roles for system use and establishment of best practices
policies and procedures.
4. Deliverable 4: Data loading and maintenance
Contractor will work with the County to load E911 data and additional data files as needed. Contractor will
assign an Integration Specialist to work with the County's team. The upload and update process will be
performed in a secure environment. Contractor will provide a system that allows the County to send data over
encrypted lines using SSL to ensure data is fully protected.
Deliverable 4.1— Successfully Loaded Data
Contractor will provide the requisite Data Load Report and Certification to the County.
5. Deliverable 5: System Test Plan and Results Report
Contractor will provide the County with a System Test Plan which includes a Module Test, and Integration
Test, and Stress Test, and a Regression Test in accordance with Attachment F, Testing.
Deliverable 5.1— Perform System Test
Contractor will perform the requisite system tests as required by the County in Contractor's existent testing
environment or other appropriate environment as governed by the System Test Plan for component and
functionality testing for County sign -off.
Deliverable 5.2 — System Test Results Report
Contractor will provide the County with reporting of documented results of each System Test conducted and
certify successful testing results as required.
6. Deliverable 6: User Acceptance Test and Test Results Report
Contractor will provide User Acceptance Test as required in a simulated environment as required, per
Attachment F, Acceptance.
Deliverable 6.1— User Acceptance Test Results Report
Contractor will provide the required User Acceptance Test Results Report within one week of tests as
required per Attachment F, Acceptance.
7. Deliverable 7: System Training and Documentation
Contractor will provide a detailed training plan, perform user training as desired by the County and provide
system documentation training material per Attachment G, Training.
S. Deliverable 8: System Implementation
Contractor will roll-out Public Mass Notification Services to the County. A post -implementation review
report will be developed and provided to the County.
9. Deliverable 9: Performance Benchmark Verification
Deliverable 9.1—Performance Benchmark Verification Plan
Contractor will provide the requested Performance Verification Plan with test plan and scenarios for the
County's approval. The Performance Verification Plan shall dovetail with the sample Gantt chart, as
customized vis-a-vis the County requirements.
Deliverable 9.2 — Performance Benchmark Verification
Contractor shall conduct the Performance Benchmark Verification of the System mutually agreed upon with
the County, and complete corrective action as needed, and certify as such in writing at the time of completion.
10. Deliverable 10: Initiate Post -Implementation Maintenance and Support
Contmet NJ 000009880 28 3/25/08
Contractor will implement, and continue to provide through the life of the contract, maintenance and support
services per Attachment E of this Contract.
11. Deliverable 11: Post -Implementation Services
Contractor shall provide ongoing "post -implementation" services throughout the lifetime of the Contract.
Such services include, but are not limited to, the following:
• Ongoing Training: Unlimited training, new user training and refresher training are included at no
additional cost within the lifetime of the Contract.
• 24/7/365 Technical and Client Support: Provided through a toll free number and via e-mail. All users
have unlimited access to this level of support through the life of the Contract.
• Usage Reports: Contractor provides usage reports quarterly. Each user's account also contains real-time
access to reports.
Assessment and Evaluation -Contractor will work with the County to develop benchmarks and assist in
evaluating progress toward those benchmarks.
Deliverable 11.1 - Provide Additional Training
Contractor provides this service at no additional cost to the County. Contractor shall include a systemized
method for ongoing training within the Training Plan to be delivered to the County.
Deliverable 11.2 - County Approved Consulting Services
Contractor provides a Project Manager at the County's disposal to address these needs.
Deliverable 11.3 - Additional Svstem Documentation
Contractor provides a Project Manager at the County's disposal to address these needs.
Contract N 1000009880 29 7/21=
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ATTACHMENT E
SUPPORT SERVICES
Support Services Availability: Contractor's Client Care Team will be available to assist County 24/7/365.
Contractor shall provide 24/7/365 human Client Care technical and customer support for County to address
service and/or maintenance issues through a 24 hour toll-free support line at (866) 435-7684. The "hot line"
number connects users to our Client Care Specialists directly. Telephone response time, in the unlikely event
that it is not immediate, is within fifteen (15) minutes or less. Client Care support is also available through e-
mail access.
2. Contractor Staffing: Contractor shall not outsource Client Care to call centers or other third party agencies,
All Client Care is performed directly by full-time employees of Contractor who have cleared through
background checks and are trained in the secure handling of data and County/municipality-specific needs. All
Client Care Specialists are cross -trained in customer and technology support. Should they encounter an issue
that needs escalation for resolution, the Specialist will immediately involve the appropriate member of the
Contractor technology team, Additionally, County will be assigned two (2) account personnel that are
specific to the account for proactive and ongoing care. County shall be provided unlimited, included support
for all purposes (e.g. lost password, support placing a call) and for all County users. Contractor has Client
Care Specialists located throughout the country to maximize Client Care up -time should a regional disruption
occur.
3. Client Care Services:
a. Contractor shall empower technical directors to load and integrate data from their database systems to our
contact management system.
b. Contractor shall provide "Quick Reference Guides" for users, replete with message script templates as
well as "tips and tools" on how to create quality outbound messages to the community.
c. Contractor shall assign County a Client Care Specialist who will help drive usage of the system. Based
on experience in serving other clients of Contractor's service, Specialists offer coaching on message
length, frequency of use, content, and tone to ensure receptiveness and satisfaction from recipients. The
Specialist leads the County through an assessment and evaluation process to ensure the benefits from
using the Contractor's service are tracked and documented.
4. Escalation: County shall address all questions and complaints first through Contractor's Help Desk, or, at
County's discretion, immediately escalate issues to the Account Manager and/or Director. If the Client Care
Specialist supporting the County user is unable to resolve the issue immediately for the user, the Specialist
will open a trouble ticket and immediately escalate the issue to the next tier of Client Care management. The
tiers of escalation are typically as follows:
Level One — Help Desk
Level Two — Account Manager
Level Three — Account Director
Level Four — Senior Account Director
Level Five —Vice President of Client Care
5. Release cycle and process for installing system updates, patches, fixes, etc.: Contractor rolls out all minor
updates and revisions onto the website as seamless upgrades, typically on a quarterly basis. Changes are
made to the Help Menu simultaneously.
contact N1000009880 37 .3n5198
ATTACHMENT F
ACCEPTANCE AND TESTING PROCEDURES
1. Testing
As part of Contractor's service project deliverables for rollout, Contractor shall provide the County with a
System Test Plan which includes a Module Test, and Integration Test, and Stress Test, and a Regression Test.
Contractor's System Test Plan shall include but not be limited to the following:
a. Introduction;
b. Assumptions;
c. System Test Plan;
d. System Test Objectives;
e. System Test Acceptance Criteria;
f. System Test Schedule;
g. Responsibilities;
h. Resource Requirements;
L Procedures;
j. Test Cases;
k. Performance Tests;
I. Disaster Recovery Tests.
Many of the Tests listed above are part of Contractor's regular testing process. Contractor's service is tested
through daily use. Additionally, Contractor will expand the listing above into a comprehensive System Test
Plan for the County's approval.
Contractor shall perform the requisite system tests as required by the County in Contractor's existent testing
environment or other appropriate environment as governed by the System Test Plan for component and
functionality testing for County sign -off.
Contractor shall provide the County with reporting of documented results of each System Test conducted and
certify successful testing results as required.
2. Acceptance
Contractor will provide the required User Acceptance Test Results Report within one week of tests as
required. Contractor shall include all County required elements in the plan, such as purpose, scripts,
objectives, roles, and problem resolution. A high level Test & Acceptance Results Report format that
Contractor has found successful previously is listed below. This format will be customized to meet the
specific needs of the County.
Test and Acceptance Results Report
a. Scope & Plan Overview
b. Testing Approach
c. Test Schedule (Test IN, name, description, time and date of execution)
d. Description of SetUp Procedures
e. Description of Action Procedure
f. Description of System Results
g. Description of Expected Results
h. Description of Actual Results
i. Variance Reporting
j. Resource Requirements for Resolution
k. Corrective Action
1. Summary of Results (with Signature/sign-off line)
m. Conclusion
Contract N1000009880 38 3125/08
This Test and Acceptance Results Report shall demonstrate services perform as required and that all features
and functions operate as specified.
3. New Feature and Enhancement Testing
Contractor shall put all new features and enhancements through rigorous testing including Alpha and
Beta phase as appropriate prior to rolling out the feature to the client -facing interface. Contractor uses a
combination of automated and manual testing to perform ongoing quality assurance testing of the service.
For automated testing, Quality Assurance (QA) personnel shall utilize Mercury's QuickTest Pro. Manual
testing will be performed on a case-by-case basis for testing where automation will not suffice. AI I issues
are tracked in an internal bug tracking system and subsequently monitored by not only the individual QA
personnel, but also all the Directors involved in the development and release of a feature. QA personnel
are involved from the beginning of the software development lifecycle and see each feature through from
development to final launch and validation. Contractor shall employ QA personnel who has undergone
and cleared thorough background checks and possess quality assurance backgrounds and expertise.
All major upgrades and updates shall include new user documentation and training as requested.
Unlimited new and refresher training is available to all users at any time throughout the lifetime of the
contract, should it be desired.
If a problem is identified during testing of the proposed system that cannot be remedied within the agreed
upon time, the Contractor shall submit a written respouse to the County indicating as such and the County
shall then return the system to the Contractor and the Contract shall be terminated in accordance with
Paragraph F, Acceptance, of this Contract.
Contract N 1000009880 39 ;y,BM
ATTACHMENT G
TRAINING
Contractor shall provide unlimited training, new user training, and refresher training to.all County users as an
included cost of service throughout the lifetime of the Contract. Contractor recommends a web -enabled
computer and telephone to accomplish the training. Training can begin within two (2) to four (4) weeks of
Contract execution. Contractor will train as many users as the County deems fit, at all levels of staff and
management that will be using the service. Initial training for Technical Training (System Administrators) and
End Users typically is performed in a ninety (90) minute training session. Sessions can seat up -to 25 participants
per session. For on-site training, the County provides a central site for training. The number of users can be
adjusted at the County's request. Contractor shall provide a Train -the -Trainer model at County's request.
Contractor shall provide refresher training on-site or via web -access training, at the County's preference.
Typically, refresher and new user training is requested by the County annually, and the County may request it at
any time, as many times as preferred. Additionally, online help menus and refresher Flash videos are available on
the service as well.
Contractor shall provide the following documentation to County:
1. End Users - User Guides, Send -A -Message Cheat Sheet, and Dial -In messaging card.
2. System Administrators/Technical —All items above, plus the following items: User Management Guide,
County Best Practices Guidelines, Introduction Letters, and other Forms, Data Reference Guide and
Upload Reference Guide.
3. Train the Trainer Users - All items above minus the Data Reference Guide, plus the following items:
Trainer Script for Presentation, Trainer's handbook, Trainer's Guide to Best Practices.
Contact N 1000009880 40 9/25=
EXHIBIT I
County of Orange Child Support Enforcement
Certification Requirements
In order to comply with child support enforcement requirements of the County of Orange, within 10 days of
award of Contract, the successful Contractor must furnish to the agency/department deputy purchasing agent:
A. In the case of an individual Contractor, his/her name, date of birth, Social Security number, and residence
address;
B. In the case of a Contractor doing business in a form other than as an individual, the name, date of birth,
Social Security number, and residence address of each individual who owns an interest of 10 percent or
more in the contracting entity;
C. A certification that the Contractor has fully complied with all applicable federal and state reporting
requirements regarding its employees; and
D. A certification that the Contractor has fully complied with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignment and will continue to so comply,
The certifications will be stated as follows:
"I certify that is in full compliance with all applicable federal and state reporting
requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and
Notices of Assignments and will continue to be in compliance throughout the term of Contract
with the County of Orange. I understand that failure to comply shall constitute a material breach of the contract
and that failure to cure such breach within 10 calendar days of notice from the County shall constitute grounds
for termination of the contract.
It is expressly understood that this data will be transmitted to governmental agencies charged with the
establishment and enforcement of child support orders and for no other purposes and will be held
confidential by those agencies.
Failure of the Contractor to timely submit the data and/or certifications required above or to comply with
all federal and state reporting requirements for child support enforcement or to comply with all lawfully
served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material
breach of the Contract. Failure to cure such breach within 10 calendar days of notice from the County shall
constitute grounds for termination of the Contract.
Atter notification of award, the successful Contractor may use the forms supplied herein, to furnish required
information listed above.
Contract N 1000009880 41 Jt25M
COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT
CERTIFICATION RE, QUIREMENTS
A. In the case of an individual Contractor, his/her name, date of birth, Social Security number, and
residence address:
Name:
D.O.B:
Social Security N
Residence Addre:
8, In the case of a Contractor doing business in a form other than as an individual, the name, date of
birth, Social Security number, and residence address of each individual who owns an interest of
10 percent or more in the contracting entity:
Name:
D.O.B:
Social Security
Residence Addi
Name:
D.O.B:
Social Security
Residence Add
Name:
D.O.B:
Social Security
Residence Add
(Additional sheets may be used if necessary)
Contract N 1000009880 42 X5108
C. A certification that the Contractor has fully complied with all applicable federal and state
reporting requirements regarding its employees; and
D. A certification that the Contractor has fully complied with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignment and will continue to so comply.
"I certify that
is in full compliance with all applicable federal and state
reporting requirements regarding its employees and with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignments and will continue to be in compliance throughout
the term of Contract with the County of Orange. I understand that failure to
comply shall constitute a material breach of the Contract and that failure to cure such breach
within 10 calendar days of notice from the County shall constitute grounds for termination of the
Contract.
Authorized Signature Name Title
Contract N 1000009880 43 3t25M
AMENDMENT #1
To
Agreement #N1000009880
For
Public Mass Notification System
This Amendment #1 to Agreement #NI000009880 for Public Mass Notification System (hereinafter "Amendment
One") is made and entered into by the County of Orange, a political subdivision of the State of California, (hereinafter
referred to as "County") and Blackboard Connect, Inc., (formerly NTT Group) having its principal place of business at
15301 Ventura Blvd, #300, Bldg B, Sherman Oaks, CA 91403-6602 (hereinafter refereed to as "Contractor"), which may
be referred individually as "Party" or collectively as "Parties."
WHEREAS, County and Contractor executed Agreement N1000009880 for Public Mass Notification System
hereinafter "Contract; and
WHEREAS, the Parties desires to issue Amendment One to renew the Contract through and including May 5, 2012
and increase the Base Contract amount in the amount of $400,000.00;
NOW THEREFORE, the Parties agree as follows:
1. The term of the Contract is extended through and including May 5, 2012 unless otherwise terminated by County.
2. The total base Contract amount in Attachment B.2.a. is increased by $400,000.00 for a new amount of
$2,088,037.00. Attachment B Cost/Compensation is amended to reflect the Year Four Base Cost and the new not
to exceed amount. A true and correct copy of Attachment B is attached.
3. Unless expressly amended herein, all other provisions of the Agreement, as amended, remain unchanged and in
full force and effect.
Blackboard Connect, Inc.
Page I of
IN WrfMSS WBEREOF, the Parties hereto have executed this Amendment on the dates shown opposite their
respective signatures below.
r..t,.-a1 _w_y
DATE: A4 L4L Z2®/(
DATE:_
SIONATURE:-0144,
PRINTNAME; eSc
SIGNATURE:
PRINTNAME: J.t"#+u«H R.WoLIX
TITLE:_-..._. :,_..
* If the contracting party Is a corporation, (2) two signatures are required as farther set forth in this paragraph.
The first signature shall be: (a) the Chairman of the Board; b) the President; or c) any VIce President. The second
signature shall be a) the Secretary; or 2) any Assistant Secretary; or 3) the Chief Financial Officer; or d) any Assistant
Treasurer.
.ft.*..... u..Y..l. 0.0000.. u..ull................... Y u........aloe .......................
COUNTY OF ORANGE
A political subdivision of the State of California
DATE:
BY;
APPROVED AS TO FORM
At�tmtiBHral
Blwkbonid Conned, Inc
Page 2 of 4
ATTACHMENT B
COST/COMPENSATION FOR
CONTRACTOR SERVICES
1. COMPENSATION: This Is a fixed price Contract between the County and the Contractor for a Public Mass
Notification System as further described in this Contract. 'rhe Contractor agrees to supply all goods and services to
provide and fully implement the Public Mass Notification System Solution, The Contractor agrees to accept die specific
compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing and
material required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the
services until acceptance, for risks connected with the services, and or performance by the Contractor of all its duties and
obligations hereunder. The County shall have no obligation to pay any sum in excess of total Contract amount specified
herein unless authorized by amendment.
2. PAYMENT: The total base Contract amount for the first four years shall not exceed: $2,088,037.00.
a. Base Costs -- Unlimited Emergency and Inter -Department Message Usage: County shall purchase Unlimited
Emergency Message Usage service from Contractor. The Parties agree that for the purposes of this fixed-price Contract,
the number of households (including residence and estimated business addresses) shall be based on available consensus
household count data. Base cost includes an unlimited number of County and City user access accounts.
Base Caste
Year Ona
Year Two
Thea YearFour
Emorgency &
__Unlimited
Inter-
$562,679
$562,679
!e—w
,679 $400,000
iPe_-partment Message Usage
b. Optional Costs - Premium Data: County has elected not to purchase Premium Data from Contractor at execution of
this Contract. Should County elect to purchase such Premium Data from Contractor at a future date, a written
amendment executed by both Parties shall be issued, and pricing for such data, for the term of this Contract, shall be as
follows;
Optional um Costs
Premmium Dsta
$0.40aper household
c. Optional City (or other Orange County jurisdiction) Costs - Upgrade to include Unlimited Non -Emergency Message
Usage: For any jurisdiction within Orange County there shall be the option to upgrade, through separate contract with
Contractor, to include Unlimited Non -Emergency Message Usage at a cost not to exceed:
Optional City Costs
Upgrade to include Unlimited Non-
Emergengy Non-
EmergencyMessage Usage
$1.00 per jurisdiction household
3. PAYMENT TERMS:
a. Unlimited Emergency and lntarvDopartment Message Usage - Invoices will be paid monthly in arrears upon receipt or
invoice,
b. Premium Data -If County elects to purchase Premium Data, invoices will bepaid on a one-time basis in advance.
AMENDMENTO
Slackboud Connect, Inc
Page 3 of 4
e. City Upgrade to include Non -Emergency Message Usage: City Upgrade will be paid for under separate contracts)
between Contractor and the City.
Contractor shalt reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a
format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine
processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor.
Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange
for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the
Contract requirements.
Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services
involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
4. PA,1'DfE1 ANVOICINC INSTRUCTION&
The Contractor will provide an invoice on Contractor's letterhead for services rendered. Each invoice will have a number
and will include the following:
I . Contractor's name and address
2. Contractor's remittance address (if different from I above)
3, Name of County agency or department
4. County Contract Number
5, Cost
6. Contractor's Federal I.A. Number
7. Total
The responsibility for providing an acceptable invoice to the County for payment purposes rests with the Contractor,
Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor for correction. The County
Project Manager, or designee, is responsible for approval of invoices and subsequent submittal of invoices to the Auditor -
Controller for processing of payment.
Invoices and support documentation are to be forwarded to:
Aneanonatnrr R I
Blackboard Connect, Inc
County of Orange — CEO/IT
Alto: Teara LeBlanc, Program Manager
10 Civic Center Plaza, Zea Floor
Santa Ana, CA 92701
Page 4 of4
Executive
Countywide Public Mass Notification System
Policy and Guideline
Jig tive pate
October 1, 2010
bqtj� e
September 30, 2010
A rbved B '.
AIertOC Advisory Committee
<�
INC
2.0
,
I. PURPOSE
The purpose of this document is to provide governance and guidelines on the use and
administration of the County of Orange, Countywide Public Mass Notification System,
identified throughout the County as "AlertOC". This document is intended to be general,
describing countywide policies, jurisdictional roles and responsibilities and activation
guidelines rather than specific step-by-step procedures. The step -by step procedures for
activation and use will be maintained in a separate document developed and maintained by
each participating agency as a part of the agency's overall emergency planning and
response efforts.
This document is intended to support use of AlertOC under the terms and conditions set
forth in the Countywide Mass Notification System Memorandum of Understanding (MOU)
between the County of Orange and participants. Shall a discrepancy arise, the MOU takes
precedence.
II. SYSTEM DESCRIPTION
The primary intent of the Countywide Public Mass Notification System is to disseminate
early warning and time sensitive information to county businesses and residents during time
of an emergency event. The Countywide Public Mass Notification System is only one
component of the County of Orange Public Warning System. As deemed fit by local
authorities, the System should be used in conjunction with the other public warning
mechanisms including, but not limited to, route alerting, the Emergency Alert System, sirens,
and press releases.
The Mass Notification System is available 24/7 and is pre -loaded with Orange County
landline phone numbers (including unlisted). Constituents have the option to provide
additional contact information via a self -registration website portal (www.alertoc.com). Upon
local authority decision to activate, the System will be used to send a message, describing
the situation and recommended action the public should take, to affected businesses and
households via telephone, e-mail and/or text.
The County of Orange, County Executive Office (CEO), is the sponsor of the Countywide
Public Mass Notification System initiative and will take appropriate measures to ensure that
the System is in a state of operational readiness at all times. It is the responsibility of all
participating Agencies to maximize citizen benefits from the System.
While the County's intent for implementing and maintaining the System is for "emergency'
use, upon consent from local authorities, cities may optionally use the System to
Page 1 of 12
Executive
Countywide Public Mass Notification System
Policy and Guideline
disseminate "government -related" non -emergency notifications to citizens and organization
resources within its jurisdiction. For policy guidelines relating to non -emergency use, see
Section IV Authorized Use and Section VII Costs.
A. OVERVIEW OF GENERAL SYSTEM FEATURES
At minimum, the CEO will maintain a Countywide Public Mass Notification System
capable of meeting the following requirements.
1. Licensed for use throughout the County's entire region
2. Capacity to send a 45 second message to 10,000 residents and businesses
within 10 minutes
3. Capacity to send messages via phone, e-mail and text
4. Accessible via the public Internet
5. Provides audit trail logging and reporting
6. GIS map interface for geographic call list generation
7. Citizen self -registration web portal (available in English, Spanish and
Vietnamese)
8. Interactive phone survey technology and reporting
9. IVR based notification setup and execution
10. Capable of identifying constituents preferred language and sending
message in English, Spanish and Vietnamese
III. GOVERNANCE
The County of Orange, County Executive Office, or designee, in conjunction with the
Orange County Sheriff's Department Emergency Management Bureau is responsible for
managing the AlertOC Program as a countywide asset under the direction of the County
Board of Supervisors and established agreements with participating agencies, vendors and
data provider sources.
An AlertOC Advisory Committee serves as the program's advisory body responsible for
countywide program collaboration intended to optimize AlertOC's value to the public.
Advisory committee membership is open to all participating agencies interested in sharing
program related information, exchanging ideas, proposing solutions and making
recommendations and decisions geared towards accomplishing overall program objectives.
The Advisory Committee will report and work with all participating agencies of the
Countywide Public Mass Notification System.
The System is regularly loaded with County of Orange listed and unlisted landline phone
numbers provided from authorized 9-1-1 database sources (E911). The use of E911 data is
regulated by the California Public Utilities Code (CPUC) sections 2872 and 2891.1. The
information contained in the 9-1-1 database is confidential and proprietary and shall not be
disclosed or utilized except by authorized personnel for the purpose of emergency
notifications. Any agency in violation of this regulation is subject to criminal charges as
described in the CPUC.
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Executive
Countywide Public Mass Notification System
Policy and Guideline
AlertOC Program participation is available to all Agencies that have a dedicated public
safety answering point (PSAP) and/or a resident population they are responsible to make
protective action recommendations for. Upon opting into the program, agencies agree to
abide by the terms of all program agreements including policies, Memorandum of
Understandings, AlertOC Regional Standard Operating Procedures and other supporting
documentation. This includes but is not limited to respecting the integrity of the program
and understanding E911 data privacy issues. Shall a breach exist, the County of Orange
reserves the right to disable an individual's user account or an entire Agency's access.
IV. AUTHORIZED USE
Agencies authorized to participate in the system is limited to the County of Orange, the
County Operational Area, Orange County incorporated cities, the Municipal Water District of
Orange County and Orange County Retail Water Agencies. Each participating Agency must
sign a MOU and will maintain, at minimum, a Local Agency Administrator responsible for
implementing and administering use of the System at the local level.
A. Participating Agencies
Cities: Participation is open to all Orange County cities. Cities wishing to participate may
do so by having an authoritative representative sign the "Countywide Public Mass
Notification System" MOU specific to city use. Upon signing the agreement, the Agency
will be granted access to the System at the city jurisdiction level and will be provided a
local administrator account, a vendor provided user manual and initial training.
Throughout the term of the agreement, cities may use the System to send an unlimited
number of emergency notifications to the public as well as an unlimited number of
emergency and non -emergency inter -department messages. Each participating city shall
develop and maintain written procedures to identify and address specific local use of the
System within the scope of this policy guide.
Retail Water Agencies: Participation under this category includes the Municipal Water
District of Orange County and Orange County Retail Water Agencies. Water agencies
operated under a city are covered under "cities" above. Retail Water Agencies wishing to
participate may do so by having an authoritative representative sign the "Countywide
Public Mass Notification System" MOU specific to retail water agency use. Upon signing
the agreement, the Agency will be granted access to the System at the regional level but
are only permitted to send notices to the Agency's water consumers. Water Agencies will
be provided up to three user accounts, a user manual and initial training. Throughout the
term of the agreement, the Agency may use the System to send "crisis water notifications"
to their water consumers impacted by a water event. Each participating water agency shall
develop and maintain written procedures to identify and address the Agency's specific use
of the System within the scope of this policy guide and instructions from The Municipal
Water District of Orange County (MWDOC)M/ater Emergency Response Organization of
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Executive
Countywide Public Mass Notification System
Policy and Guideline
Orange County (WEROC). The WEROC Program Manager is the designated point of
contact for local retail water agencies.
County: The Orange County Sheriff's Department (OCSD) is responsible for utilizing the
System for emergency public notifications to the unincorporated areas of Orange County.
Additionally, the Operational Area is the designated point of contact for regional and multi -
jurisdictional activation. All other County Agencies may use the system for
interdepartmental use only, unless pre -authorized by the County Executive Office. There is
no MOU agreement for County Agencies. Each participating County Agency shall develop
and maintain written procedures to identify and address the Agency's specific use of the
System within the scope of this policy guide.
B. Emergency Use
Use of the Mass Notification System under emergency use is warranted when there is a
need to quickly disseminate critical, safety-related information to individuals regarding an
upcoming or in -progress emergency event. This includes using the System to send an
event related, "all clear" notification, as well as, post -event follow-up notices to impacted
communities.
As a general rule, the System is to be used when the public is being asked to take some
action such as: evacuate, prepare to evacuate, shelter in place, boil tap water before
drinking, re-entry after evacuation lift orders, post -event local assistance center locations.
Emergency Public Notifications are limited to:
1. Imminent or perceived threat to life or property
2. Disaster notifications
3. Evacuation notices
4. Public health emergencies
5. Public safety emergencies
6. Any notification to provide emergency information to a defined community
including follow up instructions from the original event,
7. Ending/termination of event statements.
The following criteria should be utilized to assist with determining the need to issue an
alert:
1. Severity. Is there a significant threat to public life and safety?
2. Public Protection. Is there a need for members of the public to take a protective
action in order to reduce loss of life or substantial loss of property?
3. Warning. Will providing warning information assist members of the public in
making the decision to take proper and prudent action?
4. Timing. Does the situation require immediate public knowledge in order to avoid
adverse impact?
Page 4 of 12
Executive
Countywide Public Mass Notification System
Policy and Guideline
5. Geographical area. Is the situation limited to a defined geographical area? Is
that area of a size that will allow for an effective use of the system, given the
outgoing call capacity?
6, Are other means of disseminating the information inadequate to ensure proper
and time delivery of the information?
7. Is the message being sent follow up information to an emergency event in
progress?
If the answer to these questions is "Yes", then an activation of the Mass Notification
System for emergency purposes may be warranted.
Emergency Message considerations:
1. AlertOC shall be identified in the beginning of the message.
2. Identification of the agency/local official launching the message.
3. Notification shall clearly state situation is urgent.
4. Message length shall not exceed 60 seconds.
5. It is highly recommended all messages are recorded using a real voice and not
the computer transcriber.
6. It is highly recommended to provide a phone number or website where the public
can obtain additional or updated information.
7. A termination/all clear notification should be sent when applicable.
C. Inter -Department Communication
City and County Agencies may use the Mass Notification System for non -emergency inter-
departmental business communication as needed, without cost. It is recommended that
individual agencies identify where this would add value to their operations and establish
separate written protocols and procedures for this use.
All participating agencies may use the system to notify first responder and volunteer
groups as required during any emergency event.
Emergency Responder Notifications are limited to:
1. Contacting first responders to advise of an emergency
2. Contacting first responders to report for duty due to an emergency
3. Contacting key staff regarding an emergency or crisis situation
4. Contacting agency employees or disaster service workers to report at a different
time or location (or provide an update) due to an emergency
5. Exercises
D. Non -Emergency Public Use
No agency shall use the Mass Notification System for non -emergency public
announcements unless a separate contract with the vendor is established. Non-
emergency use shall be consistent and in compliance with the non -emergency guidelines
Page 5 of 12
County Executive
Countywide Public Mass Notification System
Policy and Guideline
included within. Any agency in violation of this term may have their use of the system
suspended. Additionally, E911 data is strictly prohibited for non -emergency use according
to California law (California Public Utilities Code (CPUC) sections 2872 and 2891.1).
Violators may be subject to criminal enforcement.
Use of the System for non -emergency notifications is limited to voluntary self -registered
contacts and Vendor purchased listed phone numbers. In an effort to keep the public from
becoming desensitized from too many messages, it is recommended that non -emergency
public use be targeted to information that the majority of the public would find valuable.
Agencies who contract to use the countywide System for non -emergency activity agree to
give precedence to emergency notification call -outs by delaying or terminating non-
emergency notification sessions if needed to increase emergency message success. The
primary concern for point of failure in this situation is not the Mass Notification System, but
the telephone port capacity of local phone providers responsible for delivering calls to
residents. Cost associated with non -emergency public notifications is the responsibility of
the local Agency, See section VII. Costs.
Non -emergency public notification use is prohibited for any of the following purposes
Any message of commercial nature
Any message of a political nature
Any non -official business (e.g. articles, retirement announcements, etc.)
To send a message to an E911 obtained data source; see Section III,
Governance, for additional information relating to E911 data use restrictions
V. AUTHORIZED SYSTEM USERS
A. Public Notifications
In general, those authorized to make notifications will be officials in emergency
management, local law, fire and city management that are responsible for identification
and execution of public safety notifications. Each participating agency will determine
who has this authority. It is recommended that cities who contract for police services
work with their contracted providers to establish a notification launch process that will
facilitate timely communication to the public during emergency events. This may
include granting the service provider access to disseminate messages directly.
County Administrator: The County Executive Office, or designee, will act as the
Countywide Public Mass Notification System County Administrator, County
Administrator responsibilities are covered in Section VIII System Administration/
Operations.
County User: The Orange County Sheriff's Department and Operational Area will be
setup as "County" users. County Users will have permission to access and launch
Page 6 of 12
Executive
Countywide Public Mass Notification System
Policy and Guideline
emergency notifications to all jurisdictions within Orange County consistent with County
Operational Area public safety response guidelines. A minimum of one designated
Operational Area user will be required to be setup as a Local Agency Administrator.
Local Agency Administrator responsibilities are covered in Section VIII System
Administration/Operations.
Local Agency Administrator (City): A minimum of one designated Local Agency
Administrator will be required for each Agency participating in the countywide System.
Local Agency Administrator responsibilities are covered in Section IX System
Administration/Operations.
Local Agency User (City): Participating agencies may have an unlimited number of
local agency users. Local agency users will have access to resident contact records
within their jurisdiction as well as neighboring jurisdictions with an established MOU
agreement. Local agency users will be authorized and managed by the Local Agency
Administrator and may have varied system permissions.
Retail Water Agency User: Retail water agency users will be granted access at the
regional level, but are only authorized to send "crisis water notifications" to agency
water consumers. Participating retail water agencies are authorized to have up to three
active user accounts. Retail water agency users will be authorized and managed by the
Retail Water Agency Local Administrator and may have varied system permissions.
Retail Water Agency Local Administrator: The WEROC Program Manager is the
designated point of contact for retail water agency administration, including account
provisioning. Retail Water Agency Local Administrator responsibilities is limited to
items # 2, 3, 4, 7 and 8 of the Local Agency Administrator responsibilities covered in
Section VIII System Administration/Operations.
B. Inter -Department Notifications
It is recommended that users be granted access at the lowest level of the data
hierarchy, and that two user accounts be assigned (one for public use and one for inter-
department use) to individuals that require access to both environments. This will
minimize the risk of a user mistakenly sending an internal message to public recipients.
Inter -Department User: Inter -departmental users will have permission to inter-
departmental contact information only and are authorized to use the system solely for
inter -departmental communication including first responder and volunteer call -outs.
Additional use for special contact groups requires prior authorization from the County
Executive Office.
Page 7 of 12
Executive
Countywide Public Mass Notification System
Policy and Guideline
VI. ACTIVATION OF THE SYSTEM
In general, participating agencies are responsible for launching messages to impacted citizens
and businesses within their jurisdiction. Determination of authority to request activation of the
Mass Notification System rest with local city or water officials, not with the County of Orange
or the Orange County Sheriff's Department Emergency Management Bureau. Detailed
activation procedures shall be included in Local Agency and Regional Standard Operating
Procedure documents.
A. Public Notifications
Local: Participating agencies are authorized and responsible for launching notifications
to communities within their own jurisdiction, as well as, to small unincorporated
neighborhoods embedded within City limits. Small embedded unincorporated
neighborhoods include all neighborhoods except those located in the large
unincorporated areas listed below.
The County is responsible for sending notifications to large unincorporated communities
such as Rossmoor, Midway City, Cowan Heights, Lemon Heights, Emerald Bay, Wagon
Wheel, Ladera Ranch, EI Modena, Coto de Caza and all canyon areas.
In the event a participating Agency is unable to send out a local emergency message,
the Orange County Control One Coordinated Communications Center is available to act
on the local Agency's behalf upon receiving a formal request per the AlertOC Regional
Standard Operating Procedure. All rules and guidelines are applicable.
Regional: The County of Orange is authorized to use the System to send notifications of
regional emergencies to any and all residents within the Operational Area (example:
Countywide quarantine order for a health emergency). The Orange County Sheriff's
Department Emergency Management Bureau will advise the appropriate local
Agency(ies) that mass notifications will be sent by the County to residents of their cities.
When an event meets AlertOC pre -authorized conditions and thresholds for automatic
launch by the Operational Area, the County is authorized to launch a local notification to
impacted communities. Communication to local agency officials that the OA is
launching, or has launched a notification, shall be made as promptly as possible.
Multi -jurisdictional: Notifications related to events that impact multiple jurisdictions will
be handled in one or more ways depending on the circumstances of the event:
a. The County Operational Area is directed to launch a notification to communities
across jurisdictions by unified command.
b. A multi -jurisdictional event meets AlertOC pre -authorized conditions and thresholds
for automatic launch by the Operational Area. The County is authorized to launch a
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Executive
Countywide Public Mass Notification System
Policy and Guideline
multi -jurisdictional notification to impacted communities. Communication to local
agency officials that the OA is launching, or has launched a multi -jurisdictional
notification, shall be made as promptly as possible.
c. A City wishing to send or receive messages to or from a neighboring Agency during
time of a multi -jurisdictional incident should establish an MOU between both parties
that grants permission for the handling Agency to send emergency notification to
residents within the affected Agency. It is suggested that contract police services
have access to launch notifications to the jurisdictions they serve. For cities without
established MOU's, the responsible Agency shall make contact with impacted
agency Police or Sheriff Watch Commander officials to request notification launch
locally.
d. Water agencies are authorized to send crisis water notifications to water consumers
within their jurisdiction providing notice, that the System is being activated, is given to
appropriate Orange County Emergency Managers within the OA/County, impacted
cities and WEROC, as promptly as possible.
B. Emergency Response and Inter -Department Notifications
It is the sole responsibility of each participating Agency to maintain their own emergency
response and inter -department call lists and to launch notifications to these contacts as
deemed necessary and in compliance with the terms and conditions of established
MOU's.
VII. COSTS
The County of Orange is funding the System for notifications classified as "emergency" and
"inter -department" per the terms stated within participating agency MOU's.
Costs associated with use of the System for non -emergency activity is the responsibility of the
local Agency through separate contract with the mass notification Vendor.
VIII. SYSTEM ADMINISTRATION/OPERATIONS
Individual Agencies are responsible for providing logins and procedural training to key
individuals within their Agency responsible for using the Mass Notification System.
A. County Administrator
The County of Orange will assign and maintain a designated Mass Notification Program
Administrator responsible for overall acquisition, accessibility, maintenance, compliance and
management of all components required to provide an effective countywide mass
notification system.
Page 9 of 12
Executive
Countywide Public Mass Notification System
Policy and Guideline
The County Administrator is responsible for:
1. System acquisition and contract management.
2. Policy management and as needed modification (in consultation with CEO, Orange
County Sheriff's Department Emergency Management Bureau, public safety,
emergency management and emergency response personnel.)
3. Audit compliance: routine monitoring of System use to insure policy and contract
compliance.
4. Access management: record management of signed MOU from each participating
Agency, distribution of local administrator accounts and updated local administrator
contact list.
5. Data management: E911 data acquisition, update and compliance monitoring.
Countywide map file acquisition, update and overall geo-coding.
6. Testing: facilitate routine System -wide test exercise, document overall test results and
recommend and execute, as needed, corrective action at the County level.
7. Public education campaign: initiate and facilitate public education campaign aimed at
making the public aware of the Countywide Public Mass Notification System initiative
and citizen web portal.
8. System support: provide support to Local Agency Administrators.
B. Local Agency Administrator
Participating Agencies agree to appoint a designated Mass Notification Local Administrator
responsible for leading, coordinating, monitoring and optimizing use of the Mass Notification
System at the local level. Local Agency Administrator shall act as the Agency's central point
of contact and will work collaboratively with the County Administrator to insure local use of
the system is within policy and MOU guidelines.
Local Agency Administrator is responsible for:
Contract acquisition if Agency will use the system for non -emergency purposes.
Local Agency Mass Notification Operating Procedure development and management.
Use compliance: routine monitoring to ensure System is used within the conditions
and terms of this document and associated MOU.
Access management: local user account distribution and management, record
management of MOU(s) and signed end user P&P.
Data management: perform routine data management, error -correcting and data
integrity updates to System contact and geo-coded map data.
Testing: facilitate routine local System test exercise, document local test results and
recommend and execute, as needed, corrective action at the local level.
Public education campaign: initiate and facilitate public education campaign aimed at
making the local community aware of the intended use of the Mass Notification
System and citizen web portal including inclusion of the AlertOC website link on their
agencies website.
System support: provide support to local Agency end-users.
Page 10 of 12
Executive
Countywide Public Mass Notification System
Policy and Guideline
IX. INFORMATION SYSTEMS AND SUPPORT
The County of Orange will acquire and maintain 24x7x365 vendor support for the Mass
Notification System. Participating Agencies are authorized to contact vendor support as
needed.
X. ROUTINE TESTING
The County and participating City Agencies are required to perform a System test call to the
public annually. Test exercises may occur more often to inter -department and inter -agency
contacts as deemed appropriate. System test exercises should be geared towards making
improvements that will optimize use of the System during an emergency.
Test exercises shall be designed to:
1. Promote public awareness and education of AlertOC to the public
2. Test the agency personnel's capability to use the system
3. Test the System's capability to send a high volume of phone, text and e-mails
4. Test the capacity and throughput of OC's Central Office telephone switches
5. Test operational readiness, activation procedures and system effectiveness
6. Validate data and system processes.
Through test exercises, System administrators and users will be able to observe the mode of
operation to augment and refresh System and process knowledge.
In addition to performing local tests, participating agencies shall take part in organized
countywide test approved by the AlertOC Advisory Committee. Countywide test may include
regional, multi -jurisdictional or simultaneous activation exercises designed to simulate wide-
spread events. Specific test exercise routines, roles, responsibilities and schedule will be
detailed in the AlertOC Regional Standard Operating Procedure document.
Water agencies are not allowed to perform test calls to the public unless the use is approved
by the AlertOC Advisory Committee as a multi -jurisdictional exercise.
XI. DEFINITIONS
Agency — Term used to identify participants who have entered into a Memorandum of
Understanding with the County of Orange for use of the Countywide Mass Notification System,
known as "AlertOC".
System — All components of the Mass Notification System including hardware, software, access
portals, contact data and GIS maps.
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Executive
Countywide Public Mass Notification System
Policy and Guideline
Resident — Comprises households and businesses.
IVR — Interactive Voice Response is a phone technology that allows a computer to detect voice
and touch tones using a normal phone call. This technology will allow a user of the Mass
Notification System to launch a message to a pre -defined call list when a pc or internet
connection is not available.
CO - In the field of telecommunications, a telephone exchange or telephone switch is a system
of electronic components that connects telephone calls. A central office is the physical building
used to house inside plant equipment including telephone switches, which make telephone calls
"work" in the sense of making connections and relaying the speech information.
Revision History:
Revision Date
Version o.
Approver Name
Description
June 16, 2008
1.0
PMNS Policy Committee and
PMNS Executive Review Team
Document Originated.
September 30, 2010
2.0
AlerfOC Advisory Committee
Revisions to governance and activation
of system, addition of water agencies,
ex ansion of testing requirements.
Page 12 of 12