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ORANGE, COUNTY OF (20)
RED %KMky�?WEED CLERK Of CO" Retum ORIGINAL executed copy to COTC, M-30 MEMORANDUM OF UNDERSTANDING BETWEEN Z��I THE COUNTY OF ORANGE AND A-2016-181-01 PARTICIPANTS FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM �-'Tol'la (cmvv_.vyooYY0 -I. T. This Memorandum of Understanding, hereinafter referred to as "MOU," dated June 30, 2021, 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. MA-060-20010263 ("Agreement") with Everbridge, Inc., for the provision of Public Mass Notification System Services, on or about December 31, 2019 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, COUNTY agrees to provide to PARTICIPANTS access to the services provided by Everbridge, Inc. as contained in 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, including but not limited to the End User License Agreement, identified and incorporated herein as Exhibit A (Orange County Agreement No. MA-060-20010263, 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 NOW, THEREFORE, the parties agree as follows: Page 1 of 5 I. Definitions: "Agreement" shall refer to Orange County Agreement No. MA-060-20010263 between COUNTY and Everbridge, Inc. . "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. "Confidential Information" shall include but not be limited to personal identifying information about an individual such as address, phone number, Social Security number, or any other identifier protected from disclosure by law, and/or any other information otherwise protected from disclosure by law, for example, the identity of a victim of a sex crime or a juvenile. "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 boundaries 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. "Individual User" shall mean an agent, officer, employee or representative of PARTICIPANT that has been granted access to the System as set forth in this MOU. "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. "Ton -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 Everbridge, 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. Page 2 of 5 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 INDEMNITEES") from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which COUNTY, 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 PARTICIPANT, its officers, agents, employees, subtenants, invitees, licensees, or contracted vendors. 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, licensees, or contracted vendors. III. Term: This MOU shall be in effect from July 1, 2021 and shall expire on December 30, 2024 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 COUNTY access to the same services being provided by Everbridge, 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. 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, C, and D. All PARTICIPANTS agree to the terms and conditions contained in Exhibits A, B, C, and D. COUNTY retains the right to update Exhibits A, B, C, and D 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. PARTICIPANT agrees to require each Individual User to execute an Individual User Agreement (Exhibit D) regarding their obligations to maintain the confidentiality of login and password information; ensure that they will use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; that they may be responsible for any breach of the terms of the Agreement with Page 3 of 5 Everbridge and/or this MOU; and the confidentiality provisions of this MOU. PARTICIPANT further agrees to provide a copy of the signed Individual User Agreement to COUNTY and notify COUNTY, in writing, if an individual user withdraws their consent to the Individual User Agreement at anytime during the term of this MOU. 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. 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. 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 Division Attn: Director of 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. Each PARTICIPANT shall notify COUNTY if there is an updated contact person. Notice shall be considered tendered at the time it is received by the intended recipient. VII. Confidentiality: Each party agrees to maintain the confidentiality of confidential records and information to which they have access a result of their use of the System and 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. No party shall post confidential information as part of a mass notification unless the law allows such information to be released. VIII. 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 Page 4 of 5 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, 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 one 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. IX. 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 By: Don Barnes, Sheriff -Coroner County of Orange By, Wendy Phill s=I ,' 1, 202108:43 PDT) Wendy Phillips, County Council County of Orange PARTICIPANT: City of Santa Ana By: See Attached Date: Authorized Signature Print Name and Title Date: Date: May 21, 2021 Page 5 of 5 A-2016-181-01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: DAISY GOMEZ J� Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA KRISTINE RID City Manager RECOMMENDED FOR APPROVAL: By: I T BOGOSIAN AVID VALENTIN Senior Assistant City Attorney Chief of Police Exhibit A County of Orange Subordinate Contract # MA-060-20010263 with Everbridge, Inc., for a Public Mass Notification System (PMNS) This Subordinate Contract MA-060-20010263 for a Public Mass Notification System (PMNS) (hereinafter referred to as "Contract") is made and entered into upon execution of all necessary signatures between Everbridge, Inc., having its principal place of business at 155 N. Lake Ave., Suite 900, Pasadena, CA 91101 (referred as "Contractor"), and the County of Orange, operating through its Sheriff -Coroner Department, a political subdivision of the State of California, with a place of business at 320 N. Flower St., Suite 108, Santa Ana, CA 92703 (hereinafter referred to as "County"), which are sometimes individually referred to as "Party" or collectively as "Parties". ATTACHMENTS This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated herein as though set forth in full: Attachment A — California Multiple Award Schedule (CMAS) Contract 3-12-70-2909A, Supplemental No. 1 and Amendment No. 2 Attachment B — Scope of Services Attachment C — Compensation and Pricing Provisions Attachment D — Everbridge Technical Support Services Guide (November 14, 2018 Update) Attachment E — Functional Requirements RECITALS WHEREAS, the State of California has issued California Multiple Award Schedule ("CMAS") Contract No. 3-12-70-2909A ("CMAS Contract") for provision of a Public Mass Notification System (PMNS) by Contractor, which per its most recent renewal is set to expire on July 18, 2024; and WHEREAS, the County requires a PMNS, and the Contractor has represented that its proposed PMNS shall meet or exceed the County's requirements; and WHEREAS, County and Contractor desire to enter into a Contract for Contractor to provide a PMNS under the CMAS Contract, attached hereto as Attachment A, and as further set forth in the Scope of Work, attached hereto as Attachment B; and WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Compensation and Pricing Provision, attached hereto as Attachment C; and WHEREAS, the County Board of Supervisors has authorized the Purchasing Agent or designee to enter into a Contract for a PMNS with the Contractor; NOW, THEREFORE, the Parties mutually agree as follows: County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page I or40 I Administrator: Government official, employee or agency responsible for the day-to-day responsibility and oversight for the mass notification system, including design, development, coordination, implementation, monitoring and evaluation. • Application program interface (API): A set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service. • Coding Accuracy Support System (CASS): Coding Accuracy Support System (CASS) is a certification system from the United States Postal Service (USPS) for address validation. • Critical Infrastructure Information (CIl): Those systems that are so vital to a nation that their incapacity or destruction would have a debilitating effect on national security, the economy, or public health and safety. • Cyber-protection: The prevention of damage to, unauthorized use of, or exploitation of, and, if needed, the restoration of electronic information and communications systems and the information contained therein to ensure confidentiality, integrity, and availability. Includes protection and restoration, when needed, of information networks and wireline, wireless, satellite, public safety answering points, and 911 communications systems and control systems. • Data: Any information, algorithms, or other content that the County, the County's employees, agents and end users upload, create or modify using the goods/services pursuant to this Contract, including but not limited to email addresses, telephone numbers, and geo-coded E911 data. Data also includes user identification information and metadata which may contain Data or from which the County's Data may be ascertainable. Personal Data shall include personal information, as defined by Civil Code Section 1798.3. • Data Breach: Any access, destruction, loss, theft, use, modification or disclosure of Data by an unauthorized party or that is in violation of Contract terms and/or applicable state or federal law. • Deliverable: Tangible and intangible information, material, services, or goods that must be provided to the County under the terms of the Contract. • Documentation: The term "Documentation" shall mean, with respect to any particular items: (i) all of the written, printed, electronic, or otherwise formatted materials that relate to such items, or any component thereof; (ii) all user, operator, system administration, technical, training, support, and other manuals and all other written, printed, electronic, or other format materials that represent, demonstrate, explain or describe the functional, operational or performance capabilities of such items; and (iii) all specifications, materials, flow charts, notes, outlines, manuscripts, writings, pictorial or graphical materials, schematics, and other documents that represent, demonstrate, explain or describe such items. • ESRI mapping: (Environmental Systems Research Institute) is an international supplier of geographic information system (GIS) software, web GIS and geodatabase management applications. • Failure modes: A failure mode is a cause of failure or one possible way a system can fail. When a system has many potential ways of failing, it has multiple failure modes or competing risks. • Geo-coding: Provide geographical coordinates corresponding to (a location). • Geo-targeting/targeted: The practice of delivering content to a user based on his or her geographic location. • Human Error: Any action or inaction on the part of a Contractor's employee or agent that prevents the accomplishment of the goods'/services' intended functions and the services specified in the Scope of Work. • IPAWS: FEMA's Integrated Public Alert and Warning System (IPAWS) is an internet-based capability that federal, state, local, tribal, and territorial authorities can use to issue critical public alerts and warnings. • Notification: A communication distributed to the public and internal responders/relevant personnel that contains important, timely, accurate, and accessible information regarding an actual or potential County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Punhasing Services Bureau Public Mass Notification System Page 2 of40 emergency or incident, including the cause, size and current situation thereof; resources committed and response status of the emergency management organization; and other matters of general interest to the public, responders, and additional stakeholders (both directly affected and indirectly affected). Categories of notification may include: update, alert, advisory, activation, watch or warning. • Registrant: Member of the public who is enrolled or enrolling in the system. • Security incidents: The potentially unauthorized access to Personal Data or Non -Public Data the Contractor believes could reasonably result in the use, disclosure or theft of the County's unencrypted Personal Data or Non -Public Data within the possession or control of the Contractor. A Security Incident may or may not turn into a Data Breach. • State of California and/or State: As used in Attachment A (CMAS Contract), "State of California" and "State" shall mean the County, its employees and authorized agents and representatives. • System: Automated computerized mass notification system for emergency public and internal responder/relevant personnel notifications, including via cell phone, email, and text. • Technical Failure: A malfunction in the vendor's hardware or software which prevents the accomplishment of the services specified in the Scope of Work. A malfunction of the hardware prevents the accomplishment of the hardware's intended functions and services specified in the Scope of Work. A malfunction of the software prevents the accomplishment of intended services even though the hardware may be functioning properly. Technical failures include, but are not limited to, an improper or incomplete conversion or upgrade of the hardware or software. • User: Government employee or affiliated volunteer who has the ability to log -in to the system for administrative purposes (e.g., maintaining contact lists, sending notifications, monitoring notification results, etc.). Includes employees and contractors of other public entities who are authorized by the County to access the system pursuant to a Memorandum of Understanding between the County and those public entities. • WEA/EAS: Wireless Emergency Alerts/Emergency Alert System. ARTICLES 1. Scope of Contract: The terms and conditions of this Contract, including those in its Attachments, specify the terms and conditions by which the County will procure services in connection with the CMAS Contract from the Contractor, hereinafter referred to as "PMNS" or "Services," as more fully detailed in Attachment B, Scope of Work. 2. Precedence: In the event of a conflict between the terms and conditions in this Contract and terms and conditions in the Attachments, the conflict shall be resolved by giving precedence first to the terns and conditions of this Contract, then the terms and conditions of any Attachments. In the event of a conflict between the language of any Attachments, precedence shall be given in the following order: a. This Contract b. Attachment B (Scope of Work) c. Attachment E (Functional Requirements) d. Attachment C (Compensation and Pricing Provisions) e. Attachment A (CMAS Contract) f. Attachment D (Everbridge Technical Support Services Guide). 3. Term of Contract: This Contract shall commence December 31, 2019, and shall be effective through and including December 30, 2020, unless otherwise terminated by County. Contract may be renewed for up to four (4) additional one-year terms, upon mutual agreement of both Parties and upon successful renewal of the CMAS Contract No. 3-12-70-2909A. Each renewal of this Contract County of Orange MA-060-20010263 File No. CO21209 Sheriff-CoronedPurchasing Services Bureau Public Mass Notification System Page 3 of 40 may require approval by the County Board of Supervisors. The County does not have to give a reason if it elects not to renew. 4. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor -Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor. 5. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. 6. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be deemed as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation. 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. 8. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned Deputy Purchasing Agent (DPA), except through the course of the parties' project managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in - person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. Contractor: Everbridge, Inc. 155 N. Lake Ave., Suite 900 Pasadena, CA 91101 Attn: Joanna Burlison Ph: 888-366-4911 Joanna.burlis onOm everbrid ae. corn County: Sheriff -Coroner Department/Emergency Management Division 2644 Santiago Canyon Rd. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 4 of 40 Silverado, CA 92676 Attn: Michelle Anderson Ph:714-628-7158 MAnderson(iOcsd.ore Assigned DPA: County of Orange Sheriff -Coroner Department/Purchasing Services Unit 320 N. Flower Street, 2id Floor Santa Ana, CA 92703 Attn: Maria Ayala, Procurement Contract Specialist Ph: 714-834-6360 MavalaAocsd.ore 9. Insurance Provisions: Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 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. Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance subject to the same terns and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self -insured retentions (SIRS) shall be clearly stated on the Certificate of Insurance. Any self - insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County's Risk Manager, or designee, upon review of Contractor's current audited financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following: 1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and 3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor's SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured. County of orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 5 of40 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 with a minimum rating of A - (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier), If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a 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 Automobile Liability including coverage for owned, non -owned and hired vehicles Workers Compensation Employers Liability Insurance Network Security & Privacy Liability Technology Errors & Omissions Minimum Limits $1,000,000 per occurrence $2,000,000 aggregate $1,000,000 per occurrence Statutory $1,000,000 per occurrence $1,000,000 per claims -made $1,000,000 per claims -made $1,000,000 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and County of 01unge MA-060-20010263 File No, CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 6 of40 employees as Additional Insured's, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.. 2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor's insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non-contributing. The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents and employees as Additional Insured's for its vicarious liability. 2) A primary and non-contributing endorsement evidencing that the Contractor's insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. 3) The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. If Contractor's Technology Errors & Omissions and/or Network Security & Privacy Liability are "Claims -Made" policy(ies), Contractor shall agree to maintain coverage for two (2) years following the completion of the Contract. The Commercial General Liability policy shall contain a severability of interest's clause also known as a "separation of insured's" clause (standard in the ISO CG 0001 policy). 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 (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor. 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 County of Orange MA-060-20010263 Pile No. CO21209 Sheriff-Conmer/Purehasing Services Bureau Public Mass Notification System Page 7 of 40 incorporating such changes within thirty (30) 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, nor act in any way to reduce the policy coverage and limits available from the insurer. 10, Indemnification: To the fullest extent permitted by law, 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, costs (including without limitation reasonable attorneys' fees, court costs, alternative dispute resolution costs, associated investigation and administrative expenses), damages, fines, judgments, losses, or liability of any kind or nature, including but not limited to personal injury, death, or property damage, arising from or related to the services, products or other performance provided by Contractor or any of its affiliates, agents, subcontractors, employees, suppliers, or laborers furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract. 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. 11. Security Requirements: A. Contractor shall, with respect to all employees of Contractor performing services hereunder: 1. Perform background checks as to past employment history. 2. Inquire as to past criminal felony convictions. 3. Ascertain that those employees who are required to drive in the course of performing services hereunder have valid California driver's licenses and no DUI convictions within two (2) years prior to commencement of services hereunder. 4. Perform drug screening to determine that such employees are not users of illegal controlled substances as defined by federal law. B. Contractor shall not assign to County property any Contractor personnel as to whom the foregoing procedures indicate: 1. Inability or unwillingness to perform in a competent manner. 2. Past criminal convictions for theft, burglary or conduct causing property damage or mental or physical hann to persons. Where such employee's duties include driving a vehicle, absence of a valid California driver's license or a DUI conviction within the prior two (2) years. 4. Usage of illegal controlled substances as defined by federal law. County of Orange MA-060-20010263 Pile No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 8 of 40 C. If any of the problems identified with respect to Contractor's employees are discovered after assignment of an employee to County property, or if County otherwise reasonably deems an assigned employee unacceptable, Contractor shall remove and replace such employee at the County property. D. Nothing herein shall render any employee of Contractor an employee of County. THE CONTRACTOR'S PERSONNEL REQUIREMENTS: All employees must pass the County's background check and meet all requirements as set forth below: All personnel to be employed in performance of the work under this Contract shall be subject to security clearance. Clearance must be updated and renewed every twelve (12) months from original date of clearance. 2. No person, who is required to enter a secured facility of the Sheriff, shall be assigned to perform work under this contract that has not received prior clearance from the Sheriff -Coroner Department. 3. Within fifteen (15) days of the effective date of this Contract, Contractor shall prepare and submit a complete and accurate "Contractor Security Clearance" information form for all Contractor's employee who will be working on or who will need access to the Sheriff -Coroner's facilities to perform work covered by this Contract. County project manager shall provide form(s) to Contractor's project manager. Contractor is also responsible for ensuring that anytime an employee is assigned to work on Sheriff -Coroner's facilities under this contract that a Security Clearance form is submitted and approved prior to that employee requiring access to such premises for providing services under this contract. 4. Contractor shall inform employees assigned to perform work within secured facilities of the Sheriff -Coroner that the employee is required to inform Contractor if/when any information provided on the security clearance form changes. Contractor shall submit an updated security clearance form whenever there is a change in information provided by an employee. Contractor shall be responsible for ensuring to submit Security Clearance forms in order to renew the Security Clearance(s) every twelve months. Renewal forms shall be submitted at least ten (10) County working days prior to the expiration of an existing clearance; a security clearance is valid for 12 months from the date of issuance. If Contractor is submitting an updated form due to a change in information, said form shall be submitted within in 10 county working days of the employer becoming aware of the updated information. 5. Contractor Security Clearance information forms will be provided by County Project Manager upon request and will be screened by the Sheriff -Coroner's Department. 6. Contractor Security Clearance information forms shall be thoroughly and accurately completed. Omissions or false statements, regardless of the nature or magnitude, may be grounds for denying clearance. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 9 of 40 7. County will not give Contactor the reason an individual's clearance is denied, but will provide explanation to individual affected via U.S. Mail. E. GENERAL SECURITY REQUIREMENT -AT WORKSITE: 1. When performing work at a Sheriff -Coroner facility, all work areas shall be secured prior to the end of each workday. 2. Workmen shall have no contact, either verbal or physical, with inmates in any facility while preforming work under this contract. Specifically: a. Do not give names or addresses to inmates. b. Do not receive any names or addresses from inmates. c. Do not disclose the identity of any inmate to anyone outside the facility. d. Do not give any materials to inmates. e. Do not receive any materials from inmates (including materials to be passed to another individual or inmate). 3. Contractor's personnel shall not smoke or use profanity or other inappropriate language while on site. 4. Contractor's personnel shall not enter the facility while under the influence of alcohol, illegal controlled substances as defined under federal law, or other intoxicants, and shall not have such materials in their possession. 5. Failure to comply with these requirements is a criminal act and can result in prosecution. 6. Contractor's personnel shall plan their activities to minimize the number of times they must enter and exit a facility, i.e., transport all tools, equipment, and materials needed for the day at the start of work and restrict all breaks to the absolute minimum. 7. Contractor's personnel shall follow any special security requirements issued by the on -site contact person or escort Deputy. 8. Contractor's personnel shall report either to the on -site contact person when leaving the facility, temporarily or at the end of the workday. 9. Contractor's personnel shall immediately report all accidents, spills, damage, unusual conditions and/or unusual activities to the on -site contact person or any Sheriffs Deputy. 10. Contractor's personnel shall securely close and check all gates and doors to ensure that they are tightly closed and locked as they enter and exit various areas of the County facilities. 11. Contractor's personnel shall restrict all activities to the immediate work site and adjacent assigned areas necessary to performing work under this Contract. 12. Contractor's personnel shall remain with the assigned escort at all times, unless otherwise directed by the on -site contact person. County of Oiunge MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 10 of 40 F. POTENTIAL DELAYS/INTERRUPTIONS: 1. Contractor shall acknowledge that the primary purpose of the detention facilities is the safe and secure operation of those facilities. 2. Contractor's personnel who enter a Sheriff facility but have not passed the security screening, or who have falsified the security screening information are subject to immediate removal from the facility. Contractor's personnel who are assigned to work in a Sheriff facility who are determined to have outstanding wants or warrants may be detained by the Sheriff. 3. Contractor's personnel shall immediately comply with all directions and orders issued by Sheriff's personnel, other than changes regarding the quality or quantity of work, which will be controlled by County's project manager. 4. Contractor's personnel may be delayed or denied access to the facility due to unforeseen events that may affect the availability of security escorts. 5. Contractor's personnel may be ordered to leave a facility prior to the completion of their work or the end of the workday by unforeseen incidents occurring within secure environments. Such unforeseen incidents may also cause Contractor's personnel to be held inside the facility until the incident is resolved by the Sheriffs personnel. 6. Contractor may be subject to an inventory requirement where the Contractor shall supply an inventory list of all tools. The Facility will use this list for verification of tools entering and exiting security. Any and all time required to comply with the tool inventory and control program will not be considered a compensable delay and no requests for equitable adjustment in time or additional compensation for this time will be considered. t2. Clear Water Act Provision: Contractor shall be in compliance with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 7606), section 508 of the Clean Water Act (33 U.S.C. 1368), and Executive Order 11738. B. Energy Policy and Conservation Act Provision: Contractor shall follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 14. Certifications: Homeland Security Grant: Contractor is informed and understands that this Contract may be funded by federal Department of Homeland Security grant funds, including Homeland Security Grant funds through the California Governor's Office of Emergency Services (Cal OES). Contractor agrees to the following in relation to executing this Contract. a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the California Office of Emergency Services and/or Department of Homeland Security, the grant agency, and/or their duly authorized representatives for a period of three (3) years from the termination of this Contract. b. Contractor will comply, with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 11 of40 c. Contractor will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. d. Contractor will comply, with all requirements of the Contract Work and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. 15. Liquidated Damages: It is agreed by and between Contractor and the County that if the services are not fully and completely performed within the terms of the Contract, including the failure to provide a fully functional PMNS, damage will be sustained by the County. Said damage includes any additional costs resulting from a delay in scheduled time frames by Contractor. Since it is and will be impractical and extremely difficult to determine the actual damage that the County will sustain by reason of such delay and/or failure to completely perform, it is therefore agreed that Contractor will pay to the County liquidated damages in a set amount of $1,700.00 for each and every day of delay and/or failure to provide a fully functional PMNS. In the event the liquidated damages as set forth herein are not paid by Contractor, the County will deduct the amount of liquidated damages from any monies due Contractor under this contract. This provision may be invoked at the sole option of the County by notification to the Contractor by certified return receipt mail. If provision of services under the Contract is delayed by reason of changes or extra services ordered by the County or as a result of the County's failure to perform or delays caused by the County, the time of performance of this contract will be extended commensurate with the time required for the extra services and/or delays directly attributable to the County's failure to perform, and no liquidated damages will accrue during the period of such extension. If this contract is not fully and completely performed within the time set forth herein, the County shall have the right to increase the time for such performance and to waive the liquidated damages. Nothing herein shall be construed as giving Contractor a right to extra time for performance. -Signature Page to Follow - County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 12 of 40 Signature Page The Parties hereto have executed this Contract# MA-060-20010263 for a Public Mass Notification System on the dates shown opposite their respective signatures below Contractor*: Everbridge,Inc. Print Name: Contractor*: Everbridge,Inc. Title: Print Name: Date *If the contracting party is a corporation, (2) two signatures are required: (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signature to bind the company. County Of Orange A political subdivision of the State of California Sheriff -Coroner Department By: Title: Print Name: Date: Approved by the Board of Supervisors: Approved as to Form Office of the County Counsel Orange County, California M. Deputy County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 13 of 40 ATTACHMENT A California Multiple Award Schedule (CMAS) Contract 3-12-70-29O9A, Supplemental No. 1 and Amendment No. 2 County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bweau Public Mass Notification System Page 14 of40 ATTACHMENT B SCOPE OF WORT{ I. INTRODUCTION The Orange County Sheriff's Department (OCSD) is headquartered in Santa Ana, California. With about 3800 employees, OCSD serves thirteen contract cities and the unincorporated areas of Orange County. This includes about 700,000 residents in 350 square miles. OCSD's Emergency Management Division provides emergency management and preparedness services to the unincorporated areas of Orange County and supports the efforts of the Orange County Operational Area (OA). There are currently over 100 jurisdictions in the OA encompassing all County departments and agencies, public and private organizations, and the general population within the boundaries of Orange County. The County administers and maintains a vendor -provided public mass notification service called AlertOC, which is offered to all 34 cities in the County, County agencies, Orange County Fire Authority, water districts, and the University of California Irvine for emergency public notification and internal responder notification. This system includes an opt -in portal for residents to register their cell -phone, email and text devices for emergency notifications. In addition, E911 data is purchased quarterly from telephone service providers, uploaded to the system. Countywide, public emergency and safety efforts are coordinated and provided through a combination of county and city police, fire, healthcare, and public works departments. IL SCOPE OF WORK Contractor shall provide a PMNS that will include state of the art technology and will adhere to all industry standards, best practices, and applicable laws. Requirements include: high efficiency, robust capacity, ease of use, comprehensiveness, and a focus on accessibility for the whole community population. Support for additional languages and for the hearing and visually impaired community shall be a component of the new system. Additional functional requirements are listed in Attachment E, Functional Requirements, and are incorporated into this Scope of Work. Contractor's PMNS shall meet or exceed these requirements, except as otherwise indicated therein. Contractor's PMNS shall be a fully redundant, geographically dispersed SaaS solution with routine maintenance, enhancements and upgrades provided by the Contractor at no additional cost. The PMNS will automate the key steps for responding to a critical event. It will aggregate threat data from third party and internal sources so the County can assess risk, and locate people in areas of threat and those needed to respond. The PMNS will then enable the County to execute pre -defined processes based on the type of threat for who should be contacted and how, what message to send, and who to escalate to if a responder is not available. Contractor's platform will then send out notifications and instructions via text, voice, email —over 100 modalities —in 15 languages as needed, organize conference bridges for people to collaborate, and analyze return messages. Automation will enable these steps to be completed quickly, highly reliably and at scale. The critical communications and enterprise safety applications to be provided to the County via this PMNS software contract include Mass Notification Base for State & Local Government with Unlimited Domestic Usage, Mass Notification for Transportation, Community Engagement, and County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purohasing Services Bureau Public Mass Notification System Page 15 of 40 Incident Communications. These shall be easy to use and deploy, secure, highly scalable, and reliable. A description of each of these, including their key capabilities, is contained in Attachment A, the CMAS Contract. In addition, Contractor shall provide the following: • An additional organization and Community EngagementNisitor Engagement keywords will be added to County's account. • Consulting services, including but not limited to technical assistance regarding set-up, use, customization, and optimization of the various PMNS features. • Annual Maintenance and Support shall be provided as stated herein, including Attachment D, Everbridge Technical Support Services Guide, and Attachment E, Functional Requirements. III. QUALITY ASSURANCE Contractor will provide commercially -sound quality assurance practices to ensure the PMNS is operating in compliance with County specifications and requirements. Contractor's quality assurance will cover all major system features, including: 1. Successful operation of System without any errors, specifically in the areas of: • Tiered Administration • User creation and management • County -wide data and map import, reconciliation and maintenance processes and routines • Citizen opt -in data processes and routines • Custom and geographic call list generation • Outbound telephone message launch • Outbound e-mail message launch • Use of surveys • Monitoring of outbound session activity • Validation of built-in and ad -hoc generated reports • Accessibility from within the County's network • Accessibility from the Internet • IPAWS integration • Message throughput • Translation services (registration portal and message creation) 2. System (Hardware and Software) meets all requirements set forth herein and in Attachment E (Functional Requirements) to the County's satisfaction. 3. System is compatible with County Information Technology infrastructure (i.e., network and telephone environment and systems). IV. ADMINISTRATION Security Incidents, Data Breaches, Technical Failures, Human Error and Other Claims 1) Upon discovery or reasonable belief of any Security Incident, Data Breach, Technical Failure, or Human Error (collectively "Incident(s)"), Contractor shall notify County by the fastest means available and also in writing. Contractor shall provide such notification within forty- eight (48) hours after Contractor reasonably believes there has been such an Incident(s). County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Putchasing Services Bureau Public Mass Notification System Page 16 of 40 Contractor's notification shall identify: • The nature of the Incident(s); • Any Data accessed, used or disclosed; • The person(s) who accessed, used, disclosed and/or received Data (if known); • What Contractor has done or will do to quarantine and mitigate the Incident(s); and • What corrective action Contractor has taken or will take to prevent future Incident(s). 2) Contractor will provide daily updates, or more frequently if required by the County, regarding findings and actions performed by Contractor until the Incident(s) has been effectively resolved to the County's satisfaction. 3) Contractor shall quarantine the Incident(s), ensure secure access to Data, and repair the system as needed. 4) If the Contractor causes or knowingly experiences a breach of the security of County's Data containing personal information, as defined by Civil Code Section 1798.3, Contractor shall immediately report any breach of security of such system to the Orange County Sheriff s Department Emergency Management Division personnel assigned as lead program manager following discovery or notification of the breach in the security of such Data. The County shall determine whether notification to the individuals whose Data has been lost or breached is appropriate. If personal information of any resident of California was, or is reasonably believed to have been acquired by an unauthorized person as a result of a security breach of such system and Data that is not due to the fault of the County or any person or entity under the control of the County, Contractor shall bear any and all costs associated with the County's notification obligations and other obligations set forth in Civil Code Section 1798.29 (d) as well as the cost of credit monitoring, subject to the dollar limitation, if any, agreed to by the County and Contractor in the applicable Statement of Work. These costs may include, but are not limited to staff time, material costs, postage, media announcements, and other identifiable costs associated with the breach of the security of such personal information. 5) Contractor shall conduct an investigation of the Incident(s) and shall share the report of the investigation with the County. The County and/or its authorized agents shall have the right to lead (if required by law) or participate in the investigation. Contractor shall cooperate fully with the County, its agents and law enforcement. 6) After any significant Data loss or Data Breach or as a result of any disaster or catastrophic failure, Contractor will at its expense have an independent, industry -recognized, County -approved third party perform an information security audit. The audit results shall be shared with the County within seven (7) days of Contractor's receipt of such results. Upon Contractor receiving the results of the audit, Contractor will provide the County with written evidence of planned remediation within thirty (30) days and promptly modify its security measures in order to meet its obligations under this Contract. Corrective Action In the event any goods or service provided by the Contractor in the performance of the Contract should fail to conform to the requirements in this Contract, it shall become the duty of the Contractor to immediately advise the County of the failure and correct the performance of goods or services, without expense to the County. If corrective action (including but not limited to patches, bug fixes, updates) is taken by the Contractor to remedy Incident(s) in the provision of Cowty of Orange MA-060-20010263 Pile No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 17 of40 similar PMNS in other jurisdictions, such corrective action shall be provided to the County at no additional cost if such corrective action is needed for the Contractor to meet its obligations under this Contract. Notice Regarding Other Jurisdictions Contractor shall promptly notify the County Project Manager upon discovery or reasonable belief of the following: (a) Incident(s) known or reasonably known to have occurred in the provision of similar PMNS in another jurisdiction; (b) any claim or action against, or any loss by, Contractor that involves or may reasonably be expected to involve similar PMNS; (c) the initiation of any government investigation that may result in a finding that Contractor is not in compliance with all applicable federal, state and local laws. Resuonding to Legal Reauests Contractor shall promptly notify the County upon receipt of any legal requests, including but not limited to subpoenas, court or administrative agency orders, service of process, or requests by any person or entity (other than Contractor's employees), which in any way might reasonably require access to the County's confidential Data. Contractor shall notify the County by the fastest means available and also in writing, unless prohibited by law from providing such notification. Contractor shall provide such notification within forty-eight (48) hours after Contractor receives the request. Thereafter, Contractor shall comply with such legal requests only to the extent required by applicable law. In responding to legal requests, Contractor shall take measures to protect Personal Data or Non -Public Data, the disclosure of which would violate Contract terms, court orders, and/or applicable state or federal law. Such protective measures may include, but are not limited to, seeking protective orders or filing the Data under seal. Contractor shall not respond to legal requests directed to the County unless authorized in writing to do so by the County. Legal Proceedings Upon request by the County, Contractor shall make appropriate employees available to appear in court, submit to examination under oath, and cooperate in the investigation or settlement of a claim. This applies in criminal, civil or administrative legal proceedings in response to requests or demands for testimony or records concerning information acquired in the course of an employee performing official duties or because of the employee's official status regardless of whether the person would otherwise be subject to service of a subpoena or other legal process in the State of California. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purohasing Services Bureau Public Mass Notification System Page 18 of 40 ATTACHMENT C COMPENSATION AND PRICING PROVISIONS 1. Compensation: This is a firm -fixed fee Contract between the County and Contractor for PMNS services as set forth in Attachment B, "Scope of Work." The Contractor agrees to accept the specified compensation as set forth in this Contract as full payment 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 Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Paragraph 33, Contract Modifications, of the CMAS General Provisions — Information Technology. 2. Fees and Charges: County will pay fees in accordance with the provisions of this Contract. Payment shall be as follows: Item No. Item description Annual Rate: 01 Annual Fees $458,050 Household Count: 1,250,000 Employee Count: 150,000 CITY Product Code Description GSA Classification Price 2 101-11-11-0254-000 Mass Notification Base - Tier 11 GSA Product USD 356,299.56 1 101-11-11-0240-000 Mass Notification Base - Tier 12 GSA Product USD 33,700.44 1 101-11-11-0258-000 Mass Notification Base for Transportation - Tier 3 GSA Product USD 5,000.00 1 101-01-11-0206-000 Incident Management - Incident Communications - Tier 7 GSA Product USD 100.00 63 101-01-11-1001-000 Everbridge Additional Organization GSA Product USD 100.00 1 101-01-11-1027-000 10 100-09-11-1038-000 Everbridge Community Engagement - Tier 7 Additional CENE Keywords-1 GSA Product Open Market USD 49,700.00 USD 100.00 50 101-00-22-8301-000 Consulting Services - Per Hour GSA Product USD 13,000.00 Pricing Summary: Year One Fees: USD 445,000.00 County of Orange MA-060-20010263 File No. CO21209 Sberiff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 19 of40 One-time Implementation and Setup Fees: USD 0.00 Professional Services: USD 13,000.00 Total Year One Fees Due: USD 458,000.00 Price Increase/Decreases: No price increases will be permitted during the first period of the price agreement. The County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of thirty (30) days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. The County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor's profit will not be allowed. 4. Firm Discount and Pricing Structure: Contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract. 5. Contractor's Expense: The Contractor will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract. 6. Payment Terms — Payment in Advance: Invoices are to be submitted at least sixty (60) days in advance of each annual contract renewal to the user agency/department to the ship -to address, unless otherwise directed in this Contract. Vendor shall reference Contract number on invoice. Payment will be net thirty (30) days after receipt of an invoice in a format acceptable to the County 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 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. Taxpayer ID Number: The Contractor shall include its taxpayer ID number on all invoices submitted to the County for payment to ensure compliance with IRS requirements and to expedite payment processing. 8. Payment — Invoicing Instructions: The Contractor will provide an invoice on the Contractor's letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information: a. Contractor's name and address b. Contractor's remittance address, if different from 1 above c. Contractor's Taxpayer ID Number d. Name of County Agency/Department e. Delivery/service address f. Master Agreement (MA) or Purchase Order (PO) number County of Orange MA-060-20010263 File No, CO21209 Sheriff-Comner/Purchasing Services Bureau Public Mass Notification System Page 20 of 40 g. Agency/Department's Account Number It. Date of invoice i. Product/service description, quantity, and prices j. Sales tax, if applicable k. Freight/delivery charges, if applicable 1. Total Invoice and support documentation are to be forwarded to: County of Orange Sheriff —Coroner Department Emergency Management Division 2644 Santiago Canyon Road Silverado, California 92676 Attn: Michelle Anderson 9. Payment (Electronic Funds Transfer (EFT) The County offers Contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to the County via an EFT Authorization Form. To request a form, please contact the agency/department representative listed in Section 9. Notices. Upon completion of the form, please mail, fax or email to the address or phone listed on the form. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purobasing Services Bureau Public Mass Notification System Page 21 of 40 ATTACHMENT D Everbridge Technical Support Services Guide (November 14, 2018 Update) County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 22 of 40 ATTACHMENT E FUNCTIONAL REQUIREMENTS Funetionalities available in the core of the PMNS include full mobile support, communication deployment capabilities, centralized contact data storage and management, geographic targeting and mapping, and secure infrastructure to ensure client data security. In addition, Contractor shall do the following: • Maintain multiple, globally -dispersed data centers • Operate multiple Network Operations Centers with 24X7 staffing and monitoring • Deliver seamless scaling to deal with the unexpected peaks • Enable multi -modal support for over 100 contact methods including SMS, voice, email, digital signage, PC alert systems, and sirens The following are the functions of the PMNS that the Contractor shall provide, as indicated by an "X" in the "Yes" column. Where a function is not currently available, as indicated by an "X" in the "No" column, Contractor shall consider and be responsive to County's technical tickets. All available functions are included in the Scope of Work (Attachment B) at no additional cost to the County except where noted below. # Function Yes No Additional Comments/Specifications 1. The system will not As a SaaS solution, no County hardware is required for installation require the County to X of the system. Contractor will maintain all communication over purchase or HTIPS (Port 443) using its valid 2048-Bit TLS 1.2 security certificate, which effectively secures the traffic from the client environment into the secure Contractor infrastructure. Thus, any computer system capable of using a web browser that supports TLS 256-Bit encryption will be able to access and leverage the notification platform without issue. County shall be able to access the system from popular computer operating systems, such as Microsoft Windows, Linux, and Mae OS, as well as from popular smart phones and tablets. 2. The system will not require the X County to purchase or lease dedicated phone lines. 3. The system will not Contractor will provide routine upgrades, updates, and require the County to X enhancements free of charge for the life of the contract with no purchase or incur interruption in service. ongoing maintenance costs. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 23 of 40 4. The system will be Contractor will provides service at 99.99% or greater uptime. redundant with X 99.99966% uptime on multiple mirrored sites in geographically disparate locations. Data center ratings will be provided and call network monitor systems established. 5. The system will include Contractor will enable active monitoring, intrusion detection, and eyber-protection X logging of all events, on all components, within all tiers of the SaaS measures including infrastructure. Contractor's monitoring tools will consist of both appropriate notification network -based IDS devices scanning all network traffic, and host - protocols if intrusion is based probes that are designed to detect any activity outside of detected or if data breach normal application traffic and performance. If a monitor detects any occurs. unusual or suspicious activity, the monitoring tool will generate an automated alert that will be immediately investigated by Contractor's on -call support team. 6. The service will have an Contractor will provide a fully functional Restful JSON based API. available application As part of the API, County will be able to utilize various methods programming interface X to update contact information (GET, DELETE, PVT, and POST) (API) service with as well as initiate a broadcast through the API. There will be no documentation available additional cost to access the API for managing data. for API calls and functions such as contact If County does not have the staffing resources to build the management. integration, professional services to build the integration can be purchased from Contractor at an additional cost. 7. The system will have full Contractor will remain certified as a gateway for IPAWS/CMAS. and complete IPAWS X County and other authorized clients, such as government entities, will integration and need to provide their COG ID (Common Operating Group ID), the functionality including Common Name (Logon Name), and the digital certificate provided WEA/EAS. by FEMA within the settings of the Contractor's system. Once this information has been provided, County will be able to send notifications and include the Publish to IPAWS/CMAS as a deployment option— or simply target E'AWS/CMAS separate from any other target population. S. The system will be configured with X multiple [PAWS credentials (e.g., multiple jurisdictions that have independent codes can load their certificates into the system) County of Orange MA-060-20010263 File No. CO21209 Sheriff-Conner/Purchasing Services Bureau Public Mass Notification System Page 24 of 40 9. The system will support Contractor will support utilizing the GIS interface for creating all geo-targeted X notification types, including standard notifications, polling notifications. notifications, and conference bridges. 10. The system will have System will allow users to upload shape files from ESRI in ZIP ESRI mapping and KML formats to target specific geographic areas. In addition, interface to allow X ESRI will be offered as a standard base map layer option. County to select multiple contiguous or non-contiguous areas for notification. it. The system will The system will provide base map layers using Google, Bing, and incorporate raster (e.g., X ESRI, and County may configure the solution to support a client satellite) imagery in its map server as well. From a map layer perspective, the system will mapping function. also provide premium weather layers that can display additional overlay information regarding weather radar and infrared satellite. 12. The system mapping The system Universe Tab is contained within the product, but functions shall be County may export shapes used for selecting the target audience capable of interfacing X- for any deployment from the platform for use in other systems with and publishing to County may have. other web -based portals. 13. The system will support System will allow County to create and save an unlimited number User -defined message of message templates to expedite communication processes. templates, including pre- X Message templates will contain pre-recorded voice and text content loaded text, audio, and that can be applied to new notifications. Broadcast templates are video files. pre -defined notifications that contain message content, target recipients, and settings. Once saved, broadcast templates may be quickly deployed individually or as a group in under 15 seconds. Templates will be stored in a corresponding library for easy management. 14. The system will support System will support the ability to create voice recordings in several spontaneous uploading X ways. of audio files for notifications. 15. The system will support System will support up to five separate attachments that may be spontaneous uploading sent to email notifications. Total attachment size cannot exceed 2 of video files for X MB of data and no single attachment can exceed 2MB. notifications. Additionally, these attachments may be sent to Contractor's mobile application for smart phones and tablets. County of Orange MA-060-20010263 Pile No, CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 25 of 40 16. The system will be Because the system is a hosted SaaS solution, there will be no limit capable of sustaining a X to the number of notifications Contractor is capable of sending and minimum volume of no limit to the number of contacts that can be stored with the 50,000 phone calls solution. Contractor will conduct regular capacity planning simultaneously. (quarterly) to ensure ample capacity, performance, storage, and support to maintain guaranteed SLAB. 17. The service will be Contractor will provide a verifiable and configurable call throttling configured with pre-set X mechanism. The throttling settings will allow County to modify the call throttling rates set by overall speed for all calls going out or specify an area code and the User launching the prefix to modify the speed for a specific area or building. notification, not the Contractor. 18. The service will be configured with real- X time automatic/ intelligent throttling during a call in progress to ensure a high success rate. This rate will be displayed to the notification sender and recorded so that it can be accessed and reviewed upon demand by the County. 19. The service will use Regardless of the target telephone provider, Contractor will utilize multiple telephone X established telecommunication industry standards for placing carriers and can switch telephone calls among public networks. between carriers during notifications depending upon telephone network status. 20. The system will be By default, each contact targeted with a notification from the configured to make X Contractor solution will be sent notifications based on a "rotational multiple attempts to contact methodology" whereby the contact devices (delivery reach Registrants. methods) for any contact are notified, one at a time, and Contractor seeks confirmation/response. Should confirmation/response be received, it will be recorded in the solution and no further notifications are deployed to the recipient. If the recipient does not confirm/respond to the incoming notification, Contractor will "rotate" to the next available device and attempt to contact the recipient again (seeking response). This process will continue until all Contact Cycles are exhausted. Comity of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification Systmn Page 26 of 40 21. The system will call out- All notifications deployed from the Contractor's solution require a of -state and international X fully defined telephone number to place the call to any landline, numbers, cellular, or VoIP telephone. This includes both domestic (10-digit telephone numbers) and international telephone numbers. 22. The system will Contractor fully supports this requirement through automated differentiate between X voicemail/answering system detection. If a live person answers the human voice and incoming call, the message will be relayed to the recipient (with the voicemail/answering details to confirm, if enabled). If a voicemail/answering system is machine recordings. detected, County will have the option to configure how Contractor interacts with the voicemail/answering solution — leaving a message only; leaving a message with confirmation; or leaving no message. At no time will Contractor assume that reaching a voicemail/ answering system is proof of delivery and confirmation. Thus, the system will continue to attempt to notify the intended recipient on other available devices until confirmation is received or until the Contact Cycles have been exhausted. 23. The system will be The platform will support an unlimited number of groups, configured with separate X subgroups, and groups within groups all of which are maintained sub -administration in a single organization (client environment) within the accounts for each unique Contractor's system. participating agency. 24. Each User within the sub -administration X accounts will have their own password. 25. The main account (OCSD-EMD) will be X notified of and can see all messages launched by the other sub - administrator accounts. 26. The system will have a highly granular sub- X administration function that allows for unlimited sub -administrators to create and manage their own users and databases within a nested or silo'ed structure. 27. The system will integrate with Nixle lists, operated X by individual jurisdictions. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 27 of 40 28. The system will publish notifications automatical] X to social media and RSS feeds: 29. 0 Facebook X 30. 0 Twitter X 31. 0 Google This functionality shall be provided via Community Alerts X Engagement. 32. 0 YouTube X 33. 0 WbatsApp X 34. 0 RSS Contractor will provide a CAP RSS feed. X 35. 0 Other (specify) County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 28 of 40 36. Real-time results Contractor shall provide reports for use during emergency reporting and metrics X activations as well as afterwards. The system will provide the will be available to following five types of notification reports, giving the County Users, including, but not needed information on demand. All reports shall be capable of limited to: export. Notification Dashboard Reporting (Real-time Reporting) This dashboard is a reporting system that tracks notifications in real time, allowing the County to observe the results of the broadcast as they occur. The dashboard reporting screen will automatically refresh every 60 seconds, or it can be manually refreshed while the broadcast is active to provide up -to -the -second information. The County will be able to easily access detail -level reporting to see who has received and confirmed messages and who has not. Broadcast Reports The Detailed Broadcast Report will provide detailed breakdowns of each notification sent. Detailed Broadcast Reports will be available online through the Web -based administration console or can also be automatically e-mailed or faxed at the conclusion of a broadcast at County's request. Ad Hoc Re orts The Ad Hoc Report will allow administrators to extract specific data from the system. Ad hoc reports can be downloaded in CSV and PDF format as well as HTML format. Users will be able to retrieve call records via a wide variety of record search and reporting options. Contractor's Ad Hoc Reporting functionality will allow County to pull reports that are important and meaningful for its specific needs, rather than merely provide static report features. Event Analysis Reports The system will provide the ability for multiple messages to be viewed in a single report. Reports may be filtered to include a single notification, or spanning multiple notifications. Using Event Reporting, County will be able to look at all messages/response details related to the same Event in a graphical and "top down" style. Detailed Notification Analysis Reports A detailed Notification Analysis report will allow County to investigate the delivery details, over time and among all users targeted, for any notification campaign launched form the platform. Details about the notification will be included, such as the settings that were configured for the deployment, confirmation status information (with pie chart representation), and the overall number of delivery attempts made over time (with line chart representation). County of Orange MA-060-20010263 File No. CO21209 Sheriff-Comner/Purehasing Services Bureau Public Mass Notification System Page 29 of40 37. 0 percentage of X attempted and completed notifications 38. 0 failure rates X 39. 0 failure modes X (with standard response definitions across sub- contracted carriers) 40. 0 time of delivery X 41. 0 length of delivery X 42. 5 total number X delivered 43. 0 Other 44. Customer support must be treated as a high priority with: 45. 0 one primary Contractor shall offer 24x7x365 Technical Support via point of https:Hwww.everbridge.co m/customers/support/ and at the email contact at the address and telephone numbers listed in Attachment D, Everbridge company Technical Support Services Guide 46. 0 24/7/365 Contractor will provide ongoing support via the Internet, e- mail, emergency X and telephone. Contractor's Technical Support will be available to support line the County at any time of day or night, 24x7x365. (for both administrat Technical Support staff members will be full-time Contractor ors and employees located on -site who are well -versed on Contractor's self- system. Technical Support shall not be outsourced to third parties registration that do not have Contractor's expertise. Additionally, Contractor accounts) shall have support personnel deployed at all of its offices around the world. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 30 of40 47. 0 live chat 48. 0 screen- Contractor support personnel will initiate a Zoom session sharing (corporate approved standard for secure meetings and tools collaboration) with County to provide support if necessary. 49. 0 one Contractor shall meet support timelines outlined in Attachment D, business Everbridge Technical Support Services Guide. day deadline for non - emergency support 50. The Contractor will have a County may enter feature requests for the PMNS through transparent method for Contractor's Client Services. All requests will be logged and responding to, prioritizing, tracked by Contractor's development team, and as more clients and implementing feature request similar features, Contractor may include these into the requests and modifications notification platform. Iu regard to "change management," with a 30 day response Contractor will employ the following industry -standard practices time. for controlling changes to the SaaS application code or the database: ❑ Approved, detailed, written specifications from the business group Impact analysis 0 An approval hierarchy that includes at least one company executive ❑ Queue management to ensure that all stakeholders are aware of the approved and pending changes to the system ❑ Documented approvals for applying any changes to the Development, Test, and Production environments ❑ Application code must be checked into a secure code library and checked out of this library to be applied to the Test or Production systems. ❑ Application code or database changes to the Test and Production environments require the use of highly secured passwords that are known only to the developers responsible for migrating application code or database changes. Only the DBA has access to implement database changes. ❑ Back -out procedures ❑ Specification of onboarding and maintenance windows 51. All data entered into the system from any source X will remain the property of the County; data cannot be provided or sold to other entities. 52. Registrants are not Contractor will support this function through its Engagement required to provide their X functionality, as well as through IPAWS. data to the Contractor or other third party, or subscribe to or download an application in order to receive notifications through the system. County of Orange MA-060-20010263 File No, CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 31 of 40 53. Contractor will obtain X County will obtain E911 from all carriers within the County and E911 from all carriers provide the data to Contractor; if, in the future, California law is within the County of updated to allow for the Contractor to receive this data directly, the Orange, California. County and Contractor will work together to transition this process . This will allow County to leverage existing emergency services (E911) databases that provide contact information and are updated on a montlily or quarterly, or yearly basis, allowing for a high level of accuracy. 54. Contractor will geo-code Regardless of the method used to manage the data, if a physical all E911 data following a X address is supplied to the Contractor's platform, Contractor will mutually agreed upon geo-code the address and determine the Latitude/Longitude systematic process. coordinates for the location. These coordinates will then be used to drop a pin on the map (color of the pin will be defined by County and based on Record Type, as described above) in the Universe tab for recognition and inclusion in notification deployments. System will allow County to also specify the precision level of the GIS information utilized in the Contractor's solution through the Precision GIS functions, which can enhance the level of accuracy and will allow the County to directly handle "centroid" geocoding challenges they may experience. 55. The system will have System will allow geocoding to be conducted using Contractor's more than one geo- X inherent geo-coding or County may leverage Precision GIS coding system or capabilities and supply its own geo-coding. process. 56. The Contractor will code residential and X business lines. 57. The Contractor will upload E911 data that X has been geo-coded and identified as business/residential. 58. The Contractor will upload E911 data that X has been geo-coded and identified as listed and unlisted. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 32 of 40 59. The Contractor will maintain data for opt- X outs from the E911 data and ensure that new uploads accommodate these opt -out requests. 60. The system will flag failed notifications for specific causes and allow X the County to configure rules for failed notifications (e.g., mark failed call numbers or bounced entails to be resolved by County personnel). 61. The system will support contact lists of X unlimited length. 62. The system will support nested contact lists (e.g., X List I includes Sublist A, B, C; List 2 includes Sublist A & C; List 3 includes Sublist B & C) 63. The Contractor will % County may contact Contractor's 24x7x365 tech support team analyze the results of with questions regarding, or for support on, data management and each system use to review of communication campaigns. identify if there are data management errors and identify possible improvements in data management processes. 64. The system must incorporate Coding X Accuracy Support System (CASS) certified address entry in all entry portals. 65. The Contractor will host training as requested by County: 66. 0 in -person at Not applicable (system already implemented) system X implementati on County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 33 of 40 67. 0 in -person Available at an additional cost on an as- X requested basis 68. 0 interactive Available at an additional cost webinar X 69. 0 recorded Contractor will provide (free) access to Everbridge University, an computer X online learning environment that has tutorials with videos that show based how the system works. Online help is built into the notification trainings platform and will open in a new window and assist a user in the process of sending a notification. 70. Contractor shall provide Contractor will provides multiple levels of documentation to a comprehensive User X assist County in the process of managing the notification system, guide detailing all including: system features and ❑ Everbridge Mass Notification User's Guide —Full functions. documentation of the features of the notification platform ❑ Everbridge Mass Notification Quick Start Guide —Focused on the areas that will allow a user to use the notification functions of the system ❑ Everbridge Mass Notification Application Programming Interface (API) Guide —Starting point for software engineers to write applications that harness the strength of the Contractor's platform allowing for full integration with County systems ❑ Everbridge University Online (Video Tutorials) ❑ Everbridge Online Help —See #69 above Everbridge One Sheets —Isolate common tasks and help a user do everything, including send a notification, edit a contact, or make a selection from the map 71. The Contractor will provide free testing and X training by the County and Sub -administrator accounts. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Pumhasing Services Bureau Public Mass Notification System Page 34 of 40 72. The system will have a testing environment with X safeguards to ensure that training and testing do not occur using E911 data unless the User intends to do so. 73. The system will have a self -registration portal that allows both external (the X public) and internal (agency employees) individuals to register multiple contact methods with and without setting up an account. 74. The system will provide the public with a single -screen X interface through which Registrants can opt -in to notifications originating from multiple jurisdictions or agencies. 75. The public web interface for Registrants will be of X responsive design capable of displaying clearly on mobile, tablet, and desktop devices. 76. The system's Registrant interface will meet or X exceed the requirements of Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines (WCAG). 77. The system will allow Registrants to update X their own contact data via an online portal or mobile application. 78. The registration portal will allow Registrants to X create an account with either an email address or telephone number. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 35 of 40 79. The registration portal will require the X Registrant to validate their contact information. 80. The registration portal will incorporate CASS X certified address entry and validation before allowing the Registrant to finalize. 81. The registration portal will incorporate an X automatic geo-coding validation before allowing the Registrant to finalize, including allowing the Registrant to manually move the point mapped if correction is needed. 82. The registration portal geo-coding software X will update parcel and address data no less than bi-annually, so as to capture newly constructed homes and businesses. 83. The registration portal X The registration portal can be configured by County to include any will be available in at language desired. County may also enable the system's Google least the following Translate functionality, which allows the user of the page to select languages: the desired language and all content on the page will be displayed in the selected language (auto -translation provided through Google Translate). 84. 0 Arabic X 85. 0 English X 86. 0 Farsi X 87. 0 Korean X County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 36 of40 88. 0 Spanish X 89. 0 Vietnamese X 90. Registrants will be able to choose what types of X alerts to receive and what devices to receive them on, such as: 91. 0 Weather alerts X 92. 0 Road closings X 93. 0 School closings X 94. ❑ Special announcemen X is 95. At registration, This would be configurable At Risk or Needs Identification (e.g., Registrants will be able to X Bedridden, Oxygen) provide vulnerability data. 96. The system will be able to detect Video Relay X Services (VRS) used by the deaf and hard of hearing community. Messages will be delayed until the VRS interpreter becomes available or the message will be looped for up to 3 minutes. 97. During an alert Although Contractor does not support this functionality, a similar notification, the system X result may be accomplished by using Contractor's automated will provide Registrants language translation capabilities within the Scenarios. with language options upfront (ex. Press 1 for English, 2 for Spanish, etc.). 98. The service will support non-English character sets X and right- to -left text for email and TTY messages. Comity of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 37 of 40 99. The system will allow Contractor's Mass Notification platform offers SMART Weather for configuration of X Alerting which leverages Weather Decision Technologies' (WDT) automated forwarding meteorological resources to enhance and optimize over 150 severe from other systems (e.g., weather alerts such as lightning, tornadoes, thunderstorms, hail, ice, National Weather snow, extreme temperatures, high winds, flash floods, and flooding. Service). SMART Weather Alerting provides location -specific severe weather alerts at the speed of click. An automated rules engine supercharges the speed and accuracy of alert delivery, so notifications get to the right people right away. Available at an additional cost. 100. The system will be Contractor's system will provide ease of use for both message intuitive, easy to learn, X senders and recipients. The system will provide an intuitive and use best practices in interface that allows for administrators to send messages and User interface and User navigate the system easily. For new notifications, the system will design. provide a single page workflow that will allow County to specify message type, message content, target audience, and deployment options (such as devices to target, number of contact cycles, etc.). County will be able to launch notifications even more quickly using Contractor's Notification Templates, whereby various elements of the notification deployment may be defined ahead of time — reducing the selection of the options to send the notification when needed. 101. The web interface for Users will X provide responsive design capable of displaying clearly on mobile, tablet, and desktop devices. County of Orange MA-060-20010263 Pile No. CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 38 of 40 102. The system will include Contractor's system will support the ability to launch new and a mobile app for iOS and X template broadcast to both individuals and groups of individuals, Android that allows manage messages, and view reports from smartphones and tablet Users to send public devices. Mobile app support for iOS and Android devices will be notifications to on -the- provided to County. Authentication on the mobile platform is fly generated geo-located through HTTPS connections utilizing 2048- bit encryption. No areas. information is cached locally within the app. Contractor will also provide a universal browser interface that functions among any smartphone or tablet devices, including BlackBerry and Windows Mobile. 103. The service will integrate X The system will integrate with incident management systems via with incident management Contractor's Incident Communication and Email Ingestion systems, such as functionality or through custom development using JSON-based WebEOC, so that alerts RESTfid API. can be activated from WebEOC Input or Display mail Ingestion is available at an additional cost (Incident views. Communication is included in County's Scope of Work). 104. The system will have a X Contractor will provide the ability to create and send quota -based robust responder notifications by using Polling Notification with Quota enabled. notification function that County will have the ability to specify a certain number of positions allows for advanced to be filled. Once deployed, the quota notification will start polling functions and the contacting the pool of candidates and continue until enough ability to stop calls once a successful responses are provided to fill the quota count. Once the set threshold of responses quota is filled, the system will automatically stop calling the group. is reached. County can use Contractor's follow-up capability to re - communicate to any desired audience —such as those who confirm receipt after the quota is filled —very quickly. 105. The system will have X Contractor's system will provide Conference Notifications, the ability to directly whereby a notification is deployed to County recipients and if link notification received via phone, they will join the call immediately; if received recipients to an internal via text message, all dial -in and passcode information is included to conference call. allow the end user to connect to the call. Contractor will provide four (4) inherent conference bridge lines for County to use. County may customize Contractor's service to support its own conference systems for an additional cost. 106. The system will provide the ability for two-way X text and email communication. 107. Responses to X Responses and confirmations from recipients will be reported back notifications can be sent to the Contractor's platform whereby authorized client via email or text directly administrators (including those that initiated the communication) to the User sending the may review them through Contractor's reporting options. message, system administrators, or members of a User - defined group. County of Orange MA-060-20010263 File No. CO21209 Sheriff-Coroneu'Pumhasing Services Bureau Public Mass Notification System Page 39 of 40 108. The system will be able to export the polygon X created for the notification in shape file, ICML., and CSV. 109. The system will Contractor will schedule notifications to accomplish this upon automatically send all County request. Additionally, rules or filters can be developed to Registrants a yearly, bi- only target the users that have not recently updated their contact yearly, or quarterly X information. email reminding them to update their information. This message can be configurable by a User. 110. The system will be able to manually bulk upload X data via CSV or Excel and automatically via SFTP. 111. The system will have an audit functionality that X allows authorized Users to review system access and activity for up to 18 months. County of Orange MA-060-20010263 File No, CO21209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 40 of40 1 MOU Alert OC Mass Notification Final Draft (Reviewed by COCO) Final Audit Report 2021-05-21 Created: 2021-05-21 By: Janell Harriman Qharriman@ocsd.org) Status: Signed Transaction ID: CBJCHBCAABAAIV5WZcUzTZoGZeugwnr97kL1gN8JVox rr1_MOU Alert OC Mass Notification Final Draft (Reviewed by C OCO)° History f) Document created by Janell Harriman Qharriman@ocsd.org) 2021-05-21 - 3:29:12 PM GMT- IP address: 12.24.53.132 P4 Document emailed to Wendy Phillips (wendy.phillips@coco.ocgov.com) for signature 2021-05-21 - 3:30:32 PM GMT Email viewed by Wendy Phillips (wendy.phillips@coco.ocgov.com) 2021-05-21 - 3:31:18 PM GMT- IP address: 206.194.127.242 d© Document e-signed by Wendy Phillips (wendy.phillips@coco.ocgov.com) Signature Date: 2021-05-21 - 3:43:11 PM GMT - Time Source: server- IP address: 206.194.127.242 Agreement completed. 2021-05-21 - 3:43:11 PM GMT Q Adobe Sign