HomeMy WebLinkAboutStaff Report 305-07TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: POLICE
JULY 16, 2007 CMR:305:07
APPROVAL OF A FIVE-YEAR CONTRACT IN AN AMOUNT NOT
TO EXCEED $275,000 WITH NTI GROUP, INC. FOR A FULLY-
HOSTED AND MANAGED COMMUNITY ALERTING AND
EMERGENCY NOTIFICATION SYSTEM -CAPITAL
IMPROVEMENT PROGRAM PROJECT NUMBER TE-07001
RECOMMENDATION
Staff recommends that Council authorize the City Manager or his designee to execute a contract in
an amount not to exceed $275,000 with NTI, Inc. for the procurement of a community alerting and
emergency notification system.
BACKGROUND
As a result of public concerns following the Palo Alto floods of 1998, it was determined that a
methodology for notification of disasters and/or emergencies by the City to residences and
businesses was necessary. A Blue Ribbon Task Force, consisting solely of citizens, was tasked with
researching available mass-notifications options and eventually recommended the Teleminder
notification system.
While the Teleminder notification system was recognized as leading edge technology at the time
and a viable means of immediately notifying the segment of the population in imminent danger of
an emergent situation, the timeliness of the notifications were delayed if the segment of the
population for notification was of any significant geographical size. As a result, only a limited
segment of the community is contacted while the remainder of the population remains generally
uninformed of the situation.
The Teleminder notification system uses 16 dedicated telephone lines and is augmented with 32
additional City PBX lines rerouted when needed for Teleminder usage. While the transfer was
activated, the use of facsimile machines and other City PBX lines was prevented. Using a 30-
second message, it would take hours - sometimes more than 24-hours - to notify the entire
community of an emergency situation. The Teleminder relied upon telephone numbers from the 9-
CMR:305:07 Page 1 of 10
1-1 database to outreach to the community. Two of the significant problems with relying upon the
9-1-1 database were a restriction for use of the system for emergency notifications only, and the
potential for outdated information as the City received updated data on a monthly basis.
It became apparent, that the Teleminder system would no longer meet the needs of the City and in
2006, the City Council authorized funding through a CIP project to procure a replacement
community alerting and emergency notification system. As part of the Fiscal Year 2006-07 budget
process, the City Council authorized CIP project number TE-07001. Following extensive research,
the City developed specifications and requirements and issued a Request for Proposal (RFP) on
February 27, 2007. During the Fiscal Year 2007-08 budget process, the City increased the
allocation for this CIP by $125,000 for the two proposed additional years. A copy of the bid
proposal is provided in Attacl~-nent B.
DISCUSSION
Attachment A to this report is the contract with NTI Group, Inc. (NTI) for annual services related to
providing a fully-hosted and managed community alerting and emergency notification system. NTI
is a privately held company that provides comprehensive communication systems designed
specifically for local, regional, State, and Federal government entities to enable rapid dissemination
of critica! information via voice and text devices.
Keeping pace with the quickly changing technology market and responding to a desire by
government agencies to outreach to large numbers of residents through a variety of means and for a
variety of proposes, community alerting and emergency notification systems have changed.
Increasingly, public agencies no longer rely upon dial-up systems that they own and operate and opt
to contract with fully hosted and managed alerting systems that offer diverse functionality and offer
the ability to reach out to tens of thousands of residents simultaneously.
Community Input
The City conducted an inclusive process that included community involvement in the bid
requirement, evaluation and solicitation process, as well as interdepartmental meetings throughout
the process.
To assist in the bid requirement and needs development process, Palo Alto Neighborhood (PAN)
leaders conducted a survey of their membership. Although admittedly unscientific, the PAN leaders
received feedback from all 27 neighborhood associations and 49 percent of the membership
indicated they were unhappy with the timeliness of the current alerting system and 77 percent
wanted a better system for community-wide notifications on emergencies and crime. Many
preferred notification via an alternative means (e.g., text messaging or email).
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PAN leaders represented their membership through the entire selection process, participating in the
evaluation process, demonstrations with the two finalist vendors, selection review and currently
participate on the community/interdepartmental policy development working group that will have
oversight responsibility as the new alerting system is implemented.
Along with PAN members, the City partnered with the City of Menlo Park on the bid process, with
Police Department staff participating both jointly and individually in the evaluation process. The
bid process was structured so that additional area communities could participate in the process and
procure the same system in collaboration with the City of Palo Alto, or select a different vendor that
might more closely meet their needs.
Summary_ of Solicitation Process
The City outreached directly to approximately 20 community alerting and emergency notification
vendors who offered a fully-hosted system, a hardware-software solution that the City would
purchase, and a hybrid of the two solutions. It was important to City staff that the bid process be as
open as possible, to ensure it had the opportunity to evaluate all the solutions that were available in
the notification system market. The chart below provides an overview of the bid process.
i Community Alerting and Emergency
PROJECT NAME/NUMBER i C0mm~nications System " RFP Number
.... 120880
PROPOSED LENGTH OF PROJECT Phased implementation over 90 days
’following contract signing - Five year
i contract
NUMBER OF PROPOSALS MAILED TO 25, plus published on City of Palo Alto
VENDORS Website under Open Solicitations and local
media articles
i TOTAL DAYS TO RESPOND TO RFQ ’ 21 Business Days :}
i PRE-PROPOSAL MEETING Yes 20 vendors participated in
¯m~dat0ry pre:bid conference
I NUMBER OF PROPOSALS RECEIVED Eight ]
SOLICITATION PRICE RANGE .....~ $5,500* - $132,575 (per year)]
* Various vendors required additional per minute usage charge ranging from .05
cents to .30 cents per minute. Additional one-time set-up, training and other
required implementation fees would be required.
CMR:305:07 Page 3 of 10
Two vendors contacted the City following the mandatory pre-bid conference to indicate withdrawal
from the process, and it is assumed that others did not submit applications because they did not
meet the City’s bid requirements.
As part of the proposal review and vendor selection process, the Police Department put together an
evaluation committee consisting of PAN leaders and other key persormel from a number of City
departments. The committee evaluated each of the eight proposals submitted by vendors, consulted
with Purchasing and City Attorney’s office and screened out the proposals based on non-
compliance with the required specifications. Each of the proposals was individually and carefully
screened for adherence to the specifications.
The City evaluated proposals based on the following criteria:
Compliance with Bid Format
Quality of Proposal
System Design
Overall Integration
Quality of System Components
Bidder’s Experience
References
Acceptance of the City’s Contract Terms
Ease of Use and Quality of Public Access
Although each of the vendors’ proposed solutions
Committee’s evaluation, and provides an overview
proposals.
had merits, the chart below outlines the
of the scoring and ranking of the vendor
TOTAL
POINTS --
MAXIMUM 377 ! 374 i 137 i 266 . 287 i 293 223 287
POINTS 500 .......-
RANKNG ...................l 1 ..................12 .................................7 ...............~ 5 .....................I 4 ..........................3 ....................... ...... ................. ........ ..............
PERCENTAGE
OF TOTAL 75% i75%27% i 53%57%59%!45%57%
AVAILABLE
POINTS
CMR:305:07 Page 4 of 10
Both NTI and 3N were invited to participate in a full day of demonstrations. The Department
invited members of the City Council, the Human Relations Commission, all City departments, as
well as the community and media to attend the demonstrations. City staff from Stanford University,
the City of Milpitas, East Palo Alto and Menlo Park sent personnel to the demonstrations. In
addition, the City solicited assistance from the community to participate as recipients of messages.
A number of PANDA members volunteered and participated in the process, receiving multiple calls
during the day and providing the City with feedback on the two solutions. This process gave
working group members from the evaluation team the opportunity to ask additional questions of the
two finalist vendors to assist in the evaluation process, and afforded the opportunity to other City
staff and members of the community to be a part of evaluation process. The City had attendees
complete a survey card (Attachment C) providing feedback on the systems they were seeing.
The chart in Attachment D provides an overview of the important functional needs and
demonstrated compliance by each vendor with the critical system requirements. In addition to NTI
being the vendor of choice by individuals attending the vendor demonstrations, the attached chart
confirms that NTI was able to demonstrate full compliance with the system specifications.
Reference checks were conducted on NTI and the Connect-CTY product. Each of the user agencies
rated it highly and recommended the system. The Connect-CTY product was used to communicate
with local community members and evacuees, as well as public agency personnel following the
Katrina disaster. The City of Menlo Park conducted an independent evaluation process and selected
NTI Connect-CTY as well. Stanford University staff who are also interested in securing a
community alerting system opted against NTI, as the system doesn’t currently dial international
numbers and it has a large population of students and professors with international wireless phone
numbers. Stanford has been approached by City staff to consider letting the City utilize a
distribution list for communication with Stanford personnel and students in the event of an
emergency, and is considering this request.
Features and Functionality of NTI Connect-CTY System
Some of the most important factors that led to the City selecting NTI’s Connect-CTY system are its
multi-purpose functionality capabilities; all-inclusive access with technical and operational support;
public relations assistance; and most important, unlimited use of the Connect-CTY system for
routine, urgent and emergency outreach to its first responders, City staff, the public and outside
agencies. With the payment of one annual fee, the City can use the system for any purpose it deems
appropriate for communicating with City employees and community groups.
The NTI system has the ability to make upwards of a million calls per hour and has service level
ageements with multiple telecommunications carriers (landline, wireless, and Voice over Internet
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Protocol (VolP) from multiple locations across the nation to deliver voice recordings, email and
Short Message Service (SMS) text messages to wireless devices to City staff and the public.
Although the NTI system has the ability to deliver upwards of a million messages per hour, an
important consideration is the capacity of the local telephone central office network capacity to
deliver voice messages without overburdening and degrading the ability for the public to dial 9-1-1
or make other phone calls from their landlines. City staff worked with AT&T and confirmed that
the local central office network capacity is approximately 22,000 calls per minute. Although not all
messages will be delivered via landline phone lines that route in this manner, with the increasing
number of wireless devices, the City wanted assurance that the rapid and mass delivery alerting and
notification system would not compromise the ability for residents to use their landline telephones
from a local business or residence in an emergency while notifications are sent. The City has
verified that the NTI network relies upon scientific algorithms that throttle back and manage the
delivery of calls so as to not overburden the local phone systems. It has also confirmed with other
users of the NTI Connect-CTY product that they have not experienced this problem, relying on the
system to deliver tens-of-thousands of messages simultaneously. In addition, the City can assist by
delivering messages to defined areas or groups gradually and still reach large numbers of
individuals quickly and efficiently.
The Connect-CTY system will be fully integrated with the City’s robust Geographical Information
System (GIS). By leveraging the City’s GIS maps, City staff can take advance of already drawn
boundaries for neighborhoods, fire districts and beat patterns, utility zones, and ensuring delivery to
one or multiple locations with a simple and easy process.
One of the problems with the existing Teleminder system is that it required City staff to be present
at City Hall in order to initiate an emergency alert. It was virtually impossible for on-duty
emergency personnel to activate the system, as they were often committed to the emergency itself.
Often times, someone had to be called in, which resulted in additional delays in getting the
notifications started. NTI Connect-CTY system can be accessed from anywhere by any user that
has been authorized by the City to access the system. The alerting and notification system can be
activated by authorized personnel via the Internet, stepping through a user-friendly menu or through
an NTI 24-hour call center. These call centers are distributed across the country to avoid any
localized emergency impact the delivery of messages.
There are a number of ways that messages can be delivered. One is to use pre-determined calling
lists (e.g., neighborhood association members, downtown business owners, PANDA and other
volunteers, department emergency responders, or individuals with special needs, etc.). The NTI
system offers language translation for several languages and will provide the opportunity to listen to
a message recorded in Spanish or other language when receiving a phone call. The NTI Call Center
has personnel that can translate a message for voice and text delivery, or the City could utilize the
translation services accessible through the 9-1-1 system to conference call with the call center and
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have them record a message in a non-NTI supported language. In addition, the system can turn text
messages into voice recordings when the system is accessed for alerting via the Intemet.
For contact numbers in the community, NTI draws from 240 public sources of information and
determines a primary telephone number for each business or residence address in the City. In
addition, residents or business owners can access a profile screen via the Intemet and update the
contact number, provide alternative wireless device SMS numbers, or email addresses. By
providing updated information, the public can request to be notified at an alternate phone number or
email address if, for example, they would like to be notified while at work outside the City of an
event that may be occurring in the City.
Through a carefully timed and comprehensive public outreach progam and in partnership with the
Palo Alto Neighborhood Associations, PAUSD and others, City staff will facilitate access to the
Internet for those that opt to change their profile information and don’t have computer access. The
City has begun this outreach, and the PAN leaders have done an exceptional job on communicating
the features of functions of this new system.
The City will work with the PAUSD to create pre-determined call lists for students, parents and
school administrators to get time-sensitive information out in the event of an emergency at a Palo
Alto school. It was evident with the recent tragedy at Virginia Tech University, that communication
capability during an emergency can be vastly improved through the use of this system. Students,
parents and school officials can be notified instantaneously with critical life-saving information.
The Police Department School Resource Officers will work with school administrators to put this
pro~am in place.
Other System Uses
The capabilities and uses of the system are vast and will be implemented using a phased approach.
Within 30-days of contract signing, the City will begin use of the system - relying upon primary
public numbers and those pre-established lists that are under development. As mentioned
previously, the system can be utilized to enhance routine communication with the public; an
example would be for street closure information. More time-sensitive notifications that are
important or required might include Utilities notification of residents or businesses in power zones
or areas when there is a planned outage. Currently, Utilities must notify the resident that the power
is being turned off to a location or resident by physically sending a Utilities employee to the address
with a flyer. By utilizing the community alerting and notification system, there is no longer the
need to use staff resources for this labor-intensive purpose and residents can be notified while at
work outside the City of a power outage or other related event occurring at their residence or
business.
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Other enhanced communications capabilities with this system will be timely delivery of information
and updates to the media, the City Council and City personnel during an emergency. Using the
system, City departments can poll personne! on their availability to respond to work during an
emergency incident. The recipient can use a keypad to respond to questions. Through timely
communication, City staff can more effectively manage resources and pace the response of
personnel over several hours for prolonged emergencies. The City could opt to utilize this same
feature to poll specific residents, for example, to elicit feedback from residents on the success or
failure of traffic calming techniques in a given neighborhood.
Along with enhanced communication with the community, there is the opportunity for improved
communications capability for City personnel. Through this system, each authorized user can
establish up to six individual distribution lists that are specific to them. For example, the Public
Information Officer can establish a media list for timely and effective delivery of information to the
press.
Because the potential uses for a system as robust as the NTI Connect-CTY system are vast, the City
has established an interdepartmental and community representative working group to establish a
City policy that will govern the use of this system. Although the emergency uses for such a system
are easy to determine, City staff want to work together with the community and businesses to
establish priorities and ensure the system doesn’t result in over-communication with the public,
resulting in desensitizing the effectiveness of the system when a true emergency message is sent
out. Following full implementation, the Community Alerting and Emergency Notification Policy
will transition to the Emergency Preparedness Steering Committee and Working Group for
oversight and updates.
Cost-Benefit
NTI system pricing was mid-range for the proposals, but was higher than the other finalist vendor
for the annualized fee for service system proposed. However, NTI was the only vendor that offered
an all-inclusive package (public relations and outreach support, training, technical integration of
GIS and other related services), along with unlimited use of the system for one fixed annual fee.
The City determines when the system is needed and is not constrained by limiting its use due for
routine communication because of a concern over price. In addition, the City was able to negotiate
a $12,500 per year reduction over the $62,500 per year annual fee proposed by NTI during each of
the first three years, by entering into a multi-year agreement.
Although selecting a system that offered the City the maximum benefit and flexibility in such an
important system, price was also important given the City’s fiscally challenging environment. The
fee for service price is based on the number of residence or business addresses in Palo Alto
(approximately 22,500). Based on this figure, this system will cost the City roughly $2.20 per
address for an entire year of enhanced communication and rapid emergency alerting with the public.
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If resident population is used, that figure is reduced to less than $1 per person. That figure is further
reduced when one takes into consideration that multiple pre-determined call distributions lists can
be created for each location with numerous individuals (e.g., students, parents and administrators
for each school).
Implementation and Training
The Police Department will continue to serve as lead project manager on this effort and will
continue to work with the Fire Department’s Office of Emergency Services and other City
departments to effectively implement this system. It is expected that the system will be fully
implemented (all pre-determined distribution lists, community outreach, etc.) within 90 days of
contract signing.
Brochures, links via the City’s website will be added and other tools and resources as determined by
the interdepartmental working group.
The final policy will be incorporated into the City’s Emergency Plan.
RESOURCE IMPACT
Funding in the amount of $275,000 has been authorized by the City Council through the CIP
process and managed through the Technology Fund for this five-year contract.No additional
funding is required.
POLICY IMPLICATIONS
This agreement is consistent with existing City policy.
ENVIRONMENTAL REVIEW
This contract service is not subject to CEQA pursuant to Title 14 California Code of Regulations
Section 15061(b)(3), and it can be seen with certainty that there is no possibility of a significant
effect on the environment.
CMR:305:07 Page 9 of 10
ATTACHMENTS
Attachment A: NTI Contract
Attachment B: RFP
Attachment C: Demonstration Survey Tool
Attacl~nent D: Comparison Chart
PREPARED BY:
SHERYL ~,:/CONTOIS
Technical Services Director
DEPARTMENT HEAD:
LYNNE JOHNSON
Police Chief
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR:305:07 Page 10 of 10
ATTACHMENT A
CITY OF PALO ALTO CONTRACT N0.C08120880
AGREEMENT BETWEEN THE CITY OF PALOALTO A!qD
NTI GROUP, INC.
FOR PROFESSIONAL SERVICES
(Community Alerting and Notification System)
This AGREEMENT is entered into July 11, 200Z by and
between the CITY OF PALO ALTO, a chartered city and a municipal
corporation of the State of California ("CITY"), and NTI GROUP,
INC., a Delaware Corporation located at 15301 Ventura Boulevard,
Building B, Suite 300, Sherman Oaks, California ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreen~ent.
A. CITY intends to install high-speed community alerting system
for emergency notification (~Project") and desires to engage a
consultant to provide a fully-hosted, fully managed community
alerting and notifications system in connection with the Project
(~Services") .
B. CONSULTANT has represented that it and any subconsultants have
the necessary professional expertise, qualifications, and
capability, and all required licenses and/or certifications to
provide the Services.
C. CITY in reliance on these representations desires to engage
CONSULTANT to provide the Services as more fully described in
Exhibit "A", attached to and made a part of this Agreement.
D. CONSULT~hNT has agreed to perform the Services on the terms and
conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the recitals,
covenants, terms, and conditions, this Agreement, the parties
agree:
AGREEMENT
SECTION I. SCOPE OF SERVICES. CONSULTI~NT shall perform the Services
described in Exhibit ~A" in accordance with the terms and
conditions contained in this Agreement. The performance of all
Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the
date of its full execution through July 31, 2012 unless terminated
earlier pursuant to Section 21 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the
performance of Services under this AgreemenS. CONSULTANT shall
complete the Services within the term of this Agreement and in
accordance with the schedule set forth in Exhibit "A", attached to
and made a part of this Agreement. Any Services for which times for
performance are not specified in this Agreement shall be commenced
and completed by CONSULTANT in a reasonably prompt and timely
manner based upon the circumstances and direction communicated to
the CONSULTANT. CITY’s agreement to extend the term or the
schedule for performance shal! not preclude recovery of damages for
delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid
to CONSULTANT for performance of the Services described in Exhibit
"A", including both payment for professional services and
reimbursable expenses, shall not exceed Two Hundred Seventy Five
Thousand Dollars ($275,000]. The applicable rates and schedule of
payment are set out in Exhibit "B", entitled ~COMPENSATION," which
is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with
and subject to the provisions of Exhibit ~Bu. CONSULTANT shall not
receive any compensation for Additional Services performed without
the prior written authorization of CITY. Additional Services shal!
mean any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within
the Scope of Services described in Exhibit ~’A".
SECTION 5. INVOICES. In order to re_quest payment, CONSULTANT shall
submit an annual invoice to the CITY describing the services
performed and the applicable charges (including an identification
of personnel who performed the services, hours worked, hourly
rates, and reimbursable expenses), based upon the CONSULTANT’s
billing rates (set forth in Exhibit "B"). If applicable, the
invoice shall also describe the percentage of completion of each
task. The information in CONSULT/~NT’s payment requests shall be
subject to verification by CITY.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services
shall be performed by CONSULT~!T9 or under CONSULTANT’s supervision.
CONSULTANT represents that it possesses the professional and
technical personnel necessary to perform the Services required by
this Agreement and that the personnel have sufficient skil! and
experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subconsultants have and shal!
maintain during the term of this Agreement all licenses, permits,
qualifications, insurance and approvals of whatever nature that are
legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this
agreement shall meet the professional standard and quality that
prevail among professionals in the same discipline and of similar
knowledge and skil! engaged in related work throughout California
under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself
informed of and in compliance with all federal, state and local
laws, ordinances, regulations, and orders that may affect in any
manner the Project or the performance of the Services or those
engaged to perform Se_~-vices under this Agreement. CONSULTANT shall
procure all permits and licenses, pay al! charges and fees, and
give all notices required by law in the performance of the Services
CONSULTANT shall report immediately to the CITY’s project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and/or guidelines in
relation to the Project of the performance of the Services.
All documentation prepared by CONSULTANT shall provide for a
completed project that conforms to all applicable codes, rules,
regulations and guidelines that are in force at the time such
documentation is prepared.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost
~o CITY, any and all errors, omissions, or ambiguities in the work
product submitted to CITY, provided CITY gives notice to
CONSULTANT. If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall
be obligated to correct any and all errors, omissions or
ambiguities discovered prior to and during the course of
co~struction of the Project.This obligation shal! survive
termination of the Agreement.
SECTION 9o COST ESTIMATES. CONSULTANT shall submit estimates of
probable co~istruction costs at each phase of design submittal. If
the total estimated construction cost at any submitta! exceeds ten
percent (10%) of the CITY’s stated construction budget, CONSULTANT
shall make recommendations to the CITY for aligning the PROJECT
design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional
cost to CITY.
SECTION I0. INDEPENDENT CONTRACTOR. It is understood and agreed
that in performing the Services under this Agreement CONSULTANT,
and any person emp!oyed by or contracted with CONSULTANT to furnish
labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
The manner and means of conducting the Services are the
responsibility of and under the control of CONSULTanT, except to
the extent they are limited by applicable law and the express terms
of this Agreement.
CONSULTANT will be responsible for emp!oying or engaging al!
persons necessary to perform the Services. All contractors and
employees of CONSLU~TANT are deemed to be under CONSULTANT’S
exclusive direction and control. CONSULTANT shal! be responsible
for their performance.
SECTION ii. ASSIGNMENT. The parties agree that the expertise and
experience of CONSLFLTANT are material considerations for this
Agreement. CONSLV~TANT shall not assign or transfer any interest in
this Agreement nor the performance of any of CONSULT/uNT’s
obligations hereunder without the prior written consent of the city
manager. Consent to one assignment wil! not be deemed to be
consent to any subsequent assignment. Any assignment made without
the approval of the city manager will be void.
SECTION 12. SUBCONTP~ACTINGo
CONSULTANT shall not subcontract any portion of the work to be
performed under this Agreement without the prior written
authorization of the city manager or designee.
CONSULTanT shall be responsible for directing the work of any
subconsultants and for any compensazion due to subconsultants.
CITY assumes no responsibility whatsoever concerning such
compensation. CONSULTANT shall be fully responsible to CITY for
all acts and omissions of a subconsultant. CONSULTANT shall change
or add subconsultants only with the prior approval of the city
manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTihNT will assign Daniel
Petersen as the project director to have supervisory responsibility
for the performance, progress, and execution of the Services and
as the project coordinator to represent CONSULTANT during the day-
to-day work on the Project. If circumstances or conditions
subsequent to the execution of this Agreement cause the
substitution of the project director, project coordinator, or any
other key personnel for any reason, the appointment of a substitute
project director and the assignment of any key new or replacement
personnel will be subject to the prior written approval of the
CITY’s project manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the
Services in an acceptable manner, are uncooperative, or present a
threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property.
The city manager will represent CITY for all purposes under this
Agreement. Sheryl Contois is designated as the project manager for
the CITY. The project manager will be CONSULTThNT’s point of contact
with respect to performance, progress and execution of the
Services. The CITY may designate a~. alternate project manager from
time to time.
SECTION 14. DUTIES OF CITY. To assist CONSULTANT in the
performance of the Services, CITY will furnish or cause to be
furnished the specified services and/or documents described in
Exhibit "A" and such other available information as may be
reasonably requested by CONSULT.~NT.
SECTION 15. OWNERSHIP OF MATERIALS.
15.!. The City acknowledges and agrees that the Connecty-
CTY Service (the, ~Service"), and all training guides, and NTI data
and materials to the City pursuant to the use of the Service, are
not purchased or developed with City funds. Accordingly, nothing
in the Agreement grants or transfers to the City any ownership
rights in the foregoing materials. Neither CONSULTANT nor its
contractors, if any, shall make any of such materials available to
any individual or organization without the prior written approval
of the city manager or designee.
15.2. In addition to the provisions of Subsection 15.1.,
above, the following shal! apply to documents, and electronic
equivalents (collectively "Plans") deve!oped pursuant to this
Agreement:
15.1.1. CITY shal! have the right to reproduce and
use the Plans for purposes of the Project that is the subject of
this Agreement for training purposes of the Project.
15.2.2. CITY shall have the right to reproduce,
use and modify the PLA:MS, or portions thereof, in the design and
construction of any other future CITY project. CITY acknowledges
that CONSULTANT does not warrant the suitability of the PLANS for
reuse other than as needed for the Project that is the subject of
this AGREEMENT.
15.2.3. The right of the CITY to modify and reuse
the PLANS pursuant to this Subsection 15.2. is subject to the
provisions of California Business and Professions Code Sections
5536.25, 6735, 6735.3 or 6735.4, whichever is applicable.
SECTION 16. AUDITS° CONSULTANT will permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’s records pertaining to matters
covered by this Agreement. CONSULTA:~T further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Agreement.
SECTION 17. INDEMNITY. To the fullest extent permitted by law,
CONSULT~NT shall protect, indemnifyl defend and hold harmless CITY,
its Council members, officers, employees and agents (each an
~Indemmified Party") from and against any and all demands, claims,
or liability of any nature, including death or injury to any
person, property damage or any other loss, including al! costs and
expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements ("Claims") that arise out of, pertain
to, or relate to the negligence, recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it
is caused in part by an Indemnified Party.
Notwithstanding the above, nothing in this Section 17 shall be
construed to require CONSULTD~T to indemnify an Indemnified Party
from Claims arising from the active negligence, sole negligence or
willful misconduct of an Indemnified Party.
The acceptance of CONSULTIuNT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The
provisions of this Section 17 shall survive the ex!3_iration or early
termination of this Agreement.
SECTION 18. WAIVERS. The waiver by either party of any breach
or violation of any covenant, term, condition or provision of this
Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law.
SECTION 19, INSURANCE.
19.1.CONSULTANT, at its sole cost and expense, shall
obtain and maintain, in full force and effect during the term of
this Agreement, the insurance coverage described in Exhibit "C".
CONSULTA~NT and its contractors, if any, shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured
under any general liability or automobile policy or policies.
19.2.All insurance coverage required hereunder shall
be provided through carriers with Best’s Key Rating Guide ratings
of A-:VII or higher which are admitted to transact insurance
business in the State of California. Any and all contractors of
CONSULTA~NT retained to perform Services under this Agreement will
obtain and maintain, in full force and effect during the term of
this Agreement, identica! insurance coverage, naming CITY as an
additional insured under such policies as required above.
19.3.Certificates evidencing such insurance shall be
filed with CITY concurrently with the execution of this Agreement.
The certificates wil! be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating the insurance
company wil! endeavor to provide (30) days written notice of
cancellation (i0 days if for nonpayment of premium) to the City and
that the insurance is primary coverage and will not be canceled, or
materially reduced in coverage or limits, by the insurer, who will
endeavor to provide thirty (30) days’ prior written notice of the
cancellation or modification to the Purchasing Manager, CONS’~JT~NT
shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CI~f’s Purchasing Manager
during the entire term of this Agreement.
19.4.The procuring of such required policy or
policies of insurance will not be construed to limit CONSULTanT’s
liability hereunder nor to fulfil! the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of
insurance, CONSULT/hUT will be obligated for the full and tota!
amount of any damager injury, or loss caused by or directly arising
as a result of the Services performed under this Agreement,
including such damage, inju_--y, or loss arising after the Agreement
is terminated or the term has expired.
SECTION 20. WORKERS’ COMPENSATION. CONSULT/uNT, by executing this
Agreement, certifies that it is aware of the provisions of the
Labor Code of the State of California which require every employer
to be insured against liability for workers’ compensation or to
undertake self-insurance in accordance with the provisions of that
Code, and certifies that it will comply with such provisions, as
applicable, before commencing and during the performance of the
Services.
SECTION 21.TE~MINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
21.1.The city manager may suspend the performance of
the Services, in whole or in part, or terminate this Agreement,
with or without cause, by giving ten (I0) days’ prior written
notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the
Services.
21.2.CONSULTANT may terminate this Agreement or
suspend its performance of the Services by giving ten (i0) days
prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
2!.3.Upon such suspension or termination, CONSULTANT
shall deliver to the City Manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONSULTANT or its contractors, if
any, or given to CONSULTANT or its contractors, if any, in
connection with this Agreement. Such materials will become the
property of CITY.
21.4.Upon such suspension or termination by CITY,
CONSULTANT will be paid for the Services rendered or materials
delivered to CITY in accordance with the scope of services on or
before the effective date (i.e., i0 days after giving notice) of
suspension or termination; provided, however, if this Agreement is
suspended or terminated on account of a default by CONStVhTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY as such determination may be made by the City Manager acting
in the reasonable exercise of his/her discretion
21.5. No payment, partial payment, acceptance, or
partial acceptance by CITY wi!l operate as a waiver on the part of
CITY of any of its rights under this Agreement.
SECTION 22.NOTICES.
All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager.
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 23. CONFLICT OF INTEREST.
23.1.In accepting this .Agreement, CONSULTANT
covenants that it presently has no interest, and will not acquire
any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the
Services.
23.2.CONSULTanT further covenants that, in the
performance of this Agreement, it will not employ subconsu!tants,
contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial
interest under this Agreement is an officer or employee of CITY;
this provision wil! be interpreted in accordance with the
applicable provisions of the Palo Alto Municipal Code and the
Government Code of the State of California.
23.3. If the Project Manager determines that CONSULTANT
is a ~Consultant" as that term is defined by the Regulations of the
Fair Political Practices Commission, CONSULTANT shal! be required
and agrees to file the appropriate financial disclosure documents
required by the Palo Alto Municipa! Code and the Political Reform
Act.
SECTION 24. NONDISCRIMINATION. As set forth in Palo Alto Municipal
Code section 2.30.510, CONSULT~XIT agrees that in the performance of
this Agreement, it shal! not discriminate in the employment of any
person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing
status, marita! stazus, familial status, weight or height of such
person. CONSULTANT acknowledges that it has read and understands
the provisions of Chapter 2.28 of the Palo Alto Municipal Code
relating to Nondiscrimination Requirements and the penalties for
violation thereof, and agrees to meet all requirements of Chapter
2.28 pertaining to nondiscrimination in employment, including
completing the form furnished by CITY and set forth in Exhibit
SECTION 25.MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of
the State of California.
25.2.In the event that an action is brought, the
parties agree that trial of such action will be vested exclusively
in the state courts of California or in the United States District
Court for the Northern District of California in the County of
Santa Clara, State of California.
25.3.The prevailing party in any action brought to
enforce the provisions of this Agreement may recover its reasonable
costs and attorneys’ fees expended in correction with that action.
25.4.This document represents the entire and
integrated agreement between the parties and supersedes all prior
negotiations, representations, and contracts, either written or
oral. This document may be amended only by a written instrument,
which is signed by the parties.
25.5. The covenants, terms, conditions and provisions
of this Agreement wi!l apply to, and will bind, the heirs,
successors, executors, administrators, assignees, and CONSU-mTANTs,
as the case may be, of the parties.
25.6.If a court of competent jurisdiction finds or
rules that any provision of this Agreement or any amendment thereto
is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and
effect.
25.7.All exhibits referred to in this Agreement and
any addenda, appendices, attachments, and schedules to this
Agreement which, from time to time, may be referred to in any duly
executed amendment hereto are by such reference incorpora[ed in
this Agreement and wil! be deemed to be a part of this Agreement.
25.8.This Agreement is subject to the fiscal
provisions of the Charter of the City of Palo Alto and the Pa!o
Alto Municipal Code. This Agreement wil! terminate without any
penalty (a) at the end of any fiscal year in the event that funds
are not appropriated for the following fiscal year, or (b) at any
time within a fiscal year in the event that funds are only
appropriated for a portion of the fisca! year and funds for this
Agreement are no !onger available. This Section 25.8 shall take
precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date
first above written.
APPROVED AS TO FOPd~:
Senior Asst. City Attorney
APPROVED:
NT!GROUP, INC.
Name : Paul L,_~ Ouvanq
Title: President and C.O.O.
(If President o~
CITY OF PALO ALTO By :
Assistant City Manager
Name: Bruce Worman
Title: C.F.O./Treasurer
(If corporation: Secretary or Treasurer)
Director of Administrative
Services Taxpayer Identification No.
20-0597724
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT ~C":
EXHIBIT
EXHIBIT
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
SCOPE OF WORK / SCHEDULE OF PERFOP_MTh, NCE
COMPENSATION
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
NTI REPRESENTATIONS AND OBLIGATIONS
Exhibit A
City of Palo Alto
Community Alerting and Emergency Notifications System
SCOPE OF WORK
The Pato Alto Police Department on behalf of the City of Palo Alto has selected NTI, Inc.
to provide Connect-CTY, a robust and interaction kigh-speed community alerting and
emergency notification system. The system shall have the ability to perform automatic
and simultaneous notifications to members of the public, City Staff and first responders
on a 24x7 basis.
The City of Palo A!to and NTI, Inc. shall work together to implement the NTI/Connect-
CTY system ("community alerting system") for time-sensitive community alerting and
emergency notification. This document outlines the responsibilities that each shal!
undertake through this project. The Scope of Work identifies the three Phases of
Implementation: Data Integration, Training and Launch of the system.
GENERAL REQUIREMENTS
The City of Palo Alto has identified Technical Services Director Sheryl Contois who
shall serve as the City’s Project Manager and shall work with NTI on the implementation
of this system.
NTI, Inc. shall identify a single point of contact for the community alerting system
implementation.
CONTRACT EXECUTION AND PROJECT SCHEDULE
The milestones outlined in this Scope of Work are defined in art implementation schedule
(Attachment X) are based on a July 24, 2007 contract signing date. This contract is based
on the assumption that City Council shall authorize the award of a contract between the
City of Palo Alto and NTI for a community alerting system at a City Council meeting on
June 23, 2007.
The NTI product meets the City’s bid specifications and requirements and provides the
following key items as part of a fully-hosted, fully managed service.
Unlimited use of the system by the City based on a yearly fixed price. There is no
additional charge for calls going to City employees, pro-determined lists -,
neigdaborhood groups, volunteer groups, or other identified ~oups established by
the City of Palo Alto.
There are no additional fees for set-up, technical support, or additional phone
lines required by the City for maintenance or training. There are no long-distance
fees.
City of Pal0 Alto
Community Alerting and Emcrgency Notification Syslem
Implementation Scope of Work
Page I of 4
¢"NTI shall provide all available residential and business phone numbers as part of
the system and these public numbers shall be updated monthly - these numbers
will be based on phone numbers collected from more than 210 public information
providers and the database is cleansed using state-of-the-art industry standard
techniques to ensure accuracy.
~" Integrated use of the City’s Geographic Information System (GIS) to allow
targeted alerting from a single household or area or to the entire community - NTI
Group will use cities GIS shape flies to create calling groups.
¯/ Two-way communication asking the recipient of the message to response to
questions via their phone keypad.
-/ Messages can be delivered via recipients’ landline, cell phone, wireless text-based
device, and emait accounts.
,/ Message tracking and a series of comprehensive reports
NTI provides geographically dispersed data centers and agrees to maintain redundant
Telephone Company providers. In addition, it shall provide call routing, throttling, and
load balancing through tested algorithms, to ensure that based on the local telephone
exchange carrier’s bandwidth, calls shall be delivered quickly and efficiently, without
overburdening the local telephone network.
PHASED IMPLEMENTATION
NTI and the City Project Manager shall hold at a minimum a weekly conference call to
discuss the project status. The date/time will be mutually agreed upon in advance.
NTI shall provide the City with a Public Relations contact from iN~I and provide the City
with sample public relations material. NTI shall work with the City to develop public
education and outreach materials to information the community, city staff and the media
with information on the new Connect-CTY community alerting system. Documents not
previously created in templates can be co-created between City and NTI.
The Connect-CTY shall be available for a soft-launch on August 27, 2007 relying on the
initial Primary Contacl Numbers supplied by NTh
The City intends to use the months of August and September for distribution list
development, public outreach, primary contact information updates and complete and
thorough testing of the distribution lists and map boundaries.
The City intends to fully implement the system no later than October 1, 2007.
PHASE I -- DATA INTEGRATION
The City shall provide NTI with an electronic copy of the City’s Geographic Information
System (GIS) base map with boundary information. The City shall facilitate discussions
between City GIS staff and NTI Technical staff to review maps. Although the City and
NTI shal! work together to identify and resolve conflicts with the data, it is NTI’s
City of Palo Alto
Community Alerting and Emergency Notification System
lmp!ementation Scope of Work
Page 2 of 4
responsibility to ensure the base map information is properly loaded and accessible for
use by the City of Palo Alto for use with the community alerting and notification system.
The City shall provide NTI with a City employee and staff data and review electronic
format with NTI Technical staff.
NTI shall prepare residential and business data and load residential and business data
information to determine Primary contact number for each location.
The City and NTI shall work together to review and validate the data loaded in the City
of Palo Alto’s community alerting system. It shall be the responsibility of NTI to load
this information into the Pa!o Alto community alerting system.
The City shall identify the caller-ID, web portal and email ID and work with NTI staff to
identify and resolve any conflicts with this information. It shall be the responsibility of
NTI to load this information into the Palo Alto community alerting system.
PHraSE II - TRArNrNG
The City of Palo Alto shall work with NTI to identify the various levels of users, create
user accounts and identify the roles and rigahts of City staff to utilize and activate the Pato
Alto community alerting system.
NTI shall be responsible for creating department and agency information for access to the
Palo Alto community alerting system.
NTI shall conduct Administrative User training (approximately 90 minutes) at I0 a.m. on
August 9, 2007 or on another mutually agreed upon date or method for training delivery
(e.g., web training).
NTI shall conduct General User training (approximately 90 minutes) on August 14, 2007
at 10:00 a.m. and 2:00 p.m.; August !6, 2007 (2 p.m.); August 21, 2007 (10 a.m. and
2:00 p.m.); August 23, 2007 (2pm) and one evening class To Be Determined.
PFL~SE III- LAUNCH
NTI shall host a Public Relations Conference cal! on July 31, 2007 at 10:00 a.m. PDT.
NTI Public Relations staff shall provide the City with a draR media campaign materials
including a draft article and other related publications information no later than August
15, 2007.
The City will work with NTI staffto record and schedule an introductory message for the
initial Primary Contact numbers.
City of Pa!o Alto
Community" Alerting and Emergency Notification System
Implementation Scope of Work
Page 3 of 4
NTI shall assist the City with the launch of introductory ca!l messaging and ensure the
call is delivered correctly.
NTI shall provide 24x7 Customer Care support during the initial implementation and
throu~h the life of the contract to ensure updates and system enhancements are properly
loaded and useable.
City of Palo Alto
Community Alerting and Emergency Notification System
Implementation Scope of Work
Page 4 of 4
Pricing / Compensation Exhibit B
Year One - August 1, 2007 through July 31,2008 ...............$50,000
Year Two - August 1,2008 through July 31, 2009 ...............$50,000
Year Three -August 1, 2009 through July 31, 2010 ............$50,000
Year Four- August 1,2010 through July 31,2011 .............$62,500
Year Five - August 1,2011 through July 31, 2012 ...............$62,500
Total Amount Not to Exceed ..........................................$275,000
EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTI:LACT
OBTAIN AND MAINTAIN INSURANCE INTHE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH A BEST’S KEY RATINGOF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE
BUSINESS IN THE STATE OF CALIFORNIA.
AWARD 1S CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED
YES
YES
YES
YES
TYPE OF COVERAGE
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
WORKER’S COMPENSATION
AUTOMOBILE LIABILITY
COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTP~CTUAL,
AND FIRE LEGAL LIABILITY
NO
REQUIREMENT
STATUTORY
STATUTORY
BODILY INJURY
PRQPERTY DAN~GE
BODILYINJURY&PROPERTYDAMAGE
COMBINED.
BODILYINJURY
EACH PERSON
EACH OCCURRENCE
PROPERTY DAMAGE
BODILYINJURYAND PROPERTY
DAMAGE, COMBINED
ALL DAMAGES
COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED.
HIRED, NON-OWNED
$I,000,000
$1,000,000
$1,000,000
$1,000.000
$1,000,000
$1,000,00Q
Sl,000,OOO
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,00o,ooo
$i,ooo,oo0
$1,ooo,ooo
$1,000,o00
$1,0°0,°°0t
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER. AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, INFULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT. THE INSUP~NCECOVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS
SUBCONSULTANS, IF ANY, BUT ALSO. WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
INSURANCE COVERAGE MUST INCLUDE:
A.A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF
COVERAGE CANCELLATION; AND
B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY.
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND
IV THROUGH V, BELOW.
A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
Hartford Insurance Co of the Midwesf g600 wi~man g]vd
San Antonio, TX 78251
B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
Woodruff-Sawyer & COo 2 Park Plaza, Ste. 525 Irvine, CA 92614
C.POLICY NUMBER(S):
72SBAAF9770 _," 72WBChlQ8377 ,-.
City of PaiD Alto -Page 1 of 2
EXHIBIT C
INSURANCE REQUIREMENTS
DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR
APPROVAL):
$500.00
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S
SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED
HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES"
A,PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY tS PRIMARY AND lS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL ENDEAVOR TO PROVIDE CITY AT
LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL ENDEAVOR TO PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME
SIGNATURE(S) AS APPEAR(S) ON SECTION 11, ATTACHMENT A, PROPOSER’S INFORMATION FORM.
Firm:The NTI Group, ~nc.
Signature:
Name:
Signature:
Name:
Bruce Worman
(Print or type name)
(~ype name)
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
City of Palo Alto -Page 2 of 2
i;~RODUCER
Woodruff-Sawyer & Co.
z Park ?hza, Suke 525
Irvine, CA 92614
(888) 6469636
The NT[ Group
15201 Vemura Blvd.
Building B, Suite ~00
CA 91403
ACOROo CERTIFICATE OF
COVERAGES
LIABILITY NSURANCE I 03/02!2007
[THIS CERTIFICATE IS lSSUED AS A MATTER OF INFORMATION
I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
i HOLDER¯ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR~ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
~.suaE.a ~,: Hartford Fire Insurance Company
i~.suRsa s: Lloy_d__~s of London
~.~ISURER C: Safconline LLC
INSURER
INSURER
THE POLICIES OF INSURANCE LISTED BELOW ltAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED¯ NOTWITHSTANDING
ANY REQUIRE,WENT. TERM OR CONDffION OP ANY CONTRACT OR OTHER DOCUMENT WI~ RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL:CIES DESCRIBED H~REIN ;S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
’--’t~i i ~aSONAL ~ aov ~NOU~’," i s I 000 000
OEN’L ,~GGREGATE LIMIT AF#LIES PER: t L PROOUCTS, COMPtOP AGO. _L ..... 2,000,00~+
{ POLICY ~ PRO- ~ LOC ’
AUTO~,~OBILE LIAelLI~57UUN[Z~919 03/02/2007 03/02/2008 COMBINED SINGLE LIMK 1,000,O00
........ I ANY AUTO
57R.HU1ZS884 03i02!2007
i
---- ALL 0’¢#4E0 AUTOS
i~ SCHEDUU:D AUIOS
NON-OWNED AUTOS
~ aF~,~lo,s 10,000
03i02i2008
0310212008
03!30i07
~\ ’,’4ORKeRSCO~,~ENsAr,osAND 57WETQ6619 I 03102!2007I
B OTHER Primary Errors A SEN2006000299 ’03i30i06
Omissions
Issued for Evidence oHnsurance Pu~oses Only
AUTO ONLY
OTHER THAN EA ACC. ~
i$
$
x I WC STATU. !OTH.
E.L. EACH ACCIDENT $[ ,000t000
E.L. DISEASE- EA EMPLOYEE S 1,000~000
ILimit of Liability s $5,000,000
Deductible $$35,000
CERTIFICATE HOLDER I i ADDITIONAL INSURED; INSURER _ETTER:
NTI Group
15301 Vcntura Blvd., Building B, Suite 300
Sherman Oaks, CA 91403
LOAN #:
ACORD 254 (7t97) tO #:
CANCELLATION !0 Day Notice l~rar NoD-Paynmm of Premium
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. IT~ AGENTS OR
@ ACORD CORPO~TION 1988
IMPORTANT
If [he certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights ~o the certificate holder in lieu of such endorsement(s).
If SUBROGATIOtH tS WAIVED, subject to the terms and ccndkions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights ~.o the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Cedificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does if
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7197)
CERTIFICATE OF INSURANCE
Addendum
Date: 0.3/02/2007
INSURED:The NT! Group
15301 Venmra Blvd.
Building B, Suite 300
Sherman Oaks, CA 91403
DESCRIPTION OF OPERATIONSiLOCATIONSNEHICLESISPECIAL ITEMS (Continued)
Ccrfificatc Hotder: NTt Group
1530! Ventura Blvd., Building B, Suite 300
Sherman Oaks, CA 9 ~.403
!nsu~’cr L’cuer: C ( Safeoniine, LLC)
Type oF insurance: Excess Errors & Omission
Poiicy Number: SF6059O0Z
Policy Et’fecdve Date: 03/30/06
Policy Expiration Date: 03i30/07
Lm~i~.s: S3,000,000
excess ot"$5,000,000
Exhibit D
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment of any person because of race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status,
rnadtal status, familial status, weight or height of such person; that they are in compliance with all
Federal, State and local directives and executive orders regarding nondiscrimination in
employmenL
I.If Proposer is INDIVIDUAL, sign here:
Date:
Proposer’s Signature
Proposer’s typed name and title
If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
Member of the Partnership or Joint Venture signature
Member of the Partnership or Joint Venture signature
Date:
3.If Proposer is a CORPORATION, the duty authorized officer(s) shall sign as follows:
The undersigned certify that they are respectively:
President and C.O.O.and .......C~.F,O,
Title Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said
CORPORATION.
The NTI Group: Inc.
Corporation Name (type or print)
By:
Title:
By:
Title:
President
C .F o0 o
Date:07/11 /07
Date:07/11/07
City of Palo Alto - RFP
CERTIFICATE OF AUTHORITY - CORPOtL4TE
1.I hereby certify that I am the Clerk/Secretary of:
The NTI Oroup~ Inc.
(insert name of corporation)
corporation; and that
Paul L.H. Ouvan~ is the duty elected
(insert name of officer who signed contract)
President. Chief Oporating Officer and Secretary of said corporation; and that
(insert title of officer)
3.on 1/13/04 at a duly authorized meeting of the Board of (insert date of meeting)*
Directors of said corporation, at which all the Directors were present or waived notice, it was
voted that
Paul L.H. Ouvang of this corporation
(insert name and title of officer) (NOTE: Should be same as No. 2 above)
be and hereby is authorized to execute contracts and bonds in the name and on behalf of said
corporation~ and affix its Corporate Seal thereto, and such execution of any contract of obligation
in this corporation’s name on its behalf, with or x~4thout the Corporate Seal, shall be valid and
binding upon this corporation; mad that
4.the above vote has not been amended or rescinded and remains in full force and effect as
of the date set forth below.
ATTEST:
Name:
(Please print or t?20e name of Clerk/Secretary)
DATE:
(insert date Certificate signed by Clerk or SecretaD’)**
*This date must be o~ or before the date tha~ the corporate officer signs the contract.
**This date must be on or after the date that the corporate officer signs the contract.
Exhibit E
Representations and Obligations
I. Account Information. All passwords and user names (collectively,
"Account Information"), provided by Consultant are deemed Consultant
Confidential Information. The City is responsible for maintaining the
confidentiality of such Account Information and will be fully
responsible for al! activities that occur under its account. The City
agrees to (i) immediately notify Consultant of any unauthorized use of
Account Information or breach of security pertaining to the CTY Service
, and (ii) ensure that Users exit from their accounts at the end of
each session.
2. Transmission of Messages. The City and Users will not transmit
messages using the Connect-CTY(r) Service ("CTY Service "), or use or
disclose the data provided by Consultant ("Consultant Data"), in
violation of any federal or state laws or regulations, privacy laws.
City will be responsible for the content of the messages transmitted by
Users using the CTY Service and agrees not to send communications to a
Recipient who has indicated that he/she does not wish to receive a
communication from the City. The City is prohibited from downloading or
making copies of Consultant Data. Any search and on-screen display
functionality is restricted to resolving incidents or assisting an
individual or business entity inquiring about the use of its
information pursuant to the CTY Service The City acknowledges that
Consultant is not responsible for and does not give any assurance to
City, any User, or any other person or entity with respect to validity
or accuracy of data including, the Consultant Data and data input by
any individuals on the CTY Web Porta!. Consultant uses best efforts to
provide the Consultant Data in accordance with generally accepted
professional standard.
3. Security. City is responsible for knowing who has access to the
City’s applications and servers, keeping track of who has login
accounts, and making sure that proper security precautions are being
taken with respect to Account Information. The City will be
responsible for activities that occur under its account. The City will
provide Users and other staff with appropriate notice of the terms and
conditions under which access to the CTY Se!-vice is granted including,
in particular, any limitations on access or use of the CTY Service as
set forth in the Policies and this Agreement. Consultant is responsible
for implementing adequate security precautions to protect security for
matters under its direct control.
4. Confidentiality. The City and Consultant agrees to maintain the
confidentiality of Consultant Confidential Information (as defined
below), with the same degree of care it uses to protect its own
confidentia! and proprietary information, but in no event less than a
reasonable degree of care. For the purposes of this Agreement, the
term "Confidential Information" shall mean the Consultant Data, the CTY
Service and all documents relating thereto, including but not limited
to, the User Guide, materials identified as confidential, and the
member pages of the Consultant Website, provided, however, that, City
may disclose Confidentia! Information only to the extent required by
law or in response to a Public Records Request under California Law;
City agrees to make best efforts to provide Consultant with notice
prior to such disclosure together with a list and copies of, all
documents that will be disclosed. City and Consultant agree to limit
access to the Confidential Information to those of its employees and
independent contractors who have a business need for the access and who
have entered into appropriate confidentiality agreements with the City.
Upon the termination of this Agreement or the expiration of the Term,
whichever is earlier, City shall, either destroy or promptly return to
Consultant(without retaining copies, in any medium) any and al!
Consultant Confidential Information.
5.Warranty.
Consultant represents and warrants that the CTY Setice will perform in
a commercially reasonable and professional map_net and in accordance
with the Scope of Work specified in Exhibit A. The City accepts that
the CTY Se~zice is intended to augment and not replace, First
Responder services (such as, for example purposes only, 911, fire,
police, emergency medical, and public health), that have already been
notified and deployed and that the CTY Service is not designed for use
in any situation where failure of the CTY Service could lead to death,
personal injury, or damage to property. Consultant will use
commercially reasonable efforts to assure that the CTY Service remains
available for access by Client twenty-four (24) hours per day, seven
(7) days per week, three hundred sixty-five (365) days per year,
excluding scheduled maintenance. In the event the CTY Service
experiences unscheduled unavailability, Consultant will take all
actions reasonably necessary to determine the source of the problem. If
the source of the problem is outside of the control of Consultant, it
will use commercially reasonable efforts to notify the party/parties
responsible and cooperate with the party/parties to resolve such
problem as soon as possible. If the source of the problem is within the
control of Consultant, it will use best efforts to resolve the problem
within eight (8) hours of determining its source. In the event that the
CTY Service fails to comply with the above warranty, the City shall
promptly inform Consultant of such fact, and Consultant, upon receipt
of such notice and at its expense, will use commercially reasonable
efforts to correct any verifiable errors (by repair, replacement or re-
performance) so that the CTY Service complies with such warranty as
soon as possible, but not more than thirty (30) days after written
notice from the City ("Cure Period"). In the event that such repair or
replacement cannot be done within the Cure Period, then the City, at
its sole option, may either:
(i) extend the time for the Consultant to correct such breach, if
correction is commercially reasonable; or (ii) terminate the CTY
Agreement, in which case, in addition to any other right or remedy the
City may have, Consultant shall refund to the City the prorated sum of
monies paid but not utilized hereunder. The Consultant wil! have no
obligation with respect to the foregoing limited warranty to the extent
the error or noncompliance was caused, in whole or in part, by the
negligence or improper use of the CTY Service by the City or a third
party, or a breach by the City of its obligations under this CTY
Agreement. Nor will Consultant be responsible for delays, errors,
failures to perform, interruptions or disruptions in the services
contemplated under this CTY Agreement caused by or resulting from any
act, omission or condition beyond the Consultant’s reasonable control,
whether or not foreseeable or identified, including without limitation,
the loss of, or improper access to Consultant Data or the City Data
(collectively, "Recipient Data"), unauthorized access or interception
of such data, transmission errors or corruption or security of
information carried over telecon~nunication lines, failure of digital
transmission links, hostile network attacks or network congestion, or
acts of God, strikes, lockouts, riots, acts of war, governmenta!
regulations, shortage of equipment, materials or supplies, fire, power
failure, earthquakes, severe weather, floods or other natural disaster
or the City’s , a User’s or any third party’s applications, hardware,
software or communications equipment or facilities. Except as
expressly stated otherwise in this Agreement, the CTY Service is
provided "AS IS" with no guarantee that it is error free, wil! perform
or be uninterrupted, or that defects can or will be corrected.
Consultant makes no warranties, express or implied, with respect to the
CTY Service , including without limitation, in connection with third
party applications, and Consultant specifically disclaims all other
warranties regarding the CTY Service including any implied warranties
of merchantability or fitness for a particular purpose, or any
warranties arising from a course of dealingj course of performance,
usage of the trade or trade practice.
ATTACHMENT B
POLICE DEPARTMENT
TECHNICAL SERVICES DIVISION
REQUEST FOR PROPOSAL (RFP) NUMBER 120880
FOR PROFESSIONAL SERVICES
TITLE: COMMUNITY ALERTING AND EMERGENCY NOTIFICATION SYSTEM
PRE=PROPOSAL TELECONFERENCE~:
RFP SUBMITTAL DEADLINE:
CONTRACT ADMINISTRATOR:
10:00
TUESDAY, FEB. 27, 2007
3:00 P.M.
TUESDAY, MARCH 13, 2007
CAROLYNN BISSETT
CiTY OF PALO ALTO
PURCHASING/CONTRACT ADMINISTRATION
250 HAMILTON AVENUE
PALO ALTO, CA 94301
(650) 329=2271
REQUEST FOR PROPOSAL (RFP) NO.120880
FOR PROFESSIONAL SERVICES
TITLE: COMMUNITY ALERTING AND EMERGENCY NOTIFICATION SYSTEM
1. INTRODUCTION
The City of Palo Alto is seeking proposals from qualified firms to provide
professional services to provide robust and interactive high-speed community
alerting and emergency notification system. The required services and
performance requirements are described in the Scope of Services (Attachment
C). The City has budgeted a maximum of $150,000 for these services in the
2005/2006 Fiscal Year.
2. ATTACHMENTS
The attachments below are included with this Request for Proposals (RFP) for
your review and submittal (see asterisk):
Attachment A - Proposer’s Information Form*
Attachment B - Certification of Non-discrimination*
Attachment C - Scope of Work/Services
Attachment D - Sample Agreement for Services
Attachment E - Insurance Requirements*
The items identified with an asterisk (*) shall be filled out, signed by the
appropriate representative of the company and returned with submittal.
3. INSTRUCTIONS TO PROPOSERS
3.1 Pre-pr0posal Conference
A mandatory pre-proposal conference will be held Tuesday, February 27,
2007 at 10:00 a.m. in the ASD Conference Room, 4th Floor, 250 Hamilton
¯ Avenue, Palo Alto, CA. In lieu of attending in person, a conference bridge
has been established, please call 1-877-322-9648.Please use
participant’s code: 634989.
3.2 Examination of Proposal Documents
The submission of a proposal shall be .deemed a representation and
certification by the Proposer that they:
3.3
3.4
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
Have carefully read and fully understand the information that was
provided by the City to serve as the basis for submission of this
proposal.
Have the capability to successfully undertake and complete the
responsibilities and obligations of the proposal being submitted.
Represent that all information contained in the proposal is true and
correct.
Did not, in any way, collude, conspire to agree, directly or indirectly,
with any person, firm, corporation or other Proposer in regard to the
amount, terms or conditions of this proposal.
Acknowledge that the City has the right to make any inquiry it
deems appropriate to substantiate or supplement information
supplied by Proposer, and Proposer hereby grants the City
permission to make these inquiries, and to provide any and all
related documentation in a timely manner.
No request for modification of the proposal shall be considered after its
submission on grounds that Proposer was not fully informed to any fact or
condition.
Addenda/Clarifications
Should discrepancies or omissions be found in this RFP or should there
be a need to cladfy this RFP, questions or comments regarding this RFP
must be put in writing and received by the City no later than 1:00 p.m.,
Wednesday, February 28, 2007. Correspondence shall be sent via email
to Carolynn.Bissett@cityofpaloalto.or.q, or mailed to Carolynn Bissett,
Contract Administrator, City of Palo Alto, 250 Hamilton Avenue, Palo Alto,
CA 94301. Responses from the City will be communicated in writing to all
recipients of this RFP. Inquiries received after the date and time stated
will not be accepted and will be returned to senders without response. All
addenda shall become a part of this RFP and shall be acknowledged on
the ProposeCs Form.
The City shall not be responsible for nor be bound by any oral instructions,
interpretations or explanations issued by the City or its representatives.
Submission of Proposals
All proposals shall be submitted to:
City of Palo Alto
Purchasing and Contracts Administration
250 Hamilton Avenue, Mail Stop MB
Palo Alto, CA 94301
Proposals must be delivered no later than 3:00 p.m. on Tuesday, March 6,
2007. All proposals received after that time will be returned to the
Proposer unopened.
The Proposer shall submit 6 hardcopies and one (1) CD of its proposal in
a sealed envelope, addressed as noted above, bearing the Proposer’s
name and address clearly marked, "RFP NO. 120880 FOR
PROFESSIONAL SERVICES: Community Alerting and Emergency
Notification System." The use of double-sided paper with a minimum 30%
post-consumer recycled content is strongly encouraged.
3.4 Withdrawal of Proposals
A Proposer may withdraw its proposal at any time before the expiration of
the time for submission of proposals as provided in the RFP by delivering
a written request for withdrawal signed by, or on behalf of, the Proposer.
3.5 Rights of the City of Palo Alto
This RFP does not commit the City to enter into a contract, nor does it
obligate the City to pay for any costs incurred in preparation and
submission of proposals or in anticipation of a contract. The City reserves
the right to:
Make the selection based on its sole discretion;
Reject any portion of the proposal and all proposals;
Issue subsequent Requests for Proposals;
Postpone opening for its own convenience;
Remedy technical errors in the Request for Proposals process;
Approve or disapprove the use of particular subconsultants;
Negotiate with any, all or none of the Proposers;
Accept other than the lowest offer;
Waive informalities and irregularities in the Proposals and/or
Enter into an agreement with another Proposer in the event the
originally selected Proposer defaults or fails to execute an agreement
with the City.
An agreement shall not be binding or valid with the City unless and until it is
executed by authorized representatives of the City and of the Proposer.
Proposed RFP Timeline
The RFP Timeline is as follows:
RFP Issued
....Pre-Proposal Teleconference Meetinq
Deadline for questions, clarifications
.. Proposals DueFinalists identified
Consultant Interviews
Consultant selection and contract
preparation
Contract awarded
Work commences
.....February 20, 2007
February 27, 2007 10:00 am.
March 6, 2007
March 13, 2007
March 22, 2007
March 27 and/or March 28, 2007
March 30, 2007
April 9, 2007
April 16, 2007
5. Information to be Submitted (to be submitted in this order only)
These instructions outline the guidelines governing the format and content of the
proposal and the approach to be used in its development and presentation. The
intent of the RFP is to encourage responses that cleady communicate the
Proposer’s understanding of the City’s requirements and its approach to
successfully provide the products andlor services on time and within budget.
Only that information which is essential to an understanding and evaluation of the
proposal should be submitted. Items not specifically and explicitly related to the
RFP and proposal, e.g. brochures, marketing material, etc. will not be considered
in the evaluation.
All proposals shall address the following items in the order listed below and shall
be numbered 1 through 8 in the proposal document.
5.1 Chapter 1 - Proposal Summary
This Chapter shall discuss the highlights, key features and distinguishing
points of the Proposal. A separate sheet shall include a list of individuals and
contacts for this Proposal and how to communicate with them. Limit this
Chapter to a total of three (3) pages including the separate sheet.
5.2 Chapter 2 - Profile on the Proposing Firm(s)
This Chapter shall include a brief description of the Prime Proposer’s firm
size as well as the proposed local organization structure. Include a
discussion of the Prime Proposer firm’s financial stability, capacity and
resources. Include all other firms participating in the Proposal, including
similar information about the firms.
4
Additionally, this section shall include a listing of any lawsuit or litigation and
the result of that action resulting form (a) any public project undertaken by
the Proposer or by its subcontractors where litigation is still pending or has
occurred within the last five years or (b) any type of project where claims or
settlements were paid by the consultant or its insurers within the last five
years.
5.3 Chapter 3 - Qualifications of the Firm
This Chapter shall include a brief description of the Proposer’s and sub-
Proposer’s qualifications and previous experience on similar or related
projects. Provide descriptions of pertinent project experience with other
public municipalities and private sector that includes a summary of the work
performed, the .total project cost, the percentage of work the firm was
responsible for, the pedod over which the work was completed, and the
name, title, and phone number of client’s to be contacted for references.
Give a brief statement of the firm’s adherence to the schedule and budget for
the project.
This chapter shall include information regarding any relationships with firms
and/or individuals who many submit proposals in response to the RFPs being
developed.
5.4 Chapter 4 -Work Plan or Proposal
This Chapter shall present a well-conceived service plan. Include a full
description of major tasks and subtasks. This section of the proposal shall
establish that the Proposer understands the City’s objectives and work
requirements and Proposer’s ability to satisfy those objectives and
requirements. Succinctly describe the proposed approach for addressing the
required services and the firm’s abilibj to meet the City’s schedule, outlining
the approach that would be undertaken in providing the requested services.
5.5 Chapter 5 - Proposed Innovations
The Proposer may also suggest technical or procedural innovations that have
been used successfully on other engagements and which may provide the
City with better service delivery. In this Chapter discuss any ideas,
innovative approaches, or specific new concepts included in the Proposal
that would provide benefit to the City.
5.6 Chapter 6 - Project Staffing
This Chapter shall discuss how the Proposer would propose to staff this
project. Key project team members shall be identified by name, title and
specific responsibilities on the project. An organizational chart for the project
team and resumes for key Proposer personnel shall be included. Key
personnel will be an important factor considered by the review committee.
Changes in key personnel may be cause for rejection of the proposal.
BACKGROUND CHECKS
5.6.1 Background checks (e.g. fingerprint and criminal history check) will
be required of all personnel who have access to the City’s data.
5.6.2 Individuals who do not pass a Police Department background
check will not be allowed access to the City’s data. The decision of
the Police Department is final
5.7 Chapter 7 - Proposal Exceptions
This Chapter shall discuss any exceptions or requested changes that
Proposer has to the City’s RFP conditions, requirements and sample
contract. If there are no exceptions noted, it is assumed the Proposer will
accept all conditions and requirements identified in the Attachment D -
"Sample Agreement for Services." Items not excepted will no.__~t be open to
later negotiation.
5.8 Chapter 8 -Proposal Costs Sheet and Rates
The fee information is relevant to a determination of whether the fee is fair
and reasonable in light of the services to be provided. Provision of this
information assists the City in determining the firm’s understanding of the
project, and provides staff with tools to negotiate the cost, please provide in a
table format.
It is anticipated that additional jurisdictions may also elect to purchase the
system. Therefore, please provide two pricing proposals: (1) City of Palo Alto
only purchases system and (2) price in the event two or more jurisdictions
purchase the system,
This Chapter shall include the proposed costs to provide the services
desired. Include any other cost and price information, plus a not-to-exceed
amount, that would be contained in a potential agreement with the City. The
hourly rates may be used for pricing the cost of additional services outlined in
the Scope of Work. The cost should include all charges; including but not
limited to sales tax, transportation, installation, training, out-of-pocket
expenses and any other charges.
PLEASE NOTE: The City of Palo Alto does not pay for services before it
receives them. Therefore, do not propose contract terms that call for upfront
payments or deposits.
6
5.9 Chapter 9 - Qualified vendors may opt to propose a self-hosted software
solution that the City would purchase and manage in-house for purposes of
community alerting and emergency notification system or some combination
of a hosted and self-hosted system. This chapter should explain the solution
proposal.
6. Contract Type and Method of Payment
It is anticipated that the agreement resulting from this solicitation, if awarded, will be
a fixed fee form of contract. A Sample Agreement of Services is provided as
Attachment D. The method of payment to the successful Proposer shall be on a
fixed fee basis with a maximum "not to exceed" fee as set by the Proposer in the
proposal or as negotiated between the Proposer and the City as being the maximum
cost to perform all work. This figure shall include direct costs and overhead, such
as, but limited to, transportation, communications, subsistence and materials and
any subcontracted items of work. Progress payments will be based on a percentage
of project completed.
Proposers shall be prepared to accept the terms and conditions of the Agreement,
including Insurance Requirements in Attachment E. If a Proposer desires to take
exception to the Agreement, Proposer shall provide the following information in
Chapter 7 of their submittal package. Please include the following:
Proposer shall clearly identify each proposed change to the Agreement,
including all relevant Attachments.
Proposer shall furnish the reasons for, as well as specific
recommendations, for alternative language.
The above factors will be taken into account in evaluating proposals. Proposals that
take substantial exceptions to the proposed Agreement may be determined by the
City, at its sole discretion, to be unacceptable and no longer considered for award.
Insurance Requirements
The selected Proposer(s),. at Proposer’s sole cost and expense and for the full term
of the Agreement or any extension thereof, shall obtain and maintain, at a minimum,
all of the insurance requirements outlined in Attachment E.
All policies, endorsements, certificates andlor binders shall be subject to the
approval of the Risk Manager of the City of Palo Alto as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the
Risk Manager. The selected Proposer agrees to provide the City with a copy of said
policies, certificates and/or endorsement upon award of contract.
7. Review and Selection Process
Please provide in thirty pages or less a detailed overview of how the response will
perform the functions listed in the RFP. All responses and attachments shall be
sequentially numbered to respond with the related question or requirement. If you
are referencing attachments, please indicate the attachment number. You must
respond to each question in the field provided following the question.
7.1Using the Response Codes below please indicate in the brackets ~ if your
proposal meets or can meet the functionality requirements listed in the RFP.
RESPONSE
CODE DEFINITION
A
Existing
B
Under
Development
C
Minor
Modification
Report Writer
The requirement will be met by proposed
existing software that is operational at other
sites and can be demonstrated to the City of
Palo Alto. An "A" response to any requirement
phrased "...an ability to..." signifies that the
proposed application provides the actual
capability to meet the requirement as a core
feature, and without extensive user intervention.
Indirect or implied solutions to meet requirement
should not be coded "A".
that are currently under development in Beta[
test, or not yet released (provide target release
date).
Requirement will be met with minor modification
to existing software or services. All work shall
be performed by the vendor and pricing has
been included in the Pricing Forms. Such work
will be noted in the project plan and schedule.
Requirement could be met by the used
proposed software tools, such as a report wdter,
query language or spreadsheet. When
responding with a D, vendors must descdbe
how the functionality could be achieved and
whether the set-up work will be done by the
vendor or City,
Major I to existing software or by new custom software
Customization !programming. Note: All work shall be performed
Ii by the vendor and any additional costs must be
-------__-. ],noted.
I Requirement can be provided through a third
F, vendors must describe how the functionality
could be achieved and whether the set-up work
will be done by the vendor or City.
N li Requirement cannot be provided.
Not Available
7.2 Additional Instructions:
An omitted response will be scored as an "N" response. Omitted responses
may be cause for classifying an RFP "non-responsive," resulting in elimination
of the vendor response from further consideration.
Any deviation from the response codes will be interpreted at the discretion of
the City.
Costs associated with responses should be included in the vendor’s Pricing
Schedule/Proposal Schedule - Exhibit and vendors must highlight, or mark
with an asterisk, such as "C*," any functional response which involves
supplemental costs. Those items without such highlight or asterisk shall be
deemed included in the base cost quoted. Include costs for all required third-
party software or services for the solution. Pricing is to be shown only in the
cost proposal.
4.Whenever a description or narrative is required, vendors should specifically
cite the location of such information within the vendor’s proposal or materials
provided.
5.Whenever the word "or" is used, it means the software is capable of both
alternatives.
If clarifications are needed, cross-reference to an attachment is allowed, but
he use of clarifications should be minimal and by exception. Provide
information requested in an attachment clearly indicating the page number
and item number to which it is responding.
EVALUATION FACTORS
A contract will be awarded to the responsible, responsive vendor whose offers conforms
to the solicitation and which will be, in the opinion of the City, the most advantageous to
and in the best interest of the city, based on the factors below.
The proposal shall provide clear and sufficient detail to enable the Selection Committee
to evaluate the responsiveness and quality of each proposal to each of the RFP
requirements listed in the RFP. The system will be evaluated upon its capability of
sending reliable and timely notifications to the public in the event of an emergency or
disaster or other required event. The following technical factors will be considered in
descending order of importance in the evaluation process.
FUNCTIONALITY
The proposal will be evaluated as to its completeness and clarity in demonstrating a
vendor’s functionality for the purposes of community alerting and emergency
notification. The vendor shall provide a proven, reliable system and approach that
meets the requirements outlined in this document.
REDUNDANCY
The proposal will be evaluated on the overall redundancy of the vendor’s system
architecture. The system shall be capable of maintaining functionality in the event that
one or more servers (systems) fail.
EXPERIENCE
The proposal will be evaluated upon the vendor’s current and relevant experience with
other governmental agencies. Included in the evaluation will be the amount of numbers
within the call lists of these agencies as well as the number of actual calls made through
the system.
PRICE PROPOSAL
Price will be evaluated for best overall value to the City. Although price is of lesser
importance as an evaluation factor, it will not be ignored. The degree of importance will
increase with the degree of quality of the proposal and other technical evaluation
factors. Include adequate justifications and documentation to assure fair and
reasonable pricing for the proposed RFP workload.
INTERVIEW AND/OR DEMONSTRATIONS
After the proposals in the competitive range have been identified, the Selection
Evaluation Committee reserves the right to interview or require demonstration of any or
all of the firms in the competitive range.
8. Oral Interviews
Proposers may be required to participate in an oral interview. The oral interview will
be a panel comprised of members of the selection committee.
Proposers may only ask questions that are intended to clarify the questions that they
are being asked to respond.
10
Each Proposer’s time slot for oral interviews will be determined randomly.
Proposers who are selected shall make every effort to attend. If representatives of
the City experience difficulty on the part of any Proposer in scheduling a time for the
oral interview, it may result in disqualification from further consideration.
8.~[ DEMONSTRATION
As part of the bidding process, identified vendors will be required to provide, at no
cost, an onsite demonstration of the systems ability to meet all the requirements of
the Statement of Work. Demonstrations shall be on a live system. Power Point or
canned demonstrations are not allowed. Demonstrations using internet connection
are allowable as long as the full functionality can be demonstrated. The vendor
representatives attending the demonstration shall be qualified to respond to
questions related to the proposed system and its components.
8. Public Nature of Proposal Material
Responses to this RFP become the exclusive property of the City of Palo Alto. At
such time as the Administrative Services Department recommends to firm to the City
Manager or to the City Council, as applicable, all proposals received in response to
this RFP becomes a matter of public record and shall be regarded as public records,
with the exception of those elements in each proposal which are defined by the
Proposer as business or trade secrets and plainly marked as "Confidential," "Trade
Secret," or "Proprietary". The City shall not in any way be liable or responsible for
the disclosure of any such proposal or portions thereof, if they are not plainly marked
as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under
the Public Records Act. Any proposal which contains language purporting to render
all or significant portions of the proposal "Confidential," "Trade Secret," or
"Proprietary" shall be regarded as non-responsive.
Although the California Public Records Act recognizes that certain confidential trade
secret information may be protected from disclosure, the City of Palo Alto may not
accept or approve that the information that a Proposer submits is a trade secret. If a
request is made for information marked "Confidential," "Trade Secret," or
"Proprietary," the City shall provide the Proposer who submi~ed the information with
reasonable notice to allow the Proposer to seek protection from disclosure by a court
of competent jurisdiction.
9. Collusion
By submitting a proposal, each Proposer represents and warrants that its proposal is
genuine and not a sham or collusive or made in the interest of or on behalf of any
person not named therein; that the Proposer has not directly induced or solicited any
other person to submit a sham proposal or any ether person to refrain from
submitting a proposal; and that the Proposer has not in any manner sought collusion
to secure any improper advantage over any other person submitting a proposal.
10. Disqualification
Factors such as, but not limited to, any of the following may be considered just
cause to disqualify a proposal without further consideration:
12.1
12.2
12.3
12.4
12.5
12.6
Evidence of collusion, directly or indirectly, among Proposers in regard to the
amount, terms or conditions of this proposal;
Any attempt to improperly influence any member of the evaluation team;
Existence of any lawsuit, unresolved contractual claim or dispute between
Proposer and the City;
Evidence of incorrect information submitted as part of the proposal;
Evidence of Proposer’s inability to successfully complete the responsibilities
and obligation of the proposal; and
Proposer’s default under any previous agreement with the City, which results
in termination of the Agreement.
11. Non-Conforminq Proposal
A proposal shall be prepared and submitted in accordance with the provisions of
these RFP instructions and specifications. Any alteration, omission, addition,
variance, or limitation of, from or to a proposal may be sufficient grounds for non-
acceptance of the proposal, at the sole discretion of the City.
12. Gratuities
No person shall offer, give or agree to give any City employee any gratuity, discount
or offer of employment in connection with the award of contract by the city. No city
employee shall solicit, demand, accept or agree to accept from any other person a
gratuity, discount or offer of employment in connection with a city contract.
13. Firms or persons not eliqible to submit a proposal
In order to avoid any conflict of interest or perception of a conflict or interest,
Proposer(s) selected to provide professional services under this RFP will be
subject to the following requirements:
14.1
14.2
The Proposer(s) who works on the procurement will be precluded from
submitting proposals or bids as a prime contractor or subcontractor the
ultimate procurement.
The Proposer(s) may not have interest in any potential Proposer for the
ultimate procurement.
PROPOSER (please print):
Name:
Address:
Proposer’s Information Form
Attachment A
Telephone:Fax:
Contact person, title, telephone and fax number:
Taxpayer Identification No.
(or Social Secudty Number if Sole Proprietorship)
Proposer, if selected, intends to carry on the business as (check one)
[]Individual []Joint Venture
[]Partnership
[]Corporation
When incorporated?
In what state?
When authorized to do business in California?:
[]Other (explain):...
ADDENDA
To assure that all Proposers have received each addendum, check the appropriate box(es)
below. Failure to acknowledge receipt of an addendum/addenda may be considered an
irregularity in the Proposal:
Addendum number(s) received: [--I1; []2; []3; []4; []5; [] 6;
Or,[]No Addendum/Addenda Were Received (check and initial).
PROPOSER’S SIGNATURE
No proposal shall be accepted which has not been signed in ink in the appropriate space below:
By signing below, the submission of a proposal shall be deemed a
representation and certification by the Proposer that they have investigated
all aspects of the RFP, that they are aware of the applicable facts pertaining
to the RFP process, its procedures and requirements, and they have read
and understand the RFP. No request for modification of the proposal shall be
considered after its submission on the grounds that the Proposer was not
fully informed as to any fact or condition.
Date:
If Proposer is INDIVIDUAL, sign here
Proposer’s Signature
Proposer’s typed name and title
If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
Member of the Partnership or Joint Venture signature
Date:
Member of the Partnership or Joint Venture signature
3.If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows:
The undersigned certify that they are respectively:
and
Title Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said
CORPORATION.
Corporation Name (type or print)
By:Date:
Title:
By:Date:
Title:
2
Attachment
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment of any person because of race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status,
marital status, familial status, weight or height of such person; that they are in compliance with all
Federal, State and local directives and executive orders regarding nondiscrimination in
employment.
1.If Proposer is INDIVIDUAL, sign here:
Date:
Proposer’s Signature
Proposer’s typed name and title
If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
Date:
Member of the Partnership or Joint Venture signature
The undersigned certify that they are respectively:
and
Title
Member of the Partnership or Joint Venture signature
If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows:
Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said
CORPORATION.
Corporation Name (type or print)
By:.
Title:
By:.
Title:
Date:
Date:
City of Palo Alto - RFP
ATTACHMENT C
ScoPE oF WORK
COMMUNITY ALERT~G AND EMERGENCY NOTIFICATION SYSTEM
PROJECT OVERVIEW
The Palo Alto Police Department on behalf of the City of Palo Alto is seeking written
proposals to provide a robust and interactive high-speed community alerting and
emergency notification system. The system shall have the ability to perform automatic
and simultaneous notifications to members of the public, City staff, as well as emergency
first responders on a 24/7 basis.
In an effort provide the most robust alerting and notification system, the City is seeking
proposals for software and!or services to host an Emergency Notification and Alerting
System. This system shall have the ability to make thousands of instantaneous and
simultaneous notifications based on non-geographic, as well as using an interactive
geographic information system (GIS) interface. Proposals shall include an optional on-
site notification system that is fully networkable through client/server architecture and
run on a Windows 2000 platform. The City may or may not elect to include the on-site
system resulting from this Request for Proposal (RFP).
The City requires a proven solution that has been used by a government agency for a
minimum of two years in an area with a call list of at least 100,000. In addition, the City
requires that the system be configured and activated by non-technical users.
The proposed application must be scalable, offering flmctionality and security for
existing and future local and coordinated regional use, and shall be capable of being used
by other agencies in the Bay Area so that the City can enter into mutual aid agreements to
provide notifications during a major event. In addition, the Cities of Menlo Park and East
Palo Alto have expressed a desire to purchase through this bid process and, as such,
vendor proposals should address pricing options that allow a single jurisdiction or
multiple jurisdictions to purchase through this process.
BACKGROUND/GENERAL INFORMATION
Located 35 miles south of San Francisco and 14 miles north of San Jose, Palo Alto is a
commurfity of approximately 61,200 residents. Part of the San Francisco Metropolitan
Bay Area and the Silicon Valtey, Palo Alto is located within Santa Clara County and
borders San Mateo County. The City has a daytime population of 120,000. Palo Alto is
home to many high-tech businesses and world-renowned educational facilities and
medical facilities, including Stanford University and Stanford Medical Center.
Section 3 - Community Alerting and Emergency Notification System
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The City of Palo boundaries extend from San Francisco Bay on the east to the Skyline
Ridge of the coastal mountains on the west, with Menlo Park and East Palo Alto to the
north and Mountain View to the south. The City encompasses an area of approximately
26 square miles, of which one-third is open space.
The City of Menlo Park is a quiet yet vibrant city of pleasant, tree-lined neighborhoods
and friendly people. Situated on the Peninsula, Menlo Park has a population of 30,648
residents.
The City of East Palo Alto has an ethnically diverse population of approximately 30,000
within a 2.5 square mile area. The city borders wetlands and the San Francisco Bay, and
is located at the gateway to technology-based Silicon Valley.
;NEIGHBORHOODS
The City of Palo Alto has approximately 30 active neighborhood areas with a Palo Alto
Neighborhood (PAN) Association serving as an independent umbrella group for Palo
Alto neighborhoods, whose purpose is to enhance commtmications and mutual support,
thus enabling residents to act in unison with a common voice, or individually, on local
concerns. Representatives from PAN have been active in soliciting input on community
needs and will be assisting in the evaluation and selection of proposed vendors.
GEOGRAPHIC INFORMATION SYSTEM (GIS) SYSTEM
Over the past decade, Palo Alto has developed a Geographic Information System built on
a content-rich and spatially accurate basemap. The GIS utilizes Encompass software
created and maintained by Geodesy, and uses Microsoft’s SQL Server as the primary data
store. Included in the GIS data, is an accurate and up-to-date land parcel base with
associated addresses and numerous attributes acquired from the Santa Clara county
assessor as well as internal sources. Numerous existing applications, such as Public
Safety’s Computer-Aided Dispatch system and the Palo Alto Fire Department’s Run
maps depend on the accuracy of this address base. The system’s architecture is very well
suited to interface with other applications, such as this community alerting system,
through both its graphic interface and its ability to exchange data with nearly any data
SOllrce.
Section 3 - Community Alerting and Emergency Notification System
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Last printed 2/2012007 9:16:00 AM
BID SPECIFICATIONS AND REQUIREMENTS
1.GENERAL REQUIREMENTS
For purposes of the section, "system" shall refers to a sofkarare application, a hosted
service or some combination thereof for a community alerting and emergency
notification system.
1.1.The system must be specifically designed as a Community Alerting and
Emergency Notification System. [~_]
1.2.The system shall be proven technology, deployed, accepted, and performing as
required by a government agency for two years with a call list of at least 100,000.
1.3.The system must be supported, operational and accessible twenty four hours a
day, seven days a week, three-hundred and sixty five days per year. [__]
1.4.The system shall be capable of directly launching a notification event within the
following time periods from receipt of request for activation: [__]
1.4.1.
1.4.2.
1.4.3.
1.4.4.
One Minute
Two to Five Minutes
Five to Ten Minutes
Ten Minutes or Greater (Specify time)
1.5.The system shall function for special needs community members (ex. disabled,
elderly, hearing impaired users (TDD/TTY)). [___]
1.6.The system shall be accessible to mukiple users who can provide an authorized
and authenticated login identifier and password to initiate a request. Internet
access must be provided through HTTPS secure communication.
1.7.The system shall utilize a graphical user interface (GUI) while providing a
geographic map view of the City; and be capable of using the City’s existing GIS
data. This map shall have the ability to scroll and zoom in and out. [___]
1.8.The system shall be capable of notifying both the communication and City
employees during emergency situations. The person can be contacted via a land-
line phone, cell-phone (voice and text message), fax machine, Smartphone or
Blackberry type device, computer (e-mail) and/or Persona! Digital Assistant
(PDA).
1.9. The system shall have the ability to create member lists of various groups (ex.
neighborhood association members, disabled, elderly, first responders) for
Section 3 - Community Alerting and Emergency Notification System
Page 3 of 10
Last printed 2/20/2007 9:16:00 AM
expedited notification delivery. The system shall allow each group member to
confirm the receipt of the message.
1.10. The system shall have the ability to a user to change/update the message during
activation. ~
1.11. The system shall allow for pre-scheduled notifications that are re-occurring,
such as SWAT notifications for training on a specific day of month, time of day,
or when scheduled. [__]
2.REGISTRY OF NOTIFICATION NUMBERS OR MEANS OF NOTIFICATION
2.1.The system shall offer residents the ability to self-register cell-phones and other
telephone numbers or email addresses into the database via a web-based
application that is user friendly. [~]
2.2.The system shall be capable of sequencing the communication devices to be
contacted (i.e., first call work phone, then call home phone, then call cellular
phone, etc.). [__J
2.3.The system is able to set the sequence of ca!ling devices to be used, depending
on the notification scenario, and be automatically activated if no response is
received (i.e., if no response from telephone, then activate pager, etc.).
2.4.The system, shall allow for orders of groups to be notified and number of
personnel within groups to be notified. [__]
2.5.The system shall have the ability to recognize duplicate numbers and remove
them from a notification selection. [~]
3.ACTIVATION AREAS
3.1. The system shall have the ability to create and save activation areas.
3.2. The system shall have the ability to save activation scenarios. [_~
3.3.The system shall have the ability to exclude selected areas and their associated
telephone numbers from within an activation area.
3.4.The system shall have the ability to import pre-existing shape file polygons (e.g.
nei~hborhood boundaries) from other applications to quickly select the activation
3.5.The system shall have the ability to define activation areas by drawing a free-
form polygon from selecting points on the GIS map. [__]
Section 3 - Community Alerting and Emergency Notification System
Page 4 of t 0
Last printed 212012007 9:16:00 AM
3.6.The system shall have the ability to designate specific addresses while
determining a radius around these target areas.
3.7.The system shall have the ability to define activation areas by connecting
multiple polygons. [__]
4.NOTIFICATION/CALLS
4.1.The system shall be capable of delivering a minimum of 70,000 thirty (30)
second voice messages an hour. [___]
4.2.The system shall have a long distance carrier with the capacity to carry a
telephone traffic load of 70,000 thirty (30) second voice messages an hour into
the City of Palo Alto.
4.3.The system shall have the ability to perform as many redial attempts needed as
determined by the user(s). ~
4.4.The system shall have the ability to send the same message to different activation
areas at the same time. [_____]
4.5.The system shall have the ability to send two or more separate messages to
different activation areas at the same time. [~]
4.6.The resident or first responder shall have the ability to respond to the message by
pressing keys on their telephone. [~] The minimum responses are:
4.6.1.
4.6.2.
4.6.3.
4.6.4.
I Confirm Receipt of Message
Please Repeat Message
I Need Assistance
I Am Able/Unable to Respond-Report to Work (First Responder only)
4.7.If resident indicates that assistance is needed, the system must immediately make
a notification to an identified person(s). This notification must indicate the
phone number and associated address.
4.8.The system shall have the ability to recognize human voice vs. an answering
machine. [__]
4.9.The system shall wait until the outgoing message from an answering machine or
voicemai! has ended prior to leaving the emergency notification message. [__]
4. I0. The system shall override call blocking technology.
Section 3 - Community Alerting and Emergency Notification System
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5.SEARCH CRITERIA
o
5.1. The system shall have the ability to save the search results as an activation area.
5.2.The system shall utilize a "Search Box" where all search criteria including sort
order can be selected by a user.
5.3. The system shall use soundex as its searching method. [_.___]
5.4. The system shall be able to search by the foIlowing criteria [~_]
5.4.1.
5.4.2.
5.4.3.
5.4.4.
5.4.5.
5.4.6.
5.4.7.
5.4.8.
Specific Address
Street names (the entire street must be displayed)
Street block range (hundred block ranges)
Cross Streets
Neighborhood Association areas
Schools
Thomas Brothers map coordinates
Various GIS coordinates, including Latitude and Longitude
5.5. The system search criteria shall not be case sensitive. [~]
5.6.There shall be an indicator when a search is in progress and when a search is
completed. [~]
5.7.The system shall display ’~No Match" if there are no records matching the search
criteria. [~
5.8.If more than one record matches the search criteria, the system shall give options
for determining the correct record. [~]
5.9.The search results shall be returned in some sort order (e.g. street name, street
address, etc.). The sort order shall be selected by the user in the Search Box.
5.10. When a search is completed the results shall be highlighted on the map. For
example, if a street is queried the entire street shall be highlighted. This
highlighting shall remain even if the user scrolls or zooms in and out. [__
REPORTS
6.1. The system shall be able to produce ad-hoc reports. [____]
6.2. All report data shall be exportable to the current version of Microsoft Excel.
Section 3 - Community Alerting and Emergency Notification System
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Last printed 2/20/2007 9:16:00 AM
6.3. All reports shall be updated in real-time. [___]
6.4.A report containing the following information shall be included as a standard
report. [~]
6.4.1.
6.4.2.
6.4.3.
6.4.4.
6.4.5.
6.4.6.
codes:
6.4.6.1.
6.4.6.2.
6.4.6.3.
6.4.6.4.
6.4.6.5.
6.4.6.6.
Activation name
Date and time of activation notification
All addresses and their associated telephone numbers
If the number is published or non-published
Name and login identifier who initiated the activation
Status of each records within an activation scenario using the following
Busy
No Answer
Notification confirmed by the resident
Assistance Needed
Length of Call
Number of times message was repeated
6.5. Number ofredial attempts [___]
6.6.The system should support printing using standard Local Area Network (LAN)-
connected printers. [_____]
7.ADMINISTRATION
7.1.The system shall provide both administrator and authorized user access with
password protection at both the application and data levels. [~]
7.2.The system shall have the ability to define multiple user groups with different
levels of access.
7.3. The system shall have the ability for audit and login tracking. [_~_]
8. TRAINING
8.1. All training will be provided onsite at the City. [__]
8.2. Training shall have administrator and end user courses. Soft and hard copies of
training materials must be provided to City personnel for future "Train the
Trainer" sessions. Vendor may propose an alternative training configuration and
approach, so long as this requirement is achieved. The City anticipates training
three Administrators and seven end users. [____]
8.3.In the summary, describe training courses, and associated hours. [~_]
8.4.Training and materials shall be provided any time there are significant
changes/upgrades to the system (as outlined in Section 15).
Section 3 - Community Alerting and Emergency Notification System
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Last printed 2/20/2007 9:16:00 AM
9.DELIVERY AND INSTALLATION SCHEDULE
9.1.The system shall be established and ready for testing within thirty (30) days after
the purchase order has been issued. Note: Please submit an implementation plan
and proposed schedule. [__]
9.2. The vendor shal! be responsible for installation and configuration of all software.
10. DOCUMENTATION
10.1. A full set of user documentation (hard and soft copy) shall be available detailing
the functionality of the system. User documentation should be in a narrative
form and should be understandable to non-technical users. [__]
10.2. Are the data dictionaries and schema information provided for all databases?
Y/N
10.3. If yes, describe how and in what form the information is made available to users
(ex. CD, the web, hardcopy, etc.). [ ]
10.4. A fi~l set of technical documentation describing your system design, operations,
troubleshooting, and performance tuning shall be provided to the City’s system
administrator. [~]
10.5. Does the system maintain on-line user-defined documentation
10.5.1. Can it be edited by theuser Y/N __
10.5.2.
i0.5.3.
!0.5.4.
10.5.5
10.5.6.
10.5.7.
10.5.8.
Provide spell/grammar check YFN~
Searchable by key words Y/N __
Down!oad information from existing files Y/N
. Glossary of terms
Standard operating procedures Y/N __
Policies Y/N
Statutes and codes Y/N
11. ADMINISTRATION
1 1.1. Are the data dictionaries and schema information provided for all databases?
Y/N
i 1.1. I. If yes, describe how and in what form the information is made available to
users (ex. CD, the web, hardcopy, etc.).
Section 3 - Community Alerting and Emergency Notification System
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Last printed 2120/2007 9:I6:00 AM
11.2. A full set of technical documentation describing your system design, operations,
troubleshooting, and performance tuning shall be provided to the City’s system
administrator. [~]
11.3. Does
11.3.1.
11.3.2.
11.3.3.
11.3.4.
I 1.3.5.
11.3.6.
11.3.7.
11.3.8.
the system maintain on-line user-defined documentation
Can it be edited by the user Y/N __
Provide spell/grammar check Y/N __
Searchable by key words Y/N __
Down!oad information from existing filesY/N __
Glossary of terms Y/N__
Standard operating procedures .YiN ____
Policies Y/N
Statutes and codes Y!N
12. WARRANTY ~,~ MAINTENANCE
To the extent the system is not fully hosted, the selected vendor will provide a
comprehensive support package that meets or exceeds the minimum support
requirements defined below. The vendor must carefully review and note any
exceptions. [___]
12.1. The selected vendor shall provide a warranty against all defects. This warranty
will begin upon final acceptance of the system by the City. The cost of this
warranty shall be included with the software price. Please provide a copy of your
standard warranty to this proposal. [____]
12.2. At the conclusion of the warranty period the selected vendor will provide
maintenance services for five years. This maintenance agreement will be priced
on a separate form.
12.3. The following provisions shall apply to both the warranty and maintenance
periods [~]:
!2.3.1. Vendor shall supply software updates (error correction patches)
12.3.2. Vendor shall supply software upgrades
12.3.3. The vendor will be responsible for software support including but not
limited to installation, maintenance and troubleshooting 24/7.
12.3.4. A vendor technical representative shall respond within ten minutes 24/7 to
any phone call for assistance.
12.3.5. The vendor is responsible for travel, per-diem and lodging expenses
associated with personnel performing maintenance and warranty work.
12.3.6. The City shall oversee and approve a!l application software updates.
InstaIiation dates and times shall be mutually agreed upon by the City and
vendor.
Section 3 - Community Alerting and Emergency Notification System
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Last printed 2/20/2007 9:16:00 AM
12.3.7. For each update, the vendor shall provide release notes, detailing what
changes have been made to the application.
12.3.8. The vendor shall describe the procedures for backing out software
updates/upgrades and reverting to the prior version of the sotS,care if
problems occur with the update/upgrade.
12.3.9. The vendor shall describe routine database maintenance procedures
12.3.10. The vendor shall provide the City with scripts for maintenance tasks and
monitoring of criti!al components.
12.3.11. The vendor shall provide the Application Administrator with a rolling 12
month schedule of planned downtime for maintenance. Each schedule
shall be provided thirty (30) days in advance. This schedule shall
stipulate a deadline for inserting new tasks into the next period.
12.3.12.The vendor shall work with the City Administrator to work out the
exact, mutually acceptable dates for maintenance.
12.3.13.The vendor’s routine maintenance on the system shall not require
shutting down the system unless previously discussed, scheduled and
agreed.
13. DELIVERY AND INSTALLATION SCHEDULE
13.1. The system shall be established and ready for testing within thirty (30) days
after the purchase order has been issued or contract executed. Note: Please
submit an implementation plan and proposed schedule. [~_]
13.2. The vendor shall be responsible for installation and configuration of all
software. [__]
Section 3 - Community Alerting and Emergency Notification System
Page 10 of I0
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Attachment D
USE FOR PROFESSIONA!3 SERVICES (ARCHITECTS, ENGINEERING DESIGN)
CITY OF PALO ALTO CONTRACT NO.
AGREEMENT BETWEEN THE CITY OF PALO ALTO AIqD
FOR PROFESSIONAL SERVICES
(PROJECT NAME)
This AGREEMENT is entered into , by and
between the CITY OF PALO ALTO, a chartered city and a municipal
corporation of the State of California ("CITY"), and
a
located at ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to (DESCRIBE ~qAT THE CITY PLAIqS TO DO - E.Go
CONSTRUCT A NEW LIBRARY) ("Project") and desires to engage a
consultant to (DESCRIBE SERVICES - I.E. FEASIBILITY STUDY,
ARCHITECTURAL DESIGN, ENGINEERING SERVICES) in connection with the
Project ("Services").
B. CONSULTANT has represented that it and any subconsultants have
the necessary professional expertise, qualifications, and
capability, and all required licenses and/or certifications to
provide the Services.
C. CITY in reliance on these representations desires to engage
CONSULTANT to provide the Services as more fully described in
Exhibit "A", attached to and made a part of this Agreement.
D. CONSULTANT has agreed to perform the Services on the terms and
conditions contained in this Agreement.
covenants,
agree:
NOW, THEREFORE, in consideration of the recitals,
terms, and conditions, this Agreement, the parties
AGREEMENT
SECTION I. SCOPE OF SERVICES. CONSULTANT shall perform the Services
described in Exhibit ~A" in accordance with the terms and
conditions contained in this Agreement. The performance of all
Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the
date of its full execution through [INSERT DATE OR IF NO DATE ADD
"completion of the services") unless terminated earlier pursuant to
Section 21 of this Agreement.
050310
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the
performance of Services under this Agreement. CONSULTANT shall
complete the Services within the term of this Agreement and in
accordance with the schedule set forth in Exhibit ~B", attached to
and made a part of this Agreement. Any Services for which times for
performance are not specified in this Agreement shall be commenced
and completed by CONSULTANT in a reasonably prompt and timely
manner based upon the circumstances and direction communicated to
the CONSULTANT. CITY’s agreement to extend the term or the
schedule for performance shall not preclude recovery of damages for
delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION° The compensation to be paid
to CONSULTANT for performance of the Services described in Exhibit
~A", including both payment for professional services and
reimbursable expenses, shall not exceed
Dollars ($ ). In the event Additional Services are
authorized, the total compensation for services and reimbursable
expenses shall not exceed
Dollars ($). The applicable rates and schedule of
payment are set out in Exhibit ~C", entitled ~COMPENSATION," which
is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with
and subject to the provisions of Exhibit ~C". CONSULTANT shall not
receive any compensation for Additiona! Services performed without
the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within
the Scope of Services described in Exhibit ~A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall
submit monthly invoices to the CITY describing the services
performed and the applicable charges (including an identification
of personnel who performed the services, hours worked, hourly
rates, and reimbursable expenses), based upon the CONSULTAb~T’s
billing rates (set forth in Exhibit "C"). If applicable, the
invoice shall also describe the percentage of completion of each
task. The information in CONSULTANT’s payment requests shall be
subject to verification by CITY.
SECTION 6. QUALIFiCATIONS/STANDARD OF CARE. All of the Services
shall be performed by CONSULTANT or under CONSULTANT’s supervision.
CONSULTANT represents that it possesses the professional and
technical personnel necessary to perform the Services required by
this Agreement and that the personnel have sufficient skill and
experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subconsultants have and shall
maintain during the term of this Agreement all licenses, permits,
qualifications, insurance and approvals of whatever nature that are
legally required to perform the Services.
050310
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
All of the services to be furnished by CONSULTANT under this
agreement shall meet the professional standard and quality that
prevail among professionals in the same discipline and of similar
knowledge and skill engaged in related work throughout California
under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself
informed of and in compliance with all federal, state and local
laws, ordinances, regulations, and orders that may affect in any
manner the Project or the performance of the Services or those
engaged to perform Services under this Agreement. CONSULTANT shall
procure all permits and licenses, pay al! charges and fees, and
give all notices required by law in the performance of the Services
CONSULTANT shall report i~ediately to the CITY’s project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and/or guidelines in
relation to the Project of the performance of the Services.
All documentation prepared by CONSULTANT shall provide for a
completed project that conforms to all applicable codes, rules,
regulations and guidelines that are in force at the time such
documentation is prepared.
SECTION 8. ERRORS/OMISSIONSo CONSULTA~T shall correct, at no cost
to CITY, any and all errors, omissions, or ambiguities in the work
product submitted to CITY, provided CITY gives notice to
CONSULTANT° If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall
be obligated to correct any and all errors, omissions or
ambiguities discovered prior to and during the course of
construction of the Project.This obligation shall survive
termination of the Agreement.
SECTION 9° COST ESTIMATES. CONSULTANT shall submit estimates of
probable construction costs at each phase of design submittal. If
the total estimated construction cost at any submittal exceeds ten
percent (10%) of the CITY’s stated construction budget, CONSULTANT
shall make recommendations to the CITY for aligning the PROJECT
design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional
cost to CITY.
SECTION 10o INDEPENDENT CONTRACTOR. It is understood and agreed
that in performing the Services under this Agreement CONSULTANT,
and any person employed by or contracted with CONSULTANT to furnish
labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
The manner and means of conducting the Services are the
responsibility of and under the control of CONSULTANT, except to
the extent they are limited by applicable law and the express terms
of this Agreement.
050310
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGIITEERING DESIGN)
CONSULTANT will be responsible for employing or engaging all
persons necessary to perform the Services. All contractors and
employees of CONSULTANT are deemed to be under CONSULTANT’S
exclusive direction and control. CONSULTANT shall be responsible
for their performance.
SECTION iio ASSIGNMENT. The parties agree that the expertise and
experience of CONSULTANT are material considerations for this
Agreement. CONSULTANT shall not assign or transfer any interest in
this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written consent of the city
manager. Consent to one assignment will not be deemed to be
consent to any subsequent assignment. Any assignment made without
the approval of the city manager will be void.
SECTION 12.SUBCONTRACTING°
[OPTION A:NO SUBCONSULTANTS] CONSULTANT shall not subcontract
any portion of the work to be performed under this Agreement
without the prior written authorization of the city manager or
designee.
[OPTION B:SUBCONSULTANTS AUTHORIZED] Notwithstanding Section II
above, CITY agrees that subconsultants may be used to complete the
Services. The subconsultants authorized by CITY to perform work on
this Project are:
0
(USE WITH BOTH OPTIONS A AND B) CONSULTANT shall be responsible for
directing the work of any subconsultants and for any compensation
due to subconsultants. CITY assumes no responsibility whatsoever
concerning such compensation. CONSULTANT shall be fully
responsible to CITY for all acts and omissions of a subconsultant.
CONSULTANT shal! change or add subconsultants only with the prior
approval of the city manager or his designee.
SECTION 13. PROJECT MANAGEME}~. CONSULTANT will assign
as the project director to have supervisory
responsibility for the performance, progress, and execution of the
Services and as the project coordinator to
represent CONSULTANT during the day-to-day work on the Project. If
circumstances or conditions subsequent to the execution of this
Agreement cause the substitution of the project director, project
coordinator, or any other key personnel for any reason, the
appointment of a substitute project director and the assignment of
4
050310
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
any key new or replacement personnel will be subject to the prior
written approval of the CITY’s project manager. CONSULTANT, at
CITY’s request, shall promptly remove personnel who CITY finds do
not perform the Services in an acceptable manner, are
uncooperative, or present a threat to the adequate or timely
completion of the Project or a threat to the safety of persons or
property.
The City manager will represent CITY for all purposes under this
Agreement. is designated as the project manager for
the CITY and will be assisted by , the Project
Engineer. The project manager will be CONSULTANT’s point of contact
with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from
time to time.
SECTION 14. DUTIES OF CITY. To assist CONSULTANT in the
performance of the Services, CITY will furnish or cause to be
furnished the specified sel=vices and/or documents described in
Exhibit ~A" and such other available information as may be
reasonably requested by CONSULTANT.
SECTION 15. OWNERSHIP OF MATERIALS.
15.1. All drawings, plans, reports, specifications,
calculations, documents, other materials and copyright interests
(including all copyrightable interests arising under the 1990
Architectural Works Copyright Protection Act) developed or
discovered by CONSULTANT or any other person engaged directly or
indirectly by CONSULTANT to perform the services required hereunder
shall be and remain the property of CITY without restriction or
limitation upon their use. Neither CONSULTANT nor its contractors,
if any, shall make any of such materials available to any
individual or organization without the prior written approva! of
the city manager or designee.
15.2. In addition to the provisions of Subsection 15.1.,
above, the following shall apply to all plans, drawings,
specifications, and related reports and documents, and electronic
equivalents (collectively "Plans") developed pursuant to this
Agreement:
15.1.1. CITY shall have the right to reproduce and
use the Plans forpurposes of the Project that is the subject of
this Agreement, including, but not limited to, any use associated
with construction, reconstruction, modification, management,
maintenance, and renovation of the Project.
15.2.2. CITY shall have the right to reproduce,
use and modify the PLANS, or portions thereof, in the design and
construction of any other future CITY project. CITY acknowledges
that CONSULTANT does not warrant the suitability of the PLANS for
050310
5
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
reuse other than as needed for the Project that is the subject of
this AGREEMENT.
15.2.3. The right of the CITY to modify and reuse
the PLANS pursuant to this Subsection 15.2. is subject to the
provisions of California Business and Professions Code Sections
5536.25, 6735, 6735.3 or 6735.4, whichever is applicable.
SECTION 16. AUDITS. CONSULTANT will permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’s records pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Agreement.
SECTION 17. INDEMNITY. To the fullest extent permitted by law,
CONSULTANT shall protect, indemnify, defend and hold harmless CITY,
its Council members, officers, employees and agents (each an
~Indemnified Party") from and against any and all demands, claims,
or liability of any nature, including death or injury to any
person, property damage or any other loss, including all costs and
expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements (~Claims") that arise out of, pertain
to, or relate to the negligence, recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it
is caused in part by an Indemnified Party.
Notwithstanding the above, nothing in this Section 17 shall be
construed to require CONSULTANT to indemnify an Indemnified Party
from Claims arising from the active negligence, sole negligence or
willful misconduct of an Indemnified Party.
The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The
provisions of this Section 17 shall survive the expiration or early
termination of this Agreement.
SECTION 18o WAIVERS. The waiver by either party of any breach
or violation of any covenant, term, condition or provision of this
Agreement, or of the provisions of any ordinance or law, wil! not
be deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law.
SECTION 19. INSUB-ANCE.
19 .I. CONSULTANT, at its sole cost and expense, shall
obtain and maintain, in full force and effect during the term of
050310
6
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
this Agreement, the insurance coverage described in Exhibit "D"
CONSULTANT and its contractors, if any, shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured
under any general liability or automobile policy or policies.
19.2.All insurance coverage required hereunder shall
be provided through carriers with Best’s Key Rating Guide ratings
of A-:V!I or higher which are admitted to transact insurance
business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will
obtain and maintain, in full force and effect during the term of
this Agreement, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
19.3.Certificates evidencing such insurance shall be
filed with CITY concurrently with the execution of this Agreement.
The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance
is primary coverage and will not be canceled, or materially reduced
in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days’ prior written notice of the
cancellation or modification, CONSULTANT shal! be responsible for
ensuring that current certificates evidencing the insurance are
provided to CITY’s Purchasing Manager during the entire term of
this Agreement.
19.4.The procuring of such required policy or
policies of insurance will not be construed to limit CONSULTANT’s
liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of
insurance, CONSULTANT will be obligated for the full and total
amount of any damage, injury, or loss caused by or directly arising
as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement
is terminated or the term has expired.
SECTION 20° WORKERS’ COMPENSATION. CONSULTANT, by executing this
Agreement, certifies that it is aware of the provisions of the
Labor Code of the State of California which require every employer
to be insured against liability for workers’ compensation or to
undertake self-insurance in accordance with the provisions of that
Code, and certifies that it will comply with such provisions, as
applicable, before commencing and during the performance of the
Services.
SECTION 21. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
21.1.The city manager may suspend the performance of
the Services, in whole or in part, or terminate this Agreement,
with or without cause, by giving ten (I0) days’ prior written
notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the
050310
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
Services.
21.2.CONSULTANT may terminate this Agreement or
suspend its performance of the Services by giving ten (i0) days
prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
21.3.Upon such suspension or termination, CONSULTANT
shall deliver to the City Manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONSULTANT or its contractors, if
any, or given to CONSULTANT or its contractors, if any, in
connection with this Agreement. Such materials will become the
property of CITY.
21.4.Upon such suspension or termination by CITY,
CONSULTANT will be paid for the Services rendered or materials
delivered to CITY in accordance with the scope of services on or
before the effective date (i.e., i0 days after giving notice) of
suspension or termination; provided, however, if this Agreement is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY as such determination may be made by the City Manager acting
in the reasonable exercise of his/her discretion
21.5. No payment, partial payment, acceptance, or
partial acceptance by CITY will operate as a waiver on the part of
CITY of any of its rights under this Agreement.
SECTION 22. NOTICES°
All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager.
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 23. CONFLICT OF INTEREST.
23.1.In accepting this Agreement, CONSULTANT
covenants that it presently has no interest, and will not acquire
any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the
Services.
8
050310
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
23.2.CONSULTANT further covenants that, in the
performance of this Agreement, it will not employ subconsultants,
contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial
interest under this Agreement is an officer or employee of CITY;
this provision will be interpreted in accordance with the
applicable provisions of the Palo Alto Municipal Code and the
Government Code of the State of California.
23.3. If the Project Manager determines that CONSULTANT
is a ~Consultant" as that term is defined by the Regulations of the
Fair Political Practices Commission, CONSULTANT shall be required
and agrees to file the appropriate financial disclosure documents
required by the Palo Alto Municipal Code and the Political Reform
Act.
SECTION 24. NO}~ISCRIMINATIONo As set forth in Palo Alto Municipal
Code section 2.30.510, CONSULTANT agrees that in the performance of
this Agreement, it shall not discriminate in the employment of any
person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such
person. CONSULT;uNT acknowledges that it has read and understands
the provisions of Chapter 2.28 of the Palo Alto Municipal Code
relating to Nondiscrimination Requirements and the penalties for
violation thereof, and agrees to meet all requirements of Chapter
2.28 pertaining to nondiscrimination in employment, including
completing the form furnished by CITY and set forth in Exhibit "E".
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of
the State of California.
25.2.In the event that an action is brought, the
parties agree that trial of such action will be vested exclusively
in the state courts of California or in the United States District
Court for the~Northern District of California in the County of
Santa Clara, State of California.
25.3.The prevailing party in any action brought to
enforce the provisions of this Agreement may recover its reasonable
costs and attorneys’ fees expended in connection with that action°
25.4.This document represents the entire and
integrated agreement between the parties and supersedes all prior
negotiations, representations, and contracts, either written or
oral. This document may be amended only by a written instrument,
which is signed by the parties.
25.5.
of this Agreement
The covenants, terms, conditions and provisions
will apply to, and will bind, the heirs,
050310
9
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
successors, executors, administrators, assignees, and CONSULTANTs,
as the case may be, of the parties.
25.6.If a court of competent jurisdiction finds or
rules that any provision of this Agreement or any amendment thereto
is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and
effect.
25.7.All exhibits referred to in this Agreement and
any addenda, appendices, attachments, and schedules to this
Agreement which, from time to time, may be referred to in any duly
executed amendment hereto are by such reference incorporated in
this Agreement and will be deemed to be a part of this Agreement.
25.8.This Agreement is subject to the fiscal
provisions of the Charter of the City of Palo Alto and the Palo
Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds
are not appropriated for the following fisca! year, or (b) at any
time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This Section 25.8 shal! take
precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Agreement.
i0
050310
Attachment D
USE FOR PROFESSIONAL SERVICES (ARCHITECTS, ENGINEERING DESIGN)
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date
first above written.
APPROVED AS TO FORM:CITY OF PALO ALTO
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
Assistant City Manager
[ CONSULTANT ]
By :
Name :
Title :
(If corporation: President or vice-President)
By :
Name :
Title :
(If corporation: Secretary or Treasurer)
Taxpayer Identification No.
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
II
050310
ATTACHMENT E
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WiTH A BEST’S KEY RATING OF A-;VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE
BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED
YES
YES
YES
YES
TYPE OF COVERAGE
WORKER’S ~OMPENSATION
AUTOMOBILE LIABILITY
COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL,
AND FIRE LEGAL LIABIUTY
COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED
PROFES’SIONAL LIABILITY,’
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPUCABLE), AND NEGLIGENT
PERFORMANCE
REQUIREMENT
STATUTORY
STATUTORY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
BODILY IN3URY
EACH PERSON
EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURYAND PROPERTY
DAMAGE, COMBINED
ALL DAMAGES
MINIMUM LIMITS
EACH
OCCURRENCE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
AGGREGATE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS
SUBCONSULTANS, 1F ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, N~JS/tlNG AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES,
INSURANCE COVERAGE MUST INCLUDE:
Ao A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF
COVERAGE CANCELLATION; AND
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY - SEE SECTION TBD, SAMPLE AGREEMENT FOR SERVICES.
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND
IV THROUGH V, BELOW.
A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENTIBROKER:
C.POLICY NUMBER(S):
City of Palo Alto.-Page 1 of 2
ATTACHMENT E
INSURANCE REQUIREMENTS
D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR
APPROVAL):
Vo
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S
SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED
HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES"
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTINGWITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMEFTI" OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY
(30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME
SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S INFORMATION FORM.
Firm:
Signature:
Name:
(Pdnt or type name)
Signature:
Name:
(Pdnt or type name)
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
City of Palo Alto- -Page 2 of 2
ATTACHMENT C
System Features ...... ,
Access to the Community Notification
Application
Via any web browser
Via any phone using automated interactive voice
response
Via any phone using live telephone operator
Message Initiation and Broadcast Options
Initiate via the web
Initiate via a live operator
Initiate message in multiple languages
Create text messages
Convert text to speech
Record voice messages using Voice over Intemet
Protocol (VgIP) ~r microphone
Record voices messages over the phone
Record standard pre and post message for use in all
messages
Create messages on demand
Schedule date and time for one-time or recurring
messages
Send email attachments with broadcasts
Priority service levels (priority in queue for
emergencY messages
Rebroadcas~ to unconfirmed recipients
Escalate broad if primary recipient does not respond
Store unlimited prerecorded messages in online
library
.....Notification Delivery
Voice (landline or wireless)
Email
NTI
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
3N
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes Yes
Yes Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes Yes
Yes
Yes
Yes
Yes
No, But
Willing
Yes
Facsimile Yes
Pager Yes
Text/SMS Yes Yes
PDA Yes Yes
Blackberry Yes Yes
Satellite phone Yes Yes
Other
Imeraetion/PMling .......
Accommodates multiple-choice, response-based
questions and surveys
Polls data such as well-being, location, availability
Reporting,
Web-based~ rea,!-time tracking of message delivery
Retrievable or remote reporting
Real-time consolidation of recipient responses
Time and date stamp for all message delivery
attempts, including all retries
Historical tracking of data via a web-based user
! interface
Broadcast archive and audit trail
Specialized Features and Functionality
Ability to i,otegrate with GIS maps
Will not send duplicate information to a member if
in more than on~ group
Bulletin board service - message recipients could
call data center to listen to or post messages
Product updates/enhancements
Ability,t° API interface with existing systems
Ability to override established contact paths in an
emergency
Yes
Yes
Qualified
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
GIS
Yes
No
Yes No
Subscriber Access
Citizens can access and control their own contact
information Yes Yes
Prioritize contact paths based on emergency / non-
emergency notification Yes Yes
Organization / Administrative Control of Data
Upload data in multiple forms (ASCII, Excel,
Access)
Subscribers can be added or removed one at a time
if needed
Unlimited numbers of groups and subgoups
Unlimited contact cycles
Bafkbone/Scalability
Operates on Windo~vs XP
Add additional capacity, as required
Seq,urity
Built on secure platform
Hosted in secure facility
128-bit encryption
Username/password authentication
Reliability / Availability
Multiple datacenters
Multi-tier, multi-server architecture with full
redundancy
Automatic Server and message recovery
Test System
Yes
Yes
Yes
Yes
N/A
Yes
Yes
Yes
Yes
Yes
N/A
Yes
Yes
Yes
No
Yes
N/A
Yes
Yes
Yes
Yes
Yes
No
N/A
No
ATTACHMENT D
Community Alerting and Emergency Notification System
Vendor Demonstrations
Vendor (Circle One): Connect-CTY
What did you like about the system?
3N
What didn’t you like about the system?
Did it seem simple to use? Y N (if no, why not)
Other Comments:
You Represent: City Staff Community Schools
City Council Other (specify)