HomeMy WebLinkAboutCAD IGA - 9-1-1Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 7,2012
Please see directions for completing this document on the next page.
DATE: 02/2812012
FROM: Rick Silbaugh 9-1-1 (541) 322-6100
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2012-142, an Intergovernmental Agreeement with
ODOT for reimbursement from a grant for a computer aided dispatch (CAD) system.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County 9-1-1 Service District applied for two grants in July 2008. This IGA is for the
second grant to enable all of the 9-1-1 centers in Central Oregon from Washington to California to
connect with each other and with the Oregon State Police and Department of Transportation. This IGA
allows pass-through of funds for the project from ODOT to Deschutes County 9-1-1.
FISCAL IMPLICATIONS:
This is a budgeted item in both revenue and expense.
RECOMMENDATION & ACTION REQUESTED:
Move Board signatuer of Document No. 2012-142.
ATTENDANCE: Rick Silbaugh
DISTRIBUTION OF DOCUMENTS:
Two original signed copies should be returned to Rick Silbaugh at Deschutes County 9-1-1 who will
then forward them to the project manager for ODOT to obtain their signitures.
DESCHUTES COUNTY DOCUMENT SUMMARY
Please complete all sections above the Official Review line.
Date: 102/28/20121 Department: 19-1-11
Contractor Contact: Matt Badzinskil
132921
Type of Document: IGA for reimbursements from ODOT grant.
Contractor/Supplier/Cons u ltant Name: L.::O-=-re:::sL~=-=.I:....:::-:";;;;":";:"="':"":'-=-='---.:....:"::::":":'.=.J:....:"::""::"'::::.:r=..:..:.l..;;;"';;;;"....;;..,..:-n
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Goods and/or Services: IGA to allow passthrough funds from ODOT to reimburse 9-1
1 for work done by our software vendors to complete CAD to CAD project.
Background & History: Grant originally secured in 2007/2008 to connect all 9-1-1
centers in Central Oregon with ODOT as well as the State Police. This will system will
greately improve public safety response to emegencies.
Agreement Starting Date: ,-I_--' Ending Date: L-----'
Annual Value or Total Payment: 1$284,204.oq
D Insurance Certificate Receiied (CieCk box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? [gJ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? Yes D No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
2/29/2012
Departmental Contact and Title: Rick Silbaugh Phone #: 541
322-6100
--__--Depa rtment Director Approval: __--"'?I"':C'-_-___-_~_=_~__=___=__=__=__
Signature
Distribution of Document: Two signed originals to be returned to Rick at 9-1-1.
Official Review:
County Signature Required (check one): 0 SOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No . ____-'
Legal Review Date
Document Number DC 201 2-142
212 8/2012
REVIEYv'ED
LEGAL COUN~EL
Misc. Contracts and Agreements
No. 28095
INTERGOVERNMENTAL AGREEMENT
Project Name: Oregon 9-1-1 Computer Aided Dispatch (CAD) Interconnect
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and Deschutes County; 9-1-1 Service District, acting by and through its elected officials,
hereinafter referred to as "Agency," both herein referred to individually or collectively as
"Party" or "Parties."
RECITALS
1. State will pay Agency federal funds for their work to enhance the Computer Aided
Dispatch (CAD) Systems for Deschutes, Hood River and Wasco County. The CAD
System enhancements made shall meet the requirements as defined by the Oregon
9-1-1 Interconnect project to enable the sending and receiving of messages between
the Agency's CAD System, the Oregon Interoperability Server (OIS) and the CAD
Systems of the partiCipating Oregon 9-1-1 Interconnect project members.
2. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies
may enter into agreements with units of local government for the performance of any
or all functions and activities that a Party to the agreement, its officers, or agents
have the authority to perform.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State wishes to retain the services of Agency to perform the
work for the Oregon 9-1-1 CAD Interconnect as shown on Exhibit A, Statement of
Work, attached hereto and by this reference made a part hereof. Payment for said
services shall not exceed a maximum amount of $248,204 in federal funds available
to State.
2. The term of this Agreement shall begin on the date all required signatures are
obtained and shall terminate upon completion of the Project and final payment or ten
(10) calendar years following the date all required signatures are obtained,
whichever is sooner.
AGENCY OBLIGATIONS
1. Agency shall perform the work described in Exhibit A.
2. Agency shall keep accurate cost accounting records. Agency shall prepare and
submit monthly itemized, progress invoices for construction directly to State's Project
Manager for review and approval. Such invoices will be in a form identifying the
Project, the Agreement number, the invoice number or the account number or both,
Agency/State
Agreement No. 28095
and will itemize all expenses for which reimbursement is claimed. Under no
conditions shall State's obligations exceed $248,204, including all expenses. Travel
expenses shall be reimbursed to Agency in accordance with the current State of
Oregon Department of Administrative Services' rates.
3. Agency shall not enter into any subcontracts for any of the work scheduled under
this Agreement without obtaining prior written approval from State.
4. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 2798.220, 2798.225. 2798.230, 2798.235
and 2798.270 incorporated herein by reference and made a part hereof. Without
limiting the generality of the foregoing, Agency expressly agrees to comply with (i)
Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation
Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv)
all regulations and administrative rules established pursuant to the foregoing laws;
and (v) all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
5. Agency shall perform the service under this Agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to
its employment of individuals to perform the work under this Agreement including,
but not limited to, retirement contributions. workers compensation, unemployment
taxes, and state and federal income tax withholdings.
6. All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt
under ORS 656.126. Employers Liability insurance with coverage limits of not less
than $500,000 must be included. Agency shall ensure that each of its contractors
complies with these requirements.
7. Agency shall require its contractor(s) and subcontractor(s) that are not units of local
government as defined in ORS 190.003, if any, to indemnify, defend, save and hold
harmless the State of Oregon, Oregon Transportation Commission and its members,
Department of Transportation and its officers, employees and agents from and
against any and all claims, actions, liabilities, damages, losses, or expenses,
including attorneys' fees, arising from a tort, as now or hereafter defined in ORS
30.260, caused, or alleged to be caused, in whole or in part, by the negligent or
willful acts or omissions of Agency's contractor or any of the officers, agents,
employees or subcontractors of the contractor ("Claims"). It is the specific intention
of the Parties that State shall, in all instances, except for Claims arising solely from
the negligent or willful acts or omissions of the State, be indemnified by the
contractor and subcontractor from and against any and all Claims.
8. Any such indemnification shall also provide that neither Agency's contractor and
subcontractor nor any attorney engaged by Agency's contractor and subcontractor
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Agency/State
Agreement No. 28095
shall defend any claim in the name of the State of Oregon or any agency of the State
of Oregon, nor purport to act as legal representative of the State of Oregon or any of
its agencies, without the prior written consent of the Oregon Attorney General. The
State of Oregon may, at anytime at its election assume its own defense and
settlement in the event that it determines that Agency's contractor is prohibited from
defending the State of Oregon, or that Agency's contractor is not adequately
defending the State of Oregon's interests, or that an important governmental
principle is at issue or that it is in the best interests of the State of Oregon to do so.
The State of Oregon reserves all rights to pursue claims it may have against
Agency's contractor if the State of Oregon elects to assume its own defense.
9. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office,
the federal government, and their duly authorized representatives shall have access
to the books, documents, papers, and records of Agency which are directly pertinent
to the specific Agreement for the purpose of making audit, examination, excerpts,
and transcripts for a period of six (6) years after final payment (or completion of
Project --if applicable.) Copies of applicable records shall be made available upon
request. Payment for costs of copies is reimbursable by State.
10.Agency certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind Agency.
11.Agency's Project Manager for this Project is: Rick Silbaugh, Public Safety Systems
Manager, 20355 Poe Sholes Dr, Bend OR 97701, 541-322-6100,
ricks@deschutes.org, or assigned deSignee upon individual's absence. Agency shall
notify the other Party in writing of any contact information changes during the term of
this Agreement.
STATE OBLIGA1"IONS
1. In consideration for the services performed, State agrees to pay Agency within forty
five (45) days of receipt by State of the Project invoices for a total maximum amount
not to exceed $248,204. Said maximum amount shall include reimbursement for all
expenses. Travel expenses shall be reimbursed to Agency in accordance with the
current State of Oregon Department of Administrative Services' rates.
2. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
3. State's Project Manager for this Project is: Matt Badzinski, Information Systems
Project Manager, ODOT -TAD Building, 1178 Chemeketa Street NE, Salem OR
97301, 503-986-3292, Matthew.R.Badzinski@ODOT.state.or.us, or assigned
designee upon individual's absence. State shall notify the other Party in writing of
any contact information changes during the term of this Agreement.
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Agreement No. 28095
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GENERAL PROVISIONS 1
1. This Agreement may be terminated by either party upon thirty (30) days' notice, in
writing and delivered by certified mail or in person.1
2. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and after receipt of written
notice from State fails to correct such failures within ten (10) days or
such longer period as State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or State is prohibited from paying for such work from the
planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
4. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in DRS 30.260 ("Third Party Claim") against State or
Agency with respect to which the other Party may have liability, the notified Party
must promptly notify the other Party in writing of the Third Party Claim and deliver to
the other Party a copy of the claim, process, and all legal pleadings with respect to
the Third Party Claim. Each Party is entitled to participate in the defense of a Third
Party Claim, and to defend a Third Party Claim with counsel of its own choosing.
Receipt by a Party of the notice and copies required in this paragraph and
meaningful opportunity for the Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to that Party's liability with respect to the Third Party Claim.
5. With respect to a Third Party Claim for which State is jOintly liable with Agency (or
would be if joined in the Third Party Claim), State shall contribute to the amount of
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Agency/State
Agreement No. 28095 1
expenses (including attorneys' fees), judgments, fines and amounts paid in1 settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of State on the one hand and
of Agency on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of State on the one hand and of Agency
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments. fines or
settlement amounts. State's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
6. With respect to a Third Party Claim for which Agency is jointly liable with State (or
would be if joined in the Third Party Claim), Agency shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by State in such
proportion as is appropriate to reflect the relative fault of Agency on the one hand
and of State on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of Agency on the one hand and of State
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. Agency's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.
7. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jOintly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
8. As federal funds are involved in this Agreement, EXHIBITS Band C are attached
hereto and by this reference made a part hereof, and are hereby certified to by
Agency representative.
9. Agency, as a recipient of federal funds, pursuant to this Agreement with the State,
shall assume sole liability for Agency's breach of any federal statutes, rules, program
requirements and grant provisions applicable to the federal funds, and shall, upon
Agency's breach of any such conditions that requires the State to return funds to the
Federal Highway Administration, hold harmless and indemnify the State for an
amount equal to the funds received under this Agreement; or if legal limitations apply
to the indemnification ability of Agency, the indemnification amount shall be the
maximum amount of funds available for expenditure, including any available
contingency funds or other available non-appropriated funds, up to the amount
received under this Agreement.
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Agency/State
Agreement No. 28095
10.This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an orIginal.
11. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
THE PARTIES, by execution of this Agreement, hereby acknowledge that its signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
I Signature Page to Follow
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Agency/State
Agreement No. 28095
Deschutes County; 9-1-1 Service
District, acting by and through its elected
officials
By _________________
Anthony DeBone, Chair
Date ____________
By ______________
Alan Unger, Vice Chair
Date ____________
By _____________
Tammy Baney, Commissioner
Date ____________
APPROVED AS TO LEGAL
SUFFICIENCY
By ______________
Agency Counsel
Date ____________
Agency Contact:
Rick Silbaugh, Public Safety Systems
Manager
Deschutes County -9-1-1 Service District
20355 Poe Sholes Dr.
Bend OR, 97701
f541) 322-6100
ricks@deschutes.org
STATE OF OREGON, by and through
its Department of Transportation
By _________________
GERALD FAHRENKOPF, INTERIM CHIEF
INFORMATION OFFICER
Date _____________
APPROVAL RECOMMENDED
By _________________
RON WINTERROWD, TAD IS MANAGER
Date ______________
By _____=-________
GALEN MCGILL, ITS MANAGER
Date ____________
APPROVED AS TO LEGAL
SUFFICIENCY
By_________________
Assistant Attorney General
Date_________________
State Contact:
Matt Badzinski, Information Systems
Project Manager
ODOT -TAD Building
1178 Chemeketa
Salem OR, 97301
(503) 986-3292
Matthew.R.Badzinski@ODOT.state.or.us
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Agreement No. 28095
EXHIBIT A
Statement of Work
Identification:
1. Participating Organizations
a. Oregon Department of Transportation
1178 Chemeketa Street NE
Salem, OR 97301-2528
b. Deschutes County 911 Service District
20355 Poe Sholes Or,
Bend OR 97701
2. Principal Participants
a. State Project Team:
i. Rod Kamm, ITS Program Manager, Information Systems
ii. Chuck Larsen, ITS Technical Lead, Information Systems
iii. Kelle Forbes, ITS Business System Manager
iv. Galen McGill, ITS Business Manager
b. Rick Silbaugh, Public Safety Systems Manager
3. Project Managers
a. Matt Badzinski, ODOT Information Systems
b. Rick Silbaugh. Public Safety Systems Manager
Overview
1. The purpose of the Oregon 9-1-1 CAD Interconnect Project is to improve the
efficiency between multiple Agencies (Oregon Department of Transportation (State),
Oregon State Police (OSP) and County 911 Call Centers) by developing a system
solution to send, receive and sync incident events and information messages
automatically between the Agency's Computer Aided Dispatch (CAD) systems.
Benefits include:
a. Increase efficiency by reducing the time it takes to contact another agency to
request a service. Agencies currently make phone calls to communicate incident
events. Enabling direct information exchange between the Agencies CAD
systems will be faster than the current manual phone call process.
8
Agency/State
Agreement No. 28095
b. Eliminate mistakes that results from verbal miscommunication. Each Agency will
be able to view reported incidents and respond directly based on information
provided from another Agency's CAD system.
c. Improve transparency and coordination. Agencies will be able to systematically
view how an incident is being responded to by multiple agencies.
2. The following system components will need to be enhanced:
a. Oregon Inoperability Server (OIS)
b. ODOT Transportation Operation Center (TOC) system
c. Oregon State Police (OSP) CAD system
d. County 911 CAD systems
e. Deschutes County 911 CAD system (Phase 1)
f. Wasco/Hood River County 911 CAD system (Phase 2)
3. State will pay Agency Federal Highway Funds for their work to enhance their CAD
systems. The enhancements will allow the Agency CAD system to send, receive
and sync messages to and from other Agencies CAD systems via the OIS. The
improvements made to the Agency CAD System will be for enhancements required
to meet the project's defined system requirements.
Roles and Responsibilities
1. State Shall:
a. Remit payment to Agency as described in STATE OBLIGATIONS, paragraph 1
of this Agreement.
b. Manage the overall Oregon 9-1-1 CAD Interconnect project scope, schedule and
budget.
c. Communicate key project timelines and milestones to Agency.
d. Support Agency to research and resolve technical questions related to the OIS
system component.
e. Provide Agency the documents listed under Exhibit A, Section 4 of this
Agreement.
f. Coordinate, plan and execute integration testing with Agency.
2. Agency shall:
a. Submit invoices to State for costs incurred to make the required enhancements
to the Agency CAD system. Total invoices submitted shall not exceed $248,204.
b. Manage all aspects of the enhancement to their CAD System. This includes but
is not limited to:
i. Ensure the CAD enhancements meet the mandatory requirements, as
documented in State's ITS Central Oregon 9-1-1 CAD Interconnect Project
Concept of Operations, Version 2.1, dated March 8, 2011, hereinafter referred
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Agency/State
Agreement No. 28095
to as "Concept of Operations," incorporated herein and by this reference
made a part hereof,.
ii. Determine which optional requirements, as documented in the Concept of
Operations, will or will not be included in the CAD enhancement scope of
work.
iii. Ensure the CAD enhancements comply with the software and hardware
standards as described in the input documents under the Input Document and
Files Section of this Exhibit. 1 t iv. Procure contractors and allocate Agency staff to design, develop, test and
implement the required enhancements to the CAD system.
v. Unit test and functional test the CAD system enhancements.
vi. Develop test cases that describe the detailed system steps to be performed
using Agency's CAD system.
vii. In coordination with State, plan and participate in the execution of the
integration testing.
viii.Resolve CAD system issues identified as a result of unit, functional or
integration testing.
ix. Provide a monthly status update to State summarizing the overall status of
the CAD system enhancements, issues encountered and whether the
enhancements are on schedule to meet critical deadlines.
x. In coordination with State, manage and oversee the production
implementation of the CAD system enhancements.
xi. Ensure CAD dispatchers are trained to use the enhanced messaging
capabilities and are actively using the new functions once implemented in
production.
Input Documents and Files
1. The following documents and files shall be used by Agency to design, develop, test
and manage the enhancements to Agency's CAD System. Some of the input
documents may be merged into one document in the future.
a. Concept of Operations
i. This input document describes how messages will be sent, received and
synchronized between the various Agency CAD systems and the OIS. It
includes decryptions of the process categories (Call for Service, FYI Call,
Information Share, Center-to-Center Messaging and Monitor Incidents) that
will be supported by the OIS component and includes scenarios about how
messages may be routed by and to the various Agencies. It includes
descriptions of the mandatory or optional functionality that Agency's CAD
System is required to contain.
b. System Requirement Specifications
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Agency/State
Agreement No. 28095
i. This input document describes the high level system requirements per each
of the process categories that must be met by the CAD and OIS system
components. This includes software, hardware and service requirements.
c. Message Architecture
i. This document describes how messages are to be structured for the
processes categories that the OIS Enterprise Service Bus (ESB) will support.
It includes how the messages will be compliant with 1512 standards and
Simple Object Access Protocol (SOAP) principles. The document also
describes the message format and attributes that are or are not required to be
sent in the message.
d. OIS Connection Kit SpeCification
i. This input document contains technical details about the OIS ESB interface
solution, security requirements and the business scenarios of how messages
may be exchanged. It includes technical configuration information about how
the Agency's CAD systems shall connect to the OIS (Web Services,
Hypertext Transfer Protocol Secure (HTTPS) protocol and CAD System
server side Secure Socket Layer (SSL) certificates). This document also
describes the OIS ESB error handling and the business scenarios of how
messages will be exchanged and processed between the CAD Systems and
the OIS.
e. Message Schemas
i. Schemas defining the structure the messages. The Agency shall use these
files to send the messages to the OIS using the defined structure.
f. Sample Extensible Markup Language (XML) with data
i. Sample XML files with data examples.
g. XML Field Mapping
i. This file shows how each message type's key attributes, as defined in the
System Requirement Specification, align to the message schema files.
h. Integration Test Cases
i. This document will contain end-to-end test cases that will need to be
executed by the Agency CAD system using the OIS test environment. These
test cases will be for every possible process category and business scenario.
It will ensure a message is properly processed between the Agency CAD
system, the OIS and a Test Agency. It will not contain detailed procedural
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Agency/State
Agreement No. 28095
steps that must be performed within the Agency CAD System in order to
initiate or receive a message.
2. Deliverables
a. Using the Federal Funds provided under this Agreement. Agency shall deliver an
enhanced CAD system software code that shall:
i. Be tested using the OIS test environment for every defined Integration Test
Case.
ii. Have a passed status for all Integration Test Cases.
iii. Be Installed in the 9-1-1 CAD Interconnect production environment. Adhere to
the requirements and standards as described in the Input Document and Files
Section of this Exhibit.
iv. Be free of significant defects allowing Agency dispatchers to utilize the new
functionality.
b. Work to be performed to produce the deliverables is estimated to start on
February 1, 2012 and be completed by October 31, 2012.
c. The total Project cost, which includes the amount listed Terms of Agreement of
this Agreement, is estimated to be $248,204.
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Agency/State
Agreement No. 28095
For purposes of Exhibits Band C, references to Department shall mean State, references to Contractor shall mean
Agency and references to Contract shall mean Agreement.
EXHIBIT B
CONTRACTOR CERTIFICATION
Contractor certifies by signing this Contract that Contractor has not:
(a) Employed or retained for a commission, percentage, brokerage, contingency fee or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above Contractor) to solicit or secure this Contract,
(b) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the
services of any firm or person in connection with carrying out the Contract, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above Contractor), any fee, contribution, donation or consideration
of any kind for or in connection with, procuring or carrying out the Contract, except as here
expressly stated (if any):
Contractor further acknowledges that this certificate is to be furnished to the Federal Highway
Administration, and is subject to applicable State and Federal laws, both criminal and civil.
DEPARTMENT OFFICIAL CERTIFICATION
Department official likewise certifies by signing this Contract that Contractor or his/her representative has
not been required directly or indirectly as an expression of implied condition in connection with obtaining
or carrying out this Contract to:
(a) Employ, retain or agree to employ or retain, any firm or person or
(b) payor agree to pay, to any firm, person or organization, any fee, contribution, donation or
consideration of any kind except as here expressly stated (if any):
Department official further acknowledges this certificate is to be furnished to the Federal Highway
Administration, and is subject to applicable State and Federal laws, both criminal and civil.
EXHIBIT C
Federal Provisions
Oregon Department of Transportation
CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION
Contractor certifies by signing this Contract that to the best of its knowledge and belief, it and its
principals:
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Agency/State
Agreement No. 28095
1. Are not presently debarred, suspended,
proposed for debarment, declared
ineligible or voluntarily excluded from
covered transactions by any Federal
department or agency;
2. Have not within a three-year period
preceding this Contract been convicted of
or had a civil judgment rendered against
them for commission of fraud or a
criminal offense in connection with
obtaining, attempting to obtain or
performing a public (federal. state or
local) transaction or contract under a
public transaction; violation of federal or
state antitrust statutes or commission of
embezzlement. theft. forgery. bribery
falsification or destruction of records,
making false statements or receiving
stolen property;
3. Are not presently indicted for or otherwise
criminally or civilly charged by a
governmental entity (federal. state or
local) with commission of any of the
offenses enumerated in paragraph (1 )(b)
ofthis certification; and
4. Have not within a three-year period
preceding this Contract had one or more
public transactions (federal. state or
local) terminated for cause or default.
Where the Contractor is unable to certify to any
of the statements in this certification. such
prospective participant shall submit a written
explanation to Department.
List exceptions. For each exception noted.
indicate to whom the exception applies. initiating
agency, and dates of action. If additional space
is required, attach another page with the
following heading: Certification Exceptions
continued, Contract Insert.
EXCEPTIONS:
Exceptions will not necessarily result in denial of
award. but will be considered in determining
Contractor responsibility. Providing false
information may result in criminal prosecution or
administrative sanctions.
The Contractor is advised that by Signing this
Contract, the Contractor is deemed to have
Signed this certification.
II. INSTRUCTIONS FOR CERTIFICATION
REGARDING DEBARMENT, SUSPENSION,
AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
1. By signing this Contract, the Contractor
is providing the certification set out
below.
2. The inability to provide the certification
required below will not necessarily result
in denial of participation in this covered
transaction. The Contractor shall explain
why he or she cannot provide the
certification set out below. This
explanation will be considered in
connection with the Department
determination to enter into this
transaction. Failure to furnish an
explanation shall disqualify such person
from participation in this transaction.
3. The certification in this clause is a
material representation of fact upon
which reliance was placed when the
Department determined to enter into this
transaction. If it is later determined that
the Contractor knowingly rendered an
erroneous certification, in addition to
other remedies available to the Federal
Government or the Department may
terminate this transaction for cause of
default.
4. The Contractor shall provide immediate
written notice to the Department if at any
time the Contractor learns that its
certification was erroneous when
submitted or has become erroneous by
reason of changed circumstances.
5. The terms "covered transaction",
"debarred", "suspended", "ineligible",
"lower tier covered transaction",
"participant", "person", "primary covered
transaction", "principal", and "voluntarily
excluded", as used in this clause, have
the meanings set out in the Definitions
and Coverage sections of the rules
implementing Executive Order 12549.
You may contact the Department's
Program Section (Tel. (503) 986-3400)
to which this proposal is being submitted
14
Agency/State
Agreement No. 28095
for assistance in obtaining a copy of
those regulations.
6. The Contractor agrees by entering into
this Contract that, should the proposed
covered transaction be entered into, it
shall not knowingly enter into any lower
tier covered transactions with a person
who is debarred, suspended, declared
ineligible or voluntarily excluded from
participation in this covered transaction,
unless authorized by the Department or
agency entering into this transaction.
7. The Contractor further agrees by
entering into this Contract that it will
include the Addendum to Form
FHWA-1273 titled, "Appendix
B-Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion--Lower Tier Covered
Transactions", provided by the
Department entering into this covered
transaction without modification, in all
lower tier covered transactions and in all
solicitations for lower tier covered
transactions.
8. A participant in a covered transaction
may rely upon a certification of a
prospective participant in a lower tier
covered transaction that it is not
debarred, suspended, ineligible or
voluntarily excluded from the covered
transaction, unless it knows that the
certification is erroneous. A participant
may decide the method and frequency
by which it determines the eligibility of
its principals. Each participant may, but
is not required to, check the
Nonprocurement List published by the
U. S. General Services Administration.
9. Nothing contained in the foregoing shall
be construed to require establishment of
a system of records to render in good
faith the certification required by this
clause. The knowledge and information
of a participant is not required to exceed
that which is normally possessed by a
prudent person in the ordinary course of
business dealings.
10. Except for transactions authorized under
paragraph 6 of these instructions, if a
participant in a covered transaction
knowingly enters into a lower tier
covered transaction with a person who
is suspended, debarred, ineligible or
voluntarily excluded from participation in
this transaction, in addition to other
remedies available to the Federal
Government or the Department, the
Department may terminate this
transaction for cause or default.
III. ADDENDUM TO FORM FHWA-1273,
REQUIRED CONTRACT PROVISIONS
This certification applies to subcontractors,
material suppliers, vendors, and other lower tier
participants.
Appendix B of 49 CFR Part 29
Appendix B--Certificatlon Regarding
Debarment, Suspension, Ineligibility, and
Voluntary Exclusion--Lower Tier Covered
Transactions
Instructions for Certification
1. By signing and submitting this Contract,
the prospective lower tier participant is
providing the certification set out below.
2. The certification in this clause is a
material representation of fact upon
which reliance was placed when this
transaction was entered into. If it is later
determined that the prospective lower
tier participant knowingly rendered an
erroneous certification, in addition to
other remedies available to the Federal
Government, the department or agency
with which this transaction originated
may pursue available remedies,
including suspension and/or debarment.
3. The prospective lower tier participant
shall provide immediate written notice to
the person to which this Contract is
submitted if at any time the prospective
lower tier participant learns that its
certification was erroneous when
submitted or has become erroneous by
reason of changed circumstances.
4. The terms "covered transaction",
"debarred", "suspended", "ineligible",
15
Agency/State
Agreement No. 28095
"lower tier covered transaction",
"participant", "person", "primary covered
transaction", "principal", "proposal", and
"voluntarily excluded", as used in this
clause, have the meanings set out in the
Definitions and Coverage sections of
rules implementing Executive Order
12549. You may contact the person to
which this Contract is submitted for
assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant
agrees by submitting this Contract that,
should the proposed covered
transaction be entered into, it shall not
knowingly enter into any lower tier
covered transaction with a person who
is debarred, suspended, declared
ineligible or voluntarily excluded from
participation in this covered transaction,
unless authorized by the department or
agency with which this transaction
originated.
6. The prospective lower tier participant
further agrees by submitting this
Contract that it will include this clause
titled, "Certification Regarding
Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier
Covered Transaction", without
modification, in all lower tier covered
transactions and in all solicitations for
lower tier covered transactions.
7. A partiCipant in a covered transaction
may rely upon a certification of a
prospective participant in a lower tier
covered transaction that it is not
debarred, suspended, ineligible or
voluntarily excluded from the covered
transaction, unless it knows that the
certification is erroneous. A participant
may decide the method and frequency
by which it determines the eligibility of
its principals. Each participant may, but
is not required to, check the
nonprocurement list.
8. Nothing contained in the foregoing shall
be construed to require establishment of
a system of records to render in good
faith the certification required by this
clause. The knowledge and information
of a participant is not required to exceed
that which is normally possessed by a
prudent person in the ordinary course of
business dealings.
9. Except for transactions authorized under
paragraph 5 of these instructions, if a
participant in a covered transaction
knowingly enters into a lower tier
covered transaction with a person who
is suspended, debarred, ineligible or
voluntarily excluded from participation
in this transaction, in addition to other
remedies available to the Federal
Government, the department or agency
with which this transaction originated
may pursue available remedies,
including suspension andlor debarment.
Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary
Exclusion--lower Tier Covered
Transactions
a. The prospective lower tier participant
certifies, by entering into this
Contract, that neither it nor its
principals is presently debarred,
suspended, proposed for
debarment, declared ineligible or
voluntarily excluded from
participation in this transaction by
any Federal department or agency.
b. Where the prospective lower tier
participant is unable to certify to any
of the statements in this certification,
such prospective participant shall
submit a written explanation to
Department.
IV. EMPLOYMENT
1. Contractor warrants that he has not
employed or retained any company or
person, other than a bona fide employee
working solely for Contractor, to solicit
or secure this Contract and that he has
not paid or agreed to pay any company
or person, other than a bona fide
employee working solely for
Contractors, any fee, commISSIon,
percentage, brokerage fee, gifts or any
other consideration contingent upon or
resulting from the award or making of
16
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Agency/State
Agreement No. 28095
this Contract. For breach or violation of
this warranting, Department shall have
the right to annul this Contract without
liability or in its discretion to deduct from
the Contract price or consideration or
otherwise recover, the full amount of
such fee, commission, percentage,
brokerage fee, gift or contingent fee.
2. Contractor shall not engage, on a full or
part-time basis or other basis, during the
period of the Contract, any professional
or technical personnel who are or have
been at any time during the period of
this Contract, in the employ of
Department, except regularly retired
employees, without written consent of
the public employer of such person.
3. Contractor agrees to perform consulting
services with that standard of care, skill
and diligence normally provided by a
professional in the performance of such
consulting services on work similar to
that hereunder. Department shall be
entitled to rely on the accuracy,
competence, and completeness of
Contractor's services.
V. NONDISCRIMINATION
During the performance of this Contract,
Contractor, for himself, his assignees and
successors in interest, hereinafter referred
to as Contractor, agrees as follows:
1. Compliance with Regulations.
Contractor agrees to comply with Title
VI of the Civil Rights Act of 1964, and
Section 162(a) of the Federal-Aid
Highway Act of 1973 and the Civil
Rights Restoration Act of 1987.
Contractor shall comply with the
regulations of the Department of
Transportation relative to
nondiscrimination in Federally assisted
programs of the Department of
Transportation, Title 49, Code of
Federal Regulations, Part 21, as they
may be amended from time to time
(hereinafter referred to as the
Regulations), which are incorporated by
reference and made a part of this
Contract Contractor, with regard to the
work performed after award and prior to
completion of the Contract work, shall
not discriminate on grounds of race,
creed, color, sex or national origin in the
selection and retention of
subcontractors, including procurement
of materials and leases of equipment.
Contractor shall not participate either
directly or indirectly in the discrimination
prohibited by Section 21.5 of the
Regulations, including employment
practices, when the Contract covers a
program set forth in Appendix B of the
Regulations.
2. Solicitation for Subcontractors, including
Procurement of Materials and
Equipment. In all solicitations, either by
competitive bidding or negotiations
made by Contractor for work to be
performed under a subcontract,
including procurement of materials and
equipment, each potential subcontractor
or supplier shall be notified by
Contractor of Contractor's obligations
under this Contract and regulations
relative to nondiscrimination on the
grounds of race, creed, color, sex or
national origin.
3. Nondiscrimination in Employment (Title
VII of the 1964 Civil Rights Act). During
the performance of this Contract,
Contractor agrees as follows:
a. Contractor will not discriminate
against any employee or applicant
for employment because of race,
creed, color, sex or national origin.
Contractor will take affirmative
action to ensure that applicants are
employed, and that employees are
treated during employment, without
regard to their race, creed, color,
sex or national origin. Such action
shall include, but not be limited to
the following: employment,
upgrading, demotion or transfer;
recruitment or recruitment
advertising; layoff or termination;
rates of payor other forms of
compensation; and selection for
training, including apprenticeship.
Contractor agrees to post in
conspicuous places, available to
employees and applicants for
17
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Agency/State
Agreement No. 28095
employment. notice setting forth the
provisions of this nondiscrimination
clause.
b. Contractor will, in all solicitations or
advertisements for employees
placed by or on behalf of Contractor,
state that all qualified applicants will
receive consideration for
employment without regard to race,
creed, color, sex or national origin.
4. Information and Reports. Contractor will
provide all information and reports
required by the Regulations or orders
and instructions issued pursuant
thereto, and will permit access to his
books, records, accounts, other sources
of information, and his facilities as may
be determined by Department or FHWA
as appropriate, and shall set forth what
efforts he has made to obtain the
information.
5. Sanctions for Noncompliance. In the
event of Contractor's noncompliance
with the nondiscrimination provisions of
the Contract, Department shall impose
such agreement sanctions as it or the
FHWA may determine to be appropriate,
including, but not limited to:
a. Withholding of payments to
Contractor under the agreement until
Contractor complies; and/or
b. Cancellation, termination or
suspension of the agreement in
whole or in part.
6. Incorporation of Provisions. Contractor
will include the provisions of paragraphs
1 through 6 of this section in every
subcontract, including procurement of
materials and leases of equipment,
unless exempt from Regulations, orders
or instructions issued pursuant thereto.
Contractor shall take such action with
respect to any subcontractor or
procurement as Department or FHWA
may direct as a means of enforcing such
prOVIsions, including sanctions for
noncompliance; provided, however, that
in the event Contractor becomes
involved in or is threatened with litigation
with a subcontractor or supplier as a
result of such direction, Department
may, at its option, enter into such
litigation to protect the interests of
Department, and, in addition, Contractor
may request Department to enter into
such litigation to protect the interests of
the State of Oregon.
VI. DISADVANTAGED BUSINESS
ENTERPRISE (DBE) POLICY
In accordance with Title 49, Code of
Federal Regulations, Part 26, Contractor
shall agree to abide by and take all
necessary and reasonable steps to comply
with the following statement:
DBE POLICY STATEMENT
DBE Policy. It is the policy of the United
States Department of Transportation
(USDOT) to practice nondiscrimination on
the basis of race, color, sex and/or national
origin in the award and administration of
USDOT assist contracts. Consequently, the
DBE requirements of 49 CFR 26 apply to
this Contract.
Required Statement For USDOT
Financial Assistance Agreement. If as a
condition of assistance the Agency has
submitted and the US Department of
Transportation has approved a
Disadvantaged Business Enterprise
Affirmative Action Program which the
Agency agrees to carry out, this affirmative
action program is incorporated into the
financial assistance agreement by
reference.
DBE Obligations. The Department and its
Contractor agree to ensure that
Disadvantaged Business Enterprises as
defined in 49 CFR 26 have the opportunity
to participate in the performanCe of
contracts and subcontracts financed in
whole or in part with Federal funds. In this
regard, Contractor shall take all necessary
and reasonable steps in accordance with
49 CFR 26 to ensure that Disadvantaged
Business Enterprises have the opportunity
to compete for and perform contracts.
Neither Department nor its contractors shall
discriminate on the basis of race, color,
18
Agency/State
Agreement No. 28095
national origin or sex in the award and
performance of federally-assisted contracts.
The Contractor shall carry out applicable
requirements of 49 CFR Part 26 in the
award and administration of such contracts.
Failure by the Contractor to carry out these
requirements is a material breach of this
Contract, which may result in the
termination of this Contract or such other
remedy as Department deems appropriate.
The DBE Policy Statement and Obligations
shall be included in all subcontracts
entered into under this Contract.
Records and Reports. Contractor shall
provide monthly documentation to
Department that it is subcontracting with or
purchasing materials from the DBEs
identified to meet Contract goals.
Contractor shall notify Department and
obtain its written approval before replacing
a DBE or making any change in the DBE
participation listed. If a DBE is unable to
fulfill the original obligation to the Contract,
Contractor must demonstrate to
Department the Affirmative Action steps
taken to replace the DBE with another
DBE. Failure to do so will result in
withholding payment on those items. The
monthly documentation will not be required
after the DBE goal commitment is
satisfactory to Department.
Any DBE participation attained after the
DBE goal has been satisfied should be
reported to the Departments.
DBE Definition. Only firms DBE
certified by the State of Oregon,
Department of Consumer & Business
Services, Office of Minority, Women &
Emerging Small Business, may be utilized
to satisfy this obligation.
CONTRACTOR'S DBE CONTRACT GOAL
DBE GOAL _0_ %
By Signing this Contract, Contractor
assures that good faith efforts have been
made to meet the goal for the DBE
participation specified in the Contract for
this project as required by ORS 200.045,
and 49 CFR 26.53 and 49 CFR, Part 26,
Appendix A.
VII. LOBBYING
The Contractor certifies, by signing this
agreement to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have
been paid or will be paid, by or on behalf
of the undersigned, to any person for
influencing or attempting to influence an
officer or employee of any Federal
agency, a Member of Congress, an
officer or employee of Congress or an
employee of a Member of Congress in
connection with the awarding of any
Federal contract, the making of any
Federal grant, the making of any
Federal loan, the entering into of any
cooperative agreement, and the
extension, continuation, renewal,
amendment or modification of any
Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal
appropriated funds have been paid or
will be paid to any person for influencing
or attempting to influence an officer or
employee of any Federal agency, a
Member of Congress, an officer or
employee of Congress or an employee
of a Member of Congress in connection
with this agreement, the undersigned
shall complete and submit Standard
Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its
instructions.
This certification is a material
representation of fact upon which reliance
was placed when this transaction was
made or entered into. Submission of this
certification is a prerequisite for making or
entering into this transaction imposed by
Section 1352, Title 31, U. S. Code. Any
person who fails to file the required
certification shall be subject to a civil
penalty of not less than $10,000 and not
more than $100,000 for each such failure.
The Contractor also agrees by signing this
agreement that he or she shall require that
19
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Agency/State
Agreement No. 28095
the language of this certification be included
in all lower tier subagreements. which
exceed $100,000 and that all such
subrecipients shall certify and disclose
accordingly.
FOR INQUIRY CONCERNING
DEPARTMENT'S DBE
PROGRAM REQUIREMENT
CONTACT OFFICE OF CIVIL
RIGHTS AT (503)986-4354.
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