HomeMy WebLinkAboutItem 03 Dispatch Phone System Contract AGENDA ITEM SUMMARY Meeting Date: 10/16/2023
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andrew Shearer/ Police
Staff Phone No: 541.726.3729
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Strengthen Public Safety
by Leveraging
Partnerships and
Resources
ITEM TITLE: DISPATCH PHONE SYSTEM CONTRACT
ACTION
REQUESTED:
Authorize the City Manager to sign an agreement with Noble 911 Services, LLC
for the purchase, installation and maintenance of an Intrado Viper public safety
phone system in substantially similar form as the attached draft contract.
ISSUE
STATEMENT:
Establish an agreement to replace the current phone system used by Springfield
Police Department dispatch with a public safety grade phone system.
ATTACHMENTS: 1: C3499 Draft Noble 911 Services Contract
DISCUSSION/
FINANCIAL
IMPACT:
Subsequent to the 2021 city wide phone system replacement project, the need for a
phone system meeting public safety industry standards was identified. Key business
requirements specific to police dispatch functionality were not met with the new
city phone system requiring use of unreliable work arounds related to the dispatch
radio and phone system interface. Additionally, city phone system maintenance and
updates cause system wide downtime directly impacting the ability to support
emergency phone lines. With support from the City’s Information Technology
Department, the Springfield Police Department recommended installation of a
dedicated phone system for police dispatch adhering to public safety industry
standards. In fiscal year 2023, City Council approved allocation of $320,000 in
ARPA funds in support of the dispatch phone system project.
Over the last year, the Springfield Police Department explored multiple public
safety grade phone systems that met the established business requirements and were
scaled down in functionality and complexity to reduce cost. Noble 911 Services,
LLC recommended an Intrado Viper phone system with a seven-year useful life
meeting business requirements and was the most cost-effective phone system
reviewed by the Springfield Police Department.
The draft contract with Noble 911 Services, included as Attachment 1, totals
$363,000 over seven years and utilizes the HGAC-Buy Master Agreement for 9-1-1
Equipment & Emergency Notification Software & Services as the sourcing of the
procurement. As previously noted, the phone system will be supported by $320,000
of ARPA funds and the remaining $43,000 will be incorporated into future
Springfield Police budgets.
Springfield Police requests Council grant the City Manager approval to sign an
agreement substantially similar in form as the attached draft contract with Noble
911 Services LLC for the purchase, installation and maintenance of an Intrado
Viper public safety phone system.
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 1 of 11
PUBLIC SAFETY CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911
SERVICES, LLC AND CITY OF SPRINGFIELD
Noble 911 Services, LLC (“Noble 911”) and the CITY OF SPRINGFIELD (“Customer”), who
are referred to in this contract together as “Parties” or individually as “Party”, hereby enter into
this Public Safety Contract for Sales and Service (“Agreement”). This Agreement is effective
upon the execution of this Agreement by the parties (“Effective Date”).
This agreement is entered into as an end user agreement to the HGAC-Buy Master Agreement
for 9-1-1 Equipment & Emergency Notification Software & Services, EC07-23 (“Master
Agreement”). To the extent any terms or conditions of this Agreement conflict with the Master
Agreement, the terms of the Master Agreement will prevail.
1. Products and Services Supplied under this Agreement.
1.1 Noble 911 will provide and Customer will purchase Intrado hardware, software, or
both (“Products”) specified in Appendix A - N911/SPD HGAC to this Agreement.
Customer will purchase Products to provide Public Safety Emergency
Communications Services.
1.2 Noble 911 agrees to install Products specified in Appendix A - N911/SPD HGAC
according to the terms and conditions described in Sections 4 and 5 of this
Agreement.
1.3 Noble 911 is an authorized sales and maintenance agent of Intrado systems and
services. Noble 911 will provide maintenance services for Products specified in
Appendix A – N911/SPD HGAC according to the terms and conditions described in
Sections 6.1-6.5 of this Agreement.
1.4 Title to Products, if any, passes to Customer upon physical delivery to Customer’s
identified site.
2. Sales Terms
2.1 Noble 911 prices for products, installation, and maintenance appear in Appendix A -
N911/SPD HGAC to this Agreement per the HGAC Buy Cooperative Purchasing
Program. All charges will be paid within 60 days after receipt of the invoice and in
accordance with the payment schedules referenced in Appendix A - N911/SPD
HGAC to this Agreement. Prices quoted in this Agreement will be honored for 90
days after the date of the quote, after that time prices are subject to change.
2.2 Acceptance. Customer must notify Noble 911, in writing, specifying any portions of
the products listed in Appendix A - N911/SPD HGAC that are unacceptable. If
Customer has not so notified Noble 911 within 30 business days from the installation
date or delivery date, whichever is applicable, products will be deemed accepted.
2.3 Late Payment Charge. Noble 911 may apply a service charge of 2/3 of one percent
(2/3%) per month on any unpaid balance not received by Noble 911 within 60 days
after Customer receives an invoice.
2.4 Payment terms: 60% of Year 1 total due upon contract signature, and 40% of Year 1
total and costs outlined for years 2-6 due upon system acceptance of contents in
Appendix A - N911/SPD HGAC. Annual fees outlined in the invoice schedule of
Appendix A – N911/SPD HGAC for year 7 due on year 7 contract anniversary.
C3499, Page 1 of 20DRAFT
ATTACHMENT 1, Page 1 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 2 of 11
2.5 Taxes, Surcharges, and Fees. Prices do not include taxes, surcharges, or fees,
established by governmental authorities, including: None. Taxes, surcharges and fees
do not apply to this Agreement. Alternatively, Customer may supply Noble 911 a tax
exemption certificate in a form satisfactory to Noble 911.
2.6 Customer Default. In the event Customer fails or neglects to comply with any term
or condition of this Agreement or to pay for services as provided herein, Noble 911
will have the right, after 30 days prior written notice, to cease performance or
warranty service hereunder. This remedy will be in addition to any other remedies,
including termination, available to Noble 911 in law or equity.
2.7 Customer Right to Terminate.
2.7.1 Customer may, at its sole discretion, suspend Noble 911’s Services under this
Agreement, upon written notice by Customer to Noble 911, setting forth the length of
the proposed suspension.
2.7.2 Customer may, at its sole discretion, terminate this Agreement without cause
upon thirty (30) days written notice by Customer to Noble 911.
2.7.3 Customer may, in its sole discretion, terminate this Agreement, immediately
upon notice to Noble 911, or at a later date as Customer may establish in the notice,
upon the occurrence of any of the following events:
2.7.3.1 Federal or state laws, regulations, or guidelines are applied, modified
or interpreted in a way that either the procurement or purchase of or payment
for the Services or Goods by Customer under this Agreement is challenged or
prohibited, or Customer is prohibited from paying for Services or Goods from
the planned funding source; or
2.7.4 Customer may terminate this Agreement upon written notice to Noble 911, or
at a later date as Customer may establish in the notice, if Noble 911 fails or neglects
to comply with any term or condition of this Agreement.
2.7.5 Noble 911 shall stop performance under this Agreement as directed by
Customer in any written notice of suspension or termination delivered to Noble 911
under this section.
2.8 Order Changes. Any changes to an order or installation request and any additional
orders for Product(s) must be by written amendment or by submitting a written
purchase order (“Purchase Order”) to Noble 911. The amendment and/or Purchase
Order will be approved by authorized representatives of both Parties, and
incorporated into this Agreement.
3. Delivery
3.1 Customer will ensure that its personnel are available to receive delivery of products at
site, at a date and time to be determined between Noble 911 and Customer and will
make available secure space for storage.
3.2 Risk of loss and damage to products passes to Customer upon delivery and
acceptance of products to Customer at site.
3.3 Unless otherwise agreed, Customer will be responsible for proper site preparation, for
meeting and maintaining proper environmental conditions, including but not limited
to, air conditioning, cleanliness, temperature requirements, and electrical
requirements as indicated by the manufacturers of products in Appendix A -
C3499, Page 2 of 20DRAFT
ATTACHMENT 1, Page 2 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 3 of 11
N911/SPD HGAC. All requirements will be provided to Customer prior to scheduled
equipment delivery.
3.4 Products delivered to Customer will be available at site on the installation date. The
estimated installation begin and complete are outlined in Attachment 1, Statement of
Work. Noble 911 will coordinate with Customer’s technical services manager or
designee regarding the installation and project schedule for any dates that need to be
adjusted.
4. Installation. To ensure that the products set for the site as described in Appendix A -
N911/SPD HGAC have been installed according to the manufacturer’s specifications,
Customer agrees to provide proper site preparation, including allowing compliance with
manufacturer’s specifications of floor plan requirements, as well as providing necessary
openings, ducts, terminals and cross connect fields, and conduits in floors and walls.
Customer also agrees to meet and maintain proper environmental requirements as indicated
by manufacturer of products listed in Appendix A - N911/SPD HGAC and providing electric
current and grounds for any necessary purpose, related to this Agreement, with suitable
outlets in rooms where required. Noble 911 shall deliver a copy of all manufacturer’s
specifications to Customer upon request.
5. Time and Materials Charges. Additional time and materials charges are applicable under
the following circumstances: Any modifications to a building’s electrical system that is
required to install listed products and not provided by Customer; drilling access holes and
providing suitable conduit; and/or connecting voice recorder equipment which was not
purchased under this Agreement. Time and materials charges are set forth in Appendix A -
N911/SPD HGAC. Noble 911 shall prepare and provide Customer with a written quote for
all additional Products or Services. Noble 911 shall not provide any additional services until
Customer has reviewed and accepted the quote. The written quote for additional Product or
Services will be an amendment to this Agreement and will not be effective until signed by
the Parties.
6. Maintenance. After expiration of the warranty period, all products listed in Appendix A -
N911/SPD HGAC will be maintained in accordance with the manufacturer’s original
performance specifications.
6.1 Service and Scope of Maintenance. Noble 911 will provide remedial maintenance
on products listed in Appendix A - N911/SPD HGAC, 24 hours a day, seven days a
week on a call out basis. Remedial maintenance means maintenance Noble 911
deems reasonably appropriate and necessary to return products listed in Appendix A –
N911/SPD HGAC to proper operating condition as specified by manufacturer’s
specifications which will be provided to Customer at time of signature of this
Agreement and immediately after any changes by the manufacturer. Customer will
work with Noble 911 and/or Intrado on diagnostic procedures of any product
malfunction. Customer’s systems staff will notify Noble 911 of technical or other
requested support issues via Noble 911’s PSAP portal, phone, or email. All system
modifications performed on-site or remote will be communicated with and approved
by Customer’s technical systems manager or designee prior to implementation.
Validation testing will be performed by Noble 911 following any system modification
C3499, Page 3 of 20DRAFT
ATTACHMENT 1, Page 3 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 4 of 11
to verify successful modification outcome and no other system impacts are observed.
Noble 911, 911 Severity and Response is included as Attachment 3 and outlines
Noble 911 service level and response times.
6.2 Repair and Replacement of Parts. Noble 911 will have the option to repair or
replace products specified in Appendix A – N911/SPD HGAC upon written consent
by Customer. Noble 911 will provide a formal cost quote to Customer for any
required costs for the repair or replacement parts that are not covered by the annual
maintenance costs outlined in Appendix A – N911/SPD HGAC prior to written
consent. Noble 911 may, upon obtaining written consent of Customer, use
reconditioned parts or components of products as replacement. Replacement parts
become the property of Customer, and the defective parts become the property of
Noble 911 unless Noble 911 uses parts from Customer’s spare inventory. In those
cases, the defective part will remain the property of the Customer. Costs/pricing for
replacement parts will be the listed price at the date the replacement occurs. Noble
911 shall update the costs/pricing for Products and Services on Appendix A -
N911/SPD HGAC as changes are made.
6.3 Maintenance Exclusions. Equipment or products not listed on Appendix A -
N911/SPD HGAC to this Agreement are not covered by this Agreement. Service calls
for products listed in Appendix A - N911/SPD HGAC that are damaged as a result of
misuse of the products, abusive environment, Customer modification (not approved
by Noble 911 or Intrado), Customer interfaces with peripheral products, moves, fire,
vandalism, operator error, use of improper supplies, natural disasters, or other causes
beyond normal usage of the products are not covered by this Agreement. However, if
Customer requests Noble 911 to make repairs under such circumstances, and if Noble
911 agrees to make such repairs, Noble 911 will provide Customer with a written
quote for the repair and shall not provide Products or Services until Customer has
reviewed and accepted the quote. The accepted quote is an amendment to this
Agreement. Service calls to locations which are remote from the primary locations
listed are not covered by this Agreement.
6.4 Term of Maintenance. The term of maintenance will be eighty-four (84) months
and will begin the day after the warranty period expires for products. Should Noble
911’s Agreement with equipment manufacturer terminate before the end of this
Agreement, Noble 911 may discontinue maintenance service with reasonable notice
to Customer. Customer may discontinue maintenance service without further
obligation to Noble 911 upon sixty (30) days written notice to Noble 911 or
immediately if there is a violation of law.
6.5 Rates and Charges for Maintenance. Noble 911 may initiate an increase following
the 84-month contracted maintenance term, not to exceed three percent (3%)
annually, provided Noble 911 notifies Customer, in writing, 30 days in advance of
any such increase. Maintenance charges are provided in Appendix A - N911/SPD
HGAC.
7. Customer Premise Equipment. Customer authorizes Noble 911 to assist with
communication and coordination with local telecommunication providers for the installation
and maintenance of Customer Provided Equipment (“CPE”), described in Appendix A -
C3499, Page 4 of 20DRAFT
ATTACHMENT 1, Page 4 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 5 of 11
N911/SPD HGAC. Noble 911 will work with described providers up to the Customer’s
demarcation point as coordinated by the Customer’s technical systems manager or designee.
8. Subcontractors. Upon first obtaining written consent of Customer, Noble 911 may
subcontract all or any portion of the work.
9. OSHA/Asbestos. Noble 911 and Customer will adhere to all applicable health and safety
laws, rules and regulations including the Occupational Safety and health Administration’s
(“OSHA”) rules and regulations. Customer certifies, to the best of its knowledge, that there is
no asbestos on any premises or in any areas where Noble 911 will be working. This
Agreement does not contemplate or include prices attributable to working in an asbestos
environment. In the event asbestos is discovered in the Noble 911 work area, Noble 911
shall immediately notify Customer. Customer, in its sole discretion, may elect to terminate
this Agreement or pay reasonable additional costs to remediate the issue in compliance with
OSHA’s rules and regulations.
10. Limitation of Liability. OREGON REVISED STATUTE 403.110 SHALL APPLY TO
THIS AGREEMENT BY THIS REFERENCE AND GOVERN LIMITATION OF
LIABILITY.
11. INSURANCE.
11.1 Required Insurance. Noble 911 shall obtain at Noble 911’s expense the insurance
specified in this section 11 prior to performing under this Agreement and shall
maintain it in full force and at its own expense throughout the duration of this
Agreement and all warranty periods. Noble 911 shall obtain the following insurance
from insurance companies or entities that are authorized to transact the business of
insurance and issue coverage in State and that are acceptable to Customer.
11.2 Workers’ Compensation. All employers, including Noble 911, that employ subject
workers, as defined in Oregon Revised Statute (ORS) 656.027, shall comply with
ORS 656.017 and shall provide workers' compensation insurance coverage for those
workers, unless they meet the requirement for an exemption under ORS 656.126(2).
Noble 911 shall require and ensure that each of its subcontractors complies with these
requirements.
11.3 Employer’s Liability. If Noble 911 is a subject employer, as defined in ORS
656.023, Noble 911 shall obtain employers' liability insurance coverage.
11.4 Professional Liability. Professional Liability Insurance covering any damages
caused by an error, omission or any negligent acts related to the services to be
provided under this Agreement. Noble 911 shall provide proof of insurance of not
less than the following amounts as determined by the Customer:
Per occurrence limit for any single claimant through June 30, 2016:
$2,046,300. July 1, 2016 and thereafter the adjusted limitation as determined
by the State Court Administrator pursuant to ORS 30.260 to 30.300.
Per occurrence limit for multiple claimants through June 30, 2016, 4,096,000.
July 1, 2016 and thereafter the adjusted limitation as determined by the State
Court Administrator pursuant to ORS30.260 to 30.300.
C3499, Page 5 of 20DRAFT
ATTACHMENT 1, Page 5 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 6 of 11
State Court Administrator website:
http://courts.oregon.gov/OJD/courts/circuit/tort_claims_act.page
11.5 Commercial General Liability. Commercial General Liability. Commercial General
Liability Insurance covering bodily injury, death, and property damage in a form and
with coverages that are satisfactory to the State. This insurance shall include personal
injury liability, products, and completed operations. Coverage shall be written on an
occurrence basis. Noble 911 shall provide proof of insurance of not less than the
following amounts as determined by the Customer:
11.5.1 Coverage must be written on an occurrence basis in an amount of not less
than $2,000,000 per occurrence. Annual aggregate limit may not be less than
$3,000,000.
11.6 Bodily Injury/Death.
Per occurrence limit for any single claimant through June 30, 2016, 2,046,300.
July 1, 2016 and thereafter the adjusted limitation as determined by the State
Court Administrator pursuant to ORS 30.260 to 30.00.
Per occurrence limit for multiple claimants through June 30, 2016, 4,096,000.
July 1, 2016 and thereafter the adjusted limitation as determined by the State
Court Administrator pursuant to ORS 30.260 to 30.300.
State Court Administrator website:
https://www.courts.oregon.gov/pages/tort.aspx
From July 1, 2016, and every year thereafter, the adjusted limitation will be as
determined by the State Court Administrator pursuant to ORS 30.273.
12. Indemnification. OPERATION OF PUBLIC SAFETY SYSTEMS, CUSTOMER
PREMISES SERVICES AND PRODUCTS IS THE SOLE RESPONSIBILITY OF
CUSTOMER. NOBLE 911’S SOLE UNDERTAKING IS LIMITED TO PROVIDING THE
PRODUCTS SOLD, INSTALLATION AND MAINTENANCE OF THE PRODUCTS IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
INDEMNIFICATION FOR CLAIMS ASSOCIATED WITH PERSONAL INJURY,
DEATH OR PROPERTY DAMAGE ARISING FROM OPERATION OF SUCH PUBLIC
SAFETY SYSTEMS, CPE AND PRODUCTS SHALL BE AS PROVIDED BY OREGON
REVISED STATUE ORS 403.110. NOBLE 911’S ENTIRE LIABLIITY FOR ANY
CLAIM OR LOSS, DAMAGE OR EXPENSE FROM ANY CAUSE WHATSOEVER
WILL IN NO EVENT EXCEED THE HIGHER OF THE REPAIR OR REPLACEMENT
COST OF THE ITEM WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO
EVENT SHALL NOBLE 911 BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON
WHATSOEVER.
13. Confidentiality. No party will, without the prior written consent of the other parties, make
any disclosure of the terms of this Agreement or disclose or use the confidential information
of the other party. A party may disclose confidential information if required to do so by a
governmental agency, by operation of law or court order, or if necessary in any proceeding to
establish right or obligations under the Agreement, provided that the disclosing party gives
the non-disclosing party reasonable prior written notice. Customer’s obligations of
C3499, Page 6 of 20DRAFT
ATTACHMENT 1, Page 6 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 7 of 11
confidentiality, if any, are subject to the Oregon Public Records Laws, ORS 192.410 through
ORS 192.505 and Oregon Custody and Maintenance of Records Laws, ORS 192.005
through192.170.
14. Warranties.
14.1 THE WARRANTY PROVIDED IN THIS PARAGRAPH IS LIMITED AND
EXCLUSIVE. NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WILL
APPLY TO THIS AGREEMENT.
14.2 WARRANTY FOR PRODUCTS WILL BEGIN ON THE ACCEPTANCE DATE
AND WILL CONTINUE FOR ONE FULL CALENDAR YEAR. DURING THIS
WARRANTY PERIOD, NOBLE 911 WILL PROVIDE SERVICE TO KEEP
PRODUCTS LISTED IN APPENDIX A - N911/SPD HGAC IN GOOD WORKING
ORDER AND ENSURE PRODUCTS CONFORM TO THE SPECIFICATIONS,
TERMS, AND CONDITIONS OF THIS AGREEMENT.
14.3 DURING THE WARRANTY PERIOD, NOBLE 911 WILL REPAIR OR
REPLACE, AT NO CHARGE, PRODUCTS THAT ARE DEFECTIVE DUE TO
QUALITY OF MATERIAL OR MANUFACTURER’S WORKMANSHIP. FOR
PRODUCTS SOLD BUT NOT INSTALLED BY NOBLE 911, A 90 DAY
WARRANTY WILL BEGIN ON THE DATE OF DELIVERY OF THE
PRODUCT(S) TO CUSTOMER.
14.4 PERSONNEL FURNISHED BY NOBLE 911 WILL BE QUALIFIED TO
PERFORM TASKS AND FUNCTIONS FOR WHICH THEY ARE ASSIGNED
AND WILL PERFORM THEM IN A PROFESSIONAL MANNER.
14.5 Noble 911 has the skill and knowledge possessed by well-informed members of its
industry, trade or profession and Noble 911 will apply that skill and knowledge with
care and diligence and perform Services in a timely, professional and workmanlike
manner in accordance with the highest standards applicable to Noble 911’s industry,
trade or profession;
14.6 Noble 911 is and shall be, at all times during the term of this Agreement, qualified,
professionally competent, and duly licensed to perform Services and do business in
the State of Oregon;
14.7 Noble 911 is not in violation of, charged with nor, to the best of Noble 911’s
knowledge, under any investigation with respect to violation of, any provision of any
federal, state or local law, ordinance or regulation or any other requirement or order
of any governmental or regulatory body or court or arbitrator applicable to provision
of the Services, and Noble 911’s provision of the Services shall not violate any such
law, ordinance, regulation or order;
14.8 Noble 911’s performance under this Agreement to the best of Noble 911's knowledge
creates no potential or actual conflict of interest, as defined by ORS 244, for either
Noble 911 or any Noble 911 personnel that will perform the Services under this
Agreement.
14.9 Noble 911 shall perform all Services as an independent contractor. Although
Customer has the right (i) to determine and modify the delivery schedule for Services
to be performed and (ii) to evaluate the quality of the completed performance,
C3499, Page 7 of 20DRAFT
ATTACHMENT 1, Page 7 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 8 of 11
Customer cannot and will not control the means or manner of Noble 911's
performance. Noble 911 is responsible for determining the appropriate means and
manner of performing any Services required under this Agreement. Noble 911
certifies, represents and warrants that Noble 911 is an independent contractor of
Customer under all applicable State and federal law. Noble 911 is not an "officer",
"employee", or "agent" as those terms are used in ORS 30.265 of State or Customer.
Neither party shall make any statements, representations, nor commitments of any
kind or to take any action binding on the other except as provided for herein or
authorized in writing by the party to be bound.
14.10 Noble 911 represents and warrants that the personnel providing services under this
Agreement are employees of Noble 911; that Noble 911 withholds applicable income
taxes from the pay of its employees; that Noble 911 pays workers’ compensation
insurance premiums arising from the employment of its employees under this
Agreement; that Noble 911 makes all other applicable tax and related payments
arising from that employment (including without limitation social security tax
payments); and that Noble 911 provides employee benefits to its employees,
including without limitation health insurance benefits, vacation benefits, and
retirement benefits.
14.11 For a period of no fewer than six calendar years preceding the Effective Date of this
Agreement, Noble 911 faithfully has complied with:
• All tax laws of this state, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
• Any tax provisions imposed by a political subdivision of this state that applied to
Noble 911, to Noble 911’s property, operations, receipts, or income, or to Noble
911’s performance of or compensation for any work performed by Noble 911;
• Any tax provisions imposed by a political subdivision of this state that applied to
Noble 911, or to goods, services, or property, whether tangible or intangible,
provided by Noble 911; and
• Any rules, regulations, charter provisions, or ordinances that implemented or
enforced any of the foregoing tax laws or provisions.
14.12 IF THE PRODUCTS OR SERVICES FAIL TO MEET THE TERMS OF THIS
WARRANTY AS A RESULT OF THE ACTIONS OR NEGLIGENCE OF
CUSTOMER OR ACTIONS OF A THIRD PARTY (OTHER THAN AN AGENT
OF, OR INDEPENDENT CONTRACTOR OF NOBLE 911), OR DAMAGE
RELATING TO ACTS OF GOD, FIRE, VANDALISM, OPERATOR ERROR, USE
OF IMPROPER SUPPLIES, OR CUSTOMER INTERFACES OF PERIPHERAL
EQUIPMENT, THEN CUSTOMER WILL PAY ALL CHARGES ASSOCIATED
WITH THE REPAIR OR REPLACEMENT THEREOF IF CUSTOMER DECIDES
TO REPAIR OR REPLACE SAID ITEMS.
15. Warranty Exclusions. THE WARRANTIES PROVIDE BY NOBLE 911 UNDER THIS
AGREEMENT DO NOT INCLUDE THE FOLLOWING: WORK OR SUPPLY OF
MATERIAL RELATING TO MAINTAINING A PROPER ENVIRONMENT OUTSIDE
OF APPENDIX A - N911/SPD HGAC ; EQUIPMENT NOT SOLD, INSTALLED, AND
MAINTAINED BY NOBLE 911 EXCEPT FOR THE 90 DAY WARRANTY FOR
PRODUCTS SOLD BUT NOT INSTALLED BY NOBLE 911; FURNISHING SUPPLIES
C3499, Page 8 of 20DRAFT
ATTACHMENT 1, Page 8 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 9 of 11
WHICH ARE NOT PART OF THE PRODUCTS OR RELATED FURNISHING
MATERIAL; PRODUCTS AFFECTED BY OPERATOR ERROR, MISUSES OF
PRODUCTS OR NATURAL DISASTERS; WARRANTY AND MAINTENANCE ON
UNINTERRUPTED POWER SUPPLY; SUCH WARRANTIES ARE THROUGH THE
MANUFACTURER AND DO NOT INCLUDE BATTERY REPLACEMENT;
ELECTRICAL WORK EXTERNAL TO PRODUCTS SOLD UNDER THIS
AGREEMENT; NOBLE 911 DOES NOT WARRANT THAT THE OPERATION OF THE
PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
16. Software. All software remains the property of the software’s owner. If required by the
owner, a license must be granted to the end-user (Noble 911’s Customer), to use such
software and may contain specific terms and conditions for such use. These specific terms
and conditions for use are governed entirely by said owner. Noble 911 shall deliver a copy
of all such licenses to Customer. Customer shall have 30 days to review the license. If the
terms of the license are unacceptable to Customer, Customer may terminate this Agreement
without liability. If the terms of the license are acceptable to Customer, both parties will
adhere to the terms of the license and such license will be executed as required and will
become incorporated into this Agreement by reference.
17. Dispute Resolution/Applicable Law. In the event that the parties have any disagreement,
dispute, breach or claim of breach, non-performance, or repudiation arising from, related to
or in connection with the Agreement or any of the terms or conditions thereof, or any
transaction hereunder including but not limited to either party’s failure or alleged failure to
comply with any of the provisions of the Agreement (hereinafter collectively the “Dispute”),
other than one related to the release of Confidential Information, the parties shall first
conduct the following procedure in an attempt to resolve the Dispute:
• The parties shall make every effort to settle any Dispute through their respective
managers, within five (5) calendar days of one party notifying the other party of a Dispute.
• If the Dispute is not resolved between the managers, then either party may initiate formal
dispute resolution discussions by advising the other party in writing. The contact point for
these discussions shall be the parties’ Authorized Representatives. The parties shall attempt
to resolve the Dispute within 5 calendar days of the notice from a party that they are
initiating this second level of Dispute resolution discussions. If the parties mutually agree in
writing that there has been substantial progress toward resolution of the Dispute, this second
level may be extended for an additional five (5) business day period which shall commence
at the conclusion of the first five (5) day period.
• If the parties are unable to resolve the Dispute, the parties may file suit as set forth below.
Nothing in this section 17: (a) will in any way limit a party’s rights to seek injunctive relief
of any kind, at any time, with respect to any matter; (b) in any way limit Customer’s or Noble
911’s right to suspend or terminate the Agreement or pursue other remedies available under
the Agreement, by law or otherwise; (c) remove the requirement to provide notices or filings
to meet deadlines otherwise required by law; or (d) constitute a waiver of the sovereign
C3499, Page 9 of 20DRAFT
ATTACHMENT 1, Page 9 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 10 of 11
immunity of the State of Oregon. The Agreement will otherwise be governed by the laws of
the State of Oregon, without regard to its choice of law principles. Any claim, action, or suit
(collectively, “Proceeding”) between State and Noble 911 that arises from or relates to this
Agreement shall be brought and conducted within the Circuit Court of the State of Oregon
for appropriate counties; provided, however, if a Proceeding must be brought in a federal
forum, then unless otherwise prohibited by law, it shall be brought and conducted within the
United States District Court for the District of Oregon. NOBLE 911 HEREBY CONSENTS
TO THE IN PERSONAM JURISDICTION OF THESE COURTS AND WAIVES ANY
OBJECTION TO VENUE IN THESE COURTS AND ANY CLAIM THAT THE FORUM
IS AN INCONVENIENT FORUM. Nothing in these provisions shall be construed as a
waiver of the State of Oregon's sovereign or governmental immunity, whether derived from
the Eleventh Amendment to the United States Constitution or otherwise, or a waiver of any
defenses to Proceedings or consent to jurisdiction based thereon.
18. Entire Agreement/Assignment/Severability. The Agreement constitutes the entire
agreement between Customer and Noble 911 with respect to the subject matter hereof, and
supersedes all prior oral or written agreements or understandings relating to the subject
matter hereof. The Agreement is intended solely for Noble 911 and Customer and it will not
benefit or be enforceable by any other person or entity, including End Users. Customer
agrees not to resell or assign the service or any of Customer’s rights or obligations under this
Agreement without prior written consent from Noble 911, which consent shall not be
unreasonably withheld. Customer may not assign to a reseller or a telecommunications
carrier under any circumstances. All terms of the Agreement that should by their nature
survive the termination of the Agreement will so survive. If any term of the Agreement is
held unenforceable, such term will be construed as nearly as possible to reflect the original
intent of the parties and the remaining terms will remain in effect.
19. Waiver/Delay. Neither party’s failure to insist upon strict performance of any provision of
the Agreement will be construed as a waiver of any of its rights hereunder. Neither party will
be liable for any delay or failure to perform its obligations hereunder if such delay or failure
is caused by an unforeseeable event beyond the reasonable control of that party, including
natural disasters, acts of terror, material shortages or unavailability, changes in applicable
government laws or regulations, war or civil disorder, or failures of suppliers of goods and
services.
20. Amendment. All amendments to the Agreement must be in writing and signed by the
parties’ authorized representatives. However, any change in rates, charges or regulations
mandated by the legally constituted authorities will act as a modification of any contract to
that extent without further notice.
21. Notices. Except as otherwise provided herein, all required notices must be in writing and sent
to Noble 911 at PO Box 1857, Sisters, Oregon 97759; Facsimile #: 541-549-1071; Attn.;
Legal Department, and to Customer at the address below. Except as otherwise provided
herein, all notices will be deemed given: (a) when delivered in person to the recipient named
above; (b) three business days after delivered via regular U.S. Mail; (c) when delivered via
C3499, Page 10 of 20DRAFT
ATTACHMENT 1, Page 10 of 20
CONTRACT FOR SALES AND SERVICE BETWEEN NOBLE 911 SERVICES,
LLC AND CITY OF SPRINGFIELD
Page 11 of 11
overnight courier mail; or (d) when delivered by facsimile. Customer’s current address,
facsimile number, and person designated for notices are:
Attention:
CITY OF SPRINGFIELD
230 Fourth Street, Springfield, Oregon 97477
Noble 911 and Customer execute and authorize this Agreement as of the last date shown below:
For Customer:
NAME/SIGNATURE/TITLE
Date:
NAME/SIGNATURE/TITLE
Date:
For Noble 911 Services, LLC
_____________________________
Joel Palanuk, CEO
Date:
NAME/SIGNATURE/TITLE
Date:
C3499, Page 11 of 20DRAFT
ATTACHMENT 1, Page 11 of 20
Appendix A Springfield PD - Intrado VIPER system - Noble 911 Services HGAC pricing
19-Sep-23
SUMMARY
Systems One time systems costs 132,501.79$
Services Intrado Services 14,996.07$
Maintenance Intrado Software/Hardware subscriptions 102,671.73$
NOB911-I5 Noble 911 system installation 15,500.00$
NOB911-GLP5 Noble 911 - Annual Gold Line Protection (per year)13,500.00$
Shipping 3,000.00$
7 year total 363,169.59$
60% year 1 total due upon contract signature - 40% year 1 total due upon system acceptance
All pricing based on Noble 911 Services HGAC pricing catalog - EC07-23
Annual payment summary
Year 1 Year 1 Installation and Maintenance fees 194,165.25$
Year 2 Year 2 Software Support & Onsite Maintenance 28,167.39$
Year 3 Year 3 Software Support & Onsite Maintenance 28,167.39$
Year 4 Year 4 Software Support & Onsite Maintenance 28,167.39$
Year 5 Year 5 Software Support & Onsite Maintenance 28,167.39$
Year 6 Year 6 Software Support & Onsite Maintenance 28,167.39$
Year 7 Year 7 Software Support & Onsite Maintenance 28,167.39$
Model#Description Qty Selling Price Total
VIPER
912825/BB VIPER Server Bundle 1 21,890.73$ 21,890.73$
911830 VIPER Gateway Chassis G3 1 1,119.77$ 1,119.77$
911831 CIM G3 1 2,738.34$ 2,738.34$
912811 Application Server License 4 844.07$ 3,376.28$
912812 PBX Access License 3 547.16$ 1,641.48$
911834 AIM G3 3 1,425.16$ 4,275.48$
912716/24 Cisco C2960X-24TS-L 24 port switch (with stacking module)2 4,607.19$ 9,214.38$
Subtotal 44,256.46$
Power Stations/Laptop
P10097 27" LED Backlit Monitor 3 737.15$ 2,211.45$
914600/4 IWS External Programmable Keypad - 48 Buttons 3 524.78$ 1,574.34$
911810-1/BB Power Station Bundle 3 6,983.27$ 20,949.81$
914114/BAK Portable 9-1-1 Position (Back-up)1 10,179.70$ 10,179.70$
914158 Laptop VPN Support License 1 844.07$ 844.07$
913152 Power 911 Add-On Recorder for Radio (ITRR)1 534.43$ 534.43$
914600/4 IWS External Programmable Keypad - 48 Buttons 1 524.78$ 524.78$
Subtotal 36,818.58$
Power 911
913100 Power 911 Client and Server Access License 3 10,171.21$ 30,513.63$
913152 Power 911 Add-On Recorder for Radio (ITRR)3 534.43$ 1,603.29$
Subtotal 32,116.92$
Power 911 Hardware
914961 IWS Server Bundle - Type B 1 10,314.84$ 10,314.84$
Subtotal 10,314.84$
Network Equipment
914148 Firewall Appliance 1 2,120.77$ 2,120.77$
Subtotal 2,120.77$
Staging
950852 Front Room Equipment Staging - Per Position 3 365.65$ 1,096.95$
950853 Back Room Equipment Staging - Per Cabinet 1 2,559.55$ 2,559.55$
Subtotal 3,656.50$
Power Metrics
P10199/1 Power Metrics - Data Collector: single RDDM 1 6,874.22$ 6,874.22$
Subtotal 6,874.22$
Training
960780 Power 911 Administrator Training 1 2,193.90$ 2,193.90$
960801 Power 911 User Training 1 2,193.90$ 2,193.90$
Subtotal 4,387.80$
Intrado Project Management
950510 Project Management Services 1 6,951.77$ 6,951.77$
Subtotal 6,951.77$
Power Metrics Annual Services
Power Metrics Annual Services Year 1
P10221 Power Metrics - 1-4 pos. annual service per PSAP 1 2,413.29$ 2,413.29$
P10219 Power Metrics Suite - Annual access contract per PSAP 1 1,404.10$ 1,404.10$
Power Metrics Annual Services Year 2
P10221 Power Metrics - 1-4 pos. annual service per PSAP 1 2,413.29$ 2,413.29$
P10219 Power Metrics Suite - Annual access contract per PSAP 1 1,404.10$ 1,404.10$
NOBLE 911
services
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ATTACHMENT 1, Page 12 of 20
Power Metrics Annual Services Year 3
P10221 Power Metrics - 1-4 pos. annual service per PSAP 1 2,413.29$ 2,413.29$
P10219 Power Metrics Suite - Annual access contract per PSAP 1 1,404.10$ 1,404.10$
Power Metrics Annual Services Year 4
P10221 Power Metrics - 1-4 pos. annual service per PSAP 1 2,413.29$ 2,413.29$
P10219 Power Metrics Suite - Annual access contract per PSAP 1 1,404.10$ 1,404.10$
Power Metrics Annual Services Year 5
P10221 Power Metrics - 1-4 pos. annual service per PSAP 1 2,413.29$ 2,413.29$
P10219 Power Metrics Suite - Annual access contract per PSAP 1 1,404.10$ 1,404.10$
Power Metrics Annual Services Year 6
P10221 Power Metrics - 1-4 pos. annual service per PSAP 1 2,413.29$ 2,413.29$
P10219 Power Metrics Suite - Annual access contract per PSAP 1 1,404.10$ 1,404.10$
Power Metrics Annual Services Year 7
P10221 Power Metrics - 1-4 pos. annual service per PSAP 1 2,413.29$ 2,413.29$
P10219 Power Metrics Suite - Annual access contract per PSAP 1 1,404.10$ 1,404.10$
Subtotal 26,721.73$
Total Protection Services
Total Protection Services - Year 1
P10350 Total Protection Service, Dark Back-up Position Year 1 1 350.00$ 350.00$
P10349 Total Protection Service, Primary Position Year 1 3 3,500.00$ 10,500.00$
Total Protection Services - Year 2
P10349 Total Protection Service, Primary Position 3 3,500.00$ 10,500.00$
P10350 Total Protection Service, Dark Back-up Position 1 350.00$ 350.00$
Total Protection Services - Year 3
P10349 Total Protection Service, Primary Position 3 3,500.00$ 10,500.00$
P10350 Total Protection Service, Dark Back-up Position 1 350.00$ 350.00$
Total Protection Services - Year 4
P10349 Total Protection Service, Primary Position 3 3,500.00$ 10,500.00$
P10350 Total Protection Service, Dark Back-up Position 1 350.00$ 350.00$
Total Protection Services - Year 5
P10349 Total Protection Service, Primary Position 3 3,500.00$ 10,500.00$
P10350 Total Protection Service, Dark Back-up Position 1 350.00$ 350.00$
Total Protection Services - Year 6
P10349 Total Protection Service, Primary Position 3 3,500.00$ 10,500.00$
P10350 Total Protection Service, Dark Back-up Position 1 350.00$ 350.00$
Total Protection Services - Year 7
P10349 Total Protection Service, Primary Position 3 3,500.00$ 10,500.00$
P10350 Total Protection Service, Dark Back-up Position 1 350.00$ 350.00$
Subtotal 75,950.00$
C3499, Page 13 of 20DRAFT
ATTACHMENT 1, Page 13 of 20
1
Tuesday, September 19, 2023
Springfield PD Statement of Work
NOBLE 911
services
Nobl e 911 Service s - Intrad o VIPER Deploymen t Plan
Project Overview
Noble 911 Services to install and deploy a new Intrado VIPER 7 call handling system at
Springfield Police Department (SPD) dispatch center, in parallel to existing MiTel desk phones
currently being used for dispatch call handling. The existing MiTel phones at the dispatch
consoles will be replaced with the Power911 desktop interface on a pre-determined ‘go-live’
date in coordination with SPD.
The new Intrado VIPER 7 call handling system offers the best in available public safety grade
call handling products. Noble 911 Services will work closely with SPD to customize call flow,
and system characteristics - ensuring efficiency, and reliability. Software updates, and
maintenance services will be provided by Noble 911 Services for the 7 year lifecycle of the
system.
Product(s) to be Installed:
VIPER Backroom components
- 2 application servers (1 U each)
- 2 voip telephony servers (1 U each)
- 1 database server (p911 db) (1 U each)
- 1 Power Metrics RDDM (1 U each)
- 2 LAN switches (1 U each)
- 1 Gateway Shelf (4 U each)
- 2 Firewall (1 U each)
- Storage shelf (2 U each)
Power911 Frontroom components
- 3 standard Power Station units
- 1 Laptop with docking station
- 4 Monitors 27”
- 4 Genovation keypads (cp48)
- All accessories for each Position (Keyboard, Mouse, Speakers, Jackbox, ITRR)
Services
Intrado Training - Power911 Admin and User training
Noble 911 - Installation and Maintenance
Subscriptions
Intrado Power Metrics annual services (call data reporting)
Intrado Total Protection annual services (hardware/software protection)
ATTACHMENT 1
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ATTACHMENT 1, Page 14 of 20
2
1.0 Statement of Work
1.1 Install VIPER backroom components in existing four post rack (all cabling and hardware).
SPD to provide adequate rack space. Noble 911 will work with IT staff to determine location.
1.2 SPD to provide Uninterrupted Power Supply (UPS) access for minimum of two independent
20amp circuits (twist lock, or three prong receptacle).
1.3 SPD staff (IT team) to provide two public static IP addresses for VIPER deployment (1, for
remote VPN appliance - 2, for Power Metrics/ECATS call reporting data distribution)
1.4 SPD staff to provide SIP trunking from existing MiTel PBX. Noble 911 will provide firewall
interface access, and proxy addresses for VIPER integration. Noble 911 will provide any
coordination necessary for establishing a successful SIP connection.
1.5 All telco circuits will be evaluated, and connected to the Intrado CIM/AIM gateways.
Additional circuits may be recommended based on needs, and will be determined in
coordination with the SPD project team.
1.6 CAT-5 patch panel access is assumed to be adequate for a minimum of two ports per
position on dispatch floor (depending on position recording method). If Position based
recording is necessary, three ports per position will be needed.
1.7 Install Power Station (Power911) workstations on dispatch floor, along with all other
necessary hardware components required for operation.
1.8 Integrate audio connection to radio headset, and calibrate audio connections for
independent (Power911 only) headset jack, and integrated (radio) headset jack. Headsets, and
base units to be supplied by SPD.
1.9 Connections to existing Long Term Recorder (LTR) will be integrated, and made by Noble
911. Any needs for additional configurations on the LTR will be addressed during installation.
1.10 Configure all backroom, and frontroom components in accordance with best practices for
optimal redundancy, and efficiency.
1.11 Customize interfaces, and call flow design in accordance with SPD’s desire after
completion of collaborative white board discussion with project team.
1.12 Test all redundancy functions, and ensure all user required functions are operational and
fully tested prior to ‘go-live’.
1.13 System deployment ‘go-live’ scheduling will be determined when equipment has been
shipped, and all system readiness has been tested and verified.
1.14 Intrado training will be provided for Power911 admin, and any Power911 users - along
with all necessary documentation.
1.15 Maintenance will commence upon system acceptance in accordance with the mutually
executed sales contract between Noble 911 Services and City of Springfield.
ATTACHMENT 1
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ATTACHMENT 1, Page 15 of 20
3
2.0 Project Timeline
2.1 A project schedule shall be established and provided by Noble 911 Services upon
execution of a mutually signed sales contract. Noble 911 and SPD must mutually agree on all
coordinated project dates, and objectives. The drafted timeline for this project has been
highlighted in section 2.4 (below).
2.2 Dates on the project schedule are dependent on all data being supplied and/or all tasks
being completed by the assigned parties on time. A delay in one activity may result in delays in
other related activities.
2.3 Weekly scheduled project updates will be scheduled to ensure all moving parts of the
project are tracked. Meeting minutes will be provided each week by the Noble 911 Project
Coordinator.
2.4 Project timeline draft:
Week 0: Call flow & System design planning discussion.
Week 1: System delivery, inventory, backroom environmental preparation. Establish static IP
address & VPN connection (static IP needs to be supplied by SPD tech team).
Week 2: Backroom staging & VIPER Configuration (racking hardware, and initial VIPER host
software setup).
Week 3: Establish SIP connectivity to MiTel, and PSTN connections for test calls. Prep
workstations & establish console locations for monitors, jacks, keyboards, keypads.
Week 4: Finalize system configuration & failover testing (adjust any necessary changes from
original call flow discussion). Establish Power Metrics/ECATS connection (static IP needs to be
supplied by SPD tech team - ideally done prior to week 1).
Week 5: Pre-cutover training (Intrado), Go Live target, post-cutover training (Intrado) ***Training
dates are determined by Intrado training schedule, and subject to the need to exceed the 5th
week of installation***
Week 6: Post cutover support, additional Noble 911 training (if necessary).
Week 7: Site Verification Checklist & system sign-off approval. Maintenance phase begins.
***Project completion not to exceed 6/30/24 unless unforeseen delay, or mutually agreed upon
circumstance has been communicated and approved by both parties***
***Project timeline will be determined by contract execution and shipment dates***
ATTACHMENT 1
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ATTACHMENT 1, Page 16 of 20
4
3.0 Environmental Site Requirements
3.1 See VIPER Hardware Reference Guide for ensuring site readiness. (Available upon request)
3.2 Noble 911 Services will determine, and outline any site readiness needs if any exist.
3.3 All equipment will be delivered directly to Springfield PD - received and inventoried by
Noble 911 Services.
3.4 SPD to provide adequate secured staging space required for backroom/frontroom
components.
3.5 SPD to provide access to Noble 911 deployment staff to all necessary system installation
areas (backroom/frontroom) badge ID’s can be assigned to individual Noble 911 staff members
in accordance with SPD’s access requirements.
4.0 System Lifecycle
4.1 Upon successful deployment of products and services, system acceptance will be
requested by Noble 911 Services.
4.2 System maintenance will commence upon acceptance of all products outlined in ‘Appendix
A - N911/SPD HGAC’ and in accordance with the requirements outlined in the sales contract.
4.3 SPD will use the Noble 911 portal, email, or direct number for support requests
4.4 Noble 911 will provide preventative maintenance services, and software updates (as
provided by Intrado) on a quarterly basis.
5.0 Other Responsibilities
5.1 SPD and Noble 911 will coordinate for fingerprinting, issuance of CJIS training and
any other necessary CJIS related requirements, including those associated with the
CJIS Security Addendum included as Attachment 2.
ATTACHMENT 1
C3499, Page 17 of 20DRAFT
ATTACHMENT 1, Page 17 of 20
06/01/2020
CJISD-ITS-DOC-08140-5.9
H-6
FEDERAL BUREAU OF INVESTIGATION
CRIMINAL JUSTICE INFORMATION SERVICES
SECURITY ADDENDUM
The goal of this document is to augment the CJIS Security Policy to ensure adequate
security is provided for criminal justice systems while (1) under the control or management of
a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity
(contractor). Adequate security is defined in Office of Management and Budget Circular A-
130 as “security commensurate with the risk and magnitude of harm resulting from the loss,
misuse, or unauthorized access to or modification of information.”
The intent of this Security Addendum is to require that the Contractor maintain a
security program consistent with federal and state laws, regulations, and standards (including
the CJIS Security Policy in effect when the contract is executed), as well as with policies and
standards established by the Criminal Justice Information Services (CJIS) Advisory Policy
Board (APB).
This Security Addendum identifies the duties and responsibilities with respect to the
installation and maintenance of adequate internal controls within the contractual relationship so
that the security and integrity of the FBI's information resources are not compromised. The
security program shall include consideration of personnel security, site security, system
security, and data security, and technical security.
The provisions of this Security Addendum apply to all personnel, systems, networks and
support facilities supporting and/or acting on behalf of the government agency.
1.00 Definitions
1.01 Contracting Government Agency (CGA) - the government agency, whether a Criminal
Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private
contractor subject to this Security Addendum.
1.02 Contractor - a private business, organization or individual which has entered into an
agreement for the administration of criminal justice with a Criminal Justice Agency or a
Noncriminal Justice Agency.
2.00 Responsibilities of the Contracting Government Agency.
2.01 The CGA will ensure that each Contractor employee receives a copy of the Security
Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and
the contents of the Security Addendum. The signed acknowledgments shall remain in the
possession of the CGA and available for audit purposes. The acknowledgement may be signed
by hand or via digital signature (see glossary for definition of digital signature).
3.00 Responsibilities of the Contractor.
3.01 The Contractor will maintain a security program consistent with federal and state laws,
regulations, and standards (including the CJIS Security Policy in effect when the contract is
executed and all subsequent versions), as well as with policies and standards established by the
Criminal Justice Information Services (CJIS) Advisory Policy Board (APB).
4.00 Security Violations.
ATTACHMENT 2
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ATTACHMENT 1, Page 18 of 20
06/01/2020
CJISD-ITS-DOC-08140-5.9
H-7
4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the
Director, FBI, along with indications of actions taken by the CGA and Contractor.
4.02 Security violations can justify termination of the appended agreement.
4.03 Upon notification, the FBI reserves the right to:
a. Investigate or decline to investigate any report of unauthorized use;
b. Suspend or terminate access and services, including telecommunications links. The
FBI will provide the CSO with timely written notice of the suspension. Access and
services will be reinstated only after satisfactory assurances have been provided to
the FBI by the CGA and Contractor. Upon termination, the Contractor's records
containing CHRI must be deleted or returned to the CGA.
5.00 Audit
5.01 The FBI is authorized to perform a final audit of the Contractor's systems after
termination of the Security Addendum.
6.00 Scope and Authority
6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or
obligations on any persons other than the Contractor, CGA, CJA (where applicable), CSA, and
FBI.
6.02 The following documents are incorporated by reference and made part of this
agreement: (1) the Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the CJIS
Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20. The parties are also
subject to applicable federal and state laws and regulations.
6.03 The terms set forth in this document do not constitute the sole understanding by and
between the parties hereto; rather they augment the provisions of the CJIS Security Policy to
provide a minimum basis for the security of the system and contained information and it is
understood that there may be terms and conditions of the appended Agreement which impose
more stringent requirements upon the Contractor.
6.04 This Security Addendum may only be modified by the FBI, and may not be modified
by the parties to the appended Agreement without the consent of the FBI.
6.05 All notices and correspondence shall be forwarded by First Class mail to:
Information Security Officer
Criminal Justice Information Services Division, FBI
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
ATTACHMENT 2
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ATTACHMENT 1, Page 19 of 20
Noble 911 Services
Severity level & Response for 9-1-1 CPE maintenance
In providing services hereunder, Noble 911 Services will adhere to the following severity levels and response times:
(a) Severity Levels
Severity Level 1: System failure/Loss of service
Severity Level 1 is the highest level of service loss by the PSAP. The primary service - handling of calls - is no longer
available due to the failure of a component. Level 1 is considered a total loss of service by the PSAP. This situation will
be processed with the highest level of priority by Service Provider regardless of the cause.
Severity Level 2: Severely impaired functionality
Severity Level 2 indicates that call handling capabilities are present but are severely impacted by a System failure. Typical
examples include loss of ANI/ALI delivery to positions and 50% loss of call handling capability at one or more positions.
Severity Level 3: No-critical system failure (Non service affecting)
Severity Level 3 refers to non-critical system failures that are non-service affecting. The PSAP is capable of handling calls
but certain components are not performing according to published specifications. This level usually applies to performance
degradation of any equipment that is non -critical (printer, stand-by/backup components, etc.).
Severity Level 4: Minor problem or query
Severity Level 4 is a minor problem or a request for configuration service. Non -critical functions that may be resolved
with a workaround are considered under this category. System reconfiguration requests such as speed dial changes will be
classified as Level 4.
(b) Response Times
Severity 1 Severity 2 Severity 3 Severity 4
Noble 911 Services
arrival on site no later
than:
30 mins-RMT
2 hours on site
after initial
contact
1 hour-RMT
4 hours on site
after initial
contact
24 hours after
initial contact
24 hours after
initial contact
Note: The arrival on site time indicated in the table above refers to the elapsed time between the initial call placed by PSAP
to Noble 911 Services and the arrival of a technician.
Level 1 outage: (100% failure) 30 mins for remote response, 2 hours for onsite response
Level 2 outage: (50% failure) 1 hour for remote response, 4 hours for onsite response
Level 3: (non-critical) 8 hours, or next business day
Level 4: (minor) Next business day
Level 5: (inquiry) 2 business days
Routine Preventative Maintenance- Noble 911 Services will provide routine maintenance site visits in accordance with
manufacturer recommendations, and provide preventative maintenance on a regular basis.
Spare Inventory- Noble 911 Services will provide spare CPE components that meet manufacturer crash kit recommendations.
Additional CPE components which are not included in site crash -kits, are available to Noble 911 Services within 24 hours of CPE
component failure.
ATTACHMENT 3
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ATTACHMENT 1, Page 20 of 20