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HomeMy WebLinkAboutBackdraft OpCo LLC dba Emergency Reporting; 2020-06-17;PLEASE FAX SIGNED ORDER TO 1-866-929-6157 OR SCAN / E-Mail to orders@emergencyreporting.com Order Form - Backdraft OpCo, LLC Emergency Reporting 2200 Rimland Dr., Suite 305 Bellingham, WA 98226 www.emergencyreporting.com Phone: 866.773.7678 Fax: 866.929.6157 Contact Details: Prepared by Email Greg Anderson greg@emergencyreporting.com Phone Fax (801) 935-1822 (866) 929-6157 Customer Contact Details Account Name Contact Name Phone Email Ship To County Carlsbad Fire Department Jacqueline Nguyen 760-931-2182 jacqueline.nguyen@carlsbadca.gov 2560 Orion WAY Carlsbad, CA 92010 San Diego Quote Number Created Date Expiration Date Customer Type 00022588 5/7/2020 6/30/2020 New Order Summary Product Product Code Quantity Sales Price Total Price Line Item Description Basic Plus Package - Station Plan Base-5.1 1.00 USD 250.00 USD 250.00 Annual Subscription Fee Basic Plus Platform Base Package - Fire Bundle Base-5 1.00 USD 2,000.00 USD 2,000.00 Annual Subscription Fee InspectER App - Level 3 INSP-L3 1.00 USD 300.00 USD 300.00 Annual Subscription Fee Lite Import Plan - Non-NFIRS IMP-2 1.00 USD 500.00 USD 500.00 One-Time Setup Fee Summary Bill To Name Bill To Carlsbad Fire Department 2560 Orion WAY Carlsbad, CA 92010 Year 1 Total Yearly Subscription USD 2,550.00 Fees # Years Payment Schedule US 1 Yearly Annual CAD Link Maintenance Fees Annual Interface USD 0.00 USD 0.00 Initial invoice will be issued upon receipt of the order form. If this represents a problem for the accounting department please contact your sales rep. Please make checks payable to: Backdraft OpCo, LLC Fee Data Import Fee Training Fees Year 1 Cost Estimated Yearly Total: Year 2+ USD 500.00 USD 0.00 USD 3,050.00 USD 2,550.00 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 PLEASE FAX SIGNED ORDER TO 1-866-929-6157 OR SCAN / E-Mail to orders@emergencyreporting.com Account Setup Info *Account Setup Contact Name: *Phone#: *e-mail: The ER Support team will configure your account to export NFIRS data to the state fire marshal’s office, provided the office receives NFIRS data. As a courtesy, ER will also send a copy of the email to your department. Please enter the department email to receive these email in the space provided above. *Dept. NFIRS Email Recipient: *Is the organization tax exempt? yes [ ] no [ ]If "Yes", please email a copy to orders@emergencyreporting.com orfax a copy to 866-929-6157. Agency Codes: If blank please add (Required for setup) 37025 FDID: EMS ID: CAD Link & Occupancy Module Setup Contact Name *CAD Link Setup Contact Name (Fire Dept Contact):(Only Required if putting CAD link in place to PSAP) *Phone#: *e-mail: -Please check one. (New Customer Accounts Only) For Occupancy Module configuration would you like your setupto be based on NFPA [ ] or ICC [ ]? * This is for setting up Categories and Subcategories. ** If left blank implementation will default to the ICC settings. Notes / Comments Special Order Terms •Administrative & Personnel o Certifications •Calendar •Daily Log •Events •Hydrants •Library •Occupancy o PreFire Plans, Fire o Inspections & Permits o Google (GEO) Maps o Vision •Reports •Safety Analytics (Basic) •Data Visual Analytics(Basic) Lite Implementation Plan includes Data Import Information section in bid. InspectER. Terms & Conditions Backdraft OpCo, LLC dba Emergency Reporting ("COMPANY"), and the above-named account ("AGENCY") are entering into an agreement as of the signature date. Fire & EMS Solution Terms & Conditions COMPANY shall perform the following services: 1.Collect emergency response data via a website accessible at https://secure.emergencyreporting.com . 2.Maintain collected data to standards set by FEMA's National Fire Incident Reporting System (NFIRS) and/or the National Emergency Medical Services Information System (NEMSIS), version 3.3.4 or 3.4.0 as supported by your state. Randy Metz Randy.Metz@carlsbadca.gov 760-602-4661 x Mark.Beckert@carlsbadca.gov 550 Darcy Davidson 760-602-4662 Darcy.Davidson@carlsbadca.gov X DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 PLEASE FAX SIGNED ORDER TO 1-866-929-6157 OR SCAN / E-Mail to orders@emergencyreporting.com 3.Provide EMS export services for states that are officially supported by COMPANY for EMS exports. Due to the number of states that have modified the NEMSIS standard, NEMSIS 3 is not a supported EMS Export type in many cases. State EMS reporting is not supported unless the state is specifically listed on our website. 4.Provide ongoing changes and bug fixes, at no additional charge, to remain in compliance with NFIRS & NEMSIS 3. 5.For supported states and exports (NFIRS, state specific EMS, or other export types) provide email or direct HTTPS download to the necessary recipients. If possible, COMPANY will configure direct submission to the state; if the state prohibits third party submissions, COMPANY will provide Agency with the applicable data for state reporting requirements. 6.Ensure appropriate security, privacy, and encryption of data transmitted to and from the website, in compliance with COMPANY’s internal polices, federal HIPAA regulations and industry practices regarding security. 7.Provide access to the website by current browser technology as stated here: https://emergencyreporting.com/emergency-reporting-system-requirements/ 8.Provide data backup to guard against data loss in the event of catastrophic system failure. 9. Guarantee uptime of 99.9%, as calculated on an annual basis. The Agency shall be responsible for the following: 1.Maintain an active user list of accounts that are authorized to access the website. 2.Pay all outstanding charges in a timely fashion. Non-timely payment may result in deactivation of service (deactivation will occur with warning to the AGENCY; AGENCY data will be accessible when charges are brought current). 3.Maintain active Internet Service Provider (ISP) services to access the website. ISP charges are not included in this agreement. ISP failures are not the responsibility of COMPANY. 4.Use supported web browsers as listed in the COMPANY website: https://emergencyreporting.com/emergency-reporting-system- requirements/ 5.The AGENCY agrees to abide by the Company TERMS OF SERVICE which can be found at: https://www.emergencyreporting.com/terms-of-service/. If there is a conflict between the Company TERMS OF SERVICES and any the Terms & Conditions in this Order Form, including those in Attachment A, the Terms & Conditions in this Order Form, includingthose in Attachment A will control. Additional CAD Link Terms & Conditions COMPANY shall perform the following services: 1.Web Service CAD Links - Receive CAD interface data to the following address: https://secure.emergencyreporting.com/WS/V1.0/Dispatch/CallCenter.php. COMPANY reserves the right to reject or ignore invalid data. 2.For Flat File Parser (FFP) integration, COMPANY shall provide a cloud service that automates the parsing process and route CAD incident data to your specific account. 3.Provide ongoing changes and bug fixes, to keep the CAD Interface address specified above operational. 4.Supply mapping (alias) tools, submission tracking, and general processing tools to assist in the management of CAD supplied data to COMPANY standards. 5.Ensure appropriate security, privacy, and encryption of data transmitted to and from the website, in compliance with COMPANY’s internal polices, federal HIPPA regulations and industry practices regarding security. The Agency shall be responsible for the following: 1.Provide clean, valid data for processing, either via text, xml (for Flat File Parser Integrations) or web services (for web services direct installations) 2.For FFP Integrations, the Agency shall provide a computer to install a SFTP client that shall have access to CAD RMS export file directory where text or xml files are dropped with the following SFTP settings: 1.SFTP 2.Port 22 3. Server http://cadfiles.emergencyreporting.com 4.Username and Password setup on time of integration 3.If agency does not supply SFTP client, BDO shall provide client at an additional cost. 4.Agency shall provide technical staff to assist with integration, debugging, networking, and general troubleshooting of CAD link technology and infrastructure. 5.Additional charges from your CAD vendor may apply and should be discussed with that vendor. DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 PLEASE FAX SIGNED ORDER TO 1-866-929-6157 OR SCAN / E-Mail to orders@emergencyreporting.com 6.Once your CAD link is deployed any changes to the format of the file and or changes of the CAD system that result in a rebuilding of the CAD link connection may result in change order fees. Governing Law. The AGENCY agrees that the rights of user and COMPANY shall be governed by the Laws of the State of California, without regard to any conflicts of law, rules or provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate State or Federal Court located in San Diego County, California. Notwithstanding the foregoing, if you are a U.S. public entity, these Terms and Conditions will be governed by the local law of the State or Commonwealth in which you are located. Data Ownership. All data transmitted to the website remains the property of the AGENCY. Retransmission of this data to the necessary state reporting authorities is authorized. Modifying, deleting or other modifications of submitted incident data by COMPANY is prohibited. Scientific research that is based on broad data trends is authorized, but no AGENCY specific data is to be made visible to any third parties. Statute of Limitation. The AGENCY agrees that any cause of action you may have against COMPANY must be commenced within (2) years after the claim arises. Pricing. The AGENCY agrees to the prices set forth in this agreement. COMPANY reserves the right to modify AGENCY pricing at the billing renewal date and will provide 30 day advance written notice of its intent to do so. Termination. Either AGENCY or COMPANY can terminate service at any time upon 30 days written (or email) notice. Future service fees, if any, will be refunded to the AGENCY. Billing Cycle Start Date. The AGENCY agrees that the billing cycle start date will become effective on the 1st of the following month in which the signed order form is received by COMPANY. Copyright. The AGENCY recognizes that the COMPANY website is protected under U.S. copyright and trademark law, international conventions and other applicable law. The AGENCY agrees to not license, sell, publish, decompile, reverse engineer, or otherwise deconstruct any portion of COMPANY’s technology. COMPANY uses computer technology to collect data, and no such technology is 100% reliable at all times. System failures may occur without warning. Although all efforts will be made to prevent such failures, the AGENCY recognizes that these failures are outside the control of COMPANY, and agrees to hold COMPANY, its principals, employees, and agents harmless. If any court holds any portion of this Agreement to be unenforceable, then the remainder of this Agreement shall survive. Terms and Conditions are continued on Attachment A Order Agreement Billing Contact: Print Name Title Phone # Email Invoices and billing related information will be sent electronically to this contact. If left blank ER will use the primary contact information listed at the top of this order form: Name Email Signature Date Would you like to receive a copy of your invoice via mail please check here: Mail [ ] Mailed invoices will be sent to the billing address list above. Renewals Renewals@carlsbadca.gov Approved as to Form :_______________________________ Assistant City Attorney Maria Callander Director of Information Technology 760-602-2454 Maria.Callander@carlsbadca.gov Contractor: Print name: _________________________ Title: _______________________________ Signature: ___________________________ Date: DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 CFO Steven J Anderson, Chief Financial Officer 6/11/2020 6/17/2020 Barbara Engleson, City Clerk for ATTACHMENT A ADDITIONAL TERMS AND CONDITIONS (cont.) 1. INDEMNIFICATION Company agrees to indemnify and hold harmless the Agency and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Company, any Company subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense Agency incurs or makes to or on behalf of an injured employee under the Agency’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 2. INSURANCE Company will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Company will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the Agency by certified mail. Agency will be named as an additional insured on General Liability which shall provide primary coverage to the Agency. The full limits available to the named insured shall also be available and applicable to the Agency as an additional insured. Company will furnish certificates of insurance to the Contract Department, with endorsements to Agency prior to Agency’s execution of this Agreement. 3. COMPLIANCE WITH LAWS Company will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 4. CLAIMS AND LAWSUITS By signing this Agreement, Company agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Company further acknowledges that debarment by another jurisdiction is grounds for the Agency to terminate this Agreement. DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 6/5/2020 Hub International Northwest LLC110 Unity StreetBellingham WA 98225 360-647-9000 360-734-8496 now.bellinghaminfo@hubinternational.com Sentinel Insurance Company, Ltd.11000 BACKOPC-01 Hartford Fire Insurance Company 19682Turnout TopCo, LLC; 4 Alarm Midco, LLC;Backdraft OpCo, LLC; and ERS International, LLCdba Emergency Reporting2200 Rimland Drive, Ste. 305Bellingham WA 98226 1729768538 A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X Y Y 52SBAAD1377 4/13/2020 4/13/2021 4,000,000 A 2,000,000 X X Y Y 52SBAAD1377 4/13/2020 4/13/2021 A X X 4,000,000Y52SBAAD13774/13/2020Y 4/13/2021 4,000,000 X 10,000 B X52WECAD5P2B4/13/2020 4/13/2021 1,000,000 1,000,000 1,000,000 B Professional &Technology LiabilityIncl Cyber Liability 52TE033642520 4/13/2020 4/13/2021 Per ClaimAggregateDeductible 2,000,0002,000,0005,000 Per policy forms and conditions: Business Liability Coverage Form SS 00 08 04 05. City of Carlsbad1635 Faraday AvenueCarlsbad, CA 92008 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4 DocuSign Envelope ID: E964B310-9DF1-47A5-95A8-12E3DA5692F4