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HomeMy WebLinkAbout2012-02-07-10:00AM-REGULARa % NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON FEBRUARY 7, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. 3. Presentation(s) Update from the Texas AgriLife Extension Service in Brazos County. Consider and take action on agenda items 4 - 19: 4_ Proclamation # 12 -012 establishing February 11 - April 7 2012 as Walk Across Texas an elaht week physical activity program to encourage a more active lifestyle 5. Authorization for the County Judge to slan a Grant Ad iustment Notice wb-jch will extend the Performance perlod for the 2009 Homeland Security Grant through May 15 2012 A 7. Non -profit Organization Application for Brazos County Inmate work crew labor for Brazos Valley Council on Alcohol and Substance Abuse 8. A e and Restated Agreement with CaremarkPCS Health LLC forma Pharmacy Benefit 4 10. Approval of extension of the contract with Hillier Funeral Home for the tLansporlatlon of deceased to Voi, - - .;, 7 - Pg• BRAZOS COUNTY B RYAN,TEXAS b k the medical examiner for 60 days. 11. 12. 13. Tax Refund Applications for the following: • a George P A Dorothy J Saxon - overpayment- 52181. • b Joan Dee Quinn- overpayment- 5114.6 • c. Michael T & Mary E Stephens - overpayment $ 450 . 00 . d Sarah E Gabriel-ove ment- 34.20 . e Rhonda Kay Toups - overpayment $22.29 14. Commissioners Court minutes for the following dates: • a January 3 2012 - Regular Meeting • b January 6 2012 - Public Hearing • c January 10 2012 - Regular Meeting • d. Jan 17 2012 -R uiar Meetln • e 23 2012 - Workshop Session • f. January 24 2012-Reaular Session • g January 31 2012 - Reaular Session 15. Budget Amendments. Bu nd n 1 18. -1 .6 _ 16. 17. 18. Personnel Change of Status. Personnel Action Forms 19. Payment of Claims. 20. Acknowleft of Quarterly inve me Re rt ending 31 11. 21, Ackn owledgement of Monthly Reports submitted In January 2 22. 23. Sheriffs report on inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and/or concerns. 26. Adjourn. 1 5 . 1 P . � Vol. j g PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both Judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum In speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves In an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any Individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, Individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not fisted on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation an a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any Invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 351 -4102. Vol. 15-7 Pg. 3 BRYANJEXAS MINUTES February 7, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING ID Signature Page 2 -7.pdf 'ZI File Stamped Aaenda.pdf Sign in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, February 7, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena , Commissioner of Precinct 2; Kenny Mallard , Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. Don Ballard spoke on fraudulent liens filed in Brazos County. He read from the Uniform Federal Lien Act. He said he had corresponded with Bill Ballard, Civil Counsel, Karen McQueen, County Clerk and the Secretary of State about this matter. He then proceeded to hand out packets to the members of the Court and asked to speak again Vol. —1-51L Pg. Y--, BRAZOS COUNTY before the Court in a couple of weeks time. 3. Presentation(s) Update from the Texas AgriLife Extension Service in Brazos County. Alyson Hoffman, Better Life for Texas through Texas Agri Life Extension Service introduced Wendy Contreras as the new Better Life for Texas representative. Consider and take action on agenda items 4 -19: 4. Proclamation # 12 -012 establishing February 11 - April 7, 2012 as Walk Across Texas, an eight -week physical activity program to encourage a more active lifestyle. Item 4.pdf The Court urged all Brazos County citizens to participate in Walk Across Texas and increase their physical activity level. The County Judge presented the Proclamation to Alyson Hoffman and others representing the Agri Life Extension Service. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Authorization for the County Judge to sign a Grant Adjustment Notice which will extend the performance period for the 2009 Homeland Security Grant through May 15, 2012. 21 Item 5.pdf The grant award is $188,047.06 and was approved as submitted. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 6. Authorization for Sheriff Chris Kirk to travel out -of -state to attend the Western States Sheriffs' Association 2012 Annual Conference to be held March 4th through 9th, in Las Vegas, Nevada. Sheriff Kirk is a member of the Executive Board, currently serving as the Vice - President. Item 6.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 7. Non - profit Organization Application for Brazos County inmate work crew labor for Brazos Valley Council on Alcohol and Substance Abuse. Item 7.pdf The County Judges asked that this be done without using overtime. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Amended and Restated Agreement with CaremarkPCS Health, LLC for managed Pharmacy Benefit Services. Item 8-pd Vol. � S Pg. Approved as submitted. Brazos County will receive $1.00 per prescription. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Request for approval of the Payment Schedule, Statement of Work, Project Management Plans, and Iron Mountain Three -Party Escrow Agreement required by the contract with AMCAD for the new Comprehensive Integrated Justice Information Management System. Item 9 Part 1.pdf Item 9 Part 2.pdf Item 9 Part 3.pdf Item 9 Part 4.pdf Item 9 Part 5.pdf Item 9 Part 6.pdf Item 9 Part 7.pdf t'D Item 9 Part 8.pdf Steve Pontius, representing AMCAD along with Ian Soares, Project Manager and Eric Caldwell, Chief Information Officer, of the Information Technology Department were on hand to answer questions concerning the Integrated Justice Information Management System. The kick off meeting will be in the atrium on February 8, 2012 at 10:00 a.m. Bill Ballard, Civil Counsel explained that these documents would be treated as exhibits to the original contract. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 10. Approval of extension of the contract with Hillier Funeral Home for the transportation of deceased to the medical examiner for 60 days. Item 10.pdf This extension will allow the Purchasing Department time to complete the bidding process. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 11. Requisition # 00037093 to Gov Connection, Inc for the purchase of a scanner and printer for Justice of the Peace Pct. 1 in the amount of $1,447.49 using JP Technology Funds. Item 11.pdf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 12. Request from Verizon Commuinications to construct approximately 11,030 ft. of parallel buried (24 strand fiber optic) cable installations in the rights of way of Luza Lane and Fountain Switch Road; cable will be placed at a minium depth of 48 inches. Site is located in Precinct 4. Item 12.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. 15 � Pg. 4 Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 13. Tax Refund Applications for the following: A Item 13.pdf • a. George P. & Dorothy J. Saxon - overpayment - $2181.43 • b. Joan Dee Quinn- overpayment - $114.66 • c. Michael T. & Mary E. Stephens- overpayment - $450.00 • d. Sarah E. Gabriel- overpayment - $34.20 • e. Rhonda Kay Toups- overpayment - $22.29 Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 14. Commissioners Court minutes for the following dates: • a. January 3, 2012 - Regular Meeting • b. January 6, 2012 - Public Hearing • c. January 10, 2012 - Regular Meeting • d. January 17, 2012 - Regular Meeting • e. January 23, 2012 - Workshop Session • f. January 24, 2012 - Regular Session • g. January 31, 2012- Regular Session Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Budget Amendments. Budget Amendments FY 11/12 18.1 - 18.6 Item 15.pdf 18.1 Reallocate funds for Records Management 18.2 Reallocate funds for District Attorney- Administration 18.3 Reallocate funds for County Clerk Election Services 18.4 Reallocate funds for Road & Bridge 18.5 Reallocate funds for Information Technology 18.6 Transfer funds from JP Security Fund and General Fund Contingency to Information Technology Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 16. Requisition # 00037066 to Gov Connection, Inc for the purchase of a monitor for Justice of the Peace Pct. 2 -2 in the amount of $242.12 using JP Technology Funds. AD Item 16.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Vol. _°? Pg.� Cauley , Mallard , Peters , Wassermann . 17. Manual requisition in the amount of $28,134.74 to American Signal Company for the purchase of two (2) CMS -T332 Portable Changeable Message Signs for Road and Bridge. These items will be purchased through TXMAS. _= Item 17.odf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 18. Personnel Change of Status. Personnel Action Forms Item 18.odf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 19. Payment of Claims. Claims Sheet.odf BILL LIST 2.7.12.1)df 7094816 through 7095031 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 20. Acknowledgement of Quarterly Investment Report ending 12/31/11. Item 20.odf The Court acknowledged receipt of the Investment Report, Quarter Ending December 31, 2012. 21. Acknowledgement of Monthly Reports submitted in January 2012. tom) Item 21.odf The Court acknowledged receipt of the monthly reports. 22. Acknowledgement of the Brazos County Purchasing Department Update for the week of January 27 - February 2, 2012. Item 22.odf The Court acknowledged receipt of the Purchasing Department weekly update. 23. Sheriff's report on inmate population. Sheriff Chris Kirk announced that there was a group of Commissioners and County Judges touring the jail this morning that are attending a conference in town this week. He then stated there were 513 inmates in jail, 70 have electronic monitors and 2 are pending for monitors. V ' 157 Pg. 24. Announcement of interest items and possible future agenda topics. There were no announcements. 25. Call for Citizen input and /or concerns. Marc Hamlin, District Clerk, stated that Ernest Stutts had improved the Building Maintenance Department. He is always trying to come up with a solution rather than an excuse when problems arise. He thanked him and congratulated the Court on a good selection for Director. Mr. Hamlin then spoke on a recording he received on construction in his area that proved to be very useful. The County Judge thanked Mr. Hamlin and agreed with his praise of Mr. Stutts. Eric Caldwell, Chief Information Officer stated that he had been opposed to Pads but has changed his position on this. He will request to be on a future agenda to have a presentation to explain the issues with this. 26. Adjourn. 5 / vol. P. The foregoing minutes of the Commissioners Court meeting held February 7, 2012 have been examined and are approved in open Court this day of 6 LCC- l , 2012, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 a �D y alena Kenny Mallard Commissioner, Precinct 2 Commissioner, Precinct 3 Irma Cauley Commissioner, Precin 4 Attest: C en Mc ueen Vol 157 Page �� BRAZOS COUNTY COMMISSIONERS COURT Meeting !� � I lll - 12�C'lr , 1 of r Vol. g- Is q i, I W .� + Him; � FF MIA lll - 12�C'lr , 1 of r Vol. g- BRAZOS COUNTY COMMISSIONERS COURT Meeting dill I' 00 Name Name Organization / Department J (ten r7)om,� A7�'�a/ e 'VI 14�G f �2� PAGE -7- of Z z Vol. Pg• Proclamation Walk Across Texas WHEREAS It's never too late to start an active lifestyle. No matter how old you are, how unfit you feel or how long you have been inactive, research shows that starting a more active lifestyle now through regular, moderate - intensity activity can make you healthier and improve your quality of life; and WHEREAS Regular physical activity substantially reduces the risk of dying of coronary heart disease, the nation's leading cause of death, and decreases the risk of stroke, colon cancer, diabetes and high blood pressure; and WHEREAS Regular physical activity also helps to control weight; contributes to healthy bones, muscle and joints; reduces the symptoms of anxiety and depression and is associated with fewer hospitalizations, physician visits and medication; and WHEREAS Physical activity need not be strenuous to be beneficial; people of all ages benefit from participation in regular, moderate - intensity physical activity, such as 30 minutes of brisk walking five or more times a week; and WHEREAS Walk Across Texas is an eight -week physical activity program with one goal - to increase your physical activity level, using friendly competition and group support to encourage adults and adolescents to become physically active. NOW, THEREFORE, BE IT PROCLAIMED that I, Duane Peters, Brazos County Judge, and the Brazos County Commissioners Court do hereby proclaim February 11 - April 7, 2012 as eight weeks of fun and fitness, and urge all Brazos County citizens to participate in Walk Across Texas and increase their physical activity level. PROCLAIMED this 7 11, day of F ary 2012. Duane Peters County judge Commissioner Lloyd Wassermann omnussi er Sammy Catalena Precinct 1 gt Commissioner nny Mallar Commissioner Irma C e Precinct 3 Precinct 4 12 -012 /3 - 7 Vol. Pg. of p Texas Department of Public Safety 2009 Grant Adjustment Notice for Brazos County This GAN changes the performance dates of the grants in Section 5. Date of Award January 25, 2012 1. Sub - Recipient Name and Address 2. Prepared by: Jenkins, Shane 3. SAA Award Number: 09 -GA 48041.03 4, Federal Grant Information Federal Grant Title: Homeland Security Grant Program Judge Duane Peters Federal Grant Award Number: 2004- S5- T9 - 0064 Brazos County 200 South Texas Ave Suite 332 Date Federal Grant Awarded to TxDPS: August 1, 2009 Bryan, TX 77803 Department of Homeland Security Federal Granting Agency: FEMA Grant programs Directorate g, Award Amount and Grant Breakdowns N ote: Additional Budget Sheets (Attachment A): El Yes 1:1 No Total Award Amount SHSP -LEAP UASI UASI -LEAP CCP MMRS SHSP 97.073 97.073 97.008 97.008 97.053 97,071 $188,047.06 #174,023.56 #14,623.56 #D.DD #O,DO #0.00 #O.DO This award supersedes all previous awards. Performance Period: Aug 1, 2009 to May 15, 2012 6. Statutory Authority for Grant: This project is supported under Consolidated Security, Disaster Assistance and Continuing Appropriations Act. 2009 Public Law No. 110 -329. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. 8. Debarment /Suspension Certification: The Sub- Reclpient certifies that the subgrantee and Its' contractors /vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear In the Excluded Parties List System at http: / /www.epls.90v. g, Agency Approval Approving TXDPS Official: Signature of TxDPS Official: Machelle Pharr, Deputy Assistant Director E4 State Administrative Agency t Texas Department of Public Safety 10. Sub - Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and and title of Auut�hoorized Sub - Recipient official: 77777 Src cr Cote age_ 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 12. Date Signed - Co00043-3 13. DUE DATE: Nama Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. V ol. � 4 V -7 P g. 2009 TERMS AND CONDITIONS Homeland Security Grant Program (HSGP) FY 2009 HSGP is comprised of four separate grant programs: • State Homeland Security Program SHSP • Urban Areas Security Initiative fUASI) • Metropolitan Medical Response System (MMRS) • Citizen Corps Program (CCP) Parties to Sub - recipient Agreement This Sub - recipient agreement is made and entered into by and between the Texas Division of Emergency Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "TDEM," and the funds recipient, hereinafter referred to as the "Sub- recipient." Furthermore, TDEM and the Sub - recipient are collectively hereinafter referred to as the "Parties." By this Sub - recipient agreement's execution, the Parties have severally and collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks described in this Sub - recipient agreement. The Sub - recipient Agreement is only an offer until the Sub- recipient returns the signed copy of the 2009 Sub - recipient Agreement in accordance with the date provided in the transmittal letter and in the agreement. The Sub - recipient must also certify to the statements provided in Exhibits Band C by signing and returning a copy of these documents with the Sub - recipient Agreement. Overview, Special Conditions and Performance Standards A. Overview. State Homeland Security Grant (SHSP) The State Homeland Security Program (SHSP) is a core assistance program that provides funds to build capabilities at the State and local levels and to implement the goals and objectives included in State Homeland Security Strategies and initiatives in the State Preparedness Report. SHSP supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts of terrorism and other catastrophic events. In addition, SHSP supports the implementation of the National Preparedness Guidelines, the National Incident Management System (NiMS), and the National Response Framework (NRF). Urban Areas Security Initiative (UASI) Urban Areas Security Initiative (UASI) program funds address the unique planning, organization, equipment, training, and exercise needs of high- threat, high- density Urban Areas, and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. Metropolitan Medical Response System (MMRS) The MMRS program supports the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard. MMRS Grantees will reduce the consequences of a mass casualty incident during the initial period of a response by having augmented existing local operational response systems before the incident occurs. Citizen Corps Program (CCP) The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation, response, and recovery. VOL B. Special Conditions SHSP Activities implemented under SHSP must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate this dual -use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. The recipient may only fund projects that were included in the FY 2009 State Investment Justifications which were submitted and approved by DHS /FEMA Use of SHSP funds must be consistent with and supportive of implementation of the State Homeland Security Strategy and State Preparedness Report_ Linkages between specific projects undertaken with SHSP funds and strategic goals and objectives will be highlighted through regular mechanisms, including the Biannual Strategy Implementation Report (BSIR) As defined in the FY 2009 grant guidance, the FY 2009 SHSP will focus on two objectives as the highest priorities. These two objectives are_ 1. National Priority: Strengthen Information Sharing and Collaboration Capabilities — Maximizing Information Sharing via the National Network of Fusion Centers; 2. National Priority: Strengthen Medical Surge and Mass Prophylaxis — Developing and Enhancing Health and Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement Terrorism Prevention Activities Priorities. A personnel cap of up to 50% of total program funds may be used for personnel and personnel - related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110 -412). In general, the use of Homeland Security Grant Program grant funding to pay for staff and/or contractor regular time or overtime /backfill is considered a personnel cost. Since a separate LETPP grant program for Law Enforcement Terrorism Prevention Activities was not created for FY 2009, the State is required to ensure that local and state sub- grantees expend at least 25 percent of their SHSP award funds towards law enforcement terrorism prevention - oriented planning, organization, training, exercise, and equipment activities. UASI Allocations and use of grant funding must support and be coordinated with the goals and objectives included in the State and /or Urban Area Homeland Security Strategies. The recipient may only fund projects that were included in the FY 2009 Urban Area Investment Justifications which were submitted and approved by DHS/FEMA. The recipient agrees that funds utilized to establish or enhance designated state and Urban Area fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice /Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and the National Strategy for Information Sharing, and achievement of a baseline level of capability as defined by Global's Baseline Capabilities for State and Major Urban Area Fusion Centers, a supplement to the Fusion Center Guidelines, located at httpillwww.it.oip.gov/documentsibaselinecapabilitiesa.pd . The recipient agrees to fund any multi -state or multi -urban area Investments that were included in the FY2009 Investment Justification that was submitted to GPD and received a bonus in the effectiveness analysis. A personnel cap of up to 50% of total program funds may be used for personnel and personnel- related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110 -412). In general, the use of Homeland Security Grant Program grant funding to pay for staff and/or contractor regular time or overtimelbackfill is considered a personnel cost. MMRS MMRS is a local grant which will require each MMRS Jurisdiction establish a single Point of Contact (POC) who will serve as the responsible contact for MMRS implementation, activities, and procurement for the jurisdiction as lead and in coordination with a Jurisdictional MMRS Steering Committee. The POC and MMRS Steering Committee will integrate local emergency management, health and medical systems with their Federal and State counterparts through a locally established multi - agency, collaborative planning framework; promote regional coordination of mutual aid with neighboring localities; regularly validate the jurisdictions local emergency response capability to a mass casualty incident by means of an exercise or other validation means; collaborate with local, regional, and State health and medical partners, such as Medical Reserve Corps Units and Citizen Corps Councils, as well as leverage other `lol. -7 Pg' Federal programs, such as the U.S. Department of Health and Human Services Assistant Secretary for Preparedness and Response (DHHS -ASPR) Hospital Preparedness Program and Emergency Systems for Advance Registration of Volunteer Health Professionals (ESAR -VHP), Center for Disease Control and Prevention Cities Readiness Initiative and Strategic National Stockpile, to coordinate and support plans, processes and strategies related to, but limited to: Continuity of Government; Continuity of Operations; Equipment and Supplies Procurement; Fatality Management; Forward Movement of Patients; Hospital Evacuation; Interoperable Communications; Patient Tracking; Pharmaceutical and Medical Supply Management and Distribution; Public Education; Outreach and Information; Recruiting Volunteers; and Training; ensure the "MMRS Leadership' is fully represented on the Urban Area Working Group in cases where a MMRS grant is awarded and a UASI program exists; ensure all neighboring MMRS subgrantees actively and demonstratively collaborate to develop a regional plan that supports the MMRS mission in that region in cases where MMRS subgrantees are located adjacent to one another and implement an Investment Justification that clearly identifies the size of the populations included in the planning and operational areas supported by the MMRS grant. The Metropolitan Medical Response System (MMRS) provides funds to build capabilities at the State and local levels to implement the goals and objectives included in State Homeland Security Strategies and initiatives in the State Preparedness Report. MMRS supports the implementation of Stale Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts of terrorism and other catastrophic events. In addition, MMRS supports the implementation of the National Preparedness Guidelines, the National Incident Management. System (NIMS), and the National Response Framework (NRF). Activities implemented under MMRS must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate this dual -use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. Use of MMRS funds must be consistent with and supportive of implementation of the State Homeland Security Strategy and State Preparedness Report. Linkages between specific projects undertaken with MMRS funds and strategic goals and objectives will be highlighted through regular mechanisms, including the Biannual Strategy Implementation Report (BSIR) As defined in the FY 2009 grant guidance, the FY 2009 MMRS will focus on two objectives as the highest priorities. These two objectives are: 1. National Priority: Strengthen Information Sharing and Collaboration Capabilities— Maximizing Information Sharing via the National Network of Fusion Centers; 2. National Priority: Strengthen Medical Surge and Mass Prophylaxis — Developing and Enhancing Health and Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement Terrorism Prevention Activities Priorities. CCP The sub - recipient must register their Citizen Corps Council on the Citizen Corps website http:llwww.citizencori)s.gov and manage their program and information on the site. Citizen Corps Councils must include representatives of emergency management, homeland security, law enforcement, fire service, medical services /public health or their designee, elected officials, the private sector, private non- profits, non- governmental organizations and advocacy groups for special needs populations. In addition, representatives from existing Citizen Corps programs, such as Volunteers in Police Service (YIPS), Medical Reserve Corps (MRC), Community Emergency Response Team (CERT), Neighborhood Watch, and Fire Corps should be included on the Citizen Corps Council. Where applicable, Metropolitan Medical Response System representative should also be included on the Citizen Corps Council. All allocations and use of funds under this grant must be in accordance with the FY 2009 HSGP Guidelines and Application Kit found at - http:llwww.fem;L.gov/ciovernrnentfqrantlhscip/index.shtm All award Sub - recipients are required to have read, understood and accepted the FY 2009 HSGP Guidance and Application Kit as binding. C. Standard of Performance. The Sub - recipient shall perform all activities and projects entered into the SAA web - based grants management system approved by its Council of Governments (COG) and by the State Administrative Agency (SAA). The Sub - recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub- recipient agreement and the: Applicable Laws and Regulations, hereinafter referred to as "Exhibit A" Certifications, hereinafter referred to as "Exhibit B% and Vol. Pg° 3. Certification Regarding Lobbying For Sub- recipient Agreements, Grants, Loans, and Cooperative Agreements, hereinafter referred to as "Exhibit C ". D. Failure to Perform, In the event the Sub - recipient fails to implement the project(s) entered into The SAA web -based grants management system, or comply with any of this Sub - recipient agreement's provisions, in addition to the remedies specified in this Sub - recipient agreement, the Sub- recipient is liable to TDEM for an amount not to exceed the award amount of this Sub - recipient agreement and may be barred from applying for or receiving additional DHSIFEMA grant program funds or any other federal program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved. TDEM Obligations A. Measure of Liability TDEM shall be liable for actual and reasonable costs incurred by the Sub - recipient during the Sub- recipient agreement period for performances rendered under this Sub - recipient agreement by the Sub - recipient, subject to the limitations set forth in this Section. TDEM shall not be liable to the Sub- recipient for any costs incurred by the Sub- recipient that are not allowable costs. B. Sub- recipient Agreement Funds Defined and Limit of Liability The term "Sub- recipient agreement funds" as used in this Sub - recipient agreement means funds provided by TDEM under the DHSIFEMA grant programs. The term "Sub - recipient's funds" or match funds as used in this Sub - recipient agreement means funds provided by the Sub - recipient. Notwithstanding any other provision of this Sub - recipient agreement, the total of all payments and other obligations incurred by TDEM under this Sub - recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub - recipient agreement. C. Excess Payments The Sub - recipient shall refund to TDEM any sum of Sub - recipient agreement funds that has been paid to the Sub - recipient by TDEM or that TDEM determines has resulted in overpayment to the Sub- recipient that TDEM determines has not been spent by the Sub - recipient in accordance with this Sub - recipient agreement. No refund payment(s) may be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub- recipient shall make such refund to TDEM within thirty (30) days after TDEM requests such refund. Suspension Notwithstanding the provisions of Chapter 2251, Texas Government Code, in the event the Sub - recipient fails to comply with any of this Sub- recipient Agreement's terms, TDEM may, upon written notification to the Sub - recipient, suspend this Sub- recipient agreement in whole or in part, withhold payments to the Sub- recipient and prohibit the Sub - recipient from incurring additional obligations of Sub - recipient agreement funds. Termination A. TDEM's Right to Terminate TDEM shall have the right to terminate this Sub - recipient agreement, in whole or in part, at any time before the end of the Performance Period, whenever TDEM determines that the Sub - recipient has failed to comply with any of this Sub - recipient agreement's terms, TDEM shall notify the Sub- recipient in writing prior to the thirtieth (30 ") day preceding the termination of such determination and include: 1. the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub - recipient agreement to be terminated. B. Parties' Right to Terminate In addition to TDEM's right to terminate specified in Subsection A of this section, both Parties shall have the right to terminate this Sub- recipient agreement, in whole or in part, when the Parties agree that the continuation of the activities funded under this Sub - recipient agreement would not produce beneficial results commensurate with the further expenditure of Sub - recipient agreement funds. The Parties shall agree, in writing, upon the termination conditions, including the effective date of termination and in the case of partial termination, the portion of the Sub - recipient agreement to be terminated. Conflict of Interest The Sub - recipient shall operate in a manner to avoid any potential conflict of interest, real or apparent, and comply with the related requirements of the Uniform Grant Management Standards (UGMS). A. Financial Interest Prohibited A conflict of interest may arise when the employee, officer or agent; any member of his or her immediate family; his or her partner; or, any organization that employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform a subcontract pursuant to this Sub - recipient agreement. The Sub - recipient shall ensure that no employee, officer, or agent of the Sub - recipient shall participate in the vol. 5 7 pg. 1 g selection, in the award or administration of a subcontract supported by Sub- recipient agreement funds pursuant to this Sub - recipient agreement and comply with Chapter 171, Texas Local Government Code. B. Other Prohibited Interests In all cases not governed by Subsection A of this Section and except for eligible administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed official of the Sub- recipient or of a subcontractor of the Sub- recipient who exercises or have exercised any functions or responsibilities with respect to the activities assisted under this Sub - recipient agreement or any other DHS /FEMA Sub - recipient agreement who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the activity or have any interest in any Sub - recipient agreement, subcontract or agreement with respect to the activities or the proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. Inclusion in Subcontracts The Sub - recipient shall include the substance of this Section in all subcontracts. Monitoring TDEM reserves the right to perform periodic office -based and/or on -site monitoring of the Sub - recipient's compliance with this Sub - recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub - recipient's performance pursuant to this Sub - recipient agreement. After each monitoring visit, TDEM shall provide the Sub - recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub - recipient's performance under this Sub - recipient agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by the Sub- recipient. Failure by the Sub - recipient to take action specified in the monitoring report may be cause for this Sub- recipient agreement's suspension or termination pursuant to the Suspension and /or Termination Sections above. Audit A. Audit of Federal and State Funds The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement as required by the Single Audit Act (OMB Circular A — 133; 44 C,F.R. 13.26) and as outlined in Exhibit A. The Sub - recipient will also comply, as applicable, with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. B. TDEM's Right to Audit Notwithstanding Subsection A of this Section, TDEM reserves the right to conduct a financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub- recipient agreement. The Sub - recipient agrees to permit TDEM or its authorized representative to audit the Sub - recipient's records and to obtain any documents, materials or information necessary to facilitate such audit. C. Sub - recipient's Liability for Disallowed Costs The Sub - recipient understands and agrees that it shall be liable to TDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub - recipient agreement funds. The Sub - recipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by the Sub - recipient from funds that were not provided or otherwise made available to the Sub - recipient pursuant to this Sub - recipient agreement or any other federal contract. D. Sub - recipient's Facilitation of Audit The Sub - recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of the Sub - recipient. The Sub - recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub - recipient and the requirement to cooperate is included in any subcontract it awards. Reimbursement Sub - recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized Sub - recipient representative. Sub - recipient also agrees to make no request for reimbursement for goods or services procured by Sub - recipient prior to the performance period start date of this agreement. A. Request for Advance or Reimbursement The Sub - recipient shall submit to TDEM, a properly completed Local Purchase Submission Cover Sheet as often as actually needed. TDEM retains the authority to approve or deny amount requested and shall not make disbursement of any such payment until TDEM has reviewed and approved such a request. The Local Purchase Submission Cover Sheet shall be supported by documentation as required by the SAA, currently referenced on the SAA web -based grants management system, and may be revised in subsequent policy updates. B. Request for Advance Funds and Transfer of Funds The Sub- recipient's requests for an advance of Sub - recipient agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this Sub- recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The VOL pg' Sub - recipient shall establish procedures to minimize the time elapsing between the transfer of funds from TDEM to the Sub - recipient and shall ensure that such funds are disbursed within fifteen (15) days unless extenuating circumstances can be documented. C. Payment Contingent Notwithstanding the provisions of Subsection A of this Section, payments under this Sub - recipient agreement are contingent upon the Sub - recipient's performance of its contractual obligations. D. Source Documentation Requirement: Sub - recipients must provide proof of payment documentation with all reimbursement requests submitted for processing. The following is a list of acceptable proof of payment documents: c Copy of cancelled check o Screen print of General Ledger account showing funds have been encumbered o Credit Card Statement showing purchase of the items • Payroll journal for individuals showing rate of pay and hours worked • Copy of invoice stamped "paid" with the date, vendor initials and check number for reference National Incident Management System (NIMS) and the Incident Command System (ICS) Sub - recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. NIMS compliance for 2009 must be achieved by completing required actions outlined by FEMA and TDEM. For a more detailed description of these requirements, as well as other NIMS implementation requirements, see htto:/lwww. Tema. oovlem ergencylnimslCu YearGu,'dance. shtm NIMSCAST Requirements To be eligible to receive FY 2009 DHS funding, local primary jurisdictions and tribes must have achieved 100% compliance with the FY 2008 NIMS compliance objectives and metrics in the NIMSCAST by January 30, 2009. All State and territory grantees were required to submit their compliance assessment via the NIMSCAST by September 30, 2008 in order to be eligible for FY 2009 preparedness programs. Additional information on achieving NIMS compliance is available through the FEMA National Integration Center (NIC) Incident Management Systems Integration (IMSI) Division at htlA: llwww.fema.govlemergencvinimsl Other Requirements A. During the performance period of this grant. Sub - recipients must maintain an emergency management plan at the Intermediate Level of planning preparedness or higher, as prescribed by TDEM. This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter - jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Sub - recipient's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of the grant. C. During the performance period of this grant, Sub - recipient agrees that it will participate in a legally- adopted county and/or regional mutual aid agreement. D. During the performance period, the Sub - recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teamslresponse units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub - recipients must submit Fiscal Year 2009 Indirect Cost Allocation Plan signed by Cognizant Agency. Plan should be forwarded to the SAA along with the Planning and Administration Grant Budget Form, F. Council of Governments (COG) will follow guidelines listed in the SAA FY 09 COG Statement of Work. H_ The State's 24 planning regions are voluntary associations of local governments organized pursuant to state law as regional planning commissions, councils of government, development councils, and area councils. It is recognized that Voi. ° one of the major functions of state planning regions as homeland security grant Sub - recipients is to perform a wide variety of planning and some program administration for both their region and on behalf of the cities and counties within the region that may also be homeland security grant Sub- recipients. Closing the Grant A. The Sub - recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the end of the performance period listed on the sub - recipient agreement. B. TDEM /SAA will close a sub -award after receiving Sub - recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub - recipient is owed additional funds, TDEM /SAA will send the final payment automatically to the Sub - recipient. If the Sub - recipient did not use all the funds received, TDEM /SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. TDEM /SAA will unilaterally close out this grant if sub- recipient does not reconcile account and sign closeout GAN by the 60th day after the sub - recipient performance period ends. Restrictions, Disclaimers and Notices A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by TDEM /SAA'prior to obligation or expenditure of such funds. U.S. Department of Justice Financial Guide (Part III Chapter 15) httoll www _oip.usdoLgov/financialquide/ B. In cases where local funding is established by CODs, release of funds by TDEM is contingent upon regional funding allocation approval by the Sub - recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that TDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet TDEM's liabilities hereunder. TDEM shall not be liable to the Sub - recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub - recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day, Chief Division of Emergency Management State Administrative Agency PO Box 4087 Austin, TX 78773 -0220 Uniform Administrative Requirements, Cost Principals and Audit Requirements Except as specifically modified by law or this Sub - recipient agreement's provisions, the Sub- recipient shall administer the award through compliance with all applicable Laws and Regulations. A non - exclusive list is provided below A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A -110). B. Cost Principles 1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments (OMB Circular A -87) 2. 2C.F.R. Part 220, Cost Principals for Education Institutions (OMB Circular A -21) 3. 2C.F.R. Part 230, Cost Principles for Non - Profit Organizations (OMB Circular A -122) 4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations Vol. / 5 7 pg' C. Audit Requirements — OMS Circular A -133, Audits of States, Local Governments and Non - Profit Organizations Retention and Accessibility of Records A. Retention of Records The Sub- recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub - recipient agreement funds pursuant to the applicable OMB Circular and this Sub - recipient agreement_ The Sub - recipient shall retain these records and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program requirements and financial obligations, or the period of time required by other applicable laws and regulations as described in Exhibit A. B. Access to Records The Sub - recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub - recipient pertaining to this Sub - recipient agreement including records concerning the past use of DHSIFEMA funds. Such rights to access shall continue as long as the records are retained by the Sub - recipient. The Sub- recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, Chapter 552, Texas Government Code. C. Inclusion in Subcontracts The Sub - recipient shall include the substance of this Section in all subcontracts. Subcontracts A. TDEM's Approval of Subcontract and Liabilit . The Sub - recipient may subcontract for performances described in this Sub- recipient agreement without obtaining TDEM's prior written approval. B. Sub- recipient Liability In no event shall any provision of this Section be construed as relieving the Sub - recipient of the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this Sub - recipient agreement's terms as if such performances rendered were rendered by the Sub- recipient. TDEM's approval under this Section does not constitute adoption, ratification or acceptance of the Sub - recipient's or a subcontractor's performance. C. Applicable Law The Sub - recipient shall comply with 44 C.F.R. § 13.1 - 13.52 and all applicable federal and state laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub - recipient agreement. Legal Authority A. Signatory Authority The Sub - recipient assures and guarantees that the Sub - recipient possesses the legal authority to enter into this Sub - recipient agreement, receive Sub - recipient agreement funds and to perform the services the Sub - recipient has obligated itself to perform pursuant to this Sub - recipient agreement, B. Authorized Representative The person or persons signing and executing this Sub - recipient agreement on the Sub - recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub - recipient to execute this Sub - recipient agreement on the Sub - recipient's behalf and to validly and legally bind the Sub- recipient to all contractual terms, performances and provisions. Notice of Litigation and Claims The Sub - recipient shall give TDEM immediate notice in writing of: 1. any action, including any proceeding before an administrative agency, filed against the Sub - recipient arising out the performance of any subcontract under this Sub - recipient agreement; and 2. any claim against the Sub - recipient, the cost and expense of which the Sub - recipient may be entitled to be reimbursed by DHSIFEMA grant programs. Except as otherwise directed by TDEM, the Sub- recipient shall furnish immediately to TDEM copies of all documentation received by the Sub - recipient with respect to such action or claim_ Indemnification To the extent permitted by law, the Sub - recipient agrees to hold TDEM harmless and to indemnify TDEM from and against any and all claims, demands and causes of action of every kind and character that may be asserted by any party occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub - recipient pursuant to this Sub - recipient agreement. i 57 Vol. Yg. Changes and Amendments A. Written Amendment Except as specifically provided otherwise in this Sub - recipient agreement, any alterations, additions or deletions to this Sub - recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants management system and executed by the Parties. B. Authority to Amend During the period of this Sub - recipient agreement's performance TDEM and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Sub - recipient agreement's performance requirements. Such policy directives shall be promulgated by TDEM or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub - recipient agreement's terms and shall be binding upon the Sub - recipient as if written in the Sub - recipient agreement. C. Effect of Changes in Federal and State Laws Any alterations, additions, or deletions to this Sub - recipient agreement's terms that are required by the changes in federal and state laws or regulations are automatically incorporated into this Sub- recipient agreement without written amendment to this Sub - recipient agreement and shall become effective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA) periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers FEMA's National Preparedness Directorate Information Bulletins can be accessed at hftv:// www. oiA. usdoi .qov_ /odp/d ocs/buftefins.him and are incorporated by reference into this sub - grant. Headings Headings and captions of this Sub - recipient agreement's sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub - recipient agreement's terms or be used to interpret or assist in the construction of this Sub - recipient agreement. Oral and Written Agreements A. Prior Agreements All oral and written agreements between the Parties relating to this Sub - recipient agreement's subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub - recipient agreement. B. Exhibits The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub- recipient agreement and constitute promised performances by the Sub - recipient in accordance with the Sub - recipient agreement and the Exhibits. C. Commissioner's Signature This Sub- recipient agreement is not effective unless signed by the Chief of TDEM or by his authorized designee. Waiver Any right or remedy provided for in this Sub- recipient agreement provision shall not preclude the exercise of any other right or remedy under this Sub - recipient agreement or under any provision of law, nor shall any action taken or failure to take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time. Venue For purposes of litigation pursuant to this Sub - recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Statute. 157 .23 Vol. Pg. EXHIBIT A THE APPLICABLE LAWS AND REGULATIONS The Sub - recipient shall comply with OMB Circular A -21, A -87, A -102, A -110, A -122, A -133; Ex. Order 12372 (intergovernmental review of federal programs); and 44 C.F.R, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Sub - recipients shall also comply with 2C.F.R. Part 215, Institutions of Higher Education, Hospitals and Other Non - Profit Organizations, 2C.F.R. Parts 225, State and Local Governments, Part 220, Educational Institutions; and Part 230, Non- Profit Organizations. Compliance with Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial organizations is required. Sub- recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub - recipient agreement's activities and performances rendered by the Sub - recipient including but not limited to the laws and the regulations promulgated hereunder and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS) and Paragraph A through M of this Exhibit. A. CIVIL RIGHTS - Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000d at seq.); (44 C.F.R. 7.1) hitp: /luscode. house. gov/uscode- cgilfastweb, exe ?getdoc +uscview +t41t42 +2957 +3 + + %28civi1%20ri httoalwww. access.gpo.gov/naralcfr/waisidx 07144cfr7 07.htmi B. HANDICAP AND ARCHITECTURAL BARRIERS - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); (44 C.F.R. 16.101) hito: /luscode. house. govl uscode- cailfastweb.exe ?getdoc +uscvie w +t29t32 +363 +0 + + %28Handicap %29 ; http:l/frwebgate. access. gpo, qov /cqi- binlget -cfr, cqi ?TITLE =44 &PART =16 &SECTION -101 &TYPE =TEXT ; The Sub - recipient shall ensure that the plans and specifications for construction of, improvements to, or the renovation of buildings, related to this project have been received by the Texas Department of Licensing and Regulation (TDLR) concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469, Texas Government Code. htto: llwww . statutes, leois. state. tx.usl ?link =GV C. ENVIRONMENTAL LAW AND AUTHORITIES - In accordance with the provisions of law cited in 44 C.F.R. § 10.8, the responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508. htto: llwww. access. goo, Qov /naralcfr /waisidx 07140cfr1501 07.htmi (44 C.F.R. 10.1) hdp .-Iledocket.access.wo.gov/cfr 2007 /ocf7tr144c1r10.1.htm D. LABOR STANDARDS - The Davis -Bacon Act, as amended (40 U.S.C. § 3142) http: // uscode.house._qovluscode- cgilfastweb .exe ?getdoc +uscview +137t40 +1723 +1 + + %28 %29 %20 %20A ; The Contract Work Hours & Safety Standards Act (40 U.S,C.§ 3702) http:lluscode.house. qov /uscode - cqi /fastweb. exe ?getdoc +uscview +f37t40 +1765+ 1 + + %28 %29 %20 %20A The Copeland "Anti- Kickback" Act (18 U.S.C. § 874) htto:/luscode. house. gov /uscode- cgi /fastweb. exe ?getdoc +uscview +t 17t20 +511 +0 + + %28 %29 %20 %20AN E. FREEDOM OF INFORMATION ACT - (5 U.S.C. 552); (44 C.F.R. 5.1) http:lledocket.acces�govlcfr 2007 1octatr144cfr5.1.htm ; hirp:ilu.rcode.house.aov /uscode -cgilJ sha -e.h. ere? jZeldoc+ arscvic! wl- 105108 +26 +0 + +%281nfnrnaat F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 - If the Sub - recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally- assisted programs; and (Federal Assurance) - (42 U.S.C. 4601); (44 C.F.R. 25.1) http: //`frwebgate. access. ggo.gov /cqi- bin / get -cfr. cqi ?TI TLE =44 &PART =25 &SECTION =I& TYPE= TEXT http:/luscode.house. govluscode- cgilfastweb. exe ?getdoc +uscview +t41 t42 +4568+ 1 + + %28 %29 %20 %20A G. FAITH -BASED ACTIVITIES - Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith - Based and Community Organizations, (67 Fed. Reg. 77141) http:// edocket-access . goo, gov120021odf102- 31831.pdf H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS) - Sub - Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. htfo :/lwww.fema.govlemergencvinims lC1] Vol. Pg._ _�. I. PROGRAM INCOME - If a Sub- recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at htfn. / /www. access. wo.gcv /nara /cfr /waisidx 03128cfr66 03.htm/ and the Uniform Rule 28C.F.R. Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub - awards) with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at http: / /www. access.gpo,goy /nara /cfr /waisidx 03/28cfr70 03.html . Sub - recipients must report any interest earned to TDEM /SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 J. AUDITS - The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement under the Single Audit Act (OMB Circular A - 133; 44 G.F.R. 13.26) httpa /frwebgate.access.gpo.govlcgi- bin /get- cfr.cgi ?TITLE =44 &PART =13 &SECTION =26 &TYPE =TEXT ; http. Y/www.dhs.gov/xopnbiLJgrants /gc 1162481125903. shim K_ GRANT ADMINISTRATION - The Sub - recipient will also comply with Texas Government Code, Chapter 783, http:// Www. statutes. /egis. state. tx.usl ?fink =GV ; and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements, http./linfo.sos. state. tx. us/ p ls/gublreadtac$ext.TacPage ?sf =T &app =9 &p dir =N &p doc= 111847 &p tloc = &p plot- 1 &pq =2& p fac =&ti =1 &pt =1 &ch =5 &r1 =141 Sub- recipienfs must also comply with 44, C. FR., Part 13, http:// www. access .g,00.00vinara /cfrtwaisidx 07144cfr13 07,htm with 2C.F.R. Part 215 http. /l www. access.gAo.govinaralcfrlwaisidx 0812cfrvl 08.htmt#215 , 2C,F.R. Part 225, Part 220 and Part 230. L. PROPERTY ADMINISTRATION - TAC Title 1, Part 5, Chapter 116, htho:llinfo.sos. state. tx. usl pts /publreadtac$ext. Vie wTAC ?tac view= 3 &ti =1 &pt =5 M. PUBLICATIONS - 44 C.F.R., Section 13.34 ht tp:l lfrwebgate access gpo govlcgi- bWget -cfi cgi?T1TLE =44&PART =13 &SECTION =34 & TYPE= TEXT 1. Sub - recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a recipient or Sub - recipient purchases ownership with Federal support. The Recipient agrees to consult with NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 2. The Sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This Document was prepared under a grant from the National Preparedness Directorate, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of U.S. Department of Homeland Security." 57 S Vol, - - � - Pg• -- y EXHIBIT B CERTIFICATIONS I, 1 U0,n Q._ (print) as the authorized official of _ Za hereinafter referred to as the "Sub- recipient," certify the following with respect to the expenditure of Sub - recipient greement funds. A. The Sub - recipient shall minimize displacement of persons as a result of activities assisted with Sub - recipient agreement funds. B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964, as amended, (42 U.S.C. § 2000a et seg.); Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 794); Title IX of the Education Amendments of 1972, as amended, (20 U.S,C. § 1681 et. seg.); The Age Discrimination Act of 1975, as amended, (20 U.S.C. § 6101 et. seg.). C. As specified by TDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with a project assisted with HSGP funds, the Sub - recipient shall follow a residential anti- displacement and relocation assistance plan. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The Sub - recipient certifies that it and its principals and vendors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub - recipients can access debarment information by going to www.epts.gov and the State Debarred Vendor List http. /lwww. window. state. U.us/procuremenbpmgtyendor performance /debarred / 2. Have not within a three -year period preceding this application 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 (D)(2) of this certification; and 4. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 5. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (Federal Certification) E. Sub - recipient understands and certifies that it will not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. F. The Sub - recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. FY 2009 HSGP Signature Date E VOL- f 7 Pg. EXHIBIT C CERTIFICATION REGARDING LOBBYING FOR SUB- RECIPIENT AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned, _ (print), as the authorized official of t certifies the following to the best of his/her knowledge and belief. A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an 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 Sub - recipient agreement, 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 Sub - recipient agreement, grant, loan or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal Sub- recipient agreement grant, loan or cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying form in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards including sub - contracts, sub - grants and Sub - recipient agreements under grants, loans, and cooperative agreements and that all Sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon that 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 31 U.S.0 § 1352. 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. Signature Date 13 / t ; 7 Vol. Pg. Non - Profit Organization Application for Brazos County Inmate Work Crew Labor Brazos Valley Council on Alcoho and Substance Abuse ADDESS CI STATE ZIP 405 W. 28 Street, Bryan, TX, 77803 __.. -... C rvsta l Crowell 979 - 823.3744 979 - 8236694 Barbara Dott I certify that the above named organization is a nonprofit organization that qualifies for a tax exemption under Section 501(s), Internal revenue Code of 1986, as an organization described by Section 501 (6)(3) of that code, and is organized as a nonprofit corporation under the Texas Non - Profit Corporation Act (Article 1396 -1,01 et seq., Vernon's Texas Civil Statutes. a- l I'P Please provide a description of the type of work that will be assigned and equipment that will be used. rietlu w uc CIUM"A G,,.I and protective eyewear for th_e We currently do not have sufficient hammers gloves, . .. r . _ .._ — L. A _w . ca.......7 'rkm k^c2rde frnm fhA fPnRA rAM01 i MU tv WV 11cauw" w ..... ........... ._ - - Ma npower and hauilna away of the waste material would be greatly apDreclated. Thanks. Barbara Dott Director of Q erations BVCAS 405 W, 99! �t re� Bryan, TX 77803 979-823-37 4 ext. 110 ltavlssd 071445 -ids 5 7 pg. Vol. Brazos County Office of the Sheriff Request for Work Crew Assignment The Brazos County Office of the Sheriff has reviewed the application for assignment of a work crew. ❑ The type of labor and task requested Is appropriate for work crew assignment.. It Is hereby requested that this application be placed on the agenda for the Brazos County Commissioners Court consideration of approval. Signature ❑ The type of labor and task requested is not appropriate for work crew assignment. It is hereby requested that this application not be placed on the agenda for the Brazos County Commissioners Court consideration of approval. Tills Data Brazos County Commissioners Court ' Approval for Work Crew Assignment The Brazos County Commissioners Court has received the recommendation from the Brazos County Office of the Sheriff and has determined that the above non - profit organization provides a public service to the county or to a political subdivision located in whole or in part In the county. This approval for work crew assignment is valid effective from the date approved below through December 31 I of the calendar year, Approved County Judge Dat � 1 Revised 471405 -ads 1 9 CAREMARKPCS HEALTH, L.L.C. AMENDED AND RESTATED PHARMACY BENEFIT SERVICES AGREEMENT CONSUMER CARD PROGRAM THIS AMENDED AND RESTAIED AGREEMENT (the "Agreement ") is effective beginning January 1, 3012 (the `Effective Date ") among National Association of Counties ( "Customer "). counties that are members of the National Association of Counties ( "Member County") and CaremarkPCS Health, L.L.C., ("Caremark"), for the purpose of delineating the terms and conditions under tkhich Caremark will provide certain managed phartnacv benefit services to Member County ar.d Customer. This Agreement amends the existing Miember Coun Agreements consistent with the terms thereof. Customer agrees that it will require each Member Coun added after the Effective Date to execute an individual agreement with Caremark in the form attached hereto as Exhibit B (the "Member County Agreement ") prior to Caremark's providing Services to such member County. Caremark will not provide Services to Member County prior to the receipt of the Member County's execution of the Member County Agreement. STATEMENT OF SERVICES / OBLIGATIONS. 1.1 Services. Caremark will provide Member County the services as set forth in this Section 1, and the services described in anv attachment, addendum or amendment hereto (collectively the "Services"), Caremark may make changes to the Services from time to time so long as such changes do not materially aster any of the provisions of this Agreement. 112 Participating Pharmacies. Caremark has created a network of Participating Pharmacies, which will perform pharmacy services for Participants. 1.3 Pharmacy Help Desk and Voice Response 1 ;nit. Caremark will provide Participating Pharmacies with help desk assistance and access to Caremark's voice response unit during Caremark's hours of operation. 1.4- Claims Processing. a. Submission of Claims. Caremark will adjudicate Claims submitted by Participating Phatmaeies to Caremark [n accordance with the Participating Pharmacy's agreement with Caremark and the Consumer Card Program. b. Collection at Point of Sale. Customer and ;Member County acknowledge that Participating Pharmacies will collect from the Participant one hundred percent (1001 of the applicable prescription price, discounted at the rates set forth on Exhibit A as applicable, plus a transaction fee from the Participant. 1.5 Customer Service. Caremark will make available to Customer, Member County and Participants a toll free number during those hours of operation maintained by Caremark. Staff will be available to answer questions on the Consumer Card Program and Consumer Card Program guidelines. 1.6 identification Cards. Caremark will, at its own cost, produce identification cards for Participants, which contain Member County's and Customer's iogo(s). Identification cards will be available to any individual the Member County or Customer deem appropriate. Caremark will work with ]Member County on the distribution method for identification cards; provided, howevur if Member County requests that Caremark mail the identification cards to Participants, postage and handling charges wi1[ apply. The Participant shall be responsible for paying for any prescriptions obtained while using the identification card. 1.7 Ciinieal Services and Drug Utilization Review ( "DUR "). a. Clinical Services. Caremark may provide to Member County its member compliance programs and other programs designed to ensure proper drug utilization and encourage the use of cost - effective medications. These programs may include mailings to Participants with active prescriptions for targeted drug products or drug classes or to let Participants know that they may qualify for participation in a clinical trial program. Such 1 Vol. S Pg °- rnailings may include Participant and drug specific information andlor general educational material. Participants, by notith Caremark, may opt -out of such programs. b. DUR Services. Caremark will provide its automated concurrent DUR Services for Claims. The information generated in connection with DUR Services is intended as an economical supplement to, and not as a substitute for, the knowledge, expertise, skill, and jud of physicians, pharmacists or other health care providers in providing patient care. Providers are individually responsible for acting or not acting upon information generated and transmitted through the DUR Services, and for performing services in each jurisdiction consistent with the scope of their licenses. Notwithstanding anything set forth in this Agreement, Caremark will have no obligation to acquire information concerning any Participant beyond the information that is included in Caremark's eligibility records or the Claims submitted by Participating Pharmacies in connection with the Consumer Card Program. 1.8 Formulary Services. Caremark will administer an open formulary for the provide certain Services that are designed to provide useful clinical infottttation to physicians (the " Member County ill County and and will Services "). Caremark may make changes to the Formulary Services described in this Agreement from time F time, and will notify Member County and Customer of any material changes to any formulary management programs. In all cases, the prescribing physician shall have final authority uver the drug that is prescribed to the Participant. a• Customer's Authorization. Customer authorizes Caremark to contract as a group purchasing organization for Customer with pharmaceutical companies for Rebates. Customer acknowledges that whether and to what extent pharmaceutical companies are willing to provide Rebates to Customer may depend upon a varier of factors, including the content of any drug list adopted by Customer, the plan's design features and participating in Caremark' drug list management programs, as well as Caremark receiving sufficient information regarding each Claim chat is submitted to pharmaceutical companies for Rebates. b. Disclosure of Manufacturer Fees. In accordance with Section 1.8(a) of this Agreement, remark or its affili reement, Caremark may hold contracts with certain pharmaceutical companies relating to products covered under this Agreement. The parties agree that Caremark shall retain one hundred percent (100 %) of the Rebates as reasonable compensation for its services under this Agreement. in connection with such contracts, Caremark or its affiliates may have a financial relationship with such pharmaceutical companies and may receive and retain fees or other compensation from pharmaceutical companies for services rendered and Property provided to pharmaceutical companies, includi between one percent (1 ng, without limitation, administrative fees that range (1 and four percent (d' %) of the Wholesale Acquisition Cost ( "WAC ") of the products dispensed across Caremark's book of business. In addition, Caremark or its affiliates may receive concurrent or retrospective discounts or Rebates from pharmaceutical companies which are attributable to or based on products purchased by Caremark affiliated dispensing pharmacies. The term "Rebates" as used in this Agreement does not include the fees, compensat and concurrent or retrospective discounts associated with the purchase price of products described in this Section 1.3, which belong exclusive]; to Caremark or its affiliates. �h all Laws applicable tto t a sponsorrof the n Services or as otherwise consistent I w thCs obligations under this Agreement. d• Additional Participant Discounts. Caremark may provide a program that will provide Participants with additional manufacturer discounts on certain drugs at the point of sale. From time to t Caremark may revise the list of drugs that have additional participant discounts. The current drugs on list of which Participants may mar receive additional discounts is available upon request. Caremark will timely notify Member County and Customer of any revisions to this list of drugs. 1.9 Management Reports. Caremark will provide Member County and Customer with Caremark's standard management reports in connection wit Caremark's discretion, h the Services, which reports may change from time to time at Member County• and Customer may elect to receive a reasonable management reports made available by Caremark. number of the standard 2 V® / ' 7 �Pg. 1.10 Mail Service Program. Caremark may provide to Member County mail order pharmacy services through its mail order pharmacy facilities. For the duration of this Agreement, :Member County agrees that it will offer only Caremark mail order pharmacy services for its Panir_pants covered under this Agreement, as further described below. Caremark shall till prescriptions for Participants and shall mail such drugs or medications to such Participants subject to the following terms and conditions: a. Distribution o€ Information. Caremark shall provide Participants with is standard informational material explaining the mail service and the forms necessary for Participants to utilize mail service. Participants will have toll -free telephone access to a pharmacist and customer srrvice representative. Access to a pharmacist will be available 24 hours per day, seven days per week. b. Delivery and Dispensing. Caremark shall dispense through its mail service pharmacy new or refill prescription orders upon receipt from a Participant of (i) a valid prescription order or a completed refill order form and (ii) the applicable payment. Caremark shall cause the filled prescriptions to be mailed to each Participant via common carrier at the address appearing on the face of the prescription so long as such addresses are in the United States. Caremark shall not be liable to Member County, Customer or Participant for any delay in delivery resulting from circumstances beyond Caremark's control as set forth in Section 6?. Caremark's mail order pharmacies may dispense drugs even if the prescription is not accompanied by the correct amount however, Member County and Customer acknowledge and agree that Caremark may refuse to fill any prescription that is either not accompanied by the correct amount and/or for any Participant who has an unpaid balance with Caremark. 1.11 Preferred Drug Program. Caremark and the retail Participating Pharmacies will work together to encourage the use of Preferred Drues by (i) identifying appropriate opportunities for converting a prescription from a non - Preferred Dnrg to a Preferred and (ii) contacting the Participant and the prescriber to request that the prescription be changed to the Preferred Drug. A Preferred Drug is one on the Performance Drug List, which has been developed by Caremark as a clinically appropriate and economically advantageous subset of the Caremark Formular as revised by Caremark from time to time. 1.12 Specialty Pharmacy. Caremark's specialty pharmacy service will be provided by a Caremark specialty pharmacy entity or its affiliate ( "`Caremark SpecialtyRx" ), and offers a distribution channel for certain pharmaceutical products that are generally biotechnological in nature, are given by injection, or otherwise require special handling ("Specialty Medications "). ` Caremark SpecialtyRx shall provide prescription fulfillment and distribution of Specialty Medications and supplies, pharmaceutical care management services, as well as the types of Service that Member County receives under this Agreement, including but not limited to custom services, utilization and clinical mans- ement, integrated reporting and Claims processing ( "SpecialtyRx Services"). ` Caremark SpecialtyRx may receive prescriptions from Participants through an affiliated Caremark mail facility or dir;c.t:v via the 1.'.S. Mail or commercial carrier at the address specified by Caremark from time to time and may ' also receive prescriptions from physician, by fax or by U.S. Maii: commercial carrier. in accordance with the Consumer Card Program, Caremark Specialt-, x shall dispense Covered Items in accordance with those prescriptions and mail the Covered Items to Participants at the designated address, so long as such address is located within the United States. Caremark SpecialtyRx may not dispense drugs to Participants who fail to submit the correct payment with their prescription. Caremark SpecialtyRx pharmaceutical care management services include but may not be limited to: (1) patient profiling focusing on the appropriateness of Specialty Medication therapy and care and the prevention of dru�,-drug interactions; (2) patient education materials; and (.i) disease management and compliance programs with respect to Specialty Medications. As part of these services Participants will be asked to participate in various survevs, 3 � Vol. Pg. Caremark will provide Member County and Customer with a list of the Specialty Medications and their corresponding rates (which may vary from ?network Rates) upon request. Routine Supplies (needles, syringes, alcohol swabs) in a sufficient quantity will be included at no additional expense. 2. FEES AND PAYMENT. a. Fees. The parties agree that, in lieu of billing Member County a "Per Claim" fee for Services, Caremark shall retain 100% of the Rebates as reasonable compensation for the Services. Customer and Member County understand and agree that neither they nor any Participant will share in the Rebate monies collected from Manufacturers by Caremark. b. Remedies. Additional services may be mutualiy agreed -upon by the parties, and the associated fees for such services, if any. will be identified in Exhibit A as reasonable compensation. In the event any such fees apply and Member County or Customer fails to pay Caremark by the due date any amount owing, Caremark, after making a reasonable effort to collect and upon notice to such Member County or Customer may, in addition to its remedies under this Agreement, at Law or in equity, do any or all of the following: (i) suspend per of any or all of Caremark's obligations under or In connection with this Agreement with respect to such Member County or Customer, including Caremark's obligation to process Claims or (ii) set off against any amounts payable to such Member County or Customer by any amounts due Caremark from such Member Cotutty or Customer, C. Pricing Changes. After the Initial Term of this Agreement, as set forth in Section 7.a, Caremark may change the fees applicable to the Consumer Card Program. Caremark will give Customer sixty days' written notice of any change, and such change w•iil lake effect on the first day of the month following the sixty -day notice period. Customer may object to an increase in fees by providing written notice to Caremark at least thirty days before the expiration of the sixty -day notice period. If the parties cannot agree on an appropriate fee, this Agreement will terminate at the end of the sixty -day notice period. If Customer does not timely object, Customer will have no right to terminate this Agreement based on the pricing change. 3. CUSTOMER AND MEMBER COUNTY OBLIGATIONS. a. Marketing Materials. The parties agree to use only those marketing brochures and other advertising materials pertaining to Customer's Consumer Card Program (in any medium, including, but not limited to, written communications, verbal communications and web based marketing) that have been approved by the other. Member County and Customer further an that they will communicate such requirements to its clients or groups and will ensure that such clients or groups comply with the requirements of this Section 3.a. Caremark may terminate this Agreatnent immediately in the event !Member County or Customer fails to comply with the provisions of this Section 3.a. Caremark will provide its standard marketing brochures, advertising materials and mail order forms, as applicable, to Member County at no cost. Caremark will work with and support each ,Member County in marketing the Consumer Card Program at no cost. If the cost associated with providing such materials is determined by Caremark to be unreasonable or excessive, Member County shall pay for the costs of the materials at a rate to be mutually agreed to by the parties in writing. If Mmber County el to use customized brochures or advertising materials (in any medium, including but not limited to written communications, verbal communications and web based marketing), Member County will (i) obtain Caremark's approval on such forms, and (ii) pay a reasonable charge as established by Caremark, for such materials if created or provided by Caremark. 3.2 Support of Consumer Card Program. Customer will recommend and support the Consumer Card Program in accordance with the terms of this Agreement. 4. USE OF AND ACCESS TO INFORMATION. a. Use of Deidentifred Data, Claims, as well as eligibility information which is deidentifed in accordance with HIPAA and other applicable law, and which is not identifiable on a Customer or Plan Participant basis, may be used, disclosed, reproduced, adapted or sold by Caremark. Such deidentified data may be provided to nationally recognized data integration firms to support appropriate administration of Caremark's dru- management programs. 4 VOL / 5 7 Pg. `5- This benchmarking data enables Caremark to compare against other drug population sets and improve programs and Services for clients. b. Right to Audit Rebates. Customer, at its sole expense, may audit a reasonable sample of records directly related to Customer's Rebates once in each twelve -month period (following sixty (60) days written notice to Caremark). Such records shall be limited to information necessary for validating the accuracy of the Rebate amounts distributed to Member County by Caremark. The parties agree that an independent third-parry party audiwr agreeable to Customer and Caremark shall conduct such audit, and that such firm will sip a Caremark confidentiality agreement ensuring that all details and terms of all Manufacturer Rebate contracts with Caremark (except the total aggregate l amount due to Customer) will be treated as confidential to Caremark and will not be revealed in any manner or form by or to any person or entity. Furthermore, such audit shall be conducted at Caremark's office where such records are located, during normal business hours, without undue interference with business activities, and in accordance with reasonable audit procedures. 5. CONFIDENTIALITY AND INTELLECTUAL PROPERTY. a. Confidential and Proprietary Information. In connection with this Agreement, each party may disclose to the other party certain proprietary or confidential technical and business information, databases, trade secrets, and innovations belonging to the disclosing party ("Confidential Information''), the value of which might be lost if the proprietary nature or confidentiality of such Confidential Information is not maintained. For the purposes of this Section, the contents of this Agreement and of any exhibits, amendments, or addenda attached hereto are deemed Confidential Information. Furthermore, any work, compilation, processes or inventions developed by Caremark, Member County or Customer, or their respective agents, employees or contractors, is deemed Confidential Information of such party under this Agreement. Notwithstanding the foregoing, Confidential Information may be disclosed by Member County in response to a request made pursuant to the Member County's applicable state Public Records Law, insofar as disclosure is required by that Law. Member County shall provide Caremark with (i) notice of its intent to disclose Confidential Information and (ii) an opportunity for Caremark to object to such disclosure in accordance with Law. b. lion- Disclosure of Confidential Information. The parties will not (except to the extent expressly authorized by this Agreement) disclose Confidential Information of any other to anyone outside of Caremark, Member County or Customer, nor will they copy or reproduce any Confidential Information of another unless express authorized to do so by such patty in writing. Each party will disclose Confidential Information of another only to its employees who have a need to know the Confidential Information in order to accomplish the purpose of this Agreement and who (i) have been informed of the confidential and proprietary nature of the Confidential Information, and (ii) have agreed not to disclose it to others. in order to preserve and protect the confidential or proprietary nature of any Confidential Information and to prevent it from falling into the public domain or into the possession of persons not bound to maintain its confidentiality, each parr will handle the Confidential Information of any other party with the same degree of care that it applies with respect to its own information that it considers as confidential and proprietary, but in no event with less than reasonable care. C. Exceptions and Permitted Disclosures. The receiving party of Confidential Information will not be liable for any disclosure or use of Confidential Information which is publicly available or iater becomes publicly available other than through a breach of this Agreement, or if the Confidential Information is shown b written documentation to be known to the receiving parry on the date of execution of this Agreement, having been received from a source (other than a party to this Agreement) that had the right to disclose the Confidential Information. d. Subpoena. Confidential Information may be disclosed pursuant to a bona fide subpoena if the party receiving the bona Tide subpoena has given the other party prompt written notice of receipt of the subpoena so that the other party can object or otherwise intervene as it deems proper. e. Return or Destruction of Information. All Confidential Information will remain the property of the disclosing party, and the receiving party will return all written or tangible materials, and all copies thereof, upon request of the disclosing party. If and to the extent feasible, upon termination of this Ag eement, Caremark will destrov or will return to Member County or Customer all PHI obtained pursuant to this Agreement and shall retain no copies 'thereof, provided however, that if such return or destruction is not reasonably feasible, the provisions of Section 4 of this Vol. Pg. Agreement shall continue to apply to such information after the termination hereof. f. Proprietary to Caremark. Member County and Customer acknowled that the Formulary is proprietary to Caremark. Further, aJI Caremark databases, as well as the software. and logic used to , hard codingg generate the compilations of information contained in Caremark's Claims adjudication developed by Caremark system and all other databases , or its designees ir_ connection with performing Services including identifiers assigned by Caremark, and the format of all reports, printouts, and copies there from, and any prior and future versions thereof by any name, are the property of Caremark and are protected by copyright which shall be owned by Caremark. 9. Tradenames; Trademarks; and Service darks. None of the parties hereto may use any tradenames, trademarks or service marks of another, or any word or symbol likely to be confused with such tradenames, trademarks or service marks, unless authorized in writing or as expressly permitted by this Agreement. I?. Remedies. Any unauthorized disclosure or use of Confidential Information would cause Caremark, Member County or Customer immediate and irreparable injury or loss that cannot be adequately compensated with money damages. Accordingly, if any party hereto fails to comply with this Section S, the other(s) will be entitled to specific performance including immediate issuance of a temporary restraining order or preliminary injunction enforcing this Agreement, and to judgment for damages (including reasonable attorneys' fees) caused by the breach, and to any other remedies provided by Law, 6. LIMITATION OF LIABILITY; COMPLIANCE WITH LAW, 3. Warranty. This Agreement is not a contract for the sale of goods. Caremark will perform Services in a good and workmanlike manner in accordance with the customs, p the ractices, and standards skilled in the industry. EXCEPT AS 14'ARR4NTED IN THIS SECTION of pro vi rs 6.a, CARE,NIARK DISCLAIMS ALL EXPRESS AND ALL INIPLIED WARRANTIES OF ANY KIND, INCLUDING THE SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE DATA GENEILNTED THROUGIi THE CAREMARK SYSTEM. CARE MARK RELIES ON FIRST DATABANK, MEDI- SPAN, OR INDUSTRY COMPARABLE DATABASES IN PROVIDING CUSTOMER, MEMBER COUNTY AND PARTICIPANTS WITH DRUG UTILIZATION REVIEW SERVICES. N CAREMARK. HAS UTILIZED DUE DILIGENCE IN COLLECTING AND REPORTING THE IFORMATION CONTAIN E-1) IN THE DATABASES AND HAS OBTAINED SUCH INFORViA1'iON' FROM SOURCES BELIEVED TO BE RE CAREMARK, HOtkEVER, DOES NOT WARRANT THE ACCI.R.,ACY OF REPORTS, ALERTS, CODES, PRICES, OR OTHER DATA CONTAINED IA1 THE DATABASES. TBE CLINICAL INFOR-N1AT10N CONTAINED IN THE DATABASES AND THE FORINfULARY IS INTENDED AS A SUPPLEMENT Tt), AND NOT A SUBSTITUTE FOR, THE KNOWT,EDGE•, EXPERTISE, SKILL, AND R;DGhIENT OF PHYSICIANS, PULARTAACISTS, OR OTHER HEALTH -CARE PROFESSIONALS INVOLVED IN PARTICIPANT'S CARE, THE ABSENCE OF A WARNING FOR. A GIVEN DRUG OR DRUG COMBINATION SHALL NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION IS SAFE, APPROPRIATE OR EFFECTIVE FOR ANY PARTICIPANT. CARE-MARK DOES Iv'OT WARRANT THAT ITS SERVICES WII..L BE UNINTERRUPTED OR ERROR FREE. b, Force Majeure. Except for the payment obligations set forth in Section 2 of this Agreement, the parties are excused from performance under this Agreement to the extent that a party is prevented from performing any obligation, in whole or in part, as a result of causes beyond its reasonable control, including, acts of God, war, civil disturbance, court order governmental intervention, Change in Law, nonperformance by the other party or any third party, failures or fluctuations in electrical power, heat, light, air conditioning, or telecommunications equipment' nonperformance under this Section 5.b will not constitute a default or a ground for termination of this Agreement. e. Indemnity. To the extent permined by applicable Law applicable to Customer and each Member County Customer and Member County shall indemnify and hold harmless Caremark and its officers, directors, employees, agents, successors, and assigns (` Indemnitees') for, from and against any damages, costs, or attorney's fees, actually incurred by Caremark or a Caremark Indemnitee, as the result o Customer or Member Count f a third part} claim that Count) its officers, directors, employees, agents, successors, or assigns acted with negligence, willfully, and/or in violation of applicable standards or care, provided that the Caremark Indemmitee has acted in a manner that is consistent with this Agreement, the Consumer Card Program and applicable standards of care. The foregoing indemnification shall not apply and shall not be enforceable to the extent any applicable Law prohibits a VOL " Member County from providing such indemnifcation. To the extent permitted by applicable Law, Caremark shall indemnify and hold harmless Member County, Customer and their officers, directors, employees, agents, successors, and assigns (collectively "Customer Indemnitees ,, ) for, from and against any damages, costs, or attorney's fees, actually incurred by any Customer Indemnitee, as the result of a third party claim that Caremark, its officer; employees, agent,, successors, or assigns acted with negligence, willfully and/or in violation of applicable standards Of care, provided that the Customer Indemnitee has acted in a manner that is consistent with this Agreement, the Consumer Card Program and applicable standards of care. However, nothing in this Agreement is to be construed as a waiver of governmental immunity as offer °d by the court or state law. d. Compliance with Law. Customer and Member County will comply with all Laws applicable to its prescription drug benefit plan including without limitation insurance licensing, antitrust, consumer protection, and any other Laws that may apply. Caremark has no responsibility to advise Member County or Customer about the applicability of or compliance with any applicable Law including, without limitation, HIPAA, the Employee Retirement Income Security Act, or the Americans with Disabilities Act. Caremark will comply with all Laws applicable to it and to the Services it provides under this Agreement. Member County and Customer have no responsibility- to advise Caremark regarding its compliance with am applicable Law_ Effective as of September 8, 2005, each party certifies that it shall not violate the federal anti- kickback statute, set forth at 42 U.S.C. y 1320a -7b(b) ( "Anti- Kickback Statute "), or the federal "Stark Law," set forth at 42 U.S.C. § 1395nn ( "Stark Law "), with respect to the performance of its obligations under this Agreement. Further, Caremark shall ensure that individuals meeting the definition of "Covered Persons" (as such term is defined in the Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and AdvancePCS) shall comply with Caremark's Compliance Program, including training related to the Anti - Kickback Statute and the Stark Law. In addition, Caremark's Code of Conduct and policies and procedures on the Anti- Kickback Statute and Stark Law may be accessed at h[tn :: "ixww.caremartc corlivt-ps %aortal' s 15i /3370 °e =C NIS -2- _ 00776.1 e. Change in Law. The parties will attempt to equitably adjust the terms of this Agreement to take into account any Change in Law or any material change in drug industry practice that materially alters the rights or obligations of either party under this Agreement. If the parties are unable to agree upon an equitable adjustment within sixty days after either party notifies the other of suc`t a Change in Law or material change in drug industn practice, this Agreement will automatically terminate. L Limitations, In no event shall either party be liable to the other party, nor shall Caremark be liable to any Participant for any indirect, special, or consequential damages or lost profits, arising out o€ or related to profits. performance of this Agreement or a breach of this Agreement, eN en if advised of the possibility of such damages or lost Caremark (and its affiliates, directors, employees, agents, successors or assigns) will not be liable for any claim which is asserted by Nlcmber County or Customer more than ninety days after Member County or Customer is or reasonably should have been aware of such claim., and will in no event be liable for any claim which is asserted more than twelve months after the event resulting in damages or loss. Caremark does not direct or exercise any control over the professional judgment exercised by any pharmacist in dispensing prescriptions or otherwise providing pharmaceutical related services at a Participating Pharmacy. Participating Pharmacies are independent contractors, not subcontractors or agents of Caremark, and Caremark shall have no liability to lvlember County or Customer for a claim arising out of any act or omission of any Participating Pharmacy or its agents or employees. Caremark shall be entitled to rely on First Data Bank. Medi -Span or any other nationally available reporting service of pharmaceutical prices selected by Caremark to determine AWP for purposes of establishing the pricing -provided to Customer under this Agreement.. Customer acknowledges that Caremark does not establish AWP, and Caremark shall have no liability to Customer arising from the use of First DataBank, Medi -Span or any other nationally available reporting service. Customer acknowledges that if the reporting source for determining Customer's AhIP should not continue to support AAT, Customer shall cooperate with Caremark to negotiate the pricing hereunder to maintain the parties' respective economic position under this Agreement as of the Effective Date. Vol. ' v t Pg. TERII AND TERMINATION OF AGREEMENT, a. Term. This Agreement is for an initial term of five years from the Effective pate, through December 31, 2016 (the `Initial Term "), and will automatically continue in effect for successive one year terms thereafter, subject to the remaining provisions of this Section. b. Termination. This Agreement may be terminated as follows: a. By any parry, with or without cause, at the end of the Initial Term or any renewal term, by Rivin written notice to the others at least 60 days prior to the end of such Initial Term or renewal term; b. Automatically, if the parties are unable to agree on an equitable adjustment under Section 6.e of this Agreement; C. By any party if another materially defaults in its performance of this Ageement and such default continues without cure for a period of sixty days after the terminating party provides written notice to the defaulting parry speci ying the nature of the default; d. By any parry, at its option, if any court, or governmental or regulatory agency issues to another party an order or finding of impairment or insolvency, or an order to cease and desist from writing business. The party receiving notice of an order or finding must provide the others written notice within two business days of receipt; e. By any parry if another party: (i) makes an assignment for the bereft of creditors; (ii) has a petition filed (whether voluntary or involuntary) under Title 1 I of the united States Code, or any otter similar statute now or hereafter in effect; (iii) has a receiver, custodian, conservator, or trustee appoin or ted with respect to alt or a substantial pan of its property; or (iv) has a proceeding commenced against it which substantially impairs performance hereunder: L By Caremark, immediately on written. notice to Member County or Customer, if (i) eith r e fails to comply with thr provisions of Section 3.a of this Agreement, or (ii) Caremark determines, in its sole discretion that Member County or Customer's program may not fully comply with all applicable Laws. 7.3 Effect of Termination and Survival. Sections 4, 5 and 6 of this Agreement, and obligations arising under this Agreement prior to the effective date of anv termination, will survive termination. 8. NOTICES. All notices under this Agreement must be in writing, delivered in person, sent by certified mail, delivered by air courier, or transmitted by facsimile and confirmed in writing (bv air courier or certified mail) to a party at the facsimile number and address shown in this Agreement. A party may notify the other party of any changes in the listed address or facsimile number in accordance with the provisions of th is Section. All notices are effective upon receipt. Notices to Caremark must be addressed as follows: Vice President, Client Contract Services Caremark Inc. 2211 Sanders Road, NBT9 Northbrook, IL 60062 Fax No.: 847 -559 -4302 With a copy to: Managing Counsel, Client and Account Services 8 VOL 15 �g. Caremark Inc. 2211 Sanders Road, NB'I'9 Northbrook, IL 60062 Fax No.: 847 - 559 -4879 Not;ces to Customer trust be addressed as foilows: National Association of counties 25 Massachusetts Avenue, NW Suite 4500 Washington, DC 20001 Attn: Mr. Andrew Goldschmidt, Director, Membership 14farketing Fax No.: (202) 393 -2630 9. MISCELLANEOUS. a• Entire Agreement; Interpretation; Amendment; Counterparts. This Agreement (including exhibits, schedules, attachments, or any addendum to this Agreement) constitutes the entire understanding and obligation of the parties with respect to the Services and supersedes any prior agreements, wtirings, or understandings, whether oral or written. The headings in this Agreement are used only for convenience of reference and do not affect the meaning or interpretation of an provision. The parties may amend this Agreement only through a properly executed writing authorized by both parties. This Agreement may be executed in several counterparts, all of which taken together constitute a single agreement between the parties. b. Binding Effect; Assignment. 'this Agreement is binding on the parties and their respective successors and permitted assigns. None of the parties may assign this Agreement, in whole or in part, without the prior written consent of the others (which consent will not be unreasonably withheld); except that Caremark may assign this Agreement, in whole or in part, to any entity that controls, is controlled by, or is under common control with Caremark. C. Independent Contractor; Third Parties. The parties to this Agreement are independent contractors, and have no other legal relationship under or in connection with this A- eement. No term or provision of this Agreement is for the benefit of any person who is not a party hereto (including, without limitation, any Participant or broker), and no such party will have any right or cause ofaction hereunder. y d. Waivers. Any failure by a party to comply with any covenant, agreement, or condition herein or in any other agreements or instruments executed and delivered hereunder may be waived in writing by the party in whose favor such obligation or condition tuns; except that failure to insist upon strict compliance with any such covenant, agreement, or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure_ e. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement ill remain in full fierce and effect and will be interpreted as illough such invalid or illegal provision were riot a part of this Agreement. 1'he remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party', anticipated benefits. f. Enforcement Costs. If any parry hereto institutes an action or proceeding to enforce any rights arising under this Agreement, the party prevailing in such action or proceeding will be paid all reasonable attorneys' fees and costs to enforce such rights by the other party, such fees and costs to be set by the court, not by a jury, and to be included in the judgment entered in such proceeding. g. Authority. Each party represents and warrants that it has the necessary power and authority to enter into this Agreement and to consummate the transactions contemplated by this Agreement. h. Exclusivity. Member County and Customer hereby grant Caremark during the term of this Agreement, and any renewals hereof, the exclusive right to provide a Consumer Card Program to Member County and Customer. This exclusive ri -ht is solely applicable to Participants designated by Member County as eligible for the Eel Vol. 1 "' Member County's discount consumer card program and shall not affect any other benefits or programs provided to Participants by Member County. Member County and Customer ftuther agree that, during the teen of this Agreement and any renewals hereof, it will not negotiate, contract, or agree with any drug manufacturer for the purpose of obtaining Rebates or other discounts at to Participants under this Agreement. Member County and Customer also agree to cancel any existing agreements or contracts with any drub manufacturers related to such drug Rebates or discounts as of the Effective Date of this Agreement. In the event of a breach of this Section by Member County or Customer, Caremark may terminate this Agreement. By entering into this Agreement, Customer does not endorse, and Caremark will not represent Customer's endorsement of any other programs or services which Caremark may offer to a Member County or Participant. L Drug Classification and Pricing. Caremark shall use the indicators of Medi -Span Master Drug Database (Medi- Span), and their associated files, as updated regularly by Medi -Span, or another nation al3y available reportin service of pharmaceutical drug information in detenninino the classification of drugs (e.g. legend ,s. over the counter, brand vs. generic, single - source vs. multi-source) for purposes of this Agreement. j. Customer - Specific Programming. Upon request by the Customer for services or changes to Services that require customized programming or systems work, Caremark will estimate the time and cost for completion of such work. If Customer authorizes Caremark to perform such work, it will pay Caremark the cost of performing such work at the established programming rate. k. Pricing Assumptions. In addition to any pricing assumptions set forth in any pricing implementation or similar document that is executed by Customer: (a) Upon thirty (30) days prior written notice to Customer, Caremark may modif} or amend the financial provisions in this Agrcement in a manner which accounts for the impact of the events identified below. Such notice will include Caremark's explanation of the manner in which the modification accounts for the impact of the event: I. Any government imposed or industry wide change that would impede Caremark's ability to provide the pricing described in this Agreement, including any prohibition or restriction on the ability to receive Rebates or discounts for pharmaceutical products; or ? A change in any of the pricing assumptions set forth in this Agreement, including, Exhibit A. (b) Pricing Benchmarks The parties acknowledge that the pricing indices historically used by Caremark are the basis for the financial offer of this Agreement and are outside the control of the parties. In the event First Data.Bank, Medi -Span or other rationally available AWT reporting source discontinues the reporting of AWP or changes the manner in which A�k'P is calculated prior to the Effective Date, or during the Term, then Caremark reserves the right to modify the pricing terns of this Agreement, to be effective as of the Effective Date or such later effective date of such discontinuation or change, so as to maintain the parties' relative economic positions as existed immediately before the effective date of such discontinuation in reporting or change in tl.e calculation of AIX-P, as measured across all products on an aggregate basis. Such modifications may include, without limitation, the adjustment of AWP to the methodology relied on by such reporring source prior to such modification of AWP methodology, the adjustment of the AWP discount, or the utilization of alternate pricing benchmarks. 10. DEFLti1TIOstiS. The following terms and phrases, when capitalized, have the meanings set forth below. a. - A�i'P" means the "average -Wholesale price" for a standard package size of a prescription drug from t'ne most current pricing information provided to Caremark by Fi DataBank *, Medi -Span Prescription Pricing Guide (with supplements), or following notice to Client, any other nationally available reporting service of pharmaceutical prices as utilized by Caremark as a pricing source for prescription drug pricing. The standard package size applicable to a mail service pharmacy shall mean one hundred (100) units (i.e., pills, tablets, capsules, etc.), unless only a smaller package size is available from the manufacturer, or the actual package size dispensed for liquids and topical treatments. The standard package size applicable to a Participating Pharmacy shall be the actual package size dispensed from a Participating Pharmacy as reported by such Participating Pharmacy to Caremark. i0 Vol. Pg- b. "Change in Law" means any (i) change in or adoption of any Law, (ii) change in the judicial or administrative interpretation of any Law, or (iii) change in the enforcement of any LaNv, occurring after the date Customer is implemented or the Effective Date, whichever is earlier. C. "Claim(s)" mean those claims processed through the Caremark on -line claims adjudication system or otherwise transmitted or processed in accordance with the terms of this Agreement in connection with the Consumer Card Program. d. "Covered Items" mean the prescription drug benefits for which Participants are eligible pursuant to Member County's drug benefit plan. e. "Law" means any federal, state, local or other constitution, charter, act, statute, law, ordinance, code rule, regulation, order, specified standrds or objective criteria contained in any applicable permit or approval, or other legislative or administrative action of the United States of America, or any state or any agency, department, authority, political subdivision or other instrumentality thereof or a decree or judgment or order of a court. L ",Manufacturer" means a pharmaceutical company that has contracted with Caremark (or its affiliate or agent) to offer discounts for pharmaceutical products in connection with Caremark's Formulary Services. g. "Maximum Allowable Cost (NMAC)" means the unit price that has been established by Caremark for a multi - source drug (i.e., a drug with more than Two sources) included on the MAC drug list applicable to Customer, which list may be amended from time to time by Caremark in maintaining its generic pricing program. Customer ackmowledges that the MAC list applicable to Client is not the same as the MAC list published by the Centers for Medicare and Medicaid Services (formerly known as the Health Care Financing Administration, or "HCFA yIAC "). A copy of such MAC drug list shall be provided to Customer prior to execution of this Agreement and thereafter upon Customer's reasonable request. h. "Participant" means an individual designated by Member County as eligible for Covered items under the terms of the Consumer Card Program. i. "Participating Pharmacy" means a pharmacy that has agreed to provide certain pharmacy services to Participants in accordance with the terms of its agreement with Caremark. A list of Participating Pharmacies can be accessed via Caremark's Internet website, which is subject to change from time to time. i. "Rebate(s)" means, for any period, all rebates, reimbursements, or other discounts received under a pharmaceutical manufacturer's discount program with respect to pharmaceutical products dispensed to a Participant under the Consumer Card Program for such period. Vol. IN WITNESS WHEREOF. the parties have caused this Agreement to be executed by their respective duly authorized officers or agents as of the date first above written. NATIONAL ASSOCIATION OF COUNTIES By: Title: XP s awr D . Z D —1 / -- - CAREMARKPCS HEALTH, L.L.C. Date: 12 VOl.� ��. EYHIBIT A EXHIBIT A National Association of Counties Effective January 1, 2012. Subject to the terms and conditions of this Agreement, Program Participants utilizing the Program shall receive from the Participating Pharmacies the discounts set forth below. Customer Specific Programming or additional services not identified herein will be quoted upon Customer request. Program Participants will receive an average 22% discount on their prescription drug transactions when prescriptions are purchased at a Participating retail pharmacy, a Caremark Mail or a Caremark SpeciaityRx pharmacy as compared to the pharmacy's aggregate usual and customary price (the cash paying customer price). Program Participants will not pay more for a prescription drug transaction by using the Program. There will be prescription drug transactions under this program that will be priced at the pharmacy's usual and customary price when that price is equal to or more favorable to their contractual discount rate with Caremark, Prices may vary in certain areas for reasons such as local legal requirements, geographic location, specialized manufacturer processes, limited availability, extraordinary shipping requirements or other factors beyond Caremark's control. Participating Pharmacies shall collect from the Program Participant ail applicable taxes for covered items, and Caremark is not liable for the payment of applicable taxes. Caremark does not guarantee Participant savings; the estimate set forth above is based upon anticipated pharmacy network performance_ All claims may be aggregated for purposes of determining the actual average discount rate. Actual discount rates may vary by drug, Participating Pharmacy, Caremark Mail Pharmacy and Caremark SpecialtyRx Pharmacy. Certain retail mail, and Specialty claims may be excluded from these rates, including but not limited to Claims for select injectable drugs and select oral drugs that are bio- technical in nature, compound drugs, and those requiring special handling. 13 von. 1 4 d, EXHIBIT B EXHIBIT B CARE- IARKPCS HEALT 11, L.L.C. NATIONAL ASSOCIATION OF COUNTIES MANAGED PHAR)VIACY BENEFIT SERVICES AGREENTENT FOR MEMBER COUNTY This Managed Pharmacy Benefit Services Agreement for Member County effective ria 1 is entered inA by and between CaremarkPCS Health, L.L.C. ( "Caremark ") and J 1Cf - 1 - - 7 45 _L ( "Member Coun t "). Reference is hereby made to the Managed Pharmacy Benefit Servic Agreement Consumer Card Program dated as of January 1, 2012 (the "Agreement ") among National Association of Counties ( "Customer "), I lember County, and Caremark under which Customer has engaged Caremark to provide services to prescription drug plans for Customer and its Member Counties ( "Services "). MEMBER COLT TY does hereby agree to be bound by, and to assume and perform, each and all of the terms, covenants and conditions of the Agreement as Member County (as defined in the Agreement) in the same manner and to the same extent as if it were a party thereto. .Member County acknowledges and agrees that Customer and Caremark may amend all or any portion of the Agreement, and Member County hereby ag:rees to be bound by any such amendment, except with respect to Term. The Term of Services for Member County shall begin on the effective date above and, so long as the Agreement is in effect, shall continue for a period of three years ( "Initial Member County Term "). The Term of Service shall thereafter automatically renew, so long as the Agreement is in effect, for successive one -year terms, unless Member County notifies Caremark and Customer of Member County's intent not to renew at least sixty (60) days prior to the end of the initial Member County Term, or any renewal Term. Customer shall give Member County reasonable notice prior to the effective date of any non -Term amendment between Customer and Caremark. If such non -Tenn amendment is adverse to Member County or its Participants, Member County may, within ninety (90) days of receiving such notice from Customer, terminate its participation in the Agreement by giving prior i +ritten notice to Customer and Caremark. Customer and Caremark, by their signatures hereto, accept and agree to Member County's participation with the Agreement under the terms and conditions of the Agreement. By signing this Managed Pharmacy Benefit Services Agreement for Member County, Member County acknowledges and agrees that the terms of the Agreement have been completely read, fully understood and voluntarily accepted and further agrees to be bound thereby. NATIONAL ASSOCIATION OF COUN'riES CAREMARKPCS HEALTH, L.L.C. By: -.. By: Title: Title Date: ..._ Date: IME_MBER COUNTY [Coun Name] f By: Title: (,t c Date: la Vol. �-,; 7 Pg.- RIDER 1 With respect to $tA?,05 County`s participation in the Consumer Card Program, the parties intend and agree to revise the terms of the Agreement as follows: 1 The following is added as a new Section 1.8.e of the Agreement: Transaction Revenue Sharing Fee. For each retail Claim processed by Caremark during the term of this Agreement on which a transaction fee is collected by the Participating Pharmacy, Caremark shall pay to Member County the Transaction Revenue Sharing Fee of 51.00. Transaction Revenue Sharing Fees are due and payable no later than 60 days following the end of each calendar quarter. Transaction Revenue Sharing Fee checks shall be accompanied by a summary report prepared by Caremark setting forth the calculation of the Transaction Revenue Sharing Fees. It is the intention of the parties that, for purposes of the Federal Anti- Kickback Statute and any required government reporting, this fee shall constitute and shall be treated by Member County as a discount against the price of drugs within the meaning of 42 U.S.C, 1320a 7b (b)(3)(A), if applicable. Accepted and Agreed: MEMBER COUNTY: VOL 167 p E LF Date: C) "- I ~ j o). Case Ift ta S V �< 3 Prepared and Submitted By: AMCAD 220 Spring Street Suite 150 Herndon, VA 20170 tsO "CAD recnnoi09V • Innovos,on. • Prog"s Brazos County, TX Comprehensive Integrated Justice Information Management System Test Plan Version 2.0 Vol. I G 7 Pg. "+S Brazos County, TX Comprehensive Integrated Justice Information Management System Document Revisions Ver. # Date 0.1 01 /04/2012 1.0 01/20/2012 1.1 01/31/2012 2.0 102101 Editor Descr iption of Change Steve Pontius I Documen Created Steve Pontius Document Submitted for Review Steve Pontius Document Revised Steve Pontius Document Submitted for Approval test man t oo 11 Page 12 AAACAD Vol. Pg.-`t� 8��Cour�lX�mp���i�| ���|��m�mo�g�e System Test Plan Table of Contents too Page 13 h �&� / �»� �� f ,�^. ~__� [)ocuDlertF�eV��xn@----------- �����_� Table of Contents ....... ...... ........ ..................................... ----............... '------ Test Plan S��`»� —'---'------------'----------� .�....--------- 1O{��8n��VV '-------_'-.,—_—_— � -----'-----'' —'—'---.--..—.� 2.OTes�ng Approach --------__.—_--____—_____________ __--�8 . 6 21T��� ----.----'----~------- . owv��.--'-------' � 2.2 --_'.'-------------.--..� . ~------' ..__--.] � 2L2����tF»�� _--------------'~--------- � —'------'-- 2.2.2 Test ��'+'^"--`----' ---'---'----'--''-- _.______'.--.7 �.� ................... ____—..7 7 2� n�n�\/�}��8tk�n --_'_—______—.______.__.____.. � v�nnx'�uv --� ...... 8 2.4De�y� Tracking --------_—'---'.--__—_—~'.______ 2.5 Software Build Contro ................................. .............................. .............. ............ 2]B1 n����hvKX��d� .__________._.________________ . Responsibility ---� O OJOg� --~---------_—____.__.__ 3 . /��u/qH�n�o"^� --~'--' ___'10 1 [1��T��t�� __.__.__.____.__.___.__ 3 . .~~u ,.—'—'^—^--'—'—� _.___._-1O 3 ��U��t��O�� ---.------------'--.� � /�""°m'------'' __'__.--10 7��� '---'----'---------'-----''—� �� '�—'------ —1� ~`____________'--11 4.0 Testing |�hases-------'--'--'--- 4 ............................. ' Test ---� 4 11 ����r DC� ----'.------'_—_—__________ . /����pv= Test --- 12 4���f����nV���i�D����i�� ---_---_—_______.___,______ � —'—.� 4 31F^[�-T��t|��/��Inf��� .----.'------'-.---- ' ' —' � _________--12 J��t����� —'--------.---.---'------. 4.3.2 /��w�W --'—^— --'.12 1� �[^��wn�eOnC�oOfigUraMoOTe8�Og--'--------.--.---.—_------. ' System —. 5 ........................................................... ' " ----' QT��t0Q��h��Uka ------_----_'—_—_—____� 6 . u ------'-- _--.'15 Attach ments ........................................................................... '' too Page 13 h �&� / �»� �� f ,�^. ~__� Brazos County, TX Comprehensive Integrated Justice. Information Management System *` Test Plan .y Test Plan Signoff This Brazos County Test Plan represents a project deliverable, defined in terms of the contract. The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this Test Plan. Accepted and Agreed To: AMCAQ (Aut zed ' nature) f-,Uj� Fe Lj (Print or Type Name) (Title) Brazos u By: (Authorized Signature) (Print or Type Name) a . . to Page 14 AMCAD Vol. I Pg. - � y pTr OF aR Brazos County, TX Comprehensive Integrated Justice Information Management Syste Fest Plan 1.0 Overview The purpose of this document is to describe the overall testing strategy for the Brazos County C'UMS Project. This Test Plan includes test approach, testing methodology, testing phases, and the testing activity schedule. This document also helps to clarify the testing activities, roles and responsibilities, processes and practice to be used across the project. This Test Plan will govern the scope and composition of forthcoming test scripts to be developed with corresponding software systems release iterations. This Test Plan will also govern how cyclical, iterative testing and user acceptance testing will be coordinated and conducted as well as defining defect reporting and resolution procedures. t1* AMCAQ Page 15 Vol. 1 �7 Pg. � aS pSC �f. v, Brazos County, TX Comprehensive Integrated Justice Information Management ys em Test Plan r' o� v 2,0 Testing Approach The AMCAD team recognizes the importance of identifying software defects as early in the software development cycle as possible in order to reduce impact on the overall project schedule and project costs. As a result, AMCAD has established a rigorous testing sUStegyy that Acceptance Testing (w th five phases, namely: (1) Internal Testing /iteration Testing (pre- release), ( } iteration), (3) Data and image Conversion Testing, (4) System Configuration Testing and (5) Interface Testing. 2.9 Test Scope The testing scope covers AiCMS, AiCS, AUMS and ROAM- This testing includes bo th e not modified for made for the Brazos County CIJIMS as well as the components of app the CIJIMS Project. Regression testing will focus on the consistency of the entire CIJIMS system. 2.2 Test Deliverables ciated with all testing activities of the CIJIMS Project. These There are significant deliverables asso deliverables are: • Test Plan • Test Scripts 2.2.1 Test Plan AMCAD, with input from the Brazos County CIJIMS composition Project of�forthcomingtestfs t P lan cripts to be document. The Test Plan will govern the scope a delivered by AMCAD to t t e rface testing. The Docu ent will also overn how p conversion testing and in iterative testing and user iterations, acceptance testing ilb the Testing and conducted as document shows well as define defect reporting and resolution procedures. Additionally, Detail Test Approach • Detailed Test Schedule o Test Preparation o Conducting Testing • Testing Team Roles and Responsibilities (for both AMCAD and ADC} • Test Environment Logistics • Test Reporting Deliverables • Acceptance Criteria o Documentation o Hardware o Software Acceptance Procedures o Client Approval and Sign -Off o Result togging /Reporting o Corrective Actions Detailed Data Backup and Recovery Procedures where applicable • Risks t Page 46 AMOND Vol. Pg. 7 tE of Brazos County, TX Comprehensive integrated Justice Information Management System n «. Test Plan _ a c yTr i �` 2.2.2 Test Scripts AMCAD and the Brazos County CIJIMS Project Team will develop test scripts for functional testing. These test scripts will be based on the delivered CIJIMS project requirements for each iteration and the System Design Documents. The test scripts will be used to organize and document the input, output, and expected results for testing purposes. The input will consist of detailed instructions and data to be entered by the tester. The output and expected results will include saved information, printed documents, files, etc. Each Detailed Test Plan will include: • Functional requirement numbers for the delivered functional requirements • A list of test scripts for each functional requirement 2.2.3 Defect Reports Defects can be minimized by generating defect metrics and facilitating a team review. Metrics can help define corrective action and conduct analysis of the causes of the defects. For each of the software iterations and the User Acceptance Test phases of the Project, AMCAD's project team will provide reports related to test script execution activities. This report will document the discovered defects within the CIJIMS system. In will also document the number of requirements and their associated test scripts which either passed or failed the regression testing process. 2.2.3.1 Defect Analysis The defect analysis will produce the following • Total Number of Defects Opened and Closed during a reporting period • Total Number of Defects Closed vs. Total Number of Defects Re- Opened • Defect Distribution Totals by Functional Requirement/Focus Group • New tests added to the planned tests • Total outstanding deficiencies and issues • Tests no longer applicable 2.3 Verification and Validation AMCAD utilizes a two-step process for the software's compliance with quality assurance. The Test Scripts will reflect both steps listed below. a. Verification: This is the process of determining whether or not the product of a given iteration of the software development life cycle fulfills the requirements elaborated during the Discovery and Design phases. The Test Scripts will be developed by AMCAD project team members and delivered to the Brazos County CIJIMS Project team with each software iteration delivery. b. Validation: This is the process of evaluating the software at the end of the software development process to ensure that the software fulfills its intended purposes. This is accomplished through the execution of a series of test scripts related to the software release for that iteration or phase. The test scripts are created by the AMCAD team during the development cycle. The test scripts include criteria for system compliance for all delivered requirements in the context for which they were created. /o Page 17 ,..,. AAA � Vol. i Pg. �Z E tip e. 0 G ^ � C 0- -c r.nrinty Tx Cnmorehensive Integrated Justice Information Managem Sys tem Vz7t r taii 2.4 Defect Tracking The objective of defect tracking is to provide a clear centralized overview of all software bugs and issues including but not limited to data conversion and system functionality, and take corrective action to ensure they are not repeated over subsequent software iterations, AMCAD utilizes Microsoft Visual Studio Team System (VSTS) Web Access to log and track all individual defects. All testers follow a standard procedure to enter defects and assign them to the appropriate Developer for resolution, once the defect has been verified. The Brazos County CIJIMS team's testers will followa similar procedure when recording defects, but will assign the defects to an AMCAD Business Analyst. The AMCAD Business Analyst will verify the defect and then assign it to the appropriate Developer. The defects will be resolved and delivered in future software iterations bases upon the priority of the defect. Before a defect is considered resolved, the AMCAD and Brazos County CIJIMS project team will retest the defect resolution items. The VSTS application is also used to gather metrics throughout the testing process. 2.5 Software Build Control The Software Release Managers will ensure that once testing begins no changes or modifications are applied to the current build. The Software Release Managers will maintain the software version information and coordinate with the Project Manager, any update or restore of the test environment. 2.6 Roles and Responsibility During the Internal Testing phase, AMCAD will utilize project team members and internal Quality Assurance (QA) resources to perform testing and execute test scripts. AMCAD will develop the test scripts. Each tester is responsible for documenting defects and assigning them to the appropriate Developer for verification and resolution. When a defect is fixed, the same tester is responsible for verifying the fix. Subject Matter Experts (SMEs) will be available to the QA team and Development staff to answer any questions about the Brazos County departmental business processes. The Brazos County CIJIMS Project Team will secure and organize testing resources to validate the functionality during software development iterations and for the User Acceptance Testing activities. The roles and responsibilities of key resources for testing are listed in the table below: Brazos County Project I Coordinates testing and acceptance Elm Brazos County — tan Soares Manager efforts for the County. coordinates testes AMCAD —Steve Pontius AMCAD Project Manager p e ish pro for the AMCAD and AOC Business testing metrics. Provides information on business AMCAD —Sara Smith E AMCAD —Alex Cesarz Analyst / Subject Matter processes and functionality Brazos County _.. Experts (SME) Brazos Coun Execute conversion scripts during the AMCAD Srikanth Data Conversion Speeiallst Dry Run process Cetamkot i Brazos Count — Software Release Manager Deploys application releases, updates and restores the test environment AMCAD —Tony Phelps Brazos County — Ian Soares Coordinates the customization and AMCAD — Sean Collins Development Manager develop ment of the software t 51 Page 18 ,AMCAD Vol. ! Pg• t �tt; af• w y Brazos County, TX Comprehensive Integrated Justice Information Management System Test Plan n 6� TVS r r os as Database Manager AMCAD and AOC QA Staff ! Lead Tester Manages Data / Performs Conversions Executes test scripts and reports defects AMCAD — Srikanth Celamkoti Brazos County - _ AMCAD - Julija Sabukeviciene Brazos County - 2.6.1 Responsibility Matrix The table below outlines the main responsibilities in brief for test activities: to Page 19 AMCAD V01, Brazos County D Data Test T t BA / Tech QA Staff Activity PM Mgr Mgr SME Mgr /Tester Test Planning and Estimation X X X X X Testing Documentation i X X Test Preparation and Execution X X Test Environment Set -up X BuildlRestore of Test X Environments Test Scripts X X X X Bug fixes and return to the Test X Team for re -test Software Build Control X Ongoing Test Reporting X X Test Summary Reporting X to Page 19 AMCAD V01, a ICE Op �. Brazos Coun ty, TX Comprehensive Integrated Justice Information Management System Test Plan t. V 3.0 Testing Methodology AMCAD will utilize various testing methods intended to identify defects. The methods are described below. 3.1 Unit Testing The primary goal of unit testing is to independently test the smallest unit of testable software in the application to determine if it has met quality standards. Unit tests are created by developers or occasionally by QtA de artment testers during the development process. Unit testing of individual methods, functions, procedures and programs is performed by each Developer, thus reducing the number of initial defects. 3.2 Functional Testing The objective of functional (integration) testing is to measure the quality of the functional (business) components of the system with an emphasis on inter- function communication. To accomplish this goal, the testing is performed across multiple units or components to verify that the system has met all system design specifications and requirements and that the software performs according to the expectations of end users. A functional test must determine if each component performs in accordance to the specifications, responds correctly to specified scenarios, moves data correctly from one process step to the next (including data stores), and that business processes are initiated as required to meet the objectives of the application. 3.3 Regression Testing Regression Testing is performed to verify that all baseline units and components, whether or not modified, are functioning properly. Integrity of all system components and security is tested to validate the security rights maintained by the system. t AMOND �� -- - F ".... VOL i5l- Pg. G3 Page 114 t E a }• Brazos. County, 1'X Comprehensive Integrated Justice Information Management System Test Plan - o 4.0 Testing Phases le in a Testing phases organize t t software applicat n manner AMCAD will identify onduct the Internal Test phase prior to prior to releasing the mo dified releasing the software for the User Acceptance Testing phase. 4.1 Internal 1 Iteration Testing application for all iterations Internal testing will be performed by AMCAD prior to delivering the software app including the rid othe ter Ling meths ' s during M this phasle u tili z e a combination of Unit, to ensure that the software application Regression, a cation adheres and other 9 to AMCAD's highest standards. The AMCAD Quality pr oduce d etailed test scripts rforrceachriterat on These test scripts will be provided to Sup Bra group wilt zos County Project the Bra Pro }ect Tearn shortly following the delivery of the iteration for testing by Brazos County resources and selected end users as part of each Iteration Testing. 4.2 User Acceptance Testing User Acceptance Testing will be performed after AMCAD and Brazos County have completed Internal and Iteration Testing and reso re gul ar bas s with each release, Therefore, updates the test scripts o re, any new functionality developed specifically for the Brazos County CIJIMS would be accompanied by corresponding t est cript time, Ultimately, the t _sc t will he opportunity o B t scripts tor modify he existing test scripts, if necessary. Brazos County will have the AMCAD will coordinate with the Brazos County Information Technology staff for establishment of test environments on Brazos County's computi k Aor UserlAcceptanceZTe ting�As all have a set amount of time to condu Y agreed upon for the defect correction proce tthe County with prompt address any updated o r use case re-testing i in r a timely by Brazos County and will pr fashion. Brazos County will sign -off on the Notice of Acceptance document when all agreed upon test scripts and use cases of all case types have been satisfactorily completed for each user acceptance component, within industry standards. After the Notice of Acceptance has been signed then the Training Materials will be updated to reflect the new functionality as defined. Regressions, setbacks, issues and bugs will take place with each release. AMCAD and Brazos County are understanding of this, as code changes are being implemented as well as schema changes and v i ew changes with each iteration. Some tss tested wi { n will not be co pleted until the system { has t cop completed its staff, a a full battery of regression 9 development cycle. Internal test releases are release several times a week and are not always a full set of regression testing scripts. It is expected that some recorded defects may not be resolved by the end of the UAT process. These recorded defects will be remedied as soon as possible by AMCAD but should not impede progress b the can project schedule with one exception —bugs classified as "show stoppers." Show stopper b bu gs could defined as any system defect which prevents the critical activities from being p include but not limited to the fallowing: Case /Citation Creation —Tar Creation, including Issuing • Receivable Creation Warrants to Page � 11 AMCAD Voi. Pg. 3 e Brazos County. TX Comprehensive integrated Justice Information Management ys em Test Plan o G � ry IT Of 3�z • Scheduling ReceiptinglForm Generation • Sentencing Disbursement Processing • Report Generation • Bond Tracking • eFiling interface 4.3 Data Conversion Testing The goals of Data Conversion Testing are to verify the correlation between data in the ADC's legacy systems as valid and to ensure that the converted data in AiCMS is consistent with the source data and functioning properly in the appropriate context in AiCMS. Improper data conversion may lead to poor functioning software within the application; therefore it is critical that data conversion is tested adequately. To achieve these goals, AMCAD has divided Data Conversion testing into Pre - Testing and Testing activities. 4.3.1 Pre - Testing Activities The Pre - Testing Activities include the following: The number and scope of data conversion iterations will define the list of converted data sets for each iteration/batch (sets of legacy data that are logically related and converted in iterations i.e. loading person data, caselcitation data, loading event data, etc_) • Prepare conversion unit test plans for each iteration/batch processes. Incorporate ways of comparing data in native and converted environments. Prepare conversion test plans for modified batch processes, reports, forms, etc. Prepare acceptance test specifications for unit and system integrated testing 4.3.2 Testing Activities The Testing Activities include the following for each system: Unit tests will be performed on small samples of data. The sample data set selected for data conversion dry runs should contain between 100 to 1000 cases of the data requiring conversion and should represent a cross - section of all court types, case types, historical data periods, and record types. Unit tests will be repeated, if required, with new samples of data which have been cleansed in accordance with previous report data after resolving issues with the legacy data that was rejected during conversion. Data cleansing is the process that would be before and during the data conversion process ensuring the source data meets the new system requirements for data integrity and usability. Ensure that code deployed to test servers functions according to requirements when tested within the application framework. Prepare the target database instance. Extract the cleansed legacy data from the SQL staging database. Transfer the extracted data. Load the data. Run the conversion programs During dry runs, test all related business processes, compare data side by side through the legacy application and AiCMS and compare summary numbers and reports cconverted that consistent with the Data Assessment Documents and Data �Conversion d s Plans, • Write up analyses of the Dry Run. • Determine how any newly detected `incorrect data wi11 be fixed. too - page 112 1157 AMCAD" VOL Pg• 5 y ,��sE Oy rJ Brazos County, TX Comprehensive Integrated Justice Information Management System Test flan 0 Identify data reconciliation checkpoints. Specific data reconciliation checkpoints (i.e., queries/rep ortsa to be used to verify data conversion; Data reconciliation checkpoints, which include verifying queries, will be identified for each conversion program. number of records extracted from the legacy The number of records loaded equals the system. Ensure the data integrity of the records by verifying the data is consistent with the Data Assessment Documents and Data Conversion Plan (e.g., required fields have a corresponding value, etc.) Employ additional aggregate functions (e.g., count, sum, etc.) to determine if there are any conversion problems in a particular group of records With each data conversion process, AMCAD will provide a list of data exceptions and data exception counts to Brazos County. AMCAD will also provide data conversion scripts. The source table to destination table mapping information is provided in the Data Assessment Documents and Data Conversion Plan. System Test or "Dry Run" serves as an examination of the conversion effort on the full database extract. cting a number of data records in the legacy system, which Dry Run tasks include sele allows for testing of all data values. 4.4 System Configuration Testing AMCAD will perform initial system configuration testing, however, it is the ultimate responsibility of Brazos County to conduct, validate and accept the system configuration during preparation for go live. The system configuration referenced in this section refers to front -end set up via the Table Maintenance portion of the application. Therefore, completion of this aspect of configuration is not normally dependent on application releases. There is audit information for each table row that identifies the time of last modification and the user that made the change. AMCAD will provide all necessary training to allow the AOC to configure the system and will assist with the initial system configuration. Even though configuration changes can be made by Brazos County at any time, the timely completion of the system configuration and the formal acceptance is highly recommended by AMCAD to ensure a smooth go live. too VOL Page X43 - AAACAD , 5 ' SE OF System Brazos County, TX Comprehensive Integrated Justice Information Man agerne Test Plan fG p - N 5.0 Risks and Contingencies Table below lists the identified risk and related response strategies for the Test Plan, Delays in delivering completed Test 1 scripts from AMCAD would impact test bmescales and final Release quality. Delays in the turnaround time for fixing critical (show stopper) bugs, which would require re- testing, could have an impact on the project dates. The Test Team, Development or PM teams require domain guidance from one 3 or the other and they are not always Delays This would delay project Tn cted dependencies between Test d service components are tered. This may require revision of ripts. 116 AMCAD f tmpact .• Project Management and Development teams would coordinate work packages and adjust High Iteration scope of resources to allow the test activities to be performed. Strong management of defect resolution would be pursued from Development to ensure defects are fixed and available for re- testing within the scheduled time. The Test Team, Development and PM teams would ensure they are available at critical points or contactable during the critical project activities. Information about dependencies would be updated and communicated promptly to allow timely revision of Test Scripts. "Vol. l57 pg. 5� High Medium Low Page 114 } Brazos County, TX Comprehensive integrated Justice Information Management System ' Test Plan C *4 6.0 Testing Schedule The Brazos County CIJIMS Project Schedule maintains the formal testing schedule. 110 / CAD - Page x'15 VOL � � .7 ��. � $ Tx (mmnre hensive integrated Justice information Management Attachments None Test Plan too � � ! Page 1116 �� Vol. r�• .�, �.. o .,�,.. Q�Case Al Brazos County, TX Comprehensive Integrated H Justice Information J ib Management system Prepared and Submitted By: AMCAD 220 Spring Street Suite '150 Herndon, VA 20170 ta "CAD jocnn novoeton • Ocogross Risk Management Plan Ve rs ion 2.0 Vol. / p 6 0 1 E up ; t h Brazos Country, TX Comprehensive Integrated Justice Information Management System Risk Management Plan � o * ry '�r ora nncument Revisions Ver. # hate Editor Description of Change Q.1 61/04/2012 Steve Pontius Document Created _ 1.0 61/2012012 Steve Pontius Document Submitted for Review 1.1 01/31/2012 Steve Pontius Document Revised Steve P ontius Document Submitted for Ap roval 26 2-�� 62/6'112012 ►�'} Page 1 2 VOL AMCAD �� Pie (n eS ¢ SC of i. y Brazos County, TX Comprehensive integrated Justice Information Management System Risk Management Plan ry O G(f�p Qf 0�'ry Table of Contents tlao Page 13 AAACAD S VOL- Document Revisions............... .... ........... .............................. Table of Contents ......................................'..._. Risk Management Plan Signoff .................. ......................... ._......... ........,.....................4 ......... Process ... ..............................5 ... .............................. 2.0 Risk Management ............... 21 Risk Identification...... ...... ............................... ...... .............................. 2.2 Risk Analysis .. ...................................................................._..... .............................. 2.2.1 Qualitative Risk Analysis ......................................... ............ .................... ......... 2.2.2 Quantitative Risk Analysis ..................................................... ......... ......................... 2.2.3 Project Risk Trend Analysis ................... ..............................9 9 2.3 Risk Response Planning.. ...... ............................_.. 2.4 Risk Monitoring and Control... .............................. .................... .............................10 3.0 Process Workflow Roles and Responsibilities .......... .................. ............................. Att ............................. tlao Page 13 AAACAD S VOL- 2 >SL op T. Brazos County, TX Comprehensive Integrated Justice Information Management System Risk Management Plan i X4 y rY of Risk Management Plan Signoff This Brazos County Risk Management Plan represents a project deliverable, defined in terms of the contract. The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this Brazos County Risk Management Plan. Accepted and Agreed To: AMCAD By: (Auth ri )�Si ature) G;�v! PO �J11 u s (Print or Type Name) 0 L-, A ,A-A M W ACIM (Title) Z AMC Brazo ty (Authorized Signature) t ,tlk nf`,r5 (Print or Type Name) O / L . M J - --- (Title) �J Page 14 col. / S 7 �• `� Brazos County, TX Comprehensive Integrated Justice Information Management System Risk Management rrau 1.0 Overview The Risk Management Plan describes the risk management strategy and how risk management activities will be organized and performed throughout the duration of the Brazos County ClJIMS Project. A risk is defined as an uncertain event or condition that, if it occurs, has a positive or negative effect on the Project's objectives, If a risk occurs, there will be a consequence to the project's cost, schedule, scope or quality. Risks can be known or unknown; known risks are those that have been identified and analyzed, and it may be possible to plan for them. Unknown risks cannot be managed, although project managers may address them by applying a general contingency based on past experience. Risks that are triggered will be handled according to issue management procedures. Risks are measured in terms of their likelihood of occurrence and their impact, as they relate to the project. The objective of risk management planning its to minimize the probability and s nd to maximize the probability and consequences of positive (opport iskidentified during the project. This will be achieved by identifying known project risks, performing an assessment of the probability of occurrence and potential impact, and creating action plans to manage the identified risks. Risk management planning defines how to approach and plan the risk management activities for a project. The Brazos County CIJIMS Project Management Team will assess identified risk items and follow the approved processes for inclusion of new risks into the risk management process as they are identified. The Project Manager owns the risk management process and will be the consolidation point for updates to this plan. The Project Manager will track progress against and adjust the plan, coordinate risk management meetings, and prepare the risk management reports. 16110 page 15 AMC Vol. �� pg. 1p ' Brazos County, TX Comprehensive Integrated Justice Information Management System Risk Management riarn 2.0 Risk Management Process The Brazos County, TX Project Risk Management Plan is consistent with Project Management Institute (PMI) standards and involves the following phases: • Risk Identification • Risk Analysis • Risk Response Planning • Risk Monitoring and Control Below is the high -level process flow of the risk management process: 2.1 Risk Identification Risk identification involves determining which risks might affect the project and documenting their characteristics. In general, it is recommended to limit risk management to the top ten to fifteen identified risks at each project level. Risk identification is an iterative process. It will be conducted through ongoing and detailed project reviews, and obtaining input from the various team members. outputs of other processes and project activities will be reviewed to identify possible risks across the entire project. These may include, but are not limited to the following sources: Statement of Work and Contract documents • Project Schedule and Cost Estimates Procurement Plan Technology — Hardware & Software Resource Plan + Vendor Experience and Capability Assumptions and Constraints Lists tsO G' 17 Page 16 AMCAD Vol. fig. Co � or" a� f• J G C aL y?r 0 yP Brazos County, TX Comprehensive Integ Justice Information Managem System Risk Management Plan Outputs from Risk Identification include: • Risks — that may have positive or negative effect on the project objectives • Triggers —signs or indications used to identify when a risk has occurred or is about to occur • Inputs to other processes — such as a need for further analysis or action in another area of the project 2.2 Risk Analysis Risk Analysis is a systematic assessment of identified risks to determine how these specified events may occur and the magnitude of their likely consequences. There are two major techniques for risk analysis: Qualitative and Quantitative. Additionally, the urgency with which to implement a risk response plan is determined. All risks will go through Qualitative analysis while, depending upon the severity of the risk, they may go through Quantitative analysis as well. 2.2.1 Qualitative Risk Analysis Qualitative risk analysis is the process of assessing the impact and likelihood of identified risks. The following guidelines will be used to assess the probability and impact of risks and calculate the risk level. Risk Probability Guidelines Rating Description Numerical Score High Event that has a chance of occurring greater than 75% 3 Medium Event that has a chance of occurring from 51 % to 75% 2 Low Event that has a chance of occurring from 0% to 50% 1 Risk Impact Guidelines Rating Description Numerical Score High + Impact is more than 25 % of the fiscal year 3 project budget, or • Greater than 3 months of delay of schedule Medium • Impact between 10% and 25% of the fiscal year 2 project budget, or • Between 1 month and 3 months delay in sc hedule Low • impact is less than 10 %• of the fiscal year project 1 budget, or • Less than 1 month of schedule dela too Page 1 7 ,AAA iv vol. I `7 jig. Brazos County, TX Comprehensive Integrated Justice Information Management System Risk Management Han Risk Level Risk level is calculated by multiplying Risk Probability and Risk impact. The risk levels for the guidelines of this plan are depicted in the following chart: Likelihood and Impact High w C3 Q Medium Low The risk analysis process will help prioritize risks according to their potential effects on the Project objectives. The quality of information and time - criticality of risk related actions will magnify the importance of risks. Finally, trends in risk levels of the identified risks will be monitored to determine the need for additional or fewer risk management actions. Outputs from the qualitative risk analysis include the following: Risk ranking — Overall prioritized ranking of the Project risks Trend in risk analysis results — risk may become more or less urgent and important List of risks for additional analysis — Risks identified as High level will go through additional analysis, such as quantitative risk analysis 2.2.2 Quantitative Risk Analysis Quantitative risk analysis considers the. range of possible values for key variables, and the probability of their occurrence_ This is the process to numerically analyze the probability of each risk and its consequences on the Project objectives, as well as the extent of overall Project risk. Risks assessed at High level will be analyzed through quantitative analysis. At a minimum, quantitative analysis will estimate the magnitude of the impact to determine the Expected Value (EV = Probability x $ Impact). Where it is not possible to provide a quantitative dollar impact, a narrative impact description will be given. page 18 AMCAD vol. ` 7 Low Medium n1911 ` Brazos County, TX Comprehensive Integrated Justice Information Management System Risk Management Plan Outputs from quantitative analysis include the following: • Expected monetary value of high level risks • Prioritized list of risks — this list shows risks that are the greatest negative or positive impact to the project • Risk Trend Analysis — shows risk trend of high -level risks 2.2.3 Project Risk Trend Analysis The Risk Score Card method will be used to determine the risk trend analysis. it quantifies the overall project risk by calculating individual totals for each category of risk and summing the total of these categorical values. Specifically, the total number of Low, Medium, and High risks is calculated and these individual numbers are multiplied by the appropriate pre - defined point values. The total number of Low risks is multiplied by 2, the total number of Medium risks is multiplied by 5 and the total number of High risks is multiplied by 10. The combined total of these three values represents the Total Level of Risk. The maximum possible number of points is tabulated by multiplying the total number of risks by the High Point Value (10 ). This value would be achieved if all risks were classified as High risks. Ideally, the overall risk score should decrease as the project progresses through various phases towards completion. However, an increased risk score may indicate tighter monitoring and control of the project activities may be required. 2.3 Risk Response Planning Risk Response planning will result in developing options and determining actions to maximize opportunities and minimize threats to the Brazos County CIJIMS Project. The process will include the identification and assignment of individuals to take responsibility for each risk response. Several recognized risk response strategies can be used to reduce or control the risks. In some cases, primary and backup strategies can be selected to deal with the risk. These strategies include the following: 1. Accepting — Risk acceptance means the Project team has decided against changing plans in response to the risk or is unable to find a feasible alternative plan 2. Avoiding — Risk avoidance refers to changing plans to eliminate the cause of risk or avoiding its impact 3. Transferring — Risk transference involves shifting the consequences of a risk to a third party together with the ownership for the management of the response 4. Mitigating — Risk mitigation seeks to reduce the probability of risk occurrence or reduce the impact of the risk event to an acceptable level. Care must be taken to determine that the workaround does not cost more than the risk it is mitigating Risk Response Plans and the Risk Log will be maintained in the Brazos County CIJIMS website. Each Risk Response Plan will, at a minimum, document the following: Risk description and its source The project that identified the risk and the project the risk may impact Risk Owner Deliverables and/or activities impacted Risk Trigger The response actions and their impact to the project too �0$ Page 19 y4 *SE uR T Brazos County, TX Comprehensive Integrated Justice Information Management System Risk Management Plan n i outputs from Risk Response Planning include the following. • Risk Response Plan Residual Risks —Risks that rem after avoidance, transfer, or mitigation responses are taken • • Secondary Risks — Risks that are a direct result of implementing a risk response • Input to Other Processes —Risk and s {rategiestof othe�processesumay beg updated. resources. Therefore, the documentation The Project Schedule and other documents may also need to be modified as a result of risk responses Contingency Reserve Update— Since risk plans are accounted for in the project budget, the risk response may impact the contingency reserve 2.4 Risk Monitoring and Control Project Managers and t contr Risk Manag P ess l ead risk g track moni of I the identified mana risks, monitoring residual and Risk monitoring and contr secondary risks, en se s tri ggers, the Risk Manager will then t heir sk and mon foe ffec ti veness he implementation reducing risks. In ca 9 of the Contingency Plan through the issue management procedures. Periodically project risks will be assessed to determine the risk exposure of the Project. At a minimum, risks will be reviewed on a periodic basis to perform the following activities: Review risk status and determine if any detail risk assessments ar a target Update and document risk probability, ranking, p completion date • Ensure the execution of risk plans and evaluate their effectiveness in reducing risk Monitor progress on triggered risks through the issue management procedures Integrate updated risk response plans with the project plan through the change management process • Identify new risks or opportunities and apply the risk management process outputs from risk monitoring and control include the following: Updates to risk response and such hay 9 will may re additional igduali basis. Their prioritization may change. over time and analysis Workaround plans — Unplanned responses to emerging risks that were previously unidentified or accepted Project change orders — Implementing Risk Response plans or Contingency plans may create changes for project plans or other processes Identification of additional risks Lessons Learned /—a Page 110 to I �7 � lS7 AMCAD VOL g 7t *tE Op l �w Brazos County, TX Comprehensive Integrated Justice Information Management ys em Risk Management Plan .yT} of aaa 3.0 Process Workflow Roles and Responsibilities The following is the definition of each functional role in support of the risk management process with a description of their duties listed: Role Abbreviation Description 1. Reports the risk via documentation in the risk log; 2. Provides initial risk level assessment and RI recommends a risk response plan; Risk Identifier 3. Completes required documentation; and 4. Attends risk meetings if ap ro Hate. 1. Monitors and maintains the risk log; 2_ Generates Risk Management reports; RM 3. Escalates to next level if required; Risk Manager 4. Collects required approval signatures; and 5. Communicates risks statuses and closes risks. 1. Must possess the knowledge necessary to fully understand implications and impact of the risk; 2. Reviews the identified risks; 3. Investigates the impact of the risk on various factors, such as cost, schedule, resources, quality Risk Owner RO and customer satisfaction, and the probability of the risk's triggering; 4. Produces risk response and contingency plans; and 5. Attends meetings when a ro riate. 1. Assigns Risk Owner for the risk, 2. Secures management approval of the risk response and contingency plans, when needed; 3. Ensures that project documents are updated when the risk response plan is approved; Project Manager PM 4. Escalates to next level if required; tasks are completed to cost, and on 5. Ensures schedule; and 6. Obtains sign off of changed baseline documents under version control, where approp /� � 1 �j � a �®�. �. -_C_= P g . Page Ill Brazos County, TX Comprehensive Integrated Justice Information Management System Risk Management Plan Attachments None tto page 112 AAAC/AD Von. G 7 Y . rase Al .� 4 t t Prepared and Submitted By: AMCAD 220 Spring Street Suite 150 Herndon, VA 20170 tsO "CA Brazos County, TX Comprehensive Integrated Justice Information Management System Quality Assurance and Acceptance Plan Version 2.0 \/Oi. Brazos County, TX Comprehensive Integrated Justice Information Management System Quality Assurance and Acceptance Plan Document Revisions Ver. # Date Editor Description of Change 0.1 01/0512012 Steve Pontius Document C reated 1.0 01!2012012 Steve Pontius Document Submitted for Review 1.1 01J31/2012 Steve Pontius Document Revised 2.0 1 02101/2012 Steve Pontius Document Submitted for Ap roval t AMC_AD J J 7 r 6. �--�-° Page 12 �t Pt�t Brazos County: TX Comprehensive integrated Justice Information Management Sys #em Quality Assurance and Acceptance Plan Of Table of Contents Document Revisions ................. .... ............................... Tableof Contents .............................. ............................... Quality Assurance and Acceptance Plan Signo ........................ ....................... 4 1.6 Overview ................. .................._.. ............,,...........,..... 2.0 Quality Assurance and Acceptance Process ............................. 7 2.1 Quality Assurance Guidelines.... .••••• •............•••...•.......""'.. ' 3.0 Project Deliverables . ...............•............... .............8 . ' ' . 3.1 Document Deliverables ................. ...... ..•.•..•"".•• "........... " ' 3.1.1 Document Template— ............. .... ............................... 3.1.2 Document Delivery...... ... .............................. 3.1.3 Retention and Archival .................. ............................... ........ ............................... 3.2 AMCAD Software Deliverables...,... .••••.••..........""' "••••... 3.2.1 Components of Quality Compliance Process ...................... 9 3.2.2 Software Delivery ...................... ......•........................ 9 3.2.3 AMCAD Quality Assurance..... ••••••....• .....•••• "'•• "•••• 3.3 AMCAD Service Deliverables .•••••••- •••••••••••.••••••••• .. ............................... 10 3.3.1 Service Artifacts ........................... •.........• .................. .. .................... .... ............ 3.3.2 Service Delivery ......_.......• ............... ......................... 3.3.3 Retention and Archival ....................... ............................... Attachment A — Notice of Delivery ..... ..... .............................11 Attachment B — Acceptance Signoff Sheet . ................................ ................ Template Attachment C — Standard Document ............................................................. 1 6 10 AMCAD vor. 5 _ Page 13 T Rrazos Countv. TX Comprehensive Integrated Justice Information Manag System Quality Assurance and Acceptance Plan Quality Assurance and Acceptance Plan SignQff This Quality Assurance and Acceptance Plan represents a project deliverable, defined in terms of the contract. The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this Brazos County, TX Quality Assurance and Acceptance Plan. Accepted and Agreed To: AMCAD B (Aut o zed ignature) (Print or Type Name) (Title) Brazo oun By: ,tom I— ` �--- —�- - (Authorized Signature) P&T 5 (Print or Type Name) Lun+ ud (Title) ZOO "s Page 14 AMCAD VO 5 7 Pg' Brazos County, TX Comprehensive Integrated Justice Information Management System Quality Assurance and Acceptance Plan 1.0 Overview The Quality Assurance and Acceptance (QAA) Plan describes a set of activities and tasks which will help achieve the highest possible quality in the wide variety of activities and deliverables associated with the Brazos County CIJIMS Project. This document provides the process governing the quality of AMCAD's deliverables and their acceptance by Brazos County during the Brazos County CIJIMS Project. The quality assurance process includes: • Quality planning providing clear decisions and directions • Constant supervision of deliverables • immediate review of completed activities for accuracy and completeness • Documenting decisions Additionally, the QAA Plan details the criteria for acceptance of all types of work products, the acceptance procedures, and the timeframe for deliverable review. to Page (5 AMCAD 'l• Brazos County, TX Comprehensive Integrated Justice Information Management System Quality Assurance and Acceptance Plan lit T 2.0 Quality Assurance and Acceptance Process The Quality Assurance and Acceptance process is consistent with the Project Management Institute (PMI) standards and involves the following activities: • Notice of Delivery • Acknowledgement of Receipt or Acceptance of Delivery • Deliverable Review • Quality Assurance {QA} Validation and Verification • Final Acceptance All project deliverables will follow a similar quality assurance acceptance process flaw for the project: Brazos CUMS I Deliverable ` AMCAD Project Manager submits deliverable to Brazos County Project Manager or Authorized Designee formatting criteria and requirements , per the SOW Yes Deliverable I � �Reatx 1� GA approved Yes Brazos County Project Manager executes final acceptance End AMCAD Deliverable not acceptable. It is returned to AMCAD for corrections Page 16 5 -77. a I E OF l ti Brazos County, TX Comprehensive Integrated Justice Information Management System Quality Assurance and Acceptance Plan � .s The Brazos County Project Manager (PM validates whether a deliverable submitted for approval includes the required supporting documents and meets formatting criteria, If the deliverable is validated, then the Notice of Delivery is signed to acknowledge receipt of the deliverable. Invalid deliverables are returned to AMCAD for correction with reasons for rejection. Validated deliverables will go through the Brazos County Quality Assurance I Quality Control processes and procedures in reference to the content, accuracy, and completeness for approval. once approved, the Brazos County PM signs the Acceptance Signoff Sheet for the deliverable. In the event where a deliverable is accepted, approved and signed off on, the deliverable will be archived, At that time, the deliverable will become an artifact. Any changes to the contents of that deliverable will be handled via the change control process, as documented in the Change Control Plan. Any rejected deliverables are returned to AMCAD for corrections followed by a resubmission. 21 Quality Assurance Guidelines The quality assurance guidelines are applicable for activities and deliverables related to: AMCAD Document Deliverables AMCAD Software Deliverables AMCAD Services Deliverables Criteria and required supporting documents related to the acceptance of various types of deliverables are listed in the Project Deliverables section of this document. However, the following procedures or artifacts apply to all deliverables for the Brazos County CiJIMS Project: • The Brazos County or AMCAD Project Manager may assign a designee to deliver or receive a deliverable. The respective Project Manager must announce the assignment of a designee via e- mail to their counterpart. • All deliverables will be made by the AMCAD Project Manager to the Brazos County Project Manager. A 'Notice of Delivery' ( Attachment A ) will accompany all deliverables. Brazos County will have a fixed number of business days to accept the deliverable. The number of days for each deliverable will be 15 business days. An Acceptance Signoff Sheet ( Attachment B ) will accompany all deliverables. Signature on the Acceptance Signoff Sheet signifies formal acceptance and approval of said deliverable by Brazos County. The Brazos County Project Manager will review deliverables to ensure that the deliverables meet quality acceptance criteria and the contract Statement of Work (SOW). 110 & - Page 17 !'`!!!tCAD V ol. 1 1 -6. ,t a a1• rr { W Brazos County, TX Comprehensive Integrated Justice Information Management System Quality Assurance and Acceptance Plan ACC �P 3.0 Project Deliverables 3.1 Document Deliverables All document deliverables must meet the documentation standards as specified in the QAA plan. In addition to the artifacts listed in the Quality Assurance Guidelines section, document deliverables require the following formatting and f or items: 31.1 Document Template All of the documents delivered to the County must conform to the approved template (see Attachment C) and contain the following'. • Cover page • Document Revisions page Table of Contents page Standard document header • Standard document footer • Overview section of the document - stating purpose and scope 3.1.2 Document Delivery All document deliverables will be e- mailed or electronically submitted to the Brazos County Project Manager along with any supporting artifacts. Also attached to the e-mail will be a `Notice of Delivery' document built specifically for the deliverable. 3.1.3 Retention and Archival All document deliverables will be retained in the Brazos County Project Website. The Brazos County Project Manager will be responsible for maintaining these documents in the manner the County wishes to see the website organized. This includes file paths and document naming logic. The Brazos County Project website application has version control functionality and will follow the Brazos County PM's configuration management guidelines for version management. 3.2 AMCAD Software Deliverables Quality Assurance for software deliverables will be achieved by following a formal process for evaluating and documenting the quality of the work products produced during each phase of the Brazos County CIJIMS Project. The primary objective of the QA process is to ensure the production of high - quality software products according to stated requirements and established industry standards. 3.2.1 components of Quality Compliance Process The software deliverable's quality assurance compliance process has two major components: a. Verification: This is the process of determining whether or not the product of a given phase of the software development life cycle fulfills the requirements elaborated during the phase. b. Validation: This is the process of evaluating software at the end of the software development process to ensure compliance with software requirements. This is accomplished through the execution of a series of test scripts related to the software release for that phase. The test cases are created during the development stage and incorporated into the project test plan. The test scripts include 1 10 Page 18 HSE OJ G O� � Ty yrr nc ra Brazos County, TX Comprehensive Integrated Justice Information Management System Quality Assurance and Acceptance Plan criteria for compliance with all delivered requirements. Test scripts are run against the software during the unit, integration, and regression stages, where they may be modified before being incorporated into the final user acceptance testing phase. The Brazos County CIJIMS Software Test Plan, a formal project deliverable, will describe this process in greater detail. 3.2.2 Software Delivery in addition to the artifacts listed in the Quality Assurance Guidelines section of this document, the software deliverables related to each major milestone release follow the guidelines below: a. All software deliverables will be made by the AMCAD PM to the Brazos County PM. The mode of delivery of software will be either electronic, via File Transfer Protocol (FTP), or physical, via shipment of a DVD to the County by courier service. b. Software releases for milestones 1 iterations will be accompanied by corresponding artifacts: i. Test scripts relating to the delivered functionality ii. Release Notes including information on the release 3.2.3 AMCAD Quality Assurance AMCAD's QA team adheres to a well - defined and consistent QA methodology which applies to development, implementations, and issue resolution during the course of system updates and upgrades. Recognizing the importance of identifying software defects as early in the software development cycle as possible in order to reduce impact on the overall project schedule and costs, AMCAD has established a rigorous testing strategy. The testing is divided into five phases; internal Testing (pre - release), User Acceptance Testing (post- release), Data Conversion Testing, System Configuration Testing, and Interface Testing. Testing will focus on the modifications resulting from requirement and design items documented during the GAP / JAD sessions, Brazos County specific system configuration, and database / image conversion script development. Regression testing is periodically performed internally and prior to any major on site release to verify that all components of the software application are functioning correctly. The AMCAD QA team uses Microsoft SharePoint Server to track releases, make release assignments, and produce all necessary QA reports. 3.3 AMCAD Service Deliverables Service deliverables for the Brazos County Project include, but are not limited to, the following activities: Data and Image Conversion Training GAP /JAD Analysis — Case Management • GAP /JAD Analysis — Content Management or Document Management • GAP /JAD Analysis — Jail Management • GAP /JAD Analysis — ROAM (Rapid Onlien Access Method) • Implementation Post - Implementation Support Quality assurance for service is meant to ensure that a performed service adheres to a defined set of quality criteria and meets the requirements for services as stated in the SOW. 410 AMCAC) Page 19 Vol. — P &° g0 _ fi. � y G n L t r r!� i Brazos County, TX Comprehensive Integrated Justice information Management System Quality Assurance and Acceptance Plan 3.3.1 Service Artifacts All notice of service deliveries will accompany the following information / artifacts: • Date(s) of Service • Location of Service Additionally, for GAP, JAD, and training exercises the following artifacts will be submitted: • Agenda of the Service • Attendees List • Survey / Questionnaire 3.32 Service Delivery All service related documents will be uploaded into the Brazos County Project website by the Brazos County Project Manager. in addition to the service artifacts, items listed in the Quality Assurance Guidelines section will also be submitted. 3.3.3 Retention and Archival All service related documents will follow the directions stated in the Retention and Archival section of this document, for document deliverables. to /WCJD Page 110 Vol. 16 - �6. 9 t pT� Off• %{ �• _ �, Brazos County, TX Comprehensive Integrated Justice Information Management System " Quality Assurance and Acceptance Plan V yrY OF ay a Attachment A - Notice of Delivery All deliverables of the Brazos County CIJIMS Project will be accompanied by a 'Notice of Delivery'. The template for the Notice of Delivery is attached. Page Ill Vol, 5 7 ]Pg. � a Brazos County, TX Comprehensive Integr Justice Information Manageme Sys Quality Assurance and Acceptance Plan Attachment B — Acceptance Signoff Sheet All deliverables of the Brazos County CIJIMS Project will be accompanied by an 'Acceptance Signoff Sheet'. The template for the Acceptance Signoff Sheet is attached. 10 110 /WC/AD -col. I _ e $ Page 112 S ,1E Off• Brazos County, TX Comprehensive integrated Justice Information Management System ,M Quality Assurance and Acceptance Plan hrr oe ya Attachment C — Standard Document Template Documentation deliverables for the Brazos County CIJIMS Project will be based on the attached template. 0 /AMGAD `Vol. I Page 113 4���a case Ma�d�A 'U° y � Prepared and Submitted By: AMCAD 220 Spring Street Suite 150 Herndon, VA 20170 tlso "CAD '.acnrW,09y • Innovation • Progress. www.AMCA©.com Brazos County, TX Comprehensive Integrated Justice Information Management System Human Resource Plan Version 3.0 O � r �,. SA SE ay -t R R o ' •L JC4 Y Ztit ns '� arms County. TX Comprehensive Integrated Justice Information Ma nagement Syst Human Resource vian Document Revisions Ver. # Date Editor Description of Change 0.1 01/04/2012 Steve Pontius Document Created 1.0 01/20/2012 Steve Pontius Document Submitted for Review 1.1 01/27/2012 Steve Pontius Document Revised 2.0 01129/2012 Steve Pontius Document Resubmitted for Review 2.1 01/31/2012 Steve Pontius Document Revised 3.0 02/01/2012 Steve Pontius Document Resubmitted for Ap rovai /0 AMCAD VOL I G ra. � (P Page 12 Brazos County, TX Comprehensive Integrated Justice Information Management System ` Human Resource Plan _ a ` T Table of Contents .............. ........................... ........................_.....2 . .. Document Revisions ... ......... ................... . Tableof Contents ............. ................... ....,........._.............,.3 HumanResource Plan Signoff ......................................................... .............................. 1.0 Overview...., ....................... ............................... .......................... ..............................5 .............................. 2.0 Project Staff Organization ............................................................ 3.0 Project Staff Roles and Responsibilities ............................ .............................. ......_...7 4.0 Staffing Requirements ................................................................._ 5.0 Brazos County Project team member acquisition and termination .._...... procedure .......... 11 5.1 Hiring ............ ............................ .............................11 . ................................... . 51.1 Brazos County........................................................... 11 5.1.2 AMCAD ........... ............................... . ..... .. .......... ................ ................I.............. 5.2 Assignment of AMCAD personnel to the Brazos County Project Team ..... ,...... 5.2.1 Background Check ....................................................... ............................... 11 5.2.2 Consultation from Brazos County .................................... ............................... 5.2.3 Transition ........ ......•....,....•.......,.. .................... ............................. 5.3 Separation of AMCAD personnel assignment from Brazos County Project Team 11 5.3.1 Notice to Brazos County / AMCAD ........ .............................11 5.3.2 Transition ................................................... 6.0 Staff Training Plan ... ...•- •- ••••••• ......................... ... °....... ............................12 6.1 AMCAD Training Plan... ......... ... .............................12 6.2 AMCAD Brazos County Project Training Plan ......................... ............................. Att ............................. 116 AMCAD Page (3 Vol. Pg,- 97-- Brazos County, TX Comprehensive Integrated Justice information Management System Human Kesource Han Human Resource Plan Signoff This Human Resource Plan represents a project deliverable, defined in terms of the contract. The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this Human Resource Plan. Accepted and Agreed To: AMCAD By: (Autho d Si ature) (Print or Type Name) (Title) tip AMCAD Brazos unt �- By: (Authorized Signature) (Print or Type Name) Coo JU (Title ) VOL 1 G Pg. 8 Page (4 y ,te a+• r f �� Brazos County, TX Comprehensive Integrated Justice Information Management System Human Resource Plan c�rY nF 0� to overview Brazos County, TX has contracted with American Cadastre, LLC (AMCAD) of Herndon, Virginia to implement a comprehensive integrated justice information management system in Brazos County, TX under the Brazos County Project. The purpose of this Human Resource Plan is to provide an overall framework for acquisition, management and transition of human resources during the life of the Project. Pursuant to the Statement of Work § 6.4.3, objectives for the Human Resource Plan include_ • Project Staff Organization • Project Staff Roles and Responsibilities • Required staffing levels and needs for variou of AMCAD personnel assignments project s phases throughout the • Process for the Brazos County app • AMCAD project staff turnover procedures and stipulations 416 r�nnCAD Page 15 Brazos County, TX Comprehensive Integrated Justice Information Management System Human Resource Plan 2.0 Project Staff Organization The Brazos County Project consists of several project teams. All project teams consist of both AMCAD and Brazos County resources. Project team assignments will be maintained on the Brazos County Project Site. Z1164 Page 16 AMCAD vol. pg. Brazos County, TX Comprehensive Integrated Justice Information Management System Human Resource Plan T , V N 'T Y OF � 3.0 Project Staff Roles and Responsibilities Project staff roles and responsibilities will change over the life of the Project_ Please refer to the Brazos County Project website for the latest project staff roles and responsibilities. 16 AMA Vol. 1 C 7 pg. q I Page 17 Brazos County, TX Comprehensive Integrated Justice Information Management System Human Resource Plan 4.0 Staffing Requirements The Brazos County Project's success largely depends on matching required staffing levels. The following table represents the various staffing levels required during each phase of the project. A resource can have multiple roles: therefore a resource count does not correlate to a full time - employee count. All Phase'. of Brazos.Coun Pe 1 66t Organization aource Type _ # of Reso — ect Mann er 1 Brazos C oin - -- AMCAD — e ct M ana er iness Ana lysts Brazos Coun — — 22 AMCAD iness Analysts �. — -- Technical Resources As needed* ._ ... _ ... _ Brazos— As ne eded* AMCAD Tec Res — - -- "Note: All available technical resources will be utilized as needed for technical design decisions and planning purposes throughout the life of the Project. In addition, resources will be added to and removed from the project when necessary. 116 Page I$ AMCAD Vol. 7 p Q a Brazos County, TX Comprehensive Integrated Justice Information Management System Human Resource Plan P:ro'ect: : Plan nirib-and.Rre arati.ota 16614& tesou io6cifi6d ° "All Phases 'of the `Brazos County Project"' Or anization Res our c e Type # of Resources Brazos County Project Mana er __ _ 1 _ AMCAD Project Manager 1 Brazos Coun Business Analysts 1 AMCAD Business Analysts _ 2 GAP sessions include resources s , ecified in "All Phases of the 'Brazos Project' Or anization R esource Ty pe _ # of Resources Brazos Count _ Project Mana er T 1 AMCAD P roject Mana ger 1 Brazos County Business Analysts 1 _ AMC Business A nalyst 2 uAO sess I Inciide resources s eclfied "AII Phases of the Brazos Coun Pro ect" Or anization Resource T e # of Resources Brazos Count Project Ma nager 1 �� AMCAD Pr oject Manager — 1 Brazos County Business Anal sts 1 AMCAD Business Anal st 2 Software Develo went lnc�%i e~ re~ources s ified iri " AIl Phases:ofthe Brazos'COiant , Pro Or anization Resource T e # of Resources Brazos Count Project Mana er 1 AMCAD Project Manager 1 _ Brazos Cou V Busin Analys 1 _- AMCAD Business Anal sts 2 Brazos County Software Developer TBD based on desi n decisions AMCAD Software Development Team in Herndon TBD based on desi n decisions Data:Gonvers.lon tncltade resources s ecified in' "All Phases'of the. razos Count Project" Or anization R esource Type # of Resources _ Brazos Count Proje Manager 1 AMCAD Project Mana er _ 1 1 _ Brazos Count Business Anal sts _ AMCAD Brazos Count Business Anal sts DBA 2 _ 2 _ AMC DBA 2 Brazos County Data Anal st 1 AMCAD Data Ana{ st 1 1 6 10 AMCAD _ I 93 Page 19 Vol. rg. S t SL Of• 1� N i G('rT of tint ti° Brazos County, TX Comprehens In tegrated ,Justice Information Management System Human Resource Plan Data-Convetson:Verification and- QAtestin Include resources s `ecified in "Alf Phases ofthe - Brazos Count Project° Or anization Resource Type # of Resources Brazos County _ Project Manager 1 AMCAD Project Manager 1 Brazos Count Bu siness Analysts 1 AMCAD Business Analysts 2 _ Brazos County Data Anal st I QA 3 AMCAD QA Team 6 AMCAD Business Analysts _ 2 Im lementation.and_Tratn[n � _ ; lnclucle.- resources s 'ecified in` "All Fhases' the'.Brazos'Count Project" Organization _ Resource Type _ # of Resources 1 _ .� Brazos County Project Mana er _ V AMCAD Project Manager 1 Brazos County Business Analysts 1 AMCAD Business Analy is 2 Brazos County Subject Matter Experts 14 Traine �. AMCAD Business Analysts / Trainers 4 - Include r soLrces's cifted.in' "AII P,hases`of the Brazos�Count Pra ect" Organization Type # of Resources Brazos County _Resource Customer Support 1 Manager —_ -- - -- -- _ Brazos County Helpdesk Support TBD based on service level decisions by Brazos Count AMCAD Customer Support TBD based on Manager service level decisions by Brazos County t,6 Page 110 voi. � S I Pg. q q t Y y f• j9 Nr or V� Brazos County, TX Comprehensive Integrated Justice Information Management System Human Resource Plan 5.0 Brazos County Project team member acquisition and termination procedure 5.1 Hiring 5.1.1 Brazos County Brazos County has internal human resource hiring processes in compliance with state hiring procedures. 5.1.2 AMCAD AMCAD has internal human resource hiring processes. When hiring a resource for the Brazos County Project, the AMCAD Project Manager will inform the County Project Manager before a hiring decision is made. AMCAD will provide copies of the candidate's background checks to the County. The County may reject any candidate if the County is not satisfied by the results of candidate's background checks. 5.2 Assignment of AMCAD personnel to the Brazos County Project Team 5.2.1 Background Check AMCAD will first perform a background check of an employee and make it available to the County. 5.2.2 Consultation from Brazos County The AMCAD Project Manager will provide the professional resume to the County's Project Manager for consultation regarding AMCAD's Brazos County Project hiring. 5.2.3 Transition , Once approved, the AMCAD Project Manager or his designee will provide information about Brazos County rules and state laws necessary to work onsite. Additionally, AMCAD will conduct internal project orientation with the new resource to provide them with the required knowledge transfer. 5.3 Separation of AMCAD personnel assignment from Brazos County Project Team 5.3.1 Notice to Brazos County 1 AMCAD If an AMCAD removes an employee from the CIJIMS Project, the AMCAD Project Manager shall directly communicate the information to the Brazos County Project Manager. Conversely, if County wants to remove an AMCAD employee from the Brazos County Project, the Brazos County Project Manager shall directly communicate the decision to the AMCAD Project Manager. Upon communication, the AMCAD Project Manager shall immediately remove the employee from the project. 5.3.2 Transition If the employee separation is planned, AMCAD and Brazos County Project Managers together will coordinate the knowledge transfer and transition process, However, if the separation is due to immediate termination, AMCAD will follow the same on- boarding procedures, as described. In either case, AMCAD will replace the candidate within 34 days. It'so Page 111 vo1. 1 s 7 Pg. °� s Brazos County, TX Comprehensive Integrate Ju Information Management System Human Resource Plan 6.0 Staff Training Plan 6.1 AMCAD Training Plan AMCAD employees are required, as a condition of continued employment, to become certified in the AMCAD Justice Suite including AiCMS AiCS, AUMS, ROAM, and eUniversa. During the certification process, employees are required to participate in intensive training sessions over several weeks at the beginning of the employment. These sessions include lectures, hands -on sessions, quizzes and exams. The final phase is the formal certification exam where a new employee must score at least an eighty -five percent in order to remain with the AMCAD team. The certification process ensures that our professionals are prepared with requisite product knowledge prior to their arrival in a Client's office. 6.2 AMCAD Brazos County Project Training Plan Any AMCAD employee who will be working onsite on the Brazos County CIJIMS project will spend two weeks job shadowing an existing AMCAD team member. During this time, the employee will be formally introduced to the Brazos County CIJIMS Project team members to ensure proper project communication going foreward. They will also spend time learning about the project, being informed of current project issues, risks and action items. The same process will be followed for new Brazos County employees who will be working on the CIJIMS project and working directly with the AMCAD Project Team. t A�, 0!6.D Page 112 - 7 Vol. I G Pg. Brazos County, TX Comprehensive Integrated Justice Information Manag System Human Resource Plan Attachments None 1,010 11 Page 113 /aMCJAD Vol. F pg (� , l 1 m'yv • rnvd•n. �op•eu Case 41411���P Prepared and Submitted By: AMCAD 220 Spring Street Suite 150 Herndon, VA 20170 ta AMC fOChrlp!-oqV - !nnova!,On • PrOOFOSS. Brazos County, TX Comprehensive integrated Justice information Management System Communication Plan Version 2.0 Vol. � 7 1'8• —L— �t AS op t f� Brazos County, TX Comprehensive Integrated Justice Information Management System Communication Plan Document Revisions Ver. # Date Editor Description of Change 0.1 01/04/2012 Steve Pontius Document Created 1.0 01/20/2012 Steve Pontius Document Submitted for Review 1.1 01131/2012 _ Steve Pontius Document Revised 2.0 02/01/2012 Steve Pontius Document Submitted for Approval 0 AMGAD Rage f 2 Vol. � pg. t f t M1P„ OF Brazos County, TX Comprehensive In Justice Information Management System Communication Plan Table of Contents DocumentRevisions .......................................................................... ....................._........2 Table Contents .............................................................................. ..............................3 Communication Plan Signoff .............................................................. ..............................4 1.0 Overview ..................................................................................... ............................... 2.0 Communication Flow for Internal and External Justice Users .................................... 6 2.1 Communication Matrix for Internal and External Justice Users . ..............................6 3.0 Brazos County and AMCAD Project Staff Communication .......... ..............................8 Attachments................................. ................................................................................ ....9 Zoo Page ( 3 AMCAD Vol. Pg. / 00 tu.wMl• m ^o�ogn.4.Rvm 1 .: t � n i Brazos County, TX Comprehensive Integrated Justice Information Management System Communication Plan Communication Plan Signoff This Communication Plan represents a project deliverable, defined in terms of the contract. The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this Communication Plan. Accepted and Agreed To: AMCAD k By: — (Autho ' d Si nature) (Print or Type Name) ?-4 R_A A1\ (Title) t )WC,AD Braz ty By: (Authorized Signature) , P (Print or Type Name) Q VV (Title) Page 14 Vol. 1 7 p 1 0 1 Brazos County, TX Comprehensive Integrated Justice Information Management System Communication Plan 1.0 overview Brazos County, TX has contracted with American Cadastre, LLC (AMCAD) of Herndon, Virginia to implement a custom comprehensive integrated justice information management system in Brazos County, TX. Due to this significant technology initiative, it is imperative that communications be disseminated to project staff and County users. The purpose of this Communications Plan is to provide an overall framework for managing and coordinating the wide variety of direct and indirect communications which will occur as part of the Brazos County Project. This plan defines communication types, target audiences, messages, message timing, and communication methods and maps the relationships among them. objectives for the Brazos County Communication Plan include the following: • Provide timely and relevant Project communications to County representatives • Increase Project visibility and awareness for internal and external County users • Reduce fear, uncertainty, and rumors through accurate and timely communications • Develop a mechanism which allows internal and external County users to provide input or feedback and communicate concerns throughout the duration of the project • Acknowledge and celebrate milestones in the successful progress of the project Provide relevant information to project teams A16 "CAD Page (5 Vol. 1 (�-; 7 Pg 10 a Brazos County, TX Comprehensive Integrated Justice Information Management System Communication Plan 2.0 Communication Flow for Internal and External Justice Users AMCAD will build and present Quarterly Project Performance and Status Reports to the Brazos County project team at the end of each quarter. The County may determine how they wish to distribute the information contained within these reports to the County Departments, Depending on the type of information, the County may construct Newsletters for distribution and decide to make select information available on a SharePoint site for internal County users. The contents of these newsletters and available information will be determined by the County. AMCAD will hold weekly project staff meetings and review any tasks, issues, deliverables or risks and provide brief status updates as they relate to the short term look ahead Project Schedule. These meetings will be an appropriate forum, in which project staff memebers may address any questions, comments or concerns they may have. General project information, such as newsletters will be sent to internal users of the Brazos County Network by the Brazos County Project Manager. In an effort to ensure project communication correctness and consistency, and to prevent the issuing of duplicate messages, the Brazos County Project Manager and the project staff will work together to review project communications prior to dissemination. All project communications provided to external County users will be directed by Brazos County. AMCAD will not communicate any project related issues to anyone outside of the Brazos County project staff. 2.1 Communication Matrix for Internal and External Justice Users The following table outlines to whom h � a communication ommuni is to be snt by information provided (Communication Type ), (Person(s) Responsible ). 10 AMCAD Vol. l Pg. oJ Page lb Communication Type Communication Method Frequency Person(s) Res Target Audience Information Technology • As directed As directed . As directed • CIJIMS CIO Department • CIJIMS Court Team • As directed • As directed As directed Project Manager • CIJIMS Jail Team • As directed • As directed • As directed Project Manager As directed • Quarterly • CIJIMS Project County End Users General Project Information Manager • Presentation at Judicial Conference • Annually CIJIMS Project Manager • CIJIMS • Status Report • Email • Quarterly Project Manager Governance Committees • General Project Information i Newsletter As directed • CIJIMS Project Manager 10 AMCAD Vol. l Pg. oJ Page lb Brazos County, TX Comprehensive Integrated Justice Information Management System Communication Plan • CIJIMS Presentations As directed Project 10 AAACAD vol. 15 7 p / o 4 Page 17 Brazos County, TX Comprehensive Integrated Justice information Management System Communication Plan 3.0 Brazos County and AMCAD Project Staff Communication The Brazos County Comprehensive Integrated Justice Information Solution Project consists of many project teams, for example, the Court team, the Jail team, etc. Each project team consists of both AMCAD and Brazos County staff members. Project teams will communicate with each other on a periodic base�to �ensure be WI {lc conduct information is conveyed. kly status meetings Aord AD and Brazos County pro) as necessary. too Page 1$ Aug Vo l. �pTE Op Brazos County, TX Comprehensive Integrated Justice Information Management System ' Communication flan a Err F 0� Attachments None to page J9 AMCAE) l d & yea Case 41 et Brazos County, TX Comprehensive Integrated Justice Information Management System Prepared and Submitted 8y. AMCAD 220 Spring Street Suite 150 Herndon, VA 20170 It$ , 0 )WC/ Technology • 1- 0%'T • N09FOas Change Control Plan Version 3.0 v ®r. 1 G 7 ev, 167 PS r, uy r V r e� Yrr OP p. Brazos County, TX Comprehensive Integrated Justice Information Management System Change Control Plan Document Revisions Ver. # Date Editor Description of Change 0.1 01/04/2012 Steve Document Created 1.0 01/20/2012 _Pontius Steve Pontius Document Submitted for Review 11 01/27/2012 Steve Pontius J Document Revised 2.0 0112912012 Steve Pontius Document Resubmitted for Review 2.1 01/31/2012 Steve Pontius Document Revised 3.0 02/01/2012 Steve Pontius Document Resubmitted for Approval A'A A MC AD Page 12 Vol. 5 pg• f o F Brazos County, TX Comprehensive Integrated Justice Inf Management System Change Control Plan Table of Contents DocumentRevisions ........................ ......................... ............................................ Tableof Contents ........................................... ............ ....... ................... ................ Change Control Plan Signoff ................................................. ............................... 1.0 Overview ................ 2.0 Change Control Process .......................................... ............................... 2.1 Change Order Initiation............. ............................ ............................... 2.2 Impact Analysis ................. .............................. . 2.3 Review and Decision ............................................ ............................... 2.4 Implementation and Closure.. ............................................................ - ..........2 ..........3 ..........4 ..........5 ..........6 ..................7 ..................7 ..................8 ...........8 2.5 Change Monitoring and Control ............................................ ......... ......................... 8 3.0 Process Workflow Roles and Responsibilities ............................ .............................10 Attachments...................................................................................... ............................. to /aMCAD Vol. __—L -.t— PS• / b 9 Page 13 Brazos County, TX Comprehensive Integrated Justice Information Management System Change Control Plan Change Control Plan Signoff This Change Control Plan represents a project deliverable, defined in terms of the contract. The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this Change Control Plan. Accepted and Agreed To: AMCAD By: (Auth ri d i ture) (Print or Type Name) RIEW Z "CAD Brazos ou By: (Authorized Signature) (Print Name) COUN ld (Title) /� Vol. Pg. Page 14 ,,iE ok t v cC�rl �DS H�� 11+ Brazos County, TX Comprehensive Integrated Justice Information Management System Change Control Plan 1.0 Overview The Change Control Plan addresses and formally defines the processes required for managing change for the Brazos County, TX Comprehensive integrated Justice Information Management Solution (CIJIMS) Project. These processes include systematic evaluation, coordination, approval or disapproval of proposed changes and the implementation of approved changes. A change is defined as a request to modify the schedule, scope, cost, policies and procedures, or quality of deliverables for the Brazos County, TX CIJIMS Project. The baseline project documents, which define these items include the Statement of Work (SOW), Project Schedule and/or other contractually approved documents, such as the Project Management Plan. Only the Brazos County Chief Information officer can authorize additional funding or schedule relief for any change order. This process ensures management and control over the following: • Scope, schedule, resources, cost, and deliverables • Visibility of scope and cost changes • Effective team communication of all changes • Clear roles and responsibilities with regard to managing changes Effective interface to configuration management • Consistent quality of outputs and meeting County's needs • Consistent decision making regarding the implementation of change throughout the project organization to AMCAD Vol. 5 gig. ��� Page 15 Brazos County, TX Comprehensive Integrated Justice Information Management System Change Control Plan 2.0 Change Control Process The Change Control process occurs in the following phases: • Change Order Initiation • impact Analysis • Review and Decision • Action and Closure • Change Monitoring and Control Below is the high -level process flow of the change control process: New Change Order Yes Update a0 Project too ..CAD / � a Page 16 voi.____L_Z_ Brazos County, TX Comprehensive integrated Justice Information Management System Change Control Vian 2.1 Change Order initiation Changes are initiated for a variety of reasons, such as: • The County may initiate a change order because the legal or County environment needs or goals have changed since the beginning of the project • Project team members may identify issues during the project = A risk may require a response plan's execution or a contingency plan's approval Project team members may find aspects of the original specification that are no longer optimal Project managers, representing various project teams or County users, will submit a Change Order (CO) form which includes a description of the proposed change, the reason for the change, and their recommendation of the priority for the change implementation. The COs implementation is based upon the level of priority. COs are classified as having high, medium, or low priority based on the following: Critical nature or level of importance to the Project Schedule impact Cost impact Change handling all Change Orders, Change can responsible for originate f from AMCAD or the County. g The PM reviews change orders to ensure that the information contained within the Change Order is complete and that the change order is reasonable. In the event where COs are missing critical data, the CO will be sent back to AMCAD for a resubmission. Acceptance of the CO triggers a review by Change Control Board (CCB) members. The CCB is a County- defined body responsible for reviewing and recommending all change orders for management approval. The CCB is chaired by the County Chief Information Officer and includes selected individuals from the County and AMCAD project teams, The listing of the current CCB members, with contact information, will be maintained on the CIJIMS Project Management website. 2.2 impact Analysis The Impact Analysis phase of the process begins with the PM scheduling a CCB review meeting for new COs. The initial review provides an opportunity for anyone attending the review meeting to ask questions, voice concerns or clarify outstanding issues surrounding the Change Order. For the COs which pass the initial review, the CCB determines the following: Feasibility /validity of change order Need for further analysis and its due date Effort and resources required to conduct detailed analysis if the approved CO does not require further analysis, the PM will send it to the County Chief Information Officer for an approval decision. However, if the CO requires additional analysis, then the AMCAD PM will conduct the analysis and prepare an analysis report. For the purpose of simplicity and consistency, any additional analysis of the change order will be documented in the change order template. The change order template will be the standard AMCAD change order document. This analysis report will estimate the effort required for the proposed change as well as potential schedule impacts and cost impacts associated with the CO. Furthermore, the impact of not implementing the proposed change will be evaluated. The PM will examine the impact of the change on various factors, t page 17 AAACAD Vol. 167 pg. /0 Brazos County, TX Comprehensive Integrated Justice Information Management System Change Control Plan iy o f such as cost, schedule, resources, and quality, as well as its impact on all project documents and solution components. The PM should give special attention to the following: • Possible alternatives to the proposed change • All costs associated with the change, including additional releases, integrations, or testing cycles • Impacts on equipment, configuration, capacity, and performance • Additions to user documentation and training requirements Based on the impact analysis, the PM will determine if the proposed priority for the CO is appropriate. After the analysis is complete, the PM will document the details and notify the County, who schedules the post - analysis CCB review. 2.3 Review and Decision The PM will schedule a post- analysis review, where the impact assessment is discussed. The post - analysis review will weigh the results of the CO impact analysis and make a decision to proceed with final approval or to request further information before proceeding with the final approval. If the CCB recommends approval of the change order, the AMCAD PM will send the CO to the County Chief Information Officer for a final approval. The County Chief Information Officer's approval authorizes the change, including any funding and 1 or schedule revision. 2.4 Implementation and Closure If the CCB or the County Chief Information Officer disapproves the CO, then the decision and its reasons are documented in the CO. Rejected COs are closed and archived by the PM. For approved COs, the implementers (County and AMCAD) ensure that proper implementation, verification, and quality control actions are implemented. The project plans are revised to reflect any changes in the project scope, time, cost, resources, quality and processes as a result of the decision. Typical actions taken during implementation of a CO may include the following: Updating the project plans to reflect changes to the schedule, usage of resources, and cost • Changing configuration items as outlined in the change order to solve the identified problem or to implement the recommended change Tracking the implementation status of the change order. The implemen#er is responsible far providing the status information to the PM After the PM verifies that all components of the CO have been implemented, the CO will be closed and archived. 2.5 Change Monitoring and Control The County PM will lead CO monitoring and management. Change monitoring and control is the process of tracking the progress of open COs through all phases until closure. The COs will be tracked via a CO Log. Open COs will be reviewed once a month. The following activities are performed during the CO monitoring and control process: • Review of CO status • The County PM update and document progress on impact analysis or implementation • If necessary, project documents are updated to align with the CO implementation 1 0 10 AM CAD Page 18 Vol.— Z_Pa. ��`� S ASE Brazos County, TX Comprehensive Integrated Justice Information Management System Change Control Plan �f rot �ti • New issues encountered during the Change Management process are identified /010 Page 19 AMC/ D VOI. _ � P9. //5 Brazos County, TX Comprehensive Integrated Justice I Management System Change Control Plan 3.0 Process Workflow Roles and Responsibilities The following is the definition of each functional role in support of the change process with a description of their duties listed. The appropriate abbreviation for the defined role is also listed. Role Abbreviation Description Change Control Board CCB 1. Reviews change orders 2. Recommends change order actions 3. Determines need for Impact Analysis Change orderor CR 1. Reports the Change Order in the form of a CO (Change Order) 2. Identifies issue /enhancement as appropriate 3. Completes required documentation 4. Attends meetings, if appropriate Project Manager PM 1. Documents and reviews the submitted COs 2. Coordinates the CCB meetings 3. Secures management approval 4. Collects required approval signatures 5. Validates Change Implementations and closes COs 6. Ensures project documents are updated when the change is approved 7. Assists with CO monitoring and management & Maintains the CO log and conducts the monthly CO meetings, when necessa County Chief Information CIO i 1. Provides final approval or disapproval for CO Officer — 1 0 10 "CAD Vol. 16 7 pg. l Page 110 AE uE J {. Brazos County, TX Comprehensive Integrated .Justice Information Management System Change Control Plan f y^ YTY D f Nit T Attachments None ISO -- Page X91 AMC/-\D 2 j pg Vol 7 . IRON MOUNTAIN` Effective Date Deposit Account Number *Effective Date and Deposit Account Number to be supplied by Iron Mountain only Three -Party Escrow Service Agreement 1. Introduction This Three Party Escrow Service Agreement (the "Agreement ") is entered into by and between American Cadastre L.L.C. (dba AMCAD) (the "Depositor"), and by the Brazos County, TX Information Technology Department (the "Beneficiary") and by Iron Mountain Intellectual Property Management,. Inc. ( "Iron Mountain"). Depositor, Beneficiary, and Iron Mountain may be referred to individually as a "Party" or collectively as the "Parties" throughout this Agreement. (a) The use of the term services in this Agreement shall refer to Iron Mountain services that facilitate the creation, management, and enforcement of software or other technology escrow accounts as described in Exhibit A attached hereto ( "Services "). A Party shall request Services under this Agreement by submitting a work request for certain Iron Mountain Services ( "Work Request ") via written instruction or the online portal maintained at the website located at www.ironmountainconnect.com or other websites owned or controlled by Iron Mountain that are linked to that website (collectively the "iron Mountain Website"). (b) The Beneficiary and Depositor have, or will have, entered into a license agreement or other agreement ( "License Agreement ") conveying intellectual property rights to the Beneficiary, and the Parties intend this Agreement to be considered as supplementary to such agreement, pursuant to Title 11 United States [Bankruptcy] Code, Section 365(n). 2. Depositor Responsibilities and Representations (a) Depositor shall make an initial depositthat is complete and functional of all proprietary technology and other materials covered under this Agreement ( "Deposit Material ") to Iron Mountain within thirty (30) days of the Effective Date. Depositor may also update Deposit Material from time to time during the Term (as defined below) of this Agreement provided a minimum of one (1) complete and functional copy of Deposit Material is deposited with Iron Mountain at all times. At the time of each depositor update, Depositor will provide an accurate and complete description of all Deposit Material sent to Iron Mountain using the form attached hereto as Exhibit B. (b) Depositor represents that it lawfully possesses all Deposit Material provided to Iron Mountain under this Agreement and that any current or future Deposit Material liens or encumbrances will not prohibit, limit, or alter the rights and obligations of Iron Mountain under this Agreement, Depositor warrants that with respect to the Deposit Material, Iron Mountain's proper administration of this Agreement will not violate the rights of any third parties. (c) Depositor represents that all Deposit Material is readable and useable in its then current form; if any portion of such Deposit Material is encrypted, the necessary decryption tools and keys to read such material are deposited contemporaneously. (d) Depositor agrees, upon request by Iron Mountain, in support of Beneficiary's request for verification Services, to promptly complete and return the Escrow Deposit Questionnaire attached hereto as Exhibit Q. Depositor consents to Iron Mountain's performance of any level(s) of verification Services described in Exhibit A attached hereto and Depositor further consents to Iron Mountain's use of a subcontractor to perform verification Services. Any such subcontractor shall be bound by the same confidentiality obligations as Iron Mountain and shall not be a direct competitor to either Depositor or Beneficiary. Iron Mountain shall be responsible for the delivery of Services of any such subcontractor as if Iron Mountain had performed the Services. Depositor represents that all Deposit Material is provided with all rights necessary for Iron Mountain to verify such proprietary technology and materials upon receipt of a Work Request for such Services or agrees to use commercially reasonable efforts to provide iron Mountain with any necessary use rights or permissions to use materials necessary to perform verification of the Deposit Material. Depositor agrees to reasonably cooperate with Iron Mountain by providing reasonable access to its technical personnel for verification Services whenever reasonably necessary. 3. Beneficiary Responsibilities and Representations (a) Beneficiary acknowledges that, as between Iron Mountain and Beneficiary, Iron Mountain's obligation is to maintain the Deposit Material as delivered by the Depositor and that, other than Iron Mountain's inspection of the Deposit Material (as described in Section 4) and the performance of any of the optional verification Services listed in Exhibit A, Iron Mountain has no other obligation regarding the completeness, accuracy, or functionality of the Deposit Material. 3P.US %IPMf10.01.11 02011 Iron Mountain Incorporated Page 1 o €14 Vol. j 5 7 pg. I t (5� (b) Beneficiary may submit a verification Work Request to Iron Mountain for one or more of the Services defined in Exhibit A attached hereto and consents to Iron Mountain's use of a subcontractor if needed to provide such Services. Beneficiary warrants that Iron Mountain's use of any materials supplied by Beneficiary to perform the verification Services described in Exhibit A is lawful and does not violate the rights of any third parties. 4. Iron Mountain Responsibilities and Representations (a) Iron Mountain agrees to use commercially reasonable efforts to provide the Services requested by Authorized Person(s) (as identified in the "Authorized Persons) /Notices Table" below) representing the Depositor or Beneficiary in a Work Request. Iron Mountain may reject a Work Request (in whole or in part) that does not contain all required information at any time upon notification to the Party originating the Work Request. (b) Iron Mountain will conduct a visual inspection upon receipt of any Deposit Material and associated Exhibit B. If Iron Mountain determines that the Deposit Material does not match the description provided by Depositor represented in Exhibit B, Iron Mountain will notify Depositor of such discrepancy. (c) Iron Mountain will provide notice to the Beneficiary of all Deposit Material that is accepted and deposited into the escrow account under this Agreement. (d) Iron Mountain will follow the provisions of Exhibit C attached hereto in administering the release of Deposit Material. (e) Iron Mountain will work with a Party who submits any verification Work Request for Deposit Material covered under this Agreement to either fulfill any standard verification Services Work Request or develop a custom Statement of Work ( "SOW "). Iron Mountain and the requesting Party will mutually agree in writing to an SOW on terms and conditions that include but are not limited to: description of Deposit Material to be tested; description of verification testing; requesting Party responsibilities; Iron Mountain responsibilities; Service Fees; invoice payment instructions; designation of the paying Party; designation of authorized SOW representatives for both the requesting Party and iron Mountain with name and contact information; and description of any final deliverables prior to the start of any fulfillment activity. After the start of fulfillment activity, each SOW may only be amended or modified in writing with the mutual agreement of both Parties, in accordance with the change control procedures set forth therein. If the verification Services extend beyond those described in Exhibit A, the Depositor shall be a necessary Party to the SOW governing the Services. {f) Iron Mountain will hold and protect Deposit Material in physical or electronic vaults that are either owned or under the control of Iron Mountain, unless otherwise agreed to by all the Parties. (g) Upon receipt of written instructions by both Depositor and Beneficiary, Iron Mountain will permit the replacement or removal of previously submitted Deposit Material. The Party making such request shall be responsible for getting the other Party to approve the joint instructions. Any Deposit Material that is removed from the deposit account will be either returned to Depositor or destroyed in accordance with Depositors written instructions. (h) Should transport of Deposit Material be necessary in order for Iron Mountain to perform Services requested by Depositor or Beneficiary under this Agreement, Iron Mountain will use a commercially recognized overnight carrier such as Federal Express or united Parcel Service. Iron Mountain will not be responsible for any loss or destruction of, or damage to, such Deposit Material while in the custody of the common carrier, 5. Payment The Party responsible for payment designated in Exhibit A ( "Paying Party") shall pay to Iron Mountain all fees as set forth in the Work Request ( "Service Fees "). All Service Fees are due within thirty (30) calendar days from the date of invoice in U.S. currency and are non - refundable. Iron Mountain may update Service Fees with a ninety (90) calendar day written notice to the Paying Party during the Term of this Agreement (as defined below). The Paying Party is liable for any taxes (other than Iron Mountain income taxes) related specifically to Services purchased under this Agreement or shall present to Iron Mountain an exemption certificate acceptable to the taxing authorities. Applicable taxes shall be billed as a separate item on the invoice. Any Service Fees not collected by Iron Mountain when due shall bear interest until paid at a rate of one percent (1 %) per month (12% per annum) or the maximum rate permitted by law, whichever is less. Notwithstanding the non- performance of any obligations of Depositor to deliver Deposit Material under the License Agreement or this Agreement, Iron Mountain is entitled to be paid all Service Fees that accrue during the Term of this Agreement. 6. Term and Termination (a) The term of this Agreement is for a period of one (1) year from the Effective Date ( "Initial Term ") and will automatically renew for additional one (1) year terms ( "Renewal Term ") (collectively the "Term "). This Agreement shall continue in full force and effect until one of the following events occur: (i) Depositor and Beneficiary provide Iron Mountain with sixty (60) days' prior written joint notice of their intent to terminate this Agreement; (ii) Beneficiary provides Iron Mountain and Depositor with sixty (60) days' prior written notice of its intent to terminate this Agreement; (iii) the Agreement terminates under another provision of this Agreement; or (iv) anytime after the Initial Term, Iron Mountain provides sixty (60) days' prior written notice to the Depositor and Beneficiary of Iron Mountain's intent to terminate this Agreement. Effective Date and Deposit Account Number to be supplied by Iron Mountain only. The Effective Date supplied by Iron Mountain and specified above shall be the date Iron Mountain sets up the escrow account. 3P.US /IPM /10.01.11 02011 Iron Mountain Incorporated Page 2 of 14 Vol. 1 pg. 11 (b) Unless the express terms of this Agreement provide otherwise, upon termination of this Agreement, Iron Mountain shall return the Deposit Material to the Depositor. Unless otherwise directed by Depositor, Iron Mountain will use a commercially recognized overnight common carrier such as Federal Express or United Parcel Service to return the Deposit Material to the Depositor. Iron Mountain will not be responsible for any loss or destruction of, or damage to, such Deposit Material while in the custody of the common carrier. If reasonable attempts to return the Deposit Material to Depositor are unsuccessful,, Iron Mountain shall destroy the Deposit Material. (c) In the event of the nonpayment of undisputed Service Fees owed to Iron Mountain, Iron Mountain shall provide all Parties to this Agreement with written notice of Iron Mountain's intent to terminate this Agreement. Any Party to this Agreement shall have the right to make the payment to Iron Mountain to cure the default. If the past due payment is not received in full by Iron Mountain within thirty (30) calendar days of the date of such written notice, then Iron Mountain shall have the right to terminate this Agreement at any time thereafter by sending written notice to all Parties. Iron Mountain shall have no obligation to perform the Services under this Agreement (except those obligations that survive termination of this Agreement, which includes the confidentiality obligations in Section 9) so long as any undisputed Service Fees due Iron Mountain under this Agreement remain unpaid. 7. Infringement Indemnification Anything in this Agreement to the contrary notwithstanding, Depositor at its own expense shall defend and hold Iron Mountain fully harmless against any claim or action asserted against Iron Mountain (specifically including costs and reasonable attorneys' fees associated with any such claim or action) to the extent such claim or action is based on an assertion that Iron Mountain's proper administration of this Agreement infringes any patent, copyright, license or other proprietary right of any third party. When Iron Mountain has notice of a claim or action, it shall promptly notify Depositor in writing. At its option, Depositor may elect to control the defense of such claim or action and may elect to enter into a settlement agreement, provided that no such settlement or defense shall include any admission or implication of wrongdoing on the part of Iron Mountain without Iron Mountain's prior written consent, which consent shall not be unreasonably delayed or withheld. Iron Mountain shall have the right to employ separate counsel and participate in the defense of any claim at its awn expense. B. Warranties (a) IRON MOUNTAIN WARRANTS ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER CONSISTENT WITH THE MEASURES IRON MOUNTAIN TAKES TO PROTECT ITS OWN INFORMATION OF A SIMILAR NATURE, BUT IN NO CASE LESS THAN A REASONABLE LEVEL OF GORE. EXCEPT AS SPECIFIED IN THIS SECTION, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY IRON MOUNTAIN PROMPTLY UPON LEARNING OF ANY CLAIMED BREACH OF ANY WARRANTY AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, SUCH PARTY'S REMEDY FOR BREACH OF THIS WARRANTY SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES WAIVER IN THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. (b) Depositor warrants that all Depositor information provided hereunder is accurate and reliable and undertakes to promptly correct and update such Depositor information during the Term of this Agreement. (c) Beneficiary warrants that all Beneficiary information provided hereunder is accurate and reliable and undertakes to promptly correct and update such Beneficiary information during the Term of this Agreement. 9. Confidential Information Iron Mountain shall have the obligation to implement and maintain safeguards designed to protect the confidentiality of the Deposit Material. Except as provided in this Agreement Iron Mountain shall not use or disclose the Deposit Material. Iron Mountain shall not disclose the terms of this Agreement to any third party other than its financial, technical, or legal advisors, or its administrative support service providers. Any such third party shall be bound by the same confidentiality obligations as Iron Mountain. If Iron Mountain receives a subpoena or any other order from a court or other judicial tribunal pertaining to the disclosure or release of the Deposit Material, Iron Mountain will promptly notify the Parties to this Agreement unless prohibited by law. After notifying the Parties, Iron Mountain may comply in good faith with such order. It shall be the responsibility of Depositor or Beneficiary to challenge any such order; provided, however, that Iron Mountain does not waive its rights to present its position with respect to any such order. Iron Mountain will cooperate with the Depositor or Beneficiary, as applicable, to support efforts to quash or limit any subpoena, at such Party's expense. Any Party requesting additional assistance shall pay Iron Mountain's standard charges or as quoted upon submission of a detailed request. 10. Li mitation of Liability EXCEPT FOR: (1) LIABILITY FOR DEATH OR BODILY INJURY; (II) PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (111) THE INFRINGEMENT INDEMNIFICATION OBLIGATIONS OF SECTION 7, ALL OTHER LIABILITY RELATED TO THIS AGREEMENT, IF ANY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, OF ANY PARTY 3P.US /IPM /10.01.11 02011 Iron Mountain Incorporated Page 3 of 14 Vol t PS. ]do 11. 12. TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT EQUAL TO ONE YEAR OF FEES PAID TO IRON MOUNTAIN UNDER THIS AGREEMENT. IF CLAIM OR LOSS IS MADE IN RELATION TO A SPECIFIC DEPOSIT OR DEPOSITS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES RELATED SPECIFICALLY TO SUCH DEPOSITS. Consequential Damages Waiver IN NO EVENT SHALL ANY PARTY TO THIS AGREEMENT BE LIABLE TO ANOTHER PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, ANY COSTS OR EXPENSES FOR THE PROCUREMENT OF SUBSTITUTE SERVICES (EXCLUDING SUBSTITUTE ESCROW SERVICES), OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EVEN IF THE POSSIBILITY THEREOF MAY BE KNOWN IN ADVANCE TO ONE OR MORE PARTIES. General (a) Incorporation of Work Requests All valid Depositor and Beneficiary Work Requests are incorporated into this Agreement. (b) Purchase Orders In the event that the Paying Party issues a purchase order or other instrument used to pay Service Fees to Iron Mountain, any terms and conditions set forth in the purchase order which constitute terms and conditions which are in addition to those set forth in this Agreement or which establish conflicting terms and conditions to those set forth in this Agreement are expressly rejected by Iron Mountain. (c) Rig to Make Copies. Iron Mountain shall have the right to make copies of all Deposit Material as reasonably necessary to perform the Services. Iron Mountain shall copy all copyright, nondisclosure, and other proprietary notices and titles contained on Deposit Material onto any copies made by Iron Mountain. Any copying expenses incurred by Iron Mountain as a result of a Work Request to copy will be borne by the Party requesting the copies. Iron Mountain may request Depositor's reasonable cooperation in promptly copying Deposit Material in order for Iron Mountain to perform this Agreement. (d) Choic of Law The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the Commonwealth of Massachusetts, USA, as if performed wholly within the state and without giving effect to the principles of conflicts of laws. (e) Authorized Person(s Depositor and Beneficiary must each authorize and designate one person whose actions will legally bind such Party ( "Authorized Person" who shall be identified in the Authorized Person(s) Notices Table of this Agreement or such Party's legal representative) and who may manage the Iron Mountain escrow account, through the Iron Mountain website or written instruction. The Authorized Person for each the Depositor and Beneficiary will maintain the accuracy of their name and contact information provided to Iron Mountain during the Term of this Agreement. (f) Right to Rely on Instructions With respect to release of Deposit Material or the destruction of Deposit Material, Iron Mountain shall rely on instructions from a Party's Authorized Person(s), In all other cases, Iron Mountain may act in reliance upon any instruction, instrument, or signature reasonably believed by Iron Mountain to be genuine and from an Authorized Person(s), officer, or other employee of a Party. Iron Mountain may assume that such representative of a Party to this Agreement who gives any written notice, request, or instruction has the authority to do so. Iron Mountain will not be required to inquire into the truth of, or evaluate the merit of, any statement or representation contained in any notice or document reasonably believed to be from such representative. (g) Force Maieure No Party shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused Party shall be extended on a day -to -day basis for the time period equal to the period of the excusable delay_ (h) Notices All notices regarding Exhibit C (Release of Deposit Material) shall be sent by commercial express mail or other commercially appropriate means that provide prompt delivery and require proof of delivery; All other correspondence, including invoices, payments, and other documents and communications, may be sent electronically or via regular mail. The Parties shall have the right to rely on the last known address of the other Parties. Any correctly addressed notice to the last known address of the other Parties that is relied on herein, that is refused, unclaimed, or undeliverable shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by electronic mail, the postal authorities, or through messenger or commercial express delivery service. (i) No Waiver No waiver of any right under this Agreement by any Party shall constitute a subsequent waiver of that or any other right under this Agreement. (j) Assignment No assignment of this Agreement by Depositor or Beneficiary or any rights or obligations of Depositor or Beneficiary under this Agreement is permitted without the written consent of Iron Mountain, which shall not be unreasonably withheld or delayed. Iron Mountain shall have no obligation in performing this Agreement to recognize any successor or assign of Depositor or Beneficiary unless Iron Mountain receives clear, authoritative and conclusive written evidence of the change of Parties. (k) Severability. In the event any of the terms of this Agreement become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect. If this paragraph 3P.US /IPM /10.01.11 02011 Iron Mountain Incorporated Page 4 of 14 Vol. I e;7 pg. j �l becomes applicable and, as a result, the value of this Agreement is materially impaired for any Party, as determined by such Party in its sole discretion, then the affected Party may terminate this Agreement by written notice to the other Parties. (1) Independent Contractor Relationship Depositor and Beneficiary understand, acknowledge, and agree that Iron Mountain's relationship with Depositor and Beneficiary will be that of an independent contractor and that nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, or employment relationship. (m) Attorneys' Fees Any costs and fees incurred by Iron Mountain in the performance of obligations imposed upon Iron Mountain solely by virtue of its role as escrow service provider including, without limitation, compliance with subpoenas, court orders, and discovery requests shall, unless adjudged otherwise, be divided equally and paid by Depositor and Beneficiary. In any suit or proceeding between the Parties relating to this Agreement, the prevailing Party will have the right to recover from the other(s) its costs and reasonable fees and expenses of attorneys, accountants, and other professionals incurred in connection with the suit or proceeding, including costs, fees and expenses upon appeal, separately from and in addition to any other amount included in such judgment. This provision is intended to be severable from the other provisions of this Agreement, and shall survive and not be merged into any such judgment. (n) No Agency No Party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other Parties or bind the other Parties in any respect whatsoever. (o) Of_ 5 u tes. Any dispute, difference or question relating to or arising among any of the Parties concerning the construction, meaning, effect or implementation of this Agreement or the rights or obligations of any Party hereof will be submitted to, and settled by arbitration by a single arbitrator chosen by the corresponding Regional office of the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association. The Parties shall submit briefs of no more than 10 pages and the arbitration hearing shall be limited to two (2) days maximum. The arbitrator shall apply Massachusetts law. Unless otherwise agreed by the Parties, arbitration will take place in Boston, Massachusetts, U.S.A. Any court having jurisdiction over the matter may enter judgment on the award of the arbitrator. Service of a petition to confirm the arbitration award may be made by regular mail or by commercial express mail, to the attorney for the Party or, if unrepresented, to the Party at the last known business address. if however, Depositor or Beneficiary refuse to submit to arbitration, the matter shall not be submitted to arbitration and Iron Mountain may submit the matter to any court of competent jurisdiction for an interpleader or similar action. (p) Regulations Depositor and Beneficiary are responsible for and warrant, to the extent of their individual actions or omissions, compliance with all applicable laws, rules and regulations, including but not limited to: customs laws; import; export and re -export laws; and government regulations of any country from or to which the Deposit Material may be delivered in accordance with the provisions of this Agreement. With respect to Deposit Material containing personal information and data, Depositor agrees to (1) procure all necessary consents in relation to personal information and data; and (ii) otherwise comply with all applicable privacy and data protection laws as they relate to the subject matter of this Agreement. Notwithstanding anything in this Agreement to the contrary, if an applicable law or regulation exists or should be enacted which is contrary to the obligations imposed upon Iron Mountain hereunder, and results in the activities contemplated hereunder unlawful, Depositor and /or Beneficiary will notify Iron Mountain and Iron Mountain will be relieved of its obligations hereunder unless and until such time as such activity is permitted. (q) No Third Party Rights This Agreement is made solely for the benefit of the Parties to this Agreement and their respective permitted successors and assigns, and no other person or entity shall have or acquire any right by virtue of this Agreement unless otherwise agreed to by all the Parties hereto. (r) Entire Agreement The Parties agree that this Agreement, which includes all the Exhibits attached hereto and all valid Work Requests and SoWs submitted by the Parties, is the complete agreement between the Parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of all the Parties. (s) Counter arts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. (t) Survival Sections 6 (Term and Termination), 7 (Infringement Indemnification), 8 (Warranties), 9 (Confidential Information), 10 (limitation of liability), 11 (Consequential Damages Waiver), and 12 (General) of this Agreement shall survive termination of this Agreement or any Exhibit attached hereto. (balance of this page left intentionally blank — signature page follows) 3P.US /IPM /10.01.11 42011 Iron Mountain Incorporated Page 5 of 14 ca Vol. IN WITNESS WI .i-- n- -;.,.. 6..,.., A–L, o„a—taa thic Aoroamanr ac of tha Fffpctive Date by their authorized representatives: DEPOSITOR BENEFICIARY Signature Print Name Signature Title Print Name Michael B. Battaglia Print Name Eric Caldwell Title SVP of Corporate Contracts Title Chief Information Officer Date I Date 220 Spring Street, Ste. 150 Email Address mbattaglia @amcad.com Email Address I ecaldwell@brazoscountvtx.gov IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. Signature DEPOSITOR (Required information} Print Name Paula Smith Title Manager, Client Services D ate Title Email Address ipmclientservices @ironmountain.com Authorized Person(s) Notices Table Please provide the name(s) and contact information of the Authorized Person(s) under this Agreement. Please complete all information as applicable. Incomplete information may result in a delay of processing. DEPOSITOR (Required information} BENEFICIARY (Required information) Print Name Michael Battaglia Print Name Eric Caldwell Title SVP of Corporate Contracts Title Chief Information Officer Email Address mbattaglia@amcad.com Email Address ecaidwellPbrazoscountvtx.g_ov Street Address 220 Spring Street, Ste. 150 Street Address 205 East 27` Street Province /City /State Herndon, VA Province /City /State Bryan, TX Postal /Zip Code 20170 Postal /Zip Code 77803 Phone Number 703.787.7775 ext. 140 Phone Number 979. 361.4409 Fax Number 1 703.787.7710 Fax Number 1 979.361.4408 Billing Contact Information Table Please provide the name and contact information of the Billing Contact under this Agreement, All Invoices will be sent to this individual at the address set forth below. DEPOSITOR BENEFICIARY ® Check if some as Authorized Person ® Check if same as Authorized Person Company Name Company Name Print Name Print Name Title Title Email Address Email Address Street Address Street Address Province /City /State Province /City /State Postal /Zip Code Postal /Zip Code Phone Number Phone Number Fax Number Fax Number Purchase Order # Purchase Order # IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. All notices should be sent to ipmclientservices(@ironmountain.com OR Iron Mountain Intellectual Property Management, Inc., Attn: Client Services, 2100 Norcross Parkway, Suite 150, Norcross, Georgia, 30071, USA. Telephone: 800 - 875 -5669. Facsimile: 770 -239 -9201 3P.U5 /MM /10.01.11 02011 Iron Mountain Incorporated Page 6 of 14 Vol. I, G ~ Pg )9,3 Exhibit A Escrow Service Work Request Deposit Account Number G Service Service Description - Three -Party Escrow Service Agreement One- Annual Paying Party Check boxes) to All services are listed below. Services in shaded tattles are required for every new Time Fees Check box to order service escrow account set up. Some services may not be available under the Fees identify the Agreement. Paying Party l ® Setup Fee Iron Mountain will setup a new escrow deposit account using a standard escrow $1,550 Depositor agreement. Custom contrails are subject to the Custom Contract Fee noted ❑ Beneficiary below. ® Deposit Account Fee Iron Mountain will setup one deposit account to manage and administrate $1,OSG ®Depositor accessto Deposit Material that will be secured in a controlled storage ❑ Beneficiary environment. Furthermore, Iron Mountain will provide account services that Include unlimited deposits, electronic vaulting, access to Iron Mountain Connect"' Escrow Management Center for secure online account management, submission of electronic Work Requests, and communication of status. A Client Manager will be assigned to each deposit account and provide training upon request to facilitate secure Internet access to the account and ensure fulfillment ® Beneficiary of Work Requests. An oversize fee of $200 USD per 1.2 cubic foot will be charged $800 ® Depositor Fee for deposits that exceed 2.4 cubic feet. Beneficiary iron Mountain will fulfill a Work Request to add a Beneficiary to an escrow deposit account and manage access rights associated with the account. Beneficiary will have access to Iron Mountain Connect" Escrow Management Center for secure online account management, submission of electronic Work Requests, and communication of status. A Client Manager will be assigned to each deposit account and provide training upon request to facilitate secure Internet access to the account and ensure fulfillment of Work Requests. Add File List Iron Mountain will fulfill a Work Request to provide a File List Test, which $2,500 N/A ❑ Depositor Report includes a deposit media readability analysis, a file fisting, a file classification ❑ Beneficiary table, virus scan outputs, and assurance of completed deposit questionnaire. A final report will be sent to the Paying Party regarding the Deposit Material to ensure consistency between Depositor's representations (i.e., Exhibit B and Deposit Questionnaire) and stored Deposit Material. Deposit must be provided Add Level 1 - on CD, DVD -R, or deposited by sFTP. Iron Mountain will perform an Inventory Test on the initial deposit, which $5,000 or N/A ❑ Depositor Inventory and includes Analyzing deposit media readability, virus scanning, developing file based on ❑ Beneficiary Analysis Test classification tabies, identifying the presence /absence of build instructions, and SOW if I identifying materials required to recreate the Depositor's software development custom environment. Output includes a report which will include build instructions, file work classification tables and listings. In addition, the report will list required required software development materials, including, without limitation, required source code languages and compilers, third -party software, libraries, operating systems, and hardware, as well as iron Mountain's analysis of the deposit. ❑Add Level ,2 — Iron Mountain will fulfill a Work Request to perform a Deposit Compile Test, Based on N/A ❑ Depositor Deposit Compile which includes the outputs of the File Listing Report and the Level 1- Inventory SOW ❑ Beneficiary Test Test as described above plus recreating the Depositor's software development environment, compiling source files and modules, linking libraries and recreating executable code, pass /fail determination, creation of comprehensive build Instructions with a final report sent to the Paying Party regarding the Deposit Material. The Paying Party and Iron Mountain will agree on a custom Statement of Work ( "SOW ") prior to the start of fulfillment. Add Level 3 - iron Mountain will fulfill a Work Request to perform one Deposit Usability Test - Based on N/A ❑ Depositor Binary Binary Comparison which includes a comparison of the files built from the SOW ❑ Beneficiary Comparison Deposit Compile Test to the actual licensed technology on the Beneficiary's site to ensure a full match in file size, with a final report sent to the Requesting Party regarding the Deposit Material. The Paying Party and Iron Mountain will agree on a custom Statement of Work ( "SOW"{ prior to the start of fulfillment. E] Add Level - iron Mountain will fulfill a Work Request to perform one Deposit Usability Test - Based on N/A Depositor Full Usability Full Usability which includes a confirmation that the built applications work SOW [] Benefic!ary properly when installed, based on pre - determined test scripts provided by the Parties. A final report will be sent. to the Paying Party regarding the Deposit Material. The Paying Party and iron Mountain will agree on a custom Statement of Work ("SOW") prior to the start of fulfillment. ❑ Add Deposit At least semi-annually, Iron Mountain will send an update reminder to Depositor. N/A 5450 ❑ Depositor Tracking Thereafter, Beneficiary will be notified of last deposit. ❑ Beneficiary Notification 3P.US /IPM /10.01.11 02011 Iron Mountain Incorporated Page 7 of 14 Vol. I S 2 Pg. 124 ❑ Add :ron Mountain will fulfill a Work Request to store and manage the deposit N/A $S00 Depositor Dual /Remote materials in a remote location, designated by the client, outside of Iron ❑ Beneficiary Vaulting Mountain's primary escrow vaulting location or to store and manage a redundant copy of the deposit materials in one (1) additional location. All Deposit Materials (original and copy must be provided by the Depositor. ❑ Release Iron Mountain will process a Work Request to release Deposit Material by $500 N/A ❑ Depositor Deposit Material followingthe specific procedures defined in Exhibit C "Release of Deposit ❑ Beneficiary Material" t he Escrow Service Agreement. Add Custom Iron Mountain will provide its Escrow Expert consulting based on a custom SOW $200 1hour N/A ❑Depositor ices mu tually agreed to by all Parties. L] Beneficiary rf Custom contracts are subject to the Custom Contract Fee, which covers the $750 N/A Depositor ract fee review and processing of custom or modified contracts. ❑Beneficiary 3P.US /IPM /10.01.11 02011 iron Mountain incorporated Page S of 14 Vol. �' Pg. � � � Exhibit B Deposit Material Description Company Name Deposit Acco Num Deposit Name Deposit Version (Deposit Name will appear in account history reports) Deposit Media lol.. I -.hell All RA—C—ith +i— nl nncit himmo Prnviripd Ahnvpi Media Type Quantity Name Media Type Quantity ❑ CD -ROM J DVD Date 3.5" Floppy Disk El DLTTape ❑ Documentation Telephone Number DAT Tape Hard Drive / CPU _ Circuit Board Total size of Transmission # of Files # of Folders (specify in bytes) --...._...._..._.. - -- Electronic Deposit i Other (please describe belo Deposit Encryption (Please check either "Yes" or "No" below and complete as appropriate) is the media or are any of the files encrypted? ❑Yes or ❑ No if yes, please include any passwords and decryption tools description below. Please also deposit all necessary encryption software with this deposit. Encryption tool name I Version Hardware required Software required Other required information n_. -..:• Dl-,,- tk- k— helms, rn..rartif., anri Prnviria vniir rnntart lnfnrmat El I certify for Depositor that the above described Deposit I Material has been transmitted electronically or sent via i commercial express mail carrier to Iron Mountain at the address below. El Iron Mountain has inspected and accepted the above described Deposit Material either electronically or physically. Iron Mountain will notify Depositor of any discrepancies. Name _ Name Date Date Email Address Telephone Number Fax Number Note: If Depositor is physically sending Deposit Material to Iron Mountain please label all media and mail all Deposit Material with the appropriate Exhibit B via commercial express carrier to the following address: Iron Mountain Intellectual Property Management, Inc. Attn: Vault Administration 2100 Norcross Parkway, Suite 150 Norcross, GA 30071 Telephone: 800 -875 -5669 Facsimile: 770 - 239 -9201 3P,US/IPM/10.01.11 02011 Iran Mountain Incorporated Page 9 of 14 1;�( Vol. --LS—ZPg - -------- Exhibit C Release of Deposit Material Deposit Account Number Iran Mountain will use the following procedures to process any Beneficiary Work Request to release Deposit Material. All notices under this Exhibit C shall be sent pursuant to the terms of Section 12'(h) Notices. 1. Release Conditions Depositor and Beneficiary agree that a Work Request for the release of the Deposit Material shall be based solely on one or more of the following conditions (defined as "Release Conditions "). 0) Depositor's breach of the license agreement or other agreement between the Depositor and Beneficiary regulating the use of the Deposit Material covered under this Agreement; or (ii) Failure of the Depositor to function as a going concern or operate in the ordinary course; or (iii) Depositor is subject to voluntary or involuntary bankruptcy. 2. Release Work Reguest A Beneficiary may submit a Work Request to Iron Mountain to release the Deposit Material covered under this Agreement, Iron Mountain will send a written notice of this Beneficiary Work Request within five (5) business days to the Depositor's Authorized Person. 3. Contrary Instructions From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor Authorized Person(s) shall have ten (10) business days to deliver to Iron Mountain contrary instructions. Contrary instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured ( "Contrary Instructions "). Contrary Instructions shall be on company letterhead and signed by a Depositor Authorized Person. Upon receipt of Contrary Instructions, Iron Mountain shall promptly send a copy to Beneficiary's Authorized Person(s). Additionally, Iron Mountain shall notify both Depositor and Beneficiary Authorized Person(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary with instructions to release the Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) withdrawal of Contrary Instructions from Depositor's Authorized Person or legal representative; or (iv) receipt of an order from a court of competent jurisdiction. 4. Release of Deposit Material If Iron Mountain does not receive timely Contrary Instructions from a Depositor Authorized Person, Iron Mountain is authorized to release Deposit Material to the Beneficiary. Iron Mountain is entitled to receive any undisputed, unpaid Service Fees due Iron Mountain from the Parties before fulfilling the Work Request to release Deposit Material covered under this Agreement, Any Party may cure a default of payment of Service Fees. S. Termination of Agreement Upon Release This Agreement will terminate upon the release of Deposit Material held by Iron Mountain. 6. Right to Use Following Release Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with this Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Material. 3P.US /IPM /10.01.11 Q2011 Iron Mountain Incorporated Page 10 of 14 Vol. S — Pg• I cP- 7 ,& RZON MOUI NJAI N" EXIIIBITQ E SCROW DEPOSIT Qt;F.STIONNAIRE? 1"froduction From time to time, technology escrow beneficiaries may exercise their right to perform verification services. This is a service that Iron Mountain provides for the purpose of validating relevance, completeness, currency, accuracy and functionality of deposit materials. Purpose of Questionnaire In order for Iron Mountain to determine the deposit material requirements and to quote fees associated with verification services, a completed deposit questionnaire is requested. It is the responsibility of the escrow depositor to complete the questionnaire. Instructions Please complete the questionnaire in its entirety by answering every question with accurate data. Upon completion, please return the completed questionnaire to the beneficiary asking for its completion. Escrow Deposit Questionnaire General Description 1. What is the general function of the software to be placed into escrow? Software placed in escrow contains source code for the ANICAD software which has been purchased by the Brazos County Information Technology Department and all other development coding done by AMCAD for Brazos County. ?. On what media will the source code be delivered? External hard drive 3. If the deposit is on magnetic tape media, what tape format (e-g. DAT DDS4, DLT 8000,1_.TO -3 etc.) will be used for the deposit? We are not using magnetic tape media 4. Again if the deposit is on tape, what operating system and version was used to create the tape and what tools (either native OS or commercial (e.g. Backup Exec, NetBackup, etc.) were used to load the data; if a third party or commercial software tool was used, please specify the vendor and exact version of the tool used. We are not using magnetic tape media 5. Wi11 the deposit be in the format of a database /repository of any type of Version ing or Configuration Management Tool (e.g. Visual Source Safe, Clearcase, Perforce, etc.) or will the software in the deposit be in a clear text/native file system format? If a Versioning or CM tool will be necessary to examine any part the deposit contents, please specify the Vendor and tool and exact version used. No versioning or CM tool is required to the view the source code. 6. is the software deposit encrypted, including password protected archives, in anv way? If so, what tool and version will be used to perform the encryption and will all necessary userid's, passwords or encryption keys be provided to support extraction of the software? No encryption was performed, it is one external hard drive 7. What is the total uncompressed size of the deposit in megabytes? It should be less than 1000 NIB. Requirements for the Execution of the Software Protected by the Deposit 1. What are the system hardware requirements to successfully execute the software? (memory, disk space, etc.); please include any additional peripheral devices that may be necessary to support correct function of the softwareisystem. 3P.U5(IPMj10.01.11 02011 Iron Mountain Incorporated � 1 Page 11 of 14 Vol. Pg• l Windows XP /Vista/7 machine with at least 2 GB RAM and 50 GB hard disk space. 2. What is the minimum number of machines required to completely set up the software sufficient to support functional testing? What Operating systems and version are required for each machine? In addition to specifications for client machine specified in ,41, two more servers are also required. Both servers need to have Windows Server 2003 or newer and one of the servers need to have SQL Server 2005 or later installed. 3. Beyond the operating systems, what additional third party software and tools are required to execute the escrowed software and verify correct operation? Please provide vendor and versions of all third party tools or libraries required to completely configure a system suitable to support functional testing. Microsoft Visual Studio 2010 (with VB.NET and C #.NET module) and NET Framework 4.0 is required to compile the source code. 4. If a database of any kind is required to support functional testing of the software, does the escrow deposit contain or can the depositor provide scripts and backups /imports necessary to create a database instance suitable to support functional testing. Note: a database containing test data is satisfactory to support functional testing so long as the data is realistic. Yes, the escrow deposit contains the SQL Server database required to support the functional testing of the software. 5. Approximately how much time is required to setup and configure a system suitable to support functional testing? It should be between 2 to 4 hours. 6, Approximately how much time would be required to perform a set of limited tests once a test system is configured? 8 -16 hours depending upon the details in test scripts 7. Does the escrow deposit contain or can the depositor provide test plans, scripts or procedures to facilitate testing? Yes, depositor can provide test plans. 8. With the exception of any database identified above, are any connections to external data sources, feeds or sinks required in order to support the proper functioning of the software and to support testing of the software? No Requirements for the Assembly of the Deposit 1. Describe the nature of the source code in the deposit. (Does the deposit include interpreted code, compiled source, or a mixture ? How do the different parts of the deposit relate to each other ?) What types of source code makeup the escrow deposit (e.g. — Ct - +. Java, etc.) NET code in C# and VB 2. How many build processes are there`? Two. One for CMS and CS and one for 1MS. i. How many unique build environments are required to assemble the material in the escrow deposit into the deliverables? One 4. What hardware is required for each build environment to compile the software`? (including memory, disk space, etc.) memory should be at least 1GB and free disk space should be at least 10 GB. 5. What operating systems (including versions) are used during compilation? Is the software executed on any other operating systems /version? 3P.US /IPM /10.01.11 02011 Iron Mountain Incorporated Page 12 of 14 Vol. I P 10 � Windows XP /Vista/7. No. 6. How many separate deliverable components (executables, share libraries, etc.) are built? AiCMS currently consists of 167 DLL files and 3 executables. AiCS currently consists of 85 DLLs and 4 executables. AUMS is not completely built out yet so this information is not available at this time. 7. What compilers /linkers /other tools (brand and version) are necessary to build the application? Visual Studio 2010 and NET framework 4.0 8. What, if any, third - party libraries are used to build the software? Please specify vendor, tool name and exact or minimum required version. a. Referenced Components i. Aspose 5.1 ii. Atalasoft Dotimage 10d iii. Atalasoft Barcoding 10d iv. Atalasoft PDF w/ Text Extractor 10d v. DDay iCal 1.0.1 vi. Infragistics 11.1 vii. IP *Works! SSH 8.1 viii. Log4Net 1.2 ix. M2SYS Accelerated Biometrics x. MagTek USB Swipe 1.18 A. Microsoft DSO Document Properties Reader 2.1 xii. Microsoft Word 2010 xiii. Microsoft NET 4.0 xiv. Net Address 4.0.1 xv. Signature Plus 2.23 xvi. SQLCE 3.5 xvii. SQL Server Report Viewer b. Compilation Tools i. Flexera InstallShield Professional 2012 ii. Flexera Flexnet Connect 12 iii. Smartbear Automated Build Studio iv. Team Foundation Server 2010 v. Visual Studio 2010 9, If a database of any kind is necessary to support compilation, is a running instance of the database necessary or is a static instance consisting of the static and shared libraries and/or header files installed by the database sufficient to support compilation`? Database is not necessary to compile the code 10. How long does a complete build of the software take? How much of that time requires some form of human interaction and how much is automated? Build time will take between 30 -40 minutes. Human interaction is required to start the build, the compilation and referencing of projects is automated, 11. Does the escrow deposit contain formal build document(s) describing the necessary steps for build system configuration and compilation? l 12. Do you have an internal QA process? If so, please give a brief description of the testing process. 3P.US /IPM /10.01.11 02011 Iron Mountain Incorporated Page 13 of 14 30 Vol. p�• All software releases are tested internally within AMCAD before it is released to the customer. Test plans are updated regularly and tested against each release. 13. Please list the appropriate technical person(s) Iron Mountain may contact regarding this set of escrow deposit materials. Kevin Manson, VP of Information Technology Sean Collins, VP of Software Development Please provide your lechnicaf veri flc-ution c:ontacr inf r+rmalion below: COMPANY: AMCAD LLC SIGNATURE: PRINT NAME: Sean Collins ADDRESS 1: 220 Spring St ADDRESS 2: Suite 150 CITY, STATE, ZIP Her ndon, VA 20170 TELEPHONE: 703- 787 -7775 EMAIL ADDRESS: scollins @amead.com For additional information about Iron Mountain Technical Verification Services, please contact Iron Mountain at 800 -875 -5669. 3P.US /IPM(10.01.11 U2011 Iron Mountain Incorporated Page 14 of 14 Vol. --L4 Pg' I� a a s IQ 7 9 1 1 A .O O O_ 9 7 �. U in Zq y y N 3 * y ? N N N N N N N N N N N N N N N N N N N r M l!) ? ? 7 7 Q > > LL t1 L LL LL li N cc i my r T T T ? N . }� T ?. T T ?' }. N � C IL m a IL EL LL IL 0 d m N L m m W L 1p ffi° c'I m_ m m W - � u �i ❑ K o 3° n U S a cr Y $ $ ocC E a a a" ' a h U -� U 2 C7 r I m �o c c U � �E 33 e d° T .4 ° w° -� e C n � a �t o '' e �° o d� o o O O Voi. �` s 7 Pg. 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I cJ P9. rm rm K O V J / Pg. al rm rm K O V J / Pg. 1�4 - � ........ .. C3 : \ ../ , , � \ \ \ . . ......... ... ........ . � J LLf \ ) 1�4 - � ........ .. Vol. I \ \j �\ � \ --I -57-Pg.-- 1 37 - - \ ../ , , � \ \ \ \ � � \ ) ) � � « « v : --I -57-Pg.-- 1 37 - - IQ C u 4 , �J- W- Vol. --J- -L- Pg- IR y N iti Q. ro S E ...... ..... iti Q. ro �i Vol. ), G 7 Pg. 13 C/ Brazos County, TX Comprehensive Integrated Justice Information Management System Contract Exhibit D - Statement of Work to* )WOND T —hndow • Nvxr- l • Pr0"& EXHIBIT D BRAZOS COUNTY & AMCADO STATEMENT OF WORK To implement a Comprehensive Integrated Justice Management System in Brazos County, TX 1.0 Statement of Work (SOW) The Statement Of Work (herein referred to as "SOW') represents an agreement between Brazos County, situated in Bryan, Texas, hereinafter referred to as "The County" and American Cadastre, LLC, dlb /a AMCADO hereinafter referred to as "AMCAD" that outlines the project scope, services and deliverables, team members` roles and responsibilities, and the obligations of both parties to implement a Comprehensive Integrated Justice Information Management System, herein referred to as "the software" or "CIJIMS" in Brazos County, TX. AGREED AND ACCEPTED: AMCAD Brazos County By, - 0 Name: StevelPontius Name: Eric V. Caldwell Title: Program Manager Title: Chief Information Officer Date: February 2, 2012 Date: February 2, 2012 2.0 Overview AMCAD shall deliver and implement software to satisfy County requirements for a Comprehensive Integrated Justice Information Management System. The software will consist of several modules or functional areas which as a whole will allow for the electronic processing and management of justice information. Justice information includes but is not limited to court cases, incarceration records, programs and services, institutions, placement information and general person information. The software which will be used to satisfy the functional requirements includes the AMCAD Integrated Case Management System (AiCMS), the AMCAD Integrated Jail Management System t o o AMCAD Page 11 t S7 Pg. Vol. L `- (- Braz County, TX Comprehensive integrated Justice Information Management Svstem Contract Exhibit D - Statement of Work (AiJMS), the AMCAD Integrated Capture System (AiCS) and ROAM (Rapid Online Access Method). 3.0 Executive Summary AMCAD will configure, customize, integrate, and implement the AMCAD Integrated Case Management System (AiCMS), the AMCAD Integrated Jail Management System (RUMS), the AMCAD Integrated Capturing System (AiCS) and Rapid Online Access Method (ROAM). These software platforms will serve as pieces of the CIJIMS which will satisfy the functional requirements as listed in the request for proposal (RFP). The final custom solution will be managed as a comprehensive system instead of individual components. AMCAD will facilitate gap analysis and joint application design sessions with the County, intended to define the customizations required to tailor the Software into an integrated solution which meets the needs of the County. AMCAD agrees to implement the Software and provide related project management, data conversion, training, and post implementation support services detailed in this document in the County. Prior to installing the software in the County's production environment, AMCAD will conduct user training, assist with establishing baseline system configuration, and participate in the Software validation / acceptance. AMCAD and the County have engaged in a partnership to implement CIJIMS as developed by AMCAD; and in consideration of the County accepting the baseline AMCAD Texas Integrated Justice Information System (IJIS System), AMCAD has discounted the software pricing in this offering. The Texas IJIS System is the Integrated Justice System which has been designed and developed specifically for Bexar County, This baseline System will be the platform used during the design sessions for the Brazos County CIJIMS Project. Brazos County has agreed to accept this IJIS System and its functionality as their baseline Comprehensive Integrated Justice Information Management System. Both Parties understand and agree that the baseline IJIS System, as referenced above, will be the starting point for the Brazos County CIJIMS and that IJIS functionality will be utilized to meet the functional requirements if the functionality already exists. The functional requirements submitted by Brazos County through its functional requirements specifications will be met using existing functionality or additional customization if the existing functionality is unable to satisfy the requirement. Therefore, should any unidentified software customizations surface during the execution of this Agreement, AMCAD and the County agree to follow the change control process referenced in the Change Control Plan deliverable. 4.0 Software Scope The following software has been purchased by Brazos County and will be delivered to the County. The overall Comprehensive Integrated Justice Information Management System will consist of the following pieces of software. A S O /WCAD Pate 12 Vol. --157 r 1+1 _ S J Brazos Countv, TX Comprehensive I ntegrated Justice Information Management System Contract Exhibit D - Statement of Work 4.1 AMCAD integrated Case Management System (AiCMS) AMCAD's integrated Case Management System (AiCMS) is a person - centric, end -to- end Smart Client solution. AiCMS is a true .NET, Smart Client application, engineered to be highly configurable, secure, auditable, and table- driven, allowing modifications by authorized users. AiCMS also includes role -based security and over 100 Added Value Tables (AVTs) exposed on the application front -end which can be used to configure data value options presented throughout the system. 4.2 AMCAD integrated Jail Management System (AiJMS) AMCAD's integrated Jail Management System (AiJMS) is a person- centric jail management application. Designed to streamline complex jail processes, AiJMS incorporates the latest national standards for data collection and information sharing, including Global Justice XML and Service Oriented Architecture (SOA). As a true .NET -based Smart Client application, AiJMS is a configurable code - driven application which can be modified by authorized users. All standard Jail Management functionality can be accessed from within the user interface. 4.3 AMCAD integrated Capture System (AiCS) The AMCAD Integrated Capturing System software, AiCS, provides end users with a complete imaging and indexing solution, The AiCS app €ication navigates users through a logical series of workflow steps that range from scanning and importing images, to recording the information contained within them and exporting that information to a desired destination. All features and functionality which are central to AiCS will be seamlessly incorporated into the AiCMS and AiJMS systems. This will eliminate the need for a separate AiCS application package to be deployed. The migration of all AiCS functionality into AiCMS and AiJMS and all associated integration will not affect any of the existing AiCMS, AiJMS, or AiCS licensing agreements, or the licensing fees associated with the three products. 4.4 Rapid Online Access Method (ROAM) AMCAD's ROAM allows users to enhance existing line of business applications by providing business intelligence, XML Services, and web applications. ROAM capabilities enable users to implement solutions such as federated search portals and data continuity. ROAM's propriety index exists outside of the line of business applications, which allows the searching and reporting capability of these applications to maintain accessibility when the line of business database is offline for routine maintenance, or in the case of a disaster. ROAM's index also acts as an additional layer in an agency's database recovery plan. t o o AMCAD (Wage 13 vex 15 7 Pg , L! a MS � t Y K- Brazos County, TX Comprehensive Integrated Justice information Manaeement Svstem Contract Exhibit D - Statement of Work 5.0 project Team The key AMCAD project team will include a Program Manager, two Business Analysts, a DBA and a Customer Support Manager (CSM). The AMCAD Program Manager, will oversee all aspects of project delivery and serve as the single point of contact for the Brazos County Project Participants. The Business Analysts will lead the documentation, implementation, and training efforts. The CSM will participate in the implementations and will be the County's primary support contact after system implementation. Oversight and management of this project will include regular status meetings, status reports and other key activities. The AMCAD Program Manager will provide Project Monitoring and Control throughout the life of the project. This activity is designed to provide an objective analysis of the progress of a project and to take corrective action when performance deviates significantly. The project's documented plans are the basis for monitoring activities, communicating status, and determining needed corrective actions_ AMCAD's project management includes thorough project planning involving activities such as scope definition, activity sequencing, schedule development, resource estimating, quality planning, risk management planning, and risk analysis. It also includes comprehensive project monitoring activities such as progress tracking, scope control, schedule control, quality control, and performance reporting. 6.0 Project Implementation Strategy, Tasks, and Deliverables 6.1 Project Kick -Off Meeting The activities in the Project Planning and Preparation phase begin with a project kick -off meeting facilitated by AMCAD between core team members from AMCAD and the County. At this meeting, all team members will be introduced, the stakeholders will be identified, project roles and responsibilities will be established, a communication plan will be reviewed, and all project risks will be identified and assessed. At the end of this meeting, action items will be captured and distributed to the team with the meeting minutes. The duration of the project kick -off meeting will be one day. The Project Kick -Off Meeting deliverables will include: • Finalize the Project Schedule • Project Kick -Off Meeting Minutes • Finalize the Project Management Plan Documents 6.2 Transfer of AMCAD AiCMS, AiJMS and AiCS Licenses Upon signing of contract, AMCAD will provide to the County the AiCMS, AUMS and AiCS software via DVD or other electronic transfer. 1 0 10 /WCJAD Page 14 -- ..... I � _ p _ _ I 3 M p' Brazos County, TX Comprehensive integrated Justice Information Management System Contract Exhibit D - Statement of Work 6.3 Transfer of Rapid Online Access Method (ROAM) License Upon signing of contract, AMCAD will provide to the County the Rapid Online Access Method (ROAM) software via DVD or other electronic transfer. 6.4 Project Management Plans 6.4.1 Communication Plan Based on the input from the County's Project Management team, AMCAD will develop a Communication Plan. The purpose of the communication plan is to ensure that relevant, accurate, and consistent project information is provided to project stakeholders and other appropriate audiences. The communication plan provides a framework to manage and coordinate the wide variety of communications which will take place during the project. The communication plan covers who will receive the communications, how the communications will be delivered, what information will be communicated, who communicates, and the frequency of the communications. The Communication Plan will also establish the type and regularity of project team meetings. The guidelines contained within the Communication Plan will serve as the officially recognized procedures governing AMCAD deliverable acceptances in this project. 6.4.2 Change Control Plan Based on the input from the County's Project Management team, AMCAD will develop a Change Control Plan. The Change Control Plan will address and formally define the processes required for managing change on the Project and more specifically, changes to project scope including time, cost, resources, requirements, and deliverables. These defined processes will include systematic evaluation, coordination, approval or disapproval of proposed changes and implementation of properly approved / accepted changes. To this end, the Change Control Plan will incorporate scope, requirements, schedule, and cost management plans. The Change Control Plan guidelines will serve as the officially recognized procedures governing change management in this Project. 6.4.3 Human Resource Plan Based on the input from the County's Project Management team, AMCAD will develop a Human Resource Plan. 1 0 110 AiACAD Page 15 3 1 T, 1 1 15 7. Pg. ? T 0 e r Braz C TX C o mp reh ensi ve Integrated Justice information Management System Contract Exhibit D - Statement of Work The Human Resource Plan will address and formally define the processes required for AMCAD resources to work on the Brazos County Program. These defined processes will include systematic evaluation, coordination, approval or disapproval of proposed resources and the installment of such resources if approved by the County. The County's requests and guidelines will serve as the officially recognized guidance, governing the resources assigned to the project, within reason. 6.4.4 Testing Strategy Plan AMCAD will, with input from the County's Project Management team, develop a Testing Strategy Document. The purpose of this document is to describe in detail, AMCAD and the County's testing methodology and testing phases, The Test Strategy Plan will govern the scope and composition of forthcoming test scripts to be delivered by AMCAD to the County with corresponding application release iterations. The Testing Strategy Plan will also govern how cyclical, iterative testing and user acceptance testing will be coordinated and conducted as well as defining the procedures associated with software defect reporting and resolution procedures. 6.4.5 Quality Assurance and Acceptance Plan Based on the input from the County's Project Management team, AMCAD will develop a Quality Assurance and Acceptance Plan. The Quality Assurance and Acceptance Plan will address and formally define the processes required for managing the quality of the Project and more specifically, the process by which deliverables will be either accepted or rejected. These defined processes will include systematic evaluation, coordination, approval or disapproval of deliverables, and the implementation of those deliverables into the Project. The Quality Assurance and Acceptance Plan guidelines will serve as the officially recognized procedures governing the acceptance or rejection of all deliverables on this Project. 6.4.6 Risk Management Plan Based on the Project Kick -Off Meeting and with the input of the County's Project Management team, AMCAD will develop a Risk Management Plan, The Risk Management Plan will address and formally define the processes required for managing risks on the Project and more specifically, risks to the project including time, cost, resources, requirements, and deliverables. These defined processes will include systematic evaluation, coordination, communication and response implementation of to AMCAD I1'a ge !b 'el 5 l 1 7 _ _ _ t? ar � n n 9 y � B ra z os C ounty, TX Comprehensive Integrated Justice Information Management Svstem Contract Exhibit D - Statement of Work properly identified and accepted project risks. To this end, the Risk Management Plan will incorporate scope, requirements, schedule, resources and cost management. The Risk Management Plan guidelines will serve as the officially recognized procedures governing the identified and monitored risks on this Project. 6.4.7 Project Schedule Based on the the input of the County's Project Management team, AMCAD will develop a Project Schedule. The Project Schedule will document project tasks, deliverables, sub - dependencies and durations. AMCAD will build the Project Schedule in Microsoft (MS) Project and will deliver the document in MS Project and PDF formats. The Project Schedule is a "living" document initially written in the planning phase of the project life cycle and updated as more information is gathered (e.g., requirements, detailed design components, and risks) and as changes are approved. AMCAD agrees to work with the County's Project Manager to maintain this schedule. The Project Schedule will serve as the officially recognized document governing AMCAD deliverable due dates and milestone dates in this contract. It is agreed by all parties that after initial delivery and acceptance of the Project Schedule, any modifications to the Project Schedule involving new AMCAD deliverables, AMCAD deliverable due date changes or AMCAD task duration changes must first be approved via the change management process as defined in the accepted version of the Change Control Plan. 6.5 Project Quarterly Performance Reports At the end of every quarter, AMCAD will prepare and distribute a project performance report. These comprehensive program reports will consist of high level overviews of completed tasks, upcoming tasks and deliverables, project schedule performance, project related issues and risk items. AMCAD will prepare the performance reports, distribute them to the Brazos County CIJIMS Project Team for review, and present the performance of the project to the County project staff. During this time, the Project Schedule will be reviewed and updated, when necessary. Any modifications made to the schedule must follow the change control process, as defined in the Change Control Plan. The performance reports will be part of the deliverable schedule and will be defined as a billable deliverable. 6.6 Preliminary Hardware Configuration Plan A preliminary Hardware Configuration Plan will be drafted and delivered to the County by AMCAD based on architectural discussions with the County staff held with the goal of understanding the County's current infrastructure, the infrastructure demands and the technical architecture which will be necessary to support the proposed solution, The A #* AMOND Page 17 Vol. 1 Pg. V of i r Brazos County, TX Comprehensive Integrated Justice Information Management System Contract Exhibit D - Statement of Work plan will represent AMCAD's recommendations regarding acquisition and configuration of server, network, workstation and peripheral devices required to adequately support the software solutions discussed in this Statement of Work. 6.7 Project Discovery Phase The project discovery phase will consist of three months of requirements analysis, jab shadowing and preparation for the design phase of the project. 6.8 Discovery Phase Documentation As an output to the program discovery phase, AMCAD will submit documentation in the form of narratives, workflow diagrams and requirements analyses, documenting the findings during the discovery phase of the project. This documentation will be used as an input to the Gap Analysis sessions and will serve as the basis to the system requirements specifications document. 6.9 System Architectural Design Document A System Architectural Design Document will be developed based on information gathered during a series of agile design sessions facilitated by the AMCAD project staff, The System Architectural Design Document identifies the database architecture and the system architecture, including how the middleware services and interfaces will perform. 6.10 Design Phase One 6.10.1 Installation of Software Test Environment AMCAD will establish an onsite test environment within the County's facilities which will allow multiple clients on the County network to access a current working version of the baseline AMCAD Court Case Management Software Solution including AiCMS and AiCS components. The purpose of this test environment is to allow AMCAD to conduct system configuration, staff training on the application, allow County staff to research the baseline application functionality, allow AMCAD to facilitate Gap Analysis and Joint Application Design (JAD) sessions and to advise the County's technical staff on how to establish additional AiCMS and AiCS environments which will be necessary in the future. Additional elements of this task include: • Verification of connectivity between servers. • Installation and configuration of SQL Server environment. • Delivery of client -side application package. • Installation of AiCMS and AiCS software and services on a test instance. • Loading of sample data into the AiCMS database instance. /0 10 AMCAD Page 18 . — ..,_,,.-..... 147 Vol. cJ Pg. �T O 4 Brazos County, TX Compre In Justice Information Management System Contract Exhibit D - Statement of Work 6.10.2 Software Configuration Worksheet Prior to the initial configuration of the system, the County will be responsible for developing a configuration worksheet containing the unique values that will be required to configure AiCMS (case types, fees, events, etc.). AMCAD will provide the County with a configuration value spreadsheet. This spreadsheet will serve as a guide to assembling the County's system values. 6.10.3 Initial Software Configuration In preparation for the first phase of design sessions, AMCAD will configure the AiCMS and AiCS systems with County data in order to accurately reflect workflow processes and business practices. This will ensure that the end users who are participating in the system design sessions have a better understanding of the system as it relates to the County's data as well as current business practices. The discovery phase documentation will be an input to this deliverable. The County will work with AMCAD to provide the values needed for a preliminary system configuration. All system configuration required after the preliminary configuration has been completed will be the County's responsibility. AMCAD will be available for support during this effort and will provide guidance and training on system configuration during initial configuration efforts as well as any configuration done by Brazos County. 6.10.4 Pre -Gap Analysis Application Training In preparation for Gap Analysis sessions, AMCAD will conduct two weeks of pre -Gap Analysis training on the AiCMS and AiCS systems. The two weeks of training will include basic system training. The training classes will be specific to the various modules within the system. This will allow users to attend the classes which apply to their roles and responsibilities within the County. 6.10.5 Gap Analysis Sessions AMCAD will facilitate a series of Gap Analysis sessions with participation from County stakeholders. The AMCAD Project Management Team will work with the County's Project Management team to plan the Requirements Verification (Gap Analysis) sessions for the court and document management portions of CiJIMS, during which A'#0 /^v CAD i'a "e Ig - -_._ -- _vim_ _ f ' Brazos County, TX Comprehensive integrated Justice Information Management System Contract Exhibit D - Statement of Work AMCAD will demonstrate the capabilities of the baseline system and capture all configuration and customization requirements. The sessions are typically broken down by system functional area (cashiering, scheduling, case initiation, etc.) and last anywhere from half a day to two days based on the complexity of the area. The purpose of the sessions is to validate whether current, baseline system functionality satisfies each system requirement as documented in the County's Functional Requirements Specifications grid and, if the requirement is not met, provide a high -level summary of what customizations are required. Customizations of significant complexity will be.noted and scheduled to be reviewed during subsequent Joint Application Design (JAD) sessions. The determination as to whether a functional requirement has been met will depend solely on the language contained within the requirement and the system's existing functionality. The current functionality will either meet or fail to meet the functionality described in the functional requirements. Additional analysis on the background information surrounding the functional requirement and additional interpretations which are not part of the language of the functional requirement will not be considered when determining whether or not a functional requirement is satisfied with the current AMCAD software. In the event the application demonstrates the ability to perform the functionality mentioned in the requirement, the requirement will be defined as satisfied. In the event the application fails to perform the functionality mentioned in the requirement, the requirement will be defined as a Gap and will require further development in order to satisfy the functional requirement. The Gap items will be addressed during the JAD sessions. 6.40.6 System Requirement Specifications (SRS) Document AMCAD will develop a System Requirement Specifications (SRS) Document for court and document management functionality based upon the output from Gap Analysis sessions. The SRS Document will be delivered in Microsoft (MS) Excel format and will identify how each requirement is met or what customizations are requested for each requirement. The SRS document must be accepted by the County in order to proceed with all subsequent project activities. This SRS Document shall be used to determine, jointly by the County and AMCAD, the gap items and the schedule to develop the gap items so that all software modifications can be completed in an acceptable timeframe and fashion. 6.40.7 JAD Sessions AMCAD and the County will schedule Joint Application Design (JAD) Sessions for court and document management functionality to commence at some point beyond the acceptance of the SRS Document during which Gap requirements will be further 40 IWCAO Page to _V I.. ___ g __ r e B C TX C o mp rehensive Int Jus tice Information Management System Contract Exhibit D - Statement of Work defined. During JAD Sessions any complex Gap items will be reviewed with participation from relevant stakeholders at length to determine precisely what software customizations are requested to satisfy the requirement. 6.10.8 System Design Document The output of the GAP Analysis and JAD Sessions will be a System Design Document for court and document management functionality, which will become the roadmap for forthcoming custom development efforts. All requested system modifications not contained in the system design document or deviations from the approved system design document will be subject to the change control process. The System Design Document will be delivered in Microsoft (MS) Word format and will contain the following sections for each functional requirement: • Gap Analysis Session Notes (SRS Document) • Overview • Process Design • User Interface Design • Database Requirements • Security Requirements • Mock Screen Shots (when applicable) 6.10.9 User Acceptance Testing The user acceptance testing will consist of validating all delivered system functionality which has been developed over the course of the first development phase of the project. The County will have thirty (30) days to test and validate the functionality. Upon completion of the user acceptance testing process, the development phase will be completed and no further development against the AiCMS and AiCS software systems will be done until the County has gone live with the software and is in production mode, unless a request has been made via the change management process outlined in the Change Control Plan, 6.11 Design Phase Two 6.11.1 Installation of Software Test Environment AMCAD will establish an onsite test environment within the County facilities which will allow multiple clients within the County network to access a current working version of the baseline AMCAD Software Solution including AUMS and ROAM. The purpose of A0 /WCAD 15 Page III Vol. Pg. __ � rc o Brazos County, TIC Comprehensive fntegrated Justice Information Management System Contract Exhibit D - Statement of Work U a this test environment is to allow AMCAD to conduct system configuration, staff training on the application, allow County staff to research the baseline application functionality, allow AMCAD to facilitate Gap analysis and Joint Application Design (JAD) sessions and to advise the County's technical staff on how to establish additional AUMS and ROAM environments which will be necessary in the future. Additional elements of this task include: • Verification of connectivity between servers. • Installation and configuration of SQL Server environment. • Delivery of client -side application package. • Installation of RUMS and ROAM software and services on test instance. • Loading of sample data into the AUMS database instance. 6.11.2 Software Configuration Worksheet Prior to the initial configuration of the system, the County will be responsible for developing a configuration worksheet containing the unique values that will be required to configure AUMS. AMCAD will provide the County with a configuration value spreadsheet. This spreadsheet will serve as a guide to assembling the County's system values. 6AU Initial Software Configuration In preparation for the second phase of design sessions, AMCAD will configure the AiJMS system with County data in order to accurately reflect workflow processes and business practices. This will ensure that the end users who are participating in the system design sessions have a better understanding of the system as it relates to current business practices. The discovery phase documentation will be an input to this deliverable. The County will work with AMCAD to provide the values needed for a preliminary system configuration. All system configuration required after the preliminary configuration has been completed will be the County's responsibility. The amount of configuration will depend largely on the amount of development required to satify gap items as well as any change order driven customizations. AMCAD will be available for support during this effort and will provide guidance and training on system configuration during initial configuration efforts as well as any configuration done by Brazos County. A 5 Weeks I Two Business 6.11.4 Pre -Gap Analysis Application Training In preparation for the phase two Gap Analysis sessions, AMCAD will conduct two weeks of pre -gap analysis training on the AiJMS and ROAM systems. The two weeks of training will include basic system training. The training classes will be specific to the A4 40 /MCAD Page ill 1 5 i. Pg. Contract Exhibit D Statement of Work various modules within the system. This will allow users to attend the classes which apply to their roles and responsibilities within the County. 6.14.5 Gap Analysis Sessions AMCAD will facilitate a series of gap analysis sessions with participation from the County stakeholders. The AMCAD Project Management Team will work with the County's Project Management team to plan the Requirements Verification (Gap Analysis) sessions for jail, prosecutor, and public access functionality, during which AMCAD will demonstrate the capabilities of the baseline system and capture all configuration and customization requirements including report and workflow requirements. The sessions are typically broken down by system functional area and last anywhere from half a day to two days based on the complexity of the area. The purpose of the sessions is to validate whether current, baseline system functionality satisfies each system requirement as documented in the County's Functional Requirements Specification grid and, if the requirement is not met, provide a high -level summary of what customizations are requested. Customizations of significant complexity will be noted and scheduled to be reviewed during subsequent Joint Application Design (JAD) sessions. The determination as to whether a functional requirement has been met will depend solely on the language contained within the requirement and the system's existing functionality. The current functionality will either meet or fail to meet the functionality described in the functional requirements. Additional analysis on the background information surrounding the functional requirement and additional interpretations which are not part of the language of the functional requirement will not be considered when determining whether or not a functional requirement is satisfied with the current AMCAD software_ in the event the application demonstrates the ability to perform the functionality mentioned in the requirement, the requirement will be defined as satisfied, In the event the application fails to perform the functionality mentioned in the requirement, the requirement will be defined as a gap and will require further development in order to satisfy the functional requirement. The gap items will be addressed during the JAD sessions. 14 140 AMO D B C ounty, TX Comprehensive Integrated .Justice Information Management System Page 113 Vol. 157 pg• 1'3 z a.. Brazos County, TX Comprehensive Integrated Justice information Management System Contract Exhibit D - Statement of Work 6.11.6 System Requirement Specifications (SRS) Document AMCAD will develop a System Requirement Specifications (SRS) Document for jail, prosecutor, and public access functionality based upon the output from Gap Analysis sessions. The SRS Document will be delivered in Microsoft (MS) Excel format and will identify how each requirement is met or what customizations are required for each requirement. The SRS documents must be accepted by the County in order to proceed with all subsequent project activities. This SRS Document shall be used to determine, jointly by the County and AMCAD, the gap items and the schedule to develop the gap items so that all software modifications can be completed in an acceptable timeframe and fashion. 6.11.7 JAD Sessions AMCAD and the County will schedule Joint Application Design (JAD) Sessions for jail, prosecutor, and public access functionality to commence at some point beyond the acceptance of the SRS Document during which gap requirements will be further defined. During JAD Sessions, any complex gap items will be reviewed with participation from relevant stakeholders at length to determine precisely what software customizations may be required to satisfy the functionality gap. 6.11.8 System Design Document The output of the Gap Analysis and JAD Sessions will be a System Design Document for jail, prosecutor, and public access functionality, which will become the roadmap for forthcoming custom development efforts. All requested system modifications not contained in the system design document or deviations from the approved system design document will be subject to the change control process. The System Design Document will be delivered in Microsoft (MS) Word format and will contain the following sections for each functional requirement: Gap Analysis Session Notes (SRS Document) • Overview • Process Design • User Interface Design Database Requirements • Security Requirements • Mock Screen Shots (when applicable) 6.11.9 User Acceptance Testing t o o AMCAD Page 114 w.—ILL—P& �s a r Brazos County, TX Comprehensive Integrated Justice Information Management System r Contract Exhibit D - Statement of Work The user acceptance testing will consist of validating all delivered system functionality which has been developed over the course of the second development phase of the project. This County will have thirty (30) days to test and validate the functionality. Upon completion of the user acceptance testing process, the development phase will be completed and no further development against RUMS or ROAM's public access software systems will be done until the County has gone live with the software and is in production mode, unless a request has been made via the change management process outlined in the Change Control Plan. 6.12 Final Hardware Configuration Plan The Preliminary Hardware Configuration Plan will be finalized by AMCAD based on the outcome of the Design Phases of the project as well as the architectural discussions with the County's Project Management staff held with the goal of understanding the County's current infrastructure, the infrastructure demands, and the technical architecture which will be necessary to support the proposed solution. The plan will represent AMCAD's recommendations regarding acquisition and configuration of server, network, workstation, and peripheral devices required to adequately support the software solutions discussed in this Statement of Work. 6.13 Delivery of Application Software After the Phase One Design Document for the court and document management functionality has been approved and accepted by the County, AMCAD will schedule and deliver a series of application release iterations to the County test environment which will demonstrate AMCAD's development progress and allow functional testing to occur at the County's testing facilities, The same process will be followed upon the final approval and acceptance of the Phase Two Design Document for the jail, prosecutor, and public access functionality. The release dates for the software will be determined by AMCAD. The development will begin upon the approval and acceptance of the system design documents in each design phase. The application release iterations allow the Project Management team to monitor progress, customization quality, identify new risks on an ongoing basis, gauge the efficacy of processes, and plan for any possible delays, For the final software development deliverable, AMCAD will deliver to the County test environment, a fully functional software solution as defined by the Design Documents as a release candidate for user acceptance testing. 6.14 Delivery of Test Scripts With each software iteration delivery, AMCAD will develop and deliver test scripts for the new functionality that has been developed in each test iteration. These test scripts will be used by the County to validate the delivered functionality. The test scripts will guide the County's end users and testers through the steps required to effectively test AA AMCAD .........,..w... -- Pa�c I15 ,�, PF c .f o Brazos County, TX Comprehensive Integrated Justice Information Management System M Contract Exhibit D - Statement of Work and validate the newly delivered functionality. If the system accurately reflects the test scripts, the delivered functionality along with the corresponding functional requirement will be validated and accepted by the County. The process by which a delivered requirement will be approved or rejected will be documented in the Testing Strategy Plan. 6.15 Integrated Justice Management System User Acceptance Testing User acceptance testing will be based on the final delivery of the County Software Solution and will take place over the course of thirty {30} business days with testing premised on test scripts developed by AMCAD. User acceptance testing activities include: The County will perform acceptance testing including: • Validation of Converted Data • Validation of System Configuration • Validation of Custom Functionality as defined in the System Design Documents and corresponding test procedures • Validation of Integrated Data Touch Points • Validation of System Interfaces Execution of an issue reporting and resolution procedure. Identifying any areas of the application that are producing issues which are affecting the critical areas of the system 6.16 Final System Configuration After the preliminary configuration has been completed by AMCAD, any additional configuration required in the system will be the County's responsibility. AMCAD will provide consultation when necessary. 6.17 Database Conversion Services AMCAD is responsible for providing the County with 1500 hours of Database Conversion services. It is up to the County to determine how they wish to use these hours. The 1500 hours may be used for any services which require a Database Administrator. Any time logged against the project by any AMCAD Database Administrator for activities related to data conversion services will be deducted from the total 1500 hours provided. AMCAD will provide Brazos County with monthly resource usage updates. These updates will serve as the official notice of how many Database Administrator hours the County has left to use for the remainder of the project. 6.17.1 Data Conversion Assessment Plan AMCAD will, in collaboration with the County Data Conversion Team, develop a Data Conversion Assessment document that will include a data analysis of the legacy source database. The Data Conversion Assessment is based on a preliminary analysis of the A0 /WCAD Page 116 VUL � �s i or a �r Brazos County, TX Comprehensive Integrated Justice Information Management System Contract Exhibit D - Statement of Work legacy data to be converted. The report will outline a strategic approach for the iterative delivery of conversion scripts, data mapping, and potential issues with redundant data_ In order for AMCAD to be able to provide data mapping, it is AMCAD's expectation that the County's Data Conversion Team will provide a legacy data dictionary with description of tables and corresponding fields with respect to the business flow of the application. AMCAD understands that there are complications with existing documentation for the legacy application and that the County will provide as much detail as possible in order to maximize the accuracy and integrity of the converted data. The County will work with AMCAD to provide them with any information needed for data conversion efforts, upon request. Additionally, AMCAD will begin the analysis of legacy image files and metadata in preparation for the final conversion effort. The County will be responsible for extracting data from the legacy source database and loading it into a SQL Record Linkage staging database from which AMCAD will perform the analysis. Extraction Transformation Loading (ETL) process is not included in the Data Conversion Assessment activity. 6.17.2 Data Conversion Plan AMCAD will develop and deliver a data conversion plan. The Data Conversion Plan represents the finalized legacy data conversion approach as agreed upon between AMCAD and the County Data Conversion team. The Plan will build on the Data Conversion Assessment and will lay out the logical iterations for baseline conversion script ! Sequel Server integration Services (SSIS) package delivery, table and data mapping, data exception identification, data exception handling, and AVT migration paths handling in addition to data conversion logistics moving forward. AMCAD will develop the Data Conversion Plan with significant input from the County Data Conversion Team. 6.17.3 Delivery of Data Conversion Scripts AMCAD will deliver the data conversion scripts. The Conversion Scripts for legacy source data represent development output in accordance with the strategy defined in the Data Conversion Plan. The Conversion Scripts / Sequel Server Integration Services (SSIS) Packages will form the basis for all conversion dry-runs and the go -live conversion. The process of developing the Conversion Scripts / SSIS Packages is an iterative approach that will require the effort of both AMCAD and County Data Conversion Teams. The AMCAD Conversion Team will execute multiple cycles of the conversion to test the entire process (conversion "dry- runs "). This process typically consists of two to three dry runs. Each cycle incorporates new data sections and corrects issues identified with previous data conversion deliveries. The process starts with the most simple data elements and finishes with the most complex elements, At each stage, AMCAD will make adjustments to the conversion process and corresponding scripts / SSIS packages, if necessary. A6 0 /WCAD M -r.ry. - ..•a•hn - hryw. Page 117 Vol IS7 eg Is' (e * a• Brazos Coun rX Comprehensi Integrated Justice Information Management System Contract Exhibit D - Statement of Work Also included with the delivery of the Conversion Scripts is a Data Exception Report, detailing the type of exceptions that exist, the corresponding percentages of exceptions encountered, and the mitigation strategy for data cleansing. 6.17.4 Data Cleansing AMCAD may assist with data cleansing. Data cleansing is the process of ensuring the source data meets the new system requirements for data integrity and usability. As part of this process and to the extent possible, AMCAD will request that the County Data Conversion Team document any data elements that do not comply with the formats of the new database schema. Subsequently, AMCAD will a deliver any data integrity exceptions, such as orphaned records. AMCAD will advise the County Data Conversion Team on the best ways to approach any broader data cleansing processes, should the decision be made to undertake such projects. For example, if a decision is made to standardize the values of the look -up tables (such as event codes, case types, case categories, etc) across multiple court types, a strategy would need to be developed to `End Date' or map old to new values. The specifics of these processes would have to be finalized once a clear set of targeted data cleansing projects has been defined. AMCAD will report exceptions with each dry run and transfer this data to the County using an exception report. Only after the exception report has been signed and approved will the next dry run be performed. 6.17.5 Conversion Dry-Runs & Validation AMCAD recommends three Data and Image Conversion Dry-Runs prior to implementation. The Image and Data Conversion Dry-Runs will provide an opportunity for conversion scripts to be applied against production data, analyzed for exceptions, validated using the exact to -be- implemented system, and amended as necessary based on the result as an iterative process. Each cycle incorporates the most recent copy of the source data and corrects issues identified with previous data conversion deliveries. At each stage, AMCAD will make adjustments to the conversion process if necessary. After rectifying major conversion exceptions, the next step will be to identify the way in which the final conversion will be delivered. Major factors include the volume of data to be converted, the type of data, and the hours of operation. The Baseline Conversion Scripts will form the basis for all future conversion dry-runs and the final go -live conversions. 6.17.6 Final Data & Image Conversion An AMCAD DBA will be present onsite to conduct the final data and image conversion task. Immediately prior to go -live, the County will confirm that the conversion strategy was executed to the satisfaction of the County, indicating that all major conversion exceptions and / or issues have been identified and corrected. Any remaining minor or A0 AMCAD Page IIS 'Vol 1, 5 7 r9 , 157 r o Brazos County, TX Comprehensive integrated Justice Information Management System Contract Exhibit D - Statement of Work 0 cosmetic exceptions and / or issues will be clearly documented in a shared document between AMCAD and the County. This step must be completed prior to the go -Jive event. Upon Final Conversion Acceptance, the AMCAD DBA will proceed with the execution of the approved conversion scripts / SSiS packages against production source data on the weekend of implementation. The County will have a final opportunity to validate and approve that the system and converted data are in good order over the implementation weekend, A roll -back contingency plan will be approved and in place in case of unexpected serious issues. 6.18 Training Plan Based on input from the County's Project Management and Training Teams, AMCAD will develop a Training Plan. The Training Plan describes in detail the methods by which AMCAD and the County Implementation Teams will deliver the various training - related deliverables and activities throughout the course of the project, including the training scope, style, tasks, resources, schedule, training activities, and training documentation format. 6.19 Execution of Training Plan AMCAD staff will conduct training classes per the stipulations of the Training Plan and with the aid of the delivered Training Documentation. AMCAD will conduct onsite training. The length of the training will depend on the go live plan, which will be determined with the input from the County as the implementation phase approaches, AMCAD will have four resources onsite and available to train providing the capacity to conduct up to two classes concurrently for the duration of the training activity. 6.20 Training Documentation Based on the guidelines set forth in the Training Plan and with input from the County Implementation Team, AMCAD will develop a set of Training Documentation specific to the Brazos County Comprehensive Integrated Justice Information Management System, These materials will consist of detailed steps, screen shots, examples and notes, and will include lab exercises to enhance the participant experience. AMCAD will provide modular training materials for the delivery of these courses. This documentation will include. • Software User Guide • System Administrator Guide • System Set Up Guide • Training Scenarios • Training Needs Assessment /16 16* /AMCAAD Page 119 Vol. 1 G7 Pg. I S $ a i O Brazos County, TX Comprehensive Interated Justice Information Management System Contract Exhibit D - Statement of Work 6.21 System Implementation AMCAD will lead the training, conversion, and support activities for the County with assistance from the County's Implementation Team. The implementation effort involves a number of other synchronized and critical activities: • Configuration of Host and Local Production Environments including workstation and peripheral configuration (to be conducted by the County) • Execution of Training Plan • Site Readiness Check (based on the Site Readiness Checklist developed jointly by AMCAD and the County) — to ensure the customer site is ready to receive the solution and all required steps are completed properly and in the correct order • Final Data & Image Conversion • System Go -Live • Post - implementation Onsite Support 6.22 System Go -Live After the Final Data and Image Conversion has been completed, the County may have end -users perform a final validation of the converted data and production readiness of the System. AMCAD recommends that a small -scale sample of a day's work be entered on the system. After final confirmation of readiness, the system will be moved to production mode. 6.23 Post - Implementation Onsite Support AMCAD will provide up to twenty (20) business days of onsite post - implementation support. During this period AMCAD will provide live support and continued training for the end - users. Depending on the go live plan which will be determined at the end of the Development phase, AMCAD will mobilize resources onsite and will be present for post - implementation support. The implementation will be completed with an administrative closeout meeting between the County and the AMCAD Project Teams. 7.0 Project Staff Roles and Responsibilities 7.1 AMCAD Responsibilities AMCAD's Program Manager will provide project leadership, develop a detailed project plan, and oversee any subsequent execution of this project. In support of this initiative, AMCAD shall: • Assign a single point of contact for project management and issue resolution • Assign appropriate resources for the performance of the services outlined in this sow • Adhere to the policies, procedures and scheduling established by this SOW to /WCAD ,.:...., Y .....-,.,... __ Page 120 Vol. 15 7 Pg• 15 2 b Brazos County, TX Comprehensive Integrated Justice Information Management Sys Contract Exhibit D - Statement of Work • Establish the Project Schedule (meetings, interviews, post- assessment dialogue, etc.) • Provide a detailed Project Plan inclusive of all technical tasks, deliverables, milestones, resource assignments, and task duration (reflected in days) and a project timeline • Develop an agreed upon architecture for the implementation • Conduct project review meetings at a mutually agreed upon time and location to discuss the project status, issues, new requirements and overall project satisfaction • Support and provide representation at meetings, which will cover performance status update, schedule update, pending changes, open issues and action items Coordinate any change to this SOW (whether cost impacting or not) with the County's Governance Committee and process them using the Project Change Request Form to be supplied by AMCAD. • Meet at the conclusion of this project, to capture, discuss, and resolve any project issues that may have arisen since the start of implementation 7.2 County Responsibilities The County must ensure the following requirements are met: • Provide at least one technical contact with system administration responsibilities and appropriate system /information access privileges to perform system administration tasks • Assign a Project Manager as the single point of contact for issue resolution, activity scheduling, interview scheduling, and information collection and dissemination. The Project Manager is responsible to ensure compliance with the County's obligations and ensure SME participation • Ensure that on -site office facilities, and general office automation support (Internet access, printing, copying, faxing, telephone, etc.) are available to AMCAD staff when working at County's facilities • Provide an office for the AMCAD Program Manager. This office must be available to the Program Manager for the duration of the project. The office must allow for meetings to be held in private. • Attend all required meetings and data collection interviews. Be able to discuss, openly and honestly, the active topics presented • Ensure all environment and operational requirements are met prior to implementation. Confirm that the work site is prepared to perform the engagement services • Provide technical support for implementation teams • Conduct configuration on code tables including fees, users, security rights, and person information with the oversight and direction of AMCAD • Purchase and configure all required third party software licenses, namely t o o A/1At"AD Vol. S 7 pg. ) ( 0 Page 121 E ! Bra Cou nty, TX C omprehen s ive In t e grated Justice Information Management System Contract Exhibit D - Statement of Work • • se Vendor/Prod Application Servers Operating Microsoft Windows Server 2008 System Enterprise Edition Database Server Operating Microsoft Windows Server 2008 System Enterprise Edition RDBMS Microsoft SQL Server 2008 Microsoft SQL Server Reporting Report Manager Services 2008 and 2005 Microsoft SQL Server Reporting Report Viewer Services Report Viewer 2008 Forms and Data Export Manager Microsoft Office 2007 (Per workstation) Adobe Acrobat Reader Free Edition 9.0 Data Export Viewer or above (Per workstation) Microsoft .NET 3.5 Framework (Per Application Layer Framework workstation) • Create and test all forms using standard system merge codes • Perform user acceptance testing • Assume responsibility for all network connectivity, performance, and configuration issues • Procure anti -virus software for all client PC's running the system 8.0 8.1 Assumptions Data Conversion Assumptions • Source database documentation to be provided to AMCAD by the County. NOTE: Providing as much documentation as possible for a legacy system makes identifying data components and mapping those components to their respective business processes significantly more efficient. • Direct and open interaction between the County's technical staff and AMCAD. The ability for technical people to communicate directly with each other (email, phone, in person, etc.) facilitates quicker turnaround times on each side • Continuous data conversion validation by the County: Most conversions are iterative starting with the most basic data first and finishing with the most complicated_ Validating the converted data throughout this process allows AMCAD and the County to catch problems early before the effort to correct the data becomes significant. atoo /W Page 122 Vol. 1 157 pg. I o- Brazos County, TX Comprehensive Integrated Justice Information Management Syste Contract Exhibit D - Statement of Work The County and location data can be distinguished in the source data. If not, the County will ensure that this data can be distinguished. The "location data" refers to the unique identifier, if any, of the data_ For example, if the CMS and JMS records were stored and maintained differently or separately from other CMS and JMS data within the County, AMCAD would need the "unique identifier" for the location of the data so that the data integrity could be maintained during a data conversion. Another example would be if the Civil Court data was stored in a location different than the Criminal data. Final and complete data / image conversion (as applicable) will be performed prior to Go -Live for each County Department which will be using a system included in the CIJIMS project and any additional conversions will be considered outside the scope of the original Project. 8.2 Other Assumptions • AMCAD believes the proposed components to be compatible with the County IT environment and hardware, but has not tested the software with all aspects of the County IT environment. Therefore, AMCAD will support reasonable activities and modification to the systems that are within AMCAD's control in an attempt to yield the desired compatibility. The County agrees to assign a single Project Manager to this project. This County staff member must be knowledgeable regarding the Department's activities and role within the County. Signature authority for the acceptance of deliverables submitted, rendered or provided to the County is given to the Program Manager. The final Comprehensive Integrated Justice Information Management System will satisfy all functional requirements, as listed in the Functional Requirements Specifications Exhibit to the Request for Proposal document, for which AMCAD scored themselves a 1, 2, 3, 4, or 5. These requirements will be satisfied using the AUMS, AiCMS, AiCS and ROAM systems. Requirements for which AMCAD scored themselves a zero will be out of scope. The AUMS, AiCMS, AiCS and ROAM systems applications will work together to produce an integrated Justice Information System. to AMCAD Page 123 o . � g. P _. _ Comprehensive Integr Justice Information Management System Contract Exhibit A - Payment Schedule J 10 10*1 1 "C/+Q EXHIBIT A BRAZOS COUNTY & AMCAD® PAYMENT SCHEDULE To implement an Integrated Justice System in Brazos County AGREED AND ACCEPTED: AMCAD® Brazos County B y: gy; _ .� Name. Steve ontius Name: Eric V. Caldwell Title: Program Manager Title: Chief Information Officer Date: February 2, 2012 Date; February 2, 2012 PAYMENT SCHEDULE Statement Scheduled Payment of Work Deliverable Delivery Payment Amount With Reference Description Date Amount 5% Retention §40 Software Scope — January $1,007,332.00 $1,007,332.00 So ,More License 2012 FBds ("upon c ontract execution) §6.1 Project February $57,894.74 $25,000.00 Implementation 2012 Strategy, Tasks, and Deliverables — Project Kickoff Meeting §6w4 Project February $57,894.74 $30,000.00 irh)iilnettati+on 2012 t o Va ge 11 .AAACAD 16 3 Comprehensive Integrated Justice Information Management System a Contract Exhibit A - Payment Schedule mw�� and .' D�elNe�!'8Dt9s ect Management Plans §6.5 Project Implementation Strategy, Tasks, and Deliverables — Project Quarterly Performance Report Q1 2012 and an §6.9 Project Implementation Strategy, Tasks, and Deliverables - System Architectural Design Document §6,1A.1 Project ( i I ' - anWIon ,., MY, Tasks, and Dallvetables - Installation of AJOMS and AICS of M Test Owltonment §6.10.4 Project Implementation Strategy, Tasks, and Deliverables — AiCMS and AiCS Pre -Gap Application Training §6.5 Project (htementation Sttegy, Tasks, and Dollvetables — ptoject Quarterly March 2012 $105,263.16 March 2012 $57,894.74 April 2012 $57,894.74 March 2012 $57,894,74 May 2012 $57,894.74 June 2012 $105,263.16 $100,000.00 $35,000,00 $35,000.00 $110,000.00 $50,000.00 $100,000.00 �nncn� Vol. 15Z Pg. I 'si g e 12 a 5 Comprehensive Integrated Justice Information Management System Contract Exhibit A - Payment Schedule Iel~brmande Report 022012 §6.10.5 Project Implementation Strategy, Tasks, and Deliverables — AiCMS and AiCS Gap Analysis July 2012 $57,894.74 August 2012 $57,894.74 $105,263.16 $57,894.74 $57,894.74 $57,894.74 $75,000.00 $70,000,00 $100,000.00 $80,000.00 $75,000.00 $75,000,00 t AMCAD Vol. P9• /urJ 1)agc 13 JA disks, and kilos -- And AILS 5Aelitlons ©ocument §6.5 Project September Implementation 2012 Strategy, Tasks, and Deliverables — Project Quarterly Performance Report Q3 2012 §6,10.7 PMJect October (i Onto" on 2012 y, T: ske, and .._ ' � t►kilss " . tad AICS J Ssslons §6.10.8 Project November Implementation 2012 Strategy, Tasks, and Deliverables — AiCMS and AICS System Design Document §6.10.9 Pro rt t May 2013 en Ion ey, 'Tasks, and Iles— A 110 1 M$ an AICS W , coaptance �.�:s�_ $105,263.16 $57,894.74 $57,894.74 $57,894.74 $75,000.00 $70,000,00 $100,000.00 $80,000.00 $75,000.00 $75,000,00 t AMCAD Vol. P9• /urJ 1)agc 13 Comprehensive Integrated Justice Information Management System Contract Exhibit A - Payment Schedule §6.11.1 Project November $57,894.74 Implementation 2012 Strategy, Tasks, and Deliverables — Installation of AUMS and ROAM Software Test Environment §t 5 PrOI December $105,263.16 ajnbrttation 2012 ' , ks, and ra ua rt eriy fiance Report anj f 12 §6.11.4 Project January $57,894.74 Implementation 2013 Strategy, Tasks, and Deliverables — AiJMS and ROAM Pre -Gap Application Training §g,5 lsct March 2013 $105,263.16 ntation Tasks, and act Quarter Pe rmanas Report 11613 §6.11.5 Project April 2013 $57,894.74 Implementation Strategy, Tasks, and Deliverables — AiJM8 and ROAM Gap Analysis April 2013 $57,894.74 rotation Tasks, and bias nd ROAM , Vents ations $95,000.00 $100,000.00 $50,000.00 $100,000.00 $75,000.00 $70,000.00 June 2013 $105,263.16 $100,000.00 AMC_AD Page 14 Vol. 1.5'7 P9.1� + J, Comprehensive Integrated Justice Information Management System Contract Exhibit A - Payment Schedule f Implementation Strategy, Tasks, and Deliverables — Project Quarterly Performance Report Q2 2013 raj Ju 2413 $57,894.74 Tasks, and JAO Sessions §6.11.8 Project Implementation Strategy, Tasks, and Deliverables — AUMS and ROAM System Design Document August 2013 $57,894.74 $80,000.00 $75,000.00 Ra M $70,000.00 Implementation 2013 Strategy, Tasks, and Deliverables — AiJMS and ROAM User Acceptance Testing X12 P ect December �?sn#ation 2012 Tasks, and iJ iiiioieg -- Final W�ariware G`rura8on Plan §6.13 Project January Implementation 2014 Strategy, Tasks, and Deliverables — Final CIJIMS System $57,894.74 $157,894.74 / AMG�D Page 15 Comprehensive Integrated Justice Information Management System a, Contract Exhibit A - Payment Schedule User Acceptance Testing July 2013 $57,894.74 Tks 2014 R and 4 ;x (data "a ks, and t,, I an Final ment Plan §6.17.2 Project August 2013 $57,894.74 Implementation o veralon Strategy, Tasks, and §6.18 Deliverables — Data January Conversion Plan Implementation 2014 October $57,894.74 Bon 2613 n `f4eke, and Deliverables — Data +onrslon Scripts §6.5 Project December $105,263.16 Implementation 2013 Strategy, Tasks, and January Deliverables — en#atIon Project Quarterly Performance Report Q4 2013 "±rtbles — X 817 6 T January $57,894.74 n 2014 "a ks, and Final o veralon §6.18 Project January Implementation 2014 Strategy, Tasks, and Deliverables — Software Training Plan §6.20 Prd t January en#atIon 2014 y, tasks, and "±rtbles — �ilrtg §6.22 $57,894.74 $25,000.00 $30,000.00 $25,000.00 $100,000.00 $105,000,00 $25,000.00 $57,894.74 $30,000,00 February $215,936.00 $205,140.00 tdot AAACAE) Page 16 Vol. L Pg.�2. y A Comprehensive Integrated Justice Information Management System Contract Exhibit A - Payment Schedule Implementation 2014 Strategy, Tasks, and Deliverables — UJIMS System Go- Live a March 2014 $67,894.74 $60,000.00 ttton ;< yaks, and Li Support None Retainage March 2014 $136,060.00 Release L AAACAU pagC 17 Vol. P9•�16?- r l f Brazos County *, �* tY , Purchasing Department 200 SOUTH 'TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Leslie Williams, Asst. Purchasing Agent Tiffany West, Buyer January 31, 2012 Hillier Funeral Home Phone: 281 -883 -9084 2301 E. 29" St. Fax: Bryan, TX 77802 Email: kyle.incardoiia@ carria-eservices.com carriaoeservices.com Attn: Kyle Incardona Re: Extension of Contract for Transportation of Deceased — 2011 -21R Brazos County appreciates the quality work your company has provided and would like to exercise an extension option for Transportation of Deceased — 2011 -21R previously known as 2010 -24. All terms, conditions, and pricing shall remain the same. This extension will start February 15, 2012 through April 15, 2012 To accept the extension option, please fill out the information and sign below. Return the signed documents by email to lwilliarns@co.brazos.tx.us co.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. if you have any questions, I may be reached at (979) 361 -4294. Contact Name: Ky t � 1,-i c,Q r jo o ,,g Telephone: q 7a - ,q,2,2 — /,Y 7 E -Mail: 1 <�� ,nom A: flci-v� �4✓4r= �1►a Fax: q 74- R_4 j o O 1IILLIER FUNERAL HOME Authorized Signature Date CO(1NTY Duane Peters, County Judge Date Vol. 1 rg. 17 C7 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: February 7, 2012 ITEM: Request from Verizon Communications to construct approximately 11,030 ft. of parallel buried (24 strand fiber optic) cable installations in the rights of way of Luza Lane and Fountain Switch Road; cable will be placed at a minimum depth of 48 inches. Site is located in Precinct 4. SOURCE OF FUNDS: NIA PRESENTATION See attached back -up material. REQUIREMENTS: • No work will be permitted between front slope and/or back slope. • No work shall be done within 3' of driveway culverts measured from outside culvert walls. • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or, 2) in the case of a road bore, perpendicular to the right -of -way line. • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. • All disturbed areas shall be compacted in 8" lifts to 90% density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. • All disturbed areas will be seeded after completion of grading. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site. SUBMITTED BY: ,�- . "., 4 R. Alan Munger, . APPROVE Commissione Precinct 4 by Commissioners' Court Peters, County Judge VOL 15 1 Pg. 171 County Engineer CC2012 -005 veri7 n Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 JAN 23,2012 GARY ARNOLD Brazos County Engineering Office County Fngineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. ARNOLD: Subject. AGRMNTS 24 BURIED CABLE & CONDUIT. Enclosed are From ED -135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5413- 3FOAOBP which is scheduled for Feb 21,2012. If you have any questions concerning this work, please contact GARY RECEK at our office in Bryan, telephone 979- 821 -4783 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sinc rely, C r BRENDA VAJDAK Supervisor -- Network Engineer JS:ec Attachment Vol. 1 S p 1 '7 a VERIZON COMMUNICATION Notice of Line Installation Jan. 23, 2012 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that GTE SOUTHWEST INC. d /b /a VERIZON SOUTHWEST will construct a communication Line within the right -of -way of a County Road in Brazos County, Texas as follows: Verizon Communications will place a 1 -1/2" conduit along and within a R.O.W. of Luza Ln beginning at its intersection with State Highway 21, Continuing N. 9638' until it intersects with Fountain Switch Rd. There conduit will turn E. and continue 1392' where it will enter a cellular tower Site at 5699 Fountain Switch Rd. Conduit will be placed at min of 48" in depth and will be placed within 2' of edge of row along Luza Ln and 4' from edge of R.O.W along Fountain Switch Rd. Conduit will contain 1 24 strand fiber optic cable. Bores and splice locations indicated on WP'S. The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after Feb. 21, 2012. VERIZON COMMUNICATIONS vcc�� VC,�cfc�G Brenda Vajdak Supervisor- Network Engineer 301 Industrial Blvd. 5413- 3FOAOBP l Vol. —j pg. - 7=> BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 201.1 -2012 BUDGET YEAR NO. 11/12 18.1-18.6 On this the 7th day of February 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1. C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 7th day of February 2012 the Court heard and approved a budget amendment for the 2011- 2012budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 7th day of February 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. B. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 15 7 p g . 1-74 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 18.1 21712012 FUNDI DIV ACCT PROJ DR1CR ACCOUNT NAME _ Increase_ _ Decrease 1900 50000100 80203000 CR Com uter Har dware _ 560.00 1900 50000100 67203000 _ DR Minor Computer Hardware 560.00 County Records Management _ Reallocation of funds to purchase a scanner for the Collections Department. In account 50000100- 67203000, there is $430.00 already. The Bud.-et Amendment will provid e sufficient funds to allow for the purchase of th scanner for 5988.00. _ IDf1 Vol. 1 07 pg. 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 18.2 , 7 mmv FUND Div ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 19000100 60600000 CR Office Supplies 1,780.32 0100 19000100 67203000 DR Minor Equipment _ 1,780 IDistrict Attorney - Admin. ,Reallocation of funds to purch three One for each of the war rooms. I Or 1 Vol. i 5L — P9- 1 1(0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 18.3 2!7!2012 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 3500 211300 61130000 CR Contingency 11600.00 3500 211300 65150000 DR Computer Maintenance 1,600.00 Clerk Election Services Reallocation of funds to convert election software to one PC and create a lock downed back up PC. Software included BOSS, Ballot Now, and Tally. 1 or , Vol. 5 - 7 pg. f / -- 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 18.4 2/7/2012 FUND 0100 DIV 56001000 ACCT 65670000 PROJ DRICR CR ACCOUNT NAME R & B Maint. General Increase Decrease 28,134.74 0100 56001000 80 286000 DR E q ipment -Other _ u 28.134.74 (Road & B of funds to 2 CMST332 Message Boards a $14,067.37 e ach. 1of1 Vol. is pg. 1-79 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -18.5 FUND DIV ACCT PROJ DRlCR CR DR ~ , � ACCOU NAME DDEA Com uter Maintenance Increase 4,395.00 Decrease 4 ; 395.00 0100 14000100 54100000 65150000 0100 14000100 Information Technolo Reallocation of funds to replace the batteries in the 15KVA Mitsubishi Un- interruptible Power Supply in our datacenter. This original UPS was urchased Au ust 23, 2005 so the batteries are 6.5 ears old. This UPS serves as a backup to our lar er Eaton Powerware UPS. 1 DI 1 Vol. Pg.— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -18.6 217/2012 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 2201 51000300 65320000 CR Equipment Maintenance 3,19 2201 51000300 71020000 DR Computer Contracts 3,192.00 _ 0100 11001500 61130000 CR General Fund Contingency 2,311.53 0100 14000100 71020000 DR Computer Contracts _ 2,311.53 JP Security Fund and General Contingency to Information Technolo Reallocation of funds to purchase a two year SUP camera licenses for the existing ONSSI Ocularis Physical Security Information Mana ement System. Prepared By^ nnrxa' Date 2121212'. rOfr Vol. Pg. ISO PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 7, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Con sider and Take Action on Cha uests Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintenance Middleton, Arthur New Hire Roberts, Allen New Hire District Clerk Yavari, Sarah Resignation Expo Lockhart, Fiona New Hire Juvenile Aguilar, Manual Promotion Litton, Kalie New Hire Oglesbee, Teresa Promotion MPO Benthul, Bart Supplemental Pay Increase Approved in Commissioners' Court: February L- 2 . 012 " County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) vot. 157 P $ . 191 20 Laura Taylor Davie Brazos County Treasurer Idaylafto.brazosAm.us DATE: January 31, 2012 TO: Hon. Duane Peters, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Sammy Catalina, Commissioner Hon. Kenny Mallard, Commissioner Han. Irma Cauiey, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer RE: Quarter Ending 12/31/2011 Investment Report 300 S. Texas Avenue, Ste 240 Bryan, Texas 77808 Tel: 979.861 4846 Duane Peters Date County Judge This report is made in accordance with provisions of fov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County investment portfolio earned an average yield of 0.0900% on the quarterly aw mp balance of $2,346,407 invested with TexPool for the period ending 12/31/2011. Investment interest deposited during the quarter was $536.79. Actual ending balance for December 31, 2011 was $2,346,584.36. The average rate of interest earned on the depository checking account balances for the quarter ending 12/31/2011 was 0.3633% netting $45,406.97 on an awmp dsposltory lnwrsfab /e belowe of $49,584,152.01. Total year -to -date interest earned: $45,943.76 Uns S tratagy The Brazos County Investment Strategy will remain unchanged, keeping investments very short - termed 6 liquid. With the safety of principal as the foremost objective of the County's investment policy followed by liquidity and yield - it seems prudent to continue keeping the mo�Wity of available funds in the County's depository where all funds are 110% collateralized. For diversification the County has an investment account with TexPool that provides the safety of an overnight market. Brlazos County's depos/tary eontMt earns .86X a bove the 9i0 day T -B///, vo ,. I 5 7 p I ga Points to note: 1) Fed funds rate of 0.00% to 0.25%, a flat yield curve, U.S. national debt problems as well as credit problems in Europe. 2) The Funds Management Group, Inc. end of year newsletter began with the headline of " 2011- A PalnfullY Boft Year for Snvierto,Cs "Investors and portfolio managers in all sectors found it difficult - if not Impossible - to make money in 2011. Public sector treasurers faced yields just marginally above 0% in the short fixed income markets all year. %. 3) The TexPool January 2012 monthly newsletter in reference to December 2011 stated "Normal year -end window dressing and other seasonal factors accounted for the dearth in repo supply, which effectively pushed some overnight rates down into the single digits "... summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas FY 2012 INTEREST RATES AND EARNINGS BY MONTH Attached are the following reports; 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as app th 4ved by Commi ioner's Court of Brazos County. L ura Taylor Do , County Treasurer, CIO Date Terri White, Chief Deputy Treasurer, CIO Date V0 Pg. 1 L3 TexPool Interest Cking Acct Earnings Interest Rate Interest Credit Rate October 2011 167.23 0.0800 13,991,12 0.3600 November 2011 208.23 0.1100 13,797.70 0.3700 December 2011 161.33 0.0800 17,618.15 0.3600 Q/E 12/31/2010 536.79 0,0900 45,406.97 0.3633 Attached are the following reports; 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as app th 4ved by Commi ioner's Court of Brazos County. L ura Taylor Do , County Treasurer, CIO Date Terri White, Chief Deputy Treasurer, CIO Date V0 Pg. 1 L3 0 0 . a F" N IF> I C d Voi. _I�_ p8• TEXPOOL QUARTER ENDING 12/31/2011 ACTIVITY REPORT FUND 1 - POOLED FUND GROUP DATE DESC. GENERAL FUND TOTAL - . +r` ,''r •.�r '¢mot 1�, y1_. 7 ~ October 4 i„'d} .. 0,03"» �H :`•�, . s• '• 10/31/11 Interest $ 167.23 $ 11/30/11 November Interest $ 208.23 4 W Q ff December interest $ 161-3311 X � 12131111 z,Y1 -. t e1,. — Vol. L 5� Pg . 195 INVESTMENTS EY FUND GROUP AND STRATEGY TYPE BOOK VALUE OF ALL INVESTED FUNDS FOR DECEMBER 2011 S 2,346,684.36 Vol. 15 Pg.�— ..., Brazos County Purchasing Department Weekly Update 1/27/12 -- 2/2/12 Number of PO's Processed: 67 Requisitions Completed: 3 kYNtWLEUicD Capital Payments: 4 Projects In Progress Construction Courthouse: Phase 1 & ll - 3` floor above ceiling work in progress r)� Duane Peters Date County Judge Phase III - Demo of 1 5t floor jail area in progress - Removal of dirt in basement through salleyport in progress - Sidewalk demo on west side within next week - Replacement of sidewalk on north side in progress Bids/ RFP's/ RFQ's Aggregate for Surface Treatment RFQ for Engineer for Pendleton Property RFQ for Surveyor Cold Mix Limestone Uniform Rental Heavy Machinery Rental Transportation of Deceased Fencing Supplies Equipment Lubricants Herbicides and Surfactants Hydrated Lime Poly Jute Asphalt and Emulsions Renewals Mowing of Rights -of -Way - Awarded - Advertise 2/3 & 2/10 - Solicitation in progress -To advertise 2/10 -To advertise 2/3 -To advertise 2/3 - Solicitation in progress -Dept. reviewing specs -To advertise 2/3 -Dept. reviewing specs -To advertise 2/10 -Dept. reviewing specs -Dept. reviewing specs - Renewal in progress Vol. — S7 Pg. Solicitation of Quotes Management Consultant for Health Department- Dept. reviewing responses Other Auction - Purchasing is receiving surplus from departments Purchasing Policy - Reviewing and revising policy Electronic Bid System Working on sending out notifications to all vendors about bid system - Website is posted on the Brazos County Website under the Purchasing page Assets - Working on assets from periods 1 -3 - Entering transfers that have transpired since beginning of FY 2012 Sanctuary Courtroom - Additional items to Court for approval Print Management - Working with IT department to establish parameters for project � pg. Vol.