COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: John D. Trolinger Office: Information Technology MEETING DATE: May 10, 2010 TIME PREFERRED: SUBJECT: (Please Be Specific) Consider, discuss, and take appropriate action to approve memorandum of understanding with the Department of Public Safety for the Court ID Project and authorize the County Judge sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: John D. Trolinger ESTIMATED LENGTH OF PRESENTATION: 3 minutes IF PERSONNEL MATTER - NAME OF EMPLOYEE Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. Make sure any and all back up material is attached to this form. TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N. LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773 -0001 to P4, 4, 512/424 -2000 o\ www.txdps.state.tx.us (ISE � t F��L COMMISSION BECKWORTH ALLAN B. POLUNSKY, (CHAIR DIRECTOR C. TOM CLOWE, JR. ADA BROWN JOHN STEEN CARIN MARCY BARTH To Whom It May Concern: You will find two (2) copies of the Memorandum of Understanding (MOU), Statement of Work (SOWN), & one (1) copy of a W -9 for the Court ID Project. These documents are in reference to the systems that are bjeing or have been installed in the County Courts. Please review and send these documents back at your earliest convenience. On page three (3) of the MOU, please document the liaison and then have the Judge sign on page six (6). The SOW or Schedule A will require a signature on page two (2). Please pay particular attention to the MOU, Section 8, Cost Reimbursement. The Vendor that installed the upgrade on your system will be invoicing your agency directly if they haven't done so already. When the invoice is received you can pay the Vendor directly, submit an invoice to the Department for the same amount and your agency will be reimbursed or submit an invoice to the Department, payment will be made to your agency and you will then pay the Vendor. Since this is a contractual agreement, our Accounting Department will require either original documents or scanned originals. If the documents could be scanned and emailed back to me, that would be greatly appreciated. If you need to mail them, please send them to the following: Texas Department of Public Safety Crime Records Service Attn: Darren Roberson PO Box 4143 Austin, TX 78765 -4143 If you have any questions, please let me know. Thanks in advance, Dam R Roliewouc. Sic Accountant 11 Texas Department of Public Safety Crime Records Support Bureau PO Box 4143 Austin, TX 78765- 4143 512.424.5239 - office 512.424.5599 - fax darren.robersonPtxdps.state. tx.us EQUAL OPPORTUNITY EMPLOYER COURTESY • SERVICE • PROTECTION TXDPS CRIME RECORDS SERVICE MOU Page 1 of 6 Memorandum of Understanding between Texas Department of Public Safety and Kerr County STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL LAW ENFORCEMENT AGENCY AGREEMENT FOR FUNDING SECTION 1. PARTIES TO THE AGREEMENT This Agreement is entered into by and between Kerr County hereinafter referred to as "Recipient" and the Texas Department of Public Safety, hereinafter referred to as "TXDPS." SECTION 2. GENERAL PURPOSES AND OBJECTIVES 2.1 General Purpose TXDPS Crime Records Service has identified funding to assist local agencies in costs associated with modifications to the Recipient's record management system (RMS), in order to interface with programs or applications administered by TXDPS as criminal justice information systems (CJIS) including but not limited to Automated Fingerprint Identification System (AFIS), Livescan System (LS), or Texas Data Exchange (TDEx). Funds provided will allow the state of Texas to continue to improve the accuracy, completeness, record quality and timeliness of data through increased submissions of CJIS related data from local agencies RMS to TXDPS. 2.2 Objectives This agreement will provide local law enforcement agencies such as Recipient with funding assistance in order to develop and implement RMS modifications necessary to interface with electronically with TXDPS CJIS Programs. to order to receive the funding, Recipient must agree to comply with the requirements of applicable state laws and requirements mandated for funding by TXDPS. SECTION 3. ELIGIBILITY 3.1 Recipient Authority Recipient represents and warrants that: a) it has the power and authority to enter into this agreement and to perform in a timely manner the obligations created hereunder; b) the execution, delivery, and performance of this agreement by Recipient has been duly authorized by all necessary action on the part of Recipient, and; c) this agreement constitutes the valid and binding obligation of Recipient and its successors and assigns, enforceable against it in accordance with its terms. November 13, 2008 Version 1.0 TXDPS CRIME RECORDS SERVICE MOU Page 2 of 6 3.2 General Obligations Recipient acknowledges the following general obligations: that it shall not have the power or right to enter into a contract with a third party: a) for any work or assign any of the rights and obligations under this agreement without the prior written approval of the TXDPS except as provided in this agreement, b) it shall prepare and deliver such reports as may be required by TXDPS, and c) All third party RMS vendors performing services on behalf of Recipient MUST have a fully executed FBI CJIS Security Addendum (not attached, made available upon submission of an originally signed). Third party RMS vendor for the Recipient must submit an originally signed CJIS Security Addendum Certification for each employee performing duties related to this project prior to final contract award. Each original Certification must include an original signature of the employee and the Vendor's (Contractor's) representative. Non- compliance by third party RMS vendor will be cause for termination of this MOU. 3.3 Entire Agreement This agreement does not create any rights in any person or entity other than the Recipient and TXDPS. This agreement may be amended or modified only by subsequent written agreement by both parties. This agreement contains the entire understanding between the parties. The failure of either party to insist in any one or more instance upon performance of any term or condition of this agreement shall not be construed as a waiver of future performance. The obligations of either party with respect to such term shall continue in full force and effect. 3.4 Timely Performance Recipient is aware of the importance of timely and effective performance under this agreement. SECTION 4. RECIEPENT PARTICIPATION REQUIREMENTS 4.1 Recipient Performance Metrics Recipient agrees to complete, install and implement the work indentified in Schedule A within 12 months from the date of the execution of this agreement. Recipient agrees to continue to perform related data submissions or extractions as required by GC§411, CCP §60, 61, or 62, or current TXDPS Policies or Guidelines for applicable program. 4.2 TXDPS Policies and Guidelines By signing this agreement, Recipient certifies that its personnel responsible for the RMS modification implementation have read, understood, and will fully comply with all relevant TXDPS Policies and Guidelines listed in Schedule A. Recipient agrees to keep all personnel responsible for the TXDPS Project identified in Schedule A, fully informed as to all relevant policies and guidelines. November 13, 2008 Version 1.0 TXDPS CRIME RECORDS SERVICE MOU Page 3 of 6 4.3 Inspection TXDPS shall have the authority to inspect and audit the records and operations of Recipient to determine compliance with this agreement and all applicable laws and regulations. SECTION 5. STATEMENT OF WORK TO BE PERFORMED The statement of work (SOW) to be performed is provided in Schedule A. TXDPS has dedicated funding on behalf of the Recipient to assist in modifying the Recipient's RMS to participate. Recipient understands that the use or application of funds received under this agreement for the supplantation of existing resources or funds is prohibited. SECTION 6. LIAISON OFFICIALS AND NOTICES 6.1 Liaison Officials The parties designate the following primary liaisons for implementation of this agreement. Recipient agrees to provide notice of any changes in this information within 10 business days after the change. Recipient: (Name) (Title) (Recipient Name) (Mailing Address) (City, State Zip) (E -mail Address) ( )- (Tel.) ( )- (Fax) TXDPS Livescan Program: TXDPS Contract Manager Angie Kendall, Manager Desiree Taylor, Manager CHRi Processing Bureau CRS Support Bureau Texas Department of Public Safety Texas Department of Public Safety P.O. Box 4143 MSC 0231 P. O. Box 4143 MSC 0230 Austin, Texas 78765 -4143 Austin, Texas 78765 -4143 anoie.kendal c txdps.state.tx.us desiree.tavlora@txdps.state.tx.us (512) 424 -2471 (Telephone) (512) 424 -2968 (Telephone) (512) 424 - 2238 (Facsimile) (512) 424 -5911 (Facsimile) November 13, 2008 Version 1.0 TXDPS CRIME RECORDS SERVICE MOU Page 4 of 6 6.2 Notices All notices pursuant to this agreement shall be in writing and shall be delivered to the liaisons by U.S. certified mail, postage paid, and properly addressed. 6.3 Invoices Recipient agrees to submit invoice(s) to TXDPS for reimbursement to the TXDPS Contract Manager listed above in Section 6.1 following Section 8.2 Procedure for Reimbursement. SECTION 7. TERMINATION Either party may, without cause, terminate this MOU at any time by giving thirty (30) days' written notice to the other party. Recipient shall be entitled to all sums due and owing up to the day written notice is received by the non - terminating party, provided that such services performed are in accordance with the provisions of this agreement. Recipient shall be required to complete its services within the thirty (30) day period. Section 7.1 Legislative Action TXDPS is a state agency whose authority is subject to the actions of the Texas Legislature and the United States Congress. if TXDPS and /or the subject matter of this MOU become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would render the deliverables to be provided under this MOU impossible, unnecessary, void or substantially amended or that would terminate the appropriations for this MOU, TXDPS may immediately terminate this MOU without penalty to, or any liability whatsoever on the part of, TXDPS, the State of Texas and the United States. Termination under this section is immediate, so TXDPS is not required to provide thirty (30) days notice under this section. Section 7.2 Termination by Default In the event that Recipient or the Recipient's RMS Contractor fails to carry out or comply with any of the requirements of this MOU with TXDPS, TXDPS may notify Recipient of such failure or default in writing and demand that the failure or default be remedied within ten (10) days. In the event that Recipient fails to remedy such failure or default within the ten (10) day period, TXDPS will have the right to cancel this contract upon ten (10) days written notice. The cancellation of this MOU, under any circumstances whatsoever, will not affect or relieve Recipient from any liability that may have been incurred pursuant to this MOU, and such cancellation by TXDPS will not limit any other right or remedy available to TXDPS at law or in equity. Section 7.3 Termination for Cause or Convenience This Contract may be terminated as follows: a) For Convenience: This MOU may be terminated, without penalty, by TXDPS, without cause by giving thirty (30) days written notice of such termination to Contractor. November 13, 2008 Version 1.0 TXDPS CRIME RECORDS SERVICE MOU Page 6 of 6 SECTION 9. LIABILITY FOR HARM To the extent authorized by law, Recipient agrees to indemnify and hold harmless TXDPS, its Director, and its employees from and against any and all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrest or imprisonment or any cause of action whatsoever, arising out of or involving any negligence on the part of Recipient or its employees in the implementation of this agreement. SECTION 10. CERTIFICATIONS The undersigned contracting parties do hereby certify that: 1) The services specified above are necessary and essential for activities that are properly within the applicable statutory functions and programs of the affected parties; 2) The proposed arrangements serve the interest of the efficient and economical administration of the State of Texas and 3) The services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of the State of Texas to be supplied under contract to the lowest bidder. DPS certifies that it has authority to make this agreement under Chapter 411.006 of the Texas Government Code, and Chapter 411, Subchapter F of the Texas Government Code. SECTION 11. EXECUTION For the faithful performance of the terms of this MOU, the parties, by their authorized representatives, affix their signatures and agree that they have authority to bind their respective agencies to the provisions of this MOU and that they are so bound. This MOU may be executed by the parties in duplicate. MOU Approved by: Texas Department Of Public Safety (Name of Recipient) (Signature of Authorized Representative- Recipient) (Signature of Authorized Representative- TXDPS) (Printed Name of Authorized Representative - Recipient) (Printed Name of Authorized Representative- TXDPS) (Title of Authorized Representative- Recipient) (Title of Authorized Representative - TXDPS) DATE: DATE: November 13, 2008 Version 1.0 TXDPS CRIME RECORDS SERVICE Court ID Project SOW Page 1 of 2 SCHEDULE A STATEMENT OF WORK (SOW) Court Identification Pilot Project Recipient will implement RMS modifications through the purchase of software and /or professional services necessary to create an .xml file and FTP the file to the Court Livescan device to facilitiate communication between the Court RMS and the Iivescan device in order to automatically populate demographic data necessary for the creation of the NIST record and to eliminate the need for duplicate data entry. Timeline (please provide the number of hours as estimated to provide each of the different service types): Design Development Testing Implementation /Production RECIPIENT RMS MODIFICATIONS Future RMS modifications, enhancements, upgrades, replacement, conversion or alterations must accommodate all functionality implemented through this MOU and SOW without impact to performance or submissions. Recipients are advised to include relevant requirements or technical specifications which would affect functional performance for TXDPS EAR. WARRANTY AND MAINTENANCE Third party vendors MUST agree to warrant the Recipient's RMS modifications or resulting product delivered as the result of this MOU for a minimum period of six (6) months after documented user acceptance of each deliverable at no additional cost to the Recipient or TXDPS to be free of defects and meet or exceed all performance requirements stated in relevant TXDPS policies or guidelines. All maintenance and support on the Recipient's RMS will be the responsibility of the Recipient upon warranty expiration. MOU AMOUNT Recipient will receive funding from the TXDPS the amount of $ BUDGET DETAIL The following represents the budget outlined for this SOW for the period stated in MOU and SOW Term: Personnel Not an allowable cost under this MOU Fringe Benefits Not an allowable cost under this MOU Travel Not an allowable cost under this MOU Equipment Not an allowable cost under this MOU Supplies Not an allowable cost under this MOU December 2, 2008 Version 1.0', TXDPS CRIME RECORDS SERVICE Court ID Project SOW Page2of2 Contractual Other _ TOTAL CONTRACT AMOUNT $ MOU AND SOW PERFORMANCE METRICS Recipient agrees to complete the RMS to Court ID Livescan interface by August 31, 2009. Recipient agrees to submit electronically all applicable fingerprint court events on a timely basis. POLICIES AND GUIDELINES By signing this agreement, Recipient certifies that its personnel responsible for the RMS modification implementation have read, understood, and will fully comply with all TXDPS Livescan policies and guidelines related to EAR found online at: ftp: / /crspub.txdps.state.tx.us/ . Recipient will keep all personnel responsible for TXDPS Livescan fully informed as to all current or future policies and guidelines. MOU AND SOW TERM The MOU and SOW shall become effective on the date signed by the last of the two parties. The term of this MOU and SOW expires on August 31, 2009. EXECUTION For the faithful performance of the terms of this SOW, the parties, by their authorized representatives, affix their signatures and agree that they have authority to bind their respective agencies to the provisions of this SOW and that they are so bound. This SOW may be executed by the parties in duplicate. Statement of Work Approved by: Texas Department Of Public Safety (Name of Recipient) (Signature of Authorized Representative- Recipient) (Signature of Authorized Representative- TXDPS) (Printed Name of Authorized Representative - Recipient) (Printed Name of Authorized Representative - TXDPS) (Title of Authorized Representative- Recipient) (Title of Authorized Representative - TXDPS) DATE: DATE: December 2, 2008 Version 1.0