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HomeMy WebLinkAboutP-21-180 JUMP Technology Services.pdfCONTRACT INFORMATION SHEET DATE: Contract No.: Vendor Number: Contract Title: Name/Address: Contract Period: Representative: Using Agencies: Phone No.: Email: Terms: Bid Reference No.: Total Contract Amt.: $ Buyer Name: Requisition No:Org: Supersedes: NEW RENEWAL ADJUSTMENT REFERENCE TICK DATE DESCRIPTION: SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: REQUISITIONER: cn 6/2 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-21-180 May 27, 2021 JUMP Technology Services 1024 Iron Point Road Folsom, CA 95630 The County of Fresno (County) hereby contracts with JUMP Technology Services (Contractor) to provide ongoing maintenance and support IRUcontinued operation of LEAPS software for case management for Adult Protective Services (APS) in accordance with the text of this agreement, Exhibits “A” and “B”. TERM: This Agreement shall become effective July 1, 2021 and shall remain in effect through June 30, 2024. EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Exhibit “A” attached, at the rates set forth in Exhibit “B”also attached. ORDERS: Orders will be placed on an as-needed basis by the Department of Social Services under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of One Hundred Ninety-Seven Thousand Two Hundred Eighty Dollars ($197,280.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing PROCUREMENT AGREEMENT NUMBER: P-21-180 Page 2 JUMP Technology Services May 27, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-180 JUMP TECHNOLOGY SERVICES\CONTRACTS AND AMENDMENTS\P-21-180 LEAPS.DOCX market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: CONTRACTOR shall invoice County quarterly for LEAPS software fees in advance. The Agreement number must appear on all invoices when submitted to: DDSSInvoices@fresnocountyca.gov. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Cyber Liability: Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by CONTRACTOR in this Agreement and shall include, but not be limited to, claims PROCUREMENT AGREEMENT NUMBER: P-21-180 Page 3 JUMP Technology Services May 27, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-180 JUMP TECHNOLOGY SERVICES\CONTRACTS AND AMENDMENTS\P-21-180 LEAPS.DOCX involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. D. Technology Professional Liability (Errors and Omissions): Technology Professional liability (errors and omissions) insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence. Coverage must encompass all of the Contractor’s obligations under this Agreement, including but not limited to claims involving Cyber Risks. Definition of Cyber Risks. “Cyber Risks” include but are not limited to (i) Security Breaches, which may include Disclosure of Personal Information to an Unauthorized Third Party; (ii) breach of any of the Contractor’s obligations identified in Exhibit A of this Agreement; (iii) infringement of intellectual property, including but not limited to infringement of copyright, trademark, and trade dress; (iv) invasion of privacy, including release of private information; (v) information theft; (vi) damage to or destruction or alteration of electronic information; (vii) extortion related to the Contractor’s obligations under this Agreement regarding electronic information, including Personal Information; (viii) network security; (ix) data breach response costs, including Security Breach response costs; (x) regulatory fines and penalties related to the Contractor’s obligations under this Agreement regarding electronic information, including Personal Information; and (xi) credit monitoring expenses. E. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, DSSContractInsurance@fresnocountyca.gov, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. PROCUREMENT AGREEMENT NUMBER: P-21-180 Page 4 JUMP Technology Services May 27, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-180 JUMP TECHNOLOGY SERVICES\CONTRACTS AND AMENDMENTS\P-21-180 LEAPS.DOCX COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Exhibits "A" and “B”; (2) Exhibits "A" and “B”. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. PROCUREMENT AGREEMENT NUMBER: P-21-180 Page 5 JUMP Technology Services May 27, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-180 JUMP TECHNOLOGY SERVICES\CONTRACTS AND AMENDMENTS\P-21-180 LEAPS.DOCX This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email. Please refer any inquiries in this matter to Crystal Nino, Purchasing Technician, at 559-600-7113 or cnino@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:cn Gary Cornuelle Digitally signed by Gary Cornuelle Date: 2021.06.02 11:25:36 -07'00' PROCUREMENT AGREEMENT NUMBER: P-21-180 Page 6 JUMP Technology Services May 27, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-180 JUMP TECHNOLOGY SERVICES\CONTRACTS AND AMENDMENTS\P-21-180 LEAPS.DOCX CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Print Name & Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 56108550 Account No.: 7295 Requisition No.: 5612101206 (02/2021) JUMP Technology Services 1024 Iron Point Road Folsom CA 95630 (916) 357-6779 918-895-9142 denise.brinkmeyer@jumpfaster.com Denise M. Brinkmeyer, President &CEO Alan Brinkmeyer, Treasurer Exhibit A Page 1 of 6 SUMMARY OF SERVICES ORGANIZATION: JUMP Technology Services ADDRESS: 1024 Iron Point Road Folsom, CA 95630 TELEPHONE: (916) 357-6779 CONTACT: Denise Brinkmeyer, President EMAIL: denise.brinkmeyer@jumpfaster.com CONTRACT: LEAPS – Case Management SaaS for Adult Protective Services TERM: July 1, 2021 – June 30, 2026 AMOUNT: $197,280.00 PROJECT DESCRIPTION JUMP Technology Services shall be responsible for providing updates, ongoing technical support, and training for LEAPS, a web-based comprehensive case management and reporting system for Adult Protective Services (APS). CONTRACTOR’S RESPONSIBILITIES A. Software Licenses and Hosting Services 1. Licenses 1.1. On any JUMP developed Licensed Software, COUNTY will receive a personal, nonexclusive and nontransferable license to use the Licensed Software and related documentation. 1.2. Access to the hosted software by each active COUNTY user account during the billing period will be included in the licensed user count regardless of the length of time the account was active in the billing period. 2. Ownership 2.1. Except for the rights expressly granted herein, this Agreement does not transfer from JUMP to COUNTY any intellectual property and/or developed technology, and all right, title and interest in and to such property/technology will remain solely with JUMP. 3. Trade Secrets and Source Code 3.1. COUNTY agrees that it will not, directly or indirectly, reverse engineer, decompile, dissemble or otherwise attempt to derive source code or other trade secrets from JUMP's developed technology. 4. Confidential Information 4.1. During the term of this Agreement, each party may disclose to the other certain proprietary or confidential information, which shall be received in confidence and shall not be revealed to third parties or applied to uses other than recipient's performance of its obligations hereunder. Exhibit A Page 2 of 6 4.2. Neither party shall disclose, advertise or publish the specific terms or conditions of this Agreement without the prior written consent of the other party, except (i) as may be required by law and (ii) to its professional advisors and to investors or potential investors. 4.3. COUNTY will maintain all rights and privileges to its specific database content. JUMP shall have no rights or privileges to database content, other than as required to implement JUMP technology and for the purpose of training, research, support, and maintenance of the licensed software. 5. Compliance with Laws. 5.1. JUMP shall not publish or disclose, permit or cause to be published, disclosed, or used, any confidential information pertaining to a public social services applicant(s) or recipient(s) obtained in the course of work performed for or with COUNTY. 5.2. JUMP will establish and implement appropriate privacy and security safeguards with respect to COUNTY'S Protected Health Information that may be maintained, transmitted or viewed in connection with the services under this Agreement. JUMP affirms that to the full extent pertinent to the services provided under this Agreement, such safeguards will be consistent with the standards set forth in regulations under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”) as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (“HITECH Act”) and the (“HITECH Act”) and the Omnibus Rule (the “Final Rule”) published on January 17, 2013. 5.3. To the full extent pertinent to the services provided under this agreement, JUMP shall comply with Sections 13401 and 13404 of the HITECH Act to comply with the HIPAA Security Rule, Sections 164.308 through 164.316, and the use and disclosure provisions of the HIPAA Privacy Rule, Sections 164.502 and 164.504. 5.4. MediCal PII information that may be shared with JUMP by COUNTY or which JUMP may view or come into contact with in the course of delivery of services under this Agreement shall be held as confidential and shall be used only in accordance with Welfare and Institutions Code section 14100.0 and 42 Code of Federal Regulations section 431.300 and sections following, as permitted under the terms of this Agreement and/or as required by law, and/or by court order. 5.5. JUMP personnel who may encounter legally protected HIPAA or MediCal PII data in the performance of services under this Agreement shall be informed of legally confidential nature of such data and of the civil and criminal sanctions for non-compliance with the applicable federal and state laws. 6. Hosting Service 6.1. Internet Connectivity Service Not Included. COUNTY acknowledges that this agreement does not provide Internet Service Provider (ISP) connectivity services. COUNTY shall obtain and maintain a separate Internet connection agreement through an ISP in order to access the licensed software. 6.2. Data Location. JUMP will host the licensed software including the database within the United States on a server co-located at Rackspace or other mutually agreed upon data center provider. 7. Warranty 7.1. Anti-Virus Warranty. 7.1.1. JUMP represents and warrants that licensed software as written and delivered via the Internet will not contain any virus, worm, or other codes or routines designed to disable, damage, impair or erase software or data on the equipment upon which the licensed software is accessed. Exhibit A Page 3 of 6 7.1.2. COUNTY acknowledges that the licensed software is dependent upon an Internet browser installed upon the user's computer and that JUMP's warranty does not extend to the Internet browser. 7.1.3. COUNTY shall retain responsibility for anti-virus including the Internet browser on the user's computer. 7.1.4. COUNTY represents and warrants that it shall not upload electronic documents or files to the licensed software which contain any virus, worm, or other codes or routines designed to disable, damage, impair or erase software or data on the equipment upon which the license software is installed and hosted. B. Software Maintenance and Product Support 1. Definition of Support Services 1.1. For critical outages, COUNTY representatives may contact JUMP by telephone at designated after-hours numbers that will be provided at execution of this agreement. All non-critical incidents and requests for service must be reported via JUMP's Support Services Center (SSC) via the COUNTY support portal by authorized COUNTY representatives located at https://jumpssc.com. For privacy and security as well as timeliness tracking, support inquires may not be sent via email. JUMP's analyst will respond to COUNTY Program inquiries, coordinate resolution of Program problems, including the verification of any reported errors, provide acceptable problem workaround, and communicate with designated COUNTY representatives on status and/or for additional problem information and supply the Error Corrections and/or Update Release, as necessary. 2. Support Plan 2.1. COUNTY representatives may access support through the COUNTY support portal or by calling 918-624-5867 during normal business hours. Normal business hours are between 7 a.m. and 7 p.m. (Central Time), Monday through Friday, excluding national and JUMP company holidays. A list of JUMP company holidays is below as Exhibit B, and is subject to change from year to year. The total number of JUMP company holidays is not to exceed ten (10) days per year. For after-hours contacts, JUMP will provide two, emergency contact numbers. Service includes the following: 2.1.1. Access to support service through web portal and phone (after hours emergencies) 2.1.2. Access to support services by up to three (3) designated COUNTY contacts 2.1.3. Access to available Update Release documentation 2.1.4. Web portal access provides 2.1.4.1. Submitting Program inquiries or reporting Program problems 2.1.4.2. Access to Program technical tips 2.1.4.3. Access to Program problem and solution list(s) 2.1.4.4. Access to available Patches 2.1.4.5. Review COUNTY call/issue & status 2.1.4.6. Review COUNTY maintenance contract status 3. Reporting Service Requests to the Support Services Center 3.1. All COUNTY requests, inquiries, or issue reports submitted to JUMP Technology Services (HDT) must be made by a designated COUNTY contact. HDT will be assigned one of four categories: 3.1.1. Technical Assistance: Questions about Program usage and installation that do not result in registration of a program defect or enhancement request. 3.1.2. Program Defect: A COUNTY encounters a problem that is determined to be an Error or defect in the Program. Exhibit A Page 4 of 6 3.1.3. Feature Enhancements Requests: Request for a tool or feature that is not included in the current set of JUMP Technology Services’ produced or licensed software or features. JUMP will review COUNTY’s requests for feature enhancement during normal JUMP systems update cycles. JUMP will provide a quote for the enhancement in total hours to be charged against the COUNTY contract or additional charge to be added to the current contract. 3.1.4. Documentation Discrepancies: Lack of information or clarity in COUNTY documentation. 3.2. All HDT submitted to the SSC shall be made in the form of an issue report and shall include the following: 3.2.1. Contact information for the designated COUNTY contact reporting the problem. 3.2.2. A general description of the operating environment in which the issue was discovered (as applicable). 3.2.3. A description of relevant hardware components in the environment (as applicable). 3.2.4. A description of relevant software components (operating system, browser) in the environment and their versions. 3.2.5. A description of the problem and expected results. 3.2.6. System generated error messages or diagnostics where available. 3.3. JUMP will prioritize each issue report according to the following definitions: 3.3.1. High Priority. Critical business impact. The COUNTY has complete loss of service and work cannot reasonably continue; experiences real or perceived data loss or corruption; an essential part of the system is unusable for the COUNTY, which results in the inability to use a mission critical application. 3.3.2. Medium Priority. Some business impact. The problem seriously affects the functionality of the Program but can be circumvented so that the Program can be used; or that the Program as a whole functions but that a certain function is somewhat disabled, gives incorrect results or does not conform to the specifications. 3.3.3. Low Priority. Minimal business impact. The COUNTY can circumvent the problem and use the system with only slight inconvenience. The error can be considered insignificant and has no significant effect on the usability of the software, e.g., a small system error or a small error in the documentation. This priority is also used for questions, comments, and requests for enhancements to the software. 3.4. JUMP will acknowledge COUNTY'S reported issue according to the priority assigned by JUMP. Acknowledgement time shall mean the time between COUNTY reporting the issue to JUMP and the time JUMP notifies the COUNTY that it acknowledges the situation. 3.4.1. High Priority. Acknowledgement within 2 business hours. 3.4.2. Medium Priority. Acknowledgement within 1 business day. 3.4.3. Low Priority. Acknowledgement within 1 business day. 3.5. JUMP will respond to COUNTY'S reported issue according to the priority assigned by JUMP. Response time shall mean the time between COUNTY reporting the issue to JUMP and the time that a JUMP analyst or representative is assigned and actively working to remedy the issue. 3.5.1. High Priority. Response time within 2 business hours. 3.5.2. Medium Priority. Response time within 3 business days. 3.5.3. Low Priority. Response time within 5 business days. 3.6. JUMP's undertaking: For each HDT reported by COUNTY, JUMP undertakes to: Exhibit A Page 5 of 6 3.6.1. Maintain a web portal for COUNTY to report a problem and receive assistance 3.6.2. Acknowledge receipt of all reports to COUNTY. The acknowledgement shall be in written form and shall provide the name of the representative to which the HDT is assigned as well as a priority assignment which indicates a time-frame in which a response from JUMP can be expected according to the response times in 3.5 above. 3.6.3. Analyze the report and verify the existence of the problem 3.6.4. Give COUNTY direction and assistance in resolving technical issues. 3.7. Defect Correction Goals. 3.7.1. For each confirmed defect where the JUMP software product does not conform to the technical product specifications, JUMP may propose both an interim and final resolution. 3.7.1.1. Interim Solution. A temporary solution that lowers the priority classification of the issue. 3.7.1.2. Final Solution. A permanent correction which causes the product to conform to the technical product specification. 3.7.2. High Priority. 3.7.2.1. Interim Solution - All commercially reasonable effort until the defect is repaired 3.8. COUNTY'S undertaking: 3.8.1. Appoint designated Contacts from COUNTY'S organization for all matters relating to the support issues for JUMP systems 3.8.2. Obtain all necessary information for each issue reported as outlined in 3.2 above. 3.8.3. Include JUMP’s identifying HDT number in all subsequent communications with JUMP regarding the HDT. 3.8.4. Respond to all JUMP requests for additional information. 3.9. Closure of HDT 3.9.1. HDT will be considered to be resolved and will be closed under the following conditions: 3.9.1.1. COUNTY receives an error correction, a workaround, or information that resolves the issue. 3.9.1.2. The reported Issue is identified as not a problem with the JUMP product. 3.9.1.3. If the HDT results in a defect correction that will be routed to the product support team and COUNTY has been advised of the acknowledgement and receives a version number for the defect resolution. 3.9.1.4. If the HDT is classified as an enhancement request and the COUNTY has provided information regarding the business problem created by the absence of the enhancement, and the product team has provided an enhancement reference number to the COUNTY along with a quote. 3.9.1.5. COUNTY has not responded after 10 business days to JUMP after information was provided via a final message left on the HDT or voicemail. 3.10. Software Releases 3.10.1. Prior to the release of any new version, JUMP will provide a detailed release plan and make available, upon COUNTY'S request, a test system for COUNTY'S review and testing of the new release. Upon successful testing and acceptance by the COUNTY, JUMP will schedule the upgrade with the COUNTY at a mutually agreed upon time. 3.10.2. All software versions must be installed in sequence. Exhibit A Page 6 of 6 3.10.3. JUMP may, at its discretion, delay installations for COUNTY accounts with overdue invoices. Consulting and Training Services 1. Intellectual Property 1.1. Any ideas, concepts, know-how or data processing techniques, developed by JUMP personnel (alone or jointly with the COUNTY) in connection with consulting services provided under this agreement are the exclusive property of JUMP. 2. Web Based Training 2.1. All training requests will be scheduled by COUNTY representative through JUMP's web portal. 2.2. Cancelation and rescheduling must be coordinated by COUNTY representative rather than end users. 2.3. All cancelations to scheduled training must be made 48 hours prior to the scheduled training session. Cancelations less than 48 hours from the scheduled training session may result in $150 cancelation charge. 2.4. JUMP shall provide a qualified trainer for each web based training class ordered by COUNTY. 3. On-Site Training 3.1. COUNTY shall provide facilities and equipment for all onsite trainings. For initial training, COUNTY shall provide an appropriate training room, with a computer and high speed internet connection for each student and the JUMP trainer as well as a linked projector suitable for use with the provided trainer computer and a projection screen. 3.2. JUMP shall provide a qualified trainer for each on-site training class ordered by COUNTY. 3.3. JUMP shall provide a training version of the system. 3.4. All on-site training classes require two weeks' notice of cancelation. Cancelations less than two weeks prior to the training date may results in $500 cancelation charge. 4. Training System for COUNTY Led Training 4.1. COUNTY may utilize the JUMP training or testing system to conduct COUNTY led training. 4.2. COUNTY acknowledges that the training and/or testing system is part of JUMP'S temporary staging and development environment and is not guaranteed to be available without interruption. 4.3. COUNTY acknowledges that the training system, when available, is offered without warranty and that COUNTY will not use the training system to enter electronic protected health information (ePHI). 4.4. COUNTY will maintain all rights and privileges to its specific database content. JUMP shall have no rights or privileges to database content, other than as required to implement JUMP technology and for the purpose of training, research, support, and maintenance of the licensed software. COUNTY’S RESPONSIBILITIES A. Provide assistance, as needed, to JUMP for updates, meetings, trainings, and work sessions. B. Meet with JUMP at least quarterly to exchange pertinent information, resolve issues, and review system updates. Exhibit B Page 1 of 1 JUMP Technology Services Budget – LEAPS for APS Item FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 LEAPS 31-40 $28,800.00 $28,800.00 $29,664.00 $29,664.00 $30,552.00 Training – Web Based $960.00 $960.00 $960.00 $960.00 $960.00 Weekly Database Backups $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 Additional Enhancements $15,000.00 Yearly Total $35,760.00 $35,760.00 $36,624.00 $36,624.00 $37,512.00 Five Year Total $197,280.00 Budget Detail Narrative Item Description LEAPS 31-40 License and hosting for 31-40 users Training – Web Based Web based training; 12 hours @ $80/hour Weekly Database Backups Weekly data extracts of all Department data via secure FTP server; $1,500/fiscal quarter Additional Enhancements Optional enhancements/upgrades purchased at $95/hour at the request of County. Unused funds roll over from year to year.