disaster recovery and business continuity for odyssey case … · 2011. 8. 9. · case management...

DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

August 9, 2011

ADDENDUM

REPORTS/RECOMMENDATIONS/REQUESTS

1) DISTRICT CLERK / COUNTY CLERK

PAGE NOS.

Disaster Recovery and Business Continuity for Odyssey Case Management System ..................................................................................... 1-2

DISTRICT CLERK GARY FITZSIMMONS

June 29, 20 II

To:

From:

Subject:

Dallas County Commissioners Court, Ryan Brown, Budget Director

John F. Warren, County Clerk. Gary Fitzsimmons, District Clerk

Backgrouud ofIssue

1

,l\:) ',,;

COUNTY CLERK JOHl~ WARREN

,:::; CJUi\i

.,H II. 04 Hrl I'

Both the county and district clerks use Tyler Technologies Odyssey software application for our case management system for the civil, family, county courts at law, probate and truancy courts. Presently Dallas County does not have a disaster recovery or business continuity plan for continued operations should we experience a disaster and are required to vacate the building(s). Both the county and district clerk have met with Tyler Technologies regarding the implementation of additional enhancements to our current application.

Tyler Technologies has offered their eRecovery module to host all data currently being entered into the Odyssey case management system. This will provide ns with a unified business continuity for our courts in the event we are again faced with a disaster or if the need to vacate the building( s) for any reason.

The purpose of this briefing is to present this disaster recovery solution to Commissioners Court with a recommendation from both the county and district clerks for approvaL

Impact on Operation/Financial

As indicated, the eRecovery module will give us the ability to both continue court operations and protect and maintain the integrity of our data should we be faced with a disaster. The cost associated with the eRecovery module is approximately $45,000 annually. The county and district clerk will split the cost equally. The county clerk will pay $22,500 from his records management fund. The district clerk will pay $22,500 from his court records preservation fund (94083). The clerks have agreed to enter a one year eRecovery agreement with a one year renewal for up to four year.

2

Legal Impact

None.

Recommendation

The County and District Clerk recommend approval of the implementation of the eRecovery module the provide disaster recovery and business continuity for the courts operating on the Odyssey Case Management System.

G Digitally signed by Gary J. Fitzsimmons a ry J. DN: co,,,,Gary J. Fitzsimmons, o=Dalias County District Clerk, ou=Dallas County,

a: .. [email protected],

.x::ltzslmmons .C-""UScmrmh7, =""""TITV

Gary Fitzsimmons, Dallas cJ'tlliW b1Mfi~rere1'R'°

2

1

DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

August 9, 2011

REPORTS/RECOMMENDA TIONSIREQUESTS PAGE NOS.

1) HEALTH & HUMAN SERVICES

a) FY 2011 Ryan White HIV / AIDS Treahnent Extension Act of 2009 Part A Formula Contract Awards ........................................................................ 5-7

b) FY 2011 Ryan White HIV / AIDS Treatment Extension Act of 2009 Part B Formula Contract Awards ........................................................................ 8-9

2) SHERIFF

a) Modular Furniture Donation .......................................................................... 10-11 (COURT ORDER ON FORMAL AGENDA)

b) Reimbursement of Funds, United States Marshals Service Northern District of Texas Dallas/Fort Worth Divisions Fugitive Apprehension Strike Team (DFW FAST) MOU ............................ 12-16

3) JUVENILE

a) Juvenile Detention Alternatives Initiative ..................................................... 17-18

b) Renewal of Inter-local Agreement with Victoria County for FY2012 ........ 19-21

c) FY2012 Dental Service Inter-local Agreement... ............................................ 22-23

d) Licensure as a Functional Family Therapy Provider. .................................. 24-25

4) OFFICE OF INFORMATION TECHNOLOGY

a) Server Support - Austin Ribbon & Computer Personal Services Contract - Stuart Armstrong ........................................................ 26-27

8/9/2011

2

b) Windows Server Licenses for OnBase Non-Production Environments ................................................................................................. 28-29

c) Extended Funding for Personal Services Agreement for Craig Morrissey in Support of DCSO RMS and DCSO Projects ............. 30-33

d) Payment Card Industry Compliance .......................................................... 34-36

5) PUBLIC WORKS

Merrifield Road, MCIP 40210 (From Merrifield Road - south Extension east of Mountain Creek Parkway to Proposed Grady NibIo Road) Consultant Engineering Services Contract for Phase I Preliminary Design .................................................................................................... 37-70

6) PURCHASING

Request for Proposal for Laboratory Analysis and Drug Testing Services of Urine and Blood Specimens ................................................................. 71-96

7) COMMISSIONERS COURT ADMINISTRATION

a) Dallas County Policies and Practices Regarding the Public Information Act and Open Records Requests ............................ 97-263

b) Project Proposals for the Adult Case Management System (ACMS) Phase 2: TechShare Justice - Criminal Courts Module Planning, and TechShare Justice - Prosecutor Module Planning ........................................ 264-300

c) Selection of Dallas County Chief Information Officer ......................... 301-302 (COURT ORDER ON FORMAL AGENDA)

8) DISTRICT ATTORNEY

Engaging Outside Counsel to Pursue the Collection of Recording Fees owed to Dallas County as a result of the failure of Mortgage Companies to Pay Recording Fees when Mortgages are Sold or Assigned ................. Nj A

8/9/2011

3

9) BUDGET

a) Conference/Travel/Training Requests .................................................. 303-306

b) Hiring Freeze ............................................................................................. 307-308

c) Dallas County Desktop Book. .................................................................. 309-310

d) FY 2012 Budget Update ................................................................... Presentation

10) INFORMATION ....................................................................................................... N/A

• Jail Population Report • Office of Budget & Evaluation:

Reserve Balance Report August 3, 2011 Amendment to Extend cope Lease ~ 8224 Park Lane Amendment to Expand Leased Premises at 3310 Live Oak

• Purchasing - Annual Contract Extensions • Health & Human Services - HHS Updates

11) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................... 311-329

12) PUBLIC COMMENTS

Speakers ...................................................................................................................... N/ A

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

Letter to Aubrey Brewer

Letter to Patricia Prahl

Letter to Anna Ardinger

Letter to Kim LaPlante

8/9/2011

4

DATES TO REMEMBER

Parkland Quality & Development Plan Meeting Tuesday, August 16,2011 - 1:00 p.m.

Parkland Budget Hearing Tuesday, August 30,2011 - 11:00 a.m.

* *

Labor Day

Monday, September 5, 2011

8/9/2011

5 <5'",.TV o_". DALLAS COUNTY ~B~ HEALTH AND HUMAN SERVICES -""0>"+'" GRANTS MANAGEMENT

Zachary Thompson Director

TO:

FROM:

DATE:

COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

AUGUST 9, 2011

SUBJECT: FY 2011 RYAN WHITE HlV/AIDS TREATMENT EXTENSION ACT OF 2009 PART A FORMULA CONTRACT AWARDS (

Background ofIssue The Dallas County Judge is the grantee and legal recipient ofthe Ryan White HIV/AIDS Treatment Extension Act of 2009 (TEA) Part A Fonnula grant for the Dallas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DCHHS is responsible for completing the grant application, managing the sub-recipient award process, tracking the expenditure of funds by service providers throughout the contract period and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of the TEA, the grantee appoints members to serve on the Dallas EMA Ryan White Plarming Council (RWPC). The R WPC is charged with the responsibility of establishing priorities for the allocation of TEA funds and determining allocation of funds by service category.

Ofthe $8,839,068 allocated to service providers, contract amendments and budgets in the amount of $2,746,048 are submitted under this briefing for approval.

Fiscal 1m pact There is no fiscal impact to Dallas County.

Operational Impact Administrative Agency staff will coordinate and monitor the progranunatic and fiscal accountability ofthe subcontractors in accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

Legal Impact The Dallas County Commissioners Court must approve the award recommendations and authorize the County Judge to sign the contracts on behalf of Dallas County.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act of 2009 Part A grant. The FY 20 II Ryan White Part A Formula grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV/AIDS.

Commissioners Court August 9, 2011 Page 2

Recommendation

6

It is recommended that the Dallas County Commissioners Court does hereby approve the award of FY 2011 Part A Formula funds in the amount of $2,746,048, to service providers reflected in the attachment, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County.

RECOMMENDED BY: ___ +~=..=::;;~~-::::::.I-=":"-=.=-__ _

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

7/29/lf)1)

FY 2011·2012 Ryan WbitcPart A Formula Award 7

AC,"CV . . . !. .. ::::;

AIDS Anns,lnc.

AIDS Interfaith Network, Inc.

AIDS Services of Dallas

Healtb Services of North Texas,lnc.

Dallas County Hospital District d.b.a. Parkland

HClIlth and Hospital System

Dental Health Progrnms, Inc..

Legacy Counseling Center

Open Arms,lnc. d.boa. Bryan'S" House

Resource Center of Dallas,loe. d.b.a. AIDS Resollrce Center

Welcome House,lnc.

,.

1-2012 RYAN WHITf. P,\RL\

R"p,l. I~'

~

z;j

!,19

" '89

..... ,i

AITACHME,.,,'T A

....•... < . ..,. .,. .

, ..

'95,379

"I;

9,100

-"" 10.<,

.,000

'" .;82

',496 2,886,558 7,,,.731

(1,496) IS15,884 1,515~84

10,216,,,..

8 DALLAS COUNTY HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT DIVISION

Zachary Thompson Director

TO:

FROM:

DATE:

SUBJECT:

COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

AUGUST 9, 2011 U1

FY 2011 RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 200f" PART B FORMULA CONTRACT AWARDS

Background of Issue The Dallas County Judge is the grantee and legal recipient of the Department of State Health Services (DSHS) HIV - Ryan White Part B Formula grant funds. Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for these funds. The DSHS HIV Administrative Service Area (HASA) includes the Dallas Health Service Delivery Area (HSDA) encompassing Collin, Dallas, Denton, Ellis, Hunt, Kaufman, Navarro, and Rockwall counties; and the Sherman-Denison HSDA encompassing Cooke, Fannin, and Grayson counties. In accordance with the provisions of the DSHS grant, the Administrative Agency is responsible for program administration, planning, and evaluation for the HASA.

The FY 2011 Ryan White Part B Formula Contract award, in the amount of$2,811,261 is allocated to direct services. Of the $2,811,261 allocated to service providers, contract amendments and budgets in the amount of $7,681 are submitted under this briefing for approval.

Fiscal Impact There is no fiscal impact to Dallas County.

Operational Impact DCHHS staff will coordinate and perform administrative activities in accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

Legal 1m pact The Dallas County Commissioners Court must approve the contracts and budgets as presented in AttacInnent A and authorize the County Judge to sign the contracts on behalf of Dallas County.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act Part B grant. The FY 2011 Ryan White Part B Fonnula grant directly supports a regional indigent medical and mental health care network for those impacted by HIV / AIDS.

Recommendation It is recommended that the Dallas County Commissioners Court does hereby approve the award ofFY 2011 Ryan White Part B Formula contract amendments and budgets in the amount of$7,681 as presented in Attachment A, and authorize the County Judge to sign contract amendments with the specific service providers

on behalf of Dallas county~. ...--/' /

RECOMMENDED BY: ~~ ;::t:.!S<A..) uachary-T~psollA>irector

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

r., . c. c ::::>

9 ATTACHMENT A

FY 20U-2012 Part B Formula - Ryan Wbite Service Delivery Award

~' ... ' •. ' .. ·'<.ii· . . ,' "c"r"":" ·..es,·....·,· .. i ',-' ,..-'.i,"· AGENCY

, i.;

AIDS Arms. Inc.

Dallas County Hospital District d.b.a. Parkland

Health and Hospital System

SERVICE CATEGORY TOTAL AWARD

'.

>OF' .. : .....• ,..., •. ",,·,i.'· ,'" .. , .' . , ... (

"-" FUNDS'

Medical' 0.00 0.' Outreach - Lust to Can: 0.00

, Medical Care 0.00 0.'

.• '. .' 01'1 .. '. ". ··~;OO . '. ~0ldt.,~~~~~ ~ :;;.t,····.;; ",i"'".',.,' ·.i . •. ' ... ·.!'i~

Resource Center of Da"as, Inc. f-=:=::J~O~nl~H~ealtb~c~.re~!::===t==:::~ 1~~t=====t==="~5; .. 9~'OO~8t.lO' d.b.a. AIDS Resource Center \- Medical ~ _?(),702.0( 'ood PantrY 100.679.0{

91~~~~~~~~~~:r-':'" .... r<J rA~'.· 0.00 .••.•..•.. P E ~ ""'i) ... "'" ··',.f. . ..... Welcome House, Inc.. Case: 9.779.0 .. 9,779.0t

)TO ) FillDS ) Fill DS

IT. :HSDA

H.y"'.···· .....,' ". " ... ", ,"" G .,.,iC, Your Health Clinic Case I

Medical' Food PantrY

, Medical Care

8.028.0 . 8,028.0C

0.00

0.00

3.750.00 3,931.00

17,807.00 i .. ,.·,.· ... ;;,·.··

t. 130.1.

". . ... , ....• .'y."., .•. 7,681.00

'FUNDS 0.00 0.00 0.00

812/201 ]

Date:

To:

From:

Subject:

1 0

MEMORANDU.iltM~~6. ! DALLAS COUNTY SHERIFF'S DEPA~rtil!JJ ~~ r.t'1 MANAGEMENT SERVICES . W

August 3, 2011

Darryl Martin Court Administrator

Da~1P.(omas, Chief Financial Officer

Rationale for Same Day Briefing and Court Order

Mr. Martin, we are requesting same day briefing and court order for furniture donated from MoveAssure to pick up the furniture as soon as possible.

Thanks for your consideration. If further information is needed, please contact me at (214) 653-2765 or (214) 673-0200.

1 1

Memorandum Dallas County Sheriff's Department

DATE: August2,2011

TO: Commissioners Court

FROM: Darryl D. Thomas, Chief Financial Officer

SUBJECT: Modular Furniture Donation

BACKGROUND

Rabo Bank International and Hallmark Financial Group have offered to donate a total of 57 modular units of furniture to the Dallas County Sheriffs Department. These units will aid in the completion/setup of the Transportation Unit that will be located on the first floor Sheriff Administrative area of the Frank Crowley Building.

LEGAL

Section 81.032 of the Local Government Code allows the Conunissioners Court to accept the donation of property on behalf of the county for the purpose of performing a function conferred by law on the county or a county officer.

FINANCIAL IMPACT

The modular units being offered (at no cost to Dallas County) have an estimated value of between $1000-$1200/unit. Dallas County is responsible for the dissembling and moving of the units from their current locations (Richardson and Ft. Worth Texas). The units are currently located in lease office spaces and require special tools to disassemble. MoveAssure has agreed to dissemble and move the 57 units to the dock area at their current location for a total fee of$4,1 13.20. After which, County resources will pick up and store the units until such time they are ready to be re-assembled. Funding for this project will be covered by Sheriffs Department Federal Forfeiture funds.

STRATEGIC PLAN COMPLIANCE

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 3.4: Dallas County is safe, secure, and prepared. Maximize the effectiveness of County criminal justice resources. This donation will provide resources to Dallas County that will be used to improve the office organization in the Sheriff Department.

RECOMMENDATION

The Sheriffs Department recommends that Conunissioners Court accept the donation modular furniture from Rabo Bank International and Hallmark Financial Group and contract with MoveAssure for the dissembling of the units at a cost of$4,1 13.20.

Respectfully submitted

l7D4a,4/~ Darrryl D. Thomas, CFO Dallas Sheriff Department

Date:

To:

From:

Subject:

Background

1 2

August 2, 2011

Darryl Martin, Commissioners Court Administration

Darryl Thomas, Chief Financial Officer

Reimbursement of Funds: United States Marshals Service Northern District of Texas Dallas/Fort Worth Divisions Fugitive Apprehension Strike Team (DFW FAST) MOU

The US Marshals Service Northern District of Texas Dallas/Fort Worth Divisions Fugitive Apprehension Strike Team (DFW FAST) has made funds available to Dallas County to pay for overtime and vehicle fuel and maintenance for FY 2011. The US Marshal will reimburse Dallas County up to $30,000 in overtime funds and up to $6,000 for vehicle fuel and maintenance.

On May 29, 2007, the Dallas County Commissioners Court of Dallas County, Texas ordered, adjudged, and decreed that the Dallas County Commissioners Court approved the continuation of the Dallas Sheriff's Department participation in the Dallas/Fort Worth Fugitive Apprehension Strike Team Task Force.

DFW FAST assists the Dallas County Sheriff's Department in the apprehension of dangerous and or violent criminals and other high priority cases.

October 28, 1999, Dallas County Sheriff's Department and the United States Marshals Service engaged a Memorandum of Understanding in order to establish an on-going Ad Hoc Fugitive Task Force. The Task Force periodically organized apprehension teams consisting of members from participating North Texas agencies targeting fugitives on state and federal warrants.

July 22, 2003, the Dallas County Commissioners Court approved Dallas County Sheriff's Department, as a DFW FAST participating agency, acceptance of funds from the Bureau of Justice Assistance Grant for Project Safe Neighborhood (PSN) to reduce crimes within Dallas County by arresting offenders wanted on criminal warrants and that the County Judge is authorized to sign all related documents.

1 3

Darryl Martin, Commissioners Court Administrator DFW FAST Memorandum of Understanding August 2, 2011 Page Two

On December 3, 2003, the Sheriff's Department adopted the Deputy US Marshal and Strike Team Officer Indoctrination as a guide and/or operating procedures for DFW FAST participating members.

In January, 2004, the United States Marshals Service for the Northern District established a full time Fugitive Task Force to target violent fugitives. The task force, known as the Dallas/Ft. Worth Fugitive Apprehension Strike Team or DFW FAST consists of Federal, State and local law enforcement authorities. The Sheriff's

Department has two deputies assigned to task force duties. Other participating Agencies include Dallas Police Department, Fort Worth Police Department, Tarrant County Police Department, Commerce Police Department, Greenville Police Department, Hunt County Sheriff's Department, Johnson County Sheriff's Department, Rhome Police Department, Texas Department of Public Safety - Special Crimes Hurst, Texas Department of Public Safety - Texas Rangers, United States Marshals Service, Department of Veteran Affairs - Office of Inspector General, Department of Housing & Urban Development, and the Social Security Administration - Office of InspeCtor General.

Program Overview

The Sheriff's Department would like Commissioners Court approval to seek and receive reimbursement of funds from the US Marshals Service.

DFW FAST will continue to assist Dallas County in the apprehension of dangerous and/or violent criminals and other high priority cases as designated by the Dallas Sheriff's Department.

DFW FAST is staffed with federal agents and officers representing each participating agency or department. Upon referral by the Sheriff's Department, Dallas County warrants are selected by the task force and used to identify and target violent offenders in the Northern District of Texas.

The Memorandum of Understanding (MOU) and Standard Operating Procedures serve as a guide for agencies and departments participating in DFW FAST regarding procedures, authority, training, equipment, and general duties.

As a participant of DFW FAST, the Sheriff's Department is provided with additional training and resources for Fugitive Apprehension efforts not readily afforded to

Darryl Martin DFW FAST Memorandum of Understanding August 31, 2011 Page Three

1 4

department members. The Sheriff's Department members, along with Strike Team Officers and US Marshals receive monthly training that includes live fire exercises and entry and arrest techniques. US Marshal Service Deputation of select Sheriff's Deputy enhances members' arrest power, extends jurisdictional authority nationwide, authorizes armed travel on airlines and affords task members access to intelligence -federal computer banks: Social Security, HUD, etc.

Impact on Operation

The Dallas County Sheriffs Department Warrant Execution Section is charged with the responsibility of serving warrants of arrests issued by the Dallas County Court System for wanted persons located within Dallas County. This agreement affords the Sheriff's Department the opportunity to pull together various resources from this multijurisdictional task force and improves our ability to apprehend dangerous, violent, and/or high profile criminals.

The Sheriff's Department's participation in this project augments the existing services provided by the Sheriff's Warrant Execution Section by providing the means to direct additional law enforcement personnel, training, equipment and intelligence toward the apprehension of Dallas County's known violent offenders and fugitives.

Two selected deputy sheriff's are deputized as US Marshals. This enhances the two Deputy Sheriff's arrest powers and extends jurisdictional arrest authority nationwide. US Marshal deputation allows Sheriffs Deputies armed-travel authority on airlines and access to intelligence - federal computer banks, Social Security, HUD, etc.

DFW FAST supports Dallas County Missions by participating in fugitive round ups and providing quick access to additional officers and the means to become mobilized quickly when responding to jail escapes and other high profile cases.

Legal Impact

This Memorandum of Understanding has been reviewed and approved by the Sheriffs Legal Advisor. At all times, the laws and rights governing all peace officers are adhered to ensuring all citizens are equally protected according to the laws of the land.

Financial Impact/Considerations

There is no cost to Dallas County for the Sheriff's Department's participation in DFW FAST Task Force. Under the asset forfeiture funding rules, in order for the USMS to reimburse State and Local Agencies for overtime hours.

1 5 Darryl Martin, Commissioner Court Administrator DFW FAST Memorandum of Understanding August 2, 2011 Page Four

The MOU is not a commitment to staff DFW FAST full time or part time, staffing allocations and work hours will continue as they have been.

Recommendation

It is respectfully recommended that the Dallas County Commissioners Court approves the Sheriff's Department requestto seek reimbursed funds from the US Marshals Services and the continuation of the Dallas County Sheriff's Department participation in the DFW Fugitive Apprehe sion Strike Team of the Northern District of Texas.

/JIll Y/~ / J} (Date

~A~tQ'~ Darryl Th as Chief Fiscal Officer

r

i , I I

I-.S. Dt'p;mnu;ul of Juslil:c t;rll1,,j S(~:~S ,\bISilJls Service

1 6

"'t --6R?-

.JOINT LAW ENFORCEMENT OPERATIONS TASK FORCE OBLIGATION DOCUMENT Section I: Obliglltion Number

Section 2: PnrUcillfuing Agencies

i\otificatio{) to state ::md local agencies of Iunding provided in support of Joint Law Enforcement Operations, pursuant 10 the Memorandum of Under sinn ding (MOV) between:

Fiscal Yt'ar I FY: 2011 I FY, 2011 I

DALLAS COUNTY SHERIFFS DEPARTMENT And

The United States M:lrshnls Service (USt\'lS) NlTexas (77)

Section 3: Period of Performance

__ "N",o",v",e"m",b",e,,'-,1 __ , 20 ~ through _-"S",e"pl",.e",m",b",e"'-,3,,0,-_. 201.1

Section 4: Vehicle Il1fol"U111tion

Fud/~bintcnllncc nod r~ejtQrill!n

QUilntlty of vehicles QUillltity ofvchides: _2_

Tt)::d vehIcle purch;).s.; TOL'l1 vehicle fuc!/mailltcn;mC(; and retrofit: SO.OO J§,OOO.OO

Sectiol! S: Appropri:HiolJ DIlt:1

Org,lllizalioll I Fund I Project I SOC I Purpose I Dollar Amount

i 5042X . [SeleCI) 2570 Vehicle ! $,0.00 I 5042X I [Selecl) 2607 Fud/Maill!cnancc ~6.000.00 I

I FY'2011 I I 5042X [Selecl) 2544 Retrofit ! I

IfVC2011 I I 5042X '[Selecl) 2650 Rf\dios SO.OO

I FY, 2011 I i 5042X [Selecl) 2J73 Travel I SO.o.O

I FY, 2011 I I 5042X [Selecl) 2523 Training $O.OQ FY, 2011 I I 5042X [Select) 265J Equipment ~O.OO

FY, 2011 I I 5042X [Selecl) 2599 Overtime I $30,000.00

L ___ ._ I Total Obligation Amount: $36,000.00 _

Section 6: Contact Information

llistrict/nl"-rF 1'0(:: Stlile/toe:ll poc: ,------~--~~~~~~-------------t----------~~~~~~~------------~

i\;~lI\~: Trent Tou.~c~h~s~lo~n~e,,--______ Naill\!: ~J~o~s~e~p~h,-"C~o~s~l~a,-___ "_~" _______ "~"~

@) 767·0836 I'ho"" (214) 653-3461

_t.@.::!!.:.~?~~hstone@usdoi·gov Email: Joseph.Costa@dal!ascQunty.org

SetliOIl 7: r\utllorizlltitl}J

Fml1lUH,'!..f>()7 Rev, 10.'10

I I

I

Date:

To:

From:

Subject:

DALLAS COUNTY 1 7

JUVENILE DEPARTMENT '". ! 'C .. . . ' b; ;L",.)-.L .... , \~C'J""l

Henry Wade Juvenile Justice Cental'8MMISS!O"Ut i/ .. 2600 Lone Star Drive, Box 5 Dallas, Texas 75212 .

II JUL 29 AM 9: 39 MEMORANDUM

August 2, 2011

Dallas County Commissioners Court

Terry S. Smith, Ph.D., Director

Juvenile Detention Alternatives Initiative

Background of Issue:

Dr. Terry S. Smith :~" Director Juvenile Services \'\ihief Juvenile Probation Officer

At the May, 2006, meeting, the Juvenile Board approved participation in the Juvenile Detention Alternatives Initiative (JDAI) sponsored by the Annie E. Casey Foundation (AECF) and a professional services contract with Dr. Michael Lindsey to serve as the project coordinator overseeing the implementation of the project. On February 25, 2008, the Juvenile Bo.ard approved a professional services contract with Jema Hill-Cook to study and assess the Juvenile Department's case management process to determine the impact of current processes on the successful implementation of the JDAI. The board also approved stipend payments of $200 per pay period for Joe Sims, Facility Expediter and Vernetta Kinnard, Quality Assurance Administrator and Coordinator of JDAI community forums funded through AECF as well as the hiring of one part-time staff to assist the Juvenile Department's Statistics and Research Manager. Virginia Porter, County Auditor, was approved as the "Authorized Financial Personnel" for financial documents associated with the JDAI AECF grant.

The designation as a JDAI replication site initially included a three-year grant award payable in increments of $100,000 for each year of implementation. June 30, 2009, was scheduled to be the last day of the grant. However, the Annie E. Casey Foundation awarded a fourth year of funding to Dallas County Juvenile Department in July, 2010, and will award a fifth year maintenance amount of $15,000. July 1, 2011, is the beginning of the sixth year of JDAI project. The Annie E. Casey Foundation is awarding the sixth year funding for maintenance of the implemented initiatives. Local sites such as Dallas County will receive a smaller award than state sites for maintenance.

Dallas County Juvenile Board approved the Juvenile Department's request for continued participation in the JDAI project sponsored by the AECF, an approval of a professional services contract with Dr. Michael Lindsey for coordination of the JDAI project, at the June 27, 2011, Juvenile Board meeting. Thus, the purpose of this briefing is to seek approval for continued participation and approval of the $200 per pay period stipends to Joe Sims, Vernetta Kinnard. Additionally we are seeking approval to add Cheryl J. Moore to receive $200 per pay period stipend; however, JDAI denied the request for Ms. Moore. Approval of continued employment and compensation for the full-time staff to assist the Juvenile Department's Statistics and Research Manager, and appointment of Virginia Porter, County Auditor, as "Authorized Financial Personnel" for financial documents associated with the JDAI AECF grant.

Impact on Operations and Maintenance:

Joe Sims and Vernetta Kinnard continue to work closely with Dr. Lindsey on project coordination and implementing the key tenants of the JDAI, while Cheryl Moore maintains travel arrangements, conference meeting minutes and vital JDAI communiques to all staff. The full-time staff will continue to assist in compiling qualitative and quantitative data required for the completion of the JDAI project. The Juvenile Department continues to make progress in validating the Risk Assessment Instrument (RAI), which assist in objective

To assist referred youth in becoming productive, law abiding citizens, while promoting public safety and victim restoration.

214-698-2200 Office 214-698-5508 Fax

1 8 2011 JDAf Annie E. Casey Year 6 Briefing Page 2

decision-making with regard to risk thereby increasing the likelihood that decisions about detaining youth in secure detention will be made based upon risk as opposed to treatment or mental health needs. Additionally, the Department's JDAI committees (Leadership, Ownership and Authority; Collecting and Analyzing Data; Alternatives to Detention; Objective Admissions Policies and Practices; Case Processing Analysis and Changes; Reductions in Special Detention Populations; Reductions in Racial/Ethnic Disparities and Disproportionate Minority Confinement; Conditions of Confinement; and Gender Specific Groups) which include community stakeholders, juvenile judges, attorneys, and juvenile department staff will continue to work in accordance to the development plan for year six.

With regard to the designation of the County Auditor, it is noted that the Auditor's Office generally signs as financial representative, and assumes responsibility for accuracy of the financial data for Dallas County. This designation will decrease any appearance that the Chairman of the Dallas County Juvenile Board will assume any unnecessary administrative duties.

Strategic Plan Compliance:

This request conforms to the Dallas County Strategic Plan - Vision 3 Dallas County is safe, secure, ond prepared

by synchronizing data collection systems and processes across local government entities and departments with the designation of the County Auditor as the Authorized Financial Personnel. In addition, the current proposal adheres to Vision 3 via convening local criminal justice partners to identify and expand detention and sentencing alternatives with regard to the professional services contract with Dr. Michael lindsey as well as the coordination services offered by Joe Sims, Vernetta Kinnard.

legal Impact:

The professional services contract with Dr. Michael Lindsey has been sent to the District Attorney's Office for review and approval. Ms. DenikaCaruthers has approved this contract to form. Virginia Porter, County Auditor, currently serves as the "Authorized Financial Personnel" for Dallas County.

Financial Impact/Considerations:

As a result of the prior year's $104,129.93 rollover to year six and the sixth year award of $15,000, the total budget amount for the sixth year of the grant is approximately $119,129.93. Funding for the two stipends for $200 per pay period and the funding for one full time staff for the assistance with the statistical analysis was allocated and approved in the FY 2011 JDAI grant budget, and relatedly is requested in the FY 2012. The current professional services contract budget totals $30,000 for Dr. Michael Lindsey. All funds are available from the Annie E. Casey Foundation grant.

Recommendation:

It is recommended that the Commissioners Court of Dallas County approves the Juvenile Department's continued participation in the JDAI project sponsored by the AECF. It is also recommended that the Commissioners Court of Dallas County approves the professional service contract with Dr. Michael lindsey for coordination of the JDAI project the $200 per pay period stipends to Joe Sims, Vernetta Kinnard; the appointment of Virginia Porter, County Auditor, as "Authorized Financial Personnel" for financial documents associated with the JDAI AECF grant, and continued employment of the full-time staff funded by the AECF grant to assist the Juvenile Department's Statis ics and Research Manager in compiling statistical information

for year six of the JDAI prOje~ct

-ff~ .ft£::==== Recommended by:

Dr. Terry S. Smith, Director


214-698-2200 Office 214-698-5508 Fax

Date:

To:

From:

Subject:

DALLAS COUNTY JUVENILE DEPARTMENT

1 9

. . . OALU\S"i'il, i . Henry Wade Juvenile Justice ceO~~ISSI I. :.'" I~U'~"" I . , ,._. \ .. ; '-' ,h I

2600 Lone Star Drive, Box 5 Dallas, Texas 7521 1/ JUL 29 AM 9: 39

MEMORANDUM

August 9, 2011


Terry S, Smith, Ph,D" Director

Renewal of Inter-local Agreement with Victoria County for FY2012


Dr, Terry S, Smith Director Juvenile Services

Chief Juvenile Probation Officer

The Dallas County Juvenile Department entered into an inter-local agreement with Victoria County for use of the Victoria Regional Juvenil€ Justice Center, Female Post-Adjudication Program as a residential placement option in FY2008. The Juvenile Department utilizes the Victoria County facility for difficult to place youth who have been unsuccessful in several previous placements; youth who exhibit aggressive behaviors; and youth who have an extensive run away history, Currently, six (6) Dallas County youth are in treatment at the facility. The Dallas County Juvenile Board, on July 25 th

, 2011, meeting, approved the Juvenile Department's recommendation to renew the inter-local agreement with Victoria County, The purpose of this briefing is to request the Commissioners Court's approval to renew the inter-local agreement with Victoria County for FY2012.

Evaluation Process:

The evaluation process for contract renewal involves an analysis of the contractor's performance outcomes in comparison to a three year historical average for the department's contract secure facility programs. The performance criterion includes the rate of successful discharge, the average length of stay for successfully discharged youth (for the period July 1, 2010 - June 30, 2011), as well as the contractor's rate of recidivism which was determined thru an analysis of all cases which successfully discharged from the contractor's facility during the twelve month period of January 1, 2010 - December 31, 2010, The utilization of this timeframe allowed for the analysis of recidivism on successfully discharged youth at six (6) months post-discharge.

An analysis of the contractor's performance data for the review periods revealed that the contractor's successful discharge rate of 88% exceeded the Juvenile Department's standard rate of 63% for successful discharges. However, the contractor's performance in the areas of recidivism rate for successful discharges (50%) and average length of stay for successful discharges (201 days) failed to meet the Juvenile Department's standards of 31% and 180 days respectively, for those criteria, A corrective action plan will be developed and implemented for FY2012 to ensure more favorable outcomes,

The evaluation process for contract renewal also includes a review of the Field Service Performance Rating Profile report which reflects the outcome of the Texas Juvenile Probation Commission's (TJPC) standards compliance monitoring visit. The facility received an overall score of 97.61% for the FY2011 monitoring viSit which took place on February 17, 2011. It is important to note that the facility scored 100% on Levelland


214-698-2200 Office 214-698-5508 Fax

20 Renewal of Inter-local Agreement with Victoria County for FY2012 , Page 2

\, "

Level 2 which are considered most important areas of concern as they relate to health, safety and security

matters.

The Juvenile Department's FY2011 annual site review of the Victoria County facility was conducted on June 29, 2011, by the department's Contract Services Unit. The results of the site review were favorable.


The Contract Services Unit will administer and monitor this contract. Field and Assessment Probation staffwiIJ refer youth to this program for treatment. Subsequent to the recommendation of probation staff, the District Courts will court-order youth to the residential placement program.


This request conforms to the Dallas County Strategic Plan - Vision 3 Dallas County is safe, secure, and prepared by expanding disposition alternatives with regard to residential treatment for youth/families involved in the

juvenile justice system.

legal Impact:

The FY2012 Inter-Local Agreement with Victoria County was reviewed and approved as to form by Assistant District Attorney, Denika Caruthers. The signatures of the Chairman of the Juvenile Board and the Dallas County Judge are required on the agreement.

Financial Impact/Considerations:

Dallas County will reimburse the Victoria County Female Post-Adjudication Program at the per diem rates listed below:

Post Adjudication Specialized Level (Pregnant Females): Post Adjudication Moderate Level (Non-Pregnant Females):

$140.00 $ 98.00

The new rate structure constitutes a $13 or 9% increase for pregnant females and/or females reqUiring specialized level services and a $3 or 3% increase for non-pregnant females and/or females requiring moderate level services. The new rates are consistent with the TJPC established rates for FY2012.

Funding for this program will be utilized from the Juvenile Department's 5110 budget and by grants provided by the Texas Juvenile Probation Commission and Criminal Justice Division.

Performance Measures Impact:

The Department will set FY2012 performance goals and objectives based on FY2011 evaluation criterion (e.g., length of stay, successful program completion, and recidivism rates). The provider will be notified of these targets and informed that their performance and individual evaluation scores will be the initial impetus in recommending contract renewal for FY2013. Contract Services staff will evaluate the provider's ability to achieve the set performance goals and objectives.

Project Schedule/lmplementation:

The term of the contract shall run from September 1, 2011, until August 31, 2012.


214-698-2200 Office 214-698-5508 Fax

21 Renewal of Inter-local Agreement with Victoria County for FY2012 Page 3

Minority/Women-Owned Business Enterprise:

Not applicable to this agreement.

Recommendation:

It is recommended that the Dallas County Commissioners Court approve the Juvenile Department's request to renew the Inter-local agreement with Victoria County for residential treatment services for females through the Victoria Regional Juvenil ustice enter, Fe ale Post-Adjudication Program.

Recommended by:


214-698-2200 Office 214-698-5508 Fax

22 DALLAS COUNTY

JUVENILE DEPARTMENT {t'r8[;hL(\~ Henry Wade Juvenile Justice Center

2600 Lone Star Drive, Boxl:! JUlDaf&,sfi-re)1:s3f-5212

Memorandum

Date: August 9, 2011

To: Dallas County Commissioners Court

From: Terry S. Smith, Ph.D., Director

Re: FY2012 Dental Service Inter·local Agreement

Background:

Dr. Terry S. Smith Director Juvenile Services


Since 1982, the Dallas County Juvenile Department has contracted with private providers for dental services for residents in the Detention Center, Youth Village, Letot Center, Hill Transition Center, and Medlock Treatment Center. Beginning in FY2001, the Department entered into an Inter·local Agreement with the Texas A&M University System Health Science Center (TAMUSHSC) Baylor College of Dentistry for the provision of dental

services.

Dallas County and TAMUSCSC have agreed to enter into an amendment to extend the term of the Original Inter· local Agreement, which is set to expire August 31, 2011. This agreement includes language which allows for the renewal for three additional annual terms upon written mutual agreement of both parties. Dallas County has agreed to exercise the first of three amendments to extend the dental contract with TAMUSCSC for the term of September 1,2011, through August 31, 2012. Dallas County Juvenile Board approved the Juvenile Department's request to enter into a new Inter·local Agreement with Texas A&M University System Health Science Center (TAMUSHSC) Baylor College of Dentistry for the provision of dental services at the July 25,2011, Juvenile Board meeting. Thus, the purpose of this briefing is to provide information to Commissioners Court and the Office of Budget and Evaluation regarding the renewal with TAMUSHSC for the provision of dental services.

Operational Impact:

Texas A & M University System Health Science Center offers unified source of services, supervIsion and coordination by a dental science professional and centralized inventory and record keeping. Staff positions provided by Baylor include: (1) a dentist to perform patient screenings/examinations and treatment; (2) a dental hygienist to provide cleanings and patient education and function as program coordinator (overseeing scheduling, charts, statistics, instruments, etc.); and (3) chair side assistant for the dentist. TAMUSHSC students function as care providers on a rotation basis as scheduling and clinic space permit, and always under the direct supervision of TAMUSHSC dental faculty. Dental services are provided between 8:00 a.m. and 5:00 p.m. four days per week, excluding Saturday and Sunday. The dental clinic is closed on all Dallas County official holidays and/or closings. During Baylor College of Dentistry's extended Christmas holiday, there will be a dentist available to conduct screenings and provide emergency treatment only.


This request conforms to the Dallas County Strategic Plan - Vision 2: Dallas County is a healthy community.

To assist referred youth in becoming productive,

law abiding citizens, while promoting public safety and victim restoration.

214·698·2200 Office 214·698·5508 Fax

23 FY 2012 Dental Service Inter-local Agreement Page 2

legal Impact:

The renewal contract was previously sent to the Assistant District Attorney's Office, Civil Section for approval; and, was approved to form. The County Judge is required to sign the agreement after approval by Commissioners Court.

Performance Measures:

It is estimated that TAMUSHSC will provide between 350-450 individual screenings/treatment appointments per month.

Financial Impact:

Payment for dental services will be at a monthly flat rate of $8,833.33, for an annual reimbursement of $106,000. Funds for these services are provided through the Texas Juvenile Probation Commission's State Aid

Grant.

Recommendation:

No further action is needed.

Recommended by: Dr. Terry S. Smith, Director

To assist referred youth in becoming productive,


214-698-2200 Office 214-698-5508 Fax

Date:

To:

From:

Re:

DALLAS COUNTY

JUVENILE DEPARTMENT

24

Henry Wade Juvenile Justice Center

2600 Lone Star Drive. Box 5 Dallas. Texas

Memorandum

August 9, 2011


Terry S. Smith, Ph.D., Director

.~ C i.J i'. L_L.-'·\ ,-.J

II /lUG -3 75212

Licensure as a Functional Family Therapy Provider


Dr. Terry $. Smith '" 'i Director Juvenile Services


iH1 10: 2:J

The Dallas County Juvenile Department has traditionally provided in-home therapy services via a number of contract vendors funded from the Juvenile Department's Dallas County and Texas Juvenile Probation Commission (TJPC) budgets. The Juvenile Department also receives funds from the TJPC to provide intensive evidenced-based in-home therapeutic services for youth who are referred for habitual misdemeanor offenses. On March 23, 2009, the Juvenile Board approved the Juvenile Department's request to apply for site certification and training to implement a Functional Family Therapy (FFT) program. Since that time, the Juvenile Department has been certified and licensed to provide Functional Family Therapy. Being designated as an approved site ensures the successful replication of the FFT program and the long-term viability of this service delivery system to the juvenile justice referred youth of Dallas County.

The Functional Family Therapy model is organized into three phases, all which last for one year. In the first year of implementation, Dallas County Juvenile Department completed all requirement associated with phase I, and is now designated as an approved FFT site. In the second year of implementation, Dallas County Juvenile Department again completed all requirements necessary to provide services true to the fidelity of the FFT model. The Department must now complete phase III to continue providing FFT services to our youth and their families. Phase III requires renewal of the contract with FFT LLC, and the fulfillment of the remaining training requirements. Dallas County Juvenile Board approved the Juvenile Department's request to renew the control with Functional Family Therapy (FFT) at the July 25, 2011, Juvenile Board meeting. Thus, the purpose of this briefing is to request approval to complete phase III to continue providing FFT services with the renewal of the contract with FFT LLC, and to continue required tl'aining in adherence to the evidence-based FFT model.


The Juvenile Department currently has dedicated four (4) grade EE therapists and one (1) grade 1M psychologist to the FFT program. This staff will continue to provide intensive in-home therapeutic services in accordance with the tenants of the FFT model, as well as continue to participate in the required training. In addition, the FFT team will now provide in· home therapy for youth/families that are referred to the new Mental Health Court as a required part of that program.

~-'''.-. -----_. --:--:--~~--:----:--:----------To assist referred youth in becoming productive,


214~698·2200 Office 214·698·5508 Fax

25 Licensure as a Functional Family Therapy Provider P~ge 2


This request conforms to the Dallas County Strategic Plan- Vision 3: Dallas County is safe, secure, and prepared, as evidenced by the implementation of best practice models and that the allocation of juvenile justice resources if being maximized.

legal Impact:

Functional Family Therapy is the sole source provider of their copyrighted model. Continued use of this model requires entering into a contract with FFT llC. The renewal contract was sent to the Assistant District Attorney's Office, Civil Section for approval; and, was approved to form.

Financiallmpact!Considerations:

Phase III estimated expenses for training activities and services are $7,000, as well as travel which is estimated at $650. This will be funded from the FY2013 budget, Cost Center 5110, expense code 5020- Day Treatment Program.

Performance Measures Impact:

As of June 30, 2011, the FFT program has provided intensive community based services to 178 youth ( 58% males and 42% females) and their parents/guardians. The offense referrals of the enrolled youth were as follows: 26% misdemeanor property, 24% misdemeanor person, 19% felony property, 16% Violations of Probation, 7% Contempt, 6% felony person, and 2% ClNS (Child In Need of Supervision). The FFT program has had 131 total discharges, of which 76% were considered successful and only 24% were unsuccessful. In terms of recidivism after the youth and family completed their therapy, 5% were re-referred within 30 days; 25% were re-referred within 90 days; and 38% were re-referred within 6 months. However, of these re-referrals, only 8 youth were re-referred for new criminal delinquent offenses. The remainder of the re-referrals (31) were for technical probation violations. Thus, it does appeilr that the Functionill Filmily Therapy program has produced positive initial results for its first two years in terms of youth successfully completing the program, and not being re-referred to the Juvenile Department for new criminal offenses. The re-offending behavior that we are seeing appears to be primarily a result of these youth having compliance difficulties with their terms and conditions of probation once discharged from FFT.

Recommendation:

It is recommended that the Dallas County Commissioners Court authorize the Juvenile Department to contract with FFT LLC for phase III consultation and supervisory training to maintain the Juvenile Department's deSignation as a

licensed Functional Family ThJrafY ~FT) Sit rei' ft-:l~~-,

Recommended by: -"-'-~-~=----==-'-C-V--+-''--- ____ _ Dr. Terry S.

-~~~~-------~~~~~~~~~~.~-------------To assist referred youth in becoming productive, law abiding citizens, while promoting public safety and victim restoration.

214-698-2200 Office 214-698-5508 Fax

26

DALLAS COUNTY i)"LL,\:) ;;}'.'.

OFFICE OF INFORMATION TEittHNOEOOY . "-II AiJ~ -3 prj 2: 32

August 9, 2011

To:

Through:

From:

Subject:

Commissioners Court

Rodney Christian, Interim CIO

Wayne Henderson, Network/Server Manager

Server Support - Austin Ribbon & Computer Personal Services Contract for Stuart Armstrong

BACKGROUND The Commissioners Court is aware of the acute staffing needs of the Network and Server teams within the Office of Information Technology. The Court has given approval to bypass the 90-day hiring freeze and hire these positions as quickly as possible. This briefing is to recommend that the Court approve one (1) Personal Services Contract thru Austin Ribbon & Computer for one (1) Senior Server Administrator.

The tasks ofthe Exchange Administrator will be as follows:

• Install and maintain hardware and OS for Dallas County Exchange and Archive Manager server systems, including routine maintenance, antivirus, service packs and patch updates.

• Maintain, monitor and update Exchange, Archive Manager SQL databases.

• Monitor ticketing system and resolve Exchange and Archive Manager tickets.

• Develop comprehensive plan to migrate Exchange 2007 to Exchange 2010.

• Perform Exchange and Archive Manager server audits and create all documentation as required, perform Exchange system backups and email recovery as requested.

• Monitor and test system performance and provide performance statistics and reports as requested

• Work with server and senior server administrators on other cnviromnents as requested.

---:-__ c---~=-----:c-::-----:=--__ ==-------- --:---,---- =-C-:C-' -------509 Main St., 6th Floor, Dallas, Texas 75202 Rodney Chr'lstian, Interim CIO Work (214) 653-6341 Fax (214) 653-6327

27

IMPACT ON OPERATIONS Stuart Armstrong, Austin Ribbon & Computer, will work initially on a contractual basis, and will be eligible to compete for full-time regular employment with Dallas County. He will provide needed support to the County's email and archive management enviromnent - replacing resources that are no longer available due to employee resignation.

FINANCIAL IMPACT The hourly rate of $57.75 will result in a total cost for the contract not to exceed $28,875.00. Funds are available in the Major Technology Unallocated Reserves.

LEGAL IMPACT The County Judge is required to sign the contracts after approval by the Commissioners Court. The contracts have been sent to the District Attorney's Office, Civil Division for review.

MIWBE N/A

ALIGNMENT WITH COUNTY STRATEGIC PLA.J.~ The resources provided by the Personal Services Contracts will improve the customer experience by implementing standards of operation, innovation and technology.

RECOMMENDATION It is recommended that the Dallas County Commissioners Court authorize the County Judge to sign the Austin Ribbon & Computer contract for Stuart Armstrong and to authorize the Office of Information Technology to proceed with the establishment of the Personal Services Contract.

( \

28

DALLAS COUNTY Office of Information Technology

August 9, 2011

To: Commissioners Court

From: Sarah Stoddard, Sr. Project Manager

Through: Rodney Christian, Interim CIO

, 1/ AUG ~3 PH 2: 32

SUBJECT: Windows Server Licenses for On Base Non-Production Environments

BACKGROUND

The OnBase Imaging system is expanding to additional Dallas County departments and additional functionality. Currently we have a production environment and a test environment. To ensure there is no disruption to our production system, we are requesting the purchase of ten Microsoft Windows server licenses to establish the following environments: development, training, and integration. The current test environment is utilized for bug fixes and testing efforts before moving applications to production. A development environment will allow us to develop and test new applications and changes without impacting on-going testing. The training environment will allow us to train new users with a stable system that is not impacted by testing and development. The integration environment may only be temporary as it is related to a one time project and then can be decommissioned.

This demonstrates the path a project should take during the development/deployment cycle:

------" /""" .. ------_.- .. --.

Devdopnlcnt Test Training (new) (existing) (nevI)

, . - ]- ._~~ __ p_r_O_d_uc_t_io_n __ / ' (existing)

r--------] Integration (temporary) ,

(new) " - - - """"""'"'

OPERATIONAL IMPACT The establishment of these environments will provide Dallas County with a secure and stable production environment while enabling the IT OnBase support staff to continue to support and develop county-wide imaging.

STRATEGIC PLAN COMPLIANCE The approval to purchase Windows licenses is consistent with Strategy 1.4 of the County's strategic plan: Improvethe Customer Experience by implementing Standards of Operation, Innovation and Technology.

29

LEGAL IMPACT No legal im pact.

FINANCIAL IMPACT The funding request is for purchasing:

• 10 Microsoft Windows Server Licenses - $6,420.60

These funds are from the Major Technology Fund.

RECOMMENDATION The Office of Information Technology recommends that the Commissioners Court approve the funding of $6,420.60 to establish these working environments for the OnBase project.

~. ian, Interim CIO

August 9, 2011

TO:

THROUGH:

FROM:

SUBJECT:

30

DALLAS COUNTY Office of Information Technology II AUG - 3 PM 2: 3 I

The Honorable Commissioners Court

Rodney Christian, Acting Chief Information Officer

Bill Brown, Senior Project Manager

Extended Funding for Personal Services Agreement for Craig Morrissey in Support of DCSO RMS and DCSO Projects

BACKGROUND Craig Morrissey has demonstrated his value as a contractor to Dallas County by utilizing is background and knowledge of Indico's Records Management System and Dallas County Incident Module to help minimize the DSO impact of losing AIS, RMS, DCIM, Accident Reporting, CAD, and numerous interfaces during the power outage in Records Building Data Center. He was a key individual in moving production web services from a SQL 2005 to SQL 2008 platform. He has worked tirelessly with an AIS case filing focus group to help resolve AIS case filing issues. He continues to work well with many different organizations and project teams in Dallas County.

The Office of Information Technology is requesting the Commissioners Court to approve the last six month extension of his personal services contract that will allow him to continue his work with the County by providing primary support to;

• DCIM Agency Roll-outs and Training; • Assist DSO Liaison with DCIM and RMS Issue Resolution; and • DCIM Roll-out and NIEM Interface Implementation Tasks and Team Member.

Craig will also provide transitional support for his replacement in this position. Transitional planning has been completed and will start upon replacement's acceptance of this support position. Except for requirements definition of new functionality in RMS/DCIM, Craig's support and vendor functions will be transferred to DSO Liaison and Indico. Primary responsibility of replacement will be agency roll-out tasking.

509 Main Strcet- 6th Floor, Dallas, Texas 75202 (214) 653-6341 " Fax (214) 653-6327 "[email protected]

3 1

OPERATIONAL IMPACT Craig will continue as a knowledge expert and work toward an successful roll-out of DCIM NIEM Interface pilot agencies: SWRCC De Soto, Duncanville, Cedar Hill, Irving, Farmers Branch, Garland, and Mesquite. He will provide limited support to DSO Liaison on issue resolution. Craig will continue to be very effective in his support of law enforcement users, projects, and systems.

STRATEGIC PLAN Vision 3: Dallas County is a safe, secure, and prepared. This proposed software license funding will continue law enforcement information sharing initiatives in support of a safe, secure, and prepared Dallas County.

LEGAL CONSIDERA nONS Attached is a Personal Services Contract Amendment for Craig Morrissey's Personal Service Contract. It has been reviewed and approved by Dallas County District Attorney's Office, Dallas County Risk Manager, and Craig Morrissey. It is specified as the last contract extension.

FISCAL IMPACT The contracted position is Contractor (knowledge area expert) at a cost of $80.00 per hour for a contract total not to exceed $83,200. Because of the short contract time frame and limited cost, asking Commissioners Court for a wavier of contract provision to maintain professionailiability insurance for five years beyond the length of the contract.

RECOMMENDATION It is recommended that Dallas County Commissioners Court authorize this final additional six months Personal Services Contract with Craig Morrissey for the aforementioned services in the amount not to exceed $83,200. This contract will begin upon funding expiration in amount of the current contract amendment. This contract will

.-be-. unded through JAG grant in support of Dallas County law enforcement systems.

, Acting Chief Information Officer

Page 2 of2

32

AMENDMENT NO.3 ("Amendment 2") TO PERSONAL SERVICES CONTRACT ("Contract")

BETWEEN DALLAS COUNTY, TEXAS ("County") AND CRAIG MORRISSEY ("Contractor") FOR

Functional Project and Administrative Support Services Relating to DCIM Project RollOut, DCIM NIEM Standard Interfaces, and DCSO RMS Administrative Support

Pursuant to the authority of Chapter 262 Texas Local Government Code and approval of the Dallas County Commissioners Court, County and Contractor hereby amend the Contract, which was effective February 24,2010 and approved by County Commissioners Court Order No. 2010-0327, amended by Amendment I that was effective August 10,2010 and approved by County Commissioners Court Order No. 2010-1315, and amended by Amendment 2 that was effective February 24, 2010 and approved by County Commissioners Court Order No. 2011-323 and to further extend the Term ending date and increase the Not-to-Exceed Amount.

1. Section 2. TERM of the Contract is modified to extend the ending date as follow:

Unless otherwise stated in this Contract, the Term of this Contract will be from February 24, 2010 through January 31,2012.

2. Section 4.E. PAYMENT FOR SERVICES of the Contract is modified to add an additional Eighty-three Thousand Two Hundred and 001100 Dollars ($83,200.00) to the amount amended by Amendment 3 as follows:

Not to Exceed Amount. The maximum amount to be paid under this Contract is Three Hundred Thirty-two Thousand Two Hundred and 000/100 Dollars ($332,200.00).

3. This Amendment 3 shall be effective August 13, 2011.

4. All provisions of the Contract and any written amendment that are not inconsistent with this Amendment 3, shall remain in full force and effect.

5. This Amendment 3 is incorporated by reference for all purposes to the Contract.

6. Each party represents that it has the full right, power and authority to enter and perform this Amendment 1 in accordance with all of the terms and conditions, and that the execution and delivery of the Amendment 3 have been made by authorized representatives of each party to validly and legally bind the respective party to all terms, performances and provisions set forth in this Amendment 3.

COUNTY CONTRACTOR

By: Clay Lewis Jenkins County Judge

DATE: __________________ __

AMENDMENT 3

By: Craig Morrissey

DATE: __

PERSONAL SERVICES CONTRACT BTW. DALLAS COUNTY AND CRAIG MORRISSEY - 2011

By:

. I mentLL ~~ Christian

Acting CIO Management Information Syst.

* Approved as to Form

By: Gordon R. Hikel Chief, Civil Division Assistant District Attorney

33

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

AMENDMENT 3 2 PERSONAL SERVICES CONTRACT BTW. DALLAS COUNTY AND CRAIG MORRISSEY - 2011

34

co eLl! J

DALLAS UNTY c('J~lijt~:S!J,i\i::!I OFFICE OF INFORMATION TECHNOLOGY

II AUG -3 Pt'i ?: 31

August 9, 2011

To: Commissioners Court

Through: Rodney Christian, Asst. Chief - Operations

From: Randy Guin, IT Enterprise Security Officer

Subject: Payment Card Industry Compliance

BACKGROUND Dallas County has accepted credit card payments via the Dallas County website for several years. The County's approach has been to allow an outside third party to process the credit card data - minimizing Dallas County's cost and effort to maintain compliance with PCI DSS (Payment Card Industry Data Security Standards) version 1.2 regulations.

Two key changes are underway that necessitate additional efforts to maintain PCI compliance:

1. Through various project efforts, Dallas County is implementing a combination of new applications and modifications to existing applications which will accept credit card payments as well as credit card swipe devices to facilitate payments being made at Dallas County Offices. These solutions will now allow credit card data to pass through the Dallas County network and possibly increase the number of credit card transactions, both adding additional requirements for PCI compliance.

2 New PCI DSS version 2.0 regulations go into effect on January 1, 2012. Additional requirements in PCI DSS version 2.0 required for compliance are:

a. IT segregation of roles and responsibilities b. Documenting all major network changes c. Conduct annual internal network scans d. Conduct internal network scans after each major network change e. Conduct an annual external vulnerability test f Provide annual IT Security awareness training to all employees

working with credit card data g. Network segmentation for credit card POS (point of sale) h. Physical security for network components

35

Dallas County will need to take significant steps to maintain pcr compliance which is required to accept most major credit cards.

RECOMMENDATION The Office ofInformation Technology recommends a two phased approach to ensure Dallas County is pcr DSS version 2.0 compliant by January 1, 2012:

Phase 1

a. Conduct a PCI gap analysis using a third party firm specializing in PCI compliance - Fishnet Security

b. Develop a comprehensive plan to implement necessary changes c. Purchase Rapid 7 network scanning tools (Nexpose and Metasploit) to support the

gap analysis and self-audits and compliance checks on a regular basis.

Phase 2

a. Implement changes identified in the remediation plan b. Complete a SAQ (Self-Assessment Questionnaire) to validate compliance

IMPACT ON OPERATIONS The Office ofInformation Technology plans to implement all ehanges required to meet PCI DSS version 2.0 requirements.

It is expected that minimal time requests of user department resources will be needed to answer questions as part of the gap analysis, but operational procedures should not be impacted. However, there may be some recommended changes to procedures identified as part of the gap analysis.

STRATEGIC PLAN COMPLIANCE The approval, purchase and implementation of Rapid 7 network scanning tools and conducting a PCI gap analysis study with Fishnet Security is consistent with Dallas County's Strategic plan: Strategy 1.3 - Dallas County provide sound, financially responsible and accountable governance and Strategy 1.4 - Improve the customer experience by implementing Standards of Operation, Innovation and Technology.

LEGAL IMPACT None

FINANCIAL IMP ACT

The total cost for this proposal is $115,525. The Rapid 7 network scanning tools software, licenses, three years maintenance and onsite training are available through the Department oflnformation Resources (DIR) (DIR-SDD-890) for $85,000.00. The PCI Compliance

36

Services from Fishnet Security to conduct a gap analysis are available through the Department ofInformation Resources as well (DIR-DD-651) for $30,525.00. Funding is available from the Major Technology Fund, Unallocated Reserves.

MfWBE None

( \ Reco , \

1 tian, Asst. ChiefIT Operations

August 3, 2011

DALLAS COUNTY PUBLIC WORKS

MEMORANDUM:


THROUGH: Commission Dr. Elba Garcia Road and Bridge District 4

FROM: Alberta L. Blair, P.E. Director of Public Works

37

SUBJECT: MERRIFIELD ROAD, MCIP 40210

1/ ~ur. », H \:l-,J

(From Merrifield Road's south extension east ofMOlmtain Creek Parkway to proposed Grady Niblo Road) Consultant Engineering Services Contract for Phase I, Preliminary Design

BACKGROUND

Merrifield Road (MCIP Project 40210) was selected in year 2008 from the Major Capital Improvement Program's fourth call for projects. The project is located in Road and Bridge District 4 and is located in the City of Dallas. The road will be a new 4-lane divided street with the alignment to be set lmder this Preliminary Design contract.

The portion of Merrifield Road for which this Preliminary Design contract will encompass is the portion to be extended from Merrifield Road's south extension located to the east of MOlllltain Creek Parkway north to the proposed Grady Niblo Road extension (MCIP 40203), approximately one mile in length. Merrifield Road's south extension to which this project will tie into is composed of two segments. The first segment is an existing 4-lane divided street which connects to Mountain Creek Parkway approximately 1,400 feet north ofIH-20. The second segment of the south extension is scheduled to be constructed later this year or next year. This segment will be approximately 2,000 feet long and is a City of Dallas/Developer project.

The conceptual alignment for the portion of Merrifield Road to be designed under this contract was established after a series of stakeholder meetings involving the proposed Grady Niblo Road, MCIP Project 40203. The alignment for this portion of Merrifield Road is presently on one parcel ofIand. Right of Way is to be donated for Merrifield Road by the property owner.

Lina T. Ramey & Associates, Inc. has been selected as the best qualified firm for a contract for Phase r, Preliminary Engineering for the project through a two-step selection process required by State statue. Dallas County elected to negotiate the Primary Engineering contract with Lina T. Ramey & Associates, Inc. as set forth in Attaclunent "A" and "B" of the attached Consultant Engineering Services Contract.

Commissioners Court August 3, 2011 Page 2

FINANCIAL IMPACT

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Lina T. Ramey & Associates, Inc. has proposed to perform the required Preliminary Design services for an amount not to exceed $292,425.60. There is sufficient money in the MCIP Program to fund the contract. Funds are available in Fund 196, Project 820 I for the Merrifield Road MCIP 40210 project.

MWBE INFORMATION

Lina T. Ramey & Associates, Inc. is a certified WBE firm with the North Central Texas Council of Governments. The Director of MWBE Affairs submitted their report with the first round of qualifications in the two step process.

STRATEGIC PLAN COMPLIANCE

This court order complies with Vision 4: Dallas County proactively addresses critical regional issues with the construction ofthis arterial road and Vision 5: Dallas County is the destination of choice for residents and businesses by constructing an arterial road to meet the present and future transportation needs of this portion of southwest Dallas County.

RECOMMENDATION

It is recommended that the County Judge be authorized and directed to execute the attached Preliminary Consultant Engineering Design Contract with Lina T. Ramey & Associates, Inc., in the amount of$292,425.60 to be paid from current MCIP funds located in Fund 196. If Commissioners Court is in agreement, a court order will be placed on the next formal agenda for approval. .

RECOMMENDED BY:

LLS:lls

Cc: Commissioner Dr. Elba Garcia

Attachment (Contract)

411 Elm Street, 4th Floor Dallas, Texas 75202 214-653-7151

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DALLAS COUNTY CONSULTANT ENGINEERING SERVICES CONTRACT

This Contract is made and entered into as of the _ day of , 2011, by and between the COUNTY OF DALLAS (hereinafter referred to as "COUNTY") acting by and through the Commissioners Court of Dallas County, Texas, and Lina T. Ramey & Associates, Inc., (hereinafter referred to as "CONSULTANT") with offices located at 1349 Empire Central, Suite 900, Dallas, Texas 75247.

WITNESSETH:

WHEREAS, COUNTY intends to contract with a professional engineering firm for professional services hereinafter referred to as "SERVICES", needed for the design and construction of the Merrifield Road MCIP Project 40210 from Merrifield Road's south extension east of Mountain Creek Parkway to proposed Grady Niblo Road, hereinafter referred to as the "PROJECT"; and

WHEREAS, pursuant to the Texas Goverrunent Code Chapter 2254, the COUNTY requested qualifications from professional Consultants willing to assist the COUNTY by providing engineering services; and

WHEREAS, the COUNTY has determined that CONSULTANT is the best qualified provider of preliminary engineering services for the PROJECT; and

WHEREAS, COUNTY and CONSULTANT have agreed upon the fair and reasonable negotiated price for the Preliminary Design Services to be accomplished; and

WHEREAS, COUNTY has determined that the services of professional Consultants are for the benefit of the COUNTY; and

WHEREAS, COUNTY desires to contract with CONSULTANT for complete Preliminary Engineering Services, as detailed herein; and

WHEREAS, CONSULTANT has agreed to provide professional engineering services as provided herein and as may be mutually agreed in the future with regard to the PROJECT.

NOW, THEREFORE, THIS CONTRACT is made by and entered into by COUNTY AND CONSULTANT for the mutual consideration stated herein.

ARTICLE I. DEFINITIONS

I.1 BASIC SERVICES shall mean all professional engineering services and other professional services required for Preliminary Engineering Services. Such services shall include, but not be limited to, producing plan and profile sheets, drainage sheets, structure layouts, roadway cross sections with applicable standard details, estimated quantity sheets, and right of way/ownership map as more fully detailed in Attachment A, Scope of Services, attached hereto and incorporated for all purposes herein as if reproduced word for word.

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1.2 SPECIAL SERVICES shall mean those services not included in Basic Services and specifically listed in the Contract, which are surveying services, surveying expenses, title research/abstracting, expert or witness preparation and testimony, preparation of exhibits and appearance at public meetings, traffic control plans, geotechnical soil analysis, fees and other costs such as American Disabilities Act requirements in plans by State of Texas, and blueprinting and other copying required in addition to the Basic Service requirements, as more fully set forth in Attaclunent A, Scope of Services.

1.3 PRELIMINARY DESIGN/PRELIMINARY ENGINEERING shall mean all professional engineering services required to produce Phase I, Preliminary Design/Preliminary Engineering, as more fully detailed in Article N, Deliverables, and Attaclunent A, Scope of Services. These include, but are not limited to mean all professional engineering services required to produce a right of way aligmnent study with recommendation of the most economical aligmnent, preliminary grade line and drainage requirements, preliminary right of way plans and documents, preliminary engineering study and report indicating clearly the potential problems and alternate solutions available. "PRELIMINARY DESIGN" and "PRELIMINARY ENGINEERING" are used interchangeably in this document and both have the same meaning.

1.4 PRIMARY/FINAL DESIGN shall mean all professional engineering services required to produce Phase II, PrimarylFinal Design and complete plans satisfactory for the construction ofthe PROJECT. These include, but are not limited to mean all professional engineering services required to produce all right of way documents and plans, standard details, special specifications, contract documents, cross sections and special provisions.

1.5 COST or FEE shall mean total not to exceed amount paid for Basic Services and Special Services. COUNTY shall not be liable for any amount, penalty or damage in excess of the Cost.

1.6 COUNTY shall mean the County of Dallas, State of Texas.

1.7 COMMISSIONERS COURT shall mean the Commissioners Court of Dallas County, Texas, inclusive of the County Judge and the Commissioners of each of the four Road and Bridge Districts as elected by the people ofthe County of Dallas.

1.8 CONSULTANT shall mean an engineering firm that is registered as a Texas Registered Professional Consultant in good standing or a Texas Licensed Engineer (P.E.) in good standing with the Texas Board of Professional Engineering.

1.9 EFFECTIVE DATE shall mean the date ofthe signature of the last person necessary for this Contract to become effective.

1.10 PROJECT(S) shall mean the road improvement that has been included by the COUNTY in the Transportation Major Capital Improvement Program as approved by the County Commissioners Court, City of Dallas and any applicable STAKEHOLDERS.

1.11 RIGHT OF WAY (ROW) shall mean that real property, (either existing, or required in fee and! or easement) identified by COUNTY, CITY, or other project STAKEHOLDER as necessary for the construction of the PROJECT. Such right-of-way shall include both the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized for the PROJECT.

1.12 SUPPLEMENTAL AGREEMENT shall mean an agreement subsequent to this document which is entered into after formal approval of CONSULTANT and Commissioners Court to establish the contractual rights and responsibilities of the CONSULTANT and COUNTY as it relates to the

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PROJECT.

1.13 DIRECTOR shall mean the Director of Dallas County, Texas Public Works.

ARTICLE II. SCOPE OF SERVICES

H.l CONSULTANT: CONSULTANT, as an Independent Contractor and Professional Consultant in its relationship with the COUNTY, covenants and agrees to perform all professional services required to complete the Preliminary Design of County's Major Capital Improvement Project 40210, Merrifield Road, from Merrifield Road's south extension east of Mountain Creek Parkway to proposed Grady NibloRoad.

H.2 BASIC SERVICES: The work tasks and activities to be performed and deliverables to be provided by the CONSULTANT shall be in accordance with requirements contained in this Contract and as shown on Attachment A, Scope of Services, attached hereto and incorporated, for the fees shown in Attachment B, Fee Calculation, attached hereto and incorporated herein for all purposes, including modifications to the Basic Services as mutually agreed to by COUNTY and CONSULTANT in accordance with the provisions of this Contract.

11.3 SPECIAL SERVICES: The Special Services listed in Attachment A, Scope of Services, shall be provided by CONSULTANT. Said services shall not be rendered prior to written mutual agreement between CONSULTANT and COUNTY as to the service to be rendered and the cost thereof. These Special Services are not included as a part of Basic Services and shall be paid for by the COUNTY in addition to payment for Basic Services as set forth in Attachment B, Fee Calculation.

ARTICLE III. COMPENSATION

II!.1 Total Services Fee: The fee to be paid to the CONSULTANT under this Contract for all Phase 1 Preliminary Design services shall not exceed Two Hundred Ninety Two Thousand, Four Hundred Twenty Five Dollars and sixty cents ($292,425.60), provided however, that modifications to the Scope of Services, or other conditions defined herein may necessitate a change of fee and further provided that any additional fee is approved by the Commissioners Court in accordance with the terms ofthis Contract.

III.2 Phase I Basic Services Fee: The COUNTY shall pay CONSULTANT Phase I Basic Services fees in the total amount not to exceed Two Huudred Ten Thousand, Fifty Two Dollars and no cents ($210,052.00). The COUNTY shall pay CONSULTANT progress payments for actual work performed no more often than monthly, based upon invoices for actual work performed for the period, provided that the work is progressing in accordance with the approved Project Schedule and Scope of Services, at an amount not to exceed 90% of the approved basic services fee. The remaining 10% shall be paid upon final acceptance by COUNTY of Preliminary Basic Services. Progress payment requests shall be accompanied by digital files including digital files of the base map, progress drawings and an "asc" or "text" file of all survey points shot through the dale of payment request in a form which can be checked as to manageability. Should additional backup material be requested by the Director, CONSULTANT shall comply promptly with such request. In this regard,

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should the Director determine it necessary, CONSULTANT shall promptly, but in no event later than thirty (30) days from the date of notice, make all its records and books related to this Contract available to COUNTY for inspection and auditing purposes. An example of the form required for invoicing is provided as Attachment C, Sample lnvoice, incorporated herein for all purposes as if reproduced word for word.

111.3 Phase I Special Services Fee: The COUNTY shall pay CONSULTANT Phase I Special Services fees in the total amount not to exceed Eighty Two Thousand, Three Hundred Seventy Three Dollars and sixty cents ($82,373.60), provided, however, that modifications to the Scope of Services, or other conditions defined herein may necessitate a change of Fee and further provided that any additional fee is approved by the Commissioners Court in accordance with the terms of this Contract. Payment for Special Services fees may be applied for after costs have been incurred, but no more frequently than monthly, based upon detailed invoices. CONSULTANT'S invoices to COUNTY shall provide complete information and documentation to substantiate CONSULTANT'S charges and shall be in a form to be specified by Director. All payments to CONSULTANT shall be made on the basis of the invoices submitted by CONSULT ANT and approved by Director. Progress payment requests shall be accompanied by digital files including digital files of the base map, progress drawings and an "asc" or "text" file of all survey points shot through the date of payment request in a form which can be checked as to manageability. Should additional backnp material be requested by the Director, CONSULT ANT shall comply promptly with such request. In this regard, should the Director determine it necessary, CONSULTANT shall promptly, but in no event later than thirty (30) days from the date of notice, make all its records and books related to this Contract available to COUNTY for inspection and aUditing purposes. An example of the form required for invoicing is provided as Attachment C, Sample Invoice, incorporated herein for all purposes as if reproduced word for word.

111.4 Partial payments will be authorized ou a percentage of actual work completed provided proper invoices with attached documentation, as required by COUNTY'S Director and the County Auditor, are submitted. The form required for invoicing is displayed as Attachment C, Sample Invoice.

IlLS No deduction shall be made from CONSULTANT'S compensation solely on account of penalty, liquidated damages, or other sums withheld from payments to Construction Contractor.

III.6 No addition shall be made to CONSULTANT'S compensation based upon construction contract claims, or delays in construction whether paid by COUNTY or denied.

III.7 COUNTY reserves the right to correct any error that may be discovered in any invoice that may have been paid to CONSULTANT and to adjust the subsequent payments to meet the requirements of the Contract. Following approval of invoices by Director and approval by County Auditor, COUNTY will endeavor to pay CONSULTANT promptly, i.e., within thirty days of COUNTY approval of invoice. Under no circumstances shall CONSULTANT be entitled to receive interest on amounts due.

ARTICLE IV. DELIVERABLES

IV.1 Progress Schedule: Within fifteen days of receipt of the "Notice to Proceed" from the COUNTY, the CONSULTANT shall submit for approval a breakdown of the major tasks of the Phase I Preliminary Design as a percent of the total phase. A design progress fonn and bar chart shall be prepared on Microsoft Project Management Software (latest version) in an approved fonnat and updated and submitted to the COUNTY once per month. The form and bar chart shall show progress including percentage complete of the various tasks and shall be the basis for detennining partial payments to the consultant. The form and bar chart must correspond to the design schedule set forth

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by Contract.

IVo2 Phase I Preliminary Design Preparation of Plans:

IVo2.l CONSULTANT is required to attend and actively participate in the Neighborhood Meeting and Project Walk-thru.

IVo2.2 CONSULTANT is also required to attend additional conferences that may be necessary and scheduled by the COUNTY to complete the preliminary plan preparation and review discussions for the project.

IV.203 CONSULTANT shall meet with the City and other agencies to determine the extent of any previous plans and studies, and to obtain zoning, subdivision information, and land use requirements. CONSULTANT shall submit to COUNTY written documentation of the results of such consultation.

IVo2.4 CONSULTANT shall determine the need for any environmental assessment study, U.S. Army Corps of Engineers permits, railroad permits, historical designation, U.S. Coast Guard or other required permits.

IV.2.S CONSULTANT shall prepare a right of way (ROW) alignment study where necessary to determine the most economical location of the ROW consistent with good engineering practices and submit maps showing the proposed location of street improvements, including existing ROW, curb lines, medians and driveways. Sufficient preliminary engineering investigation and consideration must be given to the effect. on adjacent properties (development), inclusive of all private or public facilities, due to the additional ROW as well as the proposed roadway improvements, including proposed curb grade, fiIl and cut slopes and/or retaining walls. All alignment stationing shall progress from south to north or west to east. The maps shall contain sufficient detail for presentation to County officials and/or to the public and shall, as designated by COUNTY, be on either a 24" x 36" plan sheet with a scale at 1" = 20' or a 11" x 17" plan sheet with a scale at 1" = 40'.

IV.2.6 CONSULTANT shall prepare a preliminary design report and preliminary schematics in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the COUNTY, to include, but not be limited to, the following:

• Typical sections proposed for project conditions.

• Preliminary plan and profile sheets showing the proposed geometric alignment of the roadway including driveways, median openings, left tum lanes, and all existing features. These plans shall include but not be limited to the topography within the proposed right of way, including fences (type and height), trees, stmctures, utilities and other existing improvements, along with existing property comers (i.e., iron pins), etc., plotted on stand size sheets. A standard size sheet shall either be 24" x 36" or 22" x 34". The printable area on the 24" x 36" size sheet shall be less than 22"x 34" in order to print half scale size drawings on II" x 17" size sheets.

• Proposed roadway profile grades and elevations. Profiles are to include left outside top of curb (TIC), right outside TIC, left median TIC and right median TIC.

• Preliminary drainage area map (minimum scale 1" = 200'). The preliminary drainage area map shall be adequate to clearly define basic drainage stmctures and ROW requirements.

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• Locations of existing utilities on paving plan and profile sheets. All existing utilities, including underground utilities, shall be located in the field by suhsurface utility engineering if necessary, and the CONSULTANT shall ascertain from the utility companies any proposed improvements that will impact upon the project. Utility locations will be shown in plan and profile views of all phases of plans. All existing utility easements shall be located and shown on plans.

• Cross sections as required to determine impact to adjacent property and estimated volumes of excavation and embankment (minimum 50-foot intervals).

IV.3 CONSULTANT shall assist the COUNTY in developing a detailed Scope of Services for the Phase II, Primary Engineering.

IV.4 Within ten (10) days of approval of Phase I, Preliminary Design by COUNTY, CONSULTANT shall deliver to Director all originals, three (3) copies and electronic files of preliminary plans. The "Dallas County Performance Evaluation of Design Consultants" and "Evaluation of Dallas County" evaluation process shall be performed at this time and repeated at the end of the Contract.

IV.S It is specifically understood and agreed that the CONSULTANT shall not authorize nor undertake any work, which would require the payment of any fee, cost, expense or reimbursement in addition to the fee stipulated in this Contract, without having first oJ:>tained specific written authority therefore from the COUNTY. The written authorization for additional work shall be in the form of a "Modification to the Scope of Services". Such modification shall clearly define the additional scope of services and the negotiated fee. The modification shall be approved by the CONSULTANT and recommended by the Director. The Director may approve the modification in accordance with Article XXIII, Amendments, Section 5. In the event that the total amount of the modification exceeds the amount the Director is authorized to approve, or if the Director shall determine that Commissioners Court's approval is necessary or convenient, the Director shall submit such modification to the Commissioners Court for its consideration.

IV.6 In addition to the paper/mylar copies specified above, CONSULTANT shall deliver requested work to the COUNTY in digital form which is electronically downloadable and able to be manipulated by County's computers. These files shall include all reference files, and cell libraries, and shall be created in compliance with TxDOT specifications in regard to level structure, line type, and line weight. Any corrupted files shall be replaced by CONSULTANT at no additional cost to COUNTY. The CONSULTANT shall provide all plats and maps to the COUNTY in digital files generated using Microstation brand computer aided drafting software, version "V8", or the release currently used by Dallas County. In addition to these electronic files, hard copies shall be supplied or in such other formats as instructed by the COUNTY herein.

IV.7 All survey work shall be performed by the CONSULTANT using Electronic Distance Meters and Electronic Data Collectors compatible with the COUNTY'S similar equipment unless other methods and equipment are approved in advance by the COUNTY. All persoIDlel, surveying equipment, and transportation of survey personnel shall be furnished by the CONSULTANT at its sole cost, expense and liability. The CONSULTANT shall he responsible for securing property owners' peilllission to enter upon their property for the purpose of performing work required by this Contract. The CONSULTANT shall reference

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all work.to a system of Geographical Positioning System (GPS) points on the ground and/or to the Texas Plane Coordinate System. Photocopies of all written work (e.g., field book sketches, and other hard copy materials) will be transmitted to the COUNTY with each payment request. Also with each payment request, a compact disk shall be submitted containing an ".asc" or "text" file of the survey shots taken to date at the time of the payment request and base map drawing file.

IV.8 CONSULTANT shall also conform to the following survey requirements:

IV.8.1 RIGHT OF WAY All work perfonned under this category shall confonn to the requirements of Dallas County Guidelines and Checklist fOr Preparation of Right of Way (R.o. W) Legal Descriptions. Parcel Plats, and Maps, or any amendments, except as otherwise provided herein or when such is inapplicable, in the sole opinion of the COUNTY. This work shall include, but not be limited to, on the ground observations and abstracting title records in sufficient depth to detennine the present property owners of record, researching title records of municipalities. CONSULTANT shall research the State of Texas, the County of Dallas and the Dallas Central Appraisal District records to detennine present property ownership, including easements, and property line monumentation, if any.

IV. 8.2 TOPOGRAPHIC All work perfonned under this category shall be such that the COUNTY can construct a digital map model of the area under consideration and shall include, but not be limited to, all access points and improvements on private properties and existing right of way and vertical and horizontal locations of all public and private utilities and sufficient research of public and private utility company records to detennine existing rightsof-way and/or easements as well as the physical location of all existing utilities. All items of topography shall be entered into an electronic data collector using the current edition of Dallas County list of survey descriptor codes.

IV.8.3 CONSTRUCTION STAKING. All work perfonned under this category shall be as directed by the COUNTY and shall include, but not be limited to, staking centerline (CL) points, CL offset points, reference points, use of horizontal and vertical control points (bench marks) and other work nonnally required for construction of roads, streets, culverts, stonn sewers and bridges.

IV.8A BOUNDARY. All work perfonned in this category shall be as directed by the COUNTY and shall include, but not be limited to, preparation of plats and legal descriptions oflands to be bought or sold by the COUNTY.

IV.8.S MISCELLANEOUS. The CONSULTANT shall perfonn miscellaneous survey work as indicated in this Contract or subsequent Contract Amendment(s) to include but not be limited to staking and referencing routes and project alignments; locating and marking property corners or right of way lines; flagging proposed right of way tracts during acquisition negotiations; and installing and detennining the adjusted elevation (NGVD 1927) following perfonnance of a bench mark loop.

IV.8.6 The CONSULTANT shall provide all field work to the COUNTY in digital [onn supplemented by such written data as is necessary to readily use the digital data (e.g., sketches of instrument set-up points used in radial data acquisition). In addition, all work delivered in digital fonn shall be accompanied by at least one printout or listing of files, with descriptive titles, or a plot of the data, as applicable. Such printouts or plats shall be constructed so as to demonstrate the usability of the digital files. Any corrupted files shall be replaced by the CONSULTANT at no additional cost to the COUNTY.

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IV.9 PARTIAL submittals are discouraged. CONSULTANT shall be responsible for the quality of the deliverables. CONSULTANT shall have written quality control procedures in place which have been approved by the Director. CONSULTANT shall provide three (3) full size and two (2) half size copies of all plan submittals not to exceed a total of fifteen copies of each plan set per phase not including final phase submittals or partial submittals. CONSULTANT shall provide three (3) copies of the final Preliminary Design Report to COUNTY upon resolution of all comments. An electronic eopy of the complete report, including exhibits, shall also be provided as a final deliverable.

IV.lO In the event that the Consultant's team materially changes, experiences a change in subconsultant, has a change of address or name, CONSULTANT shall provide notice of said changes to COUNTY as soon as practicable. Documentation supplied to COUNTY for Consultant's team shall remain as accurate as at time of proposal.

IV.11 CONSULTANT shall provide, at no expense to COUNTY, reasonable minor revisions to any phase, whether previously approved and accepted, as may be required to satisfy the scope of services established by this Contract. Approval of any phase constitutes County's acceptance of the design presented. After acceptance of each phase of the Project, any revisions, additions, or modifications made at County's request which constitute a change in the Scope of Services shall be subject to additional compensation to CONSULTANT as agreed upon by COUNTY.

ARTICLE V. CONSULTANT'S SERVICES

V.I ENGINEER'S SEAL. The CONSULTANT shall place his or her Texas professional seal of endorsement on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract.

V.2 PARTNERING. The COUNTY shall encourage participation in a partnering process that involves the COUNTY, CONSULTANT and his or her subconsultants, the Project's host City(ies), and other supporting jurisdictions andlor agencies. This partnering relationship shall begin at the Preliminary Design Partnering Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to and do not create a legal partnership, or additional contractual relationships, nor in any way alter the legal relationship which otherwise exists between the COUNTY and the CONSULTANT. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status.

V.3 PERSONNEL QUALIFICATIONS. CONSULTANT warrants to the COUNTY that all services provided by CONSULTANT in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. Further, CONSULTANT agrees that any replacement of personnel on project team shall be with the express written approval of COUNTY.

VA QUALITY CONTROL. The CONSULTANT agrees to maintain written quality control procedures, approved by COUNTY. If a situation arises which is not addressed by the written quality control procedures, CONSULT ANT shall utilize additional quality control procedures as appropriate and consistent with good engineering practices. CONSULTANT'S failure to put forth a good faith effort

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in quality control will be considered in the Consultant Evaluation, which may have an impact on future services.

V.S PERFORMANCE EVALUATION OF DESIGN CONSULTANTS. Detailed in Attachment D, attached hereto and incorporated herein for all purposes, is the regular evaluation of performance of design consultants in providing engineering services. Unsatisfactory evaluations may result in suspension from COUNTY design contracts for a designated period oftime.

V.6 All Consultant's designs and work product under this Contract including, but not limited to, Tracings, Drawings, Estimates, Specifications, Investigations, Studies, and other Documents, completed or partially completed, shall be the property of COUNTY to be used as COUNTY desires, without restriction. Copies may be retained by CONSULTANT. CONSULTANT shall be liable to COUNTY for any loss or damage to such documents while they are in the possession of, or while being worked upon by CONSULTANT or anyone connected with CONSULTANT, including agents, employees, consultants or subcontractors. All documents so lost or damaged shall be promptly replaced or restored by CONSULTANT without cost to COUNTY.

V.7 CONSULTANT FINAL DOCUMENTS After written notice from the COUNTY, CONSULTANT shall prepare reproducible Record Drawings, Record Specifications, CAD and word processing digital files after the construction of Merrifield Road from Merrifield Road's south extension east of Mountain Creek Parkway to proposed Grady Niblo Road.

ARTICLE VI. COUNTY'S RESPONSIBILITIES

VI.l COUNTY shall designate representatives authorized to act in its behalf. All submissions shall be to the COUNTY Assistant Director of Engineering and Construction or the Project Manager responsible for the Project. Such Project Manager shall be responsible for transmission of the submission to the COUNTY Assistant Director of Engineering and Construction or Director. COUNTY shall exan1ine documents submitted by CONSULTANT and render decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. CONSULTANT shall furnish COUNTY full documentation of all services performed at each Phase I milestone. Milestones shall be agreed between the parties and documented as a part of fue project schedule.

Four (4) weeks shall be adequate review time for all parties. Failure to timely review any document shaH not cause a damages for delay claim and Consultant's only remedy shall be an extension of time reasonable for performance. Submittals found to be incomplete shall not be counted against County's allotted time for review.

VI.2 COUNTY shall assist CONSULTANT with utility contacts and available COUNTY data, samples and standards.

VI.3 CONSULTANT shall be entitled to reasonably rely on the accuracy of the information, reports, and materials which COUNTY furnishes.

VIA If COUNTY or CONSULTANT observes or otherwise becomes aware of any fault or defect in the Project or construction of the Project, it shall give prompt written notice thereofto the other.

ARTICLE VII. CONSULTANT'S ACCOUNT RECORDS

Records of CONSULTANT or CONSULTANT expenses pertaining to services on the Project and records of

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account between COUNTY and CONSULTANT shall be kept on a generally recognized accounting basis, shall be maintained in Dallas County for a minimum of four (4) years from the tennination date of this Contract and with full and immediate access allowed to authorized representatives of the COUNTY upon request for any purpose including, but not limited to, evaluating compliance with this and other provisions of this Contract. COUNTY or its authorized representative shall have the right to make copies of any and all documents, electronic files, books, backup documents, or other items either included in the records of account or supporting such records at County's cost.

ARTICLE VIII. INDEPENDENT CONTRACTOR

The CONSULTANT at all times shall be an independent contractor. The CONSULTANT shall be fully responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and shall be specifically responsible for sufficient supervision and inspection to insure compliance in every respect with the contract requirements. There shall be no contractual relationship between any subcontractor or supplier of the CONSULTANT and the COUNTY by virtue of this Contract. No provision of this Contract shall be for the benefit of any party other than the COUNTY and CONSULTANT.

ARTICLE IX. TERMINATION, TIME OF THE ESSENCE

IX.l Termination: IX.!.1 County Termination

IX.!.!.1 If in the sole detennination of COUNTY the CONSULTANT has failed to comply with any of the tenns, conditions, covenants, warranties or provisions of this Contract, COUNTY shall give written notice of such failure to CONSULTANT. CONSULTANT shall fully comply with all items within thirty (30) days of the date of such notice. In the event that CONSULTANT shall, in the sole detennination of COUNTY, fail to cure each and every item within the thirty (30) day period, COUNTY shall have the right to immediately tenninate this Contract.

IX.1.1.2 COUNTY may immediately tenninate this Contract due to insufficient funding.

IX.!'!'3 COUNTY may terminate this Contract without cause upon seven (7) days written notice to the CONSULTANT.

IX.!.2 Consultant Termination Ifin the sole detennination of CONSULTANT the COUNTY has failed to comply with any of the tenns, conditions, covenants, warranties or provisions of this Contract, the CONSULT ANT shall give written notice of such failure to COUNTY. In the event that COUNTY fails to cure each and every item within the thirty (30) day period, CONSULTANT shall have the right to tenninate this agreement upon thirty (30) days written notice to the COUNTY.

IX.2 In the event of termination by the COUNTY, Consultant shall cease all work upon receipt of notice of tennination. CONSULTANT shall invoice COUNTY for all work satisfactorily completed and shall be compensated in accordance with the tenns of this Contract for all work accomplished prior to the receipt of notice of tennination. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections, all electronic infonnation, and files in accordance with Article IV, Deliverables, of this Contract, and other data, design and work related to the Project shall become the

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property of COUNTY in accordance with Article V.6 upon the termination of this Contract, and shall be promptly delivered to COUNTY in a reasonably organized form without restriction on future use. Should COUNTY subsequently contract with a new Consultant for continuation of services on the Project, CONSULTANT shall cooperate in providing information and shall be released or saved hannless from any acts of negligence of others in use of said data.

IX.3 If the termination of this Contract is due to the failure of the CONSULTANT to fulfill its obligations:

• The COUNTY may take over the Project and prosecute the work to completion by contract or otherwise. In such case, the CONSULTANT shall be liable to the COUNTY for any additional cost the COUNTY may incur, and

• The cost to the COUNTY of employing another firm to complete the required work, the time required to do so and other factors which affect the value to the COUNTY of the work performed to the date of default may, at the sole discretion of the COUNTY, be offset against the amount of compensation, if any, to be paid to CONSULTANT.

IX.4 Nothing contained in this Article IX shall require COUNTY to pay for any work which is unsatisfactory as determined by Director or which is not submitted in compliance with the tenns of this Contract. COUNTY shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Contract, nor shall this Article constitute a waiver of any right, in law or in equity, which COUNTY may have if CONSULTANT is in default, including the right to bring legal action for damages. Default shall include, but not be limited to, the failure to complete Consultant's work in accordance with the performance schedule.

IX.S TIME OF THE ESSENCE: CONSULTANT understands and agrees that time is of the essence and that any failure of the CONSULTANT to complete the Services of this Contract within the agreed Project schedule shall constitute material breach of this Contract. The CONSULTANT shall be fully responsible for any delay or for failures to use diligent effort in accordance with the terms of the Contract by CONSULTANT, its consultants or subconsultants, surveyors or other parties employed by CONSULTANT. Where damage is caused to the COUNTY due to the CONSULTANT'S failure to perform in these circumstances, the COUNTY may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of the County's additional legal rights or remedies. Neither the CONSULTANT nor the COUNTY will be responsible for delays associated with review periods by the COUNTY and/or a participating city(ies) in excess of the agreed Project schedule.

IX.6 At the termination of the Contract, CONSULTANT shall furnish to COUNTY within ten (10) days of receipt of the notice oftennination a listing of any sub consultants, all project records pertaining to outstanding obligations, or other records or information required by the Contract or requested in writing by COUNTY in either printed or electronic fonnat or both. CONSULTANT agrees to furnish such information in an electronic form which is compatible with the County's computer system and/or the computer system of any subsequent vendor or contractor of COUNTY selected for continuation of the services. CONSULTANT agrees to cooperate with any subsequent vendor or contractor of COUNTY and to use its best efforts to insure a transition of services without interruption or degradation of service. This provision will survive the termination of this Contract and

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shall be a continuing obligation until the transition of services is complete. All items listed or reqnired in this provision shall be furnished by CONSULTANT to COUNTY without additional cost or expense to COUNTY.

IX.7 Neither COUNTY nor CITY shall be deemed in violation of this Contract if it is prevented from performing any of its obligations hereunder by reason for or through strikes, stoppage of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge, or civil authority, an act of God, or any cause reasonable beyond the party's control and not attributable to its neglect, then in such event the time for the performance of such obligations or duty shall be suspended until such disability to perform is removed which it is not responsible or circumstances beyond its control. However, notiee of such impediment or delay in performance must be given within ten (10) days and all reasonable efforts undertaken to mitigate its effects .

. ARTICLE X. SUSPENSION

X.1 Should the COUNTY desire to suspend the work but not terminate the Contract, the COUNTY will issue a written order to stop work setting out the terms of the suspension. The CONSULTANT will stop all work and cease to incur costs during the term of the suspension.

X.2 The CONSULTANT will resume work when notified to do so by the COUNTY in a written authorization to proceed. Suspension of work does not automatically extend the date of performance for the contract period. If additional time is required to complete the work because of the suspension, a mutually agreed contract amendment will be executed in accordance with Article xxm (Amendments).

X.3 If CONSULTANT is delayed by the COUNTY due to a suspension of work, or otherwise, the Consultant's sole and exclusive remedy for delay shall be the right to a time extension for completion of the Contract and not damages.

ARTICLE XI. DOCUMENTS

XLI All plans and drawings will be prepared and submitted by CONSULTANT to COUNTY for approval on either 11" x 17" or 22" x 34" or 24" x 36" plan sheets, as designated by COUNTY, with all lettering processed in ink: or pencil and clearly legible. The printable area on the 24" x 36" size sheet shall be less than 22"x 34" in order to print half scale size drawings on 11" x 17" size sheets. All drawings are to be produced in accordance with Article IV (Deliverables) of this Contract, and copies of electronic files will be provided to COUNTY after the completion or termination of the project.

XI.2 CONSULTANT shall maintain, for a minimum of four (4) years from the termination date of this Contract all project information and data including but not limited to items listed in this section, with full and immediate access allowed to authorized representatives of the COUNTY, immediately upon request, for any purpose. COUNTY or its authorized representative, shall have the right to make copies of any and all documents, books, backup documents, electronic data or files, or other items designs and work product under this Contract including, but not limited to, Tracings, Drawings, Estimates, Specifications, Investigations, Studies, and other Documents, completed or partially completed or supporting or utilized to produce such items at County's cost.

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ARTICLE XII. GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS: CONTRACT ADMINISTRATION

This Contract shall be administered on behalf of COUNTY by its Director, and CONSULTANT shall fully comply with any and all instructions from said Director. The Director shall act as referee in all disputes under the terms of this Contract between the parties hereto. The Director and the CONSULTANT shall negotiate in good faith toward resolving such disputes. In the event the Director or the CONSULTANT are unable to reach an acceptable resolution of disputes concerning fhe work to be performed under this. Contract, the Director shall present unresolved disputes arising under fhe terms of fhis Contract to the Commissioners Court. The decisions of the Commissioners Court as it pertains to unresolved disputes shall be final and binding. Violation or breach of contract terms by the CONSULTANT may be grounds for termination. Any additional or increased cost arising from fhe termination shall be paid by the CONSULTANT.

ARTICLE XIII. INDEMNIFICATION AND INSURANCE

XIII.1 Approval and acceptance of CONSULTANT's work by the COUNTY shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, subcontractors, agents and consultants for the accuracy and competency of their work; nor shall such approval and acceptance be deemed to be an assumption of such responsibility by the COUNTY for any defect, error or omission in the work prepared by the CONSULTANT, its employees, subcontractors, agents or consultants. In this regard, the CONSULTANT shall hold harmless and indemnify the COUNTY for damages resulting from defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient Professional Liability or Errors and Omissions insurance in an amount of not less than One Million and 00/100 Dollars ($1,000,000.00) single limit with certificates of insurance evidencing such coverage to be provided to the COUNTY. Snch certificates of insurance shall specifically name the Connty as a certificate holder in full compliance with the terms and conditions as hereinafter set out.

XIII.2 CONSULTANT agrees to indemnify and hold harmless COUNTY, County Commissioners, County .Judge, the COUNTY's elected officials, director, employees, and representatives, (hereinafter referred to as "Indemnities") against all claims, suits, losses, damages, liabilities, cost and/or expense (including, bnt not limited to court cost, litigation expense and reasonable attorneys fees), paying same as they accrue, and all recoverable interest thereon, incnrred by or sought to be imposed on Indemnities because of injury (inclnding death) or damage to property (whether real, personal or inchoate), arising out of or cansed by consultant's negligent act, error, or omission of consultant, any agent, officer, director, representative, employee, consultant or subconsultant of consultant, and their respective officers, agents, employees,

."_. directors and representatives while in the exercise of performance of the rights or dnties nnder this AGREEMENT) to: (1) the performance of, attempted performance of, or failure to perform, operation or work under this Contract by CONSULTANT, its subcontractors and/or any other person or entity, other than COUNTY for whom Consultant has legal responsibility; (2) professional services or work other than professional services being performed; (3) the selection, provision, use or failure to use, by any person or entity, of any tools, supplies, materials, equipment or vehicles (whether owned or supplied by CONSULTANT, or any other person or entity excluding COUNTy) in connection with said work or operations; or (4) the

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presence on COUNTY real property, including any improvements located thereon, of Consultant, its subcontractors, employees, suppliers, vendors or any other person acting on behalf of CONSULT ANT. This indemnification shall apply, whether or not any such injury or damage has been brought on any theory of liability, including negligence, intentional wrong doing, strict product liability or breach of non-delegable duty.

The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of COUNTY, its officers or employees, in instances where such negligence canses personal injnry, death, or property damage. IN THE EVENT CONSULTANT AND COUNTY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO COUNTY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.

XIII.3 Without in any way limiting or restricting the indemnification agreement stated above, CONSULTANT agrees that it is the intention of the parties hereto that Consultant and its insurers bear the entire risk ofloss or injury to any of CONSULT ANT's employees, "borrowed servants", agents, representatives, subcontractors, vendors, material men, or any other person present on the premises or performing any other act or service on CONSULTANT's behalf or at its request, without seeking any contribution from any indemnitee or its insurers.

XIII.4 INSURANCE. The CONSULTANT, at CONSULTANT's sole cost, shall additionally purchase and maintain in force the following minimum insurance coverage during the tenn of this Contract. Such insurance shall be in the amounts and in full compliance with the following tenns and conditions:

XlII,4.1 Within ten (10) days after the Effective Date of this Contact, COUNTY requires and CONSULTANT agrees that the following insurance coverage will be met and in effect for the life of the awarded contract and any renewal or extension, prior to any delivery of any service and/or perfonnance of work. All policies shall be issued by an insurance company acceptable to County and authorized to do business in the State of Texas, having a rating of A- and a financial rating of 12 or better by A.M.Best Co. CONSULTANT will submit verification of coverage to the Dallas County Public Works Department, showing Dallas County as the certificate holder, within ten (10) days after the Effective Date of this Contact and prior to and as a condition precedent to the commencement of any work or delivery. Dallas County will neither be responsible for nor authorize payments for services rendered without having the applicable certificates on file. All insurance cost including any deductibles, shall be paid in full by CONSULTANT without cost to or contributions from Dallas County. The following minimum insurance coverage is required:

XIII.4.1.1 Workers' Compensation Insurance in the amount and in compliance with the provisions as provided for by Texas Law, as established by the Texas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Code for all of his employees assigned to operate or work under this Contract. In the event the CONSULTANT elects to sublet any work, CONSULTANT shall require subcontractors to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are afforded protection by the CONSULTANT.

This insurance must be endorsed with a Waiver of Subrogation Endorsement, waiving the carrier's right of recovery under subrogation or otherwise from the COUNTY.

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XIII.4.1.2 Comprehensive General Liability Insurance, including Contractual Liability _ Commercial General Liability Insurance coverage shall carry limits of One Million and 00/100 Dollars ($1,000,000.00) for bodily injury and property damage per occurrence with a general aggregate of One Million and 00/100 Dollars ($1,000,000.00), and a products and completed operations aggregate of One Million and 00/100 Dollars ($1,000,000.00). There shall not be any policy exclusion or limitations for contractual liability covering the Consultant's obligations herein; personal injury/advertising liability; medical payments; fire damage, legal liability; broad form property damage, and liability for independent contractors.

XIII.4.1.3 Comprehensive Automobile Liability - Comprehensive Auto Liability insurance covering all owned, hired and non-owned vehicles used in connection with the work performed under the Contract with limits of liability not less than One Million Dollars ($1,000,000) per claim and for a combined single limit for bodily injury and property damage liability of not less than Two Million and 00/100 Dollars ($2,000,000.00)

XIII.4.1.4 Professional Liability - Insurance Requirements - Consultant shall indemnify County for damages resulting from negligent defects, errors or omissions and shall secure, pay for and maintain in force during the term of the Contract and thereafter for an additional five (5) years from date the project is accepted as complete by the Commissioners Court, sufficient errors and omissions insurance in an amount of not less than One Million and 00/100 Dollars ($1,000,000.00) single limit, with certificates evidencing such coverage.

XIII.4.2 CONSULTANT agrees that, with respect to the General Liability and Auto insurance, insurance contracts will contain following required provisions:

XIII.4.2.1 Name Dallas County and its officers, employees and elected representatives as additional insured(s) (as the interest of each insured may appear) as to all applicable coverage.

XIII.4.2.2 Provide for thirty (30) davs notice to the COUNTY for cancellation, non-renewal or reduction by endorsement which notice must be accompanied by a replacement Certificate of Insurance to maintain uninterrupted coverage.

XIII.4.2.3 Provide for an endorsement that the "other insurance" Clause shall not apply to Dallas County where COUNTY is an additional insured on the policy.

XIII.4.2.4 Provide for notice to the COUNTY at the address shown below by registered mail.

XIII.4.2.S CONSULTANT agrees to waive subrogation against Dallas County, its officers and employees for injuries, including death, property damage or any other loss.

XIII.4.2.6 All Insurance Coverage shall be on an occurrence basis except Professional Liability unless specifically approved in writing and executed by the County's Director and Risk Manager.

XIU.4.3 In addition to any other remedies COUNTY may have upon CONSULTANT's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, COUNTY shall have the right to order CONSULTANT to stop work hereunder, and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. A stop work

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order given to CONSULTANT by COUNTY in accordance with this Article shall not constitute a Suspension of Work

XIII.4.4 It is agreed that CONSULTANT's insurance shall be deemed primary with respect to any insurance or self insurance carried by COUNTY for liability arising out of operations under this Contract.

XIII.4.5 CONSULTANT shall advise COUNTY in writing within 24 hours of any claim or demand against COUNTY or CONSULTANT known to CONSULTANT related to or arising out of CONSULTANT's activities under this AGREEMENT.

XIII.4.6 The provisions ofthis section are solely for the benefit ofthe parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XIII.4.7 Approval, disapproval or failure to act by the COUNTY regarding any insurance supplied by CONSULTANT shall not relieve CONSULTANT of full responsibility or liability for damages and accidents as set forth herein. Neither shall bankruptcy, insolvency or denial of liability by any insurance company exonerate the CONSULTANT from liability.

XIII.4.8 Acceptance of the final plans by COUNTY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by COUNTY for any defect in the designs, working drawings, specifications or other documents and work prepared by said CONSULTANT, its employees, subcontractors, and agents.

XIII.4.9 Standard of Care: Services provided by CONSULTANT under this Contract will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.

XIII 4.10 Nothing herein contained shall be construed as limiting in anyway the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT's or its subcontractors' performance ofthe work covered under this Contract.

ARTICLE XIV. NONDISCRIMINATION.

As a condition of this Contract, CONSULTANT will take all necessary action to insure that, in connection with any work under this Contract, it will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements.

ARTICLE XV. ENFORCEMENT, VENUE, GOVERNING LAWS AND NOTICES

XV.l This Contract shall be enforceable in Dallas County, Texas, and if legal action is necessary by either Party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Dallas County, Texas. Notwithstanding any provisions contained in this agreement and any supplemental amendment to the contrary, this Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas and is expressly subject to Dallas County's Sovereign Immunity and Title 5 of the Texas Practice and Civil Remedies

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XV.2 All notices and correspondence to COUNTY by CONSULTANT shall be mailed or delivered as follows:

County of Dallas Alberta L Blair, P .E. Director of Public Works Administration Building 411 Elm Street, 4th floor Dallas, Texas 75202

XV.3 All notices and correspondence from COUNTY to CONSULTANT shall be mailed or delivered as follows:

Lina T. Ramey & Associates Lina T. Ramey, P.E. Principal 1349 Empire Central, Suite 900 Dallas, Texas 75247

ARTICLE XVI. TERM

This Contract becomes effective when fully executed by both parties (hereinafter, the called the "EFFECTIVE DATE"), unless termination occurs as otherwise provided herein and expires on the completion of all obligations by the parties set forth herein. The CONSULTANT will not begin work or incur costs until authorized in writing by the COUNTY to proceed with the work, as morc fully set forth herein.

ARTICLE XVII. FINANCIAL INTEREST PROHIBITED: CONFIDENTIALITY

XVII.1 CONSULTANT covenants and represents that CONSULTANT, its officers, employees, agents, consultants, and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction ofthe Project.

XVII.2 CONSULTANT understands that no officer or employee of COUNTY shall have any financial interest, direct or indirect, in any contract with COUNTY, or be financially interested, directly or indirectly, in the sale to COUNTY of any land, materials, supplies, or services, except on behalf of COUNTY as an officer or employee. Any violation of this prohibition, with the express knowledge of the person or corporation contracting with COUNTY shall render the contract involved voidable by the Commissioners Court ..

XVII.3 Consultant's reports, evaluations, designs, drawings, data and all other documentation and work developed by CONSULTANT hereunder shall not be disclosed to any third parties without the prior written approval of Director.

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ARTICLE XVIII. REPORT

XVIII.1 The CONSULTANT shall promptly advise the COUNTY in writing of events which may have significant impact upon the Contract, including but not limited to:

XVIII. I. 1 Problems, delays or adverse conditions which will materially affect the ability to meet time schedules or goals or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of any action taken, or contemplated, and any COUNTY assistance needed to resolve the situation.

XVIII.1.2 Favorable developments or events which enable the CONSULTANT to meet time schedules and goals sooner than anticipated or to produce more work units than originally projected.

XVIII.2 The CONSULTANT shall coordinate all work with the Director of the Department of Public Works or with such other person as may be designated by him in writing.

XVIII.3 The CONSULTANT shall report progress on work undertaken to the designated Dallas County point-of-contact at not greater than monthly intervals.

ARTICLE XIX. CONSULTANT RESOURCES

The CONSULT ANT warrants that the CONSULTANT and each subconsultant, specifically including, but not limited to surveyors, has adequate qualified personnel in its employment and all required transportation, equipment, materials, supplies and any and all other goods and services for performance of services required under this Contract, or will be able to obtain such personnel, transportation, equipment, materials, supplies and any and all other goods and services from sources other than the COUNTY. Unless otherwise specified, the CONSULTANT for the compensation received shall furnish all personnel, transportation, equipment, materials, supplies and any and all other goods and services required to perfonn the work authorized herein at its sole cost and expense. All employees of the CONSULT ANT or of any subcontractor shall have all required licenses, knowledge and experience as will enable them to perfonn the dnties assigned to them. CONSULTANT contracts and agrees that any employee of the CONSULTANT or any snbcontractor who, in the opinion of the COUNTY, is incompetent or whose conduct becomes detrimental to the work or whose conduct reflects adversely on the COUNTY shall immediately be removed from association with the project.

ARTICLE XX. SUBCONTRACTS

XX.! The CONSULTANT shall not subcontract, sell, assign, pledge, or otherwise transfer any portion of the work authorized by the COUNTY without prior approval in writing by the COUNTY. Any attempt to sign, transfer, pledge, conveyor otherwise dispose of any part of or "all of CONSULT A,l\1T' S rights, title, interests or duties under this agreement without the written approval of COUNTY is void and shall confer no rights upon any third party. Violation of this provision shall constitute a material breach of this agreement and may be grounds for tennination at the sole discretion of COUNTY. Under no circumstances shall the CONSULTANT subcontract more than fifty percent (50%) of this Contract.

XX.2 Subcontractors shall comply with the provisions of this Contract. No subcontract will relieve the CONSULTANT of its responsibility under this Contract.

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ARTICLE XXI. SUCCESSORS AND ASSIGNS

The COUNTY and the CONSULTANT each binds itself, its successors, executors, administrators, assigns and subcontractors in respect to all covenants of this Contract.

ARTICLE XXII. INCORPORATED DOCUMENTS AND ORDER OF PRECEDENCE

XXII.1 The following documents are incorporated herein as if reproduced herein word for word:

XXII.I.1 CONSULTANT'S submission ofthe Minority/Women Specifications for SOQ's.

XXII.1.2 DaIlas County Unified Policy for Selection of Architeet/Engineers as set forth m Commissioners Court Order No. 92-393.

XXIl.I.3 North Central Texas Council of Governments Specifications, latest edition.

XXII.1.4 The Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 2004 edition or latest version at Effective Date.

XXII.1.S The Texas Manual on Unifonn Traffic Control Devices, latest version at Effective Date.

XXII.1.6 The Dallas County Manual for Preparation of Plans, Specifications and Cost Estimates for Road, Street and Bridge Projects, dated October 2005 or, latest version at Effective Date.

XXII.1.7 The Dallas County Guidelines and Checklist for Preparation ofR.O.W. Legal Descriptions, Parcel Plats, and Maps, or any amendments.

XXII.1.8 Standards, Specifications, Codes, Ordinances, Regulations of City or Cities in which the project is located.

XXII.2 In the event of any inconsistency between the provisions of this agreement, the inconsistency shall be resolved by giving precedence in the following order: (1) this Contract; (2) the RFQ and (3) County Unified Policy for Selection of Architect/Engineers and (4) Consultants response to RFQ, inclusive of all data and documentation as furnished.

ARTICLE XXIII. AMENDMENTS

XXIII.1 Modification - Either the CONSULTANT or the COUNTY may initiate a written request for a Contract Modification when, in the opinion of the requesting party, the needs and conditions of the project warrant a modification. Upon receipt of a request by either party, the CONSULTANT and the COUNTY shall review the conditions associated with the request and detennine the necessity of a modification. When both parties agree that a modification is warranted the CONSULTANT and the COUNTY shall negotiate the specific modification(s) and any changes in the Cost, total not-toexceed amount for the contract, unit prices for any item not previously agreed upon or completion dates resulting from the modification.

XXIII.2 Fee/Time Increases - Any other provision of this Contract notwithstanding, it is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any services pursuant to this Contract, or any modi fication to the Contract or amendment hereto requiring the

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payment of any amount in excess of Cost stipulated in Article III, Compensatio~, requiring an extension of time of completion without first obtaining specific authorization from the COUNTY in the form of a formal order of the Dallas County Commissioners Court, except as provided in Section 5 of this Article, authorizing a Modification and a written authorization to proceed from the Dallas County Department of Public Works.

XXIII.3 Phase II Amendment In the event that the COUNTY shall exercise its option for Phase II, Primary Design services and a mutual agreement is reached between the parties, that agreement shall be reduced to writing, incorporated in the terms of this agreement, and shall amend this agreement to the extent of the agreed provisions there in.

XXIII.4 Approval of a modification shall be in the form of a written Modification which clearly defines the changes to the previously approved provision of this Contract. Said written modification shall be approved by the CONSULTANT, authorized by the Dallas County Commissioners Court by a formal order except as provided in Section 5 of this Article and a written notice to proceed will be issued by the Dallas County Department of Public Works.

XXIII.5 The Department of Public Works may issue a written modification withont prior approval of the Commissioners Court to extend the maximum completion date, not to exceed ten (10) days and when the modifications are to be accomplished within the previously authorized total notto-exceed amount of the Contract and within an amount not more than $50,000.00 above the previously approved amount, and when the modifications do not materially or substantively alter the overall scope of the project or the services provided by the CONSULTANT.

ARTICLE XXIV. COMPLIANCE WITH LAWS

The CONSULT ANT shall be familiar with and at all times shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, licensing laws and regulations, non-discrimination laws and regulations, and safety regulations. When required, the CONSULTANT shall furnish the COUNTY satisfactory proof of compliance therewith.

ARTICLE XXV. NON-COLLUSION

The CONSULTANT warrants that it has not employed or retained any company or persons, other than bona fide employees working solely for the CONSULTANT, to solicit or secure this Contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the COUNTY shall have the right to annul this Contract without liability or to deduct, at its discretion, from the Contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

ARTICLE XXVI. SIGNATORY WARRANTY

The undersigned signatory for the CONSULT ANT hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm and that the execution thereof is the act of

\H !1'!V~\;j''11 U<H:!,,'-I; SLHYH TS 1- 'OYI j{,\'CT 5:LQL'-!Y2 ___ BL::'lfL_.i}lcttIjL!!Ul'!Ji.i(~ ______ ~~ __ ~~._" ... ~ ~.~_~_~ ___ ~ ____________________________ ,, ___ ~ .... _____ . ____________ . __ ~, __ ,,20

59

the CONSULTANT and has been delivered and, subsequent to execution by COUNTY, constitutes a legal, valid and binding obligation of the CONSULTANT, its successors and assigns and shall inure to the benefit ofthe executing parties and their respective heirs, personal representatives, successors and assigns.

ARTICLE XXVII. MISCELLANEOUS GENERAL PROVISIONS

XXVII.! Entire Agreement. This Contract, including all exhibits and addendum, constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties as herein provided.

XXVII.2 Severability. If any provision of this Contract shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.

XXVII.3 DefaultiWaiverlMitigation. It is not a waiver of default if the non-defaulting party fails to declare immediately a defanlt or delays in taking any action. Pursuit of any remedies set forth in this Contract does not preclude pursuit of other remedies in this Contract or provided by law. CONSULTANT shall have a duty to mitigate damages.

XXVII.4 Federal or State of Texas Fnnding. In the event that any Project or part thereof is funded by State of Texas or U. S. Government federal funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U.S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, CONSULTANT agrees to timely comply therewith without additional cost or expense to COUNTY.

XXVII.S Headings. The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this Contract and shall not be deemed to affect the interpretation or construction of such provision.

XXVII.6 Number and Gender. Words of any gender used in this Contract shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise.

XXVII.7 Counterparts. This Agreement may be executed in multiple counferparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

XXVII.S Funding. Notwithstanding any provisions contained herein, this Contract is expressly contingent upon the availability of funding for each item and obligation contained herein for the tenu of the agreement and any extension thereto. CONSULTANT shall have no right of action against COUNTY in the event that COUNTY is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that COUNTY is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding or if funds become unavailable, COUNTY, at its sole discretion, may, provide funds from a separate source or terminate this Contract.

XXVn.9 Minority and Women Business Enterprise. The Consultant agrees to comply with the provisions of Exhibit A "Minority/Women Business Specifications for the RFQ as filed with Dallas County Minority/Women Business Enterprise office in response to RFQ Nnmber 2007-116-3009. Said response is fi.J!ly incorporated herein for all purposes as if reproduced word for word. An example of the form is displayed as Attachment E, Dallas County MBE/WBE Payment Report, incorporated

'dCll'iV~{;l:\'j :fH! \\ > ,:;;, Fl~Sl( J.-:~\ ('( )~"T RAe"\' M CJ t_2i!!".lP?!J! _ ith:r,~ij.i!.:id Js.!U!JL ,____ __ __,, ____ ,~ _._. ___ . _________ ~ _____ .,,_, _______ ,,_ . _____ ,,_" _______ ,, _________ ,~ __ " __ ., ________ "' ___ J I

60

herein for all purposes as if reproduced word for word, shall be submitted with every invoice for payment.

IN WITNESS WHEREOF, THE COUNTY OF DALLAS has caused this Contract to be signed by its County Judge, duly authorized to execute the same in its behalfby Court Order No. _______ . approved by the Commissioners Court on , 201_, and Lina T. Ramey & Associates, Inc., signing by and through its duly authorized representative, thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Contract.

DALLAS COUNTY

ATTEST:

Clay Lewis Jenkins Dallas County Judge

Approved as to FOlm:

don Hikel ssistant District Attorney

Chief Civil Division

UNA T. RAMEY & ASSOCIATES, INC.

ATTEST:

Lina T. Ramey, P.E Principal

Corporate Seal

*By law, the Dlstrict Attorneys' Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

"K!P!E:'\Cl\LFli;).\i; ,..:;nWH LS CO,"<TH"U.'T l1J,J p ;:i.!!:.._-jJHU~ _.,ll,~!!:rji/i!LEQ!fJL. ___ ~ __ , __ ._ .. ~ _____ ~ ___ .

61

ATTACHMENT A June 28, 2011

Engineering Surveying

Subsurface Utility Engineering Construction Management

Scope of Services for Proposed Merrifield Road

The scope of services for the proposed Merrifield Road include the completion of Phase 1, Step Two of Dallas County's 5 Phase Project Delivery System for approximately I mile of new roadway. The new roadway will connect the existing portion of S. Merrifield Road to proposed Grady Niblo Road.

The preliminary design phase will include preparation of 3 design schematic alternatives, which will include typical sections and geometric alignment options. The Phase I design will also include preliminary hydrology & hydraulics, preparation of the preliminary engineering report and assistance with preparations for the Charette. Design will include typical sections, preliminary plan and profile sheets, roadway profile grades and elevations, preliminary drainage area map (min. 1 "=200'), locations of existing utilities on paving plan and profile sheet and cross sections at 50' intervals.

The services provided by Onrston Roundabout Engineering include: making adjustments to the Grady Niblo/South Merrifield Road (west) roundabout due to possible changes in the alignment and review and comment on report

The survey requirements for Phase I design will include topography survey for use during the alternative study phase. Survey includes ravines, drainage areas and otherwise obscured areas along with l' contour intervals. On the ground surveying will include an area 1,600 feet wide for the length of the project.

1349 Empire Central, Suite 900, Dallas, Texas 75247. Phone (214) 979-1144. Fax (214) 979-2480

SUMMARY

ATTACHMENT B July 28, 2011

Merrifield Rd Fee Proposal - Fee Summary

Grand Fee Total

Engineering Services Fee (Basic Services) Engineering Design Services Engineering Direct Expenses

Total - Basic Services

Surveying Services Fee (Special Services) Topographic Survey Services Survey Direct Expenses

Total - Special Services

TOTAL FEE

1 of 5

$208,395.00 $1,657.00

$210,052.00

$81,680.00 $693.60

$82,373.60

$292,425.60

LTRA

7/28/2011

(J)

I\)

LTRA

Task No.

1

1.1

1.2

1.3

Merrifield Road Fee Proposal Phase 1 -I:ngineering Services (l TRA)

-Task

: 1, I

" Project Desiqn Criteria & Prepare Scooinq Sheets __ r Typical ) 3 Atlgnmer :> (Plan & Profile lary Design Cross

~ight of Way Determination & Prepare Research Existing Utilities .M~p s>:isting Utilitie

ry Cost

I Provide Put

DI

~ Area

JFiec:'Ras-MocfefOf I

Sizinq

'oiect Scope

JlTillHies

, ifanv

~ Considerations &

;-Prolect ;} Exhibits

liafiRejiOrt :jnal Reoart

n & Public In'v

) Mac

...... 1 .•.. Prj . Mgr •. (Q';'

_1:

- Roll Plots;

1(

1E

.,.-~.,.-.,.-+,,-,...,..--::1 0:::;21 m

2 of 5

81 11 " 11 4\ 3; 4 14

2: 8:

-~

1 : 8

28

'-'-;;'>J

-4

102

~Ir. '1 "y'~~q ··.·.ICler:-I' •. ~~'j~!" l·""p~t. 1;",11

-1

4

161 24 "8

1: 16

2161 140 :;~k\tMiJ;;f ;i;~cj-;;; _;5~_{~-;~ii ~21 16

21

8 16

-Total Labor

481

$3

',71 l5,748.00

;s;OoO:'oo ;9.360.00 ~

24 8

124 16 8j I $4,688.00

4 4

60

40 40\ 0\ $35,518.00 I ·····,,··· •. ;ii?··,···..·.· .'

j i $988.QQ

-3C

30

20 16

16 201 32

$1,396. $988. $988.00

l,170.00 1.934.00

$31,316.00

7/28/2011

m w

Merrifield Road Fee Proposal Phase 1 - Engineering Services (L TRA)

No.

1--~-----t::I. Total Task 1,2 & 3 - Engineering Design

lTRA 30f5

$202,490.00

712812011

())

~

Merrifield Road Fee Proposal Phase 1 • Engineering Services (OURSTON)

No. Description

Total Task 1,2 & 3 ~ Engineering Design

OURSTON 40f5

$5,905.00

7/28/2011

0)

01

Merrifield Rd Fee Proposal Phase 1 • Survey Services (L TRA)

No.

SURVEY 50fS 7/2812011

0) 0)

67

"ATTACHMENT C" Sample Invoice

(INVOICE MUST BE ON LETTERHEAD)

Name of Project

Project Number (MCIP )

Limits of Project (from - to)

Court Order Number Authorizing Contract

Date of Court Order

Amount of Original Contract $

Amount of Amendments (include Court Order Numbers & Authorization Dates) $

Total Contract Amount (including Amendments) $

Basic Engineering

Contract Amount Amount of Previous Payments

Amount of this Invoice

Remaining Contract Amount

Special Services

Contract Amount Amount of Previous Payments

Amount of this Invoice

Remaining Contract Amount

TOTAL PAYMENT REQUEST =

$

$

$

$

$

$

$

$

$

Date ofInvoice

Invoice number Period Invoice Covers

Please note that second page (and additional pages as required) must detail all requests Iror payment, e.g., Personnel x hours Q! contract amount x %.

TIle undersigned certit1es that the amount due represents payment for actual work performed, delivered to COUNTY, and accepted by COUNTY as satisfactory which has not previously been paid.

Signature of Consultant Project Manager or Principal

Title

Date L-__ ~~ ______________________________________________________ _

68

"ATTACHMENT D"

DALLAS COUNTY PERFORMANCE EVALUATION OF DESIGN CONSULTANTS

Project No. Project Name Dallas Co. Proj. Mgr

Project Description

Project Limits

Award Date

Court Order No.

Negotiated Term of Contract Actual Completion of Contract No. of Days Extended by Contract Amendment

CONTRACT AMENDMENTS

Amendment No. Reason

TYPE OF EVALUATION

o INTERIM (% Complete) o TERMINATION

TYPE OF CONTRACT

o DESIGN o ENGINEERING SERVICES

CONTRACT PHASE

o PRELIMINARY (pHASE I) 0 PRIMARY (PHASE II)

PROJECT COMPLEXITY

o DIFFICULT o ROUTINE

Q():r:IiI':JZ(PL~A.SI':. ~JSI'.I:A.~L._.

OVERALL EVALUATION

o Excellent o Above Average o Average

Page 1 of2

Amount

o FINAL

o OTHER

o Below Average

Evaluation Date

Total to Date

o Poor

69

IS THIS CONSULTANT RECOMMENDED FOR FUTURE CONTRACTS? DYes 0 No Please explain:

NAME, TITLE, AND OFFICE OF EVALUATOR:

TELEPHONE:

, EMAIL:

, SIGNATURE

DISTRIBUTION:

ADDITIONAL REMARKS:

.. NAME, TITLE, AND OFFICE OF REVIEWER:

TELEPHONE:

EMAIL:

DATE:

SIGNATURE

Page 2 of2

"ATTACHMENT E"

DALLAS COUNTY MBEIWBE PAYMENT REPORT

Project Number Project Title Invoice # Work Order Date

PrimelGeneral Contractor: ___________________________________ _

List each MBE/WBE business that you plan to use on this initiative. Deletion of firms must be approved by Dallas County prior to finalization.

Name of MBEIWBE Planned Amount Planned % Amount of invoice Amt Paid to Date

Note: This form must be completed and submitted with each payment request.

Any (significant) deviation from planned should include attached explanation

Job#

% to Date

--..J o

==============================================================================================================================================================

The information listed above is certified to be correct: Reviewed by:

Printed Name of Officer/Director Signature of OfficerlDirector Date Dallas County Project Manager Date

7 1

DALLAS COUNTY PURCHASING DEPARTMENT

August 9, 2011


FROM: Linda S" Boles, Purchasing Ag~ TI-IROUGH: Gloria Torres, Senior Buyer

',:\ i -''.

II AUG _ e " V I"

SUBJECT: Request for Proposal for Laboratory Analysis and Drug Testing Services of Urine and Blood Specimens

Background A request for proposal has been written seeking solicitations from firms or organizations for laboratory analysis and drug testing services of urine and blood specimens. The Community Supervision and Corrections Department (CSCD), Juvenile and Health and Human Services Departments utilize this contract lrj accordance with County policy, the purpose of this briefing is to request authorization to proceed with soliciting requests for this service.

Operational Impact The proposal seeks vendors who can provide drug testing and laboratory analysis of collected urine specimens for adults on probation and juveniles in detention or on probation. The rating criteria and points assigned are as follows:

I Cost of Services II Program Design III Response Time IV Experience V M/WBE Participation

Criteria

Total Points

Points 40 20 10 15 15

100

Evaluation of the proposals will be completed and scored by representatives from the following county departments: Budget, CSCD, Health and Human Services and Juvenile. The MlWBE Officer will solely score the MlWBE compliance and participation forms.

Recommendation It is the recommendation of the Purchasing Department that the Commissioners Court approve the attached Request for Proposal for Laboratory Analysis and Drug Testing Services of Urine and Blood Specimens and authorize the Purchasing Department to advertise solicitations in accordance with local procuremcnt laws.

Attachment

509 Main Street. Suite 623, Dallas, Texas 75202-3340 (214) 653-6498· (214) 653-7449' [email protected]

RFP Number: 2011-XXX-XXXX

Request for Proposals For Laboratory Analysis and Drug Testing Services

of Urine and Blood Specimens

PRE-PROPOSAL CONFERENCE: TBD, 2011 at 10:00 a.m.

Dallas County Purchasing Department 509 Main Street, 6th Floor, Room 623

Dallas, Texas 75202

PROPOSAL DUE DATE: TBD, 2011 at 2:00 p.m.

Dallas County Purchasing Department 509 Main Street, 6th Floor, Room 623

Dallas, Texas 75202

73

Read this entire docnment carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications.

1.0 Introduction

It is the intent of Da1las County to enter into a non-exclusive annual contract for Laboratory Analysis and Drug Testing Services of Urine and Blood Specimens. Dallas County hereby request proposals from qualified agencies, firms, organizations, andlor individuals to provide laboratory analysis and drug testing services of urine and blood specimens for the Dallas County Juvenile Department (DCJD), Dallas County Health and Human Services Department (DCHHS) and Dallas County Community Supervision and

. Corrections Department (CSCD). CSCD is a political entity of the Judicial DistrictofDa1las County. Other departments or programs supported by Dallas County may also utilize this contract for service.

2.0 Contract Period

Selected offeror(s) will be awarded a twelve (12) month conlract effective October 14,20 II (or a negotiated start date). Dallas County, at their option and upon mutual consent of all parties involved, may choose to extend this contract for four (4) additional twelve (12) month periods based on existing terms, conditions and prices set forth in the original RFP. All prices must remain firm dnring the dnration of contract and any extensions. Services provided will be paid for from the appropriate fiscal year funds provided by Dallas County Commissioners Courts and the Texas Department of Criminal Justice-Community Justice Assistance Division (TDCJ-CJAD). Contracts are subject to availability of funds from Dallas County Commissioners Court and TDCJ-CJAD funds. All representations made by any departments are subject to the fiscal year funding andlor appropriations and do not represent an obligation on the part of the Dallas County, State of Texas, the Texas Board of Criminal Justice, or the Texas Department of Criminal Justice - Community Justice Assistance Division.

3.0 Proposal Submission Deadline

Proposals shall be submitted no later than the Proposal Deadline time and date detailed in Section 4.2. Offerors shall respond to the written RFP and any exhibits, attachments, or amendments. An Offeror's failure to submit a proposal as required before the deadline shall cause their proposal to be disqualified and returned to the bidder upon request. Dallas County will not be held responsible for unmarked proposals, improperly marked proposals or proposals delivered to the wrong location. Offeror's mailing proposals should allow sufficient mail delivery period to insure timely receipt of their proposals by the Dallas County Purchasing Department. Proposals may not be delivered orally, by facsimile transmission or e-mail, or other telecommunication means. All proposals must be delivered in sealed packages or containers.

4.0 Administrative Information

4.1 Incorporation of Proposal into the contract:

The contents ofthis proposal and the selected Offeror's response, cost and any negotiated changes are to be incorporated, in entirely, into the Contract.

2

74

4.3 RFP Coordinator: The main point of contact for this RFP shall be

Gloria Torres, Senior Buyer Dallas County Purchasing Department 509 Main Street, 6TH Floor, Room 623 Dallas, Texas 75202 214653-6498/214653-7449 Fax [email protected]

The main point of contact shall hereinafter be referred to as the RFP Coordinator.

4.4 Communications Regarding the RFP

4.4.1 Upon release ofthis RFP, all offeror communications concerning this procurement must be directed to the RFP Coordinator.

4.4.2 All communication should be in writing to the RFP Coordinator. Any oral communications shall be considered unofficial and non-binding. Written comments, including questions and requests for clarification, must reference the RFP number and should be submitted no later than August XX, 20 II at 1:00 p.m.

4.4.3 The County shall respond in writing to written communications. Such response shall constitute an addendum to the RFP. Only written responses to written communication shall be considered official and binding upon the County. The County reserVes the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

4.5 Proposal Submittal

4.5.1 Offerors are to provide one (I) original, clearly labeled, and six (6) electronic CD or USB drive copies of their proposal. All proposals must be bound and furnished in a sealed package and be clearly marked with RFP solicitation number and title.

Proposal must be signed by an individual with authority to bind the firm in a contract with Dallas County.

3

75

4.5.2 All proposals must be submitted to:

Dallas County Purchasing Department Attn: Gloria Torres 509 Main Street, 6'10 Floor, Room 623 Dallas, Texas 75202

By the date and time identified as the Deadline for Submitting a Proposal in the RFP Schedule of Events.

NOTE: All Addendnms and any additional applicable correspondence (qnestions/responses) to this Bid will be made available "exclusively" through the Dallas County website for viewing/retrieval. Vendors are solely responsible for frequently checking the website for updates to the solicitation. Addendums to this solicitation can be located at the following website:

http://www.dallascounty.orglhtmlldepartmeuts/purchasing/currentbids.html

or go to the applicable Bid # and click on the associated addendum or general information hyperlink.

4.6 Proposal Preparation Costs

Dallas County shall not be responsible or liable for any costs associated with the preparation, submittal, presentation, or other costs incurred by participating in this procurement process.

4.7 Proposal Withdrawal

If, at any time prior to the submission deadline of this proposal an Offeror decides to withdraw its proposal, that Offeror shall give written notice and signed by an authorized representative to the Dallas County Purchasing Department at 509 Main Street, 6th Floor, Room 623, Records Building. After withdrawing a previously submitted proposal, the vendor may submit another proposal at any time up to the deadline for submitting proposals.

4.8 Proposal Amendment

The County shall not accept any amendments, revisions, or alterations to proposals after the deadline for submittal unless such is formally requested in writing.

4.9 Proposal Errors

Due care and diligence has been used in the preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the offeror.

The offeror shall not be allowed to take advantage of any errors or omissions in the specifications. Where errors or omissions appear in the specifications the offeror shall promptly notifY Dallas County Purchasing Department in writing of the error or omission it discovers and reguest modifications or clarification of the document. Any significant errors, omissions, or inconsistencies in the specitications are to be reported no later than five (5) days before time for bid proposal submission deadline.

4

76

4.10 Proposal Acceptance Period

Each proposal shall be valid for a period of ninety (90) days after the RFP submission deadline date to allow time for evaluation, selection, and any unforeseen delays. The ninety (90) days may be extended by mutual agreement of the parties.

4.11 Right to Rejection

4.11.1 Dallas County reserves the right, at its sole discretion, to reject any and all proposals or to cancel this RFP in entirely if determined to be in the best interest of Dallas County. Dallas County will not enter into or award a contract to any vendor it is currently in litigation with or has a potential civil dispute with.

4.11.2 Any proposal received which does not meet the requirements of this RFP may be considered to be non-responsive, and the proposal may be rejected. Offerors must comply with all of the terms of this RFP and all applicable Federal, State and Local laws and regulations. Dallas County may reject any proposal that does not comply with all of the terms, conditions, and performance requirements of this RFP.

4.11.3 Dallas County reserves the right, at its sole discretion, to waive any technicality in proposals provided such action is in the best interest of Dallas County. Where Dallas County waives minor technicalities in proposal, such waiver does not modify the RFP requirements or excuse the offeror from full compliance with the RFP. Notwithstanding any minor technicalities, Dallas County may hold any Offeror to strict compliance with the RFP.

4.12 Disclosure of Proposal Contents

All proposals and other materials submitted in the response to this RFP procurement process become the property of the Dallas County. Selection or rejection of a proposal does not affect this right. All proposal information, including detail price and cost information, shall be held in confidence during the evaluation process. Upon the completion ofthe evaluation process and award, the proposals and associated materials shall be open for review by the public in accordance with The Texas Open Records Act. By submitting a proposal, the Offeror acknowledges and accepts that the full contents of the proposal and associated documents shall become open to public inspection.

4.13 On-Site Inspection

After opening of proposals and prior to award, Dallas County reserves the right to make a pre-award site visit of any or all Offeror's facilities to be used in the performance of work under this solicitation. Offeror agrees to allow all reasonable requests for inspection of such facilities with two (2) days advance notice. Failure to allow such an inspection shall be cause for reject ofproposals as non-responsive. Dallas County reserved the right to reject facilities as lmacceptable for performance under this solicitation as a result of such site visit survey.

4.14 Omission

Products and services not specifically mentioned in this RFP, but which are necessary to provide the service described by this RFP, shall be included in the proposal. It is intended that this RFP describe the requirements and response format in sufficient detail to secure comparable proposals.

5

77

4.15 Proposal of Additional Services

If an Offeror indicates an offer of services in addition to those required by and described in this RFP, specifically any client pay programs, these additional services may be added to the original contract at the sole discretion of Dallas County.

4.16 Indemnification

Offeror agrees that it will protect, defend, indemnifY, and save whole and harmless Dallas County and CSCD and all of its officers, agents, and employees from and against all claims, demands, causes or action, damages, judgments, loss and expenses, including attorney's fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any injuries or damages (including but not restricted to death) received or sustained by any person, persons, or property, on account of, arising out of, or in connection with the perfonnance of the work, including property, on account of, arising out of, or in connection with the perfonnance of the work, including without limiting the generality of the foregoing, any negligent act or omission of the Contractor or any agent, servant, employee or sub-contractor of the Contractor in the execution or perfonnance of this agent, servant, employee or sub-contractor of the Contractor in the execution or performance of this Contract. Offeror further agrees to protect, indemnifY and hold Dallas County and CSCD harmless against and from any and all claims and against and from any and all loss, cost, damage, judgments or expense, including attorney's fees arising out the breach of any of the requirements and provisions of this contract of any failure of Contractor, its employees, officers, agents, contractors, invitees, or assigns in any respect to comply with and perform all the requirements and provisions hereof

4.17 Liability and Other Insuranee Coverage

Any vendor that conducts business with Dallas County, whether it is for goods andlor services, must maintain lawful worker's compensation/self insured employee coverage requirements and adequate liability limitations.

The Contractor, at its own expenses, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed to do business in the State of Texas, possessing a current A.M. Best, Inc. Rating of "A" or bettcr.

The policies may provide coverage, which contain deductible or self- insured retention. Such deductible and/or self-insured retention shall not be applicable with respect to the coverage provided to Dallas County under such policies. The Contractor shall be solely responsible for all deductibles andlor self-insured retention.

Within ten (10) days after contract award and prior to the commencement of any work or delivery, the Purchasing Agent requires the successful vendor(s) to submit verification of the following coverage. The insurance coverages, except Workers Compensation and Professional Liability, required by this Contract, shall name Dallas County and its officers, employees and elected officials as additional insured(s) (as the interest of each insured may appear).

All insurance required herein shall be maintained in full force and effect through out the tenn of this contract, including all extensions.

6

78

a, Workers Compensation or self insured employee coverage meeting the acceptable requirements as established by the Texas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Code; and

b, Commercial General Liability: Contractor shall maintain Commercial General Liability Insurance with a limit not less than $1,000,000,00 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage,

c, Automobile Liability: Contractor shaIl maintain CommerciallBusiness Automobile Liability insurance with a combined single limit of bodily injury and property damage not less than $100,000/300,0001100,000 or combined single limit of $400,000,00 each occurrence with respect to the Contractor's any owned, hired, and non-owned vehicles assigned to or used in performance of this contract

d, Professional Liability: Contractor shall maintain Professional Liability Insurance with a limit not less than $1,000,000,00 covering all individuals performing under the contract

Contractor agrees that, with respect to the above referenced insurance, all insurance contracts will contain the following required provisions

a, Name Dallas County and its officers, employees and elected officials as additional insured(s) (as the interest of each insured may appear) as to all applicable coverage,

b, Provide for thirty (30) days notice to the County for cancellation, non-renewal or material change,

c, Provide for endorsement that the "other insurance" clause shall not apply to Dallas County where County is the additional insured on the policy,

d, Provide for notice to the County at the address shown below by registered maiL e, Contractor agrees to waive subrogation against Dallas County, its officers and employees

for injuries, including death, property damage or any other loss, f Contractor shall provide that all provisions ofthis contract concerning liability, duty and

standard of care, shall be underwritten by contractual liability coverage sufficient to include obligation within applicable policies,

Vendors andlor their freight contractors must be prepared to show coverage verification prior to entering upon Dallas County premises,

Failure to comply with lawful requirements or adequate liabilityrequirernents may result in delay of payments, subject to the orders of the Commissioners Court, not to exceed a period of up to two years from the termination of the contract, or cancellation of the contract or both, (Court Order 2003-1792, September 30, 2003)

4.172 All certificates of insurance shall be identified with theRFP number

4,17.3 Offeror's compliance with the above insurance requirements shall not relieve Offeror from any liability,

7

79

4.18 Non-Discrimination

4.18.1 In the performance of any agreement between Dallas County, CSCD and Offeror, warrants that it will not discriminate against any employee or subcontractor on account of race, color, sex, religious creed, age, national origin or handicap. Furthermore, Offerors agrees not to discriminate against any client or Dallas County or CSCD referred clients on account of race, color, religious creed, ancestry, age, national origin, or mental and physical disability. With respect to nondiscrimination and equal opportunity, all notices, advertisements and solicitation placed by Offeror will be in accordance with federal law, rules or regulations.

4.18.2 Offeror shall include the provisions of the foregoing paragraph regarding non-discrimination and equal opportunity in each of its agreements with subcontractors so that such provisions will be binding upon each subcontractor.

4.19 AIDS and HN Standards

Offeror agrees that it shall adopt and implement workplace guidelines concerning persons with AIDS and HN infection and shall also develop and implement guidelines regarding confidentiality of AIDS and HN related medical information for employees of the Contractor and for clients, inmates, patients and residents served by Contractor in accordance with the provisions found in V.T.C.A., Health and Safety Code, Sections 85.113 and 85.115, and other Counseling and Education requirements stated in the proposal.

4.20 Collusion

Offeror may be required to provide an affidavit that he has not conspired with other potential suppliers in any manner to attempt to control competitive pricing. This paragraph does not however, preclude two or more supplier of certain parts of the requirements from presenting a combined or joint proposal for the purpose of providing a complete proposal.

4.21 Compensation to Offeror

4.21.1 Offeror shall deliver a monthly invoice immediately following each month of service. The bill must be received by the 10th working day of the month for processing. Please refer to the Technical Requirements for details on invoicinglbilling requirements.

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4.21.2 The Dallas County, CSCD, and other using agency/department reserves the right to withhold payment to Offeror or to require Offeror to return payments received from Dal1as County and other using agency/department in the event Offeror's performance does not comply with the provisions of the subsequent Agreement or does not comply with applicable Dal1as County, CSCD, mCJ-CJAD standards, regulations or policies. Offeror agrees to return any unearned amounts paid the County, CSCD, and other using agency/department within thirty (30) days fol1owing the final date of the contact period or date of notification delivery to Offeror of a notice to Offeror that amounts paid are to be returned.

4.22 Notice for Non-CompliancelPerformance

Dal1as County shaH furnish the awarded Contractor in writing any notice regarding the Contractor's failure to comply with requirements of this agreement. Contractor shaH then remedy such noncompliance/performance within ten (10) working days foHowing receipt of DaHas County written notice and awarded Contractor shaH provide both the DaHas County Purchasing Department and agency/department with accompanying written documentation of actions taken to remedy such noncompliance/perfOlmance. Continuous non-compliance/performance of the contract terms conditions, and specifications shal1 be a basis for termination ofthe contract by DaHas County and the using agency/department. The County shall not pay for work, equipment, services or supplies that are unsatisfactory.

4.23 Monetary Restitution

In the event the contract is prematurely terminated due to non-performance andlor withdrawal by the contractor, Dallas County reserves the right to seek monetary restitution (to include but not limited to; withholding of monies owed) from the contractor to cover costs for interim services and/or to cover the difference of a higher cost (difference between termination vendor's rate and new company' s rate) beginning the date of vendor's termination through the contract expiration date. In the event civil suit is filed to enforce this provision, DaJ1as County will seek its attorney's fees and cost of suit from the Contractor.

4.24 Gratuities, Kickbacks or Conflict Interest

4.24.1 Gratuities: It shall be unethical for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement, or to any solicitation or proposal therefore.

4.24.2 Kickbacks: It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

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4.24.3 Conflict of Interest: No official or employee shall have any financial interest, direct or indirect, in any contract with the County or be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies or services, except on behalf of the County as an official or employee. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the County shall render the contract involved void able by the Commissioners Court of Dallas County. It is the responsibility of the contractor during all phases of the contract process to notif'y the County in writing of any potential conflict of interest.

4.25 Access to Records and Information

Offeror agrees to fumish to Dallas County, CSCD and/or the Community Justice Assistance Division (CJAD) and/or the Texas Department of Criminal Justice (TDCJ) such information as may be requested which relates to the services Contractor provides. Contractor shall permit Dallas County andior CSCD andior IDCJ andior CJAD to audit/inspect records and reports, review services, andior evaluate the performance of these services at any time. Offeror shall provide reasonable access to all the records, books, reports, and other necessary data and information needed to accomplish reviews of program activities, services, and expenditures.

4.26 Termination

The proposed agreement may be terminated without cause by either party with thirty (30) days written notice to the other party. Such notice of termination will be by registered or certified mail, retum receipt requested, and will be deemed given upon receipt of such noticc by the other party.

4.27 Any Agreement Subjectto Availability of Funds

Any proposed agreement will be subject to the availability of County and State funds as appropriate by the Dallas County Commissioners Court, State Legislature and as made available by the Community Justice Assistance Division ofthe Texas Department of Criminal Justice. If such fUnds become reduced or unavailable, this agreement shall be subject to immediate modification, reduction or tennination.

4.28 Severability

If any provision is found to be invalid, the remaining provisions shall nevertheless remain in effect. Each paragraph and provision of any Agreement between the Dallas County or using agency/department and Offeror shall be severable from the entire Agreement.

4.29 Governing Law and Venue

Any proposed agreement shall be governed by the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Dallas County, Texas. In any legal action arising from this Agreement, the laws of Texas shall apply and exclusive venue shall lie in Dallas County, Texas.

4.30 Federal Debarred Vendors

No products and/or services utilizing Federal funds may be procured from vendors that are listed on the Federal Excluded Parties List. Government requirements fel[ non-procurement suspension and

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debarment are contained in the OBM guidance 2CFR, part 180 that implements Executive Orders 12549 and 12689 Debarment and Suspension. Dallas County reserves the right to reject from award consideration andlor terminate any contract with any vendor found to be suspended, ineligible andlor debarred as outlined herein.

4.31 Twelve-Month Waiting Period for Employment of Certain Former County Employees

In accordance with the County's Transparency Policy, any firm awarded a contract for the Procurement of goods or services shall be prohibited from hiring any individual who has previously worked for the County and in that capacity either evaluated, recommended, approved, monitored, or managed a contract involving that firm no sooner than twelve months after that individual has ceased to work for or be employed by the County. Failure to adhere to such a contractual requirement may result in the termination of the contract with the County.

5.0 Proposal Format and Content

5.1 General Proposal Requirements

5.1.1 The County discourages lengthy and costly proposals. Proposals should be prepared simply and economically and provide a straightforward, concise description of the Offeror's capabilities to satisfy the requirements ofthis RFP. Emphasis should be on completeness and clarity of content.

5.1.2 Offerors must follow all formats and address all portions of the RFP set forth herein providing all information requested. Offerors may retype or duplicate any portion of this RFP for use in responding to the RFP, provided that the proposal clearly addresses all the of Dallas County information requirements.

5.1.3 Proposals must not contain extraneous information. All information presented in a Proposal must be relevant in response to a requirement ofthis RFP and must be clearly labeled. Any information not meeting these criteria shall be deemed extraneous and shall in no way contribute to the evaluation process.

5.1.4 Proposals shall be prepared on standard 8-112" x II" paper. Foldouts containing charts, spread sheets, and oversize exhibits are permissible. All proposal pages must be numbered.

5.1.5 Offerors shall utilize dividers to separate each of the sections of this proposal.

5.1.6 Each proposal must respond to all portions of the RFP.

5.2 Proposal Format

Proposal shall be divided into the following

5.2.1 Transmittal Letter

5.2.2 A proposal transmittal letter shall be submitted with your proposal and contain the following information: All proposals must be signed in ink by a person duly authorized to legally bind the business entity submitting the proposal.

• Name, title, and telephone number of Offeror's contact person for all inquiries.

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• The contact person responsible for fielding all inquiries from the County and CSCD.

• Business form of offeror (e.g. corporation, partnership, etc.), if applicable

If a corporation, include the date and state of incorporation

For profit or non-profit agency, provide Federal Tax identification number for the facility/organization.

Names and addresses ofOfferors principal officers, directors, or partners.

5.2.3 Brief summaries (1 to 3 pages each) ofthe proposal relating to:

• Offeror's statement of understanding of the proposal, program objectives, CSCD objectives; and

• Resources to 'be utilized to implement the proposal; and

• Written response to the Section 7 Technical Requirements

• Detail cost breakdown of proposed services as stated in Section 8

5.2.4 Other information to be provided by offeror with RFP response

• A brief biography and complete resume of the person or persons who will operate/manage the services provided by Offerors.

• Complete reference information for all public and private institutions or agencies to which the offeror provides or has provided similar services over the past eighteen (18) months.

• Response to M/WBE Business Participation Forms

• Accreditation and Licenses (laboratory and facility)

6.0 Evaluation and Selection

The Evaluation Committee will consider many evaluation factors (of which cost is only one factor), and wiIl receive proposals from all responsible applicants. The objective is to enter into a contract with the best applicant at the best price. Each category shall be weighted as follows, and one hundred (100) points are the maximum total number of points that can be awarded to a proposal.

6.1 Proposal Evaluation CategOlies and Weights

Cost of Services Described 0-40 Points

• Cost of Services and Testing • Expert Testimony • Reporting • Supplies (labels, containerslbottles for both female (wide mouth urine receptacle for female) and

male clients, control sheets, tamper-prooftape, chain-of-custody bags, etc.) • Specimen Transport or Courier Services

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Program Design 0-20 Points

• Ability to meet and/or exceed the objectives and goals stated in the RFP • Result of Analysis • Proposed methods and procedures for conducting urine andlor blood screens including drug

detection threshold, and the method and procedures for confirming positive test results • Detail description of specimen collection procedures and guidelines for both urine and blood

specImens • Detail description of the chain of custody procedures and guidelines • Initial and Re-testing of specimens procedures • How training of Dallas County and CSCD personnel will be conducted

Response Time 0-10 Points

• Time frame of notification by fax to Dallas County and CSCD of test results • Proposed number of working days for delivery of original written report after pick-up of

specimens • Proposed number of working days for the delivery of replacement supplies upon their request to

each site location • Proposed number of working days for the installation of fax machines and/or printer at site

location • Proposed number of working days to repair and replacement of Contractor's furnished

equipment at site location

Experience 0-15 Points

• Experience with other public entities and Community Supervision and Corrections Departments • Offeror Qualifications (including staff) • Years of experience • Accreditation (laboratory and facility) • Vendor Performance History • Licenses • References

Minority/Women Business Participation

Certified M/WBE Firm Sub-contracting to a Certified M/WBE Film EEOI Compliance

TOTAL POINTS

6.2 Proposal Evaluation Process

(6 Points) (6 Points) (3 Points)

0-15 Points

100 Points

6.2.1 The evaluation process is designed to award the procurement to the highest rated firm with the best pricing.

6.2.2 The RFP Coordinator shall manage the proposal evaluation process and maintain proposal evaluation records. An Evaluation Committee will independently evaluate each proposal and selection will be made according to the highest score based on the criteria listed above.

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6.2.3 All proposals shall be reviewed by the RFP Coordinator to determine compliance with basic proposal requirements as specified in this RFP.

6.2.4 Dallas County reserves the right, at its sole discretion, to request clarifications or conduct discussions for the purpose of clarification with any or all Offerors. The purpose of any such discussions shall be to ensure full understanding of the proposal. If clarifications are made as result of such discussion, the Offeror shall put such clarifications in writing. All communication (written or oral) with the Evaluation Committee will be coordinated by the RFP Coordinator. Offerors are prohibited from contacting the Evaluation Committee members directly.

6.3 Contract Award Process

6.3.1 The RFP Coordinator shall forward results fyom the proposal evaluation process and award recommendation to the Dallas County Commissioners Court for their approval.

6.3.2 Dallas County and CSCD reserves the right to make an award without further discussion of any proposal submitted. There shall be no best and final offer procedure. Therefore, each proposal should be initially submitted on the most favorable terms the vendor can offer.

6.3.3 Dallas County and CSCD reserve the right, at its sole discretion, to negotiate with the apparent best evaluated offeror.

6.3.4 The apparent best-evaluated offeror shall be prepared to enter into a contract with Dallas County and CSCD.

CSCD only: Notwithstanding, Dallas County CSCD reserves the right to add terms and conditions, deemed to in the best interest of Dallas County CSCD, during the final contract negotiations. Any such terms and conditions shall be within the scope ofthe RFP and shall not affect the basis of proposal evaluations. A sample ofa CSCD contract is attached for your reVIew.

6.3.5 Contract award shall be subject to the contract approval of all appropriate officials in accordance with applicable State laws and regulations.

7.0 Technical Requirements

7.1 Scope

The selected offeror will be required to conduct all collection, analysis and testing of urine and blood specimens to determine the presence or absence of drugs, metabolites and/or alcohol.

7.2 Selected Offeror shall provide the following:

7.2.1 Expert Testimony

• Offeror, at no additional cost must be able to successfully defend its initial screening and/or subsequent confirmation methodologies in legal proceedings and provide at least five (5) toxicologists, available to testifY in legal proceeding as required. To this end, the Offeror, at no additional cost, will provide expert court testimony regarding its performance Lmder this agreement.

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• Offeror must show how enforcement of strict chain of custody procedures for verifYing/checking that UA specimens collected by officers and/or staff are correctly recorded in logbooks and the routing form is completed.

• Offeror shall indicate in their proposal response the lead-time required to prepare for court appearance and describe in detail the response method of access is not in Dallas County.

There are curreutly 17 Felouy Courts, 13 Misdemeauor Courts aud 6 Juvenile Courts which conceivably could need a toxicologist to testify on the same day and/or at the same time.

7.2.2 Analysis and Testing of Urine andiBlood Specimens

• Should test of blood specimens be required, Offeror shall identifY any special procedures or requirements needed in order to accomplish this task. How the samples are collected, the amount of blood required for accurate test, etc.

• Offeror shall deliver monthly invoices to the addresses stated below immediately following each month of service under this agreement. Contractor shall include with its invoices a list which idcntifies each urine andlor blood sample tested, the defendant and/or client name by case number (ML#), from whom the sample was taken, the drug services or tests performed on each urine andlor blood sample, the test or service location, date of service, and the cost of each test or service requested (All invoices must be itemized in accordance with specification requirements). Invoices will also be grouped with sub-totals corresponding to appropriate CSCD sub-account and/or user department account.

Invoices for all CSCD offices must be delivered to CSCD at 133 N. Riverfront Blvd, 9th Floor, Dallas, Texas 75207.

Invoices for Dallas County Juvenile Department must be delivered and submitted to DCJD main offices at 2600 Lone Star, Dallas, Texas 75212.

Invoices for all other Dallas County Departments shall be delivcred and submitted to the Dallas County Auditor, 509 Main #407, Dallas, Texas 75202.

• Offeror, at no additional cost, shall furnish a detail-consolidated report that itemizes services performed each month (an annual report shall be furnished no later than September 30th of each year). The report must include the following data information:

a) Description of the services performed

b) The number of tests conducted for all CSCD, Juvenile, Health and Human and Services offices and sub-offices, or other user departments. This figure must be broken down by year to date in each category (i.e. screens, alcohol tests, confirmation test - drugs and/or alcohol, number of individual who were tested during a billing period (month) and year to date total on the number, the date specimen was collected and the result oftest, name of the officer, the name and case number of the individual, submit site, etc.).

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7.2.3 Storage and Retention

• Offeror, at no additional cost, will preserve and store for a period not less than one (1) . year, each urine sample which test positive for drugs, and/or metabolites. Offeror will retain all chain of custody records, all analytical records and all other documentation for a period of not less than five (5) years following receipt of each urine sample. In specific cases Dallas County may request retention for a longer time periods. Offeror must specifY in its proposal the time period for which positive samples and other records indicated will be preserved and stored.

• Offeror, at no additional cost will preserve and store for a period of not less than six (6) months, non-confirmed positive urine samples.

7.2.4 Supplies

• Offeror, at no additional cost shall provide labels, containerslbottles for both female (wide mouth urine receptacle for female) and male clients, custody control sheets/forms with numbered control labels, tamper-proof tape, locked chain-of-custody bags, etc.

7.2.5 Specimen Transport and/or Courier Services

• Offeror, at no additional cost shall provide transpor1!courier servicc for the pick-up and delivery all specimens from each collection site locations to offeror laboratory for analysis and testing.

7.2.6 Notification by web-site within 24 hours of specimen pick-up of test results.

7.2.7 Original written laboratory report within 48 hours of each specimen pIck-up of find and analysis/test.

7.2.8 Offeror shall furnish with their proposal the written procedures and guidelines (in detail) for specimen collection for both urine and blood specimens.

7.2.9 Offeror shall furnish with their proposal the written procedures and guidelines (in detail) of the chain of custody and how those procedures are verified by your firm to guarantee that they were followed correctly by your firm and Dallas County staff.

7.2.10 Offeror shall furnish with their proposal the written procedures and guidelines (in detail) of how drug screenings are conducted for initial screening and confirmation testing.

7.2.11 Offeror shall describe the process for THC reporting (i.e., levels if positive)

7.2.12 Offeror shall describe the quality control measures as it relates to this RFP in their proposal.

7.2.13 Offeror shall describe in their proposal the procedures utilized to detect dilute and adulterated specimens and the minimum creatinine detection levels that automatically forward a request to the agency/department for re-test.

7.2.14 Offeror shall provide two on-site training sessions for CSCD and any other Dallas County statT (if requested) at no additional cost. The training shall deal with how to interpret the generated documents, current trends in drug usage, and instruction on how to detect certain drug usage.

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7.2.15 Fax and/or printer at each site location

Offeror, at no additional cost, shall furnish and install one fax machine or printer at each testcollecting site to facilitate reporting test results within twenty-four (24) hours of specimen picks up. Offeror will also be responsible for the cost of all supplies (paper, toner, etc.) and maintenance cost associated with the operation of such equipment.

7.2.16 Offeror shall be responsible for payment of all expenses associated with performance under this agreement including, but not limited to: wages, salaries, and employee benefits, furniture, equipment, materials, supplies, upkeep, maintenance, repair, replacement, shipping, transportation, communications, storage, real and other property expense, rents, utilities licensing and inspection fees, taxes, insurance, bonds, etc.

7.3 Hours of Operation for Specimen Collection

The hours of operation for collection and pick up by the selected offeror shall be Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding Dallas County holidays or official closing. Some departments may have extended after hours.

7.4 Collection Site and Locations

Specimens will be picked up on a regular scheduled basis and under emergency conditions at once.

7.4.1 The selected offeror shall pick up urine and/or blood specimens daily from the following location(s) in Dallas County. These locations may include, but are not necessarily limited to, the following:

All special units incorporated at the Decker Offices including SAFPT, CCP, and SXU. NBS unit 700 I Fair Oaks, Ste. 510 Dallas, TX 75231

7.4.2 The selected offeror shall pick up urine andlor blood specimens twice weekly from the following location(s) in Dallas County. These location(s) may include, but are not necessarily limited to, the following:

CSCD North Office 2627 Zelrich Dallas, Texas 75229

CSCD East Office 3650 N. Buckner, Ste. 211 Dallas, Texas 75228

CSCD South Office 4909 S. Cockrell Hill Dallas, Texas 75236

CSCD Decker Office 899 Stemmons Frwy. Dallas, Texas 75207

CSCD Administrative Office 133 N. Riverfi'ont Blvd., 9th Floor Dallas, Texas 75207

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Jupiter Office 1111 S. Jupiter RD. Garland, TX 75042

CSCD West Office 2121 French Settlement Dallas, Texas 75212

CSCD Garland Office 1137 S. Jupiter, Suite 1133 Garland, Texas 75042

CSCD Substance Abuse Office 200 Green Road Wilmer, Texas 75172

CSCD Buckner Office 3650 N Buckner Blvd., Ste 110 Dallas, Texas 75228

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DCJD - District I North Dallas Office 10056 Marsh Lane Dallas, Texas 75229

DCJD - District 3 Garland Office IIII Beltline Rd., Ste. 200 Garland, Texas 75040

DCJD - District 5 Pleasant Grove Office 3650 N. Buckner Blvd, Suite III Dallas, Texas 75228

DCJD - District 7 Southwest Office 414 South RL Thornton Dallas, Texas 75203

DCJD - District 9 Office 133 River Bend Drive #820 Dallas, Texas 75247

DCJD - Youth Village 1508 E. Langdon Rd. Dallas, Texas 75241

Dallas County Juvenile Department 2600 Lone Star Drive Dallas, Texas 75212

Dallas County Health and Human Services Department Employee Health Center SOl Main Street, 1st Floor Dallas, Texas 75202

DCJD-JJAEP 1673 Terre Colony Court Dallas, Texas 75212

DCJD - District 2 North Central Office 3650 N. Buckner Blvd, Suite III Dallas, Texas 75228

DCJD - District 4 East Dallas Office 3939 East Hwy. 80, Ste. 101 Mesquite, Texas 75150

DCJD - District 6 Southeast Office 414 South RL Thornton Dallas, Texas 75203

DCJD - District 8 Office 7220 S. Westmoreland, Suite 225 Dallas, Texas 75232

DCJD - Substance Abuse Unit Office 4711 Harry Hines Blvd. Dallas, Texas 75235

DCJD - Letot Center 1050 Denton Dr. Dallas, Texas 75220

DCJD - Medlock 1508A E. Langdon Road Hutchins TX 75241

Dallas County Health and Human Services Department 2377 North Stemmons Frwy Dallas, Texas 75207

or any other Dallas County department(s) utilizing this contract.

Note: All specimen pick-Ups are based on an as requested basis.

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7.S Initial Testing and Re-testing

The initial test should be done by Enzyme hnmunoassay or the appropriate recognized methodology. Only upon the request of requesting agency/department, Criminal District Judges or other authorize personnel, samples testing positive must be confirmed positive by a second method, preferably Gas Chromatography/Mass Spectrometry. Re-running the test by the same method or Thin Layer Chromatography are not acceptable methods.

7.6 Cut-Off Limits Initial Testing

The initial test cut-offlimits by Enzyme hnmunoassay or the appropriate recognized methodologies are as follows:

Amphetamine Barbi !urate Benzodiazepine Cocaine Opiate PCP THC

1000NGIML 200NGIML 200NGIML 300NG/ML 300NGIML 2SNG/ML SONGIML

7.7 Cut-Off Limits for Re-testing by Gas ChromatographylMass Spectrometry are as follows:

Amphetamine Barbiturate Benzodiazepine MarijuanaiMetabolite Cocaine/Metabolite Opiate Phencyclidine Urine Ethanol

7.8 Cut-Off Limits Initial Testing

SOO NGIML 300NGIML 300 NG/ML IS NG/ML ISO NGIML 300NG/ML 2S NGIML O.Olg%.

The initial test cut-offlimits by Enzymatic or the appropriate recognized methodology is as follows:

Urine Ethanol O.Olg%.

7.9 Accreditation and Licensing

• Offeror shall have at minimum a doctorate degree in Chemistry, or related field from an accredited College or University. Tbis information should be submitted with your response to the RFP.

• Offeror shall have and maintain a current license, certification and/or accreditation as required by the Federal Laws and the laws of the State of Texas for forcnsic toxicology operations. This shall include but not be limited to qualifications, licensing, and certifications as required by regulatory agencies of the United State' Government and of the State of Texas. (i.e., TXDPS, CAP-FUDT, SAMHSA)

• Offeror shall include proof of such accreditation, license, certification with your proposal responses.

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7.10 Estimated Volume

The using agency has experienced a monthly average of XXXX of drug screen panels. CSCD estimates will vary depending on funding.

Re-testing confirmation by Gas ChromatographylMass Spectrometry average 5,880 per year.

7.11 Testing Services and Drug Screening Panels

7.11.1 Type A Panel: Type A Panel include drug screening and identification of each sample for: Amphetamine, Barbiturate and/or Benzodiazepine, Cocaine, Opiate, PCP, and THC

7.11.2 Type B Panel: Type B Panel include ug screening and identification of each sample for Amphetamine, Barbiturate and/or Benzodiazepine, Cocaine, Opiate, PCP, THC and Ethyl Alcohol

7.12 Optional Testing Services (Drug screening for any drugs listed below will be performed upon request of the agency/department only.)

7.12.1 D,L-Methamphetamine 7.12.2 6-Monoacetylmorphine (per SAMHS guidelines) 7.12.3 LSD 7.12.4 Toluene 7.12.5 Methanol 7.12.6 Ethyl Alcohol 7.12.7 Blood Specimen Collection at Dallas County location site

8.0 Detail Cost Breakdown

Offeror must indicate the detail cost breakdown for each drug screen and identification panel and cost for stand-alone test. The cost shall be all inclusive which includes collection, pick-up, delivery, analysis, testing, reporting, supplies, equipment, labor, staff, personnel, supervision, courier services, expert witness in court, storage of samples and any all other requirements stated in the technical requirements. Please use the following format for the RFP responses.

Type A Drug Screening and Identification Panel to include the following drugs: Amphetamine, Barbiturate, Benzodiazepine, Cocaine, Opiate, PCP, and THC with initial testing by Enzyme Immunoassay or the appropriate recognized methodology (Pricing must be all inclusive incorporating the cost for each drug listed in Type A Panel)

$ __ -,/cost per panel

Estimated Monthly Usage: XXXX Type A Drug Screening and Identification Panel

Type B Drug Screening and Identification Panel to include the following drugs: Amphetamine, Barbiturate, Benzodiazepine, Cocaine, Opiate, PCP, THC and Urine Alcohol with initial testing by Enzyme Immunoassay or the appropriate recognized methodology (Pricing must be all inclusive incorporating the cost for each drug listed in Type B Panel)

$ __ -,/cost per panel

Estimated Monthly Usage: XXXX Type B Drug Screening and Identification Panel

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Confinnation of drugs by GC/MS or comparable GCIMS/MS or LC/MS/MS The GC/MS Confinnation for Amphetamines (including methamphetamine) must indicates/report ifthe drug(s) are Over-The-Counter Drugs or Schedule II Drugs on a single confinnation. Cost for this test must clearly indicate if this confinnation cost is different from the more traditional confirmation test.

Estimated Monthly Usage: 5,GC/MS Confinnation

TEST TO BE PERFORMED ON AS NEEDEDIREQUlRED BASIS

D,L - Methamphetamine test and screening with initial testing by Enzyme Immunoassay or the appropriate recognized methodology

6-Monoacetylmorphine test and screening with initial testing by Enzyme Immunoassay or the appropriate recognized methodology

LSD tcst and screening with initial testing by Enzyme Immunoassay or the appropriate recognized methodology

Toluene test and screening with initial testing by Enzyme Immunoassay or the appropriate recognized methodology

Methanol test and screening with initial testing by Enzyme Immunoassay or the appropriate recognized methodology

Blood Alcohol test and screening with initial testing by Enzyme Immunoassay or the appropriate recognized methodology

Blood Specimen Collection at Dallas County location site

Additional Services

$ __ --'/per drug

$ ____ /each

$ ___ --'/each

$ ___ --'/each

$. ____ /each

$ ___ ~/each

$ ___ ,,~each

If the Offeror offers additional services in addition to the ones requested in the RFP, such as client pay programs, please specifY the type of services and the costs associated with those services in your response to the proposal.

FOR STATISTICAL GATHERL"'G PURPOSES ONLY, please indicate; 1) Whether the principle company owner is a (PLEASE CHECK ONE):

[ 1 Dallas County Tax Payer [l Other County Tax Payer

2) Whether your company is certified (i.e.; MBE, WBE, DBE, HUB) through an agency other than NCTRCA? ___ Yes ___ No If yes, please provide which agency and the applicable certification number:

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CURRENT CSCD RATES

5 panel urine- (amphetamine/Methamphetamine, Cocaine, Opiates, THC, PCP Price $3.80 6 drug panel (Alcohol, Amphetaminel Methamphetamine, Cocaine Opiates, THC, PCP $3.95 6 panel urine (ETG, AmphetaminelMethamphetamine, Cocaine, Opiates, THC, PCP) $4.75

ETG Screen Single TEST (Confinuation by request) $4.00

GC/MS/MS confinuation or LCIMS/MS confinuation $12.50 per drug tested

Instant Urine Test Cups 5 panel urine Methamphetamine, Cocaine, Opiates, THC, PCP $2.79

CSCD is also requesting that each proposer in addition to responding to this RFP also add a proposal for an Offender Pay Option Plan.

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EXHIBIT A Vendor Operational Plan

(Required for Coutracts with Each Veudor over $100,000)

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EXHIBITB Monthly Invoice Form

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EXHIBITC Unallowable Costs

Any item unallowable by State or any authorized agency, statute, policy, or procedure including, but not limited to, federal guidelines for operation of for-profit and not-far-profit eutities;

Alcoholic beverages;

Bad debts;

Building and Land purchase, rental purchase, lease purchase, renovation;

Cash payments to intended recipients of Services;

Equipment items exceeding $1,000 (CPU, Monitor and Keyboard are one unit) counted as a direct expense toward the program. Such items may be charged to the program only through an approved depreciation methodology.

Expenses or reimbursements to or on behalf of vendor-related entities for allowable indirect costs; .

Expenses or costs reimbursed to vendor by other funds with respect to amounts paid by the CSCD for vendor services;

Fines and Penalties;

Fireann, FiremID Components, and Ammunition;

Fundraising; Marketing; and Advertising (advertising is allowable for personnel vacancies and procurement of goods and services only);

Legislative expenses for payment to any elected official from funds received from the CSCD;

Lobbying;

Payments to or on behalf of individuals related to principals of any vendor-affiliated organization(s) or to their employees, unless as allowable indirect costs or unless specific approval is received from the CSCD; and

Tobacco Products.

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DALLAS COUNTY COMMISSIONERS COURT ADMINISTRATION

DATE: August 9, 2011

TO: Commissioners Court .--"----. THROUGH: Darryl Martin, Court Administrat r~~ L)

SUBJECT: Dallas County Policies and PracticGes--RegllT'iling the Public Information Act and Open Records Requests

Background

Per the request of Commissioner Maurine Dickey, District 1, Court Administration was tasked with providing a briefing that outlines the County's policies and practices regarding Open Records Requests. Of particular interest to the Commissioner was the extent to which these laws allow the general public access to tangible items/resources utilized by the County to conduct its business. The following includes the policies and practices that govern the manner by which the County addresses inquiries from the public related to requests for information, both intellectual and tangible.

Internal Policies and Practices

The manner by which Open Records Request are handled by the County is outlined on the Dallas County Website (http://www.dallascounty .org/department/comcrt/openrecords.php) (Attachment D), pursuant to Texas Government Code Title 5 Chapter 552 Public Information (Attachment A), Dallas County Code Part II-County Administrative Policies and Procedures Chapter 74 General Government Operations Policy Article III Public Records Sections 74-131 to 74-135(Attachment B) and Chapter 98 Records Management Program Article II Public Records Division 1 Generally Sections 98-41 to 98-43 (Attachment C) .

Upon receipt of open records requests relevant to County Departments, the Court Administration Office logs each request and creates a formal letter to the Dallas County District Attorney's Office Civil Division, forwarding the original request to that office for research and response. An initial response is required within ten (10) days of receipt by this office to the requestor.

Requests for information regulated by the Public Information Act related to Elected Officials are to be submitted directly to the office of the Elected Official. These requests will then be addressed by the elected official or, at the discretion of the officer, be forwarded to the District Attorney's Office Civil Division, following the same guidelines as listed above. Because there are several legal rules and regulations pertaining to the release of public information, elected officials are strongly encouraged to submit requests for public information to the District Attorney's Office Civil Division. In the event that requests for information pertaining to an elected official is submitted to the Court Administrator's Office, the requestor is informed of the appropriate protocol in writing and asked to resubmit the request to the specific elected officials office.

411 Elm Street, 2"' Floor, Dallas, TX 75202-3340 (214) 653-7327. Fax (214) 653-7057

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Information as defined by Texas Government Code and Interpreted by the County

In providing the public with open access to government information, the Texas Government Code, Title 5, Chapter 552, Public Information Act (Attachment A) presents the following definition of information, by which the County also defines information:

Sec. 552.002. DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING PUBLIC INFORMATION

(a) In this chapter, "public information" means information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:

(1) by a governmental body; or (2) for a governmental body and the governmental body owns the information or has a right of access to it.

(b) The media on which public iriformation is recorded include: (1) paper; (2) film; (3) a magnetic, optical, or solid state device that can store an electronic signal; (4) tape; (5) Mylar; (6) linen; (7) silk; and (8) vellum.

(c) The general forms in which the media containing public information exist include a book, paper, letter, document, printout, photograph, .film, tape, microfiche, microfilm, photostat, sound recording, map, and drawing and a voice, data, or video representation held in computer memory.

As to the extent to which "information" exceeds the boundaries of "intellectual" property or electronic data, the Dallas County District Attorney's Office Civil Division has relied upon the Texas Attorney General's opinions to conclude that the aforementioned definition excludes tangible resources as public information. This determination is based upon Texas Attorney General Open Records Letter Rulings OR 2004-8439 (Attachment E) and OR 2005-1698 (Attachment F) with reference to Texas Attorney General Open Records Decisions No. 581 (Attachment G) and No. 401 (Attachment H). In an effort to confirm this determination, the Civil Division has requested an opinion of the Office of the Attorney General of Texas in a letter dated July 26,2011 (Attachment I). The response to this request is forthcoming.

Attachments

Texas Government Code (Attachment A) Title 5 Open Government Chapter 552 Public Information

Dallas County Code (Attachment B)

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Part II-County Administrative Policies and Procedures Cbapter 74 General Government Operations Policy Article III Public Records Sections 74-131 to 74-135

Dallas County Code (Attachment C) Part II-County Administrative Policies and Procedures Chapter 98 Records Management Program Article II Public Records Division 1 Generally Sections 98-41 to 98-43

Dallas County Website (Attachment D) www.dallascounty.orgldepartmentlcomcrtlopenrecords.php Open Records Request

Texas Attorney General (Attachments E and F) Open Records Letter Rulings OR 2004-8439 (E) OR 2005-1698 (F)

Texas Attorney General (Attachments G and H) Open Records Decision No. 581 (G) No. 401 (H)

Confumation Letter to Texas Attorney General from Dallas County District Attorney's OfficeCivil Division dated July 26, 2011 (Attachment 1)

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ATTACHMENT A

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TEXAS GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 552. PUBLIC INFORMATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 552.001. POLICY; CONSTRUCTION. (a) Under the

fundamental philosophy of the American constitutional form of

representative government that adheres to the principle that

government is the servant and not the master of the people, it

is the policy of this state that each person is entitled, unless

otherwise expressly provided by law, at all times to complete

information about the affairs of government and the official

acts of public officials and employees. The people, in

delegating authority, do not give their public servants the

right to decide what is good for the people to know and what is

not good for them to know. The people insist on remaining

informed so that they may retain control over the instruments

they have created. The provisions of this chapter shall be

liberally construed to implement this policy.

(b) This chapter shall be liberally construed in favor of

granting a request for information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.002. DEFINITION OF PUBLIC INFORMATION; MEDIA

CONTAINING PUBLIC INFORMATION. (a) In this chapter, "public

information" means information that is collected, assembled, or

maintained under a law or ordinance or in connection with the

transaction of official business:

(1) by a governmental body; or

(2) for a governmental body and the governmental body

owns the information or has a right of access to it.

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(b) The media on which public information is recorded

include:

can store

(1) paper;

(2) film;

(3) a magnetic, optical, or solid state device that

an electronic signal;

(4 ) tape;

(5 ) Mylar;

(6 ) linen;

(7 ) silk; and

(8 ) vellum.

(c) The general forms in which the media containing public

information exist include a book, paper, letter, document,

printout, photograph, film, tape, microfiche, microfilm,

photostat, sound recording, map, and drawing and a voice, data,

or video representation held in computer memory.


1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 552.003. DEFINITIONS. In this chapter:

(1) "Governmental body":

(A) means:

(i) a board, commission, department,

committee, institution, agency, or office that is within or is

created by the executive or legislative branch of state

government and that is directed by one or more elected or

appointed members;

(ii) a county commissioners court in the

state;

(iii) a municipal governing body in the

state;

(iv) a deliberative body that has

rulemaking or quasi-judicial power and that is classified as a

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department, agency, or political subdivision of a county or

municipality;

district;

(v) a school district board of trustees;

(vi) a county board of school trustees;

(vii) a county board of education;

(viii) the governing board of a special

(ix) the governing body of a nonprofit

corporation organized under Chapter 67, Water Code, that

provides a water supply or wastewater service, or both, and is

exempt from ad valorem taxation under Section Il.30, Tax Code;

(x) a local workforce development board

created under Section 2308.253;

(xi) a nonprofit corporation that is

eligible to receive funds under the federal community services

block grant program and that is authorized by this state to

serve a geographic area of the state; and

(xii) the part, section, or portion of an

organization, corporation, commission, committee, institution,

or agency that spends or that is supported in whole or in part

by public funds; and

(B) does not include the judiciary.

(2) "Manipulation" means the process of modifying,

reordering, or decoding of information with human intervention.

(3) "Processing" means the execution of a sequence of

coded instructions by a computer producing a result.

(4) "Programming" means the process of producing a

sequence of coded instructions that can be executed by a

computer.

(5) "Public funds" means funds of the state or of a

governmental subdivision of the state.

(6) "Requestor" means a person who submits a request

to a governmental body for inspection or copies of public

information.

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Sept. 1, 1995; Acts 1999, 76th Leg. , ch. 62, Sec. 18.24, eff.

Sept. 1, 1999; Acts 2001, 77th Leg. , ch. 633, Sec. 2, eff.


Sept. 1, 2001; Acts 2003, 78th Leg. , ch. 1276, Sec. 9.014, eff.

Sept. 1, 2003.

Sec. 552.0035. ACCESS TO INFORMATION OF JUDICIARY. (a)

Access to information collected, assembled, or maintained by or

for the judiciary is governed by rules adopted by the Supreme

Court of Texas or by other applicable laws and rules.

(b) This section does not address whether information is

considered to be information collected, assembled, or maintained

by or for the judiciary.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 1, eff. Sept. 1,

1999.

Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS

SUBJECT TO LAW. A property owners' association is subject to

this chapter in the same manner as a governmental body:

(1) if:

(A) membership in the property owners'

association is mandatory for owners or for a defined class of

owners of private real property in a defined geographic area in

a county with a population of 2.8 million or more or in a county

adj.acent to a county with a population of 2.8 million or more;

(B) the property owners' association has the

power to make mandatory special assessments for capital

improvements or mandatory regular assessments; and

(C) the amount of the mandatory special or

regular assessments is or has ever been based in whole or in

part on the value at which the state or a local governmental

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body assesses the property for purposes of ad valorem taxation

under Section 20, Article VIII, Texas Constitution; or

(2) if the property owners' association:

(A) provides maintenance, preservation, and

architectural control of residential and commercial property

within a defined geographic area in a county with a population

of 2.B million or more or in a county adjacent to a county with

a population of 2.B million or more; and

(B) is a corporation that:

(i) is governed by a board of trustees who

may employ a general manager to execute the association's bylaws

and administer the business of the corporation;

(ii) does not require membership in the

corporation by the owners of the property within 'the defined

area; and

(iii) was incorporated before January 1,

2006.

Added by Acts 1999, 76th Leg" ch. 10B4, Sec. 2, eff. Sept. 1,

1999. Renumbered from Sec. 552.0035 by Acts 2001, 77th Leg.,

ch. 1420, Sec. 21.001(51), eff. Sept. 1, 200l.

Amended by:

Acts 2007, BOth Leg., R.S., Ch. 1367, Sec. 2, eff.

September 1, 2007.

Sec. 552.0037. CERTAIN ENTITIES AUTHORIZED TO TAKE

PROPERTY THROUGH EMINENT DOMAIN. Notwithstanding any other law,

information collected, assembled, or maintained by an entity

that is not a governmental body but is authorized by law to take

private property through the use of eminent domain is subject to

this chapter in the same manner as information collected,

assembled, or maintained by a governmental body, but only if the

information is related to the taking of private property by the

entity through the use of eminent domain.

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Added by Acts 2005, 79th Leg., 2nd C.S., Ch. l, Sec. 2, eff.

November 18, 2005.

Sec. 552.004. PRESERVATION OF INFORMATION. A governmental

body or, for information of an elective county office, the

elected county officer, may determine a time for which

information that is not currently in use will be preserved,

subject to any applicable rule or law governing the destruction

and other disposition of state and local government records or

public information.



Sept. 1, 1995.

Sec. 552.005. EFFECT OF CHAPTER ON SCOPE OF CIVIL

DISCOVERY. (a) This chapter does not affect the scope of civil

discovery under the Texas Rules of Civil Procedure.

(b) Exceptions from disclosure under this chapter do not

create new privileges from discovery.


1993.

Sec. 552.0055. SUBPOENA DUCES TECUM OR DISCOVERY REQUEST.

A subpoena duces tecum or a request for discovery that is issued

in compliance with a statute or a rule of civil or criminal

procedure is not considered to be a request for information

under this chapter.


1999.

Sec. 552.006. EFFECT OF CHAPTER ON WITHHOLDING PUBLIC

INFORMATION. This chapter does not authorize the withholding of

public information or limit the availability of public

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information to the public, except as expressly provided by this

chapter.



Sept. 1, 1995.

Sec. 552.007. VOLUNTARY DISCLOSURE OF CERTAIN INFORMATION

WHEN DISCLOSURE NOT REQUIRED. (a) This chapter does not

prohibit a governmental body or its officer for public

information from voluntarily making part or all of its

information available to the public, unless the disclosure is

expressly prohibited by law or the information is confidential

under law.

(b) Public information made available under Subsection (a)

must be made available to any person.



Sept. 1, 1995.

Sec. 552.008. INFORMATION FOR LEGISLATIVE PURPOSES. (a)

This chapter does not grant authority to withhold information

from individual members, agencies, or committees of the

legislature to use for legislative purposes.

(b) A governmental body on request by an individual

member, agency, or committee of the legislature shall provide

public information, including confidential information, to the

requesting member, agency, or committee for inspection or

duplication in accordance with this chapter if the requesting

member, agency, or committee states that the public information

is requested under this chapter for legislative purposes. A

governmental body, by providing public information under this

section that is confidential or otherwise excepted from required

disclosure under law, does not waive or affect the

confidentiality of the information for purposes of state or

108

federal law or waive the right to assert exceptions to required

disclosure of the information in the future. The governmental

body may require the requesting individual member of the

legislature, the requesting legislative agency or committee, or

the members or employees of the requesting entity who will view

or handle information that is received under this section and

that is confidential under law to sign a confidentiality

agreement that covers the information and requires that:

(1) the information not be disclosed outside the

requesting entity, or within the requesting entity for purposes

other than the purpose for which it was received;

(2) the information be labeled as confidential;

(3) the information be kept securely; or

(4) the number of copies made of the information or

the notes taken from the information that implicate the

confidential nature of the information be controlled, with all

copies or notes that are not destroyed or returned to the

governmental body remaining confidential and subject to the

confidentiality agreement.

(b-l) A member, committee, or agency of the legislature

required by a governmental body to sign a confidentiality

agreement under Subsection (b) may seek a decision as provided

by Subsection (b-2) about whether the information covered by the

confidentiality agreement is confidential under law. A

confidentiality agreement signed under Subsection (b) is void to

the extent that the agreement covers information that is finally

determined under Subsection (b-2) to not be confidential under

law.

(b-2) The member,

may seek a decision from

committee, or agency

the attorney general

of the legislature

about the

matter. The attorney general by rule shall establish procedures

and deadlines for receiving information necessary to decide the

matter and briefs from the requestor, the governmental body, and

any other interested person. The attorney general shall

promptly render a decision requested under this subsection,

determining whether the information covered by the

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confidentiality agreement is confidential under law, not later

than the 45th business day after the date the attorney general

received the request for a decision under this subsection. The

attorney general shall issue a written decision on the matter

and provide a copy of the decision to the requestor, the

governmental body, and any interested person who submitted

necessary information or a brief to the attorney general about

the matter. The requestor or the governmental body may appeal a

decision of the attorney general under this subsection to a

Travis County district court. A person may appeal a decision of

the attorney general under this subsection to a Travis County

district court if the person claims a proprietary interest in

the information affected by the decision or a privacy interest

in the information that a confidentiality law or judicial

decision is designed to protect.

(c) This section does not affect:

(1) the right of an individual member, agency, or

committee of the legislature to obtain information from a

governmental body under other law, including under the rules of

either house of the legislature;

(2) the procedures under which the information is

obtained under other law; or

(3) the use that may be made of the information

obtained under other law.



Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1364, Sec. 1, eff.

September 1, 2010.


September 1, 2010.

Sec. 552.009. OPEN RECORDS STEERING COMMITTEE: ADVICE TO

ATTORNEY GENERAL; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION.

1 1 ()

(a) The open records steering committee is composed of two

representatives of the attorney general's office and:

(1) a representative of each of the following,

appointed by its governing entity:

Commission;

(A) the comptroller's office;

(B) the Department of Public Safety;

(C) the Department of Information Resources; and

(D) the Texas State Library and Archives

(2) five public members, appointed by the attorney

general; and

(3) a representative of each of the following types

of local governments, appointed by the attorney general:

(A) a municipality;

(B) a county; and

(C) a school district.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

329, Sec. 1

(b) The representative of the attorney general designated

by the attorney general is the presiding officer of the

committee. The committee shall meet as prescribed by committee

procedures or at the call of the presiding officer.


716, Sec. 1

(b) The representative of the attorney general is the

presiding officer of the committee. The committee shall meet as

prescribed by committee procedures or at the call of the

presiding officer.

(c) The committee shall advise the attorney general

regarding the office of the attorney general's performance of

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its duties under Sections 552.010, 552.205, 552.262, 552.269,

and 552.274.

(d) The members of the committee who represent state

governmental bodies and the public members of the committee

shall periodically study and determine the types of public

information for which it would be useful to the public or cost

effective for the government if the type of information were

made available by state governmental bodies by means of the

Internet or another electronic format. The committee shall

report its findings and recommendations to the governor, the

presiding officer of each house of the legislature, and the

budget committee and state affairs committee of each house of

the legislature.

(e) Chapter 2110 does not apply to the size, composition,

or duration of the committee. Chapter 2110 applies to the

reimbursement of a public member's expenses related to service

on the committee. Any reimbursement of the expenses of a member

who represents a state or local governmental body may be paid

only from funds available to the state or local governmental

body the member represents.


1999.

Amended by:

Acts 2005, 79th Leg., Ch. 32~, Sec. 1, eff. September 1,

2005.

Acts 2005, 79th Leg., Ch. 716, Sec. 1, eff. September 1,

2005.

Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 3.06, eff.

September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. ll77, Sec. 3, eff.

September 1, 2009.

Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER

INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a)

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Each state governmental body shall report to the attorney

general the information the attorney general requires regarding:

(1) the number and nature of requests for information

the state governmental body processes under this chapter in the

period covered by the report; and

(2) the cost to the state governmental body in that

period in terms of capital expenditures and personnel time of:

(A) responding to requests for information under

this chapter; and

(B) making information available to the public

by means of the Internet or another electronic format.

(b) The attorney general shall design and phase in the

reporting requirements in a way that:

(1) minimizes the reporting burden on state

governmental bodies; and

(2) allows the legislature and state governmental

bodies to estimate the extent to which it is cost-effective for

state government, and if possible the extent to which it is

cost-effective or useful for members of the public, to make

information available to the public by means of the Internet or

another electronic format as a supplement or alternative to

publicizing the information only in other ways or making the

information available only in response to requests made under

this chapter.

(c) The attorney general shall share the information

reported under this section with the open records steering

committee.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 27.01, eff.

Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch. l2~, Sec. 2, eff. September 1,

2005.


2005.

1 1 ~

Sec. 552.011. UNIFORMITY. The attorney general shall

maintain uniformity in the application, operation, and

interpretation of this chapter. To perform this duty, the

attorney general may prepare, distribute, and publish any

materials, including detailed and comprehensive written

decisions and opinions, that relate to or are based on this

chapter.


1999.

Sec. 552.012. OPEN RECORDS TRAINING. (a) This section

applies to an elected or appointed public official who is:

(1) a member of a multimember governmental body;

(2) the governing officer of a governmental body that

is headed by a single officer rather than by a multimember

governing body; or

(3) the officer for public information of a

governmental body, without regard to whether the officer is

elected or appointed to a specific term.

(b) Each public official shall complete a course of

training of not less than one and not more than two hours

regarding the responsibilities of the governmental body with

which the official serves and its officers and employees under

this chapter not later than the 90th day after the date the

public official:

(1) takes the oath of office, if the person is

required to take an oath of office to assume the person's duties

as a public official; or

(2) otherwise assumes the person's duties as a public

official, if the person is not required to take an oath of

office to assume the person's duties.

(c) A public official may designate a public information

coordinator to satisfy the training requirements of this section

for the public official if the public information coordinator is

primarily responsible for administering the responsibilities of

1 1 4

the public official or governmental body under this

chapter. Designation of a public information coordinator under

this subsection does not relieve a public official from the duty

to comply with any other requirement of this chapter that

applies to the public official. The designated public

information coordinator shall complete the training course

regarding

which the

the responsibilities of the governmental body with

coordinator serves and of its officers and

under this chapter not later than the 90th day after

employees

the date

the coordinator assumes the person's duties as coordinator.

(d) The attorney general shall ensure that the training is

made available. The office of the attorney general may provide

the training and may also approve any acceptable course of

training offered by a governmental body or other entity. The

attorney general shall ensure that at least one course of

training approved or provided by the attorney general is

available on videotape or a functionally similar and widely

available medium at no cost. The training must include

instruction in:

(1) the general background of the legal requirements

for open records and public information;

(2) the applicability of this chapter to governmental

bodies;

(3) procedures and requirements regarding complying

with a request for information under this chapter;

(4) the role of the attorney general under this

chapter; and

(5) penalties and other consequences for failure to

comply with this chapter.

(e) The office of the attorney general or other entity

providing the training shall provide a certificate of course

completion to persons who complete the training required by this

section. A governmental body shall maintain and make available

for public inspection the record of its public officials' or, if

applicable, the public information coordinator's completion of

the training.

1 1 ~

(f) Completing the required training as a public official

of the governmental body satisfies the requirements of this

section with regard to the public official's service on a

committee or subcommittee of the governmental body and the

public official's ex officio service on any other governmental

body.

(g) The training required by this section may be used to

satisfy any corresponding training requirements concerning this

chapter or open records required by law for a public official or

public information coordinator. The attorney general shall

attempt to coordinate the training required by this section with

training required by other law to the extent practicable.

(h) A certificate of course completion is admissible as

evidence in a criminal prosecution under this chapter. However,

evidence that a defendant completed a course of training offered

under this section is not prima facie evidence that the

defendant knowingly violated this chapter.

Added by Acts 2005, 79th Leg., Ch. 105, Sec. 2, eff. January 1,

2006.

SUBCHAPTER B. RIGHT OF ACCESS TO PUBLIC INFORMATION

Sec. 552.021. AVAILABILITY OF PUBLIC INFORMATION. Public

information is available to the public at a minimum during the

normal business hours of the governmental body.



Sept. 1, 1995.

Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.

(a) Without limiting the amount or kind of information that is

public information under this chapter, the following categories

of information are public information and not excepted from

1 1 E3

required disclosure under this chapter unless they are expressly

confidential under other law:

(1) a completed report, audit, evaluation, or

investigation made of, for, or by a governmental body, except as

provided by Section 552.108;

(2) the name, sex, ethnicity, salary, title, and

dates of employment of each employee and officer of a

governmental body;

(3) information in an account, voucher, or contract

relating to the receipt or expenditure of public or other funds

by a governmental body;

(4) the name of each official and the final record of

voting on all proceedings in a governmental body;

(5) all working papers, research material, and

information used to estimate the need for or expenditure of

public funds or taxes by a governmental body, on completion of

the estimate;

(6) the name, place of business, and the name of the

municipality to which local sales and use taxes are credited, if

any, for the named person, of a person reporting or paying sales

and use taxes under Chapter 151, Tax Code;

(7) a description of an agency's central and field

organizations, including:

(A) the established places at which the public

may obtain information, submit information or requests, or

obtain decisions;

(B) the employees from whom the public may

obtain information, submit information or requests, or obtain

decisions;

(C) in the case of a uniformed service, the

members from whom the public may obtain information, submit

information or requests, or obtain decisions; and

(D) the methods by which the public may obtain

information, submit information or requests, or obtain

decisions;

111'

(8) a statement of the general course and method by

which an agency's functions are channeled and determined,

including the nature and requirements of all formal and informal

policies and procedures;

(9) a rule of procedure, a description of forms

available or the places at which forms may be obtained, and

instructions relating to the scope and content of all papers,

reports, or examinations;

(10) a substantive rule of general applicability

adopted or issued by an agency as authorized by law, and a

statement of general policy or interpretation of general

applicability formulated and adopted by an agency;

(11) each amendment, revision, or repeal of

information described by Subdivisions (7)-(10);

(12) final opinions, including concurring and

dissenting opinions, and orders issued in the adjudication of

cases;

(13) a policy statement or interpretation that has

been adopted or issued by an agency;

(14) administrative staff manuals and instructions to

staff that affect a member of the public;

(15) information regarded as open to the public under

an agency's policies;

(16) information that is in a bill for attorney's

fees and that is not privileged under the attorney-client

privilege;

(17) information that is also contained in a public

court record; and

(18) a settlement agreement to which a governmental

body is a party.

(b) A court in this state may not order a governmental

body or an officer for public information to withhold from

public inspection any category of public information described

by Subsection (a) or to not produce the category of public

information for inspection or duplication, unless the category

of information is expressly made confidential under other law.

1 1 8



Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1319, Sec. 5, eff.

Sept. 1, 1999.

Sec. 552.0221. EMPLOYEE OR TRUSTEE OF PUBLIC EMPLOYEE

PENSION SYSTEM. (a) Information concerning the employment of

an employee of a public employee pension system is public

information under the terms of this chapter, including

information concerning the income, salary, benefits, and bonuses

received from the pension system by the employee in the person's

capacity as an employee of the system, and is not removed from

the application of this chapter, made confidential, or otherwise

excepted from the requirements of Section 552.021 by any statute

intended to protect the records of persons as members,

beneficiaries, or retirees of a public employee pension system

in their capacity as such.

(b) Information concerning the service of a trustee of a

public employee pension system is public information under the

terms of this chapter, including information concerning the

income, salary, benefits, and bonuses received from the pension

system by the trustee in the person's capacity as a trustee of

the system, and is not removed from the application of this

chapter, made confidential, or otherwise excepted from the

requirements of Section 552.021 by any statute intended to

protect the records of persons as members, beneficiaries, or

retirees of a public employee pension system in their capacity

as such.

(c) Information subject to Subsections (a) and (b) must be

released only to the extent the information is not excepted from

required disclosure under this subchapter or Subchapter C.

(d) For purposes of this section, "benefits" does not

include pension benefits provided to an individual by a pension

system under the statutory plan covering the individual as a

member, beneficiary, or retiree of the pension system.

1 1 9

Added by Acts 2009, 81st Leg., R.S., Ch. ~, Sec. 1, eff. May

19, 2009.

Sec. 552.0225. RIGHT OF ACCESS TO INVESTMENT INFORMATION.

(a) Under the fundamental philosophy of American government

described by Section 552.001, it is the policy of this state

that investments of government are investments of and for the

people and the people are entitled to information regarding

those investments. The provisions of this section shall be

liberally construed to implement this policy.

(b) The following categories of information held by a

governmental body relating to its investments are public

information and not excepted from disclosure under this chapter:

(1) the name of any fund or investment entity the

governmental body is or has invested in;

(2) the date that a fund or investment entity

described by subdivision (1) was established;

(3) each date the governmental body invested in a

fund or investment entity described by Subdivision (1);

(4) the amount of money, expressed in dollars, the

governmental body has committed to a fund or investment entity;

(5) the amount of money, expressed in dollars, the

governmental body is investing or has invested in any fund or

investment entity;

(6) the total amount of money, expressed in dollars,

the governmental body received from any fund or investment

entity in connection with an investment;

(7) the internal rate of return or other standard

used by a governmental body in connection with each fund or

investment entity it is or has invested in and the date on which

the return or other standard was calculated;

(8) the remaining value of any fund or investment

entity the governmental body is or has invested in;

(9) the total amount of fees, including expenses,

charges, and other compensation, assessed against the

120

governmental body by, or paid by the governmental body to, any

fund or investment entity or principal of any fund or investment

entity in which the governmental body is or has invested;

(10) the names of the principals responsible for

managing any fund or investment entity in which the governmental

body is or has invested;

(11) each recusal filed by a member of the governing

board in connection with a deliberation or action of the

governmental body relating to an investment;

(12) a description of all of the types of businesses

a governmental body is or has invested in through a fund or

investment entity;

(13) the

each open portion of

minutes and audio or video recordings of

a meeting of the governmental body at which

an item described by this subsection was discussed;

(14) the governmental body's percentage ownership

interest in a fund or investment entity the governmental body is

or has invested in;

(15) any annual ethics disclosure report submitted to

the governmental body by a fund or investment entity the

governmental body is or has invested in; and

(16) the cash-on-cash return realized by the

governmental body for a fund or investment entity the

governmental body is or has invested in.

(c) This section does not apply to the Texas Mutual

Insurance Company or a successor to the company.

(d) This section does not apply to a private investment

fund's investment in restricted securities, as defined in

Section 552.143.

Added by Acts 2005, 79th Leg., Ch. 1338, Sec. 1, eff. June 18,

2005.

Sec. 552.023. SPECIAL RIGHT OF ACCESS TO CONFIDENTIAL

INFORMATION. (a) A person or a person's authorized

representative has a special right of access, beyond the right

121

of the general public, to information held by a governmental

body that relates to the person and that is protected from

public disclosure by laws intended to protect that person's

privacy interests.

(b) A governmental body may not deny access to information

to the person, or the person's representative, to whom the

information relates on the grounds that the information is

considered confidential by privacy principles under this chapter

but may assert as grounds for denial of access other provisions

of this chapter or other law that are not intended to protect

the person's privacy interests.

(c) A release of information under Subsections (a) and (b)

is not an offense under Section 552.352.

(d) A person who receives information under this section

may disclose the information to others only to the extent

consistent with the authorized purposes for which consent to

release the information was obtained.

(e) Access to information under this section shall be

provided in the manner prescribed by Sections 552.229 and

552.307.



sept. 1, 1995.

Sec. 552.024. ELECTING TO DISCLOSE ADDRESS AND TELEPHONE

NUMBER. (a) Each employee or official of a governmental body

and each former employee or official of a governmental body

shall choose whether to allow public access to the information

in the custody of the governmental body that relates to the

person's home address, home telephone number, or social security

number, or that reveals whether the person has family members.

(b) Each employee and official and each former employee

and official shall state that person's choice under Subsection

(a) to the main personnel officer of the governmental body in a

122

signed writing not later than the 14th day after the date on

which:

(1) the employee begins employment with the

governmental body;

(2) the official is elected or appointed; or

(3) the former employee or official ends service with

the governmental body.

(c) If the employee or official or former employee or

official chooses not to allow public access to the information:

(1) the information is protected under Subchapter C;

and

(2) the governmental body may redact the information

from any information the governmental body discloses under

Section 552.021 without the necessity of requesting a decision

from the attorney general under Subchapter G.

(c-1) If, under Subsection (c) (2), a governmental body

redacts or withholds information without requesting a decision

from the attorney general about whether the information may be

redacted or withheld, the requestor is entitled to seek a

decision from the attorney general about the matter. The

attorney general by rule shal.l establish procedures and

deadlines for receiving information necessary to decide the

matter and briefs from the requestor, the governmental body, and

any other interested person. The attorney general shall

promptly render a decision requested under this subsection,

determining whether the redacted or withheld information was

excepted from required disclosure to the requestor, not later

than the 45th business day after the date the attorney general

received the request for a decision under this subsection. The

attorney general shall issue a written decision on the matter

and provide a copy of the decision to the requestor, the

governmental body, and any interested person who submitted

necessary information or a brief to the attorney general about

the matter. The requestor or the governmental body may appeal a

decision of the attorney general under this subsection to a

Travis County district court.

123

(c-2) A governmental body that redacts or withholds

information under Subsection (c) (2) shall provide the following

information to the requestor on a form prescribed by the

attorney general:

(1) a description of the redacted or withheld

information;

(2) a citation to this section; and

(3) instructions regarding how the requestor may seek

a decision from the attorney general regarding whether the

redacted or withheld information is excepted from required

disclosure.

(d) If an employee or official or a former employee or

official fails to state the person's choice within the period

established by this section, the information is subject to

public access.

(e) An employee or official or former employee or official

of a governmental body who wishes to close or open public access

to the information may request in writing that the main

personnel officer of the governmental body close or open access.

(f) This section does not apply to a person to whom

Section 552.1175 applies.




Sept. 1, 200l.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 283, Sec. 1, eff. June 4,

2009.

Sec. 552.025. TAX RULINGS AND OPINIONS. (a) A

governmental body with taxing authority that issues a written

determination letter, technical advice memorandum, or ruling

that concerns a tax matter shall index the letter, memorandum,

or ruling by subject matter.

124

(b) On request, the governmental body shall make the index

prepared under Subsection (a) and the document itself available

to the public, subject to the provisions of this chapter.

(c) Subchapter C does not authorize withholding from the

public or limiting the availability to the public of a written

determination letter, technical advice memorandum, or ruling

that concerns a tax matter and that is issued by a governmental

body with taxing authority.


1993.

Sec. 552.026. EDUCATION RECORDS. This chapter does not

require the release of information contained in education

records of an educational agency or institution, except in

conformity with the Family Educational Rights and Privacy Act of

1974, Sec. 513, Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g.


1993.

Sec. 552.027. EXCEPTION: INFORMATION AVAILABLE

COMMERCIALLY; RESOURCE MATERIAL. (a) A governmental body is

not required under this chapter to allow the inspection of or to

provide a copy of information in a commercial book or

publication purchased or acquired by the governmental body for

research purposes if the book or pUblication is commercially

available to the public.

(b) Although information in a book or publication may be

made available to the public as a resource material, such as a

library book, a governmental body is not required to make a copy

of the information in response to a request for public

information.

(c) A governmental body shall allow the inspection of

information in a book or publication that is made part of,

125

incorporated into, or referred to in a rule or policy of a

governmental body.


1995.

Sec. 552.028. REQUEST FOR INFORMATION FROM INCARCERATED

INDIVIDUAL. (a) A governmental body is not required to accept

or comply with a request for information from:

(1) an individual who is imprisoned or confined in a

correctional facility; or

(2) an agent of that individual, other than that

individual's attorney when the attorney is requesting

information that is subject to disclosure under this chapter.

(b) This section does not prohibit a governmental body

from disclosing to an individual described by Subsection (a) (1) ,

or that individual's agent, information held by the governmental

body pertaining to that individual.

(c) In this section, ·correctional facility" means:

(1) a secure correctional facility, as defined by

Section 1.07, Penal Code;

(2) a secure correctional facility and a secure

detention facility, as defined by Section 51.02, Family Code;

and

(3) a place designated by the law of this state,

another state, or the federal government for the confinement of

a person arrested for, charged with, or convicted of a criminal

offense.

Added by Acts 1995, 74th Leg., ch. 302, Sec. 1, eff. June 5,

1995. Renumbered from Government Code Sec. 552.027 by Acts

1997, 75th Leg., ch. 165, Sec. 31.01(44), eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1231, Sec. 6, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 154, Sec. 1, eff. May 21,

1999; Acts 2001, 77th Leg., ch. 735, Sec. 1, eff. June 13,

126

2001; Acts 2003, 78th Leg., ch. 283, Sec. 45, eff. Sept. 1,

2003.

Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION

RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE.

Notwithstanding Section 508.313 or 552.134, the following

information about an inmate who is confined in a facility

operated by or under a contract with the Texas Department of

Criminal Justice is subject to required disclosure under Section

552.021;

(1) the inmate's name, identification number, age,

birthplace, department photograph, physical description, or

general state of health or the nature of an injury to or

critical illness suffered by the inmate;

(2) the inmate's assigned unit or the date on which

the unit received the inmate, unless disclosure of the

information would violate federal law relating to the

confidentiality of substance abuse treatment;

(3) the offense for which the inmate was convicted or

the judgment and sentence for that offense;

(4) the county and court in which the inmate was

convicted;

(5) the inmate's earliest or latest possible release

dates;

(6) the inmate's parole date or earliest possible

parole date;

(7) any prior confinement of the inmate by the Texas

Department of Criminal Justice or its predecessor; or

(8) basic information regarding the death of an

inmate in custody, an incident involving the use of force, or an

alleged crime involving the inmate.

Added by Acts 1999, 76th Leg., ch. 783, Sec. 2, eff. Aug. 30,

1999; Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(7), eff.

Sept. 1, 2001.

Amended by;

127

Acts 2005, 79th Leg., Ch. 1271, Sec. 1, eff. June 18, 2005.

SUBCHAPTER C. INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE

Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION.

Information is excepted from the requirements of Section 552.021

if it is information considered to be confidential by law,

either constitutional, statutory, or by judicial decision.


1993.

Sec. 552.102. EXCEPTION: PERSONNEL INFORMATION. (a)


if it is information in a personnel file, the disclosure of

which would constitute a clearly unwarranted invasion of

personal privacy, except that all information in the personnel

file of an employee of a governmental body is to be made

available to that employee or the employee's designated

representative

this chapter.

as public information is made available under

The exception to public disclosure created by

this subsection is in addition to any exception created by

Section 552.024. Public access to personnel information covered

by section 552.024 is denied to the extent provided by that

section.

(b) Information is excepted from the requirements of

Section 552.021 if it is a transcript from an institution of

higher education maintained in the personnel file of a

professional public school employee, except that this section

does not exempt from disclosure the degree obtained or the

curriculum on a transcript in the personnel file of the

employee.



Sept. 1, 1995.

128

Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT

NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION.

(a) Information is excepted from the requirements of Section

552.021 if it is information relating to litigation of a civil

or criminal nature to which the state or a political subdivision

is or may be a party or to which an officer or employee of the

state or a political subdivision, as a consequence of the

person's office or employment, is or may be a party.

(b) For purposes of this section, the state or a political

subdivision is considered to be a party to litigation of a

criminal nature until the applicable statute of limitations has

expired or until the defendant has exhausted all appellate and

postconviction remedies in state and federal court.

(c) Information relating to litigation involving a

governmental body or an officer or employee of a governmental

body is excepted from disclosure under Subsection (a) only if

the litigation is pending or reasonably anticipated on the date

that the requestor applies to the officer for public information

for access to or duplication of the information.



Sept. 1, 1999.

Sec. 552.104. EXCEPTION: INFORMATION RELATED TO

COMPETITION OR BIDDING. (a) Information is excepted from the

requirements of Section 552.021 if it is information that, if

released, would give advantage to a competitor or bidder.

(b) The requirement of Section 552.022 that a category of

information listed under Section 552.022(a) is public

information and not excepted from required disclosure under this

chapter unless expressly confidential under law does not apply

to information that is excepted from required disclosure under

this section.

129


1993. Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.01,

eff. June 15, 2001.

Sec. 552.105. EXCEPTION: INFORMATION RELATED TO LOCATION

OR PRICE OF PROPERTY. Information is excepted from the

requirements of Section 552.021 if it is information relating

to:

(1) the location of real or personal property for a

public purpose prior to public announcement of the project; or

(2) appraisals or purchase price of real or personal

property for a public purpose prior to the formal award of

contracts for the property.


1993.

Sec. 552.106. EXCEPTION: CERTAIN LEGISLATIVE DOCUMENTS.

(a) A draft or working paper involved in the preparation of

proposed legislation is excepted from the requirements of

Section 552.021.

(b) An internal bill analysis or working paper prepared by

the governor's office for the purpose of evaluating proposed

legislation is excepted from the requirements of Section

552.021.



June 20, 1997.

Sec. 552.107. EXCEPTION: CERTAIN LEGAL MATTERS.


if:

(1) it is information that the attorney general or an

attorney of a political subdivision is prohibited from

disclosing because of a duty to the client under the Texas Rules

of Evidence or the Texas Disciplinary Rules of Professional

Conduct; or

(2) a court by order has prohibited disclosure of the

information.



Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 8.014, eff. September

1, 2005.

Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT,

CORRECTIONS, AND PROSECUTORIAL INFORMATION. (a) Information

held by a law enforcement agency or prosecutor that deals with

the detection, investigation, or prosecution of crime is

excepted from the requirements of Section 552.021 if:

(1) release of the information would interfere with

the detection, investigation, or prosecution of crime;

(2) it is information that deals with the detection,

investigation, or prosecution of crime only in relation to an

investigation that did not result in conviction or deferred

adjudication;

(3) it is information relating to a threat against a

peace officer or detention officer collected or disseminated

under Section 411.048; or

(4) it is information that:

(A) is prepared by an attorney representing the

state in anticipation of or in the course of preparing for

criminal litigation; or

(B) reflects the mental impressions or legal

reasoning of an attorney representing the state.

(b) An internal record or notation of a law enforcement

agency or prosecutor that is maintained for internal use in

1 3 1

matters relating to law enforcement or prosecution is excepted

from the requirements of Section 552.021 if:

(1) release of the internal record or notation would

interfere with law enforcement or prosecution;

(2) the internal record or notation relates to law

enforcement only in relation to an investigation that did not

result in conviction or deferred adjudication; or

(3) the internal record or notation:

(A) is prepared by an attorney representing the

state in anticipation of or in the course of preparing for

criminal litigation; or

(B) reflects the mental impressions or legal

reasoning of an attorney representing the state.

(c) This ·section does not except from the requirements of

Section 552.021 information that is basic information about an

arrested person, an arrest, or a crime.





Sept. 1, 200l.

Amended by:


2005.


2005.

Sec. 552.109. EXCEPTION: CERTAIN PRIVATE COMMUNICATIONS

OF AN ELECTED OFFICE HOLDER. Private correspondence or

communications of an elected office holder relating to matters

the disclosure of which would constitute an invasion of privacy

are excepted from the requirements of Section 552.021.


1993.

132

Sec. 552.110. EXCEPTION: TRADE SECRETS; CERTAIN

COMMERCIAL OR FINANCIAL INFORMATION. (a) A trade secret

obtained from a person and privileged or confidential by statute

or judicial decision is excepted from the requirements of

Section 552.021.

(b) Commercial or financial information for which it is

demonstrated based on specific factual evidence that disclosure

would cause substantial competitive harm to the person from whom

the information was obtained is excepted from the requirements

of Section 552.021.



Sept. 1, 1999.

Sec. 552.111. EXCEPTION: AGENCY MEMORANDA. An

interagency or intraagency memorandum or letter that would not

be available by law to a party in litigation with the agency is

excepted from the requirements of Section 552.021.


1993.

Sec. 552.112. EXCEPTION: CERTAIN INFORMATION RELATING TO

REGULATION OF FINANCIAL INSTITUTIONS OR SECURITIES. (a)


if it is information contained in or relating to examination,

operating, or condition reports prepared by or for an agency

responsible for the regulation or supervision of financial

institutions or securities, or both.

(b) In this section, "securities" has the meaning assigned

by The Securities Act (Article 581-1 et seq., Vernon's Texas

Civil Statutes) .

133

(c) Information is excepted from the requirements of

Section 552.021 if it is information submitted by an individual

or other entity to the Texas Legislative Council, or to any

state agency or department overseen by the Finance Commission of

Texas and the information has been or will be sent to the Texas

Legislative Council, for the purpose of performing a statistical

or demographic analysis of information subject to Section

323.020. However, this subsection does not except from the

requirements of Section 552.021 information that does not

identify or tend to identify an individual or other entity and

that is subject to required public disclosure under Section

323.020(e) .



June 20, 2003.

Sec. 552.113. EXCEPTION: GEOLOGICAL OR GEOPHYSICAL

INFORMATION. (a) Information is excepted from the requirements

of section 552.021 if it is:

(1) an electric log confidential under Subchapter M,

Chapter 91, Natural Resources Code;

(2) geological or geophysical information or data,

including maps concerning wells, except information filed in

connection with an application or proceeding before an agency;

or

(3) confidential under Subsections (c) through (f).

(b) Information that is shown to or examined by an

employee of the General Land Office, but not retained in the

land office, is not considered to be filed with the land office.

(c) In this section:

(1) "Confidential material" includes all well logs,

geological, geophysical, geochemical, and other similar data,

including maps and other interpretations of the material filed

in the General Land Office:

134

(A) in connection with any administrative

application or proceeding before the land commissioner, the

school land board, any board for lease, or the commissioner's or

board's staff; or

(B) in compliance with the requirements of any

law, rule, lease, or agreement.

(2) "Basic electric logs" has the same meaning as it

has in Chapter 91, Natural Resources Code.

(3) "Administrative applications" and "administrative

proceedings" include applications for pooling or unitization,

review of shut-in royalty payments, review of leases or other

agreements to determine their validity, review of any plan of

operations, review of the obligation to drill offset wells, or

an application to pay compensatory royalty.

(d) Confidential material, except basic electric logs,

filed in the General Land Office on or after September 1, 1985,

is public information and is available to the public under

section 552.021 on and after the later of:

(1) five years from the filing date of the

confidential material; or

(2) one year from the expiration, termination, or

forfeiture of the lease in connection with which the

confidential material was filed.

(e) Basic electric logs filed in the General Land Office

on or after September 1, 1985, are either public information or

confidential material to the same extent and for the same

periods provided for the same logs by Chapter 91, Natural

Resources Code. A person may request that a basic electric log

that has been filed in the General Land Office be made

confidential by filing with the land office a copy of the

written request for confidentiality made to the Railroad

Commission of Texas for the same log.

(f) The following are public information:

(1) basic electric logs filed in the General Land

Office before September 1, 1985; and

135

(2) confidential material, except basic electric

logs, filed in the General Land Office before September 1, 1985,

provided, that Subsection (d) governs the disclosure of that

confidential material filed in connection with a lease that is a

valid and subsisting lease on September 1, 1995.

(g) Confidential material may be disclosed at any time if

the person filing the material, or the person's successor in

interest in the lease in connection with which the confidential

material was filed, consents in writing to its release. A party

consenting to the disclosure of confidential material may

restrict the manner of disclosure and the person or persons to

whom the disclosure may be made.

(h) Notwithstanding the confidential nature of the

material described in this section, the material may be used by

the General Land Office in the enforcement, by administrative

proceeding or litigation, of the laws governing the sale and

lease of public lands and minerals, the regulations of the land

office, the school land board, or of any board for lease, or the

terms of any lease, pooling or unitization agreement, or any

other agreement or grant.

(i) An administrative hearings officer may order that

confidential material introduced in an administrative proceeding

remain confidential until the proceeding is finally concluded,

or for the period provided in Subsection (d), whichever is

later.

(j) Confidential material examined by an administrative

hearings officer during the course of an administrative

proceeding for the purpose of determining its admissibility as

evidence shall not be considered to have been filed in the

General Land Office to the extent that the confidential material

is not introduced into evidence at the proceeding.

(k) This section does not prevent a person from asserting

that any confidential material is exempt from disclosure as a

trade secret or commercial information under Section 552.110 or

under any other basis permitted by law.

136



Sept. 1, 1995.

Sec. 552.114. EXCEPTION: STUDENT RECORDS. (a)


if it is information in a student record at an educational

institution funded wholly or partly by state revenue.

(b) A record under Subsection (a) shall be made available

on the request of:

(1) educational institution personnel;

(2) the student involved or the student's parent,

legal guardian, or spouse; or

(3) a person conducting a child abuse investigation

required by Subchapter D, Chapter 261, Family Code.


1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.38, eff.

Sept. 1, 1997.

Sec. 552.115. EXCEPTION: BIRTH AND DEATH RECORDS.

birth or death record maintained by the bureau of vital

statistics of the Texas Department of Health or a local

registration official is excepted from the requirements of

Section 552.021, except that:

(a) A

(1) a birth record is public information and

available to the public on and after the 75th anniversary of the

date of birth as shown on the record filed with the bureau of

vital statistics or local registration official;

(2) a death record is public information and

available to the public on and after the 25th anniversary of the

date of death as shown on the record filed with the bureau of

vital statistics or local registration official;

(3) a general birth index or a general death index

established or maintained by the bureau of vital statistics or a

137

local registration official is public information and available

to the public to the extent the index relates to a birth record

or death record that is public information and available to the

public under Subdivision (1) or (2);

(4) a summary birth index or a summary death index

prepared or maintained by the bureau of vital statistics or a

local registration official is public information and available

to the public; and

(5) a birth or death record is available to the chief

executive officer of a home-rule municipality or the officer's

designee if:

(A) the record is used only to identify a

property owner or other person to whom the municipality is

required to give notice when enforcing a state statute or an

ordinance;

(B) the municipality has exercised due diligence

in the manner described by Section 54.035(e), Local Government

Code, to identify the person; and

(C) the officer or designee signs a

confidentiality agreement that requires that:

(i) the information not be disclosed

outside the office of the officer or designee, or within the

office for a purpose other than the purpose described by

Paragraph (A);

(ii) the information be labeled as

confidential;

(iii) the information be kept securely;

and

(iv) the number of copies made of the

information or the notes taken from the information that

implicate the confidential nature of the information be

controlled, with all copies or notes that are not destroyed or

returned remaining confidential and subject to the

confidentiality agreement.

138

(b) Notwithstanding Subsection (a), a general birth index

or a summary birth index is not public information and is not

available to the public if:

(1) the fact of an adoption or paternity

determination can be revealed by the index; or

(2) the index contains specific identifying

information relating to the parents of a child who is the

subject of

(c)

an adoption placement.

Subsection (a) (1) does not apply to the microfilming

agreement entered into by the Genealogical Society of Utah, a

nonprofit corporation organized under the laws of the State of

Utah, and the Archives and Information Services Division of the

Texas State Library and Archives Commission.

(d) For the purposes of fulfilling the terms of the

agreement in Subsection (c), the Genealogical Society of Utah

shall have access to birth records on and after the 50th

anniversary of the date of birth as shown on the record filed

with the bureau of vital statistics or local registration

official, but such birth records shall not be made available to

the public until the 75th anniversary of the date of birth as

shown on the record.



Aug. 30, 1999; Acts 2001, 77th Leg., ch. 413, Sec. 1, eff.


Sept. 1, 2003.

Sec. 552.116. EXCEPTION: AUDIT WORKING PAPERS. (a) An

audit working paper of an audit of the state auditor or the

auditor of a state agency, an institution of higher education as

defined by Section 61.003, Education Code, a county, a

municipality, a school district, or a joint board operating

under Section 22.074, Transportation Code, including any audit

relating to the criminal history background check of a public

school employee, is excepted from the requirements of Section

139

552.021. If information in an audit working paper is also

maintained in another record, that other record is not excepted

from the requirements of Section 552.021 by this section.

(b) In this section:

(1) "Audit" means an audit authorized or required by

a statute of this state or the United States, the charter or an

ordinance of a municipality, an order of the commissioners court

of a county, a resolution or other action of a board of trustees

of a school district, including an audit by the district

relating to the criminal history background check of a public

school employee, or a resolution or other action of a joint

board described by Subsection (a) and includes an investigation.

(2) "Audit working paper" includes all information,

documentary or otherwise, prepared or maintained in conducting

an audit or preparing an audit report, including:

(A) intra-agency and interagency communications;

and

(B) drafts of the audit report or portions of

those drafts.




Sept. 1, 1999; Acts 2003, 78th Leg., ch. 379, Sec. 1, eff. June

18, 2003.

Amended by:

Acts 2005, 79th Leg. , Ch. 202, Sec. 1, eft. May 27, 2005.

Acts 2005, 79th Leg. , Ch. 202, Sec. 2, eff. May 27, 2005.

Acts 2007, 80th Leg. , R.S. , Ch. 1372, Sec. 24, eff. June

15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 25, eff. June

15, 2007.

Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, TELEPHONE

NUMBERS, SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY


140

of Section 552.021 if it is information that relates to the

home address, home telephone number, or social security number

of the following person or that reveals whether the person has

family members:

(1) a current or former official or employee of a

governmental body, except as otherwise provided by Section

552.024;

(2) a peace officer as defined by Article 2.12, Code

of Criminal Procedure, or a security officer commissioned

under Section 51.212, Education Code, regardless of whether the

officer complies with Section 552.024 or 552.1175, as

applicable;

(3) a current or former employee of the Texas

Department of Criminal Justice or of the predecessor in function

of the department or any division of the department, regardless

of whether the current or former employee complies with Section

552.1175;

(4) a peace officer as defined by Article 2.12, Code

of Criminal Procedure, or other law, a reserve law enforcement

officer, a commissioned deputy game warden, or a corrections

officer in a municipal, county, or state penal institution in

this state who was killed in the line of duty, regardless of

whether the deceased complied with Section 552.024

or 552.1175;

(5) a commissioned security officer as defined

by Section 1702.002, Occupations Code, regardless of whether

the officer complies with Section 552.024 or 552.1175, as

applicable; or

(6) an officer or employee of a community supervision

and corrections department established under Chapter 76 who

performs a duty described by Section 76.004(b), regardless of

whether the officer or employee complies with Section 552.024 or

552.1175.

(b) All documents filed with a county clerk and all

documents filed with a district clerk are exempt from this

section.

1 4 1



Sept. 1, 1995; Acts 1997, 75th Leg., ch. 512, Sec. 1, eff. May

31, 1997; Acts 1999, 76th Leg., ch. 1318, Sec. 1, eff. June 18,


2001; Acts 2003, 78th Leg., ch. 947, Sec. 1, eff. June 20,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 621, Sec. 1, eff. September

1, 2007.

Sec. 552.1175. CONFIDENTIALITY OF ADDRESSES, TELEPHONE

NUMBERS, SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY

INFORMATION OF PEACE OFFICERS, COUNTY JAILERS, SECURITY

OFFICERS, AND EMPLOYEES OF THE TEXAS DEPARTMENT OF CRIMINAL

JUSTICE OR A PROSECUTOR'S OFFICE. (a) This section applies

only to:

(1) peace officers as defined by Article 2.12, Code

of Criminal Procedure;

(2) county jailers as defined by Section 1701.001,

Occupations Code;

(3) current or former employees of the Texas

Department of Criminal Justice or of the predecessor in function

of the department or any division of the department;

(4) commissioned security officers as defined by

Section 1702.002, occupations Code;

(5) employees of a district attorney, criminal

district attorney, or county or municipal attorney whose

jurisdiction includes any criminal law or child protective

services matters;

(6) officers and employees of a community supervision

and corrections department established under Chapter 76 who

perform a duty described by Section 76.004(b);

(7) criminal investigators of the United States as

described by Article 2.122(a), Code of Criminal Procedure; and

142

(8) police officers and inspectors of the United

States Federal Protective Service.

(b) Information that relates to the home address, home

telephone number, or social security number of an individual to

whom this section applies, or that reveals whether the

individual has family members is confidential and may not be

disclosed to the public under this chapter if the individual to

whom the information relates:

(1) chooses to restrict public access to the

information; and

(2) notifies the governmental body of the

individual's choice on a form provided by the governmental body,

accompanied by evidence of the individual's status.

(c) A choice made under Subsection (b) remains valid until

rescinded in writing by the individual.

(d) This section does not apply to information in the tax

appraisal records of an appraisal district to which Section

25.025, Tax Code, applies.

(e) All documents filed with a county clerk and all


section.

(f) A governmental body may redact information that must

be withheld under Subsection (b) from any information the

governmental body discloses under Section 552.021 without the

necessity of requesting a decision from the attorney general

under Subchapter G.

(g) If, under Subsection (f), a governmental body redacts

or withholds information without requesting a decision from the

attorney general about whether the information may be redacted

or withheld, the requestor is entitled to seek a decision from

the attorney general about the matter. The attorney general by

rule shall establish procedures and deadlines for receiving

information necessary to decide the matter and briefs from the

requestor, the governmental body, and any other interested

person. The attorney general shall promptly render a decision

requested under this subsection, determining whether the

143

redacted or withheld information was excepted from required

disclosure to the requestor, not later than the 45th business

day after the date the attorney general received the request for

a decision under this subsection. The attorney general shall

issue a written decision on the matter and provide a copy of the

decision to the requestor, the governmental body, and any

interested person who submitted necessary information or a brief

to the attorney general about the matter. The requestor or the

governmental body may appeal a decision of the attorney general

under this subsection to a Travis County district court.

(h) A governmental body that redacts or withholds

information under Subsection (f) shall provide the following


attorney general:


information;





disclosure.



June 20, 2003.

Amended by:

Acts 2005, 79th Leg. , Ch. 715, Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg. , Ch. 715, Sec. 2, eff. June 17, 2005.

Acts 2007, 80th Leg. , R.S. , Ch. 621, Sec. 2, eff. September

1, 2007.


2009.

Acts 2009, 81st Leg., R.S., Ch. 732, Sec. 2, eff. September

1,2009.

144

Sec. 552.1176. CONFIDENTIALITY OF CERTAIN INFORMATION

MAINTAINED BY STATE BAR. (a) Information that relates to the

home address, home telephone number, electronic mail address,

social security number, or date of birth of a person licensed to

practice law in this state that is maintained under Chapter 81

is confidential and may not be disclosed to the public under

this chapter if the person to whom the information relates:

(1) chooses to restrict public access to the

information; and

(2) notifies the State Bar of Texas of the person's

choice, in writing or electronically, on a form provided by the

state bar.

(b) A choice made under Subsection (a) remains valid until

rescinded in writing or electronically by the person.

(c) All documents filed with a county clerk and all


section.

Added by Acts 2007, 80th Leg., R.S., Ch. 95, Sec. 1, eff.

September 1, 2007.

Sec. 552.118. EXCEPTION: OFFICIAL PRESCRIPTION FORM.


if it is:

(1) information on or derived from an official

prescription form filed with the director of the Department of

Public Safety under Section 481.075, Health and Safety Code; or

(2) other information collected under Section 481.075

of that code.



Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 30, eff.

Sept. 1, 2001.

145

Sec. 552.119. EXCEPTION: PHOTOGRAPH OF PEACE OFFICER.

(a) A photograph that depicts a peace officer as defined by

Article 2.12, Code of Criminal Procedure, the release of which

would endanger the life or physical safety of the officer, is

excepted from the requirements of Section 552.021 unless:

(1) the officer is under indictment or charged with

an offense by information;

(2) the officer is a party in a civil service hearing

or a case in arbitration; or

(3) the photograph is introduced as evidence in a

judicial proceeding.

(b) A photograph excepted from disclosure under Subsection

(a) may be made public only if the peace officer gives written

consent to the disclosure.


1993.

Amended by:

Acts 2005, 79th Leg., Ch. 8, Sec. 1, eff. May 3, 2005.

Sec. 552.120. EXCEPTION: CERTAIN RARE BOOKS AND ORIGINAL

MANUSCRIPTS. A rare book or original manuscript that was not

created or maintained in the conduct of official business of a

governmental body and that is held by a private or public

archival and manuscript repository for the purpose of historical

research is excepted from the requirements of Section 552.021.


1993.

Sec. 552.121. EXCEPTION: CERTAIN DOCUMENTS HELD FOR

HISTORICAL RESEARCH. An oral history interview, personal paper,

unpublished letter, or organizational record of a

nongovernmental entity that was not created or maintained in the

conduct of official business of a governmental body and that is

held by a private or public archival and manuscript repository

146

for the purpose of historical research is excepted from the

requirements of Section 552.021 to the extent that the archival

and manuscript repository and the donor of the interview, paper,

letter, or record agree to limit disclosure of the item.


1993.

Sec. 552.122. EXCEPTION: TEST ITEMS. (a) A test item

developed by an educational institution that is funded wholly or

in part by state revenue is excepted from the requirements of

Section 552.021.

(b) A test item developed by a licensing agency or

governmental body is excepted from the requirements of Section

552.021.


1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.05(a),

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1035, Sec. 10,

eff. Sept. 1, 1995.

Sec. 552.123. EXCEPTION: NAME OF APPLICANT FOR CHIEF

EXECUTIVE OFFICER OF INSTITUTION OF HIGHER EDUCATION. The name

of an applicant for the position of chief executive officer of

an institution of higher education is excepted from the

requirements of Section 552.021, except that the governing body

of the institution must give public notice of the name or names

of the finalists being considered for the position at least 21

days before the date of the meeting at which final action or

vote is to be taken on the employment of the person.


1993.

Sec. 552.1235. EXCEPTION:

INSTITUTION OF HIGHER EDUCATION.

IDENTITY OF PRIVATE DONOR TO

(a) The name or other

147

information that would tend to disclose the identity of a

person, other than a governmental body, who makes a gift, grant,

or donation of money or property to an institution of higher

education or to another person with the intent that the money or

property be transferred to an institution of higher education is


(b) Subsection (a) does not except from required

disclosure other information relating to gifts, grants, and

donations described by Subsection (a), including the amount or

value of an individual gift, grant, or donation.

(c) In this section, "institution of higher education" has

the meaning assigned by Section 61.003, Education Code.

Added by Acts 2003, 78th Leg., ch. 1266, Sec. 4.07, eff. June

20, 2003.

Sec. 552.124. EXCEPTION: RECORDS OF LIBRARY OR LIBRARY

SYSTEM. (a) A record of a library or library system, supported

in whole or in part by public funds, that identifies or serves

to identify a person who requested, Obtained, or used a library

material or service is excepted from the requirements of Section

552.021 unless the record is disclosed:

(1) because the library or library system determines

that disclosure is reasonably necessary for the operation of the

library or library system and the record is not confidential

under other state or federal law;

(2) under Section 552.023; or

(3) to a law enforcement agency or a prosecutor under

a court order or subpoena obtained after a showing to a district

court that:

(A) disclosure of the record is necessary to

protect the public safety; or

(B) the record is evidence of an offense or

constitutes evidence that a particular person committed an

offense.

148

(b) A record of a library or library system that is

excepted from required disclosure under this section is

confidential.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.03(a), eff. Sept.

1, 1995; Acts 1995, 74th Leg., ch. 1035, Sec. 11, eff. Sept. 1,

1995.

Sec. 552.125. EXCEPTION: CERTAIN AUDITS. Any documents

or information privileged under

and Safety Audit Privilege Act

requirements of Section 552.021.

the Texas Environmental, Health,

are excepted from the

Added by Acts 1995, 74th Leg., ch. 219, Sec. 14, eff. May 23,




Sec. 552.126. EXCEPTION: NAME OF APPLICANT FOR

SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT. The name of an

applicant for the position of superintendent of a public school

district is excepted from the requirements of Section 552.021,

except that the board of trustees must give public notice of the

name or names of the finalists being considered for the position

at least 21 days before the date of the meeting at which a final

action or vote is to be taken on the employment of the person.





Sec. 552.127. EXCEPTION: PERSONAL INFORMATION RELATING TO

PARTICIPANTS IN NEIGHBORHOOD CRIME WATCH ORGANIZATION. (a)


if the information identifies a person as a participant in a

149

neighborhood crime watch organization and relates to the name,

home address, business address, home telephone number, or

business telephone number of the person.

(b) In this section, "neighborhood crime watch

organization" means a group of residents of a neighborhood or

part of a neighborhood that is formed in affiliation or

association with a law enforcement agency in this state to

observe activities within the neighborhood or part of a

neighborhood and to take other actions intended to reduce crime

in that area.


1997.

Sec. 552.128. EXCEPTION: CERTAIN INFORMATION SUBMITTED BY

POTENTIAL VENDOR OR CONTRACTOR. (a) Information submitted by a

potential vendor or contractor to a governmental body in

connection with an application for certification as a

historically underutilized or disadvantaged business under a

local, state, or federal certification program is excepted from

the requirements of Section 552.021, except as provided by this

section.

(b) Notwithstanding Section 552.007 and except as provided

by Subsection (c), the information may be disclosed only:

(1) to a state or local governmental entity in this

state, and the state or local governmental entity may use the

information only:

(A) for purposes related to verifying an

applicant's status as a historically underutilized or

disadvantaged business; or

(B) for the purpose of conducting a study of a

public purchasing program established under state law for

historically underutilized or disadvantaged businesses; or

(2) with the express written permission of the

applicant or the applicant's agent.

150

(c) Information submitted by a vendor or contractor or a

potential vendor or contractor to a governmental body in

connection with a specific proposed contractual relationship, a

specific contract, or an application to be placed on a bidders

list, including information that may also have been submitted in

connection with an application for certification as a

historically underutilized or disadvantaged business, is subject

to required disclosure, excepted from required disclosure, or

confidential in accordance with other law.


1997. Renumbered from Sec. 552.127 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(51), eff. Sept. 1, 1999.

Sec. 552.129. MOTOR VEHICLE INSPECTION INFORMATION. A

record created during a motor vehicle emissions inspection under

Subchapter F, Chapter 548, Transportation Code, that relates to

an individual vehicle or owner of an individual vehicle is




62, Sec. 19.01(52), eff. Sept. 1, 1999.

Sec. 552.130. EXCEPTION: MOTOR VEHICLE RECORDS. (a)


if the information relates to:

(1) a motor vehicle operator's or driver's license or

permit issued by an agency of this state;

(2) a motor vehicle title or registration issued by

an agency of this state; or

(3) a personal identification document issued by an

agency of this state or a local agency authorized to issue an

identification document.

151

(b) Information described by Subsection (a) may be

released only if, and in the manner, authorized by Chapter 730,

Transportation Code.


1997.

Sec. 552.131. EXCEPTION: ECONOMIC DEVELOPMENT


of Section 552.021 if the information relates to economic

development negotiations involving a governmental body and a

business prospect that the governmental body seeks to have

locate, stay, or expand in or near the territory of the

governmental body and the information relates to:

(1) a trade secret of the business prospect; or

(2) commercial or financial information for which it

is demonstrated based on specific factual evidence that

disclosure would cause substantial competitive harm to the

person from whom the information was obtained.

(b) Unless and until an agreement is made with the

business prospect, information about a financial or other

incentive being offered to the business prospect by the

governmental body or by another person is excepted from the

requirements of Section 552.021.

(c) After an agreement is made with the business prospect,

this section does not except from the requirements of Section

552.021 information about a financial or other incentive being

offered to the business prospect:

(1) by the governmental body; or

(2) by another person, if the financial or other

incentive may directly or indirectly result in the expenditure

of public funds by a governmental body or a reduction in revenue

received by a governmental body from any source.


1999.

152

Sec. 552.132. CONFIDENTIALITY OF CRIME VICTIM OR CLAIMANT

INFORMATION. (a) Except as provided by Subsection (d), in this

section, "crime victim or claimant" means a victim or claimant

under Subchapter B, Chapter 56, Code of Criminal Procedure, who

has filed an application for compensation under that subchapter.

(b) The following information held by the crime victim's

compensation division of the attorney general's office is

confidential:

(1) the name, social security number, address, or

telephone number of a crime victim or claimant; or

(2) any other information the disclosure of which

would identify or tend to identify the crime victim or claimant.

(c) If the crime victim or claimant is awarded

compensation under Section 56.34, Code of Criminal Procedure, as

of the date of the award of compensation, the name of the crime

victim or claimant and the amount of compensation awarded to

that crime victim or claimant are public information and are not


(d) An employee of a governmental body who is also a

victim under Subchapter B, Chapter 56, Code of Criminal

Procedure, regardless of whether the employee has filed an

application for compensation under that subchapter, may elect

whether to allow public access to information held by the

attorney general's office or other governmental body that would

identify or tend to identify the victim, including a photograph

or other visual representation of the victim. An election under

this subsection must be made in writing on a form developed by

the governmental body, be signed by the employee, and be filed

with the governmental body before the third anniversary of the

latest to occur of one of the following:

(1) the date the crime was committed;

(2) the date employment begins; or

(3) the date the governmental body develops the form

and provides it to employees.

153

(e) If the employee fails to make an election under

Subsection (d), the identifying information is excepted from

disclosure until the third anniversary of the date the crime was

committed. In case of disability, impairment, or other

incapacity of the employee, the election may be made by the

guardian of the employee or former employee.



June 20, 2003.

Amended by:


1, 2007.

Sec. 552.1325. CRIME VICTIM IMPACT STATEMENT: CERTAIN

INFORMATION CONFIDENTIAL. (a) In this section:

(1) "Crime victim" means a person who is a victim as

defined by Article 56.32, Code of Criminal Procedure.

(2) "Victim impact statement" means a victim impact

statement under Article 56.03, Code of Criminal Procedure.

(b) The following information that is held by a

governmental body or filed with a court and that is contained in

a victim impact statement or was submitted for purposes of

preparing a victim impact statement is confidential:

(1) the name, social security number, address, and

telephone number of a crime victim; and

(2) any other information the disclosure of which

would identify or tend to identify the crime victim.


2003.

Sec. 552.133. EXCEPTION, PUBLIC POWER UTILITY COMPETITIVE

MATTERS. (a) In this section:

154

(1) "Public power utility" means an entity providing

electric or gas utility services that is subject to the

provisions of this chapter.

(2) "Public power utility governing

board of trustees or other applicable governing

a city council, of a public power utility.

body"

body,

means the

including

(3) "Competitive matter" means a utility-related

matter that the public power utility governing body in good

faith determines by a vote under this section is related to the

public power utility's competitive activity, including

commercial information, and would, if disclosed, give advantage

to competitors or prospective competitors but may not be deemed

to include the following categories of information:

(A) information relating to the provision of

distribution access service, including the terms and conditions

of the service and the rates charged for the service but not

including information concerning utility-related services or

products that are competitive;

(B) information relating to the provision of

transmission service that is required to be filed with the

Public Utility Commission of Texas, subject to any

confidentiality provided for under the rules of the commission;

(C) information for the distribution system

pertaining to reliability and continuity of service, to the

extent not security-sensitive, that relates to emergency

management, identification of critical loads such as hospitals

and police, records of interruption, and distribution feeder

standards;

(D) any substantive rule of general

applicability regarding service offerings, service regulation,

customer protections, or customer service adopted by the public

power utility as authorized by law;

(E) aggregate information reflecting receipts or

expenditures of funds of the public power utility, of the type

that would be included in audited financial statements;

155

(F) information relating to equal employment

opportunities for minority groups, as filed with local, state,

or federal agencies;

(G) information relating to the public power

utility's performance in contracting with minority business

entities;

(H) information relating to nuclear

decommissioning trust agreements, of the type required to be

included in audited financial statements;

(I) information relating to the amount and

timing of any transfer to an owning city's general fund;

(J) information relating to environmental

compliance as required to be filed with any local, state, or

national environmental authority, subject to any confidentiality

provided under the rules of those authorities;

(K) names of public officers of the public power

utility and the voting records of those officers for all matters

other than those within the scope of a competitive resolution

provided for by this section;

(L) a description of the public power utility's

central and field organization, including the established places

at which the public may obtain information, submit information

and requests, or obtain decisions and the identification of

employees from whom the public may obtain information, submit

information or requests, or obtain decisions; or

(M) information identifying the general course

and method by which the public power utility's functions are

channeled and determined, including the nature and requirements

of all formal and informal policies and procedures.

(b) Information or records are excepted from the

requirements of Section 552.021 if the information or records

are reasonably related to a competitive matter, as defined in

this section. Excepted information or records include the text

of any resolution of the public power utility governing body

determining which issues, activities, or matters constitute

competitive matters. Information or records of a municipally

156

owned utility that are reasonably related to a competitive

matter are not subject to disclosure under this chapter, whether

or not, under the Utilities Code, the municipally owned utility

has adopted customer choice or serves in a multiply certificated

service area. This section does not limit the right of a public

power utility governing body to withhold from disclosure

information deemed to be within the scope of any other exception

provided for in this chapter, subject to the provisions of this

chapter.

(c) In connection with any request for an opinion of the

attorney general under Section 552.301 with respect to

information alleged to fall under this exception, in rendering a

written opinion under Section 552.306 the attorney general shall

find the requested information to be outside the scope of this

exception only if the attorney general determines, based on the

information provided in connection with the request:

(1) that the public power utility governing body has

failed to act in good faith in making the determination that the

issue, matter, or activity in question is a competitive matter;

or

(2)· that the information or records sought to be

withheld are not reasonably related to a competitive matter.

(d) The requirement of Section 552.022 that a category of

information listed under Section 552.022(a) is public

information and not excepted from required disclosure under this

chapter unless expressly confidential under law does not apply

to information that is excepted from required disclosure under

this section.



eff. June 15, 2001. Renumbered from Sec. 552.131 by Acts 2001,

77th Leg., ch. 1420, Sec. 21.001(52), eff. Sept. 1, 2001.

Sec. 552.134. EXCEPTION: CERTAIN INFORMATION RELATING TO

INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. (a) Except as

157

provided by Subsection (b) or by Section 552.029, information

obtained or maintained by the Texas Department of Criminal

Justice is excepted from the requirements of Section 552.021 if

it is information about an inmate who is confined in a facility

operated by or under a contract with the department.

(b) Subsection (a) does not apply to:

(1) statistical or other aggregated information

relating to inmates confined in one or more facilities operated

by or under a contract with the department; or

(2) information about an inmate sentenced to death.

(c) This section does not affect whether information is

considered confidential or privileged under Section 508.313.

(d) A release of information described by Subsection (a)

to an eligible entity, as defined by Section 508.313(d), for a

purpose related to law enforcement, prosecution, corrections,

clemency, or treatment is not considered a release of

information to the public for purposes of Section 552.007 and

does not waive the right to assert in the future that the

information is excepted from required disclosure under this

section or other law.



1420, Sec. 21.001(53), eff. Sept. 1, 2001.

Sec. 552.135. EXCEPTION: CERTAIN INFORMATION HELD BY

SCHOOL DISTRICT. (a) "Informer" means a student or a former

student or an employee or former employee of a school district

who has furnished a report of another person's possible

violation of criminal, civil, or regulatory law to the school

district or the proper regulatory enforcement authority.

(b) An informer's name or information that would

substantially reveal the identity of an informer is excepted

from the requirements of Section 552.021.

(c) Subsection (b) does not apply:

158

(1) if the informer is a student or former student,

and the student or former student, or the legal guardian, or

spouse of the student or former student consents to disclosure

of the student's or former student's name; or

(2) if the informer is an employee or former employee

who consents to disclosure of the employee's or former

employee's name; or

(3) if the informer planned, initiated, or

participated in the possible violation.

(d) Information excepted under Subsection (b) may be made

available to a law enforcement agency or prosecutor for official

purposes of the agency or prosecutor upon proper request made in

compliance with applicable law and procedure.

(e) This section does not infringe on or

confidentiality of information considered to be

impair the

confidential by

law, whether it be constitutional, statutory, or by judicial

decision, including information excepted from the requirements

of Section 552.021.



1420, Sec. 21.001(54), eff. Sept. 1, 2001.

Sec. 552.136. CONFIDENTIALITY OF CREDIT CARD, DEBIT CARD,

CHARGE CARD, AND ACCESS DEVICE NUMBERS. (a) In this section,

"access device" means a card, plate, code, account number,

personal identification number, electronic serial number, mobile

identification number, or other telecommunications service,

equipment,

that alone

used to:

of value;

or

or

(1)

or

instrument identifier or means of account access

in conjunction with another access device may be

obtain money, goods, services, or another thing

(2) initiate a transfer of funds other than a

transfer originated solely by paper instrument.

159

(b) Notwithstanding any other provision of this chapter, a

credit card, debit card, charge card, or access device number

that is collected, assembled, or maintained by or for a

governmental body is confidential.


2001.

Sec. 552.137. CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES.

(a) Except as otherwise provided by this section, an e-mail

address of a member of the public that is provided for the

purpose of communicating electronically with a governmental body

is confidential and not subject to disclosure under this

chapter.

(b) Confidential information described by this section

that relates to a member of the public may be disclosed if the

member of the public affirmatively consents to its release.

(c) Subsection (a) does not apply to an e-mail address:

(1) provided to a governmental body by a person who

has a contractual relationship with the governmental body or by

the contractor's agent;

(2) provided to a governmental body by a vendor who

seeks to contract with the governmental body or by the vendor's

agent;

(3) contained in a response to a request for bids or

proposals, contained in a response to similar invitations

soliciting offers or information relating to a potential

contract, or provided to a governmental body in the course of

negotiating the terms of a cont·ract or potential contract;

(4) provided to a governmental body on a letterhead,

coversheet, printed document, or other document made available

to the public; or

(5) provided to a governmental body for the purpose

of providing public comment on or receiving notices related to

an application for a license as defined by Section 2001.003(2)

160

of this code, or receiving orders or decisions from a

governmental body.

(d) Subsection (a) does not prevent a governmental body

from disclosing an e-mail address for any reason to another

governmental body or to a federal agency.



Sept. 1, 2003.

Amended by:


1, 2009.

Sec. 552.138. EXCEPTION: FAMILY VIOLENCE SHELTER CENTER

AND SEXUAL ASSAULT PROGRAM INFORMATION. (a) In this section:

(1) "Family violence shelter center" has the meaning

assigned by Section 51.002, Human Resources Code.

(2) "Sexual assault program" has the meaning assigned

by Section 420.003.

(b) Information maintained by a family violence shelter

center or sexual assault program is excepted from the

requirements of Section 552.021 if it is information that

relates to:

(1) the home address, home telephone number, or

social security number of an employee or a volunteer worker of a

family violence shelter center or a sexual assault program,

regardless of whether the employee or worker complies with

Section 552.024;

(2) the location or physical layout of a family

violence shelter center;

(3) the name, home address, home telephone number, or

numeric identifier of a current or former client of a family

violence shelter center or sexual assault program;

(4) the provision of services, including counseling

and sheltering, to a current or former client of a family

violence shelter center or sexual assault program;

161

(5) the name, home address, or home telephone number

of a private donor to a family violence shelter center or sexual

assault program; or

(6) the home address or home telephone number of a

member of the board of directors or the board of trustees of a

family violence shelter center or sexual assault program,

regardless of whether the board member complies with Section

552.024.

(c) A governmental body may redact information maintained

by a family violence shelter center or sexual assault program

that may be withheld under Subsection (b) (1) or (6) from any

information the governmental body discloses under Section

552.021 without the necessity of requesting a decision from the

attorney general under Subchapter G.

(d) If, under Subsection (c), a governmental body redacts

or withholds information without requesting a decision from the

attorney general about whether the information may be redacted

or withheld, the requestor is entitled to seek a decision from

the attorney general about the matter. The attorney general by

rule shall establish procedures and deadlines for receiving

information necessary to decide the matter and briefs from the

requestor, the governmental body, and any other interested

person. The attorney general shall promptly render a decision

requested under this subsection, determining whether the

redacted or withheld information was excepted from required

disclosure to the requestor, not later than the 45th business

day after the date the attorney general received the request for

a decision under this subsection. The attorney general shall

issue a written decision on the matter and provide a copy of the

decision to the requestor, the governmental body, and any

interested person who submitted necessary information or a brief

to the attorney general about the matter. The requestor or the

governmental body may appeal a decision of the attorney general

under this subsection to a Travis county district court.

(e) A governmental body that redacts or withholds

information under Subsection (c) shall provide the following

162


attorney general:


information;





disclosure.



2003, 78th Leg., ch. 1275, Sec. 2(75), eff. Sept. 1, 2003.

Amended by:


2009.

Sec. 552.139. EXCEPTION: GOVERNMENT INFORMATION RELATED

TO SECURITY OR INFRASTRUCTURE ISSUES FOR COMPUTERS. (a)


if it is information that relates to computer network security,

to restricted information under Section 2059.055, or to the

design, operation, or defense of a computer network.

(b) The following information is confidential:

(1) a computer network vulnerability report; and

(2) any other assessment of the extent to which data

processing operations, a computer, a computer program, network,

system, or system interface, or software of a governmental body

or of a contractor of a governmental body is vulnerable to

unauthorized access or harm, including an assessment of the

extent to which the governmental body's or contractor's

electronically stored information containing sensitive or

critical information is vulnerable to alteration, damage,

erasure, or inappropriate use.

(c) Notwithstanding the confidential nature of the

information described in this section, the information may be

163

disclosed to a bidder if the governmental body determines that

providing the information is necessary for the bidder to provide

an accurate bid. A disclosure under this subsection is not a

voluntary disclosure for purposes of Section 552.007.

Added by Acts 2001, 77th Leg., ch. 1272, Sec. 4.03, eff. June

15, 2001. Renumbered from Government Code Sec. 552.136 by Acts

2003, 78th Leg., ch. 1275, Sec. 2(76), eff. Sept. 1, 2003.

Amended by:


1, 2009.

Sec. 552.140. MILITARY DISCHARGE RECORDS. (a) This

section applies only to a military veteran's Department of

Defense Form DD-214 or other military discharge record that is

first recorded with or that otherwise first comes into the

possession of a governmental body on or after September 1, 2003.

(b) The record is confidential for the 75 years following

the date it is recorded with or otherwise first comes into the

possession of a governmental body. During that period the

governmental body may permit inspection or copying of the record

or disclose information contained in the record only in

accordance with this section or in accordance with a court

order.

(c) On request and the presentation of proper

identification, the following persons may inspect the military

discharge record or obtain from the governmental body free of

charge a copy or certified copy of the record:

(1) the veteran who is the subject of the record;

(2) the legal guardian of the veteran;

(3) the spouse or a child or parent of the veteran

or, if there is no living spouse, child, or parent, the nearest

living relative of the veteran;

(4) the personal representative of the estate of the

veteran,.

164

(5) the person named by the veteran, or by a person

described by Subdivision (2), (3), or (4), in an appropriate

power of attorney executed in accordance with Section 490,

Chapter XII, Texas Probate Code;

(6) another governmental body; or

(7) an authorized representative of the funeral home

that assists with the burial of the veteran.

(d) A court that orders the release of information under

this section shall limit the further disclosure of the

information and the purposes for which the information may be

used.

(e) A governmental body that obtains information from the

record shall limit the governmental body's use and disclosure of

the information to the purpose for which the information was

obtained.


2003.

Amended by:


Sec. 552.141. CONFIDENTIALITY OF INFORMATION IN

APPLICATION FOR MARRIAGE LICENSE.

(a) Information that relates to the social security number

of an individual that is maintained by a county clerk and that

is on an application for a marriage license, including

information in an application on behalf of an absent applicant

and the affidavit of an absent applicant, or is on a document

submitted with an application for a marriage license is

confidential and may not be disclosed by the county clerk to the

public under this chapter.

(b) If the county clerk receives a request to make

information in a marriage license application available under

this chapter, the county clerk shall redact the portion of the

application that contains an individual's social security number

and release the remainder of the information in the application.

165


2003.

Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED

ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY.

(a) Information is excepted from the requirements of Section

552.021 if an order of nondisclosure with respect to the

information has been issued under Section 411.081(d) or (f-l).

(b) A person who is the subject of information that is

excepted from the requirements of Section 552.021 under this

section may deny the occurrence of the arrest and prosecution to

which the information relates and the exception of the

information under this section, unless the information is being

used against the person in a subsequent criminal proceeding.


2003.

Amended by:


2009.


2009.

Sec. 552.1425. CIVIL PENALTY: DISSEMINATION OF CERTAIN

CRIMINAL HISTORY INFORMATION. (a) A private entity that

compiles and disseminates for compensation criminal history

record information may not compile or disseminate information

with respect to which the entity has received notice that:

(1) an order of expunction has been issued under

Article 55.02, Code of Criminal Procedure; or

(2) an order of nondisclosure has been issued under

Section 411.081(d) or (f-l).

(b) A district court may issue a warning to a private

entity for a first violation of Subsection (a). After receiving

a warning for the first violation, the private entity is liable

166

to the state for a civil penalty not to exceed $1,000 for each

subsequent violation.

(c) The attorney general or an appropriate prosecuting

attorney may sue to collect a civil penalty under this section.

(d) A civil penalty collected under this section shall be

deposited in the state treasury to the credit of the general

revenue fund.


2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1017, Sec. 9, eff.

September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1017, Sec. 10, eff.

September 1, 2007.


2009.

Sec. 552.143. CONFIDENTIALITY OF CERTAIN INVESTMENT

INFORMATION. (a) All information prepared or provided by a

private investment fund and held by a governmental body that is

not listed in Section 552.0225(b) is confidential and excepted

from the requirements of Section 552.021.

(b) Unless the information has been publicly released,

pre-investment and post-investment diligence information,

including reviews and analyses, prepared or maintained by a

governmental body or a private investment fund is confidential

and excepted from the requirements of Section 552.021, except to

the extent it is subject to disclosure under Subsection (c).

(c) All information regarding a governmental body's direct

purchase, holding, or disposal of restricted securities that is

not listed in Section 552.0225 (b) (2) (9), (11), or (13) - (16) is

confidential and excepted from the requirements of Section

552.021. This subsection does not apply to a governmental

body's purchase, holding, or disposal of restricted securities

for the purpose of reinvestment nor does it apply to a private

167

investment fund's investment in restricted securities. This

subsection applies to information regarding a direct purchase,

holding, or disposal of restricted securities by the Texas

growth fund, created under Section 70, Article XVI, Texas

Constitution, that is not listed in Section 552.0225(b)

(d) For the purposes of this chapter:

(1) "Private investment fund" means an entity, other

than a governmental body, that issues restricted securities to a

governmental body to evidence the investment of public funds for

the purpose of reinvestment.

(2) "Reinvestment" means investment in a person that

makes or will make other investments.

(3) "Restricted securities" has the meaning assigned

by 17 C.F.R. Section 230.144(a}(3).

(e) This section shall not be construed as affecting the

authority of the comptroller under Section 403.030.

(f) This section does not apply to the Texas Mutual

Insurance company or a successor to the company.

Added by.Acts 2005, 79th Leg., Ch. 1338, Sec. 2, eff. June 18,

2005.

Sec. 552.144. EXCEPTION: WORKING PAPERS AND ELECTRONIC

COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AT STATE OFFICE OF

ADMINISTRATIVE HEARINGS. The following working papers and

electronic communications of an administrative law judge at the

State Office of Administrative Hearings are excepted from the

requirements of Section 552.021:

(1) notes and electronic communications recording the

observations, thoughts, questions, deliberations, or impressions

of an administrative law judge;

(2) drafts of a proposal for decision;

(3) drafts of orders made in connection with

conducting contested case hearings; and

(4) drafts of orders made in connection with

conducting alternative dispute resolution procedures.

168


Renumbered from Government Code, Section 552.141 by Acts 2005,

79th Leg., Ch. 728, Sec. 23.001(35), eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 350, Sec. 1, eff. June 15,

2007.

Sec. 552.145. EXCEPTION: TEXAS NO-CALL LIST. The Texas

no-call list created under Subchapter B, Chapter 304, Business &

Commerce Code, and any information provided to or received from

the administrator of the national do-not-call registry

maintained by the United States government, as provided by

Sections 304.051 and 304.056, Business & Commerce Code, are


Added by Acts 2003, 78th Leg., ch. 401, .Sec. 2, eff. June 20,

2003.

Amended by:


Acts 2007, 80th Leg., R,S' J Ch. 885_, Sec. 2.20, eff. April

1, 2009.


80th Leg., R.S., Ch. 921, Sec. 17.001(39), eff. september 1,

2007.

Sec. 552.146. EXCEPTION: CERTAIN COMMUNICATIONS WITH

ASSISTANT OR EMPLOYEE OF LEGISLATIVE BUDGET BOARD. (a) All

written or otherwise recorded communications, including

conversations, correspondence, and electronic communications,

between a member of the legislature or the lieutenant governor

and an assistant or employee of the Legislative Budget Board are


(b) Memoranda of a communication between a member of the

legislature or the lieutenant governor and an assistant or

employee of the Legislative Budget Board are excepted from the

169

requirements of section 552.021 without regard to the method

used to store or maintain the memoranda.

(c) This section does not except from required disclosure

a record or memoranda of a communication that occurs in public

during an open meeting or public hearing conducted by the

Legislative Budget Board.


2005.

Sec. 552.147. SOCIAL SECURITY NUMBERS. (a) The social

security number of a living person is excepted from the

requirements of Section 552.021, but is not confidential under

this section and this section does not make the social security

number of a living person confidential under another provision

of this chapter or other law.

(b) A governmental body may redact the social security

number of a living person from any information the governmental

body discloses under Section 552.021 without the necessity of

requesting a decision from the attorney general under Subchapter

G.

(c) Notwithstanding any other law, a county or district

clerk may disclose in the ordinary course of business a social

security number that is contained in information held by the

clerk's office, and that disclosure is not official misconduct

and does not subject the clerk to civil or criminal liability of

any kind under the law of this state, including any claim for

damages in a lawsuit or the criminal penalty imposed by Section

552.352.

(d) Unless another law requires a social security number

to be maintained in a government document, on written request

from an individual or the individual's representative the clerk

shall redact within a reasonable amount of time all but the last

four digits of the individual's social security number from

information maintained in the clerk's official public records,

including electronically stored information maintained by or

170

under the control of the clerk. The individual or the

individual's representative must identify, using a form provided

by the clerk, the specific document or documents from which the

partial social security number shall be redacted.


2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. l, Sec. 1, eff. March 28,

2007.

Sec. 552.148. EXCEPTION: CERTAIN PERSONAL INFORMATION

MAINTAINED BY MUNICIPALITY PERTAINING TO A MINOR. (a) In this

section, "minor" means a person younger than 18 years of age.

(b) The following information maintained by a municipality

for purposes related to the participation by a minor in a

recreational program or activity is excepted from the

requirements of Section 552.021:

(1) the name, age, home address, home telephone

number, or social security number of the minor;

(2) a photograph of the minor; and

(3) the name of the minor's parent or legal guardian.

Added by Acts 2007, 80th Leg., R.S., Ch. 114, Sec. 1, eff. May

17, 2007.

Sec. 552.149. EXCEPTION: RECORDS OF COMPTROLLER OR

APPRAISAL DISTRICT RECEIVED FROM PRIVATE ENTITY. (a)

Information relating to real property sales prices,

descriptions, characteristics, and other related information

received from a private entity by the comptroller or the chief

appraiser of an appraisal district under Chapter 6, Tax Code, is


(b) Notwithstanding Subsection (a), the property owner or

the owner's agent may, on request, obtain from the chief

appraiser of the applicable appraisal district a copy of each

1 7 1

item of information described by Section 41.461(a) (2), Tax Code,

and a copy of each item of information that the chief appraiser

took into consideration but does not plan to introduce at the

hearing on the protest. In addition, the property owner or

agent may, on request, obtain from the chief appraiser

comparable sales data from a reasonable number of sales that is

relevant to any matter to be determined by the appraisal review

board at the hearing on the property owner's

protest. Information obtained under this subsection:

(1) remains confidential in the possession of the

property owner or agent; and

(2 ) may not be disclosed or used for any purpose

except as evidence or argument at the hearing on the protest.

(c) Notwithstanding Subsection (a) or Section 403.304, so

as to assist a property owner or an appraisal district in a

protest filed under Section 403.303, the property owner, the

district, or an agent of the property owner or district may, on

request, obtain from the comptroller any information, including

confidential information, obtained by the comptroller in

connection with the comptroller's finding that is being

protested. Confidential information obtained by a property

owner, an appraisal district, or an agent of the property owner

or district under this subsection:


property owner, district, or agent; and

(2) may not be disclosed to a person who is not

authorized to receive or inspect the information.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

555, Sec. 1

(d) This section applies to information described by

Subsections (a) and (c) and to an item of information or

comparable sales data described by Subsection (b) only if the

information, item of information, or comparable sales data

172

relates to real property that is located in a county having a

population of 20,000 or more.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

1153, Sec. 1

(d) Notwithstanding Subsection (a) or Section 403.304, so

as to assist a school district in the preparation of a protest

filed or to be filed under Section 403.303, the school district

or an agent of the school district may, on request, obtain from

the comptroller or the appraisal district any information,

including confidential information, obtained by the comptroller

or the appraisal district that relates to the appraisal of

property involved in the comptroller's finding that is being

protested. Confidential information obtained by a school

district or an agent of the school district under this

subsection:


school district or agent; and

(2) may not be disclosed to a person who is not

authorized to receive or inspect the information.

(e) This section applies to information described by

Subsections (a), (c), and (d) and to an item of information or

comparable sales data described by Subsection (b) only if the

information, item of information, or comparable sales data

relates to real property that is located in a county having a

population of 20,000 or more.

Added by Acts 2007, 80th Leg., R.S., Ch .. 40.7...l, Sec. 1, eff. June

16, 2007.


81st Leg., R.S., Ch. ~, Sec. 27.001(39), eff. September 1,

2009.

Amended by:

173

Acts 2009, Slst Leg., R.S., Ch. 555, Sec. 1, eff. June 19,

2009.

Acts 2009, Slst Leg., R.S., Ch. 1153, Sec. 1, eff. June 19,

2009.

For expiration of this section, see Subsection (c)

Sec. 552.150. EXCEPTION: INFORMATION THAT COULD

COMPROMISE SAFETY OF OFFICER OR EMPLOYEE OF HOSPITAL DISTRICT.

(a) Information in the custody of a hospital district that

relates to an employee or officer of the hospital district is

excepted from the requirements of Section 552.021 if:

(1) it is information that, if disclosed under the

specific circumstances pertaining to the individual, could

reasonably be expected to compromise the safety of the

individual, such as information that describes or depicts the

likeness of the individual, information stating the times that

the individual arrives at or departs from work, a description of

the individual's automobile, or the location where the

individual works or parks; and

(2) the employee or officer applies in writing to the

hospital district's officer for public information to have the

information withheld from public disclosure under this section

and includes in the application:

(A) a description of the information; and

(B) the specific circumstances pertaining to the

individual that demonstrate why disclosure of the information

could reasonably be expected to compromise the safety of the

individual.

(b) On receiving a written request for information

described in an application submitted under Subsection (a) (2) ,

the officer for public information shall:

(1) request a decision from the attorney general in

accordance with Section 552.301 regarding withholding the

information; and

174

(2) include a copy of the application submitted under

Subsection (a) (2) with the request for the decision.

(c) This section expires September 1, 2013.

Added by Acts 2009, 81st Leg., R.S., Ch. 1377, Sec. 4, eff.

September 1, 2009.

Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 283,

Sec. 4

For text of section as added by Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 5, see other Sec. 552.151.

Sec. 552.151. EXCEPTION: PUBLIC EMPLOYEE OR OFFICER

PERSONAL SAFETY. Information in the custody of a governmental

body that relates to an employee or officer of the governmental

body is excepted from the requirements of Section 552.021 if,

under the specific circumstances pertaining to the employee or

officer, discldsure of the information would subject the

employee or officer to a substantial threat of physica.l harm.

Added by Acts 2009, 81st Leg., R.S., Ch. 283, Sec. 4, eff. June

4, 2009.

Text of section as added by Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 5

For text of section as added by Acts 2009, 81st Leg., R.S., Ch.

283, Sec. 4, see other Sec. 552.151.

Sec. 552.151. EXCEPTION: INFORMATION REGARDING SELECT

AGENTS. (a) The following information that pertains to a

biological agent or toxin identified or listed as a select agent

under federal law, including under the Public Health Security

and Bioterrorism Preparedness and Response Act of 2002 (Pub. L.

No. 107-188) and regulations adopted under that Act, is excepted

from the requirements of Section 552.021:

175

(1) the specific location of a select agent within an

approved facility;

(2) personal identifying information of an individual

whose name appears in documentation relating to the chain of

custody of select agents, including a materials transfer

agreement; and

(3) the identity of an individual authorized to

possess, use, or access a select agent.

(b) This section does not except from disclosure the

identity of the select agents present at a facility.

(c) This section does not except from disclosure the

identity of an individual faculty member or employee whose name

appears or will appear on published research.

(d) This section does not except from disclosure otherwise

public information relating to contracts of a governmental body.

(e) If a resident of another state is present in Texas and

is authorized to possess, use, or access a select agent in

conducting research or other work at a Texas facility,

information relating to the identity of that individual is

subject to disclosure under this chapter only to the extent the

information would be subject to disclosure under the laws of the

state of which the person is a resident.

Added by Acts 2009, 31st Leg., R.S., Ch. 1377, Sec. 5, eff.

September 1, 2009.

SUBCHAPTER D. OFFICER FOR PUBLIC INFORMATION

Sec. 552.201. IDENTITY OF OFFICER FOR PUBLIC INFORMATION.

(a) The chief administrative officer of a governmental body is

the officer for public information, except as provided by

Subsection (b).

(b) Each elected county officer is the officer for public

information and the custodian, as defined by Section 201.003,

Local Government Code, of the information created or received by

that county officer's office.

176



Sept. 1, 1995.

Sec. 552.202. DEPARTMENT HEADS. Each department head is

an agent of the officer for public information for the purposes

of complying with this chapter.



Sept. 1, 1995.

Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC

INFORMATION. Each officer for public information, subject to

penalties provided in this chapter, shall:

(1) make public information available for public

inspection and copying;

(2) carefully protect public information from

deterioration, alteration, mutilation, loss, or unlawful

removal; and

(3) repair, renovate, or rebind public information as

necessary to maintain it properly.



Sept. 1, 1995.

Sec. 552.204. SCOPE OF RESPONSIBILITY OF OFFICER FOR

PUBLIC INFORMATION. An officer for public information is

responsible for the release of public information as required by

this chapter. The officer is not responsible for:

(1) the use made of the information by the requestor;

or

177

(2) the release of information after it is removed

from a record as a result of an update, a correction, or a

change of status of the person to whom the information pertains.


1995.

Sec. 552.205. INFORMING PUBLIC OF BASIC RIGHTS AND

RESPONSIBILITIES UNDER THIS CHAPTER. (a) An officer for public

information shall prominently display a sign in the form

prescribed by the attorney general that contains basic

information about the rights of a requestor, the

responsibilities of a governmental body, and the procedures for

inspecting or obtaining a copy of public information under this

chapter. The officer shall display the sign at one or more

places in the administrative offices of the governmental body

where it is plainly visible to:

(1) members of the public who request public

information in person under this chapter; and

(2) employees of the governmental body whose duties

include receiving or responding to requests under this chapter.

(b) The attorney general by rule shall prescribe the

content of the sign and the size, shape, and other physical

characteristics of the sign. In prescribing the content of the

sign, the attorney general shall include plainly written basic

information about the rights of a requestor, the

responsibilities of a governmental body, and the procedures for

inspecting or obtaining a copy of public information under this

chapter that, in the opinion of the attorney general, is most

useful for requestors to know and for employees of governmental

bodies who receive or respond to requests for public information

to know.


1999.

Amended by:

178


2005.


2005.

SUBCHAPTER E. PROCEDURES RELATED TO ACCESS

Sec. 552.221. APPLICATION FOR PUBLIC INFORMATION;

PRODUCTION OF PUBLIC INFORMATION. (a) An officer for public

information of a governmental body shall promptly produce public

information for inspection, duplication, or both on application

by any person to the officer. In this subsection, "promptly"

means as soon as possible under the circumstances, that is,

within a reasonable time, without delay.

(b) An officer for public information complies with

Subsection (a) by:

(1) providing the public information for inspection

or duplication in the offices of the governmental body; or

(2) sending copies of the public information by first

class United States mail if the person requesting the

information requests that copies be provided and pays the

postage and any other applicable charges that the requestor has

accrued under Subchapter F.

(c) If the requested information is unavailable at the

time of the request to examine because it is in active use or in

storage, the officer for public information shall certify this

fact in writing to the requestor and set a date and hour within

a reasonable time when the information will be available for

inspection or duplication.

(d) If an officer for public information cannot produce

public information for inspection or duplication within 10

business days after the date the information is requested under

Subsection (a), the officer shall certify that fact in writing

to the requestor and set a date and hour within a reasonable

time when the information will be available for inspection or

duplication.

179






20,2003.

Sec. 552.222. PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO

REQUESTOR. (a) The officer for public information and the

officer's agent may not make an inquiry of a requestor except to

establish proper identification or except as provided by

Subsection (b) or (c).

(b) If what information is requested is unclear to the

governmental body, the governmental body may ask the requestor

to clarify the request. If a large amount of information has

been requested, the governmental body may discuss with the

requestor how the scope of a request might be narrowed, but the

governmental body may not inquire into the purpose for which

information will be used.

(c) If the information requested relates to a motor

vehicle record, the officer for public information or the

officer's agent may require the requestor to provide additional

identifying information sufficient for the officer or the

officer's agent to determine whether the requestor is eligible

to receive the information under Chapter 730, Transportation

Code. In this subsection, "motor vehicle record" has the

meaning assigned that term by Section 730.003, Transportation

Code.

(d) If by the 61st day after the date a governmental body

sends a written request for clarification or discussion under

Subsection (b) or an officer for public information or agent

sends a written request for additional information under

Subsection (c) the governmental body, officer for public

information, or agent, as applicable, does not receive a written

response from the requestor, the underlying request for public

180

information is considered to have been withdrawn by the

requestor.

(e) A written request for clarification or discussion

under Subsection (b) or a written request for additional

information under Subsection (c) must include a statement as to

the consequences of the failure by the requestor to timely

respond to the request for clarification, discussion, or

additional information.

(f) If the requestor's request for public information

included the requestor's physical or mailing address, the

request may not be considered to have been withdrawn under

Subsection (d) unless the governmental body, officer for public

information, or agent, as applicable, sends the request for

clarification or discussion under Subsection (b) or the written

request for additional information under Subsection (c) to that

address by certified mail.




Sept. 1, 1997.

Amended by;


1, 2007.

Sec. 552.223. UNIFORM TREATMENT OF REQUESTS FOR

INFORMATION. The officer for public information or the

officer's agent shall treat all requests for information

uniformly without regard to the position or occupation of the

requestor, the person on whose behalf the request is made, or

the status of the individual as a member of the media.



Sept. 1, 1995.

181

Sec. 552.224. COMFORT AND FACILITY. The officer for

public information or the officer's agent shall give to a

requestor all reasonable comfort and facility for the full

exercise of the right granted by this chapter.



Sept. 1, 1995.

Sec. 552.225. TIME FOR EXAMINATION. (a) A requestor must

complete the examination of the information not later than the

10th business day after the date the custodian of the

information makes it available. If the requestor does not

complete the examination of the information within 10 business

days after the date the custodian of the information makes the

information available and does not file a request for additional

time under Subsection (b), the requestor is considered to have

withdrawn the request.

(b) The officer for public information shall extend the

initial examination period by an additional 10 business days if,

within the initial period, the requestor files with the officer

for public information a written request for additional

time. The officer for public information shall extend an

additional examination period by another 10 business days

within the additional period, the requestor files with the

officer for public information a written request for more

additional time.

if,

(c) The time during which a person may examine information

may be interrupted by the officer for public information if the

information is needed for use by the governmental body. The

period of interruption is not considered to be a part of the

time during which the person may examine the information.



Sept. 1, 1995.

182

Amended by:


2005.

Sec. 552.226. REMOVAL OF ORIGINAL RECORD. This chapter

does not authorize a requestor to remove an original copy of a

public record from the office of a governmental body.



Sept. 1, 1995.

Sec. 552.227. RESEARCH OF STATE LIBRARY HOLDINGS NOT

REQUIRED. An officer for public information or the officer's

agent is not required to perform general research within the

reference and research archives and holdings of state libraries.



Sept. 1, 1995.

Sec. 552.228. PROVIDING SUITABLE COPY OF PUBLIC

INFORMATION WITHIN REASONABLE TIME. (a) It shall be a policy

of a governmental body to provide a suitable copy of public

information within a reasonable time after the date on which the

copy is requested.

(b) If public information exists in an electronic or

magnetic medium, the requestor may request a copy in an

electronic medium, such as on diskette or on magnetic tape. A

governmental body shall provide a copy in the requested medium

if:

(1) the governmental body has the technological

ability to produce a copy of the requested information in the

requested medium;

183

(2) the governmental body is not required to purchase

any software or hardware to accommodate the request; and

(3) provision of a copy of the information in the

requested medium will not violate the terms of any copyright

agreement between the governmental body and a third party.

(c) If a governmental body is unable to comply with a

request to produce a copy of information in a requested medium

for any of the reasons described by this section, the

governmental body shall provide a copy in another medium that is

acceptable to the requestor. A governmental body is not

required to copy information onto a diskette or other material

provided by the requestor but may use its own supplies.



Sept. 1, 1995.

Amended by:


1, 2009.

Sec. 552.229. CONSENT TO RELEASE INFORMATION UNDER SPECIAL

RIGHT OF ACCESS. (a) Consent for the release of information

excepted from disclosure to the general public but available to

a specific person under Sections 552.023 and 552.307 must be in

writing and signed by the specific person or the person's

authorized representative.

(b) An individual under 18 years of age may consent to the

release of information under this section only with the

additional written authorization of the individual's parent or

guardian.

(c) An individual who has been adjudicated incompetent to

manage the individual's personal affairs or for whom an attorney

ad litem has been appointed may consent to the release of

information under this section only by the written authorization

of the designated legal guardian or attorney ad litem.

184


1993.

Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION AND

COPYING OF PUBLIC INFORMATION. (a) A governmental body may

promulgate reasonable rules of procedure under which public

information may be inspected and copied efficiently, safely, and

without delay.

(b) A rule promulgated under Subsection (a) may not be

inconsistent with any provision of this chapter.




Sept. 1, 1997.

Sec. 552.231. RESPONDING TO REQUESTS FOR INFORMATION THAT

REQUIRE PROGRAMMING OR MANIPULATION OF DATA. (a) A

governmental body shall provide to a requestor the written

statement described by Subsection (b) if the governmental body

determines:

(1) that responding to a request for public

information will require programming or manipulation of data;

and

(2) that:

(A) compliance with the request is not feasible

or will result in substantial interference with its ongoing

operations; or

(B) the information could be made available in

the requested form only at a cost that covers the programming

and manipUlation of data.

(b) The written statement must include:

(1) a statement that the information is not available

in the requested form;

185

(2) a description of the form in which the

information is available;

(3) a description of any contract or services that

would be required to provide the information in the requested

form;

(4) a statement of the estimated cost of providing

the information in the requested form, as determined in

accordance with the rules established by the attorney general

under Section 552.262; and

(5) a statement of the anticipated time required to

provide the information in the requested form.

(c) The governmental body shall provide the written

statement to the requestor within 20 days after the date of the

governmental body's receipt of the request. The governmental

body has an additional 10 days to provide the statement if the

governmental body gives written notice to the requestor, within

20 days after the date of receipt of the request, that the

additional time is needed.

(d) On providing the written statement to the requestor as

required by this section, the governmental body does not have

any further obligation to provide the information in the

requested form or in the form in which it is available unless

within 30 days the requestor states in writing to the

governmental body that the requestor:

(1) wants the governmental body to provide the

information in the requested form according to the cost and time

parameters set out in the statement or according to other terms

to which the requestor and the governmental body agree; or

(2) wants the information in the form in which it is

available.

(d-l) If a requestor does not make a timely written

statement under Subsection (d), the requestor is considered to

have withdrawn the request for information.

(e) The officer for public information of a governmental

body shall establish policies that assure the expeditious and

accurate processing of requests for information that require

186

programming or manipulation of data. A governmental body shall

maintain a file containing all written statements issued under

this section in a readily accessible location.


1995.

Amended by:


2005.


2005.

Sec. 552.232. RESPONDING TO REPETITIOUS OR REDUNDANT

REQUESTS. (a) A governmental body that determines that a

requestor has made a request for information for which the

governmental body has previously furnished copies to the

requestor or made copies available to the requestor on payment

of applicable charges under Subchapter F, shall respond to the

request, in relation to the information for which copies have

been already furnished or made available, in accordance with

this section, except that:

(1) this section does not prohibit the governmental

body from furnishing the information or making the information

available to the requestor again in accordance with the request;

and

(2) the governmental body is not

with this section in relation to information

required

that the

to comply

governmental body simply furnishes or makes available to the

requestor again in accordance with the request.

(b) The governmental body shall certify to the requestor

that copies of all or part of the requested information, as

applicable, were previously furnished to the requestor or made

available to the requestor on payment of applicable charges

under Subchapter F. The certification must include:

187

(1) a description of the information for which copies

have been previously furnished or made available to the

requestor;

(2) the date that the governmental body received the

requestor's original request for that information;

(3) the date that the governmental body previously

furnished copies of or made available copies of the information

to the requestor;

(4) a certification that no sUbsequent additions,

deletions, or corrections have been made to that information;

and

(5) the name, title, and signature of the officer for

public information or the officer's agent making the

certification.

(c) A charge may not be imposed for making and furnishing

a certification required under subsection (b).

(d) This section does not apply to information for which

the governmental body has not previously furnished copies to the

requestor or made copies available to the

of applicable charges under subchapter F.

requestor on payment

A request by the

requestor for information for which copies have not previously

been furnished or made available to the requestor, including

information for which copies were not furnished or made

available because the information was redacted from other

information that was furnished or made available or because the

information did not yet exist at the time of an earlier request,

shall be treated in the same manner as any other request for

information under this chapter.

Added by Acts 1999, 76th Leg., ch. l319, Sec. 13, eff. Sept. 1,

1999.

SUBCHAPTER F. CHARGES FOR PROVIDING COPIES OF PUBLIC INFORMATION

Sec. 552.261. CHARGE FOR PROVIDING COPIES OF PUBLIC

INFORMATION. (a) The charge for providing a copy of public

188

information shall be an amount that reasonably includes all

costs related to reproducing the public information, including

costs of materials, labor, and overhead. If a request is for 50

or fewer pages of paper records, the charge for providing the

copy of the public information may not include costs of

materials, labor, or overhead, but shall be limited to the

charge for each page of the paper record that is photocopied,

unless the pages to be photocopied are located in:

(1) two or more separate buildings that are not

physically connected with each other; or

(2) a remote storage facility.

(b) If the charge for providing a copy of public

information includes costs of labor, the requestor may require

the governmental body's officer for public information or the

officer's agent to provide the requestor with a written

statement as to the amount of time that was required to produce

and provide the copy. The statement must be signed by the

officer for public information or the officer's agent and the

officer's or the agent's name must be typed or legibly printed

below the signature. A charge may not be imposed for providing

the written statement to the requestor.

(c) For purposes of Subsection (a), a connection of two

buildings by a covered or open sidewalk, an elevated or

underground passageway, or a similar facility is insufficient to

cause the buildings to be considered separate buildings.

(d) Charges for providing a copy of public information are

considered to accrue at the time the governmental body advises

the requestor that the copy is available on payment of the

applicable charges.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. sept. 1,

1993. Amended by Acts 1995, 74th Leg. , ch. 1035, Sec. 16, eff.




Sept. 1, 2003.

189

Sec. 552.2615. REQUIRED ITEMIZED ESTIMATE OF CHARGES. (a)

If a request for a copy of public information will result in the

imposition of a charge under this subchapter that exceeds $40,

or a request to inspect a paper record will result in the

imposition of a charge under Section 552.271 that exceeds $40,

the governmental body shall provide the requestor with a written

itemized statement that details all estimated charges that will

be imposed, including any allowable charges for labor or

personnel costs. If an alternative less costly method of

viewing the records is available, the statement must include a

notice that the requestor may contact the governmental body

regarding the alternative method. The governmental body must

inform the requestor of the' responsibilities imposed on the

requestor by this section and of the rights granted by this

entire section and give the requestor the information needed to

respond, including:

(1) that the requestor must provide the governmental

body with a mailing, facsimile transmission, or electronic mail

address to receive the itemized statement and that it is the

requestor's choice which type of address to provide;

(2) that the request is considered automatically

withdrawn if the requestor does not respond in writing to the

itemized statement and any updated itemized statement in the

time and manner

(3 )

required

that the

by this section; and

requestor

by delivering the written response

may respond to the statement

to the governmental body by

mail, in person, by facsimile transmission if the governmental

body is capable of receiving documents transmitted in that

manner, or by electronic mail if the governmental body has an

electronic mail address.

(b) A request described by Subsection (a) is considered to

have been withdrawn by the requestor if the requestor does not

respond in writing to the itemized statement by informing the

190

governmental body within 10 business days after the date the

statement is sent to the requestor that:

(1) the requestor will accept the estimated charges;

(2) the requestor is modifying the request in

response to the itemized statement; or

(3) the requestor has sent to the attorney general a

complaint alleging that the requestor has been overcharged for

being provided with a copy of the public information.

(c) If the governmental body later determines, but before

it makes the copy or the paper record available, that the

estimated charges will exceed the charges detailed in the

written itemized statement by 20 percent or more, the

governmental body shall send to the requestor a written updated

itemized statement that details all estimated charges that will

be imposed, including any allowable charges for labor or

personnel costs. If the requestor does not respond in writing

to the updated estimate in the time and manner described by

Subsection (b), the request is considered to have been withdrawn

by the requestor.

(d) If the actual charges that a governmental body imposes

for a copy of public information, or for inspecting a paper

record under Section 552.271, exceeds $40, the charges may not

exceed:

(1) the amount estimated in the updated itemized

statement; or

(2) if an updated itemized statement is not sent to

the requestor, an amount that exceeds by 20 percent or more the

amount estimated in the itemized statement.

(e) An itemized statement or updated itemized statement is

considered to have been sent by the governmental body to the

requestor on the date that:

(1) the statement is delivered to the requestor in

person;

(2) the governmental body deposits the properly

addressed statement in the United States mail; or

191

(3) the governmental body transmits the properly

addressed statement by electronic mail or facsimile

transmission, if the requestor agrees to receive the statement

by electronic mail or facsimile transmission, as applicable.

(f) A requestor is considered to have responded to the

itemized statement or the updated itemized statement on the date

that:

(1) the response is delivered to the governmental

body in person;

(2) the requestor deposits the properly addressed

response in the united States mail; or

(3) the requestor transmits the properly addressed

response to the governmental body by electronic mail or

facsimile transmission.

(g) The time deadlines imposed by this section do not

affect the application of a time deadline imposed on a

governmental body under Subchapter G.



Sept. 1, 2003.

Amended by:


2005.


2005.

Sec. 552.262. RULES OF THE ATTORNEY GENERAL. (a) The

attorney general shall adopt rules for use by each governmental

body in determining charges for providing copies of pUblic

information under this subchapter and in determining the charge,

deposit, or bond required for making public information that

exists in a paper record available for inspection as authorized

by Sections 552.271(c) and (d). The rules adopted by the

attorney general shall be used by each governmental body in

determining charges for providing copies of public information

192

and in determining the charge, deposit, or bond required for

making public information that exists in a paper record

available for inspection, except to the extent that other law

provides for charges for specific kinds of public

information. The charges for providing copies of public

information may not be excessive and may not exceed the actual

cost of producing the information or for making public

information that exists in a paper record available for

inspection. A governmental body, other than an agency of state

government, may determine its own charges for providing copies

of public information and its own charge, deposit, or bond for

making public information that exists in a paper record

available for inspection but may not charge an amount that is

greater than 25 percent more than the amount established by the

attorney general unless the governmental body requests an

exemption under Subsection (c).

(b) The rules of the attorney general shall prescribe the

methods for computing the charges for providing copies of public

information in paper, electronic, and other kinds of media and

the charge, deposit, or bond required for making pUblic


inspection. The rules shall establish costs for various

components of charges for providing copies of public information

that shall be used by each governmental body in providing copies

of public information or making public information that exists

in a paper record available for inspection.

(c) A governmental body may request that it be exempt from

part or all of the rules adopted by the attorney general for

determining charges for providing copies of public information

or the charge, deposit, or bond required for making public


inspection. The request must be made in writing to the attorney

general and must state the reason for the exemption. If the

attorney general determines that good cause exists for exempting

a governmental body from a part or all of the rules, the

attorney general shall give written notice of the determination

193

to the governmental body within 90 days of the request. On

receipt of the determination, the governmental body may amend

its charges for providing copies of public information or its

charge, deposit, or bond required for making public information

that exists in a paper record available for inspection according

to the determination of the attorney general.

(d) The attorney general shall publish annually in the

Texas Register a list of the governmental bodies that have

authorization from the attorney general to adopt any modified

rules for determining the cost of providing copies of public

information or making public information that exists in a paper

record available for inspection.

(e) The rules of the attorney general do not apply to a

state governmental body that is not a state agency for purposes

of subtitle D, Title 10.





Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 329, Sec. 7, eff. September 1',

2005.


2005.

Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT

FOR PREPARATION OF COPY OF PUBLIC INFORMATION. (a) An officer

for public information or the officer's agent may require a

deposit or bond for payment of anticipated costs for the

preparation of a copy of public information if:

(1) the officer for public information or the

officer's agent has provided the requestor with the written

itemized statement required under Section 552.2615 detailing the

estimated charge for providing the copy; and

194

(2) the charge for providing the copy of the public

information specifically requested by the requestor is estimated

by the governmental body to exceed:

(A) $100, if the governmental body has more than

15 fUll-time employees; or

(B) $50, if the governmental body has fewer than

16 full-time employees.

(b) The officer for public information or the officer's

agent may not require a deposit or bond be paid under Subsection

(a) as a down payment for copies of public information that the

requestor may request in the future.

(c) An officer for public information or the officer's

agent may require a deposit or bond for payment of unpaid

amounts owing to the governmental body in relation to previous

requests that the requestor has made under this chapter before

preparing a copy of public information in response to a new

request if those unpaid amounts exceed $100. The officer for

public information or the officer's agent may not seek payment

of those unpaid amounts through any other means.

(d) The governmental body must fully document the

existence and amount of those unpaid amounts or the amount of

any anticipated costs, as applicable, before requiring a deposit

or bond under this section. The documentation is subject to

required public disclosure under this chapter.

(e) For purposes of Subchapters F and G, a request for a

copy of public information is considered to have been received

by a governmental body on the date the governmental body

receives the deposit or bond for payment of anticipated costs or

unpaid amounts if the governmental body's officer for public

information or the officer's agent requires a deposit or bond in

accordance with this section.

(f) A requestor who fails to make a deposit or post a bond

required under Subsection (a) before the lOth business day after

the date the deposit or bond is required is considered to have

withdrawn the request for the copy of the public information

that precipitated the requirement of the deposit or bond.

195





Sept. 1, 1999.

Amended by:


2005.


2007.


September 1, 2009.

Sec. 552.264. COPY OF PUBLIC INFORMATION REQUESTED BY

MEMBER OF LEGISLATURE. One copy of public information that is

requested from a state agency by a member, agency, or committee

of the legislature under Section 552.008 shall be provided

without charge.





June 20, 1999.

Sec. 552.265. CHARGE FOR PAPER COpy PROVIDED BY DISTRICT

OR COUNTY CLERK. The charge for providing a paper copy made by

a district or county clerk's office shall be the charge provided

by Chapter 51 of this code, Chapter 118, Local Government Code,

or other applicable law.




June 15, 2001.

196

Sec. 552.266. CHARGE FOR COPY OF PUBLIC INFORMATION

PROVIDED BY MUNICIPAL COURT CLERK. The charge for providing a

copy made by a municipal court clerk shall be the charge

provided by municipal ordinance.




Sept. 1, 1997.

Sec. 552.267. WAIVER OR REDUCTION OF CHARGE FOR PROVIDING

COPY OF PUBLIC INFORMATION. (a) A governmental body shall

provide a copy of public information without charge or at a

reduced charge if the governmental body determines that waiver

or reduction of the charge is in the public interest because

providing the copy of the information primarily benefits the

general public.

(b) If the cost to a governmental body of processing the

collection of a charge for providing a copy of public

information will exceed the amount of the charge, the

governmental body may waive the charge.




Sept. 1, 1997.

Sec. 552.268. EFFICIENT USE OF PUBLIC RESOURCES. A

governmental body shall make reasonably efficient use of

supplies and other resources to avoid excessive reproduction

costs.



197


Sept. 1, 1997.

Sec. 552.269. OVERCHARGE OR OVERPAYMENT FOR COpy OF PUBLIC

INFORMATION. (a) A person who believes the person has been

overcharged for being provided with a copy of public information

may complain to the attorney general in writing of the alleged

overcharge, setting forth the reasons why the person believes

the charges are excessive. The attorney general shall review

the complaint and make a determination in writing as to the

appropriate charge for providing the copy of the requested

information. The governmental body shall respond to the

attorney general to any written questions asked of the

governmental body by the attorney general regarding the charges

for providing the copy of the public information. The response

must be made to the attorney general within 10 business days

after the date the questions are received by the governmental

body. If the attorney general determines that a governmental

body has overcharged for providing the copy of requested public

information, the governmental body shall promptly adjust its

charges in accordance with the determination of the attorney

general.

(b) A person who overpays for a copy of public information

because a governmental body refuses or fails to follow the rules

for charges adopted by the attorney general is entitled to

recover three times the amount of the overcharge if the

governmental body did not act in good faith in computing the

costs.





Sept. 1, 2003.

Amended by:

198


2005.


2005.

Sec. 552.270. CHARGE FOR GOVERNMENT PUBLICATION. (a)

This subchapter does not apply to a publication that is compiled

and printed by or for a governmental body for public

dissemination. If the cost of the publication is not determined

by state law, a governmental body may determine the charge for

providing the publication.

(b) This section does not prohibit a governmental body

from providing a publication free of charge if state law does

not require that a certain charge be made.



Sept. 1, 1997.

Sec. 552.271. INSPECTION OF PUBLIC INFORMATION IN PAPER

RECORD IF COPY NOT REQUESTED. (a) If the requestor does not

request a copy of public information, a charge may not be

imposed for making available for inspection any public

information that exists in a paper record, except as provided by

this section.

(b) If a requested page contains confidential information

that must be edited from the record before the information can

be made available for inspection, the governmental body may

charge for the cost of making a photocopy of the page from which

confidential information must be edited. No charge other than

the cost of the photocopy may be imposed under this subsection.

(c) Except as provided by Subsection (d), an officer for

public information or the officer's agent may require a

requestor to pay, or to make a deposit or post a bond for the

payment of, anticipated personnel costs for making available for

199

inspection public information that exists in paper records only

if:

(1) the public information specifically requested by

the requestor:

(A) is older than five years; or

(B) completely fills, or when assembled will

completely fill, six or more archival boxes; and


officer's agent estimates that more than five hours will be

required to make the public information available for

inspection.

(d) If the governmental body has fewer than 16 full-time

employees, the payment, the deposit, or the bond authorized by

Subsection (c) may be required only if:

(1) the public information specifically requested by

the requestor:

(A) is older than three years; or

(B) completely fills, or when assembled will

completely fill, three or more archival boxes; and


officer's agent estimates that more than two hours will be

required to make the public information available for

inspection.




Sept. 1, 1999.

Sec. 552.272. INSPECTION OF ELECTRONIC RECORD IF COpy NOT

REQUESTED. ( a) In response to a request to inspect information

that exists in an electronic medium and that is not available

directly on-line to the requestor, a charge may not be imposed

for access to the information, unless complying with the request

will require programming or manipulation of data. If

programming or manipulation of data is required, the

200

governmental body shall notify the requestor before assembling

the information and provide the requestor with an estimate of

charges that will be imposed to make the information available.

A charge under this section must be assessed in accordance with

this subchapter.

(b) If public information exists in an electronic form on

a computer owned or leased by a governmental body and if the

public has direct access to that computer through a computer

network or other means, the electronic form of the information

may be electronically copied from that computer without charge

if accessing the information does not require processing,

programming, or manipulation on the government-owned or

government-leased computer before the information is copied.

(c) If public information exists in an electronic form on

a computer owned or leased by a governmental body and if the

public has direct access to that computer through a computer

network or other means and the information

can

requires processing,

be electronically programming, or manipulation before it

copied, a governmental body may impose

with this subchapter.

charges in accordance

(d) If information is created or kept in an electronic

form, a governmental body is encouraged to explore options to

separate out confidential information and to make public

information available to the public through electronic access

through a computer network or by other means.

(e) The provisions of this section that prohibit a

governmental entity from imposing a charge for access to

information that exists in an electronic medium do not apply to

the collection of a fee set by the supreme court after

consultation with the Judicial Committee on Information

Technology as authorized by Section 77.031 for the use of a

computerized electronic judicial information system.



201


Sept. 1, 1997.

Sec. 552.274. REPORTS BY ATTORNEY GENERAL AND STATE

AGENCIES ON COST OF COPIES. (a) The attorney general shall:

(1) biennially update a report prepared by the

attorney general about the charges made by state agencies for

providing copies of public information; and

(2) provide a copy of the updated report on the

attorney general's open records page on the Internet not later

than March 1 of each even-numbered year.


329, Sec. 9

(b) Before the 30th day after the date on which a

regular session of the legislature convenes, each state agency

shall issue a report that describes that agency's procedures for

charging and collecting fees for providing copies of public

information. A state agency may comply with this subsection by

posting the report on the agency's open records page or another

easily accessible page on the agency's website on the Internet.

Text of subsection as amended by Acts 2005, 79th Leg., Ch. 716,

Sec. 9

(b) Not later than December 1 of each odd-numbered year,

each state agency shall provide the attorney general detailed

information, for use by the attorney general in preparing the

report required by Subsection (a), describing the agency's

procedures for charging and collecting fees for providing copies

of public information.

(c) In this section, "state agency" has the meaning

assigned by Sections 2151.002(2) (A) and (C).

202



eff. Sept. 1, 1997. Renumbered from Government Code Sec.

552.270 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(47), eff.

Sept. 1, 1997. Renumbered from Government Code Sec. 552.270

and amended by Acts 1997, 75th Leg., ch. 123l, Sec. 4, eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. l319, Sec.

19, eff. Sept. 1, 1999; Acts 200l, 77th Leg., ch. 1420, Sec.

9.008(a), eff. Sept. 1, 2001.

Amended by:


2005.


2005.


2005.

Acts 2009, 81st Leg., R.S., Ch. l377, Sec. 7, eff.

September 1, 2009.

Sec. 552.275. REQUESTS THAT REQUIRE LARGE AMOUNTS OF

EMPLOYEE OR PERSONNEL TIME. (a) A governmental body may

establish a reasonable limit on the amount of time that

personnel of the governmental body are required to spend

producing public information for inspection or duplication by a

requestor, or providing copies of public information to a

requestor, without recovering its costs attributable to that

personnel time.

(b) A time limit established under Subsection (a) may not

be less than 36 hours for a requestor during the 12-month period

that corresponds to the fiscal year of the governmental body.

(c) In determining whether a time limit established under

Subsection (a) applies, any time spent complying with a request

for public information submitted in the name of a minor, as

defined by Section 101.003(a), Family Code, is to be included in

the calculation of the cumulative amount of time spent complying

203

with a request for public information by a parent, guardian, or

other person who has control of the minor under a court order

and with whom the minor resides, unless that parent, guardian,

or other person establishes that another person submitted that

request in the name of the minor.

(d) If a governmental body establishes a time limit under

Subsection (a), each time the governmental body complies with a

request for public information, the governmental body shall

provide the requestor with a written statement of the amount of

personnel time spent complying with that request and the

cumulative amount of time spent complying with requests for

public information from that requestor during the applicable 12-

month period. The amount of time spent preparing the written

statement may not be included in the amount of time included in

the statement provided to the requestor under this subsection.

(e) If in connection with a request for public

information, the cumulative amount of personnel time spent

complying with requests for public information from the same

requestor equals or exceeds the limit established by the

governmental body under Subsection (a), the governmental body

shall provide the requestor with a written estimate of the total

cost, including materials, personnel time, and overhead

expenses, necessary to comply with the request. The written

estimate must be provided to the requestor on or before the lOth

day after the date on which the public information was

requested. The amount of this charge relating to the cost of

locating, compiling, and producing the public information shall

be established by rules prescribed by the attorney general under

Sections 552.262(a) and (b).

(f) If the governmental body determines that additional

time is required to prepare the written estimate under

Subsection (e) and provides the requestor with a written

statement of that determination, the governmental body must

provide the written statement under that subsection as soon as

practicable, but on or before the lOth day after the date the

governmental body provided the statement under this subsection.

204

(g) If a governmental body provides a requestor with the

written statement under Subsection (e), the governmental body is

not required to produce public information for inspection or

duplication or to provide copies of public information in

response to the requestor's request unless on or before the 10th

day after the date the governmental body provided the written

statement under that subsection, the requestor submits a

statement in writing to the governmental body in which the

requestor commits to pay the lesser of:

(1) the actual costs incurred in complying with the

requestor's request, including the cost of materials and

personnel time and overhead; or

(2) the amount stated in the written statement

provided under Subsection (e).

(h) If the requestor fails or refuses to submit the

written statement under Subsection (g), the requestor is

considered to have withdrawn the requestor's pending request for

public information.

(i) This section does not prohibit a governmental body

from providing a copy of public information without charge or at

a reduced rate under Section 552.267 or from waiving a charge

for providing a copy of public information under that section.

(j) This section does not apply if

individual who, for a substantial portion

the requestor is an

of the individual's

livelihood or for substantial financial gain, gathers, compiles,

prepares, collects, photographs, records, writes, edits,

reports, investigates, processes, or publishes news or

information for and is seeking the information for:

(1) a radio or television broadcast station that

holds a broadcast license for an assigned frequency issued by

the Federal Communications Commission;

(2) a newspaper that is qualified under Section

2051.044 to publish legal notices or is a free newspaper of

general circulation and that is published at least once a week

and available and of interest to the general public in

connection with the dissemination of news;

205

(3) a newspaper of general circulation that is

published on the Internet by a news medium engaged in the

business of disseminating news or information to the general

public; or

(4) a magazine that is published at least once a week

or on the Internet by a news medium engaged in the business of

disseminating news or information to the general public.

(k) This section does not apply if the requestor is an

elected official of the United States, this state, or a

political subdivision of this state.

(1) This section does not apply if the requestor is a

representative of a publicly funded legal services organization

that is exempt from federal income taxation under Section

501(a), Internal Revenue Code of 1986, as amended, by being

listed as an exempt entity under Section 501(c) (3) of that code.

Added by Acts 2007, 80th Leg., R.S., Ch. 139~, Sec. 1, eff. June

15, 2007.

Amended by:


September 1, 2009.

SUBCHAPTER G. ATTORNEY GENERAL DECISIONS

Sec. 552.301. REQUEST FOR ATTORNEY GENERAL DECISION. (a)

A governmental body that receives a written request for

information that it wishes to withhold from public disclosure

and that it considers to be within one of the exceptions under

Subchapter C must ask for a decision from the attorney general

about whether the information is within that exception if there

has not been a previous determination about whether the

information falls within one of the exceptions.

(b) The governmental body must ask for the attorney

general's decision and state the exceptions that apply within a

reasonable time but not later than the 10th business day after

the date of receiving the written request.

206

(c) For purposes of this subchapter, a written request

includes a request made in writing that is sent to the officer

for public information, or the person designated by that

officer, by electronic mail or facsimile transmission.

(d) A governmental body that requests an attorney general

decision under Subsection (a) must provide to the requestor

within a reasonable time but not later than the 10th business

day after the date of receiving the requestor's written request:

(1) a written statement that the governmental body

wishes to withhold the requested information and has asked for a

decision from the attorney general about whether the information

is within an exception to public disclosure; and

(2) a copy of the governmental body's written

communication to the attorney general asking for the decision

or, if the governmental body's written communication to the

attorney general discloses the requested informat.ion, a redacted

copy of that written communication.

(e) A governmental body that requests an attorney general

decision under Subsection (a) must within a reasonable time but

not later than the 15th business day after the date of receiving

the written request:

(1) submit to the attorney general:

(A) written comments stating the reasons why the

stated exceptions apply that would allow the information to be

withheld;

(B) a copy of the written request for

information;

(C) a signed statement as to the date on which

the written request for information was received by the

governmental body or evidence sufficient to establish that date;

and

(D) a copy of the specific information

requested, or submit representative samples of the information

if a voluminous amount of information was requested; and

207

(2) label that copy of the specific information, or

of the representative samples, to indicate which exceptions

apply to which parts of the copy.

(e-l) A governmental body that submits written comments to

the attorney general under Subsection (e) (1) (A) shall send a

copy of those comments to the person who requested the

information from the governmental body not later than the 15th

business day after the date of receiving the written

request. If the written comments disclose or contain the

substance of the information requested, the copy of the comments

provided to the person must be a redacted copy.

(f) A governmental body must release the requested

information and is prohibited from asking for a decision from

the attorney general about whether information requested under

this chapter is within an exception under Subchapter C if:

(1) the governmental body has previously requested

and received a determination from the attorney general

concerning the precise information at issue in a pending

request; and

(2) the attorney general or a court determined that

the information is public information under this chapter that is

not excepted by Subchapter C.

(g) A governmental body may ask for another decision from

the attorney general concerning the precise information that was

at issue in a prior decision made by the attorney general under

this subchapter if:

(1) a suit challenging the prior decision was timely

filed against the attorney general in accordance with this

chapter concerning the precise information at issue;

(2) the attorney general determines that the

requestor has voluntarily withdrawn the request for the

information in writing or has abandoned the request; and

(3) the parties agree to dismiss the lawsuit.



208



Sept. 1, 1999.

Amended by:


2005.


1, 2007.


September 1, 2009.

Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY

GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a

governmental body does not request an attorney general decision

as provided by Section 552.301 and provide the requestor with

the information required by Sections 552.301(d) and (e-l), the

information requested in writing is presumed to be subject to

required public disclosure and must be released unless there is

a compelling reason to withhold the information.



Sept. 1, 1999.

Amended by:


2005.

Sec. 552.303. DELIVERY OF REQUESTED INFORMATION TO

ATTORNEY GENERAL; DISCLOSURE OF REQUESTED INFORMATION;

ATTORNEY GENERAL REQUEST FOR SUBMISSION OF ADDITIONAL

INFORMATION. (a) A governmental body that requests an attorney

general decision under this subchapter shall supply to the

attorney general, in accordance with Section 552.301, the

specific information requested. Unless the information

requested is confidential by law, the governmental body may

209

disclose the requested information to the public or to the

requestor before the attorney general makes a final

determination that the requested information is public or, if

suit is filed under this chapter, before a final determination

that the requested information is public has been made by the

court with jurisdiction over the suit, except as otherwise

provided by Section 552.322.

(b) The attorney general may determine whether a

governmental body's submission of information to the attorney

general under Section 552.301 is sufficient to render a

decision.

(c) If the attorney general determines that information in

addition to that required by Section 552.301 is necessary to

render a decision, the attorney general shall give written

notice of that fact to the governmental body and the requestor.

(d) A governmental body notified under Subsection (c)

shall submit the necessary additional information to the

attorney general not later than the seventh calendar day after

the date the notice is received.

(e) If a governmental body does not comply with Subsection

(d), the information that is the subject of a person's request

to the governmental body and regarding which the governmental

body fails to comply with Subsection (d) is presumed to be

subject to required public disclosure and must be released

unless there exists a compelling reason to withhold the

information.




Sept. 1, 1999.

Sec. 552.3035. DISCLOSURE OF REQUESTED INFORMATION BY

ATTORNEY GENERAL. The attorney general may not disclose to the

requestor or the public any information submitted to the

attorney general under Section 552.301(e) (1) (D).

210


1999.

Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS. (a) A

person may submit written comments stating reasons why the

information at issue in a request for an attorney general

decision should or should not be released.

(b) A person who submits written comments to the attorney

general under Subsection (a) shall send a copy of those comments

to both the person who requested the information from the

governmental body and the governmental body. If the written

comments submitted to the attorney general disclose or contain

the substance of the information requested from the governmental

body, the copy of the comments sent to the person who requested

the information must be a redacted copy.

(c) In this section, "written comments" includes a letter,

a memorandum, or a brief.



Sept. 1, 1995.

Amended by:


2005.

Sec. 552.305. INFORMATION INVOLVING PRIVACY OR PROPERTY

INTERESTS OF THIRD PARTY. (a) In a case in which information

is requested under this chapter and a person's privacy or

property interests may be involved, including a case under

Section 552.101, 552.104, 552.110, or 552.114, a governmental

body may decline to release the information for the purpose of

requesting an attorney general decision.

(b) A person whose interests may be involved under

Subsection (a), or any other person, may submit in writing to

~ 1 1

the attorney general the person's reasons why the information

should be withheld or released.

(c) The governmental body may, but is not

submit its reasons why the information should be

released.

required to,

withheld or

(d) If release of a person's proprietary information may

be subject to exception under Section 552.101, 552.110, 552.113,

or 552.131, the governmental body that requests an attorney

general decision under Section 552.301 shall make a good faith

attempt to notify that person of the request for the attorney

general decision. Notice under this subsection must:

(1) be in writing and sent within a reasonable time

not later than the 10th business day after the date the

governmental body receives the request for the information; and

(2) include:

(A) a copy of the written request for the

information, if any,

(B)

received by the

a statement, in

governmental body;

the form prescribed

and

by the

attorney general, that the person is entitled to submit in

writing to the attorney general within a reasonable time not

later than the 10th business day after the date the person

receives the notice:

(i) each reason the person has as to why

the information should be withheld; and

(ii) a letter, memorandum, or brief in

support of that reason.

(e) A person who submits a letter, memorandum, or brief to

the attorney general under Subsection (d) shall send a copy of

that letter, memorandum, or brief to the person who requested

the information from the governmental body. If the letter,

memorandum, or brief submitted to the attorney general contains

the substance of the information requested, the copy of the

letter, memorandum, or brief may be a redacted copy.



212


Sept. 1, 1999.

Sec. 552.306. RENDITION OF ATTORNEY GENERAL DECISION;

ISSUANCE OF WRITTEN OPINION. (a) Except as provided by Section

552.011, the attorney general shall promptly render a decision

requested under this subchapter, consistent with the standards

of due process, determining whether the requested information is

within one of the exceptions of Subchapter C. The attorney

general shall render the decision not later than the 45th

business day after the date the attorney general received the

request for a decision. If the attorney general is unable to

issue the decision within the 4S-day period, the attorney

general may extend the period for issuing the decision by an

additional 10 business days by informing the governmental body

and the requestor, during the original 45-day period, of the

reason for the delay.

(b) The attorney general shall issue a written opinion of

the determination and shall provide a copy of the opinion to the

requestor.



Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1319, Sec. 25, eff.

Sept. 1, 1999.

Amended by:


2007.

Sec. 552.307. SPECIAL RIGHT OF ACCESS; ATTORNEY GENERAL

DECISIONS. (a) If a governmental body determines that

information subject to a special right of access under Section

552.023 is exempt from disclosure under an exception of

Subchapter C, other than an exception intended to protect the

privacy interest of the requestor or the person whom the

213

requestor is authorized to represent, the governmental body

shall, before disclosing the information, submit a written

request for a decision to the attorney general under the

procedures of this subchapter.

(b) If a decision is not requested under Subsection (a),

the governmental body shall release the information to the

person with a special right of access under Section 552.023 not

later than the lOth business day after the date of receiving the

request for information.


1993.

Amended by:


2007.

Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES MAIL,

INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. (a) When this

subchapter requires a request, notice, or other document to be

submitted or otherwise given to a person within a specified

period, the requirement is met in a timely fashion if the

document is sent to the person by first class United States mail

or common or contract carrier properly addressed with postage or

handling charges prepaid and:

(1) it bears a post office cancellation mark or a

receipt mark of a common or contract carrier indicating a time

within that period; or

(2) the person required to submit or otherwise give

the document furnishes satisfactory proof that it was deposited

in the mail or with a common or contract carrier within that

period.

(b) When this subchapter requires an agency of this state

to submit or otherwise give to the attorney general within a

specified period a request, notice, or other writing, the

requirement is met in a timely fashion if:

214

(1) the request, notice, or other writing is sent to

the attorney general by interagency mail; and

(2) the agency provides evidence sufficient to

establish that the request, notice, or other writing was

deposited in the interagency mail within that period.



Sept. 1, 1999; Acts 2003, 78th Leg., ch. 909, Sec. 1, 2, eff.

June 20, 2003.

SUBCHAPTER H. CIVIL ENFORCEMENT

Sec. 552.321. SUIT FOR WRIT OF MANDAMUS. (a) A requestor

or the attorney general may file suit for a writ of mandamus

compelling a governmental body to make information available for

public inspection if the governmental body refuses to request an

attorney general's decision as provided by Subchapter G or

refuses to supply public information or information that the

attorney general has determined is public information that is

not excepted from disclosure under Subchapter C.

(b) A suit filed by a requestor under this section must be

filed in a district court for the county in which the main

offices of the governmental body are located. A suit filed by

the attorney general under this section must be filed in a

district court of Travis County, except that a suit against a

municipality with a population of 100,000 or less must be filed

in a district court for the county in which the main offices of

the municipality are located.



Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1319, Sec. 27, eft.

Sept. 1, 1999.

215

Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.

(a) In this section:

(1) "Complainant" means a person who claims to be the

victim of a violation of this chapter.

(2) "State agency" means a board, commission,

department, office, or other agency that:

(A) is in the executive branch of state

government;

(B) was created by the constitution or a statute

of this state; and

(C) has statewide jurisdiction.

(b) An action for a declaratory judgment or injunctive

relief may be brought in accordance with this section against a

governmental body that violates this chapter.

(c) The district or county attorney for the county in

which a governmental body other than a state agency is located

or the attorney general may bring the action in the name of the

state only in a district court for that county. If the

governmental body extends into more than one county, the action

may be brought only in the county in which the administrative

offices of the governmental body are located.

(d) If the governmental body is a state agency, the Travis

county district attorney or the attorney general may bring the

action in the name of the state only in a district court of

Travis County.

(e) A complainant may file a complaint alleging a

violation of this chapter. The complaint must be filed with the

district or county attorney of the county in which the

governmental body is located unless the governmental body is the

district or county attorney. If the governmental body extends

into more than one county, the complaint must be filed with the

district or county attorney of the county in which the

administrative offices of the governmental body are located. If

the governmental body is a state agency, the complaint may be

filed with the Travis County district attorney. If the

governmental body is the district or county attorney, the

216

complaint must be filed with the attorney general. To be valid,

a complaint must:

(1) be in writing and signed by the complainant;

(2) state the name of the governmental body that

allegedly committed the violation, as accurately as can be done

by the complainant;

(3) state the time and place of the alleged

commission of the violation, as definitely as can be done by the

complainant; and

(4) in general terms, describe the violation.

(f) A district or county attorney with whom the complaint

is filed shall indicate on the face of the written complaint the

date the complaint is filed.

(g) Before the 31st day after the date a complaint is

filed under Subsection (e), the district or county attorney

shall:

(1) determine whether:

(A) the violation alleged in the complaint was

committed; and

(B) an action will be brought against the

governmental body under this section; and

(2) notify the complainant in writing of those

determinations.

(h) Notwithstanding Subsection (g) (1), if the district or

county attorney believes that that official has a conflict of

interest that would preclude that official from bringing an

action under this section against the governmental body

complained of, before the 31st day after the date the complaint

was filed the county or district attorney shall inform the

complainant of that official's belief and of the complainant's

right to file the complaint with the attorney general. If the

district or county attorney determines not to bring an action

under this section, the district or county attorney shall:

(1) include a statement of the basis for that

determination; and

(2) return the complaint to the complainant.

217

(i) If the district or county attorney determines not to

bring an action under this section, the complainant is entitled

to file the complaint with the attorney general before the 31st

day after the date the complaint is returned to the complainant.

On receipt of the written complaint, the attorney general shall

comply with each requirement in Subsections (g) and (h) in the

time required by those subsections. If the attorney general

decides to bring an action under this section against a

governmental body located only in one county in response to the

complaint, the attorney general must comply with Subsection (c).

(j) An action may be brought under this section only if

the official proposing to bring the action notifies the

governmental body in writing of the official's determination

that the alleged violation was committed and the governmental

body does not cure the violation before the fourth day after the

date the governmental body receives the notice.

(k) An action authorized by this section is in addition to

any other civil, administrative, or criminal action provided by

this chapter or another law.


1999.

Sec. 552.322. DISCOVERY OF INFORMATION UNDER PROTECTIVE

ORDER PENDING FINAL DETERMINATION. In a suit filed under this

chapter, the court may order that the information at issue may

be discovered only under a protective order until a final

determination is made.


1993.

Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND

REASONABLE ATTORNEY FEES. (a) In an action brought under

Section 552.321 or 552.3215, the court shall assess costs of

litigation and reasonable attorney fees incurred by a plaintiff

218

who substantially prevails, except that the court may not assess

those costs and fees against a governmental body if the court

finds that the governmental body acted in reasonable reliance

on:

the

(1) a judgment or an order of a court applicable to

governmental body;

(2) the published opinion

(3) a written decision of

of an appellate court;

the attorney general,

including a decision issued under Subchapter G or an opinion

issued under Section 402.042.

or

(b) In an action brought under Section 552.324, the court

may assess costs of litigation and reasonable attorney's fees

incurred by a plaintiff or defendant who substantially

prevails. In exercising its discretion under this subsection,

the~court shall consider whether the conduct of the governmental

body had a reasonable basis in law and whether the litigation

was brought in good faith.

Added by Acts 1993, 73rd Leg., ch. 26B, Sec. 1, eff. Sept. 1,


Sept. 1, 1999.

Amended by:

Acts 2009, B1st Leg., R.S., Ch. 1377, Sec. 9, eff.

September 1, 2009.

Sec. 552.324. SUIT BY GOVERNMENTAL BODY. (a) The only

suit a governmental body may file seeking to withhold

information from a requestor is a suit that:

(1) is filed in a Travis County district court

against the attorney general in accordance with Section 552.325;

and

(2 ) seeks declaratory relief from compliance with a

decision by the attorney general issued under Subchapter G.

(b) The governmental body must bring the suit not later

than the 30th calendar day after the date the governmental body

receives the decision of the attorney general determining that

219

the requested information must be disclosed to the

requestor. If the governmental body does not bring suit within

that period, the governmental body shall comply with the

decision of the attorney general. If a governmental body wishes

to preserve an affirmative defense for its officer for public

information as provided in Section 552.353(b} (3), suit must be

filed within the deadline provided in Section 552.353(b) (3).


1995; Acts 1995, 74th Leg. , ch. 1035, Sec. 24, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg. , ch. 165, Sec. 13.01,

eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1231, Sec. 9,

eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1319, Sec. 30,

eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., ch. 1377, Sec. 10, eff.

September 1, 2009.

Sec. 552.325. PARTIES TO SUIT SEEKING TO WITHHOLD

INFORMATION. (a) A governmental body, officer for public

information, or other person or entity that files a suit seeking

to withhold information from a requestor may not file suit

against the person requesting the information. The requestor is

entitled to intervene in the suit.

(b) The governmental body, officer for public information,

or other person or entity that files the suit shall demonstrate

to the court that the governmental body, officer for public

information, or other person or entity made a timely good faith

effort to inform the requestor, by certified mail or by another

written method of notice that requires the return of a receipt,

of:

(1) the existence of the suit, including the subject

matter and cause number of the suit and the court in which the

suit is filed;

(2) the requestor's right to intervene in the suit or

to choose to not participate in the suit;

220

(3) the fact that the suit is against the attorney

general in Travis County district court; and

(4) the address and phone number of the office of the

attorney general.

(c) If the attorney general enters into a proposed

settlement that all or part of the information that is the

subject of the suit should be withheld, the attorney general

shall notify the requestor of that decision and, if the

requestor has not intervened in the suit, of the

right to intervene to contest the withholding.

general shall notify the requestor:

requestor's

The attorney

(1) in the manner required by the Texas Rules of

Civil Procedure, if the requestor has intervened in the suit;

or

(2) by certified mail or by another written method of

notice that requires the return of a receipt, if the requestor

has not intervened in the suit.

(d) The court shall allow the requestor a reasonable

period to intervene after the attorney general attempts to give

notice under Subsection (c) (2)




eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1231, Sec. 9,

eff. Sept. 1, 1997.

Amended by:


September 1, 2009.

Sec. 552.326. FAILURE TO RAISE EXCEPTIONS BEFORE ATTORNEY

GENERAL. (a) Except as provided by Subsection (b), the only

exceptions to required disclosure within Subchapter C that a

governmental body may raise in a suit filed under this chapter

are exceptions that the governmental body properly raised before

221

the attorney general in connection with its request for a

decision regarding the matter under Subchapter G.

(b) Subsection (a) does not prohibit a governmental body

from raising an exception:

(1) based on a requirement of federal law; or

(2) involving the property or privacy interests of

another person.


1999.

Sec. 552.327. DISMISSAL OF SUIT DUE TO REQUESTOR'S

WITHDRAWAL OR ABANDONMENT OF REQUEST. A court may dismiss a

suit challenging a decision of the attorney general brought in

accordance with this chapter if:

(1 ) all parties to the suit agree to the dismissal;

and

(2 ) the attorney general determines and represents

the court that the requestor has voluntarily withdrawn the

to

request for information in writing or has abandoned the request.

Added by Acts 2007, 80th Leg., R.S., Ch. 474, Sec. 2, eff.

September 1, 2007.

SUBCHAPTER I. CRIMINAL VIOLATIONS

Sec. 552.351. DESTRUCTION, REMOVAL, OR ALTERATION OF

PUBLIC INFORMATION. (a) A person commits an offense if the

person wilfully destroys, mutilates, removes without permission

as provided by this chapter, or alters public information.

(b) An offense under this section is a misdemeanor

punishable by:

(1) a fine of not less than $25 or more than $4,000;

(2) confinement in the county jail for not less than

three days or more than three months; or

(3) both the fine and confinement.

222

(c) It is an exception to the application of Subsection

(a) that the public information was transferred under Section

441.204.




13, 2001.

Sec. 552.352. DISTRIBUTION OR MISUSE OF CONFIDENTIAL

INFORMATION. (a) A person commits an offense if the person

distributes information considered confidential under the terms

of this chapter.

(a-I) An officer or employee of a governmental body who

obtains access to confidential information under Section 552.008

commits an offense if the officer or employee knowingly:

(1) uses the confidential information for a purpose

other than the purpose for which the information was received or

for a purpose unrelated to the law that permitted the officer or

employee to obtain access to the information, including

solicitation of political contributions or solicitation of

clients;

(2) permits inspection of the confidential

information by a person who is not authorized to inspect the

information; or

(3) discloses the confidential information to a

person who is not authorized to receive the information.

(a-2) For purposes of Subsection (a-I), a member of an

advisory committee to a governmental body who obtains access to

confidential information in that capacity is considered to be an

officer or employee of the governmental body.

(b) An offense under this section is a misdemeanor

punishable by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than

six months; or

223


(c) A violation under this section constitutes official

misconduct.



7.02, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1089, Sec.

2, eff. Sept. 1, 2003.

Sec. 552.353. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC

INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC

INFORMATION. (a) An officer for public information, or the

officer's agent, commits an offense if, with criminal

negligence, the officer or the officer's agent fails or refuses

to give access to, or to permit or provide copying of, public

information to a requestor as provided by this chapter.

(b) It is an affirmative defense to prosecution under

Subsection (a) that the officer for public information

reasonably believed that public access to the requested

information was not required and that:

(1) the officer acted in reasonable reliance on a

court order or a written interpretation of this chapter

contained in an opinion of a court of record or of the attorney

general issued under Subchapter G;

(2) the officer requested a decision from the

attorney general in accordance with Subchapter G, and the

decision is pending; or

(3) not later than the 10th calendar day after the

date of receipt of a decision by the attorney general that the

information is public, the officer or the governmental body for

whom the defendant is the officer for public information filed a

petition for a declaratory judgment against the attorney general

in a Travis County district court seeking relief from compliance

with the decision of the attorney general, as provided by

Section 552.324, and the cause is pending.

224

(c) It is an affirmative defense to prosecution under

Subsection (a) that a person or entity has, not later than the

lOth calendar day after the date of receipt by a governmental

body of a decision by the attorney general that the information

is public, filed a cause of action seeking relief from

compliance with the decision of the attorney general, as

provided by Section 552.325, and the cause is pending.

(d) It is an affirmative defense to prosecution under

Subsection (a) that the defendant is the agent of an officer for

public information and that the agent reasonably relied on the

written instruction of the officer for public information not to

disclose the public information requested.

(e) An offense under this section is a misdemeanor

punishable by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than

six months; or


(f) A violation under this section constitutes official

misconduct.



Sept. 1, 1995.

Amended by:


September 1, 2009.

225

A TT ACHMENT B

226 PART II - COUNTY ADMINISTRATIVE POLICIES AND PROCEDURES

Chapter 74 - GENERAL GOVERNMENT OPERATIONS POLICY ARTICLE III. - PUBLIC RECORDS

ARTICLE III. - PUBLIC RECORDS [92]

192) Cross reference- Public records, § 98-41 et seq.

Sec. 74-131. - Texas Public Information Act. Sec. 74-132. - Policy. Sec. 74-133. - Responsibilities. Sec. 74-134. - Procedures. Sec. 74-135. - Fees. Secs.74-136 74-170. - Reserved.

Sec. 74-131. - Texas Public Information Act.

The commissioners court complies with the Texas Open Records Act as set forth in V.T.C.A., Government Code ch. 552.

(Ord. No. 2000-116, § 4.00,1-18-2000)

Sec. 74-132. - Policy.

(a) A public records policy will provide for a procedure by which public records may be inspected efficiently, safely and without delay.

(b) In accordance with the Public Information Act, each governmental body is required to make available all public information. Certain information is excepted from the disclosure requirement of the act, and may be generally classified as follows:

(1) Confidential records by law;

(2) Information in personnel files if disclosure would constitute a clearly unwarranted invasion of personal privacy;

(3) Litigation involving the political subdivision;

(4) Certain information related to law enforcement;

(5) Birth and death records;

(6) Audit working papers of the state auditor;

(7) Information that would give advantage to competitors or bidders;

(8) Information pertaining to the location or purchase price of real or personal property for public purposes prior to public announcement of the project;

(9) Drafts and working papers for proposed legislation;

Dallas County, Texas, Code of Ordinances Page 1 of 3



(10) Matters attorneys are prohibited to disclose per state bar ethics rules or evidentiary rules;

(11) Private correspondence and communications of an elected official that if disclosed would be an invasion of privacy;

(12) Trade secrets obtained from a person that is confidential by statute or judicial decision, and commercial and financial information, the disclosure of which would cause substantial competitive harm to the person from which it was obtained;

(13) Information agencies use relating to the regulation or supervision of financial institutions or securities;

(14) Geological and geophysical data and data including wells;

(15) Student records at educational institutions funded wholly or in part by state revenue;

(16) Home addresses and telephone numbers, social security numbers and information revealing the existence of family members of current or former employees of a governmental body, peace officers or security officers;

(17) Information contained or derived from triplicate prescription forrns filed with the department of public safety pursuant to V.T.C.A., Health and Safety Code § 481.075 of the Texas Controlled Substances Act;

(18) Photographs of peace officers or security officers;

(19) Test items developed by an educational institution funded wholly or in part by state revenue;

(20) Records of a library or library system, supported in whole or in part by public funds, that identify a person who requested, obtained, or used library material or a service; and

(21) Information relating to a governmental body's economic development negotiations with a business prospect, until an agreement is made.

(Ord. No. 2000-116, §§ 4.01, 4.02, 1-18-2000)

State law reference- Exceptions to Public Information Act, V.T.CA, Government Code § 552.101 et seq.

Sec. 74-133. - Responsibilities.

In accordance with the Public Information Act, the legal custodian must provide the public information requested or, if unavailable, state in writing when it will be available. If a request has been received for information that the attorney general has previously ruled is excepted from disclosure, then the information can be withheld. If there is no ruling that the information is excepted, one must be requested from the attorney general within ten business days of the receipt of the request.

(Ord. No. 2000-116, § 4.03,1-18-2000)

Sec. 74-134. - Procedures.

Upon receipt of a request to view or have copied information which may be excepted from disclosure, a department head, official or county employee should forward the request to the civil section of the district attorney's office immediately.


228 PART 11- COUNTY ADMINISTRATIVE POLICIES AND PROCEDURES


(Ord. No. 2000-116, § 4.04,1-18-2000)

Sec. 74-135. - Fees.

(a) The Public Information Act states that the county clerk and district clerk shall not charge more for copies than the actual cost of the copies, unless a certified record is requested, the cost of which is set bylaw.

(b) All other reproductions should be charged at a rate determined by the general services commission.

(Ord. No. 2000-116, §§4.10, 4.11,1-18-2000)

Secs. 74-136-74-170. - Reserved.

(92) State Law reference- Public Records Act, V.T.CA, Government Code § 552.001 et seq.; county public records, V.T.C.A., Local Government Code § 191.001 et seq. (Back)


229

ATTACHEMENT C


Chapter 98 - RECORDS MANAGEMENT PROGRAM ARTICLE II. - PUBLIC RECORDS

DIVISION 1. - GENERALLY

DIVISION 1. - GENERALLY Sec. 98-41. - County records as public property. Sec. 98-42. - Public access. Sec. 98-43. - File management. Secs. 98-44-98-60. - Reserved.

Sec. 98-41. - County records as public property.

All records are the property of the county. No official or employee, by virtue of his position, has any personal or property right to such records even though he may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.

(Admin. Policy Manual, § H(1.12))

Sec. 98-42. - Public access.

The county records are public records as defined by V.T.C.A., Government Code § 552.001 et seq. The public is entitled to full and complete disclosure of any nonconfidential records under the Open Records Act. Open records requests shall be dealt with in accordance with the policy found in section 74-131 of this Code.

(Admin. Policy Manual, § H(1.13))

Sec. 98-43. - File management.

(a) Of all the service activities of the county, the storage and retrieval of records are two of the greatest consumers of space, salaries and equipment. Time, effort and money are wasted unless records can be produced when they are required.

(b) The county records management program provides assistance to all county departments with the storage of active and inactive records. The records management program assists with developing records classification and filing systems, determining the best physical location of active records, establishing standards for records equipment and supplies, and selecting the best storage medium for the application.

(c) All requests for filing equipment are submitted to the budget office during the annual budget cycle. All requests for filing equipment submitted to the budget office are reviewed by the records management program for recommendation and analysis to determine the need, type of equipment, quantity and cost analysis for filing systems.

(Admin. Policy Manual, § H(2.00-2.02))

Secs. 98-44-98-60. - Reserved.


231

ATTACHMENT D

Dallas County Commissioners Court, Dallas Coun~ 9x~

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Dallas County Commissioners Court Open Records Request Administration Office. 411 Elm Street. Dallas, Texas 75202,214.653,7361

Services

Under Texas law (Government Code, Chapter 552), the public has the right to access most Dallas County records, Dallas County officials and departments are expected to promptly release requested information that is not confidential by law, unless an exception to disclosure exists or an Attorney General's Opinion is sought.

Procedures to Obtain Information

While some departments provide certain information informally, generally, the following procedure should be followed when requesting information from Dallas County.

• Submit your written request by mail, fax or In person to the appropriate Dallas County department or to the Public Information Officers identified below.

• Include enough description and detail about the request to enable the County to accurately identify and locate the information requested.

• Cooperate with the County's reasonable efforts to clarify the type or amount of information requested.

• Respond to written estimates of charges for reproducing records and make timely payment for all mutually agreed charges.

To request information from Dallas County you may send your request to:

For County Departments:

Darryl Martin Commissioners Court Administrator 411 Elm Street, 2nd floor Dallas, Texas 75202

Telephone: 214/653-7327 Fax: 214/653-7057

For Elected Officials:

Address your request to the Individual elected officer.

Home I Government I Online Services I Departments Contact Us I Help I Privacy Policy I ADA Statement

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233

ATTACHMENT E

Abbott Upen Kecords Letter Kulmg OR2004-84~ 3 4

October 5, 2004

Mr. Bill Sullivan City Attorney City of Wichita Falls P,O, Box 1431

ATTORNEY GENERAL OF TEXAS GREG ABBOTT

Wichita Falls, Texas 76307-1431

Dear Mr. Sullivan:

OR2004-8439

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code, Your request was assigned ID# 210516,

The Wichita Falls Police Department (the "department") received a request for "all records, reports, photographs, film and videotape, aUdiotape recordings, notes, bench notes, as well as all items and pieces of evidence, collectcd for, and related to [a specified homicide investigation]." The requestor subsequcntly amended his request to exclude access to physical evidence, but emphasized that he still requested "copics, reproductions, 'lifts,' or other representations made of, or developed from, finger marks that unidentified persons may have left at the crime scene or on items taken from the crime scene," You state that the depattment has provided the requestor with the documents and photographs that are responsive to his request. You claim, however, that the requested latent fingerprint lilts constitute tangible physical evidence, and as such, are not subject to the Public Information Act (the "Act"), We have considered your arguments,

The Act applies to "public information," defined as "information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business, , , by a governmental body[,j" Gov't Code § 552,002(a)(I), This office has detennined that tangible physical items are not "information" as that term is contemplated under the Act. See, e.g, Open Records Decision No, 581 (1990), You assert, and we agree, that the requested latent fingerprint lifts are tangible physical evidence retrieved from the crime scene, and therefore do not constitute "public information" for purposes ofIhe Act. Accordingly, we conclude that the Act does not require the department to make such latent fingerprint lifts available to the requestor in response to the present request. See Gov't Code §§ 552,002, .021.

This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities

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of the govemmental body and oflhe requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(1). If the govemmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. ld. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. ld. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the govemmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling.ld. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, within 10 calendar days of this rul ing, the governmental body will do one of the following three things: 1) release the public records; 2) notifY the requestor of the exact day, time, and place that copies ofthe records will be provided or that the records can be inspected; or 3) notifY the requestor of the governmental body's intent to challenge this letter ruling in court. If the governmental body fails to do one of these three things within 10 calendar days of this ruling, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at (877) 673-6839. The requestor may also file a complaint with the district or county attorney. Jd § 552.3215(e).

If this ruling requires or permits the govcmmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body.ld. § 552.321(a); Texas Dep't of Pub. Safety v. Gilbreath, 842 S. W.2d 408, 411 (Tex. App.--Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over'charging must be directed to Hadassah Schloss at the Texas Building and Procurement Commission at (512) 475-2497.

If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. We note that a third party may challenge this ruling by filing suit seeking to withhold information from a requestor. Gov't Code § 552.325. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date ofthis ruling.

Sincerely,

Lauren E. Kleine Assistant Attorney General Open Records Division LEKljev Ref: ID# 2105 16 Enc. (w/o enclosures)

c; Mr. Dan Grothaus

305 East 63 rd Street Kansas City, Missouri 64113-2225 (w/o enclosures)

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ADDOU vpen Kecoras Letter KUlmg UKLUU4-/;4~ 3 6 Page 3 of 3

POST OFFfCE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512)463-2100 WEB: WWW,OAG_STATE.1XlJS

An Equal Emp/oymi'm OpporlulJlfy Employer

https:/iwww.oag.state.tx .. lIsiopinions/openrecordsiSOabbottioxIl20.o4Jhtm/or20040.843.9.htm . 8/212.011

237

ATTACHMENT F

, J-\JJDUll up en Kecoras Letter KU11l1g UK2VV)-V 1 ~~3 8

ATTORNEY GENERAL OF TEXAS

March 8, 2005

Ms. Luz E. Sandoval Walker Assistant City Attorney City of EI Paso 2 Civic Center Plaza, 9th Floor EI Paso, Texas 7990 I

Dear Ms. Walker:

GREG ABBOTT

OR2005-0 1968

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 219946.

The EI Paso Police Department (the "department") received a request for nine categories of information relating to a specified case, including physical evidence, You contend that the request for physical evidence is not a proper request under the Public Information Act (the "Act"). You also state that the requested videotape does not exist. We note that the Act does not require a governmental body to disclose information that did not exist at the time the request was received. Econ Opportunities Dev. Corp, v. Bustamante, 562 S.W.2d 266 (Tex,Civ.App.--San Antonio 1978, writ dism'd); Open Records Decision No. 452 at 3 (1986). You claim that some of the remaining requested information is excepted from disclosure pursuant to section 552.101 of the Government Code. We have considered the exception you claim and reviewed

the submitted representative sample of information,ill

We begin by addressing the request for physical evidence related to the incident This office has ruled that tangible physical items are not "information" as that term is contemplated under the Act. See, e.g., Open Records Decision No. 581 (1990). Thus, we find that any responsive tangible physical evidence that is maintained by the department is not public information as that term is defined in section 552.002 of the Government Code. Consequently, we agree that the department is not required to release such tangible evidence to the requestor under the Act See Gov't Code §§ 552.002, .021.

Next, you inform us that some of the requested information is subject to a previous ruling from this office. In Open Records Letter No. 2004-1273 (2004), this office determined that the submitted information was excepted from disclosure pursuant to section 552.10 I in conjunction with section 261 .20 lor' the Family Code. You assert that the facts and circumstances surrounding our

previous ruling has not changed.ill We, therefore, conclude that Open Records Letter No. 2004-1273 relIlctions as a previous determination in this instance. Thus, to the extent that the present request seeks information we have previously ruled on, the department must comply with that ruling. Sec Gov't Code § 552.301(f); Open Records Decision No. 673 (2001) .

. https:l/www.oag.state.tx.us/opinions/opcnrecordsISOabbott/or1l20()S!htm/or200S01.!68.htm

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Abbott Open Records Letter Ruling OR2005-0 1 ~83 9

We now address the remaining responsive information which is not subject to the previous ruling. Section 552.101 excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." This section encompasses information protected by other statutes. Section 261.201(a) of the Family Code provides as follows:

(a) The following information is confidential, is not subject to public release under Chapter 552, Government Code, and may be disclosed only for purposes consistent with this code and applicable federal or state law or under rules adopted by an investigating agency:

(1) a report of alleged or suspected abuse or neglect made underthis chapter and the identity of the person making the report; and

(2) except as otherwise provided in this section, the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation.

Fam. Code § 261.201 (a). We agree that the submitted information consists of reports, records, and working papers used or developed in an investigation made under chapter 261 of the Family Code. You state that the department has not adopted any rules that permit access to these records. Accordingly, the department must withhold the submitted information under section 552.101 of the Government Code in conjunction with section 261.201 of the Family Code. m

In summary, the department need not release the requested tangible evidence as it is not subject to the Act. To the extent that the present request seeks information we have previously ruled on, the department must comply with our prior ruling in regards to this information. The submitted information at issue must be withheld pursuant to section 552.101 in conjunction with section 261.201 of the Family Code.

This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(1). If the governmental body wants to challenge this ruling, the governmental body must appear by filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a).

Ifthis ruling requires the governmental body to release all or part ofthe requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, upon receiving this ruling, the governmental body will either release the public records promptly pursuant to section 552.221(a) of the Government Code or ftIe a lawsuit

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i\t)t)ott upen Kecorcts Letter Kulmg UKWU)-U I ~~4 0

challenging this ruling pursuant to section 552.324 of the Government Code. If the governmental body fails to do one of these things, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at (877) 673-6839. The requestor may also tile a complaint with the district or county attorney.ld § 552.3215(e).

If this ruling requires or permits the governmental body to withhold ail or some of the requested information, the requestor can appeal that decision by suing the govemmental body. Jd. § 552.321(a); Tex. Dep't of Pub. Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.--Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the Texas Building and Procurement Commission at (512) 475-2497.

If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. We note that a third party may challenge this ruling by filing suit seeking to withhold information from a requestor. Gov't Code § 552.325. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days ofthe date of this ruling.

Sincerely,

Debbie K. Lee Assistant Attorney General Open Records Division DKLlseg Ref: ID# 219946 Ene. Submitted documents

c: Mr. Ben Langford Attorney at Law 444 Executive Center Boulevard, Suite 222 El Paso, Texas 79902 (w/o enclosures)

Footnotes

I. We assume that the "representative sample" of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to tbe extent that those records contain substantially different types of int()t'Illation than that submitted to tbis office.

2. The four criteria for this type of "previous determination" are 1) the records or information at issue are precisely the same records or information that were previously submitted to this office pursuant to section 552.30J (e)(1)(D) oftbe

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Abbott Open Records Letter Ruling 0R2005-01~84 1

Government Code; 2) the governmental body which received the request for the records or information is the same governmental body that previously requested and received a ruling from the attorney general; 3) the attorney general's prior ruling concluded that the precise records or information are or are not excepted from disclosure under the Act; and 4) the law, facts, and circumstances on which the prior attorney general mling was based have not changed since the issuance of the mling. See Open Records Decision No. 673 (2001).

3. We note, however, if the Texas Department of Family and Protective Services has created a file on this incident, the child's parent(s) may have the statutory right to review that file. See Fam. Code § 261.201 (g).

POST OFFlCE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL (512) 463-2100 WEB:l'L\YYLDA(J,.!~I.6If'::J::;;.ui§'

An Equal Employmenl Opporlunity Employer

I ORLs

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242

ATTACHMENT G

, 243

THE ATTORNEY GENERAL OF TEXAS

.. .1I::t1 MA"J""'I"'OX

ATTORNEY GENERAL

December 21, 1990

Mr. Jerome H. supple President Southwest Texas state University San Marcos, Texas 78666-4615

Dear Mr. Supple:

Open Records Decision No. 581

Re: Availability under the Open Records Act, article 6252-17a, V.T.e.S., of source codes and related documentation designed to limit access to computerstored records (RQ-2081)

Southwest Texas State "university"] has received information:

University a request

[hereinafter, the for the following

1. Source code and documentation to the DEC-I0 SADBDO and DADBDO [sic] programs, and

2. computer program documentation standards required to be used by ADP programmers for DEC-I0 programming.

You ask whether the requested required public disclosure under article 6252-17a, V.T.C.S.

information is subject to the Texas Open Records Act,

The DEC-I0 is the university's mainframe computer. You describe the requested information as follows:

The SADBDO and DAABDO programs are computer programs that allow authorized university officials to obtain information from the student records portion of the university's administrative data base. This information is used to prepare (student records). The information includes students' grades and other personally identifiable information from students' academic records. Southwest Texas State University owns the copyright to both programs. Both contain security measures designed to limit unauthorized access to this data.

244

Mr. Jerome H. Supple - Page 2 (ORD-58l)

Southwest Texas State University developed the source code and documentation that accompany these programs. The source code and documentation contain information that might compromise security measures designed to limit unauthorized access to the data.

. . .. ..

Likewise, the second item. requested-computer program documentation standards required to be used by the university's programmers for DEC-lO programming (developed at Southwest Texas State University]-contains descriptions of security measures designed to prevent unauthorized access to student records.

• A discussion of the issues raised by this opinion

request requires some definition of the terminology. 1 computer systems are, of course, made up of hardware and software. The hardware consists of the machinery, and the software controls the operation of the machine~. Software consists of sets of instructions called programs. Programs are written in defined sets of symbols called languages. A "machine language" is a set of electronic impulses which directly controls the machinery. A "high-level language" is closer inform to English and permits a ·programmer to compose and understand a program without being directly concerned with the operation of the machinery. Examples of high-level languages are C, COBOL, and PASCAL. Programs written in high-level languages must be converted into machine language by means of a program called a compiler.

A "source code" is a program, as described above, written in a high-level language. A source code describes the entire logical process or set of instructions to the computer used by the programmer to achieVe the task that the program is designed to accomplish. In performing operations on a data base, a program must be able to locate and understand information contained or encoded within that data base. Therefore, a programmer literate in the language in which the source code is written can learn not only about

1. Reference is made to the glossaries and discussions in Raysman & Brown, computer Law: Drafting and Negotiating FOrmS and Agreements (1990) (originally published 1984); Schwartz, Computer Law Forms Handbook (1986); Soma, Computer Technology and the Law (1983).

.. 245

Mr. Jerome H. Supple - Page 3 (ORD-581)

the progr~ that the source code describes, but also about the organization and enooding of the data base that the progr~ is designed to aooess or manipulate. Such information about the data base makes it possible for a programmer to oreate new progr~s to manipulate the data base. Generally, it is impraotical to attempt to modify a program without access to the source code.

"Documentation" oonsists of an English language text describing various aspects of a progr~, such as how the progr~ was written and how it may be used and maintained. Such documentation may be used either as a guide for users of the program, as a guide for programmers maintaining the computer system, or as a guide for future programmers who wish to understand the logic used in writing the program that the documentation describes. The nature and extent of documentation may vary depending on the purpose for which it is prepared.

You advise that the computer documentation standards are a set of features that programs designed for use on the DEC-10 are required to contain, and that apply to other progr~s in addition to SADBDO and DAABDO.

It is clear that dissemination of source code and documentation information regarding a computer program compromises the security of both the program itself and of the underlying data base. Given the extensive networking 1;\etween computers arid the necessity of numerous access terminals for most computer systems, physical restraints to access to the hardware cannot compensate for the loss of security features built into the software.

You assert a number of grounds for exception from required public disclosure for the requested information. In addition, we have received briefS in support of the university's position from the University of Texas System and Texas A&M university system. All the briefs cite the discussion in Open Records Decision No. 401 (1983), and we think it necessary to resolve the threshold issue raised in that open records decision.

Open Records Decision No. 401 concerned a request for computer programs used by the public works department of the oity of Dallas (hereinafter, the "city"]. The city's initial contention was that the programs were not "public information n within the meaning of section 3(a) of the Open Records Act. In this respect the city argued:

The data Which computer programs notations which

composes (sic] the actual are merely scientific indicate how public

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Mr. Jerome H. Supple - Page 4 (ORD-Sal)

information, which is either held in storage or keyed in by an operator at some future date, is to be used together (through overlays, searches, compilations, etc.) to produce additional public information which can be used readily by the City in carrying out its public function. In other words, the program directs the compilation of or search for public information. Taken alone, it is a mere 'formula' without independent public significance, and therefore does not fall within the parameters of the open Records Act.

In a brief submitted in support of the city's position, the University of Texas System argued:

We do not believe that computer software constitutes a 'record' within the meaning of the Open Records Act. computer software is a tool; it is a procedure to be followed in operating upon data and, once loaded into the machine, defines a set of electrical connections necessary to operate upon the data in the desired manner. The very name 'software' was chosen by the computer industry to

. emphasize that a computer program is only an extension of .the computer 'hardware.' Use of ~e Open Records Act to force disclosure of computer software would be equivalent to using the Act to force a state agency to disassemble an office typewriter and photograph the component parts.

Open Records Decision No. 401, noting that "information" is a comprehensive term and that the form of information is not relevant to the applicability of the Open Records Act, concluded that the requested programs were "information" within the meaning of section 3(a) and proceeded to consider the applicability of various of the exceptions to public disclosure enumerated in that section. With respect to programs developed by the city, Open Records Decision No. 401 stated:

To the extent that use of a program would enable the user to gain access to a government computer or its memory banks in an unauthorized fashion, for example, the program may be withheld.

Programs that give access to computer-stored information are analogous, in

.. 247

Mr. Jerome H. Supple - Page 5 (ORD-581)

that respect, to the combinations of safes. Safe combinations are merely notations of mechanical adjustments that must be made to gain access to the contents of the sa~e. The security of the information can be very important, even vital, depending on the contents. The same is true of information allowing access to government computers. Just as there is a difference between Ca) making public particular documents kept in a safe and (b) releasing the safe's combination, there is a difference between (a) making available information stored in a computer and (b) making available information about how to get int2 the computer. The Open Records Act does not require governmental bodies to disclose information that would breach the security of government computers or computer files any more than it requires them to disclose the combinations of safes that might be on their premises.

No statute specifically makes the combinations of' government safes, or programs accessing government computers, confidential information. (Cite omitted.) Nevertheless, the duty to guard them from unauthorized access is implied by statutory prov~s~ons such as section 4.01, article 601b, V.T.C.S.

. . . Statutory responsibility for the proper

care and protection of the property of the state from damage, intrusion or improper usage (1) implies a power to reasonably maintain the confidentiality of information if release of it could result in such damage, intrusion or improper usage and (2) satisfies the requirement that exceptions to the Open Records Act entitlement to information be "expressly provided by law."

In concluding that the requested computer programs were "information" within the meaning of section 3(a) of the Open Records Act, Open Records Decision No. 401 notes the comprehensive dictionary sense of the word "information," and we have no doubt that in the dictionary sense, "information" includes computer programs. However, in its broadest sense, "information" can include almost everything about the world that is capable of being perceived or imagined. A door key is a representation of "information" expressed as a pattern

•

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Mr. Jerome H. supple - Page 6 (ORD-581)

of grooves or notches etched in an oblong metal blank. The sole significance of this information is its utility as a tool in matching the internal mechanism of a lock. One can place a door key on a photocopier and produce a graphic representation of that information. A skilled locksmith could then produce a duplicate key from the photocopied representation of the original. with respect to the requested information in question here, its sole significance is as a tool for the storage, manipulation, and security of other information.

It is axiomatic that the primary consideration in construing statutory language is the intent of the legislature. Citizens Bank of Bryan v. First state Bank. Hearne, 580 S.W.2d 344, 348 (Tex. 1979). A statute should also be construed in a way which best carries out its manifest intent. ~ We further believe that it requires no citation to note the legislature's awareness of the responsibility of public officers and employees for public property entrusted to their care. Accordingly, we cannot believe that the legislature could have intended that the Open Records Act compromise the physical security of information management systems or other government property. Nor is such a result necessary to accomplish the often-quoted purpose set forth in the preamble to the Open Records Act to provide the people with "full and complete information regarding the affairs of government and the official acts of those who represent them as public Officials and employees." While Open Records Decision No. 401 suggested an implied exception with respect to the requested computer programs, we no longer believe it necessary to find an implied confidentiality for the programs, but simply to recognize that the legislature could not have intended that such tools be the kind of "information" comprehended by the term as used in section 3(a). The rationale of Open Records Decision No. 401 is overruled to the extent it is inconsistent with this opinion.

The term "information" as used in the Open Records Act is certainly comprehensive and this opinion in no way limits the applicability of the term only to records required to be kept by law or whiCh can be demonstrated to have some public significance. Industrial Found. of the Soyth v. Texas Indus. Accident ad., 540 S.W.2d 668, 675-76 (Tex. 1976), cert. denied, 430 U.S. 931 (1977); see also 2 Braverman & Chetwynd, Information Law: Freedom of Information. Privacy. Open Meetings. Other Access Laws § 24-4.2 (1985). However, where information has no other significance than its use as a tool for the maintenance, manipulation, or protection of public property, we find that it is not the kind of information made public by section 3(a) of the Open Records Act.

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Mr. Jerome H. Supple - Page 7 (ORD-S8l)

Of course, information maintained within computer information systems is subject to public disclosure unless excepted by the open Records Act. However, the requestor in this case has not requested such information, and, at any rate, the information stored by the requested programs appears to be excepted in its entirety by sections '3(a) (14) and 14(e) of the Open ReCords Act.

As a result of this analysis, we need not examine the applicability of the various exceptions you raise. The requested information may be withheld.

SUMMARY

Where information has no significance other than its use as a tool for the maintenance, manipulation, or protection of public property, it is not the kind of information made public by section 3(a) of the Open Records Act. Accordingly, computer programs used by Southwest Texas State University. to maintain records need not be released.

[ v01::' MARY KELLER First Assistant Attorney General

LOU MCCREARY

JIM MATTOX Attorney General of Texas

Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General

RENEA HICKS Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee

Prepared by John Steiner Assistant Attorney General

250

ATTACHMENT H

JIM MATIOX Attorney Genera;

Supreme COurt BUilding P. O. Bo, 12548 AU$1I1'I, TX. l8n,· 2548 5121475-2501 Telex 9101814·1367 TeleCOPler ~12J475·0266

714 Jackson. SUile 700 Oallas. rx. 75202·4506 2l4/742-8944

4824 Alberta Ave .. Suite 160 El Paso, TX. 19905·2793 9151533<).484

• Texas. Suite 700 Houston. TX. 17002·3111 7131223·5886

806 Broadway, Suite 3'2 Lubbock, TX. 79401-3479 8061747·5238

4309 N. Tenth. Suite B McAllen, TX. 78501·1665 512/682-4547

200 Main Plaza, SUlle 400 San An1oniO. TX. 78205·2797 5'21225-419'

An Equal Opportumtyl Affirmative Acttof"l Employer

251

The Attorney General of Texas

November 7, 1983

Mr. Edward R. Perry Assistant City Attorney City of Dallas City Hall Dallas, Texas 75201

Dea r Mr. Perry:

,Open Records Decision No. 401

Re: Availability of computer programs under the Open Records Act

You have asked if the Texas Open Records Act, article &252-17a, v.T.e.S., requires the city of Dallas to make computer programs used by its public works department available toa requestor. The programs requested include (1) programs written by city employees for city use, (2) programs written by other governmental agencies and modified by city employees for city use, and (3) programs obtained by the city from private sources, either by purchase or loan •

Computer "progX'amstt a.re not the same thing as computer "tapes" that hold stored information, although some programs may be held in tspe form. See Open Records Decision No. 352 (1982). "Programs" are sequences of Coded instructions that can. be inserted or entered in a computer to give it a plan or system under which the computer may progress toward a goal. such as solving B mathematical problem, generating useful data, or retrieving information from computer memory banks. In other words, computer programs instruct computers -- step bv step how to accomplish particular objectives. See Apole C~mputer. Inc. v. Franklin Computer Corp., 52 U.S.L.W. 2134-crrd~ Aug. 30, 1983). Cf. 17 U.S.C. §101, as amended by the Computer Software Copywright Act of 1980, Pub. L. 96-517 §10(a), 94 Stat. 3028.

The Texas Open Records Act makes available to the public "[a]l1 information collected, assembled, or maintained by governmental bodies .•• [in] the transaction of official business, n with certain specified exceptions. V.T.C.S. art. 6252-17a, 53(a). Your initial contention is that the Open Records Act does not reqUire release of programs because they do not come within the act t s definition of IIpublic records. 1f We examine that question first.

Section 2(2) of the Open Records Act states:

t Public records t meanS the portion of all documents, Writings. letters t memoranda, or other written, printed. typed, copied, or developed materials which contains public information.

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Mr. Edward H. Perry - Page 2

-,~ argue that the programs are not public records because the data they contain are not in one of the forms specified in section 2 (2), .and because computer programs do not contain "public information'l as contemplated by section 3(a). You maintain that data comprising computer programs are merely scientific notations indicating how information (that is either held in storage or is to be later keyed in by an operator) is, to be used (a) to produce additional information, or (b) to employ information in a new way. Taken alone. you contend. a program is a mere "formula" wfthout independent public significance, and does not fall within the parameters of the Open Records Act.

The poiicy of the act, declared in the first section thereof. is that all persons are. unless otherwise expressly provided by law,

entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials or employees. (Emphasis added).

It is no!: necessary that an item of information have "independent public significance" to come within the act. It need only constitute "information collected, assembled, or maintained by [a governmental body in J • • • the transaction of official business •• "The Open Records Act speaks of "information" in the ordinary, comprehensive sense. The term includes all knowledge obtained from investigation, "cudy, or instruction. See Webster's New Collegiate Dictionary (1977). at 592. Information does not escape the act merely because it is expressed as a "formula" or is in some other coded form. Cf. Open Records Decision No. 305 (1982). ---

Nor is information outside the act merely because it is captured' and exchanged by means of magnetic tape or disks rather than paper documents. The term "developed materials" used in section 2(2) is comprehensive enough to include mediums of information not yet devised at the time the act became law. See Open Records DeCision Nos. 352 (1982); 182 (1977); 65 (1975); 32 (1974).

Inasmuch as we conclude the computer programs sought are developed materials which contain information collected, assembled or maintained in the transaction of official business, they must be released unless they fall within one of the act's eighteen exceptions. You have expressly invoked two exceptions: the "advantages to competitors or bidders" exception found in subsection 3(a) (4) of the act; and the subsection 3(a) (10) "trade secrets and commercial or financial information" exception. A third, the subsection 3(a) (1) "confidential by law" ,exception. is raised by the character of the material requested and by your arguments. Cf. Open Records Decision No. 344 (1982). -

A handwritten or printed computer program is someyhat analogous to a written or printed musical score. The input notations

"

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Hr. Edward H. Perry Page 3

meaninglest. to those not trained to read them -- can be converted by :he use of instruments inte a performance (output) capable of being recorded or preserved on tape, disk or other medium. The object of a musical performance is ordinarily satisfaction of, the senses ; the object of a computer's performance is ordinarily the' satisfactory solutien of a technical. business or other problem. In both cases, the notations and the patterns of recorded perf'ormances contain informarion arranged to achieve the objective. but access to perforn:ances alone (or their patterns) wtll not ordinarily reveal the source notations in detail. Just as the terlll "music" can describe both a symphony perforwaQce and its written score, the terlll "cOIIIputer program" can properly describe the recorded. object-coded, performance pattern on the computer as well as the source-coded instructions that resulted in the performance. See 3 Computer/Law Journal I, Another Look At: Copyright Protection Of Software: Did the 1980 Act 'Do Anvthin~ For Object Code?

A composer may limit: the persons able to perform his symphony exactly as he wrote it: by restricting' access to the score (even if copies of its performance have been widely distributed). Similarly, the creator of a comput:er program'can prevent the plagiarized use of his creation by rest:ricting the coded source of the produced perforcance. Often. there will be a need to protect the product. as "ell as its source; from unsuthori'led use. We understsnd £rOftl your lener that the city of Dallas wishes to procect both source-code programs and produced, object-code programs in its possession.

Subsection 3 (a) (4) of the Open Records Act ~low8 the suppression of "information which, if released, would give advantage to competitors or bidders." This prOVision, never ,construed by texas courts. has been limited by this office to situations "here there is a showing of some specific. actual or potential harm in a particular competith'c context. See Open Records Decision No. 331 (982). Similarly, this office hps concluded that the subsection 3 (a) (10) exception for "trade secrets" does oot protect anything not already protected by the subsection 3 (a) (1) "confidential by la..... exception. and is more limited. ~ Attorney General Opinion 8-258 (1974); Open Records Decision Nos. 233 (1980); 173 (1977).

Because the penumbra of section 3(a)(1) w111 generally cover everything excepted by sections 3(a)(4), 3(a)(10), and more. it is often advantageous to examine it first. In its entirety. the prOVision excepts: "information deemed confidential by law. either Constitutional, statutory, or by judicial decision." The phrase "by judicial deciSion," means pursuant to law, including the common law. as interpreted by the courts. See generally Industrial Foundation of the South v. Texas Industrial Accident Board. 540 S.W.Zd 668 (Tex. 1976); Open Records Decision No, 309 (1982). The application of subsection 3 (a) (1) is not limited to "particular competitive situations," nor to information "obtained from a person," but Some of the programs at issue would be protected in any event.

254

Mr. Edwa.rd H. Perry - Page 4

We are advised that the private firm that loaned two of the programs 'to the city restricts knowledge of their content and limits their use to a few of its employees. The source codes for the programs are kept under lock. and only load (object code) modules are ordinarily available to such users. The programs sre used to plot .;ross-sections of streams from raw data. increasing the efficiency of engineers and reducing costs. which gives the firm a competitive edge that would be lost if the programs were released to others. Both programs were developed over a period of severa.l years at substantial cost; The firm which supplied the programs to the city objects' to their release and demands that all copies possessed by the city be destroyed if they cannot be protected from disclosure. Cf. Open Records Decision Nos. 296 (1981); 175 (1977).

This office has followed the lead of National Parks and Conservation Association v. Morton, 498 F .2d 765 (D. C. Cir. 1974). See Open Records Decision No. 309 (1982). There, the court declared that for purposes of an exemption found in the federal Freedom of Information Act, 5 U.S.C. §552(b) (4). that is ,similar to the subsection 3(a) (10) exelllption of th" Open Records Act, commercial or financial matter is confidential if disclosure would likely impair the government's ability to obtain necessary information in the future or cause substantial harm to the competitive position of the person from whom the information was obtained. CE. Apodaca v. Montez, 606 S.W.2d 134 (Tex. Civ. App. - £1 Paso 1980. no writ).

It appears that both effects would likeJy result from the release of the two loaned programs. The prospective competitive harm has been described above. and you .advise that both private and governmental entities would be reluctant voluntarily to supply the city with programs in the future if programs of such a character are released to' the public. To the extent that the release of these or any other of the requested programs would have the effect of substantially damaging the competitive, position of private suppliers of programs, or impair the ability of the city to obtain programs from private suppliers in the future. they may be withheld. See Open Records Decision Nos. 292 (1981); 256 (1980). -

The release of wholly government-generated programs will seldom cause "competitive harm" to a government or impair the ability of orie governmental unit to obtain them in the future from anocher unit if the programs concern only governmental funct.ions and are of a type net protected from disclosure in the hands of the forwarding govern~ental body. Cf. V.T.C.S. art. 6252-12a, §5A; Open Records Decision Nos. 231, 227 (1979); 124 (1976); 99 (1975). But not all government-generated computer programs are unprotected. To the extent that use of a program would enable the user to gain access to a government computer or its memory banks 1n an unaut:horized fashion, for example, the program may be wichheld.

255

Hr. Edward If. I'erry - I'."~e S

Programs that give access to computer-stored information are analogous. in that respect, to the combinations of safes .. Safe combinations are merely notations of mechanical adjustments that must be made to gain access to the contents of the safe; The security of the information can be very important, even vital. depending on the contents. The same is true of information allowing access to government computers. Just as there is a difference between (a) making public particular documents kept in a safe and (b) releaSing the safe's combination. there is a difference between (a) making avallableinformation stored in a computer and (b) making available information about how to get ~ the computer. The Open Records Act does not require governmental bodies to disclose information that would breach the security of government computers or computer files any more than it requires them to disclose the combinations of saf.es that might be on their premises.

No statute specifically makes the combinations of governcent safes. or programs accessing government computers. confidential information. Cf. V.T.C.S. art. 2558a. §14; V.T.C.S. art. 6252-13b. §5A. Nevertheless, the duty to guard them from unauthorized access is implied by statutory provisions such as section 4.01, article 60lh, V.T.C.S., reading in part:

(a) [The State Purchasing and General Services Commission] shall have charge and control of sll public buildings, grounds and property of the state. and is the custodian of all public personal property. and is responsible for the proper care and protection of such property from damage, intrusion, or improper usage • • •• (Emphasis added).

See also V.T.C.S. art. 2558n, §14; V.T.C.S. art. 4413(32h), §9(a) •.

In Attorney General Opinion H-483 (1974), subsection 3(a)(1), of the Open Records Act loIas said to protect from disclosure the questions on examinations given by a state board. although no express provision of law made the questions confidential. The opinion noted that the board had a statutory duty to conduct examinations, that revealing the questions to be asked loIould render the examinations useless. and that a grant of an express power carries with it by necessary implication every other power necessary for the execution of that power. See 53 Tex. Jur. 2d. Statut~s §141; 47 Tex. Jur. 2d, Public Officers §Ito.

Statutory responsibility for the proper care and protection of the property of the state from damage, intrusion or improper usage (l) implies a power to reasonably maintain the confidentiality of information if release of it could result in such damage. intrusion or improper usage and (2) satisfies the requirel/lent that exceptions to the Open Records Act. entitlement to information be "exp-ressly provided by law." Cf. V.T.C.S. art. 60th, §4.13. Of course, an agency's

256


~~'tet"minQtion of the "reasonableness" of withholding information on such grounds in a particular case'is subj~ct to review by this office. V.T.C.S. art. 6252-l7a. §7. In Industrial Foundation of thtl South, Inc. v. Ttlxas Industrial Accidtlnt Board. 540 S.W.2d 668 (Tex. 1976), our supre~e court said:

The means of access to information in government records may be controlled by the determination of what records must be disclosed. insofar as the procedure must adequately protect information deemed confidential from improper disclosure. If a direct computer tie-in could not be effectuated without giving the Foundation access to information to which it is not entitled. then of course the procedure would not be acceptable.

540 S.W.2d at 687.

"Security." however, is not the only basis for protecting the confidentiality of government created computer programs. Under certain circumstances, they can be sul>ject to copyright protection. trade secret protection. and the protection of patent laws. See 6 A.L.R. Fed. 15&, Patentability of Computer Programs: 3' Computer/Law Journal 211, Trade Secret Protection for Software Generally and In the Mass Market: 3 Computer/Law Journal 19, The Supremacy of Federal Copyright Law Over State Trade Secret r.aw for Copyrightable Computer Programs Marked with a Copyright Notice. Programs' are,not necessarily devoid of such protection merely because they have been generated ar created by or on behalf of governmental units. Cf,. V. t.C. S. art. 601b, §3.26; Southwestern Broadcasting Company v. Oil Center Broadcasting Company, 210 S.W.2d 230 (Tex. Civ. App. - EI Paso 1947.writ ref'd n.r.e.), holding, approved, University tnterscholastic League v. Midwestern University, 255 s.W.2d 177 (Tex. (953).

We are aware that Open Records Decision No. 231 (1979) declared the following:

The fundamental policy of openness established by enactment of the Open Records Act does nOt permit a governmental body to use secrecy to gain competitive advantage over private entities. Governmental bodies may not he regarded -as being in competition with priVate enterprise so as to permit them to wiChhold information under section J(a){4). Open Records Decision No. 99 (1975); see Open Records Dec,ision Nos. 217 (t 978); 124 (1976) •••

We conclude, hmtever, that the ~oregoing statement 1s too broad. Governmental bodies sometimes act in a. p~oprietary capacity rather than a governmental capacity. ~ Reeves, Inc. v. Stake. 447 U.S. 429

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Hr. Edward H. Perry - Page 7

(1980); Citv of Galveston v. Posnainskv, 62 Tex. 118 (1884). Cf. State v. Morgan, 170 S.W.2d 652 '(Tex. 1943). explaining State v. Ellioe, 212 $.W. 695 (Tex. Civ. ApI'. - Galveston 1919. writ ref'd). The decision on which the statement was based, Open Records Decision No. 99 (1975), involved information developed and held by the city of Dallas in its governmental capacity., and did not purport to 'rule on information held in a proprietary capacity. Nor has any decision of this office, other than Open Records Decision No. 231, purported to do so. See Open Records Decision Nos. 227 (1979); 153 (1977), 124 (1976)-:-

There is no "fundamental policy" of the Open Records Act that deprives governmental bodies of the act' s express exceptions for proprietary information. If the information is developed or held by'a governmental body in a proprietary capacity. it may be withheld under subsection 3(a) (t) on the same statutory or common law grounds that allow protection for proprietary information obtained from private persons under the same circumstances. Cf. Hustead v. Norwood, 529 F.Supp. 323 (S.D. Fla. 1981). -

Open Records Decision No. 231 also incorrectly construed tbe subsection 3(a) (11) exception for "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than .one in litigation with the agency." The subsection is panerned after a counterpsrt in the federal Freedom of Information Act. and in its "discovery" aspect. makes confidential certain information protected frOill discovery by statnte or rule of civil procedure. See Attorney General Opinion 11-436 U974); Open Records Decision NOS-:-308 (1982.); 251 (1980). At least to that extent, subsection 3 (a) (1i) also reaches matters which are "deemed. confidential by 18"''' and ,are protected under subsection 3 (a)( I}.

In Federal Open Market Committee v. Merrill, 443 U.S. 340 (1979). a decision rendered several months before Open Records Decision No. 231 was issued, the United States Supreme Court held that the "discovery" feature of the federal exception incorporated a limited privilege for governm~nt-generated commercial and financial information -- contrary to the conclusion in Open Records Decision No. 231. 'Open Records Decision No. 231 may have reached the proper result, but it was based on faulty reasoning. Its rationale is disapproved.

We do not have sufficient information to determine whether all of the programs requested here should be "deemed confidential by law" in whole or in part, either because of their proprietary chara~t:er) the security risk that would be ~ntailed in releasing them. or the discovery privile~e. Except for the two programs loaned by the private supplier and discussed above (which may be Io'ithheld from the puhlic in their entirety). you ::;hould make an initial determination about the disclosability of each program or part thereof requested., based on the foregoing discussion. For ~of them that you consider

258


e>.cepted from required disclosure, y<>u must provide this office with a detailed explanation of the reasons therefor within ten days of YDur receipt of this decision.

tie caution that authority to withhold programs, even when the ~uthority is available, does not necessarily mean that information "collected, assembled, or· maintained" by the use of the programs may be withheld as well. Infornation e"tractel! from computer tiles bv computers using computer programs. is nO.t different qualitatively from information on paper or another medium, and information that .would be releasable in a different form will not ordinarily be protected from disclosure merely because it is kept in the form of a computer tape or disk. See Open Records Decision No. 352 (1982). Cf. Yeager v. Drug Enforcement Administration. 678 F.2d 315 (D.C. Cir. 1982); Long ·v. United States Internal Revenue Service, 596 F.2d 362 (9th Cir. 1979).

TOll GREEN First Assistant Attorney General

DAVID R. RICHARDS Executive Assistant Attorney General

Prepared by Bruce Youngblood As~istant Attorney General

APPROVED: OPINION COMMITTEE

Rick Gilpin. Chairman Jon Bible Colin Carl Susan Carrison Jim Moellinger Nancy Suttor. Bruce Youn~blood

07:"' JIH MATTOX Attorney General of Texas

259

ATTACHMENT I

July 26, 2011

DALLAS COUNTY

CRAIG WATKINS DISTRICT ATTORNEY CIVIL DIVISION

Honorable Greg Abbott Office of the Attorney General Open Records Division P.O. Box 12548 Austin, Texas 78711

260

Via Facsimile (512) 463-2092

RE: Request to the Dallas County Dept. of Health & Human Services (DCHHS) for "Access to Public Equipment" (Exhibit A), specifically, access to:

I) View and or videotape any or all county equipment supplied by the vendor Wai Wize;"

2) Any materials produced by Wai Wize in association with Professional Services Contract 756000905612006 Attachment #17 and the $24,500 authorized payment for a 'Crisis Communication Distribution Plan' to improve and fine tune the County bioterrorism and natural disaster preparedness plan;

3) The 3 Climate Controlled Storage Units purchased by Wai Wize @ $40,000 per unit; and

4) Satellite equipment provided by W",i Wize.

Dear Attorney General Abbott:

On July 22, 25, and 26 DCHHS received emailed requests for access to certain equipments and storage areas as referenced above. (See Exhibit A). The items requested are tangible items and not public "information" as that term is defined in Section 552.002 of the Texas Government Code. Our Office has informed Mr. Shipp that a governmental body is not required to release such tangible evidence to the requestor under the Texas Public Information Act.

Please confirm County's position base on your rulings in this matter, including 0R2004-8439 and 0R2005-1968

Sincerely,

'7ZIL('~ .. Thao La Assistant District Attorney

cc; Brett Shipp News 8 Investigates: WFAA-TV 606 Young St Dallas, TX 75202

(Via email attachmentbshipplolwfaa.com)

Administration Building 411 Elm Street 5th Floor Dallas, Texas, 75202 214/653-7358 Fax 214/653-6134

Thao La

From: Sent: To: Cc: Subject:

261

EXHIBIT A

Zachary Thompson Tuesday, July 26, 2011 10:20 AM Shipp, Brett; Thao La Gordon Hikel; Darryl Martin RE: Access to Public Equipment Request

Thao: Could you respond to Mr, Shipp's e-mail below? I have copied Mr, Shipp on this e-mail.

From: Shipp, Brett [mailto:bshipp@wfaa,comj Sent: Tuesday, July 26, 2011 9:40 AM To: Zachary Thompson Subject: FW: Access to Public Equipment Request

Zach,

I am moving forward with a story on the DCHHS engagement of Wai Wize, I would like to do an interview with you, on camera, about the services they have provided since 2002, We are, for a second time, seeking immediate access to the satellite equipment provided by Wai Wize, Are you available today to do that?

Brett Shipp News 8 Investigates WFAA-TV 606 Young Street Dallas, TX, 75202

From: Zachary Thompson [mailto:Zachary,Thompson@dallascounty,orgj Sent: Monday, July 25, 2011 9:25 AM To: Shipp, Brett Cc: Gordon Hikel; Thao La; Darryl Martin; Mindy Fancher Subject: RE: Access to Public Equipment Request

BreIt,

1

262

I have copied Gordon Hikel, Dallas County DA's Office, on (his e-mail to assign an altorney to resJlond (0

your e-mail. Thanks!

From: Shipp, Brett [mailto:[email protected]] Sent: Monday, July 25, 2011 9: 11 AM To: Zachary Thompson Subject: RE: Access to Public Equipment Request

Zach,

Please add to my request for information and access under the Texas Public Information Act the following:

• Any materials produced by Wai Wi,e in association with Professional Services Contract 7560009056/2006 Attachment #17 and the $24,500 authorized payment for a "Crisis Communication Distribution Plan" to improve and fine-tune the County bioterrorism and natural disaster preparedness plan.

• Access to the 3 Climate Controlled Storage Units purchased by Wai Wi,e @$40,000 per unit.

Thanks!

Brett Shipp News 8 Investigates WFAA-TV 606 Young Street Dallas, TX. 75202

From: Zachary Thompson [mailto:[email protected]] Sent: Friday, July 22, 2011 10:16 AM To: Shipp, Brett Cc: Smith, Mark; Valentine, Michael; Berg, Chris; Watler, Paul; Gordon Hikel; Grant Brenna; Mindy Fancher Subject: RE: Access to Public Equipment Request

Brett,

I have copied Gordon Hikel, Dallas County DA's Office, on this e-mail to assign an attorney to respond to your e-mail. Thanks!

From: Shipp, Brett [mailto:[email protected]] Sent: Friday, July 22,201110:11 AM To: Zachary Thompson

2

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Cc: Shipp, Brett; Smith, Mark; Valentine, Michael; Berg, Chris; Watler, Paul Subject: Access to Public Equipment Request

July 22, 2011

Zachary Thompson Dallas County Health and Human Services Dir, 2377 N, Stemmons Freeway, Ste, 600

Dear Mr. Thompson

As requested, I am filing a formal request for access to view and or videotape any or all county equipment supplied by the vendor Wai Wize, As we are on deadline, and I made this request on Thursday July 21, I will consider and report the county

as being non-responsive to this request by the end of business today, Friday July 22, 2011.

Brett Shipp News 8 Investigates WFAA-TV 606 Young Street Dallas, TX, 75202 214-236-4532

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DALLAS COUNTY OFFICE OF INFORMATION TECHNOLOGY

August 9, 2011


FROM: Darryl Martin

SUBJECT:

PURPOSE

Dallas County Administrator

Project Proposals for the Adult Case Management System (ACMS) Phase 2: TechShare Justice - Criminal Courts Module Planning, and TeehShare Justice - Prosecutor Module Planning

The purpose of this briefing is to obtain the approval of the Dallas County Commissioners Court to participate in the Adult Case Management System Phase 2 Projects, Criminal Courts Module Planning and Prosecutor Module Planning, under the auspices of the Texas Conference of Urban Counties (Urban Counties) TechShare program. With the Commissioners Court approval, the County Judge will be authorized to execute the associated Interlocal Agreements for the Adult Case Management System (ACMS) Phase 2 Projects.

BACKGROUND

Dallas, Tarrant and Travis Counties, respectively, organized a working group for the purpose of establishing a vision and direction for the development of the Adult Case Management System, a new integrated eriminal justice system for Texas counties. In September 2010, the Dallas County Commissioners Court approved participation in the ACMS Phase I Project under the auspices of the Texas Conference of Urban Counties (Urban Counties) TechShare program. In addition to Dallas County, Bell, Collin, Denton, Galveston, Midland, Tarrant and Travis Counties, respectively, participated in the ACMS Phase I Project. The project was completed in May 2011 with the acceptance of three deliverables:

Draft Rules for the Electronic Filing of Cases to the Criminal C01ll1s

The draft rules were submitted to the Texas Supreme Court's ludicial Committee on Information Technology (JCIT) for adoption.

Strategic Plan

The Strategic Plan provides an update for the Common Integrated Justice System (CIJS) that provides a vision for the future of county justice systems in Texas.

ACMS Software Development Project Proposal

411 Elm Street - 3,d Floor, Dallas, Texas 75202-3340 (214) 653-7339. Fax (214) 653-6517. [email protected]

265

The ACMS Phase I Project resulted in two project proposals, for the joint development of a criminal courts and prosecutor modules.

At least four counties are considering participating in the next phase of ACMS, to complete detailed planning for the joint development of the criminal courts and prosecutor modules. In addition to Dallas County, Bell, Tarrant and Travis Counties are likely to participate in the ACMS Phase 2 Project.

The Dallas County Commissioners Court can elect to participate in either or both of the projects. It is the recommendation of the County Administrator that the Commissioners Court authorize participation in both projects.

TechShare Justice - Criminal Courts Module Planning

The purpose of this project is to establish the detailed specifications, plans and budget for development of a Criminal Courts module (TechShare Justice - Criminal Courts) that will be owned and operated by the Urban Counties on behalf of end users. A critical part of the planning project will be to determine whether the module will be built "from scratch" in a manner similar to the development of the Juvenile Case Management System, or whether the module will be built on a foundation provided by a vendor who:

I. Has experience building court case management systems;

2. Is willing to share the ownership of critical intellectual property (software) components with the Urban Counties; and

3. Is willing to comply with the strategic technical strategy and architecture for the next generation justice systems that will serve the needs of all counties in Texas.

The deliverables from this six (6) month project will be:

1. Detailed system model and specifications at a level with sufficient detail to accurately price the development of the Criminal Courts module;

2. A recommended "buy some or build all" strategy, along with the framework for a contract with a development partner if the Urban Counties elects to partner with an established comi system vendor; and -

3. A project proposal and budget for developing the Criminal Courts Module.

The estimated cost ofthe Criminal Courts Module Planning Project is $505,000. Most of the funding (approximately $368,000) will be used to supply technical personnel and contractors who will prepare the deliverables under the management and oversight of the TechShare Program Manager ofthe Urban Counties.

Funding will also be provided for limited travel by county staffto participate in project working sessions at the TechShare Development Center.

For each county in addition to Dallas and Tarrant, the cost of the project will increase by either $50,150 for counties with population less than 500,000 and $66,150 for counties with population of 500,000 or more. In either case, the costs for the expected paIiicipants would be reduced if additional counties elect to participate in the project. The detailed project budget is provided in the Interlocal Agreement that is attached to this agenda item.

The project stmi date will be September 1,2011. The project will be completed by the end of January 2012.

Dallas County's share of the cost ofthe project will not exceed $286,297. If more counties participate in the project, the cost to Dallas County will be lower and the difference in cost will be refunded from the Urban Counties, just as it was during the first phase of the ACMS Project.

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266 With the approval of the Dallas County Commissioners Court, the County will pmiicipate in the ACMS Phase 1 project at a cost not to exceed $286,297.

If this proposal is adopted by the Commissioners Courts of Dallas, and Tarrant Counties, respectively, the TechShare Justice -- Criminal Courts Module Planning project will be activated.

TechShare Justice -Prosecutor Modnle Planning

The purpose of this project will be to finalize the detailed specifications, plans and budget for development of a Prosecutor module (TechShare Justice - Prosecutor) that will be owned and operated by the Urban Counties. The Prosecutor Module will be built on the initial work already completed by Tarrant County as part of its integrated criminal justice project. Xpedient Technologies will perform most of the analysis and, subsequently, development work to complete the first version of the Prosecutor module. Xpedient Technologies is the vendor selected by Tarrant County to develop the next generation of their electronic case filing system which includes extensive functionality for the prosecution of criminal cases.

The deliverables of the TechShare Justice - Prosecutor Module Planning Project are as follows:

I. Prosecutor Business Model and Requirements;

2. Prosecutor Module Softwm·e Development Plan;

3. Prosecutor Module Software Development Project Budget and Cost Allocation Plan;

4. Implementation Plan and Cost Estimate (per participating county); and

5. TechShare Justice - Prosecutor Module Software Development Project Proposal.

The estimated cost ofthe Prosecutor Module Planning Project is $276,000. Of this amount, approximately $125,000 will be used to contract with Xpedient Technologies to perform the analysis work necessary to complete the project deliverables. About $85,000 will be used to provide technical resources through professional services contracts using the staff services providers under contract to the Urban Counties.

For each county in addition to Dallas and Tarrant, the cost of the project will increase by either $31,000 for counties with population less than one million (1,000,000) and $60,000 for connties with population of one million (1,000,000) or more. In either case, the costs for the expected participants would be reduced if additional counties elect to participate in the project. The detailed project budget is provided in the Interlocal Agreement that is attached to this agenda item.

The project start date will be September I, 2011. The project will be completed by the end of December 2011.

Dallas County's share ofthe cost of the project will not exceed $156,471. If more counties participate in the project, the cost to Dallas County will be lower and the difference in cost will be refunded from the Urban Counties, just as it was during the first phase of the ACMS Project.

With the approval of the Dallas County Commissioners Court, the County will participate in the ACMS Phase I project at a cost not to exceed $156,471.

If this proposal is adopted by the Commissioners Courts of Dallas, and Tarrant Counties, respectively, the TechShare Justice Prosecutor Module Planning project will be activated.

Page 3 of 4 8/3/2011

267 NEXT STEPS

With the approval of the Court, the Dallas County Judge will execute the !nterlocal Agreements for the Adult Case Management System (ACMS) Phase 2 Projects on behalf of the County, confirming Dallas County's participation in both the Criminal Courts Module and Prosecutor Module Planning project. Payment will be issued to the Texas Conference of Urban Counties in the amount of $442,768.

RECOMMENDATION

It is recommended that the Commissioners Court authorize the Dallas County Judge to execute the !nterlocal Agreement for the Adult Case Management System (ACMS) Phase 2 Projects on behalf of the County to confirm the County's continued PaIiicipation in both the TechShare Justice - Criminal Courts Module Planning and the TechShare Justice - Prosecutor Module Planning projects. Furthers it is recommended that the Commissioners Court approve payment to the Texas Conference of Urban Counties as a participant in both projects in the amount of $442,768.

It is recommended that the Commissioners Court appoint Commissioner Mike Cantrell as the County's representative to the TechShare Oversight Board that will be established by the Urban Counties to oversee the projects on behalf of the participating counties.

Recommended by:

Darryl Martin Dallas County Administrator

Attachments:

TechShare Justice - Criminal Courts Module Planning Project Proposal

Interlocal Agreement for Participation in the Urban Counties TcchShare Program for the Planning Project for the Criminal Courts Module ofthe TechShare Justice Shared Resource

TechShare Justice - Prosecutor Module Planning Project Proposal

!nterlocal Agreement for Participation in the Urban Counties TechShare Program for the Planning Project for the Prosecutor Module of the TechShare Justice Shared Resource

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"', TEXAS Conference of

Urban Counties I!/L[echShare

-==!:j/j!

INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE URBAN COUNTIES TECHSHARE PROGRAM

FOR THE PLANNING PROJECT FOR THE CRIMINAL COURTS MODULE OF THE TECHSHARE JUSTICE SHARED RESOURCE

I.

PURPOSE

This Interlocal Agreement (hereinafter, "Agreement") is entered by and among the undersigned Local Governrnents (hereinafter, "the Participants"), acting by and through their respective governing bodies, pursuant to and under authority of the Interlocal Cooperation Act, Chapter 791 of the TEXAS GOVERNMENT CODE, and Texas Conference of Urban Counties, Inc. (hereinafter, "the Urban Counties"), a nonprofit corporation created to provide Governmental Functions And Services on behalf of its members, pursuant to and under authority of TEXAS GOVERNMENT CODE § 791.013, for the purpose of participating in the Urban Counties' TechShare Program. The undersigned Participants, any other governmental entities adopting this Agreement, and Urban Counties may be referred to in this Agreernent individually as "Party" and collectively as "Parties." The Parties agree that, by adopting this Interlocal Agreement, they will participate in the TechShare Justice - Criminal Courts Module Planning Project (hereinafter, "the Project").

II.

RECITALS

WHEREAS, governmental entities in the State of Texas, including Local Governments, have the ability to realize substantial savings by jOintly planning, developing, procuring, operating, or maintaining information technology projects necessary to conduct business for their citizenry; and

WHEREAS, Urban Counties has created TechShare, a program whereby governmental entities may collaborate on information technology projects and sharing of information technology and related resources in order to realize economies of scale and cost savings by jointly developing, procuring, operating, maintaining, and enhancing Projects and Resources; and

WHEREAS, the Participants and Urban Counties desire to enter into this Agreement pursuant to the Texas Interlocal Cooperation Act (Chapter 791, TEXAS GOVERNMENT CODE) to conduct the planning phase prior to the developrnent of the Criminal Courts module of the TechShare Justice Resource; and

WHEREAS, the Participants as authorized by § 791.Q13 of the TEXAS GOVERNMENT CODE hereby designate Urban Counties to supervise and administer the performance of this Agreement by providing contract supervision, contract administration, and other services necessary to accomplish the purpose of this Agreement; and

WHEREAS, this Agreement describes the rights and responsibilities of the Participants in their joint endeavor(s) under TechShare and the role of Urban Counties as contract supervisor and administrator; and

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WHEREAS, each Participant finds that its payments for services performed pursuant to this Agreement may be made from current revenues that are readily available; and

NOW, THEREFORE, in consideration of the promises, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participants and Urban Counties agree as follows:

III.

ADOPTION OF RECITALS AS FINDINGS OF FACT

The Participants, acting by and through their respective governing bodies, individually and collectively, do hereby adopt and find the foregoing premises as findings of fact.

IV.

DEFINITIONS

Other terms used in this Agreement that are not defined, but defined in any of the other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which will include any exhibit, attachment, addendum, or associated document, will have the same meaning as in those other documents. For purposes of this Agreement and all other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which inciudes any exhibit, attachment, addendum, or associated document, terms defined in Chapter 791 of the Texas Government Code will have the meaning defined in Chapter 791, unless the context of their use dictates otherwise.

A. "Project Start Date" means the date by which a county must approve this Agreement to participate in TechShare Justice - Criminal Courts Module - Planning and pay their respective costs. The Project Start Date is September 1, 2011.

V.

SCOPE OF SERVICES FOR TECHSHARE JUSTICE - CRIMINAL COURTS MODULE PLANNING PROJECT

A. The Parties will complete the following:

1. Prepare high-level criminal courts business model and system requirements which delineate how the criminal courts case management function is performed within each participating county. This model will especially focus on highlighting material differences in how a business function is performed across counties. The model and requirements will have sufficient detail to establish accurate and firm pricing for development of the Criminal Courts module. This model and requirements will also highlight potential opportunities for business process change within a participating county's environment.

2. Establish the go-forward development approach for the TechShare Justice -Criminal Courts Module based on either a "build all" or "buy some/build upon" strategy. This go-forward approach will be developed through a process that includes evaluating vendors with the following minimum qualifications: (1) Experience in building and implementing high performance justice systems; and (2) Willingness to share the ownership with Urban Counties of pre-existing intellectual property that forms the basis for the ACMS criminal courts module.

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3. Prepare a project proposal to develop the TechShare Justice - Criminal Courts Module. Included in the project proposal will be specific strategies and plans for the implementation of the TechShare Justice - Criminal Courts Module in each of the participating counties and a contract framework for working with a courts system development partner if the strategy adopted by Urban Counties involves building the system on an established integrated justice development framework.

B. The deliverables for the Project, and the associated schedule for each deliverable, are:

1. Criminal Courts Business Model and System Requirements - Within two (2) months after the Project Start Date a high-level business model and consolidated set of system requirements will be developed which delineates through process flows and supporting text the key business processes within the scope of the TechShare Justice - Criminal Courts Module. This model will specifically highlight key differences that may exist between the business processes of each participating county. This deliverable will be prepared by consolidating and packaging requirements developed through previous Urban Counties efforts and including additional requirements identified during the TechShare Adult Case Management System (ACMS) strategic planning process or the preparation of the Criminal Courts business model. Urban Counties will produce the business model and system requirements documentation upon receiving necessary input from Participants.

2. Recommended Development Approach - Based on a rigorous and competitive evaluation process, the Oversight Board and Urban Counties will formulate a recommendation for moving forward with the development of the Criminal Courts module. If an acquisition strategy is proposed, a specific developer partner will also be recommended. This analysis will be prepared within five (5) months after the Project Start Date.

3. Criminal Courts Software Development Project Proposal - Within six (6) months after the Project Start Date a Project Proposal will be prepared for the TechShare Justice - Criminal Courts Module software development phase. This project proposal will delineate the scope, approach, schedule, deliverables, anticipated cost, and proposed cost allocation for proceeding with the development of the first version of the TechShare Justice - Criminal Courts Module. An implementation plan, with cost estimates, will be included for each participating county so that counties can set realistic financial and scheduling goals for completing the software and putting it into use within their county. Urban Counties will produce the Project Proposal document based on the recommended development approach and upon receiving timely direction from the Oversight Board and necessary input from Participants.

The Oversight Board, with consent of Urban Counties, may agree to revise the schedule for any deliverable. No revision may result in additional cost obligations to any Party.

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VI.

GOVERNANCE

A. The governance and development of the Project will be through the Urban Counties Board of Directors with assistance provided by the Oversight Board created for the Project.

B. Urban Counties will act as the Administrator for the Project, and is the governing body for TechShare.

1. Urban Counties may contract with third-party vendors to provide project-specific tasks in connection with the Project, on terms and conditions acceptable to Urban Counties.

2. Urban Counties must exercise general oversight over budgets and expenditures for the Project.

3. Urban Counties will execute agreements and workplans, administer funds and budgets, and approve and administer policies as are necessary to ensure the timely completion of the Project.

4. Urban Counties will provide management and oversight of the Project on a day-today basis.

5. Urban Counties will make regular reports to the Oversight Board on matters relevant to the Project, and will provide any other information the Oversight Board may reasonably require.

C. The Project will have an Oversight Board comprised of one representative from each Participant.

1. The Oversight Board will have responsibility for making decisions pertaining to the Project deliverables. Such decisions, however, are subject to approval by Urban Counties.

2. The Oversight Board will recommend any changes to the budget for the Project to Urban Counties for approval.

3. A majority of the members of an Oversight Board will constitute a quorum, regardless of their respective voting strengths.

4. Voting strength per member of the Oversight Board for the Project is equal to each Participant's pro rata financial contribution to the budget of the Project.

5. Oversight Board members will be appointed by the commissioners courts of the Participants. Oversight Board members will serve without compensation.

6. The Chairman of the Oversight Board will be aPPointed from among the OverSight Board members by the Urban Counties Board of Directors. The Chairman of an Oversight Board will preside over meetings of the Oversight Board.

7. The Oversight Board will review the status of progress for the Project to ensure timely achievement of the goals set forth in the scope of services for the Project.

D. The Oversight Board may create one or more subcommittees as is necessary to assist and make recommendations to the Oversight Board and Urban Counties on matters relevant to the scope of services for the Project or the approval of deliverables pertaining to the Project.

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VII.

BUDGET

A. The budget for this Project is $505,000 and is attached as Attachment A. Attachments to this Agreement are a part of this Agreement. The Oversight Board may recommend changes in the budget for approval by Urban Counties, but in no event will the changes cause the budget to exceed the amount for each Participant as determined in accordance with Section VIII.E. and Attachment A.

B. The budget includes travel for two representatives from each Participant for up to five meetings. Travel expenses will be paid in accordance with Urban Counties' Travel Reimbursement Policy, in an amount not to exceed the amount for travel as set forth in Attachment A. Travel expenses for Participant representatives beyond the amount set forth in the budget ($10,000 per Participant) will be the responsibility of the Participants, respectively.

VIII.

ALLOCATION OF COSTS

A. Subject to the calculation in this paragraph and as further exemplified in Attachment A, the Project costs will be divided using the 2010 population of each county. Each Participant's cost will be equal to the proportionate share of its population to the total population of all Participants, but in no event will costs for a Participant be less than $50,150. Each Participanfs cost will not exceed the amount set forth in Attachment A.

B. Urban Counties will invoice Participants before the Project Start Date for their respective share of the Project costs.

C. For planning purposes, it is anticipated that Dallas and Tarrant counties will be Participants. In the event Dallas and Tarrant counties are the only participants, then the distribution of costs will be:

Dallas Tarrant TOTAL

2010 Population 2,368,139 1,809,034 4,177,173

% of Total 56.7% 43.3% 100%

Costs $286,297 $218,703 $505,000

D. If either Dallas or Tarrant fails to approve this Agreement or pay their respective costs by the Project Start Date, then this Agreement may continue in effect as to all Participants if one or more additional counties not set forth above has approved this Agreement and paid their respective costs by the Project Start Date and the participation of those additional county or counties results in either Dallas or Tarrant, if they are Participants, owing no more than the respective amounts set forth above; otherwise, this Agreement shall be null and void as to any Party that has approved this Agreement so as not to commit a Participant to an amount of costs greater than as set forth in Attachment A.

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E. In the event other counties become Participants, the total Project costs will increase as set forth in Attachment A to reflect additional services required by the additional participation. Costs for each Participant will be calculated in the manner as set forth in Attachment A. In no event will the respective costs of a Participant be greater than the amount set forth in Attachment A and approved by the Participant's Commissioners Court without a written amendment of this Agreement approved by the applicable Participant's Commissioners Court.

F. In order to protect Urban Counties and the Participants, the Project will not start until all payments have been received from all Participants. The deadline for payments is the Project Start Date, which is September 1, 2011. In the event one or more additional counties participate in this Agreement resulting in lower costs for each Participant than has previously been paid, Urban Counties shall refund the appropriate amount to each Participant within 30 days of receiving payment from the additional county.

IX.

PROCUREMENTS

Urban Counties will have the authority to conduct procurement functions and enter into contracts with one or more vendors as may be deemed necessary to carry out the purposes of this Agreement. Any procurement of goods to be owned by, or services provided directly to and paid directly by, the participating counties shall comply with all procurement statutes applicable to counties.

X. CONTRACT ADMINISTRATION AND AUDIT RIGHTS

A. Subject to the Oversight Board's oversight responsibilities regarding the Project, Urban Counties is hereby designated by the Participants to supervise and administer the performance of this Agreement as authorized by TEXAS GOVERNMENT CODE § 791.013(a)(3).

B. Subject to the Oversight Board's oversight responsibilities regarding the Project, Urban Counties will have any and all authority necessary to supervise, administer, and carry out the purposes, expressed and implied, of this Agreement, which may include any and all acts necessary and proper for the operation and management of this Agreement.

C. Each Participant shall have the right to inspect and audit the records regarding the Project. Urban Counties shall cooperate in such audit by providing financial records regarding the project. The costs of any audit shall be borne by the Participant desiring the audit.

XI.

TERM

A. In order to participate in the Project a county must approve this Agreement and pay its respective share of costs by the Project Start Date.

B. The Project will be initiated if this Agreement is approved by, and funding received from, the counties of Dallas and Tarrant by the Project Start Date.

C. This Agreement shall be in effect from the Project Start Date and continue through the completion of the deliverables.

XII.

NOTICE

Any notice required to be given under this Agreernent by a Party will be deemed to have been

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given if reduced to writing and delivered in person or mailed by overnight or certified mail, return receipt requested, postage prepaid, to the appropriate address set forth on the respective execution page for each Party or to such other address as may later designated by a Party in writing to all the Parties. Any notice required hereunder that is sent by mail will be deemed to have been given three (3) days subsequent to the date it was mailed.

XIII.

AMENDMENT

A. This Agreernent may not be amended except in a written instrument specifically referring to this Agreement and signed by the Parties hereto. However, notwithstanding the foregoing, the Parties understand and agree that additional Participants may join this Agreement without additional action by the existing Parties, by lawful approval of this Agreement by the respective governing boards of the new Participant(s) and execution of a signature page to this Agreement tendered to Urban Counties.

B. In addition, any modification, alteration, addition or deletion to the terms of this Agreement or any addendum which is required by changes in federal or state law is automatically incorporated within this Agreement without written amendment to this Agreement and will become effective on the date designated by said law.

XIV.

CURRENT REVENUE

The Parties hereby warrant that all payments, expenditures, contributions, fees, costs, and disbursements, if any, required of each of them hereunder or required by any other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which will include any exhibit, attachment, addendum or associated document, will be paid from current revenues available to the paying Party. The Parties hereby warrant that no debt is created by this Agreement.

XV.

FISCAL FUNDING

The obligations of the Participants pursuant to this Agreement are contingent upon the availability and appropriation of sufficient funding.

XVI.

BINDING AGREEMENT, AUTHORITY, PARTIES BOUND

A. This Agreement has been duly executed and delivered to all Parties and constitutes a legal, valid and binding obligation of the Parties. This Agreement may be executed in multiple counterparts. Each person executing this Agreement on behalf of each Party represents and warrants that they have full right and authority to enter into this Agreement.

B. The Parties agree that Urban Counties cannot bind any Participant to any obligations ariSing from agreements between Urban Counties and third-party vendors regarding goods or services provided under contract between Urban Counties and such third-party vendors. Nor can any such vendor contracts create any third-party liability for any Participant.

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XVII.

NO AGENCY RELATIONSHIP

A. By execution of this Agreement, neither Urban Counties nor the Participants intend to create any agency relationship between themselves or any third parties. The Participants will have no equity rights in any of the assets or property of the Urban Counties nor is any Participant liable for any of the debts of the Urban Counties. Assets in the possession of Urban Counties remain the assets of Urban Counties.

B. Participants disclaim any relationship of surety, or indemnification with any other Local Government. Nor is such a relationship created between or among any Participant or group of Participants and Urban Counties. Participants have not, by entering into this Agreement, assumed, in any manner, any liability for the debts of or claims against Urban Counties or any Local Government.

XVIII. NO THIRD PARTY BENEFICIARIES TO VENDOR CONTRACTS

As it enters into contracts with third parties, Urban Counties shall include contractual requirements specifically acknowledging that such contracts do not create or confer any third-party beneficiary relationship, debts, liabilities, or claims against Participants.

XiX.

APPLICABLE LAW

A. This Agreement is expressly subject to the Parties' sovereign immunity and other governmental immunity under applicable federal and slate law.

B. This Agreement is to be governed by and construed in accordance with the laws of the State of Texas.

XX.

SEVERABILITY

In the event that one or more of the provisions contained in the Agreement is held to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability will be construed as if the invalid, illegal, or unenforceable provision has never been contained herein, but will not affect the remaining provisions of this Agreement, which will remain in force and effect.

XXI.

ASSIGNMENT

Urban Counties may not assign its rights and duties under this Agreement without the prior written consent or approval of the Participants, acting by and through their respective governing bodies. Any assignment attempted without such prior consent or approval by the Participants is null and void.

XXII.

DISPUTE RESOLUTION

The Parties expressly agree that all disputes ariSing under this Agreement, except those alleging criminal conduct on behalf of one or more Parties, shall be resolved in Austin, Texas, and in the following order of preference:

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a. by good faith negotiation between representatives of the Parties who have authority to fully and finally resolve the dispute;

b. if necessary, by non-binding mediation at a location acceptable to the Parties involved in the dispute using a neutral mediator having relevant experience, with costs of mediation shared equally.

XXIII.

ENTIRE AGREEMENT

A. This Agreement constitutes the entire agreement relating to the subject matter hereof between the Parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written.

B. Each Party acknowledges that the other Parties, or anyone acting on behalf of the other Parties, have made no representations, inducements, promises or agreements, orally or otherwise, unless such representations, inducements, promises or agreements are embodied in this Agreement, expressly or by incorporation.

C. Notwithstanding the foregoing, this Agreement rnay not impair, affect or modify any existing Interlocal Agreements, or TechShare Project Addendums, or TechShare Resource Addendums that govern or pertain to any Projects or Resources developed by Urban Counties or any Participants prior to the effective date of this Agreement, it being the intent of the Parties that those Projects or Resources will be governed by the agreements governing those Projects or Resources.

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PARTIES' ACKNOWLEDGEMENT AND AGREEMENT

TO INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE PLANNING PROJECT OF THE

CRIMINAL COURTS MODULE OF THE TECH SHARE JUSTICE SHARED RESOURCE

By its signature below, each Party acknowledges that it has read the entire Interlocal Agreement and agrees to all of the terms and conditions. The persons signing and executing this Acknowledgement and Agreement on behalf of the respective Party warrant and guarantee that they have been duly authorized by the respective Party to execute this Acknowledgement and Agreement on behalf of the respective Party and to validly and legally bind the respective Party to all terms, conditions and provisions set forth in the foregoing Interlocal Agreement.

TEXAS CONFERENCE OF URBAN COUNTIES (as contract supervisor/administrator):

By: ~ ~---=~~~~~~--~~-------------Title: Executive Director

Date: 7t / z ~ /il

I

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PARTIES'

ACKNOWLEDGEMENT AND AGREEMENT TO

INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE PLANNING PROJECT OF THE CRIMINAL COURTS MODULE OF THE TECHSHARE JUSTICE SHARED RESOURCE


COUNTY OF ____________________ _

By: ______________________________ __

Title: ________________ .

Date: _________________ _

Address: ______________ _

Approved as to Form:

By: ______________________________ __

Title: __________________ _

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ATTACHMENT A: BUDGET TECHSHARE JUSTICE - CRIMINAL COURTS MODULE PLANNING PROJECT

The detailed budget for the TechShare Justice - Criminal Courts Module Planning Project includes the following sections:

1. Budget, with a description of each line item in the proposed project budget.

2. Additional Counties, showing the estimated increase in the project budget for each additional county that elects to participate in the project, based on the population of the county.

3. Maximum not-to-exceed cost of participation for each member county. These amounts are based upon the following assumptions:

• For Dallas and Tarrant counties, the amount shown assumes that no other county chooses to participate except these two counties.

• For each other county, the amount shown assumes only that county joins Dallas and Tarrant counties in the program.

• If additional counties join Dallas and Tarrant counties in this program, the amount for each participating county could decrease, except for those counties that are paying the minimum amount to participate.

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1. Budget

Participant Contributions

Dallas County

Tarrant ,.C.cC:.:.:.C<... " . Total

Expense

Accounting Fees

........ l,e~al .. <;~mmittee Meetiflgs

Occupancy (Rentt

,~"~!':r:,.~.XP:~~"~~ "" Bank Fees

Postage

Insurance

Mgt. Services

Misc.

T otaf "~~=:,,~,~~,J1~~,,w Printing and Publications

:Su""lie. Travel Urban Counties

,T~,~~!,~",~~!!~,~,i~,nts

Total Expense

Reserve

The expense items are described below:

280

Total Project Btulgel

286.297

218,703

565,000

5.000

12,000

20,000

500

1.000

5,600

367,065

3,000

377,165

14,000

3,000

11,050

20,000

490,215

$14.185

Accounting Fees: Costs of external accounting services to verify the project financial reports as part of the annual Urban Counties financial review for each fiscal year.

Legal Fees: Costs for legal services provided by the Urban Counties attorney.

Committee Meetings: Costs for meetings of Oversight Board and other committees appointed by the Oversight Board.

Occupancy: Share of rent for TechShare development center.

Bank Fees: Costs for banking related to managing project funds.

Postage: Costs for mailing and shipping project materials,

Insurance: Share of costs for insurance on Urban Counties facilities.

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Management (Mgt) Services: Urban Counties staff costs, including salary, direct benefits, equipment, and other indirect costs.

Miscellaneous: Minor costs for items that do not fall into other categories.

Printing and Publications: Costs related to producing project documents and documentation.

Supplies: General office supplies.

Travel Urban Counties: Estimated travel expenses for Urban Counties staff.

Travel Participants: Estimated travel expenses for Participant staff as described in Section VII, Budget, paragraph B of the Interlocal Agreement.

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2. Additional Counties

The following tables show the incremental increase in cost if additional counties elect to participate in the project. Costs are primarily attributed to increase in Urban Counties staffing costs.

Estimated Additional Costs per County with population less than 500,000: .

· I> ·

I. . Prepare criminal courts business model I · Prepare county specific implementation strategy I Prepare county specific implementation work plans I.i Manage Project I

Subtotal: Incremental Mllmt. Services Costs Per Additional County.

Travel Expenses

CUCStaff County travel to Austin or DFW

Other (incremental legal expenses,etc.)

Total Additional Cost Per County

...

Service Cost

$11,000

$10,000

$9,000

$3,00()

$33,oo()

$5,150

$10,000

$2,00()

$50,150

Estimated Additional Costs per County with population more than 500,000:

· ·

Prepare criminal courts business mode!

· Prepare county specific implementation strategy

Prepare county specific implementation work plans

Manage Project

Subtotal, Incremental Mgmt. Services Costs Per Additional County

Travel Expenses

CUC Staff Travel

County Travel

Other (incremental legal expenses, etc.)

Total Additiona! Cost Per County

tCllc,ts.acms.court.ll.dallas,OO 1

.

Service Cost

$17,OO()

$14,()00

$ 11,()00

$7,00()

$49,OO()

$5,lS()

$W,OOO

$2,000

$66,15()

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283

3. Maximum not-to-exceed cost of participation for

Coun:r£ 2010 Po!!ulation Project Cost

Dallas 2,368,139 S 505,000

Tarrant 1,809.034 S 505,000

Bell 310,235 $ 555,150

Bexar 1,714,773 $ 571,150

Brazoria 313,166 $ 555,150

Brazos 194,851 $ 555,150

Cameron 406,220 555,150

Chambers 35,096 S 555,150

Collin 782,341 $ 571,150

Comal 108,472"$ 555,150

Denton 662,614 $ 571,150

Ector 137,130~ S 555,150

EIPaso 800,647 $ 571,150

Fort Bend 585,375 571,150

Galveston 291,309 $ 555,150

Grayson 120,877 S 555,150

Gregg 121,730 $ 555,150

Guadalupe 131,533 555,150

Harris 4,092,459 $ 571,150

Hays 157,107r S 555,150

Hidalgo 774,769 S 571,150

Hunt 86,129 $ 555,150

jefferson 252,273 S 555,150

johnson 150,934 $ 555,150

Kaufman 103,350 $ 555,150

lubbock 278,831 $ 555,150

Mclennan 234,906 $ 555,150

Midland 136,872 $ 555,150

Nueces 340,223 $ 555,150.

Randall 120,725 $ 555,150.

Rockwall 78,337 $ 555,150

Sa" Patricio 64,804 $ 555,150

Smith 209,714 $ 555,150

Travis 1,024,266 $ 571,150

Webb 250,304 $ 555,150

Williamson 422,679 $ 555,150

Wise 59,127 $ 555,150

tcuc.ts.aCffi'3.colilt.ll.dallas.OO I

each member

Coun:r£ Notto

$ $ $ S S S S S S S S $ S S $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ S $

S

Exceed Cost

Share

286,297

218,703

50,150

166,226

50,150

50,150

50,150

50,150

90,096

50,150

78,196

50,150

91,865

70,201

50,150

50,150

50,150

50,150.

282,650

50,150

89,361

50,150

50,150

50,150 •

50,150

50,150.

50,150

50,150

50,150

50,150

50,150

50,150

50,150

112,471

50,150

51,013

50,150

July 22. 2011 Page 16 of 16

county.

284

Tech Share ,x ,>' ,i:';,>;, TEXAS Conference of

Urban Counties INTERLOCAL AGREEMENT

FOR PARTICIPATION IN THE URBAN COUNTIES TECHSHARE PROGRAM FOR THE PLANNING PROJECT FOR THE PROSECUTOR MODULE OF THE TECHSHARE

JUSTICE SHARED RESOURCE

I.

PURPOSE

This Interlocal Agreement (hereinafter, "Agreement") is entered by and among the undersigned Local Govemments (hereinafter, "the Participants"), acting pursuant to and under authority of the Interlocal Cooperation Act, Chapter 791 of the TEXAS GOVERNMENT CODE, and Texas Conference of Urban Counties, Inc. (hereinafter, "the Urban Counties"), a nonprofit corporation created to provide Govemmental Functions And Services on behalf of its members pursuant to and under authority of TEXAS GOVERNMENT CODE § 791.013, for the purpose of participating in the Urban Counties' TechShare Program. The undersigned Participants, any other governmental entities adopting this Agreement, and Urban Counties may be referred to in this Agreement individually as "Party" and collectively as "Parties." The Parties agree that, by adopting this Interlocal Agreement, they will participate in the TechShare Justice - Prosecutor Module Planning Project (hereinafter, "the Project").

II.

RECITALS

WHEREAS, governmental entities in the State of Texas, including Local Governments, have the ability to realize substantial savings by jOintly planning, developing, procuring, operating, or maintaining information technology projects necessary to conduct business for their citizenry; and

WHEREAS, Urban Counties has created TechShare, a program whereby governmental entities may collaborate on information technology projects and sharing of information technology and related resources in order to realize economies of scale and cost savings by jointly developing, procuring, operating, maintaining, and enhancing Projects and Resources; and

WHEREAS, the Participants and Urban Counties desire to enter into this Agreement pursuant to the Texas Interlocal Cooperation Act (Chapter 791, TEXAS GOVERNMENT CODE) to conduct the planning phase prior to the development of the Prosecutor module of the TechShare Justice Resource; and

WHEREAS, the Participants as authorized by § 791.013 of the TEXAS GOVERNMENT CODE hereby designate Urban Counties to supervise and administer the performance of this Agreement by providing contract supervision, contract administration, and other services necessary to accomplish the purpose of this Agreement; and

WHEREAS, this Agreement describes the rights and responsibilities of the Participants in their joint endeavor(s) under TechShare and the role of Urban Counties as contract supervisor and administrator; and

WHEREAS, each Participant finds that its payments for services performed pursuant to this Agreement may be made from current revenues that are readily available; and

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NOW, THEREFORE, in consideration of the promises, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participants and Urban Counties agree as follows:

III.

ADOPTION OF RECITALS AS FINDINGS OF FACT

The Participants, acting by and through their respective governing bodies, individually and collectively, do hereby adopt and find the foregoing premises as findings of fact.

IV.

DEFINITIONS

Other terms used in this Agreement that are not defined, but defined in any of the other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which will include any exhibit, attachment, addendum, or associated document, will have the same meaning as in those other documents. For purposes of this Agreement and all other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which includes any exhibit, attachment, addendum, or associated document, terms defined in Chapter 791 of the Texas Government Code will have the meaning defined in Chapter 791, unless the context of their use dictates otherwise.

A. "Project Start Date" means the date by which a county must approve this Agreement to participate in TechShare Justice - Prosecutor Module Planning Project and pay their respective costs. The Project Start Date is September 1, 2011.

V.

SCOPE OF SERVICES FOR TECH SHARE JUSTICE - PROSECUTOR MODULE PLANNING PROJECT

A. The Parties will complete the following:

1. Prepare a detailed work plan to guide the work to be performed;

2. Prepare a high-level prosecutor business model which delineates how the business processes within the prosecutor functionality are performed within each participating county. This model will especially focus on highlighting material differences in how a business function is performed among the counties. This model will serve as both an input to identify potential software gaps which need to be addressed to meet essential requirements, as well as highlighting potential opportunities for business process change within a participating county's environment;

3. Document the additional requirements necessary to retire the Tarrant County ECFS application;

4. Perform a detailed fit/gap analysis, considering:

Requirements to retire Tarrant County's ECFS,

District and/or County Attorney business processes,

Integration with the Dallas County Incident Module (DCIM) for electronic filing from the law enforcement agencies to the county,

Integration with the Dallas County Adult Information System (AIS),

Integration with systems in other participating counties; and

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Integration with other third-party software products, such as On base and/or Biztalk (or other third-party integration software);

5. Prioritize and package the requirements into software development cycles (known as "sprints");

6. Prepare a work plan for the follow-on software development phase that includes:

Timing and required resources for each development cycle,

Preparing training and other documentation,

Testing activities, including integration and acceptance testing, and

Resource requirements for the participating counties;

7. Develop a detailed budget and cost allocation plan to support development of the prosecutor module;

8. Prepare implementation plans and implementation cost estimates for each Participant;

9. Explore with Tarrant County acceptable terms for the transfer of ownership of software from Tarrant County to Urban Counties on behalf of all participating counties; and

10. Prepare a project proposal for consideration by the Urban Counties and applicable Commissioners Courts to develop the prosecutor module.

B. Urban Counties will contract with a vendor to produce the deliverables. The deliverables for the Project, and the associated schedule for each deliverable, ·are set forth below. The schedule assumes the partiCipation of up to four counties; participation by additional counties will require changes to the schedule, which shall be presented to and agreed to by the Oversight Board and Urban Counties:

1. Prosecutor Business Model and Requirements - Six (6) weeks after Project Start Date a high-level business model will be developed which delineates through process flows and supporting text the key business requirements within the scope of the prosecutor module. This model will specifically highlight key differences that may exist among the business processes of the participating counties.

2. Prosecutor Module Software Development Plan - Eight (8) weeks after Project Start Date software development (sprint) plans will be prepared which package the various requirements identified for development into a set of "sprints" or software development cycles. These sprints will define the relative sequencing in which functionality will be first designed in greater detail and documented in user stories and then subsequently programmed and tested.

3. Prosecutor Module Software Development Project Budget and Cost Allocation Plan - Ten (10) weeks after Project Start Date a detailed project budget and cost allocation plan for the development phase will be prepared. This deliverable will outline all of the anticipated costs for developing the first version of the prosecutor module based on the Software Development Plan. It will also outline the proposed allocation of these costs by participating county.

4. Implementation Plan and Cost Estimate (per participating county) - Ten (10) weeks after Project Start Date an implementation plan will be prepared for each participating county. The document will delineate the strategy, tasks and activities,

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as well as the proposed timelines and anticipated resources for implementing the prosecutor module in each participating county.

5. TechShare Justice - Prosecutor Module Software Development Project Proposal- Twelve (12) weeks after Project Start Date a project proposal for consideration by the Urban Counties and each participating county's commissioners court will be prepared. The Oversight Board, with consent of Urban Counties, may agree to revise the schedule for any deliverable. No revision may result in additional cost obligations to any Party.

VI.

GOVERNANCE

A. The governance and development of the Project will be through the Urban Counties Board of Directors with assistance provided by the Oversight Board created for the Project.

B. Urban Counties will act as the Administrator for the Project, and is the governing body for TechShare.

1. Urban Counties may contract with third-party vendors to provide project-specific tasks in connection with the Project, on terms and conditions acceptable to Urban Counties.

2. Urban Counties rnust exercise general oversight over budgets and expenditures for the Project.

3. Urban Counties will execute agreements and workplans, administer funds and budgets, and approve and administer policies as are necessary to ensure the tirnely completion of the Project.

4. Urban Counties will provide management and oversight of the Project on a day-today basis.

5. Urban Counties will make regular reports to the Oversight Board on matters relevant to the Project, and will provide any other information the Oversight Board may reasonably require.

C. The Project will have an Oversight Board comprised of one representative from each Participant.

1. The Oversight Board will have responsibility for making decisions pertaining to the Project deliverables. Such decisions, however, are subject to approval by Urban Counties.

2. The Oversight Board will recommend any changes to the budget for the Project to Urban Counties for approval.

3. A majority of the members of an Oversight Board will constitute a quorum, regardless of their respective voting strengths.

4. Voting strength per member of the Oversight Board for the Project is equal to each Participant's pro rata financial contribution to the budget of the Project.

5. Oversight Board members will be appointed by the commissioners courts of the Participants. Oversight Board members will serve without compensation.

6. The Chairman of the Oversight Board will be appOinted from among the Oversight Board members by the Urban Counties Board of Directors. The Chairman of an Oversight Board will preside over meetings of the Oversight Board.

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7. The Oversight Board will review the status of progress for the Project to ensure timely achievement of the goals set forth in the scope of services for the Project.

D. The Oversight Board may create one or more subcommittees as is necessary to assist and make recommendations to the Oversight Board and Urban Counties on matters relevant to the scope of services for the Project or the approval of deliverables pertaining to the Project.

VII.

BUDGET

A. The budget for this Project is $276,000 and is attached as Attachment A. Attachments to this Agreement are a part of this Agreement. The Oversight Board may recommend changes in the budget for approval by Urban Counties, but in no event will the changes cause the budget to exceed the amount for each Participant as determined in accordance with Section VIII.E. and Attachment A.

B. The budget does not include any amount for travel for Participants' personnel. Participant representatives will be required to travel to Tarrant County for up to four of work sessions. Travel expenses for Participant representatives will be the responsibility of the respective Participants.

VIII.

ALLOCATION OF COSTS

A. Subject to the calculation in this paragraph and as further exemplified in Attachment A, the Project costs will be divided using the 2010 population of each county. Each Participant's cost will be equal to the proportionate share of its population to the total population of all Participants, but in no event will costs for a Participant be less than $31,000. Each Participant's cost will not exceed the amount set forth in Attachment A.

B. Urban Counties will invoice Participants before the Project Start Date for their respective share of the Project costs.

C. For planning purposes, it is anticipated that Dallas and Tarrant counties will be Participants. In the event Dallas and Tarrant counties are the only participants, then the distribution of costs will be:

Dallas Tarrant TOTAL

2010 Population 2,368,139 1,809,034 4,177,173

% of Total 56.7% 43.3% 100%

Costs $156,471 $119,529 $276,000

D. If either Dallas or Tarrant fails to approve this Agreement or pay their respective costs by the Project Start Date, then this Agreement may continue in effect as to all PartiCipants if one or more additional counties not set forth above has approved this Agreement and paid their respective costs by the Project Start Date and the participation of those additional county or counties results in either Dallas or Tarrant, if they are Participants, owing no more than the respective amounts set forth above; otherwise, this Agreement shall be null and void as to any Party that has approved this Agreement so as not to commit a PartiCipant to an amount of costs greater than as set forth in Attachment A.

E. In the event other counties become Participants, the total Project costs will increase as set forth in Attachment A to reflect additional services required by the additional participation.

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Costs for each Participant will be calculated in the manner as set forth in Attachment A. In no event will the respective costs of a Participant be greater than the amount set forth in Attachment A and approved by the Participant's Commissioners Court without a written amendment of this Agreement approved by the applicable Participant's Commissioners Court.

F. In order to protect Urban Counties and the Participants, the Project will not start until all payments have been received from all Participants. The deadline for payments is the Project Start Date, which is September 1, 2011. In the event one or more additional counties participate in this Agreement resulting in lower costs for each Participant than has previously been paid, Urban Counties shall refund the appropriate amount to each Participant within 30 days of receiving payment from the additional county.

IX.

PROCUREMENTS

Urban Counties will have the authority to conduct procurement functions and enter into contracts with one or more vendors as may be deemed necessary to carry out the purposes of this Agreement. Any procurement of goods to be owned by, or services provided directly to and paid directly by, the participating counties shall comply with all procurement statutes applicable to counties.

X. CONTRACT ADMINISTRATION AND AUDIT RIGHTS

A. Subject to the Oversight Board's oversight responsibilities regarding the Project, Urban Counties is hereby deSignated by the Participants to supervise and administer the performance of this Agreement as authorized by TEXAS GOVERNMENT CODE § 791.013(a)(3).

B. Subject to the Oversight Board's oversight responsibilities regarding the Project, Urban Counties will have any and all authority necessary to supervise, administer, and carry out the purposes, expressed and implied, of this Agreement, which may include any and all acts necessary and proper for the operation and management of this Agreement.

C. Each Participant shall have the right to inspect and audit the records regarding the Project. Urban Counties shall cooperate in such audit by providing financial records regarding the project. The costs of any audit shall be borne by the Participant desiring the audit.

XI.

TERM

A. In order to participate in the Project a county must approve this Agreement and pay its respective share of costs by the Project Start Date.

B. The Project will be initiated if this Agreement is approved by, and funding received from, the counties of Dallas and Tarrant by the Project Start Date.

C. This Agreement shall be in effect from the Project Start Date and continue through the completion of the deliverables.

XII.

NOTICE

Any notice required to be given under this Agreement by a Party will be deemed to have been given if reduced to writing and delivered in person or mailed by overnight or certified mail, return receipt requested, postage prepaid, to the appropriate address set forth on the respective

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execution page for each Party or to such other address as may later designated by a Party in writing to all the Parties. Any notice required hereunder that is sent by mail will be deemed to have been given three (3) days subsequent to the date it was mailed.

XIII.

AMENDMENT

A. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the Parties hereto. However, notwithstanding the foregoing, the Parties understand and agree that additional Participants may join this Agreement without additional action by the existing Parties, by lawful approval of this Agreement by the respective governing boards of the new Participant(s) and execution of a signature page to this Agreement tendered to Urban Counties.

B. In addition, any modification, alteration, addition or deletion to the terms of this Agreement or any addendum which is required by changes in federal or state law is automatically incorporated within this Agreement without written amendment to this Agreement and will become effective on the date designated by said law.

XIV.

CURRENT REVENUE

The Parties hereby warrant that all payments, expenditures, contributions, fees, costs, and disbursements, if any, required of each of them hereunder or required by any other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which will include any exhibit, attachment, addendum or associated document, will be paid from current revenues available to the paying Party. The Parties hereby warrant that no debt is created by this Agreement.

XV.

FISCAL FUNDING

The obligations of the Participants pursuant to this Agreement are contingent upon the availability and appropriation of sufficient funding.

XVI.

BINDING AGREEMENT, AUTHORITY, PARTIES BOUND

A. This Agreement has been duly executed and delivered to all Parties and constitutes a legal, valid and binding obligation of the Parties. This Agreement may be executed in multiple counterparts. Each person executing this Agreement on behalf of each Party represents and warrants that they have full right and authority to enter into this Agreement.

B. The Parties agree that Urban Counties cannot bind any Participant to any obligations arising from agreements between Urban Counties and third-party vendors regarding goods or services provided under contract between Urban Counties and such third-party vendors. Nor can any such vendor contracts create any third-party liability for any Participant.

XVII.

NO AGENCY RELATIONSHIP

A. By execution of this Agreement, neither Urban Counties nor the Participants intend to create any agency relationship between themselves or any third parties. The Participants will have no equity rights in any of the assets or property of the Urban Counties nor is any Participant

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liable for any of the debts of the Urban Counties. Assets in the possession of Urban Counties remain the assets of Urban Counties.

B. Participants disclaim any relationship of surety, or indemnification with any other Local Government. Nor is such a relationship created between or among any Participant or group of Participants and Urban Counties. Participants have not, by entering into this Agreement, assumed, in any manner, any liability for the debts of or claims against Urban Counties or any Local Government.

XVIII. NO THIRD PARTY BENEFICIARIES TO VENDOR CONTRACTS

As it enters into contracts with third parties, Urban Counties shall include contractual requirements specifically acknowledging that such contracts do not create or confer any third-party beneficiary relationship, debts, liabilities, or claims against Participants.

XIX.

APPLICABLE LAW

A. This Agreement is expressly subject to the Parties' sovereign immunity and other governmental immunity under applicable federal and state law,

B. This Agreement is to be governed by and construed in accordance with the laws of the State of Texas,

XX.

SEVERABILITY

In the event that one or more of the provisions contained in the Agreement is held to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability will be construed as if the invalid, illegal, or unenforceable provision has never been contained herein, but will not affect the remaining provisions of this Agreement, which will remain in force and effect. '

XXI.

ASSIGNMENT

Urban Counties may not assign its rights and duties under this Agreement without the prior written consent or approval of the PartiCipants, acting by and through their respective governing bodies, Any assignment attempted without such prior consent or approval by the Participants is null and void.

XXII.

DISPUTE RESOLUTION

The Parties expressly agree that all disputes arising under this Agreement, except those alleging criminal conduct on behalf of one or more Parties, shall be resolved in Austin, Texas, and in the following order of preference:

a, by good faith negotiation between representatives of the Parties who have authority to fully and finally resolve the dispute;

b, if necessary, by non-binding mediation at a location acceptable to the Parties involved in the dispute using a neutral mediator having relevant experience, with costs of mediation shared equally,

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XXIII.

ENTIRE AGREEMENT

A. This Agreement constitutes the entire agreement relating to the subject matter hereof between the Parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written.

B. Each Party acknowledges that the other Parties, or anyone acting on behalf of the other Parties, have made no representations, inducements, promises or agreements, orally or otherwise, unless such representations, inducements, promises or agreements are embodied in this Agreement, expressly or by incorporation.

C. Notwithstanding the foregoing, this Agreement may not impair, affect or modify any existing Interlocal Agreements, or TechShare Project Addendums, or TechShare Resource Addendums that govern or pertain to any Projects or Resources developed by Urban Counties or any Participants prior to the effective date of this Agreement, it being the intent of the Parties that those Projects or Resources will be governed by the agreements governing those Projects or Resources.

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PARTIES' ACKNOWLEDGEMENT AND AGREEMENT

TO INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE PLANNING PROJECT OF THE

PROSECUTOR MODULE OF THE TECHSHARE JUSTICE SHARED RESOURCE


TEXAS CONFERENCE OF URBAN COUNTIES (as contract supervisor/administrator):

BY;'_~_.=':=>~/;:..~~~,,------,, _______ _

Title: Executive Director

Date: __ 7/26/2011 __________ _

Address: ________________ _

___ 500 W. 13'h Street __________ _

_ ~Austin, TX 78701 __________ _

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PARTIES'

ACKNOWLEDGEMENT AND AGREEMENT TO

INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE PLANNING PROJECT OF THE PROSECUTOR MODULE OF THE TECHSHARE JUSTICE SHARED RESOURCE


COUNTY OF __________________ __

By: ________________________________ __

Title: __________________ __

Date: ___________________________ __

Address: __________________ _

Approved as to Form:

By: ______________________________ __

Title: _______________________ _

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ATTACHMENT A: BUDGET TECHSHARE JUSTICE - PROSECUTOR MODULE PLANNING PROJECT

The detailed budget for the TechShare Justice - Prosecutor Module Planning Project includes the following sections:

1. Budget, with a description of each line item in the proposed project budget.

2. Additional Counties, showing the estimated increase in the project budget for each additional county that elects to participate in the project, based on the population of the county.

3. Maximum not-to-exceed cost of participation for each member county. These amounts are based upon the following assumptions:

• For Dallas and Tarrant counties, the amount shown assumes that no other county chooses to participate except these two counties.

• For each other county, the amount shown assumes only that county jOins Dallas and Tarrant counties in the program.

• If additional counties join Dallas and Tarrant counties in this program, the amount for each participating county could decrease, except for those counties that are paying the minimum amount to participate.

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1. Budget

TechSha.re· Prosecutor Project Budget

< P~~icC.i.fJ~nt.Contributif:).FI:5:

O.lIas County

Tarrant County

Total

Expense

$

Project T <>tal

156,471

119,529

276,000

Ace-ounting Fees 6,O(}O

legal Fees 16.400

<:OInmitteeG/ieelings "", .. """".4,000

()ccupencyJRen'i 6,000

Other Expenses

Bank Fees

Postage

Insurance

;MgL Services

Software· Ucense Fees

Software Maintenance- Fees

Systems Operations Fees

Misc.

,,!~~~l Other E~~,f1~e~, Consurting &_yendors

Printing and Publications

Supplies

" ,"""""" """, """" ",T,:,':".::,",',,":,I """"" '" T <>tal Expense

Reserve

The expense items are described below:

$

250

500

300

50.987

o

o

o 1,000

53.537

165,520

2,000

1,000

16,600

271,057

4,943

Accounting Fees: Costs of extemal accounting services to verify the project financial reports as part of the annual Urban Counties financial review for each fiscal year,

Legal Fees: Costs for legal services provided by the Urban Counties attorney.

Committee Meetings: Costs for meetings of Oversight Board and other committees appointed by the Oversight Board,

Occupancy: Share of rent for TechShare development center,

tCllc,ts.acms,cQurt.l1.dallas.OOI July 22, 2011 Page 13 ofl7

297

Postage: Costs for mailing and shipping project materials.

Insurance: Share of costs for insurance on Urban Counties facilities.

Management (Mgt) Services: Urban Counties staff costs, including salary, direct benefits, equipment, and other indirect costs.

Miscellaneous: Minor costs for items that do not fall into other categories.

Printing and Publications: Costs related to producing project documents and documentation.

Supplies: General office supplies.

Travel Urban Counties: 'Estimated travel expenses for Urban Counties staff.

tcuc.ts.acms.court.1 l.dallas.OO 1 July22.2011 Page14of17

298

2. Additional Counties

The following tables show the incremental increase in cost if additional counties elect to participate in the project. Costs are primarily attributed to increase in Urban Counties staffing and consulting costs.

Estimated Additional Costs per County with population less than 1,000,000:

,

Prepare prosecutor business model

Perform detailed fit/gap analysis Prioritize and package requirements

• Prepare county specific implementation strategy

Prepare county specific implementation work plans

Subtotal: Incremental Mgmt. Services and Consulting Costs Per

Additional County

Travel Expenses cue Staff

Other (incremental legal expenses, etc.)


Service Cost ,

" , $7,200 , ' $6,000

•••••••••••• $3,600

< $4,200 ..... $6,000

,

$27,000

$2,000

$2,000

$31,000

Estimated Additional Costs per County with population more than 1,000,000:

tcuc.ts.acms,comt.ll .da!las.aO 1 July 22. 2011 Page 15 of17

299

·

·

Prepare prosecutor business model

Perform detailed fit/gap analysis Prioritize and package requirements

Prepare county specific implementation strategy

· Prepare county specifk implementation work plans

"fra"eI.Ex""ns .. s eue Staff Travel

.Oth .. rJincrernentall .. ~al .. x""n.$es! .'c.c:.,................................ ................. .


tcuc.ts,acms,collltll.dallas.OO 1

................

••

• ........ ... ' .... .....

. .................

Service Cost

$15,000

$12,000 $6,000

$7,000

$12,000

$52,()()0

$4,000

$60;000

July 22. 20 II Page 16 of 17

300

3. Maximum not-to-exceed cost of participation for each member county.

Coun~

Dallas

Tarrant

Bell

Travis Bexar

Brazoria

Brazos

Cameron

Chambers

Collin

Comal

Denton

Ector

EI Paso

Fort Bend

Galveston

Grayson

Gregg

Guadalupe

Harris

Hays

Hidalgo

Hunt

Jefferson

Johnson

Kaufman

lubbock

Mclennan

Midland

Nueces

Randall

Rockwall

San Patricio

Smith

Webb

Williamson

3. Wise

tcuc.ls.acms.court.l1.dallas.OO 1

2010 Population

2,368,139 $ 1,809,034: $

310,235 S 1,024,255'

1,714,773 $ "

313,166 $ 194,851

406,220; $ 35,096 $

782,341 $ 108,472 $ 652,614 $ 137,130 $ 800,647 $ 585,375 S 291,309 $ 120,877 $ 121,730 $ 131,533 $

4,092,459 $ 157,107 $ 774,769 $

86,129 $ 252,273 $ 150,934 $ 103,350 $ 278,831 $ 234,906 $ 136,872 $

340,223. $ 120,725 $

78,337 $ 64,804 $

209,714 $ 250,304 $ 422,679 $

59,127 $

Coun~Notto

Exceed Cost

Project Cost Share ~

276,000 S 156,471

275,000 $ 119,529

307,000 $ 31,000

336,000 $ 66,155

336,000 $ 97,788

307,000 $ 31,000

307,000 $ 31,000 . 307,000 $ 31,000

307,000 $ 31,000

307,000 $ 38,160

307,000 $ 31,000

307,000 S 34,900

307,000 $ 31,000

307,000 $ 38,940

307,000 S 31,000

307,000 $ 31,000

307,000 $ 31,000

307,000 $ 31,000

307,000 $ 31,000

336,000 S 143,174 301,000rS 31,000

307,000 $ 37,836

307,000 $ 31,000

307,000 $ 31,000

307,000 $ 31,000

307,000 $ 31,000

307,000 S 31,000

307,000 $ 31,000

307,000 $ 31,000

307,000 $ 31,000

307,000 $ 31,000

307,000 ;; 31,000

307,000 $ 31,000

307,000 ;; 31.000

307,000 $ 31,000

307,000 $ 31,000

307,000 ;; 31,000

July 22. 20 II Page 17 of17

301

DALLAS COUNTY COMMISSIONERS COURT


FROM: Darryl Martin

DATE: August 9, 2011

SUBJECT: CIO Candidate

BACKGROUND

Dallas County, with the assistance of TATUM partners began the search for a Chief Information Officer at the beginning of the calendar year. The position was posted on numerous professional and industry specific websites and the County received more than 222 applications for the position. TATUM assessed the candidate pool and conducted one (1) hour telephone interviews with the eighteen (18) best applicants and forwarded nine (9) names to the County Administrator and Commissioner Cantrell.

A second round of interviews was conducted on the nine candidates by a selection team consisting of the County Administrator, Kristi Padon of Commissioner Cantrell's office, Ryan Brown, Budget Director; County Clerk John Warren, Mattye Mauldin-Taylor, Director of Human Resources and Charles Gray with the Conference of Urban Counties.

The top three (3) candidates from the second round was invited for a day long visit to Dallas County for interviews with the County Commissioners, numerous County officials and the interview ended with a question and answer session with the entire staff of I.T.

A candidate was selected from this process who declined the position. Another candidate was selected who also declined the position. The search was reopened and the top two (2) candidates from this pool were interviewed. Mr. Stanley Victrum quickly rose to the top of the process and was invited to Dallas County to interview for the position.

At the conclusion of numerous interviews with Staff, elected officials and members of the Commissioners Court, Mr. Victrum was offered and accepted the position. Mr. Victrum is currently the Chief Information Officer for the City of Fayetteville, North Carolina and previously served as Assistant City Manager with the City of Fayetteville. He also formerly served as the Director of Information Technology for Gaston County in North Carolina and was the Director of Information Technology for the combined governments of the City of Albany Georgia and Dougherty County, Georgia. A former Major in the United States Marines, Mr. Victrum has a Bachelors degree in Mathematics from The Citadel in South Carolina and a Master of Science in Computer Science from the Naval Postgraduate School.

302

LEGAL IMPACT

The Chief Information officer is an at-will position and serves at the pleasure of the Commissioners Court.

FINANCIAL IMPACT

Mr. Victrum has agreed to an annual salary of $170,000 which is within the salary range for the position and all of the be.nefits available to employees of Dallas County. He has been offered a car allowance of $351.42 bi-weekly and up to $10,000 in moving expenses. An itemized list of expenses will be forwarded to the Court for approval for the moving expenses once he finalizes all of the relocation costs. Mr. Victrum will provide itemized receipts for all expenses prior to being reimbursed for the costs.

RECOMMENDATION

County Administration recommends the appointment of Mr. Stanley Victrum as Chief Information Officer for DalIas County at the salary listed above. If approved, Mr. Victrum is free to begin employment with the County on August 22, 2011.

Recommended by:

August 3, 2011

TO:

THROUGH:

FROM:

SUBJECT:

303 DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

Commissioners Court

Ryarown, Budget Officer

Office of Budget and Evaluation Staff

Conference/Travel/Training Requests

The following departments have requested approval for Conference/Travel/Training. The requested amounts listed are estimates. All reimbursements for hotel and meals are reimbursed according to Dallas County policy with receipts. Mileage reimbursements are reimbursed at the approved rate at the time of travel. Additional documentation is available for further reference.

Elected Officials/Departments notifying Commissioners Court of Conference/Travel/Training fund requests that do not require Commissioners Court approval under State Statues

None submitted

Elected Officials/Departments requesting Conference/Travel/Training approval for funds that have Commissioners Court authority

District Clerk - requests approval for Rhonda Ford to attend Governmental Accounting 3-day seminar in Dallas, Texas for August 8-10, 2011. The total estimated cost to attend is $779 (registration fees). All reimbursements for mileage and meals are reimbursed according to Dallas County policy with receipts. Funding is available in the Records Management Fund.

County Clerk - requests approval for John Warren to attend the Judicial Committee on Information Technology in San Antonio, Texas from June 21 - 22, 2011. The total estimated cost to attend is $387. Funding is available in department's DDA (120.4031.2230).

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517 • rhYLllL([email protected],g

(n~_, .. 'j-,--.,., ---.--'""-

304 134th District Court (Tillery) - requests approval for Francine Ly, Court Coordinator, to receive reimbursement for attending a Professional Development Conference in Austin, Texas from June 13 -17, 2011. This briefing was originally briefed March 29,2011 with funding for the trip coming from DDA. The department does not have DDA to pay for the trip. The total cost to attend was $834.30. Funding is required from Unallocated Reserves.

Justice of the Peace Precinct 2-2- requests approval for Judge Windham and Sandy Jones, Chief Clerk, to attend a training course on the changes in the Legislation. The training is part of the Texas Justice Court Training Center FY11 Legislative Update Seminar in Tyler, Texas on August 2, 2011. Judge Windham will be requiring mileage reimbursement in the amount of $108. The cost to attend is a $200 ($100 per person - per diem, food, and registration fee). Funds are available within budget.

Office of Information Technology - requests approval for Pedro Garcia to attend a VisionAir Annual User's Conference which will help the Sheriff and IT Department leverage the investment in VisionAir technology. The training is in Wilmington, NC from October 1 - 6, 2011. The total estimated cost to attend is $2,100. Funding is available in the Major Technology Fund (195.1090.4010).

Elections - requests approval for Rivelino Lopez to attend the 27th Annual Election Center National Conference and Education Session in San Antonio, Texas from August 15 - 20, 2011. The total estimated cost to attend is $400. Funding is available in Elections Escrow (532.94036.4010).

Tax Assessor/Collector - requests approval for the following;

a) John R. Alnes and Alex McGraw to attend the DMV Legislative Meeting on August 8, 2011 in Austin, Texas. The total estimated cost is $536. Funding is available in the Tax Assessor's Rwmer Permit Account.

b) Corey Worsham to receive reimbursement in the amount of $123.05 for attending the TAAO #8 Assessment/Collections Class from July 18 - 21, 2011. The travel was originally briefed on May 24, 2011. The class was a day longer than originally briefed. FWlding is available in the Tax Assessor's VIT.

County Criminal Court #4 (Tolle) - requests approval for Deborah Lonon to receive reimbursement for a Professional Development Program that she attended from June 13 -17, 2011 in Austin, Texas. The actual request for reimbursement is $195.52 for hotel room at the Westin Austin. Funding is available in department's DDA (120.4604.2230).

Fleet Services - requests approval for John Langley to attend the Greenfleet Conference from October 3 - 4,2011 in Grapevine, Texas. The total cost of registration is $495. Funding is required from Unallocated Reserves.

Constable Precinct 5 (Villareal) - requests approval for Deputy Larry Byers, Deputy Victor Cardoso, and Deputy William Hamilton to attend the Texas Justice Court Training Center in Corpus Christi, Texas from August 15 -17, 2011. Staff will use a Dallas County vehicle with gas credit card. The total estimated cost to attend is $300 ($135 registration fee and $165 hotel). Funding is available in the department's DDA.

Elections - requests approval for Charline Farquhar to attend the 29th Annual Secretary of States Election Law Seminar in Austin, Texas from July 31- August 3, 2011. The total estimated cost

305 to attend is $688. Funding is available throngh Chapter 19 and HA VA funds.

County Court at Law No. 5- requests approval for Judge Greenberg the Bench Bar Conference in Horseshoe Bay, Texas from September 22 - 24, 20 II. The total estimated cost to attend is $702.40 ($395 registration and $307.40 hotel). Funding is available in the court's DDA.

Public Works - requests approval for Abel Saldana to attend the 13th Annual EPA Region 6 MS4 Storm Water Conference on Wednesday, July 6, 2011 in San Antonio, Texas. The staff will use a County vehicle for transportation. The total estimated cost to attend is $175 for registration. Funding is available in the department's DDA.

Institute of Forensic Sciences - requests approval for Terry Robinson, Alvin Finkley and Lori Fuller to attend the Texas DPS Technical Snpervisor Annual Renewal Meeting and Alcohol Testing Alliance Symposium in Tyler, Texas from August 7 - 9,2011. The total estimated cost to attend is $1,200 (registration, food, and hotel). Staff will use a County vehicle with gas credit card. Funding is available within budget.

Notifying Commissioners Court of Conference/Travel/Training funds used by Grant Programs

District Attorney's Office - reqnests approval for Sheila Greene to train law enforcement officers, prosecutors and other allied professionals' best practices when responding to sexual assault and domestic violence offenses in Bonham, Texas from August 8-11, 2011. The total estimated cost is $143. All reimbursements for hotel and meals are reimbursed according to Dallas County policy with receipts. Funding is available in the Regional Training Grant.

Sheriffs Office - requests approval for Walter Clifton and Lawrence Smith to attend the Complex Crimes Investigation School in San Marcos, Texas from July 31- August 5,2011. The total estimated amount to attend is $1,460. Funding is available in North Texas Auto Theft Task Force Grant #5600.

County Criminal Courts - requests approval for Rachel Mulcahy to attend the Defense Counsel and Prosecutors Training in Reno, Nevada from August 1 - 6, 2011. This event is sponsored by the NADCP. The total estimated cost is $2,500. Funding is available in the Pride Court grant funds.

Health and Human Services - requests approval for the following:

a) Venus Dukes, Earl Mullins and LaShonda Worthey to attend the 2011 HIV Prevention Contractor Summit in Atlanta, Georgia on August 14 -- 17, 2011. The total cost for staff to attend is $5,801.20 (airfare, hotel, food, shuttle, registration fees, baggage fees, and airport parking). All costs incurred will be covered by grant #8704 HIV Prevention Plan.

b) Sheri Brooks -- Jefferson to attend the CDC course "Introduction to Grants and Cooperative Agreements" in Austin, Texas from August 10 -12,2011. The total estimated cost for staff to attend is $605 (mileage, holel, and food). All costs incurred will be covered by grant #8704 HIV Prevention Plan.

c) M. Hamed Husain and Charletta Moaning to attend (he State of Texas Training and HIV/HOPWA Strategy Session in Fort Worth, Texas from August 29 - 31, 2011. The total estimated cost to attend is $433. Funding is available in HOPWA grant #8201.

306

d) Aurelio Rodriguez to attend the State of Texas Training and HIV /HOPW A Strategy Session in Fort Worth, Texas from August 29 - 31,2011. There is no cost for staff to attend. Any incidental cost incurred will be funded by the HOPW A grant.

e) Venus Dukes to attend the 2011 HIV Prevention Contractor Summit in Austin, Texas on July 28 - 29, 2011. There is no cost to Dallas County for staff to attend. Any incidental costs incurred will be covered by grant #8704 HIV Prevention Plan.

307

DALLAS COUNTY '-' .

OFFICE OF BUDGET AND EVALUATION II AUG-3

August 9, 2011


FROM: R~own, Budget Officer

SUBJECT: Hiring Freeze

The Dallas County Commissioners Court authorized a "rolling 90 day hiring freeze" for the Fiscal Years 2009 through 2011. Under the "rolling 90 day hiring freeze" any position that becomes vacant must be held vacant for 90 days in addition to the normal encumbrance (paid vacation and compensatory time). Any Elected Official wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must notify Commissioners Court of their intent to fill the position. Any Department Head wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must receive Commissioners Court approval before they can fill the position.

For August 9, 2011 three (3) Elected Officials and two (2) Department Heads desired to have their requests related to the "rolling 90 day hiring freeze" be briefed to Commissioners Court.

Elected Officials notifying Commissioners Court of their intent to fill a position before the expiration of the "rolling 90 day hiring freeze".

District Attorney - The District Attorney's Office desires to notify Commissioners Court of their intent to fill the following positions before the expiration of the "rolling 90 day hiring freeze": a) Investigator II, position #3391 working in the Family Violence Division; and b) Investigator II, position #3430 working in the Check Division. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $31,382 in savings opportunity.

Justice of the Peace 4-1 Judge Rideaux - Justice of the Peace 4-1 desires to notify Commissioners Court of their intent to fill a Clerk III, grade 7, position #5139 prior to the expiration of the "rolling 90 day hiring freeze". Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $8,911 in savings opportunity.

Constable Precinct 3 - Constable Precinct 3 desires to notify Commissioners Court of their intent to fill a Clerk I, grade 5, position #7441 prior to the expiration of the "rolling 90 day hiring freeze". Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $7,797 in savings opportunity.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6384 • Fax (214) 653-6517 • [email protected]

308

Department Heads requesting Commissioners Court approval to fill a position before the expiration of the "rolling 90 day hiring freeze".

Juvenile Department - The Juvenile Department requests Commissioners Court approval to fill the Education Services Administrator, grade K, position #8730 before the expiration of the "rolling 90 day hiring freeze" due to the resignation of the incumbent. With the start of School requiring the Juvenile Department to hold the Education Services Administrator position vacant would impact services provided to students. The position is funded by JJAEP and Charter School funds. Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $21,095 in savings opportunity.

Human Resources/Civil Service Department - The Human Resources/Civil Service Department requests Commissioners Court approval to fill the Human Resources Analyst IV, grade H, position #9594 .and Human Resources Analyst III, grade G, position #5290. These positions were included in the recent reorganization of the Human Resources/Civil Service Department the Human Resources Analyst IV will be responsible for test development, administration and validation and the Human Resources Analyst III will be responsible for employee relations and training related to new programs, such as the corrective action model. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $32,331 in savings opportunity

309

DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

August 2,2011


FROM: Ryan Brown, Budget Officer

SUBJECT: Dallas County Desktop Book

BACKGROUND The Dallas County Public Information Officer on behalf of the County Judge's Office has requested that the Office of Budget and Evaluation brief Commissioners Court concerning entering into a Professional Services Contract to develop a Desktop Book on Dallas County. The purpose of this briefing is to present this request to Commissioners Court.

OPERATIONAL IMPACT Historical Publishing Network has approached Dallas County concerning developing and producing a Cityscape book on Dallas County. The case bound with standard hard cover and full color dust jacket book will be printed in color and formatted with a showcase editorial on Dallas County in the front pages and bnsiness profiles in the back of the book with additional color photography and text that will portray the economy and lifestyle of Dallas County in a positive, infonnative manner.

Dallas County will have approval over the individual selected to write the text and have a say in the photographer selected for Cityscape book. In addition, Dallas County will have total discretion over all editorial content of the Cityscape book including veto privileges over the inclusion of any business in the business profile section.

FINANCIAL IMP ACT The entire cost of the Cityscape book will be borne by Historical Publishing Network. Historical Publishing Network will pay Dallas County 6% of the first $175,000 and 10% of any additional cash revenues collected for business/history profiles. In addition, Historical Publishing Network will pay Dallas County 5% of revenues collected from the sale of the books. Lastly, Dallas County will receive 500 copies with a hard cover and 500 copies with a soft cover binding of the Cityscape book.

It is anticipated that Dallas County would collect $59,250 and Historical Publishing Network would collect $602,000 (breakdown listed on the next page).

Historical Publishing Network is requesting that Dallas County provide them office space for a representative to use during the sales period.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6384 • Fax (214) 653-6517 • rwbrown0ldallascountv.org

310

Dallas County Revenue IJreakdown is as follows: 5,000 books at $40 a book (est. provided by Historical Publishing) = $200,000 which Dallas County gets 5% = $ 1 0,000 Cash revenues for business/history profiles - 100 pages at $4,950 with discounting $450,000 total (numbers from Historical Publishing) = Dallas County gets 6% of the first $175,000 and 10% of the $275,000 remaining. Total Dallas County revenue from business/historical profiles = $38,000 Sales of 500 hard bound copies and 500 soft cover copies provided to Commissioners Court -assumes 50% of the hard bound and soft cover copies are given away rather than sold. 250 hard cover books at $40 a book and 250 soft bound copies at $5 a book = $11,250

Historical Publishing Revenue breakdown is as follows: 5,000 books at $40 a book (est. provided by Historical Publishing) = $200,000 which Historical Publishing gets 95% = $190,000 Cash revenues for business/history profiles - 100 pages at $4,950 with discounting $450,000 (numbers from Historical Publishing) = Historical Publishing gets 94% of the first $175,000 and 90% of the $275,000 remaining. Total Historical Publishing revenue from businesslhistorical profiles = $412,000

LEGAL A final version of the contract will be developed and presented should Commissioners Court desire to move forward with the development of a Dallas County Cityscape.

RECOMMENDA nON Since Dallas County does not have a marketing plan the Office of Budget and Evaluation desires Commissioners Court direction concerning the development of a Cityscape book by Historical Publishing Network.

3 1 1

August 9, 2011

MISCELLANEOUS

1) HEALTH & HUMAN SERVICES - requests approval:

a) to accept a donation from an individual in the amount of $1,000 for deposit into the Heat Relief fund for the purchase and installation of air conditioning units to specified households and authorization for the discretionary exemption from competitive purchasing requirements as allowed by Local Government Code, Chapter 262.024(a)(2).

(COURT ORDER ON FORMAL AGENDA)

b) to accept the donation from the Emergency Heat Relief Fund of The Dallas Foundation in the amount of $40,000 for the purchase and installation of air conditioning units for victims of heat crisis in Dallas County and authorization for the a discretionary exemption from competitive purchasing requirements as allowed by Local Government Code, Chapter 262.024(a)(2).


c) to accept a donation from an individual in the amount of $200 for deposit into the Heat Relief fund for the purchase and installation of air conditioning units to specified households and authorization for the discretionary exemption from competitive purchasing requirements, as allowed by Local Government Code, Chapter 262.024(a)(2).


2) DISTRICT COURT ADMINISTRATION - requests approval:

a) for free parking, as authorized in Sec. 74-475.5 of the Dallas County Code, at the George L. Allen, Sf. Courts Building Underground Parking Garage, for intern Karina Rodriguez begiuning July 28, 2011 through September 1, 2011, who will be working in the Civil Associates Judges Court.

b) for reduced parking at the authorized juror rate of $3 per day, as authorized in Sec. 74-475.5 of the Dallas County Code, at the George L. Allen, Sr. Courts Building Underground Parking Garage, for intern Anjie Vichayanonda beginning August 2, 2011 through August 19, 2011, who will be working at the 14th Civil District Court.

c) for reduced parking at the authorized juror rate of $3 per day, as authorized in Sec. 74-475.5 of the Dallas County Code, at the George L. Allen, Sr. Courts Building Underground Parking Garage, for intern Priscilla Renee

08/09111

312

Torres begimling August 22, 2011 through December 15,2011, who will be working in the Domestic Relations Office.

3) AUTO SERVICE CENTER - requests approval:

a) to replace vehicle FE507 (2FAFP71W77XI63411) which has 164,000 miles, a maintenance to cap of 52% and has just blown the head gaskets and cracked a block making repairs no longer cost effective with vehicle CC929 (2FAFP71 W57X163391) which is a Constable Traffic turn-in.

b) to replace vehicle FE418 (2FAFP71VX8XI78882) which has lost the transmission making repairs no longer economical with vehicle CE997 (2FAFP71VI8XI46595) which is a Constable Traffic turn-in.

4) IT SERVICES - requests approval:

a) to purchase one (I) eCommerce Application license and PDF FrameworkOpen Market Item for OnBase project. The eCommerce Application module will allow Dallas County customers access to an online repository of documents in OnBase. Also, the PDF Framework works with the eCommerce module to allow users to have access to the PDF libraries OnBase uses to do watermarking, appending pages, etc. The Cost for the eCommerce Application license and PDF Framework is $1,388. Funding to cover the cost of this request is available in 195.2093.92055 (Hardware Refresh).

b) to purchase one (I) Apple Computer Mobile Device Management server certificate. The certificate is needed to manage cOill1ectivity of remote Apple devices, such as iPads to the Dallas County network. The aill1ual fee will continue until such time the County replaces or terminates the use of the software. Funding to cover this year's cost of $300 is available in the Office ofInformation Technology budget for maintenance 195.1090.6520.

c) to purchase a copy of Ecrion Software's XF Designer Expert Edition and External Engine Module at a total cost of $883. The software is to be used by the Oracle Developers and Database Analysts to create reports out of Oracle .. Funding is available from the MTF Project for Oracle II i software, 195.8640.92029.

d) to purchase twelve (12) Netmotion Licenses from AT&T (DIR-SDD-597) for the North Texas Auto Task Force. The licenses are needed to manage connectivity of mobile unit laptops to the Dallas County Network. The licenses were originally briefed on May 3, 2011 as part of the efforts to retro fit Constable Cars. Funding to cover this year's cost of $2,750 is available in the Office of Information Technology budget for maintenance 195.1090.06520.

08/09/11

5)

6)

7)

8)

313

e) to purchase software SplitsEase for Judge Plumlee (330th Family District Court) trial usage. This software will provide valuable usage in the division property and asscts which is a common factor in the Family Courts. Funding is available in the 330'h Family District Court 120.4240.2230 (DDA).

CONSTABLE, PRECINCT NO.3 - requests approval to add an additional Reserve Deputy. Funding for the bond required for the additional Reserve Deputy will be paid by the deputy and will have no financial impact on to the County. Recommended by the Office of Budget and Evaluation.

SHERIFF - FUGITIVEITRANSPORTATION - requests approval to purchase materials, labor, shipping & accessories for transportation project. The work will be done on the 1st Floor, Frank Crowley building in the Sherriff s Department. Dallas County Facilities will be doing the work for the quoted amount of $6,500. Funds requested will come from Federal Forfeiture.532.0.2640.0.91002.0.0.0. Recommended by the Office of Budget and Evaluation.

SHERIFF - INMATE PROGRAMS - requests approval to upgrade AVID MC Pre 5 and Xpress to version 5.5 with kit and 3rd party includes media composer software, onsite services, 4 GB DDR2 PC2-5300 RAM, lTB Caviar Black SA TA 7200 RPM 64MB 3.5 in. & 1 Windows 7 Professional - Microsoft open license. This is an upgrade to existing essential video editing hardware and software. The upgrade has a cost of $2,500. Money requested will come from Commissary 532.3151.0.0.91046.0. Recommended by the Office of Budget and Evaluation.

SHERIFF - INTELLIGENCE - requests approval:

a) to pay invoice for Capps Van & Car Rental for April and May Invoices vehicle rentals. This is for six vehicles ($621 each) at a total cost of $3,726. Money requested will come from Social Security grant fund 466.0000.7050.2010.0.0.5900.0. Recommended by the Office of Budget and Evaluation.

b) to pay invoice for Capps Van & Car Rental for April and May Invoices for vehicle rental insurance. This is for six vehicles ($140 each) at a total cost of $840. Money requested will come from Social Security grant fund 466.0000.7050.2010.0.0.5900.0. Recommended by the Office of Budget and Evaluation.

MISCELLANEOUS EOUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.

08/09111

(1) DEPARTMENT:

ITEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(2) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(3) DEPARTMENT: ITEMS:


08/09111

314

Crime Lab

10 - Distriman Pipettes ($560 each) 8 - PIO Pipettes ($392 each) 7 - P20 Pipettes ($356 each) 10 - P200 Pipettes ($356 each) 10 -PI000 Pipettes ($356 each) $18,348 Grant Funds 466.2840.2009.3400 (DNA Backlog Reduction Grant) Crime Lab IS requesting authorization to purchase the above listed item(s) at a total cost of$18,348. These items are needed to perform DNA testing and to validate new testing procedures. Recommended by the Office of Budget and Evaluation.

Facility Quality Assurance Team 12 - Cast Iron Stem Trap ($753 each) $9,036 Within Budget 120.128.2670 (General Fund, Facility Ouality Assurance Team, Maintenance) Facility Quality Assurance Team is requesting authorization to purchase the above listed item(s) at a total cost of $9,036. The twelve (I2) cast iron stem traps are needed as steam coil replacements for the George Allen jail facility. Recommended by the Office of Budget and Evaluation.

Facility Quality Assurance Team 5 - Screwdriver Set, Hex, 5pc ($71 each) 5 - Adjustable Wrench Set, 3pc ($54 each) 1 -- Socket Set, 82pc ($153) 3 - Socket Set, 3/8 dr, 22pc ($135 each) 4 - Locking Pliers ($63 each) 1 - Dead Blow Hammer, 4lbs, ($62) 1 - Hammer Drill Kit, Y2" ($138) 1 - Reciprocating Saw Kit, % stroke ($126) $1,761 Within Budget 120.128.2730 (General Fund, Facility Quality Assurance Team, Small Tools)

PROPOSED ACTION:

(4) DEPARTMENT ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

(5) DEPARTMENT ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

(6) DEPARTMENT ITEMS: ESTIMATED COST: FTJNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

(7) DEPARTMENT ITEMS: ESTIMATED COST: FUNDING SOURCE:

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Facility Quality Assurauce Team is requesting authorization to purchase the above listed item( s) at a total cost of $1,761. These items are needed to replace old, inoperable and broken tools in the West Tower facility. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 4 - Adobe Pro 10 licenses ($200 each) $800 Within Budget 195.2093.92055 (Hardware Refresh) The above item was briefed on 7/5/11, line item 12 from fund 466.8630.2010.6019. The correct funding should be 195.2093.92055. The above items have been requested by the District Court Administrator's Office to scan aud convert files into Adobe format for editing purposes for a total cost of $800. Recommended by the Office of Budget aud Evaluation. .

Office ofInformation Technology 12 - Dell 790 Desktop PC ($1,029 each) $12,348 Grant Funds 466.0.05590.2010.0.0.04107.0 (UAST Grant) The above items have been requested by the office of DCHSEM to replace the old laptops aud computers in the Emergency Operations Center a total cost of $12,348. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 12- Dell 390 Desktop PCs ($799 each) $9,588 Within Budget 195.2093.92055 (Hardware Refresh) The above devices are needed to replace old PCs at Justice of Peace 4-2 for a total cost of $9,588. Recommended by the Office of Budget and Evaluation.

otnce oflnformation Technology 10 - Dell 390 Desktop PCs ($799 each) $7,990 Within Budget

EXPENDITURE SOURCE: PROPOSED ACTION:

(8) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:


ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:


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195.2093.92055 (Hardware Refresh) The above devices are needed for IT stock to use for replacement of defective PCs for a total cost of $7,990. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 2 - Dell R61 0 Servers $20,500 Within Budget 195.8630.92055 (Hardware Refresh) The Office of Information Technology requests Commissioners Court approval to purchase two Dell R610 servers. One server will be used for Cisco Works network monitoring, and the other server will be a replacement for a Sun server that provides web-based access for Dallas County. The Sun server is out of warranty and does not have sufficient memory and CPU required for processing requests on the County website. Recommended by the Office of Budget and Evaluation.

Office of Information Technology 8 - Dell PowerEdge replacement power supplies 8 - Dell PowerEdge Cable-management arms 4 - Dell PDU (Power Distribution Unit) $4,800 Within Budget 195.2093.92055 (Hardware Refresh) The Office of Information Technology requests Commissioners Court approval to purchase eight Dell PowerEdge replacement power supplies, eight Dell PowerEdge cable management arms, and four Dell PDU's. These parts will be used to replace equipment that is no longer functioning, and not covered by maintenance. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 40 - miscellaneous fiber patch cables $650 Within Budget 195.2093.92055 (Hardware Refresh)

PROPOSED ACTION:






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The Office of Information Technology requests Commissioners Court approval to purchase forty (40) miscellaneous fiber patch cables. These cables will be used in the Frank Crowley data centers to re-cable core switches. Recommended by the Office of Budget and Evaluation.

Office of Information Technology 1 - High-Speed Document Scanner 1 - Extended Cable 1 - OnBase Scanning License 1 - OnBase Retrieval License $18,000 Within Budget 195.2093.92055 (Hardware Refresh) The Office of Information Technology requests Commissioners Court approval to purchase one high-speed scanner, cable and the appropriate OnBase software licenses for use by the District Attorney's office to convert records to a digital format. The high-speed scanner will replace a slower scam1er that will not keep up with the scan volume of the department. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 18 - Desktop Computers 5 - Desktop Inkjet Printers $18,000 Within Budget 195.2093.92055 (Hardware Refresh) The Office of Information Technology requests Commissioners Court approval to purchase eighteen desktop computers and 5 printers for vanous departments. The computers will replace older machines that do not have the processing power to support newer software. The printers will replace broken, non-repairable printers. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 5 - Kodak i1320 Scanners ($1200 each) I - Terabyte External I-lard Drive ($96) 8 - HP LJ 2035 printers ($207 each)



PROPOSED ACTION:



PROPOSED ACTION:

(16) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE EXPENDITURE SOURCE: PROPOSED ACTION:

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$7,800 County Clerk's Records Management Fund 532.4031.2093.94009 The Office of Information Technology requests Commissioners Court approval to purchase scallllers, external hard drive and printer for County Clerk's Civil Section, Probate Records and County Criminal Court Judges for the OnBase project, sCalllled data storage and printers for the Court Judge's bench. Recommended by the Office of Budget and Evaluation.

Truancy Courts 1 - Mobile File Chest ($70) $70 Within Budget 120.1011.2160 (General Fund, Truancy Courts, Office Supplies) Truancy Courts requests authorization to purchase the above listed item(s) at a total cost of $70. The mobile file chest is needed for site visits by the supervisor. Recommended by the Office of Budget and Evaluation.

County Clerk 1 - 48/mth KM BizHub 363 Copier Lease ($6,106) $6,106 Within Budget 120.4031.7020 (General Fund, Countv Clerk, Equipment Rental) County Clerk requests authorization to purchase the above listed item(s) at a total cost of $6,106. The copier lease is a replacement for a current copier lease which is expiring. Recommended by the Office of Budget and Evaluation.

Sheriff - Intelligence 4 - Scallllers ($300 each) $1,200 Federal Forfeiture 532.0.2093.0.91002.0.0.0 Federal Forfeiture Sheriff - Intelligence requests to purchase four scanners for daily business use. Recommended by the Office of Budget and Evaluation.




ESTIMATED COST: FUNDING SOURCE EXPENDITURE SOURCE: PROPOSED ACTION:


ESTIMATED COST: FUNDING SOURCE EXPENDITURE SOURCE:

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Sheriff - Inmate Programs 1 - Desktop Dual Monitor Computer ($1,800) $1,800 Commissary Funds 532.3151.0.0.91046.0 (Commissary) Sheriff - Intelligence Division requests to purchase PC computer, needed for daily business in Inmate Programs - Video Services. The computer component includes dual monitor support, 2 flat screen monitors, Photo quality flatbed scanner, full version of Adobe Photoshop, Microsoft Office (including Publisher). Recommended by the Office of Budget and Evaluation.

Sheriff - PES 1 - Forensic Video Analysis System $12,465 Federal Forfeiture 532.0.2093.0.91002.0.0.0 (Federal Forfeiture) Sheriff - PES Division requests to purchase forensic video analysis system to analyze video from jails. Recommended by the Office of Budget and Evaluation.

Sheriff - Transport 2 - Harvis Prisoner Transport Insert and shipping cost ($12,325 each) $24,650 Commissary Fund 532.3151.0.0.91046.0 Commissm Sheriff - Transport Division requests to purchase 2 Harvis Prisoner Transport Inserts for needed for two new jail vans to transport inmates. Recommended by the Office of Budget and Evaluation.

Sheriff - Freeway Management 1 Toyota CDB Cable kit $15 Shipping $615 Federal Forfeiture 532.0.2650.0.91002.0.0.0 Federal Forfeiture

PROPOSED ACTION:




PROPOSED ACTION:


PROPOSED ACTION:

(24) DEPARTMENT: ITEMS: ESTIMATED COST:

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Sheriff - Freeway Management. Division requests to purchase a Toyota CDB cable kit needed to keep crash data system up to date with current software. Recommended by the Office of Budget and Evaluation.

Sheriff - Traffic 25 - Tasers and Bladetec Holsters. $27,000 Federal Forfeiture 532.0.2650.0.91002.0.0.0 Federal Forfeiture Sheriff - Traffic Division requests to purchase 25 Tasers, Bladtec Holsters and related accessories for routine work. Recommended by the Office of Budget and Evaluation.

Communications & Central Services I - Microscanner ($316) 2 - Termination Test Kit ($3 I 7 each) $950 Within Budget 120.1 023.7211 Communications Telephones)

(General & Central

Fund, Services,

Communications & Central Services requests authorization to purchase the above listed item(s) at a total cost of $950. These items are needed to· provide maintenance, testing and record test results on data cables at all Dallas County locations. Recommended by the Office of Budget and Evaluation.

Crime Lab 2 - Stratagene Benchtop Cooler ($ I 80 each) $360 Grant Funds 466.2840.2009.3400 (DNA Backlog Reduction Grant) Crime Lab requests authorization to purchase the above listed item(s) at a total cost of $360. These are needed to store frozen samples on the benchtop for short periods of time. Recommended by the Office of Budget and Evaluation.

Crime Lab 1 - Temp. Probe Calibrator ($3,000) $3,000

FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:



PROPOSED ACTION:

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Grant Funds 466.2090.2009.3400 Reduction Grant)

(DNA Backlog

Crime Lab requests authorization to purchase the above listed item( s) at a total cost of $3,000. The item is an instrument to calibrate temperature probes used to monitor reagent and evidence refrigerators and freezers. Recommended by the Office of Budget and Evaluation.

Crime Lab 20 - 27" Computer Monitor ($250 each) 1 - 3500XL Genetic Analyzer ($187,000) 4 - Robotic Workstation Dust Cover ($3,300 each) 1 - CODIS Computer System ($27,000) 1 - Uninterruptable Power Supply for 7900HT Thermocycler ($4,200) 4 - Uninterruptable Power Supply for 9700 Thermocycler ($2,400 each) 10 - Benchtop Microcentrifuges ($2,400 each) 1 - Alternate Light Source ($21,000) 10 - Dry Block Mixer ($2,200 each) 10 - Vortexer ($500 each) 1 - Benchtop Centrifuge for Microtiter Plates ($6,600) 3 - Microtiter Plate Heat Sealers ($2,300 each) 2 - Centrifuge Rotors for Microtiter Plates ($2,200 each) 10 - Mini Centrifuges ($300 each) $340,100 Grant Funds 466.8610.2009.3400 (DNA Reduction Grant) 466.2093.2009.3400 (DNA Reduction Grant) 466.2090.2009.3400 (DNA Reduction Grant)

Backlog

Backlog

Backlog

Crime Lab requests authorization to purchase the above listed item(s) at a total cost of $340,100. These items are needed equipment to be validated and used for the DNA testing of evidence samples and for the entry of DNA profiles into the CODIS database. Recommended by the Office of Budget and Evaluation.



PROPOSED ACTION:





PROPOSED ACTION:


ESTIMATED COST:

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Office of Information Technology 5 - Dell 390 Desktop PCs wi 22" Monitor ($839 each) $4,195 Within Budget 195.2093.92055 (Major Technology Fund, Computer Hardware Less Than $5,000, Hardware Refresh) The Office of Information Technology requests authorization to purchase the above listed item(s) at a total cost of $4,195. These items have been requested by the County Clerk's Office for use in the Civil Section. Recommended by the Office of Budget and Evaluation.

193rd Civil District Court 1 - 15-Sheet Cross-Cut Shredder, MD PR01500 ($155) $155 Within Budget (120.4165.2230 (DDA Fund) 193rd Civil District Court IS requesting authorization to purchase the above listed item( s) at a total cost of $155. The one (1) Cross-Cut Shredder is needed for replacement of old broken shredder. Recommended by the Office of Budget and Evaluation.

Public Works 1 - AASHTO Guide for the Plauning, Design, and Operation of Pedestrian Facilities ($120) $120 Within Budget 196.2010.2230 (Major Capital Development Fund, Public Works, DDA) Public Works requests authorization to purchase the above listed item at a total cost of $120. This book is needed by the design staff. Recommended by the Office of Budget and Evaluation.

Constable Pet. 5 (Villareal) 1 - Low volume cross-cut shredder (Destroy it Model #2260) $380

FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:



(31) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:


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Within Budget 120.1024.02090 (General Fund, Records Management, Property less than $5,000) Constable Villareal requests to purchase the above listed item to replace the current shredder which is broken and unable to be repaired. Recommended by Records Management.

Sheriff - Print Shop I - Digital Envelope Printer -Freight, Installation, Training & Maintenance ($17,090) 2 Programmable Cutter Freight, Installation, Training & Maintenance ($10,639 each) 1 - Heat Seal & Shrink Machine and shipping ($2,550) 1 - Business Card Cutter - Freight, Installation, Training, & Maintainance ($5,424) 1 - Punch & Binding Machine & Freight ($4,215) 1 - Perforating & Scoring Machine wi stand -Freight, Installation, Training & Maintenance ($4,569) 1 - Padding Press - Freight, Installation, & Training ($836) $55,962 Within Budget 532.3151.0.0.91046.0 (Federal Forfeiture) Sheriff - Print Shop requests to purchase the above listed items for the inmate Digital Print & Publication Program. Recommended by the Office of Budget and Evaluation.

Sheriff - Emissions Task Force 1 - Lexis Nexus Subscription (at $ 150/month) $1,800 Within Budget 120.0.2090.91046.0(Emissions Task Force) Sheriff - Emissions Task Force requests to purchase the above listed item for criminal investigations. Recommended by the Office of Budget and Evaluation.

Tax Oftlce I - Mid Volume Fax Machine


PROPOSED ACTION:

(33) DEPARTMENT:

ITEMS: ESTIMATED COST: FUNDING SOURCE EXPENDITURE SOURCE:

PROPOSED ACTION:

(34) DEPARTMENT:

ITEMS:


(35) DEPARTMENT:

ITEMS:

ESTIMATED COST:

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$500 Within Budget 120.1024.2090 (General Fund. Records Management, Property less than $5,000) Tax Assessor/Collector requests to replace the above listed item. The current item is broken an inoperable. Recommended by the Office of Budget and Evaluation.

Health and Human Services- HIV Surveillance-Perinatal I - 19" Computer Privacy Filter $100 Grant Funds 466.0000.02160.2011 (Grant Funds, Office Supplies, HIV Surveillance - Perinatal) Health and Human Services requests to purchase the above listed item for Grant# 8727, which was court ordered on January II, 2011 and assigned court order number 2011 -087. Recommended by the Office of Budget and Evaluation.

Health and Human Services - HIV Surveillance - Federal Core I -- 19" Computer Privacy Filter ($100) 1 - 17" Computer Privacy Filter ($100) $200 Grant Funds 466.0.02160.2011 Health and Human Services requests to purchase the above listed item for Grant# 8703, which was court ordered on January 11, 2011 and assigned court order number 2011 -089. Recommended by the Office of Budget and Evaluation.

Health and Human Services- HIV Surveillance - Federal Core 7 - Black chairs ($153each) 3 - 3 Shelf Bookcase ($130 each) 1 - 5 Shelf Bookcase ($250) 1 -- Mahogany Laminate Table ($363) 1 - Mahogany Laminate Table ($297) 2 - Gilded Textile Chairs ($283 each) 7 - Black chairs ($271 each) 8 - Camel Textile Chairs ($228) $6,658

FUNDING SOURCE EXPENDITURE SOURCE:

PROPOSED ACTION:

(36) DEPARTMENT:

ITEMS:


PROPOSED ACTION:

(37) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE EXPENDITURE SOURCE:

PROPOSED ACTION:


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Grant Funds 466.0.08410.201 ](Graut Funds, Furniture and Equipment) Health and Humau Services requests to purchase the above listed item for Graut# 8703, which was court ordered on Jauuary 11, 2011 aud assigned court order number 2011 -089. Recommended by the Office of Budget aud Evaluation.

Health aud Humau Services - HIV Prevention Plan 1 - 3M NetbookinotebookiLCD Frameless Privacy Filter 19" Standard $180 Graut Funds 466.0.2160.20 I ](Grant Funds, Office Supplies) Health and Humau Services requests to purchase the above listed items Graut# 8704, which was court ordered on January II, 2011 aud assigned court order number 2011 - 088. Recommended by the Office of Budget and Evaluation.

Health and Human Services - Home Loan I - Lateral 2-Drawer File Cabinet $306 Graut Fnnds 466.0.2090.2011(Graut Funds, Property less than $5,000) Health and Human Services requests to purchase the above listed item for Grant# 9803. Recommended by the Office of Budget and Evaluation.

Health aud Human Services I - Dell Series P24H, Widescreen 24in Viewable Image ($265) I - Essentials of Health Policy and Law ($161 ) I Essentials of Public Health Communication ($100) 1 - Marketing Public Health ($100) 1 - Geographic Information Systems and Health Applications ($100)


PROPOSED ACTION:



PROPOSED ACTION:

(40) DEPARTMENT:

ITEMS: ESTIMATED COST: FlJNDING SOURCE EXPENDITURE SOURCE:

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I - Lean for Service Organization and Office: A Holistic Approach for Achieving Operational ($100) I - Using ISO 9001 in Healthcare: Applications for Quality Systems ($100) 1 - Insights to Performance Excellence 2011-2012 ($100) 1 - Essentials of Management and Leadership in Public Health ($100) 1 - Quality Function Deployment and Lean Six Sigma Applications in Public Health ($100) I - Lean Six Sigma for the Public Sector Leveraging Continuous Process Improvement ($100) $1,326 Grant Funds 466.0.2090.2011 (Grant Funds, Property less than $5.000) Health and Human Services requests to purchase the above listed item for Grant# 8903, which was court ordered on October 12, 2010 and assigned court order number 2010 -1714. Recommended by the Office of Budget and Evaluation.

Health and Human Services - Public Health 2 - Exam Light Gooseneck Hal # 161 00 ($220 each) 2 - Kleenspec ILL vag. System #78810 ($350 each) $1,140 Within Budget 120.5215.2090.2011 (General Fund, HHS, Property less than $5,000) Health and Human Services requests to purchase the above listed items for nurse use in the STD Clinic to use for patient exams. Recommended by the Office of Budget and Evaluation.

Health and Human Services - Comprehensive Energy Assistance Program I - 3M Desktop Filter $200 Grant Funds 466.0000.02160.201 I (Grant Funds, CEAP, Supplies)

PROPOSED ACTION:

(41) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE EXPENDITURE SOURCE:

PROPOSED ACTION:




(44) DEPARTMENT:

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Health and Human Services requests to purchase the above listed item for Grant# 8301, which was court ordered on January 18, 2011 and assigned court order number 2011 -132. Recommended by the Office of Budget and Evaluation.

Health and Human Services - Refugee 1 - Wheelchair with arms $250 Grant Funds 466.0.2090.2011(Grant Funds, Property less $5,000) Health and Human Services requests to purchase the above item for Grant# 8702, which was court ordered on October 5, 20 I 0 and assigned court order number 2010 - 1666. Recommended by the Office of Budget and Evaluation.

Juvenile Department 21 - File Cabinets 3 - Large Cork Board 1 - Small Cork Board 1 - Black Office Chair 1 - HD Printer 3 - Desks 2 - Small Tables None Surplus Surplus The Juvenile Department requests the listed items from surplus. Recommended by the Office of Budget and Evaluation.

District Clerk 1 - All in one Printer $190 Records Management Funds Records Management Funds The District Clerk requests approval to purchase an all in one printer for his office. Funds are available in the District Clerk's Records Management Funds. Recommended by the Office of Budget and Evaluation.

Sheriff - North Texas Auto Theft Task Force

ITEMS:


PROPOSED ACTION:

328

1 - Trailer Electric Jack ($225) 1 - Motorcycle Lift ($225) 2 - 7" TFT Monitor ($160 each) 2 - Adjustable Shop Seat ($90 each) 2 - Rivet Nut Kit ($90 each) $1,130 Grant Funds 466.0.2730.2011.0.0.56.0. (Grants Funds, Small Tools) Sheriff requests the listed items for the North Texas Auto Theft Task Force. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICA nONS

Communications & Central Services - Pll08001 - requests authorization to purchase software port licenses and key codes for Oak Cliff Sub Courthouse. Equipment $1470.60; Installation $82.50; Recurring Cost $0.00 - Recommended

County Clerk - requests: Mll07029 - long distance code for Suprenna Williams. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Dll08001 - 3 data drops for Truancy Courts locations, due to adding work station for court operators. Equipment $0.00; Installation $600.00; Recurring Cost $0.00 - Recommended

District Clerk -_Mll08008 - requests 1 multi-line display for new employee. Equipment $76.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Health & Human Services - Mll07031 - requests long distance code for Jacquelyne Rolling. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Juvenile- Medlock - MIl 07032 - requests 1 voice drop for new employee. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

Parkland Jail Health - M1108005- requests 2 single line phones for 2 new voice lines. Equipment $86.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Public Works - D1107008 - requests 2 data drops. Previous drops were damaged when furniture was moved. Equipment $0.00; Installation $400.00; Recurring Cost $0.00 -Recommended

R&B #3 - MII08004 - requests long distance code for DeMaris Rodriguez. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

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Sheriff's Dept - Ml107030 - requests long distance code for department supervisors. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department 1023, line item 7214.

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