july 15,2003 - dallas countyday/respite care for children & ado open arms parkland hospital...

1

DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

July 15,2003

REPORTSIRECOMMENDATIONSIREOUESTS

1) HEALTH & HUMAN SERVICES

PAGE NOS.

a) Reallocation of FY 2003 - 2004 Ryan White C.A.R.E.Act Title I Contract Funds ($204,763) 4-7

b) Reallocation ofFY 2003 - 2004 Ryan White C.A.R.E.Act Title II Contract Funds ($8,000) 8-10

c) Reallocation of FY 2003 - 2004 Ryan White C.A.R.E.Act Title I Contract Funds ($357,213) 11-14

d) Reallocation of FY 2003 - 2004 Ryan White C.A.R.E. Act Title IMinority AIDS Initiative Contract Funds ($90,000) 15-17

e) Reallocation of FY 2003 - 2004 Ryan White C.A.R.E. Act Title IMinority AIDS Initiative Contract Funds ($150,786.24) 18-20

f) Reallocation ofFY 2002 - 2003 State of Texas HIV Healthand Social Services Funds ($40,000) 21-23

2) ELECTIONS DEPARTMENT

a) Voting System Upgrade Mandated under the HelpAmerica Vote Act 24-26

b) Selection of Election Judges/Alternate Election Judges,Ballot Board Judge/Alternate Judge, and Early VotingElection Judges for the 2002- 2003 Tenn 27-28

Attachments 1, 2, 3 & 4 Inserts

c) Local Option Election 29-30

2

3) COUNTY TREASURER

Assignment of Bankers Trust Company Custodian Agreementto State Street Bank and Trust Company 31-32

(COURT ORDER ON FORMAL AGENDA)

4) ,fUVENILE DEPARTMENT

Requests from the Council of Governments for Additional Informationconcerning Drug Court Diversion Program Application . . . . . . . . . . . . . . 33-36


5) SHERIFF'S DEPARTMENT

Grant Application for Project Safe Neighborhood 37-43

6) ENGINEERING & PROJECT MANAGEMENT

a) 2002 Major Elevator Upgrade - Change Order No.1 44-45(COURT ORDER ON FORMAL AGENDA)

b) IndefInite Quantity Architectural/Engineering ServicesYR 2003 - SOQ No. 2003-095-1336 46-77

7) PLANNING & DEVELOPMENT (CDBG)

Proposed FY 2003 CDBG & HOME Project Funding, PublicHearing NotifIcation and Annual Action Plan , 78-85

8) PURCHASING DEPARTMENT

a) Annual Contract for Janitorial Services for HHSBid No. 2002-137-1177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 86-87

b) RFP for Annual Contract for Laboratory Analysis and DrugTesting Services of Urine and Blood Specimens 88-108

3

9) PUBLIC WORKS DEPARTMENT

a) Master Agreement Governing TransportationMajor Capital Improvement Projects " 109-124

b) Local Project Advance Funding Agreement with TxDOTTransportation Management Center 125-132

10) DISTRICT ATTORNEY/CIVIL SECTION

Attorney Fee Contract of Martha Crandall Coleman - StrasburgerPrice, L.L.P., for a Review of AlA Document A201-1997 133


11) HUMAN RESOURCES/CIVIL SERVICE

Master Training Plan 134-135

12) OFFICE of BUDGET and EVALUATION

a) Dallas County Re-Commitment and Medication Hearings •...• 136-137

b) Requests for Exceptions to the Hiring Freeze (JPs Ellis & Whitney) . . 138-141

c) District Attorney's Office Victim WitnessProjectGrantApplication 142-149


13) Sheriff's Office FY '03 Budget (Spending) Reductions Plan N/A

14) Miscellaneous, Travel Requests, Miscellaneous Equipment,and Telecommunications Requests 150-156

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DATE(s) TO REMEMBER

4DALLAS COUNTYHEALTH AND HUMAN SERVICESGRANTS MANAGEMENT

BETTYJ.CUl8REATHDIRECTOR

TO: THE HONORABLE COMMISSIONERS COURT

FROM: BETTY J. CULBREATH, DIRECTORHEALTH AND HUMAN §ERVICES

DATE: JULy 8, 2003

SUBJECT: REALLOCAnON OF FY 2003-2004 RYAN WHITE C.A.R.E. ACT TITLE ICONTRACT FUNDS

Bacground of IssueThe Dallas County Judge is the grantee and legal recipient ofRyan White C.ARE. Act (Ryan White) TitleI funds for the Dallas Eligible Metropolitan Area (EMA). Dallas County Health and Human Services(DCHHS) is designated to serve as the Administrative Agency for Ryan White Title I funds for the DallasEligible Metropolitan Area (EMA). DCHHS tracks the expenditure of funds by service providersthroughout the contract period and makes recommendations, when appropriate, to reallocate funds. Inaccordance with the provisions ofTitle I ofthe Ryan White C.A.RE. Act, the grantee appoints membersto serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with theresponsibility of establishing priorities for the allocation of Title I funds and determining the categoricalallocation of funds by service category.

The initial FY 2003-2004 Ryan White Title I award, in the amount of$13,205,009 was allocated as follows:$9,493,725 awarded to service providers; $630,734.76 awarded to service providers in Title I MinorityAIDS Initiative funds; $60,000 for Program Support, $191,000 for RWPC Support (including staffsalaries,benefits, equipment, and supplies), $25,000 for Needs Assessment; $660,250 to DCHHS for administration(including staff salaries, benefits, equipment, and supplies); $45,000 for Program Evaluation; $75,000 forQuality Management; $1,086,269 for the AIDS Drug Assistance Project; and $938,030.24 in unallocatedfunds (including $240,786.24 in unallocated MAl funds).

Ofthe $938,030.24 in unallocated funds, $204,763, was issued in competitive Request for Proposal #2003092-1333. On April 7, 2003, Dallas County made RFPs available to all interested parties, with proposalsbeing due by April 28, 2003. The proposals were reviewed and scored by an External Review Committee(ERC), which is comprised ofindividuals demographically reflective ofthe DallasEMA's IDV/AIDS cases.DCHHS has reviewed the initial recommendations by the ERC and is making final recommendations forthe award ofcontracts to Commissioners Court.

Fiscal ImpactThere is no fiscal impact on Dallas County.

2377 Stemmons FreewaySuite 200 LB-16

Dallas, Texas 75207-2710 Office (214) 819-1849FAX (214) 819-6023

RECOMMENDED BY:

5Operational ImpactAdministrative Agency staffwill coordinate and monitor the programmatic and fiscal accountability ofthesubcontractors in accordance with the responsibilities assigned to them by the Dallas County CommissionersCourt.

Le&al ImpactThe Dallas County Commissioners Court must approve the award recommendations and authorize theCounty Judge to sign the contracts on behalf ofDallas County.

RecommendationIt is recommended that the Dallas County Commissioners Court does hereby approve the award ofreallocated FY 2003-2004 Ryan White C.A.RE. Act Title I contract funds totaling $204,763 to serviceproviders as presented in Attachment A, and authorize the County Judge to sign the contracts with thespecific service providers on behalfof Dallas County.

• ~-=r-----Department of Health and Human Services

attachmentc: J. Allen Clemson, Court Administrator

Virginia Porter, County Auditor

2377 Stemmons FreewaySuite 200 LB-16


6

FY 2003-2004 Title I AWARDAttachment A

AGENCY

,'\IDS Arms, Inc,

AIDS Interfaith Network, Inc,

Resource Center of Dallas, Inc.

SERVICe CATEGORY

Comprehensive Case ManagementDrug Reimbursement

Outpatient Medical CareTOTAL

Day/Respite Care for AdultsClient Advocacy

Congregate MealsSign Language/lnterp, ServicesAccess for Taraeted Populations

Transportation (people)Transportation (Medicine)

Buddy/Companion ServicesTOTAL

Client AdvocacyDental CareFood Pantry

Conareqate MealsInformation & ReferralInsurance Assistance

Medical Case ManagementAccess for Targeted Populations

TOTAL

i FY 20ua-':004 Ii Initial Title 1 Award I

$274,62700$410,156,00$252,515,00$821,96500

$1,759,263.00

$105,00000$133,582,00$61,42000$59,330,00

$143,700,00$204.786,00

$0,00$96,630,00

$804,448.00

$60,000.00$370,440.00$92,173.00

$155,781.00$0.00

$560,566.00$76,569,00$42,000,00

$1,357,529.00

FY 2003.Z004Revised Award

$0,00

$0.00

$0.00

Ii

FYZ003-Z004 ;Total Title 1 Award "

$274,62700$410,156,00$252,515,00$821,96500

$1,759,263,00

" $105,00000$133,582,00$61,420,00$59,330,00

$143.700,00-----1$204.78600

$0,00$96.630,00

$804,448.00

$60,000,00$370,440.00$92.17300

$155,781.00$0,00

$560,566.00$76,569.00$42,000.00

$1,357,529.00

AIDS Services of Dallas

ComprehensIVe Case ManagementCongregate Meals

Medical Case ManagementTransportation (people)

TOTAL

$86,000.00$154.284.00$111.706,00$26,687.00

$378,677.00 $0.00

$86.000,00$154,284,00$111.706.00$26,687.00

$378,677.00

AIDS Services of NorthTexas. Inc.

Comprehensive Case Management $99,213.00Drug Reimbursement $232,570.00

Food Pantry $54,300.00Insurance Assistance $87,361,00

Medical Case Management $117,741,00Mental Health Counseling $84,655.00Outpatient Medical Care $216,394,00

Transportation (peoplelrx) $74,335,00Client Advocacy $23,749.00

Buddy/Companion Services $25,000,00TOTAL $1 $0.00

$99.213,00$232,570.00$54,300,00$87,361,00

$117,741.00$84,655.00

$216,394,00$74,335.00$23,74900$25,000,00

$1

Dallas ~vu"'Y ,~g,uj Division

Ah"CA ServicesTOTAL

EarlyTOTAL

",,0:; on:"",nn

$0.00

$0.00

<I: 0'''''

:Legal Hospice

Dental Health Programs, Inc.

Home Me'~'r-rn ~"')e't1"CE~1S

Leaal ServicesTOTAL

Dental CareTOTAL

Home Health CareTOTAL

I

,600.00

onMnn

$0,00

$0.00

$0.00

111

Inn no

Hilivale

Legacy Counseling

Congregate MealsMental Health

Substance Abuse ServicesMedical Case Managment

TOTAL

Congregate MealsMental Health CounselingSubstance Abuse ServicesBuddy/Companion Services

TOTALII

$0.00$72,865.00$40,000,00

$0,00$112,865.00

$14,433,00$79,250.00$80,000,00$12,100,00

,nnIi

$32,678,00

$102,425.00$135,103,00

$0.00

$32,67800$72,86500$40,00000

$102,425,00$247,968,00

$14,433,00$79,25000$80,00000$12,10000

<til"&:: 7"~ nn

,

0710112003124238 PM

7

$41,87400$286,188.00

$244,31400

$117,817.00

I $78,217.00 iI $39,600.00

$0.00

$15,120.00 $15120.00

$39,600.00

$255,43700 $255,43700$189,55200 $189,55200

$117,817.00

$100,000.00 $100.000.00

$78,21fOo

$1,802,794.00 $1,802,794.00

$41.874.00$244.314.00

I $286,188.00 $0.00

$2,439,699,00·=d==~$70'700~==+=f$2c+,4;:;3;;;9;;,6:;9;:9.;:00~d

Case Management I)::::'::'····· $25,660,00 ··I"I:>i~~:,~'~6:&;:::>:TOTAL

TOTAL

Mental Health

TOTAL

Client Advocacy

Client Advocacy

Client AdvocacyDrug Reimbursement

......................:;:;:;: .

Outpatient Medical Care

Medical Case ManagementAccess for Targeted Populations

Access for Targeted Poculations

Day/Respite Care for Children & AdoOpen Arms

Parkland HospItal

Client Advocacy $63,650.00 $63,650.00Congregate Meals $59,043.00 $32,679.00 $91,722.00

Welcome House Access for Targeted Populations $29,200,00 $29,200.00Substance Abuse Services $76,000.00 $76,000.00

Comorehensive Case Manaaement $11,321.00 $11,321.00

UNALLOCATED FUNDSADAP

$697,244.00$1,086,269.00

($204,763.00) $492,481.00$1,086,269.00

..........•.........;.;...;.;..•:.;•.•; :._;.;:::::;:;:;:;.;:x;:;:;»:······· ;.;.;-:;:::;::::::;:::;:;:;:;:;:;:;:;:; ;.:-;.;.;.;.;.;.;.;.;::.;.;.;.;...•:.

iTOTAL FUNDS 4' (V"4Tl=n TO CIRECT SERVICES

ProaramQuality ManagementNeeds AssessmentProaram Succort

...;.;.;.;.;.;.;.;.;.;.:.:.; :.;.;.;.;.:.:.;.: ; :.;.:<;:;;:::;:;:::;:; :::::::::::::;:::~::;~:~:~:~:~:~:~:;::::::;::::;:::::::?~::::::::::::::':';"':'"

$45,000.00$75,000.00 $75,000.00$25,000.00 $25,000.00$60,000.00 $60,000.00

RWPC support $191,000.00 $191,000.00Program Administration $660,250,00 $660,250.00

..................,..".".,.,.,.,.""""",.",:'";,;,,"': ";::'::'::':<·}:44'l~f;r:}'<"""·

07101/2003124240 PM

8

DALLAS COUNTYHEALTH AND HUMAN SERVICESGRANTS MANAGEMENT

BETTYJ.CUlBREATHDIRECTOR


FROM: BETTY J. CULBREATH, DIRECTORHEALTH AND HUMAN SERVICES

DATE: JULY 8, 2003

SUBJECT: REALLOCATION OF FY 2003-2004 RYAN WHITE C.A.R.E. ACT TITLE UCONTRACT FUNDS

Background of IssueThe Dallas County Judge is the grantee and legal recipient of Ryan White C.AR.E. Act (Ryan White) TitleII funds for the Dallas Health Services Delivery Area (HSDA). Dallas County Health and Human Services(DCHHS) is designated to serve as the Administrative Agency for Ryan White Title II funds for the DallasHSDA DCHHS tracks the expenditure offunds by service providers throughout the contract period andmakes recommendations, when appropriate, to reallocate funds. In accordance with the provisions of TitleII of the Ryan White C.AR.E Act, the grantee appoints members to serve on the Dallas HSDA Ryan WhiteConsortium of North Texas (RWCNT). The RWCNT is charged with the responsibility of establishingpriorities for the allocation of Title II funds and determining the categorical allocation of funds by servicecategory.

The initial FY 2003-2004 Ryan White Title II award, in the amount of $2, 188,325.00, was allocated asfollows $1,956,832 to be awarded to service providers; $29,000 for RWCNT Support (including staffsalaries, benefits, equipment, and supplies); $194,493 to DCHHS for administration (including staff salaries,benefits, equipment, and supplies); and $8,000 in unallocated funds.

The $8,000 in unallocated funds was reissued in a competitive one-page request for proposals (RFP). OnMay 14,2003, Dallas County made one-page RFPs available to subcontractors who applied for and wereawarded funding in the Insurance Assistance service category Proposals were due May 21, 2003. Theproposals were reviewed and scored by an External Review Committee (ERC), which is comprised ofindividuals demographically reflective of the Dallas HSDA's HIY/AIDS cases DCHHS has reviewed theinitial recommendations by the ERC and is making final recommendations for the award of contracts toCommissioners Court.


2377 N. Stemmons FreewaySuite 200 LB-16

Dallas. Texas 75207-2710 Office (214) 819-1849FAX (214) 819-6023

9

Operational ImpactAdministrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of thesubcontractors in accordance with the responsibilities assigned to them by the Dallas County CommissionersCourt

Legal ImpactThe Dallas County Commissioners Court faust approve the award recommendations, and authorize theCounty Judge to sign the contracts on behalf of Dallas County.

RecommendationIt is recommended that the Dallas County Commissioners Court does hereby approve the award ofreallocated funds from FY 2003-2004 contract awards in the amount of $8,000 to the service provider aspresented in Attachment A, and authorize the County Judge to sign the contracts with the specific serviceprovider on behalf of Dallas County.

RECOMMENDED BY:Betty J. Culb at rectorDepartment of ealth and Human Services

c: J. Allen Clemson, Court AdministratorVirginia Porter, County Auditor

2377 N. Stemmons FreewaySuite 200 LB-16


1 0Attachment A

FY 2003-2004 Title II AWARD

FY 2003·2004 FY 2003-2004 FY 2003-2004 ilInitial TItle UAward Revised Award Total Title It Award II

Case Management $295,67900 $295,67900:

SERVICE CATEGORYAGENCY

AIDS Arms, Inc.

ir:,:,: ,','"""""',',',',,,',':',:,::':':':':'::::,':::':::'::':::::::::::::::::'::::::::::':::":'::'1:::':'::.: ':::::::::':':':::'::2~'~~::'~:a'~~'~:~:;~:t':,::::",":':"":':""':: ':"::':':':::::':':':':$'~~':';Tg:8ci':':':::' ::::::,":::,: :::":::::",:::::::,:,:,:::::,, ::":':::",:::::,":':::':'::::::: $85,210.00

1

:','1 Food Pantry $3,618.00 $3,618.00Outpatient Medical Care $34,365.00 $34,365.00

AIDS Resource Center Local Drug Reimbursement $13,770.00 $13,770.00I of Texoma Transportation $10,043.00 $10,043.00i Substance Abuse Services $1,628.00 $1,62800

Dental Care $3,004.00 $3,004.00Direct Housing Assistance $3,617.00 $3,617.00

Insurance Assistance $8,139.00 $8,139.00

Transportation - People $9,970.00 $9,970.00Local Drug Reimbursement $7,502.00 $7,502.00

I AIDS Resources of Mental Health Counseling $5,161.00 $5,161.00

1

111

' Rural Texas Outpatient Medical Care $22,785.00 $22,78500Medical Case Management $12,600.00 $12,600.00

TOTAL $163,394.00 $0.00 $163,394.00.:.;.;.:.:;;.;.;...... . :!:~:~;;::...::::::...:::;::::.}j:it:~:~t:~;j:!:::::::~(:::::;.;: ;...;...;:;:;:::;:::::;:;:;:;:::;:::::;:; ::;:;:::;:::;:;:;:; ::;:;:;::. ;.;.;...;.;.;.:.;.;.:.;.;.;.;.;.;.; ::;:::;:::;:;:::: ;:;:::; ;:;:;:;:;:;:::;:::;:::;:::::;:::;::::::::::;;:;:::;:::;:;;.;::;:;:::;:;:::::;:;:: .:;::.::..:::' ".' .:'" .;'; :::;";.: -.:. ;::.::..:..,:: ...-::"::: ..'" :';':'}' :.: ..";" ;'. :: :.:.;.;" :~" ;". ;. :·:t·:"~; ;." ;:::;.:.:.:

ICase Management $10,320.00 $10,320.00

Food Pantry $11,060.00 $11,060.00

TOTAL $79,398.00 $0.00 $79,398.00I""·.•"..·.. ,.,.":>::::::::,:",,::,,,::,,:,:,:,'::::,,,::::"::"'::::':""":"::':':".l===::::::::::::;;p±¥~====:::::::z$=~~~g:z=$====:iij==::::::::::=$=~~~::::::qlI Dental Health Programs, Inc. Dental Care $51,100.00 $51,100.00

I......... . .. , TOTAL $51,100.00 $0.00 $51,100.00

iRenC:;iss';ncelii,lnc: Access for Targeted Populations $1 <;.11 nnr Ilf $154,00000I TOTAL $154,000.00 $0.00 $154,000.00Il:}:::::"?':':::::::':':':: :,::.:,:::::::::::::::'::::':>:::::':,:::::,:::l::=+==~zgz:=;=gpIZ;:::;~$==~gpggggZE'Z.ZE'Zi:'z;z~.~~~~:=:cl

II Welcome House Access for Targeted Populations $100,000.00 $100,000.00II TOTAL $100,000.00 $0.00 $100,000.00

!l=:.::z=;;pPaI;rk=+,a=n=d;:;;H+o=s=p*itaQI::=:.::z$z:.::z=O¥'IutP:p=at:IieZn+t~M2e='diZca='l::;cPa=re:.::z::==iPz==$f2f4;7A,9@5¥0~.00&=:.::z=$ZJ==I2illi:Zz::=:.::zt=~$8284®74,9450g.~00©Z~1TOTAL $247,950.00 $0.00 $247,950.00

I 'r()TACFG~8~XvVX~DED() SERVICE PROVIDERS $1,956,832.00, $8,000.00 , $1,964,832.00' .. "1'1

'1 1',:" ".".:f".... j" .

[Ill+8'rACFD~DgAL[82~'rg±TODf~g2¥~~~V,2g~~DS $1$:~~~~3~000 ···············f::·· ($8,000.00) ... ·····f· $1 ,9:~,~~200il. ljJ 1·','1II"""::':"::::':::'::'·:':::::::'·:'::':::'::':::':>:'::r':':"":':':":':::'P:r~~;~'Il1;E~'~I~~t;~'~' $0.00 ".':., :·,·,,··:·"··T"····· ... ,:,.,." i"" $0.00 I

:'1 I Quality Management $0.00 I $000 ['i Needs Assessment $0 00 $0 00I Program Support $0.00 1 $000

:1 RWPC support $29,000.00 I $29,00000 IIII Program Administration • $194,493.00 I $194,493.00if-:::::.:::·::::::.:-::::::-:;;::;:::::::::::;::;::::;:::::::>:::::::;:::::?::::::;:::::::::::::;:::;: IilTOTAL FY 2003·2004 TITLE II AWARD $2,188,325.00 J. _._ _ . I $2,188,325.00 !

!I

06/26/2003084844 AM

1 1


BETTY J. CULBREATHDIRECTOR

('...,- ,v

- ,i

, Ii'

TO: THE HONORABU COMMISSIONERS COURT

"'ROM: BETTY J. L"'ULBREATH, DIRECTORHEALTH AND HUMAN SERVICES

DATE: JULY 8, 2003

SUBJECT: REALLOCAnON OF FY 2003-2004 RYAN WHITE C.A.R.E. ACT TITLE ICONTRACT FUNDS

BackgJyund of IssueThe Dallas County Judge is the grantee and legal recipient ofRyan White C.A.R.E. Act (Ryan White) TitleI funds for the Dallas Eligible Metropolitan Area (EMA). Dallas County Health and Human Services(DCHHS) is designated to serve as the Administrative Agency for Ryan White Title I funds for the DallasEligible Metropolitan Area (EMA). DCHHS tracks the expenditure of funds by service providersthroughout the contract period and makes recommendations, when appropriate, to reallocate funds. Inaccordance with the provisions ofTitle I ofthe Ryan White C.A.R.E Act, the grantee appoints membersto serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with theresponsibility of establishing priorities for the allocation of Title I funds and determining the categoricalallocation of funds by service category.

The initial FY 2003-2004 Ryan White Title I award, in the amount of $13,205,009, was allocated asfollows: $9,493,725 to be awarded to service providers; $630,734.76 awarded to service providers in TitleI Minority AIDS Initiative (MAl); $60,000 for Program Support; $191,000 for RWPC Support (includingstaff salaries, benefits, equipment, and supplies); $25,000 for Needs Assessment; $660,250 to DCHHS foradministration (including staffsalaries, benefits, equipment, and supplies); $45,000 for Program Evaluation;$75,000 for Quality Management; $1,086,269 for the AIDS Drug Assistance Project; and $938,030.24 inunallocated funds (including $240,786.24 in unallocated MAl funds).

Of the $938,030.24 in unallocated funds, $492,481 was reissued in a competitive one-page request forproposals (RFP). On May 14,2003, Dallas County made one-page RFPs available to subcontractors whoapplied for and were awarded funding in the following service categories: Early Intervention Services,Outpatient Medical Care, Drug Reimbursement, Food Pantry, Insurance Assistance, Substance AbuseCounseling, and Day/Respite Care for Children. Proposals were due May 21, 2003. The proposals werereviewed and scored by an External Review Committee (ERC), which is comprised of individualsdemographically reflective of the Dallas EMA's mv/AIDS cases. DCHHS has reviewed the initialrecommendations by the ERC and is making final recommendations for the award of contracts toCommissioners Court.

2377 StemmoDs Freeway Dallas, Texas 75207-2710 Office (214) 819-1849

12

Fiscal ImpactThere is no fiscal impact on Dallas County_

Operational ImpactAdministrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of thesubcontractors in accordance with the responsibilities assigned to them by the Dallas County CommissionersCourt.

Legal ImpactThe Dallas County Commissioners Court must approve the award recommendations, and authorize theCounty Judge to sign the contracts on behalfofDallas County.

RecommendationIt is recommended that the Dallas County Commissioners Court does hereby approve the award ofreallocated funds from FY 2003-2004 contract awards in the amount of$357,213, to the respective serviceproviders and categories as presented in Attachment A, and authorize the County Judge to sign the contractamendments with the specific service providers on behalfof Dallas County.

RECOMMENDED BY:

attachmentc: 1. Allen Clemson, Court Administrator


2377 Stemmons Freeway Dallas, Texas 75207-2710 Office (214) 819-1849

1 3Attach'1'1ent A

FY 2003-2004 Title I AWARD

Comprehensive Case Management

$1,759,263.00 $0.00 I $1,759,263.00................................ ,.",.",..,.",.."',',,,,':"",,:,:,::,:::::,: "::,:.":::"::':':".:):, f)')':: ." ..

AGENCY

AIDS Arms, Inc.

SERVICE CATEGORY

Drug ReimbursementMedical Case Management

Outpatient Medical CareTOTAL

i FY 2003-2004 toy ~U03·~U04 i FY 2003.2004 ===;1Award Revised Award i Total Title 1 Award

$274,627.00 $274.62700$410,15600 $410.15600$252,51500 $252,515.00

Day/Respite Care for Adults $105,000.00 $105,000.00Client Advocacy $133,582.00 $133,582.00

Congregate Meals $61,420.00 $61,42000

AIDS Interfaith Network, Inc.Sign Languagellnterp Service<; $59,330.00 $59,33000'

r--;;A=-:-c~ce~s.':.s='fo::"r'-';T;:::a~rg::::e:'-te::::d'-:P;;-o~p~u:;:la~ti-=-on::::s:--t---;;;$T147;3~,7:;;ovO~00:;=;;---+-----+---i$714:';::3~,;:7oo;:::::00~---1

Transportation (people) $204,786.00 $204,786.00Transportation (Medicine) $0.00 I $0.00

Buddy/Companion Services $96,630.00 $96,630.00TOTAL $804,448.00 $0,00 I $804,448.00

Client Advocacy $60,000.00 $60,000.00Dental Care $370,440.00 $370,440.00Food Pantry $92,173.00 $92,173.00

Resource Center of Dallas, Inc. f-_---.::::Ci:::0=n~g:.reg==a:.:,;te:'-;M;;:::.eai:'l=s::::---+--.::.$.:.:15:;;5~, 7=-;;8;;:;1..:..:.00=-_-+ + __-=:$.:.:15::;5~,7:..;.8;;:;1:.:;.00::::... _Information & Referral $0.00 $0.00Insurance Assistance $560,566.00 $138,320.00 $698,886.00

Medical Case Management $76,569.00 $76,569.00Access for Targeted Populations $42,000.00 $42,000.00

TOTAL $1,357,529.00 $138,320.00 $1,495,849.00

TOTAL $0.00 $18,000.00 $18,000.00

AIDS Services of Dallas

Comprehensive Case ManagementCongregate Meals

Medical Case ManagementTransportation (people)

TOTAL

$86,000.00$154,284.00$111.706.00$26,687.00$378,677.00 $0.00

$86,000.00$154,284.00$111,706.00$26,68700

$378,677.00

AIDS Services of NorthTexas, Inc.

Comprehensive Case ManagementDrua Reimbursement

Food PantryInsurance Assistance

Medical Case Management IMental Health Counseling IOutpatient Medical Care

$99,213.00$232,570.00$54,300.00$87,361.00

$117,741.00$84,655.00

$216,394.0074 ':\':\

$55,000.00$8,799.00

$12,61200

$99,213.00$287,570.00$63,099.00$87,361.00

$117,741.00$84,655.00

$229,006.00.,.,'" ('It

rHo". ,23.74900I Services

TOTAL,'" ('It

$' 015,: 18.00 $76,411.00 $ ,OS 1,729.00

rAnAP

$32,678.00

$70,543.00$72,86500

$200,000.00 I.......j$200,000.00

$111,600.00

$330,042.00

$111,600.00

$278,511.00$102,425.00

$330,042.00

II $0.00

':\~' q':\R 00

. q'Ulnn

.,~ "''''''' nr I $21,009.001"~ ':::1:" nn I $21,009.00

$111,60000 I$111,600.00 $0.00

$330,042.00$330,042.00 $0.00

$32,678.00 I$72,865.00 I I$40,000.00 $30,54300 I

$102,425.00 i$247,968.00 $30,543.00 I

$200,00000 I I$200,000.00 $0.00

::....

TOTAL

Congregate Meals

TOTAL

Legal Services

Mental Health

Dental Care

Home Health Care

Substance Abuse

TOTAL

TOTAL

TOTAL

Il.h, ,~o ServicesTOTAL

Early

Medical Case Managment

Inc.

Home

Hillvale

.. .

Dental Health ....

Dallas County Health .Division

06/26/2003085857 AM

14Congregate Meals

Mental Health Counseling$14,43300$79,250,00

$1443300$79250 00

$12,100.00$125.814.00

$231.597.00$45,814.00

$45,814.00$12,10000$80,000.00

$185,783.00TOTAL

Substance Abuse ServicesBuddylCompanion Services

··,,·'·}\\\i·••··•••·••·•.lp}=':,=·=~~~~=··~·:·+t=<'=' ~~'N'·F··..=·'~,·q={====41='=~~~~~Client Advocacy $76,796.00 $76,79600

.D_.ru_g.~ Re.i..m...b.u...rs.e..m...e..n.t. . $100,000 00 $100 000 00

Legacy Counseling

Parkland HospitalAccess for Targeted PopUlations $15,120.00 $15,120.00

i Medical Case Management $255,437.00 $255,43700Mental Health $189,552.00 $189,552.00

Outpatient Medical Care $1,802,794.00 i $1,802,79400TOTAL $2,439,699.00 $0.00 $2,439,699.00

$41,874.00$310,004.00

$268,130.00$23,816.00

$23,816.00$41,874.00$244,314.00

$286,188.00

I DaylRespite Care for Children & Ado.i Client AdvocacyI TOTAL

Open Arms

MASS,lnc. Comprehensive Case Management $25,660.00 $25,660.00TOTAL $25,660.00 t?<; I:l:n.oo

III, Inc. Client Advocacy $78,217.00 $78,217.00Access for Targeted PopUlations $39,600.00 $39,600.00 I

TOTAL $117,817.00 $0.00 $117,817.00.::.': ..:.:.•.•.•.:.:.:.:::::::Wt :.f1E;:'E].:';i·,·,···,·E]:·.·:::4ill;:::::i¥f;:::_.:':::':ETI·"::·:·..:-:E].:-,.:-:E].... ,~.,.,.:':.);:.:::::r.\:?ETI··· ..~~~~ITJTIIEj

White Rock and Friends Food Pantry $10,000.00 $3,300.00 $13,300.00TOTAL $10,000.00 $3,300.00 $13,"Inl1 nn

Client AdvocacyCongregate Meals

$63,650.00$91,722.00

$63,650.00$91,72200

Welcome House Access for Targetad PopulationsSubstance Abuse Services

$29,200.00$76,000.00 $0.00

$29,200.00$76,000.00

Comprehensive Case ManagementTOTAL

$11,321.00$271,893.00 $0.00

$11,321.00$271,893.00

ItOTAL FUNDS $357,213.00 $10,055,701.00

UNOBLIGATED FUNDS <tAO~ ASH.oo I I $000UNALLOCATED FUNDS

ADAP$0.00

$1 nR~ ?RC nr

$135,268.00

I$135,268.00

$1,086,269.00

TOTAL FUNDS ALLOCAi t:u TC DIRECT SERVICES $11,277,23800 I $11,277,238.00

Program Evaluation $45,000.00 $45,000.00

i Quality Management $75,000.00 $75,00000Needs AssessmentProgram SupportRWPC support

Program

$25,000.00'tRr nor nn

't1Q1 nnn nn~RRr ?c:;r nr

$25,000.00

;191 10000:RRI nr

Minority AIDS Initiative (MAl)

TOTALFy"~M ~M. TITLEIAW~

&871 ,5~2~1.0~OilltITIITTIillillill.JJJJ:Z44;8j4·t1t0I;ZillJJ"4> ':':':/1

$ 3,205, 1,00 I $ ,., ,n

0612612003021202 PM

1!:)


BETTYJ.CULBREATHDIRECTOR


FROM: BEnY J. CULBREATH, DIRECTORHEALTH AND HUMAN SERVICES

DATE: JULy 8, 2003

SUBJECT: REALLOCAnON OF FY 2003-2004 RYAN WHITE C.A.R-E. ACT TITLE IMINORITY AIDS INITIATIVE CONTRACT FUNDS

Background of IssueThe Dallas County Judge is the grantee and legal recipient ofRyan White C.ARE. Act (Ryan White) TitleI funds for the Dallas Eligible Metropolitan Area (EMA). Dallas County Health and Human Services(DCHHS) is designated to serve as the Administrative Agency for Ryan White Title I funds for the DallasEligible Metropolitan Area (EMA). DCHHS tracks the expenditure of funds by service providersthroughout the contract period and makes recommendations, when appropriate, to reallocate funds. Inaccordance with the provisions ofTitle I ofthe Ryan White C.ARE Act, the grantee appoints membersto serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with theresponsibility ofestablishing priorities for the allocation of Title I funds and determining the categoricalallocation offunds by service category.

The initial FY 2003-2004 Ryan White Title I award, in the amount of$13,205,009, included an allocationof$871,521 for Minority AIDS Initiative (MAl). Of the $871,521 in MAl funding, $240,786.24 wasunallocated.

Ofthe $240,786.24 in unallocated funds, $90,000 was reissued in competitive Request for Proposal #2003092-1333. On April 7, 2003, Dallas County made RFPs available to all interested parties, with proposalsbeing due by April 28, 2003. The proposals were reviewed and scored by an External Review Committee(ERC), which is comprised ofindividuals demographically reflective ofthe Dallas EMA's mY/AIDS cases.DCHHS has reviewed the initial recommendations by the ERC and is making final recommendations for

the award ofcontracts to Commissioners Court.


Operational ImpactAdrriinistrative Agency staffwill coordinate and monitor the programmatic and fiscal accountability of thesubcontractors in accordance with the responsibilities assigned to them by the Dallas County CommissionersCourt.


16Legal ImpactThe Dallas County Commissioners Court must approve the award recommendations and authorize theCounty Judge to sign the contracts on behalf of Dallas County.

RecommendationIt is recommended that the Dallas County Commissioners Court does hereby approve the award ofreallocated FY 2003-2004 Ryan White C.AR.E. Act Title I Minority AIDS Initiative contract funds in theamount of $90,000 to service providers, as presented in Attachment A, and authorize the County Judge tosign the contracts with the specific se 'ce providers behalf ofDallas County.

RECOMMENDED BY:



, DirectorHealth and Human Services


17Attachment A

FY 2003·2004 TITLE I MAl

$11.93300

$44,263.76

$14,339.00

;",,1 or$50,000.00

$60.000.00

$50,000.00

$14.339.00

$344,538.00

$120,000.00$120,000.00

$119.924.76

i,471.00

FY 20Q3·Z004Total MAl Award

$0.00

$0.00

$0.00

$14.339.00$14,339.00

$75,661.00

$25,661.00$50,000.00

t" T ;,cuua·;.:\1U4Revised Awardr

SI;RVKa: CATEGORY FY zooa.Z004Initial MAl Award

CASE MANAGEMENT $60.000.00DRUG REIMBURSEMENT $11,93300

MEDICAL CARE $344.538.00MEDICAL CASE MANAGMENT $50,000.00

TOTAL $466,471.00

CASE IT $0.00MEDICAL CASE MANAGEMENT $0.00

MENTAL HEALTH $44,263.76TOTAL $44,263.76

CLIENT An\ln~A, ;y $120,000.00TOTAL $120,000.00

CASE MANAGEMENT $0.00TOTAL $0.00

AGENCY

HILLVALE

AIDS ARMS

.

146+~L~O~b~~W~~Bg6f6~gi~'6~:~~6016i~i/ .. . ~~;~.;;;:;~~~~.~o~:~~·· $720.734.76

·:::C~6~Eig:i:~6;S~6s······· $;~~,;~~:;~..····;;;;::;:.;;;:~24 I

............:..::::.::.:::::::::::::::::::::::::::/:::::::}} :}}:::::::::::::: ::::: :: ::::::: :r:::}: :.:::::::::::::::.:.....:.:.:.:.:.:.:.:.:..:.::::::::::::::::::::::::::::::::::::: :::::::::::::::}:::::::::;:::(:::,::;::::::}::::::::::::::.:::::::::::::: .:;:::::){.::;:;::::::':::::;::::::::::)::::::: ::::::::::::::::: :;:::t{::::':: :{:::;:::::::{(){:::: ::}}::::::;::::::)II fOTACF'u"NDsALCocATebf66IREcTsERvicEs . $871 521.00 $871 521.00

0710112003025240 PM

18DALLAS COUNTYHEALTH AND HUMAN SERVICESGRANTS MANAGEMENT

BETTYJ.CULBREATHDIRECTOR


FROM: BEITY J. CULBREATH, DIRECTORHEALTH AND HUMAN SERVICES

DATE: JULy 8, 2003

SUBJECT: REALLOCATION OF FY 2003-2004 RYAN WffiTE C.A.R.E. ACT TITLE IMINORITY AIDS INITIATIVE CONTRACT FUNDS

Background of IssueThe Dallas County Judge is the grantee and legal recipient ofRyan White C.A.R.E. Act (Ryan White) TitleI funds for the Dallas Eligible Metropolitan Area (EMA). Dallas County Health and Human Services(DCHHS) is designated to serve as the Administrative Agency for Ryan White Title I funds for the DallasEligible Metropolitan Area (EMA). DCHHS tracks the expenditure of funds by service providersthroughout the contract period and makes recommendations, when appropriate, to reallocate funds. Inaccordance with the provisions ofTitle I of the Ryan White C.A.R.E, Act, the grantee appoints membersto serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with theresponsibility of'establishing priorities for the allocation of Title I funds and determining the categoricalallocation of funds by service category.

The initial FY 2003-2004 Ryan White Title I award, in the amount of$13,205,009, included an allocationof $871,521 for the Minority AIDS Initiative (MAl) Program. Of the $871,521 in MAl funding,$240,786.24 was unallocated.

Ofthe $240,786.24 in unallocated funds, $150,786.24 in MAl funds was reissued in a competitive one-pagerequest for proposals (RFP). On May 14, 2003, Dallas County made one-page RFPs available tosubcontractors who applied for and were awarded funding in the following service categories: OutpatientMedical Care, Drug Reimbursement, Client Advocacy and Case Management. Proposals were due May21, 2003. The proposals were reviewed and scored by an External Review Committee (ERC), which iscomprised of individuals demographically reflective of the Dallas EMA's HIV/AIDS cases. DCHHS hasreviewed the initial recommendations by the ERC and is making final recommendations for the award ofcontracts to Commissioners Court.


2377 N. Stemmons Freeway Dallas, Texas 75207-2710 Office (214) 819-1849

19Operational ImpactAdministrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of thesubcontractors in accordance with the responsibilities assigned to them by the Dallas County CommissionersCourt.

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

~~~~-,c.ec~~::;..w.;'k!::tit:.--..:I~---Department of Health and Human Services

RecommendationIt is recommended that the Dallas County Commissioners Court does hereby approve' the award ofreallocated FY 2003-2004 funds totaling $150,786.24 to the service providers and categories as presentedin Attachment A., and authorize the County Judge to sign the contracts with the specific service providerson behalfofDallas County.

RECOMMENDED BY:



2377 N. Stemmons Freeway Dallas, Texas 75207-2710 Office (214) 819-1849

20Attachment A

TITLE I MAl

AGENCY

AIDS ARMS

seR~CeCATEGORY iCASE MANAGEMENT

DRUG REIMBURSEMENTMEDICAL CARE

MEDICAL CASE MANAGMENTi TOTAL

I" Y <!oU~·:4UU4

MAl Award$60,000,00$11,933,00

$344,538,00$50,000,00

$466,471,00

/* Y :l003·ZW4 I" page RFP 51031

$37,69600$37,69700

i $37,69724

$113,090.24 i

FY Z003·2OO4Total MAl Award

$97696,00$49,630,00

$382,23524$50,000,00$579,561.24

HILLVALECASE

MEDICAL CASE MANAGEMENTMENTAL HEALTH

TOTAL

$25,661.00$50,000.00$44,263.76$119,924.76 $0.00

I

!

$25,661,00$50,00000$44,263,76$119,924.76

III

lAIC' ..... ("\.. '" HOUSE

CLIENT ADVOCACY +----,$~1;;;2_;;.0,S;0~00;i;_".00;;;;_--rl$r.:3;.;;7:'_;;,6;;;96_;;.,_;;.00;;__+t--__;;$~15~7;";,6;.;;96~,0_;;.0--_~TOTAL $120,000.00 I ~'l" ~Q~ nr I $157,696.00

CASE MANAGEMENT $14,339.00 t $14,339.00

UNOBLIGATED FUNDS

TOTAL FUNDS ALLOCATED TO DIRECT I

$150,786.24

$871,521.00

($150,786.24) I

I

$0.00

$871,521.00

06/26/2003085138 AM

21

DAL.LAS COUNTYHEALTH AND HUMAN SERVICESGRANTS MANAGEMENT

BETTY J. CULBREATHDIRECTOR


FROM: BETTY J. CULBREATH, DIRECTORHEALTH AND HUMAN SERVICES

DATE: JULy 8, 2003

SUBJECT: REALLOCATION OF FY 2002-2003 STATE OF TEXAS HIV HEALTH ANDSOCIAL SERVICES FUNDS

Background of IssueThe Da.llas County Judge is the grantee and legal recipient ofState ofTexas HIV Health and Social Services(State Services) funds. Dallas County Health and Human Services (DCHHS) is designated to serve as theAdministrative Agency for State Services funds for the Dallas Health Services Delivery Area (HSDA)(inclusive ofDallas, Collin, Denton, Hunt, Ellis, Rockwall, and Kauftnan counties), and the two expansionareas which include Navarro County and the Shennan HSDA (inclusive ofGrayson, Fannin, and Cookecounties). DCHHS tracks the expenditure offunds by service providers throughout the contract period andmakes recommendations, when appropriate, to reallocate funds. In accordance with the provisions of theState Services contract, the grantee appoints members to serve on the Dallas HSDA Ryan WhiteConsortium ofNorth Texas (RWCNT). The RWCNT is charged with the responsibility of establishingpriorities for the allocation of State Services funds and detennining the categorical allocation offunds byservice category.

The initial FY 2002-2003 State Services award, in the amount of $1, 128,940, was allocated as follows:$1,032,973 to be awarded to service providers and $95,967 to DCHHS for administration (including staffsalaries, benefits, equipment, and supplies).

Of the $1,032,973 awarded to service providers, $40,000 was reissued in a competitive one-page requestfor proposals (RFP). On May 14, 2003, Dallas County made one-page RFPs available to subcontractorswho applied for and were awarded funding in the Housing Facility Operations service. Proposals were dueMay 21, 2003. The proposals were reviewed and scored by an External Review Committee (ERC), whichis comprised of individuals demographically reflective of the Dallas HSDA's HIV/AIDS cases. DCHHShas reviewed the initial recommendations by the ERC and is making final recommendations for the awardofcontracts to Commissioners Court.


22Operational ImpactAdministrative Agency staffwill coordinate and monitor the programmatic and fiscal account€l,bility of thesubcontractors in accordance with the responsibilities assigned to them by the Dallas County CommissionersCourt.

Legal ImpactThe Dallas County Commissioners Court must approve the award recommendations and authorize theCounty Judge to sign the contracts on behalf ofDallas County.

RecommendationIt is recommended that the Dallas County Commissioners Court does hereby approve the award ofreallocated funds from FY 2002-2003 contract awards in the amount of $40,000 to the service providersas presented in Attachment A, and authorize the County Judge to sign the contracts with the specific serviceproviders on behalfofDallas County.

RECOMMENDED BY:

attachmentc: J. Allen Clemson, Court Administrator


23FY 2002·2003 TDH STATE SERVICES AWARD

Attachment A

AGENCY SERVICECATE.GORY FV 20Ga-2004 FY2003-2004 FY 2003.2004$(ate··.$~r.viCft$.AWaflS Re't'j~dAward •. Total TrtlftllAward

Case ManaQement $72.434.00 $72.43400AIDS Arms, Inc. DruQ Reimbursement $54,652.00 $54652.00

Medical Case Manaaement $4207.00 $420700TOTAL $131,293.00 $0.00 $131.293.00

Dav/Respite Care for Adults $33217.00 $33217.00Client Advocacv $10000.00 $1000000

AIDS Interfaith Network Conareaate Meals $4500.00 $4500.00Access for TarQeted Populations $606200 $6062.00

Transportation (peaplelrx) $66102.00 $66102.00Buddv/Companion Services $6600.00 $6600.00

TOTAL $126,48'1.00 $0.00 $126,481.00

Client Advocacv $10000.00 $10000.00Resource Center of Dallas Food Pantry $50095,00 $50095,00

Conareaate Meals $5000,00 $5000.00TOTAL $65,095.00 $65,095.00

AIDS Resource Center TOTAL $43,306.00 $0.00 $43,306.00of Texoma

Case Manaoement $5000,00 $5000,00Conareaate Meals $23850,00 $23 850,00

AIDS Services of Dallas Housina Facilities Ooerations $131 355.00 $30 000.00 $161 355.00Transportation (people) $5490.00 $5490.00

TOTAL $165,695.00 $30,000.00 $195,695.00

AIDS Services of North Drua Reimbursement $104764.00 $104764.00Texas, Inc. Medical Case Manaaement $20305.00 $20 305,00

TOTAL $125,069.00 $0.00 $125,069.00

Case Manaaement $12150.00 $12150.00AIDS Resources of Food Panttv $8613.00 $8 613.00

Rural Texas Transportation $8260,00 $8 260.00(Navarro County) TOTAL $29,023.00 $0.00 $29,023.00

Dallas Legal Hospice Leaal Services $39959.00 $39959,00TOTAL $39,959.00 $0.00 $39,959.00

Johnnie's Manor CO.IS $5000.00 $5,00000Housina F rations $0,00 $0,00

$5,000.00 $0.00 $5,000.00

~? Case Manaaement $11886.00 $11886.00Housina FacilitY Operations $33736.00 $10000.00 $43 736.00

Legacy Counseling Mental Health $24342.00 $24342.00Volunteer Support $12304.00 $12,30400

TOTAL $82,268.00 $10,000.00 $92,268.00

Open Arms Dav/Respite Care for Children/Ado!. $13497700 $134977.00TOTAL $134,977.00 $0.00 $134,977.00

Parkland Medical Case Manaaement $20,376.00 $20,376.00TOTAL $20,376.00 $0.00 $20,376.00

Client Advocacy $3,342.00 $3,34200Welcome House Conareaate Meals $5000.00 $5,000.00

Access for Taraeted Populations $5226.00 $5226.00TOTAL $13,568.00 $0.00 $13,568.00

White Rock and Friends Food Pantry $1086300 $10,863.00TOTAL $10,863.00 $0.00 $10,863.00

TOTAL FUNDS AWARDED TO SERVICE PROVIDERS $992,973.00 $40,000.00 $1,032,973.00

I Cancelled Contract Funds $40,000.00 ($40,000.00\ $0.00I Unobliaated Funds $0.00

TOTAL FUNDS ALLOCATED TO DIRECT SERVICES $1,032,973.00 $1,032,973.00

Proaram Evaluation $0.00 $0.00Qualitv Manaaement $0.00 $0.00Needs AsseSsment $0.00 $0.00

Proaram Support $000 $0.00RWPCsupport $0.00 $0.00

Proaram Administration $95,96700 $95967.00

TOTAL FY 2002·2003 STATE SERVICES AWARD $1,128,940.00 $1,128,940.00.··'··i I ........

•••••••••••< ....•......•.•••••••••••.•••••• .........

.... . .....

0612612003 9 06 AM

03 JUL -1 Pi) 3: 46

DALLAS COUNTY ELECTIONS DEPARTMENTBRUCE R. SHERBET, ADMINISTRATOR

June 23, 2003

TO: Commissioners Court fJiFROM: Bruce R. Sherbet, Elections Administratom

SUBJECT: Voting System Upgrade Mandated under the Help America Vote Act

ISSUE

On March 11, 2003, Commissioners Court approved Court Order 2003-420, which approved theestablishment of a three-member committee to review options and submit recommendationsrelating to HAVA. The committee members, Commissioner Jim Jackson, Commissioner KenMayfield and Bruce Sherbet have reviewed the options relating to the following HAVAmandates:

Voting Systems Standards

Permit voter to verify votes selected by voter before ballot is cast. Requires that all touchscreen voting devices used in elections must provide a summary screen for voters to review theirselections prior to casting a ballot. The first generation touch screen units used by Dallas Countyin early voting do not have the capability of providing summary screens to voters. Effective dateis January 2004.

Must be accessible to voters with disabilities. Requires the use of at least one direct record(touch screen) voting device in each polling place for individuals with disabilities including theblind and visually impaired. To meet minimum requirements, Dallas County will need topurchase a minimum of 500 (1000 are needed for primary elections) of the specially equippedtouchscreen voting devices for use in polling places in conjunction with the current optical scanballot system. Effective date is January 2006.

In order to comply with these requirements, Dallas County must upgrade the hardware of thetouch screen units to a newer generation device. The other components of the currently usedvoting system including hardware and software are already compliant with HAVA requirements.The most practical and cost effective approach to meet compliance is to upgrade the touch screenvoting devices from the Votronic units to the newer generation 1-Votronic units. The committeehas conducted several meetings with the Dallas County election vendor to assess the feasibilityof upgrading to 1-Votronic units. In addition to the equipment demonstrations reviewed by thecommittee, demonstrations of the 1-Votronics have been conducted for commissioners courtmembers, citizen elections advisory committee, political party chairs and their executive

25

directors and early voting judges. The demonstrations have yielded positive responses from therevIewers.

SCHEDULE

It is recommended that the upgrade be completed by August I, 2003 in order for the newequipment to be used in the September 13, 2003 state constitutional amendment election.Subsequent to the state constitutional amendment election, the next major scheduled election isthe March 2004 primary elections. To comply with HAVA, the early voting units must beupgraded by January 2004 and the requirement for one touch screen per polling place must be inplace by January 2006.

FINANCIAL

Congress has appropriated $1.5 billion dollars to assist states and counties in meeting therequirements of HAVA. Funding will be allocated to the states and counties based on voting agepopulation. The state of Texas anticipates an allocation of approximately $57 million of thisfunding. The Secretary of State's Office estimates that Dallas County is eligible to receive$ 4,452,828.40. It is anticipated that the funding will be available in early 2004.

Election Systems and Software has submitted the attached proposal to Dallas County forupgrading from Votronics to 1-Votronics. The proposal provides trade-in credit and includesmaintenance and support for the units through 2008. If approved, an agreement will be executedand payment terms will be listed as follows:

Within 30 days from execution of agreement $23,242

Balance of contract shall be paid on the earlier of $4,162,162(a) 20 days after the receipt of HAVA fundingfrom the state, or (b) one year from the dateof delivery.

The state has confirmed that Dallas County should be eligible to receive full funding for theabove stated upgrade.

LEGAL

To be eligible to receive HAVA funding, states are required to submit a plan that outlines howthe state will comply with the Act. Accordingly, a task force has been created to develop a stateplan to meet HAVA requirements. The task force is scheduled to finalize the plan June 27 forsubmission in early July 2003. Also, the legislature has passed legislation to meet therequirements of HAVA. The state will notify counties when the process is in place for submittingfor HAVA funding.

RECOMMENDATION

It is recommended that the Dallas County Commissioners Court approve the attached proposal toupgrade from the Votronic to 1-Votronic voting devices to comply with the requirements of theHelp America Vote Act.

2' '""'o

Dallas County, TX - Early VotingTEAM Purchase Proposal

Submitted by Election Systems & SoftwareUpdated June 16, 2003

Purchose with extended Maintenance SeNices

TEAM Solution Includes:

$4,185,404

Qugntity Item Description

Tabulation Equipment

lVotronlc Tabulation System400 Voter Terminal (includes booth & PEB)700 ADA Voter Terminal (includes booth & PEB)150 Supvr Terminal (includes PEB)55 Comm Pack (modem & thermal printer)

1,250 Flash Cards550 PEB's (additional)

4 PEBReader1,100 Soft-sided Carrying Bags

2 Flash Card Burners

Election SeNices22 Installation & Setupx Hardware & Firmware Maintenance & Support through 2008

Footnotes:

Dallas County, TX will be the owner of the equipment

All taxes and insurance are not Included and the responsibility of Dallas County

ES&S reseNes the right to finance this transaction through a third party

Payment Terms:

Within 30 days from execution of agreement

Balance of contract shall be paid on the earlier of (a) 20 days atter the County's receipt of

HAVA funding from the State, or (b) one year from the date of delivery.

Prepared for Dallas County. TX

$23,242

$4,162,162

6/26/03 137 PM

27

03JUL-7 P~13:46

DALLAS COUNTY ELECTIONS DEPARTMENTBRUCE R. SHERBET, ELECTIONS ADMINISTRATOR

MEMORANDUM

July 15, 2003

To:

From:

Commissioners Court If)Bruce R. Sherbet, Elections Administrato~ ,

Subject: Selection of Election Judges/Alternate Election Judges, Ballot BoardJudge/Alternate Judge, and Early Voting Election Judges for the 2002-2003 term

ISSUE 1

The selection of election judges and alternate election judges for Dallas County's 670voting precincts is accomplished by the Com"missioners Court each year as required bySection 32.002(a) of the Texas Election Code. Effective September 1, 1997, legislationmandates the election judge/alternate election judge be appointed using a formula basedon the most recent gubernatorial election.

Attachment 1 lists the recommendations from the Democratic and Republican Parties for theappointment of election judges and alternate election judges for the 2003-2004 term whichruns from July 22,2003, through July 31,2004. This appointment will be for a twelve (12)month term. Dallas County, at its option, may choose to extend this appointment for one (1)additional twelve (12) month term based on mutual consent of Commissioners Court. Thereare some vacancies in the position of the election judge and alternate judge in precinctswhere the political parties had difficulty in finding persons willing to serve. Both parties havereiterated their willingness to assist Dallas County in finding persons for the vacant positions.

ISSUE2

The selection of the early voting ballot board judge and alternate judge is also accomplishedby the Commissioners Court as directed under Court Order #89-263 and in accordance toSection 87.002 of the Texas Election Code. The term of appointment of the early votingballot board judge and alternate judge will run concurrent to the election judge term.

2377 N. Stemmons Frwy, Ste. 820 Dallas, Texas 75207 (214)819-6300

28

Attachment 2 lists recommendations from the Democratic and Republican Parties forappointment to the position of early voting ballot board jUdge. In political party primaryelections, each recommended appointee would serve as judge for their respective party. Incounty elections, one would serve as ea;ly voting ballot board judge and the other would bethe alternate judge. There are no established formulas for the selection of early voting ballotboard judge or alternate ballot board judge.

ISSUE 3

It is recommended that Commissioners Court appoint early voting judges for each earlyvoting location for a term that runs concurrent to the election judges term. If an appointedearly voting judge declines service for an election or if a vacancy occurs during the term,replacements will be submitted for commissioners' approval. Attachment 3 lists therecommended early voting election judges.

ISSUE 4

On May 22, 2003, the Richardson Independent School District notified Dallas County thatLake Highlands Jr. High would no longer be available for use as an early voting location(Attachment 4). The elections department has been unsuccessful in locating another publicbuilding in this area but has located a church with adequate facilities and parking that iswithin close proximity to Lake Highlands Jr. High School. The Dallas First Assembly of GodChurch, 11000 E. Northwest Hwy, Dallas, 75238, has agreed to being used as an earlyvoting location. The facility is located 2.1 miles from the Jr. High School and is accessible topublic transportation.

RECOMMENDATION

Recommend Commissioners Court select election judges and alternate election judges forthe 2003-2004 term, which begins July 22, 2003, and continues through July 31, 2004.

It is also recommended that Commissioners Court select an early voting ballot board jUdgeand alternate ballot board judge for the early voting ballot board for the 2003-2004 termwhich will run concurrent to the election judge term.

Further recommend Commissioners Court select early voting judges for each early votinglocation for the 2003-2004 term which will run concurrent to the election judge term.

Further recommend Commissioners Court approve replacing the Lake Highlands Jr. Highearly voting polling place, 10301 Kingsley, Dallas, 75238, with the Dallas First Assembly ofGod Church, 11000 E. Northwest Hwy, Dallas, 75238.

cc: Nate Crain, Republican Party ChairmanSusan Hayes, Democratic Party Chairman

23i7 N. Stemmons Frwy, Ste. 820 Dallas, Texas 75207 (214)819-6300

29

~'-U,\:'(

1 - < ~~; r '-: U:: T

01 !:)'l -9 r'\' 2- 27""" v. t- r II •

DALLAS COUNTY ELECTIONS DEPARTMENT

July 7,2003

To:

From:

Thru:

Subject:

Commissioners Court

Toni Pippins Poole. CERA, Assistant Elections Administrator

Bruce R, Sherbet, CERA, Elections Administrator

Local Option Election

BACKGROUNDOn July 1,2003, the Dallas County Elections Department received 8,271 signatures from qualifiedregistered voters from the City of Duncanville, requesting that a local option election be held for the"Legal sale of beer and wine for off-premise consumption only", Petitions and signatures were verifiedaccording to the requirements of the Texas Alcoholic Beverage Code necessary to order a local optionelection (See Exhibit A, Certificate of Elections Administrator Pertaining Petition For Local OptionElection),

According to Title 6, Chapter 251 of the Texas Alcoholic Beverage Code, the Commissioners Court isrequired to order an election at the next unifonn election date; September 13, 2003, and canvass theresults at the next regular Commissioners Court session,

SCHEDULESince the 78 th Regular Session of the Texas Legislature has moved forward the November ConstitutionalAmendment date, to September 13, the local option election must also be scheduled on this date,

FINANCIAL IMPACTUnder Section 251.40 of the Texas Alcoholic Beverage Code, the City of Duncanville will be required topay the cost of the election, However, the Dallas County Elections Department is scheduled to have aConstitutional Amendment Election on the same date, Both elections can be held jointly, saving DallasCounty 50 % of it's actual cost and requires the City of Duncanville to deposit $ 14.013,92 for their shareof the election cost.

RECOMMENDAnONThe Dallas County Elections Department recommends that Commissioners Court order the Local OptionElection to be held in the City of Duncanville, and authorize the County Judge to sign a Joint Election

Cont,"ct on behall of Dallas county.. ~ ";

Recommended by .~~r.){ L'vBruce R, Sherbet. lections Administr;b

Attachment

2377 '<. SnV!MONS FRWY. SUITE 820 DALLAS, TX 75207 (21 ~) 819-6300

30

CERTIFICATE OF ELECTIONS ADMINISTRATOR PERTAINING

TO PETITION FOR LOCAL OPTION ELECTION

THESTATEOFTEXAS §§

COUNTY OF DALLAS §

I, the undersigned Elections Administrator of Dallas County, Texas, do hereby certify that 1

have checked the original and copy of Petition for Local Option Election to "legalize the sale of beer and

wine for off-premise consumption", serial number 03-DU1- 0001 thru 03-DUI-4294 ,Issued the 5'h of

June, 2003, and requesting that a local option election be held in accordance with Title 6, Chapter 251 of

the Texas Alcoholic Beverage Code in Duncanville , Texas, (said County, Justice Precinct, Incorporated

City of Town hereinafter for convenience referred to as Area), and I hereby certify as follows pertaining

to said petitions:

1. That said petitions were filed with me on the 1'1 day of July, 2003, which is within 30 daysafter the date of issuance of the said petitions.

2. That in checking the names of the signers of said petitions and the voting precincts in whichthey reside to ascertain the mImber of qualified voters signing the said petitions, no signaturewas counted where there was reason to believe that the signature was not the actual signatureof the purported signer or that the voter registration certificate number was not correct, or inthe actual handwriting of the signer or that it is a duplicate of either name or handwriting usedin any other signature on the petitions, and no signature was counted unless the correctresident address of the signer as shown in the actual handwriting of the signer and unless it issigned exactly the same of the voters for the voting year in which the petitions are issued.

3. I further certify that said petitions are signed in accordance with the above requirements by7,988 ,35 % of the qualified voters at he time said petitions were issued in the Area.

4. I further certify that said petitions were in accordance with the above requirements and weresigned by 8.271 qualified voters at the time said petitions were issued in said Area.

WITNESS MY HAND this the 3,,1 day of July, 2003.

(EXHIBIT A)

31DALLAS COUNTY

TREASURER'S OFFICE03,"1' -g

- I '~.' ~ '(

" ~ i E'~ 7'.~. t , J

PH ?: Ln

MEMORANDUM

TO:

FROM:

DATE:

RE:

J. Allen ClemsonCourt AdministratorCommissioners Court

Lisa HembryDallas County Treasurer

July 3, 2003

Assignment of Bankers Trust Company Custodian Agreement to State StreetBank and Trust Company

PURPOSE: This memo is to request that the Commissioners' Court sign an order authorizingthe Assignment of the Bankers Trust Company Custodian Agreement to State Street Bank andTrust Company.

RATIONALE FOR BRIEFING AND COURT ORDER ON SAME DAY: Our officerequests that this memo and the Order be considered on both the fonnal and briefing agenda forJuly J 5, 2003 in order to assign the Bankers Trust Company Custodian Agreement to State StreetBank and Trust Company expeditiously and meet State Street Bank and Trust Company'sAugust 1, 2003 conversion date.

FACTS: Pursuant to Court Order No. 97-966, NationsBank of Texas, N.A. (now known asBank of America) was awarded the Dallas County Bank Depository Contract ("DepositoryContract") on May 20, 1997. Under the Depository Contract, Bank of America agreed toprovide third party safekeeping of Dallas County funds that were electronically transferred forinstitutional investment. However, on August 19, 1997, pursuant to Court Order. No. 97-1641,Dallas County agreed to pennit Bank of America to outsource this business to Bankers TrustCompany beginning October 1, 1997 ("Bankers Trust Custodian Agreement"). Deutsche BankTrust Company subsequently acquired Bankers Trust Company and Dallas County's businessfollowed the acquisition. In early 2003, State Street Bank and Trust Company acquiredDeutsche Bank Trust Company. Therefore, State Street Bank is now requesting Dallas Countyto execute an Assignment Agreement to essentially allow them to step into the of DeutscheBank Trust Company and continue to provide the securities and safekeeping serVlces as requiredunder the Bankers Trust Custodian Agreement.

ANALYSIS: Authorizing the Assignment of the Bankers Trust Company Custodian Agreementto State Street Bank: and Trust Company will permit State Street Bank and Trust Company tostep into the shoes of Deutsche Bank (f/k1a Bankers Trust Company) and provide the securitiesand safekeeping services as required under the Bankers Trust Custodian Agreement. If Dallas

Administration Building 411 Elm Street 5th

Floor Dallas, Texas, 75202 214/653-7358 Fax 214/653-6134

32County can execute the Assigmnent Agreement on or about July 15, 2003, there will be no lapsem serVIce.

CONCLUSION: I recommend that this Court enter a Court Order authorizing the Assignmentof the Bankers Trust Company Custodian Agreement to State Street Bank and Trust Company.

Administration Building 411 Elm Street 51h

Floor Dallas, Texas, 75202 214/653-7358 Fax 214/653-6134

33DALLAS COUNTYJUVENILE DEPARTMENT ... '(

i ~::: /', I

.~ ,·UF{ T

PH 2: /8

DATE:

TO:

FROM:

RE:

Memorandum

July 9,2003

AI Clemson, Court Administrator

Norris Rideaux, ManagerCommunity Programs

Request for briefing and order on same day

On July 3, 2003, the Council of Governments issued a Preliminary Review Report, requestingclarifications and a revised court order/resolution, to proceed with considering a third year of fundingfor the Drug Court Diversion Program.

The request is due by July 16,2003, therefore, this Manager requests the Briefing and Order onthe same date.

\

LVsabellMemo Clemson. wpd

2600 Lone Star Drive, Box 5 Dallas, Texas 75212 (214) 698-2200 (214) 698-5508 Fax

34

Date:

To:

From:

Dallas CountyJUVENILE DEPARTMENT

MEMORANDUM

July 9,2003

Dallas County Commissioners Court

Michael K. Griffiths, Director

Re: Requests from the Council of Govemments for additional informationconceming Drug Court Diversion Program Application

Background of IssueThe Juvenile Department was awarded a continuation grant for FY 2003, in the amount of$134,030 from the Criminal Justice Division (CJD) of the Governor's Office for operationof the Juvenile Drug Court Diversion Program. The continuation grant award was oursecond year of funding for the program.

The North Central Texas Council of Governments (COG), has recommended funding fora third year for the project in the amount of $100,522.

The Commissioner's Court was briefed on November 5, 2002, about Dallas County'sapplication for our third year of continuation funding (Order No. 20022120). Although wehave been recommended for funding, the COG Preliminary Review Report (PRR), isrequesting that the Department provide two clarifications and one attachment so thatformal approval may proceed:

1. Clarify how services provided by the project address the problem of disproportionaterepresentation of racial/ethnic minorities in the Juvenile Justice System.

2. Projects exclusively serving Juveniles or youth, regardless of the finding source,must meet at least one of the following needs to be eligible for funding: familyneeds; early intervention and prevention; safe environment; schools/education;Juvenile Justice policies, procedures, and facilities.

3. Attachment - Revised Resolution containing the title of the authorized official whois given power to apply for, accept, reject, alter, or terminate grants.

35

Requests from the Council of Governments for additional information concerning DrugCourt Diversion Program ApplicationPage 2

A response to COG is required by 7-16-03, therefore, the Department is requesting Briefingand Order on the same date. We have submitted responses to the questions regardingdisproportionate representation of racial/ethnic minorities and eligibility via e-mail (copyattached). The purpose of this briefing is to request a revised Commissioners Courtresolution listing the individual who is given authority to apply, accept, reject, alter orterminate the grant.

Impact on Operations and Maintenance

Drug Court Diversion Program

The Drug Court Diversion Program is a specialized court for misdemeanor drug-relatedoffenses. A dedicated Associate Judge, George Ashford Ill, hears these cases, schedulingfrequent status hearings to review progress. The focus of the program is education,treatment and related services to address the substance abuse and related familyproblems. The program functions similarly to deferred prosecution, with successfulcompletion of the program resulting in the adjudication petition being set aside. The grantfunds five hours a week for an associate judge, a full time court administrator, and aprobation officer/case manager. Youth participating in the drug court access existingsubstance abuse services through the department's Substance Abuse Unit and availablecommunity services.

Fiscal Impact

The FY' 2004 Drug Court Diversion request was for $1 00,522. This is considered by CJDas "decreasing funding ratio" grants, where the initial grant award sets the benchmark forfunding. CJD funding is decreased by 20% for each subsequent year. The grantee isresponsible for contributing the remaining funds necessary to continue program operationsat the initialleve!. The Juvenile Department will account for the increased county portionof each grant during our annual budget preparation. Each program will be evaluated forits effectiveness and we will either submit a PIR to the Court requesting funding for theincreased County portion or identify funds from within our existing budget. The grantaward is not made until after the budget process is completed or near completion. TheCourt will have the option of allocating additional funds to the Juvenile Department,approve a re-allocation of existing funds, or decline to accept the grant award due to thedecreasing funding ratio requirements.

Legal Impact

The signatures of the Dallas County Judge and Dallas County Auditor are required on theapplication documents. This is the second year that CJD has required completeapplication for continuation programs. The North Central Texas Council of Governments(NCTCOG) coordinates the local grant process for CJD, and has also instituted newrequirements as mentioned above. .

36

Requests from the Council of Governments for additional information concerning DrugCourt Diversion Program ApplicationPage 3

Performance Measures

The Drug Court initially convened on February 6, 2002, only seven (7) months of dataremained in FY'02:

Drug CourtSuccessful CompletionReduction in Drug UseIncrease Knowledge About Drug Abuse

CURRENT83%96%84%

TARGET65%70%80 % on post test

FY 2003 performance measures are being reported from the six month progress report:

Drug CourtSuccessful CompletionReduction in Drug useIncrease Knowledge About Drug Abuse

Recommendation

CURRENT86%98%89%

TARGET65%70%80% on post test

It is recommended that the Dallas County Commissioners Court approves the revisedCourt Order, designating Michael K. Griffiths, Director, the authority to apply forcontinuation funding, from CJD, for the Drug Court Diversion Program.

Recommended by:Michael K. Griffiths, I

H:ICCTI2003 Drug Court Diversion brief 07 0703

37

Phone: (214) 663-3450

"Proudly serving since 1846"DALLAS COUNTY SHERIFF'S DEPARTMENT

Jim Bowles, SheriffFrank Crowley Courts Building

133 North Industrial Boulevard, LB-31Dallas, Texas 76207-4313

E-mail: [email protected]

'i '(l l~:U;~ T

03JUL-9 Pii 1:44

Fax (214) 653-3420

Date

TO

FROM

SUBJECT

THROUGH

: July 8, 2003

: Dallas County Commissioners Court

: Gary Lindsey, Chief Deputy, Office of General Services

: Grant Application for Project Safe Neighborhood

: Channels

Background Information

The Dallas County Sheriffs Department, Warrant Execution Section is charged with theresponsibility of serving most warrants of arrest for the wanted persons located within all of DallasCounty. The majority of these warrants are issued by the Dallas County Court System butwarrants are received from agencies throughout the United States.

There are thirty (30) different city police departments with jurisdiction in Dallas County, notincluding the unincorporated areas which are served by the Dallas County Sheriffs Departmentand other law enforcement entities having jurisdicition such as transit police, school district police,hospital police, city marshalls, railroad police and constables. All of these agencies file theircriminal offenses with the Dallas County District Attorneys Office for offenses that occur withinDallas Coutny and the warrants of arrest are forwarded to the Dallas County Sheriffs DepartmentWarrant Execution Section for apprehension of the wanted person. The sheriffs department isthe only agency with county wide jurisdiction and it is the most appropriate agency to handle thistask.

The Warrant Execution Section is staffed by one Lieutenant, four Senior Sergeants, fifty-sevenD-1 investigators and 7 derks. During fiscal year 2002 and fiscal year 2001, the WarrantExecution Section received 110,404 warrants. That equates to an average 1,062 warrants beingreceived each week. Many of these warrants are for violent felony offenses. The WarrantExecution Section can only serve approximately half of the warrants it receives with the numberof investigators assigned to the section which creates a backlog of unserved warrants. TheWarrant Execution Section has not had an increase of investigators in well over a decade, eventhough the population of Dallas County has increased dramatically. The longer a wanted personremains unapprehended, the greater the potential for the wanted person to commit furtheroffenses. While searching for wanted persons, investigators come into contact with firearms onmany occasions. Most of them are discovered during routine searches of the wanted person'sresidence or during a safety frisk of the wanted person as they are taken into custody. The onlylong-term solution to the problem is to increase the number of investigators assigned to theWarrant Execution Section. A short-term remedy to the problem would be to fund the section toserve warrants on an overtime basis. The program listed below addresses the short-term remedyto the problem with minimal expense to Dallas County.

38

Commissioners courtJUly 8, 2003Page 2

Program Ovel'View

Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in America bynetworking existing local programs that target gun crime and providing those programs withadditional tools necessary to be successful. The Bush Administration will seek to commit $533million to this effort over two years, including $233.6 million already available for this year. Thisfunding will be used to hire new federal and state prosecutors, support investigators, providetraining, and develop and promote community outreach efforts.

The effectiveness of Project Safe Neighborhoods is based on the ability of federal, state, andlocal agencies to cooperate in a unified. offensive that is led by the newly appointed United StatesAttomey in every one of the 94 federal judicial districts across America. Through .unprecedentedpartnership with federal, state, and local law enforcement, each United States Attomey willimplement the five core elements of PrOject Safe Neighborhoods in a manner that is contoured tofit the specific gun crime problems in that district. The goal is to create safer neighborhOods byreducing gun violence and sustaining the reduction.

Individual cities and states have begun to respond effectively to this epidemic of gun violence.Model firearms programs such as "PrOject Exile" in Richmond, VA. and "Operation Ceasefire" inBoston, MAare examples of the success that can be achieved in large cities throughout thecountry. While much ofthe success has been achieved by programs such as Exile and Ceasefirein select cities, the problem orgun violence remains unacceptably high for much of the nation. Anational strategy is needed to ensure that every community is attacking gun violence With focusand intensity.

The Project Safe Neighborhoods initiative fulfills the criteria in Dallas County as part of the justicedepartment's national program to reduce gun violence in America.

Impact on Operations:

There are several reasons for applying for the Project Safe Neighborhood Grant. First, the grantfunds would increase the number of offenders being arrested. Second, it would decrease theaverage number of arrest warrants on-hand waiting to be served. Third, the increased contactswith wanted persons will increase the number of illegal firearms being seized. The Dallas CountySheriffs Department's objective in applying for this grant, is to reduce gun violence .in DallasCounty. By augmenting the existing services provided by the DaUas Sheriffs DepartmellFWarrantInvestigators, this program will improve service to the community by addressing the problem of aninordinate workload and it would provide the ability for scheduling flexibility to apprehend moreoffenders in Dallas County. This program does not require any additional staff, space,equipment,reordering .Of priorities or any changes. in existing policy. The Warrant Execution Section willconduct quarterly warrant roundups in the target area beginning in the fourth quarter of FY2003.Each warrant roundup will be staffed by one Senior Sergeant and twelve 01 Investigators (sixsquadS). These operations wil be conducted in fIVe hour shifts. The Research Clerks will utilizetheir overtime to process the warrants after each roundup. This overtime assignment will alsoinClude one Deputy that is aSSigned to the United States Marshal's Services to serve Criminalwarrants in Dallas County. The program will conclude when all grant funding has been expendedunless additional funds become available. There are no cost savings· associated with thisprogram but the cost per warrant ratio will be reduced since the program will result in morewarrants being served without additional Dallas County funds.

39

Commissioners CourtJuly 8, 2003Page 3

Legal Information:

There are no legal aspects related to the submission or acceptance of the grant funding. TheWarrant Execution Section will strive to remain well within all legal margins of local, state andfederal laws. At all times, the laws and rights goveming all peace officers are adhered to ensuringall citizens are equally protected according to the laws of the land. All documents pertaining to thefiling of the grant application and any inter-local agreements or contracts must be signed by theproject director and by the County Judge on behalf of Dallas County.

Financial ImpaetJConsiderations

The grant does not require any cash or in-kind match. There is no Dallas County financial impactin making this application. This program augments the existing activities of the Dallas CountySheriff's Department Warrant Execution Section's responsibility in the execution of arrestwarrants by providing additional personnel funding beyond what is budgeted by Dallas County.Any future funding will depend on the success of the project. This program does not require anyfunding by Dallas County. Since the grant only provides additional funds for existing personneland does not require the addition of new personnel positions, Dallas County has no personnelobligations at the completion of the grant period. There are no direct costs associated with theprogram. Since the program utilizes sheriff's department personnel and equipment, there will beminimal indirect costs to Dallas County related to the additional use of Dallas County equipment.Productivity increases are quantified by the benefit of additional Dallas County warrants beingserved without an increase of funding to the sheriff's department by Dallas County. The increasein productivity by the grant will be documented by recording the number of warrants disposedduring grant hours.

Table IProjected Personnel Expenses per Grant Year

TImePel'iOd

June 2003 thru May 2004June 2004 thru May 2005

Total Grant Budget

Expense Item

Salaries + FringesSalaries + Fringes + 5%

Personnel and FringeBenefit Exoenses

$ 46,845$49,188

$96,033.00

PersonnelTable II identifies the budget breakdown for overtime funds and fringe benefits.

Table IIFY-2003 thru FY-2006 Projected Personnel Funds Breakdown

TITLE OF POSITION Number of June 2003 thru June 2004 thruPersonnel May 2004 May 2005

Senior Sergeants @ $ 38.97 (4) x 22 Hr $3,429 $3,600Clerical Personnel @ $ 23.27 (7) x 16 Hr $2,606 $2,736

0-1 Investigators @ $ 33.89 (46) x 22 Hr $34,297 $36,012Salary Totals $40,332 $42,348Fringe Benefits - FICA $3,085 $3,240Fringe Benefits - Retirement $3,488 $3,600Total Personnel BUdget $46,845 $49,188Annually

40

Commissioners CourtJuly 8, 2003Page 4

Funding Source:

The grant is funded by the Bureau of Ju~iice Assistance and is coordinated through the UnitedStates Attorney Office, Northem District of Texas. This grant will pay all of the costs relating to theprogram for a period of three years and there is no cost to Dallas County.

Program Results

This is a new program and there is no historical data available. Performance measures will bebased on the number of warrants disposed during the program hours.

Recommendation

It is recommended that the court approve the submittal of a Bureau of Justice Assistance Grant,for Project Safe Neighborhoods to reduce gun crimes within Dallas County by arresting wantedoffenders and that the County Judge be authorized to sign all related documents. The totalamount requested from the Criminal Justice Division is not to exceed $99,500.00.

JIM BOWLESSHERIFF,

Recommended by:

Gary Li seyChief DeputyOffice of General Services

JB:GUct

4 1

I Grant BudgetName of Agency Dallas County Sheriff's DepartmentTitle ofProject Project Safe NeighborhoodsGrant Period From I June 2003 I To I June 2005

Budget Detail~._.

Personnel % ofbase Grant Matching TotalSalary Funds Funds

Warrant Supervisor - commands Warrant 100% $3,429 $ 0.00 $3,429Squads and is the first line supervisor forWarrant squads. (22 hours X 4 Sgt. @$38.97 = $3,429 annually)

Warrant Investigators - Serve arrest 100% $34,297 $ 0.00 $34,297warrants by taking wanted offenders intocustOdy. (23 two-man squads X 22 hours@$67.78 = $34,297 annually)

Warrant Clerk - Processes new incoming 100% $2,606 $ 0.00 $2,606and served arrest warrants for the WarrantInvestigators. (16 hours X 7 Clerks @$23.27 = $2,606 annually)Fringe Benefits - Benefits associated with lOOOJO $6,513 $ 0.00 $6,513personnel salaries. (Salaries total X FICA@ 7.65% and Retirement @ 8.5% =$6,513 annually)

BUDGET SUMMARY .BUDGET CATEGORIES ( X 2 years) MATCH TOTAL

Salaries (Xl years) $96,033 $0 $96,033TOTAL DIRECT COSTS (X 2 years) $96,033 $0 $9<?,033

Indirect Costs ( X 2 years) $0 $0 $0TOTAL (X 2 years) $96,033 $0 $96,033-

42

DALLAS COUNTY SHERIFF'S DEPARTMENT133 N.Industrial Blvd., LB-31Dallas, Texas 75207

ProjettSafe Neighborhoods - DFW2003Strate2ic Plan

Strategy: To reduce gun crime in the target area by arresting persons wanted on criminal warrants.

Objettive: The arrest and apprehension of persons wanted on criminal warrants in the Project SafeNeighborhood target area.

Program: Program Owner:

The»allas County Sheriffs Department Warrant Dallas County Sherifrs DepartmentExecution Section will utilize Grant funds toconductquarterJy warrant roundups within thetargetarea. Theinvestigators and research clerkswiUidentify,locateand arrest offenders in thetarget area. This will also include one additionalofficerithatis assigned to The United StatesMarshals Serviceto serve criminal warrants inDaliasCounty. The program will begin during thefourth quarter ofthe 2003 Dallas County's fiscalyear.

Action Items

1. Warrant roundup in target area FY-2003 4th

quarter

2. Warrant roundup in target area FY-2004 1st

quarter

3. Warrant roundup in target area FY-2004 2nd

quarter

4. Warrant roundup in target area FY-2004 3rd

qua.rter

Due Date

Sept. 30, 2003

Dec. 31,2004

Mar 30, 2004

Jun. 30,2004

PersonResponsible

Lt. C. TurnerWarrantExecutionSection

43

Project Safe Neighborhood Mission Statement

To reduce the number of Gun Crimes in the Northern District of Texas.

Goals I

1. Reduc~ Juvenile Gun Crime by 10% in the targeted areas during the next two years.2. Reduce the overall incidence of Gun Crime by 20% in the targeted areas over the next two years

! t tCommunications Crime Fighting Fundraising

- Design communication Linking the community Position PSN as a financiallyS through various media to together to develop and autonomous entity.T educate, inform and involve support programs to reduce

R our target audiences. gun related crimes within our

Atarget areas.

• Youth at riskT • ParticipantsNictims inE violent crime

G • Community leaders,Crime Watch and

I residents at largeE • Law enforcement

S • Potential sponsors- • Media

t t tStatistical Analysis - Data Tracking - Program Monitoring & Quantified Results I

t t t- Communications Crime Fighting Fundraising08 1. Build PSN identity and 1. In year one, reach 100% 1. By October 2004,

Jincrease its Visibility in of the Middle & High raise $100K for annualthe Northem District of Schools in each target media/outreachE Texas communities. area through classroom

budget.C 2. Send a clear and presentation, site based

aggressive message to mgt. and PTAs. 2. By January 2005,T criminals in possession 2. Reach neighborhood raise $500K for annual

I of guns watch, faith based, civic operating bUdget

V (Develop quantifiable and business orgs.

E measures for both objectives) through law enforcement& Action Teams working

S with City Pros. monthly.-- t t t- Communications Crime Fighting FundraisingpR • 100K people reached via • PSN Task Force • Establish PSN as a

0 TV (Impressions) • Weed & Seed sites nonprofit entity• Reach • Dallas Police • Develop fundraising plan

G • Idehtity • Dallas SheriffR • Profile • Dallas Attorney

A • VEC • DISO

M • Focus Groups • Project Craft• Anderson Project

S (Specific Programs for all • Injury Prevention Center- above) • Community Prosecutors! ""----,..

44

DALLAS COUNTY "1'-: . . :::;W: iYENGINEERING AND PROJECT MANAGEMI!NT(S CCURT

03 JUL -9 MHO: 13

July 15, 2003

,41(-Abbas A. Kaka P.E., Assistant Director

(~V

V. Ad" Ope'Dan Savage, Assistant mlDlstrator, rations.

Commissioners Court

From:

To:

Through:

Subject: Rationale for Briefmg and Court Order on Same Day2002 Major Elevator Upgrade - Change Order # 1

With the deletion of the work in the proposed change order, the project is complete. Same day briefand court orderwould expedite the project close out process and final payment to the contractor.

George L. Allen Sr. Courts Building60() Commerce St., 9th Floor, Suite 900 Dallas, Texas 75202-6633

E-mail: akaka@dallascountv,org

Tel: 214-653-6242Fax: 214-653-6729

45

July 15,2003

DALLAS COUNTYENGINEERING AND PROJECT MANAGEMENT

To:

From:

Commissioners Court

Abbas A. Kaka P.E., Assistant Director

Through:

Subject:

Dan Savage, Assistant Administrator, Operations.

2002 Major Elevator Upgrade - Change Order #1

BACKGROUND: The major elevator upgrade project for Year 2002 was awarded to Advantage Elevator based onthe low bid of $348,624.00 by Court Order # 2002- I756, September 24, 2002. Along with the base bid (Garage C,1&2), Alternate #1 (Lew Sterrett Al & A2), Alternate #2 (George Allen #12) and Alternate #3 (2355 Stemmons, 14) were awarded.

Alternate #3 was for door operator upgrade and lobby position indicators for 4 units at 2355 Stemmons Freeway.Dallas County is currently in negotiations for lease renewal with TDPRS for this building with the Building andProcurement Commission proposing a one-year lease. As the 2355 Stemmons facility will not be leased for the 10year period, as expected, it is proposed that Dallas County not upgrade these four-elevator units as planned for thissite.

IMPACT/OPERATIONS: Proposed Change Order No. 1 to the contract with Advantage Elevator Company for2002 Major Elevator Upgrade will delete Alternate #3 work on elevators as stipulated in Bid No. 2002-155-1199.

LEGAL: This change order will be done in accordance with all legal requirements.

MlWBE INFORMATION: N/A

FINANCIAL IMPACT: Funds were appropriated for this work in 120.1021.08132.2002 (General Fund, OperationServices - Engineering, Major Elevator Improvements, Year 2002).

Bid amount for Alternate #3 $143,224.00LessPerformancelPayment Bonds $ (5,000.00)Scheduled value of work $138,224.00 (includes labor, material, overhead)

Original Contract AmountProposed Change Order No. 1Revised Contract Amount

$348,624.00($138,224.00)$210,400.00

RECOMMENDATION: Engineering and Project Management recommends that the Commissioners Court acceptthe deletion of work for the elevators at 2355 Stemmons Frwy Facility and accept the credit of $138,224.00 amountfor a revised contract amount of $ 210,400.00 as Change Order No. I to the contract with Advantage ElevatorCompany. With the Commissioners Court approval, formal documents will be prepared and submitted for the nextagenda.

APP,OVOd,J '''- ;~-=--Dan Savage, Assistant Ad~t;;rt';;r for Operations

George L. Allen Sf. Courts Building600 Commerce St., 9th Floor, Suite 900 Dallas, Texas 75202-6633

E-mail: [email protected]

Tel: 214-653-6242Fax: 214-653-6729

46

July 15, 2003

DALLAS COUNTY U"'{ r_.- , '\·)1; ,. ; '-~ L L,: 1...... 1\

ENGINEERING AND PROJECT MiANAGEMENT

03 JUL - 9 ~H 10: \ 3

To:

From:

Commissioners Court

Abbas A. Kaka P.E., Assistant Director

Through:

Subject:

Dan Savage, Assistant Administrator, Operations.

lndefinite Quantity Architectural/Engineering Services - YR 2003SOQ No. 2003-095-1336

BACKGROUND: Dallas County Commissioners Court was briefed on the results of the scoring by theselection committee and the successful firm recommended, Basye & Associates, on June 23, 2003. CourtOrder 2003-1151 dated July 1, 2003, authorized Engineering and Project Management to request thatBasye & Associates to financial data for negotiations and evaluation. The rates provided are acceptableand are comparable to others in the industry (see attachment). These rates will be incorporated into theArchitectural/Engineering Consultant Services Contract Indefinite Quantity Services (see attachment,Rev. 7-15-03).

IMPACT/OPERATIONS: The Indefinite Quantity service will provide an efficient professionalapproach to solving the County's Architectural/Engineering needs.

'LEGAL: This contract will conform to all legal requirements.

MlWBE INFORMATION: All the M/WBE requirements will be met per the SOQ that was issued.

FINANCIAL IMPACT: Funds are not required for this contract as all funding will be determined foreach 'Work Order' that will be released.

RECOMMENDATION: Engineering and Project Management recommends that the CommissionersCourt approve the Indefinite Quantity Contract with the firm, Basye & Associates, to provideProfessional Services on the basis of Work Orders and authorize the County Judge to execute the contractdocuments.

Approved:

Q~.IDal1Savage, Assis nt Administrator for Operations

George L Allen Sr Courts Building600 Commerce St. 9'11 Floor. Suite 900 Dallas, Texas 75202-6633

E-mail: akakaiildallasC(2iAl}l..y,grg

Tel 214-653-6242Fax 214-653-6729

3IM\t==~l-=--..-BASYE"'A5SOCIATES.INC.

Engineering & ComputerTelephony Solutions

July 3, 2003

Mr. Abbas A. Kaka, P.E.Assistant DirectorEngineering and Project ManagementDallas County600 Commerce Street, 9th FloorDallas, Texas 75202

47Arthur F. Elgin, P.E.

Vice PresidentEngineering

Dallas CountyEngineering &. Project

Management

RECEIVED

RE: Dallas County IDIQ Hourly Rates from Prime and Sub-Consultants

Mr. Kaka:

Per your request, I have attached the BAI Team's hourly rates. They are in the originalformats that I received from the various sub-Consultants. I hope that is not a problemand, if so, I will gladly compile them into one composite list.

Ifyou have any questions, comments or concerns, feel free to contact me at yourconvenience at 214-761-8435. And, THANK YOU, again for this opportunity.

Sincerely,

E:/~Arthur F. Elgin, P.E.

Dallas P.O. Box 15067· Dallas, TX 75201-0067· Voice: 214.761.8435· Fax 214.748.028651 Louis 8704 Manchester Road· St. Louis, MO 63144· Voice: 314.427.7175· Fax: 314.427.1256

48

Dallas County IDQ ContractBayse & Associates

FIRM: Charles F. Mc Afee, FAIA, NOMA, PA (Sub Consultant)

Salary Expenses as of June 30, 2003PersOhnelsalaries (Rate =yearly salary - 2080 or Hourly Wage)

Responsibility Name Status Rl.iw Rate Multiplier Billable Rate

1 Principal Architect Charyl F. McAfee-Duncan S $50.00 2.94 $147.00

2 Project Manager David Bourbon S $33.00 2.94 $97.02

3 Job Captain Detra Kelly S $25.00 2.94 $73.50

4 Interiors Coordinator Myosha Dailey H $17.11 2.94 $50.30

5 CADD Technician DaveT. Smith H $22.00 2.94 $64.68

6 CADD Technician Darby Eckles H $17.75 2.94 $52.19

7 CADD Technician Nnamdi Igwe H $23.10 2.94 $67.91

FEE SCHEDULE

January 2003:

PrincipalTechnical SupportCAD DraftingClerical

$90.00$65.00$45.00$35.00

49

50Dallas County 1010

2003 - 2004

Hourly Rate Schedule(Valid October 2002 - September 2003*)

Labor CategoryPrincipalPlaza Design PrincipalProject ManagerSenior Plaza DesignerJunior Plaza DesignerProject ArchitectSenior ArchitectArchitectIntern ArchitectSenior Lal]dscape ArchitectLandscape ArchitectSenior Structural EngineerStructural EngineerStructural DesignerStructural TechnicianSenior Civil EngineerJunior Civil EngineerSenior Traffic EngineerJunior Traffic EngineerSenior Electrical EngineerElectrical EngineerElectrical Engineer-In-TrainingElectrical DesignerSenior Mechanical EngineerMechanical EngineerMechanical Engineer-In-TrainingMechanical DesignerPlumbing DesignerSenior Clerical/Project. AdministrativeJunior Clerical/Project. AdministrativeCADD TechnicianSenior EstimatorJunior Estimator

Rate$180$375$165$165$115$130$115$100

$75$165$115$145$120$105$80

$135$105$135$105$135$115$100$100$135$115$100$100$100

$65$55$75

$135$105

* After September 2003, rates will be increased by 4% per year.

JACOBS June,2003

51

DALLAS COUNTY IDIQ(2003-2004 Contract Term)

BASYE &> ASSOCIATES, INC.SCHEDULE OF HOURLY RATES

Team Member Hourly Rate

Project Executive $155 per hour

Project Director $130 per hour

• Project Manager $115 per hour

Senior Electrical Engineer $11 0 per hour

Senior Mechanical Engineer $105 per hour

Electrical/Mechanical Engineer $ 90 per hour

Special Systems Designer $ 93 per hour

ElectricallMechanical Designer $ 72 per hour

CADD Technician $ 55 per hour

Project Assistant $ 38 per hour

ClericallWord Processor $ 35 per hour

Project related expenses including, but not limited to, travel, lodging, meals, mass graphicreproduction costs, etc. will be reimbursed at 1.1 times actual costs incurred.

Rates effective through 6/30/04

52

DALLAS COUNTYARCHITECTURAL/ENGINEERING CONSULTANT SERVICES CONTRACT

INDEFINITE QUANTITY SERVICES

THE STATE OF TEXAS §

COUNTY OF DALLAS §

KNOW ALL MEN BY THESE PRESENTS, this Contract is made and entered into as of the as of

July 22, 2003, and for the term of August 1,2003 to July 31, 2004, by and between the COUNTY

OF DALLAS (hereinafter referred to as "County") acting by and through the Commissioners Court

of Dallas County, Texas, and BASYE & ASSOCIATES, INC. (hereinafter referred to as

"Consultant") with offices located at: 500 S. Ervay Street, Suite 430-A, Dallas, Texas 75201.

WITNESSETH:

WHEREAS, County intends to contract with a professional architectural/engineering firm for

professional services for one year with the option to extend for two additional one-year terms,

providing both parties concur; and

WHEREAS, the miscellaneous projects to be included in this Contract include construction

contracts between Five Thousand and 00/100 Dollars ($5,000.00) and Six Hundred ThGusand and

00/100 Dollars ($600,000.00) and the maximum fee for any project will not exceed Seventy- Five

Thousand and 00/100 Dollars ($75,000.00) unless both parties concur; and

WHEREAS, pursuant to the Texas Local Government Code Article 2254, the County requested

qualifications from professional Consultants willing to assist the County by providing

architect/engineer services; and,

WHEREAS, the County has determined that Consultant is the highest qualified provider of

architect - engineer services; and,

WHEREAS, County and Consultant have agreed upon the fair and reasonable negotiated price

per unit of work to be accomplished; and,

WHEREAS, the County has determined that the services of professional Consultants are

necessary from time to time for the benefit of the County; and,

Page J

Rev 07-15-03

53

WHEREAS, the County has selected the Consultant to provide architect/engineer services in

Dallas County, Texas; and,

WHEREAS, County desires to contract with Consultant for comple,e Professional Architectural

and Engineering services as detailed in any "work order" that may be issued under this Contract;

and

WHEREAS, County and Consultant have agreed to provide professional architect/engineering

services as provided in future mutually agreed Work Orders;

NOW, THEREFORE, County and Consultant, in consideration of the terms, covenants and

conditions herein contained, Ten and 00/100 Dollars ($10.00) and other good and valuable

consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, do

hereby agree and contract as follows:

ARTICLE 1

SCOPE OF SERVICES AND COMPENSATION

1.1. Consultant, as an Independent Contractor and Professional Consultant in its relationshipwith County, shall perform all professional services for any Work Order as authorized TheIndefinite Quantity Contract is to be used for a wide variety of Projects/ProfessionalServices. The Services may range from, but are not limited to: evaluation of a structuralproblem, or an HVAC problem, architectural space planning, signage, interior designservices, miscellaneous building design or repair.

1.1.1. County will provide Consultant with the requirements of all projects in writing asnumbered proposed Work Orders, as described in Article 4, Work Orders. WorkOrders shall specify the targeted completion date and negotiated fee for subjectproject.

1.2. County shall compensate Consultant in accordance with the agreed terms and conditionsof this Contract and the particular Work Order. Any conflict shall be decided in accordancewith Section 28.2 (Order of Precedence).

1.3. Consultant's Service under this Contract for the purposes of negotiation of Work Orderswill be based on the hourly rates as indicated in Attachment 1 to this contract.

Page 2Rev 07-15-03

54

14. If a traditional full-service construction contract is awarded under a Work Order for a FixedPrice (Lump Sum) Contract. the following breakdown of the Consultant's contract shall beutilized as milestones for partial payment purposes:

Schematic Design 15%Design Development 15%Construction Documents 40%Bidding 5%Construction Administration 25%

TOTAL 100%

1.5. Partial payments will be authorized on a monthly basis provided proper invoices withattached documentation, as required by County's Director and the County Auditor, aresubmitted.

1.6. The cost for each project will be negotiated separately for each Work Order issued andwill be either Fixed Price (lump sum) or not-to-exceed hourly contract. The type of costbasis used will be determined according to the requirements of each project. If the scopeof the work is sufficiently defined then a fixed price (lump sum) contract is preferred,however for projects that are not as definitive a not-to-exceed units price (hourly) contractmay be used.

1.7. Reimbursable Charges. In addition to the Professional Fee, not to exceed reimbursablecharges may be authorized in the Work Order, including:

1.7.1. Aaditional unusual vehicle travel (other than normal office to job, office to meeting,office to job site, etc.) will be compensated at the rate of $.36 per mile.

1.7.2. Long distance telephone or fax calls made for the benefit of the job.1.7.3. Additional blueprinting and photocopying (other than normal in-house, check prints,

consultant work sheets, final project drawings and specifications, and specifiednumber of review copies) will be compensated at the actual cost.

1.74. Engineering Site Surveying1.7.5. Geotech Engineering Soil Analysis/Foundation Recommendation1.7.6. Asbestos testing.1.7.7. ADA Review of drawings by State of Texas.

Page 3Rev 07-15-03

55

ARTICLE 2CONSULTANT'S SERVICES

2.1. BASIC SERVICES FOR TRADITIONAL FULL SERVICE CONSTRUCTION CONTRACTConsultant's Basic Services consist generally of the phases described below, and includecomplete engineering and architectural services. All Consultant's consultants shall besubject to approval of County through County's Assistant Administrator for Operations,Dallas County Commissioners Court or his designee, hereinafter referred to as "Director".Consultant shall perform all work commensurate with the care and skill ordinarily used bymembers of Consultant's profession under the same or similar circumstances at the sametime and in the same locality satisfactory and acceptable to County, as determined by itsDirector or his designee.

2.1.1. SCHEMATIC DESIGN PHASE FOR TRADITIONAL FULL SERVICECONSTRUCTION CONTRACT Consultant shall consult with County to clarify therequirements of the Project, and shall prepare Schematic design documents,acceptable to Director, for all portions of the Project.

2.1.2. DESIGN DEVELOPMENT PHASE FOR TRADITIONAL FULL SERVICECONSTRUCTION CONTRACT Consultant shall prepare Design DevelopmentDocuments to include adequate drawings and specifications for all elements of theProject for consideration and approval by Director. Three (3) copies of saiddocuments will be submitted to County consisting of drawings and otherdocuments to fix and describe the size, cross sections, character of the Project asto architectural, structural, mechanical and electrical systems, materials and suchother essentials as may be necessary and appropriate.

2.1.3. STATEMENT OF PROBABLE CONSTRUCTION COST Consultant shall submitto County a Revised Statement of Probable Construction Cost in a form acceptableto Director. Any variance in the estimated construction costs that will adverselyaffect the established Project Budget will be submitted to Director with appropriatecomments and recommendations prior to the beginning of Construction DocumentsPhase.

2.14. CONSTRUCTION DOCUMENTS PHASE FOR TRADITIONAL FULL SERVICECONSTRUCTION CONTRACT Consultant shall prepare from the approvedDesign Development Documents complete Working Drawings and Specificationsfor consideration of an approval by Director Working Drawings and Specificationsshall set forth in complete detail the requirements of the entire ProJect, includingthe necessary construction bidding information prepared in such a way as to allowCounty, if it so desires, to advertise for the award of contract for the construction ofand completion of the entire Project. Consultant shall prepare the bidding Forms,utilizing the County's standard General and Supplementary General Conditions.Consultant shall draft all Special Conditions of the Contract which shall besubmitted to the Director, or his designee, for review and approval. The County'sstandard form of Contract between County and Construction Contractor shall alsobe utilized. Consultant agrees to make such changes to all documents provided asnecessary and without additional cost, to incorporate all requested changes basedon the review and comments of the Director or his designee

Page 4Rev 07-15-03

56

2.14.1. Consultant shall furnish to County in writing a revised Statement ofProbable Construction Cost, indicating cost changes resulting fromChanges in Project requirements or general market conditions, in a formacceptable to Director.

2.14.2. Consultant shall file three (3) complete sets of proposed ConstructionDocuments with Director for review and approval prior to the advertisementof bids for the construction of the ProJect.

2.14.3. Following approval, Consultant shall forward original drawings andspecifications to County for reproduction for bidding purposes.Reproduction costs for bidding to be paid by County.

21.5. BIDDING PHASE Following the County's approval of the Construction Documentsand the latest Statement of Probable Construction costs, Consultant shall assistCounty in awarding a construction contract following legal public bid requirements.During the bid process, Consultant shall assist County as follows:

2.1.5.1. Jointly conducting pre-bid conference, including on-site visits as required, toendeavor to assure that bidders understand the Construction Documents,the various on-site conditions, and the coordination and schedulingrequirements.

2.1.5.2. Evaluate the bids received and, if requested, prepare a written evaluation.

2.1.5.3. Jointly conducting post-award pre-construction conferences wherenecessary.

2.1.54. Consultant's assistance to County shall include submitting written reviewsand recommendations for award based upon the acceptability of bids; and,if required by County more detailed analysis of specific bids and theirconformity with Bid Documents.

2.1.6. SERVICES FOR CONSTRUCTION CONTRACT ADMINISTRATION FORTRADITIONAL FULL SERVICE CONSTRUCTION CONTRACT. ContractAdministration includes all services as set forth in AlA Document A201, 1997Edition, as modified by County, Article 4, specifically excluding any right tomediation or arbitration. Notwithstanding the terms of AlA Document A201,Consultant shall visit the site at intervals appropriate to the state of construction,with a minimum of two (2) visits per month. After each visit, Consultant shallforward to County a written report documenting the conditions as observed withrecord of any instructions given to the Contractor.

2.2 Additional services will be compensated as set out herein in ARTICLES 1. AdditionalServices are those professional services required and made necessary by County initiatedchanges in the Project, and include services by Consultant's Principals, employees andconsultants. The cost of additional services shall be paid to Consultant in an amount thatdoes not exceed the amount included in the Work Order for such changes or as may beapproved by Commissioners Court. Such additional services shall include, but not belimited to the following:

Page 5Rev 07-15-03

57

22.1. preparation of construction change orders and supporting data and/or revisingpreviously approved plans when the changes in approved Plans and Specificationsare required by and approved by the Director unless such changes are required tobe made because of error, oversight, clarification, or discrepancy in the work ofConsultant. In that event Consultant shall timely make all needed corrections, atno cost to County.

2.2.2. additional services for providing consultation concerning replacement of anyProject work damaged by fire, or other cause, during construction and furnishingprofessional services as may be required in connection with the replacement ofsuch work, unless damage was the result of Consultant's error. In that eventConsultant shall timely replace, repair, or make all needed corrections, at no costto County.

ARTICLE 3COUNTY'S RESPONSIBILITIES

3.1. County shall designate representatives authorized to act in its behalf. All submissions shallbe to the County Assistant Director of Engineering or the Engineer responsible for a WorkOrder. Such engineer shall be responsible for transmission of the submission to theDirector. County shall examine documents submitted by Consultant and render decisionspertaining thereto promptly to avoid unreasonable delay in the orderly progress ofConsultant's work. Failure to timely review any document shall not cause a damages fordelay claim and Consultants only remedy shall be a extension of time reasonable forperformance.

3.2. Consultant shall be entitled to reasonably rely on the accuracy of the information, reports,and materials which County shall furnish.

3.3. Any charges which may be assessed for building permit fees will be paid by theconstruction contractor and are to be included by Consultant in the specifications for theproject.

3.4. County will provide Consultant with its written requirements for the Project, Instruction toBidders, Propos3 =orms, Wage Rates, Contract and Bond Forms, Bid AdvertisementForms, and sucher information and materials as may be necessary and practicable forthe orderly and, editious process of the work and the awarding of the ConstructionContract. To the f:~nt practicable, these documents shall be utilized in the preparation ofthe Contract Documents.

3.5. If County or Consultant observes or otherwise becomes aware of any fault or defect in theProject or construction of the Project, it shall give prompt written notice thereof to theother.

Page 6Rev 07-15-03

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ARTICLE 4WORK ORDERS

4.1. Work performed by the Consultant will be authorized by the County by written Work Orderissued prior to work being performed. Each such Work Order shall be incorporated intoand made a part of this Contract. In no event shall the cumulative total Cost authorized inall Work Orders exceed the maximum amount payable established in Article 3(Compensation).

4.2. Time is of the essence as to the completion date in each Work Order. Any Work Orderissued during the effective term of this Contract and not completed within that period shallbe completed by Consultant within the time specified in the Work Order, time being of theessence. This Contract shall survive the expiration of the termination date as to suchorders and shall govern the County and Consultant's rights and obligations with respect tothat order to the same extent as if the order was completed during the term of theContract, specifically including all insurance and indemnification provisions contain herein.Such continuation of the Contract shall terminate when either the Dallas CountyCommissioners Court shall accept the project as substantially complete or written notice isgiven to Consultant by the County Director of Engineering that Consultant's services areno longer required under the Work Order, or termination for cause under Article 9(Termination, Default, Time of the Essence and Force Majure), whichever shall first occur.

4.3. Each Work Order shall be prepared by the County and shall include, but not be limited to,the name and number of the project, location of the work to be performed, a description ofthe work to be performed, any items to be furnished by the County, any special provisionand a completion date for the work. Upon receipt of the proposed Work Order, theConsultant shall furnish to the County a schedule for the work, suggested personnelrequired for the timely completion of the work based on the County's completion date,itemized projected Cost of the Work Order based on the negotiated rates as shown inARTICLE 1 (SCOPE OF SERVICES AND COMPENSATION) and a total, not-to-exceedCost of the Work Order.

44. The County may accept or reject, in whole or in part, such submission. In the event ofrejection the parties agree to negotiate in good faith the Work Order items to reachagreement as to each item. Once agreement has been reached, the Work Order will becompleted and signed by the Consultant. Such Work Order shall be signed by the DallasCounty Engineering Department as recommended for approval. The Work Order will thenbe submitted to the Dallas County Commissioners Court for its consideration. The WorkOrder is contingent upon and not effective until approved by a formal order of the DallasCounty Commissioners Court and notice to proceed has been issued by the EngineeringDepartment. Upon approval of the Commissioners Court, the Work Order shall beexecuted and delivered to the Consultant.

4.5. In the event that a negotiated Work Order cannot be agreed upon, County shall furnish theConsultant a Work Order based on the County's last negotiated position. The Consultantmust sign and return the Work Order(s) within seven days after receipt to signifyacceptance. Refusal to negotiate a Work Order by rejection or failure to sign within seven(7) days shall terminate negotiations regarding that Work Order with Consultant and allowthe County, in its sole discretion, to negotiate such project with the next most qualifiedConsultant in compliance with Texas Government Code, Article 2254.004 If the Work

Page 7Rev 07-15-03

59

Order is accepted by Consultant it will be submitted to the Dallas County CommissionersCourt for its consideration.

4.6. Work Orders will be issued at the sole discretion of the County. There may be no WorkOrders issued under this or any subsequent Contract. There is no limit, on the number ofWork Orders that may be issued. There is no guarantee of the issuance of any WorkOrder(s) or any amount of work under this Contract.

4.7. Concurrent with the issuance of a Work Order by County, Consultant shall execute anaffidavit certifying that there has been no material change in the qualifications of theConsultant and Consultant remains as fully qualified to perform the services as the date onwhich the County considered the response of Consultant to the Statement ofQualifications.

4.8. Consultant understands that each Work Order Project Performance Schedule is of criticalimportance and agrees to undertake all necessary efforts to expedite the performance ofservice required herein, so that services are completed as scheduled. In this regard,Consultant shall proceed with sufficient qualified personnel and consultants necessary tofully and timely accomplish all services required under this Contract, time being of theessence.

NOTICE: Each Work Order is not effective and the Consultant shall not commenceany work contained therein until and unless the Work Order has been approved byformal court order of the Dallas County Commissioners Court and notice to proceedhas been issued by the Engineering Department. Dallas County shall not be liablefor, nor will it pay for any amount of work commenced prior to the approval of theWork Order by the Dallas County Commissioners Court and notice to proceed hasbeen issued by the Engineering Department.

ARTICLE 5FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST

5.1. The fixed limit of total Budgeted Construction Cost of this Project shall provide the basisfor Consultant's design decisions. Consultant, in consultation with County, shall determinethe materials, equipment, component systems, and types of construction that will beincluded in the Contract Documents, and will make reasonable adjustments in the scopeof the Project to bring it within the fixed limit. With County approval, Consultant may alsoinclude in the Contract Documents alternate bids to adjust the construction cost to thefixed limit. If the lowest responsible construction bid is within the fixed limit of totalBudgeted Construction Cost for the Project, or the Consultant's latest detailed estimate ofProbable Construction Cost for the project, established as a condition of this Contract,County will pay Consultant's fees for Basic Services in accordance with this Contract.

5.2. If the lowest responsible bid exceeds the fixed limit of total Budgeted Construction Cost forthe Project, established as a condition of this Contract (except if the scope of the projectchanges, and is approved in writing), County, at its option, may either (1) give writtenapproval of an increase in such budget fixed limit, with no obligation to increaseConsultant's fee, or (2) reject all bids and authorize re-bidding within a reasonable time. Ifthe County chooses to re-bid the consultant, in cooperation with the County, shall revisethe Project scope and quality as required to reduce the Probable Construction Cost. In

Page 8Rev 07-15-03

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case of alternative number (3), Consultant, without additional charge, shall immediatelymodify the Drawings and Specifications as necessary to bring the Project cost within thebudgeted fixed limit or within any higher fixed limit sUbsequently authorized by Countywithout increase in project scope. The providing of this service shall be the limit ofConsultant's responsibility in this regard, and having done so, Consultant will be entitled toits fees in accordance with this Contract.

ARTICLE 6CONSULTANT'S ACCOUNT RECORDS

Records of Consultant or consultant expenses pertaining to services on the Project and records ofaccount between County and Consultant shall be kept on a generally recognized accountingbasis, shall be maintained in Dallas County for a minimum of four (4) years from the terminationdate of this Contract and with full and immediate access allowed to authorized representatives ofthe County upon request for any purpose including, but not limited to, evaluating compliance withthis and other provisions of this Contract. County or its authorized representative, shall have theright to make copies of any and all documents, books, backup documents, or other items eitherincluded in the records of account or supporting such records at County's cost.

ARTICLE 7PAYMENS TO CONSULTANT

7.1. Payments on account of Consultant's Basic Services shall be made on a monthly basis.

7.2. Payments for Additional Services for Consultant, as herein above referred to, shall bemade following presentation, review and approval of the Consultant's detailed invoice intriplicate.

7.3. No deduction shall be made from Consultant's compensation on account of penalty,liquidated damages, or other sums withheld from payments to Construction Contractor.

7.4. No addition shall be made to Consultant's compensation based upon construction contractclaims or delays in construction whether paid by County of denied.

7.5 Consultant's invoices to County shall provide complete information and documentation tosubstantiate Consultant's charges, and shall be in a form to be specified by Director. Allpayments to Consultant shall be made on the basis of the invoices submitted byConsultant and approved by Director. Should additional backup material be requested byDirector, Consultant shall comply promptly with such request. In this regard, shouldDirector determine it necessary, Consultant shall make all its records and books related tothis Contract available to County, County's independent auditor or other person or entityauthorized by County in writing, for inspection and auditing purposes.

7.6. County reserves the right to correct any error that may be discovered in any invoice thatmay have been paid to Consultant and to adjust the same to meet the requirements of theContract. Following approval of invoices, County will endeavor to pay Consultant promptly(usually within thirty (30) days); however, under no circumstances shall Consultant beentitled to receive interest on amount due.

Page 9Rev 07-15-03

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t\RTICLE 8INDEPENDENT CONTRACTOR

The Consultant at all times shall be an independent contractor. The Consultant shall be fullyresponsible for all acts and omissions of its employees, subcontractors, and their suppliers, andshall be specifically responsible for sufficient supervision and inspection to insure compliance inevery respect with the contract requirements. There shall be no contractual relationship betweenany subcontractor or supplier of the Consultant and the County by virtue of this Contract. Noprovision of this Contract shall be for the benefit of any party other than the County andConsultant.

ARTICLE 9TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE MAJEURE

9.1. In connection with the work outlined in this Contract, it is agreed and fUlly understood byConsultant that County may cancel or indefinitely suspend further work hereunder orterminate this Contract or any Work Order or Work Orders, singularly or in anycombination before the end of the term, any extension thereof, or completion date uponseven (7) days written notice to Consultant, and upon receipt of said notice all work andlabor being performed under this Contract shall cease, as a result of any of the followingconditions:9.1.1. By mutual consent and agreement of both parties hereto.

9.1.2. By the County, by notice in writing to the Consultant as consequence of failure bythe Consultant to perform the services herein set forth in a satisfactory manner andwithin the limits provided, in the sole judgment of County, with proper allowancesbeing made for circumstances beyond the control of the Consultant.

9.1.3. By either party, upon the failure of the other party to fulfill its obligations as set forthin the Contract, Work Order(s), County Solicitation for Qualifications No. 2003095-1336 or other incorporated document by giving written notice one to the otherestablishing the effective date of termination.

9.1.4. By the County, without cause, for reasons of its own and not subject to the mutualconsent of the Consultant, upon not less than thirty days written notice to theConsultant.

9.2. Consultant shall invoice County for all work satisfactorily completed and shall becompensated in accordance with the terms of this Contract for all work accomplished priorto the receipt of said notice. No amount shall be due for lost or anticipated profits Allplans, field surveys, maps, cross sections and other data, design and work related to theProject shall become the property of County in accordance with Article 10, "Ownership ofDocuments", upon the termination of this Contract, and shall be promptly delivered toCounty in a reasonably organized form without restriction on future use. Should Countysubsequently contract with a new Consultant for continuation of services on the Project,Consultant shall cooperate in providing information and shall be released or savedharmless from any acts of negligence on the part of other in use of said data.

9.3. If the termination of this Contract is due to the failure of the Consultant to fulfill itsobligations,

Page 10Rev 07-15-03

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93.1. the County may take over the project and prosecute the work to completion bycontract or otherwise. In such case, the Consultant shall be liable to the County forany additional cost the County may incur, and

9.3.2. the cost to the County of employing another firm to complete the required work, thetime required to do so and other factors which affect the value to the County of thework performed to the date of default may, at the sole discretion of the County, beoffset against the amount of compensation, if any, to be paid.

9.4. Nothing contained in this Article 9 shall require County to pay for any work which isunsatisfactory as determined by Director or which is not submitted in compliance with theterms of this Contract. County shall not be required to make any payments to Consultantwhen Consultant is in default under this Contract, nor shall this Article constitute a waiverof any right, in law and 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 belimited to the failure to complete Consultant's work in accordance with the performanceschedule and in accordance with ARTICLE 4 (WORK ORDERS).

9.5. At the termination of the Contract between County and Consultant, Consultant shallfurnish to County a listing of current records pertaining to any outstanding obligations orother records or information required by the Contract, inclUding any Work Order, orrequested in writing by County in either printed or electronic format or both. Consultantagrees to furnish such information in an electronic form which is compatible with theCounty's computer system and/or the computer system of any subsequent vendor orcontractor of County selected for continuation of the services as described in whole orpart herein, including any Work Order, or as may be added by amendment. Consultantagrees to cooperate with any subsequent vendor or contractor of County and to use itsbest efforts to insure a transition of services without interruption or degradation- of service.This provision will survive the termination of this Contract and shall be a continuingobligation until the transition of services is complete. All items listed or required in thisprovision shall be furnished by Consultant to County without additional cost or expense toCounty.

9.6. Consultant understands and agrees that time is of the essence and that any failure ofConsultant to complete the services within the agreed Project Performance Schedule willconstitute a material breach of this Contract. Consultant shall be fUlly responsible for Itsdelays or for failures to use its best efforts in accordance with the terms of this Contract.Where damage is caused to the County due to Consultant's failure to perform in thesecircumstances, County may withhold, to the extent of such damage, Consultant'spayments hereunder without waiver of any of County's additional legal rights or remedies.

9.7. Neither County nor Consultant shall be deemed in violation of this Contract if it isprevented from performing any of its obligations hereunder by reasons for which it is notresponsible or circumstances beyond its control. However, notice of such impediment ordelay in performance must be given with ten (10) days and all reasonable effortsundertaken to mitigate its effects.

9.8. If the Project is suspended, Consultant shall be compensated for all services performedprior to receipt of written notice from County of such suspension. This agreement may beterminated by either party upon seven (7) days written notice should the other party failsubstantially to perform in accordance with its terms through no fault of the party initiating

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the termination. In the event that this Project is terminated, Consultant will becompensated for all services performed prior to receipt of the termination notice.

ARTICLE 10OWNERSHIP OF DOCUMENTS

10.1. All plans and drawings will be prepared and submitted by Consultant to County forapproval on 24-inch by 36-inch drafting sheets, with all lettering processed in ink or penciland clearly legible when the sheets are reproduced and reduced to half size. All drawingsare to be produced under Auto CAD Release 2000, or compatible system, and copies ofdiskettes will be provided to County after the completion of the project.

10.2. All Consultant's designs and work product under this Contract including, but not limited to,Tracings, Drawings, Estimates, Specifications, Investigations, Studies, and otherDocuments, completed or partially completed, shall be the property of County to be usedas County desires, without restriction. Copies may be retained by Consultant. Consultantshall be liable to County for any loss or damage to such documents while they are in thepossession of, or while being worked upon by Consultant or anyone connected withConsultant, including agents, employees, consultants or subcontractors. All documents solost or damaged shall be replaced or restored by Consultant without cost to County

10.3. Upon completion of the construction of the Project, Consultant shall prepare, and withinthirty (30) calendar days following final inspection, deliver to County the reproducibleRecord Drawings, Record Specifications, and Auto CAD and word processing diskettes.

10.4. Consultant shall maintain, for a minimum of four (4) years from the termination date of thisContract all items listed in this section, with full and immediate access allowed toauthorized representatives of the County, immediately upon request, for any purposeCounty or its authorized representative, shall have the right to make copies of any and alldocuments, books, backup documents, or other items designs and work product under thisContract including, but not limited to, Tracings, Drawings, Estimates, Specifications,Investigations, Studies, and other Documents, completed or partially completed orsupporting or utilized to produce such items at County's cost.

ARTICLE 11GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS:

CONTRACT ADMINISTRATION

11.1. "County of Dallas - Supplementary General Conditions" to AlA Document A201, "GeneralConditions of the Contract for Construction," are to be used by Consultant for theperformance of the work required by this Contract, with such adjustments and changes asmay be necessary in specific instances with the express approval of County. Any specialconditions pertaining to the Project will be included under the Special Conditions portion ofthe Construction Documents.

11.2 This Contract shall be administered on behalf of County by its Director, and Consultantshall fully comply with any and all instructions from said Director. Any dispute arisinghereunder shall be submitted to Director. The decision of the Commissioners Court In anydispute arising hereunder shall be final and binding.

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ARTICLE 12RESPONSIBLITY FOR WORK: INDEMNIFICATION AND INSURANCE

12.1. Approval by County shall not constitute nor be deemed a release of the responsibility andliability of Consultant, its employees, subcontractors, agents and consultants for theaccuracy and competency of their Designs, Working Drawings, Specifications or otherdocuments and work; nor shall such approval be deemed to be an assumption of suchresponsibility by County for any defect, error or omission in the Designs, WorkingDrawings and Specifications or other documents prepared by Consultant, its employees,subcontractors, agents and consultants. In this regard, Consultant shall indemnify Countyto the extent of Consultant's negligent acts, errors or omissions for damages resulting fromsuch acts, errors or omissions, and shall secure, pay for and maintain in force during theTerm of this Contract sufficient errors and omissions insurance in an amount of not lessthan Three Hundred Thousand and 00/100 Dollars ($300,000.00) single limit, withcertificates evidencing such coverage to be provided to County.

12.2. Other than for professional Liability claims, to the fullest extent allowed by law,Consultant agrees to indemnify and hold harmless County, County Commissioners,County Judge, the County's elected officials, director, employees, agents andrepresentatives, (hereinafter referred to as "Indemnitees") against all claims,demands, actions, suits, losses, damages, liabilities, cost and/or expense of everykind and nature (including, but not limited to court cost, litigation expense andattorneys fees), paying same as they accrue, and all recoverable interest thereon,incurred by or sought to be imposed on Indemnitees because of injury (includingdeath) or damage to property (whether real, personal or inchoate), to the extentarising out of or in any way related (whether directly or indirectly, causally orotherwise) to: (1) the performance of, attempted performance of, or failure toperform, operation or work under this Contract by Consultant, its subcontractorsand/or any other person or entity; (2) the condition of the real property, includingany improvements, on which said operations or work are being performed; (3) theselection, provision, use or failure to use, by any person or entity, of any tools,supplies, materials, equipment or vehicles (whether owned or supplied by County,Consultant, or any other person or entity) in connection with said work oroperations; or (4) the presence on County real property, including anyimprovements located thereon, of Consultant, its subcontractors, employees,suppliers, vendors or any other person acting on behalf of Consultant. Thisindemnification shall apply, whether or not any such injury or damage has beenbrought on any theory of liability, including negligence, intentional wrong doing,strict product liability or breach of non-delegatable duty. Consultant further agreesto defend (at the election of any Indemnitee) against any claim, demand, action orsuit for which indemnification is provided hereunder.

12.3. Without in any way limiting or restricting the indemnification and defenseagreement stated above, Consultant agrees that it is the intention of the partieshereto that Consultant and its insurers bear the entire risk of loss or injury to any ofConsultant's employees, "borrowed servants", agents, representatives,SUbcontractors, vendors, material men, or any other person present on thepremises or performing any other act or service on Consultant's behalf or at itsrequest, whether or not any such loss or injury is caused in whole or part by the

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negligence or fault of any Indemnitee, and without seeking any contribution thereforfrom any Indemnitee or its insurers.

12.4. INSURANCE. The Consultant, at Consultant's sole cost, shall additionally purchase andmaintain in force the following minimum insurance coverage during the term of thisContract or as otherwise herein provided. Such insurance shall be in the amount and infull compliance with the following terms and conditions:

12.4.1. Within ten (10) days after the Effective Date of this Contact, Dallas County requiresand Consultant agrees that the following insurance coverage will be met and ineffect for the life of the awarded contract, inclusive or any Work Order, prior to anydelivery of any service and/or performance of work. Consultant agrees to furnishand maintain in effect for the duration of this Contract and any renewal, theinsurance listed herein from an insurance company acceptable to County andauthorized to do business in the State of Texas. Consultant will submit verificationof coverages to the Dallas County Engineering Department, showing DallasCounty as the certificate holder. Dallas County will neither be responsible for norauthorize payments for services rendered without having the applicable certificateson file. All insurance cost including any deductible, which shall not exceed tenpercent (10%) of the coverage, if any, shall be paid in full by Consultant withoutcost to or contributions from Dallas County. Consultant, at Consultant's sole cost,shall purchase and maintain the following minimum insurance coverage during theTerm of this Contract:

12.4.1.1. Workers' Compensation Insurance in the amount and in compliance withthe provisions as provided for by Texas Law as established by. the TexasWorkers Compensation Act, Title 5, Subtitle A, Texas Labor Code for all ofhis employees assigned to operate or work under this agreement. In theevent the Proposer elects to sublet any work, Proposer shall requiresubcontractors to provide Workers' Compensation Insurance for all of thelatter's employees unless such employees are afforded protection by theProposer.

This insurance must be endorsed with a Waiver of SubrogationEndorsement, waiving the carrier's right of recovery under subrogation orotherwise from the County.

12.4.1.2. Comprehensive General Liability Insurance, including Contractual Liability Commercial General Liability Insurance coverage shall carry limits of FiveHundred Thousand and 00/100 Dollars ($500,000.00) for bodily injury andproperty damage per occurrence with a general aggregate of Five HundredThousand and 00/100 Dollars ($500,000.00), and a products andcompleted operations aggregate of One Hundred Thousand and 00/100Dollars ($100,000.00). There shall not be any policy exclusion or limitationsfor contractual liability covering the Contractors obligations herein; personalinjury/advertising liability; medical payments; fire damage legal liability;broad form property damage, and/or liability for independent contractors.

124 1.3. Comprehensive Automobile Liability - Comprehensive Auto Liabilityinsurance covering all owned, hired and non-owned vehicles used in

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connection with the work performed under the Contract with limits of liabilitynot less than One Hundred Thousand and 00/100 Dollars ($100, 000 00)each person and Three Hundred Thousand and 00/100 Dollars($300,00000) each accident for bodily injury and One Hundred Thousandand 00/100 Dollars ($100, 000. 00) each occurrence for property damage fora combined single limit for bodily injury and property damage liability of notless than Four Hundred Thousand and 00/100 Dollars ($400,000.00).

12.4.1.4. Professional Liability - Insurance Requirements - Proposer shall indemnifyCounty for damages resulting from negligent acts, errors or omissions andshall secure, pay for and maintain in force during the term of the Contractand thereafter for an additional five (5) years from date the project isaccepted as complete by the Commissioners Court, sufficient errors andomissions insurance in an amount of not less than Three HundredThousand and 00/100 Dollars ($300,000.00) single limit, with certificatesevidencing such coverage.

12.4.2. Consultant agrees that, with respect to the above referenced insurance, allinsurance contracts will contain follOWing required provisions:

12.4.2.1. Name Dallas County as a certificate holder as to all applicable policies.

12.4.2.2. Provide for thirty (30) days notice to the County for cancellation, nonrenewal or material change.

12.4.2.3. Provide for an endorsement that the "other insurance". Clause shall notapply to Dallas County where County is an additional insured on the policy.

12.4.2.4. Provide for notice to the County at the address shown below by registeredmail.

12.4.2.5. Consultant agrees to waive subrogation against Dallas County, its officersand employees for injuries, including death, property damage or any otherloss.

12.4.2.6. Consultant shall provide that all prOVISions of this Contract concerningliability, duty and standard of care, together with the indemnificationprovisions, shall be underwritten by contractual liability coverage sufficientto include obligation within applicable policies.

12.4.2.7. Consultant shall notify County in the event of any change in coverage andshall give such notices not less than forty-five (45) days prior to the change,which notice must be accompanied by a replacement Certificate ofInsurance.

12.4. 3. Approval, disapproval or failure to act by the County regarding any insurancesupplied by Consultant shall not relieve Consultant of full responsibility or liabilityfor damages and accidents as set forth herein. Neither shall bankruptcyinsolvency or denial of liability by any insurance company exonerate the Consultantfrom liability.

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12.4.4. Within ten (10) days after the Effective Date of this Contact and prior to and as acondition precedent to the commencement of any work or delivery, the Consultantagrees to submit verification of the insurance coverage in the type, amount andmeeting all conditions as contained in this Contract, to Assistant Director DallasCounty Engineering Department showing County as the certificate holder (generalliability insurance) with coverage dates inclusive to that of the Contract term andeach renewal period, if any.

ARTICLE 13ASSIGNMENT

The Parties each hereby bind themselves, their successors, assigns and legal representatives toeach other with respect to the terms of this Contract. Consultant shall not assign, sublet ortransfer any interest in this Contract without prior written authorization of Director.

ARTICLE 14COMPLIANCE WITH LAWS, ORDINANCES, ETC.

14.1. Consultant, its consultants, agents, employees, and subcontractors shall be familiar withand at all times shall comply with all Federal, State and local laws, statutes, ordinances,codes, rules and regulations and the orders and decrees of any courts or administrativebodies or tribunals in any matter affecting the performance of this Contract, including,without limitation, workers' compensation laws, minimum and maximum salary and wagestatutes and regulations, licensing laws and regulations, all local, State and nationalboards, bureaus and agencies and non-discrimination laws and regulations and safetyWhen required, the Consultant shall furnish the County satisfactory proof of compliancetherewith. Consultant shall indemnify and save harmless the County and its officialrepresentatives against any claim arising from violation of any such law, ordinanceor regulation by Consultant or by Consultants contractors, subcontractors.consultant, subconsultants or Consultants employees. Consultant shall coordinatethe obtaining of all permits, approvals and licenses required to accomplish the workspecified and detailed under this Contract.

14.2. Consultant will pay all taxes, if any, required by laws arising by virtue of the servicesperformed hereunder. County is qualified for exemption pursuant to the provisions ofArticle 20.02 (H) of the Texas Limited Sales, Excise and Use Tax Act.

14.3. NONDISCRIMINATION. As a condition of this Contract, Consultant will take all necessaryaction to insure that, in connection with any work under this Contract, it will notdiscriminate in the treatment or employment of any individual or groups of individuals onthe grounds of race, color, religion, national origin, age, sex or physical handicap unrelatedto job performance, either directly, indirectly or through contractual or other arrangementsIn this regard, Consultant shall keep, retain and safeguard all records relating to thisContract or work performed hereunder for a minimum period, following Project completion,of three (3) years, with full access allowed to authorized representatives of County uponrequest for purposes of evaluating compliance with this and other provisions of thisContract.

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ARTICLE 15ENFORCEMENT, VENUE, GOVERNING LAWS AND NOTICES

15.1. This Contract shall be enforceable in Dallas County, Texas, and if legal action isnecessary by either Party with respect to the enforcement of any or all of the terms orconditions herein, exclusive venue for same shall lie in Dallas County, Texas. ThisContract shall be governed by and construed in accordance with the laws and courtdecisions of the State of Texas and is expressly subject to Dallas County's SovereignImmunity and Title 5 of the Texas Practice and Civil Remedies Code.

15.2. All notices and correspondence to County by Consultant shall be mailed or delivered asfollows

Dallas County Engineering and Project ManagementAbbas A Kaka, PE.George L. Allen Sr Courts Building600 Commerce Street, 9th Floor, Suite 900Dallas, Texas 75202

15.3. All notices and correspondence from County to Consultant shall be mailed or delivered asfollows:

Basye & Associates, Inc.Arthur F. Elgin, P. E.P. O. Box 15067Dallas, Texas 75201-0067

ARTICLE 16TERM

16.1. This Contract becomes effective when fully executed by both parties (hereinafter, the"Effective Date") and will terminate one year later, on July 31, 2004, unless terminationoccurs as otherwise provided hereinafter. The Consultant will not begin work or incurCosts until authorized in writing by the County to proceed with the work, as more fully setforth herein.

16.2. The County, in its sole discretion, shall have the right, but not the obligation, to renew thisContract for two periods of one (1) year (total of two (2) additional years) from thetermination date provided that the Consultant shall agree in writing.

ARTICLE 17FINANCIAL INTEREST PROHIBITED: CONFIDENTIALITY

17 1. Consultant covenants and represents that Consultant, its officers, employees, agents,consultants, and subcontractors will have no financial interest, direct or indirect, in thepurchase or sale of any product. materials or equipment that will be recommended orrequired for the construction of the Project

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17.2. Consultant understands that no officer or employee of County shall have any financialinterest, direct or indirect, in any contract with County, or be financially interested, directlyor indirectly, in the sale to County of any land, materials, supplies, or services, except onbehalf of County as an officer or employee. Any violation of this prohibition, with theexpress knowledge of the person or corporation contracting with County shall render theContract involved voidable by the Commissioners Court.

17.3. Consultant's reports, evaluations, design, drawings, data and all other documentation andwork developed by Consultant hereunder shall not be disclosed to any third parties withoutthe prior approval of Director.

ARTICLE 18SUSPENSION OF WORK

18.1. Should the County desire to suspend the work but not terminate the Contract, the Countywill issue a written order to stop work setting out the terms of the suspension. TheConsultant will stop all work and cease to incur costs during the term of the suspension.

18.2. The Consultant will resume work when notified to do so by the County in a writtenauthorization to proceed. Suspension of work does not extend the date of performance forany Work Order or other Contract period. If additional time is required to complete thework because of the suspension, a Work Order amendment will be executed inaccordance with Article 6 (Amendments).

18.3 If Consultant is delayed by the County due to a suspension of work, or otherwise, theConsultants sole and exclusive remedy for delay shall be the right to a time extension forcompletion of the Work Order and not damages.

ARTICLE 19REPORTING

19.1. The Consultant shall promptly advise the County in writing of events which have significantimpact upon the Contract, including but not limited to:

19.1.1. Problems, delays or adverse conditions which will materially affect the ability tomeet time schedules or goals or preclude the attainment of project work units byestablished time periods. This disclosure shall be accompanied by a statement ofany action taken, or contemplated, and any County assistance needed to resolvethe situation.

19.1.2. Favorable developments or events which enable the Consultant to meet timeschedules and goals sooner than anticipated or to produce more work units thanoriginally projected.

192. The Consultant shall coordinate all work with the Manager of the Civil Design Section ofthe Dallas County Engineering Department or with such other person as may bedesignated by him in writing.

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19.3. The Consultant shall report progress on work undertaken to the designated Dallas Countypoint-of-contact at not greater than weekly intervals.

ARTICLE 20CONSULTANT RESOURCES

The Consultant contracts and agrees that the firm has adequate qualified personnel in itsemployment and all required transportation, equipment, materials, supplies and any and all othergoods and services for performance of services required under this Contract including any WorkOrder, or vvill be able to obtain such personnel, transportation, equipment, materials supplies andany and all other goods and services from sources other than the County. Unless otherwisespecified, the Consultant for the compensation received shall furnish all personnel, transportation,equipment, materials, supplies and any and all other goods and services required to perform thework authorized herein at its sole cost and expense All employees of the Consultant or of anysubcontractor shall have all required licenses, knowledge and experience as will enable them toperform the duties assigned to them. Consultant contracts and agrees that any employee of theConsultant or any subcontractor who, in the opinion of the County, is incompetent or whoseconduct becomes detrimental to the work or \'Vhose conduct reflects adversely on the County shallimmediately be removed from association with the project.

ARTICLE 21SUBCONTRACTS

21.1. The Consultant shall not subcontract or otherwise tra~sfer any portion of the workauthorizea by the County without prior approval in writing by the County. Under nocircumstances shall the Consultant subcontract more than fifty percent (50%) of thisContract.

21.2. Subcontractors shall comply with the provisions of this Contract and all Work Orders. Nosubcontract will relieve the Consultant of its responsibility under this Contract

ARTICLE 22SUCCESSORS AND ASSIGNS

The County and the Consultant each binds itself, its successors, executors, administrators,assigns and subcontractors in respect to all covenants of this agreement. The Consultant shallnot assign, subcontract or transfer its interest in this agreement without prior written agreement ofthe County.

ARTICLE 23DISPUTES

The Dallas County Assistant Court Administrator for Operations shall act as referee in all disputesunder the terms of this Contract between the parties hereto. The Director and the Consultant shallnegotiate in good faith toward resolving such disputes In the event the Director or the Consultantare unable to reach an acceptable resolution of disputes concerning the work to be performedunder this Contract, the Director shall present unresolved disputes arising under the terms of this

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Contract to the Commissioners Court The decisions of the Commissioners Court as it pertains tounresolved disputes shall be final and binding. Violation or breach of contract terms by theConsultant may be grounds for termination. Any additional or increased cost arising from thetermination shall be paid by the Consultant.

ARTICLE 24NOTIFICATION

When notice is permitted or required by this Contract, it shall be in writing and shall be presumeddelivered when delivered in person or three (3) days subsequent to the date placed, postageprepaid, in the U. S. Mail, Certified or Registered, Return Receipt Requested and addressed tothe parties at the following address. All notifications shall be made in writing to the addressesbelow:

For the Consultant:

Basye & Associates, Inc.P. O. Box 15067Dallas, Texas 75201-0067Attn: Arthur F. Elgin, P.E.

For the County:

Dallas County, TexasDepartment of Engineeringand Project Management600 Commerce Street, 9th Floor, Suite 900Dallas, Texas 75202Attn: Engineering and Project Management

Either party hereto may from time to time designate another and different address for receipt ofnotice of such change of address to the other party.

ARTICLE 25INCORPORATED DOCUMENTS AND ORDER OF PRECEDENCE

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

25.1.1. Solicitation for Qualifications No. 2003-095-1336

251.2. Work Orders as mutually agreed upon as set forth in this Contract.

251.3. Consultants submission of the MIWBE Specifications for RFP's.

251.4. Dallas County Unified Policy for the Selection of Architect/Engineers as set forth inCommissioners Court Order No. 91-393

25.2. In the event of any inconsistency between the provIsIons of this agreement, theinconsistency shall be resolved by giving precedence in the following order: (1) the WorkOrders; (2) this Contract; (3) the SOO and (4) Dallas County UnIfied Policy for theSelection of Architect/Engineers.

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ARTICLE 27MISCELLANEOUS GENERAL PROVISIONS

27.1. Applicable Law. This Contract and all matters pertinent thereto shall be construed andenforced in accordance with the laws of the State of Texas and exclusive venue shall be inDallas County, Texas. Notwithstanding anything herein to the contrary, this Contract isexpressly made subject to County's Sovereign Immunity, Title 5 of Texas Civil Practiceand Remedies Code, and all applicable State of Texas and Federal laws.

272 Entire Agreement. This Contract, including all Work Orders, all exhibits and addendum,constitutes the entire agreement between the parties hereto and may not be modifiedexcept by an instrument in writing executed by the parties hereto as herein provided.

27.3. 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 remainingprovisions shall remain in full force and effect.

274 DefaultlWaiver/Mitigation. It is not a waiver of default if the non-defaulting party fails todeclare immediately a default or delays in taking any action. Pursuit of any remedies setforth in this Contract does not preclude pursuit of other remedies in this Contract orprovided by law. Consultant shall have a duty to mitigate damages

27.5. Federal or State of Texas Funding. In the event that any Work Order or part thereof isfunded 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 statedherein, Consultant agrees to timely comply therewith without additional cost or expense toCounty

27.6. Headings. The titles which are used following the number of each paragraph are only forconvenience in locating various provisions of this Contract and shall not be deemed toaffect the interpretation or construction of such provision.

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

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

27.9. Funding. Notwithstanding any provisions contained herein, this Contract is expresslycontingent upon the availability of funding for each item and obligation contained herein forthe term of the agreement and any extension thereto. Contractor shall have no right ofaction against the County of Dallas in the event that the County of Dallas is unable to fulfillits obligations under this Contract as a result of lack of sufficient funding for any item orobligation from any source utilized to fund this Contract or failure to budget or authorizefunding for this Contract during the current or future fiscal years. In the event that Countyof Dallas is unable to fulfill its obligations under this Contract as a result of lack of sufficientfunding or if funds become unavailable, County of Dallas, at its sole discretion, may,subsequent to execution by County, provide funds from a separate source or terminatethis Contract.

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ARTICLE 28APPROVlD CONSULTANTS

The following are the approved consultants for this Contract:

Charles F. Mc Afee Architects5646 Milton Street, Suite 500Dallas, Texas 75206

Jacobs Facilities6688 North Central Expressway, Suite 400, MB-13Dallas, Texas 75206

Cedrick Frank Associates, Inc.13714 Gamma Road, Suite 113Dallas, Texas 75244

IN WITNESS WHEREOF, THE COUNTY OF DALLAS has caused this Contract to be signed byits County Judge, duly authorized to execute same in its behalf by Court Order No. ,approved by the Commissioners Court on , 2003, and BASYE &ASSOCIATES, INC., signing by and through its duly authorized representative, thereby bindingthe parties hereto, their successors, assigns and representatives for the faithful and fullperformance of the terms and provisions of this Contract.

ATTEST:

Margaret Keliher, County JudgeCounty of Dallas

Approved as to Form:

Assistant District Attorney

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ATTEST:

Arthur F. Elgin, P.E., Vice PresidentBasye & Associates, Inc.

74

ATTACHMENT 1

DALLAS COUNTY IDIQ(2003-2004 Contract Term)

BASYE & ASSOCIATES, INC.SCHEDULE OF HOURLY RATES

Team Member Hourly Rate

Project Executive $155 per hour

Project Director $130 per hour

• Project Manager $115 per hour

Senior Electrical Engineer $110 per hour

Senior Mechanical Engineer $105 per hour

ElectricallMechanical Engineer $ 90 per hour

Special Systems Designer $ 93 per hour

ElectricallMechanical Designer $ 72 per hour

CADD Technician $ 55 per hour

Project Assistant $ 38 per hour

ClericallWord Processor $ 35 per hour

Project related expenses including, but not limited to, travel, lodging, meals, mass graphicreproduction costs, etc. will be reimbursed at 1.1 times actual costs incurred.

Rates effective through 6/30/04

75ATTACHMENT 1

Dallas County IDQ ContractBayse & Associates

FIRM: Charles F. Mc Afee, FAIA, NOMA, PA (Sub Consu'ltant)

Salary Expenses as of June 30, 2003Personnel salaries (Rate = yearly salary - 2080 or Hourly Wage)

Responsibility Name Status Raw Rate Multiplier Billable Rate

1 Principal Architect Charyl F. McAfee-Duncan S $50.00 2.94 $147.002 Project Manager David Bourbon S $33.00 2.94 $97.023 Job Captain Detra Kelly S $25.00 2.94 $73.504 Interiors Coordinator Myosha Dailey H $17.11 2.94 $50.305 CADD Technician DaveT. Smith H $22.00 2.94 $64.686 CADD Technician Darby Eckles H $17.75 2.94 $52.197 CADD Technician Nnamdi Igwe H $23.10 2.94 $67.91

FEE SCHEDULE

January 2003:

PrincipalTechnical SupportCAD DraftingClerical

$90.00$65.00$45.00$35.00

76

ATTACHMENT 1

77Dallas County IDIO

2003 - 2004

Hourly Rate Schedule(Valid October 2002 - September 2003*)

Labor CategoryPrincipalPlaza Design PrincipalProject ManagerSenior Plaza DesignerJunior Plaza DesignerProject ArchitectSenior ArchitectArchitectIntern ArchitectSenior La(1dscape ArchitectLandscape ArchitectSenior Structural EngineerStructural EngineerStructural DesignerStructural TechnicianSenior Civil EngineerJunior Civil EngineerSenior Traffic EngineerJunior Traffic EngineerSenior Electrical EngineerElectrical EngineerElectrical Engineer-In-TrainingElectrical DesignerSenior Mechanical EngineerMechanical EngineerMechanical Engineer-In-TrainingMechanical DesignerPlumbing DesignerSenior Clerical/Project. AdministrativeJunior Clerical/Project. AdministrativeCADD·TechnicianSenior EstimatorJunior Estimator

ATTACHMENT 1

Rate$180$375$165$165$115$130$115$100$75

$165$115$145$120$105$80

$135$105$135$105$135$115$100$100$135$115$100$100$100$65$55$75

$135$105

* After September 2003, rates will be increased by 4% per year.

JACOBS June, 2003

78

COM:MISSIONERS COURTCOMMUNITY DEVELOPMENT BLOCK GRANT 03 JUL -9 Aii to: 2\

July 15,2003

TO: Commissioners Court

THROUGH: Rick Loessberg, Director ofPlanning & Development ___

FROM: Kim D. Nobles, Community Development Administrator~

SUBJECT: Proposed FY2003 CDBG & HOME Project Funding,Public Hearing Notification and Annual Action Plan

BACKGROUND

The U.S. Department ofHousing and Urban Development (HUD) will make available to theCounty, beginning October 1, 2003, $2,312,006 in CDBG funds and $698,335 in HOME funds.In addition, six cities have a total of $1 08,870 remaining from CDBG projects that they wish toreprogram or have completed, and there is also $140,975 remaining in unused administrativefunds. In accordance with the County's CDBG policies, staff and the program's thirteenconsortium cities have developed projects and activities that utilize these funds; these projects andactivities will then serve as the basis ofthe Annual Action Plan that must be submitted to HUD.

DESCRIPTION OF PROPOSED PROJECTS

The cities submitted eighteen proposed projects in accordance with the standards in the FY2003notification letters. A listing of the eighteen projects proposed by the cities and staff is containedin Attachment I. In reviewing the projects, please note that the City of Sachse is still seeking todetermine whether at least 51% of the beneficiaries from its proposed sewer project will below/moderate income (if it cannot be determined that at least 51% of the beneficiaries arelow/moderate income, then the project will not be eligible).

In addition to the eighteen proposed projects, $982,624 will be allocated for the followingsupport services and activities that were preliminarily approved by the Court on April 2, 2003:

79

CDBG AdministrationHousing Replacement AdministrationCDBG EngineerConstruction InspectorCommunity Housing Development

Organization (CHDO)Home Loan Counseling CenterIndirect Cost

Total

$175,300$130,210$107,010$ 68,555

$104,750*$346,799$ 50,000$982,624

*This allocation is required underjederallaw and is equivalent to 15% ofthe County's total HOME award; this $104, 750 must be provided tospecial housing non-profits (CHDOs-community housing developmentorganizations) jor use in acquiring, rehabilitating, or producing affordablehousing.

A comparison of the proposed allocation by project type to the current year's allocation is asfollows:

Proposed CurrentFunding as Funding as

Proposed Percentage PercentageProject Type Funding ofTotal ofTotal

General Administration $ 175,300 5% 6%Housing Replacement Administration $ 130,210 4% 4%CDBG Project Engineer $ 107,010 3% 3%Construction Inspector (Public Works) $ 68,555 2% 1%Indirect Costs $ 50,000 2% 2%Capital Improvements $1,225,621 38% 36%Code Enforcement $ 99,607 3% 7%Parks $ 129,343 4% 3%Sf. Center $ 110,885 3% 2%Housing Replacement $ 593,585 18% 18%Home Loan Counseling Center $ 346,799 11% 11%Up-Front Cost Program $ N/AUnincorporated Area $ 118,525 4% 4%CHDO $ 104,750 3% 3%

Total $3,260,190 100% 100%

In addition to the projects identified by the cities, the County has $118,525 available for use in itsunincorporated area. It is proposed that these funds be allocated to Sandbranch for floodplaincompliance (staffwill present a more detailed briefing on this project later in the year).

2

80

IMPACT ON FINANCE/OPERAnONS

Detailed line-item budgets for CDBG Administration, Housing Replacement Administration, theHome Loan Counseling Center and the CDBG Program Engineer are p-esented in Attachment II.All HOME funds, other than the $104,750 earmarked for CHDOs as is.required by Federal law,were allocated to the housing replacement program. No funds have bee"} allocated to the up-frontcost program since this program still has $483,000 remaining from prior years.

PROJECT SCHEDULE

CDBG staff must publish a notice listing the proposed projects and the Annual Action Plan, providefor a 30-day comment period, and hold a public hearing. It is proposed that the notice be publishedJuly 16, that the 30-day comment period begin July 17, and that the proposed public hearing beheld July 22. Final decisions pertaining to funding and the Annual Plan must be completed andforwarded to HOD by August 15,2003.

RECOMMENDATION

It is recommended that a pubic hearing be held during the regular session of the CommissionersCourt on July 22, 2003. It is also recommended that if the County does not receive any negativecomments during the comment period, that the County's CDBG and HOME funds be allocated inthe manner proposed for FY03/04 and that the County Judge sign all related documents.

Recommended by:

1. Allen Clemson, Administrator

Attachments

cc: CDBG Consortium CitiesBetty Lister, Director ofHealth & Human ServicesRyan Brown, Director ofBudgetVirginia Porter, County AuditorDon Holzwarth, Director ofPublic WorksRick Loessberg, Director ofPlanning & DevelopmentCDBG staff

3

81ATTACHMENT I

LIST OF PROPOSED PROJECT ALLOCATIONSCDBG & HOME FY 2003

Entity Proposed Activity Number % LowlMod ProposedBeneficiaries Income Funding

Balch Springs Blight Removal 21,145 60.4% $ 20,000Hickory Tree Sidewalk Installation 3,536 74.2% $ 147,270Guy Beny Park-Soccer Field 21,145 60.4% $ 15,935Improvements

Total $183,205

Cedar Hill Hendricks Street Sewer 115 76.6% $ 69,325Hickerson Area Water Main 761 62.9% $46,445

Total $115,770

Cockrell Hill Water Main Replacement 4,445 70.5% $163,024*

Total $163,024

Coppell Fire Hydrant 285 75% $ 19,034

Total $19,034

Duncanville Code Enforcement 1,870 54% $ 36,000Sr. Center Renovation 376 100% $110,885

Total $146,885

Farmers Jaycee Park Improvements 2,289 73.0% $113,408Branch

Total $113,408

Glenn Heights BrooksideIWillow Run Sewer 70 85.0% $ 90,569

Total $ 90,569

*a total of$105,000 from this amount must be reimbursed to the Sandbranch project for atemporary allocation previously provided for the awarding of the Cockrell Hill Water Main contract.

82

Entity Proposed Activity Number % LowlJyfo(:. ProposedBenefici",ries Income Funding

Hutchins Bluffview Street Reconstruction 661 51.8% $ 45,817Grayson Street Reconstruction 22 80.0% $ 34,460Code Enforcement 2805 53.5% $ 43,607

Total $123,884

Lancaster Streets Reconstruction-Cedardale 374 51.1% $133,490Area

Total $133,490

Rowlett Dennis St. Reconstruction 263 73.0% $129,195

Total $129,195

Sachse Sewer Rehab 48 TBD $65,761

Total $65,761

Seagoville Briar Creek Drainage & Street 327 100.0% $136,321Improvement

Total $136,321

Wilmer Water Infrastructure Improvement 3400 63.3% $144,910

Total $144,910

Unincorporated Sandbranch Floodplain 135 100% $118,525*Compliance

Total $118,525

*amount does not include $105,000 reimbursement from the Cockrell Hill Water Main Project.

83

Entity Proposed Activity Number % Low/Mod ProposedBeneficiaries Income Funding

Housing Housing Replacement 8 100% $593,585Homes

Total $593,585

Dallas County CDBO Administration $175,300Housing Replacement Administration $130,210Home Loan Counseling Center Administration $346,799Project Engineer $107,010Construction Inspector $ 68,555Indirect Cost $ 50,000CHDO $104,750

Total $982,624

Total CnBG & HOME Funds AUocated(Includescanyove0

$3,260,190

84

CARRYOVER FUNDS FOR FY03 PROJECTS

Entity Oracle No. Completed Project Grant Carryover CarryoverCDBG Grant Year Year per Amount Arnountto

Auditor FY03 Project

BalchSprings 09184 Demolition B-OO $22,815 Hickory Tree09322 Code Enforcement 01 B-02 $11,840 Rd. Sidewalk09183 Code Enforcement B-OO $ 96

Total $34,751

Coppell 09188 Sr. Center B-OO $19,034 FYOI FireTotal $19,034 Hydrant

Duncanville 09327 Code Enforcement 01 B-02 $18,596 Sr. Center09349 Moore S1. Water B-OO $10,27509361 Moore St. Asphalt 02 B-03 $ 274

Total $29,145

Hutchins 09331 Streets Improvement 01 B-02 $ 131 Bluffview S1.09333 Code Enforcement 01 B-02 $ 1,287 Code

Total $1,418

Rowlett 09200 Jackson S1. B-OO $15,000 Dennis StreetReconstruction

Total $15,000

Seagoville 09157 Comprehensive Plan B-99 $ 9,525 Briar CreekDrainage

Total $ 9,525

Admin 01 9316 CDBGAdmin B-02 $ 46,890 CDBGAdmin9318 Home Loan Center B-02 $ 54,366 HLCC Admin9317 Rehabilitation Admin B-02 $ 6,972 Rehab Admin9319 Project Engineer B-02 $ 175 Project Eng.9320 Project Inspector B-02 $ 32,572 Project Insp.

Total $140,975

Total Carryover Funds for the FY03 projects (CDBG) $249,849

85

FY2003 Community Development Bloer, GrantAdministrative BudgetsAttachment II

Cat Description CDBGAdmin Engineer Inspector Rehab Admin HLCCAdminNo. of Employees 2.5 1 1 2 6

1020 Salaries $ 133,000.00 $ 78,000.00 $ 55,000.00 $ 90,000.00 $ 258,000.001140 Hospital $ 10,000.00 $ 4,000.00 $ 1,500.00 $ 8,000.00 $ 24,000.001110 FICA $ 9,810.00 $ 5,750.00 $ 4,053.00 $ 6,650.00 $ 19,015.001150 Retirement $ 8,375.00 $ 4,900.00 $ 3,450.00 $ 5,660.00 $ 16,210.001180 Workers Comp $ 3,515.00 $ 2,060.00 $ 1,452.00 $ 2,500.00 $ 6,815.002170 Postage $ 200.00 $ 100.00 $ $ 1,200.00 $ 1,700.002160 Offiee Supply $ 3,000.00 $ 200.00 $ 400.00 $ 1,500.00 $ 500.002950 Books $ 500.00 $ 300.00 $ 500.00 $ SOO.OO $ 200.002930 Photo $ 300.00 $ 500.00 $ $ 200.00 $ 500.002180 Printing $ 100.00 $ 3,000.00 $ $ 2,000.00 $ 500.002640 Maint Office Eqpt. $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 100.002011 Classified Ads $ 5,000.00 $ 5,000.00 $ $ $ 400.005590 Professional Services $ $ $ $ 2,000.00 $2980 Mileage $ 500.00 $ 400.00 $ $ 3,500.00 $ 500.007030· Rental Pager $ $ $ $2080 DuesIRegistraton $ $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.007211 Telephone $ 200.00 $ 400.007213 Cellular Phone $ 500.00 $ 500.00 $ 500.00 $7212 LD Telephone $ 100.00 $ 100.00 $ $ 100.00 $ 400.002460 Conference $ $ 1,000.00 $ 500.00 $ 1,500.00 $ 500.008610 Special Equipment $ $ $ $ 1,000.00 $841 oOffice Equipment $ 500.00 $ $ $ 200.00 $ 500.008640 Computer EquipIPrinter $ $ $ $ 2,500.00 $ 2,000.00701 oBldg. Usage Fees $ $ $ $ $ 14,059.00

Total FY2003 Budget $ 175,300.00 $ 107,010.00 $68,555.00 $130,210.00 $ 346,799.00

Total FY2002 Budget $ 187,000.00 $ 95,000.00 $ 38,000.00 $125,000.00 $ 351,490.00

86

i, ,

July 8, 2003

TO:

FROM:

SUBJECT:

The Honorable Commissioners Court

Willa Roberts, Purchasing Supervisor

Bid Number: 2002-137-1177 "Annual Contract for Janitorial Services for HHS"

BACKGROUNDIISSUE

On August 13,2003, the Dallas County Commissioners Court, awarded Bid Number 2002-137-1177"Annual Contract for Janitorial Services HHS," to James Enterprise, for the amount of$200,000.00.Effective dates September 1,2002 through August 31,2003.

The original bid required a performance bond, this requirement was rescinded by Court Order No. 20030131, waiving the Performance Bond requirement on all Janitorial Contracts. As a result, James Enterprisehas agreed to extend Bid No. 2002-137-1177, for an additional twelve (12) months and to reimburse theCounty $1,200.00 the cost ofthe Performance Bond at monthly rate of$100.00 for twelve months. Effectivedates September 1, 2003 through August 31, 2004. All other terms and conditions and pricing remains ineffect through the life of the contract. .

FINANCIAL IMPACT:The original contract of $200,000.00 will be decreased by $1,200.00, leaving a balance of $198,800.00.

RECOMMENDATION:The Purchasing Department in conjunction with Facilities Management recommend that Bid No. 2002-1371177 "Annual Contract for Janitorial Services HHS," be extended for an additional twelve (12) month periodand the contract be reduced by $1,200.00 for the costofa performance bond, to be paid at the rate of$100.00per month.

Should the Commissioners Court concur with the recommendation, Bid No.2002-137-1177 "AnnualContract for Janitorial Services HHS", will be extended for an additional twelve (12) month period effectiveSeptember 1, 2003 through August 31, 2004, at the reduced amount of $198,800.00, a court order will bescheduled for the next formal agenda.

Approved by:

87

DALLAS COUNTYPURCHASING DEPARTMJLNT

July 2,2003

lame$ Enterprise605 Cedar StreetCedar Hill, TX 75 104

.t~ ;"::~nee: Cr::.~tract Number: 2002·1 ;;7.:1177 "Annual Contract for JilJii[otiarSet "ices for HE'S"

near lY.ir. & Mrs. James:

The afon:mentioncd contract bctweerl Dallas County and lames Enterprise, is due to expire August 31, 2003. DallasCount)' Purchasing D.rtmenr is re.~uesting that your company extend Bid No. 2002-137.1177, for an additionaltwelve (12) months, to include tmn:i, conditiona and pricing as sct forth in the original bid award. Effective datesS$ptember 1, 2003 throup AUClUt 31, 1004 •

Jfyou are interested in (are not) the e~.'iCnsion ofthe current contract No.2002-137-]177 for an additional twelve (12)months, pleaso complete the fonn b.low and rctumvia fax. Your Worker Compensation and General LiabilityInsurancepoJicy will·Med to be ext~lded as well At you bow Dallas County no IODlfr tequireJ a performancebond on JanltorlalColitraets, a. thi.prlce ,wa.lnc:orporated as part of the original bid we are a.klng that youd.du!:t from the bidprke the co.t of tho provldln,performanc. buDd forth's year. Uyou des'l'Cl to extend thiscontract we will need your Insurance ext.nded •• weJl.

Should you have any question please :ontact me at 214-653-7689.

CircJebelO~r NO.

Please re.pond A. Soon As Pouible ·..la.FAX @ 214-653-7449 or 114-653-7878® ag....... provide IU maleriaJ' to Doll.. County atlh. prie.. of the ori~1 bid .word No.2002·131·1 I71 foran additional twelve (12) 1t1Ot.ths effective dates September 1, 2003 through August 31, 2004.

In (I"...,.".rl L t,.f,.Amount ofPerformance Bond Cc)St deducted: SL /to t:J. (;?() ,

liQ, I do not agree to provide pri . g at the original bid prices.

Signedby:...QqMDlfJ I <f1" a

Company Name:--."J..iq~~~_.-E;t2f d-t:?~+-r~ ...O.....R=::-- _

AddreSS:._..;;;6;..,;C?~s_---""QI:Ii4d&-.....-=-£-fl__S~c.",- _

City: Cd f!{:. Id (1 h_ ST__.!1:4--Zip:_'l 'St 0 YRespectively Submitted,

ClrdWc,{J~Willa RobertsDallas County, Purchasing SUJ>ervisor

..

88DALLAS COUNTYPURCHASING DEPARTMENT

"~I'

July 15,2003

TO:

FROM:

SUBJECT:

The Honorable Commissioners Court

Scott McDowell, Senior Buyer

RFP for Annual Contract for Laboratory Analysis and Drug Testing Services of Urineand Blood Specimens

BACKGROUNDIISSUE

A request for proposal has been written seeking solicitations from firms for an annual contract forlaboratory analysis and drug testing services of urine and blood specimens. The CSCD, Juvenile andHealth and Human Services Departments utilize this contract. The term of the contract will be based ona one year period with two (2) one year options to extend based upon mutual agreement and DallasCounty Commissioners Court approval. The rating criteria and points assigned are as follows:

CRITERIAA. Cost of servicesB. Program designC. Response timeD. ExperienceE. MlWBE

POINTS0-400-200-100-150-15

The proposals will be evaluated and scored by representatives from CSCD, Juvenile and Health andHuman Services Departments. The MlWBE section will be scored by the MlWBE Coordinator. Afterwhich, the evaluation committee will submit a recommendation for award to the Commissioners Court.

RECOMMENDATION

It is the recommendation of the Purchasing Department that the Commissioners Court approve theattached RFP for an Annual Contract for Laboratory Analysis and Drug Testing Services of Urine andBlood Specimens for the CSCD, Juvenile and Health and Human Services Departments and authorize thePurchasing Department to advertise solicitations in accordance with local procurement laws.

Should the Court concur with this recommendation, the RFP will be solicited based on this briefing.

RECOMMENDED FOR APPROVAL

irector/sm

509 Main Street, Suite 62361h Floor Records Building

Dallas, Texas 75202-4616 Office (214) 653-7431

89

RFP Number: 2003·128·1379

Request for ProposalsFor

Annual Contract for Laboratory Analysis andDrug Testing Services of

Urine and Blood Specimens

PRE-PROPOSAL CONFERENCE: JULY 31, 2003Location and Time

Dallas County Purchasing Department509 Main Street, 6th Floor, Room 623 Records Building

Dallas, Texas 7520210:00 AM

PROPOSAL DUE DATE: August 11, 2003Submittal Location and Time

Dallas County Purchasing Department509 Main Street, 6th Floor, Room 623 Records Building

Dallas, Texas 75202DUE AT 2:00 PM

Organization Name _

Date Submitted _

90RFP NO. 2003·128·1379

Read this entire document carefully. Follow all instructions. You are responsible for fulfillingall requirements and specifications.

1.0 Introduction

It is the intent of Dallas County to enter into a non-exclusive annual contract for LaboratoryAnalysis and Drug Testing Services of Urine and Blood Specimens. Dallas County herebyrequest proposals from qualified agencies, firms, organizations, and/or individuals to providelaboratory analysis and drug testing services of urine and blood specimens for the Dallas CountyJuvenile Department (DCJD), Dallas County Health and Human Services Department (DCHHS)and Dallas County Community Supervision and Corrections Department (CSCD). CSCD is apolitical entity of the Judicial District of Dallas County. Other departments or programs supportedby Dallas County may also utilize this contract for service.

2.0 Contract Period

Selected offeror(s) will be awarded a twelve (12) month contract effective September 1, 2003through August 31,2004, Dallas County and CSCD may, at their option and mutual consent ofall parties (Contractor) involved, may choose to extend this contract for two (2) additional twelve(12) month periods based on existing terms, conditions and prices set forth in the original RFP.All prices must remain firm during the duration of contract and any extensions. Servicesprovided will be paid for from the appropriate fiscal year funds provided by Dallas CountyCommissioners Courts and the Texas Department of Criminal Justice-Community JusticeAssistance Division (TDCJ-CJAD). Contracts are subject to availability of funds from DallasCounty Commissioners Court and TDCJ-CJAD funds. All representations made by anydepartments are subject to the fiscal year funding and/or appropriations and do not represent anobligation on the part of the Dallas County, State of Texas, the Texas Board of Cr'iminal 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 inSection 4.2. Offerors shall respond to the written RFP and any exhibits, attachments, oramendments. An Offeror's failure to submit a proposal as required before the deadline shallcause their proposal to be disqualified and returned to the bidder upon request. Dallas Countywill not be held responsible for unmarked proposals, improperly marked proposals or proposaldelivered to the wrong location. Offeror's mailing proposals should allow sufficient mail deliveryperiod 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 othertelecommunication 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 of this proposal and the selected Offeror's response, cost and anynegotiated changes are to be incorporated, in entirely, into the Contract.

4.2 Schedule of Events

Pre-Proposal Conference

2

July 31,2003,10:00 AM

9 1RFP NO. 2003·128·1379

Deadline for Submission:Proposed review of proposals:Proposed Contractor Presentations (if required):Proposed award of proposal:Contract Start Date

All of the above dates are subject to changes

4.3 RFP Coordinator:

The main point of contact for this RFP shall be:

scon MCDOWELLDALLAS COUNTY PURCHASING DEPARTMENT509 MAIN STREET, 6TH FLOORROOM 623 , RECORDS BUILDINGDALLLAS, TEXAS 75202214653-7160/214653-7878 [email protected]

2:00 PM, August 11, 2003August 2003August 2003August 2003September 1, 2003

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 of this RFP, all offeror communfcations concerning this procurementmust be directed to the RFP Coordinator.

4.4.2 All communication should be in writing to the RFP Coordinator. Any oralcommunications shall be considered unofficial and non-binding. Writtencomments, including questions and requests for clarification, must reference theRFP number.

4.4.3 The County shall respond in writing to written communications. Such responseshall constitute an amendment (addendum) to the RFP. Only written responsesto written communication shall be considered official and binding upon the County.The County reserves the right, at its sole discretion, to determine appropriate andadequate responses to the written comments, questions, and requests forclarification.

4.4.4 Official responses to written communication will be provided to all documentedvendors holding copies of the RFP and pre-proposal attendees by mail, fax and/ore-mail.

4.5 Proposal Submittal

4.5.1 Offerors are to provide one (1) original (labeled) and six (6) single sided copiesof their proposal. All proposals must be bound and fumished in a sealed packageand be clearly marked with RFP solicitation number and title.

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

4.5.2 All proposals must be submitted to the:

3,

92RFP NO. 2003·128·1379

DALLAS COUNTY PURCHASING DEPARTMENT509 MAIN STREET, 6TH FLOORROOM 623, RECORDS BUILDINGDALLLAS, TEXAS 75202

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

4.6 Proposal Preparation Costs

Dallas County shall not be responsible or liable for any costs associated with thepreparation, submittal, presentation, or other costs incurred by participating in thisprocurement process.

4.7 Proposal Withdrawal

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

4.8 Proposal Amendment

The County shall not accept any amendments, revisions, or alterations to proposals afterthe 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 isbelieved to be SUbstantially correct. However, the responsibility for determining the fullextent of the exposure and the verification of all information presented herein shall restsolely with the offeror.

The offeror shall not be allowed to take advantage of any errors or omissions in thespecifications. Where errors or omissions appear in the specifications the offeror shallpromptly notify Dallas County Purchasing Department in writing of the error or omissionit discovers and request modifications or clarification of the document. Any significanterrors, omissions, or inconsistencies in the specifications are to be reported no later thanfive (5) days before time for bid proposal submission deadline.

4.1 0 P~.oposal Acceptance Period

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

4. 11 Right to Rejection

4

93RFP NO. 2003·128·1379

4.11.1 Dallas County and CSCD reserves the right, at its sole discretion, to reject anyand all proposals or to cancel this RFP in entirely if determined to be in the bestinterest of Dallas County and CSCD.

4.11.2 Any proposal received which does not meet the requirements of this RFP may beconsidered to be non-responsive, and the proposal may be rejected. Offerors mustcomply with all of the terms of this RFP and all applicable Federal, State and Locallaws and regulations. The Dallas County and CSCD may reject any proposal thatdoes not comply with all of the terms, conditions, and performance requirementsof this RFP.

4.11.3 Dallas County and CSCD reserves the right, at its sole discretion, to waive anytechnicality in proposals provided such action is in the best interest of DallasCounty and CSCD. Where Dallas County and CSCD waives minor technicalitiesin proposal, such waiver does not modify theRFP requirements or excuse theofferor from full compliance with the RFP. Notwithstanding any minortechnicalities, Dallas County and CSCD may hold any Offeror to strict compliancewith the RFP.

4.12 Disclosure of Proposal Contents

All proposals and other materials submitted in the response to this RFP procurementprocess become the property of the Dallas County and CSCD. Selection or rejection ofa proposal does not affect this right. All proposal information, including detail price andcost information, shall b~ held in confidence during the evaluation proce~s. Upon thecompletion of the evaluation process and award, the proposals and associated materialsshall 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 ofthe proposal and associated documents shall become open to public inspection.

4.13 On-Site Inspection

After opening of proposals and prior to award, the Dallas County and CSCD reserves theright to make a pre-award site visit of any or all Offeror's facilities to be used in theperformance of work under this solicitation. Offeror agrees to allow all reasonablerequests for inspection of such facilities with two (2) days advance notice. Failure to allowsuch an inspection shall be cause for reject of proposals as non-responsive. DallasCounty and CSCD reserve the right to reject facilities as unacceptable for performanceunder 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 toprovide the service described by this RFP, shall t e included in the proposal. It is intendedthat this RFP describe the requirements and response format in sufficient detail to securecomparable proposals.

4.15 Prc;:>osal of Additional Services

If a'1 Offeror indicates an offer of services in additiol1 to those required by and describedin this RFP, specifically any client pay programs,these additional services may bead(!ed to the original contract at the sole discretion of Dallas County and CSCD.

5

94RFP NO. 2003·128·1379

4.16 Indemnification

Offeror agrees that it will protect, defend, indemnify,.and save whole and harmless DallasCounty and CSCD and all of its officers, agents, and employees from and against allclaims, demands, causes or action, damages, judgments, loss and expenses, includingattorney's fees, of whatsoever nature, character, or description that any person or entityhas or may have arising from or on account of any injuries or damages (including but notrestricted to death) received or sustained by any person, persons, or property, on accountof, arising out of, or in connection with the performance of the work, including property,on account of, arising out of, or in connection with the performance of the work, includingwithout limiting the generality of the foregoing, any negligent act or omission of theContractor or any agent, servant, employee or sub-contractor of the Contractor in theexecution or performance of this agent, servant, employee or sub-contractor of theContractor in the execution or performance of this Contract. Offeror further agrees toprotect, indemnify and hold Dallas County and CSCD harmless against and from any andall claims and against and from any and all loss, cost, damage, judgements or expense,including attorney's fees arising out the breach of any of the requirements and provisionsof 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 andprovisions hereof.

4.17 Liability and Other Insurance Coverage

4.17.1 Offeror shall maintain liability insurance coverage and other necessary insurancecoverage to address the indemnification requirements and to protect itself, DallasCounty and CSCD against all claims and/or actions including those by Offeror'semployees, agents or subcontractors, those by employees or agents Offeror'ssubcontractors, and those by others. Dallas County and CSCD requires that thefollowing coverage be met and in effect for the life of the awarded contract, priorto any delivery of services, products and/or performance of work. The successfulvendor{s) will submit verification of the coverage to the Purchasing Department,showing Dallas County as the certificate holder. Dallas County will not authorizepayments for services rendered without having the applicable certificates on file.

• Worker's Compensation Liability meeting the acceptable requirements asestablished by the Texas Workers Compensation Act

• General Liability written on a comprehensive form (minimum amount liability$1,000,000 per occurrence) for bodily injury, premises/operations, products &completed operations, independent contractors, contractual, broad formproperty damage and personal injury.

• Errors and Omission Policy (minimum amount $500,000)• Automotive Liability (minimum amount $1,000,000 per occurrence) for owned,

non-owned or hired automobiles for bodily injury, property damage andpersonal injury.

• Contractor shall provide a waiver of subrogation in Dallas County's favor.

4.17.2 Failure to comply with lawful requirements or adequate liability requirements mayresult in delay of payments and/or cancellation of contract award.

4.17.3 All certificates of insurance shall be identified with the Bid/RFP number

4.17.4 Offeror's compliance with the above insurance requirements shall not relieveOfferor from any liability.

6

95RFP NO. 2003·128·1379

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 onaccount of race, color, sex, religious creed, age, national origin or handicap.Furthermore, Offerors agrees not to discriminate against any client or DallasCounty or CSCD referred clients on account of race, color, religious creed,ancestry, age, national origin, or mental and physical disability. With respect tonondiscrimination and equal opportunity, all notices, advertisements andsolicitation placed by Offeror will be in accordance with federal law, rules orregulations.

4.18.2 Offeror shall include the provisions of the foregoing paragraph regarding nondiscrimination and equal opportunity in each of its agreements with subcontractorsso that such provisions will be binding upon each subcontractor.

4.19 AIDS and HIV Standards

Offeror agrees that it shall adopt and implement workplace guidelines concerning personwith AIDS and HIV infection and shall also develop and implement guidelines regardingconfidentiality of AIDS and HIV related medical information for employees of theContractor and for clients, inmates, patients and residents served by Contractor inaccordance with the provisions found in V.T.C.A., Health and Safety Code, Sections85.113 and 85.115, and other Counseling and Education requirements stated in theproposal.

4.20 Collusion

Offeror may be required to provide an affidavit that he has not conspired with otherpotential suppliers in any manner to attempt to control competitive pricing. This paragraphdoes not however, preclude two or more supplier of certain parts of the requirements frompresenting 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 ofservice. The bill must be received by the 10th working day of the month forprocessing. Please refer to the Technical Requirements for details oninvoicing/billing requirements.

4.21.2 The Dallas County, CSCD, and other using agency/department reserves the rightto withhold payment to Offeror or to require Offeror to return payments receivedfrom Dallas County and other using agency/department in the event Offeror'sperformance does not comply with the provisions of the subsequent Agreementor does not comply with applicable Dallas County, CSCD, TDCJ-CJAD standards,regulations or policies. Offeror agrees to return any unearned amounts paid theCounty, CSCD, and other using agency/department within thirty (30) daysfollowing the final date of the contact period or date of notification delivery toOfferor of a notice to Offeror that amounts paid are to be returned.

4.22 Notice for Non-Compliance/Performance

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96RFP NO. 2003·128·1379

Dallas County shall furnish the awarded Contractor in writing any notice regarding theContractor's failure to comply with requirements of this agreement. Contractor shall thenremedy such non-compliance/performance within ten (10) working days following receiptof Dc-lias County written notice and awarded Contractor shall provide both the DallasCounty Purchasing Department and agency/department with accompanying writtendocumentation of actions taken to remedy such non-compliance/performance.Continuous non-compliance/performance of the contract terms conditions, andspecifications shall be a basis for termination of the contract by Dallas County and theusing agency/department. The County shall not pay for work, equipment, services orsupplies that are unsatisfactory.

4.23 Monetary Restitution

In the event the contract is prematurely terminated due to non-performance and/orwithdrawal 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 covercosts for interim services and/or to cover the difference of a higher cost (differencebetween termination vendor's rate and new company's rate) beginning the date ofvendor's termination through the contract expiration date. In the event civil suit is filed toenforce this provision, Dallas County will seek its attorney's fees and cost of suit from theContractor.

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 anyemployee 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 ofemployment in connection with any decision, approval, disapproval,recommendation, preparation or any part of a program requirement or a purchaserequest, influencing the content of any specification or procurement standard,rendering of advice, investigation, auditing, or in any other advisory capacity in anyproceeding or application, request for ruling, determination, claim or controversy,or other particular matter, pertaining to any program requirement, or to anysolicitation or proposal therefore.

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

4.24.3 Conflict of Interest: No official or employee shall have any financial interest, director indirect, in any contract with the County or be financially interested, directly orindirectly, 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 thissection, with knowledge, express or implied, of the person or corporationcontracting with the County shall render the contract involved voidable by theCommissioners Court of Dallas County. It is the responsibility of the contractorduring all phases of the contract process to notify the County in writing of anypotential conflict of interest.

4.25 Access to Records and Information

Offeror agrees to furnish to Dallas County, CSCD and/or the Community Justice Assistance

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97RFP NO. 2003·128·1379

Division (CJAD) and/or the T~x23 Department of Criminal Justice (TDCJ) such informationas may be requested which relates to the services Contractor provides. Contractor shallpermit Dallas County and/or CSCD and/or TDCJ and/or CJAD to audit/inspect records andreports, review services, and/or evaluate the performance of these services at any time.Offeror shall provide reasonab~e access to all the records, books, reports, and othernecessary 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 notices to the oth€r party. Such notice of termination will be by registered orcertified mail, return receipt requested, and will be deem given upon receipt of such noticeby the other party.

4.27 Any Agreement Subject to Availability of Funds

Any proposed agreement will be subject to the availability of County and State funds asappropriate by the Dallas County Commissioners Court, State Legislature and as madeavailable by the Community Justice Assistance Division of the Texas Department ofCriminal Justice. If such funds become reduced or unavailable, this agreement shall besubject to immediate modification, reduction or termination.

4.28 Severability

If any provision is found to be invalid, the remaining provisions shall nevertf:leless remainin effect. Each paragraph and provision of any Agreement between the Dallas County orusing 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 allobligations of the parties created hereunder are performable in Dallas County, Texas. Inany legal action arising from this Agreement, the laws of Texas shall apply and exclusivevenue shall lie in Dallas County, Texas.

5.0 Proposal Format and Content

5.1 General Proposal Requirements

5.1.1 The County discourages lengthy and costly proposals. Proposals should beprepared simply and economically and provide a straightforward, concisedescription of the Offeror's capabilities to satisfy the requirements of this 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 forthherein providing all information requested. Offerors may retype or duplicate anyportion of this RFP for use in responding to the RFP, provided that the proposalclearly addresses all the of Dallas County information requirements.

5.1.3 Proposals must not contain extraneous information. All information presented ina Proposal must be relevant in response to a requirement of this RFP and must

9

98RFP NO. 2003·128·1379

be clearly labeled. Any information not meeting this criteria shall be deemedextraneous and shall in no way contribute to the evaluation process.

5.1.4 Proposals shall be prepared on standard 8-1/2" x 11" paper. Foldouts containingcharts, spread sheets, and oversize exhibits are permissible. All proposal pagesmust 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 thefollowing information: All proposals must be signed in ink by a person dulyauthorized to legally bind the business entity submitting the proposal.

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

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

• 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 forthe facility/organization.

Names and addresses of Offerors principal officers, directors, or partners.

5.2.3 Brief summaries (1 to 3 page each) of the 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 willoperate/manage the services provided by Offerors.

10

99______________________--=-R.:;..F..:.-P NO. 2003·128·1379

• Complete reference information for all p'Jblic and private institutions oragencies to which the offeror provides or has provided similar services overthe past eighteen (18) months.

• Response to MlWbe 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 will receive proposals from all responsible applicants. The objective is to enter into a contractwith the best applicant at the best price. Each category shall be weighted as follows, and onehundred (100) points are the maximum total number of points that can be awarded to a proposal.

6.1 Proposal Evaluation Categories and Weights

Cost of Services Described 0-40 Points

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

female) and male clients, control sheets, tamper-proof tape, chain-of-custody bags,etc.)

• Specimen Transport or Courier Services

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 and/or blood screens

including drug detection threshold, and the method and procedures for confirmingpositive test results

• Detail description of specimen collection procedures and guidelines for both urine andblood 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

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100RFP NO. 2003·128·1379

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

• Proposed number of working days to repair and replacement of Contractor's furnishedequipment at site location

Experience 0-15 Points

• Experience with other public entities and Community Supervision and CorrectionsDepartments

• Offeror Qualifications (including staff)• Years of experience• Accreditation (laboratory and facility)• Vendor Performance History• Licenses• References

Minority/Women Business Participation 0-15 Points

Certified MIWBE FirmSub-contracting to aCertified MIWBE FirmMinority makeup of firm

TOTAL POINTS

6.2 Proposal Evaluation Process

(6 Points)(6 Points)

(3 Points)

100 Points

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

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

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

6.2.4 Dallas County reserves the right, at its sole discretion, to request clarifications orconduct discussions for the purpose of clarification with any or all Offerors. Thepurpose of any such discussions shall be to ensure full understanding of theproposal. If clarifications are made as result of such discussion, the Offeror shallput such clarifications in writing. All communication (written or oral) with theEvaluation Committee will be coordinated bytheRFP Coordinator. Offerors areprohibited from contact the Evaluation Committee members directly.

6.3 Contract Award Process

6.3.1 The RFP Coordinator shall forward results from the proposal evaluation processand award recommendation to the Dallas County Commissioners Court for theirapproval.

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1 0 1RFP NO. 2003·128·1379

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

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

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

CSCD only: Notwithstanding, Dallas County CSCD reserves the right to addterms and conditions, deemed to in the best interest of Dallas County CSCD,during the final contract negotiations. Any such terms and conditions shall bewithin the scope of the RFP and shall not affect the basis of proposal evaluations.

A sample of a CSCD contract is attached for your review.

6.3.5 Contract award shall be subject to the contract approval of all appropriate officialsin 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 urineand blood specimens to determine the presence or absence of drugs, metabolites and/oralcohol.

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 initialscreening and/or subsequent confirmation methodologies in legal proceedingsand provide at least five (5) toxicologists, available to testify in legalproceeding as required. To this end, the Offeror, at no additional cost, willprovide expert court testimony regarding its performance under thisagreement.

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

• Offeror, shall indicate in their proposal response the lead-time required toprepare for court appearance and describe in detail the response method ofaccess is not in Dallas County.

There are currently 15 Felony Courts, 13 Misdemeanor Courts and 6 JuvenileCourts which conceivably could need a toxicologist to testify on the sameday and/or at the same time.

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102RFP NO. 2003·128·1379

7.2.2 Analysis and Testing of Urine and/E:lood Specimens

• Should test of blood specimens be required, Offeror shall identify any specialprocedures or requirements neeced in order to accomplish this task. How thesamples are collected, the amount of blood required for accurate test, etc.

7.2.3 Invoicing and Reporting

• Offeror shall deliver monthly invoices to the addresses stated belowimmediately following each month of service under this agreement. Contractorshall include with its invoices a list which identifies each urine and/or bloodsample tested, the defendant and/or client name by case number (ML#), fromwhom the sample was taken, the drug services or tests performed on eachurine and/or blood sample, the test or service location, date of service, and thecost of each test or service requested (All invoices must be itemized inaccordance with specification requirements). Invoices will also be groupedwith sub-totals corresponding to appropriate CSCD sub-account and/or userdepartment account.

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

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

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

• Offeror, at no additional cost, shall fumish a detail-consolidated report thatitemizes services performed each month (an annual report shall be fumishno later than September 30th of each year). The report must include thefollowing data information:

a) Description of the services performed

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

7.2.4 Storage and Retention

• Offeror, at no additional cost, will preserve and store for a period not less thanone (1) year, each urine sample which test positive for drugs, and/ormetabolites. Offeror will retain all chain of custody records, all analyticalrecords and all other documentation for a period of not less than five (5) yearsfollowing receipt of each urine sample. In specific cases Dallas County mayrequest retention for a longer time periods. Offeror must specify in its proposal

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103RFP NO. 2003·128·1379

the time period for which positive samples and other records indicated will bepreserved and stored.

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

7.2.5 Supplies

• Offeror, at no additional cost shall provide labels, containers/bottles for bothfemale (wide mouth urine receptacle for female) and male clients, custodycontrol sheets/forms with numbered control labels, tamper-proof tape, lockedchain-of-custody bags, etc

7.2.6 Specimen Transport and/or Courier Services

• Offeror, at no additional cost shall provide transport/courier service for thepick-up and delivery all specimens from each collection site locations to offerorlaboratory for analysis and testing.

7.2.7 Notification by fax within 24 hours of specimen pick-up of test results

7.2.8 Original written laboratory report within 48 hours of each specimen pick-up of findand analysis/test

7.2.9 Offeror shall fumish with their proposal the written procedures and guidelines (indetail) for specimen collection for both urine and blood specimens

7.2.10 Offeror shall fumish with their proposal the written procedures and guidelines (indetail) the chain of custody and how those procedures are verified by your firm toguarantee that they were followed correctly by your firm and Dallas County staff.

7.2.11 Offeror shall fumish with their proposal the written procedures and guidelines of(in detail) how drug screenings are conducted for initial screening and confirmationtesting.

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

7.2.13 Offeror shall describe in their proposal the procedures utilized to detect dilute andadulterated specimens and the minimum creatinine detection levels thatautomatically 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 DallasCounty staff (if requested) at no additional cost. The training shall deal with howto interpret the generated documents, current trends in drug usage, andinstruction on how to detect certain drug usage.

7.2.15 Fax and/or printer at each site location

Offeror, at no additional cost, shall fumish and install one fax machine or printer ateach test-collecting site to facilitate reporting test results within twenty-four (24)hours of specimen picks up. Offeror will also be responsible for the cost all supplies

15

106RfP L:O. 2003-128-1379_____________________--'c..:.c.

by a second method, preferably Gas Chromatography/Mass Spectrometry. Re-runningthe test by the same method or Thin Layer Chromatogrc)hy are not acceptable methods.

7.6 Cut-Off Limits Initial Testing

The initial test cut-off limits by Enzyme Immunoassay or the appropriate recognizedmethodologies are as follows:

AmphetamineBarbiturateBenzodiazepineCocaineOpiatePCPTHC

1000 NG/ML200 NG/ML200 NG/ML300 NG/ML300 NG/ML25 NG/ML100 NG/ML

7.7 Cut-Off Limits for Re-testing by Gas Chromatography/Mass Spectrometry are as follows:

AmphetamineBarbiturateBenzodiazepineMarijuana/MetaboliteCocaine/MetaboliteOpiatePhencyclidineUrine Alcohol

7.8 Cut-Off Limits Initial Testing

500 NG/ML300 NG/ML300 NG/ML15 NG/ML150 NG/ML300 NG/ML25 NG/ML0.01g%.

The initial test cut-off limits by Enzymatic or the appropriate recognized methodology isas follows:

Urine AlcoholUrine Ethanol

7.9 Accreditation and Licensing

0.01g%.0.02g%.

• Offeror shall have at minimum a doctorate degree in Chemistry, or related field froman accredited College or University. This information should be submitted with yourresponse to the RFP

• Offeror shall have and maintain a current license, certification and/or accreditation asrequired by the Federal Laws and the laws of the State of Texas for clinical laboratoryoperations. This shall include but not be limited to qualifications, licensing, andcertifications as required by regulatory agencies of the United State Govemment andof the State of Texas.

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

7.10 Estimated Volume

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107RFP NO. 2003·128·1379

The CSCD collected and tested, on average, over 2800 clients per month in FY2002. Themonthly average number of confirmations ran around 490 tests. The using agency hasexperienced a monthly average of 8,700 of drug screen panels.

Re-testing confirmation by Gas Chromatography/Mass Spectrometry average 5,100monthly.

7.11 Testing Services and Drug Screening Panels

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

7.11.2 Type B Panel: Type B Panel include drug screening and identification of eachsample for: Amphetamine, Barbiturate, Benzodiazepine, Cocaine, Opiate, PCP,THC and Alcohol

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

7.12.1 D,L - Methamphetamine7.12.2 6-Monoacetylmorphine7.12.3 LSD7.12.4 Toluene7.12.5 Methanol7.12.6 Blood Alcohol7.12.7 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 andcost 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 statedin the technical requirements. Please using the following format for the RFP responses.

Type A Drug Screening and Identification Panelto include the following drugs: Amphetamine,Barbiturate, Benzodiazepine, Cocaine, Opiate, PCP, and THCwith initial testing by Enzyme Immunoassay or theappropriate recognized methodology (Pricing must be all inclusiveincorporating the cost for each drug listed in Type A Panel)

$_--=/cost per panel

Estimated Monthly Usage: 6,000 Type A Drug Screening and Identification Panel

Type B Drug Screening and Identification Panelto include the following drugs: Amphetamine,Barbiturte, Benzodiazepine, Cocaine, Opiate, PCP, THC and UrineAlcohol with initial testing by Enzyme Immunoassay or theappropriate recognized methodology (Pricing must be all inclusiveincorporating the cost for each drug listed in Type B Panel)

19

$__-:/oost per panel

104RFP NO. 2003·128·1379

(paper, toner, etc.. ) and maintenance cost associated with the operation of suchequipment.

7.2.16 Offeror shall be responsible for payment of all expenses associated withperformance 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 inspectionfees, 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 Mondaythrough 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 emergencyconditions at once.

7.4.1 The selected offeror shall pick up urine and/or blood specimens daily from thefollowing location(s) in Dallas County. These locations may include, but are notnecessarily limited to, the following:

Specialized Supervision Unit (SSU) at 899 Stemmons Freeway, Dallas, Tx 75207or any other Dallas County department(s) utilizing this contract.

7.4.2 The selected offeror shall pick up urine and/or blood specimens twice weekly fromthe following location(s) in Dallas County. These location(s) may include, but arenot necessarily limited to, the following:

CSCD Central Office414 S. R.L. Thornton Frwy.Dallas, Texas 75203

CSCD East Office3650 N. Buckner, Ste. 110Dallas, Texas 75228

CSCD South Office4909 S. Cockrell HillDallas, Texas 75236

CSCD Decker Office899 Stemmons Frwy.Dallas, Texas 75207

CSCD Administrative Office133 N. Industrial Blvd., 9th FloorDallas, Texas 75207

16

CSCD North Office2627 ZelrichDallas, Texas 75229

CSCD West Office2121 French SettlementDallas, Texas 75212

CSCD Garland Office1137 S. Jupiter, Suite 1133Garland, Texas 75042

CSCD Substance Abuse Office200 Green RoadWilmer, Texas 75172

CSCD Restitution Center811 S. AkardDallas, Texas 75202

105RFP NO. 2003-128-1379

DCJD - District 1 North DallasOffice10056 Marsh Ln.Dallas, Texas 75229

DCJD - District 3 GarlandOffice1111 Beltline Rd., Ste. 200Garland, Texas 75040

DCJD - District 5 PleasantGrove Office10121 E. Lake June Rd., Ste. 108Dallas, Texas 75217

DCJD - District 6 SoutheastOffice1545 S. EwingDallas, Texas 75216

DCJD - District 8Office7220 S. Westmoreland, Ste. 225Dallas, Texas 75232

DCJD - Youth Village1508 E. Langdon Rd.Dallas, Texas 75241

Dallas County Juvenile Department2600 Lone Star DriveDallas, Texas 75212

DCJD - District 9One Irving Plaza #105Irving, Texas 75062

Dallas County Health andHumanServices DepartmentEmployee Health Center501 Main Street, 1st FloorDallas, Texas 75202

DCJD - District 2 North CentralOffice1330 River Bend Dr. #820Dallas, Texas 75247

DCJD - District 4 East DallasOffice3939 East Hwy. 80, Ste. 101Mesquite, Texas 75150

DCJD - Project SpotlightOffice10325 Lake June, Ste. 186Dallas, Texas 75217

DCJD - District 7 SouthwestOffice1545 S. EwingDallas, Texas 75216

DCJD - Substance Abuse UnitOffice4711 Harry Hines Blvd.Dallas, Texas 75235

DCJD - Letot Center1050 Denton Dr.Dallas, Texas 75220

DCJD - District 107330 Gaston Ave.Dallas, Texas 75214

Dallas County Health andHuman Services Department2377 North Stemmons FrwyDallas, Texas 75207

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

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

7.5 Initial Testing and Re-testing

The initial test should be done by Enzyme Immunoassay or the appropriate recognizedmethodology. Only upon the request of requesting agency/department, Criminal DistrictJudges or other authorize personnel. samples testing positive must be confirmed positive

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108RFP NO. 2003·128·1379

Estimated Monthly Usage: 2600 Type B Drug Screening and Identification Panel

Confirmation of drugs by GC/MS $ .....;/per drugThe GC/MS Confirmation for Amphetamines (including methamphetamine)must indicates/report if the drug(s) are Over- The- Counter Drugs orSchedule II Drugs on a single confirmation. Cost for his testmust clearly indicate if this confirmation cost is different from themore traditional confirmation test.

Estimated Monthly Usage: 5,GC/MS Confirmation

TEST TO BE PERFORMED ON AS NEEDED/REQUIRED BASIS

D,L - Methamphetamine test and screening with initialtesting by Enzyme Immunoassay or the appropriaterecognized methodology

6-Monoacetylmorphine test and screening with initialtesting by Enzyme Immunoassay or the appropriaterecognized methodology

LSD test and screening with initialtesting by Enzyme Immunoassay or the appropriaterecognized methodology

Toluene test and screening with initialtesting by Enzyme Immunoassay or the appropriaterecognized methodology

Methanol test and screening with initialtesting by Enzyme Immunoassay or the appropriaterecognized methodology

Blood Alcohol test and screening with initialtesting by Enzyme Immunoassay or the appropriaterecognized methodology

Blood Specimen Collection at Dallas County location site

Additional Services

$ ./each

$ ./each

$. --!Ieach

$ ~/each

$ ~/each

$ ---'/each

$-----

If the Offeror offers Additional Services in the additional to the ones requested in the RFP, suchas client pay programs, please specify the type of services and the cost associated with thoseservices in your response to the proposal.

20

109

DALLAS COUNTYPUBLIC WORKS

July 8,2003

MEMORANDUM


FROM: Donald R. Holzwarth, P.E.Director ofPublic Works

", -y, IJ')T...... , 1\

C3 J ! II '"' P" 20L-'j ,,:33

SUBJECT: MASTER AGREEMENT GOVERNINGTRANSPORTAnON MAJOR CAPITAL IMPROVEMENTPROJECTS

BACKGROUND

Dallas County has a long standing role in providing transportation system improvementsfor the benefit of its citizens and the public traveling in the County of Dallas. Continuedand forecast population and employment growth in Dallas County places increasingdemands on the County's surface transportation system. In December 1999,Commissioners Court issued a call for projects to the cities to identify candidatethoroughfare improvement projects for potential County funding. In this call for projectsthe cities were asked to commit to cost participation with the County on a 50%-50%basis.

On October 17, 2000. Dallas County Commissioners Court approved participation inTransportation Major Capital Improvement Projects for the Program Years 2004, 2005,and a portion of2006 by Court Order 2000-2117 with a list of proposed accepted projectsattached to the Court Order. In order to implement the proposed projects it is necessaryfor the impacted cities to execute a MASTER AGREEMENT GOVERNINGTRANSPORTAnON MAJOR CAPITAL IMPROVEMENT PROJECTS.

The City of Sunnyvale has executed said MASTER AGREEMENT and it is ready forCounty execution.

FINANCIAL IMPACT

By execution of the attached agreement, the City has agreed to participate on at least afifty/fifty basis with Dallas County. The MASTER AGREEMENT specifies equalshare of Standard Basic Street Design with city funding of amenities above and beyondthe basic design.

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

1 1 0

Commissioners CourtJuly 9,2003Page Two

IMPACT ON SCHEDULE AND OPERATIONS

In order for projects designated as Program Year 2004 and 2005 to begin constructionwithin the years 2004-2005, it is necessary to commence with preliminary design effortsimmediately. Before committing County funding for preliminary design efforts, it isdesirable to have the impacted cities committed to funding projects they have putforward. The MASTER AGREEMENT will initiate this effort by clearly definingCounty and City partnerships and roles. A supplemental agreement will be implementedonce a predesign charrette meeting is held that will identify project specifics such asproposed alignment, scope, project teams and cost estimates.

RECOMMENDAnON

It is recommended that the County Judge be authorized and directed to execute theattached MASTER AGREEMENT with the City of Sunnyvale. IfCommissionersCourt is in agreement, a Court Order will be placed on the next regular agendaauthorizing the execution of said MASTER AGREEMENT.

Approved By:

Donald R. Holzwarth, P.E.Director ofPublic Works

Attachments

Jcn

2

STATE OF TEXAS

COUNTY OF DALLAS

111

§

§

MASTER AGREEMENT GOVERNING

TRANSPORTATIONMAJOR CAPITAL IMPROVEMENT PROJECTS

THIS MASTER AGREEMENT is made by and between the City of Sunnyvale , Texas,hereinafter called "CITY", and the County of Dallas, Texas, hereinafter called "COUNTY", acting byand through its duly authorized officials, which desire to enter into an Interlocal Agreement,hereinafter called MASTER AGREEMENT, for the purpose of Transportation Improvements onroads inside Dallas County that are on the North Central Texas Council of Government's RegionalThoroughfare Plan.

WITNESSETH

WHEREAS, pursuant to Court Order 2000-2117, dated October 17, 2000, CountyCommissioners Court approved participation in Transportation Major Capital Improvement Projectsfor the Program Years 2004, 2005, and a portion of2006 within the cities inside Dallas County; and

\VHEREAS, the approved project lists may be modified, updated or approved by theCommissioners Court on a periodic, as-needed basis; and

WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorizationfor local governments to enter into interlocal agreements; and

NOW THEREFORE, THIS AGREEMENT, is hereby made and entered into by CITY andCOUNTY for the mutual consideration stated herein:

AGREEMENT

Article 1.

all purposes.

DEFINITIONS: The following definitions are incorporated into this agreement for

a) AMENDMENT shall mean a written document executed by all parties detailing changes,additions or deletions in the MASTER AGREEMENT.

b) CITY shall mean the City of Sunnyvale , County ofDallas, State ofTexas.

c) COUNTY shall mean the County of Dallas, State ofTexas.

d) DIRECT PROJECT & PROGRAM COSTS shall mean those costs that can be identifiedspecifically with a particular project or program cost objective. These costs generally include

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compensation of employees for the time devoted and identified specifically to the perfmmance ofthe project or program, cost of materials acquired, consumed or expended specifically for thepurpose of the project or program; equipment changes; damage claims and other approved capitalexpenditures; change orders; damage claims; travel expenses incurred specifically to cany out theproject including, but not limited to, design, right-of-way, road or street drainage, utility relocationand adjustment and construction. Direct Cost does not include either CITY or COUNTY generaloverhead.

e) EFFECTIVE DATE shall mean the date of the signature of the last person necessa..-y for thisMASTER AGREEMENT to become effective.

1) INDIRECT COSTS shall mean those costs which have been incurred for common or jointpurposes. These costs benefit more than one cost objective and cannot be readily identified with aparticular fmal project or program cost objective without effort disproportionate to the resultsachieved.

g) INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between CITYand COUNTY in accordance with Texas Government Code Chapter 791 .

h) LEAD AGENCY shall mean that entity responsible for project management, including, but notlimited to planning, design, right-of-way acquisition, approved utility relocation or adjustment andconstruction.

i) MASTER AGREEMENT shall mean this document including all incorporated documents,attachments, and exhibits.

j) MEMORANDUM OF AGREEMENT (MOA) shall mean a written document whichincorporates the results of the PREDESIGN CHARRETTE. Said MOA shall at a minimumidentify the overall funding scheme, and basic scope of the PROJECT.

k) PARCEL OR PARCELS shall mean those tracts ofland and improvements located either whollyor partially thereon, identified by COUNTY, CITY or other STAKEHOLDER as required forright-of-way requirements of the PROJECT. Such Right-of-way shall include both the existingstreet, road, drainage or other CITY or COUNTY real property ownership and all additional realproperty to be utilized for the PROJECT.

I) PREDESIGN CHARRETTE shall mean a meeting of decision making STAKEHOLDERS andother members of the PROJECT TEAM for the purpose of entering into a MEMORANDUM OFAGREEMENT for the overall funding, alignment and scope of the PROJECT.

m) PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned theprimary duty for assuring Project Team coordination and timely project delivery. There will beonly one PROJECT MANAGER assigned to a PROJECT.

n) PROJECT TEAM shall mean representatives from COUNTY, CITY, and otherSTAKEHOLDERS as may be mutually agreed upon by COUNTY, CITY and STAKEHOLDER orotherwise with responsibility for delivering the completed PROJECT.

0) PROJECT(S) shall mean the road improvements approved by the COUNTY for inclusion in theTransportation Major Capital Improvements Program approved by the Commissioners Court andapproved by the CITY and/or other applicable STAKEHOLDERS.

p) ROAD or STREET AMENITY shall mean PROJECT features not included in the STANDARDBASIC PROJECT DESIGN including but not limited to street pavers, colored concrete, planters,irrigation, decorative lighting, special signage, or any other feature above and beyond the

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STANDARD BASIC PROJECT DESIGN or any increase in capacity in excess of COUNTYdetennined requirements based on anticipated future traffic flow.

q) 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 forthe 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 beutilized for the PROJECT.

(r) STANDARD BASIC PROJECT DESIGN shall mean the standard COUNTY-approved CITYcriteria for paving, bridges, drainage and appurtenances, traffic control items including pavementmarking, warranted unifonn signals, street light foundations, pull boxes, conduit, sidewalks,medians, storage/turn lanes, access, required structural retaining walls and standard drivewaysexcluding ROAD OR STREET AMENITIES, or such design criteria as may be mutually agreedupon in a project specific SUPPLEMENTAL AGREEMENT.

(s) SUPPLEMENTAL AGREEMENT shall mean an agreement subsequent to this document whichis entered into to establish the contractual rights and responsibilities of the CITY and COUNTY asit retates to the PROJECT.

(t) STAKEHOLDER shall mean any governmental or quasi-governmental entity making a financialcontribution to the PROJECT.

(u) TxDOT shall mean the Texas Department ofTransportation.

(v) UTILITIES shall mean each City Utility, public utility, common carrier, governmental or quasigovernmental facility, fiber optic facility, or other facility located within the limits of the Project byvirtue of Texas or Federal Law or agreement between the entity and the CITY, COUNTY, orSTATE OF TEXAS.

(w) CITY UTILITY shall mean those owned or operated by CITY which require relocation oradjustment for the purpose of the construction ofthe PROJECT as identified by PROJECT plans.

(x) UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within the limitsof the PROJECT by virtue of Texas or Federal Law or agreement between the entity and theCITY.

(y) UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all UTILITIES,excluding CITY UTILITIES, whose facilities are located within the limits of the PROJECT byvirtue of satisfactorily documented pre-existing real property ownership.

~ UTILITY BETTERMENT shall mean any increase in the capacity of any UTILITY'S Facilityadjusted or relocated as a part of the PROJECT as compared to the existing Facility, or anyupgrading of the UTILITY'S Facility above the standard practices, devices or materials, specifiedby the UTILITY and customarily used by CITY or UTILITY on projects solely financed byCITY or UTILITY. Provided, however, that any upgrading necessary to successfully accomplishthe PROJECT shall not be considered a Betterment, and further, that any increase in the capacityof the Utility Facility resulting solely from the replacement of devices or materials no longerregularly manufactured, processed or installed shall not be considered a Betterment, provided thatsuch replacement shall be only to the standard devices or materials currently used on otherprojects financed solely by CITY or UTILITY. This meaning shall apply to utilities that are partof the project as well as the standard basic street components (See "STANDARD BASICPROJECT DESIGN").


Article II.

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PERIOD OF THE AGREEMENT

This MASTER AGREEMENT becomes effective when signed by the last party whosesigning makes the respective agreement fully executed (The "Effective Date"). This MASTERAGREEMENT shall be an annual agreement and shall automatically renew without furtheraction by either party unless or until terminated as provided in Article IV (Termination) or theexpiration of ten (l0) years, whichever shall first occur.

Article III. AMENDMENTS

This Master Agreement may be amended with the mutual consent of the CITY and COUNTY.Any amendment must be in writing and approved by the parties' respective governing bodies.

Article IV. TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE

MAJEURE

1. TERMINATION

A. This MASTER AGREEMENT may be terminated by any ofthe following conditions:

(1) By expiration of term of the agreement.

(2) By mutual written consent and agreement of COUNTY and CITY.

(3) By either party, by notice in writing establishing the effective date of termination to theother party as consequence of the party being in default of the provisions of this Agreementor any SUPPLEMENTAL AGREEMENT or failure to timely provide funding, with properallowances being made for circumstances beyond the control of the defaulting party.

(4) By either party with ninety days written notice to the other party.

B. Should either party terminate this MASTER AGREEMENT as herein provided, allexisting, fully executed SUPPLEMENTAL AGREEMENT made under this MASTERAGREEMENT shall not be terminated and shall automatically incorporate all theprovisions of this MASTER AGREEMENT.

C. In the event that any SUPPLEMENTAL AGREEMENT is terminated prior tocompletion of the PROJECT, no additional Costs shall be incurred other than Costs dueand payable at the time of termination for services actually performed or that shall becomedue and payable due to such termination. The LEAD AGENCY, to the extent permitted,may terminate all project contracts, unless written notice is given by either party to theother of its intent to complete the PROJECT, and prepare a final accounting for thePROJECT.

D. If the PROJECT is terminated by the CITY prior to the award of any construction contractand the PROJECT is located within the CITY limits, CITY shall pay to COUNTY the fullamount expended by COUNTY on the project and COUNTY shall transfer to CITY itsrights and all deliverables that it may be entitled to receive under the existing professionalservices or other project contracts or agreements. Such amount shall be included in thefinal accounting for the PROJECT. Such amount shall be due and payable in full ninety

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(90) days subsequent to the termination, or thirty days subsequent to delivery of finalaccounting.

E. Once the construction contract has been let, with the approval of the other party, theSUPPLEMENTAL AGREEMENT for that PROJECT cannot be terminated untilcompletion of the construction.

F. In the event that a PROJECT is terminated either party may, upon written notice, take overthe project and prosecute the work to completion by contract or otherwise at their sole costand expense. In the event that the party completing the work is not the LEAD AGENCY, itis agreed that the PROJECT MANAGER will furnish to the completing party a listing ofcurrent records pertaining to any outstanding obligations or other records or informationrequired by any project contract, including any Work Order, or requested in writing bycompleting party in either printed or electronic format or both. The LEAD AGENCYagrees to cooperate with the completing party. The LEAD AGENCY will use its bestefforts to transfer to the completing party all contracts. Obligations under such contractsshall become the sole obligation of the completing party upon transfer. Completing partyagrees to timely pay all future obligations under such contract as they become due andpayable. Completing party hereby releases the LEAD AGENCY from any and allliability under such assigned contracts subsequent to date of transfer, effective uponthe transfer date. LEAD AGENCY shall exercise its best efforts to insure a transition ofservices without interruption

G. Either party shall have the right to retain copies of all data, information, engineering,studies, or other items produced to the date of termination.

H. Provisions B through G will survive the termination of this MASTER AGREEMENTand any SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until thetransition of services, all payments made and the PROJECTS are complete. All itemslisted or required in this provision shall be furnished by LEAD AGENCY to completingparty without additional cost or expense to completing party.

2. FORCE MAJEURE:

Neither COUNTY nor CITY shall be deemed in violation of this Contract if it is preventedfrom performing any of its obligations hereunder by reason of, for or through strikes, stoppageof labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civilauthority, an act of God, or any cause reasonably beyond the party's control and notattributable to its neglect. In the event of such an occurrence the time for performance of suchobligations or duty shall be suspended until such time that such inability to perform, shall beremoved. The party claiming the suspension shall give notice of such impediment or delay inperformance to the other party within ten (10) days of the knowledge of such occurrence. Eachparty shall make all reasonable efforts to mitigate the effects of any suspension.

Article V. INDEMNIFICATION

COUNTY and CITY agree that both COUNTY and CITY shall each be responsible for theirown negligent acts or omissions or other tortious conduct in the course of performance of thisMASTER AGREEMENT, without waiving any sovereign or governmental immunityavailable to either COUNTY or CITY under Texas law and without waiving any availabledefenses under Texas law. Nothing in this paragraph shall be construed to create or grant anyrights, contractual or otherwise, in or to any third persons or entities.


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Article VI. NOTIFICATION

A. When notice is pennitted or required by this MASTER AGREEMENT, it shall be inwriting and shall be presumed delivered when delivered in person or three (3) dayssubsequent to the date placed, postage prepaid, in the U. S. Mail, Certified or Registered,Return Receipt Requested and addressed to the parties at the following address.

B. All notices and correspondence to County by City shall be mailed or delivered by hand asfollows:

Dallas County Public Works

Donald R. Holzwarth, P.E.• Director

411 Elm Street, Suite 400

Dallas, Texas 75202-3389

C. All notices and correspondence from County to City shall be mailed or delivered by hand ~_s

follows: [Title ofAppropriate City Official]

Mayor Jimnye Phaup

City, Texas

D. Either party hereto may from time to time designate another and different address forreceipt ofnotice by giving written notice of such change of address to the other party.

Article VII. CITY COVENANTS AND AGREES AS FOLLOWS:

A. To execute the necessary agreements for the implementation of design and construction ofthe PROJECTS mutually agreed upon and incorporated herein by SUPPLEMENTALAGREEMENT.

B. Provide City Council Resolution adopting approved preferred alignment, proposedestimated budget, and commitment to meet PROJECT funding for each milestone asspecified herein or in a SUPPLEMENTAL AGREEMENT.

C. CITY agrees to share the funding of each PROJECT with COUNTY on an equal sharebasis (50%/50%), or as otherwise agreed upon cost sharing arrangement as specified in aSUPPLEMENTAL AGREEMENT with the following exclusions:

CITY shall bear the entire cost of:

1. CITY owned utilities relocation or adjustment such as water and sanitary sewerfacilities, except utility adjustments directly attributable to storm sewer improvementconflicts;

2. ROAD or STREET AMENITIES including but not limited to street pavers, coloredconcrete, planters. decorative lighting, special signage, or any other feature over theSTANDARD BASIC PROJECT DESIGN;


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3. UTILITY BETTERMENTS and ROAD or STREET AMENITIES~

4. CITY PROJECT TEAM participation or project management (if the CITY hasLEAD AGENCY Responsibility) Direct Costs which are not supported by a detailedhourly accounting system;

5. CITY Indirect Costs.

When mutual written agreement has been reached as to PROJECT limits by COUNTYand CITY at the Predesign Charrette, City agrees to acquire right-of-way required fordesignated projects by voluntary dedication, the subdivision platting process and/or otherlegal means, to the maximum extent possible, and to ensure through the building permittingprocess that setback requirements are imposed to limit encroachment upon the requiredright of way. CITY agrees to fund ROW not acquired but reasonably expected to be. CITYalso agrees to fund the removal of improvements that are encroachments within existing orproposed right ofway areas.

In the event of any proposed use of the PROJECT right-of-way that will conflict with theproposed PROJECT and CITY is unable to obtain such right-of-way as described above,CITY shall notify COUNTY of such conflict. COUNTY and CITY shall determine if theacquisition of the conflicting parcel would be in the best interest of the PROJECT. In theevent that agreement is reached and the parcel is acquired such cost shall be included in thepro rated cost of the project in the agreed upon proportions.

CITY hereby grants the COUNTY authority to enter into eminent domain proceedingswithin the city limits on each specific right of way alignment as approved by the CITY andCOUNTY.

D. To require all Utilities located within or using the present public right of way on alldesignated transportation projects within CITY's municipal limits to adjust and/or relocatesaid Utilities as required by the proposed improvement of the designated transportationProject. CITY Utilities shall be relocated or adjusted at no cost to COUNTY except asmay be specifically set forth in this MASTER AGREEMENT.

E. CITY agrees to be cooperative on issues relating to billboards, advertising signs, nonconforming uses, zoning and similar restrictions and to exercise its best efforts to providevariances when possible to minimize cost and delay of PROJECT. Additional PROJECTcost caused or contributed to by CITY ordinance, zoning, non-conforming usedetermination or other requirement shall be paid in full by CITY.

F. _CITY shall require the adjustment and/or relocation of UTILITIES to be accomplished andfinalized, as expeditiously as possible after approval of final plans to prevent PROJECTschedule delays. Notwithstanding anything contained herein to the contrary, allUTILITIES shall be adjusted or relocated and the right-of-way clear for construction notlater than thirty (30) days prior to the award of the construction contract. CITY will notifythe' COUNTY and other STAKEHOLDERS when utility conflicts would impact progressof the project completion. COUNTY and CITY agree to work in partnership and with allSTAKEHOLDERS to solve the problem to include helping to engage elected officials inthe problem resolution with the goal to prevent delays in the commencement orprosecution ofconstruction on the PROJECT.


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G. Where new stonn drainage facilities are in conflict with CITY owned water and sanitarysewer systems, and the stonn sewer design cannot be modified, after submission of anacceptable schedule of work and cost estimate by the CITY to the COUNTY and COUNTYapproval, the actual costs of the necessary adjustment of CITY water and sewer utilitiesshall be pro rated at the overall percentage agreed to by CITY and COUNTY for costsharing. CITY shall be responsible for funding one hundred percent (100%) of anyBETTERMENTS. Except as provided herein, all costs for adjustment and/or relocation ofutilities in the public right of way shall be the responsibility of the Utility Owner or of theCITY UTILITY: Any PROJECT delay or other damages caused by CITY UTILITY'Sfailure to timely relocate or adjust the facility shall be at the entire cost ofCITY.

H. To provide for continuing surveillance and control of right of way to prevent theconstruction, placement, storage or encroachment of any signs, personal property or otherappurtenances in the right of way. In the event that the aforementioned features are allowedby CITY to encroach on necessary ROW during the duration of the project, CITY shall bearthe entire cost of removal or relocation of said encroachment.

I. To provide to COUNTY for COUNTY'S or COUNTY'S designee use, at no cost, adequatecopies of all construction standards, codes, (specifically including zoning and developmentcodes), plats, specifications, guidelines, standards or any other pertinent infonnation asdetennined by COUNTY to be required for the completion of the PROJECT. Additionally,CITY shall furnish COUNTY, at no cost, such documents as necessary to keep all itemspreviously furnished to County current.

J. Actively participate and provide authorized representation with decision making power atPREDESIGN CHARRETTE, preconstruction meeting, partnering meetings and projectteam meetings which are necessary to project development/completion and fiduciaryrelationships.

K. CITY agrees to provide timely review of interim submittals. "Timely review" will beagreed upon during the PREDESIGN CHARRETTE as a part of the PROJECT schedule.City further agrees that if no review notes are submitted by CITY in writing to COUNTYon a timely basis, plans are approved as submitted.

L. City agrees that it will pay all additional project cost for any CITY requested discretionarychange, including, but not limited to STREET AMENITIES AND UTILITYBETTERMENTS, in or addition to the design or construction of the project subsequent tothe City opportunity to review the sixty five percent (65%) design plans.

M. Provide at CITY's cost for the continuing maintenance of all PROJECT ROW, such asmowing, drainage, trash removal, etc., during the period between acquisition andconstruction.


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N. Subsequent to the completion of a PROJECT, that the CITY will be responsible for allfuture maintenance, operation and control of the PROJECT, without cost or contributionfrom the COUNTY.

O. Bear the entire cost of design, construction and administration for landscaping,streetscaping, streetlighting, as such items are not included in the STANDARD BASICPROJECT DESIGN and other ROAD OR STREET AMENITIES specified or requestedby CITY in excess of STANDARD BASIC PROJECT DESIGN.

P. It is the intent of this MASTER AGREEMENT that the COUNTY will be the LEADAGENCY. In the event that the CITY and COUNTY agree in writing that CITY willmanage and administer one or more PROJECTS, CITY and COUNTY will enter into aSUPPLEMENTAL AGREEMENT as to that project(s). In such instance, CITY agrees toassume all LEAD AGENCY responsibilities except as may be set forth in theSUPPLEMENTAL AGREEMENT as determined by mutual consent.

Article VIII. UTILITY IMPACTS.

A. In cases where a UTILITY IS LOCATED IN A PRNATELY OWNED RIGHT-OFWAY, and it is necessary to relocate the facility or make adjustments by reason of thewidening or improvement of the designated project, the COUNTY (or CITY if acting asthe LEAD AGENCY) will, after submission by utility company of right of waydocumentation and cost estimates acceptable to the CITY, COUNTY and otherSTAKEHOLDERS, assign the actual costs for the relocation and/or adjustment of saidutility to the PROJECT. .

B. In cases where a UTILITY IN PUBLIC RIGHT-OF-WAY, excluding CITY UTILITIES,occupies any portion of the PROJECT RIGHT-OF-WAY by Texas or Federal Law or byagreement with the CITY that allows or permits the CITY to cause the relocation of theutility for the construction of the project, the CITY shall timely require and enforce therelocation or adjustment requirement at no cost to the project. In the event that the CITYhas no legal or contractual right to cause the relocation, the relocation or adjustment shallbe relocated or adjusted and all cost shall be a Project Cost. CITY shall take all stepsnecessary to insure that such relocation or adjustment shall not conflict with or delay thePROJECT schedule.

Article IX. COUNTY AGREES AS FOLLOWS:

A. To provide as a PROJECT Cost preliminary engineering which will define project details,e.g., location, scope of work and specific right of way alignment for each improvement.Such preliminary engineering shall be submitted to the CITY for approval, prior toproceeding with the final design and any right ofway acquisition.

B. To provide as a PROJECT Cost for the construction of transportation improvements basedupon design criteria conforming to STANDARD BASIC PROJECT DESIGN inconformity with applicable CITY ordinances and standards, to the extent ofCommissioners Court approved program funding. Scope of work shall include the agreed


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upon design standards as the basis for improvement criteria. Deviations from mutuallyagreed upon application of CITY standards and/or design criteria shall require priorapproval of CITY. Where CITY standards do not exist, TxDOT standards as of theEFFECTIVE DATE of this l\1A3TER AGREEMENT shall be utilized unless otherwisemutually agreed by SUPPLEMENTAL AGREEMENT.

C. To actively participate and provide authorized representation at PREDESIGNCHARRETTE , preconstruction meeting, partnering meetings and project team meetingswhich are necessary to project development and completion and fiduciary relationships.

D. To provide proJect management of each Project where County is LEAD AGENCY fromcommencement to completion of construction. CITY and COUNTY may further agree bymutual consent to redefine project management roles as beneficial to the PROJECT asdefmed in the MOA and SUPPLEMENTAL AGREEMENTS.

E. Upon receipt of written request detailing the information requested, to provide informationrelated to the PROJECT to CITY or CITY'S designee at no cost to the CITY.

F. COUNTY agrees to provide timely review of interim submittals and hereby agrees that ifno review notes are submitted by COUNTY (if CITY is filling the role as PROJECTMANAGER) in writing to CITY, plans are approved as submitted. ''Timely review" willbe agreed upon during the PREDESIGN CHARRETTE, as part of the project schedule.

G. To s~bmit final engineering plans for review and written approval by CITY at least thirty(30) days prior to advertising for construction. .

H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessaryadditional right of way, on designated projects, in accordance with minimum standardrequirements and utilizing existing public right of way to the maximum extent possible asa PROJECT cost.

1. To require all contractors to secure all necessary permits required by CITY on saidconstruction projects.

J. To furnish record drawings of construction plans for the permanent records of CITY withintwelve (12) months upon completion and acceptance of the transportation improvementPROJECT.

K. In and for Ten Dollars ($10.00) and other good and valuable consideration, including thefuture obligation of maintenance, operation, control and acceptance of liability therefor totransfer, by Quit Claim Deed, all PROJECT related easements acquired by COUNTY toCITY.

L. In the event COUNTY and CITY agree in writing that CITY will be the LEAD AGENCYfor the agreed upon PROJECT, COUNTY will reimburse CITY for agreed costs asdetailed in Article XI (FUNDING) in an amount not to exceed the PROJECT cost asapproved by Dallas County Commissioners Court and incorporated in theSUPPLEMENTAL AGREEMENT. All COUNTY payments shall be in accordance withCOUNTY Policies and Procedures or as may be mutually agreed between the parties andincorporated in a SUPPLEMENTAL AGREEMENT.


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Article X. PREDESIGN CHARRETTE

A. CITY and COUNTY, as specified in Articles VII and IX, respectively, will designateofficials or representatives to participate in a Predesign Charrette to be conducted on amutually agreeable d"te and location. At least part of this meeting will be conducted onthe PROJECT site.

B. Results from Predesign Charrette will identify the general project scope and the generalpreferred alignment of the project, and project administration and management roles, toinclude the PROJECT MANAGER. Additionally, key project team particip~ts shall beidentified at the Predesign Charrette .

C. At the conclusion of the Predesign Charrette a SUPPLEMENTAL AGREEMENT shallbe produced which outlines the identified roles and scope for the Project.

Article XI. FUNDING

A. CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT &PROGRAM costs as agreed by the parties in a SUPPLEMENTAL AGREEMENT. Unlessotherwise specified in the SUPPLEMENTAL AGREEMENT, COUNTY shall bear fiftypercent (50%) of the total DIRECT PROJECT & PROGRAM costs excluding the ROAD ORSTREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITYBETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourlyaccounting system and other items as specified in this MASTER AGREEMENT or anySUPPLEMENTAL AGREEMENT. COUNTY shall not be responsible for any amount offunding in excess of the PROJECT not-to-exceed amount as shown in the PROJECTSUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTALAGREEMENT, CITY shall bear fifty percentage (50%) of all DIRECT PROJECT ANDPROGRAM costs. In addition City agrees to fund all other City cost as provided herein,including, but not limited to, ROAD OR STREET AMENITIES, relocation or adjustment ofCITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST notsupported by detailed hourly accounting system and other items as specified in this MASTERAGREEMENT or any SUPPLEMENTAL AGREEMENT.

B. Unless otherwise stated in a SUPPLEMENTAL AGREEMENT, the milestones for each projectshall be (1) preliminary and primary design (2) right-of-way acquisition and utility relocationor adjustment and (3) construction. The LEAD AGENCY shall prepare an estimated cost foreach milestone. Upon approval of the cost by the other party, each party shall fund its share ofthe respective milestones by placing that amount of money in an escrow account or otherwiseencumber the funds to insure that the LEAD AGENCY will have sufficient funding availablefrom current revenue for the timely payment of PROJECT milestone costs. The LEADAGENCY may bill the other party for periodic payments for the actual amount of workcompleted toward the completion of the milestone. Upon completion of the milestone, the nonmanagement party will be furnished a notice that such work has been completed and theamount of funding that may be utilized to pay subsequent milestone Project cost.Notwithstanding any other term or condition contained herein or in any SUPPLEMENTAGREEMENT, neither party will be required to award any contract until written certificationhas been received that funding has been placed in escrow or encumbered for the payment ofthe non-awarding party's portion of the PROJECT cost.

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C. In the event that the cost of the PROJECT shall exceed the not-to-exceed amount, CITY andCOUNTY. agree to either reduce the scope of construction or seek additional funding tocomplete the PROJECT at the agreed upon cost share percentages. At the termination of thePROJECT, the LEAD AGENCY will do a final cost accountilg of the PROJECT. In the eventthat the amount paid by either party exceeds its portion of the actual cost, the difference will beremitted to such party. In the event that additional funds are c'.ue, the LEAD AGENCY will billthe other party who agrees to pay such funds within thirty (30) days ofreceipt of such billing.

D. If CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoices foractual costs expended in accordance with COUNTY invoicing policy.

E. Upon execution of a SUPPLEMENTAL AGREEMENT, CITY shall escrow an amountadequate for initial project costs which COUNTY may use to pay for initial professionalservices required for scoping, preliminary, and primary design.

Article XII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT.

It is expressly understood and agreed that enforcement of the terms and conditions of thisAgreement and all right of action relating to such enforcement shall be strictly reserved toCITY and COUNTY and nothing contained in this Agreement shall give or allow any claim orright of action whatsoever by any other person on this Agreement. It is the express intention ofCITY and the COUNTY that any entity other than CITY or the COUNTY receiving services orbenefits under this agreement shall be deemed an incidental beneficiary only. This Agreementis intended only to set forth the contractual right and responsibilities of the agreement parties.

Article XII. RIGHT OF ENTRY

The CITY agrees that COUNTY shall have the right to enter upon the PROJECT area for thetime period necessary for the completion of the Project. CITY agrees to furnish such police orother CITY personnel as requested BY COUNTY for traffic control or other public safetymatters at no cost to the PROJECT or COUNTY.

Article XIV. LIST OF PROJECTS

CITY agrees that it has been furnished with a list of the potential PROJECTS as approved bythe Dallas County Commissioners Courts, subject to the agreement between the parties of aSUPPLEMENTAL AGREEMENT. CITY stipulates and agrees that the Commissioners CourtOrder approving the projects identifies the potential PROJECT location and describes the typeof project in sufficient detail that the CITY is fully aware of the location and type of projectsbeing considered.

Article XV. MISCELLANEOUS GENERAL PROVISIONS

A. Applicable Law. This Agreement and all matters pertinent thereto shall be construed andenforced in accordance with the laws of the State ofTexas and exclusive venue shall be inDallas County, Texas. Notwithstanding anything herein to the contrary, this Agreement is

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expressly made suhject to County's Sovereign Immunity, Title 5 of Texas Civil Practice andRemedies Code, and all applicabh State of Texas and Federal laws.

B. Entire Agreement. This Agreem~nt, constitutes the entire agreement between the partieshereto and may not be modified ei{ce-,)t by an instrument in writing executed by the partieshereto as herein provided.

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

D. Default!WaiverlMitigation. It is not a waiver ofdefault if the non-defaulting party fails todeclare immediately a default or delays in taking any action. Pursuit of any remedies set forthin this Agreement does not preclude pursuit of other remedies in this Agreement or provided bylaw.

E. Federal or State of Texas Funding. In the event that any work or part thereof is funded byState ofTexas or U. S. Government funding and any statute, rule, regulation, grant, contractprovision or other State ofTexas or U. S. Government law, rule, regulation or other provisionimposes additional or greater requirement(s) than stated herein, City agrees to timely complytherewith without additional cost or expense to County.

F. Headings. The titles which are used following the number of each paragraph are only forconvenience in locating various provisions of this AGREEMENT and shall not be deemed toaffect the interpretation or construction of such provision.

G. Number and .Gender. Words of any gender used in this AGREEMENT shall be held andconstrued to include any other gender; and words in the singular shall include the plural andvice versa, unless the text clearly requires otherwise.

H. Counterparts. This AGREEMENT may be executed in multiple counterparts, each of whichshall be deemed an original, but all of which shall constitute one and the same instrument.


124

The City of Surmyvale , State of Texas, has executed the Agreement pursuant to duly

authorized City Council Resolution 00-23

11th day of Dec. ,200..9.

, Minutes .Taom Cpnod 1 Dated the

The County of Dallas, State of Texas, has executed this agreement pursuant to

Commissioners Court Order Number and passed on the __day of -"

CITY OF

B

Surmyva1e COUNTY OF DALLAS

LEE JACKSON, COUNTY JUDGE

APPROVED AS TO FORM:

John Dahill, Advisory Chief, Civil SectionDallas County District Attorney


125

DALLAS COUNTYPUBLIC WORKS

July 9, 2003

MEMORANDUM:

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Commissioner Jim Jackson, District I

Commissioner Mike Cantrell, District 2

Donald R. Holzwarth, P.E.Director of Public Works

Local Project Advance Funding Agreement with TxDOTTransportation Management Center

Background

In the early seventies, much research was being done on North Central Expressway involving TxOOT,Texas Transportation Institute and the City of Dallas. The research dealt with Ramp Metering, SpeedMonitoring and Camera Surveillance from the Central Business District to LBJ Freeway. Results of thisresearch formed the backbone for the present Intelligent Transportation System Program throughout thenation. The system now in place along the Dallas County freeways consists of CAMERAS ( ]5 installed,33 under construction, 19 in design ), DYNAMIC MESSAGE SIGNS ( 29 installed, 9 in design),VEmCLE DETECTION ( 22 miles installed, 25 miles under construction, 200 miles in design) andFIBER OPTIC CABLE ( 32 miles installed, 25 miles under construction, 15 miles in design ). All ofthis equipment is now controlled from the TxOOT Control Center located at the intersection of CoitRoad and Churchill Way at the southwest quadrant ofLBJ Freeway and North Central Expressway. Thisfacility is also shared with the DART HOV enforcement and motorist assistance section, as well as theDallas County Sheriff's Freeway Courtesy Patrol. To complement this freeway system in the Northeastquadrant, the City of Dallas will be installing 12 dynamic message signs on local arterials to assistdiverted traffic during major freeway incidents. Dallas County will be supporting this city project byfunding these signs for $1,313,000 from the 1991 Bond Program "Incident Detection and ResponseProgram".

The existing control center facility has become quite crowded with the present usage and as new units arebrought into service, this facility will not be able to adequately house all of the needed equipment andpersonnel. To meet this projected increased space need, TxOOT has plans to build a new control centerat the present district campus at the intersection ofIH 30 and US 80 (See attached map). Dallas Countywill support this project by contributing funding of $1,722,626 toward the construction cost of the newcontrol center complex. This funding will also come from the 1991 Bond Program "Incident Detectionand Response Program".

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

126Commissioners CourtJULY 9, 2003Page 2

Financial Impact

The funding for this project will come from the 1991 Bond Program " Incident Detection and ResponseProgram". As set forth in the attached TxDOT Local Transportation Project Advance FundingAgreement (LPAFA), Dallas County would remit its financial share to TxDOT prior to the date set forreceipt of the construction bids for the State's estimated construction oversight and construction costs. The"Incident Detection and Response Program" was originally funded with an amount of $4,000,000. Inaddition to this expenditure and the City of Dallas project mentioned, other expenditures from this fundinclude $110,830 for Farmers Branch ITS project, $21,000 for Multi-jurisdictional Incident DetectionNetwork Project with TxDOT, $10,000 for software development for Regional ITS CommunicationNetwork with TxDOT and $173,464 for Administration. This leaves approximately $650,000 available inthe fund at this time.

Impact on Operations and Maintenance

There are no impacts on County operations and maintenance.

Project Schedule

TxDOT has purchased the land adjacent to the existing District Headquarters and has cleared the site. Plandevelopment is now underway and construction is scheduled to begin in early 2004. The present controlcenter will become an unmanned satellite equipment center. A similar unmanned center will be constructedin the lIDS and Reunion Blvd. interchange area in the near future.

Recommendations

It is recommended that the Dallas County Commissioners Court approve the LPAFA for the participationin the construction of the new Transportation Management Center, which provides for the expenditure ofa maximum limit of $1,722,626 from the 1991 Bond Fund.

jJZJtBYDonald R.H!I~Director of Public Works

")t l)

Attachment: Local Transportation ProjectAdvanced Funding Agreement

cc: Terry Sams, P.E., TxDOT Director of Transportation OperationsMoosa Saghian, P.E., TxDOT AdministrationSam Wilson, P.E. Assistant DirectorFile (1991 Bond FundffEA-21)

CSJ: 0918-45-5351 2 7 Project Name: Dallas District

Transportation Management CenterFunding Category: STP-MM

STATE OF TEXAS §

COUNTY OF TRAVIS §

LOCAL TRANSPORTATION PROJECTADVANCE FUNDING AGREEMENT

For a STP-MM-Surface Transportation Project -Metropolitan Mobility

THIS Local Project Advance Funding Agreement (LPAFA) is made by and betweenthe State of Texas, acting by and through the Texas Department of Transportation,hereinafter called the "State", and the County of Dallas , acting by and through itsduly authorized officials, hereinafter called the "Local Government."

WITNESSETH

WHEREAS, a Master Agreement between the Local Government and the State has beenadopted and states the general terms and conditions for transportation projectsdeveloped through this LPAFA; and,

WHEREAS, the Texas Transportation Commission passed Minute Order 107737that provides for the development of, and funding for, the project describe herein; and,

WHEREAS, the Governing Body of the Local Government has approved entering intothis LPAFA by court order dated , which is attached hereto andmade a part hereof as Attachment A for development of the specific project which isidentified in the location map shown as Attachment B.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants andagreements of the parties hereto, to be by them respectively kept and performed ashereinafter set forth, it is agreed as follows:

AGREEMENT

1. The period of this LPAFA is as stated in the Master Agreement, without exception.

2. Termination of this LPAFA shall be under the conditions as stated in the MasterAgreement, without exception.

3. Amendments to this LPAFA shall be made as described in the Master Agreement,without exception.

4. Scope of WorkThe scope of work for this LPAFA is described as the design. construction andintegration of the Dallas District Transportation Management Center

5. Right of Way and Real Property shall be the responsibility of the Local Government,as stated in the Master Agreement, without exception.

Revised 01/10/02 Page 1 of 6


Transportation ManagementCenter

6. Adjustment of utilities will be provided by the Local Government as required and asstated in the Master Agreement without exception.

7. Environmental Assessment and Mitigation will be carried out as stated in the MasterAgreement, without exception.

8. Compliance with Texas Accessibility Standards and ADA will be as stated in theMaster Agreement, without exception.

9. Architectural and Engineering Services will be provided by the State, as stated in theMaster Agreement, without exception. The State is responsible for performance ofany required architectural or preliminary engineering work. The Local Governmentmay review and comment on the work as required to accomplish the publicpurposes of the Local Government. The State will cooperate fully with the LocalGovernment in accomplishing these local public purposes to the degree permittedby State and Federal law.

10. Construction Responsibilities will be carried out by the State, as stated in the MasterAgreement, without exception.

11 . Project Maintenance will be undertaken as provided for in the Master Agreement,without exception.

12. Local Project Sources and Uses of Fundsa. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C.b. A Source of Funds estimate is also provided in Attachment C. Attachment C

shows the percentage and absolute dollar amount to be contributed to theproject by federal, state, and local sources.

c. The Local Government is responsible for all non-federal and non-state funding,including all project cost overruns, unless provided for through amendment ofthis agreement.

d. After execution of this LPAFA, but prior to the performance of any work by theState, the Local Government will remit a check or warrant made payable to the"Texas Department of Transportation" in the amount specified in Attachment Cas the local contribution for Preliminary Engineering. The Local Government willpay at a minimum its funding share for this estimated cost of preliminaryengineering as stated in the Local Project Sources and Uses of Funds provisionof the Master Agreement.

e. Sixty (60) days prior to the date set for receipt of the construction bids, the LocalGovernment shall remit its remaining financial share for the State's estimatedconstruction oversight and construction costs and any others costs owing.

f. In the event the State determines that additional funding is required by the LocalGovernment at any time during the development of the Project, the State willnotify the Local Government in writing. The Local Government will makepayment to the State within thirty (30) days from receipt of the State's writtennotification.

g. If existing or future ordinances or regulations of the Local Government affectingthe development, design, or right-of-way acquisition on the Project (including, butnot limited to, outdoor billboard, sign or other zoning ordinances or regulations)


CSJ: 0918-45-5351 2 9Project Name: Dallas District

Transportation Management Centerare (i) more stringent or restrictive than State or Federal regulations, and (ii)result in increased costs to the Project, the increased costs associated with theordinances or regulations in question shall be paid by the Local Government.Additionally, if the Local Government proposes changes to the Project that wouldresult in increased costs to the Project, those increased costs shall be paid bythe Local Government.

The cost of providing such right of way acquired by the State shall mean the totalexpenses in acquiring the property interests either through negotiations oreminent domain proceedings, including expenses related to relocation, removal,or adjustment of eligible utilities.

13. Document and Information Exchange. The Local Government agrees toelectronically deliver to the State all general notes, specifications, contract provisionrequirements and related documentation in a Microsoft® Word or similar document.If requested by the State, the Local Government will use the State's documenttemplate. The Local Government shall also provide a detailed construction timeestimate including types of activities and month in the format required by the State.This requirement applies whether the Local Government creates the documentswith its own forces or by hiring a consultant or professional provider.

14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of thegoverning provisions of the Master Advance Funding Agreement (MAFA) in effecton the date of final execution of this LPAFA, unless such MAFA provision isspecifically excepted herein.

15. Signatory Warranty. The signatories to this agreement warrant that each has theauthority to enter into this agreement on behalf of the party represented.

IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executedin duplicate counterparts.

THE LOCAL GOVERNMENT

By:Margaret KeliherCounty Judge

THE STATE OF TEXAS

Date: _

Executed for the Executive Director and approved for the Texas TransportationCommission for the purpose and effect of activating and/or carrying out the orders,established policies or work programs heretofore approved and authorized by the TexasTransportation Commission.

By:

Revised 01/10/02

Date: _Jennifer D. Soldano, DirectorContract Services Office

Page 3 of 6

Revised 01/10/02

CSJ: 0918·45·5351 3 0Project Name: Dallas District

Transportation Management Center

ATTACHMENT ACOURT ORDER OF LOCAL GOVERNMENT

APPROVING THIS LPAFA

Page 4 of 6

Dallas

Revised 01110/02

1 3 1

AITACHMENY B

Page 5 of 6

5?~

CSJ: 0918-45~ D~'as DistrictProject Nafl}e. Management CE' nterTransportation

,.I'['


Transportation Management Center

A.TIACHMENT CPROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS

Description Total Federal State LocalEstimate Participation Participation Participation

Cost70% 17.5% 12.5%

Land ", , 1,400,000 350,000 250,000

Utilities (no cash contribution)

Environmental (no cash contribution)

System Requirements and Integration 6,125,000 4,287,500 1,071,875 765,625

Construction 5,189,000 3,632,300 908,075 648,625

SUBTOTAL 13,314,000 9,319,800 2,329,950 1,664,250

Engineering & Contingencies (E&C) 467,010 326,907 81,726 58,376(Estimated @ 9% of Construction)

TOTAL 13,781,010 9,646,707 2,411,677 1,722,626

First Payment due prior to PS&E by StateN/A

SeCond payment due 60 days prior to theproject letting 1,722,626

Total participation required from the local government =$1,722,626


July 15,2003

TO:

THROUGH:

FROM:

SUBJECT:

DALLAS COUNTY 1 33COMMISSIONERS COURT ADMINISTRATIONDan Savage, Assistant Administrator for Operations

Commissioners Court

Allen Clemson, Court Administrator

Janet R. Ferguson, Assistant District AttorneyChief, Civil Section

Attorney Fee Contract of Martha Crandall Coleman with the lawfirm of Strasburger & Price, L. L. P. For a Review of AlADocuments AI01-1997 and A201-1997

BACKGROUND OF ISSUEAllen Clemson asked the Civil District Attorney's office to have outside counsel reviewthe AlA Contract AIOl-1997 and A201-1997 for the George Allen Civil Courtexpansion project and modify these documents to meet the County's contract documentsneeds.

Ms. Coleman was contacted on this matter by the Civil Section of the District Attorney'sOffice and a review has been provided. The purpose of this Briefing is to submit toCommissioners Court the Attorney Fee Contract for formal approval to allowingprocessing of Ms. Coleman's payment.

FINANCIAL IMPACTMs. Coleman's fees and cost under this Agreement are similar to other fees DallasCounty is charged and the Attorney Fee Agreement is the standard Agreement used byDallas County that limits and specifies how billings will be submitted and what isreimbursable.

RECOMMENDATIONStaff recommends that the Commissioners Court approve the attached Attorney FeeAgreement for legal representation by Attorney Martha Crandall Coleman with the lawfinn of Strasburger & 7;L.L.P,

Recommended by: "M~ <)

Dan Savage )/Assistant Administrator for Operations

Dallas County Administration Building411 Elm Street, 3rd Floor Dallas Texas 75202-3317

e-mail: [email protected]

Telephone (214) 653-7650Fax (214) 653-6517

134

Date:

To:

From:

Subject:

DALLAS COUNTYHUMAN RESOURCES/CIVIL SERVICE

June 9, 2003

Members of the Commissioners Court

Mattye Mauldin-Taylor, Ph.D., Director

Master Training Plan

BackgroundThe Human Resources/Civil Service Department has developed a calendar of staff development!training programs for the remainder of FY 2003. While we are aware of the current budgetsituation, we are requesting approval to utilize the funds allocated to training in order to offer thePrograms listed in Attachment A.

Impact on OperationsOffering the programs listed in Attachment A will target the staff development needs of theemployee population. The proposed training will be in the areas of workplace communicationskills, conflict management, team building, diversity, writing and grammar, career selfassessment, and sexual harassment.

Financial ImpactTotal financial impact will be $6060 for the remainder of FY 2003, with some purchasedmaterials also being utilized in FY 2004. The funding source will be Countywide Training Fund,Reserves and Contingency, expense code 00120.9940.02440.2003.

RecommendationThe Human Resources/Civil Service Department recommends Commissioners Court approve theexpenditure of$6060.00 from the Countywide Training Fund, Reserves and Contingency, expensecode 00120.9940.02440.2003 to support implementation ofthe Programs listed in Attachment A.

Recommended by:

Attachmept

509 Main StreetRecords Building

Dallas, TexasEqual Opportunity Employer 214.653 7638

IlABS 1IDATA 1IGROUPSIPRSONNLIBriefings 2003ITrainlng_fund 9940 balance_071503.doc

135

Attachment A

Funds and Classes projected through the remainder of Fiscal Year 2003Countywide Training Fund 9940

Proposed and Scheduled Classes

Achieve Global Listening 8/03

Achieve Global Feedback 9/03

Career Self-Assessment 8/03

Dealing with Conflict 10/03.

Diversity (date pending)

Planning, Editing and Re-writing 8 & 9/03

Sentence Structure and Punctuation 8 & 9/03

Sex Harassment 8/03

Team Building - "Strength DeploymentInventory" (SOl) By special request for intactwork groups (Child Support Departmentcurrently scheduled late July)

Materials and/or Instructors

Materials - 11 on hand

Materials - 0 on hand

Richland - one four-hour delivery

Materials - three deliveries

Richland - one four-hour delivery

Richland - two six-hour deliveries

Richland - three six-hour deliveries

Nestor Consulting - one four-hour

delivery

Instructional Materials

368

800

471

400

320

960

1440

1000

300

Total

$6060

\\ABS1\DATA1\GROUPS\PRSONNL\Briefings 2003\Tralmngjund 9940 balilnccanachment 071503.doc

136

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

03 JUL -9

" . f

• H fIRil : 20

June 23, 2003

To:

Through:

From:

Subject:

Commissioners Court

RyanBrO~Budget Officer

Shawn Balusek~Budget and Policy Analyst

Dallas County Re-Commitment and Medication Hearings

BACKGROUNDJudge Loving is requesting that all re-commitment and medication hearings currently beingconducted by the County Court at Law ofKaufinan County for Dallas County be heard at the MentalIllness Court in Dallas County. The re-commitment hearings in Kaufinan County are for thosepatients who Dallas County committed, have served their 90 day commitment and are not ready toleave Terrell State Hospital. The medication hearings that are heard in Kaufinan County are to orderthe forced administration ofpsychoactive medication to patients that have already been committedto Terrell State Hospital by the Dallas County Mental Illness Court.

The purpose of this briefing is to provide a recommendation on Judge Loving's request and toprovide an estimate of the savings.

OPERATIONAL IMPACTCurrently, Dallas County compensates Kaufinan County for the handling of re-commitment andmedication hearing cases that are heard within Kaufinan County. In FY02, there were a total of 431cases heard in Kaufinan County and it is projected that a total of 480 cases will be heard in FY03.

At the present time, Judge Loving holds the Mental Illness Court on Tuesdays and Thursdays inNorth Dallas. The cases that are on the docket are the initial commitment. Judge Loving hasindicated that the re-commitment and medication cases that are held in Kaufinan County can beabsorbed by his court. The additional cases will be held on Tuesdays and Thursdays following theregularly scheduled Mental Illness Court docket.

With the change of hearing location, the major operational impact will be the transportation of thepatient to and from Terrell State HospitallMental Illness Court. For patients housed at Terrell thatare having their initial commitment hearing on Tuesday and/or Thursday at the Mental Illness Court,North Texas Transportation Service is utilized for transportation and paid for by Value Options. The

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6655 • Fax (214) 653-6517 • [email protected]

137

County will contract with the same transportation service to transport re-commitment and medicationhearing cases to and from Terrell State HospitallMental Illness Court.

Judge Loving will advise the Terrell State Hospital's staffthat if a patient is scheduled to have theirinitial commitment hearing on Tuesday or Thursday, they should have their medication hearing onthe same day. For this to occur for a Tuesday court, the physician would need to have completed theApplication for Order to Administer Psychoactive Medication by Friday afternoon so Dallas Countycan place the case on the Tuesday docket. For Thursday's court, the physician would need tocomplete the same form by Tuesday to ensure that the medication hearing will be on the Thursday'scourt docket. Having medication cases heard on the same day as the patieIlt's commitment hearingwill reduce the need for additional transportation as the patient would only need to be transportedround-trip one time.

Furthermore, a small portion of the patients will enter a no contest plea and will not be required tobe transported to and from Terrell State HospitallMental Illness Court.

FINANCIAL IMPACTDuring 2002, Dallas County reimbursed Kaufinan County $118,977 for 394 medication andre-commitment hearings for an average case cost of $301. For 2003, it is projected that the totalreimbursement for 480 cases would total $143,000 for an average case cost of$297.

If Judge Loving's Mental Illness Court hears the medication and re-commitment hearings,additional transportation services will be required. North Texas Transportation Services, the currentvendor utilized by Value Options, is willing to provide the service for $100 per patient each way,or $200 round trip. Based on the fact that some patients will have their commitment and medicationhearings on the same court date; additional transportation services will be limited.

To calculate the financial impact ofJudge Loving's request, it is projected that ofthe 480 addi tionaIcases to be heard by Judge Loving, 50% or 240 will have their medication hearing on the same dayas their initial commitment hearing, thus they will not require additional transportation. In addition,it is projected that 80 patients will enter a no contest plea which will not require them to betransported to the Mental Illness Court. Therefore, it is anticipated that the County would be requiredto transport 200 patients to and from Terrell State HospitallMental Illness Court each year at a $200round trip cost [or a total annual cost 0[$40,000. Based on FY2003 projected reimbursed costs of$143,000 to Kaufinan County, the annual net savings to Dallas County would be $103,000. Evenif all the cases required transportation the annual savings would be $47,000.

RECOMMENDATIONThe>Office of Budget and Evaluation recommends that Commissioners Court approve JudgeLoving's request to conduct re-commitment and medication hearings at the Mental Illness Courtin Dallas County rather than having the hearings conducted by the County Court at Law ofKaufmanCounty. Furthermore, it is recommended that Dallas County enter into an agreement with NorthTexas Transportation Service to provide transportation to and from Terrell State Hospital/MentalIllness Court.

138

DALLAS COUNTYOFFICE OF BUDGET AND EYALUATION

July 9,2003

(:Jw

To:

From:

Subject:

Commissioners Court

Ryan Brow(VBudget Officer

Requests for Exceptions to the Hiring Freeze

BackgroundCommissioners Court instituted a hiring freeze effective March 11,2003, to address theCounty's current year budget shortfall. This hiring freeze applies to all positions exceptthose related to life-safety issues or mandated staffing ratios. Departments are allowedto request exceptions for specific situations.

The Offic.e of Budget and Evaluation has received hiring freeze exception requests fromJudge Ellis, Precinct 3-2 and Judge Whitney, Precinct 4-2. The purpose of this briefingis to make a recommendation on these requests.

Operational ImpactThe specific of the request is discussed in the paragraphs below and a copy of the formalrequest is attached to this briefing.

Justice ofthe Peace Precinct 3-2 (Judge Ellis)Judge Ellis is authorized seven full-time positions (1 grade C chief clerk, 1 grade 7 bookkeeper,and 5 grade 5 clerks). When the hiring freeze was implemented, Judge Ellis had two vacantclerical positions. The Office of Budget and Evaluation briefed Commissioners Court regardingan exception to the hiring freeze for one of the vacant positions on April 1,2003 and after anadditional vacancy, briefed another exception on May 6,2003. Included as part of theseexemptions was an agreement with Judge Ellis that if an exception was made to fill one clericalposition, she will try to meet the 30 week obligation by holding the remaining clerical positionvacant for 30 weeks. Commissioner's Court approved this modification.

Judge Ellis has requested an exemption from the hiring freeze to allow her to hire the positionthat was previously frozen for 30 weeks. Judge Ellis' court was able to hold the position vacantfor 18 weeks. In addition it will take 4-5 weeks to post the position, interview and fill theposition. Judge Ellis indicates that operational changes have been made to try to compensatefor the vacancy. The court has been closed at lunch, referred marriage license requests to CollinCounty, and instructed anyone who speaks Spanish to return with an interpreter since one of theindividuals who left was the court's only bilingual employee. Judge Ellis identifies that the

411 Elm Street, 3rd Floor, Dallas, Texas 75202(214) 653-6389 • Fax (214) 653-6517 • [email protected]

139

workload has continuously increased in her court within the past three months despite of theoperational changes to adjust for one less clerk. Also, Judge Ellis specifically mentions the lackof staff slowing down the process of generating warrants, setting criminal and civil dockets,resulting in lost revenue to Dallas County.

Through the second quarter, Judge Ellis' court has generated $15,993 in net revenues.

The Office of Budget and Evaluation recommends an exception to the hiring freeze be granted.

Justice a/the Peace Precinct 4-2 (Judge Whitney)Judge Whitney is authorized nine full-time positions (1 grade C chief clerk, 1 grade 7bookkeeper, and 7 grade 5 clerks). Effective June 16,2003, one grade 5 clerk position becamevacant. Judge Whitney is requesting an exception to the hiring freeze to replace this vacantclerk position. Under the hiring freeze requirements, this results in 15 weeks of vacancyobligation.

Judge Whitney conveys his efforts to comply with the hiring freeze for a previous vacantposition in his court. A clerk position became vacant in February 2003. The court held thegrade 5 clerk position open for the entire 15 weeks. The position is presently posted andapplicants are being interviewed. Judge Whitney indicates that leaving this position vacant forthe 15 weeks created a hardship on the court including a small backlog. The primaryresponsibilities of the newly vacant position include: providing customer service at the counter,receiving and processing misdemeanor, traffic and civil cases. It is expected that by the time theposition is posted and filled the current vacancy would have full-filled 4-5 weeks of theobligation for J.P Precinct 4-2. This request will allow the position to be filled approximatelyten weeks early. Through the second quarter, Judge Whitney's court has generated $75,382 innet revenues.

The Office of Budget and Evaluation recommends an exception to the hiring freeze be granted.

Financial ImpactThe savings realized from holding the position discussed above vacant for 15 weeks is shownin the table below.

Department Position Grade 15-weeksavings

Justice of the Peace 3-2 Clerk 5 8,248Justice of the Peace 4-2 Clerk 5 8,248

Total $16,496

Recommendation

The Office of Budget and Evaluation makes the following recommendations.

Justice of the Peace 3-2 (Judge Ellis)Justice of the Peace 4-2 (Judge Whitney)

Recommends an exception be granted.Recommends an exception be granted.

Ronlca Watkins - Clerk PosItion 1'40 Page 1

From:To:Date:SUbject:

Nancy HugheyRyan BrownThu, Jun 19, 2003 3: 15 PMClerk Position

Ryan,We are requesting that an exception to the hiring freeze be granted for the clerk position we have beenholding open since March 11, 2003, The case load is continuing to increase and the work load for thecurrent clerks has become overwhelming.We are making every attempt to keep up and give the public the level of service required but It is evidentthat we need additional personnel

Please re-evaluate our situation and forward our request to the Commissioners.

We await your guidance and recommendation

Thank you for your time.

Respectfully,Nancy HugheyJP 3-2

JUDGE ROBERT A. WIDTNEYJustice of the Peace

Dallas CountyPrecinct 4, Place 2

June 17,2003

Mr. Ryan BrownOffice of Budget and EvaluationAdministration Building, 3rd Floor411 Elm Street, Suite 300Dallas, Texas 75202

RE: EXCEPTION TO HIRING FREEZE

Dear Mr. Brown:

This letter is to request an exception to the hiring freeze presently in force by Dallas County. Ourcourt earned two additional clerks back in October 2002. Both ofthese added positions were filledand these two clerks were assigned to assist the general public at the counter with any filings broughtto the court. In February, one of these clerks resigned due to the excessive illness ofher children,but the hiring freeze went into force the first part of March. Her position has been vacant for 15weeks and is presentlyposted and applicants are being reviewed. However, Monday, June 16,2003,the other clerk resigned without notice. We have earned an average of ten clerks for the last ninemonths and are presently two clerks short of our budgeted nine clerks.

Please consider allowing this court an exception to the hiring freeze to replace the one additionalclerk who resigned without notice. The ability of the two clerks at the counter to assist the generalpublic allowed the other clerks (i.e., misdemeanor, traffic, civil) time spent in maintaining theirrespective desks. The absence of these two clerks puts an added burden on the courts ability tomaintain a reasonable work load.

Your consideration in this matter would be greatly appreciated.

Sincerely,

Xun~j.~Linda J. LarkinChief Clerk

cc: Court File

Judge Robert A. Whitney, Pet. 4 PI. 2, 841 W. Irving Blvd., Irving, Texas 75060, 972-259-1669, Fax 972-259-2011

142

DALLAS COUNTYOFFICE OF BUDGET AND EYALUATION

oc..J

<--

July 9,2003

To:

Through:

From:

Subject:

Commissioners Court

Ryan BrowneBudget Officer

Ronica L. WatkinsSenior Budget and Policy Analyst

Rationale for Briefing and Court Order on Same Day

I'

IU

C.)

It is requested that the attached request be considered on both the formal and briefingagenda for Tuesday, July 15, 2003. This will allow the grant application to be submittedelectronically and the original and 6 hard copies to be mailed to the Office ofAttorney General (OAG), by July 23, 2003.

411 Elm Street, 3'd Floor, Dallas, Texas 75202(214) 653-6363· Fax (214) 653-6517· rh\atkins!fi\da!!ascounty.Ol"~

143

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

Juiy 9, 2003


THROUGH: Ryan Brown, Budget offic£0

FROM: Ronica L. Watkins, Senior Budget & Policy Analyst

SUBJECT: District Attorney's Office Victim Witness Project Grant Application(Court Order on the Formal Agenda)

BackgroundThe Crime Victim Services Division (CVSD) of the Office of the Attorney General (OAG) isnow accepting grant applications for crime victim related services under the Other VictimAssistance Grants (OVAG) and the Victim Coordinator and Liaison Grants (VCLG) Programs.All funding is contingent upon an appropriation to the OAG by the Legislature. All applicantsapplying for the funding are required to submit an electronic grant application by July 23, 2003.

The purpose of this briefing is to discuss the grant application and to request permission tosubmit the application electronically.

Operational ImpactThe purpose of the Other Victim Assistance Grant Program is to provide funds on a competitivebasis to programs that address the unmet needs of victims of violent crimes by maintaining orincreasing their access to high quality services. The grant application is requesting funding fordirect victim services, which is one of the four eligible activities under this program. Fundingwill allow staff to travel to attend conferences to gain updated information on different sources tobetter aid victims.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6448 • Fax (214) 653-6517 • [email protected]

144

Financial Il.!!P.actGrants awarded by the OAG are reimbursement-only grants. The grant period is 24 months fromSeptember 1, 2003 through August 31,2005. Funding will be utilized for training efforts toprovide better direct services. Each applicant is required to include travel costs for grant paidpersonnel to attend at least two OAG sponsored training sessions, workshops, or conferencesduring the two year grant period. The total request for the first fiscal year is $9,880. Secondyear funding is contingent upon a grantee meeting all rules and guidelines required by the OAGwithin the first fiscal year.

There is no County match required and indirect cost recovery is not allowed.

RecommendationThe Office of Budget and Evaluation recommends that the Commissioners Court approveelectronic submission of the Other Victim Assistance Grants application by the DistrictAttorney's Office. To ensure that the grant application is submitted by the due date, July 23,2003, the District Attorney's Office requests permission to be allowed to electronically sign thename of the County Judge and submit the online grant application.

145

COMPREHENSIVE CERTIFICATION FORM CON'T.

Margaret KeliherName of Authorized Signator

Signature

Dallas CountyName ofOrganization

Grant Application Kit - FY 04-05 17

Da1h.:L,:;ouoty ,IudgeTitle of Authorized Signator

----,----,----Date

6/2712003

146

Crime Victim Services Division Office of the Attorney General

COMPREHENSIVE CERTIFICATION FORMCertified Assurances:This certification is a material representation of fact upon which reliance was placed with the agency determined to award the grant. If it is laterdetermined that the grantee knowingly rendered an erroneous certification, the agency, in addition to any other remedies available to the federal/stategovemment or state agency, may take available action.

I certify to the best of my knowledge and belief:I. No federal/state appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or

employee of any agency, a member of Congress or the Texas LegiSlature, or an employee of a member of Congress or the Texas Legislaturein connection with the awarding of any federal/state contract, the making of any federal/state grant. the making of any federal/state loan. theentering into of any cooperative agreement, and the extension, continuation, renewal, amendment. or modification of any federal/statecontract, grant, loan, or cooperative agreement; and

2. If any non-federal/state funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employeeof any agency, a member of Congress or the Texas Legislature, an officer or employee of Congress or the Texas LegiSlature, or an employeeof a member of Congress or the Texas Legislature in connection with this federal/state contract, grant, loan, or cooperative agreement, theundersigned shall check here __ and contact the Grants Coordinator ofthe Office of the Attorney General for the "Disclosure Form toReport Lobbying."

I certify that to the best of my knowledge and belief:I. The applicant certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees/assignees that the unlawful manufacture, distribution, dispensing, possession, or useof a controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employeesfor violation of such prohibition.

B Establishing a drug-free awareness program to inform employees/assignees about:I. The dangers of drug abuse in the workplace;2. The applicant's policy of maintaining a drug-free workplace;3. Any available drug counseling, rehabilitation, and employee assistance programs; and4. The penalties that may be imposed upon employees/assignees for drug abuse violations.

C. Making it a requirement that each employee/assignee to be engaged in the performance of the grant be given a copy of thestatement required by paragraph (A).

D. Notifying the employee/assignee in the statement required by paragraph (Al that. as a condition employmenrJassignment under thegrant, the employees/assignee will:I. Abide by the terms of the statement. and2. Notify the applicant agency and Grants Coordinator for the Office of the Attorney General of any criminal drug statute

conviction for a violation occurring in the workplace not later than five days after such conviction.E. Notifying the agency within ten days after receiving notice under subparagraph (0)(2) from an employee/assignee or otherwise

receiving actual notice of such conviction.F. Taking one of the following actions with respect to any employee/assignee so convicted:

I. Taking appropriate personnel action with respect to any employee/assignee so convicted;2. requiring such employee/assignee to participate satisfactorily in a drug abuse assistance or rehabilitation program

approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.G. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of paragraphs (A), (B), (C).

(D), (E). and (F).

, certify (initial the appropriate choices):- The applicant agency currently expends combined federal/state funding ofS300,000 or more, and, therefore, is required to submit an annual

single audit by an independent auditor made in accordance with the Single Audit Act Amendments of 1996 and OMS Circular A-133.- The applicant agency currently expends combined state funding ofS3oo,Ooo or more, and, therefore, is required to submit an annual single

audit by an independent auditor made in accordance with the Uniform Grant Management Standards (UGMS).- The applicant agency currently expends no federal/state funding or combined federal/state funding of less than $300,000 and therefore is

exempt from the Single Audit Act and cannot charge audit costs to a OVAG AND VCLG grant. I understand, however, that OAG mayrequire.a limited scope audit as defined in OMS Circular A-l33.

'fthis application is for funds in excess ofS25,ooO, I certify that (initial the appropriate choice):- By submission of this proposal, that neither the applicant agency or its principals are presently debarred. suspended, proposed for debarmenL

dc:cian:d inc:ligible, or voluntarily excluded from participation in this transaction by any federal department or state agency.1_ ....... '"" ....."....· ..,. __ .................,- •.......- ..... ........-

I certify that to the best of my knowledge and belief:That the applicant entity will follow the guidelines in the Uniform Grant Management Standards (UGMS) as required for all governm~ntal entitiesBoth governmental entities as well as non-profit entities are required to follow all UGMS guidelines.

, certify that to the best of my knowledge and belief:

The applicant entity will follow all of the following assurances.The Applicant hereby assures and certifies compliance with all Federal/state statutes, regulations, policies, guidelines and requirements, including OMS Circul:lJs No .-\.21. A·II O. A·122. A-128. A-8?; EO 123 72 and Uniform Administrative Requirements for Grants and Cooperative Agreements·28 CFR, Part 66. Common Rule. thaigovern the application. acceptance and use of Federal/stale funds for this federally/stately-assisted project Also the Applicant assures and cendies that

13

147

COMPREHENSIVE CERTIFICATION FORM CON'T.1. It possesses legal authority 10 apply for the grant; that a resolution. motion or similar action has been duly adopted or passed as an otlicial act of the

applicant's governing body. authorizing the filing of the application, including all under-standings and assurances contained therein, and directing andauthorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additionalinformation as may be required.

2. It will comply with requirements ofthe provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 RL ~1-646) whichpr.ovides for fair and equitable treatment of persons displaced as a result of FederaVstate and federally/stately-assisted programs. . .

3 It will comply with provisions of Federal andlor state law which limit certain political activities ofemployees ofa State or local unit of government whoseprincipal employment is in connection with an activity financed in whole or in part by Federal andlor state grants. (5 USC 1501, et seq.)

4. It will comply with th~ minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable.

5. It will establish safeguards 10 prohibit employees from using their positions for a purpose that is or give the appearance of being motivated by a desire forprivate gain for themselves or others. particularly those with whom they have family. business. or other ties.

6. It will give the sponsoring agency Or the Comptroller General. through any authorized representative. access 10 and the right 10 examine all records, books,papers. or documents related 10 the grant

7. It will comply with all requirements imposed by the Office of the Attorney General or by a sponsoring Federal agency. if applicable. concerning specialrequirements of law, program requirements. and other administrative requirements.

8. It will insure that the facilities under its ownership. lease or supervision which shall be utilized in the accomplishment of the project are not listed in theEnvironmental protection Agency's (EPA-list of Violating Facilities and that it will notify the Federal granlOr agency of the receipt of any communicationfrom the DireclOr of the EPA Office of Federal Activities indicating that a facility 10 be used in the project is under consideration for listing by the EPA

9. It will comply with the flood insurance purchase requirements ofSection 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat.975, approved December 31,1976. Section 102(a) requires. on and after March 2,1975. the purchase of flood insurance in communities where such insuranceis available as a condition for the receipt ofany Federal financial assistance for construction or acquisition purposes for use in any area that had beenidentified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase 'Federal financialassistance' includes any form ofloan. grant, guaranty. insurance payment, rebate, subsidy. disaster assistance loan or grant. or any other form of direct orindirect Federal assistance.

10. It will assist the Federal andlor state grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16USC 470), Executive Order 11593. and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-l. et seq.) by (a) consulting with the StateHistoric Preservat.ion Officer on the conduct ofinvestigatioll$. as necessary. 10 identify properties listed in or eligible for inclusion in the National Register ofHistoric Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity. and notifying the Federal andlor State granlOr agency of theexistence ofany such properties. and by (b) complying with all requirements established by the Federal andlor state: grantor agency to avoid or mitigateadverse effects upon such properties.

II. It will comply. and assure the compliance ofall its subgrantees and contraelOrs. with the applicable provisions ofTitle I of the Omnibus Crime Control andSaleStreets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims ofCrime Act, as appropriate; the provisions of thecurrent edition of the Ofiice ofJustice Programs Financial Guide; and all other applicable Federal andlor state laws. orders. circulars, or regulations.

12. It will comply with the provisions of28 CFR applicable 10 grants and cooperative agreements including Part 18. Administrative Review Procedure; Part 20,Criminal Justice Infonllation Systems; Part 22. Confidentiality of Identifiable Research and Statistical Information; Part 23. Criminal Intelligence SystemsOperating Policies; Pan 30. Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination! Equal EmploymentOpportUnity Policies and Procedures; Part 61. Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management andWetland Protection Procedures; and Federal laws or regulations applicable 10 Federal Assistance Programs.

13. It will comply, and all its contractors will comply. with the nondiscrimination requirements of the: Omnibus Crime Control and Safe Streets Act of 1968. asamended. 42 USC 3789(d), or Victims ofCrime Act (as appropriate); TItle VI of the Civil Rights Act of 1964, as ame:nded; Section 504 of the RehabilitationAct of 1973. as amended; Subtitle A. TItle II of the AmericlllS With Disabilities Act (ADA) (1990); TItle IX of the Education Amendments of 1972; the A~e

Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations. 28 CFR Part 42. Subparts C. D, E. and G; and Department of Justice regulations on disability discrimination. 28 CFR Pan 35 and Part 39.

14. In the event a Federal or State court or Federal or State administrative agency makes a finding ofdiscrimination after a due process hearing on the grounds 0 frace, color, religion. national origin, sex. or disability against a recipient of funds. the recipient will forward a copy of the finding to the Oflice for CivilRights. Office ofJustice Programs.

Grant Appilcatlor, KIt - FY 04-05 14

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Nonprocurement Debarment CertificationLISTS OF PARTIES EXCLUDED FROM FEDERALPROCUREMENT OR NONPROCUREMENT PROGRAMS

A user of the List of Parties should refer to the appropriate cause andtreatment code explanation before determining a listed party's status.

Electronic Supplement

How To Obtain Copies

Telephone Inquiry Service:

For further information on how to access the electronic bulletin board.call Mrs. Juan L. Smith at (FTSI202) 523-4873.

300 baud 294-05241200 baud 294-0521

300 baud 535-83081200 baud 535-76612400 baud 786-9014

300 baud (202) 535-83081200 baud (202) 535-76612400 baud (202) 786-9014

Nonfederal persons or organizations interested in obtainingsubscriptions to the Lists of Parties should contact the Superintendentof Documents, U.S. Govemment Printing Office, Washington, D.C.20402. The telephone number is (202) 783-3238 on commercial linesor 783-3238 on the FTS (Federal Communications System).

A weekly supplement to the Lists of Parties is available on GSA'sInformation Resources Center electronic bulletin board. When usingthe latest issue of the publication, the electronic supplement willprovide up-to-date information on excluded parties.

Federal agencies may purchase annual bulk subscriptions to the Listsof Parties at cost from the U.S. Govemment Printing Office.Agencies should arrange for their own intemal distribution. Theagency contracts under the heading "For Additional Information" areaware of the procedures for purchasing and distributing subscriptioncopies.

FTS

AUTOVON

COMMERCIAL

To use the electronic bulletin board, you must have access to anasynchronous, ASCII terminal (e.g., a word processor or amicrocomputer) equipped with communications software and a"modem" or "coupler." A modem is a device that permits signalsfrom the terminal to be sent across the telephone lines. Users canaccess the bulletin board using AUTOVAN, FTS, or commerciallines. The telephone numbers are:

The Lists of Parties Excluded from Federal Procurement orNonprocurement Programs, issued monthly, identities those partiesexcluded throughout the U.S. Govemment (unless otherwise noted)from receiving Federal contracts or federally approved subcontractsand from certain types of Federal financial and nonfinancial assistanceand benefits.

Purpose of List of Parties

The Lists of Parties Excluded from Federal Procurement orNonprocurement Programs supersedes the Consolidated List ofDebarred,Suspended, and Ineligible Contractors. The new Lists ofParties incorporates all listings of the superseded Consolidated Listand has a new, additional section, Parties Excluded fromNonprocurement Programs. It is maintained by the U.S. GeneralServices Administration (GSA) for the use of Federal agencies andothers involved in Federal programs and activities. The Lists ofParties is structured in accordance with a recommendation from theInteragency Committee on Debarment and Suspension.

The lirst section, Parties Excluded from Procurement Programs, listscontractors that are excluded govemment-wide, unless otherwisenott:d. from Federal procurement and/or sales programs. Such anexclusion maybe based on the administrative debarment orsuspension ora contractor by an agency in accordance with FederalAcquisition Regulation (FAR) 9.4, Federal Property ManagementRegulations (FPMR) 101-45.6, Govemment Printing Office (GPO)Instructions ·11 0.11 A, or U.S. Postal Service (PS) Publication 41. Anexclusion may also be the result of action by a Federal agency underthe authority of a statute, executive order, or regulation applying toprocurement programs.

The functions of the two sections of the Lists of Parties are distinctand are explained below.

The st:cond section, Parties Excluded from NonprocurementPrograms.!ists person (individuals and entities) excludedgovemment-wide, unless otherwise noted, from certain types ofFederal financial and non-financial assistance and benefits. Anexclusion may be based on an administrative debarment or suspensionby any Federal agency or the voluntary exclusion of a person underagency regulations implementing Executive Order 12549. PartiesExcluded from Nonprocurement Programs also includes actions underthe authority of a statute, another executive order, or a regulationapplying to nonprocurement programs.

For either section, the treatment to be accorded to a party listeddepends on the type of exclusionary action and the authority underwhich the action was taken. The cause for the exclusion and thetn:atment of the party excluded are noted by a code in the listing.These codes are explained under the heading "Cause and TreatmentCodt:s" forthe Parties Excluded from Procurement Programs and thePartit:s Excluded from Nonprocurement Programs.

A telephone-inquiry answering service is available in GSA's Office ofAcquisitionPolicy for general questions about entries in the List ofParties. The number to call either during or after normal businesshours is (FTS202) 786-0688. Your call will be recordt:d andanswered either the same day or the following working day.

Grant Application Kit - FY 04-05 15 6/27/2003

149


Prior to the release of funds by OVAG and VCLG for federal grants, your agency/program must review, sign, and return to the Grants Coordinator forthe Office of the Attorney General the attached OJP Form 406111-eertification Regarding Debarment, Suspension, Ineligibility, and VoluntaryExclusion. Lower Tier Covered Transactions.1 The form must be signed by the Authorized Official designated in the grant.

The U.S. Attorney General Order No. 1271-88, published in the Federal Register, Volume 53, No. 102, May 26. 1988, announced the adoption of agovernment-wide uniform system on Nonprocurement Debarment and Suspension that will be applicable to the nonprocurement assistance activitiesof the offices, bureaus, and divisions of the Department ofJustice which have grant-making authority.2 All agencies/organizations receiving federalfunds from OVAG AND VCLG in the amount of $25,000, or more, must complete OJP Form 406111 (9/88) which certifies that neither theagency/organization or its officers are debarred, suspended, ineligible, or are voluntarily excluded from receiving federal funds before entering into afinancial agreement (i.e., grants and contracts).] In addition, any organization contracting for goods and/or services of $25,000 or more (federal funds)must secure the same certification from the prospective contractor. The latter certifications must accompany the contract which, by requirement, issent to OAG for approval.

Agencies/organizations must base their certification upon a review of the monthly publication "Lists of Parties Excluded from Federal Procurement orNonprocurement Programs" and the weekly supplements to that issued prepared by the U.S. General Services Administration, to confirm that theagency/organization or its officers are not ineligible. Attached is an information sheet that explains the "List of Parties ...." and how to obtain it.

INSTRUCTIONS FOR NONPROCUREMENT DEBARMENT CERTIFICATIONI. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it islater determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to theFederal Government. the department or agency with which this transaction originated may pursue available remedies, including suspension and/ordebarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time theprospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changedcircumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction;' "participant." "person;' ;'primary coveredtransaction," "principal," "proposal," and "voluntarily excluded," as used in this clause. have the meanings set out in the Definitions and Coveragesections of rules implementing Executive Order 12549.

5. The prospective lower tier participant agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion· Lower Tier Covered Transactions," without modification, in all lower tier covered transactionsand in all solicitations for lower tier covered transactions.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification RegardingDebarment. Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier coveredtransactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is notdebarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participantmay decide the method and frequency by which it determines the eligibility of its principal. Each participant may check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment ofa system of records in order to render in good faith thecerti fication required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by aprudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lowertier covered transaction with a person who is suspended, debarred, ineligible. or voluntarily excluded from participation in this transaction, in additionto other remedies available to the federal government. the department or agency with which this transaction originated may pursue available remedies.including suspension and/or debarment.

'Lower Tier Covered Transactions may be interpreted as any grant or contract transaction of$25,Ooo or more at the state or lower level.

lNonprocurement may be interpreted as any form ofgrant or contract having the principal purpose ofassistance activities. rather than federal procurementactivities.

'Agency/organizations may be interpreted as the entity in whose name the grant or contract is awarded. Ofticers of the agency/organization may beinterpreted as any of the following persons who will have critical influence on or substantive control over that transaction (i.e., grant or contract): members ofgovemingboards. directors. other employees, and consultants. Participation in this transaction, in addition to other remedies available to the Federal Govemment, the departmentor agency with which this transaction originated may pursue available remedies. includingGrant Application Kit - FY 04·05 16 6/27/2003

150

July 15, 2\>03

MISCELLANEOUS

1) PLANNING & DEVELOPMENT DEPARTMENT - requests approval for anadditional fifteen day project extension to Bonner Associates for the demolition andreconstruction projects located at 211 Dewitt and 1215 Hart, Wilmer, Texas (Bid#2003-044-1279 & Bid #2003-042-1277) due to rain days and delays with Oncorreconnecting the electrical service tie-in. Staff is requesting that all fees be waivedfor these projects and fmal completion date of July 15,2003 be accepted.

2) HEALTH & HUMAN SERVICES DEPARTMENT - requests approval for Dr.Karine Lancaster be reappointed as County Health Authority as required by Article4436b, Vernon's Civil Statutes, and Section 121.033 ofthe Health and Safety Code,for a term of two years effective May 1, 2003.


3) NORTH AMERICA'S SUPERHIGHWAY COALITION, INC. - requestsapproval for payment in the amount of $15,000 for Dallas County, Texas NASCOAnnual Membership Dues for FY2004. The Commissioners Court may wish to delayparticipation pending FY2004 budget considerations.

4) COUNTY COURT AT LAW NO.10 - requests approval to reimburse overpaymentin the amount of $387.80 to Judge Lisa Fox that was deducted from her payrollcheck. Judge Lisa Fox was appointed Judge of County Criminal Court No. 10 inMay 2002 and therefore allowed free parking in the Judges parking garage at theFrank Crowley Courts Building. Judge Fox was parking in the employee and publicparking garage and was paying on a monthly basis through payroll deductions. Thepayroll deductions continued through June 6, 2003 (approximately 13 months) andwent undetected by Judge Fox resulting in her overpaying the monthly parking fees.The Auditors Payroll division has validated the overpayment and will handle thereimbursement through the normal payroll process.

1 5 1

5) FACILITIES MANAGEMENT DEPARTMENT - requests approval:

a) to proceed with modifications to the second floor of the North DallasGovernment Center at 10056 Marsh Lane. This work has been requested bythe Dallas Area NorthStar Authority (DANSA). The minor modificationsinclude reconfiguring two offices, carpet replacement and re-keying of eightoffices. Estimated cost is $3,777. DANSA is providing funds to pay for thesemodifications.

b) for the use of Commissioners Court by The North Central Texas Council ofGovernments for a meeting to discuss some regional transportation topics onAugust 12, 2003 from 6:00 p.m. to 8:30 p.m. Facilities Management willprepare the necessary Building User Permit. Dallas County Security willprovide on Security Officer for the event.

6) OFFICE OF BUDGET & EVALUATION - requests approval:

a) to transfer $7,833 from Emergency Reserves to the DDA Account of theDistrict Clerk and five courts to replace funds that were initially withheldpending the November 2002 Elections results.

b) to allow the Sheriffs Office to double fill the Detention Service Officerpositions that are currently on military leave. All of these positions arecurrently on leave without pay status (LWOP). These double fills would betemporary until the military personnel return. Please refer to the informationalitem regarding the length of time each employee will be on militaty leave.The following positions numbers would be filled:

(Please Refer to Information Item No. 2b)

5513 North Tower2069 North Tower6048 Kays Jail2174 George Allen Jail5543 Central Intake

5630 North Tower2214 West Tower2150 George Allen Jail1568 Central Intake7701 Food Services

TRAVEL REQUESTS

7) INSTITUTE OF FORENSIC SCIENCES - requests approval for Kimberlee Allen,Lisa Sweetland, Evelyn Ridgley, Ken Balagot, and TiIllothy Sliter to attend theAssociationofForensic DNA Analysts Training Conference in Austin, Texas on July30 through August 1, 2003 in a County vehicle with gas credit cards: $925 isavailable in General Fund, Crime Lab Department, Conference Travel Account, FYBudget 2003, (00120.3311.04210.2003). (Re-briefeddue to omission of the use ofa County vehicle, was previously briefed on July 8, 2003)

152

8) ELECTIONS DEPARTMENT - Toni Pippins-Poole to attend the Secretary ofState 21st Annual Law Seminar-Voter Registrars/Elections Administrators 2nd Sessionin Austin, Texas on August 24-27, 2003 use of a rented mini van: $300 (to be fullyreimbursed by the State) is available in General Fund, Elections Department,Business Travel Account, FY Budget 2003, (00120.1210.04010.2003). (Re-briefeddue to the omission of the request for approval to rent a mini van, was briefedon July 8, 2003)

9) HEALTH & HUMAN SERVICES- DEPARTMENT - requests approval for:

a) Jennifer McMillian to attend a Provider Survey Training in Austin, Texas onJuly 28-29, 2003 at no cost to Dallas County.

b) Janet Moore and Steven King to attend a required ISTDI Course for New DISin Nashville, Tennessee on August 10-21, 2003: $4,961.34 is available inGrant Fund, VD Epidemiology Department, Conference Training Account,FY Budget 2003, (00466.8706.02460.2003).

c) Saleha Faheem and Juan Muratalla to attend the 2003 National WeatherizationConference in Phoenix, AZ on August 18-21, 2003: $2,120 is available inGrant Fund, HHSIWAP Department, Training Fee Account, FY Budget 2003,(00466.8308.02460.2003).

d) Carolyn Washington, to attend the National Network of Prevention TrainingCenters in Denver, CO on September 8-11,2003: $1,076.19 is available inGrant Fund, STD Prevention Training Center, Conference Training, FYBudget 2003, (00466.08709.02460.2003).

e) LaShonda Kissentaner and Alma Annendarez to attend the National Networkof Prevention Training Centers in Denver, CO on September 8-12, 2003:$2,791.48 is available in Grant Fund, STD Prevention Training CenterDepartment, Conference Training Account, FY Budget 2003,(00466.08709.02460.2003).

EXCEPTION TO TRAVEL REOUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED

153

MISCELLANEOUS EOUIPMENT

(1)

(2)

(3)

DEPARTMENT: 5340

ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 5420ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 4821ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

Facilities Management - Wilmer Substance AbuseFacility1 - Sewer Machine ($1,280)$1,280Within Budget00 120.5340.02090.2003{General Fund, WilmerSubstance Abuse Facility, Property less than $5,000,FY2003)Facilities Management requests authorization topurchase one SewerMachine to maintain safe sanitarysewer conditions at the Wilmer Substance Abusefacility. The machine will allow staff to unstop largelines. The funds are available from within budget asthe department has budgeted funds in PlumbingSupplies and Small Tools line items that will pay forthe entire amount of the Sewer Machine.Recommended by the Office of Budget andEvaluation.

Truancy Courts1 - Refrigerator$500DDA00120.5420.02090.2003 (General Fund, TruancyCourts Department. Property under $5,000 FY2003)The Truancy Court Coordinator is requesting topurchase a refrigerator from the court's DDA. Therequested equipment will be utilized for court staff atthe north location. The Commissioners CourtAdministrator has agreed to provide $150 to theTruancy Courts to assist in the purchase of this item.Recommended by Office of Budget & Evaluation.

Justice of the Peace Cooper1 - Lateral File Cabinet$383Emergency Reserves00120.4821.02090.2003 (General Fund, Justice of thePeace, 2-1. Department, Property under $5,000FY2003)

(4)

(5)

PROPOSED ACTION:

DEPARTMENT: 1090ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:PROPOSED ACTION:

DEPARTMENTS: 4703ITEMS:ESTIMATED COST:FUNDING SOURCE:PROPOSED ACTION:

154

Justice of the Peace Cooper is requesting to purchasea lateral file cabinet to file warrants that are issuedfrom AutoCite. Recommended by Office ofBudget &Evaluation.

Data Services Department1 - Lateral File CabinetN/A (Surplus Equipment)N/AN/AData Services Department requests to transfer fromsurplus a lateral file cabinet to the Web Manager'soffice. Recommended by Office of Budget &Evaluation.

Probate Court 31 - Desktop Computer$1,713DDAJudge Joe Loving of the 3ed Probate Court isrequesting permission to expend funds for a DesktopComputer. He is volunteering DDA funds to pay forthe cost of a new machine. Recommended by theOffice ofBudget and Evaluation.

TELECOMMUNICATION REOUESTS

IT Services D-0306011 requests to repair an existing 8 strand fiber link from BBO 17 to the3rd floor Infmnary at the LSJC. Installation: $435.00; no recurring cost. Recommended.

Juvenile - requests:M-0306045 & D-0306013 to relocate the Substance Abuse department staffwith fourteenphone lines, ten data-lines, one network printer and one fax machine to a different area ofthe building. Phone installation: $480.00; Data installation: $260.00; no recurring cost.Recommended.

M-0306075 to install a phone line on the 2nd floor room A222 to relocate a multi-line phonedue to changes in the department. Installation: $190.00; no recurring cost. Recommended.

155

Health & Human Services D-0306016 requests to install data-line cables on the 7th floorroom 701 to provide access for the Housing Inspectors. Installation: $843.00; no recurringcost. Recommended.

Public Works M-0306069 requests to relocate a single-line phone to new location due tochanges in the department. Installation: $41.50; no recurring cost. Recommendel;l.

Criminal District Court Mana~erM-0306070 requests to install a single-line to be usedwith a fax machine on the 6th floor room All. Installation: $41.50; no recurring cost.Recommended.

Sheriff Intake - requests:D-0306028 to install a new data-line cable in room B1005 on the 1st floor to relocateexisting workstation. Installation: $58.75; no recurring cost. Recommended..

D-0306025 to install a data-line cable the C holding area on the 1st floor to provide access.Installation: $58.75; no recurring cost. Recommended.

County Clerk M-0306078 requests to install a multi-line phone on the 2nd floor of theRecords building. Installation: $95.00; no recurring cost. Recommended.

Grand Jury D-0306027 requests to install a data-line to provide access to network.Installation: $58.75; no recurring cost. Recommended.

Constable Precinct 2 D-0306026 requests to install a data-line cable to provide access tonetwork. Installation: $91.75; no recurring cost. Recommended.

Road & Brid~e District 2 M-0301007 requests to install a phone line to replace existingdamaged cable. Installation: $41.50; no recurring cost. Recommended.

J. P. Court Precinct 1-1 M-0302048 requests to reprogram system to route incoming callsto the appropriate court. Installation: $0.00; labor provided by contract; no recurring cost.Recommended.

Health & Human Services M-0303051 requests to upgrade multi-line phone in the TitleI 2000 area. Installation: $0.00; labor provided by contract; no recurring cost.Recommended.

Juvenile District 9 M-0303049 requests to reprogram and make changes to several phonesin the department. Installation: $0.00; labor provided by contract; no recurring cost.Recommended.

156

Constable Precinct 5 M-0303038 requests to connect two phone lines in the Trafficdivision and make additional programming changes. Equipment: $74.00; Installation: $0.00;no recurring cost. Recommended.

Constable Precinct 3 M-0303037 requests to replace a single-line phone with a multi-linephone due to the need of the department. Equipment: $74.00; Installation: $0.00; norecurring cost. Recommended.

Juvenile M-0212010 requests to install a data-line cable to provide access to network.Installation: $176.25; no recurring cost. Recommended.

Funding for the above request is available from countywide Department 800, line item 432,Telephone Contingency.