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DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

October 15,2002

REPORTSIRECOMMENDATIONSIREQUESTS

1) COUNTY TREASURER

PAGE NOS.

a) Proposed 2003 Dallas County Investment Policy andFinancial Brokers List , 4-23

b) Old Paid Canceled Bonds Donation . . . . . . . . . . . . . . . . . . . . . . . . .. 24

2) HEALTH & HUMAN SERVICES

a) Weatherization Assistance Systems Benefit Fund Program 25-28

b) TDH Contract No. 7560009056 2003, Attachment No. 19Tuberculosis Elimination 29-36

c) TDH Contract No.7560009056 2003, Attachment No. 18TB Refugee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37-45

d) North Texas Food Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46

e) Renewal Memorandum of Agreement with Baylor University .... 47-58

f) Professional Services Contract Request for Proposalsto Update the Comprehensive HIV Services Plan 59-91

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3) JUVENILE DEPARTMENT

Approval to Conduct 4th Annual Conference on theTreatment and Supervision of Juvenile Sex Offenders 92-93

4) ENGINEERING & PROJECT MANAGEMENT

Dallas County "Old Red" Courthouse, Preservationand Restoration, Phase I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 94

5) PURCHASING DEPARTMENT

a) Award to other than the lowest bidder; Bid No. 2002-171-1215Upgrade an Existing Site Electrical Service . . . . . . . . . . . . . . . . . . .. 95

b) Contract Extension - Annual Contract for the Printing andMailing of Tax Statements; Bid No. 2000-207-591 96-97

6) MANAGEMENT INFORMATION SYSTEMS

JP Ticket Program Web Development 98-105

7) GOVERNMENT AFFAIRS

State Criminal Alien Assistance Program . . . . . . . . . . . . . . . . . . . . . .. 106-111

8) HUMAN RESOURCE/CIVIL SERVICE

a) County Court @ Law No.2 - Approval of DDA Plan 112-115

b) PEBC Recommended EPO and PPO Benefit PlanDesign Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 116-118

c) Professional Conference Attendance 119-125

d) Contract with Beech Street Corporation for BenefitsProvider Network 126-156

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9) OFFICE OF BUDGET AND EVALUATION

a) Dallas County Safe Havens: Supervised Visitationand Safe Exchange Grant Program Collaborative 157-180

(COURT ORDER ON FORMAL AGENDA)

b) Double-fill for Justice of the Peace, Precinct 2-1 (Sholden) 181-182

10) Miscellaneous, Travel Requests, Miscellaneous Equipment,and Telecommunications Requests . . . . . . . . . . . . . . . . . . . . . . . . . . .. 183-188

11) PUBLIC COMMENTS

Speakers , N/A

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

1. Minister's Letter of Appreciation

2. Letters to: Senators Gramm and Hutchisonand Representatives Frost, DeLay and Armey

(Regarding SCAAP - Refer to Briefing Item No. 7)

DATE(s) TO REMEMBER

4DALLAS COUNTY

BILL MELTONCOUNTY TREASURER

October 9,2002

FOR BRIEFINGOCTOBER 15, 2002

Hon. Commissioners CourtAdministration Building411 Elm StreetDallas, Texas 75202

Dear Members of the Court:

Enclosed you will find a letter from the Dallas County Financial Review Committeerecommending the attached Dallas County Investment Policy for 2003 as well as the attached listofDallas County Brokerage Firms for 2003, which includes two additional Brokers, Bear Stearns& Co., Inc. and MBIA, Inc. (Investment Pool).

We seek the concurrence of the Commissioners Court regarding these proposals to proceed to .formal approved and implementation ofthe Investment Policy and Contracts with these FinancialBrokers for 2003.

1:.~1-~eltOn

County Treasurer

BMlblm

xc: Dallas County Financial Review Committee

509 MAIN STREET • 303 RECORDS BUILDING • DALLAS, TEXAS 75202 • (214) 653-7321 • Bmelton@dallascounty.org

5DALLAS COUNTY

BILL MELTONCOUNTY TREASURER

October 9,2002

Honorable Commissioners CourtAdministration Building - 2nd Floor411 Elm StreetDallas, Texas 75202

Dear Members of the Court:

The Dallas County Financial Review Committee has reviewed the attached proposed Dallas CountyInvestment Policy for 2003, as developed by the County Treasurer, which is compliant with thePublic Funds Investment Act, as well as the County Treasurer's proposed additions to the FinancialBrokerage List for 2003, and hereby recommends that the Commissioners' Court adopt this Policyas the official DALLAS COUNTY INVESTMENT POLICY, effective January 1, 2003, as well as theCounty Treasurer's recommendations for additions to the Dallas County Financial Brokerage Listfor 2003.

Cordially,

DALLAS COUNTY FINANCIAL REVIEW COMMITTEE

'f3iIIMeltOn, ChairmanCounty Treasurer

Irgl a PorterCounty Auditor

Ryan rownBudget Officer

et Ferguson'stant District Attorney

en Clemson tv-ro .omm. Court Administrator

509 MAIN STREET • 303 RECORDS BUILDING • DALLAS. TEXAS 75202 • (214) 653-7321 • Bmelton@dal1ascounty.org

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DALLAS COUNTY TREASURER

REVIEW OF BROKERAGE FIRMS

OCTOBER 2002

The following brokerage firms with a Public Funds Group in Dallas and/or Texas have contactedthe Dallas County Treasurer to be considered for addition to the County's approved Broker's list.

Brokerage Firms

Trade in Repos

Primary Dealer inGoyemment Agencies

Primary Dealer inCommercial Paper

Recommended ByCounty Treasurer

Bear Steams & Co. Inc.

Yes

FNMA, FHLB, FHLMC

Yes

Yes

MBIA,lnc.

Investment Pool

Investment Pool

Investment Pool

Yes

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DALLAS COUNTY TREASURER

FINANCIAL BROKERAGE FIRMS AND BANKS

2003

Amherst Securities Group

Bank of America, N.A.

Bear Steams & Co., Inc.

Coastal Securities, L.P.

First Southwest Company

Legg, Mason, Wood, Walker, Inc.

MBIAInc.

Merrill Lynch

Morgan Keegan & Company, Inc.

Morgan Stanley Dean Witter & Co.

PaineWebber, Inc.

Prudential Securities, Inc.

Raymond James

Salomon, Smith, Barney, Inc.

SBK-Brooks Investment Corp

SWS Securities

Texas Capital Bank

Wells Fargo

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DALLAS COUNTY INVESTMENT POLICY

I. OBJECTIVES

The Objectives of the Dallas County Investment Policy shall be:

To set forth the methods, means, and goals of financial investment and debt managementoperation for Dallas County.

To insure the financial security and optimum liquidity of Dallas County funds at all times.

To assist Dallas County in achieving the maximum total investment of Dallas County fundsin a prudent manner at all times.

To assist Dallas County in achieving the maximum interest yield on Dallas County funds at alltimes through methods allowed under Federal and State Law and in accordance with thecurrent Dallas County Bank Depository Contract.

II. STANDARD OF CARE

Dallas County investments shall be made with the judgement and care, under prev~iling

circumstances, that a prudent person would exercise in the management of the penon's own acrain.Safety shall be the first priority, adequate liquidity the second, and yield the third priority. Individualinvestments shall be made in a manner consistent with this Policy. Unless authorized by law, a personmay not deposit, withdraw, transfer, or manage in any other manner the funds of Dallas County.

III. INVESTMENT STRATEGY

Dallas County maintains portfolios which utilize four specific investment strategy considerationsdesigned to address the unique characteristics of the fund groups represented in the portfolios.

General Operating Funds

Dallas County's investment strategy for General Operating Funds shall be made to ensure thatanticipated casll Dows are matched with adequate investment liquidity.

Bond Operatinl Funds

Dallas County shall utilize an investment policy for Bond Operating Funds to generate a dependablerevenue stream for the appropriate debt service funds consistent with the Dallas County InvestmentPolicy and State law.

COPYRIGHT <c Dallas County Treasurer, 2003

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Debt Service Funds

Dallas County sball utilize as tbe primary objective for tbe investment ofDebt Service Funds adequateliquidity to cover the debt service obligation ofDallas County on required payment dates. Investmentssball not bave a stated final maturity date wbicb exceeds tbe appropriate debt service payment date.

Special and Trust Funds

Dallas County sball invest Special and Trust Funds in accordance witb State law and tbe DallasCounty Investment Policy to tbe maximum ability tbat sucb investments may benefit Dallas Countydirectly, or utilize said funds in a metbod tbat sucb funds may benefit Dallas County indirectly.

General Straten

Dallas County's investment portfolio sball consist of a variety ofsecurities wbich may include any orall of tbe autborized investments listed in Section VII., Authorized Investments, of this Policy.

It sball be tbe general practice of Dallas County to utilize an investment strategy based on Section II,Standard of Care, of this Policy, wbich also defines yield objectives, as well as Section 2256.006,Government Code, and shall participate in a daily auction offunds for investment through contractedfinancial brokers and/or banks to the highest and best bidder or invest funds directly with theDepository Bank and expect that all related collateral confirmations thereto be confirmed andreceived within the required time frames. Dallas County shall in general be conservative in itsinvestment programs consistent with Section VIII. Investment Implementation, of this Policy asadministered by a qualified, capable investment staff' in the County Treasurers Office. Allinvestments shall be collateralized at a minimum of 103% of par value.

It is Dallas County's intent to bold purcbased securities to the stated maturity date and to haveinvested in such a manner to insure both the safety and liquidity of such transaction. In the event;however, tbe need arises to sell securities before the stated maturity date, said securities shall beanalyzed to determine the appropriate time to liquidate said securities and minimize any potentialreal or book value loss to Dallas County.

The Dallas County Investment Portfolio shall not exceed a Weighted Average Maturity Life of twoyears for the entire Investment Portfolio.

IV. DEPOSIT OF FUNDS

All funds received by Officials of Dallas County shall be officially deposited with the CountyTreasurer upon receipt or the next day after receipt and in accordance with prescribed policy andprocedure; however, without exception, all funds shall be deposited within seven (7) days from thedate of collection by said officer, in accordance with State Law.

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V. INVESTMENT OFFICER

As chief custodian of Dallas County funds, the County Treasurer of Dallas County shall be theInvestment Officer for DaUas County funds.

Should at any time the County Treasurer have a personal business relationship with a businessorganization offering to engage in an investment transaction with Dallas County, the CountyTreasurer will file a Disclosing Statement with the Texas Ethics Commission and the Dallas CountyCommissioners Court. Further, the County Treasurer shall comply with the Public Funds InvestmentAct, 74th Texas Legislature, 1995, amended, 75th Texas Legislature, 1997, as pertaining toinvestments and personal relationships with such business organizations.

Dallas County Treasurer Deputies authorized to make investment transactions on behalfofthe DallasCounty Treasurer who have a personal business relationship with a business organization offeringto engage in an investment transaction with Dallas County shall file a Disclosing Statement with theDallas County Treasurer.

It is understood at all times that the control and general fiduciary responsibility of Dallas Countyfunds is vested in the Commissioners Court of Dallas County and said right of investment ormanagement is extended by the Commissioners Court to the County Treasurer in its behalf.

VI. INVESTMENT AUTHORIZATION

In order to allow the maximum flexibility for the investment of Dallas County funds, the DallasCounty Commissioners Court extends to the County Treasurer, and his authorized Deputies, fullauthority for the investment of DaUas County funds between meetings ofthe Commissioners Court,official approval of which shall be made by said Court in Court Order form at the next officialmeeting of the Commissioners Court.

The County Treasurer is hereby authorized to utilize internal and external electronic wire transferinvestments or Dallas County checks for between Court investment transactions and to release sameas required.

VII. AUTHORIZED INVESTMENTS

In accordance with authorizing Federal and State Laws, Dallas County's Depository Contract, andappropriate approved collateral provisions, Dallas County may utilize the following methods for theinvestment of Dallas County funds:

1. Obligations of the United States or its agencies and instrumentalities.

2. Direct obligations of the State of Texas or its agencies and instrumentalities.

3. Collateralized mortgage obligations directly issued by a federal agency or instrumentality of

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the United States, the underlying security for which is guaranteed by an agency orinstrumentality of the United States.

4. Other obligations, the principal of and interest of which are unconditionally guaranteed orinsured by, or backed by the full faith and credit of, the State ofTexas or the United States ortheir respective agencies and instrumentalities.

5. Obligations of states, agencies, counties, cities, and other political subdivisions of any staterated as to investment quality by a nationally recognized investment rating firm not less thanA or its equivalent. However, in accordance with the provisions of Section 2256.009(b)Government Code, the following are not authorized investments under this section:

a. Obligations whose payment represents the coupon payments on the outstanding principalbalance of the underlying mortgage-backed security collateral and pays no principal.

b. Obligations whose payment represents the principal stream of cash flow from theunderlying mortgage-backed security collateral and bears no interest.

c. Collateralized mortgage obligations that have a stated fmal maturity date ofgreater than10 years. .

d. Collateralized mortgage obligations the interest rate of which is determined by an indexthat adjusts opposite to the changes in a market indeL

6. Certificates of deposit issued by a bank, a savings and loan association, or a savings bankorganized under the laws ofthis state, another state, or federal law that has its main office orbranch office in this state which is guaranteed or insured by the Federal Deposit InsuranceCorporation, or its successor; or secured by obligations described in Section 2256.009(a),Government Code, including mortgage-backed securities directly issued by, a federal agencyor instrumentality that have a market value of not less than the principal amount of thecertificates, but excluding those mortgage-backed securities ofthe nature described by Section2256.009(b) Government Code; or secured in any other manner and amount provided by lawfor deposits of the investing entity.

7. Fully collateralized repurchase agreements authorized under Section 2256.011, GovernmentCode, if the repurchue agreement has a defined termination date; is secured by obligationsdescribed by Sections 2256.009(a)(1); and requires the securities being purchased by the entityto be pledCed to the entity, held in the entity's name, and deposited at the time the investmentis made with the entity or with a third party selected and approved by the entity; and is placedthrough a primary government securities dealer, as defined by the Federal Reserve, or afinancial institution doing business in the State of Texu. "Repurchase agreement" means asimultaneous agreement to buy, hold for a specified time, and sell back at a future date,obligations described by Section 2256.009(a)(I) at a market value at the time the funds aredispersed of not less than the principal amount of the funds dispersed. The term includes adirect security repurchase agreement and reverse security repurchase agreement.Not withstanding any other law, the term of any reverse security repurchase agreement may

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not exceed 90 days after the date the reverse security repurchase agreement is delivered.Money received by an entity under the terms of a reverse security repurchase agreement shallbe used to acquire additional authorized investments, but the term of authorized investmentsacquired must mature not later than the expiration date stated in the reverse securityrepurchase agreement

8. Bankers' acceptances, are an authorized investment under Subchapter 2256.012 GovernmentCode, which has a stated maturity of 270 days or fewer from the date of its issuance; will be,in accordance with its terms, liquidated in full at maturity; is eligible for collateral forborrowing from a Federal Reserve Bank; is accepted by a bank organized and existing underthe laws of the United States or any state, if the short-term obligations of the bank, or of abank holding company ofwhich the bank is the largest subsidiary, are rated not less than A-I+or P-I or an equivalent rating of at least one nationally recognized credit rating agency. Suchtransactions shall not exceed 5 % ofthe total Dallas County Investment Portfolio, and all suchendorsing banks shall come only from a list of entities who are constantly monitored as tofinancial solvency.

9. Commercial Paper with a stated maturity of 270 days or fewer from the date of its issuance;which is rated not less than A-l+ or P-l or an equivalent rating by at least two nationallyrecognized credit rating agencies, or one nationally recognized credit rating agency and is fullysecured by an irrevocable letter of credit issued by a bank organized and existing under thelaws of the United States or any state and all such providen ofletten ofcredit shall come'Onlyfrom a list of entities who are constantly monitored as to financial solvency. CommercialPaper shall not generally exceed 30% of the total Dallas County Investment Portfolio. Toavoid a forced liquidation of securities, such transactions may only exceed 30% of the totalPortfolio for a period of not more than ten consecutive business days, the total of which shallnot exceed 35% ofthe total portfolio. Not more than 5% of the total Portfolio shall be in anyone issuer name and not more than 10% of the total Portfolio shall mature on any given day.

10. No-load money market mutual funds regulated by the Securities and Exchange Commissionwhich have a dollar-weighted average stated maturity of90 days or fewer and includes in itsinvestment objectives the maintenance of a stable net asset value of 51 for each share. A no­load mutual fund is an authorized investment under this Subchapter if the mutual fund: isregistered with the Securities and Exchange Commission; provides Dallas County with aprospectus and other information required by Federal law; has an average weighted maturityless than two yean; is invested exclusively in obligations approved by Subchapter 2256.014,Government Code; is continuously rated as to investment quality by at least one nationallyrecognized investment rating firm of not less than AAA or its equivalent; and conforms to therequirements set forth in Sections 2256.016(b) and (c), Government Code, relating to theeligibility of investment pools to receive and invest funds ofinvesting entities. Dallas Countyis not authorized to invest in the aggregate more than 15% of its monthly average fundbalance, excluding bond proceeds and reserves and other funds held for debt service, inmutual funds as herein set forth above; invest any portion of bond proceeds, reserves andfunds held for debt service, in mutual funds herein described above; or invest its funds orfunds under its control, including bond proceeds and reserves and other funds held for debtservice, in anyone mutual fund as herein set out above in an amount that exceeds 10% of the

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total assets of the mutual fund.

11. Dallas County may invest its funds and funds under its control through an eligible investmentpool if the Commissioners Court by official Court Order authorizes investment in theparticular pool. Such investments shall be secured by a Lettet- of Credit and obli2ationsdescribed in Government Code. Sectio~ ~2S6.0(}9(a) and ~.he 1)alJas County Investment

::~~::~::~Vi~~v~~r~~~'~e::I._;U"~~~~~:~;~~lili~~:ss~~:~a level ofa(least 103% afap_tim~~.l!~A.nInvestment pool shall Invest the funds It receives fromentities in authorized investments permitted by State Statutes by providing at a minimum thefollowing information:

a. The types of investments in which money is allowed to be investedb. The maximum average dollar-weighted maturity allowed, based on the stated maturity

date, of the poolc. The maximum stated maturity date any investment security within the portfolio hasd. The objectives of the poole. The size of the poolf. The names of the members of the advisory board of the pool and the dates their terms

expire -g. The custodian bank that will safekeep the pool's assetsh. Whether the intent of the pool is to maintain a net asset value of$1 and the risk of market

price fluctuationI. Whether the only source of payment is the assets of the pool at market value or whether

there is a secondary source ofpayment, such as insurance or guarantees, and a descriptionof the secondary source of payment

j. The name and address of the independent auditor of the poolk. The requirements to be satisfied for an entity to deposit funds in and withdraw funds from

the pool and any deadlines or other operating policies required for the entity to investfunds in and withdraw funds from the pool

I. The performance history of the pool, including yield, average dollar-weighted maturities,and expense ratios.

To be eligible to receive funds from and investments on behalfof Dallas County, an investment poolmust be rated no lower than AAA or AAA-m or at an equivalent rating of at least one nationallyrecognized ratina service.

To maintain eU&ibillty to receive funds from and invest funds on behalf of an entity, an investmentpool must furnish to the investment officer:

A. Investment transaction confirmations

B. A monthly report that contains, at a minimum, the following information:

1. The types and percentage breakdown of securities in which the pool has invested2. The current average dollar-weighted maturity, based on the stated maturity date, of

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the pool3. The current percentage of the pool's portfolio in investments that have stated

maturities more than one year4. The book value verses the market value of the pool's portfolio, using amortized cost

valuation5. The size of the pool6. The number of participants in the pool7. The custodian bank that is safekeeping the assets of the pool8. A listing of daily transaction activity of the entity participating in the pool9. The yield and expense ratio of the pool10. The portfolio managers of the pool11. Any changes or addenda to the offering circular

An entity by contract may delegate to an investment pool the authority to hold legal titleas custodian of investments purchased with its local funds.

For purposes ofinvestment in an investment pool "yield" shall be calculated in accordancewith regulations governing the registration ofopen-end management investment companiesunder the Investment Company Act of 1940, as promulgated from time to time by thefederal Securities and Exchange Commission.

VIII. INVESTMENT IMPLEMENTATION

The County Tr~asurermay solicit bids for investment offunds from contracted financial brokers and/or banks Gullj, in writing, electronically, or by any combination of these methods. Such bids will besolicited from not less than three contracted financial brokers and/or banks for each investment bid.

Dallas County Funds will generally be placed for investment periods not to exceed two (2) years.However, as deemed prudent and consistent with the Dallas County investment policy, the CountyTreasurer may place investments for a period not to exceed five (5) years. Funds placed forinvestment for longer than two (2) years shall be upon consultation between the County Treasurerand County Judge or a representative ofthe Commissioners Court and appropriately entered in therecord of the Dallas County Commissioners Court.

A report of all investments, made since the last regular meeting of the Court, will be presented foreach regular meetiDa of the Dallas County Commissioners Court, for review, acknowledgment, andapproval by the Commissioners Court.

Dallas County Funds will be invested within the Depository Bank, with contracted financial brokersand/or banks, or from time to time in other sources as authorized in this Policy, utilizing a ControlledDisbursement Investment Program, or a similar cash management program in the County TreasurersOffice to maximize interest yield on Dallas County funds, while insuring financial security, with fundsbecoming available as needed to meet the financial needs of Dallas County.

County and District ClerkTrust Funds, Justice ofthe Peace and Constable Special Funds, and certain

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Community Supervision and Corrections Funds shall be maintained at the Depository Bank for thelife of the Depository Contract, unless othenvise ordered by official Court Order, as earnings creditsand compensating balances for Dallas County.

At the expiration ofthe designated number ofdays of Dallas County investments, said funds shall bereturned to their designated Dallas County Fund, unless othenvise instructed by official Court Orderor as required for immediate re-investment of said same Funds.

IX. INVESTMENT INSTITUTIONS

The County Treasurer is authorized to utilize the following institutions or groups to facilitate theinvestment of Dallas County funds, consistent with Federal and State Law and Dallas County's BankDepository Contract:

1. Depository Bank2. Other Banks, savings and loan associations, or savings banks3. Contracted Securities and Investment Firms4. Local, State, and Governmental units5. Public Funds Investment Pools based in the State of Texas

The County Treasurer is authorized to place investment orders on an "as needed" basis with fmancialbrokerage firms, banks, or contractors with which Dallas County maintains a current writtenContract, authorized by Commissioners Court Order, and consistent with the Investment Policy ofDallas County.

Dallas County may use a Request for Proposal (RFP) method ofsecuring the services ofDallas Countyand/or Texas based securities and investment firms to serve as contracted financial brokers and/orbanks for Dallas County or may negotiate a contract for such services if recommended by the DallasCounty Financial Review Committee and approved by the Commissioners Court. Dallas County willfrom time to time add or delete such firms, to further seek to enhance Dallas County's financialposition, as qualified firms become known to and are recommended by the Dallas County FinancialReview Committee. All firms selected as financial brokers and/or banks for Dallas County shall signan officially approved Dallas County Contractual Agreement which must be officially approved bythe Dallas County District Attorney and Dallas County Commissioners Court and comply with theDallas County Investment Polley and State Law.

At least annually, the County Treasurer shall review, revise, anti adopt a list ofqualified brokers thatare authorized to engage in investment transactions with Dalla County, submit same to the DallasCounty Financial Review Committee for recommendation for approval by the Dallas CountyCommissionen Court.

A written copy of the Dallas County Investment Policy shall be presented to any InvestmentInstitution as defined under Section IX of this Policy, which offers to engage in an investmenttransaction with Dallas County. In accordance with State Law, the qualified representative, i.e., aperson who holds a position with a business organization, who is authorized to act on behalf of the

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business organization as set forth in State Law, of the Investment Institution seeking to do businesswith Dallas County shall execute a written instrument which shall indicate that the qualifiedrepresentative has:

1. Received and reviewed the Dallas County Investment Policy; and

2. Acknowledges in writing as prescribed by Dallas County that the Investment Institution hasimplemented reasonable procedures and controls in an effort to preclude investmenttransactions conducted between Dallas County and the Investment Institution that are notauthorized by Dallas County's Investment Policy, except to the extent that this authorizationis dependent on an analysis of the make up of Dallas County's entire portfolio or requires aninterpretation of subjective investment standards.

The County Treasurer of Dallas County may not acquire or otherwise obtain any authorizedinvestment described in the Dallas County Investment Policy from a person who has not delivered toDallas County the instrument required, as set forth herein above.

Financial brokers or banks contracted to do business with Dallas County, or seeking to do businesswith Dallas County, shall not offer or give any gift, service, or thing of value, or future promise of agift, service, or thing of value to any authorized Dallas County personnel in connection with theconduct of any Dallas County business.

X.METHODSOF~STMENT

Internal Investments

The County Treasurer is authorized to internally electronically wire transfer funds for Dallas Countyinvestments from currently established funds, plus any newly established Dallas County Funds, withinthe Depository Bank.

The County Treasurer is authorized to utilize an internal electronic banking system for the investmentof such funds by means of an Automated Clearing House (ACH) program, Customer Direct Access(CDA) program, Customer Direct Link (CDL) program, or similar program, or Dallas County checks,with the Depository Bank.

The purpose of the internal electronic wire transfer banking system shall be to allow the CountyTreasurer to enhance the time frame for investments, for elimination ofchecks to make investmentsof funds withm Dallas County accounts, and to return funds to primary Dallas County accounts.

The County Treasurer is authorized to internally electronically wire transfer and credit principal,plus interest earnings, to Dallas County Funds currently established, plus any newly establishedDallas County Funds, as such investments mature.

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External Investments

The County Treasurer is authorized to utilize an electronic wire transfer program, Le., AutomatedClearing House (ACH), Fed Wire System, or other officially approved wire transfer program todisburse funds for investments from the Dallas County Depository Bank to authorized InvestmentInstitutions as set forth in Section IX ofthis Policy and in accordance with State Law. Such programshall be operated under guidelines and controls established and mutually agreeable between theCounty Auditor and County Treasurer. Properly approved Dallas County checks may also be utilizedfor such investments if required.

The County Treasurer is further authorized to accept electronic wire transfer of all Dallas Countyinvestments, including principal and interest, as such investments mature, for the proper internaldisbursement to Dallas County Funds.

XI. AUTHORIZED COLLATERAL AND COLLATERAL PROCEDURES

The Dallas County Commissioners Court shall select the form ofsecurities pledge contract or suretybond used to secure Dallas County funds. Addition, withdrawal, or substitution of collateral forDallas County funds shall be subject to the official approval of the Dallas County CommissionersCourt.

The County Treasurer is authorized to add, substitute, or withdraw collateral on a daily basis asneeded to fully collateralize Dallas County assets, with formal approval of such actions to take placeat the next official meeting of the Commissioners Court.

The investment of any Dallas County funds shall be collateralized, consistent with Federal and StateLaw, Dallas County's Bank Depository Contract, and the Dallas County Investment Policy, withoutexception, in one or more of the following manners:

1. A Direct Obligation of the United States.2. An Obligation that in the opinion of the Attorney General of the United States is a general

obligation of the United States and backed by its full faith and credit.3. An Obligation, the principal of and interest of which are unconditionally guaranteed by the

United States.4. An ObUcation of an Agency or Instrumentality of the United States, including a mortgage­

backed security ofthe agency or instrumentality; however, obligations ofthe nature describedin Secdoa 2256.009(b), Government Code, shall not be eUgible for use as collateral for anyDallas County Funds.

5. A general or special obUgation issued by a public agency, payable from taxes, revenues, or acombination oftaxes and revenues that has been rated as to investment quality by a nationallyrecognized rating agency that has a current rating of not less than A or its equivalent.

6. Any security in which a public entity may invest under the Public Funds Investment Act of1995.

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XII. LEVEL OF COLLATERAL

The total of the face value of the surety bonds and the market value of the Investment Securitysecuring the deposits of public funds for Dallas County shall be in an amount at least equal to 103%of the amount of the deposits of public funds increased by the amount of any accrued interest andreduced to the extent that the deposits are insured by an agency or instrumentality of the UnitedStates Government. The County Treasurer will maintain a monitoring program to establish themarket value of such collateral, as best available, for the security of Dallas County funds.

XIII. POSSESSION OF COLLATERAL

All Dallas County investments shall be made solely on the basis of delivery versus payment.

All Securities or surety bonds pledged to secure deposits of Dallas County funds shall be held at theFederal Reserve Bank ofDallas for investments made directly through the Bank Depository Contractand with a third-party custodian as directed by the Dallas County Commissionen Court through theDallas County Treasurer. for investments made with a financial broker and/or bank (other than theDepository Bank) or eUgible i4v~tment P9glo Delivery of collateral shall be made to the FederalReserve Bank ~f Dall~s ~pate t~ap1 :30 P.M. Dallas time. Delivery of collateral by a brokerand/or bank, otlJIg1i1Gl 9~ shall be made to the third a custodian not later tho 1:00P.M. Dallas",~l}.le_?-n~~I1~~a~.~,~!Y of a trade. ···~ffi~1s,tm~~t\W~t.1JplacedU: . . ''})y·lheto'-·uftlif.Fwlfhdrawnb official

",.h' ...•••..• c!ii.... ..,.. _. . ynotifii"~fiOiC' ,e€6uIC~' .._ ., ..tt"' .•.. ,".". ,.,~..

The Federal Reserve Bank of Dallas and all other custodians so authorized by the Dallas CountyCommissioners Court shall immediately provide a receipt of the securities and/or surety bonds to theCounty Treasurer on behalf of the Commissioners Court evidencing the deposit of said securitiesand/or surety bonds. When the pledged securities and/or surety bonds held by the Federal ReserveBank of Dallas, or other custodians are deposited, the permitted institution may apply book entryprocedures to the securities. The records ofthe permitted institution shall at all times reflect the nameof the custodian depositing the pledged securities. The trust receipts that the Federal Reserve BankofDallas, or other custodians, issue to Dallas County through the County Treasurer shall indicate thatthe custodian has deposited with the permitted institution the pledged securities and/or surety bondsheld in trust for the Depository Bank pledging the securities.

All participants In the Investment or holding ofcollateral for Dallas County investments must providethe County Treuurer with a notification ofconfirmation ofttade and safekeeping ofcollateral on thesame day of the transaction, without exception.

Dallas County's Depository Bank shall not hold collateral for Dallas County investments made at orthrough said institution.

11

19

XIV. INVESTMENT REPORTING AND AUDITING

Not less than quarterly the County Treasurer shall prepare and submit to the Commissioners Courta written report of Dallas County's investment transactions for the preceding reporting period, inaddition to other information that may be required by Dallas County. The report shall contain:

1. A detail of the investment position of Dallas County on the date of the report.

2. A summary statement of each pooled fund group that states the beginning market value forthe reporting period, additions and changes to the market value during the period, and theending market value for the period.

3 The book value and market value of each separately invested asset at the beginning and endof the reporting period by the type of asset and fund type invested.

4. The maturity date of each separately invested asset that has a maturity date.

s. The account or fund or pooled group fund of Dallas County from which each individualinvestment was acquired.

6. Compliance of the Dallas County Investment Portfolio as it relates to the investment strategyexpressed in Section m, Investment Strategy, of this Policy, as well as other relevantprovisions of the Policy.

The report shall be signed by the County Treasurer of Dallas County.

The reporting of Dallas County in.vestments shall be in compliance with Statement No. 31 of theGovernmental Accounting Standards Board.

Dallas County shall have performed as a part ofits Annual Independent Audit a review ofthe reportsof investments and adherence to Dallas County's estabUshed investment policies. The results of thereview shall be reported to the Dallas County Commissioners Court by the Independent Auditor.

xy. FINANCIAL TRAImNG

The County Treasurer (Investment Officer) must successfully complete in each 12-month period atleast 20 houn of continuing education in the performance of the duties of county treasurer fromindependent sources such as the Institute of County Government, Texas A&M University; TexasAssociation ofCounties; National Association ofCounty Treasurers and Finance Officers; and suchother financial groups or organizations that provide officially recognized financial investmenttraining.

12

20

Members of the Dallas County Commissioners Court shall comply with State Statutes as enactedrequiring continuing investment training, and/or as determined by said Court.

XVI. DALLAS COUNTY FINANCIAL REVIEW COMMITTEE

There shall be a Dallas County Financial Review Committee which shall consist of the CountyTreasurer as Chairman; County Judge, County Auditor, Budget Director, Commissioners CourtAdministrator, Minority & Women Business Enterprise Coordinator and a member of the DistrictAttorney's Staff. As required, the Dallas County Financial Advisor may serve as a Ex-Officio memberof the Committee.

The Committee shall be charged with reviewing the general financial management of Dallas Countyfunds and debt and asset management programs and making recommendations on such items to theCommissioners Court. The Dallas County Financial Review Committee shall also deal with andcoordinate the efforts of the Dallas County Financial Advisor and Dallas County Bond Counsel, andother related individuals or organizations, to develop and/or enhance Dallas County financialprocedures, implement Dallas County bond sales, or establish recommended policy for theCommissioners Court concerning the working relationship and duration of such relationship withsuch groups, as well as any other financially-related matters that may be referred to the Committeefrom time to time by the Commissioners Court.

In view ofconstant and enhanced financial and banking techniques which may prove beneficial to theObjectives of the Dallas County Investment Policy as herein set forth, the Dallas County FinancialReview Committee will monitor such changes to determine required adjustments in the Dallas CountyInvestment Policy.

01-01-2003

13

21

DALLAS COUNTY, TEXAS

FINANCIAL BROKERAGE SERVICES CONTRACT

By executing this Dallas County Financial Brokerage Services Contract, the Dallas CountyCommissioners' Court in and for the County of Dallas, State ofTexas ("Client"), agrees to retain________________ ("Broker") for the limited and specific purpose ofproviding financial and investment services, beginning on January 1.2003_and continuing until this Contract is terminated by either party on thirty (30) days written notice,or as setforth under "General Terms", Section 7.

This Contract shall at all times be managed consistent with the Texas State Public Funds InvestmentsAct the Master Repurchase Agreement, and the Dallas County Investment Policy. Copies of theMaster Repurchase Agreement and the Dallas County Investment Policy are attached to and madea part of this Contract. Further, it is understood that from time to time during the life of thisContract, Dallas County may, due to its course ofoperating procedures or in the course ofthe changeof State or Federal Law, make a change in its Investment Policy.

As directed by the County Treasurer, Broker may place direct orders for the purchase and sale ofsecurities. Broker shall only direct the purchases of securities with the maturities approved of bythe County Treasurer. The County Treasur~ _W.!l s~J.tcit. bids for i.nvestm~t of funds fromcontracted financial brokers a,nd/or banks, ott~c~_ OJ~ in writing,electronically, or by any combination of these methods.

GENERAL TERMS

1. There shall be no fee charged to Dallas County by the broker, or any other party, for theprovision ofservices outlined in. this Contract.

2. All securities and collateral will be held by a third party, as designated by the CountyTreasurer. Brokerage firms will provide a facsimile copy oftrade advisement with description andsettlement data ofrelevant investment to the third party holder prior to 12:00 noon, Dallas time, theday of trade. Collateral should be received by the third party holder no later than 1:00 p.m. Dallastime, to allow time for notification ofDallas County in the event ofa potential failure or inaccurateinformation. However, if the collateral is not received by 1:00 p.m. the trade will not be failed.

3. On any Business Day Client shall provide Broker prior to 10:30 A.M. Dallas Time, verbalor written instructions as to purchase and sale of such securities. Additional transaction deadlinesfor supplemental dealings may be made upon mutual agreement.

4. For purposes ofcalculating the margin account, the following ratios shall be applied dailyto the market value of Purchased securities, depending on their maturity:

Maturity ofPurchasedSecurities

under 1 yr.1-5 yearsover 5 yrs.

U.S. TreasurySecurities

100%100%100%

22

U.S. AgencyDiscount and

Coupon Securities

100%100%100%

Mortgage­Backed orOther Securities

100%100%100%

5. Only those persons identified below may execute transactions pursuant to this Contract onbehalf of Broker:

AUTHORaEDPERSONNEL TELEPHONE NUMBER

6. This Contract will become null and void immediately upon either one or both of thefollowing events:

(1) the Brokerage Firm closes all offices that sell securities to governmental units in theState of Texas, and/or

(2) the Brokerage Firm is located outside the County ofDallas area codes and does notprovide a 1-800 number for use by Dallas County.

7. Dallas County is wholly committed to developing, establishing, maintaining, and enhancingminority involvement in the total procurement process. It is the policy ofDallas County to involvequalified minority/women-owned businesses to the greatest extent feasible in the County'sprocurement ofgoods, equipment, services, and construction projects. The County, its contractors,their suppliers and subcontractors and vendors of goods, equipment, services, and professionalservice shall not discriminate on the basis of race, color, religion, national origin, handicap, or sexin the award and/or performance ofcontracts. However, competition and quality ofwork remain theultimate "yardstick" in contractor, sub-contractor, vendor service, professional service, and supplierutilization. All vendors, suppliers, professionals and contractors doing business or anticipating doingbusiness with Dallas County shall support, encourage, and implement affinnative steps toward ourcommon goal of establishing equal opportunity for all citizens ofDallas County.

All brokerage fums doing business with Dallas County are required to complete and sign the"Vendor Statistical Report," attached to and made a part of this Contract.

8. Nothing contained in this Contract, whether expressed or implied, is intended to confer anyright or benefit upon any person or entity other than the parties hereto, and their respectivesuccessors and assigns.

9. Subject to the restrictions against assignment herein, this Contract shall inure to the benefitof, and shall be binding upon, the assigns, successors in interest, personal representatives, estates,heirs, and legatees of each of the parties hereto.

10. The waiving of any of the provisions of this Contract by any party shall be limited to the

23

particular instances involved, and shall not be deemed to waive any other term of the Contract.

II. This Contract, plus all attachments, contain the entire agreement of the parties hereto, andsupersede any prior written oral agreements concerning the subject matter herein. There are norepresentations, agreements, arrangements, or understanding, oral or written, between and amongthe parties hereto, relating to the subject matter contained in this Contract which are not fullyexpressed herein.

This Contract is not assignable by Client and may not be assigned by Broker without written consentofClient. It may be amended at any time by mutual agreement in writing. It is understood that thisContract will be governed by and construed in accordance with the laws of the State ofTexas andexclusive venue shall be in Dallas County, Texas.

12. Any and all notices, statements, demands or other communications herein under may begiven by either party to the other by mail, facsimile, telegraph, messenger, or otherwise to theaddress specified as herein set forth below:

Dallas County Treasurer509 Main Street303 Records BuildingDallas, Texas 75202(214) 653-7321(214) 653-7705 - facsimile

COUNTY OF DALLAS, TEXAS

By:

Title: County Judge

Date:

ATTESTED TO:

By:

Title: County Clerk

Date:

FirmName _

TitleAddress, _

Phone _

BROKERAGE FIRM

By:

Title:

Date:

24

DALLAS COUNTY

BILL MELTONCOUNTY TREASURER

October 9,2002

FOR BRIEFINGOCTOBER 15, 2002

Hon. Commissioners CourtAdministration Building411 Elm StreetDallas, Texas 75202

Dear Members of the Court:

Recently in Court Order No. 2002979 passed May 28,2002, the Court authorized the CountyTreasurer to donate certain paid and canceled old Dallas County Bonds to the Dallas CountyHistorical Commission for the preservation ofHistory. Later in Court OrderNo. 2002 1476 passedon August 20, 2002, you authorized the County Treasurer to donate 14 old Historical DallasCounty Treasurer Ledger Books to the Dallas County Historical Society for historical purposes.

After discussing this matter with both organizations it appears that the Dallas County HistoricalSociety will be the organization charged with the long tenn display of historical Dallas Countyartifacts in the Dallas County Old Red Courthouse Museum.

Accordingly, I am requesting that the Court authorize a new Court Order to replace Court OrderNo. 2002 979 wherein we change the donation from the Dallas County Historical Commission tothe Dallas County Historical Society for the old canceled bonds.

Cordially,

J,;,~h;ll~elton

County Treasurer

BMlbIm

509 MAIN STREET • 303 RECORDS BUILDING • DALLAS, TEXAS 75202 • (214) 653-7321 • Bmelton@dallascounty.org

DALLAS COUNTYHEALTH AND HUMAN SERVICESADMINISTRATION

Betty J. Culbreath-ListerDirector

MEMORANDUM

TO: COMMISSIONERS' COURT

25'J.,

"".,. 9 l, \..l ~,~~;Y S. Thompson,-.,; P.,J·' -' hi I Deputy Director\",,_ v

FROM: Betty Culbreath-Lister, DirectorHealth and Human Services Department

DATE: October 15, 2002

SUBJECT: DCHHS WEATHERIZATION ASSISTANCE SYSTEMS BENEFIT FUND (SBF)PROGRAM

BACKGROUND

The Texas Department of Housing and Community Affairs (TDHCA) has awarded Dallas CountyHealth and Human Services (DCHHS) the Systems Benefit Fund (SBF) Program contract for DallasCounty. The System Benefit Fund Program is a part of the Dallas County WeatherizationAssistance Program.

The System Benefit Fund Program contract period is from September 1, 2002, through August 31,2003. The SBF Program will be utilized to weatherize low-income homes in Dallas County. Theweatherization work will include: caulking, weatherstripping, ceiling insulation. replacing andrepairing of doors and windows, patching holes in the building envelopes, roof repair, and insulatinginefficient water heaters. .

OPERATIONAL IMPACT

Health and Human Services will administer the program with (7) seven full-time positions and (3)three part-time positions; (1) one coordinator; (3) three assessors; (3) three part-time assessors;and (1) one clerk. There are (2) two new positions to be added: (1) one program monitor and (1)one grants analyst.

Program support funds earned through this program may be used to purchase special equipmentand vehicles, as needed to further objectives of the program

FINANCIAL IMPACT

TDHCA will fully fund this program with contracted funds totaling $1.246,729. Of this amount$958,020 is allocated for labor and material. and for program support, $217,151 is allocated forrefrigerators and $71,558 is allocated for CFL's.

2377 Stemmons Freeway Dallas, Texas 75207-2710Suite 600 LB-12

Office (214) 819-1870FAX (214) 819-2835

LEGAL IMPACT

26

Commissioners' CourtOctober 15, 2002

Page 2

The contract from TDHCA requires the approval of the Commissioners' Court and the signatureof the County Judge. TDHCA plans to execute the weatherization program contract electronically.

RECOMMENDATION

It is recommended that the Dallas County Commissioners' approve the System Benefit FundProgram contract with Texas Department of Housing and Community Affairs in the amount of$1,246,729, and authorize the County Judge to electronically sign the related contract documentson behalf of Dallas County.

Recommended by: -r.=.=="'T7''-''---+----i<----

c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorRyan Brown, Budget Officer

27

SBF PROGRAM Texas Utilities TDUATTACHMENT A - PERIOD, SERVICE AREA AND BUDGET COMPONENT

CONTRACTOR NAME: DALLAS COUNTY DEPT. OF HUMAN SERVICESCONTRACT NUMBER: 301093

ALLOCATION YEAR: 2003ALLOCATION PERIOD: 09/01/2002 - 08/31/2003

DEPARTMEMT FINANCIAL OBLIGATIONS

BUDGET CATEGORY- -------.-------.------.-----

SBF Weatherization FundsSBF Refrigerator FundsSBF CFL's / WS Funds

Total SBF Funds Available

MEASURES CATEGORY

RefrigeratorsCFL and Water Saver Kits

TOTAL

AMOUNT

$958,020.00$217,151.00

$71,558.00

$1,246,729.00

NUMBER OF UNITS

4303,975

4,405

By written notice to Contractor, Department may deobligate or obligateadditional funds from the budget components.

SERVICE AREA

Contractor'S service area consists of the following Texas counties:Dallas Couney

SYSTEMS BENEFIT FUND PROGRAM IMPLEMENTATION

Contractor shall provide SBF program services sufficient to expend$1,246,729.00 during the allocation period. All weatherization measures

insealled must have an EASY Audit SIR of 1 or greaeer using the Price toBeae for Texas Utilities TOU service area. Contractor shallcompleee all other energy conservation measures as listed in Attachment BProduction Schedule. Failure eo complete, at a minimum, ehe productionfigures listed in Attachment B may result in ehe eerminaeion of thiscontract and all oeher weatherization contracts.

28

SBF PROGRAM Texas Utilities TDUA'ITACHMENT B - PRODUCTION SCHEDULE

CONTRACTOR NAME: DALLAS COUNTY DEPT. OF HUMAN SERVICESCONTRACT NUMBER: 301093

ALLOCATION YEAR: 2003ALLOCATION PERIOD: 09/01/2002 - 08/31/2003

--------------------- ---------- ---- ... ---- --------- ----------SBF PROGRAM SEPT-NOV DEC-FEB MAR-MAY JUNE-AUG--------------------- ---------- --------- --------- ------- ... --WEATHERIZATION. $239,505 $239,505 $239.505 $239,505Refrigerators 107 - 107 107 109CFL's/ WaterSavers 993 994 994 994

--------------------- ---------- --------- --------- ----------

EFFECTIVE: 09/01/2002

DALLAS COL~TY 29DEPARTMENT OF HEALTH AND HUMAN SERVICESADMINISTRATlON

'r

BETTY CULBREATH·LISTERDIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Betty Culbreath-Lister, Director

DATE: October 15, 2002

ZACH~RY S. THOMPSONi -; r "" - -!') ')" W,' II ~E.t·· Y DIRECTOR...... L- _' ...I . ..., tqJ

SUBJECT: TEXAS DEPARTMENT OF HEALTH CONTRACT #7560009056 2003,ATTACHMENT #19, TUBERCULOSIS ELIMINATION

BACKGROUND

Texas Department of Health (TDH) Contract #75600090562003, Attachment #19, Tuberculosis Eliminationperforms a needs assessment by collecting data to provide a profile of the individuals diagnosed withtuberculosis in Dallas County; and assess barriers and identify gaps in the provision of services that tendto perpetuate infectivity in this population; and facilitate the identification of resources or altematives thatwill enhance services, promote awareness of the disease, and increase compliance of treatment for casesand preventive therapy of infected persons. This attachment is effective September 1, 2002 throughDecember 31, 2002.

OPERATIONAL IMPACT

Attachment #19, Tuberculosis Elimination of the Texas Department of Health contract will have no impacton operations.

LEGAL IMPACT

The County Judge is required to sign the contract after approval by the Commissioners Court.

FINANCIAL IMPACT

Attachment #19, Tuberculosis Elimination, provides $1,025 in the category of equipment, and $5,875 inthe category of supplies. There is no financial impact to Dallas County.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does hereby approve theTexas Department of Health Contract #75600090562003, Attachment #19,Tuberculosis Elimination, andauthorizes the County Judge to sign the contract on b half of Dallas County.

Recommended by:

c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorRyan Brown, Budget Officer

2377 N,Stemmons FreewaySuite 644 - LB 12

Dallas, Texas 75207-2710 Office (214) 819-1870FAX (214) 819-2835

30

~TEXAS DEPARThfENT OF HEALTH

1100 WEST 49TH STREETAUSTIN, TEXAS 78756-3199

STATE OF TEXAS

COUNTY OF TRAVIS

TDH Document No. 7560009056 2003

Contract Change Notice No. 12

The Texas Department of Health. hereinafter referred to as RECEIVING AGENCY. did heretofore enter into a contract in writingwith DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT hereinafter referred to as PERFORMINGAGENCY Th h d . d h hm () ~ 11, e parties t ereto now esue to amen suc contract attac ent s as 0 ows:

SUMMARY OF TRANSACTION:ATI NO. 19 : TUBERCULOSIS ELIMINATION

All terms and conditions not herebv amended remain in full force and effect.

EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.

Authorized Contracting Entity (type above if differentfrom PERFORMING AGENCY) for and in behalf of:

PERFORMING AGENCY: RECEIVING AGENCY:

DALLAS COUNTY HEALm AND HUMAN TEXAS DEPARTMENT OF HEALTHSERVICES DEPARTMENT

?Yld~{t~By: By:

(Signature of person authorized to sign) (Signature of person authorized to sign)

Melanie A. Doyle, DirectorGrants Management Division

(Name and Title) (Name and Title)~

Date: Date: q'1 D~RECOMMENDED:

By:(PERFORMING AGENCY Director, if different

from person authorized to sign contract

SB GMD • Rev. 12,00

Cover Page 1

DETAILS31

TACHMENTS

Attl TDH Term Financial Assistance Direct Total AmountAmd Program Assistance (TDH Share)No. m Begin End Source of Amount

Funds"01 HIV/SURV 01/01/02 12/31/02 93.944 93.940 244,201.00 0.00 244,201.00102 ISTD/HIV 01/01/02 12/31/02 93.977 93.940 1,130,883.00 0.00 1,130,883.0003 :TB/PC 01/01/02 12/31/02 i 93.116 709,854.00 0.00 709,854.0004 IHIV/HOPWA 02/01/02 01/31/03 14.241 52,880.00 0.00 52,880.0005 i HANS ENS I 01101/02 12/31/02 93.215 42,927.00 0.00 42,92700

06A I HIV/RW 04/01/02 03/31103 93.917 163,518.00 0.00 163,518.0007 IHIV/UNIQ 04/01/02 03/31103 93.917 104,500.00 0.00 104,500.0008 iHIV/RW 04/01102 03/31103 93.917 2,019,694.00 0.00 2,019,694.0009 1STD/TRNG 04/01/02 03/31103 93.978 240,870.00 0.00 240,8700010 10PHP/BIO-LAB 06/01/02 08/31103 . 93.283 3,303,868.00 0.00 3,303,868.0011 TB/PC 09/01102 08/31103 State 541,192.00 0.00 541,192.0012 i STD/HIV 09101102 08/31103 State 110,804.00 51,762.86 162,566.8613 IHIV/SRVS 09/01102 08/31103 State 1, 128,940.00 0.00 1,128,940.0014 ! HIV/HEP 09/01/02 12/31/02 State 6,333.00 0.00 6,333.0015 OPHP/LPHS 09/01/02 08/31103 State 93.991 185,018.00 36,300.00 221,318.0016 IMM/LOCALS 09101/02 08/31/03 State 93.268 1,100,682.00 49,632.00 1,150,314.0017 HIV/UNIQ 10/01102 09/30/03 93.944 38,622.00 0.00 38,622.0018 REFUGEE 10/01102 09/30/03 93.566 93.576 188,945.00 0.00 188,945.0019 TB 09/01/02 12/31/02 93.116 6,900.00 0.00 6,900.00

TDH Document No.7560009056 2003 Totals$11,320,631.00 $137,694.86 $11,458,325.86

Change No. 15

"Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TOBUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.

Cover Page 2

32

DOCUME1'I'T NO. 7560009056-2003AITACHMENI NO. 19

PERFORMIN'G AGENCY: DALLAS COUNTY HEALTH AND HUMAN SERVICESDEPARTMENT

RECEIVING AGENCY PROGRAM: TUBERCULOSIS ELIMINATION DIVISION

TERM: September 01, 2002 THRU: December 31, 2002

SECTION 1. SCOPE OF WORK:

PERFORMIN'G AGENCY shall (1) perform a needs assessment by collecting data to provide aprofile of the individuals diagnosed with tuberculosis in Dallas County; (2) assess barriers andidentify gaps in the provision of services that tend to perpetuate infectivity in this population;and (3) facilitate the identification of resources or alternatives that will enhance services,promote awareness of the disease, and increase compliance of treatment for cases and preventivetherapy of infected persons.

Assessment report shall consist of:1. All data compiled;2. Data analysis; and3. Recommendations to diminish and/or eliminate identified barriers.

PERFORMIN'G AGENCY shall comply with all applicable federal and state laws, rules,regulations, standards, and guidelines in effect on the beginning date of this contract Attachmentunless amended. All documents referenced herein are incorporated by reference and made a partof this contract Attachment:

• Standard of Performance Fourth Edition, December, 2000;• Treatment of Tuberculosis and Tuberculosis Infection in Adults and Children

(American Journal Respiratory Critical Care Medicine, Vol. 149, pp 1359-1374,1994);

• Control of Tuberculosis (American Review Respiratory Disease, Vol. 146, pp.1623-33, 1992);

• Diagnostic Standards and Classification of Tuberculosis in Adults and Children,(American Review Respiratory Disease, Vol. 161, pp. 1376-1395,2000);

• Centers for Disease Control and Prevention Screening for Tuberculosis andTuberculosis in High Risk Populations (Morbidity and Mortality Weekly Report[MMWR], September 8, 1995, Vol. 44, No. RR-ll);

• Targeted Tuberculin Testing and Critical Care Medicine, Vol. 161, pp. 5221·S247,20oo);

AITACHMENT - Page 1

33

• Management of Persons Exposed to Multidrug-Resistant Tuberculosis CN1M\VR,June 19, 1992, Vol. 41, RR-ll);

• Multidrug-Resistant Tuberculosis (Simone, P.M. & Dooley, S.W., CDC,Publication 00-6529, 1994); and

• Recommendations for Prevention and Control of Tuberculosis Among Foreign­Born Persons (:M:MWR, Sept. 18, 1998, Vol. 47, RR-16).

PERFORMING AGENCY shall comply with the following:

• Texas Tuberculosis Code, Health and Safety Code, Chapter 13, Subchapter B;• Communicable Disease Prevention and Control Act, Health and Safety Code,

Chapter 81;• Communicable Disease 25 TAC, Chapter 97; and• RECEIVING AGENCY'S Quality Care: Client Services Standards for Public

Health and Community Clinics, revised June 1997.

Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMINGAGENCY shall infonn RECEIVING AGENCY Program, in writing, if it will not continueperfonnance under this contract Attachment in compliance with the amended standard(s) orguideline(s). RECEIVING AGENCY may tenninate the contract Attachment immediately orwithin ninety (90) days.

PERFORMING AGENCY shall provide a narrative report on their perfonnance goals andobjectives screening activities semi-annually in the standard fonnat provided by RECEIVINGAGENCY Program. PERFORMING AGENCY shall maintain the documentation used tocalculate key outcome perfonnance measures. The reporting dates and applicable periods are asfollows:

PERIOD COVERED DUE DATEAugust - October November 30, 2002November - December January 31, 2003

RECEIVING AGENCY program will provide administrative and technical assistance for theimplementation and operation of the service delivery plan.

PERFORMANCE MEASURES

The follOWing key outcome perfonnance measures will be used to assess, in part,PERFORMING AGENCY'S effectiveness in providing the services described in this contractAttachment, without waiving the enforceability of any of the other tenns of the contract.

Definition PerfonnanceNumber of atients enrolled er month into the Needs Assessment 100%

AITACHMENT - Page 2

uestionnaires com

34

80%

PERFORMING AGENCY shall report on these measures monthly in the fonnat provided byRECEIVING AGENCY Program. Reports are due the 30th day of the month following thereport period. PERFORMING AGENCY shall mail reports to: Texas Department of HealthTuberculosis Elimination Division, Attn: Paula Watrous, 1100 West 49th Street, Austin, TX.78756-3199.

SECTION II. SPECIAL PROVISIONS:

General Provisions, Reports Article, is revised to include the following:

PERFORMING AGENCY shall mail all initial reports of confinned TB cases, suspectedTB cases to RECEIVING AGENCY program within five (5) working days of identificationor notification. Any updates to initial RECEIVING AGENCY'S Report of Cases andPatient Services Fonn (TB400) (e.g., diagnosis, medication changes, x-rays, andbacteriology) and case closures shall be mailed to RECEIVING AGENCY Program.

PERFORMING AGENCY shall mail reports of contacts on all class 3 TB cases and smearpositive class 5 TB suspects within thirty (30) days of identification using RECEIVINGAGENCY'S Report of Contacts Fonn (TB340). All subsequent contacts shall be mailed ascontacts are identified. Refer to the latest edition of Standard of Perfonnance forscheduling of reporting dates.

AITACHMENT - Page 3

35

SECTION III. BUDGET:

PERSONNEL

FRINGE BENEFITS

TRAVEL

EQUIPMENT*

SUPPLIES

CONTRACTUAL

OTHER

TOTAL

Total reimbursements will not exceed $6,900.00.

Financial status reports are due the 30th of November, and the 30th of March.

* Equipment list attached.

AITACHMENT - Page 4

$0.00

0.00

0.00

1,025.00

5,875.00

0.00

0.00

$6,900.00

36

PERFOR.\HNG AGENCY: DALLAS COUNTY HEALTH Al"''D mTMA"1 SERVICES DEPARTMENT

RECEIVING AGENCY PROGRAI\-!: TIJBERCULOSIS ELIMINATION DIVISION

TDH DOC. NO: 7560009056 2003ATTACHMENT NO: 19Change No. 15

EQU1PMENT LIST

ITEM DESCRIPTION NO. OF UNIT EXTENSIONIUNITS COST

001 FileMaker Pro 5.5 Server software, for Windows, Mac OSX, Mac OS and 1 1,025.00 $ 1,025.00Red Hat Linux; mfg part 5401 00u:• Auto update of plug-ins;• Scalable deployment;• LDAP directory support;• Hostsingle user files;• Automate backups;• Remote administration.

TOTALS I $ 1,025.00

Items may be brand name, if specified, or equivalent.

Equipment List Page 1

DALLAS COl~TY 37DEPARTMENT OF HEALTH AND HlJMAN ~ERVICES

Administration

BETTY CULBREATH·LISTERDIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Betty J. Culbreath-Lister, Director

DATE: October 15, 2002

ZACHARY S. THOMPSONc: OC'" -C) ~!IQ~~U,TX.DIRECTOR- r:j! I j • iof J

SUBJECT: TEXAS DEPARTMENT OF HEALTH CONTRACT #750009056 2003, ATIACHMENT #18,TB REFUGEE

BACKGROUND

Texas Department of Health (TDH) Contract #75600090562003, Attachment #18, Refugee. provides healthscreening services for newly arrived official refugees. and the use of bilingual or multinational workers foroutreach. interpretation and health education services. This attachment is effective October 1, 2002 and willexpire on September 30. 2003.

OPERATIONAL IMPACT

Attachment #18, Refugee of the Texas Department of Health contract continues to partially fund four (4) full­time positions, and the shortage of funds is the County's match.

LEGAL IMPACT

The County Judge is required to sign the contract after approval by the Commissioners Court.

FINANCIAL IMPACT

Attachment #18, Refugee, provides $115,512 for salaries and fringe benefits, $10,200 for travel, $29,510 forsupplies and medication, $987 for other. and $32,736 for indirect charges. A total of $140,341 is needed to fundthe four (4) staff positions. The difference of $24,829 represents the County's match.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does hereby approve the TexasDepartment ofHealth Contract#7560009056 2003, Attachment #18. Refugee, and authorizes the County Judgeto sign the contract and all related documents on behalf of Dallas County.

Recommended by:-"'7'-"'-'--:---7F-----:-t-r--:--.-,..---

c: J. Allen Clemson. Court AdministratorVirginia Porter, County AuditorRyan Brown, BUdget Officer

2377 N. Stemmons FreewaySuite 644 - LB 12

Dallas, Texas 75207-2710 Office (214) 819-2100FAX (214) 819·2107

STATE OF TEXAS

COUNTY OF IRAVIS

38

~TEXAS DEPARTMENT OF HEALTH

1100 WEST 49TH STREETAUSTIN, TEXAS 78756-3199

TDH Document No. 75600090562003

Contract Change Notice No. 14

The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writingwith DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT hereinafter referred to as PERFORMINGAGENCY. The parties thereto now desire to amend such contract attachment(s) as follows:

SUMMARY OF TRANSACTION:ATT NO. 18 : REFUGEE

All terms and conditions not hereby amended remain in full force and effect.

EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.

Authorized Contracting Entity (type above if differentfrom PERFORMING AGENCy) for and in behalf of:

PERFORMING AGENCY:

DALLAS COUI'liTY HEALTH A~'D HUMANSERVICES DEPARTMENT

By: ~-----

(Signature of person authorized to sign)

(Name and Title)

Date:

RECOMMENDED:

RECEIVING AGENCY:

TEXAS DEPARTMENT OF HEALTH

By: _7J1_d_cltuJ_'--:-a,-:--~-:---_(Signature of person authorized to sign)

Melanie A. Doyle. DirectorGrants Management Division(Name and Title)

Date q~/~O~"----__By: I(PERFORMING AGENCY Director, if different I'

from person authorized to sign contract

SB GMD • Rev. l2!OO

Cover Page 1

39DETAILS OF ATTACHMENTS

Att/ TDH Tenn Financial Assistance Direct Total AmountAmd Program Assistance (TDH Share)No. m Begin End Source of Amount

Funds"

01 HIV/SURV 01/01/02 12/31102 93.944 93.940 I 244,201.00 0.00 244,201.0002 STD/HIV 01/01/02 12/31/02 93.977 93.940 1,130,883.00 0.00 1,130,883.0003 TB/PC 01/01/02 12/31102 93.116 709,854.00 0.00 709,854.0004 HIV/HOPWA 02/01102 01131103 '14.241 I 52,880.00 0.00 52,88000I

05 HANS ENS 01/01102 12/31/02 93.215 I 42,927.00 0.00 42,927.00!

06A I HIV/RW 04/01/02 03/31103 93.917 I 163,518.00 0.00 163,518.0007 HIV/UNIQ i 04/01/02 03/31/03 193.917 i 104,500.00 0.00 104,500.0008 HIV/RW I 04/01102 03/31103 93.917 I 2,019,694.00 0.00 2,019,6940009 I STD/TRNG 04/01/02 03/31/03 i 93.978 I 240,870.00 0.00 240,870.00,10 OPHP/BIO-LAB ! 06/01/02 08/31/03 93.283 3,303,868.00 0.00 3,303,868.0011 TB/PC I 09/01/02 08/31/03 IState I 541.192.00 0.00 541,192.0012 STD/HIV I 09101/02 08/31/03 State 110,804.00 51,762.86 162,5668613 I HIV/SRVS I 09/01/02 08/31/03 State 1,128,940.00 0.00 1, 128,940.0014 HIV/HEP I 09/01102 12/31/02 State I 6,333.00 0.00 6,333.0015 OPHP/LPHS I 09/01/02 08/31/03 State 93.991 185,018.00 36,300.00 221.318.0016 IMM/LOCALS 09/01/02 08/31/03 State 93.268 I 1.100,682.00 49.632.00 1,150.314.0017 HIV/UNIQ 10/01102 09/30/03 93.944 ! 38,622.00 0.00 38,622.0018 REFUGEE 10/01102 09/30/03 93.566 93.576 188,945.00 0.00 188.945.00

TDH Document No.7560009056 2003 Totals$11,313.731.00 $137.694.86 $11.451.425.86

Change No. 14

"Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TOBUDGET SECTION OF ANY ZERO AMOUNT ATIACHMENT FOR DETAILS.

Coyer Page 2

40

DOCUMENT NO. 7560009056-2003ATTACHMENT NO. 18

PERFORLYfING AGENCY: DALLAS COUNTY HEALTH AND HUMAN SERVICESDEPARTMENT

RECEIVING AGENCY PROGRMf: REFUGEE HEALTH SCREENING PROGRMf

TERM: October 01,2002 THRU: September 30,2003

SECTION 1. SCOPE OF WORK:

PERFORLYfING AGENCY shall provide health screening services for newly arrived officialrefugees and report the services to the RECEIVING AGENCY.

PERFORMING AGENCY shall also enhance and augment all contract Attachment specifiedservices through use of contract Attachment funds for the primary purpose of providing healthassessment. PERFORMING AGENCY shall use bilingual or multilingual workers for outreach,interpretation and health education services for newly arrived official refugees.

At least weekly, PERFORMING AGENCY shall contact all voluntary agencies (volags)providing services for refugees arriving in the jurisdiction served by PERFORMING AGENCY,obtain locating information on all current refugee arrivals and obtain any other assistance toassure health screening which volags are required or obliged to provide.

Health screening services shall include:

A quality health screening for each newly arrived official refugee and provision or arrangementfor follow-up care as appropriate to the refugee's particular need, as stated in the attached"Medical Screening Protocol for Newly Arriving Refugees", United States Department of healthand Human Services (DHHS), Office of Refugee Resettlement (ORR), November 21,1995. Thescreening services shall include the following:

1. Review of each refugee's medical history, chest X-ray(s), and other medical records asavailable. Follow-up (evaluation, referral for treatment) of Class A and B conditionsidentified during the overseas medical exam and reported on Form OF-157 "MedicalExamination of Applicants for United States Visas";

2. Review of immunization status and administration of vaccines, as appropriate;

3. Tuberculosis screening involving giving and reading of a Mantoux Purified ProteinDerivative (PPD) skin test, appropriate referral for evaluation and follow-up treatment orprophylaxis, if indicated;

ATTACHMENT - Page 1

41

4. Parasite examination including collection and laboratory examination of stool specimens,and treatment of identified infections;

5. Physical examination, including heart, lungs, ear, nose, and throat (ENT), skinevaluation, eyes-vision, ears-hearing, height, weight, blood pressure, hematocrit,nutritional status, gross dental inspection, development level;

6. Sexually transmitted disease (STD) follow-up for STDs identified on OF-157;

7. General assessment of orientation to place, date, time (mental status);

8. Other laboratory services, screening tests, or referrals, when indicated by history, initialassessment, age, sex, or particular refugee subpopulation, per the attached MedicalScreening Protocol, Additional Age Specific Recommendations.;

• Complete blood count or red blood count (RBC);• Lead level;• Malaria smear (thick blood smear);• Sickle cell;• Hemoglobin electrophoresis;• Thalassemia;• Tay sachs;• Venereal disease research laboratories (VORL) quantitative rapid plasma regain

(RPR);• Human immunodeficiency virus (HIV) test;• Hepatitis B surface antigen;• Pregnancy human chorionic gonadotropin (ReG) test;• Stool exam for blood (hemoccult);• Fasting glucose; and• Cholesterol screening

9. Nutritional evaluation; and

10. Cancer information and referral

Additional screening tests or referrals to primary health services as indicated for:

-1. Further evaluation (preferably to a health care facility that will ultimately provide routine

care) if any screening tests are significantly abnormal;

2. Referral for routine medical or dental care;

ATTACHMENT - Page 2

42

3. Communitymealth referrals as appropriate, e.g. social services, mental health, publichealth (women, infants & children (WIC), family planning, children's health, etc.),rehabilitation, etc.; and

4. Outreach to include necessary transportation, home visits, and trained interpreter supportsufficient to carry out screening and follow-up.

Other specific screening procedures may be included when identified as appropriate with aparticular refugee subpopulation.

PERFORMING AGENCY shall comply with the following:

• The Immigration and Nationality Act, 8 U.S.C. §§ 152 - 152; and• Chapter 81, Health and Safety Code.

PERFOR.t\1At"JCE MEASURES:

The following performance measures will be used to assess, in part, the PERFORMINGAGENCY'S effectiveness in providing the services described in this contract Attachment,without waiving the enforceability of any of the other terms of the contract:

• PERFORMING AGENCY shall return a Refugee Health Assessment Form (RHAF) for100% of the refugees arriving or moving to the program service area;

• PERFORMING AGENCY shall provide a health assessment to 90% of the refugeesarriving or moving to the program services area and document the health assessmentinformation on the RHAFs. RHAFs will be submitted to RECEIVING AGENCYProgram as they are completed; and

• PERFORMING AGENCY shall document 75% of referral outcomes.

PERFORMING AGENCY shall provide services to clients who live or receive services in thefollowing area county(ies): Dallas.

PERFORMING AGENCY shall submit biannual reports to RECEIVING AGENCY Programwhich shall include:

1. Significant changes in the refugee population;

2. Noteworthy achievements and/or major problems in providing screenmg services In

general, or to any specific population group;

3. Completed referrals for conditions identified. Biannual reports are due thirty (30) daysafter the end of the sixth month and the twelfth month of the contract Attachment term.

ATTACHMENT - Page 3

43

SECTION II SPECIAL PROVISIONS:

RECEIVING AGENCY provides funds to PERFORMING AGENCY under this Attachmentintended to defray costs incurred by local governments in providing health screening services toofficially arriving refugees, Amerasian immigrants, asylees, and parolees from Cuba and Haiti.Eligible serv'ices shall be initiated, within ninety (90) days of the refugee's arrival in the UnitedStates, or date asylum is granted.

RECEIVING AGENCY shall provide PERFORMING AGENCY daily/weekly notification ofofficial arrivals and an RHAF for each refugee. PERFORt\1ING AGENCY agrees to completeeach RHAF and return it to RECEIVING AGENCY within thirty (30) days of providing thescreening services.

Funds provided to PERFORMING AGENCY by RECEIVING AGENCY under this contractAttachment shall be used to support a program which provides health assessment services torefugees. Other specifically designated funds (DHHS/ORR Preventive Health Grant) may beused for other refugee screening program related activities, such as conference or training travel,equipment, major supplies, etc. Further, PERFORMING AGENCY shall maintain financialrecords which adequately identify the source and application of funds provided.

Services provided under this contract Attachment shall be conducted in a manner which takesinto account the ethnic and cultural origins of the recipient of the services and make every effortto ensure that necessary interpreter support is provided by a trained interpreter using the samelanguage as the recipient of the services.

General Provisions, Contracts with Subrecipients Article, first paragraph, is revised to read asfollows:

PERFORMING AGENCY may enter into agreements with subrecipients with priorwritten approval of RECEIVING AGENCY. PERFORMING AGENCY shall beresponsible to RECEIVING AGENCY for the performance of any subrecipients.

ATTACHMENT - Page 4

44

SECTION III. BUDGET:

PERSONNEL

FRINGE BENEFITS

TRAVEL

EQUlPMENT

SUPPLIES

CONTRACTUAL

OTHER

TOTAL DIRECT CHARGES

INDIRECT CHARGES

TOTAL

Total reimbursements will not exceed $188,945.00.

$91,578.00

23,934.00

10,200.00

0.00

29,510.00

0.00

987.00

$156,209.00

$32,736.00

$188,945.00

Financial status reports are due the 30th of January, 30th of April, 30th of July, and the 30th ofDecember.

The indirect cost amount shown above is based upon an expired rate, which may be used for asix-month grace period from expiration date. If an approved rate for the succeeding annualperiod, justifying this amount, is not filed with RECEIVING AGENCY by the end of the six­month grace period, the UGMS rate will be applied retroactively to the beginning of the six­month grace period. Indirect charges to this contract may not exceed the amount shown above,except by prior written approval ofRECEIVING AGENCY.

ATTACHMENT - Page 5

45

CERTIFICATION REGARDING LOBBYINGCERTIFICATION FOR CONTRACTS, GRANTS,

LOANS AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer or anemployee of any agency, a member of Congress in co.nnection with the awarding of anyfederal contract, the making of any federal grant, the making of any federal loan, theentering into of any cooperative agreement, and the extension, continuation, renewal,amendment, or modification of any federal contract, grant, loan, or cooperativeagreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid toany person for influencing or attempting to influence an officer or employee of anyagency, a member of Congress, an officer or employee of Congress, or anemployee of a member of Congress in connection with this federal contract, grant,loan, or cooperative agreement, the undersigned shall complete and submit StandardForm-111, "Disclosure Form to Report Lobbying," in accordance with it'sinstructions.

(3) The undersigned shall require that the language of this certification be included in theaward documents for all subawards at all tiers (including subcontracts, subgrants,and contracts under grants, loans and cooperative agreements) and that allsubrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed whenthis transaction was made or entered into. Submission of this certification is a prerequisitefor making or entering into this transaction impos~d by Section 1352, Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of notless than $10,000 and not more than $100,000 for each such failure.

Signature

Print Name of Authorized Individual

7560009056 2003-18

Application or Contract Number

DALLAS C~~~7Y P.~ALTH ~~ w~~ SERVIC~S DEPARTMENT

Organization ~arne and Address

Date

46

DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERV..lCESADMINISTRATION C2 ~:~ -s .'.:\ S: 2~

BETTY J. CULBREATH-LISTERDIRECTOR

TO:

FROM:

DATE:

SUBJECT:

BACKGROUND

COMMISSIONERS COURT

Betty Culbreath·Lister, DirectorHealth and Human Services Department

October 7, 2002

North Texas Food Bank

The North Texas Food Bank (NTFB), located at 4306 Shilling Way, Dallas, Texas, is a non-profit agency that distributes donatedfood and grocery products to charitable organizations that feed the hungry in North Texas. Since it was formed in 1982, morethan 206 million pounds of food have been distributed. The Food Bank procures donated surplus food and transfers it in usablequantities through eight programs to over 370 non-profit agencies in 13 North Texas counties, including Kids Cafes, after-schoolprograms, residential treatment programs, food pantries, emergency shelters, soup kitchens, senior citizen centers, low-incomedaycare centers and other social service centers. In 2001, more than 26 million pounds for food items were received fordistribution. And ninety-seven percent of NTFB's revenue is allocated for food distribution and programs. Only two percent isutilized for administration and fund raising expenditures.

Dallas County Health and Human Services is requesting that the Court approve voluntary participation of its employees in thedonation of food and grocery products to NTFB during the County's 2002 holiday season, beginning one week prior toThanksgiving and ending one week after Christmas week. A single, seasonally-decorated collection box would be placed inthe lobby of the Health and Human Services's 2377 North Stemmons Freeway facility for employees's convenience

FINANCIAL IMPACT

There is no financial impact on Dallas County.

OPERATIONAL IMPACT

There is no operational impact on Dallas County.

RECOMMENDATION

It is recommended that the Commissioners Court approve the voluntary participation of its employees in the donation of foodand grocery products to North Texas Food Bank, located at 4306 Shilling Way, Dallas, Texas, a non-profit center for fooddistribution.

Recommended by:

c: Zachary Thompson, Deputy DirectorJ. Allen Clemson, Court Administrator

2377 Stemmons FreewaySuite 600 - LB 12

Dallas, Texas 75207-2710 Office (214) 819-1858FAX (214) 819-2835

47

DALLAS COlJNTYDEPARTMENT OF HEALTH AND HUMA~"SEaV~~ 24Health Division C:":'_V -.; ,,, J'

Betty Culbrellth·UsterDirector

Zachary S. ThompsonDeputy Director

MEMORANDUM

TO:

FROM:

DATE:

COMMISSIONERS COURT

Betty Culbreath-Lister, Director

October 15, 2002

SUBJECT: RENEWAL MEMORANDUM OF AGREEMENT WITH BAYLORUNIVERSITY

BACKGROUND

Each year for the past several years, Dallas County has entered into an agreement witharea universities to provide clinical experience for students in the School of Nursing. TheDallas County Health & Human Services provides nursing students with the opportunity towork with a public health nurse, observing techniques and procedures. Baylor Universitythrough its School of Nursing is asking to renew this Memorandum of Agreement withDallas County for FY 2003 on behalf of their student nurses.

IMPACT ON OPERATIONS

This Memorandum of Agreement with Baylor University School of Nursing will have noimpact on operations.

LEGAL CONSIDERATIONS

The County Judge is required to sign the Memorandum of Agreement after approval bythe Commissioners Court. The District Attorney's Office, Civil Section, has reviewed andmodified the Memorandum ofAgreement content, and the Memorandum ofAgreement hasbeen approved as to form.

FINANCIAL CONSIDERATIONS

There is no cost to the County for providing these services.

2377 N.Stemmons FreewaySuite 644 • LB 12

Dallas, Texas 75207·2710 Office (214) 819·2100FAX (214) 819·2107

Commissioners CourtOctober 15, 2002

Page 2

PROJECT SCHEDULE

This Memorandum ofAgreement shall be effective by both parties for the period of October15,2002 through September 30,2003.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court approves theMemorandum of Agreement with Baylor University School of Nursing, and authorizes theCounty Judge to sign the Memorandum of Agreement on behalf of Dallas County.

Recommended by: ~~~~7.k.~~2~~!'Z£'.-

c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorRyan Brown, Budget Officer

2377 N.Stemmons FreewaySuite 644 • LB 12

Dallas, Texas 75207·2710 Office (214) 819·2100FAX (214) 819·2107

STATE OF TEXAS

COUNTY OF DALLAS

}}}

49

MEMORANDUM OF AGREEMENTBETWEEN BAYLOR UNIVERSITYAND DALLAS COUNTY ON BEHALFOF DALLAS COUNTY HEALTH ~l\!D

HUMAN SERVICES DEPARTMENT

WHEREAS, Baylor University, through its School of Nursing (hereinafter referred to as"UNIVERSITY") requires the use of clinical laboratory experiences for students in its nursingprogram;

WHEREAS, Dallas County on behalf of Dallas County Health and Human Services Department(hereinafter referred to as "AGENCY"), offers clinical laboratory facilities which meet criteriaestablished by the Board of Nurse Examiners for the State of Texas for agencies affiliating withnursing education programs;

WHEREAS, the UNIVERSITY faculty recognizes that clinical practice under appropriate guidanceand supervision is essential for student development of effective nursing skills, clinical judgment,and a sense of professional responsibility;

WHEREAS, it is recognized that a cooperative relationship between a service institution and aneducational institution can be mutually beneficial;

NOW THEREFORE BE IT AGREED that AGENCY and UNIVERSITY desire to enter into anAgreement whereby students in the UNIVERSITY nursing program shall receive experiences inpracticum courses in the AGENCY. This Agreement shall be governed by the following conditions:

I. THE UNIVERSITY SHALL:

A. Retain control of, and responsibility for, all phases ofthe nursing education program;

B. Cooperate with the AGENCY in making arrangements for the practicum not lessthan six months prior to the start of each academic term. Arrangements shall bemutually determined by agreement of the parties and may be altered by mutualagreement;

C. Cooperate with the AGENCY in planning, scheduling and implementing anorientation program for faculty responsible for the practicum;

D. Provide an orientation for students to assigned units;

Page 1

50

E. Provide the AGENCY with the following written infonnation two weeks prior to thestart of each practicurn:

1. Specific days and hours students will be on patient units or service areas;

2. Names of students and responsible faculty;

3. Objectives of the practicurn;

4. Documentation of professional liability insurance for students and faculty;

5. Texas nursing registration number of faculty; and

6. Other appropriate infonnation as requested.

F. Provide qualified faculty in a faculty-student ratio of at least 1: 10;

G. Plan individualized experiences for students in consultation with appropriateAGENCY personnel based on the objectives ofthe practicurn and available learningopportunities;

H. Abide by the written administrative, nursing and medical policies or procedures ofthe AGENCY while using its facilities;

1. Be responsible for activities of students carried out to meet the objectives of thepracticum;

J. Require that all faculty and students who may be at risk for occupational exposureto blood or other potentially infectious materials be:

1. Trained in accordance with the Occupational Safety and HealthAdministration's ("OSHA") Occupational Exposure to Blood BornePathogens Final Rule 29 CFR Part 1910.1030, as published in the FederalRegister Friday, December 6, 1991;

2. Trained in the modes of transmission, epidemiology and symptoms ofHepatitis B virus ("HBV") and Human Immunodeficiency ("HIV") and otherBlood borne pathogens;

3. Trained in the methods ofcontrol that prevent or reduce exposure includinguniversal precautions, appropriate engineering controls, work practices, andpersonal protective equipment; and

Page 2

51

4. Provided information on the hepatitis B vaccine, its efficacy, safety, methodof administration, and benefits of being vaccinated;

5. Vaccinated for HBV or have begun the vaccination series for HBV or havesigned a refusal to acquire HBV vaccination; and

K. Require participating students to complete the Waiver of Liability and Release ofClaims form, attached hereto as Exhibit "A" and incorporated herein for all purposes,and submit those forms to the AGENCY before the start of each academic term.

II THE AGENCY SHALL:

A. Retain full responsibility for patient care and for control of established standards ofpatient care;

B. At least six months prior to each academic term, provide the UNIVERSITY with themaximum number of students (from all educational programs) that can be assignedto each patient unit and service area during each eight hour assignment period;

C. Provide an orientation for faculty assigned to the AGENCY prior to the practicumsubject to conditions in Article I Section C;

D. Assist the UNIVERSITY faculty in orientation of students to the AGENCY at amutually agreed upon time;

E. Provide, within AGENCY limitations, conference rooms and lockers requested;

F. Provide any special clothing required for participation in learning activities inselected patient units and service areas of departments of the AGENCY;

G. Reserve the right and authority to request the withdrawal of any faculty or studentwho does not adhere to appropriate dress code, behavior standards, administrativeand medical policies, does not maintain professional liability insurance or cannotprovide safe care due to physical or mental illness;

H. Permit UNIVERSITY faculty to conduct nursing research in accordance withestablished policies and research protocols of the AGENCY with prior writtenapproval;

Page 3

52

1. Comply with all applicable federal and state health and safety laws and regulations;

J. Prohibit the disclosure of personally identifiable information, as defined by theFamily Educational Rights and Privacy Act, of a student without the prior consentof the student or the parent ofthe student, as applicable, and to limit AGENCY's useof such information only for the purpose for which it obtained such information forUNIVERSITY;

K. Require and provide an orientation to the faculty and students before direct patientcontact is allowed. Orientation by the AGENCY shall include informationregarding:

1. The AGENCY's Exposure Control Plan for blood borne pathogens and themeans by which students and faculty can obtain a copy of the written plan;

2. The engineering controls used within the AGENCY's work site;

3. The personal protective equipment available in each ofthe AGENCY's workareas;

4. The identification of tasks and patient-related activities which increase therisk of exposure to HBV, HIV, and other blood borne pathogens;

5. What constitutes an exposure; and

6. The established procedure to follow after an exposure to blood or body fluidsoccurs including the methods of reporting the incident and the medicalfollow-up required.

L. Provide appropriate and readily accessible personal protective equipment at no costto faculty and students to use in the work site during the clinical training program.

III. TERM OF THE AGREEMENT

The term of this Agreement shall commence on October 15, 2002 and shall end onSeptember 30,2003 unless terminated earlier in accordance with Article IV.

Page 4

53

IV. TERMINATION

Either party may terminate this Agreement and any renewal thereof, with or without cause,by written notice to the other party at least thirty (30) days prior to the commencement of thenext academic term. Students enrolled in the practicum at the time notice is given shall havethe opportunity to complete the course of study in progress.

V. AMENDMENT

The parties to this Agreement may amend this Agreement and any renewal thereof asdeemed necessary provided, however, that no amendment to this Agreement or any renewalthereof shall be valid unless in writing and signed by the duly authorized representatives ofthe parties.

VI. ENTIRE AGREEMENT

This Agreement, including all Exhibits, constitutes the entire agreement between the partieshereto and may not be modified except by an instrument in writing executed by the partieshereto.

VII. APPLICABLE LAW

This Agreement is expressly made subject to AGENCY's Sovereign Immunity, Title 5 ofthe Texas Civil Remedies Code and all applicable State ofTexas and Federal Laws includingthe Texas Non-Profit Corporation Act. This Agreement and all matters pertinent theretoshall be construed and enforced in accordance with the laws of the State of Texas andexclusive venue shall lie in Dallas County, Texas.

VIII. NOTICE

All notices required or permitted to be given pursuant to this Agreement shall be deemedgiven if sent by certified mail, return receipt requested, postage prepaid, or by personaldelivery or confirmed telecopy, to:

AGENCY: Dallas County Health and Human Services2377 N. Stemmons Freeway, Suite 600Dallas, Texas 75207Attention: Zachary Thompson, Deputy Director

Page 5

UNIVERSITY:

IX. SEVERABILITY

54

Baylor UniversitySchool of Nursing3700 Worth StreetDallas, Texas 75246Attention: Dr. Alice Pappas, Associate Dean

If any provision of this Agreement shall be held invalid, void or unenforceable, theremaining provisions hereofshall not be affected or impaired, and such remaining provisionsshall remain in full force and effect.

X. INDEMNIFICATION

UNIVERSITY AGREES TO PROTECT, INDEMNIFY, DEFEND AND HOLDHARMLESS THE AGENCY AND DALLAS COUNTY, THEIRCOMMISSIONERS,DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVESFROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, ACTIONS,SUITS, DAMAGES, LIABILITIES, COSTS AND/OREXPENSES OF EVERY KINDAND NATURE (INCLUDING, BUT NOT LIMITED TO, COURT COSTS,LITIGATION EXPENSES AND ATTORNEYS' FEES AS THEY BECOME DUE)ARISING OR ALLEGED TO ARISE FROM, OR IN ANY WAY RELATED(WHETHER DIRECTLY OR INDIRECTLY, CASUALLY OR OTHERWISE) ANYNEGLIGENT ACT OR OMISSION, INTENTIONAL OR OTHERWISE) OFUNIVERSITY OR ANY OF ITS AGENTS, STUDENTS, FACULTY, EMPLOYEES,OR INVITEES IN THE COURSE AND SCOPE OF THIS AGREEMENT.

THIS PROVISION SHALL SURVIVE THE TERMINATION OF THISAGREEMENT.

XI. INSURANCE

In addition to the INDEMNIFICATION PROVISIONS set forth in Article X of thisAgreement, UNIVERSITY shall at all times during the term ofthis Agreement and at its ownexpense, maintain in full force and effect the following coverage:

1. Workers' Compensation meeting the requirements established by the TexasWorkers' Compensation Act;

Page 6

55

2. Professional Liability in the minimum amount of one hundred thousand dollars andno cents ($100,000.00) per person and three hundred thousand dollars and no cents($300,000.00) per event covering the duties performed under and during thisAgreement;

3. Comprehensive Automobile and Truck Liabilitv insurance covering owned, hired andnon-owned vehicles, with the minimum limits of $300,000.00 per occurrence forbodily injury and property damage;

4. All deductibles shall be paid by UNIVERSITY at UNIVERSITY's sole cost andexpense; and

5. Dallas County shall be made an additional named insured under the terms of thesepolicies of insurance.

XII. STATUS OF UNIVERSITY

No term or provision of this Agreement or act of UNIVERSITY shall be construed asmaking UNIVERSITY the agent, servant or employee of AGENCY or Dallas County.

EXECUTED THIS the __. day of -', 2002.

COUNTY OF DALLAS:

BY:Margaret KeliherCounty JUdge

RECOMMENDED:

Betty Culbreath-ListerDirector

APPROVED AS TO FORM:

BY: Janet FergusonChief, Civil Section

Page 7

BAYLOR UNIVERSITY:

BY:Donald D. Schmeltekopf, Provostand VP for Academic Affairs

ATTESTED:

BY:__---:-----::-:::-__----:----: _Marsha J. Duckworth

56

EXHIBIT"A"

RELEASE AND WAIVER OF CLAIMS

WHEREAS, Dallas County, Texas, on behalfofDallas County Health and Human Services and theBaylor University School ofNursing have agreed to provide a clinical setting for the Participant toobserve and learn the various practices and procedures involved in the field of public health byworking with a public health nurse (the "University");

WHEREAS, participating under the Agreement will include entering various County clinics andfacilities including but not limited to the HIV Early Intervention Clinic, Tuberculosis EliminationProgram, STDIHIV Program and the Communicable Disease Program, as well as working andinteracting with sick patients and their families;

WHEREAS, in consideration of the foregoing, the undersigned Participant in the Program waivesany and all claims for damages, including but not limited to the following; any premises defectsknown or unknown to the County; any injury to the undersigned Participant; any injury to otherindividuals present during the undersigned Participant's involvement under the terms and conditionsof the Agreement; and any damage to property;

WHEREAS, the undersigned Participant acknowledges that he/.she has read the full text of thisRelease and Waiver of Claims; and

NOW THEREFORE, the Participant hereby forever waives and releases Dallas County, itsCommissioners, directors, officers and employees from any and all claims, demands or causes ofaction which may arise as a result, directly or indirectly, ofParticipant's involvement in the Program.To the fullest extent allowed by law, the Participant agrees to indemnify, hold harmless, protect anddefend Dallas County, its officers and employees against all claims, demands, actions, suits, losses,damages, liabilities, costs and/or expenses of every kind and nature (including, but not limited tocourt costs, litigation expenses and attorney's fees), such expenses to be paid as they accrue, and allrecoverable interest thereon, incurred by or sought to be imposed because ofinjury (including death)or damage to property (whether real, personal or inchoate), arising out ofor in any way related tothe undersigned Participant's involvement in the Program.

The undersigned is a nursing student in the Baylor University School of Nursing, and desires toparticipate in a program offering clinical laboratory experience at the Dallas County Health andHuman Services.

In consideration for the opportunity to participate in such a program, I hereby forever waive andrelease the Dallas County Health and Human Services Department, Dallas County, itscommissioners, directors, its officers and employees, from any and all claims, demands or causesof action which may arise as a result, directly or indirectly, ofmy participation in the program. Thiswaiver and release shall apply to all acts and omissions, whether intentional, negligent or grosslynegligent, and shall bind my heirs and assigns.

57

I have read and understand this Waiver, and hereby sign it freely and voluntarily.

Signature

Printed Name

Date

SWORN TO AND SUBSCRIBED before me on this the __ day of , 2002

Notary Public in and for the State of Texas

Notary's Printed Name

My Commissioner Expires:

58

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SETTYJ.CULBREATH-USTERDIRECTOR

TO: COMMISSIONERS COURT

FROM: Betty Culbreath-Lister, Director

DATE: October 9, 2002

- .'

ZACHARY THOMPSONDEPUTY DIRECTOR

SUBJECT: PROFESSIONAL SERVICES CONTRACT REQUEST FOR PROPOSALS TO UPDATETHE COMPREHENSIVE HIV SERVICES PLAN

Background of IssueIn order to comply with federal requirements set forth in the Ryan White Comprehensive AIDS ResourcesEmergency (CARE) Act, as amended in 2000, the Dallas Eligible Metropolitan Area (EMA) HIV Ryan WhitePlanning Council (RWPC) has requested an update ofthe Comprehensive HIV Services Plan (ComprehensivePlan). The updated Comprehensive Plan will assist the RWPC with making informed recommendations inplanning for healthcare and related services for persons in the Dallas area living with HIV/AIDS in FY 2003and subsequent years.

Fiscal ImpactAn amount not to exceed $25,000 will be awarded to a contractor for updating the Comprehensive Plan. Acompetitive bid process will determine the final amount. There is no fiscal impact on the County.

Operational ImpactDCHHS Ryan White Council staffwill coordinate the selection ofthe contractor with the Planning and PrioritiesCommittee of the RWPC, and will monitor proper expenditures of the funds in accordance with theresponsibilities assigned by the Commissioners Court.

Legal ImpactThe signature of the County Judge is required on the contract with the selected contractor.

RecommendatiollIt is recommended that the Commissioners Court approve the Request for Proposals to update theComprehensive HIV Services Plan to be compliant with the FY 2000 Amendments ofthe Ryan White CAREAct.

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

2377 Stemmons FreewaySuite 600 LB-16

Dallas, Texas 75207-2710 Office (214) 819-1858FAJ«214) 819-6022

60

REQUEST FOR PROPOSALS

FOR AN UPDATE TO THE

COMPREHENSIVE HIV SERVICES PLAN

To be funded by

The Ryan White C.A.R.E. Act Title I

DEADLINES

Proposals Due:Monday, November 18, 2002, 2:00 p.m.

No Exceptions

Proposals must be delivered during regular working hoursbetween 8:00 a.m. and 4:30 p.m., Monday'tbrougbFriday, to:

Dallas County Purchasing Department509 Main Street, Room 623

Dallas, Texas 75202Telephone (214) 653-7431

Section

Part I

Part 1I

Part m

Part IV

Part V

Appendix A

Appendix B

Appendix C

Appendix 0

61

RFP #:

TABLE OF CONTENTS

Description Page No.

General Information............... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

Report Requirements...... 7

Timeline for Proposal Submission and Award................................................. 9

Required Form of Proposal............................................................ lO

Required Attachments to Accompany Proposal......... .. .. .. .. .. .. . .. . .. .. .. .. .. .. .. .. .. .. 12

Minority/Women Business Specifications And Forms............... ... ...... ... ...... ... 13

Certifications and Assurances.................................................................... 22

Example Proposal Score Sheet Used By Reviewers............... 24

Indemnity and Insurance Provisions General Form.................................... 27

2

62

RIP #:

PART I: GENERAL INFORMATION

GENERAL INFORJ.\1ATION PERTAINING TO PROPOSALS

1. Ambiguity, Conflict, or Other Errors in Request for Proposals (RFP). If a vendor discovers anyambiguity, conflict, discrepancy, omission, or other error in the RIP, the vendor shall immediatelynotify the County of such error in writing and request modification or clarification of the document.A modification will be made by issuing an addendum. Written notice will be given to all parties whohave been furnished the RIP without divulging the source of the request. If a vendor fails to notifythe County prior to the date and time fixed for submission of proposal of an error or ambiguity in theRIP known to the vendor, or an error or ambiguity that reasonably should have been known to thevendor, whom shall not be entitled to additional compensation or time by reason of theerror/ambiguity or its late resolution. The County may also modify the RIP prior to the date and timefixed for submission of proposals by issuance of an addendum to all parties who have received theRIP. All addenda will be numbered consecutively beginning with the number one (1).

2. Proposal Preparation Cost. Cost for developing proposals are entirely the responsibility of thevendors and shall not be chargeable to the County of Dallas.

3. Signature of Proposal. The cover sheet, which shall be considered an integral part of the proposal,shall be signed by an individual who is authorized to bind the vendqr contractually. If the vendor is acorporation, the legal name of the corporation shall be provided together with the signature of theofficer or officers authorized to sign on behalf of the corporation.

4. Delivery of Proposals. Please include one (1) original MlWBE Business Enterprise Specifications,and one (1) original proposal as specified in PART III and seven (7) copies of the proposal.Proposals must be delivered in a sealed package with the outside clearly marked "Response toRequest for Proposal #" Late proposals will be returned to the bidder unopened. Dallas County willnot be responsible for unmarked/improperly marked proposals, or for proposals delivered to thewrong location. Proposals shall be delivered by 2:00 p.m., Monday, November 18, 2002, to:

Dallas County Purchasing Department509 Main StreetRoom 623, Records BuildingDallas, TX 75202

5. Economy of Presentation. Proposals should not contain promotional or display materials, except asthey may directly answer, in whole or in part, questions contained in the RFP. Proposals must addressthe requirements set forth in the RFP in a concise and clear manner. Proposals that do not addresseach criterion may be rejected and not considered.

6. Implied Requirements. Services not specifically mentioned in this RFP, but which are necessary toprovide the functional capabilities described by the vendor, shall be included in the proposal.

7. Compliance with RFP Specifications. The vendor's response must coincide with the format of theRFP, as instructed, beginning with page one of the RIP.

8. Withdrawal of Proposal. A vendor may withdraw his proposal by submitting a written request forits withdrawal over the signature of an authorized individual as described in Sections 3 and 4 above,to the Purchasing Agent at any time prior to the submission deadline. The vendor may thereafter

3

63

RFP #:

submit a new proposal prior to the deadline. Modifications offered in any manner will not beconsidered if submitted after the deadline.

9. StatuslDisposition of Proposal. All proposals become the property of the County and will not bereturned to the vendor.

10. Contractual Development. The contents of the RFP and selected vendor's proposal will become anintegral part of the contract but may be modified by provisions of the contract as clarified. Therefore.the selected vendor must be amenable to inclusion in a contract of information provided (in writing)either in response to this RFP or subsequently during the selection processes.

11. Indemnification. To the fullest extent allowed by law, Contractor agrees to indemnify and holdharmless County, County Commissioners, County Judge, the County's elected officials, director,employees, agents, and representatives (hereinafter referred to as "Indemnities") against all claims,demands, actions, suits, losses, damages, liabilities, cost and/or expense of every kind and nature(including, but not limited to court cos~ litigation expense, and attorneys fees), paying same as theyaccrue, and all recoverable interest thereon, incurred by or sought to be imposed on Indemnitiesbecause of injury (including death) or damage to property (whether real, personal, or inchoate),arising out of or in any way related (whether directly or indirectly, causally, or otherwise) to: I) theperformance of, attempted performance of, or failure to perform, operation or work under thisContract by Indemnities, Contractor, its subcontractors and/or any other person or entity; 2) thecondition of the real property, including any improvements, on which said operations or work arebeing performed; 3) the selection, provision, use or failure to use, by any person or entity, of anytools, supplies, materials, equipment, or vehicles (whether owned or supplied by County, Contractor,or any other person or entity) in connection with said work or operations; or 4) the presence onCounty real property, including any improvements located thereon, of Contractor, its subcontractors,employees, suppliers, vendors or any other person acting on behalf of Contractor. Thisindemnification shall apply, whether or not any such injury or damage has been, or is alleged to havebeen caused in whole or part on any theory of liability, including negligence, intentional wrong doing,strict product liability or breach of non-delegated duty. Contractor further agrees to defend (at theelection of any Indemnity) against any claim, demand, action or suit for which indemnification isprovided.

12. Collusion. The successful vendor may be required to provide an affidavit that he has not conspiredwith other potential suppliers in any manner to attempt to control competitive pricing. However, thisparagraph does not preclude two or more suppliers of certain parts of the requirements frompresenting a combined or joint proposal for the purpose of providing a complete proposal.

13. Monetary Restitution. In the event the contract is prematurely terminated due to non-performanceand/or withdrawal by the Contractor, Dallas County reserves the right to seek monetary restitution (toinclude but not be limited to withholding of money owed) from the Contractor to cover costs forinterim services and/or to cover the difference of a higher cost (difference between terminatedvendor's rate and new company's rate) beginning the date of vendor's termination through thecontract expiration date. In the event civil suit is tiled to enforce this provision, Dallas County willseek its attorney's fees and cost of suit from the Contractor.

14. Venue. The construction, interpretation, and enforcement of this agreement shall be governed by thelaws of the State of Texas, and exclusive venue shall be in Dallas County, Texas.

IS. Conflict of Interest. No official or employee shall have any financial interest, direct or indirect, inany contract with the County or be financially interested, directly or indirectly, in the sale to the

4

64RFP #:

County of any land, materials, supplies, or services, except on behalf of the County as an official oremployee. Any violation of this section, with knowledge, expressed or implied, of the person orcorporation contracting with the County shall render the contract involved voidable by theCommissioners Court of Dallas County. It is the responsibility of the Contractor during all phases ofthe contract process to notify the County in writing of any potential conflict of interest.

16. Litigation. Any bidder/applicant who is currently involved, either directly or indirectly with anylitigation against or involving Dallas County, which, as determined by the Commissioners Court, maynot be in the best interest of the County may be disqualified and/or not considered for an award.

17. Duration of Agreement. The duration of this agreement shall be until completion of the project,which shall last no later than February 28, 2003.

18. Policy for Selection of Award. The proposals submitted will be based on competence andqualifications for the services to be performed at fair and reasonable prices. The overall selection willbe evaluated on the criteria as oUC'1ed in Attachment C.

19. Indemnity and Insurance Provisions: Insurance and Indemnity Provisions are applicable to thisRequest for Proposal as outlined in Attachment D.

20. Compliance. All vendors that submit proposals must ensure that they are compliant with the RyanWhite CARE Act, applicable Code of Federal Regulations (especially 24 CFR 574), applicable Officeof Management and Budget Circulars (especially OMS Circulars 87, 110, 122, and 133), GeneralProvisions for Texas Department of Health Contracts, Uniform Grants Management Standards, andrelated policies. All applicants must read and understand the aforementioned grant regulations andstandards as well as the assurances listed below. If applicants need to review any of theaforementioned grant regulations, please contact Kinnie Douglas at (214) 819-1879.

5

65RFP #:

21. DIRECTIONS TO PlTRCHASING DEPARTMENT

The RFP for for an Update to the Comprehensive HIV Services Plan the will be distributed through theDallas County Purchasing Department. The RFP will be available for pickup beginning Monday,October 28, 2002, at 8:00 a.m. Ask for RFP #. The proposals are due back to the Purchasing Departmentno later than 2:00 p.m., November 18, 2002 (Please refer to Proposal Time Line, p. 10).

The Purchasing Department is located on the sixth floor of the Records Building, which is bordered byElm Street on the north, Houston Street on the west, and Main Street on the south. Enter the RecordsBuilding from the Main Street entrance, and take the elevators in the lobby to the sixth floor. Follow thesigns to the Purchasing Department, Room 623.

Dallas County Purchasing DepartmentRecords Building, 509 Main Street

6th Floor, Room 623Dallas, TX 75202(214)653-7431

8:00 a.m. to 4:30 p.m.

6

66

RFP #:

PART II - REPORT REQUIREMENTS

COMPREHENSIVE HIV SERVICES PLA!"l'

Background

The purpose of the Comprehensive HIV Services Plan is to provide the Ryan White Planning Council ofthe Dallas Area, the Ryan White Consortium of North Texas, and Dallas County Health and HumanServices with a strategic plan to meet the current and future needs of persons living with HIYIAIDS in theDallas Eligible Metropolitan Area (EMA), Health Services Delivery Area (HSDA), and EligibleMetropolitan Statistical Area (EMSA). This encompasses the following counties: Collin, Cooke, Dallas,Denton, Ellis, Fannin, Grayson, Henderson, Hunt, Kaufman, Navarro, and Rockwall. Informationprovided in this report will be used to make informed decisions regarding all services for persons livingwith HIVIAIDS (PLWHA) that are funded by the Ryan White C.A.R.E. Act, State of Texas HIV Healthand Social Services Grant, and Housing Opportunities for Persons with AIDS (HOPWA) Grant.

Methodology

The selected contractor will be expected to gather, review, analyze, and interpret a wide variety ofinformation obtained from primary and secondary data sources. Secondary sources may include, at aminimum, epidemiological data, the 200 I Needs Assessment, data collected during the 200 I NeedsAssessment process, the 200 I Comprehensive Plan, the Texas Statewide Coordinated Statement of Need(SCSN) Instrument, and the CD-4 Online Management Patient Information System (COMPIS) data.Additional Sources may be approved, if necessary. Dallas County Health and Human Services (DCl-llIS)will provide the majority of the secondary data to the contractor upon selection and throughout thecontract term.

Upon completion, the report shall be made available as a hard copy and in Portable Document Format(PDF) (where applicable). All quantitative and qualitative data will be made available DCHHS inelectronic format as well.

Content for Final Report

The Comprehensive HIV Services Plan will be due in draft form to the Planning and Priorities Committeeof the RWPC and DCl-llIS on January 21, 2003. The Plan will be due in completed form to theRWPC/Consortium and DCl-llIS on February 28, 2003.

Formatting: The final written report must be one and one-half or double-spaced and contain no morethan twelve characters per inch of type. A verbal report, presented on an eighth-grade comprehensionlevel with an emphasis of visual displays of information, must be given at the RWPC/Consortiummeeting on March 12, 2003.

7

67

RFP#:

Both the written and verbal update report must contain, for the Dallas EMNHSDNEMSA, the following:

Section One: Where are we now --What is our current system of care?(Provided by Planning Council Support Staff to be inserted)

A. Description of the EMA

B. An epidemiological profile: current local epidemic, future trends, and description of local,state and/or regional response history to the epidemic;

C. Assessment of Need of Individuals Living with HIV In and Out of the Care SystemAssessment of care needsAssessment of gaps in carePrevention needs (optional)

D. Description of the current continuum of careWhat are the unmet service needs and delivery barriers in our continuum of care? What arethe unmet service needs and delivery barriers outside our continuum of care? What is theexisting continuum of care in our EMAlHSDNEMSA according to geographic sector, stageof health/illness, and subpopulations (with emphasis on the special population(s) surveyed inthe Needs Assessment)?

E. Resource Inventory: description of organizations and individuals providing the full spectrumof HIV services accessible to PLWH in the service area (by service category)

F. Profile of provider capacity and capability (by service category)

G. Barriers to care: should include various perspectives (client, provider, etc.), policy/regulatoryissues, infrastructure constraints, etc.

Section Two: Where do we need to go - What system of care do we want?

A. Ideal Continuum of CareShared vision - operational definition of continuum of careShared values - guiding principles that shape the HIV-related system of care 10 theregion; i.e. may include cost effectiveness, high quality services, etc.

Section Three: How will we get there - What Steps can we take to develop this ideal system? Whatstrategies are needed to assure access to the system?

A. Goals, objectives, and activities must be included.1.) Long-tenn goals and objectives regarding systems, planning, evaluation and servicerelated goals and objectives to be considered and reviewed every 3 years2.) Short tenn (annual) goals and objectives for care and treatment.3.) Objectives need to be stated in specific and measurable tenns with identified time lines

8

68

RFP#:

Section Four: How will we monitor our progress -- How will we evaluate our progress in meetingour short and long term goals?

A. Implementation PlansB. Monitoring PlansC. Evaluation Plans

Coordination and Collaboration

The proposal awarded the contract for updating the Comprehensive HIV Services Plan will be required towork in collaboration with the RWPC/Consortium, DCHHS. In addition, the contractor will be expectedto coordinate their projects with the Support Staff of the RWPC/Consortium. Periodic updates should begiven to Support Staff and the Planning and Priorities Committee Chair on a weekly basis, in order toassist the contractor with any experienced difficulties.

Maximum Funding Available for this Project:

The funding range available for this project is $20,000 to $25,000. Proposals that are greater than thelatter amount will not be considered.

9

69

RFP #:

PART III - TIMELINE FOR PROPOSAL SUBMISSION AJ."ffi AWARD

RFP is mailed to Interested Contractors

Newspaper Advertisement

Deadline for Proposal Receipt

Proposal Review/lnterviews

Recommendation of selectedContractor(s) to RWPC/Consortium

Consideration of Contractor(s)selection by Commissioners Court

Contract Begins

Draft of Comprehensive PlanUpdate Due

Final Comprehensive PlanUpdate Due

Present to RWPClConsortium

10

October 28, 2002

Week of October 27,2002

November 18, 2002

November 25, 2002

December 11, 2002

January 7, 2003

January 7, 2003

February 21, 2003

February 28, 2003

March 12,2003

70

RFP #:

PART IV - REQUIRED FORt\1 OF PROPOSAL

Each Proposal will be evaluated and scored based on infonnation provided and organized as follows.

A. Cover Sheet: name and general contact infonnation of applicant

B. Abstract: a one-page summary discussing the proposed project, contractual amount requested,and methodology for conducting the project.

C. Project Design and Funding: a complete discussion of the project. This narrative should coverin detail the methodology of the project, the specific timeline for implementing and completingthe project, the planned project team members, and identify any problems that may beencountered. The narrative in this section should refer to the detailed budget provided inAttachment A and specifically discuss all sources of funds to be utilized for the project, if anyfunds, other than those allocated through the contract are to be used. Maximum length is 5 pages,letter size paper.

D. Inclusion of UnderservedlMinority Groups: approximately one page that discusses theproject's accessibility to disenfranchised groups, including plans to utilize members of thesegroups in the project.

E. Qualifications: a discussion of the vendor's qualification in conducting the project. Describeprevious experiences in dealing with the AIDS community in equivalent or similar projects. Inaddition, sensitivity to all areas of the community to be served should be demonstrated. Anyinterviewers involved in a survey must be culturally and linguistically diverse and mirror thepopulation being interviewed/served (if applicable). Maximum length is two pages letter size

~

F. Supporting Letter: include a letter supporting the vendor's participation in the project by one ofthe following:

the Dean, President, or Chief Executive Officer (CEO) of an institution, if the vendoris associated with a college or university.

The Chair of the Board or the CEO of the organization, if the vendor is associatedwith a private organization.

A proposal submitted by an individual or a sole proprietor is exempt from thisrequirement.

G. Required Attachments: include all attachments as designated in Part V of this RFP.

II

71

RFP #:

PART V - REQUIRED ATTACHMENTS TO ACCOMPANY PROPOSAL

Each proposal must contain the following attachments:

ATTACHMENT A Detailed Budget for Project

ATTACHMENT B Certifications and Assurances (see Appendix B, p. 23)

ATTACHMENT C ivVWBE Forms (see Appendix A, p. 14)

12

72

RFP #:

APPENDIX A

13

73RFP#:

MINORITYIWOMEN BUSL~ESS SPECIFICATIONS AND FOR\1S

Questions concerning this section should be directed to:

Mr. Irvin R. HicksMinority Business Officer

Minority & Women Business EnterprisesPhone: (214) 653-6018

Fax: (214) 653-7449

14

74

RFP#:

MINORITYIWOMEN BUSINESS SPECIFICATIONSFOR BIDSIRFPs

I. POLICY STATEMENT Dallas County is wholly committed to developing, establishing,maintaining, and enhancing minority involvement in the total procurement process. It is the policy ofDallas County to involve qualified minority/women-owned businesses to the greatest extent feasible inthe County's procurement of goods, equipment, services, and construction projects. The County, itscontractors, their suppliers and subcontractors, and vendors of goods, equipment services, andprofessional services shall not discriminate on the basis of race, color, religion, national origin, handicap,or sex in the award andlor performance of contracts. However, competition and quality of work remainthe ultimate "yardstick" in contractor, subcontractor, vendor, service, professional service, and supplierutilization. All vendors, suppliers, professionals, and contractors doing business or anticipating doingbusiness with Dallas County shall support, encourage, and implement affirmative steps toward ourcommon goal of establishing equal opportunity for all citizens of Dallas County.

n. REQUIREMENT OF ALL BIDDERS Each firm responding to this solicitation shall be required tosubmit with their bid information regarding minority/women business participation in this project. Thiswould include:

Check upon completion (forms attached):

U I. Compliance with Dallas County's Good Faith Effort Policy.

U 2. MBE/WBE Participation Report Form.

U 3. A Letter of Assurance A or a Letter of Assurance B.

U 4. MBE/WBE Identification.

U 5. Proposer Statistical Report (must also be submitted on subcontractors with 20% or more of thework).

U 6. Dallas County MlWBE Payment Report.

NoteIn the event that the awarded proposer is authorized to subcontract and commits effort toutilize minority and/or women owned businesses as subcontractors. the name, addressand telephone number o/the actual subcontractor(s) with actual dol/ar awards to thesesubcontractors must be submitted to the Purchasing Department within five (5) workingdays after bids are opened. Once work commences, the awarded proposer (primecontractor) must submit an M/WBE subcontractor status payment report (attached) witheach payment invoice be/ore payments will be authorized/or release.

filename: clmwbeimwbe_899 wpd

15

75RFP #:

1. GOOD FAITH EFFORT

Prior to an award, all bidders/proposers will be required to document a "Good Faith Effort" to secureminority/women-owned businesses as subcontractors/subconsultants. In the case of some constructionprojects, this documentation may be submitted after award of the contract, for those subcontract areasoccurring later in the construction process. However, if the successful bidder does not document a "GoodFaith Effort" in securing minority/women-owned businesses, a representative of the company must appearbefore the Dallas County Commissioners Court and explain the situation and answer any questions raisedby the Court.

Fulfillment of the "good faith effort" can be accomplished by:

1. Attendance of pre-bidlpre-proposal conference, as scheduled by the County.

2. Efforts to follow-up initial solicitation of interest by contacting minority/women-ownedfirms to determine with certainty whether these firms are interested.

3. Efforts made to select portions of the work proposed to be performed byminority/women-owned firms in order to increase the likelihood of achievingparticipation (including, where appropriate, breakdown of subcontracts into economicallyfeasible units to facilitate participation).

4. Documenting each minority/woman-owned firm contacted, the conclusion or decisionregarding inclusion and reasons for the conclusions.

5. Efforts to assist the minority/women-owned firms contacted that needed assistance inobtaining bonding, lines of credit or insurance.

6. Efforts that demonstrate that the contractor effectively used the services of availablecommunity organizations, contractor's groups, local, state and federal small businesses,minority/women business assistance offices and other organizations that provideassistance and placement of minority/woman-owned businesses.

Signed: _

Printed Name: ------------Title: _

Date: _

16

PROJECT NUMBER

RFP#:2. MBEIWBE PARTICIPATION REPORT

PROJECT TITLE

Total Amount of Your Bid S(The amount above should equal the total amount as shown on the bid sheet)

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

Name of MBEIWBE NCfRCA· Certification II Phonell S 1M" Description of Work Amount %

..........Q\

"North Centrall'uas Regional Certifieation Ageney - ""S; Sub (eontraetor/eonsultant) ""M; Material Supplier

L-I No MBEIWBE's Added: Please EXllJlalin: _

COMPLETE THIS PORTION OF THE FORM WITH DATA ON YOlJR COMPANY.

NAME OF YOUR BUSINESS: ADDRESS:

( )

PHONEII

Printed Name Of Preparer Signature

17

Title Date

Women Business Enterprise (WBE) - The bidder/proposer represents that it:U is, U is not a women-owned business, NCTRCA* #

[4.)

PRIME CONTRACTOR MBEIWBE IDENTIFICATION

Minority Business Enterprise (MBE) - The bidder/proposer represents that it:LJ is. LJ is not a minority-owned business, NCTRCA* # _

77

RFP #:

MinoritylWomen Business Specification

[3. )LETTERS OF ASSURANCE

: __•..•.................................................................................~

Letter Of Assurance" A"The undersigned bidder/proposer hereby assures that our firm will meet or exceed submitted MJWBE goals and shall .demonstrate and document a Good Faith Effort to comply with the Dallas County Minority and Women-Owned .Business Enterprises in subcontract/subconsultant awards. The undersigned further agrees that any deviation fromthe initial goals will be done so only with the concurrence of Dallas County.

Name Of Company Signature Title (Officer of firm) Date ..........................................................................\f~.!!!.e!~~.~..~.~~..~~:~.~!! ..~!!.I.y..!.f.x.~~.::.~ ..p..I.~!!.!!!.~.~~ ..u.~~..~~..~~!:Y.!.~.~~..~!.~..~.~!!:I.~.~ ..~~~L. _ _ _ :

~ - - --·--····-····..··········..····--·----·..·-····1Letter Of Assurance "B"

The undersigned bidder/proposer hereby certifies that our frrm will perform the contract:

[_J with our own work forces, and submit information sufficient to demonstrated that it is our normal businesspractice to do so. or

Ll without the services of MlWBE subcontractors/subconsultants. The undersigned further submits GFEdocumented attempt(s).

: :

Name Of Company Signature Title (Oftker of firm) Date •l ..\~!?!!!p.!~~..!!!~~.~~~!!..~.!y..!.f..Y.~~.::.:.~.?~.p.!.~.'.!!i ..~~..~~.!!:!~.~!:Y.!:=!J.f.~.~!.~~..!.~!!~2.. _ ;

NOTE: E4eIt pl'OfHJU" will be rqllimi to sip OM o{tlu Ilbov~ /nttrS O{IlSSUf/l1fU wlticlt sltOllld be ntlAfMd witlt proposal

f-----------------------------------------------------------------------------,1I

I

111

I

I

I1

1

I

I

I

II

: *NCTRCA" North Central Texas Regional Certification (must be certified. by)i ------------------------1

78

RFP #:

D DALLAS COMP....NY .......ME:

!f. ~ COUNTY, l •

..\OORESS:., i' Vendor Statistical Report~;"!,, ~,~'ptl...... pII'1anDula ;> 19'% of s......

TELEPHONE:Pe,......t F.IJ..nlBe 1:."",,'

'''''' part ume/,em!>'.euonali

MALE "'ATIVE ,-,SIAN ....SI....NWHITE BUCK HISPANIC -,MERIC."N PACIFlC INDIAN o ......

OfficIalS/Managers

ProfessIonals

Techn'Clan!

Sales Workers

OfficeiClencal

Craft Workers (SkIlled)

0l'erallves (Semi Skilled)

Laborers (Unslulled)

SERVICE WORKERS

TOTAL

FORMAL ON·THE·JOBTRAINEES,WHITE COLLAR

PRODUCTION

FEMALE NATlVt ASIAN ASIANWHITE BUCK HISPANIC ....MERICAN PACIFIC INDIAN OTHER

OfficWsi Manaaers

Professionals

Technicians

Sales Workers

OfficeiClencal

Craft Workers (Skl1led)

0l'er111Ye-(SeIDl Skilled)

Laboms (Unslulled)

Servsce Workers

TOTAL

FORMAL ON·THE·JOBTRAINEES:WHITE COLLAR

PRODUCTION

TOTAL

CHECKMiDority..Qwned Firm CertifieatiOD /I -by Sipatllrero.tr.ONE: Nene"

Women..Qwned Firm CeruficanOll /I I_by Typed Name and Title:sene"

NOD-Mioonty Owned Firm

79

RFP#:

DESCRIPTION OF JOB CATEGORIES

Officials and Managers - Occupations requiring administrative/managerial personnel who set broad policies, exercise overallresponsibility for execution of these policies, and direct individual departments or special phases of a firm's operations. Includes:officials, executives, middle managers, and superintendents. salaried supervisors who are members of management. purchasing agents andbuyers. railroad conductors and yard masters, ship captains, mates and other officers, farm operators and managers, and kindred workers.

Professionals - Occupations requiring either college graduation or experience of such kind and amount as to provide a comparablebackground. Includes: accountants/auditors, airplane pilots, navigators, architects, artists, chemists, designers, dieticians. editors,engineers, lawyers, librarians, mathematicians, natural scientists, registered professional nurses, personnel/labor relations specialists,physical scientists, physicians, social scientists, teachers, and kindred workers.

Technicians· Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through two (2)years of post-high school education, such as is offered in many technical institutes and junior colleges. or through equivalent on-the-jobtraining. Includes: computer programmers, drafters, engineering aides, junior engineers, mathematical aides, licensed. practical orvocational nurses, photographers, radio operators, scientific assistants. surveyors, technical illustrators. technicians (medical. dental,electronic, physical science), and kindred workers.

Sales - Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and sales workers, insurance agents andbrokers, real estate agents and brokers, stock and bond sales workers, demonstrators, sales workers and sales clerks, grocery clerks, andcashiers/checkers. and kindred workers.

Office and Clerical - Includes clerical type work regardless of level of difficulty, where the activities are predominately non-manualthough some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, collectors(bills/accounts), messengers, office helpers, office machine operators (inc I.computer), shipping- receiving clerks, stenographers, typists,secretaries, telegraph/telephone operators, legal assistants, and kindred workers.

Craft Workers (skilled) - Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processesinvolved in their work. Exercise considerable independent judgment and usually receive an extensive period of training. Includes: buildingtrades, hourly paid supervisors and lead operators who are not members of management, mechanics and repairers. skilled machiningoccupations, compositors and typesetters, electricians, engravers, painters (construction and maintenance), motion picrure projectionists,pattern/model makers, stationary engineers, tailorS, traitoresses, art occupations, hand painters, coaters, bakers, decorating occupations, andkindred workers.

Operatives (semiskilled) - Workers who operate machine or processing g equipment or perform other factory-type duties of intermediateskill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics, plumbersbricklayers, carpenters, electri.cians., machinists, mechanics, building trades, metalworking trades, printing trades, etc.)., operatives,attendants (auto service and parking), blasters, chauffeurs, delivery workers, sewers and stitches, dryers, furnace workers, heaters, laundryand dry cleaning operatives, milliners, mine operatives and laborers, motor operators, oilers and greasers (except auto), painters(manufacrured articles), photographic: process workers, stationary fIre fighters, truck and tractor drivers, knitting, looping, taping andweaving machine operators, welders and flame cutters, electrical and electronic equipment assemblers, butchers,meat cutters, inspectors,testers and graders, hand packers and packages, and kindred workers.

Laborers (unskilled)· Workers in manual occupations which generally require no special training, performs elementary duties that may belearned in a few days and requires the application of little or no independent judgement. Includes: garage laborers, car washers andgreasers, groundskeeper and gardeners, farm workers, stevedores, wood choppers, laborers performing lifting, digging, mixing, loading andpulling operations, and kindred workers.

Service Workers - Workers in both protective and non-protective service occupations. Includes: attendants (hospital and otherinstitutions, professional and personal service, including nurses aides, and orderlies), barbers, char-workers and cleaners. cooks counter andfountain workers, elevator operators, fIre fighters and fire protection, guards, doorkeepers, stewards, janitors, police officers and detective.porters, waiters and waitresses, amusement and recreation facilities attendants, guides, users, public transportation attendants, and kindredworkers.

On-the-Job Trainees:Production - Persons engaged in formal training for craft worker .- when no trained under apprentice programs '. operative, laborer

and service occupations.White Collar - Persons engaged in formal training, for official, managerial, professional, technical, sales, office and clerical

occupations.

DALLAS COUNTY MBEIWBE PAYMENT REPORT

Project Number Project Title Invoice# Work Order Date Job #

prior to finalization.

Prime/General Contractor

List each MBElWBE business that you plan to use on this initiative. Deletion of firms must be approved by Dallas County

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

co~

Note:This form must be completed and submitted with each payment request.Any (significant) deviation from planned should include attached explanation

===================================================================================================================~==~=

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

Printed Name of Officer/Director Signature of Officer/Director

21

Date Dallas County Project Mgr Date

81

APPENDIXB

22

82

CERTIFICATIONS AND ASSURANCES

By my signature below, [ certify that:

AGENCY/INDIVIDUAL NAME: _

Will abide by all conditions specified in the documents listed below and attached here to.

A. Assurance for Non-Construction Programs (Standard Form 424B)

B. PHS Certifications (PHS Form 516-1, page 17).

Typed Name: _

Title: ----------Signature: _

Date: _

23

83

APPENDIXC

24

84

EXAMPLE SCORE SHEET USED BY REVIEWERS

PROPOSALSCORESHEET

APPLICANT: _

REQUESTED AMOUNT: _

I COMMENTS:

III II

III

II. ACCESSIBILITY: COMMENTS:I (0-15) --I

III. APPLICANT QUALIFICATIONS: COMMENTS:(0-20) --

IV. *MBEIWBE: COMMENTS:(0-15) --

TOTAL: COMMENTS:(0-100) --

I I. PROGRAM DESIGN:I (0-50)

,.. MBElWBE scored by Dallas County Mmonty Busmess Officer

25

85

h d t

Not StatedI

StatedI

FairI

GoodI

Very GoodI

Excellent I0 1 2 3 4 5

I. PROGRAM DESIGN (50 Points Maximum)A. Meets Needs (10 points maximum)

Rate on ability of proposed project to meet project x2=--requirements as described in the RFP. .B. Statement of proposed project (10 points maximum)

Rate the clarity of statement on scope of proposed x2=--project. organization of project, demonstratedunderstandinl2; of proiect as described in the RFP.

C. Potential Problems (5 points maximum)Rate the description of anticipated problems incompletion of the project and proposed solutions.

D. Final Format (10 points maximum)Relates to RFP requirements for final project format. x2=--Rate the description of the information to be included infinal report and ability to produce reports and/orinformation in an acceptable format.

E. Timeline (5 points maximum)Rate on reasonableness, lag before project is operationaland completion of tasks on timeline (to demonstrateunderstanding of process),

F. Budget and Personnel (10 points maximum)Rate on reasonableness; relationship to stated project x2=--methodology; staffing required to complete project

•SECTION SCORE

Total scores A through F, Insert total on previous pnge. ---II. ACCESSIBILITY (15 Points Maximum)A. Past Record (5 points maximum)

Rate the applicant's history with HIV affectedcommunity and demonstrated ability to accessdisenfranchised j2;fOUPS,

~. ~ .SECTION SCORE

Total 'icon's A and B. Insert total on previous page. _

B. Proposed Program (10 points maximum)Rate the proposed outreach methods to disenfranchised x 2 =groups and proposed collaborative programs with

. th t t d' fr h' d

m. APPLICANT UALIFICATIONS 20 Points Maximum

•SECTION SCORE

Insert total on previous page. _

A. Specific Service Experience (20 points maximum)Rate the applicant's length/amount of experience, rate x 4 =experience in similar projects, experience in HIV services,demonstrated ability to meet deadlines for major projects,

d f, . nal credentials

26

86

APPENDIXD

27

87

INDEMNITY AND INSURANCE PROVISIONS GENERAL FORM

CONTRACTOR agrees that it will protect, defend, indemnify, and save whole and harmless theCounty and all of its officers, agents, and employees from and against all claims, demands,causes or action, damages, judgments, loss and expenses, including attorney's fees, ofwhatsoever nature, character, or description that any person or entity has or may have arisingfrom or on account of any injuries or damages (including but not restricted to death) received orsustained by any person, persons, or property, on account of, arising out of, or in connection withthe performance of the work, including without limiting the generality of the foregoing, anynegligent act or omission of the CONTRACTOR or any agent, servant, employee or sub­contractor of CONTRACTOR in the execution or performance of this Contract.CONTRACTOR further agrees to protect, indemnify and hold County harmless against and fromany and all 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 provisions of thiscontract of any failure of CONTRACTOR, its employees, officers, agents, consultants, invitees,or assigns in any respect to comply with and perform all the requirements and provisions hereof.

Approval and acceptance of CONTRACTOR's work by the County shall not constitute norbe deemed a release of the responsibility and liability of the CONTRACTOR, its employees,subcontractor(s), agents or consultants for the accuracy and competency of their work; norshall such approval and acceptance be deemed to be an assumption of such responsibility bythe County for any defect, error or omission in the work prepared by CONTRACTOR, itsemployees, subcontractors, agents or consultants. In this regard, CONTRACTOR shalldefend, hold harmless and indemnify the County for damages resulting from such defects,errors or omissions and shall secure, pay for and maintain in force during the term of thisContract sufficient Professional Liability or Errors and Omissions insurance in an amountof not less than One Million and 00/100 Dollars ($1,000,000.00) single limit with certificatesof insurance evidencing such coverage to be provided to the County. Such certificates ofinsurance shall specifically name the County as a loss payee.

I. INSURANCE. CONTRACTOR, at CONTRACTOR's sole cost, shall additionallypurchase and maintain in force the following minimum insurance coverage during theterm of this Contract. Such insurance shall be in the amounts and in full compliancewith the following terms and conditions:

A. COUNTY requires and CONTRACTOR agrees that the following insurancecoverage will be met and in effect without interruption for the life of the awardedcontract and any renewal or extension. CONTRACTOR will submit within ten(10) days after the Effective Date of this Contact (Amendment to the Contract) tothe Dallas County Purchasing Department a certificate of insurance, or ifrequested by County, a certified copy of the insurance policy, providingverification of the herein required coverage. The certificate of insurance shall listDallas County as the certificate holder. All certificates of insurance shall beidentified with the BidlRFPIRFQ number. Full verification and prior acceptanceby Dallas County of the insurance provided shall be a condition precedent to thecommencement of any work or delivery. Acceptance of the verification ofinsurance shall not relieve or decrease the liability of CONTRACTOR. Dallas

28

88

County may withhold any payment to CONTRACTOR and will neither beresponsible for nor authorize payment for any item or items listed in thisagreement in its original form or as it may be modified in the future for which theCounty may be liable without having the applicable certificates (or certifiedpolicy) on file. All policies shall be issued by an insurance company acceptableto County and authorized to do business in the State of Texas, having a rating ofA or better by A.M.Best Co. All insurance cost including any deductibles, whichshall not exceed ten percent (10%) of the coverage, shall be paid in full byCONTRACTOR without cost to or contributions from Dallas County. Thefollowing minimum insurance coverage is required:

1. Workers' Compensation Insurance in the amount and in compliancewith the provisions as provided for by Texas Law as established by theTexas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Codefor all of his employees assigned to operate or work under this Contract.In the event the CONTRACTOR elects to sublet any work,CONTRACTOR shall require subcontractors to provide Workers'Compensation Insurance for all of the latter's employees unless theCONTRACTOR affords such employees protection.

Types of Coverage Limits of Liability

a. Workers Compensation Statutory

b. Employer's Liability

Bodily injury by Accident$500,000 Ea. Accident

Bodily injury by Disease $500,000 Ea Employee

Bodily.injury by Disease $500,000 Policy Limit

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

2. Comprehensive General Liability Insurance. including ContractualLiability - Commercial General Liability Insurance coverage for thefollowing: (1) Premises Operations; (2) Independent contractors orconsultants; (3) Products/Completed Operations; (4) Personal Injury; (5)Contractual Liability; (6) Explosion, Collapse and Underground; (7)Broad Form Property Damage, to include fire legal liability. Suchinsurance shall carry limits of One Million and 00/1 00 Dollars($1,000,000.00) for bodily injury and property damage per occurrencewith a general aggregate of One Million and 00/1 00 Dollars($1,000,000.00) and products and completed operations aggregate of OneMillion and 00/100 Dollars ($1,000,000.00). There shall not be any policyexclusion or limitations for contractual liability covering theCONTRACTOR's obligations herein; personal injury/advertising liability;medical payments; fire damage, legal liability; broad form propertydamage, and/or liability for independent contractors.

29

89

3. Commercial Automobile Liability - Commercial Auto Liabilitvinsurance covering all owned, hired and non-owned vehicles used inconnection with the work performed under the Contract with limits ofliability not less than One Hundred Thousand and 00/1 00 Dollars($100,000.00) each person and Three Hundred Thousand and 00/100Dollars ($300,000.00) each accident for bodily injury and One HundredThousand and 00/1 00 Dollars ($100,000.00) each occurrence for propertydamage or a combined single limit for bodily injury and property damageliability of not less than Four Hundred and 00/100 Dollars ($400,000.00)

4. Professional Liability - Insurance Requirements - CONTRACTORshall indemnify County for damages resulting from defects, errors oromissions and shall secure, pay for and maintain in force during the termof the Contract and thereafter for an additional five (5) years from date the

5. Project is accepted as complete by the Commissioners Court, sufficienterrors and omissions insurance in an amount of not less than One Millionand 00/1 00 Dollars ($1,000,000.00) single limit, with certificatesevidencing such coverage.

B. CONTRACTOR agrees that, with respect to the above referenced insurance, allinsurance contracts will contain following required provisions:

1. Policies must include the following clauses. as applicable.

a. "This insurance shall not be canceled, limited in scope or coverage,or non-renewed until after forty five (45) days prior written notice,or ten (l0) days for non-payment of premium, has been given bythe insurance company to the County"

b. "It is agreed that the CONTRACTOR's insurance shall be deemedprimary with respect to any insurance or self insurance carried bythe County for liability arising out of operations under the contractwith the County."

c. "Dallas County, County Commissioners, County Judge, theCounty's elected officials, director, employees, agentsrepresentatives and volunteers are added as additional insured asrespects operations and activities of, or on behalf of the namedinsured performed under contract with the Owner". This is notapplicable to the workers' compensation policy.

d. "The workers' compensation and employers' liability policy willprovide a waiver of subrogation in favor of the County.

2. Workers' compensation insurance must include the responsibility ofCONTRACTOR to provide coverage for every worker either underCONTRACTORs policy or under the policy provided by a subcontractor.CONTRACTORs policy shall provide that, in the event that asubcontractor's policy fails to provide worker's compensation coverage ofa worker, that such insurance coverage is provided by CONTRACTORspolicy. CONTRACTOR shall obtain certificates of coverage for

30

90

subcontractors carrying their own policies, pnor to any subcontractorproviding services under this Agreement.

By signing this Agreement or providing or causing to be provided a certificate ofcoverage, CONTRACTOR is representing to County that all employees ofCONTRACTOR who will provided services under this Agreement will be covered byworkers' compensation coverage for the duration of this Agreement. Consultant furtherrepresents that the coverage will be based on proper reporting of classification codes andpayroll amounts, and that all coverage agreements will be filed with e appropriateinsurance carrier, or in the case of self insurance, with the Texas Workers CompensationCommission. Providing false or misleading information may subject CONTRACTOR toadministrative penalties, criminal penalties, civil penalties or other civil actions.

3. Provide for an endorsement that the "other insurance" Clause shallnot apply to Dallas County where COUNTY is an additional i;'1sured onthe policy.

4. Provide for notice to the COUNTY at the address shown below byregistered mail.

5. All Insurance Coverage shall be on an occurrence basis unlessspecifically approved in writing and executed by the County's Directorand Risk Manager.

B. In addition to any and all other remedies the COUNTY may have uponCONTRACTOR's failure to provide and maintain any insurance or policyendorsements to the extent and within the time herein required, COUNTY shallhave the right:

1. to order CONTRACTOR to stop work hereunder which shall not constitute aSuspension of Work

2. withhold any payment(s) which become due to CONTRACTOR hereunderuntil CONTRACTOR demonstrates compliance with the requirements hereof,or (Alternative language: until (a) minimum required insurance is acquiredand financial security for that time where insurance was not provided to asrequired herein, or (b) four (4) years from the date ofthe end ofthe time suchinsurance was not provided; or (c) four (4) years from the date all claimsand/or suits are finally settled and/or extinguished.)

3. at its sole discretion, declared a material breach of this Agreement, which, atCounty's discretion may result in

a. termination of this Agreement; or

b. demand on any bond, as applicable; or

c. the right of the County to complete this Agreement by contract with the"next low bid", CONTRACTOR being fully liable for the differencebetween the original contact price and the actual price paid, which amountis payable to County by CONTRACTOR on demand; or

d. any combination of the above, or

31

91

4. any combination of the above.

5. Each provision herein shall survive Agreement termination.

C. CONTRACTOR shall advise COUNTY in writing within 24 hours of any claimor demand against COUNTY or CONTRACTOR known to CONTRACTORrelated to or arising out of CONTRACTOR's activities under this AGREEMENT.

D. The provisions of this section are solely for the benefit of the parties hereto andnot intended to create or grant any rights, contractual or otherwise, to any otherperson or entity.

E. Approval, disapproval or failure to act by the COUNTY regarding anyinsurance supplied by CONTRACTOR shall not relieve CONTRACTOR of fullresponsibility or liability for damages and accidents as set forth herein. Neithershall bankruptcy, insolvency or denial of liability by any insurance companyexonerate CONTRACTOR from liability.

F. Acceptance of the final products by COUNTY shall not constitute nor bedeemed a release of the responsibility and liability of CONTRACTOR, itsemployees, associates, agents or subcontractor for the accuracy and competencyof their work; nor shall such acceptance be deemed an assumption ofresponsibility or liability by COUNTY for any defect in the work productsprepared by said CONTRACTOR, its employees, subcontractors, and agents.

G. Standard of Care: Services provided by CONTRACTOR under this Contractwill be performed in a manner consistent with that degree of care and skillordinarily exercised by members of the same profession currently practicingunder similar circumstances.

H. Nothing herein contained shall be construed as limiting in any way the extentto which CONTRACTOR may be held responsible for payments of damages topersons or property resulting from CONTRACTOR's or its subcontractors'performance of the work covered under this Contract.

32

92

Dallas CountyJUVENILE DEPARTMENT

02 OCT -9 Pi1 2: 28

TO:

FROM:

Dallas County Commissioners

Michael Griffiths, DirectorJuvenile Department

SUBJECT: Approval to Conduct 4th Annual Conference on the Treatmentand Supervision of Juvenile Sex Offenders

DATE: October 8, 2002

Background:

The Psychological Services Division ofthe Juvenile Department is a leader in the treatmentof juvenile sex offenders, having delivered training and presentations to professionalassociations and giving testimony before the State Legislature regarding juvenile sexoffender treatment. In order to provide quality professional development to our PsychologyDivision, probation staff, and the community, as well as remaining abreast of the mostrecent research and developments in the field of juvenile sex offenders, the Departmentbegan offering an annual conference on the treatment and supervision of juvenile sexoffenders in 1998. The three annual conferences were highly successful and drewparticipation from throughout the State. These conferences were each attended byapproximately100 participants and all costs associated with the 1998, 1999 and 2000conferences were covered by the registration fees, which were deposited into a specialescrow account. A balance of approximately $676.00 remains after expenses from theprior years conferences.

The conference was not held in 2001 due to the retirement Dr. Salem Ateek, our long-timechief psychologist. Due to scheduling, we cannot hold the conference again until April2003. The purpose of this briefing is to request permission to conduct the 4th AnnualConference on the Treatment and Supervision of Juvenile Sex Offenders.

Imp,ct on Operation,:

The 2003 workshop is scheduled for April 17-18, 2003, and will be held at Scottish RiteHospital. The Juvenile Department's Training Unit will coordinate the logisticalarrangements and the Psychological Services staff will determine the content of theconference and the recruitment of speakers. Participants will receive 14 continuingeducation units (CEU's) for the two day event. CEU hours will apply to the required traininghours for certification/licensure ofRegistered Sex OffenderTreatment Providers, LicensedProfessional Counselors, Psychologists, TYe Parole Officers, and Juvenile ProbationOfficers.

93

Conference on the Treatment and Superv';J,on 01 Juvenile Sex Offenders

Financial Impact:

Page 2

The Juvenile Department will charge external workshop attendees a $150.00 earlyregistration fee, with an increase to $175.00 for on-site registration. Approximately 100participants are expected to attend, which includes 50 internal Juvenile Departmentemployees that will not be charged a fee to attend. Registration fees will be deposited intoan escrow account (#21638) maintained by the County Auditor's Office. Expenses relatedto this event will be dispersed from this account and there will be no fiscal impact onCounty funds. Any proceeds remaining after expenses will be allocated to the escrowaccount and used for appropriate juvenile related activities such as training and staffdevelopment. The registration fees of 33 participants will be required to pay the estimatedexpenses associated with the conference.

Legal Impact:

The Juvenile Department will review the planned conference with the Juvenile Board attheir October, 2002 meeting. Commissioners Court approval is needed at this time toconfirm reservations with Scottish Rite and to allow presenters to confirm their schedules.We are not aware of any legal issues involved in hosting the conference.

Recommendation:

It is recommended that the Dallas County Commissioners Court approve the JuvenileDepartment's request to host the 4th Annual Conference on the Treatment andSupervision ofJuvenile Sex Offenders scheduled forApril 17-18, 2003, and that attendeesother than the internal Juvenile Department attendees be charged a $150.00 earlyregistration fee and $175.00 on-site registration fee. It is also recommended that theDallas County Auditor be authorized to utilize escrow account No. 21638 for acceptingregistration fees and paying expenses associated with the conference. Further, it isrequested that any funds remaining after payment of all expenses for the conference beplaced in escrow account No. 21638 to be utilized for appropriate juvenile related activities.

Recommended: M/ tf;/ /1./~;:;L~"""''---__MiChUl K:Griffith~~~ .

94Dallas CountyEngineering & Project Management

02 OCT -9 Pii 2: 15October 15, 2002

TO:

FROM:

Commissioners Court

Bernard E. Blanton

THROUGH:

SUBJECT:

Dan Savage, Assistant Administrator for Operations

Dallas County "Old Red" Courthouse, Preservation and Restoration, Phase I

BACKGROUND:Court Order No. 200 1-194Court Order No. 2001-247Court Order No. 200 1-805Court Order No. 2001-1398Court Order No. 2001-1725

0l/23/01ol/30/0 I04/24/0107/24/0109111/0 I

Award ofan AlE Consultant Services Contract to James Pratt Architecture Urban Design.Dallas County accepts grant award from Texas Historical Commission.Amendment No. I to AlE Contract for asbestos abatement consultant services.Amendment NO.2 to AlE Contract for foundation, HVAC & acoustics investigations.Amendment No.3 to AlE Contract for full size mockup windows.

The AlE Consultant Services Contract is structured to allow Dallas County, at its option, amendments to the contract at later dates forinclusion of additional work as the Phase I construction work removes the non-historic finish-out. This exposes more of the originalbuilding design and structural interior of the Old Red Courthouse. The construction contract for Dallas County "Old Red" Courthouse,Preservation and Restoration, Phase I-A work is approximately 15% complete.

IMPACT/OPERATIONS: The additional consultant services requested permits James Pratt Architecture Urban Design, Inc. toinclude consultants required to continue investigation and design of the following under the Phase I work:

AMENDMENT NO.4:PLUMBING:4.1. Replace blocked & broken drain lines to street, south lawn. (MEP Consultant, Lopezgarcia Group)4.2. Blocked traps in attic and roof drain lines in the basement. (MEP Consultant, Lopezgarcia Group)

Subtotal4.3. Architect's multiple (10%) (James Pratt Architecture Urban Design)

Total

LEGAL: N/A

MJWBE INFORMATION: MEP Consultant; Lopezgarcia Group, NCTRCA certified (#HFDB 10255Y0302).

FINANCIAL IMPACT: The total cost added to the AlE Consultant Services Contract for Amendment No.4 is $8,008.

$ 2,4804,800

$ 7,280

Lill$ 8,008

Original Contract AmountPrevious AmendmentsTotal Contract to DateAmendment No.4Revised Contract Amount

$533,880115,610M9,490

$ . 8,008$657,498

The total contract amount is $657,498, which includes $617,498 for professional services and $40,000 for reimbursables. Funds areavailable in the FY200 I Capital Improvement Program account (196.200 I) for this work.

RECOMMENDATION: Engineering and Project Management recommends that the Commissioners Court authorize AmendmentNo.4 in the amount of $8,008 to the AlE Consultant Design Services Contract with James Pratt Architecture Urban Design, Inc. andthe County Judge to sign 0 behalf of alias County.

APPROVED BY:~~~~_~~~~~;;::+-__inistrator

George L. Allen Sr. Courts Building, 600 Commerce Street, 9111 Floor, Dallas, Texas 75202(214) 653-6728. Fax (214) 653-6729

95DALLAS COUNTYPURCHASING DEPARTMENT

C20CT-j ;::·13: 12

October 4, 2002

TO:

FROM:

SUBJECT:

The Honorable Commissioners Court

Willa Roberts, Purchasing Supervisor

Award to other than the lowest bidder -Bid Number 2002-171-1215, Upgrade an Existing SiteElectrical Service.

BACKGROUNDIISSUEDallas County Commissioners Court authorized Bid Number 2002-171-1215, to be opened on September 23,2002.

Five (5) bids were received as follows:

Vendor NameElectrical ProfessionalsParkway Enterprises, Inc.Design ElectricAcme Electric Service, Inc.Brite Electric Co.

Total Price$24,205.71$24,950.00$25,370.00$32,039.28$58,547.00

Start DateAfter Receipt of PO

5 days10 days30 days20 days3 days

Completion date60 days30 days90 days30 days60 days

Electrical Professionals, is the lowest bidder with a total proposed amount ofS24,205.72, with a start date of five daysafter receipt of Purchase Order and a completion time of sixty (60) days. Parkway Enterprises, Inc. the second lowestbidder with a total proposed amount of $24,950.00, with a start date of 10 days after receipt of Purchase Order and acompletion time of sixty (60) days.

FINANCIAL IMPACT:

As a result ofthe above; Parkway Enterprises, Inc. the second lowest bidder is recommended based upon the completiontime of thirty (30) days after start of the project, with an increased cost of $745.00.

RECOMMENDATION:

The Purchasing Department in conjunction with Facilities Management recommends that Bid No. 2002-171·1215 beawarded to Parkway Enterprises, Inc. the second lowest bidder with a proposed bid amount of $24,950.00, andcompleting the project within 30 days. It is crucial to Dallas County that the project is completed as soon as possiblewith the least disruption to Road & Bridge District No. 2's daily activities. Prolonging the project for sixty days wouldresult in major disruptions.

Should the Commissioners Court concur with the recommendation, Bid No. 2002·171·1215 will be scheduled foraward on the next regular agenda.

Approved by:

Director

cy: Jessie Darrett - Facilities Management509 Main Street. Suite 623 Dallas. Texas 75202·46166th Floor Records Building

Office (214) 653·7431

DALLAS COUNTYPURCHASING DEPARTMENT

96

«,'" die TI".. _' I...... , \ 1

02 OCT -3 F:-1 3: II

October 15, 2002

To:

From:

Subject:

The Honorable Commissioners Court

Gloria McCulloch-Webb, Purchasing System Specialist!Analyst

Contract Extension - Annual Contract for the Printing and Mailing of Tax Statements,Bid No. 2000-207-591

BACKGROUNDIISSUE

Dallas County Commissioners Court, at their regularly scheduled session held on October 30, 200 I, authorized thetwelve month extension of Bid No. 2000-207-591, Annual Contract for the Printing and Mailing of Tax Statements,with Court Order 2001-2099, for the period of December 01,2001 through November 30, 2002 to Myriad Systems,Inc.

The contract is for the outside printing, processing and mailing of tax statements for the Dallas County TaxDepartment which also includes the processing of the City of Dallas tax statements. In accordance with the contractterms and mutual agreement by all parties, the contract may be extended for an additional twelve (12) month periodbased on the original prices, terms, and conditions set forth in the bid award. As a result of Myriad Systems, Inc.compliance with contract specifications, it is the recommendation of the Dallas County Tax Department, that thecounty exercise the final twelve (12) month extension option contained within Bid No. 2000-207-591. MyriadSystems, Inc has agreed to extend their contract with Dallas County in accordance with the existing terms, conditions,and prices set forth in the original bid award. All services for this contract will be performed in Oklahoma City,Oklahoma, therefore does not require Te~ Workers Compensation due to the fact they are out state business. MyriadSystems, Inc. does have General Liability, Automobile liability and Specialty Errors & Omission coverage.

FINANCIAL IMPACf

For the period of December 01, 2000 through August 14, 2002, Dallas County's total expenditures for the abovereferenced contract were approximately $110,712.00.

RECOMMENDATION

It is the recommendation of the Purchasing Department that the Dallas County Commissioners Court authorizes thefinal twelve (12) month extension of Bid No. 2000-207-591, Annual Contract for the Printing and Mailing of TaxStatements, for the period ofDecember 01,2002 through November 30,2003.

Should the Court concur with recommendations, a Court Order will be scheduled for the next formal agenda.

by: ""I/',~

.fllb:9Jllising Director

c: David Childs, Tax DepartmentDaisy Power, Tax DepartmentWilla Robert, Purchasing SupervisorGeri Malcolm, Purchasing BuyerFile: Bid No. 2000-207-591

Records Bldg. 509 Main Street 6111 Floor, Room 623 Dallas, Texas 75202 214/653-7431 Fax 214/653-7449

97A CORa. CERTIFICATE OF LIABILITY INSURANCE I JA.TE,MtNOOivY)

09/13/2002>ROOUCER (405) 840-9090 FAX (405)840-9691 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

Ledbetter Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR

1000 N.W. Grand Blvd. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.

Oklahoma City, OK 73118INSURERS AFFORDING CO'vS=;"Cii;.;Debbie Wooldridge

NSURED Myrlad Systems, Inc. &Charles T. Rlney Jr. NSV'iEQ A; Zurich Insurance Services, Inc2627 E. 1-44 Serivce Rd NSv'::;ER 3: Gulf Underwriters Ins CojMedia ProfessionalOklahoma City, OK 73111 NSUQER c:

NSUQER D:

I NSUqER E:

COVERAGES

hACORD CORPORATION 1988FAX: (214)653-7449ACORD 2S-S (7/97)

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU~T WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCUJSIONS AND CONDITIONS OF SUCHPOUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

~SR ~~~ IMMlCOIYV' I~~iE~ UMITS.TR TYPE Of' iNSURANCE POUCYNUMBER

~NEAALLIABIUTY PPS36260231 04/12/2002 04/12/2003 EA01 :JCOJRRENCE $ I,OOO,OO(JX COMMEROAL GENEPAL UAB'L'-Y Fl RE DAMA(',F 'f· ~ ."0', . I ; 1,00O,00(J~tJ ClAIMS MADE 0 OCCJR foED EX? f,Ariy "r·, 0"''''''\ I ~ 10,OO(J

l- .-A PERSONAL 8. ADV :NJURY $ ; ,OOO,OO(JI--

2,Ooo,00(JGENERAL AGGREGAr:: $I--

2,000,00C'3EN'L AGGREGATE UMIT APPliES PER: PRODUCTS· COMP,oP AGG $h ,n PRO. nPOuCY JECT LOC

~OM061LE UASIUTY PPS36260231 04/12/2002 04/12/2003 COMBINED SINGlE LiMIT(fa acadert) $

1,000,ooClANY AUTOI--

I--ALL OWNED AUTOS BODILY IN.A.JRY $S01EDUUED AUTOS Pet perscn)

A 'X HIRED AUTOSBODILY IN.A.JRY'X Pet acadert) $

NON-0WNED AUTOSI--

I-- PROPERTY DAMAGE $Pet acadert)

GMAGE UASIUTY AUTO ONLY· EAACODE.IljT $RANY AUTO OTHER THAN EAACC $AUTO ONLY: AGG $

EXalSS LIASIUTY EACH OCOJRRENCE $oOCClR 0 a..AIMS MADE AGGREGATE $

$qDEDUCTIBLE $

RETENT ON $ $

WORKERS COMPENSATION ItJoIIJ ITOR~L;MITS I IVER'EM>LOYERS'LIAElIUTY

E.L. EACH ACODENT $

E.L. DISEASE· EA EMPLOYEE $

E,L. D1SEASE . POUCY UMI'" $

OTHER.Errors I CiU0409376A 12/21/2001 12/21/2002 U"it $500,000iSpeclalty

Deductible $5,000B Omission

DESCl'lIPTION Of' OPEFlATIONSILOCA'TlCN8MDtQ.£SlEXQ.USlONS ADDED BY ENDORSEMENTISPEOAI. PROYlSlONS

CERTIFICATE HOLDER I IADDInONAL INSURED: INSURER urrTER: CANCEUATION

SHOUI.D NolY Of'THE A80YEDE~DPOUOES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, nE ISSUING COMPANY WILL ENDEAVOR TO MAlLDallas County .-!!LDAYS WRITTDl N01'lal TO THE CEFITlFICAT1! HOLO£R NAMED TO THE LEFT.Gloria Webb509 Main Street BUT FAILURE TO MAl. SUQi NOTl<:E SHALL IMPOSE NO oeUGATION OR LIASIUTY

Room 407 Of' NolY KlND UPON THE COMPIIHY, ITSAGaNTS OR REPRESENTATIVES.

Dallas, TX 75202 AUTHORIZED REPRESENTAnVE r8-/ ~-7'~Greg MoorelMS r

""

Date:

To:

From:

Subject:

98DALLAS COUNTYCOMMISSIONERS COURT' '

C2 OCT -3 P:-1 2: 53

October 9, 2002

Commissioners Court

John M. Hennessey~MIS Director

JP Ticket Program Web Development

Background

Commissioners Court was briefed on August 9, 2002 during the budgetprocess about a JP Central Collections Office to handle ticket processing forthe Sheriff's new citation program. This briefing contained an operatingbudget (attachment A) and one-time capital costs (attachment B). TheOffice of Budget and Evaluation briefed the court on September 3, 2002concerning the overall project budget and staffing levels and Court Order2002-1631 was issued on September 10, 2002 (attachment C).

This project will require the development of web and telephone (InteractiveVoice Response) components to support the credit card payments of trafficcitations issued by the Sheriff's Department. The JP Central Collectionsstaff will also use the web payment interface to post credit card paymentsreceived via the US mail. The County's internet vendor, Texas LocalInteractive (TLI), will provide both services under their existing contract.

Financial Impact

There is a one-time cost of $68,000 for development of the citation webpayment module and telephone (lVR) module. This is within the amountestablished in the project budget for this one-time event.

The County has decided not to charge any convenience fees to users of thecitation web and telephone payment functions. Instead TLI will bill theCounty direct, semi-monthly, at a rate of 3% per credit card paymenttransaction processed through the web site or IVR system. The projectoperating budget as established in the OBE briefing and Court Order 2002­1631 contains adequate funds for payments to TLI.

411 Elm Street Dallas, Texas 75202 214-653-7327

99

Recommendation

It is recommended that Commissioners Court approved the one-timeexpenditure of $68,000 for web and IVR development by Texas LocalInteractive. It is further recommended that Commissioners Court approvethe 3% semi-monthly payment to Texas Local Interactive for processing weband IVR credit card citation transactions. Funding is available in the GeneralFund (120), FY03, JP Central Collections department (4883), ProfessionalServices (5590) account.

411 Elm Street Dallas, Texas 75202 214-653-7327

Automated Traffic Ticket Processing

• STAFFING- One grade C Supervisor $ 42,307

- Two grade 7 Bookkeepers· $ 61,200

- Three grade 5 Clerks $ 78,667

• SUPPORT SERVICES- AutoCite fees

- Payment of fees

• Total Annual Budget

11

$120,000

$234,123

$536,297

>~>~ -~ g~>

Automated Traffic Ticket Processing

CAPITAL BUDGET AND ONE TIME EXPENDITURE~

• ONE TIME COSTS

-- Equipment [one time] $ 24,000 ;;...

~-- Office make ready [one time] $ 10,000 >n ,....

-- IVR [one time] .$}OO,OOO ~ =,....~=

• TOTAL CAPITAL COSTS $134,000

12

102

ATTACHMENT C

..... :--\~ "'.. .-II':'-""~'Q .

2:. .~~ ~"-:; DALLAS COUNTY\~/ ~ OFFICE OF BUDGET AND EVALUAnON

:!~/

August 28, 2002

To:

Through:

From:

Subject:

Commissioners Court

Ryan BroGudaet Officer

Ronica L. Watkins, Budget & Policy Analyst

JP Ceatnl CoDectioll omce Stall' Po.idolll Request

B1cklrognd ~ . :.:.;During FY2002 the Dallas County Commissioners, Sberi1f's Office, Justices of the Peace an&tS-.;began discussing opportUnities available for efficiently procasing traffic citations. A series ofdiscussion groups convened with representatives from the previously mentioacd departments toexplore the potential for Dallas County to operate a centtalized automated ticketing center. OnAugust 9,2002 a presentation~ made to the DaDas County Commissioners regarding the IPCentral Collection Office. The purpose of this briefiDa is to~ staffing for the day-to-da,yoperations of the 1P Central Collection Office.

0ll'odoallimpactThe 1P Central Collection Office is expected to begin operatina October IS. 2002 out at the NorthDallas Govemmeat Center. The recommended st.affing for the 1P Central Collection are one GradeC Supervisor, two Orade 7 bookkeepers, and three Onde Sclerks. In preperation of the project start

date the Onde C Supervisor position is recommended to,start immediately. Initially. the Grade CSupervisor position will be tilled by Bill Smith, a rctired J~. chiefclak. Mr. Smi1h coordinated therecau JP Special PIoject for tbeprocessing ofbackloaed citations. Prior to the prosram start-upthe respoasibi1ities oftile Supervisor will include assisting with the set.up oftbe office. hiring andttainina oCtile staff in preparation of the project start dale ofOctobcr IS. 2002.

Fla.gsialllRplctThe estimated cost of the six new positions. including benefits is 5191.140. The total projectedamount to operate the dedicated JP Central Collection Office is 5368.423. whicb include ongoingoperating expenses, and one-time office set-up, furniture and equipment. Total FY2003 cost tooperate the center is 5583.562. The temporary Grade C Supervisor will be hired at the maximumsalary range 521.1a per bour for a period of 90 days after which time a permanent Grade C

411 Elm Street- 3rd Floor. Dallas Texas 15202-3340(214) 653-6363. Fax (214) 653-6517. rlwatkins@dallascounty.org

103

ATTACHMENT C

Supervisor will be hired to Supervise the project. The three clerks and two bookkeeper positions 'Willbe hired durina the initial 9o-day start-up period.

Rmmipegd.ttoQThe Office of Budget and Evaluation recommends the creation of the six positioaS: one Grade CSupervisor, two Gtade 7 bookkeepers and three Grade Sclerks. The new positions will beeffective October 1, 2002. The Office of Budget and Evaluation also reeonuneod.s that atemporary Supervisor be hired as soon as possible to assist in the set-up of the JP CollectionsCenter at the North Dallas Government Center. Workload for this new project will be monitoredfor the potential ofadditional staffneeded during FY2003. Fundina for all positions have beenaccounted for in the FY2003 budget PI'OCe$S.

ORDER NO:~OO2. 1631DATE: SEP 1'0 2002

-STATE OF TEXAS

COUNTY OF DALLAS

104

ATTACHMENT C

COURT ORDER , -

BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the

10th day of 5ept:elrber.; 2002, on a motion made by: Mike cantrell, Ccmn. of Dist. 12 , and

seconded by John Wiley Price, Ccmn. of Dist. 13 , the following Court Order was adopted:

WHEREAS, on September 3, 2002, the Dallas County Commissioners Court was briefed by the Office ofBudgetand Evaluation concerning the recommended staffing for the day-to-day operation ofthe J.P.Central Collections; and ' .

WHEREAS, the J.P. Central Collections Office is expected to begin operating October 15,2002 out at the NorthDallas Government Center; and '

WHEREAS, the projected J.P. Central Collections staffconsists ofone Grade C Supervisor, two Grade 7bookkeepers, and three Grade 5 clerkS; and

WHEREAS, the Office and Budget and Evaluation recommends the creation ofthe six new positions with anestimated cost, including benefits, ofS191,140; and

WHEREAS, the Supervisor position will initially be filled temporarily by Bill Smith, a retired J.P. chiefclerk, atthe maximum salary range of$21.18 per hour for a period of90 days after which time a permanentGrade C Supervisor will be hired to supervise the project; and

WHEREAS, funding for all positions have been accounted for in the FY2oo3 budget process.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Courtdoes hereby authorize the creation ofthe six new positions: one GradeC Supervisor, two Grade 7 bookkeepersand three clerks and tbrther authorizes the Human Resources/CiVil 'Service Department to review the positions forthe appropriate grade levels. The new positions will become effective October 1,2002. The Dallas CountyCommissioners Court authorizes the hiring ofa temporary Supervisor for a period of90 days, after which time apermanent Grade C Supervisor will be hired to supervise the project.

"_"IU, District #2

105

COURT ORDERORDER NO. _

DATE _

STATE OF TEXAS 0

COUNTY OF DALLAS 0

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County,

Texas, held on the 22 day of O~ct~0.:::;be::r__2002, on motion made

by -', and seconded

by , the following order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

The Commissioners Court was briefed October 15th, 2002, concerning web development costs and feesfor citation payment processing; and

Texas Local Interactive, the county's website host. will provide both web access and interactive voiceresponse modules to process credit card payments for citations; and

The County desires to fund credit card payment fees itself; and

The above request has been recommended by the MIS Director

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court authorizespayment of $68,000 to Texas Local Interactive for one-time development costs for the web and interactive voice responsecitation payment applications; and further authorizes the semi-monthly payments to Texas Local Interactive of 3% of thecredit card payments processed through the web and interactive voice response citation payment applications. Funding isavailable in the General Fund, JP Central Collections department, FY03, Professional Services budget (120.4883.5590.2003)

DONE IN OPEN COURT this the 22nd day of __...:Oc=to:::.::be~r__ 2002.

Margaret KeliherDallas County Judge

Jim JacksonCommissioner, District No. I

Mike CantrellCommissioner, District No.2

John Wiley PriceCommissioner, District No.3

Kenneth A. MayfieldCommissioner, District No.4

Recommended by: _

John M. Hennessey, MIS Director

DALLAS COUNTYCOMMISSIONERS COURT

106

.-". 2 I'",.. . ....I! I • "oJ

October 15, 2002

To:

From:

Through:

Subject:

Commissioners Court

Craig PardueAssistant Administrator Government Affairs

Allen ClemsonAdministrator Commissioners Court

State Criminal Alien Assistance Program (S.C.A.A.P.)

BackgroundThe State Criminal Alien Assistance Program (S.C.A.A.P.) is a federal assistance grantpaid to counties that house illegal aliens in their jails. The Sheriffs Association ofTexas through the office of Sheriff Bowles has requested the court send five signatureletters to Representatives Frost, Armey and Delay and Senators Gramm and Bailey­Hutchinson, requesting continued funding for this program.

FinancialLast year Dallas County received 3 million dollars in S.C.A.A.P. funds.

RecommendationStaff recommends the court sign the attached five signature letters.

Recommended by:

Attachments

411 Elm Street Dallas. Texas 75202 Phone 653-7327, Fax 653-7057

107DALLAS COUNTYCOMMISSIONERS COURT

October 15, 2002

The Honorable Phil GrammUnited States SenateRoom 370Russell Senate Office Bldg.Washington, DC 20510

Dear Senator Gramm:

We are writing to seek your immediate support and assistance to help preserve fundingfor the State Criminal Alien Assistance Program (SCAAP).

As you maybe aware, SCAAP provides federal assistance to states and localities thatincur costs associated with the incarceration of undocumented criminal aliens. lastyear Dallas County received $3 million dollars in SCAAP funds.

Securing our nation's borders is the exclusive responsibility of the federal government.With this responsibility comes the added duty of punishing undocumented individualswho endanger our communities through criminal acts. Providing a minimum of $750million for SCAAP would ensure that the federal government continues to partiallyoffset these costs, which represent unfunded mandates.

We respectfully urge you to support funding for SCAAP at $750 million. Without thisminimal level of funding, local and state governments will have an even greaterfinancial burden placed upon them.

Please support funding for this important program.

Respectfully yours,

Margaret KeliherCounty Judge

Jim JacksonCommissioner, District 1

Mike CantrellCommissioner, District 2

John Wiley PriceCommissioner, District 3

Kenneth A. MayfieldCommissioner, District 4

411 Elm Street Dallas, Texas 75202 Phone 653-7327, Fax 653-7057

108

DALLAS COUNTYCOMMISSIONERS COURT

October 15,2002

The Honorable Kay Bailey-HutchinsonUnited States SenateRoom 284Russell Senate Office Bldg.Washington, DC 20510

Dear Senator Bailey-Hutchinson:

We are writing to seek your immediate support and assistance to help preserve fundingfor the State Criminal Alien Assistance Program (SCAAP).

As you maybe aware, SCAAP provides federal assistance to states and localities thatincur costs associated with the incarceration of undocumented criminal aliens. Lastyear Dallas County received $3 million dollars in SCAAP funds.

Securing our nation's borders is the exclusive responsibility of the federal government.With this responsibility comes the added duty of punishing undocumented individualswho endanger our communities through criminal acts. Providing a minimum of $750million for SCAAP would ensure that the federal government continues to partiallyoffset these costs, which represent unfunded mandates.

We respectfully urge you to support funding for SCAAP at $750 million. Without thisminimal level of funding, local and state governments will have an even greaterfinancial burden placed upon them.

Please support funding for this important program.

Respectfully yours,

Margaret KeliherCounty Judge

Jim JacksonCommissioner, District 1

Mike CantrellCommissioner, District 2

John Wiley PriceCommissioner, District 3

Kenneth A. MayfieldCommissioner, District 4

411 Elm Street Dallas, Texas 75202 Phone 653-7327, Fax 653-7057

109DALLAS COUNTYCOMMISSIONERS COURT

October 15, 2002

The Honorable Martin FrostU. S. House of RepresentativesRoom 2256Rayburn House Office Bldg.Washington, DC 20515

Dear Representative Frost:

We are writing to seek your immediate support and assistance to help preserve funding for the StateCriminal Alien Assistance Program (SCAAP).

As you maybe aware, SCAAP provides federal assistance to states and localities that incur costsassociated with the incarceration of undocumented criminal aliens. Last year Dallas County received$3 million dollars in SCAAP funds.

Securing our nation's borders is the exclusive responsibility of the federal govemment. With thisresponsibility comes the added duty of punishing undocumented individuals who endanger ourcommunities through criminal acts. Providing a minimum of $750 million for SCAAP would ensure thatthe federal govemment continues to partially offset these costs, which represent unfunded mandates.

We respectfully urge you to support funding for SCAAP at $750 million and to sign a letter to the HouseAppropriations Committee that will be circulated by Representative David Dreier (R) and RepresentativeSam Farr (D). Without this minimal level of funding, local and state govemments will have an evengreater financial burden placed upon them.

Please support funding for this important program.

Respectfully yours,

Margaret KeliherCounty Judge

411 Elm Street

Jim JacksonCommissioner, District 1

John Wiley PriceCommissioner, District 3

Dallas, Texas 75202

Mike CantrellCommissioner, District 2

Kenneth A. MayfieldCommissioner, District 4

Phone 653-7327, Fax 653-7057

110DALLAS COUNTYCOMMISSIONERS COURT

October 15, 2002

The Honorable Tom DeLayU. S. House of RepresentativesRoom 2370Raybum House Office Bldg.Washington, DC 20515

Dear Representative DeLay:

We are writing to seek your immediate support and assistance to help preserve funding for the StateCriminal Alien Assistance Program (SCAAP).

As you maybe aware, SCAAP provides federal assistance to states and localities that incur costsassociated with the incarceration Qf undocumented criminal aliens. Last year Dallas County received$3 million dollars in SCAAP funds.

Securing our nation's borders is the exclusive responsibility of the federal government. With thisresponsibility comes the added duty of punishing undocumented individuals who endanger ourcommunities through criminal acts. Providing a minimum of $750 million for SCAAP would ensure thatthe federal government continues to partially offset these costs, which represent unfunded mandates.

We respectfully urge you to support funding for SCAAP at $750 million and to sign a letter to the HouseAppropriations Committee that will be circulated by Representative David Dreier (R) and RepresentativeSam Farr (D). Without this minimal level of funding, local and state governments will have an evengreater financial burden placed upon them.

Please support funding for this important program.

Respectfully yours,

Margaret KeliherCounty Judge

411 Elm Street

Jim JacksonCommissioner, District 1

John Wiley PriceCommissioner, District 3

Dallas, Texas 75202

Mike CantrellCommissioner, District 2

Kenneth A. MayfieldCommissioner, District 4

Phone 653-7327, Fax 653-7057

111

DALLAS COUNTYCOMMISSIONERS COURT

October 15, 2002

The Honorable Dick ArmeyU. S. House of RepresentativesRoom 301Cannon House Office Bldg.Washington, DC 20515

Dear Representative Armey:

We are writing to seek your immediate support and assistance to help preserve funding for the StateCriminal Alien Assistance Program (SCAAP).

As you maybe aware, SCAAP provides federal assistance to states and localities that incur costsassociated with the incarceration of undocumented criminal aliens. Last year Dallas County received$3 million dollars in SCAAP funds.

Securing our nation's borders is the exclusive responsibility of the federal govemment. With thisresponsibility comes the added duty of punishing undocumented individuals who endanger ourcommunities through criminal acts. Providing a minimum of $750 million for SCAAP would ensure thatthe federal government continues to partially offset these costs, which represent unfunded mandates.

We respectfully urge you to support funding for SCAAP at $750 million and to sign a letter to the HouseAppropriations Committee that will be circulated by Representative David Dreier (R) and RepresentativeSam Farr (D). Without this minimal level of funding, local and state govemments will have an evengreater financial burden placed upon them.

Please support funding for this important program.

Respectfully yours,

Margaret KeliherCounty Judge

411 Elm Street

Jim JacksonCommissioner, District 1

John Wiley PriceCommissioner, District 3

Dallas, Texas 75202

Mike CantrellCommissioner, District 2

Kenneth A. MayfieldCommissioner, District 4

Phone 653-7327, Fax 653-7057

112

DALLAS COUNTY 02 ocr -0. ,.

HUMAN RESOURCES/CIVIL SERVICE DEPARTMENT Pi~ 2: 22

October 9, 2002

To:

From:

Subject:

Members of Commissioners Court

Mattye Mauldin-Taylor, Ph.D.Director of Human Resources/Civil Service

County Court at Law No.2 - Approval of DDA Plan

Background:The Honorable Judge John Peyton, County Court at Law No.2, requests approval of his DDAplan. Judge Peyton has submitted the plan to the Human Resources Department for review andsubmission to Commissioners Court for approval. The DDA plan for the County Court at LawNo.2 complies with current DDA guidelines.

Impact on Operations:Approval of this plan would' afford Judge Peyton the opportunity to reward employees for theirperformance, improve the knowledge of his employees, and provide employees an incentive toimprove operations.

Financial Impact:Approval of this request would not result in any additional financial cost to Dallas County.

Recommendation:The Human Resources Department recommends Commissioners Court approve the attachedDDA plan submitted by Judge Peyton.

Recommended by:

Attachment

501 Main StreetRecords Building

Q:\Brieli"9SIllDA Plan County Court at Law No 2.doc

lor, Ph.D.

Dallas, TexasEqual Opportunity Employer 214.653.7638

113

D.D.A. DISTRIBUTION PLANCOUNTY COURT AT LAW NO.2

PURPOSE

To reward employees who are working to increase the efficiency of the Court and toimprove the services provided to the residents of Dallas County.

IMPLEMENTATION

County Court at Law No.2 establishes a plan for D.D,A. Distribution to include:

1) Performance Awards2) Tuition Reimbursements

This plan will be administered and directed at the discretion of the Judge, within theguidelines set forth below.

GOALS

The plan for distribution. should improve employee performance and enhance theoperational efficiency of the Court. Further, the plan should be measurable, clearlydefined, realistic, and ensure equal access to all employees.

PLAN

Performance Awards

Procedure: The Judge may grant Performance Awards based on acceptablecompletion of an assigned project, assignment or increasedperformance as outlined in the review section below. The Judgeand the employee must agree in writing prior to the completion ofthe project, assignment or performance. The written agreementshould contain as a minimum the following: (1) a target date foracceptable completion of the project, assignment or performance,(2) the criteria to be considered in determining acceptablecompletion and, (3) the amount of the performance award (pendingverification of funds available). If the condition is met, the Judgemay grant the employee a Performance Award.

Review: The Judge will review the outcome of the project or production.The review will be based on:

1) Acceptable completion (timeliness/quality of outcome);2) Achievement of goal;3) Resulting cost savings, if any; and4) Resulting improved service to lawyers and their clients.

\IABS I\DATA I\GROUPS\PRSONNL\DDA Guidelines and Inlerpretalions\DDA Plan· County Court at Law #2.doc

Page 1

Award:

114

The Judge will determine the appropriate Performance Award(subject to D.D.A. limitations and funds availability).

Tuition Reimbursement

Procedure: Tuition Reimbursement is intended to encourage acqUIsItIon ofadditional specific knowledge and skills which will add to andenhance the ability of the employee to carry out job functions andcontribute to the optimum functioning of the Court. Funds areintended to offset the costs of occasional classes taken byindividuals in the department. An employee must be registered inan accredited learning institution, or attending a job relatedseminar. Upon the completion of the class semester or seminar,the employee must submit an itemized bill and final (passing)grades or certificate of attendance to be considered for tuitionreimbursement. Reimbursement will not exceed the actual out-of­pocket cost of tuition, books and fees, and will not include anycosts of transportation, food or lodging.

Review: The Judge will review and verify all requests for tuitionreimbursement. The review will be based on:

1) Appropriateness of the training or semmar towardemployee's actual job function;

2) Awards should be made on a "first-come, first-served".basis;

3) In the case of two similarly qualified employees requestingreimbursement when funds are limited, the followingcriteria is to be utilized to determine which request toreimburse:

a) the employee with the most seniority;b) the employee with the higher grade point average;

andc) the employee with the largest number of core credit

semester hours (related to job).

Award: The Judge will determine the amount of reimbursement; however,the amount may not exceed state tuition rates and the limitations ofthe D.D.A.

\\ASS I \DATAl \GROUPS\PRSONNUDDA Guidelines and InterpretationslDDA PI:m • County Court at Law #2.doc

Page 2

115

D.D.A. DISBURSEMENT PLAN CONDITIONS

1. An employee is defined as any full-time person employed within County Court atLaw No 2..

2. Awards will be authorized only if there is appropriate funding in the Department'sD.D.A. account.

3. No employee is guaranteed any award, reimbursement, or salary adjustment.Nothing in this D.D.A. Distribution Plan expressly states or implies any suchguarantee.

4. Awards will reflect the quantifiable evaluation of the employee's achievements orsituation.

5. The maximum Performance Award is 8% of the employee's base salary up to amaximum of$I,200.

In keeping with the spirit of the D.D.A. concept, the Judge of County Court at Law No.2will periodically review the plan and submit any changes through the proper channels forappr val.

Q:\DDA Guidelines and Interpretations\DDA Plan· County Court at Law #2.doc Page 3

116

DALLAS COUNTYHUMAN RESOURCES/CIVIL SERVICE

October 9, 2002

To:

From:

Subject:

Members of Commissioners Court

Mattye Mauldin-Taylor, Ph.D.Director of Human Resources/Civil Service

PEBC Recommended EPO and PPO Benefit Plan Design Changes

BackgroundThe Board of Governance of the Public Employees Benefit Cooperative (PEBC) and the DallasCounty Benefits Committee recommend changes to the design of the self-insured EPO and PPOBenefit Plans contained in Attachment 1. The first of these changes is designed to ease transitionfrom an HMO plan to one of the County's self-insured plans. The changes address (1) pre­existing conditions payment limits, (2) a change in lifetime maximum payment limits, (3) part­time employee eligibility in the plans, and (4) elimination of precertification requirements forspecific procedures.

Operational ImpactSince the HMO Plan will not be available in Plan Year 2003, there will be varying impact toDallas County employees with pre-existing medical conditions for themselves and/or theirdependents.

a. For current employees who have selected the EPO Medical Plan and have some pre­existing medical condition exclusions remaining in 2003, the change will give themup to $1,500 relief in their medical expenses in Plan Year 2003.

b. For new employees who join Dallas County after November 1, 2002 and have noopportunity to select the HMO with no pre-existing condition exclusions, they willonly have $1,500 to defray medical costs for pre-existing conditions.

c. Recruiting will be impacted by the lack of a medical benefit plan that does not offer afully insured option. If a prospective employee with a pregnant spouse has to choosebetween the County and a company with a fully insured option, we will lose.

Financial ImpactSome increase in claim payments for pre-existing conditions may occur.

Recommendario.The Human Resources/Civil Service Department recommends the Commissioners Court approvethe recommended EPO and PPO Benefit Plan changes contained in Attachment 1.

Recommended by:

Attachment

509 Main Street, Room 101Records Building

Q:\8nefin9s\PEBC 2003 EPC and PPO Plan Changes.doc

Dallas. TexasEqual Opportunity Employer 214.653.7638

117

mDPublic EmployeeBenefits Cooperative

PEBC Board Approved Self-funded Medical Plan ChangesEffective January 1. 2003

August 28. 2002

1. Preexisting condition limitations (Only the language In Italics IS considered for change.The remaining language will remain unchanged.)

Current: ( .. As a new enrollee, if you or a covered member is diagnosed ortreated for any illness, injury, or disease in the 90 days before this coverage begins,the plan will not pay benefits for that iI/ness, injury, or disease until after the personhas been covered by the plan for 365 days. J A "new-enrollee" is a newly hiredemployee and his or her dependents, an employee and dependents who enroll afterthe initial 31-day eligibility period, or a person who previously chose the "nocoverage" medical option under his or her Employer's benefit program.

The preexisting condition limitations will apply to you and your eligible dependentsin these situations:

• If you chose the "no coverage" medical option for the current year (if yourEmployer allows employees to opt out of medical coverage) and are enrollingfor EPO/PPO Medical Plan coverage for next year; or

• If you are adding coverage for dependents who were not enrolled during their31-day initial eligibility period.

The preexisting condition limitations do not apply if you are switching from onemedical coverage option offered by the PESC to another (such as from the EPOMedical Plan offered by the PESC to the PPO Medical Plan offered by the PESCH.... or if you are adding coverage for a family member because of a qualified changein status event within the 31-day eligibility period. )

Approved Change:

(*As a new enrollee, if you or a covered member is diagnosed or treated for anyiI/ness, injury, or disease in the 90 days before this coverage begins, the maximumamount the plan will pay for covered expenses during the first 365 days of Plancoverage is limited to $1500 per covered member, regardless of the number ofillnesses, injuries or diseases for which covered services apply.)

[**or if you are adding coverage for you or a family member because of a qualifiedchange in status event within the 31-day eligibility period. J

2. Lifetime Maximum

Current:

Approved:

$1.000.000 per covered member

$2.000.000 per covered member

Page 1 of 2

Attachment 1

118

3. Eligibility - Part-time employees

Current: Part-time employees and leased employees are not eligible for this plan.

Approved: Part-time employees are rlot eligible for this plan unless your Employerspecifically Includes coverage for part-time employees. Conditions or restrictionsmay apply. Leased employees are not eligible for this plan.

4. Pre-Certification

Current:

Approved:

Both EPO and PPO plans require pre-certification of Items Includingthe following:

• Bronchoscopy• Colonoscopy• In office surgeries over $150

Remove the pre-certification requirement for all three. In reviewing2001 data with 775 total pre-certification requests, none were deniedor changed to a more cost-effective treatment plan. None serve ascritical first notice treatments. Today, it is rare for plans to requirepre-certification for the above Items. Medical Director and medicalmanagement support elimination of pre-certification requirement.

Page 2 of 2

Attachment 1

119

DALLAS COUNTYHUMAN RESOURCES ICIVIL SERVICE

October 9, 2002

To:

From:

Subject:

Members of Commissioners Court

Mattye Mauldin-Taylor, Ph.D.Director of Human Resources/Civil Service

Professional Conference Attendance

BackgroundA Regional Seminar on the Health Insurance Portability and Accountability Act (HIPAA) Privacyrequirements is being held at the Wyndam Hotel in Dallas, Texas on November 6, 2002. Thisone-day seminar will provide specific recommendations on planning and implementing themeasures necessary for Dallas County to ensure compliance with HIPAA privacy requirements.

Impact on OperationsAttendance will allow two County staff members an opportunity to be updated on the detailedrequirements on the use, management, and protection of health information.

Financial ImpactThe $556.00 cost of registration for two employees will be paid from the Benefits Trust.

RecommendationThe Human Resources/Civil Service Department recommends Commissioners Court approve theattendance at the HIPAA Privacy Seminar in Dallas, Texas for two Human Resources employeeson November 6, 2002 and authorize the expenditure of$556.00 from the Benefits Trust budget forregistration.

Recommended by:

509 Main Street, Room 101Records Building

Dallas, TexasEqual Opportunity Employer 214.653.7638

Q:lBnefingslTravel Request HIPAA Seminar 110602 mmt jg.doc

120Fonn :55 R""I.For Payment

COUNTY OF DALLAS

REQUEST FOR PAYMENT

DALLAS. TEXAS October 2. 2002

DR. TO A.B. Roberts Company

ADDRESS NW 7136, P.O. Box 1450, Minneapolis, MN 55485-7136

FUND 4010 - Business Travel

NO. 1040-03-02

NUMBER~R IDATE QUANffi DESCRIPTION TOTAL

10102/02 Registration fee for Mattye Mauldin-Taylor and $556.00Jim Gresham to attend:"HIPPA" Seminar, scheduled for, Wednesday, i'

November 6, 2002.Cost: $278.00 per person

Seminar Location:Wyndham Arlington1500 Covention Center DriveArlington, TX 76011(817) 261-8200

.$556.00

REQUESTED BY:Terrie WebblMattye Mauldin-TaylorI certifY that charges represented by this billare essential to County business and theCounty has received the full benefit thereofexcept as noted.

BUDGET INFORMATIONCODE NO.

00120-1040-4010-2003

APPROVED BY:

DAllAS, TEXAS 2003

Human ResoW'CCSICivil ServiceDEPARTMENT '-- ---l

This form to be made in TRIPLICATE - the ORIGINAL and 1copy to go to COUNTY AUDITOR.

Trans Code 5-3Vendor noFund 04010

Registration

Form 25/ Rr</Jtld 6//;99

DEPT.# I DEPARTMENT NAMEH~~ RESOURCES/CIVIL SERVICE

NATURE OR PURPOSE:

121DALLAS COUNTY TRAVEL REQUEST

AUTHORIZED SIGNATURE

I£Vf-VVJ-<../~~DATE OF REQUEST

10/02/02

Jim Gresham to attend

"HIPPA" Seminar. scheduled for Wednesday. Noyember 6. 2002 @ the Wyndham Arlington

INDIVIDUAL(S) TRAVELING: MATTYE MAULDIN-TAYLOR & JIM GRESHAM

DESTINATION: WYHDHAM ARLINGTON DATE LEAVINGIRETURNING: _N_O_VEMB__E_R_6_,_2_00_2_

PROJECTED EXPENDITIJRES:

o NO COST TO DALLAS COUNTY o IN COUNTY VEHICLE W/GAS CREDIT CARDS

A. Transportation

B. Mileage (Auto Mileage@3 6 • Scents oec:.r~m.u.jL.Jl"-Ce:.L) _

C. Hotel, Motel

D. Food

E. Taxi, Bus, etc.

F. Registration Fees

G. Other (specify)

.FUNDS ARE AVAILABLE FROM:

FUND NAME DEPT. NAME ACCT. NAME FY AUDITOR'S USE:& NUMBER & NUMBER & NUMBER BUDGET AMOUNT

Example:

General Fund Facilities Mif. Supplies FY

00120 1000 04810 2000

4010 Human Resourc I!sCivil Service Business 2003 $556.00

1040 Travel-4010

INSTRUCTIONS:

1) Fill out this form and verify fund availability with County Auditor and/or Budget Office.

2) Send completed form to Commissioners Court Administrator (411 Elm, 2nd Fl.)

3) Commissioners Court Administrator will prepare for briefIng.

4) Upon approvaVdenial of request, department will be notified by Commissioners Court Administrator.

More reasons to attend

( HIPAA Privacy"e fers: :onoi,ar:ce Gale for HiP~-'J....::.s-_L5 _ainost hereL .Whether you work for ar: employer.Jrrith .o'er: TPA. bro<er or r:errlth prOVider. yeL; need :0 ~now what to do. how to do It. and when It~st be ready AireG:::'1 reulsed rules and new ,r:terpretG.tlons abound'

- s new. It"S controversial. It"S complex. and theenaltles for noncompliance are staggering. Buts not gOing away. and the compliance date for

rost covered entities IS April 14. 2003.

IPAA's privacy rules create significant require­-ents and limitations on the way that health-formation IS transferred. and some of the ruleslYe been changed even since HHS issued itsfinal.' rules In December 2000 1

Jrther. Congress recently passed the,dmlnistratlve Simplification Compliance Actrat gives some (not alii) entities a one-year,tenSion for Implementation of final electronicansactlons and code sets. Do you know Ifoure eligible. and If so. how to apply? We'llnow you.

\Iso. do you know:That employers are not covered entities.but that employer-sponsored group healthplans are - and what thiS means about yourpflvacy compliance responsibility?The difference between consent andauthoflzatlon - which requirement has beenretracted and who is responsible for obtainingthe one thats still required?To what extent you can assist an employeewith a health insurance claim dispute withoutViolating privacy rules?Under what circumstances an employercan obtain an indiVidual's personal healthinformation?What is required to obtain protected healthInformation for health plan administration?What a "bUSiness assoCiate" is and whythiS designation matters?What a "pflvacy firewall" IS. If you need one.and If so where and how to install one?

Ve'lI help you make sense of these issues andIso teach you about:

What constitutes "protected" healthinformation and how this differs fromother Information

The regulatory environment is constantlychanging. so you need to constantly stayup-to-date!

Why do you attend seminars? We believe it'sbecause you want to learn and understand howto practICally apply the requirements. That'swhy we place such an emphasis on not onlyaccurate. expert information. but also on goodteaching and ensuring your understanding. Atour seminars you won't be bored and confusedby a talking head. pay higher seminar fees for arubber-chicken lunch. receive a 700-page manualthat's more overwhelming than useful. or bescared Into bUYing more products and services_But you will learn the rules. be actively engagedIn the discussion, leave confident of your abilityto apply what you learn back on the Job. andeven have a little fun, tool

Under what circumstances. and to whomprotected health information can be disclosedWhat privacy's "minimum necessarystandard" is and how it affects the transferof informationHow to comply with HIPAA's privacynotice reqUirementsHIPAA's administrative requirements. such as:designating a privacy official and contactperson: training employees: establishing agflevance process and sanctions fornoncomplianceWhat privacy reqUirements you may beexempt from

Course OutlineI. Introduction to HIPAA Privacy2. Protected Health Information3. Covered Entities4. Business Associates5 Use and Disclosure of Protected

Health Information6. Use and Disclosure for Treatment.

Payment or Health Care Operations7. Use and Disclosure for Other Activities8 Pflvacy Notice Requirements9. Administrative Requirements10. Privacy and the Plan SponsorI I. Other Administrative Simplification Standards12. Resources and Compliance Action Plan

Seminar Manual 6- Desk ReferenceHHS 2000 Final HIPAA Privacy RulesHHS 2002 New Proposed HIPAAPrivacy RulesOffice of Civil Rights Regulatory GuidanceSample Forms(Notice. Consent. Authoflzation)HHS Privacy Fact SheetHHS FAQs about ElectronicTransaction StandardsHHS FAQs about Code Set StandardsHHS FAQs about Security and ElectronicSignature StandardsHHS FAQs about the AdministrativeSimplification Act

Here's what our customers say:"I have fretted and stewed about FMLAcompliance since 1993. I have been toseveral seminars on this. inciudinc one byour corporate counsel. This is the best infoEVER. I can finally relax!"

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"I have attended other COBRA seminars. andthis one was much more in-depth· GREATI"

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"Superior breadth of information· wellresearched. well presented. Exceptionallyinformed speaker."

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_ DAYTMorning

FMLAFMLAs requlremems are much more challengingthan most employers realize. but we can helpyou make sense of It ail - ,ncludmg how theUS Supreme Courts recent rulmg on WrittendeSignation affects your (Irm

Years after its passage. the FMLA continues tocause confUSion and headaches for businessesand HR profeSSionals. FMLA usage IS on the lise.and more and more employees are enforCing theirrights through the courts. Recently, a Jury awardfor $320,000 for FMLA violations was upheld bya federal distflct court l

When an employee misses work. It IS theemployer's responSibility to determine whetherFMLA applies. We'll help you understand howto comply with all the FMLA's complicatednotice and deSignation reqUirements, and howthe new US Supreme Court ruling has changedadmlnistratlon_ documentation. and penaltiesfor non-compliance.

The DOL's rules on what constitutes a serioushealth condition are complex_ In some cases, anemployee would have to be unable to work formore than three days. But in many cases. theperiod of absence can be much shorter - even afew minutes - to be FMLA-qualifying! We'lImake sure you understand all six criteria thatdefine an FMLA serious health condition,

You'lI also learn about these Important Issues:Medical certification rulesThe DOL's employment restoration andbenefit protection rulesHow to determine when an employeeon intermittent leave has used his/her"12 weeks"A little-known rule restflcttng Job restorationbefore an employee's FMLA leave is over

Course OutlineI. Introduction to FMLAZ. Types of Leave3_ Leave ReqUirements4, Administrative and Notification Requirements5. Employment and Benefit Protection6, Special Rules for Schools7. Enforcement8. Resources and Compliance Action Plan

Seminar Manual 6- Desk ReferenceDOL Final RegulationsCourt case updateDOL Fact SheetState leave law chartModel Certification of Health Care PrOViderModel Employer Response to EmployeeRequest for FMLA LeaveModel Notice of Employee RightsDOL Compliance ChartSample policy and speCific notice

www.AERtCheck out our newly-redeSigned webslte l You'lI finccompliance Information. and more information abo,can also register for our nationally-renowned semtntalk to us directly. between 7:00 am and 500 p.m

1-800-4

123

A.E. Roberts CompanyThe Information Source for Employee Benefits and Human Resources Professionals.

Think you can't afford the time or money to attend?For as little as $169 and ]'12 hours. we could help you avoid

tens or even hundreds of thousands of dollars in judgments and penalties.Look what's in store for non-compliant companies:

HIPAA Portability & NondiscriminationThe federal government recently reported) that one out of three group health plans is outof compliance with HIPAA. so the DOL is expanding its random compliance audit program.States can enforce HIPAA requirements, too. The penalties can reach $500.000, even forunintentional violations!

FMLA - Employees aren't bashful about enforcing their FMlA rights, and many arewinning. A federal district court recently upheld a $320,000 jury award in an FMLA case. 4

Also. the DOL has filed nearly 40 FMLA suits. a recent one costing an employer $50,000. 5

COBRA - The pace of huge awards continues. One appeals court recently affirmeda $65,000 judgment for improper notice.' An employer recently incurred $32,000 in COBRAlegal fees over $654 in dental c1aims!2

HIPAA Privacy- Most covered entities must comply with health privacyrules beginning April 14,2003. This highly-visible law is likely to be actively enforced, and thepenalties could be staggering - civil penalties of up to $25,000, and criminal penalties of upto $250,000 and prison time! (You don't want to be a test case.)

Section 125 Cafeteria Plans - The IRS does activelymonitor cafeteria plan compliance, and when a company is noncompliant. it can levy reportingpenalties, require payment of back taxes. and require amended 10405 and corrected W·2s.

~ Kansas

• Wichita

JMichiganDetroit

, Missouri

• Kansas CityLouis

NOVEMBER 2002lei SEMINAR• LOCATIONS!

) 1~8LOO.486.4585)

or visit our website at:www.AERoberts.com

~to register for convenient,information-packed seminarsin your area:

•J-), Continuing Education credits available tor

insurance agents and CPAs in many states.• Call 1·800-486-4585 to verify continuing

education approval in your state.

I Wnght v. Hanna Stm CorporatlOn ZMnco v St. FrancIS HOSPItal ) GAO~ May 2001 4 Brenlla v. I.iSor5a Bud 5Chao v. Emem Assoc. C~I

Who Should Attend an A.E. Roberts Seminar?• Employee Benefits Professionals. Human Resource Managers and Administrators

• Insurance Agents and Brokers. TPAs and Consultants /• Anyone involved in employee benefits or human' resource administration

Eight Great Reasons to attend A.E. Roberts Seminars:I We're the leader Since 1989. more companies have turned to

A.E. Roberts for compliance training in these areas than any othercompany. No wonder we're recognized nationally as 111 /

2. learn the latest. Rules and regulations change constantly.Our full-time research staff is dedicated to bnnglng you the latestIn regulations and legal rulings

3 Get the information you really need. We focus on practicalapplication Issues. not mind-numbing legal minutiae.

4 Call our Helpline FREE for up to 30 days after your semlnarl

We'lI answer your tough questions at no cost.

Get the COBRA Quarterly online newsletter FREE for 6months after the seminar.

6. Our instructors are top-notch. Our instructors are experts In reg­ulatory compliance and administration. They are also superb communi­cators who have a knack for making complex Issues understandable.Time after time. our partiCipants tell us how much they haveenjoyed our speakers!

7 Get critical documents and materials. Every seminar Includesexcellent supporting materials including sample forms. regulations.fact sheets compliance aids. and more.

8 Our 100010 money-back guarantee. You must be completelysatisfied or we Will refund your seminar fee. no questions asked l

Dallas. TXNovember 5.6 & 7Wyndham Arlington1500 Convention Center Drive.l:\rtlngton TX 76011

817-261-8200

Detroit. MINovember 5.6 & 7Wyndham Garden Hotel NOVI42100 Crescent Blvd.Novi MI 48375248- 344-8800

124

Houston. TXNovember 12. 13 & 14Doubte:-~e Guest SUites

5353 \\~sthelrT.er RoadHousto- TX 77056

713-96 -9000

Kansas City. MONovember 12. 13 & 14Embass. SUites220 West 43rd StreetKansas ;::,cy, t\.lO 641 I 1816-75:· 720

Salt Lake City. UTNovember S. 6 & 7Wyndr;-:l Hate, Salt Lake City215 West South TempleSaltLak~C:ty.UT 84101801-53 -7500

St. Louis. MONovember 5.6 & 7St LOG,s F'ontenac Hilton1335 S Lindbergh BlvdSt. LouIs MO 63131314-993-1100

Wichita. KSNovember 19. 20 & 21Holiday Inn Select549 South Rock RoadWichita KS 67207316-686- 713 I

. REGISTER TODAY!:- (Phone)I-800-486-4S8S www.AERoberts_com (Internet)

Get an threedays and save

$180.00!!

Cancellation Policy: If you cancel 2 weeks or more pr:' to the ,~-,mar.

we will refund 100% of yOur fee. If you cancel less :"an 2 .... <eks Inadvance. you will be Issued a credit certificate. less < >35 per ,e"llnarregistration procesSing fee. Credits may be used towaoc 'uture seHIons.Credits must be used wlthm one year of Issue. Subs: :.'Ions of :UtlCI­pants are allowed at any time.

CEU CREDITS ThiS course has been approved for cor- ·wlng ec.:atlonfor Insurance agents In many states. Call laoo-486·~5a5 to 'e' 'y CEcredit approval In your state.

~AE. Roberts Company IS registered ...... the ~.,:onal

PE9 ASSOCIation of State Boards of Accountar:. i NASB.';! as a

sponsor of continUing profeSSional e~ _:ltion :- the"""'" National Registry of CPt Sponsors State ::;rds of ,::oun­

tancy have final authomy on the acceptance of InC : ~al co~ -,es for

CPt credit Complamts regarding registered sponsors - i! be ac:'essed[0 NASBA. 150 Fourth Avenue North. SUite 700 Nas- Ie. TN ,7219­2417 (015) 880,4200 CPAs. course prerequls,tes no-, cumbe' :'CPEcredits awarded. J 0 credits per seSSion e,cept ':' .,IPAA ;. Ky.which IS 6 0: progrJm ievel Inte~medlJte

A.E. Roberts Compan)'Seminar Registration InformationAttend any combination of seminars. v:tSAVE when you and/or a co-worker enroJIin two or more seminars! C11 jIfl

Seminar Fees & Discounts r-JSin Ie half-day session: $169

Two half-day sessions: $298$149 per SAVE

Three half-day sessions: $417($139 per half-day session. YOU SAVE $90,00'>

Four half-day sessions: $556

Four or more half-day sessions: $139 per half-day session

Four Easy Ways to Register!I. PHONE - 1-800-486-4585 or 651-681-7887

2 ONLINE - www.AERoberts.com3. FAX completed form to 65 1-681-19984 MAIL completed form to: A.E. Roberts Co.

NW 7136

PO Box 1450Minneapolis. MN 55485-7136

1,,­..~Mail/Fax Participant Registration Form

:J Mr.

:J Ms.~strant's Name

Address

Address

City

TeJephone

Fax No.

e-mail Address

State Zip

D

TO register i:Iy f&x: P'ease f&x tr.1S pa~ to 651-<>8 1·1998. }l sq>arata form IS~ f<x tadt rqutrant.To regiSlJ!r i:Iy mail: Please mall thiS pa~ to the address 00 the pnor panel1f)'Oll do .... I'IlCftw con/InnatiDn wdNn 10 days 0{ rqistratiDn.~ callI~.

:J COBRA (a.m.. Day I) :l HIPAA Portabtiity & Nondiscnmlnaoon (pm· Day I) D:l HIPAA Pnvacy (ail day . Day 2) :J FMLA (a.m.• Day 3) :l SectIon 125 (pm· Day 3)

:l Dallas. TX (November 5-7) :l Salt Lake City. UT (November 5· 7) D:l DetrOit. MI (November 5-7) :l St. LOUIS. MO (November 5·7)

:l Houston. TX (November 12-14) :l Wichita. KS (November 19-21)

:l Kansas City. MO (November 12-14)

I am unable to attend. Please send me ttle folloMng seminar manuals at $ 145 ad1 (S 140 + S5 S&H) m:l COBRA :l HIPAA Portability :l HIPAA Pnvacy :l FMLA :J Section 125

:l Please start my one-)'Gr subscnpoon to A.E. Roberts· Employee Benefits Newsletter for $99

:l Please start my ooe-)'Gr subscription to COBRA Quarterly online newsletter for $99

:l Please send me FR£l fact sheets on COBRA. FMLA. and HIPAA Pnvacy

:J I am the ONLY registrant from my company to attend EJ:J There are OTHER registrants from my company. so I am enoded to a

muillple employee discount (see pnor panel for discount information)Note: please mall or fax co-'MX1<er's registration form with thiS form

I PresortedI StandardI US PostageI PAIDIA.E. RobertsI Company

A.E. Roberts CompanyThe Information Source for Employee Benefitsand Human Resources Professionals1400 Pilot Knob RoadSt. Paul, MN 55120

"," 1.1,',.,','n••••,','.,.,.,•••m....'.'...I,II••'.'..."...............AUTO**3-DIGIT 752MATIYE MAULDIN-TAYLOR 16217PERSONNEL DIRECTOR

fDI09/02 DALLAS COUNTY CIVIL SERVICESOl MAIN ST STE 103DALLAS TX 7S202-570S

EJTotal Amount

due:

Exp. Date

Name on Account

Account Number

Our Tax 10* is 41-1632847

:J Check enclosed (please include participant's name on the checJ<)

:l P.O. number (attach copy of P.O. with participant's name)

:J Bill me (fees must be paid before selTlInar date)

:l Charge to the folloMng credit card

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Authorized SignatIJle

11.Q2W

Employee Benefits and HumanResources Professionals!Now. more than ever. is the time to attend nationally­renowned A.E. Roberts Company seminars!

A.E. Roberts CompanyThe Information Source for Employee Benefitsand Human Resources Professionalswww.AERoberts.com

See inside for information on fREE COBRA. FMLA and HIPAA Privacy fact sheets

COBRAComplexity abounds

with changing regulations.

court cases. opinion letters and

technical guidance!

HIPAAPortability &

NondiscriminationActive enforcement by

DOL and the States'

FMLAU.S. Supreme Court Case

on written designation affects

your FMLA administration!

H1PAA PrivacyThe first of many compliance

dates is coming soon.

Revised rules and

new interpretations continue

to flow from Washington!

Section 125Cafeteria Plans

Relaxed 5500 rules!

New rules for FMLA leaves!

HRA/HFSA/MSA confusion l

126

DALLAS COUNTY [2 rr~ _'HUMAN RESOURCES/CIVIL SERVICE DEPARTMENT ~~, :-. P,i 2: 23

October 9, 2002

To:

From:

Subject:

Members of Commissioners Court

Mattye Mauldin-Taylor, Ph.D.Director of Human Resource Management/Civil Service

Contract with Beech Street Corporation for Benefits Provider Network

BackgroundThe Public Employee Benefit Cooperative (PEBC) Board of Governance has recommended acontract with Beech Street Corporation (Attachment 1) for a PPO Provider Network outside ofthe DFW area. The County Benefits Committee has concurred in this recommendation. Thiscontract provides the County's PPO Medical Plan an out-of-area network of medical providersand discounts for their services.

Impact on OperationsThere is no operational impact in this contract.

Financial ImpactThe contract is estimated to be cost neutral because of the discounts provided.

RecommendationThe Human Resources/Civil Service Department recommends Commissioners Court approve thecontract with Beech Street Corporation for an out-ofarea medical provider network in support ofthe County's PPO Medical Benefit Plan and authorize the County Judge to sign the contract onbehalfofthe County.

Recommended by:

Attachment

509 Main Street, Room 101Records Building

Q:\Btiefings\PEBC 2002 Beech Streel Contract.doc

Dallas, TexasEqual Opportunity Employer 214.653.7638

Payor Agreemcntdoc:06/01/01

127

PAYOR AGREEMENT

by and between

BEECH STREET CORPORATION

and

PEBC DALLAS COUNTY

Atch 1

128

PAYOR AGREEMENT

This Payor Agreement ("Agreement") is made and entered into as of the Effective Dateset forth on the signature page, by and between BEECH STREET CORPORATION, a Californiacorporation ("Beech Street"), and the entity whose name is indicated under the heading "Payor"on the signature page ("Payor").

WIT N E SSE T H:

WHEREAS. Beech Street arranges for the provision of quality, cost efficient health careservices from selected health care providers for purchasers of such services; and

WHEREAS, Payor is the purchaser of health care services provided pursuant to a Plan orPlans and is responsible for payment for such services; and

WHEREAS, Payor desires to engage Beech Street to provide selected health careproviders to furnish health care services to Eligible Persons pursuant to a Plan or Plans andBeech Street desires to furnish health care providers for the provision of such services.

NOW, THEREFORE, in consideration of the premises and the mutual promises andcovenants herein contained and for other good and valuable consideration, the receipt andsufficiency of which are hereby acknowledged, the parties agree as follows:

1. Preamble and Recitals. The preamble and recitals are hereby incorporated into and madea part of this Agreement.

2. Definitions.

2.1 Plans. "Plans" mean individual or group health benefit contracts, worker'scompensation programs, policies of health insurance, other managed care organizationprograms, policies of automobile insurance. government programs, or other plans of aPayor or programs paid for by Eligible Persons which shall be subject to this Agreement.The Plans shall be divided into three (3) categories:

2.1.1 "Financial Incentive Plan" means a Plan which includes financialincentives to encourage Eligible Persons to use Participating Providers. AFinancial Incentive Plan shall include financial incentives that lower the cost ofCovered Services to Eligible Persons and/or increase the Plan benefits available toEligible Persons.

2.1.2 "Direction Plan" means a Plan which includes a communicationsprogram to encourage Eligible Persons to use Participating Providers. Such

1PEBC Dallas County PayorOctober I. 2002 (N) # 22697

129

communications program shall include providing Eligible Persons with any of thefollowing: (i) directories (printed. toll-free number or website) of ParticipatingProviders; or (ii) a telephone referral service; or (iii) education programs andpromotional information regarding the benefits of using Participating Providers(e.g.. savings); or (iv) identification cards with the Beech Street logo or othermeans of identification for use with Participating Providers.

2.1.3 "Non-Direction Plan" means a Plan without an affirmativeobligation to create financial incentives or to adopt a communications program toencourage Eligible Persons to use Participating Providers.

2.1.4 During the term of this Agreement: (i) Plans identified by Payor asFinancial Incentive Plans shall continuously maintain the financial incentives asdescribed in Section 2.1.1; and (ii) Plans identified by Payor as Direction Plansshall continuously maintain the criteria described in Section 2.1.2.

2.2 Eligible Persons. "Eligible Persons" means those persons entitled toreceive Covered Services pursuant to a Plan. Eligible Persons shall have currentidentification with a Beech Street name or logo. or an alternate method of demonstratingthat the patient is an Eligible Person in the Beech Street Network.

2.3 Covered Services. "Covered Services" means the Medically Necessaryhealth care services provided pursuant to a Plan.

2.4 Participating Providers and Beech Street Network.

2.4.1 "Participating Providers" means those health care providers.including, without limitation. physicians, facilities. ancillary health care andallied health care providers. who: (i) have directly, or indirectly through BeechStreet agreements with other networks ("Leased Networks"), entered into anagreement with Beech Street to perform the Covered Services.

2.4.2 "Beech Street Network" means the network of ParticipatingProviders in the Service Area.

2.5 Fee Schedule.

2.5.1 "Fee Schedule" means the reimbursement amounts pursuant towhich Payor shall pay Participating Providers for providing Covered Services toEligible Persons.

2.5.2 The Fee Schedule may be modified from time to time pursuant tonegotiations with Participating Providers by Beech Street or the Leased Networks.

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2.6 Provider Contracts.

2.6.1 "Provider Contract" means a contract between a ParticipatingProvider and Beech Street or between a Participating Provider and a LeasedNetwork.

2.6.2 "Financial Incentive Contract" means a Provider Contract wherebythe Participating Provider has agreed to accept the Fee Schedule as payment forCovered Services to Eligible Persons of Financial Incentive Plans.

2.6.3 "Direction Contract" means a Provider Contract whereby theParticipating Provider has agreed to accept the Fee Schedule as payment forCovered Services to Eligible Persons of Direction Plans and Financial IncentivePlans.

2.6.4 "Non-Direction Contract" means a Provider Contract whereby theParticipating Provider has agreed to accept the Fee Schedule as payment forCovered Services to Eligible Persons of Non-Direction Plans. Direction Plans orFinancial Incentive Plans.

2.7 Standard Terms. "Standard Terms" shall mean the Standard Terms ofBeech Street set forth in EXHIBIT 2.7.

2.8 Utilization Management Program. "Utilization Management Program"means the utilization management program established, and administered orsubcontracted by Beech Street or the utilization management programs required by Payor.Payor shall provide Beech Street with copies of the Utilization Management Programsupon request.

2.9 Medicallv Necessary.

2.9.1 If Covered Services are required to be "Medically Necessary" orare subject to a determination of "Medical Necessity", such terms shall have themeaning set forth in the Plan. the Utilization Management Program or as detinedby applicable law.

2.9.2 "Medically Necessary" or "Medical Necessity", mean services orsupplies which, under the provisions of this Agreement, are determined to be: (i)appropriate and necessary for the symptoms. diagnosis or treatment of the injuryor disease; (ii) provided for the diagnosis or direct care and treatment of the injuryor disease; (iii) preventative services as provided in a Plan; (iv) within standardsof good medical practice within the organized medical community; (v) not

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primarily for the convenience of the Eligible Person or of any provider providingCovered Services to the Eligible Person: (vi) an appropriate supply or level ofservice needed to provide safe and adequate care; and (vii) provided in a settingconsistent with the required level of care.

2.9.3 Medically Necessary services may not be Covered Services undera Plan.

2.10 Procedures. "Procedures" means the policies. procedures. rules andregulations of Beech Street as communicated to Payor. If any of the Proceduresreferenced in this Agreement have not been communicated to Payor. Payor shall contactBeech Street at the phone number or e-mail address provided by Beech Street.

2.11 Service Area. "Service Area" means the geographic locations set forth inthe Payor/Policy Holder Information Sheet and as set forth in l:XHIBIT 2.11.

3. Entrv Procedures. Standard Terms and Fee Schedule.

3.1 Entrv Procedures.

3.1.1 Payor hereby accepts and is bound by the Standard Terms andapplicable Fee Schedule effective as of the Effective Date.

3.1.2 Prior to the Effective Date, Payor shall comply with the proceduresfor initial entry into the Beech Street Network as set forth in the Procedures("Entry Procedures").

3.1.3 Prior to the Effective Date or compliance by Payor with the EntryProcedures, whichever is later: (i) Payor shall not apply the Fee Schedule forCovered Services for Eligible Persons; (ii) Payor shall not issue identificationcards to Eligible Persons identifying them as Eligible Persons under thisAgreement; and (iii) Eligible Persons shall not be entitled to Covered Services orseek to receive the Covered Services from Participating Providers as EligiblePersons.

3.2 Standard Terms and Fee Schedule. Payor hereby accepts and is bound bythe Standard Terms and the applicable Fee Schedules ~ffective as of the Effective Date.

3.3 Application of Fee Schedule. As of the Effective Date or compliance byPayor with the Entry Procedures, whichever is later, Payor may apply the applicable FeeSchedule in accordance with the Standard Terms for Covered Services rendered toEligible Persons. Payor shall only apply the Fee Schedule:

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3.3.1 for Financial Incentive Contracts for Eligible Persons receivingCovered Services pursuant to a Financial Incentive Plan: and

3.3.2 for Direction Contracts for Eligible Persons recelVlng CoveredServices pursuant to a Financial Incentive Plan or a Direction Plan.

3.3.3 Notwithstanding anything contained elsewhere in this Agreement.the application of the Fee Schedule to claims of Eligible Persons shall be subjectto the Provider Contract with a Participating Provider. If a Provider Contractrequires additional Financial Incentives or Direction or other terms (AdditionalRequirements"), Payor shall only apply the Fee schedule to claims of EligiblePersons receiving Covered Services from such Participating Provider pursuant toPlans that comply with the Additional Requirements.

3.3.4 Except as provided in Section 6.3, Payor shall not apply the FeeSchedule to claims of patients of Participating Providers who are not EligiblePersons or who have not been issued identification cards with the Beech Streetlogo.

3.3.5 If Payor shall inappropriately apply the Fee Schedule to a claim,Beech Street or the Participating Provider shall notify Payor and Payor shallreimburse the Participating Provider in an amount equal to the difference betweenthe amount due and the amount paid to the Participating Provider for the claim.Such reimbursement shall be paid within ten (10) days of notice from BeechStreet or the Participating Provider to Payor of the inappropriate reimbursement.

3.4 Notice of Phm Modification, Addition or Termination.

3.4.1 If Payor shall materially modify, add or terminate any Plan, Payorshall provide Beech Street with ninety (90) days prior written notice of the detailsand the effective date of such modification, addition or termination. Beech Streetwill disallow retroactive revenue adjustment beyond a window of three monthsfor a term or rate change.

3.4.2 If a modified Plan or additional Plan shall fail to include thefinancial incentives set forth in Section 2.1.1 for a Financial Incentive Plan and/orto satisfy the criteria for a Direction Plan set for,th in Section 2.1.2, Payor shall notbe entitled to apply the Fee Schedule to claims of patients of ParticipatingProviders receiving services pursuant to such Plan.

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3.5 Liabilitv for Claim Decisions and Pavments.

3.5.1 Payor shall be liable for all claims decisions and for the payment ofPayor's portion of all claims pursuant to a Plan.

3.5.2 Beech Street shall not be liable for anv claims decisions or for anv. .payments of any claims submitted by participating provider for furnishingCovered Services or non-Covered Services to Eligible Persons or any breach by aParticipating Provider of a Provider Contract.

3.5.3 Beech Street shall not be an insurer, guarantor or underwriter of theresponsibility or liability of Payor to provide benefits pursuant to any Plan.

3.5.4 If Beech Street performs repricing for Payor or provides Payorwith access to a repricing system, the liability of Beech Street for any inaccurateor incomplete adjustments to information or reports shall be limited to thecompletion of, or assisting Payor to complete, any such adjustments toinformation and reports, and to using its best efforts to prevent such failures.

4. Service Fees.

4.1 Payment.

4.1.1 Compensation for the services provided by Beech Street pursuantto this Agreement shall be paid as provided in EXHIBIT 4 ("Service Fees").

4.1.2 Beech Street may suspend its obligations and/or terminate thisAgreement due to the failure of Payor to pay the Service Fees within thirty (30)days of the date of an invoice.

4.2 Amendment.

4.2.1 During the term of this Agreement, Beech Street may amend theService Fees by providing at least sixty (60) days prior notice to Payor. Suchamendment shall be effective as of the end of the sixty (60) day notice periodunless Payor provides notice of objection during the sixty (60) day period.

4.2.2 If Payor objects to the increase in the Service Fees, Beech Streetshall have the option for a period of sixty (60) days thereafter to terminate thisAgreement.

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4.2.3 If Beech Street does not exercise its option to terminate thisAgreement, the amended Service Fees shall be deemed withdrawn and thisAgreement and the current Service Fees shall remaIn in effect.

4.3 Deficiency. If Beech Street provides reasonable evidence that adeficiency exists in the payment of any Service Fees due from Payor. Payor shallpromptly pay any such deficiency upon notice thereof from Beech Street.

5. Utilization Management Program.

5.1 Utilization Management Program. Subject to the approval of BeechStreet. which may be withheld in the sole discretion of Beech Street ("Approval"), Payorshall have the right to determine the party or parties performing all or a portion of thecomponents of the Utilization Management Program. Payor may, subject to the Approvalof Beech Street. remove or appoint parties to perform all or a portion of the componentsof the Utilization Management Program.

5.2 Conduct of Utilization Management Program.

5.2.1 If Payor conducts a Utilization Management Program. Payor shallconduct the Utili~tion Management Program in accordance with the guideline~

for utilization management provided in the Procedures.

5.2.2 Failure by Payor to conduct the Utilization Management Programin such a manner shall be a material breach of this Agreement. Any action ofPayor that, in the sole discretion of Beech Street, causes the disruption of theBeech Street Network or a material dissatisfaction of the Participating Providersshall be a material breach of this Agreement.

5.3 Retrospective Review. If Payor authorizes or certifies theperformance of Covered Services for an Eligible Person by a Participating Provider,Payor shall not rescind or modify the amount of reimbursement due such ParticipatingProvider pursuant to a retrospective review by Payor which determines that such CoveredServices are not Medically Necessary.

6. Marketing and Information.

6.1 Marketing and Information. Payor shall use its best efforts to market.advertise and actively promote the Beech Street Network in the Service Area. Each partyshall use its best efforts to coordinate its marketing activities in the Service Area to avoidconflict with or duplication of the marketing activities of the other party.

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6.2 Materials.

6.2.1 Payor shall reasonably provide Beech Street with the Planmaterials set forth in the Procedures.

6.2.2 Beech Street shall reasonably provide Payor with the materials setforth in the Procedures.

6.3 Identification.

6.3.1 Except for worker's compensation Plans, automobile insurancepolicies and Eligible Persons who are foreign travelers, Payor shall provide allEligible Persons with an identification card identifying Beech Street in a formreasonably approved by Beech Street.

6.3.2 Eligible Persons under worker's compensation Plans, automobileinsurance policies and Eligible Persons who are foreign travelers shall obtainappointments with or be admitted to Participating Providers in accordance withthe Procedures.

6.4 Directories and Toll Free Numbers.

6.4.1 Beech Street shall provide Payor with written or electronicdirectories (via access to a website or equivalent) of Participating Providers("Directories"). Payor shall include the disclaimers provided by Beech Street inthe Directories as required by Beech Street. Payor shall provide Directories toEligible Persons. The cost of the materials provided by Beech Street in thisSection shall be billed by Beech Street to Payor and Payor shall provide paymentwithin thirty (30) days of the date of an invoice.

6.4.2 Beech Street or Payor shall provide a toll free number for EligiblePersons to obtain a current list of Participating Providers.

6.5 Additions and Deletions of Participating Providers. Beech Street shalluse best efforts to provide Payor with additions and deletions, including terminations, ofParticipating Providers in accordance with the Procedures. Payor shall provide, promptlyor as required by law, written or electronic notice of the termination of a ParticipatingProvider to Payor and to Eligible Persons currently being treated by the terminatedParticipating Provider and provide such Eligible Persons with a Directory of otherParticipating Providers.

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6.6 Education of Eli!2ible Persons. Beech Street and Payor shall usereasonable efforts to educate Eligible Persons in connection with the terms and operationof the Plans and the services provided by Beech Street and the Participating Providers. Inorder to comply with the terms of Provider Contracts or applicable law. Beech Streetmay. in its sole discretion, directly communicate with Eligible Persons to provide sucheducation.

6.7 Information Specifications and Requirements.

6.7.1 Payor shall submit information for all Eligible Persons utilizing theBeech Street Network in the standard format of Beech Street, including, withoutlimitation. the name and address of each Eligible Person.

6.7.2 Lessee and each Payor shall submit, in the standard format ofBeech Street, information regarding all amounts paid by or on behalf of a Payorfor all Covered Services rendered to Eligible Persons during the preceding month.Such information shall include. without limitation, the name and unique identifier

of the Eligible Person. the name and unique identifier of the ParticipatingProvider, dates of service. procedure and diagnostic codes, billed amounts,allowed amounts and the date the claim appeared on the Beech Street invoice.

6.7.3 Such information shall be submitted with the remittance of theService Fees due to Beech Street pursuant to Section 4.1.1 of this Agreement.

6.8 Repricing. If Beech Street performs repricing for Payor, repricing servicesshall be as set forth in EXHIBIT 6.8.

6.9 Information from Participating Providers. Payor shall pay ParticipatingProviders customary fees for copies of records and other information requested by Payor.

7. Representations and Warranties. Beech Street and Payor represent and warrant to theother party that the following are true and correct and shall remain true and correct during theterm of this Agreement:

7.1 It is a duly organized corporation or legal entity in good standing underthe laws of its state of incorporation. is duly qualified to do business in all states wherequalification is required by law. has the power to own its properties and conduct itsbusiness as it is now being conducted and is empowered and duly authorized to enter intothis Agreement.

7.2 The execution and delivery of this Agreement and compliance with theprovisions hereof by such party shall not in any material respect conflict with orconstitute a default on the part of such party (immediately, with due notice or the passage

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of time or othef\vise) under its Certificate or Articles of Incorporation or Bylaws. or anyagreement or other instrument to which it is a party or is subject or under any applicablelaw, rule or regulation or court order or decree.

7.3 It is (i) licensed pursuant to the applicable statutes and regulations of eachstate in which it is doing business or is otherwise required to be licensed; and (ii) incompliance with all applicable laws. rules, and regulations.

7.4 None of the representations and warranties made by Beech Street or Payoror on their behalf, or made in any certificate or memorandum furnished or to befurnished, contains or shall contain any untrue statement of material fact, or omits anymaterial fact the omission of which would be misleading.

8. Confidential Information.

8.1 Legal Restrictions. Neither party shall be in default for failure to supplyinformation which such party, in good faith, believes cannot be supplied due to prevailinglaw or for supplying information which such party, in good faith, believes is required tobe supplied due to prevailing law.

8.2 Non-Disclosure of Confidential Information.

8.2.1 Except as otherwise provided in this Agreement, the parties (andtheir respective officers, directors, employees, agents, successors and assigns)shall hold any and all Confidential Information in the strictest confidence as afiduciary. and shall not, voluntarily or involuntarily, use, sell, transfer, publish,disclose, display or otherwise make available to others any portion of theConfidential Information without the express written consent of the owner of theConfidential Information.

8.2.2 "Confidential Information" shall mean information of a party thatshall be subject to patent, copyright, trademark, trade name or service markprotection, or described as confidential by such party, or not otherwise in thepublic domain and related to the business and operations of a party, including,without limitation, this Agreement and the exhibits hereto, the Fee Schedule,proprietary software, the Procedures, manuals and other proprietary informationofa party, eligibility data, information relating to earnings or volume of business.

8.2.3 If Payor shall engage a third party to perform services for Payor,prior to the disclosure of any Confidential Information, Payor or Beech Streetshall enter into a written non-disclosure agreement with such third party. A non­disclosure agreement between Payor and the third party shall be subject to theprior written approval of Beech Street and Beech Street shall be a third partybeneficiary of such non-disclosure agreement.

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8.2.4 Beech Street shall not disclose to Payor, without a written releaseby the provider, any credentialing information of a provider. including, withoutlimitation, information provided on the application of provider. informationobtained by Beech Street for credentialing the provider or the status of a providerin the credentialing process.

8.3 Medical Records. The parties shall maintain the confidentialitv of themedical records of Eligible Persons, and such information shall only be released ordisseminated pursuant to the valid authorization of the Eligible Person whose medicalcondition is reflected in such medical records or as shall be otherwise permitted underapplicable law.

8.4 Trademarks and Copyrights/Licensing.

8.4.1 Each party acknowledges the other party's sole and exclusiveownership of its respective trade names, commercial symbols, trademarks andservice marks, whether presently existing or later established (collectively"Marks"). Neither party shall use the other party's Marks in advertising orpromotional materials or otherwise without the owner's prior written consent. Alluses of any Mark shall inure exclusively to the benefit of the Mark's owner. Eachparty reserves the right to terminate any consent previously given for the use of aMark by providing the other party with written notice of such termination. In noevent shall the use of the other party's Mark continue after termination of thisAgreement. Each party acknowledges that any use of the other party's Markwithout the consent of such other party would cause the owner of such Markirreparable injury, entitling it to obtain injunctive relief and such other remediesfrom the infringer as may be appropriate. Each party hereby grants the other partythe right to use its name, address and telephone number in connection with theobligations of the other party hereunder. Payor hereby authorizes Beech Streetand Participating Providers to use the name of Payor for Promotional andadvertising purposes.

8.4.2 Except as otherwise provided in Section 8.4.1, if either party("Licensor") permits the use of the Confidential Information ("Licensee"), suchuse shall be deemed a non-exclusive license from Licensor to Licensee and: (i) theConfidential Information shall only be used as authorized by Licensor: (ii)Licensee acknowledges the exclusive right, title and interest of Licensor in theConfidential Information and any updates or modifications to the ConfidentialInformation, including updates and modifications by Licensee; and (iii) all usesby Licensee shall inure to the benefit of Licensor.

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9. Exclusivity and Covenants of Pavor.

9.1 Exclusivity. During the term of this Agreement:

9.1.1 Payor shall not. directly or indirectly, enter into an agreement withany PPO. provider network or other entity to perform the same or similar servicesfor the Eligible Persons accessing the Beech Street Network through thisAgreement in the Service Area: and

9.1.2 Payor shall not be. directly or indirectly, a party to any agreementwith any other PPO or provider network. Provider. broker. agent or other entity toobtain discounted. preferential or otherwise negotiated fees or charges from healthcare providers in the Service Area for the Eligible Persons accessing the BeechStreet Network through this Agreement: PROVIDED, HOWEVER. if Payor shall.directly or indirectly, be a party to such an agreement, Payor shall only apply theFee Schedule to claims of Eligible Persons receiving Covered Services from suchParticipating Provider and shall not apply the Other Discount to such claims; and

9.1.3 Payor shall not. directly or indirectly, market any PPO or otherprovider networks or other entity similar to the Beech Street Network in theService Area.

9.1.4 "Provider" shall mean any physician, facility, ancillary health carefacility or ancillary health care provider.

9.2 Right to Obtain Providers. Payor shall not enter into contracts withproviders in the Service Area.

9.3 Covenant Not to Solicit Participating Providers. During the term of thisAgreement and for a period of twelve (12) months following the termination of thisAgreement by any means or for any reason whatsoever, for cause or not for cause,whether voluntarily or involuntarily, Payor shall not directly or indirectly contract with orsolicit any of the existing Participating Providers or any Providers who were ParticipatingProviders within the twelve (12) month period prior to the date of termination of thisAgreement to obtain discounted, preferential, or otherwise negotiated fees or charges:PROVIDED, HOWEVER, nothing in this Section 9.3 is intended or shall be construed toprevent Payor from entering into an agreement with another PPO or provider network toobtain such negotiated fees or charges after termination of this Agreement.

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10. Insurance and Indemnification. Except as othenvise provided in this Agreement. eachparty ("Indemnifying Party") shall indemnify. defend and hold hannless the other party and itsofficers, directors, employees, agents. successors and assigns ("Indemnified Parties") from andagainst any and all liability, loss, damage. claims or expenses of any kind whatsoever. includingwithout limitation, reasonable attorneys' fees and costs and expert witness' fees, which may besustained. sutfered, recovered or made against any Indemnified Party by any third party whicharises from or is in any way connected with the performance by the Indemnifying Party of itsduties and obligations pursuant to this Agreement.

11. Term and Termination.

11.1 Term. The term of this Agreement shall commence on the Effective Dateon the signature page of this Agreement and shall continue for one (1) year from theEffective Date. This Agreement shall be automatically renewed for additional periods ofone (1) year each (each a "Renewal Term") unless either party shall give the other partywritten notice of non-renewal at least one hundred twenty (120) days prior to the end ofthe Initial Term or of any Renewal Term.

11.2 Termination. Anything elsewhere in this Agreement to the contrarynotwithstanding, Beech Street shall have the option to terminate this Agreement:

11.2.1 immediately upon notice: (i) if Payor loses any license.qualification, authorization, accreditation or certification required herein; (ii) theliquidation or dissolution of Payor; or (iii) if an order, judgment or decree shall beentered without the application, approval or consent of Payor by any court ofcompetent jurisdiction. approving a petition seeking reorganization of Payor orappointing a receiver, trustee, custodian or liquidator of Payor; or

11.2.2 upon sixty (60) days notice: (i) in the event of the sale, exchange orother disposition of a majority of the property and/or assets of Payor. (ii) themerger or consolidation of Payor with any other entity; (iii) the sale of stock ormembership in Payor in an amount which constitutes twenty-five percent (25%)or more of the voting rights of the stockholders or members of Payor; or (iv) ifPayor acquires or in any manner affiliates with a competitor of Beech Street. Thedetermination of affiliation and competition shall be in the sole discretion ofBeech Street.

11.2.3 Payor shall provide Beech Street with notice of any of the eventsprovided in this Section 11.2 within two (2) days of occurrence.

11.2.4 If Beech Street exercises its option to terminate pursuant to Section4.1.2. this Agreement shall terminate on the date designated by Beech Street.

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11.3 Breach and Cure. Except as othef\oVise provided in Section 4.1 and thisSection 11, in the event of a material breach of this Agreement, either party mayterminate this Agreement if such breach is not remedied within thirty (30) days ("CurePeriod") of receipt by the party in breach of \\'Titten notice of such breach from the otherparty.

11.4 Procedure Upon Termination. In the event of termination for any reason,all rights and obligations hereunder shall cease, except (i) those arising fromindemnifications provided in this Agreement and (ii) those provided in Section 8.Section 10 and this Section 1104; and (iii) those which shall have accrued as a result ofthe operation of this Agreement.

1104.1 Upon termination and consistent with applicable law, Payor shallremain liable for payment to Participating Providers for Covered Servicesfurnished to Eligible Persons prior to such termination in accordance with theStandard Terms and the Fee Schedule. For ninety (90) days after termination,payment for claims incurred during the term of this Agreement shall be paid inaccordance with the Standard Terms and the Fee Schedule in effect at termination.

1104.2 Unless othef\oVise agreed to by a Participating Provider, Payor shallpay the Participating Provider the charges billed by such Participating Providerfor Covered Services furnished to Eligible Persons: (i) after termination; and (ii)prior to termination and paid after ninety (90) days from the date of termination.

11.4.3 Upon notice of termination and during the Cure Period, if any,Payor shall not be entitled to the Confidential Information or any updates ormodifications of the Confidential Information.

11.4.4 Upon notice of termination, each party shall cease use of and returnto the other party within five (5) days of termination: (i) all equipment owned orleased from the other party; and (ii) all Confidential Information and otherinformation of the other party, including, without limitation, all copies of the FeeSchedule.

12. Miscellaneous Provisions,

12,1 Professional Relationship. Particip~ting Providers are independentcontractors and Beech Street is not responsible for health care provided or the omission ofthe provision of health care by any providers. Beech Street does not in any mannerinterfere with or participate in the provider-patient relationship and all health caredecisions are between the patient and a provider. The selection of a provider is theobligation and decision of the patient and not based upon the credentialing or anyrecommendation by Beech Street.

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12.2 Remedies.

12.2.1 Remedies at law may be inadequate and the parties shall be entitledto equitable relief, including without limitation, injunctive relief. specificperfonnance or other equitable remedies in addition to all other remedies providedhereunder or available to the parties at law or equity.

12.2.2 No remedy made available by any of the provIsIons of thisAgreement is intended to be exclusive of any other remedy, and each and everyremedy shall be cumulative and shall be in addition to every other remedy givenhereunder or now or hereafter existing at law or in equity or by statute orotherwise.

12.2.3 If any legal action or other proceeding is brought for theenforcement of this Agreement. or because of an alleged dispute, breach, defaultor misrepresentation in connection with any of the provisions of this Agreement,the successful or prevailing party or parties shall be entitled to recover reasonableattorneys' fees and other costs incurred in that action or proceeding, in addition toany other relief to which it or they may be entitled.

12.3 Independent Contractors. Each party and their respective officers, agentsand employees, are at all times independent contractors to the other party. Nothing in thisAgreement shall be construed to make or render either party or any of its officers, agents.or employees an agent, servant, or employee of, or joint venturer of or with, the other.

12.4 Notices..Notices shall be written and personally delivered, effective ondelivery or effective upon receipt by fax or e-mail, or sent by United States mail effectiveon the third (3rd) day following the date deposited in the mail, addressed to the parties atthe address set forth on the signature page of this Agreement, or to any other addressspecified in \\-Titing by such party.

12.5 Audit and Site Visits.

12.5.1 During the tenn of this Agreement and for a period of one hundredeighty (180) days thereafter. Beech Street shall have the right to: (i) audit therecords of Payor to verify compliance with the tenns of this Agreement; and (ii)conduct site visits to inspect the Confidential Ir~.fonnation.

12.5.2 If Beech Street shall decide to audit or conduct a site visit. BeechStreet shall: (i) provide notification of intent; (ii) assure that the selection of anauditor shall not result in a conflict of interest; provided that nothing containedherein shall prevent Beech Street from conducting the audit using its ownpersonnel; and (iii) submit to the other party the proposed procedures.

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12.5.3 Payor shall: (i) assi-;t Beech Street with the selection of the time forscheduling; (ii) provide appropnate documentation: (iii) provide space at itsfacilities between 9:00 a.m. and 4:00 p.m. on regular working days; and (iv)cooperate with the employees and agents of Beech Street to facilitate completionof the audit or site visit. as applicable.

12.5.4 A copy of any reports shall be provided to Payor.

12.6 Entire Agreement. This Agreement represents the entire agreement andunderstanding of the parties hereto with respect to the subject matter hereof. and all priorand concurrent agreements, understandings, representations and warranties with respectto such subject matter. whether wTitten or oral. are and have been merged herein andsuperseded hereby.

12.7 Amendment. This Agreement may be amended by written consent of bothparties, effective on the date of the amendment or at such other time as said amendmentmay provide.

12.8 Compliance with Terms. Failure to insist upon strict compliance with anyof the terms herein (by way of waiver or breach) by either party hereto shall not bedeemed to be a continuous waiver in the event of any future breach or waiver of anycondition hereunder.

12.9 Rights of Parties. Nothing in this Agreement, whether express or implied,is intended to confer any rights or remedies under or by reason of this Agreement on anypersons other than the parties to this Agreement and their respective successors andassignees.

12.10 Assignment. This Agreement may not be assigned by Payor without theexpress written consent of Beech Street. Any such transfer or assignment shall be void.Beech Street may assign, delegate, or transfer this Agreement to any entity that controls,is controlled by, or that is under common control with Beech Street now or in the future,or which succeeds to its business through a sale, merger, or other corporate transaction.However, all rights and obligations shall be assumed by the assignee, transferee, ordesignee without modification.

12.11 Benefits. This Agreement shall be binding upon, and shall inure to thebenefit of, the parties hereto and their respective successors and assigns.

12.12 Severability. If any portions of this Agreement shall, for any reason, beinvalid or unenforceable, such portions shall be ineffective only to the extent of suchinvalidity or unenforceability, and the remaining portion or portions shall nevertheless bevalid, enforceable and of full force and effect.

16PEBC Dallas County PayorOctober I. 2002 (N) # 22697

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12.13 Multiple Counterparts. This Agreement may be executed in multiplecounterparts. each of which shall be deemed to be an original and all of which takentogether shall constitute a single instrument.

12.14 Conflict of Laws. This Agreement shall be governed by laws of the Stateof California. without giving effect to its conflicts of law provisions.

12.15 Silent PPO. This Agreement is intended to secure the services ofParticipating Provider with respect to legitimately directed business provided by payorsoffering network access through their relationship with Beech Street. Beech Street agreesnot to make available. either directly or indirectly. its services or the discounted rates ofParticipating Provider to individuals who are not eligible at the time services are renderedby Participating Provider. Eligible Persons shall have current identification with a BeechStreet name or logo identifying them as Eligible Persons for use at the time of service. oran alternate method of demonstrating that the patient is an Eligible Person in the BeechStreet network.

17PEBC Dallas County PayorOctober I. 2002 (N) # 22697

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IN WITNESS WHEREOF. the parties hereto have set their hands on the dates set forthbelow. as of the Effective Date set forth below.

PAYOR

DALLAS COUNTY (PEBC)

411 Elm Street. 2"d Floor

Dallas. Texas 75202

214/653-7555

dkongevi@dfwinfo.com

By:

Name: Margaret Keliher

Title: Dallas County Judge

Date:

APPROVED AS TO FORM:

By:Dallas County District Attorney

Civil Section

PEBC Dallas County PayorOctober 1. 2002 (N) # 22697

18

BEECH STREET CORPORATION

25500 Commercentre Drive

Lake Forest, CA 92630-8855

800/877-1666

AI.szabo@beechstreet.com

By:

Name: Alexander H. Szabo. Jr.

Title: Senior Vice President Sales

& Account Management

Date:

January 1,2002

Effective Date of Agreement

146

EXHIBIT 2.7

STANDARD TE1Zl\;lS

The following shall constitute the Standard Terms as defined in this Agreement.

1. Covered Services. Participating Provider shall furnish to Eligible Persons thoseCovered Services customarily furnished by such Participating Provider in the same physicalsetting and in the same manner as such services are customarily provided to other similarlysituated patients of Participating Provider.

2. Pavment to Participating Provider. Pursuant to the terms of the applicable Plan.Payor or its agent and the Eligible Person shall pay to Participating Provider the lesser ofParticipating Provider charges customarily billed to other patients or the amounts set forth in theapplicable Fee Schedule as full payment of any claim submitted by Participating Provider forCovered Services furnished to Eligible Persons pursuant to such Plan.

.,

.).

Persons.Pavment bv Eligible Persons. Verification of Eligible Persons and Non-Eligible

3.1 Payment by Eligible Persons. Participating Provider shall charge or billEligible Persons directly for (i) collection, any deductible, co-payment or coinsurance forCovered Services specified in the applicable Plan, unless otherwise prohibited in suchPlan, in amounts which, when added to Payor's payments shall not exceed the lesser ofcharges customarily charged to other patients or the consideration provided in theapplicable Fee Schedule; (ii) except for services deemed not Medically Necessary by theUtilization Management Program, any services that are not Covered Services; (iii) anyservices provided to Eligible Persons which are deemed not Medically Necessary by theUtilization Management Program, only if Eligible Persons have agreed, in writing, tosuch charges prior to rendering such services; and (iv) directly for any Covered Servicesprovided to Eligible Persons after the benefits set forth in a Plan to which the EligiblePerson is entitled have been exhausted.

3.2 Verification of Eligible Persons. Eligible Persons shall receive CoveredServices from Participating Provider upon the presentation of appropriate 'WTittendocumentation supplied by payor identifying the patient as an Eligible Person.Verification shall be in accordance with Payor's customary verification procedures.

3.3 Payment by Non-Eligible Persons. Each Participating Provider may chargeand collect full charges from patients verified as Eligible persons by a Payor who werenot Eligible Persons at the time of service.

19PEBC Dallas County PayorOctober I. 2002 (N) # 22697

1..-7

4. Claims Submission. Each Participating Provider shall, as provided in theapplicable Plan, submit claims to the address on the back of the Eligible Person' s identificationcard or other appropriate identification materials. Participating Providers shall use best efforts tosubmit claims electronically and within ninety (90) days after providing Covered Services. Anyclaims which have not been submitted by Participating Provider within twelve (12) months afterproviding Covered Services, may be denied pursuant to the Plan of a Payor. Beech Street, Payor.or Payor' s agent shall apply the applicable Fee Schedule, as of the date of the Covered Services.to each Participating Provider's claim to determine the amount due such Participating Provider.

5. Time for Pavment.

5.1 Except where coordination of benefits applies, Payor or its paying agentshall use all reasonable efforts to make all payments due to Participating Provider withinthirty (30) days or as required by law following receipt by Payor, or its paying agent, of aclean claim. "Clean claim" shall mean a complete and proper claim form and otherinformation required to determine that the claim is payable under the Plan.

5.2 Payor shall not be entitled to apply the Fee Schedule to a claims of anEligible Person if Payor fails to make payments due to a Participating Provider within thetime period set forth in' Section 5.1. In such event, Payor shall pay the ParticipatingProvider the charges billed by such Participating Provider.

5.3 Payment by Payor of any claim shall be twelve (12) months after paymentand neither Payor nor Participating Provider shall have further recourse.

6. Service. Participating Provider shall establish procedures, including anappropriate call system, to provide that Covered Services are available to Eligible Personstwenty-four (24) hours per day, seven (7) days per week.

7. Silent PPO. This Agreement is intended to secure the services of ParticipatingProvider with respect to legitimately directed business provided by payors offering networkaccess through their relationship with Beech Street. Beech Street agrees not to make available.either directly or indirectly, its services or the discounted rates of Participating Provider toindividuals who are not eligible at the time services are rendered by Participating Provider.Eligible Persons shall have current identification with a Beech Street name or logo identifyingthem as Eligible Persons for use at the time of service, or an alternate method of demonstratingthat the patient is an Eligible Person in the Beech Street network.

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EXHIBlT 2.11

SERVICE AREA

The Service Area shall mean the following states and shall be subject to Section 9.1:

All Direct National AccessAnd/or

Lease Network Access upon Lease Application ApprovalExcluding Dallas/Fort Worth. Beech Street description of Texas 01

Beech Street agrees to add or terminate a specific service area or zip code with thirty (30) dayswritten notice provided by Payor. The Service Area specifically excludes the following Countiesand zip codes located within the State of Texas:

a. Camp County - 75451; 75686b. Collin County - 75002; 75009; 75013; 75023; 75024; 75025; 75026; 75034; 75035;

75048; 75069; 75070; 75074; 75075; 75078; 75080; 75086; 75093; 75094; 75098;75173; 75189; 75252; 75287; 75407; 75409; 75424; 75442; 75454

c. Cooke County -76238; 76240; 76241; 76250; 76252; 76258; 76263; 76272d. Dallas County. 75001; 75006; 75007; 75008; 75010; 75011; 75014; 75015; 75016;

75017; 75019; 75030; 75037; 75038; 75039; 75040;75041; 75042; 75043; 75044;75045; 75046; 75047; 75048; 75049; 75050; 75051; 75052; 75053; 75054; 75060;75061; 75062; 75063; 75080; 75081; 75082; 75083;75085; 75088; 75089; 75099;75104; 75115; 75116; 75123; 75134; 75137; 75138;75141; 75146; 75149; 75150;75154; 75159; 75172; 75180; 75181; 75182; 75201; 75202; 75203; 75204; 75205;75206; 75207; 75208; 75209; 75210; 75211; 75212; 75214; 75215; 75216; 75217;75218; 75219; 75220; 75221; 75222; 75223; 75224; 75225; 75226; 75227; 75228;75229; 75230; 75231; 75232; 75233; 75234; 75235; 75236; 75237; 75238; 75239;75240; 75241; 75242; 75243; 75244; 75245; 75246; 75247; 75248; 75249; 75250;75251; 75252; 75253; 75258; 75260; 75261; 75262; 75263; 75264; 75265; 75266;75267; 75270; 75275; 75277; 75283: 75284; 75285; 75286; 75287; 75294; 75295;75301; 75303; 75310; 75312; 75313; 75315; 75320; 75323; 75326; 75336; 75339;75342; 75346; 75353; 75354; 75355; 75356; 75357; 75359; 75360; 75363; 75364;75367;75368;75370; 75371; 75372: 75373: 75374; 75376; 75378; 75379; 75380;75381;75382;75386; 75387; 75388; 75389: 75390; 75391; 75392; 75393: 75394;75395; 75396;75397; 75398; 76018

e. Delta County - 75415; 75432; 75441; 75448; 75450; 75469f. Denton County -75007; 75008; 75009; 75010; 75022; 75027; 75028; 75029; 75034;

75056; 75057; 75065; 75067; 75068; 75077; 75287; 76177; 75201; 76202; 76203;76204; 76205; 76206; 76207; 76208: 76226; 76227; 76234; 76247; 76249; 76258:76259; 76262; 76266; 76272

g. EllisCounty-75119; 75120; 75125; 75152; 75154; 75165; 75167; 75168; 76041;76064; 76065; 76084; 76651; 76670

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h. Erath County -76401; 76402: 76433: 76446: 76457: 76461; 764621. Franklin County - 75457: 75480J. Grayson County 75020; 75021; 75058: 75076: 75090; 75091; 75092: 75414: 75459:

75491; 75495; 76233; 76245: 76258: 76264: 76271: 76273k. Hood County - 76035; 76048; 76049: 76462: 764761. Hopkins County -75420: 75431: 75433: 75437; 75471: 75478: 75481: 75482: 75483m. Hunt County - 75135; 75401: 75402; 75403: 75404; 75422: 75423; 75428; 75429:

75453: 75474; 75496n. Johnson County - 76009; 76028; 76031: 76033: 76036; 76044: 76050: 76058; 76059:

76084: 76093; 76097o. KaufmanCounty-75114; 75126; 75142: 75143; 75147; 75158; 75160; 75161p. Parker County - 76008; 76020; 76066; 76067: 76071; 76082; 76086; 76087: 76088:

76487; 76490q. Rains County - 75410; 75440; 75472r. Rockwall County - 75032: 75187: 75189s. Somervell County - 76043; 76070: 76077t. Tarrant County -76001: 76002; 76003; 76004; 76005; 76006; 76007; 76010; 76011;

76012: 76013; 76014: 76015; 76016; 76017; 76018; 76019; 76021; 76022; 76034;76036; 76039; 76040; 76051; 76052; 76053; 76054; 76060; 76063; 76092; 76094;76095; 76096; 76099; 76101; 76102; 76103; 76104; 76105; 76106; 76107; 76108;76109; 76110; 76111; 76112; 76113; 76114; 76115; 76116; 76117; 76118; 76119;76120; 76121; 76122; 76123; 76124; 76126; 76127; 76129; 76130; 76131; 76132;76133; 76134; 76135; 76136; 76137: 76140; 76147; 76148; 76150; 76155; 76161;76162; 76163; 76164; 76177; 76178; 76179; 76180; 76181; 76182;76185; 76191;76192; 76193; 76195; 76196; 76197; 76198; 76199; 76244; 76248; 76681

u. Titus County - 75455; 75456: 75487; 75493; 75558; 75686v. Wise County - 76023; 76071; 76073; 76078; 76225; 76234; 76270; 76426; 76431;

76487w. Wood County -75410; 75480; 75494; 75497; 75765; 75773; 75783

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EXHIBIT 4

SERVICE FEES

1. Definitions.

1.1 General Definitions. The definitions and detined terms in this Agreement shallhave the same meaning in this EXHIBIT 4.

1.2 PEPM. "PEPM" means "Per Employee Per Month" and "Employee" shall meanan Eligible Person who is an employee, insured or beneficiary of a Plan.Dependents of an Employee shall not be deemed to be an Employee.

1.3 Gross Receipts. "Gross Receipts" means the compensation collected by BeechStreet from Payor pursuant to this Agreement.

1.4 Savings. "Savings" means the difference between the charges of the ParticipatingProvider, as set forth on a claim, and the amount adjudicated as due to theParticipating Prpvider by Beech Street, as a repricing agent, or by Payor pursuantto such claim. The determination of Savings shall be based upon the repricing by.Beech Street or Payor and shall not be adjusted.

1.5 Percent of Savings. "Percent of Savings" means the percentage of the totalSavings which shall be paid to Beech Street as Service Fees.

2. Network Service Fees. Payor shall pay Service Fees to Beech Street for access to theBeech Street Network ("Network Service Fees") based upon the following calculation:

Pr0i:ram

Beech Street Health Network• Hospital and Ancillary PPO

• Physician PPO

Beech Street Travel Network

Beech Street Automobile Network

Beech Street Workers' Compensation Network

23PEBC Dallas County PayorOctober I. 2002 (N) # 22697

PEPM Percent of SavinKs

2002 - 25%2003 thru 2005 - 20%

2002 - 25%2003 thru 2005-20%

151

3. Repricing Service Fees. Payor shall pay Service Fees to Beech Street for the repricingservices set forth in EXHIBIT 6.8 ("Repricing Service Fees") based upon the followingcalculation:

Pro~ram PEPM Percent of Repricin~

Savin~s Set Up Fees

Outsourced Repricing N/A N/A N/A

Web Repricing N/A N/A Waived'Covers all three divisions

Beech Street Repricing N/A N/A N/A

(TPA or Payor Sorts)

Beech Street Repricing N/A N/A N/A

(Beech Street Sorts)

Rate Load Repricing N/A N/A N/A

(Providers Only)

Existing Clients

New Clients

EDI Repricing N/A N/A N/A

Providers Only

Facilities & Providers

Real Time EDI Repricing N/A N/A N/A

Providers Only

Facilities & Providers

24PEBC Dallas County PayorOctober I. 2002 (N) # 22697

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4. Utilization Management Fees. Payor shall pay Service Fees to Beech Street forutilization management services ("Utilization Management Service Fees") based upon thefollowing calculation:

Pro~ram PEPM

Standard Utilization Management Program which includes:

• Preadmission Review

• Concurrent Stay Review and Discharge Planning

• Discretionary Second Surgical Opinion

Optional Utilization Management Services:

• Review of Outpatient Surgeries

• Review of Outpatient Diagnostic Procedures

• Specified List for Second Surgical Opinions

• Enhanced Outpatient Behavioral Health

• Outsourced Utilization Management( 10,000 PEPM Minimum)

- with case management

- without case management

• Outpatient Treatment Review

Utilization Management "Lite"

• Standard Utilization Management "Lite" Program

With Auto Approval to open Case Management

Without Auto Approval to open Case Management

• Notification Only with Case Management

With Auto Approval to open Case Management

Without Auto Approval to open Case Management

• Case Management Services

Stage I - Screening Only

Stage II - Assessment

Stage III - Implementation

25PEBC Dallas County PayorOctober I. 2002 (N) # 22697

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

153

Case Management Services

• Medical Case Management

- Stage I - Screening Only

- Stage II - Assessment

- Stage III - Implementation

• Fee Negotiation

• Maternity Options Management (M.O.M.)

N/A

N/A

N/A

5. Minimum Service Fees. Commencing Januarv 1, 2003 the minimum Service Fees dueeach month shall be Waived. The minimum annual revenue will be applicable to the totalrevenue of all divisions.

6. Set Up Fees. In addition to the Service Fees, Payor shall pay Beech Street set-up fees asfollows:

Set Up Waived.

7. Payment for Directories. In addition to the Service Fees, Payor shall pay Beech Street forDirectories an amount equal to the cost of the directories as set forth on Attachment A to thisEXHIBIT 4. Attachment A to this EXHIBIT 4 may be amended by Beech Street upon notice toPayor.

26PEBC Dallas County PayorOctober I. 2002 (N) # 22697

DIRECTORIES

Hardcopy DirectoriesElectronic Directories

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ATTACHMENT A

PAYMENT FOR DIRECTORlES

COST A1~D SHIPPING AND HANDLING

Actual Cost Plus Shipping and HandlingNo Cost

27

1.

.,

.).

4.

5.

155

EXHIBIT 6.8

REPRICING

Outsourced Repricing. Outsourced Repricing provides Beech Street clients with anon-line interface to the Beech Street Repricing System. Clients have access to theBeech Street Repricing System and maintain control of their own repricing function.Beech Street provides system training, software updates, and ongoing operationalassistance. In addition to applicable set up and maintenance costs as described inExhibit 4. the client is responsible for applicable hardware, software and connectivitycosts.

Web Repricing. Web Repricing provides Beech Street clients with an Internet accessto the Beech Street Repricing System. Clients have access to the Beech StreetRepricing System and maintain control of their own repricing function. Beech Streetprovides system training and ongoing operational assistance. In addition toapplicable set up and maintenance costs as described in EXHIBIT 4, the client isresponsible for applicable hardware. software and connectivity costs.

Beech Street Repricing. (Lessee or Payor Sorts). Beech Street Repricing providesBeech Street clients with the necessary information to properly adjudicate claims andenforce contract compliance by Participating Providers. Clients control the claimsprocess by receiving the claims into batches, and forwarding the claims to BeechStreet for repricing. Beech Street returns the repriced claims to the client foradjudication. The client is responsible for mailing charges that are shipped in anymethod other than US Mail.

Beech Street Repricing. (Beech Street Sorts). Beech Street Repricing provides BeechStreet clients with the necessary information to properly adjudicate claims andenforce contract compliance by Participating Providers. Beech Street streamlines therepricing process by receiving claims directly from the providers. Beech Streetreprices the claims and returns the repriced claims to the client for adjudication. Theclient is responsible for mailing charges that are shipped in any method other than USMaiL

Rate Load Repricing. Rate Load Repricing proyides Beech Street clients with thedata needed to integrate the repricing function into the existing claims system of theclient, Beech Street supplies the files, which include information required to identifyParticipating Providers and to calculate the appropriate repricing amount. The clientloads such information in a timely manner including all monthly updates and providesmonthly files of repriced claims back to Beech Street in the standard Beech Streetformat.

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6. ED! Repricing. Electronic Data Exchange (EDI) repncmg provides Beech Streetclients with the ability to reprice claims via an electronic transfer of claimsinfonnation. By using this option. the client electronically transmits batches of claimsto Beech Street. Beech Street reprices the claims and returns an electronic batch backto the client for final adjudication.

7. Real Time Repricing. Real Time Electronic Data Exchange (EDI) provides BeechStreet clients with the ability to reprice claims via an electronic transfer of individualclaims. By using this option. the client transmits individual claims to Beech Street atthe point of adjudication. Beech Street reprices the claim and returns it electronicallyto the examiner to finish the adjudication of the specific claim.

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DALLAS COUNTYOFFICE OF BUDGET AND EVALVAnON

October 9, 2002

To:

Through:

From:

Subject:

Commissioners Court

Ryan Brow(UBudget Officer

Ronica L. WatkinsBudget and Policy Analyst

Rationale for Briefing and Court Order on Same Day-. ,.-- ....::::

.r::- _-

It is requested that the attached request be considered on both the formal and briefmg:: ~ ~

agenda for Tuesday, October 15,2002. The start date of the project is October 1, 2002. w:::-J--t

Therefore, the acceptance of award should be sent to the Violence Against Women Office(VAWO) of the Office of Justice Programs (OJP), United States Department of Justice(DOJ), as soon as possible.

411 Elm Street, 3rd Floor, Dallas, Texas 75202(214) 653-6363· Fax (214) 653-6517· rlwatkins@dallascounty.org

158DALLi\S COUNTYOFFICE OF BUDGET AND EVALUATION

October 9, 2002

To:

Through:

From:

Subject:

Commissioners Court

Rvan Browfi)Budget Ott+~e;

Ronica L. WatkinsBudget & Policy Analyst

Dallas County Safe Havens: Supervised Visitation and Safe ExchangeGrant Program Collaborative(COURT ORDER ON FOR"lAL AGENDA)

BackgroundOn April 17, 2002, the Commissioners Court was briefed on the availability of funds for the SafeHavens: Supervised Visitation and Safe Exchange Grant Program funded through the ViolenceAgainst Women Office (VAWO) of the Office of the Justice Programs (OJP), United StatesDepartment of Justice (001). The complete grant application was due April 24, 2002. TheDallas County Commissioners Court approved the submission of the grant application by CourtOrder, 2002-753. The grant application was submitted electronically and received within thespecified time.

On October 2, 2002 Dallas County received notification of award for funding under the SafeHavens: Supervised Visitation and Safe Exchange Grant Program. The purpose of this brretingis to make a recommendation on the acceptance of the award.

Operational ImpactFunding of this project would create Faith and Liberty's Place, a supervised visitation center(Program), housed at the Dallas Child and Family Guidance Center and overseen by The FamilyPlace. The target population of the Program would be children in Dallas County involved incases in the Dallas County Family Courts with court-ordered supervised visitation for victims offamily violence. Services will be provided in Spanish and English to better serve the burgeoningLatino population of Dallas County.

Referrals will come directly from the Dallas Family Courts, primarily from child custody case inwhich one parent has a history of abusive behaviors toward the other parent and/or child.Additionally because the success of the family is highly dependent upon intervention, otherservices will be made available through referrals. Fees for supervised visitation will be based on

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6363 • Fax (214) 653-6517. r1watkins@dallascounty.org

159,he non-custodlal parent's abtllty to pay. there tore no one \\ dl be prevented tram :e.-::::\ <T

serVices because of their income. This policy wIll ensure that tradItionally underservedcommUnities will have full access to services. Location is on a bus-line, and is centrally locatedin Dallas County so transportation will not be a barrier. It is estimated that the Faith andLiberty's Place Program will serve 120 families.

Each participating agency will be contributing its services to the center to avoid duplication ofservices. If the agency does not provide the service on site. it will serve as a referral source forthe family service plan. Additional, community support for the Program includes: the FamilyViolence Prevention Council (a collaborative organization made up of civic and instItutionalleaders and service providers committed to addressing child abuse, partner abuse and elderabuse); and the Women's Council of Dallas an organization that seeks to improve ourcommunity by identifying critical issues educating the community, advocating change andpromoting action.

Financial ImpactThe award period for the grant is 24 months. The amount of the award is for 5342,972. Theproject period is from October 1,2002 - September 30,2004. Match is not required for thisgrant program; however applicants were encouraged to maximize the impact of federal grantdollars by contributing to the costs of their projects. Indirect Cost recovery is allowable. Thetotal indirect cost recovery for this project is $42,567. Dallas County applied for only half(14.17%) of the County's approved indirect cost rate of 28.34% to the project budget, which isreferenced in the attached budget as Dallas County Fee.

The Family Place projects annual expenditures to run the Faith and Liberty's Place for atwo-year period to be approximately 5890,248. Assuming 5342,972 grant funding and programrevenue of$213,700. there will be a shortfall of5333.576. The Family Place is confident thatthe additional private and/or grant funding for this project will be secured to completely fund theFaith and Liberty's Place. To demonstrate their commitment to the new program, as of October1, 2002, The Family Place began providing supervision services in the old Family Connectionlocation. Once the Commissioners Court accept the award, The Family Place will begin theprocess of hiring a director and starting the process of moving into Child and Family Guidance.The Family Place will continue fundraising efforts that were started the Spring of 2002. It istheir plan that they will receive seed money from foundations.

Performance MeasuresThere are two statutory requirements that require grantees to collect and maintain data thatmeasure the effectiveness of the funded project. The first is the Government Performance andResults Act of 1993 (GPRA), which outlines three questions the grant recipients should be ableto answer: What is your program trying to achieve? How will its effectiveness be determined?·How is it actually doing? The second statutory requirement is an Effectiveness Measure.Essentially, OJP is requiring data from grant recipients that includes baseline information toillustrate the effectiveness before and after implementation of any grant-supported activities.including increased access to victim services as a result of this project.

160The Faith and Liberty's Place will use the three suggested questions as a basis for detallln\2 themeasures of success, A brief questionnaire comprised of items from the Joyce Youth Fou;datlonSurvey (JYFS), the Pediatric Emergency Distress Scale (PEDS), and the number of communItyresources accessed (CRA) will be administered at intake to all custodial parents, This data wlliserve as a baseline. The questionnaire will then be administered every six months as a follo\\-up.

The specific objectives and corresponding measurement items are:• Custodial parents will report a decrease in a sense of danger (JYFS) after at least six months.• Custodial parents and their children will report a decrease in trauma-related stress (PEDS)

after at least six months.• Custodial and Non-Custodial parents will report an increase in the number of community

resources accessed (CRA) after at least six months.

Data on the above objectives will be collected and analyzed monthly (both intake and follow­up). Each quarter, a report will be provided to the program Director for review. Included in thisreport will be an interpretation of the findings with a brief discussion of possible programmaticimprovements. To fulfill the second statutory requirement (Effectiveness Measure), we willcollect the following data prior to initiation of the project, and every six months after that:

• The number of individuals served or denied by visitation programs• The number of under-served individuals receiving services through visitation programs• The number of under-served individuals denied service by visitation programs• Reasons for referral to supervised visitation programs• The number of parental abductions in jurisdictions served by visitation programs• The number of security problems that occur during supervised visitations and safe exchanges• The number of cases referred to supervised visitation programs by civil, criminal or family

courts.

Le2al ImpactBy statue grants under the Supervised Visitation Program may be awarded to units of localgovernments that propose to enter into or expand the scope of existing contracts and cooperativeagreements with public or private entities to provide supervised visitation and safe visitationexchange of children by and between parents in situations involving domestic violence, child abuse.sexual assault or stalking. One of the requirements of the grant application was that a Memorandumof Understanding (MOU) be developed and signed by all collaborating agencies. The MOU mustdemonstrate a commitment on the part of all collaborating agencies to work together. The DallasCounty District Attorney's Office assisted in developing a (MOD) between Dallas County and thecollaborating agencies. Dallas County will act as the fiscal agent for the grant project and ensurecompliance with the reporting requirements of the Violence Against Women Office. The FamilyPlace will act as lead agency of the collaborating agencies. Dallas County staff will coordinatewith The Family Place. An executed copy of the MOU is attached. The MOU outlines eachagencies responsibilities and contribution to the project, either through time, in-kindcontributions, office space, project staff, and/or training.

161RecommendationThe Office of Budget & Evaluation recommends that Commissioners Court approve acceptanceof the Safe Havens: Supervised Visitation and Safe Exchange Grant Program grant award for5342,972 and authorizes the Judge to sign the grant acceptance. Acceptance of this grant awarddoes not bind Dallas County to fund any cash match or portion of the shortfall in the amount ofapproximately $336,576 to fully fund the Faith and Liberty's Place for a two-year period.

Attachment: Grant Acceptance Notification

162

U.S. Department of Justice

Office of Justice Programs

Office of Comptroller

Wa.hington. D.C. 20531

Lee F'. Jackson

C=wnty .Judge

133 North Induscl.l BoulevardJ.11 ••• r.f 15201

R~fer~nce Grant Number: 20a2~CW-BX~0008

Jear Judge Jackson:

I ~m pleased to Inform you :hac my office ha. approved the following budget categorie. for the~fcremenCloned grane award In the C06e caee90ri •• identified below:

~3tegory

?EiiSONNEL

,lUNGE BENEFITS

TRAVEL

E:QUIPlfENT

SUPPLIES

CONSTRUCTION

CONTRACTUAL

OTlfER

TOTAL DIRECT COST

INDIRECT COST

TOTAL PROJECT COST

BUOOET

so

so

S10.000

sO

$0

SO

S180.405

'SO

S300.405

$41.567

S341,91'

$0

If you have que.eion. r&gardiog ehi. award. plea.e cont.ce:

progr.. oue-ei0D8. Michelle •• Dodge, progr•• Manager at (202) 353-1345; and

FiD&DCi.l ~i0D8. the Office of ehe Coeptroller. Cu.tomer Service Cent.rlCSCI at (SOO) 451­

0786. or you _y cClllCal:t the esc: .C ••koceojp ....doj .goy.

Congr.e..l.tion., and we look forward eo working with yo...

Sincerely,

CynthiA J. Schwimer

Comptroller

.-'.ppi,c~nt's S~me: D~il~s CountyG~!S Appilotlon ~:OO2·Xi787-TX-CW

163G~nt Prognm Safe Have::s: Supervlsed V1S,:.1t:cn ;l:-:d

S~fe E.~change Grant Program

MEMORAL'fDUM OF UNDERSTANDING

The County of Dallas is the lead applicant for Safe Havens: Supervised Visitation andSafe Exchange Grant Program and supports The Family Place (TFP), a local domesticviolence agency, in directing the Supervised Visitation Center. The County of Dallasenters into a Memorandum of Understanding (MOD) with the following collaborativeagencies: Child and Family Guidance Center; Child Abuse Prevention Center; DallasChildren's Advocacy Center; The Family Place; Genesis Women's Shelter; NewBeginning Center; Salesmanship Club Youth and Family Centers; Victim's Outreach;and the Dallas Family Courts. The Family Place will act as the lead agency for thiscollaborative.

1. History of Relationship

As we have seen so vividly in our community, Dallas County children have sufferedthrough the pain of contentious custody battles, the danger of unsupervised visitation andthe loss of lives. The 77th Legislature enacted an amendment to the Family Code Section153.004 effective September 1,2001, which states that it is not in the best interest ofachild for a parent to have unsupervised visitation with the child if credible evidence ispresented of a history or pattern of past or present of child neglect or physical or sexualabuse by that parent directed against the other parent, a spouse, or a child.

Funding of this project would create Faith and Liberty's Place, a supervised visitationcenter (Program), housed at the Dallas Child and Family Guidance Center and overseenby The Family Place. The target population of the Program would be children in DallasCounty involved in cases in the Dallas County Family Courts with court-orderedsupervised visitation for victims of family violence. Services will be provided in Spanishand English to better serve the burgeoning Latino population of Dallas County.

Representatives of the domestic violence advocacy community began meeting withDallas County Family Court judges to discuss the urgent need for supervised visitationservices to protect Dallas County's children. According to Dallas County Family Courts,there are at least 22,000 new divorce cases in Dallas every year. Of those, an estimated1,300 cases per year involve families with either spousal or child abuse or both.

This set of facts puts the children of Dallas County in a precarious situation since thereare not adequate resources for supervised visitation at this time. Currently there are threesmall programs, one located in Irving and one located in Dallas and one located in GrandPrairie.

Each participating agency will be contributing its services to the center to avoiddup lication of services. If the agency does not provide the service on site, it will serve asa referral source for the family service plan. Additional, community support for theProgram includes: the Family Violence Prevention Council (a collaborative orgilllizationmade up of civic and institutional leaders and service providers committed to addressingchild abuse, partner abuse and elder abuse); and the Women's Council of Dallas an

23

.1.iJpJicJ.nt's Sarr:e: Dai1as CountyG\tS Appllcatlon ;/2002·X Ii87.TX-eW

164Gr.In! Program Saie Havens: Super.lsed 'i,Slta::on ,r,d

Saie Exchange Grant Program

organization that seeks to improve our community by identifying critical issues educatingthe community, advocating change and promoting action.

2. Development of Application

The directors of the collaborating agencies have been meeting since September 2001 todiscuss strategies to protect domestic violence victims and their children. Variouselements of the program delivery and roles of each partner have been developed throughthis strategic planning process. TFP director met with County officials when the SafeHavens: Supervised Visitation and Safe Exchange grant program became available. Theopportunity for this significant federal funding energized the planning process. Thedirectors discussed the application process and expectations of each collaborative partner.The draft of the grant was written by Dallas County staff and presented to collaborativepartners by TFP, to the Dallas County Family Court sys: :m for signature and finally tothe Dallas County Commissioners for approval. A final meeting between ExecutiveDirectors of collaborative partners, County representatives and Dallas County FamilyCourt Judges has led to the agreement reflected in this MOU and the submission of thegrant agreement.

3. Roles and Responsibilities

Dallas CountyDallas County will act as the fiscal agent for the grant project and ensure compliancewith the reporting requirements of the Violence against Women Office. Also, DallasCounty will be reimbursed as outlined in the budget attached hereto as Exhibit A andincorporated herein for all purposes. As outlined in Exhibit A, Dallas County will applyonly half (14.17%) of the County's approved Indirect Cost Rate of28.34% to theproject's budget.

A representative from the Dallas County Commissioners Court will serve on the advisorycouncil.

Dallas County will designate a staffperson to serve as a liaison between Dallas Countyand the Family Place to ensure ongoing coordination of services and reimbursement ofpayments to vendors.

Dallas County recognizes that funding for the Program is for 24 months and funding hasnot been authorized beyond FY2002. Therefore, continued support and maintenance ofthe Program after the 24 months of federal support is contingent on funding beingavailable in the absence ofboth Dallas County and Federal financial support.

Additional provisions of this MOU between Dallas County and the CollaboratingAgencies include the following:

This MOU is expressly made subject to County's Sovereign Immunity, Title 5 of theTexas Civil Remedies Code, and all applicable State ofTexas and Federal Laws. This

24

'>.pp!lcant's :-.'ame. Dai:as CountyG \IS Appllcatlon;:;OO2-X 1787-TX-eW

165Gr.lnt PiOgr:lm Sate H:lve:1s: Super;,sed VlSlt.:ltlcn J.r,d

Safe Exchange Grant Pro~m

MOD and all matters pertinent thereto shall be construed and enforced in accordancewith the laws of the State of Texas and venue shall lie exclusively in Dallas County,Texas.

This MOD may not be amended except in a written instrument specifically referring tothis MOD and signed by the parties hereto.

Indemnity: The Collaborating Agencies assure that they are independent contractors andnot agents, servants, or employees of Dallas County. Collaborating Agencies agree thatthey will protect, defend, indemnify, and save whole harmless Dallas County and all ofits officers, agents, and employees from and against all claims, demands, causes of actiondamages, judgements, losses and expenses, including attorneys' fees, of whatsoevernature, character, or description that any person or entity has or may have arising from oron account of any injuries or damages (including but not restricted to death) received orsustained by person, persons, or property, on account of, or arising out of, or inconnection with the performance of this MOD, including without limiting the generalityof the foregoing, any negligent act or omission of the Collaborating Agencies or anyagents, servants, employees, or subcontractors of the Collaborating Agencies in theexecution or performance of this MOD. This paragraph shall survive the termination ofthe MOD.

The Family Place (TFP)

TFP will act as implementation partner for Supervised Visitation Center.

TFP Executive Director will oversee the Supervised Visitation Center.

TFP will hire all staff and security providing supervised visitation services at theSupervised Visitation Center.

TFP will provide all administrative support for the Supervised Visitation Center.

TFP will submit financial documentation to Dallas County for reimbursement forSupervised Visitation Center.

TFP will reimburse Child and Family Guidance for services provided to SupervisedVisitation Center as outlined in MOO.

TFP will develop and direct the program of supervised visitation with the help ofcollaborative partners.

TFP will provide program evaluation and outcome reporting for Supervised VisitationCenter.

TFP will provide batterer's intervention counseling for offenders on a referral basis.

25

:\~pJlCJn(s ~·arr:e: Dail:s CountyG\lS ."'-ppl1catlon :;lOO2·X1787·TX-ew

166Gr.lnt Program Safe Havens: Superilsed \':sl::lLOn ::-,,j

Safe Exchange Grant Program

TFP will provide free onsite domestic violence group counseling.

TFP will provide staff for the women's resource room on a rotating basis with otherdomestic violence programs.

TFP will provide training to family members appointed to act as supervisors by theDallas Family Courts.

TFP will provide training to courts regarding domesticz violence issues and supervisedvisitation.

TFP will provide all core domestic violence shelter and counseling services free ofcharge to victims of domestic violence on a referral basis.

Clzild and Family Guidance Center (CFGC)CFGC will provide secure facilities for program service to include three dedicated privateoffices; scheduled usage of large meeting rooms, play therapy & observation rooms,Family Resource Room; fulltime access to waiting room, playground and picnic areas;and parking lots per negotiated cost reimbursement basis.

CFGC will provide facility security system with key card access, panic button with directaccess to 911 and mobile panic button devices worn by therapists to alert onsite securityguard to immediate need on a cost reimbursement basis.

CFGC will provide access to CFGC automated attendant telephone and voice mailsystem, and access to CFGC computer network providing e-mail and Internet on a costreimbursement basis for service support required by TFP. There will be no additionalcharge for accessing the service. TFP program must provide computer hardware &software for individual computers.

CFGC receptionist will greet TFP clients; notify program staff or volunteers of theirarrival, transfer calls to program staff during regularly scheduled receptionist hours.Regular hours are Monday - Thursday 8:30-7:30 p.m., and Friday 8:30-5:00 p.m., pernegotiated cost allocation percentage.

CFGC will act as collaborative partner in program develop.ment and serve as an advisorycouncil member.

CFGC will provide children's therapeutic group activities when parents are in domesticviolence groups, parenting groups or other programming not related to supervisedvisitation.

CFGC will proVide onsite parenting classes on a referral basis.

CFGC will provide onsite divorce education classes on a referral basis.

26

.... pplic~nt·s ','~me: Dal1as CountyGMS Applicatlonil2002-XI787·TX-eW

167Grant Program S~fe Havens: Supervlsed ViSl:.:ltlOn JnO

Safe Exchange Grant Program

CFGC will provide access to CFGC Grandparents as Parents Support group on a referralbasis.

CFGC will provide onsite individual counseling or play therapy for children or otherfamily members who have been sexually or physically abused on a referral basis.

CFGC will provide onsite individual and/or family counseling to parent(s) and child(ren)on a referral basis.

CFGC will provide psychological evaluation and assessment services for parents andchildren on a referral basis.

CFGC will provide psychiatric evaluation and medication management services on areferral basis for clients receiving CFGC therapeutic services.

Child Abuse Prevention Center (CAPC)CAPC will provide off-site parenting classes.

CAPC will provide off-site divorce classes.

CAPC will act as collaborative partner in program development and serve as advisorycouncil member.

CAPC will provide training to courts regarding divorce and parenting issues related tosupervised visitation.

Dallas Children's Advocacy Center (DCA C)DCAC will provide off-site individual counseling or play therapy for children who havebeen sexually or physically abused.

DCAC will act as collaborative partner in program development and serve as advisorycouncil member.

DCAC will provide training to collaborative agencies staff regarding child abuse issues.

DCAC will provide training to TFP staff regarding recognizing signs of child abuse.

Genesis Women's Shelter (GWS)GWS will provide free onsite domestic violence group counseling in concert with otherDVagencies.

GWS will act as collaborative partner in program development and serve as advisorycouncil member.

GWS will provide training to courts regarding domestic violence issues and supervisedvisitation.

27

Appi:C:l;"";['S ,'iar;;e: DaJ:.1s County

G\lS AppiiCatlOn ~2002·X1787·TX·CW

168Gr.lnt Program, Safe Havens: Sup,,:; :sed V:sit;:t:on and

Safe Exchange Grant Program

GWS will provide all core domestic violence shelter and counseling services free ofcharge to victims of domestic violence on a referral basis.

Salesmanship Club Youth and Family Centers (SCYFC)SCYFC will provide family counseling to non-offending parent and child on a referralbasis.

SCYFC will act as collaborative partner in program development and serve as advisorycouncil member.

Dallas Family Courts (DFC)DFC will submit referrals and relevant case information to TFP.

DFC will provide training to collaborative partners on legal system and its role inworking with victims of domestic violence and child abuse as it relates to divorce andcustody issues.

DFC will act as a collaborative partner in program development and serve as an advisorycouncil member.

New Beginning Center (NBC)

NBC will provide training to allied professionals, law enforcement and justice personnelregarding domestic violence and related issues.

NBC will provide onsite domestic violence counseling in concert with other DVagencies.

NBC will provide BIPP services to offenders on a referral basis.

NBC will provide staff for the women's resource room on a rotating basis with otherdomestic violence programs.

NBC will provide all core domestic violence shelter and counseling services free ofcharge to victims ofdomestic violence on a referral basis.

NBC will act as a collaborative partner and serve on the advisory council.

Victims Outreach (VO)

VO will provide free off-site individual counseling for victims of crime or violence.Victims of crime or violence include those who have witnessed violence, have beenphysically or sexually assaulted regardless of whether the violence has been reported tolaw enforcement. VO will not provide services to parties who have a history of violenceor criminal convictions.

28

.-'.epiJcant'5 :-':ame: Dallas CountyG:>IS Aephcauon ~2002·X1787·TX-eW

169Gr:lnt Program Safe Ha"'ens: Superv'lsed V:sii.:uon ;lnd

Safe Exchange Grant Progr.lm

VO will provide free off-site individual counseling or play therapy to children ages 2 andolder who are victims of crime or violence.

VO will provide free off-site group counseling to victims of crime or violence.

VO will act as a collaborative partner in program development and serve as an advisorycouncil member.

VO will provide training to collaborative partners regarding Crime VictimsCompensation.

4. Time Line

The roles and responsibilities described above are contingent on TFP receiving the fundsrequested for this project in the VAWO grant application. We agree on the budget aspresented.

29

-\~pllc~nt'S ~ame Dallas CJuntyGMS AppiJcatlon =2002·X 1-87.TX-CW

170Grant Pcogram Safe Havens: Super. lsed \!slt~l:on ~"C

Safe Exchange Grant Pcogc~m

-

EXECUTED this the __2_3_rd day 0 f _--.:.A.:.:;.p.:.:ri::l:...- , 2002,

Si~e:v

LeeF~' Dallas County

alesmanship Club Youth and Family Center

st e Hinkamp, Executive irect r, Victim's Outreach

'1I~·~.~, l2L?Child & Family Guidance

Center

Director,'Child Abuse Prevention Center

Director, The Family Place

Il-W\JUdg~rances Harris County Court 302, Presiding Judge Dallas

County 2amily Courts Dallas County

30

171DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

October 9, 2002

Ms. Michelle Dodge, Program ManagerU.S. Department of JusticeOffice of Justice ProgramsViolence Against Women Office810 Seventh Street, NW - 5th FloorWashington, DC 20531

Re: Change of County Official

Dear Ms. Dodge,

This is to inform you that on August 27, 2002, the Honorable Margaret Keliher was appointedDallas County Judge. Judge Keliher is replacing Lee F. Jackson. Mr. Jackson resigned tobecome Chancellor of the University ofNorth Texas. This change effects grant 2002-CW-BX­0008. Please contact Ronica Watkins of my staff at 214-653-6363, ifyou have questions.

Sincerely,

1<,,- b('ot.c.)'\Ryan BrownDallas County Budget Officer

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6363. Fax (214) 653-6517. rlwatkins@dallascounty.org

172

US. OEPART~ENTOF ruST1CE

OFFICE OF rusncE PROGRAMS

Violence AgainstWomen Office

PAGE I OF 4Grant

4. AWARD Nl\IBER: 2002·CW·BX-0008RECIPIENT SAME AND ....OORESS (Including lip Co<Ie)

Dal las Countyl33 North lndusual BoulevardD.II... TX '5207

S PROJECT PERJOD: FRO~ 1Q,O I. 2002 TO 09/3012004

BUDGET PERJOD: FROM 10101:2002 TO 09/3012004

6. AWARD DATE 09,1012002--- ------------,

7. ACTION

·.A GRANTEE IRSiVENDOR NO.

756000905

8. SUPPLEMENT 1'il~BER Inllial

9 PREVIOUS AWARD AMOUNT soPROJECT TrTLE 10 AMOUNT OF THIS .... WARD S 342.972Sdie H,ncns )upc-r'Vlscd VisItation and Safe Exchange Grant Program

II TOTAL AW.\RD S 342.972

_ SPECI.\l CONDITIOf';S

THE .\80VE GRANT PROJECT IS APPROVED SlBJECT TO SUCH CONDITIONS OR L1\IITA TIONS AS ARE SET FORTH,)1'0 THE A ITACHED 2 PAGElS).

13 STATUTOR Y AUTHORiTY FOR GRANT

thIS prOject IS supponeO under 42 USC 10420

I.- --------1

II

15 METHOD OF PA YMENT

PAPRS

Jiiiiiiiiiiiiiiiiiiiiiiiii~G~RA~NTE~_~E~A~C§.C§..E~PT!'N.C~E~j.iiiiiiiiiiiiiiii ••18. TYl'ED NA~E AND TITLE OF ALTHORIZED GRANTEE OFf'lCIAL

~'tSf1.~f<eliberCounty Judge

z\m l

I::D'

m

'~"""""""""..... . :.· .· ., .· .· .· .

I •••••••••· .· .· .· .

· . " " " . " . " .· " .. ", " .· .· .

-_.-----,19A. DATE I19. SIGNATURE OF AUTHORJZED RECIPIENT OFFlCIAL

AGENCY APPROVAL

Debor2h J. Daniel.

......tan, Anomey General

17 SIGNATURE OF APPROVING OlP OFFlCIAL

16 TYPED NAME AND TITLE OF APPROVING OJP OFFlCIAL

20. ACCOUNTINO CLASSIFICATION CODES

FISCAL FUND BUD. DIV.YEAR CODE ACT. OFC. IU!G. SUB. POMS AMOUNT

x B cw 29 00 00 342972

OJP FORM 4000,2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000:2 rREV. 4-88)

173

u.s. DEPARTMENT OF ruSTICE

OFFICE OF ruSTICE PROGRAMS

Violence AgainstWomen Office

PAGE I OF 4Grant

1010112002 TO 091300004

i 4. AWARDNUMBEll 2002-CW-BX-0001I

I. RECIPIENT NAME AND ADDRESS (lncludinl Zip Code)

Dallas County133 North IndustiaJ Boulevan:!DaUas. TX 75207

i5. PROJECT PERlOD: FROMI

BUDGET PERlOD: FROM

10i0Ifl002 TO 09/300004

so

Initial

9. PREVlOUS AWARD AMOUNT

1A. GRANTEE IRSiVENDGR NO.

756000905

i 6. AWARD DATE 091100002 117. ACTION----------------------+1--------------1

. 8. SUPPLEMENT NUMBER ii 1,1

i,

3. PROJECT TITLE

Safe Havens: Supervised Visitalian and Safe Exchange Gnnt Proaram! 10. AMOUNT OF THIS AWARD

!

ill. TOTAL AWARD

S 342.972

S 342.972

12. SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITAnONS AS ARE SET FORTHON THE AITACHED 2 PAGE(S).

13. STATUTORY AtmlORITYFORGRANT

This project is SlJllPOIted lIIIder 42 USC 10420

15. METIiOD OF PAYMENT

PAPRS

19A.DATE

GRANTEE ACCEPTANCE

i 18. TYPED NAME AND TITLE OF AtmlORIZED ORAN11!£ OFFICIALi MarfJ;et KelTherI bee. II County Judp

I". SWN."""OU""''''''''''''''''''''' omew.

AGENCY APPROVAL

Deborall J. Dllliels

AssiSWU Attorney General

17. SIGNATUR.E OF APPROVlNO OJP OFFICIAL

16. TYPED NAME AND TITLE OF APPROVlNO OJP OFFICIAL

20. ACCOUNTINO Cl..ASSJFJCATIOH CODES

FISCAL FUND BUD. DIV.YEAR CODE ACT. ore. IU!O.

AGENCY USE ONLY

21. CW02D00004

SUB. POMS AMOUNT

x B CW 29 00 00 342972

OJP FORM 4000fl (REV. S·87) PREVlOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000fl (REV. 4-88)

U.S. DEPARTMENT OF IUSTlCE

omCE OF IUSTICE PROGRAMS

Violence AgainstWomen Office

174

AWARD CONTINUATIONSHEET

Grant

PAGE 2 OF 4

PROJECT NUMBER 2002-CW·BX-'JOO8 AWARD DATE 0911012002

SPECIAL CONDITIONS

1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of theOffice of Justice Programs (OJP) Financial Guide.

2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient isrequired to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is aviolation of its Certified Assurances and may result in suspension or termination of funding, until such time as therecipient is in compliance.

3. The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-l33, Audits of States,Loca1 Governments, and Non-Profit Organizations, as further described in the current edition of the OJP FinancialGuide, Chapter 19.

4. The grantee agrees to comply with all relevant statutory and regulatory requirements including. but not limited to, theViolence Against Women Act of 1994, P. L. 103-322, the Violence Against Women Act of 2000, P. L. 106-386, theSafe Streets Act, 42 V.S.C 3711 et seq., and STOP Violence Against Women Formula and Discretionary GrantsProgram Final Rule, 28 CFR Part 90.

5. Supervised Visitation Grant Program grantees are required to develop formal affiliations with organizations that will beable to provide services and consultation to the programs in their work with children and pamlts. Accordingly,grantees must establish an advisory board which includes experts in the following fields: child abuse and neglect,mental health, substance abuse counseling. batters' intervention, law enforcement, child protection services. andadvocacy for victims of domestic violence and sexual assault

6. The grantee agrees to submit for VAWO review and approval any anticipated addition of, removal of, or change incollaborating partner agencies or individuals who are signatories of the Memorandum of Understanding.

7. The grantee agrees to submit one copy ofall reports and proposed publications resulting from this agreement twenty(20) days prior to public release for VAWO review and approval. Any publications (written, visual, or sound), whetherpublished at the grantee's or government's expense, shall contain the following statements:"This project was supported by Grant No. awarded by the Violence Against Women Office,Office ofJustice Programs, U.S. Department of Justice. Points ofview in this document are those of the author and donot necessarily represent the official position or policies of the U.S. Department of Justice.• (NOTE: This excludespress releases, newsletters, and issue analyses.)

8. The recipient agrees to submit quarterly financial reports on Standard Form SF 269A. These reports will be submittedwithin 45 days after the end of the calendar quarter, and a final report is due 120 days following the end of the awardperiod. The reports shall be submitted to the Office of Justice Programs, Office of the Comptroller, Attn: ControlDesk, Room 5303, 810 7th Street, N.W.. Washington. D.C. 20531.

OJP FORM 400012 (REV. 4-88)

U.S. DEPARTMENT OF JUSnCE

OFFICE OF JUSnCE PROGRAMS

Violence AgainstWomen Office

175

AWARD CONTINUATIONSHEET

Grant

PAGE 3 OF 4

PROJECT NUMBER 2ooZ-CW·BX-0008 AWARD DATE O9/1012ooZ

SPECIAL CONDITIONS

9. (a) The grantee agrees 10 submit semiannual progress reports that describe project activities during the reporting period.Progress reports must be submitted within 30 days after the end of the reporting periods, which are January I-June 30and Julyl - December 31 for the life of the award. Future awards and fund drawdowns will be withheld if the progressreports are delinquent. The report should be submitted 10 the Office of Justice Programs Office of the Comptroller,Attn: Control Desk, Room 5303, 810 7th Street, NW, Washington, DC 20531.

(b) A final report, which provides a summary of progress IOward achieving the goals and objectives of the award,significant results, and any products developed under the award, is due 120 days after the end ofthe award. Futureawards and fund drawdowns may be withheld if the final report is delinquent. The report should be submitted to theOffice of Justice Programs Office of the Comptroller, Attn: Control Desk, Room 5303, 810 7th Street, NW,Washington, DC 20531.

(c) The grantee shall include in each progress report that it submits 10 the Violence Against Women Office thecumulative number of persons that have received services through the project, detailing the nature of victimization(domestic violence, sexual assault, and/or stalking), for what kind of case the person received services, as well as thenumber of those persons that received services during each respective reporting period, the number of persons whowere refused services and the reason for the refusal of services. Additionally, where applicable, the grantee shall detailproject attorney's and/or advocate's caseload.

10. The grantee agrees 10 provide VAWO with the following, additional data in each progress report. VAWO isstatulOrily required 10 collect data on the number ofchild abuse victims served or denied services and the reason forrefusal of services. Additionally, the grantee shall provide information on security or safety problems concerningpersons served by the program which occurred during the reporting period and the number ofcases referred by civil,criminal, and/or family courts.

II. In accordance with the Government Performance and Results Act (GPRA), Public Law 103-62, which addresses thecollection and reporting ofperformancem~ent data, and the program effectiveness initiatives of VAWO, thegrantee agrees 10 report 10 VAWO, in its progress reports, information pertaining 10 the outcomes or benefits ofgrantfunded activities, including increased skills, new knowledge, and changed attitudes or values. The information must bevalid and auditable. The grantee also agrees 10 cooperate with VAWO and the Nationallnstitute of Justice onofficially-sponsored initiatives 10 measure the effectiveness of their programs.

12. The grantee agrees 10 allocate $20,000 of project funds 10 obtain technical assistance as directed by the ViolenceAgainst Women Office. Technical assistance includes, but is not limited 10, peer-to-peer consultations, focus groups,menlOring site visits, conferences and woricshops conducted by OJP-<lesignated contractors and on-site consultationwith OJP-designated contractors. The grantee, after obtaining approval, shall use allocated technical assistance funds10 send project staff10 at least four OIPNAWO sponsored conferences per year.

13. Approval oflhis award does not indicate approval ofany consultant rate in excess ofS4S0 per day. A detailedjustification must be submitted to and approved by the Office of Justice Programs (OIP) program office prior 10obligation or expenditure of such funds.

14. The granlle acn=es to submit to VAWO (or review and approval, written policies and procedures for case selection andtermination; staDdards by which supervised visitation and/or safe exchanges will occur; security measures; and feescharged to iDdividuals (or use ofprogram services.

1S. The grantee agrees that grant funds will be used 10 support services for supervised visitation and safe visitationexchange of children by and between custodial and non-<:ustodial parents. The grantee agrees that funds will not beused to support visitation or exchange ofchildren in foster care, kinship care, or protective custody of courts or socialservice agencies. .

OJP FORM 400012 (REV. 4-88)

u.s. DEPARTMENT OF JUSTICE

OffiCE OF JUSTICE PROGRAMS

Violence AgainstWomen Office

176

AWARD CONTINUATIONSHEET

Grant

PAGE 4 OF 4

PROJECT NUMBER 2002-CW·BX.OQ08 AWAltDDATE 0911012002

SPECIAL CONDITIONS

16. The grantee agrees that funds will not be used to provide offsite or overnight visitation services. Offsite visitationincludes, but is not limited to, any visit or exchange between a child and a non-QIStodial parent that occurs outside thepremises of the visitation center. Overnight visitation includes, but is not limited to any visit or exchange between achild and a non-custodial parent that occurs after or between the normal operating hours of the visitation center.

I7. The grantee agrees to develop adequate security measures, including but not limited to, adequate facilities, procedures,and personnel capable of preventing violence, for the operation of supervised visitation programs or safe visitationexchange.

18. The grantee agrees that if fees are charged for use of programs or services, any fees charged must be based on theincome of the individuals using the programs or services, unless otherwise provided by court order.

19. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies andprocedures regarding the protection ofhurnan research subjects, including obtainment of Institutional Review Boardapproval, if appropriate, and subject informed consenL

OJP FORM 400012 (REV. 4-88)

177

GRANT MANAGER'S MEMORANDUM, PT. I:PROJECT SUMMARY

U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS

Violence AgainstWomen Office

ThIS project is supponed under 42 USC 10420

PROJECT NUMBER

2002-CW·BX.oooS

Grant

PAGE I OF I

I. STAFF CONTACT (Name, addre.. '" telephone number)

Michelle B. Dodse(202) 353·7345

3a. TITLE OF THE PROGRAM

Safe Havens: SUpervisee! Visitalion and Safe Exchanae Grant Program

4. TmE OF PROJECT

5. NAME a: ADDRESS OF GRANTEE

Dallas County133 Nonh Industial BoulevardDallas, TX 75207

7. PROGRAM PERlOD

2. PROJECT DIRECTOR (Name. address &: telephone number)

Ryan BrownDirector133 Nonh Industial BoulevardDallas, TX 75207(214) 653~3S9

3b. POMS CODE (SEE INSTRUCTIONSON REVERSE)

6. NAME &: ADRESS OF SUBGRANTEE

S. BUDGET PERIOD

FROM: 10/0112002 TO: 0913012004 FROM: 1010112002 TO: 0913012004

. 9. AMOUNT OF AWARD

S 342.972

II. SECOND YEAR'S BUDGET

13. THIRD YEAR'S BUDGET PERIOD

10. DATE OF AWARD

09/1012002

12. SECOND YEAR'S BUDGET AMOUNT

14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRJPTION Of PItOISCT (Sec illalnIcCon oa-.e)

The Safe Havena: Supervised ViIimIiaa.. Safe ExcIIanp ar- !'rosnm (Supervisee! Visitation !'rosnm) wu authoriZed u a two- year piloc program under theViolence Apiml WOIIlllIl Ace 012000 til ..... superviaed visitation and exchanae OptiOlll for families with a history of domestic violence. child abuse. sexualassault or stalkin.. EliaibJeapp~ tbr die prosram include staIeI, lndian tribal aovemments, and units of local aovernmenL By statute, projects funded underthe SupeMsecI Visitalioll !'t'clpwn _ dcmcIlIlrale expetIise i1l the ... of family violence. provide a slidina fee scale for clienls, demonslratc adequate securitymeasures, and prescribe standudI aDd pr1tlOCOIa by wIIiclI supervisee! visitation or safe exchanaos will occur.

In 200 I, the Texu LeaisJarure puaed leliJlatioD requirinl judps to order supervisee! visitation in aU cas&S where there is evidence of family violence or childabuse.

OJP FORM 400012 (REV. 4-88)

178

To meet the Increasing need for supervised visitation and safe exchanlle services. Dallas County wIll use this 100nai Supervised VisItation annt to =am 'Faith andUberty's Piau.' a supervised vlsiW10lt ectlter named for two Dallal children who wen murdered by the" non·custodial parent dunn I an unsupervised vlSiL Thecenter wJl1 proVIde. Slfe. child~ environment whete trlined professionals facilitate Vlsltanon, in English and Spanish, between children and their non.custodial parents. RefemJs will come directly from the OaHu Family Courts. Additional services Including counselinll. pamltinl cluses, and ballel'er inlCr'ientionWill be prOVIded by local partner agenc;ia.

CAiNCF

•U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROOIlAMS

Violence AgainstWomen Office

179

AWARD CONTINUATIONSHEET

Grant

PAGE 2 OF 4

PROJECT NUMBER 2002-ew·BX-0008 AWARD DATE 0911012002--------- ------ --- --------- --------------------

SPECIAL CONDITIONS

1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of theOffice of Justice Programs (OJP) Financial Guide.

2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient isrequired to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights. is aviolation of its Certified Assurances and may result in suspension or termination of funding, until such time as therecipient is in compliance.

3_ The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-l33, Audits ofStates,Local Governments, and Non-Profit Organizations. as further described in the current edition of the OJP FinancialGuide, Chapter 19.

4. The grantee agrees to comply with all relevant statutory and regulatory requirements including, but not limited to, theViolence Against Women Act of 1994. P. L. 103-322, the Violence Against Women Act of 2000, P. L. 106-386, theSafe Streets Act. 42 U.S.C 3711 et seq., and STOP Violence Against Women Formula and Discretionary GBnIlProgram Final Rule, 28 CFR Part 90.

5. Supervised Visitation Grant Program grantees are required to develop formal affiliations with orpnizations that will beable to provide services and consultation to the programs in their work with childrm and parents. AccordinaJy,grantees must establish an advisory board which includes experts in the followinl fields: child abuse and neglect,mental health. substance abuse counseling, batters' intervention, law enf'on:ement, child protection services. andadvocacy for victims ofdomestic violeJ1Ce and sexual usauJt.

6. The grantee agrees to submit for VAWO review and approval any anticipated addition of, mnoval of, or change incollaborating partner agencies or individuals who are signatories of the Memorandum of UnderstandinJ.

7. The grantee agrees to submit one copy ofall reports and proposed publications resultinl &om this qreement twenty(20) days prior to public release for VAWO review and approval. Any publications (written. visual, or sound), wbetherpublished at the grantee's or government's expense, shall contain the followinl statements:''This project was supported by Grant No. awarded by the Violence Against Women Office,Office of Justice Programs. U.S. Department of Justice. Points of view in this document are those of the author and donot necessarily represent the official position or policies of the U.S. Department of Justice.· (NOTE: This excludespress releases, news1cUers, and issue ana1yses.) .

8. The recipient agrees to submit quarterly financial reports on Standard Form SF 2691.. These reports will be submittedwithin 45 days after the end of the ca1etIdar quarter, and a tinaI report is due 120 days followina the end of the awardperiod. The reports shall be submitted to the Office of Justice Programs. Office of the Comptroller, Attn: ControlDesk. Room 5303, 810 7th Street, N.W., WIShinpln, D.C. 20531.

----- --- - ------------------ - ---- -------------------------~

OJP FORM 400012 (REV. 4-88)

U.S. DEPARnlENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS

Violence AgainstWomen Office

180

AWARD CONTINUATIONSHEETGrant

PAGE 3 OF 4

PROJECT NUMBER 2002-CW-BX-0008 AWARD DATE 09/1012002

SPECIAL CONDITIONS

9. (a) The grantee agrees to submit semiaMual progress reports that describe project activities during the reporting period.Progress reports must be submitted within 30 days after the end of the reporting periods. which are January I-June 30

and July I - December 31 for the life of the award. Future awards and fund drawdowns will be withheld if the progressreports are delinquent. The report should be submitted to the Office of Justice Programs Office of the Comptroller.Attn: Control Desk, Room 5303. 8I0 7th Slreet. NW. Washington, DC 20531.

(b) A final report, which provides a summary of progress toward achieving the goals and objectives of the award,significant results. and any products developed under the award. is due 120 days after the end of the award. Futureawards and fund drawdowns may be withheld if the final report is delinquent. The report should be submitted to theOffice of Justice Programs Office of the Comptroller, Attn: Control Desk, Room 5303.810 7th Slreet. NW,Washington. DC 20531.

(c) The grantee shall include in each progress report that it submits to the Violence Against Women Office thecumulative number of persons that have received services through the project, detailing the nature of victimization(domestic violence, sexual assault, and/or stalking), for what kind of case the person received services, as well as thenumber of those persons that received services during each respective reporting period, the number of persons whowere refused services and the reason for the refusal of services. Additionally, where applicable, the grantee shall detailproject attorney's and/or advocate's cascload.

10. The grantee agrees to provide VAWO with the following, additional data in each progreas report. VAWO isstatutorily required to collect data on the number ofchild abuse victims served or denied services and the reason forrefusal of services. Additionally, the grantee shall provide information on security or safety problems concerningpersons served by the program which occurred during the reporting period and the number of cases referred by civil,criminal, and/or family courts.

11. In accordance with the Government Performance and Results Act (GPRA). Public Law 103~2. which addresses thecollection and reporting of performance measurement data, and the program effectiveness initiatives ofVAWO, thegrantee agrees to report to YAWO, in its progreas reports, information pertaining to the outcomes or benefits of grantfunded activities, including increased skiDs, new knowledge. and changed attitudes or values. The information must bevalid and auditable. The grantee also agrees to cooperate with VAWO and the National Institute of Justice onofficially-sponsored initiatives to measure the effectiveness of their programs.

12. The grantee agrees to allocate $20.000 of project funds to obtain technical assistance as directed by the ViolenceAgainst Women Office. Technical assistance includes, but is not limited to. peer-to-peer consultations, focus groups,mentoring site visits. conferences and woricshops conducted by OJP-designated cont:rl(;ton and on-site consultationwith OJP-designated contractors. The grantee, after obtaining approval, shall use allocated technical assistance fundsto send project stafT to at least folll' OJPNAWO sponsored conferences per year.

13. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailedjustification~ be submitted to and approved by the Office of Justice Programs (OJP) program office prior toobligation or expcaditure orsuch funds.

14. The grantee agrees to submit to YAWO for review and approval, written policies and procedures for case selection andtermination; standards by which supervised visitation and/or safe exchanges will occur; sec:urity measures; and feescharged to individuals for use of program services.

15. The grantee agrees that grant funds will be used to support services for supervised visitation and safe visitationexchange of children by and between custodial and non-custodial parents. The grantee agrees that funds will not beused to support visitation or exchange of children in foster care, kinship care, or protective custody of courts or socialservice agencIes. .

----------- - -- - -_._------ ------- ----

OJP FORM 4000/2 (REV. 4-88)

lSI

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

October 9, 2002

TO:

THROUGH:

Commissioners Court

Ryan BrowrBudget Officer - .....-

FROM:

SUBJECT:

Ronica L. WatkinsBudget & Policy Analyst

Double Fill for Justice of the Peace Precinct 2-1 (Sholden)

-;

BackgroundJudge Sholden has a grade five clerk that has resigned, effective November 19, 2002. The clerkresigning processes the courts' Truancy cases. Therefore, Judge Sholden is requesting authorizationto double fill one grade five clerk position prior to the position being vacant. The purpose of thisbriefing is to consider the policy issues and fiscal arrangements associated with this request and tomake a recommendation.

Operational ImpactCounty policy allows a double fill only for critical skills for which a severe diminution of servicewould result in the absence of an employee. Currently, Justice of the Peace Precinct 2-1 has received200 truancy cases from the Garland Independent School District. The court on average is setting50 cases per docket, two days week. In addition to approximately 50 report backs weekly. It isanticipated the number ofcases filed will increase as the school year progresses. The court averagetime for docketing truancy cases filed in the court is one week.. The court has two clerks primarilyprocessing truancy cases. One of the clerks is bilingual and assists with the translating both at thefront desk and in the court with the Precinct's growing Spanish speaking population. Judge Sholdenrecognizes that the holiday season is approaching and has several clerks scheduled for vacationthroughout November. Therefore, the Judge is requesting to hire a grade five bilingual clerk andpay for the position out of his D.D.A. during the double fill period, which is approximately threeweeks.

411 Elm Street, yu Floor, Dallas, Texas 75202(214) 653-6389 • Fax (214) 653-6517 • budget@dallascounty.org

182Financial ImpactThe incumbent grade five clerk earns S25.828 annually. It IS anticipated the new grade five clerkposition will start at the mid range in-hire leveL earning 523.-+24. There is no additional cost to theCounty since the Judge is requesting to pay for the position out of his D.D.A. spendable balance.Double-tilling the position for three weeks, per Judge Sholden's request, results in cost to the Justiceof the Peace Precinct 2-1 D.D.A.'s account in the amount of SI,464 in salary and benefits.

RecommendationThe Office of Budget and Evaluation recommends Commissioners Court authorize Justice of thePeace 2-1 to double fill a grade five clerk position for a three-week period, from November I toNovember 25,2002. D.D.A. funds in the amount of Sl,464 will be utilized. Double filling theposition would allow the court to continue functioning in its current capacity through the transltlOI1period of hiring and training a new clerk.

183

October 15, 2002

MISCELLANEOUS

1) FACILITIES MANAGEMENT DEPARTMENT - requests approval to performminor office modifications on the fifth floor of the Records Building, for the new ITService provider, Schlumberger. The modifications will allow Schlumberger theopportunity to relocate employees from the third floor and to consolidate theiroperation ofthe fifth floor. Estimated cost for the modifications is $10,000. Fundingis available in Fund 126 (Permanent Improvement), 08130 (Building Improvements& Land), 2003 (FY2003), 70038 (Project-Misc. Building Alterations).

2) OFFICE OF BUDGET AND EVALUATION - requests authorization for theCounty Treasurer to release payroll for the Criminal Justice Division (HB 1287) DrugIntervention Court grant for the month of October 2002. The current grant endedSeptember 31, 2002. This grant awards $131,000 in salaries and fringes, and i~

anticipated to be received by the end of October 2002. The Office of Budget andEvaluation recommends Commissioners Court authorize continued processing ofgrant expenditures until the grant award documents are received and court ordered.

(COURT ORDER ON FORMAL AGENDA)

TRAVEL REOUESTS

3) HUMAN RESOURCES/CIVIL SERVICE DEPARTMENT - requests approvalfor Mattye Mauldin-Taylor and Jim Gresham to attend HIPPA Seminar in Arlington,Texas on November 6, 2002: $556 is available in Human Resources/Civil ServiceDepartment, Business Travel Account, FY Budget 2003, (1040.4010.2003).

4) HEALTH AND HUMAN SERVICES DEPARTMENT - requests approval for:

a) Barbara Gallagher, Dianne Blocker, Barbara Smith, Grace Armstrong, SheilaCalmese, Lynne Davis, Esther Garcia, John Parker, Pat Southard, MelindaSpears, Rayetta Wright, Maureen Eason, and Edward Bannister to attend theAnnual Update on Sexually Transmitted Diseases in Dallas, Texas onNovember 1-2, 2002: $520 is available in Grant Fund, Std., Trg.-CDCDepartment, Conference Training Account, FY Budget 2002,(00466.08900.02460.2002).

184

b) Jackie Gregory to attend the Advances in HIV: Challenges and Opportunitiesin the Prison Setting Conference in Nashville, TN on October 17-18,2002 atno cost to Dallas County.

c) AI Gonzales to provide technical assistance for the EI Paso Health Departmentin EI Paso, Texas on October 20-22, 2002: $790 is available in Grant Fund,VD Epidemiology Department, Conference Training Account, FY Budget2002, (00466.8706.02460.2002).

d) Luz Betancourt to attend Required Training Session on eHARS and StatewideManager's Meeting in Austin, Texas on October 21-23, 2002: $540 isavailable in Grant Fund, AIDS Surveillance Department, Conference TrainingAccount, FY Budget 2002, (00466.8703.02460.2002).

e) Dora E. Torres to attend Required Training Session on eHARS in Austin,Texas on October 21-22, 2002: $370 is available in Grant Fund, AIDSSurveillance Department, Conference Training Account, FY Budget 2002,(00466.8703.02460.2002).

1) Karin Petties to attend the Stakeholder Meeting for mY/AIDS in Austin,Texas on October 28, 2002: $225 is available in Grant Fund, Title ll-RWDepartment, Conference Travel Account, FY Budget 2002,(00466.65608.04210.2002).

g) Gail LaShone Ausbrooks to attend the Immunize Texasize 2002Immunization Conference in Austin, Texas on November 18-21,2002: $604is available in Grant Fund, Immunization Registry Department, Training FeeAccount, FY Budget 2003, (00466.08708.02460.2003).

EXCEPTION TO TRAVEL REOUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED

h) Walter Weiss to attend the Technical Assistance Training in Austin, Tyler,Longview, EI Paso, Galveston, Texas on October 1 through December 31, 2002:$4,760 is available in Grant Fund, Title I-RW Department, Conference TravelAccount, FY Budget 2002, (00466.65609.04210.2002).

185

5) INSTITUTE OF FORENSIC SCIENCES DEPARTMENT - requests approval for A. J.Jumper to attend the Ridgelogy Science Course in Arlington, Texas on October 7-11,2002in a County vehicle with gas credit cards: $495 is available in General Fund, Crime LabDepartment, Conference Travel Account, FY Budget 2003, (00120.3311.04210.2003).

MISCELLANEOUS

(1)

(2)

(3)

DEPARTMENT: 5420ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCES:PROPOSED ACTION:

DEPARTMENT: 4020ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 00466...08723

ITEMS:

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCES:

PROPOSED ACTION:

Truancy Court1- Table$0 (Surplus)N/AN/AThe Truancy Coordinator is requesting a work-tablefrom surplus to furnish the North Truancy Court JuryRoom. Recommended by Office of Budget andEvaluation.

District Clerk - Criminal DivisionEvidence Room Shelving$1,340Unallocated Reserve00120.4020.08410.2003 (General Fund. DistrictClerk. Furniture and Equipment. FY2003)District Clerk Jim Hamlin requests funding foradditional shelving in Evidence Room in the CrowleyCourt Building. The purchase was approved duringthe FY2003 Budget deliberations, but was notincluded in the FY2003 Budget or on the approvedequipment list.

Health and Human Services (Counter Bio-TerrorismAttack Team Grant)2 - Nokia 5165 Cell Phones ($0)2 - Cigarette lighter adapters ($47.98)2 - Rate Plans IDA ($719.76)$767.74Grant Fund00466.0000.07213.2003 ... 08723(Grant Fund. Cellphones. FY2003. Counter Bio-Terrorism Attack TearnGrant)The Health and Human Services Department requeststwo new cellular phones for the administrators of theCounter Bio-Terrorism Attack Team. Recommendedby the Communications and Central ServicesDirector.

(4)

(5)

DEPARTMENT: 3141ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 4080ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCES:

PROPOSED ACTION:

186

Sheriff's Office - North Tower5 - Plastic Visitation Chairs$300Within Budget00120.3141.02090.2003 (General Fund. North Tower,Property Less Than $5,000. FY2003)The North Tower Division requests authorization topurchase five (5) plastic visitation chairs. Thesechairs are used by visitors visiting the prisoners. Thecurrent visitation chairs are tlimsy and breaking. TheNorth Tower Division will purchase 1 Wet Vac($304), instead of2 Wet Vacs and use those funds topurchase additional chairs. Recommended by theOffice of Budget and Evaluation.

District Court Administration2 - State Seals$400Unallocated Reserves00120.4080.02090.2003 (General Fund. District CourtAdministration. Property Less Than $5,000. FY2003)Ron MacKay, District Court Administrator, requestspermission to purchase two Texas State Seals for theVisiting Judge Courtrooms in the Records Building.Recommended by Office ofBudget and Evaluation.

TELECOMMUNICAnONS REOUESTS

Facilities ManaKement M-0209061 requests to install a data-line cable in the basement ofthe GACB to connect a network printer. Installation: $132.00; no monthly service increase.Recommended.

Health & Human Services - requests:M-0210004 to install two single-line phones in suite 333 for two new employees.Installation: $107.00; no monthly service increase. Recommended.

M-0210012 to install three data-line cables one in each of the following offices, 208, A259and 270 to provide access to network. Installation: $207.00; no monthly service increase.Recommended.

187

M-0210016 to install one data-line cable in Preventive Health suite 500 and one data-linecable in room 520A to provide access to network. Installation: $112.00~ no monthly serviceincrease. Recommended.

Sheriff Intake M-0210015 requests to install a new coaxial cable in room B1050 to restoreaccess to mainframe. Installation: $11O.00~ no monthly service increase. Recommended.

Data Services M-0210011 requests to install a data-line cable on the 2nd floor of ConstablePrecinct 5 office. To provide access to network. Installation: $58.00~ no monthly serviceincrease. Recommended.

Constable Precinct I-I M-0210010 requests to install two data-line cables in the office toprovide access to network. Installation: $99.00~ no monthly service increase.Recommended.

Tax/Collections M-0210009 requests to install two coaxial cables in the Farmers Branchoffice to provide access to mainframe. Installation: $174.oo~ no monthly service increase.Recommended.

Forensic Science M-0210008 requests to install a data-line cables on the lit floor room 120to provide access to network. Installation: $58.oo~ no monthly service increase.Recommended.

Constable Precinct 2-2 M-0210007 requests to install a data-line cable in the office toprovide access to network. Installation: $74.00; no monthly service increase.Recommended.

Juvenile Youth Villa&e M-0209072 requests to install a speaker phone in the conferenceroom to allow the conference feature when needed. Installation: $33.00~ no monthly serviceincrease. Recommended.

Telecommunications M-0210020 requests to add another 200 DID (Direct Inward Dial)extension numbers to the phone system for Health &. Human Services. Monthly serviceincrease: $66.00;. Recommended.

Elections M-0210019 21 requests cell phones for use during early voting and the Novemberelection. These phones will be used at locations where the existing phone lines will be usedfor additional computers. AT&T wireless will furnish the phones for one month and placethem on the $39.99 per month rate. Phones will be disconnected after the elections. Allactivation & termination fees will be waived. One time service increase: $839.79.Recommended.

188

Funding for the above request is available from countywide Department 800, line item 432,Telephone Contingency.

Pagers

Health & Human Services - requests:M-0210006 three new pagers to replace pagers that were lost by ex-employees to be paidout of funds for grant No. 08001,2003. Installation: $90.00 no monthly service increase.Recommended.

M-0210005 6 pagers for the Weatherization field staff to enable the supervisor to contactstaff when needed. Monthly service increase: $16.50;. Recommended.

Juvenile M-0210018 requests two digital pagers for the Volunteer Coordinators to allowcontact when in the field. Monthly service increase: $5.50;. Recommended.

Pagers are funded by the requesting department unless otherwise indicated