ianagement information systems - dallas … dallas county commissioners court briefing agenda august...
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DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA
AUGUST 14,2001
REPORTSIRECOMMENDATIONSIREQUESTS
1) FACILITIES l\IANAGEMENT
PAGE NOS.
Juvenile Department - Lease Renewal at 7220 S. Westmoreland Rd. . .... 4-11
2) l\IANAGEMENT INFORMATION SYSTEMS
a) Oracle Financials System Issues 12-15
b) Information Technology Consulting Services Contract 16-26
3) HEALTH & HUMAN SERVICES
a) TDH Contract #7500090562002, Attachment #17 27-50
b) Amendment to the Centers for Disease Control & PreventionCooperative Agreement #R30/CCR618393-02 &Subcontract with the Arkansas Department of Health,Central Region. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51-56
Contract Insert
; lC)' . Clinical Affiliation Contract with El Centro College 57-69
4) COMMUNICATIONS & CENTRAL SERVICES
Implementation of Caller-ID Capability on County PBXs 70-72
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5) INFORl\'IATION TECHNOLOGY SERVICES/ACS
a) Contract for Data Services between the Defense SecurityService and Dallas County 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 73-80
b) Contract for Data Services between The Law Firm ofSteven Go King, Poc. and Dallas County 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 81-87
6) PUBLIC 'WORKS DEPARTMENT
a) Old Terrell Interurban Railway in Mesquite, TexasRequest from City of Mesquite to Exchange Portionof County-owned Railway for City-owned R-O-W .. 0 •• 0 ••• 0 0 0 88-93
b) R-O-W Acquisition Services Amendment #2-CLS IDQ Contractand Work Order #11, Singleton Blvd. Project 91-881 .. 00. 0 0 000 94-96
(COURT ORDER ON FORMAL AGENDA)
c) Resale of Tax Foreclosure Properties by Irving I.S.D.Irving I.S.D. et al v. Joyce 1. Pittman (In Person andin Rem), Cause #97-41482-TL, 1212 Oakland Dr.Irving, TX, Account #32316500100030100 0 •••• 0 0 •••• 0 0 0 •• 0 97-102
d) New City of Dallas Procedure Regarding the Transfer ofTax Foreclosure Properties to Non Profits, for theDevelopment of Housing for Low Income Individualsor Families. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 103-119
7) ALTERNATIVE DISPUTE RESOLUTION
Extension of CPS Mediation Grant and ReimbursementJ Authorization .... 0 •••••••••• 0 • 0 0 • • • • • • • • • • • • • • • • • • • • • • • •• 120-127
(COURT ORDER ON FORMAL AGENDA)
8) PURCHASING DEPARTMENT
a) RFP for Electronic Monitoring Services; RFP #2000-189-559Contract Extension 0 ••• 0 ••• 0 • • • • • • • • • • • • • • •• 128-13 1
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b) Annual Contract for the Purchase and Printing ofCourt Case Jacket/File Folders (District Clerk),Bid #2000-208-592 132-133
9) Miscellaneous, Travel Requests, Miscellaneous Equipment,and Telecommunications Requests 134-138
10) Redistricting , N/A
11) FY2002 Budget Hearing , N/A
FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION
Minister's Letter of Appreciation
DATE(s) TO REMEMBER
) t A ...
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DALLAS COUNTYFacilities Management '. ~ I ~.;: ~
August 14, 2001
MEMORANDUM
TO:
THROUGH:
FROM:
SUBJECT:
Background
Commissioners Court
Dan SavageAssistant Administrator for Operations
Jim Barrett 'f"J1Assl stant Di'rettor
Juvenile Department - Lease Renewal7220 South Westmoreland
Dallas County entered into a lease agreement by Court Order No, 96-1664 dated September 3,1996, WIth Monterey-Westmoreland, L.L.C. for 3,590 square feet of office space located at 7220South Westmoreland, Dallas, Texas for the Juvenile Department The lease is for a period of fiveyears commencing October 25, 1996 and ending October 24, 2001, The Juvenile Departmenthas indicated a deSire to renew that lease WIth some modifications to the space. (letter attached)
The purpose of this correspondence is to present to the Commissioners Court recommendationregarding this issue.
Impact on OperationsIFinanciai
Dallas County currently leases approximately 3,590 square feet of office space at $10,00 persquare foot or $2,991.67 per month for a full service lease. The landlord is responsible for taxes,insurance, maintenance. janitorial, pest control, utilities and all tenant finish out improvements.Dallas County 'Nill be responsible for its prorata share of any cost increases over the base year.Over the last five (5) years of this contract, there has been no expenses increase.
Dallas County Juvenile Department has indicated a desire to retain this location 'Nith only a fewminor changes to aid in security and cleanliness.
,7220 Westmoreland Ventures, Ltd. (the landlord as successor in interest to Monterey ; Westmoreland, L.C.C.) has agreed to an extension of five (5) years at a base rental rate of;$4..1-13,54 per month or $13.75 per square foot Rents in the Southwest Mall area were checked
and were comparable. Tenant finish/renovations and realtor fees 'Nill be an additional $605, 81(renovations - $21.540.00 and realtor fees - $14,808.75) per month bringing the total monthly rentto $4,709.35 for this full service lease.
600 Commerce. 9dl FloorGeorge L. Allen Couns Building Dallas. Texas 75202 Fax
(214) 653·7175(214) 653-6822
5
Commissioners CourtAugust 14, 2001Page 2
Recommendation
The Assistant Director of Facilities Management recommends that the lease for the JuvenileSatellite Office at 7220 South Westmoretand, SUite 225, Dallas, Texas be renewed 'Mth 7220Westmoretand Ventures Ltd. for 3.590 square feet. The lease INOuld be for five (5) yearsbeginning October 1, 2001 and 'Mil expire September 30, 2006, 'Mth an option to extend for anadditional five (5) years. The total monthly cost 'Mil be $4,709.35 for this full service lease Fundsare available in 00120 (General Fund), 5110 (Juvenile Department), 7010 (Rental BUildings).2002 (FY2002)
If Commissioners Court is in agreement with this renewal, a Court Order will be placed on thenext available Agenda.
Appr ed by:
Dan SavageAssistant Administrator or Operations
J8:ksJuv722Owestmoreiandbrief
attachments
Cc: Karen Tabary, Assistant District Attorney
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6
STRATEGIC ALLIANCE REALTY
July 11,2001
'Mr. Mack RichardsonDallas County Facilities Management600 Commerce StreetDallas, Texas 75202
Re: Renewal of Lease for Juvenile Satellite Office, Area Eight, 7220 S. WestmorelandRoad, Suite 225, Dallas, Texas
Dear Mr. Richardson:
Pursuant to our discussions during June and July, 2001, Strategic Alliance Realty (asagents for the Landlord, 7220 Westmoreland Venture, Ltd.) hereby proposes to renew theaforementioned lease in accordance with Paragraph IV of said lease.
In accordance with Paragraph IV of the lease, the Landlord agrees to the followingmodifications:
1. Lease Rate: $13.75 per rentable square foot (The leased premisescontains approximately 3,590 rentable square feet.)
..l'
2. Tenant Finish/Renovation (see attached floor plan):a. Recarpet/repaint.b. Build "L" shaped wall to enclose the secretary's area.c. Remove one glass entrance door and relocate doorbell.d. Install locking sliding glass window with "working" ledge
on each side.e. Install magnetic on interior door with two control stationsf Install keypad to control magnetic lock on interior door in
newly created foyer.g. Replace stained ceiling tiles.
Total allowance for above Tenant FinishlRenovation shall not exceed$21,540.00.
3. In the event Tenant exercises its option to terminate the lease during thelease term, the Tenant shall pay to Landlord the sum of$605.81 for each
5489 Blair Road, Suite 350 Dallas, Texas 75231214-540-4313 Fax 214-540-4317
7
month of the unexpired lease term. This monthly sum represents theLandlord provided Tenant FinislvRenovation allowance of$21,540.00 andLandlord paid leasing commissions of$14,808.75 divided by 60 months.
All other terms and conditions of the lease shall remain unchanged.
The above proposal will be held open for a period ono days. Please let me know ifadditional information is needed.
~J2~l.----Tim DeWeeseStrategic Alliance RealtyAs Agent for 7220 Westmoreland, Ltd.
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DALLAS COUNTYJUVENILE DEPARTMENT
March 26, 2001
Mack RichardsonDallas County Facilities Management600 Commerce StreetDallas, Texas 75202
Dear Mr. Richardson:
Enclosed are copies of recent correspondence regarding the Juvenile Department office at 7220Westmoreland. You, Ed Bailey, Dan Niskanen, Loren Kelly and I met at the Westmorelandoffice on April 18, 2001. The following issues were discussed and need to be included innegotiations for the renewal of the lease which expires this coming October.
Paint and re-carpet the entire office.Repair roof or alc leaks that cause St""aH1s on ceiling tiles.Replace stained ceiling tiles.Add more clearly marked reserved parking spaces for the Juvenile Office.Isolate and separate the heating and air-conditioning vents and controls for the juvenileoffice and other tenants.Close off one of the entrance glass doors and move door bell.Build an L shaped wall to enclose the secretary's area.Install a locking sliding glass window with a working ledge on each side.Interior door will have a magnetic lock with controls at each secretary desk.Keypad lock on the interior door.
Please let us know when a meeting has been scheduled with the property management to reviewthese items.Thank you for your assistance.
c: Dan SavageEd BaileyMike GriffithsRobert PointerDan Niskanen
2600 Lone Star Drive - Box 5 Dallas, Texas 75212 214-698-2200
10DALLAS COUNTYFacilities Management
August 23, 2000
Ms. Joan Strader, Property }JanagerCentral ~farul.gement., Inc.5489 Blair, Suite 100Dallas, Texas 75231
Re: Dallas County Juvenile Lease7220 Westmoreland., Dallas, Texas
Dear Ms. Strader:
Dallas COW1ty'S lease with Monterrey Westmoreland L.L.C., for 3,590 square feet of office space at 7220Westmoreland., Dallas, Texas for a satellite office for the Dallas CoW1ty Juvenile Department, will expireOctober 31, 2001.
Facilities Management has received a letter from the Dallas CountyJuvenile Department requesting that theirlease be extended for an additional five year term W1der the same general terms, with some mOOifications, ofthe existing lease. The Juvenile Department requests the following modifications:
A Structural - add a sliding window ~l.d wall to searre the entry area. Includedoor bells and/or other entry modification devices. (Floor plan enclosed); and
B. Paint interior of leased premises~ andC. Replace the carpet with Lee's Faculty, IV-PK-166 grade and clean once per year on it's
anniversary, throughout the term of the lease.
I would like to briefyour proposal to the Dallas County Space Committee by September 18,2000 and presentit to the Dallas County Commissioners Court by October 3,2001.
Should you have any questions concerning the above matters, please contact me at (214) 653-6408.
Saundra Jo nSenior Property Manager
SI}J/aUYJBrrt
xc: Dan Savage, Assistant Administrator for OperationsMike Griffiths, Juvenile DirectorRandy Wadley, Assistant Director, JuvenileCarole Braden, Manager Probation ServiceDan NISkanen, Supervisor
AUG 2 'J 2[:;1
600 Commerce, 9th FloorGeorge L. Allen Sr" Courts Building Dallas, Texas 75202
(214) 653-7175Fax (214) 653-6822
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12
Date:
To:
From:
Subject:
DALLAS COUNTYCOMMISSIONERS COURT
August 8, 2001
Commissioners Court
John M. HennesseyMIS Director
Oracle Financials System Issues
Background
A joint memo from the County Auditor and County Treasurer, dated 7/12/01,was sent to all members of the Commissioners Court outlining issues withthe Oracle Financials system. This document outlined 80 tasks and anestimated 2500 hours of work and was designed by SCT to be a work ordertracking mechanism for all tasks associated with the Oracle Financialssystem. The County Auditor, County Treasurer and Personnel have assignedpriorities to the tasks.
Operational Impact
An in-depth analysis of the tasks has identified the following requirements:
Completion Date Tasks HoursFiscal Year End 7 175Calendar Year End 8 310TOTALS 15 485
In view of the issues surrounding the HR/Payroll system, it must be noted;that of the 80 tasks and 2500 hours:
• 11 tasks representing 107 hours have been completed• 11 tasks representing 450 hours have been closed• 42 tasks representing 1300 hours were never part of the original scope of
the project• 12 tasks representing 323 hours are SCT operations issues• 26 tasks representing 710 hours are reports (new or modified) - 9 report
tasks were completed or closed leaving 17 report tasks with 465 hours
411 Elm Street Dallas, Texas 75202 214-653-7327
J
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The Kronos/DPI interface has been the most challenging component of theHR/Payroll system. The Kronos database has now been performance tunedand the DPI time-pull interface has been successfully re-engineered to pulltime in under an hour. Kronos has also provided the county, at no cost, witha new Kronos supported time-pull interface that runs in under 30 minutes.
SCT resources available full-time to the project:2 Data Base Administrators1 System Administrator2 Oracle Programmers
Oracle has previously agreed to provide the county with 100 days ofconsulting support to be used as necessary. Approximately 80 days (640hours) remain to be used. Oracle has been contacted and resourcesrequested that can assist the county with the 15 tasks (485 hours) identifiedabove and the other longer term requests.
The enclosed document, titled "Outstanding Items" details those tasks thatmust be completed by the end of the fiscal year (Level = Y 1) and those tasksthat must be completed by end of the calendar year (Level =Y2).
Recommendation
The combination of SCT full-time resources and Oracle resources appears tobe adequate at this time to complete the necessary tasks by the specifieddeadlines. Progress will be monitored and additional resource needs will bebrought to the attention of the court.
411 Elm Street Dallas, Texas 75202 214-653-7327
_. ,-_._.~--_.--.....-........-....""~.~_.__._.-----------_.-_.-""_-.--.....~._...'""._~-~ ....._---..-..-, ........._--Outstanding Items
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Level
Priority System Status Type ID Title Resource l/oun Scope Comme11t,\'
YI
1
All In Prog DBA 144 Infrastructure Upgrades Not Assigned o No operations
PayrollHR TAR Technical 36 Function buttons on job form don't show Sutter 20 Audit issue
PayrollHR In Prog-80% Technical 30 Life Re - Issues Sutter 60
Totall/ours for Priority 1 80
2
All Dept Review Super User 152 Review responsibility matrix ~arolyn McN 15 """"..PayrollHR TAR Technical 48 ORG. Flex Field Sutter 10 Audit issue
PayrollHR Pending Technical 123 Employers Quarterly Report Summary Not Assigned 10 Operations issue.different media
PayrollHR Pending Technical 10 EE04 Reporting Process Position Rep 60 ? Report
Totall/oursfor Priority 2 95
Totall/ounfor Critical Items YI 175
Y2
1
PayrollHR Pending Technical 33 TCDRS2 deduction Not Assigned 40 Setup was wrong for high salary amou
PayrollHR Pending Technical 32 Direct Deposit Advice Sutter 60 No Reprints consume time
Total l/ours for Priority 1 100
Page I 0/2
Level
Priority System §tatIlJi"" Type
3
ID Title Resource Hours Scope COllll1le1lt,\·
PayrollHR Pending Technical 47 Modify EBS interface to use API Not Assigned 90 Enhancement
Total HOllrs jor Priority 3 90
9
PayrollHR Pending Technical 159 Find and Correct missing YTD.. Not Assigned 30
payrollHR Pending Technical 117 SQWL Reporting Not Assigned 20 No Report
PayrollHR Pending Technical 89 W2 Processing for '02 Not Assigned 30 No Report
PayrollHR Pending Technical 77 Annual Benefits Enrollment - Extract Not Assigned 20 No Report
PayrollHR Pending Technical 63 W-2 Control List Not Assigned 20 No Report
Total HOllrs jor Priority 9 120
Total HOllrsjor Critical Items Y2 310
Gra1ld Total 485
Page 2 of2
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Date:
To:
From:
Subject:
DALLAS COUNTYCOMMISSIONERS COURT
August 8,2001
Commissioners Court
.~ #/1John M. HennesseYr--..!' 'MIS Director
Information Technology Consulting Services Contract
Background
On July 3, 2001, with Court Order 2001-1260, the court authorized theaward of RFP No. 2001-096-824, Information Techn'Ology ConsultingServices to Clearview Management Consultants. This .RFP provides forconsulting services to assist the county in the development of an MasterServices RFP to select a vendor to provide Information TechnologyOutsourcing services.
The court order also authorized the MIS Director, Commissioners CourtAdministrator and District Attorney's Office to negotiate the final terms andconditions of the contract on behalf of Dallas County for approval byCommissioners Court and execution by the County Judge. Contractnegotiations have been completed and the District Attorney Civil Section hasreviewed the contract.
Operational Impact
High-level timeline:TaskDevelop the RFPPublish RFPVendor Responses DueEvaluate Vendor ResponsesSelect VendorNegotiate ContractAward ContractTransition
CompletionOctober 2001November 2001January 2002February 2002March 2002April 2002May 2002June thru October 2002
Monthly status updates will be presented to Commissioners Court beginningin late August 200 1.
411 Elm Street Dallas, Texas 75202 214-653-7327
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Financial Impact
This contract has a not-to-exceed value of $419,285. The Office of Budgetand Evaluation will provide the proper funding source.
Recommendation
It is recommended that Commissioners Court approve the contract withClearview Management Consultants with the funding source as identified by
the Office of Budget and Evaluation and authorize the County Judge to Signall contracts and related documents.
411 Elm Street Dallas, Texas 75202 214-653-7327
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CLEARVIEW MANAGEMENT CONSULTANTS, L.L.C.
AGREEMENT
FOR CONSULTING SERVICES
This Agreement (this 'Agreement') is made bv and between Dallas Countv, Texas I"DallasCounty"). a political subdivision of the State of Tex~s, \Vith principal offices at the Dallas Coum.,.-\dmmistrative Building, 411 Elm Street, Dallas, Texas 75202, and Clearnew \IanagemerltConsultants, L.L.C. a Texas Limited Liability Company \Vith an address at 3110 \Vebb ,-\\'enueSUIte 201. Dallas, TX 75205 (heremafter'Consultant·):
In consideration of the mutual covenants and stipulations set forth herem, the partIeshereby agree as follows:
1.0 GOODS AND/OR SERVICES PROVIDED BY CONSULTANT
The Consultant or the Consultant's designated personnel will provide goods and/ or servicesas agreed upon from time to time by Consultant and Dallas County. These goods and/ orservIces and the compensation and any special terms and conditions pertammg thereto shallbe set forth and described in Exhibit A, which may be modified from tIme to time uponagreement of the parties.
All work shall be performed in a workmanlike and professional manner.
Consultant shall have the right to determine the method, details, and means of performmgthe work to be performed for Dallas County. Dallas County shall, however, be entitled toexercise general power of supervision and control over the results of work performed byConsultant to assure satisfactory performance, including the right to inspect, the right tostop work, the right to make suggestions or recommendations as to the details of the work,and the right to propose modifications to the work.
Dallas County and Consultant shall develop appropriate administrative procedures forcoordinating and reporting with each other.
Consultant will perform its work for Dallas County primarily on Dallas County's premisesexcept when such projects or tasks require Consultant to travel off site. Dallas Countyagrees that Consultant can also perform work at his/her primary office. 'Nnile on DallasCounty's premise, Consultant will adhere to Dallas County's standard office policies andprpcedure.s. Dallas County agrees to provide Consultant with adequate workspace, toin9ud.c; at least one private office and one cubicle for the dedicated use of Consultant. Foreach dedicated workspace, Dallas County will provide one analog line for dial access toConsultant's email system, standard telephone services (including long distance access),and other typical workspace amenities.
2.0 BUSINESS RELATIONSHIP
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It is understood and agreed that neither Consultant nor any of Consultants personnelprovIding goods and/ or services to Dallas County shall under any Clrcumstances beconsidered an employee of Dallas County. Nor \\I"i11 Consultant or any such indivIdual beentitled to any of the benefits that the Dallas County provides its employees, mcluding'hithout limitation any leaves of absence.
Consultant, as an independent consultant, 'hill pay, at Consultants expense. all fees,licenses, msurance costs, salaries and other costs and expenses of performmg Consultant sservices hereunder. Consultant is in the business of providing the goods arId or ser;:cescalled for herein to third parties such as Dallas County, Consultant IS and shall be solelyresponsible, at Consultants expense, for payment of all workers accident. mJuf!' and tllnesscompensation. disability benefits, medical insurance, unemployment compensatIOn and allother legal and labor requirements applicable to Consultants goods and/ or sen:lceshereunder whether pertalning to Consultant, personally, or to persons employed bv ordependent upon Consultant.
Consultant is and shall be solely responsible at Consultant's expense for all conmbutIOns.taxes and premiums, including but not limited to FICA, income taxes, 'hithholding taxes,payroll taxes, and unemployment and worker's compensation premiums, payable under anyand all laws measured on or in relation to the sums paid under this Agreement by DallasCounty to Consultant.
3.0 FEES, EXPENSES AND PAYMENT
In consideration of the services to be performed by Consultant, Consultant shall be entitledto compensation described in Exhibit A. Invoices will be paid on a net 30 baSIS enher bycheck or wire transfer. The 30-day period shall not begin to run until after each mVOlce 1Sapproved by the County's MIS Director, John Hennessey.
In addition to the foregoing, with prior \\!Titten approval Dallas County shall pay Consultantits actual out-of-pocket expenses as reasonably incurred by Consultant in furtherance of itsperformance hereunder. Travel will be in accordance with Dallas County's travel policiesand will take advantage, wherever feasible, Dallas County corporate discounts for alrlines,rental cars and hotels. Consultant agrees to provide Dallas County with access to suchreceipts and other records as may be reasonably appropriate for Dallas County or itsaccountants to verify the amount and nature of any such expenses.
4.0 CONFIDENTIAL INFORMATION
Cqns.ultant acknowledges that in order to perform the services called for in this Agreement,it' ,than be necessary for Dallas County to disclose to Consultant certain ConfidentialInformation of Dallas County. Consultant agrees that it shall not disclose, transfer, use,copy, or allow access to any such Confidential Information to any third parties, except asauthorized by Dallas County.
As used herein, the term "Confidential Information" shall mean any scientific or techmcaldata, information, design, process, procedure, formula, or improvement that is commerciallyvaluable to Dallas County and not generally known in the industry. This ConfidentialInformation can be in \\!Titten, visual, oral, or electronic form if declared as such.
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5.0 OW:-iERSHIP OF WORK PRODUCT
'Work Product" shall mean any programming, documentation. data compilations. reports.and any other media, materials. or other objects produced as a result of Consultants \I:orkor delivered by Consultant in the course of performing that work. All Work Product shall beconsidered work(s) made by Consultant for hire for Dallas County and shall belongexclusIvely to Dallas County and its designees.
Consultant may include in the Work Product pre-existing work. intellectual property ormaterials utilized by Consultant as a part of ItS normal business practlces. Such preexistmg materials will remain the property of Consultant. subject to the precedmgparagraph.
6.0 mSURANCE
Consultant shall carry the following mmlmum insurance coverage m a form reasonablyacceptable to Dallas County during the term of this Agreement.
Worker's Compensation Insurance in the amount required by laws of the State of Texas.
Comprehensive General Liability and Property Damage Insurance with bodily injury andProperty Damage limits of $1.000.000 combined single limit.
Dallas County shall be named as an additional insured on the above coverages. Certificatesevidencing such insurance shall be furnished to Dallas County within 30 days of contractslgnmg.
7.0 TERM AND TERMINATION
The term of this Agreement shall commence on the date set forth above and shall continuefor twenty-four (24) months, and thereafter for so long as Dallas County seeks or obtainsservices from Consultant.
This Agreement may be terminated by either party upon written notice, if the other partybreaches any obligation provided hereunder and the breaching party fails to cure suchbreach within sixty (60) days; provided that the cure period for any failure of Dallas Countyto pay fees and charges due hereunder shall be 15 days from the date of receipt by DallasCqun.ty of notice of such failure., .
In A:he' ""event this Agreement is prematurely terminated due to breach or withdrawal byConsultant, Dallas County has the right to monetary restitution from Consultant for the costof interim services and/ or the difference in cost of a substitute contractor performing similarservices and Consultant. This right to monetary restitution includes the right to withholdmonies otherwise owed to Consultant under this Agreement.
8.0 MISCELLANEOUS
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Consultant agrees that it 'Will protect, defend, indemnify, and hold harmless the Countv. Itsofficers and employees from and against any and all claims, demands, causes of a~tlon,damages, judgments, loss and expenses, including attorney fees, of whatsoever nature.character. or descnption that any person or entity has or may have arising from or onaccount of any injuries or damages received or sustained by any person or property onaccount of, arlsing from, or in connection 'l,vith the performance of work by Consultantpursuant to this Agreement, including, without limiting the generality of the foregomg, anynegligent act or omisslOn of Consultant or any agent, servant, employee or subcontractor ofConsultant. Consultant further agrees to protect, indemnify and hold County harmlessagainst and from any and all claims, demands. causes of action, damages. Judgments. lossand expenses, including attorney fees. arising from the breach of any of the requIrementsand provisions of this Agreement by Consultant, its officers, employees. agents d..i'ldsubcontractors.
Consultant shall not be liable to Dallas County for any failure or delay caused by eventsbeyond Consultant's control, including, 'Without limitation, Dallas Countys failure to fUffilshnecessary information, sabotage, failure or delays in transportation or commumcation.failures or substitutions of equipment, labor disputes, accidents, shortages of labor, fuel,raw materials or equipment, or technical failures.
This Agreement shall be governed by, and construed under, .the laws of the State of Texas.The parties agree that this Agreement is entered into, and performable in, Dallas County,Texas; and that all, if any, suits arising under this Agreement shall be brought in Courtslocated in Dallas County, Texas.
The parties are and shall be independent contractors to one another, and nothmg heremshall be deemed to cause this Agreement to create an agency, partnership, or Joint venturebetween the parties. Nothing in this Agreement shall be interpreted or construed as creatmgor establishing the relationship of employer and employee between Dallas County and eltherConsultant or any employee or agent of Consultant.
Any notice or demand which any party to this Agreement wishes to give to any other partyshall be in writing and shall be delivered to the other party by hand or by United Statescertified mail, return receipt requested. Such notices shall be deemed to have been given onthe date delivered, if hand-delivered, and on the third business day following the datedeposited in the mail, if mailed. All such notices shall be addressed to the parties at thefollowing addresses or at such other address as any party may specify to the others inwriting:
Notice to Dallas County:
Attn: Mr. John Hennessey, MIS Director~!,' ';~Dallas County Administrative Building
411 Elm Street, 2nd FloorDallas, Texas 75202
Attn: County Judge Lee JacksonDallas County Commissioners CourtDallas County Administrative Building
Page 4 of9
..
22
411 Elm Street, 2nd FloorDallas, Texas 75202
Notice to Clearview Management Consultants:
Attn: ~1r. Jay LooneyClearview Management Consultants, L.L.C.3110 Webb Avenue, Suite 201Dallas, TX 75205
The follo\Ving documents are incorporated into this Agreement: (1) Dallas County RFP :;02001-096-824; (2) Addendum No. 1 to Dallas County RFP No. 2001-096-824; (3) Clea0':lewManagement Consultants' Best and Final Offer in response to Dallas County RFP No. 2001096-824; and (4) Clearview Management Consultants' Proposal in response to Dallas CountyRFP No. 2001-096-824. To the extent there is a conflict between the terms of thisAgreement and any of the listed documents, this Agreement shall control and the documentsshall be given preference in the order listed herein.
I-'
j
Page 5 of9
23
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by thelrduly authorized representatives, on this the day of _2001.
Dallas County
By:
:-lame: Lee F. Jackson
Title: County Judge
Clearview MaIlagement ConsultaIlts, L.L.C.
By:
Name: _
Title:
""
Approved as to Form:
By: _
Name: John B. Dahill
Title: _
Page 6 of9
24
Exhibit A
OBJECTIVE & SCOPE
Our major activities will include RFP development, management of the response process ande\'aluation of proposals, and contract negotIations to assist the County m procunng a qualIfied IToutsourcing vendor. Our documented deliverables will include:
• A detailed mventory of m-scope equipment and software for inclusion on the RFP:• An mltlallist of potentlal bIdders;• A detailed RFP specifying the Sen/lces to be procured with Service Le\·els. formats tor
proposed pricing, responsIbilities of the Parties, a summary of contractual terms. and thelIke:
• Documented proposal evaluation and bidder selection criteria;• Contractual documents. coauthored with your designated legal counsel; and• A comparison of the finalists' negotiated contractual positions and pricmg for use in makmg
the award decision.
Initially, our project's scope is limited to those functions typically associated with the outsourcingprocurement process. Should we encounter any unforeseen complications or potential scopechanges, we would work with your Project Coordinator, whose responsibilities are described below.to quickly rectify the situation, and then promptly advise you of any resulting scope change.
APPROACH
While we would allocate the project's first day for detailed project planning, the pomts belowproVlde an initial summary of our planned work steps in each of the project Phases. We would \',;ork\V1th your Project Coordinator to assign these tasks to either Consultant or Dallas Countypersonnel and incorporate this data into the detailed plan:
Phase I - RFP Development• Conduct interviews, as appropriate, to gather data for the RFP to include Dallas County's
outsourcing objectives, the procurement's scope, Service defmitions, Service Levels, keyactivities and responsibilities, contract term and termination considerations, financialtargets and pricing vehicles, etc.
• Build and fmalize a prospective bidders list and notify each bidder of the procurement'sschedule
• Conduct and document a detailed inventory of all elements within the procurement'sscope for inclusion in the RFP
• Use Consultant's templates to build an RFP outline for review with appropriate DallasCounty managers
i . -• ' Cotlstruct the fmal RFP draft for Dallas County review, incorporating any suggested
..:chaflges• Publish and distribute the RFPPhase II - Procurement Management and Contract Drafting• Stage a bidders' conference five to seven business days after the RFP's release• Document questions and answers from the bidders' conference and distnbu te them to
each bidder's sales team• Follow up on additional questions with each bidder, ensuring the bidders' adherence to
the procurement's schedule• Schedule and manage bidders sales calls and executive meetings with Dallas County
Page 70f9
25
• In conjunction \\lith Dallas County's legal counsel, build the requisIte draft contractualdocuments using Consultant's contract templates
• Review the draft contractual documents with appropriate Dallas County managers andbUlld and document a negotiation strategy
• Define, quantify and document bidder evaluation criteria via a companson matn...x• Receive and review bidders' proposals then schedule, attend and evaluate theIr
corresponding presentations• Contact each bidder's listed customer references, pursuing "blind' references, as
appropriate• Work wlth appropriate Dallas County managers to evaluate each bidder's proposal,
presentation, and reference checks via the comparison matrix• ASSISt Dallas County in selecting the finalist bidders• Notify each bidder of its status in the selection.
Phase III . Contract Negotiations and Finalization• Imtiate negotiations \\lith the finalists• Schedule and attend site visits to finalists' processing facilities, as necessary• Maintain separate contract drafts for each finalist, keeping each draft current as the
negotiations progress• Reach commercial agreement with each finalist regarding contractual terms and pricing,
and document a comparison as input to Dallas County's decision for the award• Finalize and adjust as necessary the _contractual documents with the selected bidder,
producing an executable document.In addition, we would be pleased to offer our assistance during the critical transition period, Wewould make a separate proposal for this assistance at the appropriate time.
DALLAS COUNTY PARTICIPATION
Our experience in conducting similar projects dictates that Dallas County appoint a ProjectCoordinator to serve as our primary contact point. This person would assist us in scheduling anyrequired interviews, identifying other sources of information, confirming the accuracy of ourfindings and deliverables, resolving information-gathering needs, assuring the involvement ofdesignated Dallas County personnel, and otherwise assisting us in adhering to the projectschedule. Although we will work with your Project Coordinator on a daily basis, our demands onhis/her time prior to the outset of formal negotiations seldom exceed 30 percent over the life of theproject.
PROJECT TEAM RATES AND COSTS
~ TEAM MEMBER HOURLVRATE HOURS TRAVEL TOTAL COSTS !
;'JaVLoonev $250.00 N/ALarrv Estes $200.00 N/ATerrv Gum $200.00 N/ARamon Guerra $100.00 N/ABob Portrie $250.00 N/AKevin Havnes $125.00 N/A
Page 8 of 9
26
\lembers of the project team and their rates are identified m the previous table. Should DallasCounty elect to modify or alter the stated scope, then Consultant would be pleased to presentadditional proposals to address the change request as needed based on the stated hourly rates.
FIXED RATE BID
DESCRlPTION OF EXPENSE COSTS
Consultmg serv'lCes , S419,285 00
\Ve \nll not exceed the fLxed rate bid, unless othenVlse approved m advance by Dallas Coumy.fee IS mclusfve of all serv'ices specified in the ObjectIves and Scope section of thIS ExhIbIt .-\
-r'1 D1S
It IS agreed by the partIes that this engagement is for the fLxed rate, not-to-exceed amount ofS419,285.00, Consultant \NiH deliver an involCe for 1/9 of the total amount at the begInning,middle and end of each phase of the project. Invoices must be approved by the County's :VIISDirector, John Hennessey, prior to submission to the County Auditor. The County shall have noobligation to pay any invoice if not approved by Mr. Hennessey.
OTHER COSTS and FEES
cfEDescnotlon 0 ;xnense osts !
None at this time
Should Dallas County elect to modify or alter the stated scope, Consultant \\Till prOVIde pncing forfees and materials to address requirements of the change request.
",
Page 9 of9
27
DEPARTMENT OF HEALTH AND HUMAN SERVICESHealth Division
....... "...,
BETTY J. CULBREAT~LISTER
DIRECTOR
MEMORANDUM
TO:
FROM:
DATE:
COMMISSIONERS COURT
Betty J. Culbreath-Lister, Director
August 21, 2001
SUBJECT: TEXAS DEPARTMENT OF HEALTH CONTRACT #750009056 2002,ATTACHMENT #17
BACKGROUND
Texas Department of Health (TDH) Contract #7560009056 2002, Attachment #17 (Refugee),provides health screening services for newly arrived official refugees, and the use of bilingual ormultinational workers for outreach, interpretation and health education services. This attachment iseffective October 1, 2001 and will expire on September 30, 2002.
OPERATIONAl IMPACT
Attachment #17 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 #17, Refugee, provides $115,512 for salaries and fringe benefits, $10,200 for travel,$39,745 for supplies and medication, $987 for other, and $22,501 for indirect charges. A total of$218,466 is needed to fund the four (4) staff positions. The difference of $29,521 represents theCounty',s m~tch ..
J)' _.
2377 N. Stemmons FreewaySuite 644· LB 12
Dallas, Texas 75207·2710 Office (214) 819·2100FAX (214) 819·2107
28Commissioners Court
August 21, 2001Page 2
RECOMMENDATION
It is respectfully recommended that the Dallas County Commissioners Court approve Attachment#17 of the Texas Department of Health contract, and authorizes the County Judge to sign thecontract and related documents on behalf of Dallas County.
Recommended by: /~/*'7~Betty Culbreath-Lister, Director
XC: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorRyan Brown, Acting Budget Officer
23n N. Stemmons FreewaySuite 644· LB 12
Dallas, Texas 75207-2710 Office (214) 819-2100FAX (214) 819·2107
ST.UE OF TEXAS
COl'NTY OF TRA VIS
29
~TEXAS DEPARTl\lE~T OF HEALTH
1100 \VEST 49TH STREETAUSTI~, TEXAS 78756-3199
TDH Documem No
The Texas Deparlment of Health, hereinafter referred to as RECEIVI\G AGE\CY, did heretofore enter Into a COntr2et :r,.' :::.r.~
wIth DALLAS COUNTY HEALTH AND Hl'\fAN SERVICES DEPARTMENT heremafter referred to as PERFOR\,!I\G-\GENCY The Qanies theretO now desire to amend such contract attachmem(s) as follows'
SD!\lARY OF TRANS.-\CTION:ATT NO. 17 REFUGEE
All terms and conditions not herebv amended remain in full force and effect.
EXECUTED IN DCPLICATE ORIGINALS ON THE DATES SHOWN.
Authorized Contracting Entity (type above if differentfrom PERFORMING AGENCY) for and in behalf of:
PERFOR"~G AGENCY:
DALLAS COL00tY HEALTH A.."'D HUMANSER\'lCES DEPARTMENt
By: _
(Signature of person authorized to sign)
(Name and Title)
Date:
RECOMMENDED:
Bv: ---r---:-:,..--------------(PERFOFu\,lING AGENCY Director, if different
f~@m pt}{"son authorized to sign contract
RECEIVING AGENCY:
TEXAS DEPARTMENt OF HEALTH
ByJW~J)~(Signature of person authorized to sign)
Melanie A, Doyle, DirectorJ
Grants Management Division
(Name and Title)! IDate: "131/ 01
5B G~1D - Rev :2Xl
Cover Page 1
DETAILS 30 T A C H \1 E N" T S
Financial ASSIstance:\tt/Amd:\0
TDHProgram
ID BegIn
Term
End Source ofFunds·
Amount
DIrectAss Istance
T0[al .4..rnountTDH Share
'1 j. ",\,-, 1 '-'i-'_....,. ...... _IJ t ;,)\~i I
162,566861
188,9..15 001
5.+ i, 192.00,1
1.1.+9,25..100 ii
I
57,863,502861
000
(: f~'{)
000
000,
000
000
i). (]i)
O.!)O
36.30000
5t.76286,..15,07200 i
5133,13..1.86
..1l.356 00 i
..19,365.00 !
19,78300i
2..1..1,20100 !
156.385.00 i10..1.500.00 :
2-"7.02900 :
709,85'+00
188.945.00 I
186,655.00 !
110,804.00 I5'+1.192.00 I
1.157.33800 .
1.809,5--"00
1,015,138.00
1.104.182.00 I
$7,730,368,00 I17 i REFUGEE 'loioliOI 09/30,02! 93000 93,576
10 HIV SRVS 090101 08.3102 State
15 STD/HIV , 09/0LOI ! 08/3U02 iState16 I:-"L\fiLOCALS 09;OLOI 0813102! State 93.268
09 H[VT~IQ 0..1/0101 I 033t02 93.917
11 HIVHEP 09 01 01 0228 "2 State12 IDEAS 090101 083102 93283
OS HIVRW 0..10101 033102 93.917
1.+ TB/PC 09/0LOI 08131/02 State13 BRLHOSLRVEY 09/01.01 i 08/3102 ! State 93.991
83 TB,PC 01'0101! 12.·3101 93.116
I~' STD TR:\G 0..1 0 I 01 <.)3 31 02 93 9i 8
0-" STD HIV 010101 12,3101 93977 939..10
01 H.\:\SE:\S 010101 123101 93215
\i6.\ HI\'RW 'AOI01 03310293917
l)2\ HIV SLRV 010101 , 12/3101 939..1..1 939..10!
IJ)-\ HIV HOPW.\ to-" 0101 1013102 1-" 2-"1
TDH Document ~o, 7560009056 2002 TotalsChange ~o 12
'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
31
GENERAL PROvlSIONS FORTEXAS DEPART:\lENT OF HEALTH GR-\NT CONTR-\CTS
TABLE OF CONTENTS
ARTICLE 123~
56"'II
89
101112
13141516171819202122232425262728293031323334
.i 35,36
/ 373839
PRE.-\.\lBLETER.MFL~Dl).;G
,-\.\IE:..fDME:..fTSAPPLICABLE LA WS AND STANDARDSDEBARMENT AND SuSPENSIONSASSURA."ICESCHILD ABuSE REPORTING REQURE.\IENTSl).;TELLECTUAL PROPERTYHISTORICALLY Ul'<'DERUTILIZED BUSINESSESCONFLICT OF INTERESTCERTIFICATION OF SOFTWARE, HARDWARE, FIRMWARE, ANDMICRO CODE PRODUCTSSTANDARDS FOR FINANCIAL AND PROGRAMiviATIC MA."IAGE.\1ENTBONDINGFU}<TIfNG PARTICIPATION REQlJ1REMENTALLOWABLE COSTS AND AUDIT REQL1RE.\1ENTSTEMfS ~""ID COl'<'DITIONS OF PAYfvfENTADVANCE PAYMENTSPROGRAM INCOMEOVERTIME COMPENSATIONEQUIPfvfENT AND SUPPLIESCONTRACTS WlTH SUBRECIPIENTSCONTRACTS FORPROCURMENTREPORTSINSPECTIONSRECORDS RETENTIONPATIENT OR CLIENT RECORDSCONFIDENTIALITYSANCTIONSSANCTION REVIEWBREACH OF CONTRACTTERMINATIONVOID CONTRACTSEVERABILITYLOCAL HEALTH DEPARTh1ENT PERSONNELSURvlVAL OF TER11SCONSTRUCTION OF AMBIGUITIESNO WAIVER OF SOVEREIGN IMMUNITYCERTIFICAnONS
rIGS) 2002 GENERAL PROVISIONS 0401
32
Any alteration to this document constitutes a counter-offer and must be approved in writing by the Teus Department of Health,
GE:"ERAL PROVISIO:"S FORTEXAS DEPARTME:"T OF HEALTH GRANT CONTRACTS
ARTICLE 1. Preamble
PERFOR..\fI0iG AGE:-:CY and RECEIVr:;G AGE"\'CY (the parties) agree to make and enter into tim zrant(ontract (contract). to faithfully perform the duties prescnbed by this contract and to uphold and abide by Its t~rms
and provisions. This contract consists ofRECEIVf:\iG and PERFOR..\Ir:;G AGE0iCY identifying data. Details c'fAttachmenHs). authorized signatures. General Pro\isions. and Attachment(s) with detailed Scope!s} of \\','rk.Spec ial Prov is ions. budget( s). and exh ib it( s) as appl icable. This contract represents the com plete J,nd ent! reunderstanding and agreement of the parties, No prior agreement or understanding, oral or otherWIse, of the partiesor their agents wIll be valid or enforceable unless embodied in this contract.
The person or persons signing and executing this contract on behalf of PERFORlvlf:\iG AGE0iCY, or representingthemselves as signing and executing this contract on behalf of PERFORMING AGENCY, \Varrant and guarante~
that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf ofPERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms.performances, and provisions.
PERFOR..\1ING AGENCY assures compliance wit~ this contract, including these General Provisions unlessotherwise specified in any Special Provisions of the Artachment(s) to this document. If these General Provisionsare revised or replaced during the term of this contract and PERFORMING AGENCY does not consent to compl;with the modified General Provisions, PERFORMING AGENCY may exercise its termination options In
accordance with the General Provisions, Termination Article.
ARTICLE 2. Term
The time period of this contract shall be governed by the term(s) of the Artachment(s). No commitment ofcontractfunds is permitted prior to the first day or subsequent to the last day of the term. The term may be extended orshortened by amendment(s).
ARTICLE 3. Funding
This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment.PERFORMING AGENCY shall have no right ofaction against the State ofTexas or RECEIVING AGENCY in theevent that RECEIVING AGENCY is unable to fulfill its obligations under this contract as a result of lack ofsufficient funding ofRECEIVING AGENCY for any Attachment(s) to this contract. Iffunds become unavailable.
provi$ioos. of the Termination Article will apply..I
.~ ....
ARTtCLE 4.. Amendments
This contract may be amended only if the amendment is in writing and signed by individuals with authority to bind
all parties.
fLGS) 2002 GENER..-\L PROVISIONS Page 1 O~Ol
33
ARTICLE 6. Debarment and Suspension
PERFO~\'IING AGE~CY certifies by execution of this contract to the follOWing:
• it is not ineligible for participation in federal or state assistance programs under Executive Order12549, Debarment and Suspension, Feb. 18, 1986, 51 Fed. Reg. 6370;
neither it nor its principals are presently debarred, suspended, proposed for debarment. declaredll1eligible, or voluntarIly excluded from participation in this transaction by any federal departmentor agency;
It has not knowlI1gly failed to pay a Single substantial debt or a number of outstanding debts te' J
federal or state agency; and,
.. it is not subject to an outstanding judgment in a suit against PERfO~\tr~rG .~GE~C'r· f\_\rcollection of the balance of a debt.
\Vhere PERFOR..MI'0IG AGE~CY is unable to certify to any of the statements in this Article, PERFOR.\lI:\GAGENCY shall attach an explanation.
PERFORlvUNG AGENCY shall not contract with a subrecipient nor procure goods or services from asubcontractor, at any tier, which is debarred or suspended or is otherwise excluded from or ineligible forparticipation in federal assistance programs under Executive Order 12549.
ARTICLE 7. Assurances
-PERFOR.\rUNG AGENCY shall establish safeguards [0 prohibit employees from using their positions for a purposethat constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
To the extent such provisions are applicable to PERFOR.\1ING AGENCY, PERFOR.\1ING AGENCY agrees tofully comply with the following:
• Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq., as amended (P.L. 88-352), \\hichprohibits discrimination on the basis of race, color or national origin, and includes the provision foreffective communication and equal access to programs, services and activities to persons withLimited English Proficiency (LEP);
• Title IX of the Education Amendments of 1972, 20 USC §§ 1681- 1683, and 1685- 1686, as amended.which prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, 29 USC §794(a), which prohibits discrimination onthe basis ofdisabilities and the Americans with Disabilities Act of 1990,42 USC §§ 12 101 et seq..including the provision for effective communication and equal access to programs, services andactivities to persons with sensory and speech impainnents;
• The Age Discrimination Act of 1975,42 USC §§610l-6107, as amended, which prohibitsdiscrimination on the basis of age;
.••.. The Drug Abuse Office and Treatment Act of 1972, 21 USC §II 0 1 et seq., as amended, relating to
nondiscrimination on the basis of drug abuse;• The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970, 42 USC §290dd (b)( 1), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(LGS) 2002 GENERAL PROVISIONS Page 3
34
J EnvIronmental standards pursuant to the following:(I) Institution of environmental quality control measures under the .'iational Environmental PO!IC\ :\ct
of 1969,'+2 esc §§-n21-'+3'+7 and Executive Order 1151.+, "Protection and Enhanceme'nt ofEnvironmental Qualiry.'·
(2) .'iotification of violating facil ities pursuant to Executive Order 117 38. "Providinsr for.-\dmmistration of the Clean Air Act and the Federal \Vater Pollution Control Act \\ ith Resp~ct toFederal Contracts, Grants. or Loans." .
(3) Protection of wetlands pursuant to Executive Order 11990.(-n E\ aluation of tlood hazards in tloodp!ains in accordance with Executive Order 988
(5) Assurance of project consistency with the approved State \1anagement program de\ eloped und;;;rthe Coastal Zone \lanagement Act of 1972, 16 USC §§ 1.+51 et seq., as amended.
(6) Conformity of federal actions to state clean air implementation plans under the Clean .-\ir-\ct r]955. as amended. .+2 USC §§ 7'+01 2t seq.
(7) Protection of underground sources of drinking \vater under the Safe Drinking \\'ater .-\ct 0 f 9- 4..+2 USC §§300f-JOOj, as amended.
(8) Protection of endangered species under the Endangered Species Act of 1973. 16 esc §153! e[
seq., as amended.
K. The Hatch Political Activity Act 5 USC §§7321-26, which limits the political activity of employeeswhose principal employment activities are funded in whole or in part with federal funds.
L. The Federal Fair Labor Standards Act and t~e Intergovernmental Personnel Act of 1970, as applicable.concerning minimum wage and maximum nours.
M. General Appropriations Act, Regular Session, 76th Legislature, 1999, Article §9-6.13, pp. IX-39&.+0."Limitation on Grants to Units of Local Government." For the purpose of §9-6.13, "unit of localgovernment"' shall mean a council ofgovernments, a regional planning commission, or a sim ilar regionalplanning agency created under Chapter 391, Local Government Code; a Local Workforce DevelopmentBoard; or an MI-L\1R community center.
N. Texas Government Code, Chapter 573, relating to nepotism.
O. Texas Government Code, Chapter 552, relating to open records and public information.
P. Texas Government Code, Chapter 551, relating to open meetings.
Q. Texas Occupations Code, Chapter 1701, as amended, and all rules adopted by the Texas Commission onLaw Enforcement Officer Standards and Education pursuant to Chapter 1701, as amended, relating toregulated law enforcement agencies.
PERFORJ.\1ING AGENCY shall ensure that the facilities under its ownership, lease or supervision which will beutilize4, in-the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list ofViolatfhg F~ciIlties and shall notify the Federal grantor agency of the receipt of any communication from theDirector of the EPA Office of Federal Activities indicating that a facility to be used in the project is underconsideration for listing by the EPA (Executive Order 11738).
(LGS) 2002 GENERAL PROVISIONS Page 5
35
ARTICLE 9. Intellectual Propertv
Texas Health and Safety Code § 12020('1). as amended. authorizes RECEIVf.\G AGE0:CY to apply for. reC;lster.secure. hold. and protect a patent. copyright. trademark or other ey idence of protection or exclusiy itv Issued in orfor Intellectual property. . .
"Intellectual property" consists of inventions: discoveries: Improvements to any process. machine. manufacture. orcomposItion of matter: products: technology: SCientific Information: trade secrets: computer sotnvare: iltera,\\yorks: mUSical \Yorks with any accompanying \yords: dramatic works \Ylth any accompan~ lng musIC: pantomime'sand choreographic works: pictOrial. graphic. and sculptural yyorks: motion pictures and other audlo\ Isual \\or~s.
sound recordings: architectural works: Y\ords. names. symbols. devices. slogans or any combinatlon thereof\\hlchhave been adopted and used by RECEIVf.\G AGENCY to identify goods and/or services and distinguish them fromthose of others: and an~ other creative v,orks If they may be protected by a patent. copyrIght. trademark. ser\ Icemark. collective mark. or certification mark or other eVidence of protection or exclusiVity \\ hether or not protectionor exclusivI~ has been applied for or received.
"Mark," for purposes of trademark and service mark, includes a word, name. symbol. device, slogan or anycombination thereof which has been adopted and used by RECEIVrNG AGENCY to identify goods and';'or servlce'sand distinguish them from those of others. Federal trademark law also provides for collective marks andcertification marks.
"Patent" protects any new and useful process, machine, manufacture. or composition of matter, or any neyv anduseful improvement.
"Work made for hire," a concept under copyright law, is a work prepared by an employee within the scope of his orher employment: or a work specially ordered or commissioned for use as a contribution to a collective work. as apart of a motion picture or other audiovisual work. as a translation, as a supplementary work, as a compilation. as aninstructional text. as a test, as answer material for a test, or as an atlas, and the parties expressly agree In a writTeninstrument signed by them that the work shall be considered a work made for hire.
The term "works," for purposes offederal copyright law, includes software; literary works; musical works with anyaccompanying words; dramatic works with any accompanying music; pantomimes and choreographic works;pictorial. graphic, and sculptural works; motion pictures and other audiovisual works, sound recordings andarchitectural works.
All work performed that results in the production oforiginal books, manuals, films, or other original material is theexclusive property of RECEIVING AGENCY. All right, title, and interest in and to said property shall vest inRECEIVrNG AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" forcopyright purposes and made in the course of the services rendered pursuant to this contract. To the extent that titleto any such work may not, by operation of law. vest in RECEIVrNG AGENCY or such work may not be considereda work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIYrNGAGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,copyr~ghrs... trademarks, service marks, certification marks, collective marks, registrations, or such other protectionas may be appropriate to the subject matter. and any extensions and renewals thereof. PERFORJ\1rNG AGENCYshall ensure all rights, titles, and interest in and to the intellectual property are secured to RECEIVrNG AGENCYfrom PERFORJ\1ING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIYrNGAGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by
rLGS) 2002 GENERAL PROVISIONS Page 7 0401
36
If PERFO~"lfNGAGENCY subcontracts a portion of this contract. PERFORMNG AGE~CY agrees to make agood faith effort to subcontract with HLBs dUring the performance of its contract Attachment(s) wi~h RECEIVI",G,-\GE~CY and will rep.ort HlJB subcontract activity on a quarterly basis to RECEIVNG AGENCY .
.-\RTICLE 1L Conniet of Interest
PERFO~"lI:-';G.-\GE~CY does not have nor shall it knov'iingly acquire any interest that would contlict in an\
manner with the performance of its obligations under thIS contract. Potential contllcts of Interest Include J~:
existing business or personal relationship bet\veen PERFO~\II~G AGENCY. ItS principaL or any affiliate orsubrecipient With RECEIVfNG AGENCY. its board members. officers or employees. or any other entity or perSl'r:involved in any way in any project that is the subject of this contract.
ARTICLE 12. Certification of Software. Hardware. Firmware and :\licro Code Products
PERFORMING AGENCY certifies that any supplied or supported software. hardware. firmware. and microcode products used individually or together as a system to comply with RECEIVING AGENCY contractrequirements will operate "accurately" in the manner in which they were intended when given a "valid date"containing century. year. month. and day,
For purposes of this Article, "supplied or supported software. hardware, firmware. and micro code products"does not include software supported by RECEIVING AGENCY or an agency of the federal government.
PERFOIU",HNG AGENCY is responsible for installing and implementing any versions of any software providedby RECEIVING AGENCY or an agency of the federal government which is used in performance of this contract.
For purposes of this Article,
a) "accurately" is defined to include the following:1) calculations must be correctly performed using four-digit year processing;2) functionality-an-line, batch including entry. inquiry. maintenance and updates must support four-digit
year processing;3) interfaces and reports must support four-digit year processing;4) processing with a four-digit year must occur without human intervention;5) correct results in forward and backward date calculation spanning century boundaries must be
provided;6) correct leap year calculations must be performed; and.7) processing correct results in forward and backward date calculation spanning century boundaries
must occur;
b) "date integrity" shall mean all manipulations of time-related data (dates. durations, days of week, etc.) willproduce desired results for all valid date values within the application domain;
f ~ ....
ci' "ekplicit century" shall mean date elements in interfaces and data storage permit specifying century toeliminate date ambiguity;
d) "extraordinary actions" shall be defmed to mean any action outside the normal documented processingsteps identified in the product's reference documentation;
(LGS) 2002 GENERAL PROVISIONS Page 9 O·VOI
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PERFORMING AGENCY must bill all third party payers for services provided under the Attachmentl S) beforesubmitting any request for reimbursement to RECEIVING AGENCY. A third parry payer is any person or entItywho has the legal responSIbility for paying all or pan of the services provided, including commercial health orliabilIty insurance carriers,. Medicaid. or other federal, state, local and private funding sources. Third Dartvbilling functlons will be provided by PERFORMING AGENCY at no cost to the client. PERFOR..\iI~G
AGENCY or ItS subrecipient must become a Medicaid provider if performing approved Texas \fedicaId serVIcesJuthorIzed by the .\ttachmentls)
PERFOR..\II:-:G AGE~CY and its governing body shall bear full responsibility for the integrir: of the llseJI Jncprogrammatic management. Such responsibility shall include: accountabilir: for all funds :lnd mateflJls reeel\ edfrom RECEIVING AGE:..iCY: compliance with RECEIVf1\;G AGE:..iCY rules. policies. procedures. and JpplleJblefederal Jnd state laws and regulations: and correction of fiscal and program deficiencies identified through selfevaluation and RECEIVNG AGE:..iCY·S monitoring processes. Ignorance of any contract pro\ lsions eX otherrequirements contamed or referenced in this contract shall not constitute a defense or basis for \\:li\mg or apf'ealln:;such prOVisions or requirements.
ARTICLE 14. Bonding
PERFOR..\fING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to theamount of funding provided under the contract Attachment(s) up to $ I00,000 that covers each employee ofPERFOR.J\fING AGENCY handling funds under this contract, including person(s) authorizing payment of suchfunds. The fidelity bond, insurance, or self-insurance will provide for indemnification oflosses occasioned by: I)
any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY'S employees, eitherindividually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to
perform faithfully his/her duties or to account properly for all monies and property received by virtue of his. herposition or employment.
ARTICLE 15. Funding Participation Requirement
PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes insecuring other funding unless directed or approved by RECEIVING AGENCY.
ARTICLE 16. Allowable Costs and Audit Requirements
Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles areeligible for reimbursement under this contract. Applicable cost principles, audit requirements, and administrativerequirements are as follows:
Applicable Cost Principles'"
OMS Circular.A-87, State,Localand·Jribal Governments,
Audit Requirements'"
OMB Circular A-133 and UGMS
AdministrativeRequirements'"
UGMS
• OMB Circulars shall be applied with the modifications prescribed by UGMS.
.t
IIGS) 2002 GENERAL PROVISIONS Page II Q·tOI
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RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offsetreimbursement for any ineligible expendirures that PERFORMING AGENCY has nor refunded to RECEIVINGA.G ENCY. or if financial status repoms) required under the Reports Article are not submitted bv the date IS) dueRECEI\'ING AGENCY may take repayment from funds available under any contract Attachment. actlve orexpired. in amounts necessary to fulfill PERFORMING AGENCY repayment obligations.
ARTICLE 18. Advance Pavments
PERFORMING AGENCY may request a one-time advance for each Attachment only to meet Immediate nee_ r'orcash disbursement. PERFORMf0;G AGENCY must make the request on State of Texas Purchase Voucher.accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY'SFinancial Administrative Procedures 0.-1anual. The advance shall be requested at the beginning of the applicable:\ttachment period or at a later time in the applicable Attachment period if circumstances so warrant...\.ppro\ al ofthe request for advance \vill be at the discretion ofRECEIVr;..IG AGENCY. If the request is approved. the \oucher\\ ill be processed; if disapproved, RECEIVfNG AGENCY will provide written notification to PERFOR.\lfNGAGENCY.
RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term of the applicableAttachment(s). For each Attachment. the amount of the advance shall not exceed the amount of the Attachmentdivided by the number of months covered by the Attachment multiplied by two (2). Advance funds will beexpended during the applicable Attachment term so that, after the final monthly billing, PERFOR.\-lING AGENCY\vill not have advance funds on hand. -
If the Attachment is amended to increase or decrease the total amount of funding, RECEIVING AGENCY mayadjust the amount of allowable advance in accordance with the above formula. If PERFORJ'YHNG AGENCY isrequesting an upward adjustment, PERFOR.\HNG AGENCY must submit a written justification and State ofTexasPurchase Voucher in the amount necessary to correct the ratio. If the adjustment is downward, RECEIVfNGAGENCY will determine the amount of adjustment to the advance and the method of repayment.
ARTICLE 19. Program Income
PERFOR.\lING AGENCY may, but if a local health department shall, develop a fee-far-service system and aschedule offees for personal health services in accordance with the provisions of Health and Safety Code § I 2.03 I;the Texas Board of Health rules covering Fees for Clinical Health Services, 25 TAC § 1.9 I; and other applicablelaws. No patient may be denied a service due to inability to pay.
All revenues directly generated by an Attachment(s) supported activity or earned only as a result of theAttachment(s) during the term of the Attachment(s) are considered program income. Program income will beused by PERFORMING AGENCY to further the program objectives of the state/federal statute under which theAttachment(s) was/were made, and it shall be spent on the same project in which it was generated.PERFORMING AGENCY shall identify and report this income utilizing the forms and time frames specified inthe R~poitS Article of these provisions.
~ • 7.......··"
PERFORMING AGENCY shall utilize one of the following methods for applying program income:
A. Additive method - add the program income to the funds already committed to the project by bothparties.
rLGS) 2002 GENERAL PROVISIONS Page 13 o.t 01
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no longer needed to perform services under the contract or becomes inoperable, PERFOR..'vlING AGENCY shailrequest dispositIon instructions in writing from RECEIVING AGENCY.
Lpon term ination or expiration of applicable Attachment( s) that are not renewed, title to any remaining equipmentJnd supplies purchased from funds under this contract reverts to RECEIVING AGENCY Title mav be transferredto any other party deSignated by RECEIVfNG AGENCY. RECEIVfNG AGENCY may, at ItS option Jnd to theextent allo\\ed by law, transfer the reversionar} Interest to such property to PERFOR\lfNG AGE"\"CY
ARTICLE 22. Contracts with Subrecipients
PERFOR..\1rNG AGENCY may enter into contracts with subrecipients unless restricted or othenvlse prohdJlted n
specifiC Attachment(s). Prior to entering into an agreement equaling S25,000 or 25% ofan Attachment. \\ !llche" eris greater, PERFOR..\!ING AGENCY shall obtain written approval from RECEIVING .-\GENCY
Contracts with subrecipients shall be in writing and must include the following:
name and address of all parties;a detailed description of the sen·ices to be provided;measurable method and rate of payment and total amount of the contract;
• clearly defined and executable termination clause;• beginning and ending dates which coincide with the dates of the applicable contract ,-\ttachmentls)
or cover a term within the beginning and ending dates of the .applicable contract Attachmentls L
• records retention requirements consr;tent with UGMS;• access to inspect the work and the premises on which any of the v,,·ork is performed, in accordance
\vith the Inspections Article contained in this contract; and,• all clauses required by state/federal statutes, executive orders, and their implementing regulations
PERFOIUvHNG AGENCY agrees that all contracts with subrecipients containing a categorical budget shall includeaudit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, asappropriate,
PERFORJvlING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient.PERFORMING AGENCY will monitor both financial and programmatic performance and maintain pertinentrecords that will be available for inspection by RECEIVING AGENCY.
PERFORMING AGENCY shall ensure that:
•
•
.!•
"J- •
•
(LG~)
subrecipients are fully aware of the requirements imposed upon them by state/federal statutes andregulations;subrecipients comply with all financial management requirements as defined by RECEIVINGAGENCY, UGMS and the applicable OMB circulars;subrecipients complete required audits;an adequate tracking system is maintained to ensure timely receipt of any subrecipient' s requiredaudit reports and the resolution of any findings and questioned costs cited by these reports; and,thatRECEIVING AGENCY is immediately notified in writing of alleged or actual misuse ormisappropriation of contract funds by subrecipients,
2002 GENERAL PROVISIONS Page 15 0401
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Form GC-.+a). not later than 90 days follo\ving the end of the Attachment term( s). PERFORMING AGENCY shallsubmit a State of Texas Purchase Voucher with the final financial repon if all costs have not been recovered. orPERFOR..\!f\rG AGENCY shall refund excess monies ifcosts incurred \\ere less than funds recel\eJ.
PERFOR..\!f:\!G AGENCY shall submit program and progress repons required by RECEIVING AGENCY in theformat agreed to by the panies. PERfoR..V1 mG AGENCY shall provide RECEIVmG AGENCY other reoortsincluding tinancial reports RECEIVf\rG AGENCY determines necessary to accomplish the oblectlves at' thiScontra.:t and to monitor .:ompliance. If PERfORMING AGENCY is legally prohibited from providln£! su.:hreports. it shall immediately notify RECEIVmG AGENCY. -
ARTICLE 25. Inspections
RECEIVING :\GENC'r' and. \\hen federal funds are involved. any authorized representatlve(s) of the federalgovernment have the nght. at all reasonable times. to inspect or other.vise evaluate the work (including reI, ie\\ s ofe Iient or patient records and discussions with staff) performed by PERfOR..\,;IING AGENCY and its subrec ipient! 5 lifany, and the premises on \vhich the work is being performed. PERfoR..\:1mG AGENCY and its subreclplent(s)shall panicipate in inspections and provide reasonable access, facilities, and assistance to the representatives. Allinspections and evaluations will be conducted in such a manner as will not unduly interfere with the work.
PERfOR..rv1ING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federalgovernment, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertmentbooks, documents, papers, and client or patient records, if any, for the purpose of making audit. examination.excerpts, and transcripts of transactions related to camract Attachment(s). RECEIVrNG AGENCY \vill have theright to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right ofRECEIVING AGENCY to recover excessive or illegal payments.
Any deficiencies identified by RECEIVING AGENCY upon examination ofPERfOR..V1ING AGENCY'S recordswill be conveyed in writing to PERfORMING AGENCY. PERFOR..\:1ING AGENCY'S resolution of findings wIiIalso be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVmG AGENCY'Sfindings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of thefindings may result in sanctions which will remain in effect until RECEIVING AGENCY determines thedeficiencies are properly remedied.
ARTICLE 26. Records Retention
PERfORMmG AGENCY shall retain and preserve all records relating to this contract generated or collected byPERFORMING AGENCY or subgrantee thereof according to Texas Government Code §441.006, 13 TAC §6.10,RECEIVING AGENCY'S certified records retention schedule, and UGMS, Part III, "State Uniform AdministrativeRequirements for Grants and Cooperative Agreements," Subpart C - Post-Award Requirements, item _.'+2. Anyrecord held by PERFORMING AGENCY which is not identified in the referenced retention schedules will beretained by PERFORMING AGENCY for a period of three years from the date of the last expenditure reportsubm4ned under contract Attachment(s) or until all audit questions are resolved, or until any court order(s) requiringrecorchet~nlion are dissolved, whichever time period is longer. PERFOR...\1ING AGENCY shall retain medicalrecords in accordance with the governing rules or regulations which may be applicable.
(LGS) 2002 GENERA.L PROVISIONS Page 17 0..,01
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the statute, rule, regulation, or guideline can be read together \vith the provision(s) of this Article to gIVe effect toboth. -
RECEIY'f.\;G AGE~CY may
A.. termInate all or a part of the contract. TermInation is the permanent withdrawal of PERFOR\lf\G.-\ GENCY' S au thorny to ob ligate prey IOUS Iy .1\\ arded funds before that authorit\. would otherv\ Ise e\DI reor the voluntary relInquishment by PERFORMING AGENCY of the authori;" to obligate prevlo~sl\Jv\arded funds. PERFOR.,\lING AGENCY costs resulting from obligations Inc~rred by PERFOR~\l[N(':;AGENCY after termination of an award are not allowable unless expressly authorized by the :"h)tl-:e ortermination. Termination does not include: (I) withdrawal of funds awarded on the baSIS ,·fPERFOR.,vlI0:G .-\GENCY' S underestimate of the unobligated balance in a prior period: (:.) V" Ithdravu!of the unobligated balance as of the expiration of a contract: (3) refusal to extend a contract or .1V\ Jrcadditional funds. to make a competing or noncompeting continuation, rene\\al. e\tenslcn. c'rsupplemenral award; or (4) voiding of a contract upon determination that the award \\ as obLllndfraudulently, or was other.vise illegal or invalid from inception;
B. suspend all or part of the contract. Suspension is, depending on the context, either (I) the temporarywithdrawal of PERFORMING AGENCY'S authority to obligate funds pending corrective action byPERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the contract,or (2) an action taken by a suspending official in accordance with agency regulations implementIngExecutive Order 12549 to immediately exclude a person from participating in contract transactions for aperiod, pending completion of an investigation and such legal or debarment proceedings as may ensue.PERFORMING AGENCY costs resultmg from obligations incurred by PERFOR.,\1ING AGENCYduring a suspension are not allowable unless expressly authorized by the notice of suspension:
C. disallow (deny both use of funds and matching credit for) all or part of the activities or action not incompliance;
D. temporarily withhold cash payments. Temporarily withholding cash payments means the temporarywithholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) forproper charges or obligations incurred, pending resolution of issues of noncompliance with contractconditions or indebtedness to the United States or to the State of Texas;
E. permanently withhold cash payments. Permanent withholding ofcash payment means that RECElv1NGAGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) unallowable.undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to comply with contractprovisions; or c) indebtedness to the United States or to the State of Texas;
F. deny contract renewal or future contract awards to a PERFORMING AGENCY;
0. . Cielay contract execution with PERFOR...\1ING AGENCY while other imposed or proposed sanctions are.Rending resolution;
H. place PERFOR...vfING AGENCY on probation. Probation means that PERFOR...\11NG AGENCY will beplaced on accelerated monitoring for a period not to exceed six months at which time items ofnoncompliance must be resolved or substantial improvement shown by PERFOR...\tlING AGENCY:
ILGS) 2002 GENERAL PROVISIONS Page 19 O~Ol
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PERFORMfNGAGENCY is reimbursed or requesting reimbursement for expenditures which are not inaccordance \\ith applicable federal or statel:1\\s and regulations or the provisions of the COntract: orPERFOIUvHNG AGENCY IS expending funds inappropriately .
\Vhether PERFORMING ..\GENCY·S conduct or inaction is an emergency shall be determined bv RECEIVI'\"G.-\GENCY on a case-by-case basis and shall be based upon the egregIOUS nature of the noncomplia~ce or conduct
ARTICLE 30. Sanction Re\:iew
PERFORMING AGENCY may request a review of the imposition of the following sanctions: terminatIon ofall,'rpart of the contract. suspension of all or part of the contract. permanent withholding of cash payments. reductIon ofcontract funding or other contract amendment resulting from noncom pliance. and den iii of contract rene\\ a I ()rfuture contract awards.
PERFOR.i\HNG AGENCY must make the request for review in writing to RECEIVING AGENCY \\ithin fjfteen(15) days from the date of notification by providing wrinen notice of the dispute to the person who signed thenotification.
PERFOR.iVfING AGENCY'S notice shall contain the following: (I) a copy of the lener from RECEIVINGAGENCY notifying PERFOR.iVfING AGENCY of the sanction; (2) a specific description of each act that is thebasis for the dispute; (3) the grounds upon which PERFORMING AGE1':lCY bases the complaint; (4) anidentification of the issue or issues to be resolved: (5) a precise statement of the relevant facts: (6) anydocumentation in support of PERFORMING AGENC~'S position; and (7) a statement and authorities in support ~fPERFOR.iVfING AGENCY'S position. -
Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists ofany of the followingdocuments: (1) signature on delivery card; (2) confirmation of a facsimile to the correct telephone number: or (3)
signed acknowledgment of delivery.
RECEIVING AGENCY'S representative will schedule a meeting or a conference call to anempt to resolve theissues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If thedispute is not resolved, RECEIVING AGENCY'S representative will notify PERFORMING AGENCY in writing.RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or requireadditional information and who may grant, deny, or modify all reliefrequested in the wrinen notice ofdispute. Thereviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision and theremedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable means. Thedecision of the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of furtherproceedings.
A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Articleunless the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article
I .•
to give ,effect to both.. ...'"'..."
ARTICLE 31. Breach of Contract
Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law.
(LeS) 2002 GENERAL PROVISIONS Page 21 O·tOI
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(iii) PERFOR.MING AGENCY admits in writing its inability to pay its debts generall\as they become due: or - .
(iv) Ifjudgment for the payment of money in excess of550,000 (which is not coveredby insurance) is rendered by any court or governmental bodv agaInstPERFORMING AGENCY, and PERFOR1\rUNG AGENCY does not (a)' disc-hargethe judgment or (b) provide for its discharge in accordance With its tenns. or I~I
procure a stay of execution \vithin 30 days from the date of entry thereof. and\\ ithin the 30-day period or a longer period during \\hlch execution of theJudgment shall have been stayed. appeal therefrom and cause the executionthereof to be stayed during such appeal while providing such reserves therefore asmay be required under generally accepted accounting pnnclples.
C. Emergency termination. In emergency circumstances. RECEIVf'iG AGE~CY may terminate thecontract immediately upon notice to PERFOR..\1f'iG AGENCY by any verifiable means. "Emergency"is defined in the Sanctions Article.
Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives noticeof its intent to tenninate all or a part of this contract. RECEIVING AGENCY and PERF0R1\1ING AGENCY \villtry to resolve any issues related to the anticipated termination in good faith during the notice period. Upontermination of all or part of this contract, RECEIVING AGENCY and PERFOR.,\1ING AGENCY will bedischarged from any further obligation created under the applicable tenns of this contract except for the equitablesettlement of the respective accrued interests or obligations incurred prior to tennination. Tennination does not.however, constitute a waiver of any remedies for breach of this contract. In addition. the obligations ofPERFOR.,\r1ING AGENCY to retain records and maintain confidentiality of infonnation shall survive this contract.
ARTICLE 33. Void Contract
RECEIVING AGENCY may hold a contract void upon its detennination that the contract award was obtainedfraudulently or was otherwise illegal or invalid from its inception.
ARTICLE 34. Severability
If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemedstricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue.
ARTICLE 35. Local Health Department Personnel
All local health department personnel funded by Attachment(s) to this contract are employees ofPERFOR1\IINGAGENCY which will be responsible for their direction and control and liable for any of their acts or om issions.
PERFOR.MING AGENCY will have in place legally sufficient due process hearing procedures for all of itsemplotees filli~g state-budgeted positions.
PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transferwithin its organization any and all state-budgeted personnel funded by Attachment(s) to this contract provided.however, that any demotion, suspension, or discharge of such state-budgeted employees will be in accordance withthe due process hearing procedures as set out above. The only distinction between state-budgeted and local paid
ILGS) 2002 GENERAL PROVISIONS Page 23 04/01
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THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTR-\CT IS N .-\..~·Y WAYh\TEl'o1)ED TO CONSTITUTE A WAI\'1:R OF .-\..~-y IMMlT1'1TIES FROM SnT OR FRO~ILLWILITITHAT THE PARTIES OR THE STATE OF TEX.AS MAY HAVE BY OPER-\TION OF LAW.
ARTICLE 39. Certifications
The gO\ernlf1g body of each parry has authorized this contract. RECEIVING AGE,,-:CY IS pa: 109 for theperformance of governmental functions and services from current revenues availabie to RECEf\T"-:G AG E"-:C1'The payment is in an amount that fairly compensates PERfoR,'vI ING AGE"-:C1' for the Sef\H.:es or functionsperformed under the contract.
. .<I
rIGS) 2002 GENERAL PROVISIONS Page 25 a·tOl
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DOCU\fENT NO, 7560009056-2002ATT,-\CH\fENT NO, 17
PERFOR.\fING AGENCY: DALL-\S COL:-:TY HE.-\L TH AND HU\1AN SERVICESDEPART\1ENT
RECEI\T\G ,-\GENCY PROGR.-\\l REFUGEE HE.-\L TH SCREENING PROGR.-\\!
TER\ 1 October iJ 1. '::i)O 1 THRU September 30. '::00'::
SECTION [ SCOPE OF WORK:
PERFOR.\fING .-\GENCY shall pro\ide health-screening ser\ices for ne\\1\ arn\drefugees and report the senices to the RECEI\'ING .-\GENCY,
PERFOR.\lING AGENCY shall enhance and augment all specified ser\'ices through use ofcontract Attachment funds for the primary purpose of providing health assessment.PERFORMING AGENCY shall use bilingual or multilingual workers for outre:1ch.interpretation and health education services for ne\vly arrived official refugees.
At least weekly, PERFOR.\1ING AGENCY shall contact all voluntary agencies (\'olags)providing ser\'ices for refugees arriving in the jurisdiction served by PERFOR.\HNG 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 follo\'/-up care as appropriate to the refugee's particular need, as stated in the "\1edicalScreening Protocol for Newly Arriving Refugees", United States Department of Health andHuman Ser\'ices (DHHS), Office of Refugee Resettlement (ORR), November 11, 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-lS7 "\1edicalExamination of Applicants for United States Visas";
2. Review of immunization status and administration of vaccines, as appropriate;/,3,. Tu.berculosis screening involving giving and reading of a Mantoux Purified Protein/' D~rivative (PPD) skin test, appropriate referral for evaluation and follow-up treatment or
prophylaxis, if indicated;
ATTACHMENT - Page 1
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4. Parasite examination including collection and laboratory examination of stool specimens.Jnd treatment of identified infectlOns:
.; Physical examination. including heart, lungs, ear. nose, and throat (E0.'T). skine\a!uation, eyes-vision, ears-hearing, height, weight. blood pressure. hematocrit.nutritional status. gross dental inspection. and development level:
6. Sexu:.llly tr:::msmitted disease (STD) follow-up for STDs identified on OF-157:
General Jssessment of orientation to place. date. time (mental status):
8 Other lJboratory ser\·ices. screening tests. or referrals. when indicated by history. It1lUl
assessment. age. sex. or particular refugee subpopulation. per the \ledical SCreer11r1.2ProtocoL and Additional Age Specific Recommendations;
• Complete blood count or red blood count (RBC);• Lead level;• \falaria 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 (HCG) 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 routinej, .~.re) if any screening tests are significantly abnormal;
,,',
2. Referral for routine medical or dental care;
ATTACHMENT - Page 2
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3. Community/health referrals as appropriate, e.g. social services, mental health, publichealth (women, infants & children (\V1C), family planning, children's health. etc.).rehabilitation. etc.; and
..f. 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 appropnate \\lth aparticular refugee subpopulation.
PERFOR\lING .-\GENCY shall comply with the following:
• The Immigration and Nationality .-\ct. 8 USc. ~§ 152 - 152: and• Chapter 81. Health and Safety Code.
PERFOR\fA.t\CE MEASURES:
The following performance measures shall be used to assess, in part. the PERFOR.c\ff?\GAGENCY'S effectiveness in providing the services described in this contract Attachment,without waiving the enforceability of any of the other terms of the contract:
• PERFOR.cvff?\G AGENCY shall return a Refugee Health Assessment Form (RHAF) for100% of the refugees arriving or moving to the program service area;
• PERFORi\1ING 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 \vill be submitted to RECEIVf?\G AGENCYProgram as they are completed; and
• PERFORivHNG AGENCY shall document 75% of referral outcomes.
PERFOR1v1ING AGENCY shall provide services to clients who live or receive services in thefollowing area county(ies): Dallas.
PERFORi\1ING AGENCY shall submit biannual reports to RECEIVING AGENCY Programthat shall include:
1. Significant changes in the refugee population;
../2. "Noteworthy achievements and/or major problems in providing screemng services in
j general, or to any specific population group;
AITACHMENT - Page 3
48
3. Report of completed referrals for conditions identitied. Biannual reports are due thirty(30) days after the end of the sIxth month and the t\velfth month of the contract:\ttachment term.
SECTIO:\ [I. SPECIAL PROVISIO:\S:
RECE[\T\G .-\GE:\CY pro\'ides funds to PERFOR.\f!:--:G AGE:\C{ under this ,-\ttach111entintended to det'rZly costs incurred by local go\ernments in providing health screening sel\ices toot't'icially ::mi\ing refugees, :\merasian immigrants. asylees. and parolees from Cuba and Halt!.Eli;,zible services slnll be initiated. \\ithin ninetv (90) davs of the refugee's arrival in the l'rweJ
'- ~..' I .. .......
StZltes. or (hte Zlsylum is granted,
RECE[\T\G .-\.GE:\CY shall pro\ide PERFOR.\f!).'G AGE:\CY daily/weekly notitic::nion ot'official arrivals and an RHAF for each refugee. PERFORMmG AGENCY agrees to completeeach RHAF and return it to RECEIVI:--:G AGE).'CY within thirty (30) days of providing the
. .screenmg ser\'lces,
Funds provided to PERFORi\;UNG AGENCY by RECEIVING AGENCY under this contractAttachment shall be used to support a program that provides health assessment services to
refugees, 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, PERFORi\;lING AGENCY slrall maintain financialrecords that adequately identify the source and application of funds provided.
Services provided under this contract Attachment shall be conducted in a manner that takes intoaccount the ethnic and cultural origins of the recipient of the services and make every effort toensure 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:
• PERFORi\1ING AGENCY may enter into agreements with subrecipients with prior\\Titten approval of RECEIVING AGENCY. PERFORMING AGENCY shall beresponsible to RECEIVING AGENCY for the performance of any subrecipients.
ATTACHMENT - Page 4
49
SECTION III. BUDGET:
PERSOi\"NEL .
FRI0rGE BE0rEFITS
TR..-\VEL
EQUP\lE:"-T
SLPPLIES
CO:"-TR..-\CTUAL
OTHER
TOTAL DIRECT CHARGES
I0rDIRECT CHARGES
TOTAL
Total reimbursements will not exceed S188,945.00 .
S91.578.00
23,934.00
10,200.00
000
0.00
987.00
S166"+44.00
S22,50 1.00
S188,945.00
Financial status reports are due the 30th of January, 30th of April, 30th of July, and the 30th ofDecember.
The indirect cost amount sho\VTl 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 shoVvTI above,except by prior Mitten approval of RECEIVING AGENCY.
J
AITACHMENT - Page 5
CERTIFIC.-\.no:\" R
CERTIFICAno:\" FO 50LOA~S A:\"D COOl
r~G LOBBYI~G
{.-\.CTS. GR-\~TS.
E AGREE~IE~TS
The undersigned certifies. to the best of his or her knowledge and belief that:
( I )
(2)
(3 )
:\"0 federal appropriated funds haH 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 connection \\ith the awarding of an:federal contract. the making of any federal grant. the making of any federal loan. theentering into of any cooperatiye agreement. and the extension. continuation. rene\\ ~ll.
amendment. or modification of any federal contract, grant, loan, or cooperati\eagreement.
If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of an:agency, 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 cooperatiH agreement, the undersigned shall complete and submit StandardForm-Ill, "Disclosure Form to Report Lobbying," in accordance \yith it'sinstructions.
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 imposed by Section 1352, Title 31, C.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of notless than 510,000 and not more than 5100,000 for,i~~ s.y:c~. f~iI:ure.. . . . . . . . .
:.:.:.:<.:«':-: ::z:Ut~:' ",,-
=:-----------------~:.=~~-------Signature : .: .: <.: <-: .:- :- : "" Z Date
Print Name of Authorized Individual
-56::09056 2002-17Apph~~tlOn or Contract Number
j
:.:'.7" ;.:..5 CCC~TY ~::ALTH tl.J.'JD HUN..;l.N 5E?,';':':::'.) :::::::.:'.?::-:::::TOrg~mzatlon Name and Address
DALLAs COUNTYHEALTH AND HUMAN SERVICESADMINISTRATION
Betty J. Culbreath-ListerDirector
MEMORANDUM
51 Upon request the contract is availablefor viewing in the Administrator'soffice 214/653-7361
Zachary S. ThompsonDeputy Director
TO:
FROM:
DATE:
COMMISSIONERS COURT
Betty Culbreath·Lister, Director
August 14, 2001
SUBJECT: AMENDMENT TO THE CENTERS FOR DISEASE CONTROL AND PREVENTIONCOOPERATIVE AGREEMENT #R30/CCR618393·02 AND SUBCONTRACT WITH THEARKANSAS DEPARTMENT OF HEALTH, CENTRAL REGION
BACKGROUND
An amendment to the Centers for Disease Control and Prevention Cooperative Agreement#R30/CCR618393-02 has been received from Centers for Disease Control and Prevention. Thisgrant is being amended by CDC to add funds in the categories of contractual, travel, equipment,supplies and other, due to the award authorized carryover of $49,825 in unobligated funds. Thisincludes subcontracting with the Arkansas Department of Health, Central Region. It is a requirementduring the five (5) year contract period that an alternate training site be established in the UnitedStates Public Health Services (USPHS), Region VI. The Arkansas Department of Health, CentralRegion will conduct two intensive STD clinician courses. This contract is effective April 1,2001 andwill terminate on March 31,2002.
OPERATIONAL IMPACT
The Center for Disease Control and Prevention Cooperative Agreement #R30/CCR618393-02 andthe Arkansas Department of Health subcontract will have no impact on operations.
LEGAL JMPACTj . . ~
. The Co6'nty'Judge is required to approve the amendment of the Centers for Disease Control andPrevention Cooperative Agreement #R30/CCR618393-02, and to sign the subcontract with theArkansas Department of Health, Central Region after approval by the Commissioners Court. TheDistrict Attorney's Office, Civil Section has reviewed and modified the subcontract contents, and thesubcontract has been approved as to form.
2377 N. Stemmons FreewaySuite 644 • LB 12
Dallas, Texas 75207·2710 Office (214) 819·2100FAX (214) 819·2107
FISCAL IMPACT
52 Commissioner's CourtAugust 14, 2001
Page 2
The Centers for Disease Control and Prevention Cooperative Agreement #R30/CCR618393-02 adds520,000 to Contractual, 56,960 to Travel, 512,665 to Equipment, 55,200 to Supplies and 55,000 toOther, for a total of 549,825. The budget for the Arkansas Department of Health, Central Region is51.925 for General Administrative Supplies, 57,300 for travel, 51,500 for Continuing Education. 5300for Postage, 57,975 for Equipment, and 51,000 for Lecturer's Fees for a total of 520.000. TheArkansas Department of Health, Central Region will present a bill for payment within ten (10) days afterthe conclusion of each intensive course conducted based upon 1;2 (one half) of the total fundsauthorized under the Project.
RECOMMENDATION
It is respectfully recommended that the Dallas County Commissioners Court does hereby approve boththe amendment of the Centers for Disease Control and Prevention #R30/CCR618393-02 to carryover549,825 in unobligated funds and the subcontract with the Arkansas Department of Health, CentralRegion and authorizes the County Judge to sign the agreement on b.ehalf of Dallas County.
Recommended by:~p;i.i!f.--~~etty Cibreat~jstkDirector
c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorRyan Brown, Acting Budget Officer
~tfiilrs lor Oisease Ccn:iOland F'rev9ntion
---------
'--
53
oEPAJUMENTOF HEALTH &HUMAN SERvIces
B~r.y Culbreath·ListerDallas County Department of HealthH'.Ir:1aIl S~rvices Dcepartment2377 N. SteIrJr.Oli;S FreewayDallas, IX 75207-2710
Reference: Cooperative Agreement Number R30/CCR618393·02·02
Dear~ Culbreath-Lister:
Enclosed is a re<.i~d Notice of Cooperative Agreement Award for the above referenced project_This award authorizes the carryover of549.825 in unobligated funds from Year 01 imo Year 02.Pkase refer to Page 2 of your award for additional information regarding the appropriate use of .these funds.
If you have any questions, please contact Brenda Hayes. G:aIlts Management Specialist at 770·488-2741.
Sincerely.
~~It\Ron Van Duyne ~Grants Management OfficerGrants Management Branch
Enclosures
j
NOTICE OF COOPERJ veAGREEMENT --.
54 .r~GE 2 OF 2 DATE IS5UE~Ul 1 1 2~OI
(CofltirulaJiOIl Sheet) WARO NO. R30/CCR618393-02-02
NOTE 1: This revised Notice of Award authorizes the carryover of $49,825 inunobligated funds from Years 01 into 02 as follows:
ContractualTravelEquipmentSuppliesOtherTOTAL
$20,0006,960
12,6655,2005.000
$49,825
NOTE 2:
NOTE 3:
PHs-:n~Z·lR.n",o/82
These funds are approved for current (FY 2001) budget period onlywith no commitment for continued support in future budget periods.
Please be advised that grantees must exercise proper stewardshipover Federal funds by ensuring that all costs charged to theircooperative agreement are allowable, allocable and reasonable andaddress the highest priority needs.
All other terms and conditions of the grant award remain unchangedand in full effect.
HEA~TH A~O HU~H SE~vICiS
J~IC HEA~" S'~VI'i
5507/11/2001
SUPE.~Sitli\ AIoUe MOr!CE c..rc. ---.-/ CIEI'lTERS ~a ... I:: 3:AS£. . '"
.-- 04/05/2001COHT'-CL J.SC ~~E'ie'i1"::M
r.::;uT ru.T ..... , aOOITU": 01 II'Tlt.XQrtC
lC'1tQU'UT t"~;(;lI ~.Ht , .. U'ICT VAl": ,-Cct"'tc.&U.'f leteue.D. NOTICE OF COOPERATIVE AGREEMENT:UH1' >40. s, Ael' HU HRA 1'1 'J! e~OES AUTHOR t ZATI ON (LE313"~r:~N/REG~"A7:CH)
R30/CCR618393-02-2 CCR30 PHS ACT 318,301,311317 4,cFR PART 518PRO;:;;:l' PiiUOO
1t0M05/01/2000 03/31/2005
'01AOUO"
3J:o!l/~fY2001 03/31/2002~o.. 'THllOUCH
.,., - - -STO/HIV PREVENTION TRAI~ING CENT~RS-;U"1'£1: loiAME Ak;) AOO~E$S 10. D:R,,:nil ~/= F,'(O .. iC~o~'O:I,,"" Ja(:'Te~iP'.I{~::'AJ.. : ,,'/ t ~ ':' : ........ c~ I
DALLAS COUNTY DEPT OF HEALTH BETTY CULBREATH-LISTERDALLAS COUNTY HEALTH DEPT. HUHAN SERV DALLAS COUNTY HLTH & HUHAN SVCS DEPT,2377 N. STEHHONS FREEWAY 2377 N. STEHMONS FREEWAYDALLAS, TX 75207-2710 DALLAS, TX 75207-2710
.. 1.""'RO'J'C !U:lca:- ~~XCl.'JC£S ~s CIRECT A5SU1'A."iCIP i 2. AIoI.UO ,;lI1PVT,o\T!OH ~o~ F"l ~AHCIAL ASS: S TAsC;;:
Pilt ¢.t,un .u,..os .1lI .. .., .... 4lIto_r ell' ~.& 'u."",c:t.u.. USUU,lfca. ('.OPl \l.U) ... .. ' 480,981I rHA" 'R'HCT e'sr: CltC1.UPIJ.C CI.lIolt' 'u~t .1"'0 AL~ erAl1 ,tlll.LWC(.lL •• LIn: ",.C~t:C...!"IO ......uCl; r.~ ""toe IU::ltf >;:11::1 . .. '09,825'UT te"ATlU
'.\.A.c.& MUM(tAL ~1I \.llllC) _1- C. LUI e",.", ... rtvt '1:01 ....4~D<:) r,..:, 'UC'lf .C,t~~ • C.31 156,. ,0\"'01.1141' O~ ~:N~CIAl" A":$1'.T,41S AC;'T:O~ • 0)A\,.A~:tJ A:fC .....al: .•. .••.. , .... , 174,056 U. "i~"INCEO FU1'URi ,,"PeAT ($I:Q.JiCT TO 1'HS A'JA I "-"aIL:TY,., : 10M. tlNI' UI • t 68,598 0/= F\lr<CS AltO SATnI'A::TCRY PAOQAUS 0;:: THIE PIlO~ ECT).. ,., .... ,..
~CTAI.. "';IIUOMMC\. c:.os·, •• 242,434Q~T 1'O'TAL. O:IU:CT Il1JCC;IiT TOTAL O:"(C~
, .... , ......... YE~ ~ons YEAR cosn~''''IA.U'''t' Co.,T' . , .. .... ... , .. , ........... 0 ~ 4~l,15? 0 QA. D.C1U 1~I'T •• , • , •• , , ,. , . ,." , ... ""., .... , ..... 13,195 .. ~.. .) .I. , .I.:;' 0 [J va. f.su,~... u, ... " .. " .... "'" ", .. ' .., ....... 10,400 :;) 'to:>.l. I 1:;) ~ u Jc. F.B' ...... c. .... .. , ... ...... , .. , , ......... , - ... 18,423 I'. AP'ItC.. ED DtRiCl' I.SSISUIICE JUDCn Ct .. lIEU OF CA,")",,1Zt.'tr , .. t. (M"A.Tt~.f_.. ... ...... 0 JA. .lAO\,;MT 0' '"lfS Cutcer u'U~"'.":r ......... · .. ... ;'IT,,~r eAJI;;·eur.Arr;;lr., ........... .......... 0 .,
I. l.!.SS UNOll.tiATta UI.~"C:1 "-''' JIJCC I\.~:T P.~ltQC~ .. .,;
&:.,T(A.Art"l'tS ,ua W(:,OY~TIO~$.. " ..... .......... 0 0c. to.u CUl'I\:\,;Ar;,'lI( ,.tO~ ........os ,JO" N:-: '\J:~r 'OC)OlOTlC(l( •••• .. .. ., .... '."., ... .... , ......... 11,400
AC1' tON I'O. A)lQUPlT OF DIRECT ASSISTAI'lCI TH:SC::14:#rtv"/':C"T'uc:ru&~ C:Ct:'S. . ... 1~l,l7e :)
r • .lll"lEl In"~D rX~lM:tS.. .... .... . .. 0 U. "1~"'1II ntCO", 11.11;1:1 TO 45 r;'" ,,,at 1'.:a.: " ....T ,. 00It .~ en: ,? -,5.'1"A ... " U ":£0 tit .etc.o~.CI wUH 0"' ~, nt[ 'Q .. ~t ..t~ JW.,TU,.. ...rt .... t •.
rUI>C; Srt>t.~................... .......... 0 \n~.eT ~•• A'....r ,urea II '01.)
rl.lpcr Tt.HTtCN ••: 'CiS .•.••.•. , ••.•.•• ..... 0 o. ocoven'.
rl,lllo(( TUV" .. ".", ,., " ......... ", •. " , , , 0 • .:lOln,••" eu~
GJTOTAl. DIRICT COSTS ...•••••• • 4'/7 n30 c. 1tA1C:",,,,
:"D:"~r a".... (31.00 • O. SlW'ACtl • 53,951 ~. onou 'U"'C,,(~OIll(O'Icro.Tt,.)
TOrI.", APPROVEO .\lOGIT •• , ••••••••• • 480,981 ;. orRea CUI 'UM'U
U r.n ........0 t:l ",sn OM All ...."ICa~l~ ''''''If"' 'o. A'O U .PH<NC~ IY, rw( ,w~ 011
SI,1t ri( ••••. to ••••••••• t •••••••••••••••••••• • 'HI AlOVI TlT.(O '''~ICT ANO IS "eJrcr TO TIC ...... "'0 c:.,tT:o.. l>i:U'OUTt)UTIIN OUIC'TI.T 01 n ..,pun co !'It. JO~~owl~,
'IOC."", SM.1.IC .••.•••..••••••••• "' .•••.•• .... • ... T'MI ca.ut .'''.u ... ,.nL.Ar:CM C:l10 .UhC. '.'MI CUMT ""OiIA,. ""A1-rOor1480,981 CITI. unl. c. TlIU .Wdll .,'IClI IRQ-'OIlC no,. ~ COMOln.".I' OlfT,.:ru ,ICh
..0.·'11:11...... I ...t ...........•...... • 11,.;)(1 .(.....as. 0.'.; ••»IT' 'O"'ItT 'TA"••1 t ..C~UD;)IC, A~I"O.l t1' .'";.. ~ 0' nu.........0 "01•• 1100: lIATI co no• ..*r n.nc. 1 ••$ ,r. ""IT H ell ... cr...... t .2 AS
.'l'\.le...~,. '" nc I'''' ",Ill .... co,,'\IcrulS II .1'1oll;'HI; I.,o",:nu: ~,;:al
"~ICA&". TO no; UAflr. T".uovt 0lI~' 0' ••SCICCIC....." 'I(v':~' .e:,pr.,~
.. Ttll •• '/IIT relICt "''0 cotetrtOMS n .. ;a.......~CD .' T~ 'I .... rll .ttI(M 'U"~ ut.OIl....... """VIW "TAIH~:l "(lIt nol UAIlT ....(.r ITST'lH.
EMJOtKS (US,.. lilin D ... CUAUiilCWi iiiJCH(U •
Spof.SOR· :if IDC- RA1'E BASE: SEE ATTACHED
1'1 \1'1. ~T5/fJ.M.,~l~
<o.... ·Tt•.,"',.U (,Tenu
RON VAN DUYNE GRANTS MANAGEMENT OFFICER7. OIJ. CI.ASS. 41.:> 1 l/ 118. CIlS.UI4: l-f!:)e>(JOO~U:>-A~ It,. I.IST NO.: .,,;t<-C:S~U-VU1
n-c.u. ooe""OT Il~ . 4O.1.. IU.....U.' coca A~r.ACnOll 'l".,u:r .... r.ACrtQH DII ..U:'T
• . A I. C. D, c·
\." .. e. D. I.
Z .A .. C. 0 t
56",--
PHS-S152-1 (CONTINUED)
DATE ISSUED .. 0 0.: 07/11/2001GRANT HO •.•.•..• : R30/CCR618393-0Z-ZAPPROVAL LIST NO: CR-820-VOl
FY CAN DOCUMENT NO. ADM.CODE FIN.ASST DrR.ASST
DIRECT ASSISTANCE BUDGET:=========================
PERSONAL SERVICE:TRAVEL 0 • :
VACCINE .. o •••••• :
OTHER SERVICE ... :
j
oooo
57
DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICESHealth Division
'""' 1'1'...., _ ':' ..... I ""'.1;?......... -
BETTY CULBREATH·LISTERD,RECTOR
MEMORANDUM
TO:
FROM:
DATE:
COMMISSIONERS COURT
Betty Culbreath-Lister, DirectorHealth and Human Services Department
August 14, 2001
SUBJECT: CLINICAL AFFILIATION CONTRACT WITH EL CENTRO COLLEGE
BACKGROUND OF ISSUE
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 provide nursing students with the opportunity towork with a public health nurse, observing techniques and procedures. EI Centro Collegethrough its Associate Degree Nursing Program is requesting to enter into an AffiliationContract with Dallas County for FY 2002 on behalf of their students pending an AssociateDegree of Nursing.
IMPACT ON OPERATIONS
This Affiliation Contract with EI Centro College Associate Degree Nursing Program willhave no impact on operations.
LEGAL CONSIDERATIONS
The County Judge is required to sign the Affiliation Contract after approval by theCommissioners' Court. The District Attorney's Office, Civil Section, has reviewed andrriQdiffed"the Affiliation Contract content, and the Affiliation Contract has been approved asta'-form.
2377 N.Stemmons FreewaySuite 644 • LB 12
Dallas, Texas 75207·2710 Office (214) 819·2100FAX (214) 819·2107
58
Commissioners CourtAugust 14, 2001
Page 2 of2
FINANCIAL CONSIDERATIONS
There is no cost to the County for providing these services.
PROJECT SCHEDULE
This Affiliation Contract shall be effective by both parties for the period of August 27, 2001through August 27, 2002.
RECOMMENDATION
It is respectfully recommended that the Dallas County Commissioners Court does herebyapprove the Affiliation Contract with EI Centro College Associate Degree Nursing Program,and authorize the County Judge to sign the contract on behalf of Dallas County.
Recommended by: ;;./....., ~~-JE!ettY CUIDre~ ister, Director
c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorRyan Brown, Acting Budget Officer
j
2377 N.Stemmons FreewaySuite 644 • LB 12
Dallas, Texas 75207-2710 Office (214) 819·2100FAX (214) 819·2107
DALLAS COUNTY C( 59TY COLLEGE DISTRICT
CLINICAL A• .. _.. ' ..ON AGREEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
THIS AGREEMENT, is entered into this__day of , 2001
by and between the Dallas County Community College District on behalf of EI Centro
College, a Texas political subdivision of higher education, (hereinafter referred to as
"COLLEGE") and Dallas County on behalf of the Dallas County Health and Human Services
Department, a corporate and political body recognized as a legal subdivision of the State
of Texas pursuant to Article XI, Section I of the Texas Constitution, (hereinafter referred to
as "COUNTY") now evidence the following:
I.
PURPOSE
The COUNTY shall provide students of the COLLEGE with practical experience in
clinical services through the COUNTY's clinical facilities located at 2377 North Stemmons Freeway,
Dallas, Texas 75207, (hereinafter referred to as "FACILITY"), and the COLLEGE shall provide the
students with academic experience at the COLLEGE. This clinical and academic experience is in
the COLLEGE's __ program (hereinafter referred to as "PROGRAM").
1
60
RESPONSIBILITIES OF COLLEGE
The COLLEGE shall:
A. plan the educational activities for the PROGRAM's clinical experience at the
COUNTY'S FACILITY after consultation with the COUNTY:
B. provide qualified, certified instructors at the COLLEGE to teach the core
curriculum and support courses in the PROGRAM;
C. provide administrative functions for each student in the PROGRArv1 which
are the same functions as provided all other students at the COLLEGE;
D. ensure instructors and students who use the FACILITY in the
PROGRAM will abide by the COUNTY's policies unless the policies are
unlawful;
E. ensure students in the PROGRAM will have professional liability insurance
in an amount not less than one million dollars ($1,000.000.00) per
J
F.
G.
occurrence;
provide specific department heads with a letter outlining the needs of
students. schedule of student assignments. and length and dates of clinical
experience prior to the clinical rotation;
consider promptly any complaints made by COUNTY against a student
in accordance with the COLLEGE's standards and procedures for
disciplinary action and as follows:
2
61
(i) The COUNTY shall submit to COLLEGE a written complaint and request
the immediate withdrawal of the student from the PROGRAM. COLLEGE
shall withdraw the student from the FACILITY and investigate the complaint;
(ii) After investigation by COLLEGE, the COLLEGE shall make a
recommendation to COUNTY.
(iii) COUNTY shall consider the recommendation of COLLEGE, but shall not be
bound by this recommendation; and
(iv) COUNTY shall make a final determination of whether to require a student's
permanent withdrawal, temporary suspension, or reinstatement and shall
submit a written explanation of its decision to the COLLEGE.
H. consider promptly any complaints by COUNT-Y against an instructor as
follows:
(i) COUNTY shall submit to COLLEGE a written complaint and request for
immediate withdrawal of the instructor from the PROGRAM;
(ii) COLLEGE shall withdraw the instructorfrom the COUNTY's FACILITY and
investigate the complaint;
(iii) COLLEGE shall submit to COUNTY, a written explanation of its decision to
permanently withdraw or reinstate the instructor;
i,J
(iv)
I.
COUNTY is not bound by COLLEGE'S decision.
provide non-emergency health facilities at the COLLEGE should the student
be injured in the clinical setting; and
3
K.
JJ :.,
62
J. require that all faculty and students who may be at risk for occupational
exposure to blood or other potentially infectious materials be:
1. trained in accordance with the Occupational Safety and Health
Administration's ("OSHA") Occupational Exposure to Blood-borne
Pathogens Final Rule 29 CFR Part 1910.1030, as pubiished in the
Federal Register Friday, December 6, 1991;
2. trained in the modes of transmission, epidemiology and symptcms
of Hepatitis B virus ("HBV") and Human Immunodeficiency ('HIV")
and other blood-borne pathogens;
3. trained in the methods of control that prevent or reduce exposure
including universal precautions, appropriate engineering controls,
work practices, and personal protective equipment;
4. provide information on the hepatitis B vaccine, its efficacy, safety,
method of administration, and benefits of being vaccinated; and.
5. have been vaccinated for HBV or have begun the vaccination series
for HBV or have signed a refusal to acquire HBV vaccination.
ensure that each student complies with the criminal history and drug test in
the Pre-Screening Requirements for Clinical Students located in the
COLLEGE's Orientation Packet and/or Syllabus for all district health
occupation students before the student begins a clinical rotation. COLLEGE
shall notify COUNTY if a student is ineligible to participate in a clinical
rotation based upon these Pre-Screening results.
4
63
III.
RESPONSIBILITIES OF COUNTY
COUNTY retains ultimate responsibility for patient care. COUNTY shall:
A. provide full cooperation to ensure success of the PROGRAM;
B. provide equipment and supplies which are necessary for clinical laboratory
instruction at the FACILITY;
C. provide adequate classroom, library, and locker space for students in the
PROGRAM;
D. ensure suitable clinical laboratory experience situations as prescribed by the
curriculum provided by COLLEGE and approved by the Texas Higher Education Coordinating
Board;
E. assist with clinical teaching, orientation and 'SClpervision of agreed upon
number of students in the PROGRAM;
F. reserve the right to determine the manner in which its equipment shall be
operated;
G. provide access to acute emergency care in the event of an accident or injury
to a student. (All expenses incurred are to be paid directly by the student);
H. require and provide an orientation to the faculty and students before direct
patient contact is allowed. Orientation by COUNTY shall include information regarding:
1. the COUNTY's Exposure Control Plan for blood borne pathogens
and the means by which students and faculty can obtain a copy of
the written plan;
2. the engineering controls used within the FACILITY;
5
64
3. the personal protective equipment available in each of the
FACILITIES' work areas;
4. the identification of tasks and patient-related activities which
increase the risk 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 fluids occurs including the methods of reporting the inCident
and the medical follow-up required.
I. provide appropriate and readily accessible p~rsonal protective equipment
at no cost to faculty and students to use in the facility during the duration of the program.
J. consider promptly any complaints by COLLEGE against an employee of
COUNTY. COLLEGE shall submit to COUNTY a written complaint and request immediate
suspension of employee if appropriate. After investigation by COUNTY, COUNTY shall take
appropriate action and advise COLLEGE, in writing. of the action taken.
IV.
HOLD HARMLESS
To the extent allowed by law, COLLEGE agrees and is bound to hold the
COUNTY whole and harmless against any and all claims for damages, costs, and expenses
to persons or property that may arise out of, or be occasioned by the COLLEGE's
performance under this Agreement or any acts or omissions of its employees under this
A~eep1ent; provided, however, that it is not the intention or purpose to create liability
against the COLLEGE unless such liability is imposed by law orto waive any legal defenses
6
65
available to COLLEGE, including governmental immunity. The provisions of this paragraph
are solely for the benefit of the parties to this Agreement and are not intended to create or
grant any rights, contractual or otherwise, to any other person or entity. This paragraph
shall survive the termination of this Agreement.
V.
RESPONSIBILITIES OF THE COLLEGE AND THE COUNTY
COLLEGE and COUNTY shall:
A. agree upon the number of students to be placed at the FACILITY for clinical
rotations;
B. review and evaluate this Agreement annually; and
C. revise or modify this Agreement in writing if both parties agree to the
revision or modification.
VI.
TERM
This Agreement shall begin on August 27, 2001, and shall end on August 27, 2002,
unless earlier terminated as provided herein. Prior to expiration of the term, this Agreement may
be renewed annually by a letter of agreement signed by the COLLEGE President and an
authorized officer of the COUNTY.
7
66
VII.
TERMINATION
This Agreement may be terminated by either party upon ninety (90) days written
notice to the other party by registered mail, return receipt requested; however, the termination sha!1
not take effect until students who are enrolled at the time such notice is given have completed the
courses in which they are enrolled.
VIII.
DISCRIMINATION
COLLEGE and COUNTY agree that no person will on the grounds of race, creed,
color, handicap, disability, national origin, sex, political affiliation or beliefs be excluded from, be
denied the benefit of or be subjected to discrimination under this Agreement.
IX.
CONFIDENTIALITY
COLLEGE agrees to adhere to all confidentiality requirements, including but not
limited to the Texas Department of Health HIV/AIDS Workplace Guidelines, the Texas Department
of Health HIV Services Grant Program Rules, requirements for contents of AIDS - related written
materials, and further agrees that COLLEGE will not engage in activities that advocate or promote
the violation of State or Federal Laws.
J
.f' ....-,
8
67 X.
APPLICABLE LAW
This Agreement is expressly made subject to COUNTY'S Sovereign, Title 5 of
the Texas Civil Remedies Code, and all applicable State of Texas and Federal laws.
This Agreement and all matters pertinent thereto shall be construed and enforced in
acccrcance with the laws of the State of Texas and venue shall lie exclusively In Dallas County,
~exas
XI.
AGENCY
ceLl... ::G:: arc COU0JTY agree and ackncwledge that each entity is not an agent cf ::-e c::-e~
entity and that each entity is responsible for its own acts, forbearance, negligence and deeds,
and fer those of its agents or employees in conjunction with the performance of work covered
under this Agreement.
XII.
SEVERABILITY
If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining
provisions hereof shall not be affected or impaired, and such remaining provisions shall remain
in full force and effect.
XIII.
NOTICE
Any notice or certification provided for in this Agreement to be given by either party to the other
shall be required to be in writing and shall be deemed given when personally delivered or within
three (3) business days after being deposited in the United States Mail, postage prepaid,
certified. return receipt requested or registered addressed as follows:f. .•-.I}"., .- .. ~
9
..
68
By the!r s,gnatures below, the duly authorized representatives of the COUNTY' and
COLLEGE accept the terms of this Agreement in full.
EXECUTED TH1S day of . 2C01
FOR: COUNTY
BY Lee F. JacksonDallas County Judge
BY: Betty Culbreath-ListerDirector of Health and Human Services
APPROVED AS TO FORM:
BY: John A. Dahill, Advisory ChiefCivil Section, DA's Office
10
FOR: COLLEGE
BY: Or. Wnght Lassiter, JrPresident - EI Centro COilege
69
ATTACHMENT A
RELEASE AND WAIVER OF CLAIMS
The undersigned' is.a nursing student in the EI Centro College School of Nursing, anddesires to participate in a program offering clinical laboratory experience at the DallasCounty Health and Human Services.
In consideration for the opportunity to participate in such a program, I hereby forever waiveand release the Dallas County Health and Human Services Department, Dallas County,its commissioners, directors, its officers and employees, from any and all claims, demandsor causes of action which may arise as a result, directly or indirectly, of my participation inthe program. This waiver and release shall apply to all acts and omissions, whetherintentional, negligent or grossly negligent, and shall bind my heirs and assigns.
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 _
2001.
Notary Public in andfor the State of Texas
Jp .•
11
70
DALLAS COUNTYCotv1MLJNltATlONS AND CENTRAl SERVICES
CI tl'~-3
August 7, 200 I
To:
Through:
From:
Subject:
COmmis(~ourt
Dan Savage, Assistant Administrator for Operations
Chris Thompson, Director, Communications & Central Services
Implementation of Caller-ill Capability on County PBXs
..
Backiround of IssueThe caller-id displayed for calls from County PBXs is not the actual number of the caller Staff wasasked to explain the telephone number which is displayed and to explore the cost ofpassing the actualnumber of the caller for display.
Impact on OperationsAt the time County PBXs were installed, caller-id was not an extensively used feature. Implementingthis feature required both hardware and software which would have significantly increasedimplementation costs. As such, that capability was not included.
Today, caller-id is very popular. Almost all newer digital cell phones have this capability. As thisfeature became more prevalent, lines handling out bound County calls were modified to display a 10digit number. This prevented calls from the County from appearing as "UNIDENTIFIED" or"CALLER-ill UNAVAILABLE" which was blocked by some call management systems. However,the 10 digit number displayed is not the actual number of the caller. It's a number assigned to aparticular trunking group and all calls going out over this trunking group display that number as thecaller id. For example, the primary outbound route for the George Allen PBX is assigned a trunk idof(214) 653-1167. All calls over this route display (214) 653-1167.
In order to pass the caller's actual number, ISDN (Integrated Services Digital Network) software andPRI (Primary Rate Interface) hardware must be added to each PBX. Additionally, outbound linesmU~ft b~~~hailged to special digital T-ls (i.e., SMART Trunks or PRI Spans). Those changes wouldallow the caller's telephone number to be passed through the switch into the Public Switch TelephoneNetwork and displayed on caller-id.
Financial ConsiderationsThe hardware components and digital spans are now cheaper than they once were. However, thetotal cost to provide this capability is still quite expensive. Required PBX modifications total$217,537.00. A listing ofcost by location is attached.
509 Main Street • Suite 608 • Dallas, Texas 75202
71
Recommendation .Based on cost, do not implement a full caller-id capability Consider this feature in conjunction withfuture upgrades/replacements.
CT/sh
.-\ttachment
J
./,J' ~'.'" &
72
Cost Overview·
George Allen 538,663.00
Frank Crowley/Lou Sterritt 515,819.00
Henry Wade Lone Star 53.856.00
Health & Human Services 531.268.00
Btll Decker 528.6"+3.00
Harry Hines 526.8"+000
Forensics 532,-+21.00
\'orth Dallas Government 522,776.00
Youth Village 517,251.00
Total Cost: S217,537.00
- -
yt-' .•
TO:
FRO\l:
THRL:
SCBJECT:
DATE:
Backeround
73
Dallas County Information Technology Services J\.A C S'
1. Allen ClemsonDallas County Commissioners Court .-\dministrator
Sandra K. PetersComputer O:errions Supervisor. ACSInformation Technology Sef\ices
John :\ero~.-\ccount Executive. ACSiInformation Technology Sef\ices
Contract for data services between the Defense Security Service and DallasCounty,
July 30. 2001
.-\ request has been received from the Defense Security Service to purchase online access intoDallas County teleprocessing dialogs (TPD's), specified in Attachment "A".
Financial Impact/Considerations
Cost Recovery
Administrative FeeInquiry Transaction Cost of $0.05 for Each Inquiry
Project Schedule
S75.00
Implementation by ACSlInforrnation Technology Services will commence within thirty days ofthe contract execution date.
ACS/lnformation Technology Se
Reviewed By: '::::::::""",=&C.:~Z-_-?-..c.~~~~~~~:,,- _John Hennessey, Management Inforrna .
504 Records Building Dallas, TX 75202 Phone: (214) 653-6141 Fax: (214) 653-6708
74
COtTRT ORDER
ORDER :\0. _
DATE _
STATE OF TEX.-\S
COL:\TY OF DALLAS
BE IT RE:\IE:\IBERED, at a regular meeting of the Commissioners Court of Dallas Count\~ - r'
Texas. held on the day of ,200 I. on motion made------- ----------
by , and seconded----------------------------by ' the following order was adopted:
WHEREAS, This issue was briefed before Commissioners Court on August 14.2001: and
WHEREAS, The Defense Security Service has requested online access to teleprocessing dialogs(TPO's). specitied in Attachment ··X'. and
WHEREAS, The District Attorney" s Office has previously reviewed the data and rendered theopinion that it is public information under the Public Information Act: and
WHEREAS, The District Clerk has previously approved the data content: and
WHEREAS, The Defense Security Service has paid $75.00 in advance and will pay 50.05 for actualtransactions based upon monthly billing from the County Auditor: and
WHEREAS, The services will begin within thirty days of the execution of the contract: and
WHEREAS, This request is recommended by the MIS Director.
rp IS "THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas CountyCo~~iGRersCourt authorizes County Judge Lee F, Jackson to execute the contract between theCounty of Dallas and the Defense Security Service on behalf of the County of Dallas. The DefenseSecurity Service has paid $75.00 in advance and will pay $0.05 for actual transactions based uponmonthly billing from the County Auditor, for online access to teleprocessing dialogs (TPD·s). specifiedin Attachment "A".
75
DO:\E 1:\ OPE:\, COCRT this the day of . :001
Lee F. jacksonDallas County Judge
Jim JacksonCommissioner. District '\0.1
\!ike CantrellCommIsSIoner. Distnct '\0. ~
Kenneth :\. \!ayfieldCommissioner. Distnct '\0. -+
John \\'i!ey PriceCommissioner. District '\0. 3
Recommended By: c:h£.:. rIo'<"'" drJohn Nero. Actount Executive. ACS;fnformation Technology Services
Systems Director
STATE OF TEXAS
COL:\'TY OF DALLAS
§§§
76
CO:\TTRACT FOR CO\tPLTER SERVICES
BETWEE:\T COL:\TTY OF DALLAS, TEXAS A:\TD DEFE:\TSE SECLRITY SERVICE
Defense Security Sen'ice . whose principal offIce address is 5800 East Campus Drive. Suite 11(y-'\..
Irving. Texas 75063 (hereinafter referred to as "Requestor"). and County of Dallas. Texas(hereinafter referred to as "County"). by and through the Dallas County Commissioners Court. :mdin consideration of the mutual covenants. agreements. and promises herein contained. do agree asfollows:
I. SERVICES A;\fD COST
County through its Information Technology Services Department will make available for the useof Requestor teleprocessing dialogs ("TPO"s) ...pecified in Attachment" A",
Requestor agrees to reimburse County in the sum of:
Administrative FeeInquiry Transaction (each)
$ 75.00.05
Requestor will reimburse County its Administrative Fee in advance before any sen'ices shall beprovided by County. Subject to any change in costs, all future costs shall be billed by the DallasCounty Auditor to Requestor monthly, based upon the actual volume of transactions. Invoices aredue and payable ten (10) days after receipt of invoices by Requestor. Under the terms of thisContract. County will not provide to Requestor any complainant information or defendants' socialsecurity numbers.
Requestor understands and agrees that County may convert computer systems, or may addresspotential problems in existing systems (including, but not limited to, year 2000 compliance) asdeemed necessary by County which may require County to reprogram its system in order to produceth9 aboye described judicial records. In that event, County shall provide Requestor thirty (30) dayswr~.ten_l!-0ticeof any cost of reprogramming or increase in annual costs. Requestor agrees to payCounty such costs, unless it notifies County otherwise in wTiting within ten (10) days of receipt ofnotice from County. If Requestor sends County such wTitten rejection of these additional costs. thisContract and all obligations hereunder shall immediately terminate.
Page I
I ,-'
je.
77
II. TER'\1
The initial term of this Contract shall be one year from the date of execution. This Contract shallbe automatically renewed annually thereafter unless either party gives 'Nritten notice to the otherthirty (30) days prior to the annual renewal date that it elects not to renew the Contract.
III. TER'\1INATION
In addition to termination set forth in Section I and II, either of the parties shall have the right. Ineach party's sole discretion and at its sole option, to terminate this Contract by giving the other partythirty (30) days ""unen notice of its intention to terminate.
IV. WARRA.~TY DISCLAIMER: LIMITATION OF LIABILITY; SOLE RE:\IEDY
a. County does not warrant the accuracy of the information provided, and shall not beliable to Requestor or any other person for any damages arising, directly orindirectly, from any inaccurate information.
b. County shall not be liable for any defects in software 'or data, including "viruses"which may be inadvertently transmitted along with the requested information.
c. If either party breaches this Contract, the sole remedy shall be cancellation of theContract. County shall provide all information due up to the date of cancellation;Requestor shall pay all fees owed up to the date ofcancellation. County shall refundto Requestor all prepaid amounts on a pro rata basis for periods extending beyond thedate of cancellation. Neither party shall be liable for any other damages, includingcosts, expenses or attorneys' fees, arising from the breach.
d. To the extent permitted by law, Requestor agrees to protect, defend, indemnifyand hold County harmless from any and all claims, demands, judgments andexpenses resulting from County's performance under this Contract. IfCountybecomes a participant in legal proceedings due to the incidental orconsequential use of information provided to Requestor, Requestor shall holdCounty harmless and indemnify County from all liability, including, but notlimited to, all damages that may be awarded, attorneys' fees, court costs, andany and all other costs. In the event that the Requestor is an agent or agency ofthe United States Government, the Federal Tort Claims Act (28 U.S.C. § § 2671through 2680) shall take precedence over this paragraph.
Requestor understands and agrees that County shall suffer no liability or expense ofany kind as a result of this Contract, other than a refund of fees paid in accordancewith subsection (c) of this section.
Page 2
78
f. Requestor acknowledges and understands that often the infonnation and records L~at
have been purchased are required to be changed, including changes or deletions madepursuant to court-ordered expunctions of criminal records. Future copies of filesalready requested may be different and not agree with those previously delivered.Future monthly reports will not reference or notify Requestor of records that havebeen expunged pursuant to court order. Requestor shall take all steps necessary toinsure that any requestor and any subsequent user of this infonnation is properlyinfonned of the likelihood of such changes and the existence in the database ofrecords that have been expunged subsequent to the original receipt by Requestor ofthe in.fonnation from County.
It is the express intention of the parties hereto that Requestor shall be solelyresponsible and liable for any damages, liability or any cause of action resultingfrom the expungement of previously acquired information from County andRequestor agrees to the extent permitted by law to protect, defend, indemnifyand hold County harmless from any and all claims, demands, judgments, costs(including attorneys' fees) and expenses resulting from any sale, distribution oruse of content or information furnished by County under this Contract toRequestor including but not limited to any expunges ~riminalhistories, recordsor other information. All costs and expenses will be I?aid by Requestor as theyaccrue.
This Indemnification Provision shall survive the termination of this Contract.
V. AJ.'\1.ENDMENTS OR MODIFICATION
This Contract shall not be amended or modified except by WTitten agreement executed by dulyauthorized representatives of Requestor and County.
VI. VENUE AJ.'W GOVERNING LAW
This Contract is expressly made subject to County's Sovereign Immunity, Title 5, Texas CivilPractice and Remedies Code, and to Requestor's Federal Tort Claims Act (28 U.S.c. §§ 2671through 2680). This Contract and all matters pertinent thereto shall be construed and enforced inaccordance with the laws of the State of Texas and the Federal Tort Claims Act, and venue shall lieexclusively in Dallas County, Texas.
YD. FOIt.\1AL COURT APPROVAL
This Contract is expressly subject to and contingent upon formal approval by the Dallas CountyCommissioners Court.
Page 3
79
I~ WIT~ESS \-VHEREOF by their signatures hereon each of the undersigned represents and\varrants that they are the duly authorized agents of each entity and have full right and authority to
enter into this Contract.' This Contract is to be effective upon the signature of both County andRequestor.
EXECUTED THIS__day of ,2001.
COl:~TY OF DALLAS
BY: LEE F. JACKSONCOC0rTY JUDGE
APPROVED AS TO FOR..1\1:
REQUESTOR
B . John B. Dahilldvisory Chief,
Civil Section
J ".
Page 4
80
Attachment A
TPD \,'ame Description 1I
.-,\POI Community Supenision ],
.-,\P02 Community SupenisionI
BASI Book In RecordsiiI
BA5'+ Book In Records
CICI Civil Records ,
CINI Civil Records
Cv110 Child Support Cross Ref..
CR51 Sheriffs Name Index
CR55 Sheriffs Name Index
GIAK Justice Link System
JI55 Criminal Records
JI56 Criminal Records
J166 Criminal Records
J168 Criminal Records
MVI8 ~lotor Vehicle Records
TAXI Tax Records
VR10 Voter Registration Records
VR20 Voter Registration Records
VR21 Voter Registration Records
i .. WRUW Warrant Records.I
,.r •
Warrant Records, WR\Vl
\\/X50 Warrant Records
TO:
FRO\f:
THRU:
SCBJECT:
DATE:
Backeround
81
.Dallas County Information TechnologyServices
A C S'
1. Allen ClemsonDallas County Commissioners Court :\dministrator
Sandra K. Peters
Computer Ope..ations Super.isor. .-'I.. CS Information TechnoloQ\ Ser.ices
John :";ero orJ _.,-\ccount Executive..-\CS Information Technology Services
Contract for data services between The Law Firm of Steven G. King P. C. andDallas County
July 19.2001
A request has been received from The Law Firm of Steven G. King P..c.. to purchase the following: adaily report R06641; Inmates Booked in Durin~ Last 24 Hours.
Financial Impact/Considerations
Cost Recovery
Administrative FeeSet Up CostDaily Report R06641. Inmates Booked in During last 24 HoursTotal First Quarter Cost
Succeeding Quarterly Cost
Project Schedule
S75.0070.00
S1.1 "'5.00S1.270.00
S1.125.00
Implementation by ACSJInformation Technology Services will commence within thirty days of thecohtraC;l ex~cution date.
it __
"'.Recommendation
ACS/Information Technology Services recommends this request.
Reviewed By.~-==~~~2:2:""~YL.d:::l~~~~~L_-=--:-- _John Hennessey. Management Informatio ystems Director
504 Records Building Dallas, TX 75202 Phone: (214) 653-6141 Fax: (214) 653-6708
82
CQURTORDER
ORDER ~O. ---
D.-\TE _
STATE OF TEXAS
COL~TY OF DALLAS
BE IT RE'IE'IBERED, at a regular meeting of the Commissioners Court of Dallas County,
Tc:\as. held on the day of , 2001 on motion m:.ldc
by ' :.lnd seconded
by , the follO\ving order was adopted:
WHEREAS, This issue was briefed before Commissioners Court on August 1-1-.2001: and
WHEREAS, The Law Finn of Steven G. King P. C. has requested the following: a daily report R066.+ LInmates Booked in During Last-"24 Hours; and
WHEREAS, The District Attorney" s Office has previously reviewed the data and rendered theopinion that it is public infonnation under the Public Infonnation Act: and
\VHEREAS, The County Clerk has previously approved the data content: and
WHEREAS, The Law Finn of Steven G. King P. C. has paid $1.270.00 in advance for the following: adaily report R06641. Inmates Booked in During Last 24 Hours. and in the future \\ill pay$1.125.00 quarterly for the following: a daily report R06641. Inmates Booked in DuringLast 24 Hours; and
WHEREAS, The services will begin within thirty days of the execution of the contract: and
WHEREAS, This request is recommended by the MIS Director.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas CountyCommissioners Court authorizes County Judge Lee F. Jackson to execute the contract between theCOl/Ulty~~f Dallas and The Law Finn of Steven G. King P. C. on behalf of the County of Dallas. The LawFirm of Steven G, King P. C. has paid $1.270.00 in advance for the following: a daily report R066.+ 1.Inmates Booked in During Last 24 Hours. and will in the future pay $1.125.00 quarterly for thefollowing: a daily report R06641. Inmates Booked in During Last 24 Hours.
83
DONE IN OPEN COURT this the day 01' . :001
Lee F. JacksonDallas County Judge
Jim JacksonCommissioner. District ~o.l
~fike CantrellCommissioner. District \:0 .,
Kenneth .-\. \{avtieldCommissioner. District \:0. -J.
John \Viley PriceCommissioner. District No.3
Recommended By: ~,~ dxJohn Nero. Acco'unt Executive. ACSiInformation Technology Senices
John M. Hennessey. M~agement Informati Systems Director
j • L
"
STATE OF TEXAS
COL~;TYOF DALLAS
84
§§§
CONTR.\.CT FOR CO.\<'PUTER SERVICES
BETWEEN COUNTY OF DALLAS, TEXAS AND LA. W FIR:\I OFSTEVEN G. KING P. C.
Law Firm of Steven G. King P. c.. whose principal office address is 113 East Rosedale. Fort \\orth.Texas 7610..+ (hereinafter referred to as "Requestor"). and County of Dallas. Texas i heremat1erreferred to as "County"). by and through the Dallas County CommIssIoners Court. J.nd in
consideration of the mutual covenants. agreements. and promises herein contained. do agree :isfollows:
I. SERVICES AND COST
County through its Information Technology Services Department \vill produce for the use ofRequestor a daily report R06641. Inmates Booked in During Last 2.+ Hours.
Requestor agrees to reimburse County in the sum of:Administrative FeeSet Cp CostDaily Report R06641. Inmates Booked in During Last 24 HoursTotal First Quarter
Succeeding Quarterly Cost
S 75.007000
1.125.00S1.270.00
Sl.125.00
Requestor will reimburse County all of its costs in advance on a quarterly basis before any servicesshall be provided by County. Subject to any change in costs. all future payments for quarterly costsin succeeding quarters shall be in the amount of one thousand one hundred twenty-tive dollars($1.125.00), due and payable thirty (30) days prior to the start of each quarter. Under the terms ofthis Contract. County will not provide to Requestor any complainant information or defendants'social security numbers.
Requestor understands and agrees that County may convert computer systems. or may addresspotential problems in existing systems (including, but not limited to. year 2000 compliance) asdegmednecessary by County which may require County to reprogram its system in order to producethdlboV-e described judicial records. In that event. County shall provide Requestor thirty (30) days\vritten notice of any cost of reprogramming or increase in quarterly costs. Requestor agrees to payCounty such costs, unless it notifies County otherwise in VvTiting within ten (l 0) days of receipt ofnotice from County. If Requestor sends County such VvTitten rejection of these additional costs. thisContract and all obligations hereunder shall immediately terminate.
Page 1
85
II. TER\I
The initial tenn of this'Contract shall be one year from the date of execution. This Contract shallbe automatically renewed quarterly thereafter unless either party gives written notice to the otherthirty (30) days prior to the quarterly renewal date that it elects not to renew the ContrJct.
III. TER\IINAnON
[n addition to tenninmion set forth in Section [ and II. either of the parties shall hose the rJi:'hL ineJch party's sole discretion Jnd Jt its sole option. to tenninate this Contract by gi\ing the other pJrt:thirty 130) days \\Titten notice of its intention to tenninate.
IV. WARR-\NTY DISCLAIMER: LIMITATION OF LIABILITY; SOLE RE:\-IEDY
a. County does not warrant the accuracy of the infonnation provided. Jnd shall not beliable to Requestor or any other person for any damages anslng. directly orindirectly, from any inaccurateinfonnation.
-b. County shall not be liable for any defects in software or data. including "viruses"
\vhich may be inadvertently transmitted along with the requested infonnation.
c. If either party breaches this Contract the sole remedy shall be cancellation of theContract. County shall provide all infonnation due up to the date of cancellation:Requestor shall pay all fees owed up to the date of cancellation. County shall refundto Requestor all prepaid amounts on a pro rata basis for periods extending beyond thedate of cancellation. Neither party shall be liable for any other damages. includingcosts, expenses or attorneys' fees, arising from the breach.
d. It is the express intention of the parties hereto that Requestor shall protect,defend, indemnify and hold County harmless from any and all claims, demands,judgments and expenses resulting from County's performance under thisContract. If County becomes a participant in legal proceedings due to theincidental or consequential use ofinformation provided to Requestor, Requestorshall hold County harmless and indemnify County from all liability, including,but not limited to, all damages that may be awarded, attorneys' fees, court costs,and any and all other costs.
e. Requestor understands and agrees that County shall suffer no liability or expense ofany kind as a result of this Contract, other than a refund of fees paid in accordancewith subsection (c) of this section.
Page .2
86
r R.;questor ackno\vledges and und.;rstands that often the information and records thathave been purchased are required to be changed. including changes or deletions madepursuant to court-ordered .;xpunctions of criminal records. Future copies of fil.;salready requested may be different and not agree with those previously deliwred.Future monthly reports \vill not reference or notify R.;questor of records that ha\ ebe.;n .;xpung.;d pursuant to court order. Requ.;stor shall take all steps necessary to
insure that any requestor and any subsequent user of this information is prop.;rl:informed of the likelihood of such changes and the .;xistence in the database \)1"
records that have been expunged subsequent to the original receipt by Requestor \.-if
th.; information from County.
It is the express intention of the parties hereto that Requestor shall be solelyresponsible and !i:\ble for any damages, liability or any cause of action resultingfrom the expung·.ment of previously acquired information from County andagrees to protect, defend, indemnify and hold County harmless from any andall claims, demands, judgments, costs (including attorneys' fees) and expensesresulting from any sale, distribution or use of content or information furnishedby County under this Contract to Requestor including but not limited to anyexpunged criminal histories• ..records or other information. All costs andexpenses will be paid by Reque.)tor as they accrue.
This Indemnification Provision shall survive the termination of this Contract.
V. AMENDMENTS OR MODIFICATION
This Contract shall not be amended or modified except by written agreement executed by dulyauthorized representatives of Requestor and County.
VI. VENUE AND GOVERl"JING LAW
This Contract is expressly made subject to County's Sovereign Immunity, Title 5, Texas CivilPractice and Remedies Code. This Contract and all matters pertinent thereto shall be construed andenforced in accordance with the laws of the State of Texas. and venue shall lie exclusively in DallasCounty, Texas.
) VII. FORMAL COURT APPROVAL
j. -: "'. .
This Contract is expressly subject to and contingent upon formal approval by the Dallas CountyCommissioners Court.
Page 3
87
l:'oi WIT:\'ESS \VHEREOF by their signatures hereon each of the undersigned represents ::mdwarrants that they are the duly authorized agents of each entity Jnd have full right Jnd Juthonty toenter into this Contract. This Contract is to be d'fecti\e upon the signature of both County JndRequestor.
EXECl'TED THIS__day of .2001.
COL~TY OF DALLAS
BY: LEE F. JACKSONCOl"\iTYJLDGE
APPROVED AS TO FOR..'\I:
: John B. DahillAdvisory Chief.Civil Section
REQLESTOR
BY: Steven G. King
Page of
Di"LLi"S COUNTYPUBLIC WORKS
88
, , I· I ;,,. '-
August 6.2001
ME"tORA~DUM
TO:
THROUGH:
FROM:
SUBJECT:
Commissioners Court
Commissioner Mike Cantrell. Road & Bridge District #2
Selas Camarillo. P.E.. R.P.L.S. :~
Assistant Director - Property Divis~
Old Terrell Interurban Railway in Mesquite, TexasRequest from City of Mesquite to Exchange Portion ofCounty-oMled Railway for City-<>wnedRight-of- Way
BACKGROUND
The Commissioners Court was briefed on the subject exchange on November 14,2000. The City ofMesquite (the "City") OMlS approximately 23 acres of land in the Thomas 1. Sewell Survey, Abstract No.1359, Page 400, between East Glen Boulevard and Newsome Road, east of Clay-Mathis Road in the City ofMesquite. The surplus Old Terrell Interurban R.O. W. OMled by Dallas County clips the southwest comer ofthe City's 23-acre tract. The City desires to "square the tract" along its western boundary line for ease ofdeveloping a practice soccer complex, see attached map.
Related to the City's request. Dallas County is currently acquiring the necessary right-of-way (ROW) for theBelt Line Road Project 91-856 (Mercury Road to Lake June Road). The City OMlS property within thealignment of the Belt Line Road Project. Dallas County needs to obtain from the City one permanenteasement (Parcel 7 DE) and three temporary easements (Parcels 2TE, 7TEI & 2), a total of22,040 squarefeet for the Project.
Commissioners Court Order No. 2000-2350 dated November 21, 2000, authorized the Public WorksDepartment to appraise the County-owned surplus property and the property OMled by the City on the BeltLine Road project. The City bas agreed to pay County the appraised fair market value ofthe Countyproperty less a credit for the value of the City-owned property required for the Belt Line Road project.
LEGAL INFORMAnON
This eO~vey~ce is in accordance with the V.T.C.A. Local Government Code, Section 272.001.f····
FINANCIAL IMPACT
Appraisals have been prepared by the Public Works Department Appraisal staff establishing the fair marketvalue ofthe County-owned property at S10,833 and the City-owned property at S2,547. Administrative cost
411 Elm Street, 4th Floor
, .Dallas, Texas 75202 (214) 653-7151
89Commissioners Court·Page 2August 6. 200 I
to prepare the appraisal report were $1,396. No direct costs will accrue to Dallas County. The reimbursementdue from the City is as follows:
Appraised Fair \1arket Value of County Propertv:
0.9848 Acres x $II.OOO/Acre
Appraised Fair \1arket Value ofCitv Property (Beltline Road ROW):
Parcel 7-DE (8.640 SF), 7TE 1 and 7TE2 ( 12.409 SF) - $2,417Parcel 2-TE (991 SF) $ 130
$2,547Credit
Administrative Costs (Actual)
TOTAL COMPENSAnON DUE
RECOMMENDAnON
$10.833
($ 2,547)
$ 1.396
S 9,682
The Director of Public Works has reviewed the request from the City, concurs and recommends that theCommissioners Court: (I) sell the 0.9848 acre tract of surplus County property to the City of Mesquite, Texasfor $9,682, being the appraised fair market value of $1 0,833, plus administrative costs of $1,396, less the creditof$2,547 for the City-owned ROW, and (2) authorize the County Judge to sign a Special Warranty Deed andany other related documents conveying the County-owned surplus property to the City.
If the Commissioners Court is in agreement. a court order authorizing the matters above will be placed on thenext regular agenda.
APPROVED BY:
Donald R. Holzwarth. P.E.Director of Public Works
/J:.1SLI--J PAg;peiSCJfyDocument.s:I[nturb:IMesq £XCh Brfl
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Attachment
90
COUNTY OF DALLAS
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COlJI'!'TY OF DALLAS § KNOW ALL PERSONS BY THESE PRESENTS:
THAT the County of Dallas, Texas, a political subdivision of the State ofTexas, ("Grantor"), by virtue ofa duly executedCommissioners Court Order No. 2001-__ dated ,2001, for and in consideration ofthe sum ofTEN ($10.00)DOLLARS and other good and valuable consideration in hand paid by the City of Mesquite, Texas, the receipt of whichis hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRAi"-ll, SELL andCOl'.'VEY, unto the City of Mesquite, Texas, a municipal corporation (hereinafter "Grantee"), the following real property(the "Property") situated in Dallas County, Texas, to wit:
BEING a tract ofland out ofthe James M Sewell Survey, Abstract No. 1358, in the City ofMesquite,Dallas County. Texas and being part ofa 100foot right ofway known as the Old Terrell Interurban100foot right ofway, conveyed to the County ofDallas by deed recorded in Volume 875. Page 575,Deed Records. Dallas County, Texas. and being more particularly described on Exhibit "A ", attachedhereto:
THIS CONVEYANCE IS MADE SUBJECT AND SUBORDINATE TO:
The conveyance is subject to the existing rights ofway or easements ofany and all utilities or common carriers havingthe power of eminent domain which were created or installed prior to the date of sale and any other utilities or commoncarriers in place.
Further the Property is sold subject to any and all encroachments, conditions, covenants, easements, restrictions,reservations, mineral reservations, or right-of-way easements or other instruments of record or apparent on the groundaffecting the property.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenancesthereto in anywise belonging, unto the said Grantee, its successors and assigns forever; and Grantor does hereby, binditself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said Property unto saidGrantee, its successors and assigns, against every person whomever lawfully claiming or to claim the same or any partthereof, BY, THROUGH, OR UNDER GRANTOR, BUT NOT OTHERWISE.
EXECUI1D .t~is the day of , A.D., 2001.
J./
APPROVED AS TO FORM:
By:Karen Tabary, AssistantDistrict Attorney, Civil Section
COUNTYOFDAL~TEXAS
By:Lee F. Jackson, County Judge
91
ACKNOWLEDGMENT
THE STATE OF TEXAS §"
COlJNTY OF DALLAS § BEFORE ME, the undersigned authority,
on this day personally appeared Lee F. Jackson, County Judge for Dallas County, Texas, kno,,",n to me to be the personand officer whose name is subscnoed to the foregoing instrument and acknowledged to me that the same was the act ofDallas County, Texas, a political subdivision of the State ofTexas for the purposes and consideration therein expressedand in the capacity herein stated.
GIVEN UNDER MY HA..l\ffi At'ID SEAL OF OFFICE, this _ day of , 200 l.
Notary Public in and for the State ofTexasMy Commission Expires _
GRAt"ITEE'S ADDRESS: City of Mesquite1515 N. GallowayP.O. Box 850137Mesquite, TX 75185-0137
HyDocuments:/lnterurb:!SWDMesquite.City
j.I
92 E..XHIB IT "A"
PROPERTY DESCRIPTION
BEfNG a tract of land out of the James M. Sewell Survey, Abstract No. 1358, in the City ofMesquite, Dallas CountY, Texas and being part of a 100 Foot Right Of Way to the County of Dallas,also called the Old Terrelllnterurban 100 Foot Right Of Way, as recorded in Volume 875, Page 575,Deed Records of Dallas County, Texas and being more particularly described as follows
BEGIN'NlN'G at a 1/2 inch iron rod found at the Southwest corner of a tract of land conveyed to theCity of Mesquite, Texas, as recorded in Volume 95083, Page 253, Map Records of Dallas County,Texas, said point also being in the Northerly right of way line of said County of Dallas 100 FootRight Of Way;
THENCE S 77" 33' 40" E, 671.25 feet along the Northerly right ofv,;ay line of said County ofDallas 100 Foot Right Of Way and the South line of said City of Mesquite tract to a 1/2 inch ironrod set in the North line of Newsom Road and the South line of said City of Mesquite tract;
THENCE: N 89° 43' IS" W, 474.75 feet along a projection line of the South line of said City ofMesquite tract, across the said County of Dallas 100 Foot Right Of Way, to a 1/2 inch iron rod set;
THENCE: N 7r 33' 40" W, 186.77 feet along the Southerly line of said ~ounty of Dallas 100 FootRight Of Way to a 112 inch iron rod set
THENCE: N 00° 55' 10" E, 102.06 feet along the projection of the West line of said City ofMesquite tract to the POINT OF BEGINNING and containing 42,901 square feet ofland.
May) 5,2001
1. L. LANE . v ~
REGISTEREipROFESSIONAL LAND SURVEYOR NO. 2509
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BASIS OF BEARING IS THESOUTH ROW LINE OF EASTGLEN AS PER DEED INVOL 95083 PG 253
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SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE PLAT HEREON IS ATRUE. CORRECT AND ACCURATE REPRESENTATION OFTHE PROPERTY AS DETERMINED BY AN ON THEGROUND SURVEY. THE 1I NES AND DIt.lENS IONS OFSAID PROPERTY BEING AS INDICATED BY THE PLAT.
JANUARY 26. 200 I " ./J
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DALLAS COUNTYPUBLIC WORKS
94
August 14, 2001
"tEMORA~DCM:
TO: Commissioners Court
FROM: Donald R. Holzwarth. P.E.Director of Public Works
SUBJECT: Rationale for Same Date Briefmg and Court Order
The Public Works Department and Contract Land Staft Inc. have negotia.ted Work OrderFees for right of way services on the Singleton Boulevard Project 91-881 andAmendment No.2 to the Indefinite Quantity Contract to incorporate the RelocationAssistance component of the new Dallas C"Ounty Real Estate Policy.
In effort to avoid delays in the Contractor's completion time schedule. the Court Orderauthorizing the Work Order No. II and Amendment No.2 has been placed on today'sFormal Agenda.
m;UJ'Donald R Holzwarth P.E.Director of Public Works
sc~~()()O-02I1trratione:ct
j "
411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151
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DALLI\S COUNTYPUBLIC WORKS
95
_. ,.' '-.. , - 'I r: C3
August 14. 2001
TO: Commissioners Court
COURT ORDER ON FORMAL AGENDA
THROLGH: John \Viley Price. Commissioner District No.3
FROM: Se1as Camarillo, P.E.. R.P.L.S., Assistant Director - Property Divisi~
SLBJECT: 1.
2.
RO W Acquisition ServicesAmendment No.2 - CLS IDQ ContractWork Order No. 11Singleton Blvd. Project 91-881
BACKGROUND OF ISSUE:
1. Pursuant to Court Order No. 99-771 the Commissioners Court adopted a Policy forprocurement of Right of Way Services. Subsequently, on September 28, 1999 anIndefinite Delivery Quantity (IDQ) Contract was awarded to Contract Land Staff. Inc.(CLS). Recently. the Commissioners Court implemented a new Real Estate Policy.which includes a Relocation Assistance Policy. Under this provision Dallas Countycompensates property owners or business owners which have been displaced as a resultof a transportation improvement project.
Under the Indefinite Delivery Quantity Contract Dallas County negotiates individualWork Order fees and Time ofCompletion Schedules for selected projects. The SingletonBoulevard Project 91-881 has progressed to the right of way acquisition phase and CLShas agreed to provide right of way and relocation services on forty-six (46) of the eightynine (89) parcels on this project.
IMPACT ON OPERATIONS:
The; rig!}t of way acquisition services for the Singleton Boulevard project will be performedcoop,era}i.vely utilizing in-house ROW staff and CLS. This will assure that the acquisition phaseis sUbstantially completed within the committed schedule.
LEGAL INFORMATION:
An amendment to the original IDQ Contract with CLS will be required to incorporate theRelocation Assistance Services provisions of the County's Real Estate Policy.
411 Elm Street, 4th FI()()r DaJlas, Texas 75202 (214) 653-7151
96
FINANCIAL IMPACT/CONSIDERATIONS:
The 1991 Thoroughfare Transportation Bond Program and the MCIP include funding for Rightof Way Acquisition activities. Work Order No, 11 has been negotiated at a not to exceed fee of$404.050.00 ~ith a Time of Completion of 12-months from the date of "Notice to Proceed",
PERFORMA-~CE "IEA-SURES IMPACT:
Authorizing of Amendment No. 2 and Work Order No. 11 will allow the Public WorksDepartment to initiate completion of 89 parcels, which comprise a portion of the Department'swork output.
RECOMMENDATION:
The Director of Public Works recommends as follows:
1. That the Commissioners Court authorize Amendment No. 2 to the Indefinite QuantityContract with Contract Land Staff, Inc. to incorporate 'the Relocation Assistancecomponent of the new Dallas County Real Estate Policy.
2. That the Commissioners Court award Work Order No. 11 to Contract Land Staff. Inc. inthe amount not to exceed fee of $404,050.00 with a completion time of 12-rnonths fromdate of "Notice to Proceed" to be funded from Fund 0424, Project 91-881. for RO WAcquisition Services on Singleton Boulevard Project 91-881 from Hampton Road toCanada Drive in Road and Bridge District No.3.
In order to avoid delays in execution of this work a Court Order authorizing Amendment No. 2and Work Order No. 11, to the CLS IDQ Contract has been placed on today's formal agenda.
Approved By:
WUklDonald R. Holwarth. P.E.Director of Public Works
)
SeedSelas2001-0IcBrrejCLS Rei WO II
Xc: John Dahill, Chief Advisory - District Attorney - Civil Section
DALLA.5 COC~TYPUBLIC WORKS
August 8. 2001
\1Eyl0RA~DUM
TO: Commissioners Court
97
~I. 1: ~ S
THROUGH: Kenneth A. Mayfield. Commissioner. District No.4
~ {//FROM: Selas Camarillo. P.E .. R.P.L~
Assistant Director - Property Division
SUBJECT: Resale of Tax Foreclosure Properties by Irving I.S.D.Irving I.S.D. et al vs. Joyce J. Pittman (In Person and in Rem), Cause No. 97-41482-TL1212 Oakland Drive, Irving, Account No. 32316500100030100
BACKGROUND OF ISSUE
The subject property was offered for sale by the Sheri;~ of Dallas County at public auction and was struck off tothe Irving I.S.D. in November of 1998. The Irving I.S.D. holds the property in trust for all each taxingjurisdiction party to the judgment. e.g., Irving I.S.D., City of Irving and County of Dallas. pursuant to S<xtion34.01(c) Property Tax Code.
Irving I.S.D. has received an offer of $1 ,500 from the abutting landowner. Due to its size and contiguration this3.659± square foot triangular shaped property would not be of value to anyone other than the abutting propertyowner. The City has offered this property for sale via a sealed bid procedure on at least two occasions with nobids received. Irving I.S.D. is requesting Dallas County's consent to accept the otTer for less than the totalamount of the judgments against the property pursuant to Section 34.05(i) of the Tax Code.
IMPACT ON OPERATIONS AND MAINTENANCE
Acceptance of this offer will return the property to the tax rolls thereby increasing tax revenue to the taxingunits.
LEGAL INFORMATIONJ ..
The sa-fe is' pursuant to the Texas Property Tax Code, Section 34.05, Resale by Taxing Units. which allows thetaxing unit that purchased the property to sell the property at a private sale for an amount less than either theaggregate amount of the judgments against the property or the market value of the property as stated in thejudgment of foreclosure with the consent of each taxing unit entitled to receive proceeds of the sale under thejudgment. The sale is also in compliance with the Dallas County Tax Foreclosure Resale Policy adopted by theCommissioners Court via Court Order No. 2000-396.
411 Elm Street, 4th Floor Dallas, Texas 75202 (214).653-7151
98Commissioners CourtAugust 8, 200 IPage 2
FINA..',rCIAL rMPACT/CONSIDERATONS
The otTer received on 1212 Oakland Drive, Ir.ing of $1.500 is $6,241.44 less than the judgment amount I struckoff amount) of S7. 741.44. The base amount due Dallas County in the judgment is $430.40 (1991. 1993-1997)lr.ing LSD. ",ill distribute the proceeds in accordance with the Tax Code, Sec. 34.06.
32316500100030100' 1212 Oakland i $7.741.44Dr.. bing
Tax Account No. : Street Address i Judgment AmountIi in Sheriff's Deed
Judgment i BaseCause No. I Amount
: Due County97-41482-TL I $430.40
\mountof Offer
51.500
"arne ofBidder
DC1ugias (J
\ 1;1\ er
PERFOR..MAt"lCE :vtEASURES lMPACT
No impact.
RECOMMENDAnON
The Director of Public Works recommends that the Lvmmissioners Court: (I) consent to the sale at the offeramount of $1,500.00 received by Irving I.S.D. from Douglas G. Mayer for the tax foreclosed property located at1212 Oakland Drive, Irving, even if the otTer tendered is less than the market value of the land specified In thejudgment of foreclosure or the total amount of the judgments against the property, and (2) authorize the Irvingf.S.D., as Trustee, to act on behalf of the County of Dallas, the Dallas County Community College District. theParkland Hospital District and the Dallas County School Equalization Fund in the sale and execution of aQuitclaim Deed of said tax foreclosure property.
If the Commissioners Court concurs, a court order authorizing the above actions will be placed on the nextregular agenda.
APPROVED BY:
&&tilth ')Donald R. Holzwarth, P.E.Director of Public Works
JPAE:peISCCiMy Documents/!itaxflrvingISD Oakdale Cons.Brf
t, _ ..
Attachments
cc: DeMetris Sampson, LHGBGPSDavid Childs, Tax Assessor/Collector
99
IRvINGIndependent School Dismet
US:\ FREE.\l-\..'.', RT:\, CST:\DIrector of Tax.1tlon
July 26, 2001
Dallas CountyAdministration Building411 Elm Street3rd FloorDallas, TX 75202ATIN: Pam Easterling
::\CK SI~GLEY
The Irving ISO Tax Office has an offer on the property located at 1212 OaklandDr., Irving, Texas, account #32316500100030100. The legal description isMeyers Acres Annex, Pt Blk J Tr 3,1 Acs 0,084.
The market value at judgement was $9,150.00. This property was struck off toIrving ISO in 1998, The taxes owed on this property to all three taxing entitiesare $9,515.17. The offer we received is $1,500.00.
We are seeking approval from Dallas County and City of Irving at this time to sellat a lesser amount. Please keep in mind that this property is a very small mediantype piece of property that would not be of value to anyone other than aneighbor. We would like to get this property back on the tax rolls.
I have attached a copy of the letter of interest and a picture of the land. If youhave any questions, please contact Lisa Freeman or myself.
Thank you,
~WAmb-er Beal, RTCDelinquent Deputy Tax Collector
Enc!.
819 :-:orth O'Connor Road lr>ing. TX 75015 TeL 972/273-6103 Fa-x 972/273-6108
--100
AKM INC.
REAL ESTATE ASSET MANAGEMENT. INVESTMENT. DEVELOPMENT
July 23, 2001
Tax Collector and Board of TrusteesIrving Independent School District819N.O'ConnorRoadIrving, Texas 75061
Re: Proposal to purchase small parcel ofland at 1212 Oakland Dr. Irving, TX.
Greetings,
I own and operate the Best Little Warehouse in Texas iocated at 1212 Oakland Dr.Irving. In acquiring this facility a small parcel of land was excluded. That parcel of landis now identified as account 32316500100030100. For years I have attempted to recoverthis property and join it with the original plat with out any cooperation from the City,County or School District. The joining of this parcel with the original plat would be ineveryone's best interest and to that extent I am prepared to offer fifteen hundred(1,500.00) dollars to purchase the property
Please advise me of your interest in placing this parcel of land back into your tax revenuepool.
Sincerely,
6646 INdUSTRIAl PARk Blvd.• SUiTE A • NORTk RlcklANd Hills. TEXAS 76180 • 817-485-8585 METRO 498-7654
101
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103
DALLAS COUNTYPUBLIC WORKS
August 8, 200 I
\'1 E '1 0 R A "Ii D L \1:
TO:
FROM:
SUBJECT:
Commissioners Court
Sdas Camarillo, P.E., R.P.L.S/Assistant Director - Property DIvision
New City of Dallas Procedure Regarding the Transfer of Tax foreclosure Properties to NonProfits, for the Development of Housing for Low Income Individua!s or families
BACKGROUND
Commissioners Court Order No. 98-2411 dated D~ber IS, 1998 approved City of Dallas Ordinance No.23713 dated November 6, 1998 as the City's means for implementing the land assembly program for non-profitorganizations under the Texas Property Tax Code, Section 34.015 (Alternate Manner of Sale), as amended byH.B. 110, 75th Texas Legislature, Session law, Chapter 712, effective June 17, 1997. This House Bill amendedSection 34.015 (Alternate Manner of Sale) of the Property Tax Code to add a provision for municipalities totransfer tax foreclosed properties to non-profit organizations which develop housing for low-income persons.
The purpose of this briefmg is to present a new City established procedure. The City has developed a LandBank to assemble vacant lots fur future development of affordable housing. This pilot program is in its secondyear of operation, and is limited to tax-foreclosed, seized, and City-owned surplus lots. The new City procedureinvolves banking tax-foreclosed properties to non-profit organizations. Currently, with consent from all taxingentities, a tax-foreclosed property can be sold to a non-profn organization to develop affordable housing withinthree (3) years ofconveyance fr.om the City. However, the City is proposing an extension to the current three(3) year property development requirement to include a three (3) year hold in the City Land Bank and two (2)additional years for a total of five (5) years to allow sufficient time to complete development of affordablehousing. The City's Land Bank is explained in the attached City approved Resolution 01-1411.
The criteria for participating in the Land Bank is based on the same requirements of City Ordinance 23713,which was approved by the City Council and the Commissioners Court as a result of H.B. 110 amending Section34.015 ofthe Property Tax Code. Eligible participants are limited to non-profit organizations. Currently the Cityhas banked 41 City-owned surplus lots. The City has 54 tax-foreclosed properties that could be banked baseddn letfers o~ intent from non-profit organizations. These lots are developable and residentially zoned.
f· _......
The current policy (1) grants priority of purchase to qualified non-profit organizations over other interestedbidders/purchasers and (2) sets a fixed purchase price for the sale of individual tax foreclosed properties subjectto consent of the Commissioners Court. However, each ofthe taxingjurisdietions party to the tax judgment hasthe right of first refusal on any tax foreclosure property each may require for public purposes.
To date, 93 tax-foreclosed properties have been conveyed from the City to eligible non-profit organizations fordevelopment ofaffordable housing. Ten ofthese properties bave been improved and three are tmder constructionincluding two multi-family developments consisting of80 units.
411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151
104Commissioners CourtPage 2August 8, 200 I
The benefit of the Land Bank is to build attractive and livable communities. return City held vacant lots backto their productive use, allow for the assembly of several lots in the same development, and to providehomeo\',nership opportunities.
1'·1PACT ON OPERATIONS
The impact that this would have on the County is as follows:
1. This would require the County to pull designated properties off the tax roll for up to five (5) years.
2. This would require tax foreclosed properties, even the ones that have an appraised value of$l 0,000 or moreto be sold for $1,000, plus $0.133 for each additional square foot, depending on the lot sizes, and if thereis not a public need or purpose.
LEGAL INFORMAnON
Section 34.015 (Alternate Manner of Sale) of the Property Tax Code allows a municipality to provide for themanner in which any land acquired by the municipality following the foreclosure of a tax lien in favor of themunicipality or the seizure of land may be sold if sold to a non profit organization. A municipality operatingunder this section may adopt an ordinance to detennine the individuals and families who qualify as low-incomeindividuals and families under section (aX 1) or (2) of Section 34.015. .
The Dallas County District Attomey's Office has reviewed the City proposal to ensure it is not in conflict withapplicable statutes.
FINA..~CIAL IMPACf/CONSIDERATION
The purchase price to a qualified non-profit organization will remain the same as cited in City Ordinance 23713.which is a fixed price of$1,000 per single family lot up to 7,500 square feet of land under a single proposal, pius$0.133 per square feet for each additional square foot. The fixed purchase price of $1 ,000 is distributed asfollows: City Administrative fees ($500), lot maintenance fees ($400), court cost ($100). Any proceeds over$1,000 will go towards remaining court costs, out ofjudgment liens, then to the taxing units in proportion totheir tax delinquencies. An additional sum will be paid only to the City for costs of recording legal documentsassociated with the transaction.
Each vacant lot purchased by the non-profit will be used to construct a new home or multi-family structure.Upon cempletion ofthe construction the property wiU be sold to qualified families. Dallas County will receivetax revenue benefit from new property improvements being placed on these vacant lots. The "long-tenn"pat.me~.()fpropertytaxes by these homeowners will more than offset the loss ofrevenue from the sale of theselots to the non-profit organizations.
PERFORMANCE MEASURES IMPACT
No impact.
105Commissioners CbUItPage 3August 8, 200 I
RECOMMENDATION:
The Department of Public Works recommends that the Commissioners Court: (1) accept the procedure outlinedin the attached City of DaJlas Land Transfer Program Statement as the City's means to implement the procedurescontained in the Land Transfer Program Statement to allow for the private sale ofta.-..:-foreclosed properties tonon-profit organizations prior to offering ta.x-foreclosed properties for sale to the public in accordance v.ith theattached Program Statement, conditioned on the City of Dallas obtaining similar consent from Dallas IS D.. and(2) accept the modifications to the Program Statement for the Land Transfer Program as shown in Exhibit C
anached hereto.
If the Commissioners Court is in agreement, the anached court order authorizing the maners above will be placedon the next regular agenda.
APPROVED BY:
Donald Holzwarth, P.E.Director of Public Works
PAEpeiSCMyDocuments:/dtaxJHB 11 0 BrtJ
cc: John B. Dahill, Assistant District Anorney's OfficeDavid Childs, Tax Assessor-CollectorDeMetris Sampson, Attorney, LHGBGP&S
Attachments
I.I
106
May 9,2001
WHEREAS, on November 13, 1996 and September 22, 1999, City Council byResolutions # 96-3691 and # 99-3042 authorized the transfer and/or conveyance oftax-foreclosed and seized property to qualified non-profit organizations for thedevelopment of affordable housing; and
WHEREAS, on May 14, 1997 and November 11, 1998, City Council by Resolution#97-1504 and Ordinance #23713, authorized the implementation of the private sale oftax-foreclosed properties to non-profit organizations for the purpose of developingaffordable housing; and
WHEREAS, on September 22, 1999, City Council by Resolution #99-3047 approved$375,000 for funding of the Land Bank for Fiscal Year 1999-00; and
WHEREAS, City Council wishes to bank developable, City-owned surplus property forsubsequent conveyance to a qualified, non-profit corporation with the purpose ofproviding affordable housing to low and moderate income persons; and
WHEREAS, the City desires to consolidate all land assembly processes under oneprogram, named the Land Transfer Program; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS.
Section 1. That the City Manager, or his designee, is authorized to implement theprocedures contained in the Land Transfer Program Statement to allow for the privatesale of City surplus, tax foreclosed and seized property to qualified, non-profitorganizations in furtherance of City approved public purposes prior to offering theproperties for sale to the public in accordance with the attached Program Statement(Attachment A).
Section 2. That the City Manager, or his designee, be authorized to consolidate allland assembly processes under the Land Transfer Program as further described in(Attachment A).
Section 3. That, upon approval as to form by the City Attorney, the City Manager isaIJth6f1zed to execute all documents necessary for implementing procedures as setforth in the Program Statement including, but not limited to: deeds, release of liens,releases of reverter interests, and deed restrictions.
Section 4. That this resolution shall take effect immediately from and after its passage,in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.
UfWJ:.:.VID~==:l!!!:I~FFl!"'IlI",s.msu,.....---___
107
May 9,2001
DISTRIBUTION:
Housing DepartmentCity Attorney's OfficeOffice of Financial Services/Community Development, 4FN
j .•
f. - ......
"
APPROVED BY
ClTY COUNC\L
MAY - 9 2001
di::t~1
108
ATIACHMENT A
PROGRAM STATEMENTLAND TRANSFER PROGRAM
o1 1 4 11
Program Purpose: To provide a comprehensive policy for the transfer oftax-foreclosed, seized, and surplus properties to an entity or land bank for the publicpurpose of creating or preserving affordable housing.
I. Direct Transfer to an Approved Entity (Existing Methods)
The City may transfer tax-foreclosed and seized properties to a qualifiednonprofit corporation, for the development or preservation of low-income ormoderate-income housing as follows:
A. Vacant, tax-foreclosed or seized properties developable and zoned forresidential housing may be quitclaimed to non-profit corporations for affordablehousing development pursuant to City Ordinance 23713 which remains in fullforce and effect, as referenced in City Ordinance 24046, (commonly referred toas HB110 Process).
B. Vacant or improved tax-foreclosed and seized property may bequitclaimed to qualified non-profit corporation to be utilized for housing or otherpublic purposes for the lesser of the jUdgment amount or the fair market value ofthe property pursuant to City Resolution #97-1504 which remain in full force andeffect, (commonly referred to as Land Assembly Process).
II Direct Transfer to an Approved Entity (New Method)
Vacant City surplus property suitable for residential development may beconveyed to a City Council approved entity (individuals, corporation, partnership
or other legal entity) as follows:
A. Purchase price of the property will be the same as set forth in CityOrdinance 23713 which is a fixed price of $1,000 for up to 7,500 squarefeet of land under a single proposal, plus $0.133 for each additionalsquare foot.
Jf'
" B: Property must be developed in accordance with a City approveddevelopment timeline, but no later than three years from the date onwhich the entity obtains a quitclaim deed from the City. If theserestrictions are not met, the property will, subject to the City's filing anotice of reverter in the county deed records, revert to City ownership.
109
PROGRAM STATEMENTLAND TRANSFER PROGRAM
(Page 2)
o1 14 11
III. Land Bank (New Method). The City may award a procurement contract with anon-profit corporation for the management and maintenance of vacanttax-foreclosed or City surplus properties which is land banked in anticipation ofthe future development of affordable housing.
A. Eligible participants to acquire banked tax-foreclosed or City surplusproperty which has been banked will be non-profit organizations as defined inCity Ordinance 23713.
8. The City's contract with the non-profit Land Bank Administrator willprovide funding for operational and property management costs associated withthese properties, subject to annual appropriations by the City Council.
C. Vacant tax-foreclosed or Cit)~urplus properties can be banked for aperiod not to exceed three (3) years before the properties are transferred to theeligible participant that was approved by City Council.
D. The Land Bank Administrator will maintain the property while banked untilconveyed, by the City, including mowing, pruning trees and tree clearance,cutting shrubs and weeds, hauling away debris, demolition excess, and illegaldumping to meet City code and compliance requirements. Upon conveyance ofthe banked property, the eligible participant will provide this maintenance.
E. The Land Bank Administrator shall: 1) manage the solicitation ofproposals from non-profit organizations to the City 2) maintain the inventory ofbanked properties 3) identify in conjunction with non-profit organizationsdevelopable properties that are appropriately zoned for residential development,
and 4) hold quarterly meetings with non-profit organization to address land bankissues.
F. Tax-foreclosed or City surplus properties placed into land banking mustbe developable and appropriately zoned for residential development.
JJi
' ." ......
G.. ' Tax-foreclosed or City surplus properties which are land banked can bepurchased by the eligible participant at a fixed price of $1 ,000 for up to 7,500square feet of land under a single proposal, plus $0.133 for each additionalsquare foot.
.. 110
PROGRAM STATEMENTLAND TRANSFER PROGRAM
(Page 3)
o1 14 !l
H. The eligible participant must have an approved development plan andevidence of financing in place to implement the plan. Housing units will becompleted in accordance with a City approved development timeline, but no laterthan t'No (2) years from the date the eligible participant obtains a quitclaim deedon the banked property from the City.
l. Any property not acquired by an eligible participant within three (3) yearsof being banked is subject to resale by the City, or if not built within the t'No (2)years of conveyance to an eligible participant, the property will revert to the Cityfor resale.
J. Prior to banking a tax foreclosed property the City will obtain approvalfrom the other taxing units to implement the land banking procedures fortax foreclosed properties. The City will obtain specific authorization from theTaxing Jurisdictions with an interest in the tax-foreclosed property byaddress to provide for the three (3) year banking period and t'No (2) yeardevelopment timeframes for properties that are banked.
K. Property conveyed by the eligible participants to qualified low-incomehomebuyers, with income less than or equal to 80% of area median familyincome, will contain five (5) year deed restrictions to ensure compliance with theproposed development timetable and to maintain affordability consistent with the
proposal end use, following the completion of construction.
L. In the event competing proposals are received by the City fortax-foreclosed property or City surplus property to be banked, proposals will beevaluated by the City based on the following in order of priority:
1. A nonprofit corporation that needs that land as an outparcel tocomplete development of an affordable housing project;
j . • 2. The corporation that is certified by the City as a Community1. Housing Development Organization (CHDO);
3. If none of the nonprofit corporations is entitled to preference underthe first or second priority area above, the City will evaluate thecompeting proposals for the land and accept the one determined to bein the best interest of the City.
111
PROGRAM 5TATEMENTLANDTRAN5FERPROGRAM
.(Page 4)
01144.1
IV. Neighborhood Notification. City staff will notify the appropriate CityCouncilmember and appropriate neighborhood associations within whose Districtand neighborhood a property is located, upon receipt of a nonprofit organization'swritten proposal to purchase property through Sections I, II and III of the LandTransfer Program as set forth above.
V. Collection of Delinquent Taxes. Release of Non-tax Liens for Public Purpose.The City may provide for the collection of delinquent taxes on privately heldproperty and release of non-tax liens in exchange for development of affordablehousing.
A. The owner of any vacant property with delinquent taxes and outstandingnon-tax liens may:
1. Contact the City with a proposal to pay the delinquent taxes, penaltiesand interest on the property r exchange for release of non-tax liensand the development of affordable housing on the property by theowner or successor in interest. The proposal must include 1) theowner as seller; 2) evidence of construction financing; 3) pre-qualifiedhomebuyer with income at or below 80% of area median income; 4)agreement to construct affordable housing for low income personswithin 2 years of release of non-tax liens and execute deed restrictionswith a reverter on the property; and 5) a request to the City to releasethe non-tax liens on the sUbject property.
B. Upon preliminary approval of the proposal, the Housing Director shall:
1. Submit the proposal to and request City Council approval of release ofthe non-tax lien on the property according to the terms of the proposal.
2. Provide the lien release to the owner or successor in interest atclosing. Closing on the purchase of the property is contingent on
j}. -' payment of taxes by the owner (seller), issuance of title insurance,verification of low income purchaser qualifications, execution of deedrestrictions, and release of non-tax liens; and
.'i
112
PROGRAM STATEMENTLAND TRANSFER PROGRAM
(Page 5)
0114-i1
3. Owner or successor in interest whose proposals are accepted by CityCouncil will execute a 5-year development and affordability deedrestriction that will be placed on the property to ensure compliancewith the development timetable and affordability requirements. Theowner or successor in interest will pay the delinquent taxes, penaltyand interest on the property and execute an agreement with the Citypaying the fair market value of the property to the City in partialconsideration of the non-tax liens, and sign an unsecured promissorynote for the remaining value of the non-tax lien, and execute deedrestrictions on the property. At closing of the sale of the affordablehousing unit to a low income family, the note will be released and theCity will pay the amount paid by the developer on the fair market value
of the property to the homebuyer as a subsidy for downpayment,closing costs and/or mortgage principle reduction.
113COUNCIL CHAM~E.£\
0120 4 '1
June 27, 2001
WHEREAS, the City Council seeks to preserve and increase the supply of affordablehousing for residents of the city of Dallas; and
WHEREAS, a proposed Housing Policy aimed at preserving and increasing the supplyof affordable housing opportunities for city of Dallas residents was presented to theHousing and Neighborhood Development Committee on May 21, 2001 and to theDallas City Council on June 6, 200.1; and
WHEREAS, the City Manager has recommended a goal within the Housing Policy ofpreserving 5,000 existing and developing 5,000 new affordable housing units in fiveyears, by September 30, 2005; and
WHEREAS, the Dallas City Council desires to implement policies and procedures tofacilitate the proposed Housing Policy; NOW, THEREFORE,
BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF pALLAS:
Section 1. That a Housing Policy for the..City of Dallas be adopted, as seen in ExhibitA.
Section 2. That the City Manager, or his designee, be authorized to implement theHousing Department's People Helping People and Dallas Housing Trust Fundprograms, as seen in Exhibit B, and any documents necessary to implement thosecertain programs be authorized for execution.
Section 3. That Program Statements for the People Helping People and DallasHousing Trust Fund programs be approved, as seen in Exhibit B.
Section 4. That modifications to Program Statements for the Home Repair Program,Mortgage Assistance Program, Developer Fee Rebate Program, Land TransferProgram, Community Housing Development Organization (CHDO) Program, andRental Housing Preservation Program be approved, as seen in Exhibit C, and anydocuments necessary to implement those certain programs be authorized forexecution.
i .•
Section .5. That any program income generated by housing programs be recaptured toexPand the pool of resources for additional housing activities.
Section 6. That this resolution shall take effect immediately from and after its passagein accordance with the Charter of the City of Dallas and it is accordingly so resolved.
APPflOVSD ---'HDDZTI'E"'I'IIOI'"DOlftDNlmTMn'INII'I'T-- 'APPflOVSD --""""'lI""lI'l'<1"-~-Cln edNiMUM APPflOVID ----"1"ldl'l"'i'ty'"llM'DIl)l'I<lAOSlIIII
114
DISTRUBUTION
Housing DepartmentCity Attorney's OfficeOffice of Financial Services/Community Devlopment, 4FN
j ••
COUNCIL CHAMBER
012049June 27, 2001
APPROVED BY
CITY COUNCIL
JUN 27 2001
~9~City Secretary
115
o1 20 49
EXHIBIT C
LAND TRANSFER PROGRAMPROGRAM STATEMENT
Program Purpose: To provide a comprehensive policy for the transfer oftax-foreclosed, seized, and surplus properties to an entity or land bank for the publicpurpose of creating or preserving affordable housing.
I. Direct Transfer to an Aoproved Entity {Existing Methods}
The City may transfer tax-foreclosed and seized properties to a qualifiednonprofit corporation, for the development or preservation of low-income ormoderate-income housing as follows:
A. Vacant, tax-foreclosed or seized properties developable and zoned forresidential housing may be quitcl~imed to non-profit corporations for affordablehousing development pursuant to-City Ordinance 23713 which remains in fullforce and effect, as referenced in City Ordinance 24046, (commonly referred toas HB11 0 Process).
B. Vacant or improved tax-foreclosed and seized property may be quitclaimed toqualified non-profit corporation to be utilized for housing or other publicpurposes for the lesser of the judgment amount or the fair market value of theproperty pursuant to City Resolution #97-1504 which remain in full force andeffect, (commonly referred to as Land Assembly Process).
II. Direct Transfer to an Approved Entity (New Method)
Vacant City surplus property suitable for residential development may beconveyed to a City Council approved entity (individuals, corporation, partnershipor other legal entity) as follows:
Ai. ." Purchase price of the property will be the same as set forth in City OrdinanceJ . -23713 which is a fixed price of $1,000 for up to 7,500 square feet of land under a
single proposal, plus $0.133 for each additional square foot.
'.
116
o1 20 49
EXHIBITCLAND TRANSFER PROGRAM
PROGRAM STATEMENT
Page 2
B. Property must be developed in accordance with a City approved developmenttimeline, but no later than three years from the date on which the entity obtainsan instrument from the City. If these restrictions are not met, the property w+++may, subject to the City's filing a notice of reverter in the county deed records aright of reverter, revert to City ownership. -
III. Land Bank (New Method), The City may award a procurement contract with a.non-profit corporation for the management and maintenance of vacanttax-foreclosed or City surplus properties which is land banked in anticipation ofthe future development of affordable housing.
A Eligible participants to acquire banked tax-foreclosed or City surplus propertywhich has been banked will be non-profit organizations as defined in CityOrdinance 23713.
B. The City's contract with the non-profit Land Bank Administrator will providefunding for operational and property management costs associated with theseproperties, subject to annual appropriations by the City Council.
C. Vacant tax-foreclosed or City surplus properties can be banked for a period notto exceed three (3) years before the properties are transferred to the eligibleparticipant that was approved by City Council.
D. The Land Bank Administrator will maintain the property while banked untilconveyed, by the City, including mowing, pruning trees and tree clearance,cutting shrubs and weeds, hauling away debris and demolition excess remains,and removing illegal dumping to meet City code and compliance requirements.Upon conveyance of the banked property, the eligible participant will provide thismaintenance.
f.; ....
e. . The Land Bank Administrator shall: 1) manage the solicitation of proposalsfrom non-profit organizations to the City 2) maintain the inventory of bankedproperties 3) identify in conjunction with non-profit organizations developableproperties that are appropriately zoned for residential development, and 4) holdquarterly meetings with non-profit organization to address land bank issues.
117
EXHIBIT CLAND TRANSFER PROGRAM
PROGRAM STATEMENTPage 3
o1 20 49
F. Tax-foreclosed or City surplus properties placed into land banking must bedevelopable and appropriately zoned for residential development.
G. Tax-foreclosed or City surplus properties which are land banked can bepurchased by the eligible participant at a fixed price
H. The eligible participant must have an approved development plan and evidenceof financing in place to implement the plan. Housing units will be completed inaccordance with a City approved development timeline, but no later than two (2)years from the date the eligible participant obtains an instrument on the bankedproperty from the City.
I. Any property not acquired by iflJ eligible participant within three (3) years ofbeing banked is subject to resale by the City, or if not built within the two (2)years of conveyance to an eligible participant, the property will revert is subjectto reversion to the City for resale.
J. Prior to banking a tax foreclosed property the City will obtain approval from theother taxing units to implement the land banking procedures for tax foreclosedproperties. The City will obtain specific authorization from the TaxingJurisdictions with an interest in the tax-foreclosed property by address to providefor the three (3) year banking period and two (2) year development timeframesfor properties that are banked.
K Property conveyed by the eligible participants to qualified low-incomehomebuyers, with income less than or equal to 80% of area median familyincome, will contain five (5) year deed restrictions to ensure compliance with theproposed development timetable and to maintain affordability consistent with theproposal end use, following the completion of construction.
L. In the event competing proposals are received by the City for tax-foreclosed',. ".p'roperty or City surplus property to be banked, .proposals will be" . evaluated by the City based on the following in order of priority:
1. A nonprofit corporation that needs that land as an outparcel to completedevelopment of an affordable housing project;
2. The corporation that is certified by the City as a Community HousingDevelopment Organization (CHDO);
118
EXHIBIT CLAND TRANSFER PROGRAM
PROGRAM STATEMENTPage 4
o1 20 49
3. If none of the nonprofit corporations is entitled to preference under the first orsecond priority area above, the City Council will evaluate the competingproposals for the land and accept the J.Q EtAe determined which is~ in thebest interest of the City.
IV. Neighborhood Notification. City staff will notify the appropriate CityCouncilmember and appropriate neighborhood associations within whoseDistrict and neighborhood a property is located, upon receipt of a nonprOfit,organization's written proposal to purchase property through Sections I, \I and IIIof the Land Transfer Program as set forth above.
V. Collection of Delinquent Taxes, Release of Non-tax Liens for Public Purpose.The City may provide for the collection of delinquent taxes on privately heldproperty and release of non-tax liens in exchange for development of affordablehousing.
A. The owner of any vacant property with delinquent taxes and outstanding non-taxliens may:
1. Contact the City with a proposal to pay the delinquent taxes, penalties andinterest on the property in exchange for release of non-tax liens and thedevelopment of affordable housing on the property by the owner or successor ininterest. The proposal must include 1) the owner as seller; 2) evidence ofconstruction financing; 3) pre-qualified homebuyer with income at or below 80%of area median income; 4) agreement to construct affordable housing for lowincome persons within 2 years of release of non-tax liens and execute deedrestrictions with a right of reverter on the property; and 5) a request to the Cityto release the non-tax liens on the subject property.
! EL Upon preliminary appro'Jal review of the proposal, the Housing Director shall:j '"
1. Submit the proposal to and request City Council approval of release of thenon-tax lien on the property according to the terms of the proposal.
119
EXHIBIT CLAND TRANSFER PROGRAM
PROGRAM STATEMENT(Page 5)
o1 20 49
2. Provide' lien release to the owner or successor in interest at closing. Closingon the purchase of the property is contingent on payment of taxes by the owner(seller), issuance of title insurance, verification of low income purchaserqualifications, execution of deed restrictions, and release of non-tax liens; and
3. Owner or successor in interest whose proposals are accepted by CityCouncil will execute a note and 5-year development and affordability deedrestrictions that will be placed on the property to ensure compliance with thedevelopment timetable and affordability requirements. The owner or successorin interest will pay the delinquent taxes, penalty and interest on the property aA4execute an agreement with the City paying the fairmarket value of the property tothe City in partial consideration of the non tax liens, ?nd sign an unsecuredpromissory note for the remaining value of the non-tax lien, and execute deedrestrictions on the property. At closing of the sale of the affordable housing unitto a low income family, the note will be released. and the City will pay theamount paid by the developer on the fair market 't'alue of the property to thehomebuyor as a subsidy for downpaymont, closing costs and/or mortgageprinciple reduction.
120
DALLAS COUNTYDISTRlCT COURT ADMINISTRATIONALTERtI\lATIVE DISPUTE RESOLUTION
~.' '': - ~ .;~,',-' \ r ....
\lE\lORANDUM
August 7. 2001
TO:
THROUGH:
FROM: LtSUBJECT:
Honorable c~o/~ronersCourt
Ron MaCkaj!it).(Cris Gilbert. ADR Coordinator
CPS Mediation Project Briefing and Court Order
The attached briefing and court order are oeing submitted simultaneously because of theimpending deadline of the grant contract. wb.ich expires August 30, 2001. In order to remainin compliance \vith the current contract it is Important that the extension of the contract beimplemented as soon as possible.
The approval and recommendations of the courts and County Auditor are a part of thebriefing and court-order.
t-'
;, ..
., 600 Commerce Street., SUite 7·134. Dallas. Texas 75202 (214)653-6034 FAX ,:14165)·-:,:
121THREE HL~DRED FIFTHJLDICIAL DISTRICT COLRTCHERYL LEE SHAL'lNON, JeDGE
DATE:
TO:
.-\ugust 3.2001
Commissioners Court
FRO:\-l:
THROCGH: Virginia Porter ~~4v(County Auditor t yJudg:e Cheryl Shannon l C ~ /305lh Juvenile DIStnct Court
SrBJECT: Extension of CPS Mediation Grant and Reimbursement Authorization
Background
The Texas Department of Protective and Regulatory Affairs (TDPRS) awarded Contract No.9900-0419 between TDPRS and Dallas County in June of 2000. On June 6, 2000, by CourtOrder ~2000-1149, the Commissioners Court approved acceptance of the CPS MediatIOn projectgrant av"ard form the Texas Department of Protective and Regulatory Services for funding In theamount of 568,525, with no County match requirement, and further authorized the County Judgeto sign all related documents. The grant period and effective dates of the contract are from thel;t day of May, 2000 and continuing through the 30th day of August, 2001.
The Dallas County CPS Mediation Project has been successful in improving the Judicialhandling of CPS cases by encouraging mediations as an alternative to trial, which has loweredcosts and lessened trauma for children in foster care. To date the project has expended 40% ofawarded contract amount. The ADR Coordinator has served as grant and contract administrator
The Texas Department of Protective and Regulatory Affairs has requested approval for theauthorization of the ADR Coordinator to sign the Request for Reimbursement to be submmed toTDPRS.
Thejputpose of this briefing is to request an extension on the grant period that ends August 30,200 i to January 30, 2002, or until the remainder of the grant as been expended, whichever comesfirst. The ADR Office will at that time submit a final report on the CPS Mediation project.The courts are also requesting the ADR Coordinator be authorized to sign and submit theRequest for Reimbursement and all required paperwork under the grant in accordance with theMinimum Guidelines for ClA-Funded Programs, Section B.S.
Operational Impact
Henry Wade Justice Center, 2600 Lone Star Dr., LB-4, Dallas, Texas 75212, 214-698-49~4
122
This program has been a joint project between the Family and Juvenile courts to expand the useof programs designed to facilitate settlement of CPS cases. Through educational programsregarding the use of alternatIve dispute resolutIon techniques, creatIve solutions have beenimplemented through the court-supervised program that has provided mediation prior to, orsimultaneously Wlth, scheduling a contested hearing.
The maJonty of the grant funds have been used to pay qualified mediators selected by the Familyand Juvemle Judges. The grant budget Wlll remain the same.
Financial Impact
The full amount of the grant award was S68,525. Of that amount, S21 ,725 of the S45.000 Inmediation fees have been expended to date. This requires no County match and does not allowfor the recovery of Indirect cost. The acceptance of this grant extenSion, WIll have no directeffect on the General Fund. The payment process of the grant is a reimbursement process andthe County is required to have tVvo-months operating expenses available to begin the project andcarry it forward until reimbursement of expenses begins. The ADR Coordinator's office, as leadagency, has served as grant and contracts administrator and is allowed on-going administratIvecost at 15% of the mediation fees. Administrative costs may be used to supplement thecoordinator's salary and/or for other administrative expenses. Startup'administrative costs andongoing administrative costs have not been expended.
The current budget is as follows:
1. MEDIATION FEESThe total budget amount consisted of An estimated150 cases, at an average of 3 hours per case andS100 per hour mediator fee. A total of 75 cases havebeen mediated to date.
Budget45,000
Actual Balance21,725 18,275
2. START-UP COSTOffice supplies, postage, advertising and telephone expenses
3. ON-GOING ADMINISTRATIVE COSTAdministrative costs ADR Coordinator's office
4. TRAINING COSTMediator training conducted in October, 2000J,
): :., PROJECT MEETINGSCJA Mediation Projects Meeting scheduled for November
6. OTIIER COSTSResearch, evaluation, database design, scheduled
1,000 ° 1,000
6,750 0 6,750
10,000 5,110 4,890
1,380 0 1,380
4,395 ° 4,395
Totals 568,525 26,835 36,690
123
Legal Requiremenu
ThIS IS a 15 month grant and there is no requirement for the County to continue to fund theprogram beyond the Initial grant period. However, with approval from The Texas Department ofProtective and Regulatory Services the grant may be extended according to the contract.
Recommendation
The Juvenile courts have utilized the services of this grant and would like to contmue the CPSMediation Project through the end of January, 2002, or until the remainder of the funds havebeen expended, \\,;th the possibility of renewal. The courts also recommend the authonzatlOn ofthe ADR Coordinator to administer the remainder of the grant with authority to sign and submitthe Request for reImbursement to the County, with no County match, for entire CPS MediatlOnproject.
124
ATTACHMENT "B"
DALLAS COUNTY CPS MEDIATION PROJECT
BUDGET (5/1/00 TO 8/30/01)
Mediation Fees 1
Startup Administrative Costs
Ongoing Administrative Costs 2
Training Costs3
Project Meeting Costs •
Other Expenses 5
TOTAL
Budget Narrative
$45,000.00
1,000.00
6,750.00
10,000.00
1,380.00
4,395.00
$68,525.00
, Fees are allocated for time spent conducting mediations and does not includemediator preparation or waiting time. Fees are calculated as follows: Mediator feesare $100.00 per hour; average mediation session is 3 hours. Total number ofmediation hours awarded: 450.>2 Ongoing Administrative costs are 15% of mediation fees. Administrative costs
__oJ may be used to supplement coordinator's salary and/or for other administrativeexpenses.
3 Training costs are for training mediators and/or participants. Any travel expenseswill be reimbursed at the prevailing state rate.
4 Projec~..meeting costs are for sending up to 3 project representatives to attendCJA-'r;n~~irig/sAny travel expenses will be reimbursed at the prevailing state rate.
5 Other expenses include research, evaluation and database design, telephone, andother necessary expenses. Any travel expenses will be reimbursed at the prevailingstate rate.
PM ContrKt • 1900-041. .....10·
125
AnACHMENT "C"TEXAS CHILDREN'S JUSTICE ACT PROJECT
CPS MEDIATION PROJECT
MINIMUM GUIDELINES FOR CJA-FUNDED PROGRAMS
The following minimum guidelines apply to all CJA-funded CPS mediation programs. Anydeviation from the guidelines must be reasonable and approved by the sponsoring CPSjudge. The guidelines may be revised each year at the annual CJA projects meeting.
All CJA-funded CPS mediation programs are court-connected. Success of the programheavily depends on the commitment and support of the judiciary, specifically the judgeassigned to hear CPS cases. To this end, involvement by the CPS judge is required.
___)8.
c.
1,
A. Oversight Committee1. A CPS mediation committee appointed and chaired by the court is
required to provide technical assistance and oversight to the project. Thecommittee should include: CPS mediatorls, CPS judgels, CPSadministrator, district or county attorney representing DPRS, DPRSattorney, CASA directorlrepresentative, attorneyls ad litem, parent'sattorneyls, and other parties deemed necessary by the court or thecommittee.
2. The role of the committee is to develop a protocol outlining project policiesand procedures, to addres.; and resolve any issues that may arisepertaining to the administration of the project, and to promote the use ofthe project within the county. The committee shall also develop a plan forcontinued funding of the project after the end of CJA funding (threeyears.) .
3. The committee shall meet quarterly at a minimum.4. The program should include all CPS cases in the county. Although all
CPS judges are encouraged to become involved in the project, only onejUdge is required to participate in the oversight committee.
Project Coordinator5. All projects must have a person who serves as coordinator. The role of
the coordinator is to convene regular meetings of the committee and theCPS mediators, to coordinate scheduling, to coordinate reimbursementand payment activities, and to submit monthly reports and evaluationforms to CJA.
Model Protocol6. The protocol should include: specific criteria for referring cases, referral
and other program procedures, payment procedures, and anyrequirements for mediators or for participants. Any other guidelinesdeveloped by the local committee should be included. The protocol maybe modified as needed.
7. Methods for ensuring attendance by the parties should be addressed bythe committee and included in the project protocol-for example, includingthe notice of the mediation in the court-order, or setting aside specificdays every week for mediation.
8. The protocol should include a process for providing the mediator withcase information, such as legal pleadings, court reports, or other availableinformation.
fIRS ContnlCt , 9900-0419
",
,."
126DALL4~S COCNTYCOUNTY AUDITOR
August I,,+' 2001
Carol HurleyDirector, CJA ProjectTDPRS, Mail Code Y-9678100 Cameron Rd., Bldg. B, Suite 101Austin, TX 78754
RE: Dallas County CPS Mediation Project - Contract No. 9900-0419
Dear Ms. Hurley,
This letter is to request an extension on the above contract that is due to expire August 30, 2001.The Dallas County CPS Mediation Project has been successful in relieving our family andjuvenile courts of the expense of litigation. The project has also been successful in achievingcreative resolution to child welfare cases and the placement of children. The project got off to alate start and the mediators are beginning to report on the cases for this grant year.
The Dallas County ADR Coordinator has been monitoring the project and estimates thecompletion of grant award by January 2002. This letter is also to authorize the ADR Coordinatorto sign and submit the Request for Reimbursement and all required paperwork associated withthe grant. A briefing and court order has been submitted to our Commissioners Court and anexecuted copy is attached.
Thank you for your consideration in extending the grant.
Sincerely,
J~, ,
V· l'. la"Porter
County Auditor
attachments
c: LaCrisia "Cris" GilbertADR Coordinator
407 Records Building Dallas. Texas 75202 653-6472FAX 214-653-6440
127
G.
H.
CJA start-up funds shall not exceed three years, although training fundsmay be available for a longer period of time. The CPS mediationcommittee must develop a plan for seeking continued funding by the endof the second year of the grant period.
20.
19.
15.
14.
12.
9.
10.
21.Funding
22.
The protocol must be approved by the committee and shared with all thedistrict or county jUdge/s presiding over CPS cases in the county.As feasible, the protocol must address mediation of cases out of thecounty.
Reports and Evaluation11. The program must submit monthly reports and evaluation forms on forms
provided by CJA. CJA will conduct an evaluation of the projects everyyear.Mediators and participants must be encouraged to complete evaluationforms on each case. The committee should develop procedures for theevaluation process.
Training for Mediators13. Mediators are required to have 40-hour basic mediation training and 24
hour family law training, plus an additional 24-hour training on CPSissues. The CPS training should cover specific training objectives as setout in Attachment E.Mediators shall have a minimum of 8 hours of advanced continuingeducation per year in child abuse and domestic violence issues.In special circumstances, the CPS judge may exempt mediators whohave experience mediating CPS cases from the training requirements.
Training for Participants16. An orientation meeting to educate participants on CPS mediation and to
promote the project shall_be scheduled annually at a minimum. Themeeting shall include CPS workers, CASA, prosecuting and defenseattorneys, PRS attorneys, attorneys ad litem, the CPS judge/s, and anyother interested parties.
Confidentiality17. A confidentiality agreement must be signed by the participants at the
beginning of the mediation, which explains confidentiality requirementsand exceptions. Mediators in CJA-funded programs must informparticipants that they will report (a) allegations of child abuse and (b)threats of harm to self or others.
The Process18. Participants in a mediation session must include the parents, the CPS
worker, CASA, and their representatives. The child's attorney orguardian ad litem must also participate. Any other interested partiesmay attend with the parties' approval. The child, if old enough, mayparticipate with the approval of the child's guardian and attorney.CPS representatives should be limited to the personJs having the mostinformation about the case or the issues to be mediated, and a supervisoror other person with the authority to sign an agreement.Any issues or conflict may be mediated, including temporary orders,service plan, placement of the child, and terminatiQn and adoption.Parents should be represented by an attorney.
I.I •
J.I
I.
F.
E.
D.
PAS CGnInd • I9QO.0419
DALLAS COUNTYPURCHASING DEPARTMENT
128- I
""' ~ •• I' . 4''" " .. I' 4
A.ugust 14.2001
\1 E \10 R A ~ D C \1
TO: The Honorable Commissioners Court
FRO\!: Shirley Rapp. Interim Purchasing .-\gent
SL13JECT: Request for Proposals for Electronic Monitoring ServicesRFP No. 2000-189-559Contract Extension
BACKGROU~D!ISSUE
The Commissioners Court awarded RFP 2000-189-559, for Electronic'Monitoring Services, onA.ugust 29, 2000 to Sentinel Monitoring Corporation, for the period September L 2000 throughAugust 31, 2001 with two additional one year options to extend. The contract is utilized byCommunity Supervision and Corrections (CSCD) and the Juvenile Department.
CSCD and the Juvenile Department have both experienced minor difficulties in the tirst year ofthis contract with a new provider but are satisfied with the corrective measures, performance andequipment currently furnished by Sentinel Monitoring. Sentinel Monitoring has agreed to extendthe current contract for the first one year extension option through August 31, 2002.
FINAL~CIAL IMPACT
The contract was awarded for an estimated annual cost of 5489,000.00 based on a per unit cost of53.62 per day for regular monitoring and 57.62 per day for phoneless downloaded units. Thetotal expenditures for CSCD for September 2000 to present is $325,000.00 averaging about 200clients per month for an average of 180 days. Juvenile has had total expenditures for the sameperiod of$112,603.77, averaging about 183 clients per month. The programs for both CSCDand Juvenile are funded by State grants and also include services for Global Position Monitoring(GPS) and Juris Monitoring.
JFor'the'Courts information, CSCD also operates the County work release (post release) programwhich places some misdemeanor cases on the program. The Work Release program has spentS16,500 over the same period and averages 13 clients per month. These participants are orderedby the court to pay an administrative fee of 550 in addition to a 510 per day charge. The averagelength of stay on the program per participant is 43 days.
509 Main St. (Records BldgJ6th. Floor, Room 623
Dallas, Texas 75202 (214) 653-7431
129
RECO'I:\IE:\'DATIO:\'
The grant funded electronic monitoring program continues to aid in reducing jail volumes for areasonable rate. :\.S a result, the Purchasing Department. in conjunction \vith the JuvenileDepartment and CSCD. recommend that the first one year extension option be authorized. Thecontract wlll be extended for the period September I. 200 I through .-\ugust 31. 2002 for anestimated total annual cost of 5489.000.
Should the Court concur \vith the recommendation, a court order will be scheduled for the nextformal agenda.
RECO:Vl:VlE~uED FOR .-\.PPROVAL:
J/u.jj-L-b:....-k?t_4.-.,F-.,,~~__Shirley Rapp,lfrlterim #U&hasing Agent
sr
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..
130
_SENTINELAugust 7,2001. .
Ms. Shirley RappD.illas County Purch:lsing DepartmentSC9 Maln StreetRoom 623DaEz,s, Texas 752C2
Re: ('-Outrace Extension
Dear :>15. Rapp:
On behalf of the staff and management of Sentinel Offender Services I a111 plc:.1Sed tocoufirm our interest in extending the current contr.1ct for an additional one-year periodunder the same terms and conditions listed in the "Services Operations Agreement" signedSeptember 25, 2000.
We look forward to serving the offender m,magcment needs of Dalli\s Co\L.'1ty now and intothe furure. As always, you may contact me directly at 800-929-8201 if I can be of furtherassistance,
Sincerely,
~Robert A. ComcstabilePresident
Copy: Customer Contract FileDarryl Marcin, National Service Centers DirectorJeff Marino, Dallas County - Area Operations Mana.ger
ij '.'.-
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DALLAS COUNTYPURCHASING DEPARTMENT
132
A.ugust 1.+. 2001
TO
FRO\1
The Honorable CommIssIOners Court
Glona \kCulloch Webb. Purchasmg :\nalyst
('11 ~L'(' ~ "41'-'i r- ; -C liil 1/: 44
SlBJECT .\nnual Contract for [he Purchase :Ind Pnnnng at Court C:Ise Jacket Fde Folders (D1Srrl([ Clerk!. Bid"0 2000-208-592
BACKGROC'O/ISSl'E
D:dlas County ComrrusslOners Court. at [helI regularly scheduled seSSlOn held on July 2'+.2001. authonzed the cx'enSi,Ylof BId "0. 2000-208-592..\nnual Contract for the Purchase and Pnntmg of Court Case Jacket Ftle Folders (DlstnctClerk), WIth Court Order 2001-1.+00. for the penod ot September 5, 200 I through September .+. 2002. to Duradex. Inc
The DIStrIct Clerk's Office has submItted a request to the Purchasing Department requestmg that the Court CaseJacket File Folder for the Cnrrunal Court - Felony Sectlon be changed from the standard manIla folder ro a (oloredfolder due to the recent change m Senate Bill 7. The change m color from manIla to a colored court (aSe Jacket filefolder would help staff distinguIsh WhICh cases are felony and which cases are rrusdemeanors. At the present nme bothcourt case Jacketifile folders are the standard marula color. The Distnct Clerk beli~es that the change lI1 color of thefolders would be benefiCIal to ills office and cut dO\\TI on confuSIon and possible rrus-fihng. The Purchasmg Departmenthas (ontacted Duradex. Inc. regarding the DIStnCt CltKk's request for change. Duradex, Inc. has mfonned thePurchasing Department that Dallas County pnce would Increase from 5413.00/m to 5460.00!m (a dlfferen(e of547.00/m) due to the fact they would have to tmt (colOr) the folders dunng the productlon process.
The total additional expenditures from the District Clerk's line item budget WIll be less than 51.100.00
RECOl\-l"IENDAnON
Therefore. in accordance with Texas Local Government Code 262.031(a) Changes in Plans and SpeCIficatIOns. thePurchasing Department at the request of the Distnct Clerk, is recommending that the Dallas County CommIssIOnersCourt authorizes the requested court case jacket/file folder color change, at an additIOnal cost of 547.00/m or S-l6000 munder Bid No. 2000-208-592.
Should the Court concur with the recommendation, a Court Order will be scheduled for the next regular agenda.
c: j.' ':HmHamlin, District ClerkAngie Morton, Chief Deputy District Clerk' s OfficeGeri Malcolm, Buyer
509 Main St. (Records Bldg.)6th. Floor, Room 623
Dallas, Texas 75202 (214) 653-7431
133
..~
JIM HA~fLIN
DALLAS COUNTY DISTRICT CLERK
To:
From:
Re:
Gloria \IcCulloch- WebbPurchasing Analyst
~~•
Jim HamlinDistrict Cler
FY-02 Case Jacket Order
Date: July31,200l
On July 24th the Commissioners Court approved the extension of the contract for thepurchase of the District Clerk's Case Jackets. On July 26th a meeting was called todiscuss the logistics of dealing with SB7. The outcome of the meeting was that theDistrict Clerk's would process both the felony and misdemeanor cases as directed by theJudges of these courts. In an effort to insure these cases would not get mixed up and bedirected to the wrong courts, the District Clerk chose to change the color of the felonycase jackets so that they would be readily distinguishable from the misdemeanor jackets.The judges also indicated that it would help with location of files and from the DistrictClerk's perspective the color change would be beneficial in the prevention of misfiles.
We then proceeded to order the case jackets with this change. We were infonned byGloria Webb of the Purchasing Department that this change would affect the price of thejackets and that the Commissioners Court would need to approve the increase. We arerequesting that the Court approve the change. We are willing to accept the responsibilityof processing these cases but feel it necessary that there be some differentiation.
j.I
600 COMMERCE STREET. DALLAS. TEXAS 75202 (214)·653·7149FAX (214) -653·6634 e-maIL jhamlinlidallascounlY.org
Website: ....iwwdallascQuntyorgfdistclerkiindex.html
134
August 14, 2001
.\IISCELL-\NEOUS
1) fACILITIES .\IANAGEMENT - requests the following from surplus for storageusage: 27 drawer cabinet County :; 22238, 30 drawer cabinet County = 068 ..HJ2, ~u
drawer cabinet County #: 37390, 30 drawer County #: 39765,5 drawer cabmet County#: 39769 and 3 five drawer cabinet no County # on these three.
2) BLOOD DRIVE COM~nTTEE - requests permission to post signs in theappropriate locations within County buildings to recruit donors for the semi-annualCounty blood drive August 28-31, 2001.
TRAVEL REQUESTS
3) HEALTH & HUMAN SERVICES - requests:
a)
b)
; :c).I ,Y .. ,,&
Thomas Davis - Present Human Sexuality Workshop - Altus, OK - September6-7, 2001: $363.20 from Grant fund, STD Training/CDC Department.Conference Training Account, FY2001 Budget, (00466.08900.02460.2001).
Dianne Blocker - Attend the National Network Prevention Training Centers'Annual Meeting - Seattle, WA - October 12-17, 2001: $1,223 from GrantFund, STD Training/CDC Department, Conference Training Account, FY200 IBudget, (00466.08900.02460,2001).
Thomas Davis, Ed Bannister, and Barbara Smith - Attend the NationalNetwork Prevention Training Centers' Annual Meeting - Seattle, WA October 13-17, 2001: $3,669 ($1,123 each) from Grant Fund, STDTraining/CDC Department, Conference Training Account, FY200 I Budget,(00466.08900,02460.2001).
135
d) David DeLoney, Michael Morris, Chester Vaughn - Attend the :\nimal ControlOfficers the opportunity to take six TACA/STACCA continuing educanonhours. :\rlington, TX. - .-\.ugust 31. 200 I in County vehicle with gas creditcard(s) and no other expense to Dallas County.
e) James Kirk - Attend Understanding Anger, Dallas, TX, - October 9. 2001$ 75.00 from Fund 00532, Escrow Account 21666. (0053221666)
James Kirk - Attend Texas College ofProbate Judges Annual Conference. SanAntonio, TX, - September 5-8, 2001:$ 902.00 from Fund 00532, Esero\\!Account 21666. (00532.21666)
g) Stan Lewis - Speak at the Sustainable Environmenta~ Excellence into the 21 't
Century Conference in Arlington, TX, -August 23-24,2001 in County vehiclewith gas credit card(s) and no other expense to Dallas County.
h) Barbara Smith - Attend the National Network Prevention Training Centers'Annual meeting at the request of Centers for Disease Control & Prevention,Atlanta, Georgia. in Seattle,WA-October 13-17,2001: $1,223.00 from Grant,STO Trg/COC, ConfTrg/2460, FY2001 Budget. (00466.COC2460.2001)
i) Ed Bannister,Ph.O.-Attend the National Network Prevention Training Centers'Annual meeting at the request of Centers for Disease Control & PreventionAtlanta, Georgia. in Seattle, WA-October 13-17,2001: $1,223.00 from Grant,STD Trg/COC, ConfTrg/2460, FY2001 Budget. (00466.COC2460.200 1)
1,)
4) J~' JNSTITUTE OF FORENSIC SCIENCES CRIME LADORATORY - requests:
a) Chris Heartily and Carolyn Kleiman - Test suitability of rcp for ToxicologyLaboratory.- Ardmore, OK -August, 2001: $30 from General Fund, Forensic.Crime Lab, Conference Travel, FY2001 Budget, (00120.03311.04210.2001).
136
b) Robert A. Poole- Attend the FBUASCLD - Sponsored 29 th Annual SymposIUmon Crime Lab Development.- Phoenix, ,A.Z-September 15-22,2001: $1.622.00from' General Fund, Forensics, Crime Lab, Conference Travel, FY2001Budget, (00120.03311.04210.2001).
5) SHERIFF'S DEPART'tENT - requests:
a) Captain David Mitchell - Texas Commission on Law Enforcement OfficerStandards and Education Quarterly Meeting - Wichita Falls, TX - September13-14, 2001 in County vehicle with gas credit card(s) and no other cost to
Dallas County.
b) Captain David Mitchell - Texas Commission on Law Enforcement OfficerStandards and Education Annual Training Coordinator's Workshop - CorpusChristi, TX - September 17-20, 2001 in County vehicle with gas creditcard(s) and no other cost to Dallas County.
c) Investigator Tim Goodwin, Sergeant Jerry Wood & Captain Lee DeVaney,Attend the "Texas Association of Vehicle Theft Investigations" TraimngConference in Austin, Texas. - September 3-7, 2001: $900.00 from NTATTF.NTATTF, In-State Training, FY2002 Budget,(00466.5600.2460.2002)
6) PUBLIC WORKS DEPARTMENT - requests:
a) Donald Holzwarth - Attend and Speak at the "North Central Texas Council ofGovernments/Sustainable Environmental Excellence Seminar"- i\.rlington,Texas - August 23-24, 2001: $ 28.00 from General Fund, Public WorksDepartment, Conference Staffi'Development Account, FY2001 Budget,(00120.20 10.2050.200 I}
.,
b) Donald Holzwarth - Attend and Speak at the "2001 Texoma S.A.M.E.. , Regional Conference & Training Seminar" - Dallas, TX - September 18-20,
JJ) . ~... 2001: $275 from General Fund, Public Works Department, ConferenceStafflDevelopment Account, FY2001 Budget, (00120.2010.02050.2001).
137
EXCEPTION TO TRA.VEL REQUESTSC~LESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED
AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED
7) INSTITUTE OF FORENSIC SCIENCES - requests:
a) Robert Poole - Attend the 29 th Annual Symposium on Crime Lab De\'elopmenrSeminar - Phoenix, ,A,Z - September 15-22,2001: $1,622 from General Fund.Crime Lab Department, Conference Travel Account, F'(200 1 Budget.(00120.3311.04210.2001)..-\mount requested exceeds per diem.
b) Lisa Patridge or Alvin Finkley - Attend Intoxilyzer 5000 Lsers Groupincluding various workshops on repair and maintenance of Intoxilyzer andassociated instrumentation. -Washington, DC - August 11-16, 2001: S1.705from General Fund, Forensics. Breath Alcohol, Conference Travel Account.FY2001 Budget, (00120.331 f0421O.200 1).
c) Lisa Patridge Ron Oliver and Alvin Finkley - Attend Renewal for aU BreathAlcohol Technical Supervisors at DPS. Austin, TX - August 21-23, 2001$655 from General Fund, Forensics, Breath Alcohol, Conference TravelAccount, FY2001 Budget, (00120.3313.04210.2001).,-\mount requested exceeds per diem.
d) Jim Dempsey - Attend American Society of Crime Laboratory Directorsincluding various training sessions on forensic laboratory quality andmanagement. Phoenix, AZ - September 15-21, 2001: $1,825 from GeneralFund, Forensics, Crime Lab, Conference Travel Account, FY2001 Budget,(00120.3311.04210.2001). Amount requested exceeds per diem
I,
f.i •
8) , 'HEALTH & HUMAN SERVICES - Delbert Thomas and Crystee Walton -Attend the 2001 National HOPWA Formula Grantees Meeting-Washington, DCOctober 2-5,2001: $2,800.00 from Grant, HOPWA, Workshop, FY1999 Budget.(00466.8201.2460.1999)
138
MISCELLANEOUS EOUIPMENT
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