items forthe november 28 briefing both formaland ...€¦ · 14/11/2000 · dallas county health...

1

DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

NOVEMBER 14, 2000

ITEMS FOR THE NOVEMBER 28th BRIEFINGBOTH FORMAL AND BRIEFING SESSION

MUST BE SUBMITTED NO LATER THAN 4:00 P.M.ON FRIDAY, NOVEMBER 17TH

***********************************************

MAJOR TECHNOLOGY REVIEW - 8:00 A.M.

to befollowed by

REGULAR COURT

REPORTSIRECOMMENDATIONSIREQUESTS

1) HEALTH & HUMAN SERVICES

PAGE NOS.

a) Request for Proposals for Congressional Black Caucus Initiative . . . . . .. 4(Proposal) Insert

b) Line Item Amendment for FY 2000-2001 Ryan White Title 1Grant for Dallas County Health Division 5-16

c) Food Establishment Inspections and EnvironmentalHealth Services - City of Rowlett. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-21

d) TDH Contract No. 7560009056 2002 - Attachment No. 01Hansen's Disease Program 22-43

2) JUVENILE DEPARTMENT

Recommendation for Award of Contract for Operation and Enhancementof the Dallas County Juvenile Information System 44-71

2

3) FACILITIES MANAGEMENT

a) Renewal of Dallas County Juvenile Satellite Office1111 Belt Line, Suite 200 - Garland, TX 72-82

b) Request to Re-assign Old IV-D Courtrooms to Civil CourtMasters and Temporary Use of Space for JP 8-1 FourthFloor of George L. Allen Sr. Courts Building 83-85

4) PURCHASING DEPARTMENT

a) Records Management System; RFP No. 2000-245-662 86-90

b) Annual Contract for Landscape Maintenance;Bid No. 2001-018-697 91-94

5) COMMUNICATIONS & CENTRAL SERVICES

911 Emergency Fee Agreement - ITC DeltaCom Communications, Inc..... " 95

6) ENGINEERING & PROJECT MANAGEMENT

Henry Wade Parking Lot Expansion 96

7) PUBLIC WORKS

a) Request from City of Mesquite to Exchange JPropertiesOld Terrell Interurban Railway in Mesquite, Texas 97-98

b) Master Agreement Governing TransportationMajor Capital Improvement Projects 99-113

8) BUDGET & EVALUATION

a) Adoption of the FY2001 Capital Improvement Plan covering theFiscal Years 2001 - 2005 114-115

Notebook Insert

b) Payroll Management Services for the County Auditor's Office 116

c) District Attorney's Three CJD Grant Applications forCollaborative Domestic Violence Project 117-122

(COURT ORDER ON FORMAL AGENDA)

3

d) Violence Against Women Act, Grants to EncourageArrest Policies - Supplemental 2 Grant Award 123-125

9) MANAGEMENT INFORMATION SYSTEMS

Oracle Civil Courts Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125-140

10) Finance Phase III (Payroll) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N/A

11) Miscellaneous, Travel Requests, Miscellaneous Equipment,and Telecommunications Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141-146

12) Performance Forum at 2:00 p.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Handout

FIVE SIGNATURE DOCUMENT's) FOR CONSIDERATION

Minister's Letter ofAppreciation

DATE's) TO REMEMBER

NINETEENTH ANNUAL DALLAS COUNTY

COMMISSIONERS COURT

THANKSGIVING LUNCHEON

Tuesday, November 21, 2000

Administration Building, 2nd Floor

at

12:00 Noon

~ DALLAS COUNTY!?iB.j1I.. ~~\) HEALTH A.L~ ffiJMA.L1\f SERVICES\'):' ",'/ GRA.'iTS .\;fANAGEMENT"'-:'1~.,./

~BErry J, CULBREATH-LISTERDIRECfOR

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. " .- ~ ,.1 ~ •-, ,,, r

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..

TO:

FROM:

DATE:

SUBJECT:

COMMISSIONERS COURT

Betty Culbreath-Lister, DirectorHealth and Human Services Department

November 14, 2000

REQUEST FOR PROPOSALS FOR CONGRESSIONAL BLACK CAUCUS INITIATIVE

Background of Issue

The Dallas County Judge is the grantee and legal recipient of Ryan White Title I funds, including funds awardedunder a supplemental appropriation through the Congressional Slack Caucus (CSC) Initiative. Dallas CountyHealth and Human Services (DCHHS) is designated to serve as the Administrative J\gency for Ryan White TitleI funds, includirl~ funds awarded through the CSC Initiative, for the Dallas"Eligible Metropolitan Area (EMA) whichincludes Collin, Dallas, Denton, Ellis, Henderson, Hunt, Kaufman, and Rockwall counties. In accordance withthe provisions of the Ryan White CARE Act, the Administrative Agency is responsible for distributing esc fundsto eligible service providers in the Dallas EMA. Under the direction of the CBC Initiative, eligible service providersmust use CSC funds to assist African Americans, Latinos, Native Americans, Asian Americans, Native Hawaiians,and Pacific Islanders who are living with HIV/AIDS.

The funds will be made available to the public through a Request for Proposals (RFP) on December 4,2000 withproposals being due on January 15, 2001. Submitted proposals will be reviewed and scored by an ExternalReview Committee, which is comprised of individuals demographically reflective of the Dallas EMSA's HIV/AIDScases. The Project Sponsor will review the initial recommendations from the External Review Committee andmake final recommendations for the award of contracts to Commissioners Court on March 13,2001.

Fiscal Impact

There will be no fiscal impact to Dallas County.

Operational Impact

The Administrative Agency's staff will be responsible for prOViding technical assistance to parties interested insubmitting proposals, In addition, staff will be responsible for reviewing the initial recommendations of theExternal Review Committee and for making final recommendations to the Commissioners Court.

begal Impact

The Commissioners Court must approve the Administrative Agency's RFP (see attachment).

Recommendation

It is recommended that theCommissioners Court approve the Administrative Agency's RFP as reflected in theattachment.

Recommended by:

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

2377 North Stemmons FreewayDallas, Texas 75207-2710

Suite 200, LB-16 Office 214-819-1840Fax 214-819-1850

5 , -;

r; ~. \ J '"': ~.' _'

I.. .J.; J F~; 2: 00

BETIY J. CULBREATH-LISTERDIRECTOR

TO: COMMISSIONERS COURT

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

DATE: November 14, 2000

SUBJECT: LINE ITEM AMENDMENT FOR FY 2000-2001 RYAN WHITE TITLE I GRi\,NT FORDALLAS COUNTY HEALTH DIVISION

Background of Issue

The Dallas County Judge is the grantee and legal recipient of Ryan White Title I funds for theEligible Metropolitan Area (EMA). Dallas County Health and Human Services (DCHHS) isdesignated to serve as the Administrative Agency for Ryan White Title I funds. The AdministrativeAgency is responsible for the allocation and oversight of funds under Title I of the Ryan WhiteC.A.R.E. Act and for the recommendation of the award of contracts to service providers in theEMA. The Administrative Agency tracks the expenditure of funds by service providers throughoutthe year and makes recommendations, when appropriate, to allocate funds.

On March 7, 2000, Commissioners Court was briefed on the award of contracts under theallocation of FY 2000-2001 Ryan White Title I grant. On March 14,2000, Commissioners Courtordered contract awards for Ryan White Title I funds (Court Order # 2000-560) that included$85,220.00 to Dallas County Health Division in the service category of outpatient medical care.Dallas County Health Division is requesting to reallocate FY 2000-2001 Ryan White Title I grantfunds in the amount of $4,794.15 from personnel and fringe benefit line items to a medical suppliesline item to ensure timely expenditure of the total award within the contract period.

Fiscal Impact

There will be no fiscal impad to Dallas County.

Operational Impact

Dallas County Health and-Human Services will process the contract amendment with Dallas CountyHealth Division and will continue to monitor proper expenditure of the funds in accordance withresponsibilities assigned by the Commissioners Court.

2377 Stemmons Freeway Dallas, Texas 75207-2710Suite 200 LB-1 6

Office (214) 819-1842FAX (214) 819-1850

6

Commissioners CourtNovember 14, 2000

Page 2

Legal Impact

The signature of the County Judge is required on the contract amendment, and the CommissionersCourt must approve the amended budget.

Recommendation

It is recommended that Commissioners Court does hereby approve the request for Dallas CountyHealth Division to reallocate FY 2000-2001 Ryan White Title I grant funds in the amount of$4,794.15 in the outpatient medical care service category, from personnel and fringe benefit lineitems to a medical supplies line item to ensure timely expenditure of the total award within thecontract period, and authorize the County Judge to sign the contract amendment with the provideron behalf of Dallas County.

Recommended by: ~~ ~,A~~EiettYCubreatti'.Lister?DiI'8ctor

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

7

BETTY J. CULBREATH-LISTERDIRECfOR

TO:

FROM:

DATE:

SUBJECT:

Betty J. Culbreath-Lister, Director, Health and Human Services

Tom Thomas, Grants Compliance Officer

11-6-2000

Contract/Amendment Ready for Signature

CONTRACTOR NAME: Dallas County Health Division

GRANT PROGRAM: FY 2000-2001 Ryan White Title I

The attached contract/amendment has been reviewed by Grants Management staff and isready for signature. The following items have been reviewed:

ITEM

1.

2.

3.

4.

5.

Amount corresponds with Briefing and Court Order documents

All six originals signed by appropriate agent of organization.

Budget corresponds with proposal, and all calculations are correct.

Performance Objectives, Attachment B-1, corresponds with proposaland contains appropriate units of service.

Muldple Funding Sources, Attachment C, corresponds with proposaland contains updated funding information.

Q£

Q£

D2.fc.tt.

Dz

D~

2377 Stemmons Freeway Dallas, Texas 75207-2710Suite 200 LB-1 6

Office (214) 81 9-1 842FAX (214) 819-1850

8

Funding Source: Ryan White Title IAgency Name: Dallas County Health DivisionService Category: Outpatient l\'ledical CareLine Item Contract Amendment: Justification and Unit Cost Information

Dallas County Health Division (DCHD) is an agency that provides various social services toindividuals living with mY/AIDS including outpatient medical care.

Justifications for line item adjustment:DCHD will reallocate current FY 2000-2001 Ryan White Title I grant funds in the amount of$4,794.15 from personnel and fringe benefits line items to a medical supplies line item to ensuretimely expenditure of the total award amount within the contract period.

Unit Cost InformationDCHD is currently contracting with Dallas County on a unit costs basis. The budget informationis submitted through Dallas County Grants Management personnel for review for allowableexpenses, reasonable cost allocation, and budget justification.

9

CONTRACT AMENDMENT NO.2

CONTRACT FOR HIV SERVICES DELIVERYFUNDED UNDER RYAN WHITE C.A.R.E. ACT AMENDMENTS OF 1996

TITLE I2000-2001Between

DALLAS COUNTY HEALTH AND HUMAN SERVICES(Contractor)

and

DALLAS COUNTY HEALTH DIVISION(Sub-Contractor)

I. PURPOSE:

Contract Amendment No. 2 amends the Ryan White Care Act Title I fundedagreement executed between Dallas County Health and Human Services andDallas County Health Division effective March 1, 2000.

II. AMENDED PROVISIONS:

Contract Amendment No. 2 shall not change any contractual provisions agreedupon in the Ryan White Title I funded agreement; each provision shall remain ineffect throughout the term of the agreement with the exception of the followingamended provisions:

A. AMENDED CONTRACT AMOUNT:

The contract payment provisions do not change due to Amendment NO.1.

Original Title I grant contract amount:No award change due to Amendment NO.1:No award change due to Amendment NO.2:

Total amended contract amount:

B. AMENDED PROVISIONS:

$ 85,220-0--0-

$ 85,220

The revised Attachments A-2 (detailed fee-for-service budget), A-3 (budgetjustification), and C (multiple funding sources) reflect changes due to the lineitem adjustment to move funds from personnel and fringe to supplies.

10

C. TERM:

Contract Amendment No. 2 shall not affect the original term of the contracteffective through February 28,2001. .

For: Dallas County Health Division

Ganesh Shivaramaiyer(typ~ name)

Financial Administrator(type title)

Date:_...:./.l..ti1 /~_(,-#-/....:?o;..,z..;;o_o _/ I

For: Dallas County

BettyJ. Culbreath-Lister, DirectorHealth and Human Services

Date: _

Lee F. JacksonDallas County Judge

(

Date: ~ _

l

11TACHMENT A-2TAIL FEE FOR SERVICE BUDGET GRANT: Ryan White Title 1

• ,ENCY: Dallas County Heatth & Human ServicesHIV Earty Intervention Clinic EIN NUMBER: 75-6000905

>DRESS: 2377 N. Stemmons FreewayDallas, Texas 75207-2710

RVICE CATEGORY: Ot.rt.patif!nt Medical Services

PROPOSED FEE FOR SERVICE PER UNIT: $201.52

NUMBER OF UNITS OF SERVICES TO BE PROVIDED: 422.89

TOTAL COST OF SERVICES $85,220.00 (1 )*(2)

PROPOSED UNIT/UNITS OF SERVICE: Clinic Visits

BREAKDOWN OF TOTAL COSTS AND PROPOSED FEE FOR SERVICE:

DIRECT COSTSA B c

11.34$11.23$36.45

$142.50

$201.52

$4,794.15$4,750.51

$15,414.68

585.220:on

6 Salaries7 Frinae Benefits8 Contract Services9 Supplies10~ -+- I-- ~

11I-- -I- ----l_- --l

121--- -I- ----l --l

131-- -I- ----l1-- --l

141-- -I- ----l1-- -1

151-- -I- ----lf-- -1

161-- -1- --11-- -1

1718 _;~:J1'?:i~~::~::?1:1'1'1'::~~~~~1'1'~1'1'~~~:~~~~

-HOTE: TOTAL INDIRECT COST CANNOT EXCEED 1... OF THE APPROVED AWMIJ FOR".~ CATEGORY

12

DALLAS COUNTY HEALTH & HUMAN SERVICESHIV EARLY INTERVENTION CLINIC

BUDGET JUSTIFICAnON FOR DIRECT COSTSRYAN wmTE TITLES I AND II, AND HOPWA GRANTS

ATTACHMENT A-3 <a)

A. DIRECT PERSONNEL

Nurse Practitioner (Maureen Eason, BSN, FNP - C)

Job Description: Takes detailed medical history~ conductsphysical examination ofthe client on all major systems;orders medical tests as required and colle\..ts specimens forlaboratory tests; makes r~;errals; provides health and wellnesscounseling; provides, maintains and evaluates client data;and ~oordinates care with psychosocial counselor.

$60,260.66

$53,239.98 x 73.8% =$39,281.66 (Outpatient Medical Services)(Base salary - $38,181.66; Differential for high-risk patient care - $1,100.00)

ClerklReceptionist (D. Chism)

Job Description: Provides direct clerical support to theEarly Intervention Program; schedules appointments; preparesand maintains client records; assists in orderingsupplies/equipment; provides telephone information;distributes literature; and types reports and correspondence.

$20,979.00/year xl00% =$20,979.00 (Outpatient Medical Services)

B. FRINGE BENEFITS (FICA, &. Worker's Compo basedon gross salary; Retirement based on salary + differential;Health insurance determined by Dallas County Personnel,Department - Benefits Division) .

FICA: 7.65% x $59,160.66 = $4,525.79Insurance: $235.QO/mo. x 12 (clerk); $235.00/mo. x 9 (NP) =$4,935.00Worker's Camp: 2.933790110 x $59,160.66 =$1,735.65Retirement: 7% x$60,26O.66 =$4,218.24

C.. CONTRACTUAL SERVICES

Laboratory testing is currently contracted with Lab Corp., Inc.The amount of subcontract is $4,750.51.

$15,414.68

$4,750.51

13

Dallas County selects the subcontractor by competitive bid.Period ofperformance: March 1, 2000 - February 28, 2001The laboratory tests include but are not limited to:

CBC with differentialHep C VlfUS Antibody

CD4 Lymphocyte count with percentagesHep B Surface Antigen

Target Population Served: Clients enrolled in themv Early Intervention Clinic.

H. MEDICAL SUPPLIES

Medical supplies as needed for physical examinations andlaboratory testing: table paper, drape sh,,~ts, vacutainer tubes,needles, sYringes, tongue blades, cotton balls, ear speculums, ets.

I. OTHER DIRECT COSTS

J. TOTAL DIRECT COSTS

K. PROGRAM INCO~

No program income is anticipated.

K. THIRD PARTY REIMBURSEMENTS

Patients are screened for insurance (private, MedicaidIMedicare)at enrollment. When applicable, insurance forms are completedand billing is processed by Dallas County Health DivisionAdministration.

$4,794.15

-$0.00

$85,220.00

AGENCY NAME:

AGENCY ADDRESS:

EINNUMBER:

,.•l

Dallas County Health & Human services,mv Early Intervention Clinic2377 N. Stemmons FreewayDallas, Texas 7520775-6000905

14

DALLAS COUNTY HEALTH AND HUMAN SERVICESHIV EARLY INTERVENTION CLINIC

BUDGET JUSTIFICATION FOR INDI~CTCOSTSRYAN WHITE TITLES I AND II, AND HOPWA GRANTS

ATIACHMENT A-3 (b)

A. DmECTPERSONNEL

B. FRINGE BENEFITS

c. STAFF TRAVEL

D. EQUIPMEIIT

E. SUPPLIES

F. CONTRACTUAL SERVICES

G. OTHER TOTAL INDIRECT COSTS

H. TOTAL INDIRECT COSTS

I. PROGRAM INCOME

No program income anticipated

1. THIRD PARTY REIMBURSEMENTS

Patients are screened for insurance (private, MedicaidIMedicare)at enrollment. When applicable, insurance forms are completed andbilling is processed by Dallas County Health Division administration.

AGENCY: Dallas County Health &. Human Services,HIV Early Intervention Clinic

AGENCY ADDRESS: _ 2377 N. Stemmons FreewayDallas, Texas 75207

EIN NUMBER: 75-6000905

$0

$0

$0

$0

$0-

$0

$0

$0

I.

15

ATTACHMENT B-1PERFORMANCE OBJECTIVE FORM

AGENCY: Dallas County Health & Human Services HIV Early Intervention ClinicADDRESS: 2377 North Stemmons FreewayDallas, Texas 75207 - 2710 EIN NUMBER: 75-6000905GRANT: Ryan White Title IPREPARED BY: Dianne Blocker, R.N.C.PHONE NUMBER: (214) 819-2129

II. OBJECTIVES (BRIEFLY STATE YOUR MEASURABLE OBJECTIVES)IF THERE ARE PROBLEM AREAS, DESCRIBE YOUR PLAN TO SOLVE THEM, INCLUDINGYOUR TARGET COMPLETION DATE.

1. SERVICE CATEGORYNEW CLIENTS

TOTAL ANNUAL CLIENTSo atient medical clinic visits

SERVICE CATEGORY OBJECTIVE

2.SER\I1CE·CATEGORYNEW CLIENTS

TOTAL ANNUAL CLIENTSSERVICE CATEGORY OBJECTIVESERVICE CATEGORY OBJECTIVE

3. SER\I1CECATEGORYNEW CLIENTS

TOTAL ANNUAL CLIENTSSERViCE CATEGORY OBJECTIVESERVICE CATEGORY OBJECTIVE

4. SERVICE CATEGORYNEW CLIENTS

TOTAL ANNUAL CLIENTSSERVICE CATEGORY OBJECTIVE

SERVICE CATEGORY OBJECTIVE


TOTAL ANNUAL CUENTSSERVICE CATEGORY OBJEcTIVESERVICE CATEGORY OBJECTIVE


TOTAL ANNUAL CLIENTSSERVICE CATEGORY OBJECTIVESERVICE CATEGORY OBJECTIVE

7. SER\I1CE CATEGORYNEW CLIENTSTOTALAN~-CLiENTS

SERVICE CATEGORY OBJECTIVESERVICE CATEGORY OBJECTIVE

PERSONPERSON

PERSONPERSON

PERSONPERSON

PERSONPERSON

PERSONPERSON

PERSONPERSON

MUlrlPLE FUNDING SOURCE FORM

ATTACHMENT CAGENCY: Dallas County Health & Human ServicesADDRESS:: 2377 N. Stemmons Freeway

Dallas, Texas 75207·2710EIN No.: 75-6000905TOTAL % OF DCPTG:

)1"PROGRAM INCOME

::~·:·:~::~:{:}:~':~1::·:{tE~:~:t:~:~~·:: ~~:~1::~:~::~;~:~k~~:::":>\J":'-::' '~::.~:~~~~~~~~~~~~~~~~~$~7~25009.00

$145,429.00$600.00

~EQUIPMENT I I· $5,000.00I $0.00I $1,200.00I I t I I $3,800.005 SUPPLIES $61 1 348.15 $4,794.15 $4,254.00 $52,300.0061CONTRACTUAl ~-·····1··----$6,599.51 r $4,750:5fr-$1~84!B)()1 I I I I $0.00710THER ----T-~- ---$14,400:001 $0.00 r .. S2~1()O:0() I I I I I $12.300.0089

10

I ~~I I I I I I I I I I -

24252627281TOTAL DIRECT COSTS291TOTAL INDIRECT COSTS3031

DO NOT USE ACRONYMS

$1.041,003.00 I $85,220.00$0.001 $0.00

B=C+D+E+F+G+H+I+J

$16,345.00$0.00

$939.438.00$0.00

"-',:.';.

,.,..e'\

17DALLAS COUNTYHEALTH AND HUMAN SERVICES

ADMINISTRATION

-'j. t· •

'. ...... ' ''t .. '" r,',"". !

00 HO'J - 7 PH 2: 0I

BETTY CULBREATH-LISTERDIRECTOR

TO:

FROM:

DATE:

COMMISSIONERS COURT

Betty Culbreath-Lister, DirectorHealth and Human Services

November 14,2000

SUBJECT: FOOD ESTABLISHMENT INSPECTIONS AND ENVIRONMENTALHEALTH SERVICES (CITY OF ROWLEl _~)

BACKGROUND

The Dallas County Commissioners Court granted approval to the Dallas County Health andHuman Services to enter into a Food Establishment Inspections and Environmental HealthServices Agreement with the City of Rowlett, Court Order No. 2000 -2157.

The City of Rowlett is requesting to amend the Food Establishment and EnvironmentalHealth Services Agreement to further delineate the Dallas County Health and HumanServices Environmental Health Division inspection obligations and the City of Rowlett'sfinancial obligations. The amendment included the number of inspections for eachestablishment as set forth in Exhibit A, and that the City of Rowlett will collect a fee fromeach food establishment and pay to the County the sum of$50 for each food establishmentinspection.

IMPACT ON OPERATIONS

There is no impact on operations.

LEGAL CONSIPERATIONS

The County Judge is required to sign the Interlocal Agreement after approval by the DallasCounty Commissioners Court. The District Attorney's Office, Civil Section has reviewedand modified the amendment to Interlocal Agreement, and the agreement has beenapproved as to form.

.2377 Stemmons Freeway Dallas, Te)(as 75207-2710Suite 200 LB-1 6

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

18Commissioners Court

November 14, 2000Page 2

FINANCIAL IMPACT

The City of Rowlett will collect a fee from each food establishment and pay to the Countythe sum of $50.00 for each food establishment inspection. These payments will be madewithin 30 days of billing by the County.

PROJECT SCHEDULE

Services provided to the cities shall be effective by both parties for the period of October1, 2000 through September 30, 2001.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court approve theamendment to the Food Establishment inspections and Environmental Health ServicesAgreement with the City of Rowlett, and authorize the County Judge to sign the Agreementon behalf of Dallas County.

attachments

c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorPhil Scheps, Budget Officer

19

COUNTY OF DALLAS }

STATE OF TEXAS }

AMENDMENT NO.1 TO THE FOOD ESTABLISHMENTINSPECTION AND ENVIRONMENTAL HEALTH SERVICES AGREEMENT

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 2000-2157dated October 24, 2000, the City of Rowlett (hereinafter "City") and Dallas County(hereinafter"County") entered into a Food Establishment Inspection and EnvironmentalHealth Services Agreement (hereinafter "Agreement") effective October 1, 2000; and

WHEREAS, City and County desire to amend the Agreement to further delineateCounty's insoection obHgations and City's financial obligations; and

NOW THEREFORE, by execution of this Amendment No.1 to the Agreement, theterms and conditions of same are amended as follows:

A. AMENDED PROVISIONS:

1. Article I entitled Purpose is deleted in its entirety and shall bereplaced with the following language:The City and County agree that County will perform inspections offood establishments within the City as requested by the City. Thenumber of inspections for each establishment is set forth in Exhibit"A", which is attached hereto and incorporated herein for all purposes.Additional inspections will be performed as deemed necessary byCounty, with approval by City, to insure that a food establishment isin compliance with City's ordinances.

2. Article III entitled Budget is deleted in its entirety and shall bereplaced with the following language:The City will collect a fee from each food establishment and pay to theCounty the sum of fifty dollars ($50) for each food establishmentinspection. These payments will be made within thirty (30) days ofbilling by County.

B. EFFECT OF AMENDMENT:By execUtion of this Amendment No.1, the Agreement is amended herebywith respect to the Articles described above. No other articles, sections,provisions, clauses, or other conditions of the Agreement are waived orchanged hereby, and they shall remain in full force and effect throughout theterm of the original Agreement and any duly authorized extensions.

20

IN WITNESS WHEREOF, by the signatures below of the duly authorized agents of theCounty and City do hereby agree to append this Amendment NO.1 to the Agreement.

EXECUTED this day of , 2000.

COUNTY:

BY: -------------Lee F. JacksonCounty Judge

APPROVED AS TO FORM:

BY: -------------John B. DahillAdvisory Chief, Civil Section

CITY:

BY:------------H.K. "Buddy" Well.Mayor

BY: ------------Sally Mc GlaunCity Secretary

BY:Mike GibsonCity Manager

Recommended by: _Betty Culbreath- Lister, Director

21

EXHIBIT "A"

Establishment Type

Grocery StoreFull service restaurantFast food restaurantHealth careConvenience StoreGISD, RISD schoolMiscellaneous vending ..,Warehouses, frozen deliverySeasonal/temporary permitDaycaresAll others

# of Inspections

34433133133

Additional inspections required per year based on score in any calendar year:

Score of 70 - 79Score of ) 70

13

22DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICESADMINISTRATION

BETTY CULBREATH-LISTERDIRECTOR

TO:

FROM:

DATE:

COMMISSIONERS COURT

Betty Culbreath-Lister, DirectorHealth and Human Services Department

November 14, 2000

SUBJECT: TEXAS DEPARTMENT OF H~ALTH CONTRACT #7560009056 2002AITACHMENT #01 - HANSEN'S DISEASE PROGRAM

Texas Department ofHealth (TDH) document#7560009056 - 02, Attachment #01 providesfor specialized public health nursing services to Hansen's Disease (HD) patients, assistlocal physicians in providing quality outpatient services, provide and coordinate outreachservices, patient follow-up, casefinding, perform eye, hand, foot, and contact screens.Coordinate the HD nursing care program within the assigned areas and other existinghealth care and social agencies program that do or can provide assistance with patientfollowing-up and coordinate patient education. This attachment is effective January 1,2001and will expire on December 31,2001.

Attachment #01 of the Texas Department of Health contract continues to fund one (1) fulltime Public Health Nurse II.

OPERATIONAL IMPACT

Attachment #01 of the Texas Department of Health contract will have no impact onoperations.

LEGAL IMPACT

The County Judge is required to sign the contract attachment after approval by theCommissioners' Court

2377 Stemmons Freeway Dallas, Texas 75207-2710Suite 600 lB-1 2

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

23Commissioners Court

November 14, 2000Page 2

FISCAL IMPACT

Attachment #01 - Hanser:'l's Disease Program provides $33,902 for salaries and fringes.A total of $57,118 is needed to fund the Public Health Nurse II position. The County matchrequired for this grant is $23,216. The Office of Budget and Evaluation budgeted $22,544for this County match and therefore recommends the additional needed funds of $672 betransferred from Unallocated Reserves." In addition, $450 for travel for a total charge of$34, 352, and $7,004 is provided for indirect charges.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners' Court does herebyapprove the Texas Department of Health ccxntract #75600090562002, Attachment #01 Hansen's Disease Program and authorize the County Judge to sign the con~..act on behalfof Dallas County.

Recommended by: --7"'-.......---ijl'-I~~---#6------

attachments

c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorsPhil Scheps, Budget Officer

CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOCUMENT NO 7560009056200201

Contract Issued by:I (Receiving Agency)

Legal Authority to Contract:

TEXAS DEPARTMENT OF HEALTH1100 WEST 49TH STREETAUSTIN, TEXAS 78756-3199

Chapters 12 and 121, Health and Safety Code.

SB

Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County,Texas,

PERFORMING AGENCY NAME: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

MAILING ADDRESS: 2377 STEMMONS FREEWAY STE 200 DALLAS TX 75207-2710

STREET ADDRESS: 2377 STEMMONS FREEWAY STE 200 DAl~-tAS TX 75207-27H'

NAME OF AUTHORIZEDCONTRACTING ENTITY:Of differenr fromPERFORMINO AGENCY)

PAYEE DATA (If not the same as PERFORMING AGENCY or AUTIIORIZED CONTRACTING ENTITY; must be on file with the Texas StateComptroller's Office.):

NAME: DALLAS COUNTY

ADDRESS: 407 RECORDS BUll..DING DALLAS TX ooסס-75202

(CitY, State, Zip)

State of Texas Vendor Identification No. (14 digits)17560009056005

PAYEE AGENCY FISCalYear Endina Month: September

PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business._ Small Business - A corporation. sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently

owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts.

Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profitin which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who have beenhistorically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American. HispanicAmerican, Asian Pacific American. Native American. and Women. The HUB must be certified by General Services Commission oranother entity.

For Profit Organization

SUMMARY OF CONTRACT DOCUMENTATION:COVER PAGE 1 - Receiving and Performing Agency DataCOVER PAGE 2 - Details of Attf61unent(s)COVERPAGE3-AuthoriudSi~es

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GENERAL PROVISIONSAITACHMBNT(S)

DETAILS ( 25 TACHMENTS

AttJ TDH Term Financial Assistance Direct Total AmountAmd Program/

Begin End Source ofAssistance (TDH Share)

No. IDAmount

Funds·

01 HANSENS 01101101 12/31/01 93.215 41,356.00 0.00 41,356.00

TDH Document No.7560009056 2002 Totals $41,356.00 $0.00 $41,356.00

*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.

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EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.

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

PERFORMING AGENCY NAME:

DALLAS COUNTY HEALTH AND HUMANSERVICES DEPARTMENT

By:(Signature of person authorized to sign contracts)

(Name and Title)

Date: ------

RECOMMENDED:

By: _

(pERFORMING AGENCY Director, if differentfrom person authorized to sign contract)

RECEIVING AGENCY NAME:

TEXAS DEPARTMENT OF HEALTH

/~ ~ 4/LLBY:~-~r:~~-

(Signatur~fperson authorized to sign contracts)

Sidney P. Shelton, ChiefBureau Qf FjnaDGial Services

(Name and.Title)

Date: _""'-fo;...y./....::;;·-z..__1"'--·~/Vtn~-d----I '. 7

TOH Document No: 7560009056 02

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ARTICLE

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GENERAL PROVISIONS FORTEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS

TABLE OF CONTENTS

2001 GENERAL PROVISIONS 4/00

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Any alteration to this document constitutes a countu-{)(fu and must be approved in writing by the Texas Department of Health.

GENERAL PROVISIONS FORTEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS

ARTICLE 1. Preamble

PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this grantcontract (contract), to faithfully perfonn the duties prescribed by this contract and to uphold and abide by its tennsand provisions. This contract consists ofRECEIVING and PERFORMING AGENCY identifying data, Details ofAttachment(s), authorized signatures, General Provisions, and Attachment(s) with detailed Scope(s) of Work,Special Provisions, budget(s), and exhibit(s) as applicable. This contract represents the complete and entireunderstanding 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 behalfofPERFORMING AGENCY, or representingthemselves as signing and executing this contract on behalfof PERFORMING AGENC"Y , warrant and guaranteethat he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalfofPERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms,performances, and provisions.

PERFORMING AGENCY assures compliance with this contract, including these General Provisions unlessotherwise specified in any Special Provisions of the Attachment(s) to this document. If these General Provisionsare revised or replaced during the term ofthis contract and PERFORMING AGENCY does not consent to complywith the modified General Provisions, PERFORMING AGENCY may exercise its termination options inaccordance with the General Provisions, Termination Article.

ARTICLE 2. ImIl

The time period ofthis contract shall be governed by the term(s) ofthe Attaehment(s). No commitment ofcontractfunds is permitted prior to the fust day or subsequent to the last day of the term. The term may be extended orshortened byamendment(s).

ARTICLE 3. FugdiAC

This contract is contingent upon the availability of funding for each Attachment for the term ofthe Attachment.PERFORMING AGENCY shall have no right ofaction against the State ofTexas or RECEIVING AGENCY inthe event 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. If funds become unavailable,provisions of the Termination Article will apply.

ARTICLE 4. AmcgdmcDtI

This contract may be amended only ifthe amendment is in writing and signed by individuals with authority to bindall parties.

PERFORMING AGENCY shall not perform and RECEIVING AGENCY shall not pay for the perfonnance ofdifferent or additional services, work, or products except pursuant to an amendment ofthis contract that is executed

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PERFORMING AGENCY certifies by execution of this contract to the following:

• it is not ineligible for participation in federal or state assistance programs under Executive Order12549, Debannent and Suspension, Feb. 18, 1986, 51 Fed. Reg. 6370;

• neither it nor its principals are presently debarred, suspended, proposed for debannent, declaredineligible, or voluntarily excluded from participation in this transaction by any federal departmentor agency;

• it has not knowingly failed to pay a single substantial debt or a number ofoutstanding debts to afederal or state agency; and

• it is not subject to an outstanding judgment in a suit against PERFORMING AGENCY forcollection of the balance of a debt.

Where PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMINGAGENCY shall attach an explanation.

PERFORM1.'G 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. Agurances

PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a purposethat constitutes or presents the appearance ofpersonal or organizational conflict of interest or personal gain.

To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees tofully comply with the following:

• Title VI of the Civil Rights Act of 1964,42 USC §§2000d et seq. (p.L. 88-352), which prohibitsdiscrimination on the basis ofrace, color or national origin, and includes the provision for effectivecommunication and equal access to programs, services and activities to persons with LimitedEnglish Proficiency (LEP);

• Title IX ofthe Education Amendments of 1972,20 USC §§1681-1683, and 1685-1686, as amended,which prohibits discrimination on the basis of sex;

• Section 504 ofthe Rehabilitation Act of 1973,29 USC §794(a), which prohibits discrimination onthe basis ofdisabilities and the Americans with Disabilities Act of 1990,42 USC §§12101 et seq.,including the provision for effective communication and equal access to programs, services andactivities to perSODS with sensory and speech impairments;

.. The Age Discrimination Act of 1975, 42 USC §§6101-6107, as amended, which prohibitsdiscrimination on the basis ofage;

.. The Dnag Abuse Oftice and Treatment Act of 1972, 21 USC §1101 et seq., as amended, relatingto nondiscrimiutioD on the basis ofdnlg abuse;

.. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Actof 1970, 42 USC §29Odd (bXl), as amended, relating to the nondiscrimination on the basis ofalcohol abuse or alcoholism;

.. Public Health Service Act of 1912, §§523 and 527, 42 USC §290d~-2, as amended, relating toconfidentiality ofalcohol and dnlg abuse patient records;

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(1) Institution ofenvironmental quality control measures under the National Environmental Policy Actof 1969, 42 USC §§4321-4347 and Executive Order 11514, "Protection and Enhancement ofEnvironmental Quality."

(2) Notification of violating facilities pursuant to Executive Order 11738, "Providing forAdministration of the Clean Air Act and the Federal Water Pollution Control Act with Respect toFederal Contracts, Grants, or Loans."

(3) Protection of wetlands pursuant to Executive Order 11990.(4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988.(5) Assurance of project consistency with the approved State Management program developed under

the Coastal Zone Management Act of 1972, 16 USC §§1451 et seq., as amended(6) Confonnity of federal actions to state clean air implementation plans under the Clean Air Act of

1955, as amended, 42 USC §§7401 et seq.(7) Protection of underground sources ofdrinking water under the Safe Drinking Water Act of 1974,

42 USC §§300f-300j, as amended.(8) Protection of endangered species under the Endangered Species Act of 1973, 7 USC §136, as

amended.

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.

M.

N.

O.

P.

Q.

The Federal Fair Labor Standards Act and the Intergovernm~ta1Personnel Act of 1970, as applicable,concerning minimum wage and maximum hours.

General Appropriations Act, Regular Session, 76th Legislature, 1999, Article §9-6.13, pp. ix-39&40,"Limitation on Grants to Units of Local Government." For the purpose of §9-6.l3, "unit of localgovernment" shall mean a council ofgovernments, a regional planning commission; or a similar regionalplanning agency created under Chapter 391, Local Government Code; a Local Workforce DevelopmentBoard; or an MHMR community center.

Texas Government Code, Chapter 573, relating to nepotism.

Texas Government Code, Chapter 552, relating to open records and public information.

Texas Government Code, Chapter 551, relating to open meetings.

Texas Government Code, Chapter 415, and all rules adopted by the Texas Commission on LawEnforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code,relating to regulated law enforcement agencies.

PERFORMING AGENCY shall ensure that the facilities under its ownership, lease or supervision which will beutilized in the accomplishment ofthe project are not listed on the Environmental Protection Agency's (EPA) listofViolating Facilities and shaI1 notify the Federal grantor agency of the receipt ofany communication from theDirector of the EPA Office o.f.Federai Activities indicating that a facility to be used in the project is underconsideration for listing by the EPA (Executive Order 11738).

PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the FloodDisaster Protection Act of 1973, 42 USC §§4001-4003, as amended. Section 102(a) re;quires the purchase of floodinsurance in communities where the insurance is available as a condition for the receipt of any federal fmancial

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and 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 new anduseful improvement.

"Work made for hire" is a work prepared by an employee within the scope of his or her employment; or a workspecially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture orother audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as atest, as answer material for a test, or as an atlas, and the parties expressly agree in a written instrument signed bythem 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 Pi "duction of original books, manuals, films, or other original material isthe exclusive property ofRECEIVING AGENCY. All right, title, and interest in and to said property shall vest inRECEIVING AGENCY upon creation: All work performed shall be deemed to be a "work made for hire" forcopyright purposes and made in the course ofthe services rendered pursuant to this contract To the extent that titleto any such work may not, by operation of law, vest in RECEIVING AGENCY or such work may not be considereda work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVINGAGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,copyrights, 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. PERFORMING AGENCYshall ensure all rights, titles, and interest in and to the intellectual property are secured to RECEIVING AGENCYfrom PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVINGAGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated byRECEIVING AGENCY, all assistance required to perfect the rights defmed in this Article, without any charge orexpense beyond those amounts payable to PERFORMING AGENCY for the services rendered under the contract.

If federal funds are used to finance activities supported by the contract Attachment(s) that result in the productionoforiginal books, manuals, films, or other original material, the federal awarding agency reserves a royalty-free,nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, forfederal government purposes (1) the copyright in any work developed under a grant, subgrant, or contract undera grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipientpurchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federalawarding agency arant support and a disclaimer, as appropriate, on any publication written or published with suchsupport and, if feasible, on any publication reporting the results ofor describing a grant-supported activity. Anacknowledgment shall be to the effect that wnus publication was made possible by arant number _from (fmetal awmlinl apngy)" or "The project described was supported by grant number from«(;clem. awardiolllcm;yJ" anj "Its contents are solely the responsibility of the authors and do not necessarilyrepresent the official views ofthe (federal awar4ina a&mcV."

In the event the terms ofa federal grant award the COPYright to PERFORMING AGENCY, RECEIVING AGENCYreserves a royalty-free, nonexclusive, worldwide and irrevocable license to reprodu~,publish or otherwise use,and to authorize others to use, for RECEIVING AGENCY, public health, and state governmental noncommercial


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PERFORMING AGENCY is responsible for installing and implementing any versions of any software providedby RECENING AGENCY or an agency of the federal goverrunent 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 perfonned using four-digit year processing;2) functionality-on-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 perfonned; and7) processing correct results in forward and backward date calculation spanning century boundaries

must occur;

b) "date integrity" shall mw.n all manipulations of time-related data (dates, durations, days of week, etc.)will produce desired results for all valid date values within the application domain;

c) "explicit 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 pr~uct's reference documentation;

e) "general integrity" shall mean no value for current date will cause interruptions in desired operation;

f) "implicit century" shall mean for any data element without century, the correct century is unambiguousfor all manipulations involving that document;

g) "product" or "products" shall be defined to include, but is not limited to, any supplied or supportedhardware, software, firmware and/or micro code;

h) "valid date" shaI1 contain a two-digit month, a two-digit day and a four-digit year.

PERFORMING AGENCY and its subrecipient(s) must obtain a warranty from any vendorllicensor from whichit obtains product(s) that product(s) delivered and installed under the contraetllicense shall be able to accuratelyprocess valid date data when used in accordance with the product documentation provided by the contractorllicensor and require no exttaordiDal'y actions on the part of PERFORMING AGENCY, its personnel, or itssubrecipient(s). Products UDder the contractl1icense shall possess general integrity, date integrity, explicit andimplicit century capabilities. If the contraetllicense requires that specific products must perform as a system inaccordance with the foregoiDg..warranty, then the warranty shall apply to those listed products as a system. Theduration of this warranty and the remedies available to PERFORMING AGENCY or its subrecipient(s) for breachof the warranty shaI1 be defined in, and subject to, the terms and conditions of the contractor's standardcommercial warranty or warranties contajnM in the contraetllicense; provided, that notwitbstanding any provisionto the contrary in such commercial warranty or warranties, the remedies available to J»ERFORMING AGENCYor its subrecipieDt(s) shaI1 include repair or replacement of any supplied product if its noncompliance is

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individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees toperform faithfully hislher duties or to account properly for all monies and property received by virtue of hislherposition or employment.

ARTICLE 14.. Fundin& farticipation 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 15. 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·

OMB Circular A-87, State &Local Governments

Audit Requirements*

OMB Circular A-I33

AdministrativeRequirements·

UGMS

• OMS Circulars shall be applied with the modifications prescribed by UGMS.

PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a fmancial andcompliance audit (Single Audit) if required by OMB Circular A-133 and/or UGMS. Th~ audit shall be ofPERFORMING AGENCY's or the AUTHORIZED CONTRACTING ENTIlY's fiscal year. The audit must beconducted by an independent certified public accountant and in accordance with applicable OMB Circulars,Government Auditing Standards, and UGMS. PERFORMING AGENCY shall procure audit services incompliance with state procurement procedures, as well as with the provisions ofUGMS.

If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.RECEIVING AGENCY will provide PERFORMING AGENCY with written audit requirements ifa limited scopeaudit is required.

Within 30 days ofreceipt ofthe audit reports required by this section, PERFORMING AGENCYIAUTHORIZEDCONTRACTING ENTITY shall submit a copy to RECEIVING AGENCY's Internal Audit Division.

ARTICLE 16. Terma and CogdtUOIII of Paymmt

For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimbursePERFORMING AGENCY for allowable costs. Reimbursemems are CODtiDgent on a signed contract and will notexceed the total of each Attaehment(s). PERFORMING AGENCY is entitled to payment only if the service,work, and/or product bas beea-satisfactorily performed and authorized in accordance with this contract.

PERFORMING AGENCY must have incurred a cost within the applicable Attachment term to be eligible forreimbursement under this contract and prior to claiming reimbursement. PERFORMING AGENCY must submitrequests for reimbursement on a State of Texas Purchase Voucher (TDH Form B-13) or any other formdesignated by RECEIVING AGENCY monthly within 30 days following the end of the month covered by the

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ARTICLE 18. Pro2ram Income

PERFORMING AGENCY may, but if a local health department shall, develop a fee-for-service system and aschedule of fees for personal health services in accordance with the provisions of Health and Safety Code §12.03 1;the Texas Board of Health rules covering Fees for Clinical Health Services, 25 TAC §1.91; and other applicablelaws. No patient may be denied a service due to inability to pay.

All revenues directly generated by an Attachrnent(s) supported activity or earned only as a result of theAttachment(s) during the term of the Attachrnent(s) are considered program income. PERFORMING AGENCYshall identify and report this income utilizing the forms and time frames specified in the Reports Article of theseprovisions.

PERFORMING AGENCY shall utjlize 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. Program income will be used by PERFORMING AGENCY to further the programobjectives ofthe state/federal statute under which the Attachment(s) was/were made, and it shallbe spent on the same project in which it w&.» generated.

B. Deductive method - deduct the program income from the total allowable costs to determine the netallowable costs.

PERFORMING AGENCY must expend program income during the Attachment term in which it is earned, and maynot carry forward to the succeeding term. Program income not expended in the term in which it is earned shall berefunded to RECEIVING AGENCY.

RECEIVING AGENCY may base future funding levels, in part, upon PERFORMING AGENCY's proficiency inidentifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditionsofthe applicable Attachment(s).

ARTICLE 19. Overtime Compensation

PERFORMING AGENCY shall not use any ofthe funds provided by the Attaehment(s) hereto to pay the premiumportion ofovertime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime paydue employees. Premium overtime pay is defined as any compensation paid to an individual in addition to thenormal rate ofpay for hours worked in excess ofnormal working hours.

ARTICLE 20. Eqpipnent and SJIIlVIia

In accordance with Health and Safety Code, §12.053, title to all equipment and supplies purchased from fundsfrom this contract will be in the name of PERFORMING AGENCY throughout the Attaehment(s) term(s) or untilthe Attachment is tenninated.

Equipment is defined as tangible nonexpeDdable personal property with an acquisition cost of more than $1,000and a useful life of more than one year, with the following exceptions: fax machines, stereo systems, cameras,video recorder/players, microcomputers, software, printers, microscopes, oscilloscopes, centrifuges, balances,and incubators. If the unit cost of these exception items is more than $500, they will be considered equipment,must be approved for purchase by RECEIVING AGENCY, and are considered capital assets for inventory


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PERFORMING AGENCY is responsible to RECEIVING AGENCY for the perfonnance of any subrecipient.PERFORMING AGENCY will monitor performance and maintain pertinent records that will be available forinspection by RECEIVING AGENCY.

PERFORMING AGENCY shall ensure that:

• subrecipiems are fully aware of the requirements imposed upon them by state/federal statutes andregulations;

• subrecipients comply with all financial management requirements as defined by RECEMNGAGENCY, UGMS and the applicable OMB circulars;

• subrecipients complete required audits; and, that• an adequate tracking system is maintained to ensure timely receipt of any subrecipient's required

audit reports and the resolution of any findings and questioned costs cited by these reports.

ARTICLE 22. Contracts for Procurement

PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited inspeciLit Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEl VING AGENCYfor the performance of any subcontracted activity.

Contracts for procurement shall be in writing and must contain the following provisions:

• Administrative, contractual, or legal remedies in instances where contractors violate or breachcontract terms, and provide for such sanctions and penalties as may be appropriate (contractsother than small purchases).

• Termination for cause and for convenience by PERFORMING AGENCY including the mannerby which it will be effected and the basis for settlement (all contracts in excess of 510,(00).

• Compliance with the Copeland ..Anti-Kickback" Act (18 USC §874) as supplemented inDeparanent of Labor regulations (29 CFR Part 3) (all contracts and subgrants for constructionor repair).

• Compliance with §§103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC§§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (constructioncontracts awarded by grantees and subgrantees in excess of $2,000, and in excess of 52,500 forother contracts which involve the employment of mechanics or laborers).

• Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting.• Notice of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service

marks, copyrights, and patent rights with respect to any discovery or invention which arises oris developed in the course of or under such contract.

• RECEIVING AGENCY requirements and regulations pertaining to copyrights and rights in data.• Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the

United States, the State of Texas or any of their duly authorized representatives to any books,documents, papers, and records of the contractor which are directly pertinent to that specificcontract for b purpose of making audit, examination, excerpts, and transcriptions.

• Retention of all required records for the required retention period after RECEIVING AGENCYmakes final payments and all other pending matters are closed.

• Compliance with all applicable standards, orders, or requirements issued under §306 of the CleanAir Act (42 USC §1857(h», §508 of the Clean Water Act (33 US~ §1368), Executive Order

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ARTICLE 25. Records Retention

PERFORMING AGENCY shall retain and preserve all records relating to this contract generated or collectedby PERFORMING AGENCY or subgrantee thereof according to Government Code §441.006, 13 TAC §6.10,RECEIVING AGENCY's certified records retention schedule, and UGMS, Pan m, "State Unifonn Requirementsfor Grants and Cooperative Agreements," Subpan C - Post-Award Requirements, Item _.42. Any record heldby PERFORMING AGENCY which is not identified in the referenced retention schedules will be retained byPERFORMING AGENCY for a period of three years from the date of the last expenditure repon submitted undercontract Attachment(s) or until all audit questions are resolved, or until any court order(s) requiring recordretention are dissolved, whichever time period is longer. PERFORMING AGENCY shall retain medical recordsin accordance with the governing rules or regulations which may be applicable.

The retention schedules referenced in this Article are incorporated by reference and made a part of this contract.PERFORMING AGENCY may obtain a copy of the record retention schedules or the Texas Depanment ofHealth Records Handbook by contacting RECENING AGENCY's Records Coordinator.

Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein.

ARTICLE 26. Eatieut or CUmt Bmu:ds

Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, PERFORMING AGENCYshall share all patient or client information with RECEIVING AGENCY when the contract involves patient orclient care by the PERFORMING AGENCY.

RECEIVING AGENCY may require PERFORMING AGENCY, or any subrecipient, to transfer a client orpatient record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either theconfidentiality of the record or the health and welfare of the client or patient.

In the event of termination, RECEIVING AGENCY may require the transfer of client or patient records asauthorized by law upon written notice to PERFORMING AGENCY, either to another entity that agrees tocontinue the service or to RECEIVING AGENCY.

At the end of the Attae1unenl term, PERFORMING AGENCY sball give RECEIVING AGENCY access to therecords or provide copies for audit, examination, evaluation, inspection, litigation, or other circumstances thatmay arise, to the extent authorized by law.

PERFORMING AGENCY, or any subrecipient, sball not otherwise transfer an identifiable client record,including a patient record, to another entity or person without written consent from the client or patient, orsomeone authorized to act on his or her bebalf. Written consent must be given on a form provided byRECEIVING AGENCY or as otherwise authorized by law, including the Texas Medical Practice Act, TexasOCcupations Code, 11159.001 «s«/.

ARTICLE27. Copftdnptfe'Mr

PERFORMING AGENCY sball have a system in effect to protect client or patient records and all otherdocuments deemed confidential by law which are maintained in connection with the activities funded under thiscontract. PERFORMING AGENCY sba11 not disclose or transfer confidential client or patient information,including information required by the RePOrts Article, except in accordance with applicable law.

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undocumente~ dispute~ 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;

G. delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions arepending resolution;

H. place PERFORMING AGENCY on probation. Probation means that PERFORMING 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 PERFORMING AGENCY;

I. conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means morefrequent or more extensive monitoring will be perfonned by RECEIVING AGENCY than wouldroutinely be accomplished;

J. require PERFORMING AGENCY to obtain technical or managerial assi~~:mce;

K. disallow requests for reimbursement by disapproving costs or fees submitted for payment orreimbursement by PERFORMING AGENCY;

L. establish additional prior approvals for expenditure of funds by PERFORMING AGENCY;

M. require additional, more detailed, financial and/or programmatic reports to be submitted byPERFORMING AGENCY;

N. demand repayment from PERFORMING AGENCY;

O. reduce the contract funding amount for failure to achieve or maintain the proposed level of service, toexpend funds appropriately and at a rate which will make full use ofthe award, or to provide servicesas set out in the contract; and

P. impose other remedies provided by law.

RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed(with the exception ofaccelerated monitoring, which may be unannounced), stating the nature ofthe sanction(s),the reasons for imposing them, the corrective actions which must be taken before they will be removed and the timeallowed for completing the corrective actions, and the method, ifany, ofrequesting reconsideration ofthe sanctionsimposed. PERFORMING AGENCY is required to file, within 15 days ofreceipt ofnotice, a written response toRECEIVING AGENCY's programIdivision that sent the notice, acknowledging receipt of such notice and statinghow PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the findings onwhich the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING AGENCYdetermines that a sanction is W!!DDted, and unless the sanction is subject to review (see Sanction Review Article),RECEIVING AGENCY's decision is final and PERFORMING AGENCY must take corrective action.

In an emergency, RECEIVING AGENCY may immediately tenninate or suspend all or part of the contract,temporarily or permanently withhold cash payments, deny contract renewal or futw:e contract awards, or delay


38

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 Articleto give effect to both.

ARTICLE 30. Breach of Contract

Any remedies set out in this contract are in addition to rights and remedies for breach ofcontract provided by law.

ARTICLE 31. Terminatiog

Each Attachment shall terminate upon the expiration date ofthe Attachment unless extended by written amendmentin accordance with the Amendments Article. Prior to completion ofthe contract term, all or a part of this contractmay be terminated with or without cause as set out below.

A. Termination without cause.

(1) Either party may terminate this contract with at least 90 days prior written notice to the otherparty.

(2) The parties may ~rminate this contract by mutual agreement.(3) Either party may terminate this contract with at least 30 days prior written notice to the other party

in the event state and/or federal funding for this contract is terminated, limited, suspended, orwithdrawn.

(4) RECEIVING AGENCY may terminate this contract when, in the sole determination ofRECEIVING AGENCY, termination is in the best interest ofthe State ofTexas.

B. Termination for cause.

(1) Either party may terminate for material breach ofcontract with at least 30 days written notice tothe other party.

(2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach ofcontract orfor any other conduct that jeopardizes the contract objectives, by giving at least 30 days writtennotice to PERFORMING AGENCY. Such conduct may include one or more ofthe following:

(a) A court ofcompetentjurisdiction finds that PERFORMING AGENCY has failed to adhereto any laws, ordinances, roles, regulations or orders of any public authority havingjurisdiction;

(b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails toallow its employees or those of its subrecipients to communicate with RECEIVINGAGENCY as necessary to the perfonnance ofthe contract;

(c) PERFORMING AGENCY breaches a standard of confidentiality with respect to theservices provided under this contract;

(d) RECfJV]NG AGENCY detennines that PERFORMING AGENCY is without thepersonnel or resources to perfonn under the contract;

(e) RECEIVING AGENCY detennines that PERFORMING AGENCY, its agent or anotherrepresentative offered or gave a gratuity (e.g., an entertainment or gift) to an official oremploYee ofRECEIVING AGENCY for the purpose ofo~inga contract or favorabletreatment;


39

PERFOIUv1ING AGENCY will have in place legally sufficient due process hearing procedures for all of itsemployees filling 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 paidemployees is that employees on state budgeted positions receive state benefits and are subject to certain duties,obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in theState Appropriations Act, is that no employee paid on a state-budgeted position may receive a salary supplementfrom any source unless specifically authorized in the Appropriations Act or other state law. This prohibitionincludes the payment to such employee ofa so-called "flat rate" car allowance or travel allowance. Any travel orper diem allowance to these employees must be on a reimbursement basis, supported by appropriate records, andmay not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and currentstate travel regulations. This restriction will apply whether travel funds are provided in Attachment(s) under thiscontract or from any other source.

PERFORMING AGENCY will utilize RECEIVING AGENCY's policies and procedures for hiring and promotingindividuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling thesepositions will be subject to approval ofRECEIVING AGENCY's Bureau of Human Resources. The purpose ofthe approval is to ensure that individuals occupying these positions meet minimum educational and experiencerequirements.

PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel,payroll, leave and time records, and travel costs on state-budgeted positions. RECEIVING AGENCY will furnishdocumentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions.

An independent audit is not required as a condition ofthis contract if the Attachment provides assistance throughassignment of state-budgeted positions and no funds are budgeted for local costs.

PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used tofulfill the scope ofwork ofapplicable Attaehment(s) in lieu ofbeing furnished state payroll warrants after a statebudgeted position becomes vacant Reimbursement will not exceed the balance of funds on the state-budgetedposition after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY's Director,or other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVINGAGENCY will transmit formal approval and a revised budget to PERFORMING AGENCY to complete theconversion if the request is granted.

ARTICLE 35. 5gryiyal ofTerms

Termination or expiration of this contract for any reason shall not release either party from any liabilities orobligations set forth in this contract that (a) the parties have expressly agreed shall survive any such terminationor expiration, or (b) remain to be performed or by their nature would be intended to be applicable following anysuch termination or expiration.


40

Addendum to 2001 General Prorisionsfor Texas Department of Health Grant Contracts

Child Abuse Reporting Requirements

PERFORMING AGENCY and each of its subrecipients shall make a good faith effort to comply with all childabuse reporting guidelines and requirements in Chapter 261 of the Texas Family Code relating to investigationsof report~ of child Goose and neglect. PERFORMING AGENCY and each of its subrecipients shall develop,implement, and enforce a written policy that includes at a minimum the RECEIVING AGENCY's Child AbuseScreening, Documenting, and Reporting Policy for Grant Services Contractors, and train all staff on reportingrequirements. PERFORMING AGENCY and its subrecipients shall use the Checklist for TDH Monitoring asrequired by RECEIVING AGENCY.

2001 GENERAL PROVISIONS Addendum Page 9/00

41

DOCUMENT NO. 7560009056-02ATTACHMENT NO. 01

PERFORMING AGENCY: DALLAS COUNTY HEALTH AND HUMAN SERVICESDEPARTMENT

RECEMNG AGENCY PROGRAM: HANSEN'S DISEASE PROGRAM

TERM: January 01, 2001 THRU: December 31, 2001

SECTION 1. SCOPE OF WORK:

PERFORMING AGENCY shall provide specialized public health nursing services to Hansen'sDisease (HD) patients. The basic public health nursing responsibilities are to: (1) facilitate theoperation f)f RECEIVING AGENCY, Regional Hansen's Disease Center, health care deliveryprogram to ensure that objectives are met or exceeded; (2) assist local physicians in providingquality outpatient services; (3) provide and coordinate outreach services, patient follow-up, andcasefmding; (4) perfOml eye, hand, foot, and contact screens; (5) coordinate the HD nursing careprogram within the assigned area and other existing health care and.social agencies that do or canprovide assistance with patient follow-up and casefinding; and (6) coordinate patient educationefforts, utilizing existing materials and identifying new mate'iials. to be· developed for use at theassigned area, as well as within the community and the patient's home environment.PERFORMING AGENCY shall implement and conduct the HD program in accordance with all

1 '

policies and procedures described in the "Regional Hansen's Disease Program Public HealthNursing Manual." The manual is provided by RECEIVING AGENCY and is adopted by.reference as a condition of this Attachment.

PERFORMANCE MEASURES

The following performance measures will be used to assess, in part, the PERFORMINGAGENCY'S effectiveness in providing the services described in this contract Attachment, withoutwaiving the enforceability of any of the other terms of the contract:

• 85 % of clients examined by a physician annually;• 85% of clients RECEIVING hand and foot screens; and• 90% of short term therapy clients completing therapy.

In addition, PERFORMING AGENCY shall submit to RECEIVING AGENCY, HD Program,the attached Quarterly Documentation of HD Related Services. These reports are due April 10,July 10, October 10, 2000, and January 15, 2001.

AITACHMENT - Page 1

/

42

PERFORMING AGENCY shall complete a Texas Hansen's Disease Surveillance Form for eachnewly diagnosed HD patient and forward it to RECEIVING AGENCY within 30 days ofdiagnosis.

PERFORMING AGENCY shall provide RECEIVING AGENCY with other reports andinformation as required to determine the effectiveness of the inpatient, outpatient, casefmding,and!or clinical study program.

PERFORMING AGENCY shall authorize HD personnel to attend in-state HD conferences andmeetings for which travel funds are budgeted in this contract Attachment. Employee will reportany such travel support to PERFORMING AGENCY monthly for reimbursement.

PERFORMING AGENCY shall comply with 41 USC 252(c)(10).

PFRFORMING AGENCY shall provide services to .Q clients who live or receive services infollowing county(ies)/area: Collin, Cooke, DaIlas, Denton, Ellis, Erath, Fannin, Grayson, Hood,Hunt, Johnson, Kaufman, Navaqo, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, Wise.

SECTION II. SPECIAL PROVISIONS:

General Provisions, ADVANCE PAYMENTS Article, is no~ app.licable to this Attachment.

ATTACHMENT - Page 2

43

SECTION Ill. BUDGET:

PERSONNEL

FRINGE BENEFITS

TRAVEL

EQillPMENT

SUPPLIES

CONTRACTUAL

OTHER

TOTAL DIRECT CHARGES

'.J INDIRECT CHARGL~ .

TOTAL

Total reimbursements will not exceed $ 41,356.00.

$27,476.00

6,426.00

450.00

0.00

0.00

0.00

0.00

$34,352.00

7,004.00

$41,356.00

Financial status reports are due the 30th of April, 30th of July, 30th of October, and the 30th ofMarch.

The negotiated indirect cost amount shown above is less than PERFORMING AGENCY'S currentapproved indirect cost rate on rue at RECEIVING AGENCY. Indirect cost will be charged inaccordance with the approved rate, but may not exceed the amount shown above. Indirect chargesto this contract may not exceed the amount shown above, except by prior written approval ofRECEIVING AGENCY.

ATTACHMENT - Page 3

44, I !

Date:

To:

From:

Dallas CountyJUVENaE DEPARTMENT

MEMORANDUM

November 8, 2000

Dallas County Commissioners Court

Michael K. Griffiths, Director

I'''' l'r" - '") r:~J '1- 3Sv,j "'J'; J I II v'

Subject: Recommendation for Award of Contract for Operation and Enhancement of theDallas County Juvenile Information System

Background of Issue

Commissioners Court authorized the release of Request for Proposals (RFP) No. 2001-009-686for Operation and Enhancement of the Dallas County Juvenile Information System (JIS). TheRFP was released on September 27, 2000. RFP's were distributed to a total of 21organizations. A pre-bid conference was held on October 10, 2000, with 17 organizationsrepresented. Only three proposals were received by the October 23, 2000 deadline: TheHarbour Group, Orion Communications, and Design Soft Consulting Corp. The purpose of thisbriefing is to request Commissioners Court approval of the recommendation to award thecontract for Operation and Enhancement of the Dallas County JIS to The Harbour Group.

Proposal Review Process

The proposals were evaluated by a review panel consisting primarily of members of the JCECExecutive Committee. John Hennessey, County MIS Director, and Angie Morton of the DistrictClerk's office also participated in the proposal review. Irvin Hicks evaluated and scored theMIWBE documents. Members of the review panel interviewed all three respondents onNovember 1. Following the interviews, the review panel individually scored the proposals, usinga standard scoring instrument and the following criteria:

Prior Experience with Similar ProjectsPlan for Providing Technical ResourcesProject ManagementOperation of thrJISAdding Data From Additional AgenciesEnhancements to the JISApplicant-Identified ImprovementsDallas County MJWBE

Total

15 points15 points20 points10 points10 points10 points5 points

15 points

100 points

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

45

JIS Contract Awardpage 2

The Harbour Group was scored as the best proposal by eight of the nine reviewers and had thehighest average score. The evaluation scores were as follows: '

The Harbour GroupOrion CommunicationsDesign Soft Consulting

Proposal63.660.342.4

MIWBE99

15

Total72.669.357.4

The review panel found that The Harbour Group had the best access to the diverse technicalresources needed for the project, had the most locally-based resources, provided the mostrealistic analysis of the time and resources needed to complete the different components of theproject, and provided the most comprehensive analysis of enhancements that will allow the JISto function more efficienl.;Y. John Hen'1essey completed a detailed analysis of the pricingstructure for ec.eh proposal and found that The Harbour Group offers the best value. The RFPrequested pricing on a modified time and materials basis, with the cost for each type of technicalresource listed separately. The RFP required that respondents list the percent profit includedin each hourly rate for technical resources. The Harbour Group's pricing included a 21.8% profitfor all work completed by their employees, and provides any subcontracted work to DallasCounty with no additional markup. Orion proposed an average profit of 36.8°~ and Design SoftConsulting's profit averaged 31.7°~.

The Harbour Group proposes to utilize two subcontractors on this project that are certified by theNorth Central Texas Regional Certification Agency. The FMJ Group is targeted for 28°~ of theproject's work at an estimated value of $275,615 and CPS Incorporated is targeted for 23°~ ofthe project at an estimated value of $221,519.

Attachment A provides a list of the review panel, Mr. Hennessey's cost analysis, the MIWBEscores, and a copy of the evaluation instrument. Attachment B contains the transmittal lettersand the vendor statistical report from each proposal to provide a summary of each respondent'sproposed services.

Services to be Provided by The Harbour Group

The current version of the JIS is considered to be a functioning, extended prototype. Data fromadditional agencies and significant enhancements are needed for the JIS to meet the goals ofthe Dallas County JAIBG Collaboration. The Harbour Group will assume responsibility for thecontinued operation of the JIS, as well as for integrating data from additional agencies andimplementing the desired enhancements to the system. The second funding period.for the .J ISwill be managed as multiple, concurrent project components. Each of the follOWing projectcomponents will have a specific set of deliverable tasks and a target date of completion: projectmanagement; continued operation of existing system; incorporating data from additionalagencies; enhancements to the system; and applicant-identified improvements to the JIS.

2600 Lone Star Drive, B~I S DaDas, Texas 75212 (214) 698-2200

46

JIS Contract Awardpage 3

Operational Impact

The JAIBG grant award is to Dallas County. The JCEC Executive Committee is providing generaloversight and guidance for the project. Dallas County MIS Director John Hennessey serves asa non-voting member of the JCEC and has been involved in all phases of this project. TheDallas County Juvenile Department is serving as the administrative entity for the Dallas CountyJAIBG Collaboration. Juvenile Department staff will manage the work of The Harbour Group inclose collaboration with John Hennessey.

Fiscal Impact

The total JAIBG award to Dallas County jurisdictions for the collaborative effort is $1,682,165,with a cash match of $186,907, for total funding of $1 ,869,072. Dallas County's share of theaward is $400,263, with an associated cash match of $44,474. Other participating jurisdictionsare responsible for their cash match. $1,090,257 is allocated for the recommended contract withThe Harbour Group. The contract will provide for The Harbour Group to be compensated onlyfor the actual time spent on the projed at the rates listed in the proposal. The Harbour Groupwill maintain time sheets and other supporting documentation to justify all costs. Payments willbe disbursed upon the completion of specific project components and submission of theappropriate documentation of work completed. The remaining $778,815 in available grantfunding is reserved to assist participating jurisdictions in accessing the JIS. Continuation fundingin subsequent years is anticipated, but not guaranteed. Other than the $44,474 required cashmatch, no Dallas County funds will be required for this projed.

Legal Impact

Juvenile Department staff are preparing a contract document that will be submitted to AssistantDistrict Attorney John Dahill for his review and approval. The contrad will require the signatureof the Dallas County Judge.

Recommendation

It is recommended that the Dallas County Commissioners Court approve the recommendationof the JIS Proposal Review Committee to award a contract to The Harbour Group for theOperation and Enhancement of the Dallas County Juvenile Information System and that theDallas County Judge be authorized to sign the contrad and related documents on behalf ofDallas County.

Recommended by: YYJJU~~J . I~' I' ' ~t'Michael K. Griffiths, rector

2600 Lone Star Drive, Box 5 DaDas, Texas 75212 (214) 698-2200

47

ATTACHMENT AJIS PROPOSAL REVIEW COMMITTEE

JCEC Members

Martha Hawkins, Dallas Public Schools

Honorable Deanna Burnett, Carrollton Municipal Court

Gene Summers, Dallas Police Department

Capt. Terry Zettle, Irving Police Department

Lt. Kevin Hughes, Richardson Police Department

Gary Arey, Dallas County DA - Juverlile Division

Randy Wadley, Dallas County Juvenile Department

Dallas County Staff

John Hennessey, County MIS Director

Angie Morton, District Clerk's Office

JIS Phase 2 RFP Cost Analysis ·10/31/2000

...QO

352352440320412980

1435

28.8%28.8%28.8%28.8%28.8%28.8%

DnlgnSoftProfit

$8._..•.•.•.•.-

Gross

$30.251$30.251$30.251$30,251$30,251$30.251

orton THGPet Howa / Gross Profit Pet Howa:} Gross Profit Pet Hours

I$238.3: $87.855 3&.4% I. S:~:::~ 545.5: 2::

.eaoo 1111 $~~::~ s:::;~ =:~ 260011111 :::~~ ::: ~~::~u$471,311 $147_ 44.1%1 iji) $IH,118 $101,HO 21.7%1

400I $37.- S15.531 71.11% 520I S28.807 S5.54& 23.&%..001 $2".500 $542 2.3% 340l~~ $27.961 $5.379 23.8%4OOi~~ $13.800 $1.37" 11.2% 290:i:i: $31.585 $8.050 23.7%4OO~~ $18.700 ....318 34.8% 28O)i $22.871 ......00 23.7%4OO~ $80.900 $21.557 38.3% 1380;;;~ $37.880 $7.323 2".0%4001 $24.500 $554 2.3% 340@ $78.335 $14.885 23.8%I ::: i. 521.000 SO 00%

'-1~-~~-~~,IOI~--~-~-_:-:-·"':".:_·:':"_-'::__:-=_::':"_·---::2,4GO~--==i-i;!J $23Il!! $0,'71 22.1% 3,uotil $~,I1' $0,386 21.4%

1111 $710,17' $191,141 38.1%1 Iii' $141,717 $110,047 21.1%I M

$245.148 $88.864 37.5%$60.808 $13._ 30.0%

$206.053 "'7.550 30.0%$352.187 $$1;269 30.0%

I $IU,874 $20110 S2.K1

Core Func:tlonaProjMgmtTranaitionOperatton~AgenciII

Totaleore

OpdonaISWEFSSW-OPTForma SW-OPTHoating Fees-OPT

ReqEnhanc:emenCaOA data entryIntegrate EFSId100I notifypeIIIIon trIICkauIoIMted .....MCdiIp .......T ........Ctn:ub

Tat.II Enb8nce

$2.580 "'93 23.8% 32$13.759 $2.848 23.8% 172$5.120 $885 23.8% 84

$14.070 $2.895 23.7% 196$9.827 $1.827 23.4% 124

"'3.479 $8.251 23.4% 580....594 $880 23.7% 84

$574 $110 23.7% 8$8.891 $1.320 23.7% 96$3.448 $880 23.7% 48

$10.911 $2.090 23.7% 152::~: :? $8.814 $1.850 23.7% 120

1 so SO) H so sol ~~~J $123,141 $23,101 23.1% 1.6361

1$1.041,482 $211,"78 31.7% 7,OOOI!t~710,171 $191,141 38.8% 5.730111 $969,382 $173,658 21.8% 5.9071GRAND TOTAL

Vendor EnhancemenIaCrouBrowMr SplChild Protect SvcaAdd SChool MaIntSOCIal Svca InroWIIn'8nt OptionPfobaIIon Option5eerd\ by AIu• CalculationMuIIiAddreSICommentsHilforicaIIAuditCroaaAgenGy Nbr

Total Vendor

Total Fundi $1.090.257

Available Funds $44.n5 $379.881 $120.895

- The totals for orton do noIlndude any of the optionallOftware amounts

·r

49

DL~LLLc\.S COUNT'CO;\I~f(SSrON£RSCOURT~linority Business Office

DA.TE:

TO

FROM:

stJBJECT:

:\'IEl\'10 RA NDU:.\I

October 27. 2000

J. Allen Clemson,

Court AdmJini~a~or.

[n1n Hicks. . tit;. ,~Director • ~finori~alfs

MAYBE Review ofRFP# 2001-009-686 - Juvenile Information System(M'anagement SUIIunary)

The following is a synopsis of the subject narrative:

Firm NameOrion Comunications, Inc.

Design Soft Consulting Corp.

The Harbour Group. Inc..

15

9

Submission ofEEQl Doss (?)

y

y

y.

Please feel free to contact me should you have questions/concerns regarding this matter.

c: CommUlw"",., C"." (I/InI J. .-tJ1Mt CliItIutM)John C.",..,..Ron $h'tllChu

ftU(2(J()l-OII9)

509 Main Street Suite 613 Dallas. Texas 752~-

RFP NO. 2001-009-686, DALLAS COUNTY JIS PROPOSALEVALUATION SCORESHEET

APPLICANT _

TOTAL SCORE

REVIEWER

KEY:X Not addressed, no pointsMaximum points Exceeds requirements, shows creativity, innovative

ideas, addresses all areas listed in RFPMid-range of points Meets minimum requirements, response less than

comprehensiveLowest points Fails to meet all minimum requirements, significant

areas of RFP not addressed

POINTS EVALUATION CRITERIA COMMENTS

15 MAX PRIOR EXPERIENCE

Review of Attachment BInformation from Reference ChecksExperience with Governmental ProjectsExperience with Criminal/Juvenile Justice SystemExperience with Similar Projects, focus on recent

projects (past 24 months)Specific Experience in: Microsoft SOL, Active Server,

Microfocus Cobol, web-based security, datacollection/consolidation, Crystal Reports

15 MAX PLAN FOR PROVIDING TECHNICAL RESOURCES

Current staff resourcesExperience, training, skills

Proposed additional resourcesStrategy and Time Line for Recruiting

Subcontract arrangementsAvailability of local resourcesEvaluation of Attachments A-7, C & 0

1'" _.", ..

U.Q


20 MAX PROJECT MANAGEMENT

Who will be Project Manager, if known, or plan forrecruiting PM

Where PM will be locatedAbility of PM to make decisionsSystem used to manage project and status reports to

be providedTransition plan prior to Nov. 30,2000. Evalua\ion of Attachments A-1 and A-2

10 MAX OPERATION OF JIS

Plan for continued operation without impairing currentfunctioning

Ongoing data importsUser TrainingHelp-Desk FunctionsTrouble ResolutionContent and Frequency of ReportsEvaluation of Attachment A-3

2

Ul,....


10 MAX ADDING DATA FROM ADDITIONAL AGENCIES

Detailed work planWho is responsible for: initial contact with agencyI

providing technical assistance, actual import ofdata

Estimate of time needed for each agencyProtocols for agency to certify data is accurateEvaluation of Attachment A-4

•

10 MAX ENHANCEMENTS TO THE JIS

Detailed work plan for each enhancementTechnical Resources needed for each enhancementProtocols for acceptance testingEvaluation of Attachment A-5

5 MAX APPLICANT IDENTIFIED IMPROVEMENTS

Detailed work plan for each improvementTechnical Resources needed for each improvementProtocols for acceptance testingEvaluation of Attachment A-f3

GENERAL COMMENTS/NOTES

3

uN

53

ATTACHMENT B

TRANSMITTAL LETTERS AND VENDOR STATISTICAL REPORTS

54

October 23, 2000

Mr. John Cantv.ellPurchasing AgentDallas County Purchasing Department509 Main. Records Building, 6th Floor, Room 623Dallas, Texas 75202

Dear Mr. Cantwell,

The Harbour Group, Inc. (THG) is pleased to present our response to the County'srequest for proposals to assume responsibility for the continued operation of the JIS, aswell as for integrating data from additional agencies and implementing the desiredenhancements to the system. In this response, THG clearly demonstrates our ability tosuccessfully implement phase two of Dallas County's Juvenile Information System (JIS).In addition to the technical expertise required, THG also offers the necessary businessacumen to efficiently and effectively complete the project and identify additionalopportunities for Dallas County to expand the use and functionality of the JIS, thusmaximizing your investment.

THG is an Advisory Consulting firm offering businesses direction and navigationthrough growth and change. We are a provider of business and technology consulting,offering strategic, operational and implementation solutions. Our mission is to objectivelysupport decision-making and aid our clients in achieving current and future businessobjectives by integrating their business and technology strategies.

Since our incorporation in 1996, The Harbour Group has experienced tremendous growthand continues to increase its capabilities to design and implement business andtechnology solutions. Our solutions are taking businesses further, faster by allowing themto realize efficiencies of both time and money as well as bringing them closer to theircustomers and suppliers.

The Harbour Group response to Dallas County's RFP NO. 2001-009-686October 23,2000

Page 3

55

Today. The Harbour Group is comprised of more than 100 professionals with expertise inthe diversitied services, energy. tlnancial services. government, healthcare,manufacturing, nonprotit, technology and telecommunications industries. During thepast four years, our company has demonstrated abilities to provide the working capitalnecessary to manage and support tifteen concurrent projects with combined projectrevenues in excess of $16,000,000. The Harbour Group's tremendous growth in our tirstfour years has increased our capabilities to design and implement business, technologyand process-oriented solutions for our clients. To fully leverage our experience, TheHarbour Group has created two entities: Harbour Advisory Consulting and Trendec.While the Project Executive, David Tedder, is President of Harbour Advisory Consulting,the County will have access to expertise and resources available throughout The HarbourGroup.

Trendec Corpor8t1on

EstablUMd.Juq 2000. till

Intent«~c:cMlfUII.Jt

Service Offerings

Our Advisory Consulting & Technology Delivery Services encompass a variety ofservice offerings which allow us to leverage our knowledge to analyze strategic,technology, infrastructure, project plans, approaches and assist our clients in attainingtheir current and future business objectives. The Harbour Group's objectivity, technicalexpertise, industry knowledge and project management skills have proved to beinstrumental in transforming clients' businesses and ensuring short and long-term results.When partnering with The Harbour Group our clients access advisory and consultingexpertise in the following areas:

Business Consulting ServicesBeing able to fully leverage technology throughout your business is the key to gaining thecompetitive edge. To effectively accomplish this, technology and business processesmust be designed by business people and implemented by technologists. The HarbourGroup's business consultants assist companies and organizations with a broad range ofstrategic, tactical, operational, and implementation issues.

The Harbour Group response to Dallas County's RFP NO. 2001-009-686October 23. 2000

•Page 4

,. Business Strategy

56

,. Business Process .., Change Management

Technology Consulting ServicesInvolved with technology long before the inception of the Internet, our consultantsunderstand the crucial balance between business and technology. Skilled in creating andimplementing solutions that support decision making; The Harbour Group can assist youin achieving your current and future business objectives through the use of appropriatetechnologies.

, IT Strategy, IT Integration

.., hTll'lementation Support

.., Technology Delivery Service

Our Implementation Support and Technology Delivery Services focus on planning andexecuting a successful project and achieving the charted objectives. Project managementand implementation leadership are competencies of The Harbour Group. We haveextensive experience in deSigning and planning for pr\>lject implementations.

Prior Experience

Experience with Government EntitiesIn April 1998, Dallas County awarded THG the Y2K project oversight contract. Thiscontract included project administration, technical liaison, development of work plansand the responsibility of direcrprogress reporting to the Commissioners Court. InFebruary of 1999, THG assumed project management responsibility for Dallas County'sY2K remediation, testing, and integration of its legacy systems. At that time, the workperformed by the previous organization was transitioned to The Harbour Group and weassumed the role of managing and overseeing the remediation project work by Abacus aswell as SCT contractors. The Harbour Group successfully supervised the Y2K project tocompletion on time and within budget.

Experience with Similar ProjectsThe Harbour Group has extensive project management experience involving largedatabases, consolidation of diverse systems and Web development.

Partial List of Relevant Client Projects:

, 7-Eleven, Dallas Bar Association, VitaminShoppe.com, Dallas County, Holly Corporatron

, Igloo, Promotional Products Industry Association International, Gardere & Wynne, Brunswick Outdoor Recreation Group, GTE Directories International

Both of the minority-owned companies The Harbour Group is partnering with to deliverthis project have experience with database conversions, Web and applicationdevelopment, Web-enabling legacy systems and networking solutions. While the FMJGroup and Custom Programming Services, Ltd. each have an impressive list of clients,the ones most relevant to this project are:

The Harbour Group response to Dallas County's RFP NO. 200 1-009-686October 23, 2000

Page 5

,. Dallas Area Rapid Transit System

-,. Dallas County

-, DFW International Airport

,. Dept. of Housing & Urban Development

Project Costs

57

" State of Illinois

-, State of Texas Online

-,. Texas Dept. of Health

The Harbour Group is an approved Qualified Information Services Vendor (QISV) withthe State of Texas. The pricing for this project is directly inline with our discounted QISVrates otfered on government related projects. While more detailed technical informationabout the JIS will be required for THO to carry out this project, we realize the sensitivityof the data contained within the system and have crafted our response using theinformation contained within RFP NO. 2001-009-686 and the lIS Website, we estimatethe operation and enhancement of the Dallas County luvenilt. Information System torequire apploximately seven months to complete. Due to our current knowledge of theCounty's needs, the depth of our experience with similar projects and our overall projectmanagement skills, THO is estimating the total project cost at $969,303. Detailed beloware the estimated prices of each project component:

Project Management

Transiting lIS to THO

Operation of the lIS

$237,061$ 42,843

$204,503

Adding Additional Agencies

lIS Enhancements

THO Improvements

$114,792

$225,519

. $123,585

We understand the funding authorized for each project component may be adjusted byDallas County once work actually begins and we develop a more detailed understandingof the lIS and what is needed to optimize the system's Performance. The estimated costbreakdown of each resource is as follows:

Project Executive

Project Management

Data Mapping & Integration

Development Lead

System Architect

Web Developer 1 & 3

Web Developer 2

Report Developer

$ 196.24

$ 85.44$ 79.99

$ 112.53$ 132.09$ 71.78$ 79.99$ 91.89

Database Administrator

Data Integration

Help Desk

Training & DocumentationChief Technical Officer

Security Consultant

System DocumentationGraphic Design

$ 71.78$ 91.48

$ 55.36$ 77.64

$ 118.56$ 70.97$ 52.91$ 56.39

Our pricing includestwo elements, which may become key differentiators when selectingthe appropriate vendor. The first being $21,000 embedded in the total project cost toensure a successful transition of the lIS project. This money is included to pay the currentvendor for any additional resources needed after their contract with the County has endedand THO takes over the project. While it is unclear if all of the funds will be necessary,we are certain a transition Period of four days between the time the contract is officiallyawarded and the following Monday is not sufficient for complete knowledge transfer to

The Harbour Group response to Dallas County's RFP NO. 2001-009-686October 23,2000

Page 6

58

~londay is not sufficient for complete knowledge transfer to occur, nor will it allow thecontinuity of resources needed beyond November 30m when their contract ends.

Additionally, we have identified several functional enhancements, which we feel wouldincrease the likelihood of the participating agencies utilizing the JIS system as well as thevalue of the system to the end-user. Included in section VII of this response are detaileddescriptions ofthe12 additional enhancements we are recommending. As you'll see in theproject plan, more than 1,100 hours of defmed tasks, above what is needed to effectivelyfulfill the requirements of the RFP, have been added to our project plan and cost modelsto deliver these recommendations.

From our extensive experience, we have learned that projects are best served by adedicated team, which is easily accessible to the contracting organization. This accessleads to a continuous flow of information between both parties resulting in increasedproductivity and minimization of error:'. Each member ofTHO team put forward in thisproject lives in the Dallas Metroplex and is skilled in working closely with ow ,:lients tosuccessfully bring projects in on time and within budget The depth and experience of theproject manager as well as the technical team provide the skills necessary to execute thecomponents of the JIS project concurrently, which is the only method that will allow usto complete the project prior to June 30, 2001.

The JIS project will require the skill sets of a core team of business and technologyprofessionals. While The Harbour Group has a large resource pool to draw from, we havechosen to partner with two local minority owned businesses, The FMJ Oroup and CustomProgramming Services, Ltd., to provide the County with the depth ofexpertise needed torapidly implement a flexible solution. A briefdescription of these two Dallas-basedcompanies as well as the role they will play are provided in our response. Except for thetwo onsite resources, all members of the team designated to work on the JIS project willbe perfonning their assigned duties in THO's Addison office. We have found through ourexperience on projects similar in scale that having all resources in one location facilitatescommunication and ultimately productivity.

We have greatly enjoyed our past relationship with Dallas County and look forward tocontinuing this relationship in the near future. Should you have questions, members ofour executive committee and proposed project team are available to review the substanceof the proposal with you. To arrange such a meeting, please feel free to contact TonyaBrenneman by phone at (972) 726-1925, by fax at 972-503-5632 or via e-mail [email protected]. Thank you for this opportunity.

Sincerely,

~~David TedderHarbour Advisory ConsultingPresident

The Harbour Group response to Dallas County's RFP NO. 2001-009-686October 23, 2000

• Page 7

/& cc» 59 T1w I'tart>or Ct'~. Inc.t ~ ., ~

I~.'. ,'~:';:. .: ADt ; c.ntUr1on Way, Suite 200 Addison, Texas 75001\ '.r~' ""~'

~rt 0' t' TELE.:PHONE; 972. n6. , 900

MAL! WHIT! BLACK HISPANIC NATIVE ASIAN ASIAN OTHERAMERICAN PAOFlC INDIAN

\,)ffldaU/~ 11 1

Professlc:Nu 54 1 1

TeenmdanI

SoMsWonc.s

omceJC1et1CI&

c:r.ttW~ (SIdlled)

~ (SerM SIdUed)

I.IDarw'I (UnIIIdIMd)

SEJMCE WOIaCERS

TOTAL 65 1 1 1'-'

~

QIto.......~,

WIII'IIcawa

~

NATIVI ASIAN ASIANFEMALE WHITI ILACX HISPANIC AMDICAN ,ACIPIC INDIAN onto.

0fftdIIII ........ ...,....... 21 1 1 1

TIdInIc:IIiIw

SlMIw.n.a 2

OftbIa.iaII 1 1

c..ft w.n.a (SIdled)

0pInIM (SeIIII SIlIIId)

......~semc:e w.n.a

28 1 1 1 1~

TOTAL ~

~CII""_~

WIII'IIcawa

~

-TOTAL 93 1 2 2 2CHICX MInarftyoOwned Ann e:.ttftcIdan I ....... S.......,...

ONI: tC'I"D

f)A~:.. Ql.1_~{)~ lo/uJ2.t.>Dl)WomenoOwMd Arm CIrttftcattan , ....., TypId.....nu.: .

ICTICl

~ Teddir. PnIsfdInC Harbor NJtttDy CanUt1nI

IX Non-Mtnor1ty Owned firm

The Harbour Group response to Dallas County's RFP NO. 2001-009-686October 23, 2000

Pagel71

ORIONCOMMUNICATIONS

John Cantwell. Purchasing AgentDallas County Purchasing Department509 Main. Records Building, 6th Floor. Room 623Dallas. Texas 75202

RE: RFP No. 2001.Q09-686

Dear John:

60

October 23. 2000

Orion Communications, Inc. appreciates the opportunity to respond the RFP No. 200 1.Q09-686 as aPrimary provider of services for Dallas County.

Statement ofIntent

Orion Communications. Inc has provided a proposal to Dallas County in response to RFP No. 200 1-009686 with the intention of providing services to Dallas Count}. It is our intent to be the primary provider ofsen;ces in this project bringing to Dallas County an exceptional depth of talents with years of experience.

BriefDescription ofCOIIIJHIIIY

Orion Communications, Inc. appreciates the opportunity to provide this proposal to Dallas County. OrionCommunications, is a Women Owned Business, that will provide the primary contad for all aspects of theproject meeting the requirement ofall responsibilities as outlined in the RFP. Orion provides informationtechnology solutions that combine the best products.. services, and packaged solutions to meet thepersonalized needs of your business. Orion Communications is a fast-growing consulting finn helpingclients such as Dallas County desi~ manage and secure information technology solutions strong enoughfor the most critical business applications. We firmly believe information technology solutions are morethan a way to move information and connect people together. They are vital and strategic components oftoday's business.

Orion has worked with many vendors who provide products and/or services to organizations nationwide.We are designed as a Project Management and Engineering finn to offer solution definition, developmen~implementation, and support services to our clients. Orion is a Women Owned Business registered withNCTRCA as Disadvantaged Business Enterprise Certificate Number WFDB6681Y030 I (Orion Lightworksdoing business as Orion Communications) and the North Texas Women's Business Council (NTWBC)Certification Number WFIOS80301. Orion is comprised ofeight permanent employees and two consultingemployees. Orion is currently engaged in hiring four additional employees. We have been in operationsince June 1998 and have sustained financial stability since the first quarter ofoperation.

Brief1lUtDry o/y.,~'s~ witII projects similtIr to til. DfI1Ja CtHIIIty RFP 2001009-686Orion Communications is an Information Technology organization designed to manage large-scale projectsinvolving voice and data systemS and applications. Orion provided Project Management services to DallasCounty for Phase I of the ns project. Additional services included: Process Engineering Definition,Agency Coordination, Agency Testing, Agency Database Definition, Training, Operational Support, andInfonnation Web Site Development. Our staff bas remained consistent in supporting the ns project andincludes:

• Leslie DeLatte - Senior Project Manager - 17 months with ns Project

• Richard Watson - Systems Engineer - 8 months with ns Project

• Jan Krauel - Operations Manager - 2 months with ns Project

Orion Communications Inc. • 7142 Shook Avenue • Dallas, Texas 75214(214).324.8433 • www.orioncomm.com • fax (214).324.1048

Transnurtal Lener61

t0/23/2000

In this RFP response, Orion's team will include another tenW'ed member of the TIS Phase I project - TomOverlin. Tom's experience includes extensive data mapping of a majority of the agencies included inPhase I of the TIS project, integration with Caseworker, Process Mapping, System Installation and testing

• Tom Overlin - Systems Engineer - (Contractor) 11 months with TIS Project

During Phase L Orion was engaged to document process flows for many different organizations associatedwith juvenile processing within Dallas County, This infonnation was used to document requirement for theinitial design of the system as well as provide the groundwork for the automation of systems as described inthis RFP. Processes that were documented included:

• Arrest• Ticketing• Field Interrogation• First Offender Program• Intake Process• Court Assignment• Court Proressing• Referral Proressing• District Attorney Proressing• Juvenile Department Processing• Truancy Proressing

The following organizations were included within the report:

• Distrid Attorney• Distrid: Courts• Municipal and Justice ofthe~ Courts• Law EnfortemeDt• Juvenile Deteotioo.• Juvenile ProbaIion• Truancy

As a result of providing this service to Dallas County, Orion bas retained an extensive knowledge in theoverall proced.uR:s utilized within Dallas County and the speciJic roles of orpnizations within DallasCounty. By working with so many di1ferent agencies and documenting intemal processes as well as interoffice hand-o~ Orion bas a<:qUirecl a very broad knowledge of the acronyms and terms used within eachagency. The ability to translate terms and knowledge when departments use di1ferent names to describe thesame thing is critical to data mapping elements and understanding how to build the system to meet such adiverse community as the ns user base.

AdtJitiolUll Prior GoNnuIwIIt~

Orion is including within the new team an additional team member, at no additional charge to DallasCounty, as an expert consultant. Emilie Schmidt. Assistant Vice President of E-Business Solutions forCandle Corporation. Prior to joining Candle. Ms. Schmidt served for five (5) years as the ChiefTechnology 0t1k:cr for the State of North Carolina. She was the first person to hold that position in thestate aad was responsible for estab1isbiDI a statewide technical architectural vision. positioning NorthCarolina as a natioDalleadcr in infol'lD8tion technology.

0dI.Applictljle Tdllictll~

Regarding related technical prior experience; Orion's team is very familiar with the ns system architedUre,data mapping, extract file proc;echues, and security features within the system, Caseworker integration andreporting functionality. As a result ofadministering the system since July 2000, Orion is also very familiarwith the administration tools of the system and the improvements that are necessary to enhanc:e changeswithin the system and more rapidly debug problems as they occur.

2

Transmitta.l Letter62

10123/2000

Recent projects other than ns that include SQL. Active Server pages and NT solutions include the workthat Orion has been engaged in for the past seven (7) months in supporting eSports Partners, Inc, aneCo~erce provider for the sports industIy. During this project. Orion has engaged with MistraJ DesignGroup. (included within this RFP proposal as part of the Orion team) to create database driven Fan Clubsand eStores for finns such as the Dallas Cowboys. New York Giants, Arizona Cardinals and Indy 500.

The systems were based on Microsft NT Platforms using SQL, Access, Visual Basic, Active Server Pages,HTML. JAVA Script, Flash, Dreamweaver, Crystal Reports, Cold Fusion, Real Player, Sure Strea.m, andWindows Media tools to create a highly integrated solution. A team of seven developers was assigned tothe project with one project manager. As a team Orion and Mistral were responsible for: functional design,esthetic page layouts, animation, navigation, database architecture, system performance, databasepopulation, procedure definitions, suppon and enhancements. Five solutions were built within a sevenmonth period. The original design involved a modular approach to allow for rapid reproduction of thesolution in order to meet new client demands, reduce risk by reusing prior solutions and the ability to stillcustomize the solution as requiled.

Four of these sites can be accessed as follows:

o \nn\.dalhscowbo\"s.com click on Xtreme Aceea in the upper right hand cornero \\ww.giants.com click on FANatic Fau in a red box on the right band side of the screen

o \\\\\\'. glants.com click on STORE in the navigationo ww\\.azcardinals.com click on STORE in the navigation

The success of these stores demonstrates:

o Orion and Misttal'sjoint veoIlD'e sua:ess.o Our ability to work witbiD exneudy sbort time tiames and rauaiD higbIy saaassful.o Our ability to multi..faSk and wodc in para1ld in Older to produce mpid resultsand acx:oninM date last

IDiJIurc cbanges as well as weeIdy site updata.

o Our technical depth for cfatahase design, iDlegmtioo and web piC....alioa.o Our ability to build modaIar sysrrms that aDow tbr mpid n>deploymeat aIJoMDg for CIJSI"mjzarion

witbout exteDsM axle deYdopment

For 00Dfirmati0Il ofthis icfeaeax:e pIeaIe axIIaCt Micbacl G. DeIItoD, IleDoIlet ABri..8l214-368-1765.

Network M......... Project - GoftnuBeat: Responsible for the mauagement and technical leadsupporting EdNetlO, a~Ye seMce oetwork supporting 0YeI' 100 scbooI distticts within Dallas.The project lead and teehDical lead roles require integration of multiple systems within Region 10 andwithin each scbool cIisIrict to WOIk cohesively in acx:essjD& creatin& eutI:I'iD& data iDto applications for theadminisUative operation of tile~ student JeCOrds and teaeber JeCOrds for the City of Dallas. HelpDesk suppod.. sena'suppoIt, appIk:arioD support, DNS mana....... Network and FiJewaI1 Tier 1support,special projecIs coordiDatioD and eod.-to-eDd trouble resolution management Orion is contracted toprovide tIIese ..nc. for a thJee (3) year period.

3

Transmittal Lener 63lOn312000

SuntlfUll'i:,e the implementation com, per diem rales, and equipment needs/or your proposed program

The summaries of Dallas County costs are as follows:

Project Management and ProcessEngineering

$239,330

Project Transition/Orientation SO

; Operational Support of JIS S37,209

Additional Agency Additions to JIS S198,772

, DA Data Entry System S37,400

EFS Integration ! S24,500r-;Sc--"-oo-I-N-o-tifi-.-ca-ti-·o-n---------I S13,600

r----------------j Petition Tracking I SI6,700-Arrest---R-e-po-rt----------- i S80,900

r--:----:::--------Municipal Court Di~ition Translator i S24,500......---------:;...-------Total Senices i $672,986

HtII'tIwtlre C06I1I:

! Test Server I $6,500r-;nev--elop-ment--Se-rv-er--------j $6,500

I Oae-tilDe IDstaIIatioD Fee r-I$~600~--------r-i------T-otaI--B.....ara-lIw--are-Rel-ateet--j $13,600

i EstiJDated Costs for EI'S Software Pureb.. ! $150,000i Jet Forms Software ! $12,000r-:B-ostiD-·-g-Se--rvteeI-·----------1 $1,695/ monthI One TIme BOIdal_ up fee r-IS~9~9~5--------

I 1.!33 MhpI Clradt I $11,940 / yearr--\DeU--~-S8-Sel-"-er--------1$ 6030

I NlC Card 1~$~I00~-------

lr-Bo-~-der--M--,-••-..------------I $1,995

! In..."... Fees 1r-$4000~~--------

r-----------~T-otaI~c:-OItI-1$24,065

4

64Transm.itta1 Lener

Orion Recommended Pricing AUocation TotQ/s

10/23/2000

Professional Services

Hardware Related

Hosting Solution

EFS Software Solution

TotalAvailable to allocate to long-term hosting

. and ASP Solution or project variance.

S672.986

S13.600

S11.865 (1 months)S150.000·

848,451

! $151.549

A statemeIIt tIIat yoll1' organi:lltion /aIlS tilefisctll ctIpGCity to provideproject llUllUlgenumt servicesfor tileDallIu Co,,1fty JAlBG CollIIboriltUJ&

Orion Communications was formed June 1998 and is headquartered in Dallas, Texas. Orion's annualincome for 1998: $115,000, 1999: $255,000, 2000-t0-date: $585,625. Orion bas seven eJi:~ployees andhas e..~ged two contract for hire personnel. Orion is a cenified re-seller ofenterprise products andservices including: Candle Corporation, Micromuse ( a Network Manapment Software platform),Wzydom Solutions, and various service offerings including: Lotus Notes, Data and Voice NetworkEngineering, Security, Web Development, and Application Development.

Orion Communications will provide and meet upon contract award proof that criminal backgroundc~have been conducted on all staff, representatives, subcontractors, and volUDtecrs as well as meetinginsurance requirements as defined in the RFP.

Li.fto/AU~

Project Subcontractors include:o Diana Decicco - Free Lanceo John Fite - Free Lanceo Tom Overlin - Headway Technologieso Micahel Owens - Mistral:Design Groupo Greg Price - Mistral Design Groupo Sean Branch - Mistral Design Groupo Karl Fought - Mistral Design Groupo Jeff Daniels - Mistral Design Group

COIIIM:t 1,,/tIt1IIIIIIItMLeslie DeLatte Direct Line - 214 878 ISOl Main Number- 2143249433 Fax Number- 214-324 1049

~,#~Leslie DeLattePresidaIl

s

DALLAS COUNTY COMIIA" 65/fJ Vendor Statistial Report-<'1r.J~ ~ .~ /Y ,..,~. <. , t...-A-17o~ .r,.vc:...

~ ..,;/ . ~ ._--."-"-1 AOORESS;-'. - ~ Penn.nent Full-Time lmpjoy1nent -//"/2 5'1I-r~K- A·t, <;,'V ,·r 7!~~ /-; 7)~/o..('\- .J'~ .~

(11OC put ~1aIONl)TeLEPHONE;

.. rE 0' 'C"''''WHITE BLACK HISPANIC NATIVE ASIAN ASIAN OTHER

M~I ,: AMERICAN PACIFtC INDIAN

Ol'ficlalsIMan·9....

P'ofnsoonalS e-~ /.

Teel'lnlClana I

saleS Woncera

~

Claft Won.a (Skilled)

~ (SemI Skilled)

I.abents(Un~

SERVICEWORKERS

TOTAL

'OllIlA&.QN."...IOa T1IIMlIII:

VMTICCUM

~

FEMALE WHIQ I&.ACK HISPANIC NA~ ,.: .= OTHIJIt

ficlaIaI Ma....- IP.ohula.... ~.

Tectlftll:I8M I·$alee Won.a

~ ICraft W.... (SIdled)

~....~ . -

lMlnIS~

SeMcaW.... ~

TOTAL.

'OlIIIW.QN."""'~

WllftCOUM -tIlIICCIlC'nCII

TOTAL q ICHICK ~ fI1tmCd"OII.' ......

~"J_~~ /d)J~OONe: NCTIIIICA

...... .• := T."..- - TIll.:

WFDB • ~ 6/ y1iJ'..>o J LES' Ilf" ])~t.lf-rr~

II Non-MIIatly Owned fI1rnIfl(£S'D~N ,.

sar1

66

COVER LETTER

John Cantwell, Purchasing AgentDallas County Purchasing Department509 Main, Records Building, 6th Floor, Room 623Dallas, Texas 75202

Mr. Cantwell:

6660-0 Delmonico . Suite 260Colorado Springs . CO . 80919

719.380.9026fax. 719 .380.9125

www.dsc-corp.com

This Letter of Transmittal is respectfully submitted as a statement of intent by Design SoftConsulting Corporation to submit this proposal in response to RFP No. 2001-009-686, foroperation and enhancement of the gallas County Juvenile Information System. Theproposal includes a detailed work plan to accomplish the tasks that were specified in theRequest For Proposal.

Design Soft Consulting Corporation is a woman owned, Texas corporation founded over10 years ago to produce software and services, and is certified through the North CentralTexas Regional Certification Ager'Ic:f (NCTRCA) as a Woman-Owned Business Enterprise(WBE). Currently, Design Soft employs 22 full-time consultants in Texas and Coloradowith extensive expertise in creating complex software systems. Design Soft specializesin the implementation, stabilization, and operation/production of these systems including,but not limited to experience with, 1) project based deliverables, 2) hourly staffaugmentation, 3) project management and 4) technical documentation, for both the publicand private business sectors.

Design Soft provided services for the Dallas County Juvenile Information System duringPhase I project implementation as a subcontracting agency. As you are aware, Phase I ofthe JIS was awarded to two separate Contractors - Orion for project management, andproject implementation was awarded to Convergent Communications. Convergent thensubcontracted with Red Oak, Inc. to provide the necessary technical services, who thenindependently contracted with Design Soft. Our agency was responsible for the entireimplementation of Phase I including architecture, design and coding of the entire system,except for the modific;ations made to the CaseWorker application. Currently, Design Softemploys every member of the original implementation team, either on a full-time, part-time,or contractual basis.

3

67

Design SoftCover Letter, 2 of 5

Design Soft has recruited one additional individual to join the technical resources team,and has formed a strategic alliance with another company to ensure that the JIS willcontinue to operate effectively during the transition period and for the duration of thecontract term.

.. For the purposes of this project Design Soft has formed a strategic alliance withNetwork Data Services, Inc. (NOS). We plan on utilizing NOS to perform thefollowing functions critical to the project success:

1) Overall Project Management - Gary DelVecchio, General Manager for NOS hasagreed to take on the role of Project Manager. Gary has a 3.5-year relationshipwith Dallas County. tie already has a working relationship with many of the playersinvolved. During that time he has successfully managed many large projects, someof which were specific to the Juvenile Department.

2) SCT Liaison - NOS has always worked through SCT on County projects. As aresult that relationship will not need to be developed. NOS has proven this, as theywere able to qUickly fix the Phase I connectivity problem between Colorado andDallas with the IntemetIPCAnywhere solution which required interaction with SCT.

3) Communication,~ise - Phase II will call for some type of communicationsnetwork for collection of data (FTP), remote access, OA entry, etc. Also, some ofthe remote sites may need independent consulting on their connectivity issues.NOS has built most of the communications infrastructure within the County and isvery strong in communications solutions. We plan to use their expertise to providethe "connectivity" solutions as they arise.

Richard Watson, the current Orion employee responsible for system administrationand operations, has been hired to continue in his current position, if Design Soft isawarded the JIS contract.

Thus, the previous involvement with Phase I implementation and operations by our staffwill minimize the need for a lengthy transition period by the current provider, and will alsoensure continued operation with no interruption of the system's performance.

4

68


As of the deadline date for submitting the proposal, Design Soft has identified eleven ofthe thirteen team members that will be assigned to this project. Nine of the team memberswill be employed directly by Design Soft, and four team members will provide services ona sub-contractual basis as follows: Network Data Services, Inc (Gary DelVecchio), E.Craig Consultants (Emily Craig), and Brandt Technical Services, Inc. (Jack Brandt andJason Neve).

The Cobol Programmer and the Crystal Reports Specialist positions have not been filled.These individuals will be hired by Design Soft, and we are already interviewing for thesepositions. We will hire these individuals on a fllil-time, part-time or contractual basts,which will be detennined by our ability to identtfy ina.~iduals who would best fit the needsof this project, in regard to skill and knowledge of the scope of work that will be provided.

UtiliZing our knowledge of the- e-xisting implementation, Design Soft has identifiedprocesses that will improve data collection, and have developed strategies to simplifyprocedures and formats that are used when addressing the needs of the additionalagencies/municipalities involved.. Our goal wilJ be to develop "Service Level Agreements·that outlines the scope of services available with each of the partner agencies, as well asformaliZing the procedures for accessing the Help Desk, in order to improve the overallunderstanding by those who will be required to access those services.

Design Soft has proposed services that includes continuous oversight of the projectwithout significant administrative cost to Dallas County. Much of the work that has beenrequested by Dallas County for Phase II will require "hands on- implementation byexperienced technical resources, without the need for daily administrative involvement.Our team of professionals will be able to perform the required tests independently,reporting on progress at specific benchmarks and/or upon completion of the projectcomponent. We have summarized the costs for each of the project components, andincluded a cost breakdown of the administrative and technical resources that areproposed. We calculated man hours utilizing the seven month contrad period andestimates regarding time lines for completion as the basis for total hours assigned to theproject, including time needed to address unknown variables. Much of the scope of workthat will be required can not be outlined until more detail about each component isdetennined. Thus, there will be a need to include flexibility in the contrad to allow hoursto be re-assigned v.ilen project components will require more or less hours than proposed.The total funding available for this project is $1,090,257. Our estimated cost is$1,045,152., which results in $45,105 that will be available for undefined aspects of thisproject, as outlined in the following "Estimated Cost Allocation Schedule- table.

5

69


ESTIMATED COST ALLOCATION SCHEDULE

Project Administrative Technical Resource TotalComponent Costs Team Cost

Project Management $66,708. $178,440. $245,148.

Transition $60,606. -C- $60,606.

Operations $50,521-. $155,532. $206,053.

Adding 35 Acf(~tional $65,411. $286,756. $352,167.Partner Agencies

Enhancements $39,738. $141,440. $181,178.

TOTAL $282,984. $762,168. $1,045,152.

Dallas County Funds $1,090,257.

Balance ($45,105)

Design Soft Consulting Corporation has the fiscal capability and capacity, without lenderassistance, to provide effici,nt and cost effective delivery of the services that will berequired to operate and enhance the Dallas County Juvenile Information System. Theproposal includes a plan for determining the specific services that will be provided, andthe man hours that have been assigned to ensure that all expectations have been met bythe deadline of June 30, 2001.

Although our initial involvement in the JIS project was initiated through sub-contractualagreements for implementation only, Design Soft can provide Dallas County the necessaryproject management and technical resources necessary to achieve the desired objectivesoutlined in Phase II. We have developed an experienced technical resources team whooffer expertise in project management, integrating data from partner agencies, andimplementing the desired enhancements to the current system. We have assignedsufficient staff to this project to ensure that multiple components can be completed by theJune 30, 2001.

Our knowtedge of and involvement in Phase I of the JIS will also allow our team to addressany unforseen barriers that may be encountered, and provide timely solutions to resolvethese issues.

6

70


We look forward to the opportunity to work directly with Dallas County for expansion of theDallas County Juvenile Information System. All questions concerning information providedwithin this proposal should be directed to Ranger Due, who will serve as the ContractAdministrator on behalf of Design Soft Consulting Corporation. He can be reached mostefficiently by utilizing his cellular phone number (719) 210-5742 and/or [email protected] for questions regarding this proposal.

Linda Hale, Executive DirectorDesign Soft Consulting Corporation

7

'''Ii DALLAS COUNTY CCMPNIY to 71 '" Soft Consulting Corporation/'B'!t> . ~ Vendor StMistic.a1 ReportADORESS: ,Imonico, Suite 260pnmeI_~>I""'al"""". '-

\ 40\.' ., COloradO Springs, Co. 80919\ ' ~ Pe...anetlt Filii-TI.e E_pIGyweat\~- OF (notprat~~

TELEPHONE: (719) 380 ·9028

MALE WHIT! BLACK HISPANIC HATM! ASIAN ASIAN OTHER&&&_-,- DAt"'tllht'" IUNAU

OfflelalslMenagers 1

PTotesMlnalS 3 1

Tecnn!Cians

Sales Wotkera

~

Craft 'Wol'1terS (Skilled)

~(5emi

SkIlled)

LaboAlr'l (Unskilled)

seRVlCE WORKERS

TOTAL

FQIUW.

a..'\1oII..lOITIWNUS:

VlHTI COUAII

~

FEMALE MIl,.. aACK HISPANIC NA"va ..: = OTH.

""fflc:ilIllI MlIn8geI's 1

.A~ 1

TecftnicilIns

Sa-.wen-s

~ 1

CArt WOrtun (Skilled)

~s.m SkiDed)

Labcnra(U~

SeMce Wt:IfMra

TOTAL

FOIUML ON....l'IWNIIt

VlHTI COUAII

~

TOTAL

CHICK ~ fIIrnI c.« ,II ...'"

=2000/~ I;U_ONII: NCT'RCA

~I'"II'In ...'" Typea NlIIM'" T-.:

NCT'RCAWFWV1874N1001 Unda Hale

executive DirectorHoI.........,Owned fIIrnI

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5 Of' 7

72DALLAS COUNTYFacilities Management

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00NO't'-8 AH1Q:45

November 3, 2000

MEMORANDUM

TO:

THROUGH:

FROM:

SUBJECT:

Bacground

Commissioners Court

DanSaVagSyAssistant Administrator for Operations

Jim Barrett, Assistant Directorf')Facilities Management

Renewal of Dallas County Juvenile Satellite Office1111 Belt Line, Suite 200Garland, Texas

Dallas County entered into a five year Lease Agreement for 3,349 square feet of space by CourtOrder No. 96-036, dated January 2, 1996 for the Dallas County Juvenile Department. This leasewill expire February 2, 2001 with Leis O'Hana Family Partnership, Ltd. The JuvenileDepartment states that the existing space is still suitable for their needs with some minorrenovations. The Dallas County Juvenile Department is requesting that Dallas County exercisetheir option to renew the lease for another five years.

Facilities Management has received a proposal from the property management company whichrepresents the owner, to renew the existing space with the owner performing the minorrenovations to the leased premises as follows:

The base rent will be:Year One, starting March 1,2001 - $12.50 per sq. ft.Year Two, starting March 1,2002 - $13.01 per sq. ft.Year Three, starting March 1,2003 - $13.50 per sq. ft.Year Four, starting March 1,2004 - $14.00 per sq. ft.Year Five, starting March 1,2005 - $14.50 per sq. ft.

This proposal was presented to the Space Committee on October 30, 2000.

600 Commerce, 9th FloorGeorge L. Allen Sr., Courts Building Dallas, Texas 75202

(214) 653-7175Fax (214) 653-6822

73Commissioners CourtBriefing - November 3, 2000Page Two

Impact On Operation

The Juvenile Department has been at this location since 1996. The renovations that they arerequesting are as follows:

A. Construct a sliding window and wall to enclose the entry area. Includedoor bells and/or other entry notification devices. (Separating clientsfrom staff.);

B. Paint interior of leased premise; andC. Replace the existing carpet and shampoo once

per year on it's anniversary, throughout the term of t~e lease.

The total cost for these renovations is estimated to not exceed $10,047.00.

The renewal Amendment has been reviewed by the District Attorney's Office, Civil Section.The owner is now in the process of reviewing the extenstion. Any changes, additions/deletionswill be incorporated into the final document.

Financial Impact

Dallas County is currently paying $3,209.46 per month or $11.50 per square foot for 3,349square feet of space. The owner is proposing to raise the base rent to $3,488.54 or $12.50 persquare foot for the first year. All utilities, maintenance and janitorial services are included in thebase rent. The owner has agreed to provide $10,047.00 or $3.00 per square foot toward tenantimprovements. Any overage above the tenant allowance will be paid by Tenant. There is arental adjustment of $ .50 a square foot for each consecutive year. The rental rate for year two $3,628.08 or $13.00 per square foot, for year three - $3,767.63 or $13.50 per square foot, for yearfour - $3,907.17 or $14.00 per square foot, for year five - $4,046.71 or $14.50 per square foot.The average rental rate for the five year lease is $13.50 for a full service lease with a tenantallowance of $10,047.00 or 53.00 per square foot. Dallas County is responsible for any costincrease in the taxes, insurance, maintenance and common area expenses over the base year,2001 with a 10% percent cap.

Facilities Management's Senior Property Manager perfonned a market analysis of the area. Theasking rental rates for a full service lease with minimal tenant finish out ranges from $14.00 persquare foot to $20.00 per square foot.

Additional funding to offset the new rental rate for February, 2001 through September 30, 2001will have to be identified by the Budget Office.

74Commissioners CourtBriefing - November 3, 2000Page Three

Recommendation

The Assistant Director of Facilities Management and the Space Committee recommends that theDallas County Commissioners Court enter into a full service five year renewal lease with LeisO'Hana Hui Family Partnership, Ltd., for 3,349 square feet of office space at 1111 Beltline Drivewith the monthly rental rate of $3,488.54 or $12.50 per square foot for the first year, year two $3,628.08 or $13.00 per square foot, year three - $3,767.63 or $13.50 per square foot, year four$3,907.17 or $14.00 per square foot and year five - $4,046.71 or $14.50 per square foot. DallasCounty will be responsible for any cost increase in the taxes, insurance, maintenance andcommon area expenses over the base year 2001.

Recommended by:

xc: Ed Baily, Space PlannerMike Griffiths, Director, JuvenileRandy Wadley, Assistant Director, JuvenileCarol Braden, Manager, Juvenile

attachments

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75DALLAS COUNTYFacilities Management

August 2411 2000

Ms. Sally:MartinAssistant Property Manager9696 Skillman Street, Suite 260, LB-20Dallas, Texas 75243

Re: Dallas County Juvenile Lease1111 Beltline, Suite 2000Garland, Texas

Dear Ms. :Martin:

Dallas County's l~ with Leis Q'Hana Hui Family Partnershipll Ltd., for 3,349 square i~et of office space at 1111Beltline, Garland, Texas for a satellite office for the Dallas County Juvenile Department, will expire Februmy ~ 200L

Facilities Management has received a letter from the Dallas County Juvenile Department requesting that their lease Ceextended for an additional five year term under the same general terms, with some modifications of the existing lease.The Juvenile Department requests the following modifications:

A Structural - add a sliding window and wall to enclose the entry area. Include door bells and/oro~entIy modification devices. (Floor plan enclosed); .

B. Paint interior of leased premise; andC. Replace the caxpet with Lee's Faculty IV KD 166grade and shampoo once per year on itts anniversar:~

throughout the term of the lease.

I would like to brief your proposal to the Dallas COWlty Space Committee by September 18, 2000 and present it to 6:Dallas County Commissioners Court by October 3, 2001.

On another related matter, there are some wet ceiling tiles that need to be replaced.

Should you have any questions concerning the above matters, please contact me at (214) 653-6408.

Sincerely,

~Aunk 'ttf.kL ~ - .SaundraK. Johnson. p"-rvr~Senior Property Manager

SK1/a1hlJB~

enclosure

xc: Dan Savage, Assistant Administrator for OperationsMike Griffiths, Juvenile DirectorRandy Wadley, Assistant Director JuvenileCarole Braden, Manager Probation ServiceRichard Mattison. Supervisor

600 Commerce, 9th Floor 3George L. Allen Sr., Courts Building Dallas, Texas 75202

(214) 653-7175_Fax (214) 653-6822

76

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REAL ESTATK CO:\U1ERCIAL DROKERAGK·' ,

ilEAL ESTATE LEASIXeJ

. '

September 22,2000

Linda Hunt Totnlinson2200 N. LamarSuite 101Dallas, TX 7:>202

To: Ms. SaundraK. Johnson .Dallas County Facilities Management '.Senior Property Manager600 Commerce, 9* FloorGeorge L. Allen Sr.; Courts Building,Dallas, TX 75202 '

00 SEP 25 PM 12= 24 "REAL ESTATE PROP.:RTY, MASAO.::Ui.:.:o.-r

, ' . , ,ilEAL ESTA:rE DI!.'V.a.OP)tp.~-r '

Re: Renewal ofDallas CountY Juvenile Lease at 1i 11 Beltline Rd. Suite 200 Garland, ,TX

, ,

Tomlinson-Leis Corporation is interested'mrenewjDg your lease on Ste. 200, which isapproximately 3349rs£ in the Bank One Building. All terms and co.nditionS contained inthe final lease amendment must be approved by the owner of the BaDIe One Buildingbefore execution.

, Proposal1

Tenant: Dallas County JuveDile'Lease. '.' ...

Rent: The Base rei1t Will be: ; , , ' 'Year One; starting MarCh 1,2001.,$12.50'pel rs£ 'Year TWO, startiDa'Mai'cb. i,2~-$t'3.00,Per~ ,Year niree,'startiDg March: 1, '2003- SI3.~O ,per~Year Four, startiDgMarch 1, ,2004- $14.00 Per rS£Year Five, StartiDg,Ma:tc41, 2005· $14~50per rst:: ~ , ,,'

TeD~~t Finish; AttaclJecl is ~pr9posalwith the DeW IOOdifi~DS9f~.~~ iesse;' .'notice, there are a coup~ 0J»ti:or:w',ontlie.carpOt. "" '." ' .. ' ' ,

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a200 N. LA)lAR '. SUITII 101,. DA.LLAS. T,X''7Saoa • (a14) aaO-004" • PAX (214)220-0028,

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RRAL 'ESTATK CO)I)I&RCIAL 'BROKRRAOK, 'BKAL ESTATKL&ASINO " ',"

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", 'R£AL,EST~~ PR'OPI!:RTYMASAOIC~n:XT, ',,' 'B~J\L. ES~ATB , DicV~J.OP.liF.XT

Tenant ADowaD:ce:' L8Ddlord 'will proyide 53.00 j>erRSF, for a ,totai ,of 510,047.QO"',towards.tenaDt,improvemen~~' Any overage above~ tenaDt allQwance ~'be paid by :'.Tenant.' " " " ,

, ,

,,"AU other terms and conditions wiD remain the same. '

. - . .' ,

,Thisproposal. is specifICally contin;ent"po" opprovtll by the Owner ofthe Bank OneBldg. Tomlinso,,-Uis Management is ac#ng Q,j agDaifor~eOwner bid is "ot,authorlud to bind the Owns.· ~ " ,, '. " .' ,.....". '. "

. '

I'mIoO~ forward to working with you.

Sincerely,

dunchH~~,'Linda Hunt TomlinsonCommercial Lease~er

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Sent By: HP LaserJet 3100; 2' 79 Sep-22·00 9:43AM; Page 2/2

11010 Audelil S.ne &-114Danas. TL 7S14J

Proposal Submitted To

ALLIANCE CONSTRUCTION CO.

CONTRACTPROPOSAL

Wort To Be Performed At

01T..:e 11.f-J43-3110Fax 114h343-3120

NAME Tornlnon-t.a.STREET 8550 SklimanaTY DallasSTATE Tx. 75243PHONE NO. 214-34...,21

LOCATION 1111 BeIliu Sulfa 200STR£ETQTYSTATE Ts.DATE 1114100 PROPOSAL NO. 20171

WE HEREBY PROPOSE TO FURNISH THE MATERIALS AND PERFORM THe LABOR NECESSARY FOR THe COIlPLETJOH OF:

OrywalllDoorlW1ndoW $1975.00

Build out as per ftoor plans approx. 28 LF. of wall. docJble sided. with one ready hm¥E and door. one slider winc:to.r with lock.

Electrical $495.00

Furnish and install one 2x2 light and relocate one 2»4 Ught. brUsh and instal 2 eledricaf 0UIJe1s.

TBTlPaint $750.00

Tape, bed. texture and paint new wal to match existing wala.

Carpet $lUI.1ODemo existing carpelFurnish and instaIl:!II direct glue down carpet (They have 3 other samples to choose from which~ ... price ($4.876.00 •$4.066.00.)Furnish and instal Rappe rubber base.

Exdusions

Overtime h0Ut5HvacRepair to exismg eledricalNo pull stringsPermits

PRICE $12.176.00 + Tu Price depends on which carpet choun.

AU. MATERIAL IS GUARANTEED 10 8&M8Pl!ClPleo. AND nt8 ABOVE WORK.TO 8. PIRPORMED IN ACCORDANCE W1TH THEDRAWINGS AND$J'ECIFICATIONS SUlllllrTEQFOItTHEABOVI WORJ(.. ANYAL~TIONORDlMAT1ON FROM THE MOVESPEClFlCA11ONSIJNOLVIHG IXtRACOSlSWlLL_EXICUTID O....V UPON WRI1TENORDIR.AND WILL BECOME AM EXTRA CHARGEOWR."" A8OYI1'HI!1NITIAL AllOUtCr OF tHIS COIITRACT. ALL AGP••11I CONTIIGENTlFON I1RJKIS. ACQDENlS. ORDELAYS THAT ARE.IIEYOteOUR COImtOL

AMOUNT OF THII COIrI"RACT:TEAMS FOR PAYMENT:

S 12,171.00 +Tax........upon completion

SU-.nED BY: Ii"MorrisPER:.-.... eo..tructIon eo.

".above ...... apeclftcatloM and condIIIon. 8N1IItiIfactoI, and.,. ......, Ieee.'" 'You..~ to do 1Mwen. apedft_~wUI."'.GUlllnedaboft.

DATE:SIGNATURe:

7

Oct. 26 00 10:50. DR Civil Sect

80

AMENDMENT NO. I

214-653-6134 p .. 2

This Amendment No. I (this "Amendment") is entered into as of 2000between Leis O'HanaHui Family Partnership, Ltd. ("Landlord") and Dallas County ("Ten~t"), f~rthe purpose ofamending the Lease Agreement between Landlord and Tenant, dated January 2) 1996(the "Lease," as amended). Unless otherwise specified herein, all capitalized terms used herein shallhave the meanings assigned to them in the Lease.

RECITALS

Tenant desires to extend the Term of the Lease for a period of sixty (60) months) andLandlord has agreed to such extension on the terms and conditions contained herein.

AGREEMENTS

For valuable consideration, whose receipt and sufficiency are acknowledged, Landlord andTenant agree as follows:

1. ExtensioQ ofTerm. The Term is hereby renewed and extended for a furtherterm of sixty (60) months to commence on February 3, 2001 and endingFebruary 2,2006 on all the same terms and conditions in the Lease, as amended herein.

2. Base Rent. The monthly Base Rent specified in paragraph 4 will be $3,488.54or $12.50 per square foot.

3. Tenant Imprpyements. Landlord agrees to perform the following tenantfinish out improvements:

A: Construct a sliding window and wall to enclose the entry area. Includedoor bells and/or other entry modification devices, (separating clientsfrom staft).

B: Paint interior ofleased premises andC: Replace the carpet space with Lee's Faculty IV KD 166 grade carpet and

shampoo once per year on it's anniverwy, throughout the term of the lease.

4. Rider· 2. As to Sectign 4: The Rental shall be as follows:

Commencing February 3, 2002 and continuing to February 2, 2003, thesum of$43, 136.36 per annum, payable monthly, in advance at the rate of$3,628.03 per month; plus

Commencing FebNary 3, 2003 and continuing to FeblU8l'Y 2, 2004, the sumofS4S,211.S6 perann~ payable monthly in advance at the rate ofS3,767.63per month; plus

Oct 26 00 10:50a DR Civil s. 81 214-653-6134 p.3

Commencing February 3, 2004 and continuing to February 2, 2005, thesum of $46,886.04 per annum, payable monthly in advance at the rate of $3,907.17per month; plus

Commencing February 3, 2005 and continuing to February 2, 2006, thesum of $48,560.52 per annum, payable monthly in advance at the rate of$4,046.71per month.

Rider - S. As to Section 12: Section 12 is supplemented through the addition of the followingprovision !tIn the event Landlord fails to comply with any of lts obligations to provide servicesor to undertake repairs and maintenance as required of Landlord under this Lease, and suchfailure directly affects person or property inside the demised premises, Tenant shall notifyLandlord, except that no notice shall be required in case ofemergency. For aperiod of 15 daysafter such written notice, unless Landlord is then diligently and in good faith working to curesuch matters, Tenant, at its option but without obligation, may perform such acts and pay su(,.amounts as are reasonably necessary to cure such failure; however, incase ofemergency, Tenantcan elect to immediately commence such cure. If such amoWlts are not so paid by Landlordwithin 30 days following Tenant's written request for the same, then Tenant shall have the rightto offset such sums as reasonably expended by Lessee as referenced in such invoice against Rentdue hereunder."

Rider - 8. As to Section 21: The sentence "The Tenant is self-insw-ed under the Texas TortAetand will be solely liable under those terms and conditions," is added to the end ofthe paragraph.

Rider - 15. As to Section 36: Notwithstanding anything to the contrary herein, Landlord agreesthat a temporary delay in making said payments due to the Tenant's accounting anddisbursement procedures shall not place the Tenant in default ofthis Lease and shall not renderthe Tenant liable for interest or penalties, provided such delay shall not exceed thirty (30) daysafter its due date. Any payment not made within thirty (30) days of its due date shall bearinterest according with Chapter 2251, Texas government Code, as amended.

Rider - 16. Dallas County is a corporate and political body and subdivision ofthe State ofTexas.This Lease is executed pursuant to an Order of the Dallas County Commissioners Court No. _____a passed on the day of . 2000.

Rider - 17. This Amendment and Lease shall be governed by Texas Law and venue shall beexclusive in Dallas County.

5. Exhibit "F" Fisclt Funding: The following paragraph shall be in place of the existing language:Nothwitbstanding anything to the contrary herein, this Lease is expressly contingent upon theavailability offunding for each item and obligation containedherein for the Termofthis Lease,and any extension hereto. Lessor shall have no right of action against the County of Dallas asLessee in the event that the County is unable to fulftll its obligations under this Lease as a resultofthe lack ofsufficient funding for any item or obligation from any source utilized to fund this

Oet 26 00 10:50a DR Civil S.82

214-653-6134 p.4

Lease or failure to budget or authorize funding for this Lease dming the current or future fiscalyears. In the event ofinsufficient funding, or iffunds become unavailable, the Lessee, at its solediscretion, shall provide funds from a separate source or tcnnillate this Lease.

In the event funds are not appropriated by the Commissioners Court of Dallas County, theTenant shall be liable to the Landlord for all rents and other 5.rustomary charges prescribed in thisLease to the effective date of cancellation plus any unarnol,zed finish-out costs.

6. Ratifications. Tenant hereby ratifies and confirms its obligations under the Lease.

7. Binding Effect. Except as modified herein, the Lease and this Amendment I. shall remain in fulleffect and be binding upon Landlord and Tenant and their respective successors and assigns.

Executed as of the date first written above.

Landlord

Leis 0'Hana Family Partnenhip, Ltd.

By: _

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

Tenant

Dallas County Juvenile Department

By: _

Name: Lee F.lacksonTitle: County Judae

83'I

-- I ,

_,:.~ .c:.:;:;~ \

00 NO'J -8 Pl1 3: 52

TO:

FROM:

SUBJECT:

Commissioners Court

Space Utilization Committee -----:~.ii;=:...Ed Bailey, Facility/Space Planne.........

Request to Re-Assign Old IV-D Courtrooms to Civil Court Mastersand Temporary Use of Space for JP 8-1 Fourth Floor George Allen Courts Building

Background of IssueThe Local Administrative Judge ( Judge Godbey ) and the Civil District Court Masters haverequeste~ that the old IV-0 Courts and several support offices located on the fourth floor of theGeorge Allen Courts Building be re-assigned for their use. These courts are now vacant as a ~esultof relocating the entire IV-D Courts operations to the seventh floor of the building.

As part ofthis briefing, the Space Utilization Committee wishes to inform the Commissioners Courtofa plan to utilization space on the same floor for use by Justice of the Peace 8-1 (Judge Rose) ona temporary basis while foundation modifications are made at 414 RL Thornton Facility. Theintended use will be for a period of approximately six to eight months beginning ~ January 2001.

The purpose ofthis correspondence is to present these issues to the Commissioners Court for reviewto include the Space Utilization Committees recommendations.

Impact On OperationslFinancialThe Civil District"Court Masters which prepares cases for the 13 Civil Court Judges are currentlyconducting hearings in the small Mini-Hearing Rooms located on the sixth floor of the George AllenCourts Building. The Judges have indicated that the use of the larger courtrooms will provide alarger and more efficient work area and better security. In addition, these courts will be easier tofind by both the public and attorney's due to better visibility of their location.

Specifically, the Local Administrative District Judge is requesting the reassignment of the two (2)vacant Courtrooms, Judges Chambers and two (2) support offices (rooms 4107 & 4110). JudgeRose, on a temponuy basis wiD utilize the VISiting Judges Courtroom, Judges Chambers and supportoffices. Please see floor plans for specific room assignment details.

There are no renovations8ssociated with this request the Civil Courts space reassigninent other thanroutine telephone costs estimated at $168. A briefing regarding funding for Judge Roses temporaryuse of space in the George Allen Courts building will be presented once all details are resolved(telephones, computers, furniture moves etc.).

600 Commerce, 9th FloorGeorge L. Allen Sr., Courts BuUdiq Dallas, Texas 75202

(214) 653-7175Fax (214) 653-6822

84

RecommendationThe Space Utilization Committee recommends approval of this request as presented.

Attached please find floor plan and correspondence.

Approved By:

~., ~ '7,-,,'-<..."''-- ....... \.-'- ...

Dan Savage, Assistant

EB/JB

inistrator for Operations

xc: Judge David Godbey, Local Administrative District JudgeJudge Charles Rose, Judge Justice of the Peace 8-1Bill Hamlin, District ClerkRon Mackay, District Court AdministratorAngie Morton, Chief Deputy District Clerk

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FOURTH FLOOR PLANSQALE 1132-,,1-0·

JU5~ice of the Peace 8-1 Temp Use &

. PROPOSED Reassignment Civil Court Masters . ~_~~

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DALLAS COUNTY

PURCHASING DEPARTMENT

November 14, 2000

86_i.; - y

~- -: ;~; 21~:\ r

00 NOV -8 PH 12: 31

TO:

FROM:

SUBJECT:

The Honorable Commissioners Court

Linda Boles, Purchasing Analyst

Records Management System, RFP #2000-245-662

Background/IssueBy authorization of the Commissioners Court and Texas Local Government Code 262.030,high technology request for proposals were received by the Purchasing Department forRecords Management System from the following two companies:

Triadd SoftwareTower Software Corporation

The proposals were evaluated and scored by Central Services and the MIS Director. TheMlWbe information was evaluated by the MlWbe Coordinator. The proposals wereevaluated based on information contained in the proposal using the following criteria:

Criteria PointsI. Total Cost of System 30II. System Makeup 30III. Time Line 10IV. References 5V. Demonstration of System 5VI. Quality of Proposal 5IV MlWbe Participation/Representation 15

The evaluation committee scored Triadd Software's proposal to be the most reasonablysusceptible firm to be selected for award for the Request for Proposal for the RecordsManagement System. The consolidated scores are as follows:

Company Overall Score:Triadd Software: 69.00Tower Software Corporation 59.98

M/WIE Int'ormJtIonTriad Software receNid three points for submission and completion of their EE01 form.TowerSoftware Corp. failed to submit MlWbedocumentation. Therefore, Tower's proposaldoes not comply with the County's good faith effort policy resulting in zero points allottedin this category.

613 Records Bldg., 6th Floor -·Dallas, Texas 75202 (214) 653·7431

87

Pursuant to County IS procedures for the selection of high technology items (Rule #12),it is recommended that the Commissioners Court authorize staff to enter into negotiationswith Triadd Software to develop a proposed Contract for a Records Management Systemfor future submission to the Court for formal award consideration.

Should the Commissioners Court concur with the aforementioned recommendation, staffwill proceed to enter into negotiations with Triadd Software based on this briefing.

Recommended for Approval by:

c: Chris Thomp&.. Director of Communications & Central ServicesJohn Hennessey, MIS DirectorMargaret Anderson, Records Mgt. OfficerIrvin Hicks, Mf\Nbe Officer

88

DALLAS COUNTYCOMMISSIONERS COURTMinority Business Office

MEMORANDUM

-. -'.

00 OCT 17 hi 2: 02

DATE:

TO:

FROM:

SUBJECT:

Linda,

October 17,2000

Linda Boles,Purchasing Analyst

Irvin Hic4J 1fJJ.Director· Minority Affairs

MlWBE Review of BidlRFP# 2000-245-662 (Records Management System)

Listed below is an analysis of the subject bidJRFP:

Trladd Software CorporationThis firm will perform the required duties utilizing internal sta1f.

Points 0 Certified (NCTRCA) minority prime contractor3 EEO policy complianceo Utilization of (other) certified minority vendors

3

Tower SoftwareThis firm will perform the required duties utilizing internal sta1f.

Points 0 Certified (NCTRCA) minority prime contractoro EEO policy complianceo Utilization of (other) certified minority vendors

c: ComminiDMn COIUI (t/tnI J. Au.. CkmIOII)flh(2(J(J()..24S)

89

DALLAS COUNTYCOMMISSIONERS COURTMinority Business Office

DATE:

TO:

FROM:

SUBJECT:

MEMORANDUM

October 17, 2000

1. Allen Clemson,

Court AdminiJ'alor . L:

Irvin Hicks, ,.tti ~/Director - Minority Affairs

M/WBE Review ofRFP# 2000-245-662 - Records Management System(Management Summary)

The following is a synopsis ofthe subject narrative:

Firm NameTriadd Software Corporation

Tower Software

Submission ofEEQI Dog(?)

y

N*

*firm failed to submit MlWBE documentation. Therefore, proposal does not comply with theCounty's GFE po/icy.

Please feel free to contact me should you have questions/concerns regarding this matter.

c: ContmislioMn Court fib,." J. A/kn Clmuon)LindIIBo_

ftl8(2000-24S)

509 Main Street Suite 613 Dallas, Texas 75202

SCORE SHEEr

RFP *; 2000·24$-662

OPENING DATe; HU2100

ReCORDS MGT: SYSTl:M

90PROPOSER #1

Tower Software Corp.PROPOSER #2Triad Software

Total

IScoring Criteria Maximum Points

Cost of System 30

CommuncaUons Director 23 25Comm Court (MIS) 20 25Records Mqt Officer 23 25Records AnalYst 25 25

subtotal/4 22.75 25

System MakeuD 30

CommUl1lcatlons Director 26 28Comm Court IMIS) 15 20Records Mat. Officer 22 28

Records Analvst 25 25

subtotaU4 22 25.25

Time l.lne 10

COI11'TU'licallons Director 9 7

Comm. COI.rt (MIS) 5 8

Records Mgt Otncer 5 5

Records AAaIvst 7.5 5

subtotaU4 6.83 6.25

References 5

COI11'TU'licallons Director 4 3

Comm. COI.rt (MIS) 4 3

Records Mat. Otncer 5 3

Records AnalYSt 4 5

subtotaU4 4.25 3.50

Demonstration of system 5

COI11'TU'licallons Director

Comm. Cout (MIS)

Records Mat. Otnc.. 3 4

Records AAaIvst

subt0taU4 0.75 1.00

QualItY ot ProDOsal 5

COlTITU"iCalons 0Ireaar 3.00 5.00

Comm. COI.rt(MlSl 3.00 5.00

Records MGt. omcer 4.00 5.00

Records AAaIvst 4.00 5.00

subt0taU4 3.50 5.00

MlWbe Participation 15 flIiIedloll.ilmllee01~

·category scored by County MlWBE OffIcer Ohly

Cer1!fted MIMle ftmI e 0 0

MIMle II"NOtternenI IS stb-C0I\SUIaI1IS. S\b-conhC1Dr e 0 0

orSl.lllll..

eeop 3 0 3

TOTAl. POINTS 100 59.88 69.00

91

DALLAS COUNTY

PURCHASING DEPARTMENT

November 14, 2000

',':i ~ :'.- ~ ;~;~~.,:f\T

CJ ~<: II - 8 PH 12: 3 I

TO:

FROM:

SUBJECT:

The Honorable Commissioners Court

Linda Boles, Purchasing Analyst

Annual Contract for Landscape Maintenance, Bid #2001-018-697

Background/IssueOn October 30, 2000, by authorization of the Commissioners Court solicitations were opened for theaforementioned contract. The Purchasing Department received eleven (11) responsive prcposals to thesolicitation request. The contract provides landscape maintenance services to ten various areas whIch consistof multiple county facilities. Bidders had the option of bidding on a single or multiple areas as long as theybid on all the facilities within the designated area. To assist staff in effectively analyzing each bidder'sproposal, the bid specifications state that all proposers are to submit (with their bid oacket) a list ofadequatereferences and a list of equipment that will be utilized for the contract.

Upon analysis ofthe proposals received, the Purchasing and Facilities Management Departments recommendaward of Areas 1,4, 5, 6, 7, and 10 to the lowest bidders. However, upon further analysis of Areas 2, 3, 8,and 9, the Purchasing Department recommends award ofthese areas to the lowest and best bidders as follows~

Area 2: (Administration Bldl.• Kays Jail. 4945/4711 Harry Hines)To ensure that bidder's had ample and operational equipment to perform the outlined work, the bidspecifications require each bidder to submit with their bid packet a list ofequipment that would be used (pg.5, [10]). TruGreen Landcare (lowest priced proposer) at an estimated annual cost of $9,967.00 failed tosubmit an equipment list. Consequently, the company's proposal could not effectively be evaluated and therebyis rendered non-eompliant with contract requirements. Special Care Lawn Service (second lowest pricedbidder) did not bid on all the facilities (Administration Bldg.) within the area nor did they submit a list ofreferences and an equipment list. Therefore Special Care Lawn Service was rended non-eompliant with bidspecifications. Eagle Irrigation Services (lowest and best bidder) did submit the required equipment list andreferences to effectively analyze the company's proposal.

As a result of Eagle Irrigation's compliance and satisfactory documentation, the Purchasing Departmentrecommends award of Area 2 to Eagle Irrigation Services at an estimated annual cost of $22,0 10.00.

However, in an effort to save money in this area (approximately 12,043.00/yr), the Facilities ManagementDepartment recommends ..awarding Area 2 to TruGreen Landcare with a request to waive the specifiedproposal requirements for the equipment list.

Area 3 (Oakdiff SubcourthouKt Cook Chill, Investment Bldg., Cliff House)TruGreen Landcare is the lowest priced bidder for Area 3 at an estimated annual cost of $15, 113.07.However, the company did not submit the required equipment list as specified to effectively analyze theirproposal for this area. As a result, the company is rendered non-eompliant with contract requirements.

SPC&L Landscaping did submit adequate and satisfactory documentation to effectively analyze their submitted

613 Records Bldg., 6th Floor Dallas, Texas 75202 (214) 653-7431

92

proposal. As a result, the Purchasing Department recommends award of Area 3 to SPC&L Landscapmg atan annual cost of$15,624.00.

However, in an effort to save money in this area (approximately $510.93/yr), the Facilities ManagementDepartment recommends awarding Area 3 to TruGreen Landcare with a request to waive the specifiedproposal requirements for the equipment list.

Area 8 (Duncanville Tax, Lancaster Subcourthouse, Volunteer Fire Dept.)TruGreen Landcare is the lowest priced bidder for this area at an annual cost of $5,475.00. However,TruGreen Landcare did not submit the required equipment list to effectively analyze their proposal for this area.As a result, the company is rendered non-compliant with contract requirements.

SPC&L Landscaping (lowestlbest bidder) did submit adequate and satisfactory documentation to effectivelyanalyze their submitted proposal. As a result, the Purchasing Department recommends award of Area 8 toSPC&L ~ mdscaping at an aIUlual cost of $6,030.00 based on satisfactory compliance with contractrequirements.

However, in an effortJo save money in this area (approximately $555.00/yr), the Facilities ManagementDepartment recommends awarding Area 8 to TruGreen Landcare with a request to waive the specifiedproposal requirements for the equipment list.

Area 9 (Henry Wade Juvenile Center)TruGreen Landcare is the lowest priced bidder for this area at an estimated annual cost of $8,905.00.TruGreen Landcare did not submit the required equipment list as specified to effectively analyze their proposal.As a result, the company is rendered non-compliant with contract requirements.

SPC&L Landscaping did submit all adequate and satisfactory documentation to effeictively analyze theirsubmitted proposal. As a result, the Purchasing Department recommends award of Area 9 to SPC&LLandscaping at an annual cost ofSI5,144.00 based on satisfactory compliance with contract requirements.

However, in an effort to save money in this area (approximately S6,239.00/yr), the Facilities ManagementDepartment recommends awarding Area 9 to TruGreen Landcare with a request to waive the specifiedproposal requirements for the equipment list.

MIWBE InformationTruGreen Landcare did not submit any of the MIWbe documentation. Although Eagle Irrigation did submitthe MIWbe documentation, the pages were not completed. SPC&L submitted a copy of their NTRCAcertification only. They did not submit any of the MIWbe documentation. As a result and at the direction ofthe Court, the M/Wbe Officer will request the information from the specified companies.

FinancialI1IIPfIctAwarding Area 2, 3, 8 and 9 ofBid #2001-018-697 to the lowest and best bidders will reflect additional yearlyexpenditures ofapproximately S19,347.93 when compared to the lowest non-eompliant bidder's proposal forthe respective areas.

93

$ 6,045.00$22,010.00$15,624.00$ 3,858.91$ 3,409.94$ 2,395.47$ 2,352.78$ 6,030.00$ 15,144.00$27,747.00

Eagle Irrigation ServicesEagle Irrigation ServicesSPC&L LandscapingEnviro Designs, Inc.Enviro Designs, Inc.Enviro Designs, Inc.Enviro Designs, Inc.SPC&L LandscapingSPC&L LandscapingEagle Irrigation Services

RecommendationIn an effort to assist Dallas County in obtaining the most qualified and best priced vendor, the bid requires allbidders to submit references and a list ofequipment with their bid packets. As a result of the bid requirements,the Purchasing Department recommends award of Bid #2001-018-697 to the lowest and best bidders asfollows:Area 1:Area 2:Area 3:Area 4:Area 5:Area 6:Area 7:Area 8:Area 9:Area 10:

Total Contract Value: $104,617.10

Although the Purchasing Department does not agree with Facilities Management's recommendation for Areas2, 3, 8 and 9, Purchasing's recommendations are made consistent with county policies and historicalCommissioners Court directions.

However, should the Court concur with Facilities Management's recommendation to award Bid #2001-018697 to the lowest bidders, the award will reflect the following designated companies and areas;Area 1: Eagle Irrigation Services $ 6,045.00Area 2: TruGreen Landcare $ 9,967.00Area 3: TruGreen Landcare $15,113.07Area 4: Enviro Designs, Inc. $ 3,858.91Area 5: Enviro Designs, Inc. $ 3,409.94Area 6: Enviro Designs, Inc. $ 2,395.47Area 7: Enviro Designs, Inc. $ 2,352.78Area 8: TruGreen Landcare $ 5,475.00Area 9: TruGreen Landcare $ 8,905.00Area 10: Eagle Irrigation Services $27,747.00

Total Contract Value: $ 84,996.17

Based on the Court's decision an Award Court Order will be scheduled for the November 21, 2000 FormalAgenda.

Recommended for approval_by:

c: Jim Barrett.. Asst. Director Fac. Mgt.Mack Richardson. Contract Mgt'. (Fac. Mgt.)

94

DALLAS COUNTYFacilities Management

MEMORANDUM

November 6, 2000

TO: Linda BolesPurchasing

..j

u'....... -- --

c....)

FROM: H. Mack Richardson ~Contracts Manage~ /7'"'-

o-J

SUBJECT: Review and Recommendation on Bid # 2001-018-697(Landscape Maintenance)

In review of the Landscape Maintenance Bids, I find the low compliant bidder acceptable.However, TruGreen LandCare was the low (non-compliant) bidder for areas #2, #3, #8 and #9.TruGreen failed to submit an equipment list, as required by contract. I checked their referencesand found them acceptable. Their failure to submit an equipment list will cost the county

/' $19,347.93 in comparison to the compliant bidder. I do not feel the equipment list should be thatimportant. I will eliminate this requirement from future bids. I recommend we give TruGreenLandCare a chance. If they are unable to perform, we can always shift to the compliant bidder.

Recommend:

HMR/kkm

Area 1:Area 2:Area 3:Area 4:Area 5:Area 6:Area 7:Area 8:Area 9:Area 10:

Eagle Irrigation ServicesTruGreen LandCareTruGreen LandCareEnviro Design Inc.Enviro Design Inc

Enviro Design IncEnviro Design IncTruGreen LandCareTruGreen LandCareEagle Irrigation Services

(Low & Compliant)(Low Non-Compliant)(Low Non-Compliant)(Low & Compliant)(Low & Compliant)(Low & Compliant)(Low & Compliant)(Low Non-Compliant)(Low Non-Compliant)(Low & Compliant) _

600 Commerce, 9th FloorGeorge L. Allen Sr., Courts Building Dallas, Texas 75202

(214) 653-7175Fax (214) 653·6822

95

00 HO\1 - 8 Af1 9: 51

TO: Commissioners Court

I~ rTHROUGH: Dan Savage, Assistant Administrator for Operations l:;--

(i(FROM: Chris Thompson, Director, Communications & Central Services ~

SUBJECT: 911 Emergency Fee Agreement - IIC DeltaCom Communications, Inc.

Background of IssueThe Public Utility Commission (PUC) ofIexas has granted a service provider certificate ofauthority(SPCOA) authorizing ITC DeltaCom Communications, Inc. to provide local telephone service. ITCDeltaCom Communications, Inc. completed an Interconnect Agreement with Southwestern Bell(SWB) but is not planing to offer service in the GTE service area at this time. Prior to offering localservice, IIC DeltaCom Communications, Inc. must make 911 fee arrangements with the publicsafety answering entities in their service area. Dallas County is such an entity and IIC DeltaComCommunications, Inc. has requested a 911 Emergency Fee Agreement to offer service in the SWBservice areas.

During Briefmg Session ofNovember 5, 1997, the Court approved a 911 Service Fee Agreement foruse with facility based providers of local service. IIC DeltaCom Communications, Inc. is a facilitybased provider.

The purpose ofthis briefing is to present for approval a 911 Emergency Fee Agreement to allow IICDeltaCom Communications, Inc. to offer local service in the SWB service area.

Impact on OperationsSubscribers (customers) and Public Safety Answering Points will see no change in 911 service. Theinterconnect agreement between ITC DeltaCom Communications, Inc. and SWB provides accessto existing 911 service. However, facilities based providers must link their switches with theexisting 911 tandem offices. This agreement contains provisions for testing these links and providesprocedures for providing 911 service in the event these links go down.

Legal InformationThe Civil Section ofthc.District Attorney's office reviewed and approved the agreement.

Financial Impact/ConsiderationsFees, administrative charges and billing procedures are identical to those currently in place withSWB. Fees previously collected and paid to Dallas County by SWB will be collected and paid byIIC DeltaCom Communications, Inc.

Recomms;ndationApprove the IIC DeltaCom Communications, Inc. 911 Emergency Fee Agreement. Io conservepaper, the agreement is not attached but is available in the Telecommunications Department.

509 Main Street • Suite 608 • Dallas, Texas 75202

. : /

96

DALLAS COUNTYENGINEERING AND PROJECT MANAGEME~ ~ln'John P. Nolan, P.E., Assistant Director u J -7 PM 3: 04

November 14, 2000

To:

From:

Through:

Subject:

Commissioners Court

~?/(rd~John P:Nolan P.E., Assistant Director of Engineering

Dan Savage, Assistant Administrator for Operations

Henry Wade Parking Lot Expansion

Background: The parking lot at the Henry Wade Juvenile Center is overcrowded and in orderto alleviate the parking shortage and to prevent "on street parking", the Commissioners Courtpurchased an adjacent property. Therefore at the direction of Commissioner Court a temporaryparking lot is to be developed on this site. In is the intent to advertise for bids for the concreteapproach to be constructed for this lot. It is anticipated that the Road and Bridge Districts willthen construct the asphalt parking lot. Public Works Engineering under the direction of JackHedge, P.E., has prepared the plans and specifications for the construction of the concreteapproach.

Impact/Operations: The construction of this parking lot approach will allow for the Road &Bridge Districts to construct the necessary parking lot that will alleviate the necessity of any "onstreet" parking adjacent to the Henry Wade Juvenile Center.

Lelal: This project will be advertised in accordance with all legal requirements andCommissioners Court policies.

MlWBE Information: This project will be advertised in accordance with all CommissionerCourt policies.

Financial Impact: This project was included in the Permanent Improvements approved forFY2001 Budget by the Commissioners Court in Fund 126.2001 (Permanent Improvements,FY2001).

Recommendation: It is recommended that Commissioner Court approve the advertisement forbids for this project and 1tUthorize the Purchasing Agent to receive the bids

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

e-mail: [email protected]

Tel: 214-653-6725Fax: 214-653-6729

97

DALLAS COUNTYPUBLIC WORKS co ~C!v -8 P~i 3: 38

MEMORANDUM


THROUGH: Commissioner Mike Cantrell Road & Bridge District #2

FROM: Selas Camarillo, P.E., R.P.L.S. ~ /Assistant Director - Property~ion

SUBJECT: Old Terrell Interurban Railway in Mesquite, TexasRequest from City ofMesquite to Exchange P;"'oerties

BACKGROUND

The City ofMesquite owns approximately 23 acres of land in the Thomas J. SeweD Survey, Abstract No.1359, Page 400, between East Glen Boulevard and Newsome Road, east ofClay-Mathis Road in the City ofMesquite. The Old TerreD Interurban R.O.W. owned by Dallas County clips the southwest comer oftheCity's 23 acre tract. The city desires to "square the tract" along its western boundary line for ease ofdeveloping a practice soccer complex. Related to the City's request, Dallas County is acquiring right ofwayfor the Belt Line Road Project 91-856 (Mercury Road to Lake June Road) in the City ofBalch Springs. TheCity ofMesquite owns property within the alignment ofthe County's Belt Line Road Project. Dallas Countyneeds to obtain one permanent easement (parcel 7 DE) and three temporary easements (Parcels 2TE, 7TE1& 2) offthe tract owned by the City on Belt Line Road.

Pursuant to VTCA Local Government Code, Section 272.001, the City is requesting an exchange oftheCounty's interest in part ofthe Old TerreD Interurban, for the land needed by Dallas County in conjunctionthe Belt Line Road Project 91-856, (Parcels 2TE, 7DE, TE1 & 2).

The Public Works Department knows ofno foreseeable public need for this portion ofIntenJrban Right of Wayand considers it surplus.

LEGAL INFORMATION

Pursuant to vrCA Local Government Code, Section 272.001, an exchange may be made for an amount thatis equal to or more than thciair market value ofthe property being exchanged by the County.

The land and those interests may not be conveyed, sold, or excl1anged for less than the fair market value oftheland or interest. The fair market value is determined by an appraisal obtained by the political subdivision thatowns the land or interest and the appraisal is conclusive ofthe fair market value ofthe land or interest.

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

98Commissioners CourtPage 2November 8. 2000

FINANCIAL IMPACT

The Public Works Department cannot accurately assess the fair market value of the county's property, until anappraisal of the property can be accomplished. The amount ofsquare footage required by Dallas County exceedsthe square footage of the county-owned land. Dallas County's administrative costs to prepare the appraisalreport will be part of the cost of the exchange. The City is responsible for preparing a metes and bounds legaldescription for the portion of the county-owned interurban required to "square the city's tract", and all othercosts associated with the exchange.

RECOMMENDATION

The Director of Public Works recommends that the Commissioners Court authorize the Public WorksDepartment to: (1) perform an appraisal ofthe county-owned property and the parcels owned by the City on theBelt Line Road Project 91-856, and (2) negotiate the exchange of tne properties with tht. City of Mesquitepursuant to VTCA Local Government Code, Section 272.001.

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 ofPublic Works

../.~E:peISCy ~Documents:/lnturb:/Mesq Exch Brf

Cc: Sid Homer, Senior Acquisition Agent

99DALLAS COUNTYPUBLIC WORKS

November 8, 2000 CO ~Ot/ -8 (~~ 3: 57

r, I

MEMORANDUM


FROM: Donald R. Holzwarth, P.E.Director of Public Works

SUBJECT: Master Agreement Governing TransportationMajor Capital Improvement Projects

BACKGROUNDCommissioners Court approved participation in Transportation Major Capital Improvement Projects

.or Program Years 2004, 2005 and a portion of 2006 by execution f Commissioners Court Order 2000-2117dated October 17,2000. These projects involve roadways which are on the North Central Texas Council ofGovernment's Regional Thoroughfare Plan. As the majority of these projects will be funded jointly from thebeginning by Dallas County and the participating cities, it is necessary to de\-elop an agreement which willcommit both parties to the various features required to construct said projects.

On October 13, 2000, Public Works staff, District Attorney's staff and the Purchasing Agentparticipated in a partnering session with the various interested cities. Feedback: from this session has beenincorporated into the proposed agreement with the aim ofdeveloping amore level playing field for these jointprojects. All parties are interested in producing a document which will incorporate the lessons learned from priorprograms.

By execution ofthe proposed master agreement, both the City and County will agree to fulfill specifiedroles in bringing of the projects to construction completion. Partnering principles are being used throughoutthe total project delivery process, and this agreement captures these principles. Kickoff meetings and aPredesign Charrette will be held to identify project management roles, funding opportunities, and other criteria.From the ?redesign Chanette, a Memorandum ofAgreement will be drafted which will fonnally acknowledge

each entity's roles. Once preliminary engineering activities are complete, an amendment will be executed whicl1will further defme project scope, responsibilities and funding. Public Warks proposes to distribute the attacheddraft version ofthe Master Agreement Governing Transportation Major Capital Improvement Projects to theparticipating cities.

LEGAL INFORMATIONThe District Attorney's Office has been a major participant in the creation of the attached Master

Agreement Governing Transportation Major Capital Improvement Projects and has approved the fmal versionas to form for distribution to the impacted cities.

RECOMMENDATIONIt is recommendectthat the attached Master Agreement Governing Transportation Major Capital

Improvement Projects be approved for use and Public Works be authorized to begin the process forimplementing said agreement and the projects approved by Court Order 2000-2117. IfCommissioners Courtis in agreement, Public Works will begin the implementation process by distributing the agreement to cities forexecution.

APPWJ1Y~l~Donald R. Holzwarth, P.E.,~ ofPublic Works

411 Elm Street, 4th Floor Dallas, Texas 75202 214.653.7151jcn

100Discussion draft-onlv-ll/2/00

STATE OF TEXAS §

COUNTY OF DALLAS §

MASTER AGREEMENT GOVERNING

TRANSPORTATIONMAJOR CAPITAL IMPROVEMENT PROJECTS

THIS MASTER AGREEMENT is made by and between the City of , Texas,hereinafter called "CITY", and the County of Dallas, Texas, hereinafter called "COUNTY", acting byand through its duly authorized officials, desire to enter into an Interlocal Agreement, hereinaftercalled MASTER AGREEMEN~, for the purpose of Transportation Imp..~ovements on roads insideDallas County that are on the North Central Texas Council of Government's Regional ThoroughfarePlan.

WITNESSETH

WHEREAS, pursuant to Court Order 2000-211 7, dated October 17, 2000, CommissionersCourt approved participation in Transportation Major Capital Improvement Projects for the ProgramYears 2004, 2005, and a portion of2006 in the cities inside Dallas County; and .

WHEREAS, the approved project lists will be updated and approved by the CommissionersCourt on a periodic, as-needed basis; and

WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorizationfor local governments to enter into interlocal agreements; and

NOW THEREFORE, THIS AGREEMENT, is hereby made and entered into by CITY andCounty for the mutual consideration stated herein:

AGREEMENT

Article I.

all purposes.

DEFINITIONS: The following definitions are incorporated into this agreement for

a) AMENDMENT shall mean a written document executed by all parties detailing changes,additions or deletions in the MASTER AGREEMENT.

b) CITY shall mean the City of , County ofDallas, State ofTexas.

c) COUNTY shall mean the County ofDallas, State of Texas.

d) DIRECT PROJECT & PROGRAM COSTS shall mean those costs that can be identifiedspecifically with a particular project or program cost objective. These costs generally include

DRAFT VERSION OF MCIP - MASTER ILA - 11/2/00 for discussion only 1

101Discussion draft-on/v-I I /]/00

compensation of employees for the time devoted and identified specifically to the perfonnance ofthe project or program, cost of materials acquired, consumed or expended specifically for thepurpose of the project or program; equipment and other approved capital expenditures; travelexpense~ incurred specifically to carry out the project including, but not limited to, design, right-of\vay, road or street drainage, utility relocation and adjustment and construction. Direct Cost doesnot include either City or County general overhead.

e) EFFECTIVE DATE shall mean the date of the signature of the last person necessary for it tobecome effective.

t) INDIRECT COSTS shall mean those which have been incurred for common or joint purposes.These cost benefit more than one cost objective and cannot be readily identified with a particularfinal project or program cost objective without effort disproportionate to the results achieved.

g) INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between Cityand County in accordance with Texas Government Code Chapter 791 .

h) LEAD '\.GENCY shall mean that entity responsible for project management, including, but notlimited to pid.Ilning, design, right-of-way acquisition, approved utility relocation or .ldjustment andconstruction.

i) MASTER AGREEl\fENT shall mean this document including all incorporated documents,attachments, and exhibits.

j) MEMORANDUM OF AGREEMENT (MOA) shall mean a written document whichincorporates the results of the PREDESIGN CHARRETTE. Said MOA shall at a minimumidentify the overall funding scheme, h9n29atal aligameat and basic scope ofth~ PROJECT.

k) PARCEL OR PARCELS shall mean those tracts of land and improvements located either whollyor partially thereon, identified by COUNTY, CITY or other STAKEHOLDER as required forright-of-way requirements of the PROJECT. Such Right-of-way shall include both the existingstreet, road, drainage or other City or County real property ownership and all additional realproperty to be utilized for the Project~

I) PREDESIGN CHARRETTE shall mean a meeting of decision making stakeholders and othermembers of the PROJECT TEAM for the purpose of entering into a MEMORANDUM OFAGREEMENT for the overall funding, alignment and scope of the PROJECT.

m) PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned theprimary duty for assuring Project Team co-ordination and timely project delivery. There will beonly one PROJECT MANAGER assigned to a PROJECT.

n) PROJECT TEAM shall mean representatives from COUNTY, CITY, SHAREHOLDERS andother STAKEHOLDERS as may be mutually agreed upon by County, City and Shareholder orotherwise with responsibility for delivering the completed PROJECT.

0) PROJECT(S) shall mean the road improvements approved by the COUNTY for inclusion inthe Transportation Major Capital Improvements Program approved by the Commissioners Courtand approved by the City or other applicable STAKEHOLDERS.

p) ROAD or STREET AMENITY shall mean PROJECT features not included in the STANDARDBASIC PROJECT DESIGN including but not limited to street pavers, colored concrete, planters,irrigation, decorative lighting, special signage, or any other feature above and beyond theSTANDARD BASIC PROJECT DESIGN or any increase in capacity in excess of Countydetermined requirements based on anticipated future traffic flow.


102Discussion draft-on/v-I I/]/00

q) RIGHT OF WAY (ROW) shall mean that real property, either existing, required in fee and oreasement identified by COUNTY, CITY, or other project STAKEHOLDER as necessary for theconstruction of the PROJECT. Such Right-of-way shall include both the existing street, road,drainage or other City or County real property ownership and all additional real property to beutilized for the Project.

liLSTANDARD BASIC PROJECT DESIGN shall mean the standard County approved City criteriafor paving, bridges, drainage and appurtenances, traffic control items including pavement marking,warranted uniform signals, street light foundations, pull boxes, conduit, sidewalks, medians,storage/tum lanes, access, required structural retaining walls and standard driveways excludingROAD OR STREET AMENITIES, or such design criteria as may be mutually agreed upon in aproject specific SUPPLEMENTAL AGREEMENT.

!iLSUPPLEMENTAL AGREEMENT shall mean an agreement subsequent to this document whichis entered into to establish the contractual rights and responsibilities of the CITY and COUNTY ofDallas as it relates to the PROJECT.

tiLSTAKEHOLDER shall mean any governmental or q~;'lSi-governmental entity or gl')UP making afinancial contribution to the project or who has a vested interest in the project that impacts theproject delivery process.

!.!U.-TxDOT shall mean the Texas Department ofTransportation, State of Texas.

l!L-UTILITIES shall mean each City Utility, public utility, common carrier, governmental orquasi-governmental facility, fiber optic facility, or other facility located within the limits of theProject by virtue of Texas or Federal Law or agreement between the entity and the City, County, orState ofTexas.

lltl-CITY UTILITY shall mean those owned or operated by City which require relocation oradjustment for the purpose of the construction of the PROJECT as identified by PROJECT plans.

!&-UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within thelimits of the Project by virtue of Texas or Federal Law or agreement between the entity and theCity.

Ui-UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all UTILITIES,excluding CITY UTILITIES, whose facilities are located within the limits of the Project by virtueof satisfactorily documented pre-existing real property ownership.

!&-UTILITIES BETTERMENT shall mean any increase in the capacity of any UTILITIESfacility adjusted or relocated as a part of the PROJECT as compared to the existing Facility, or anyupgrading of the UTILITIES Facility above the standard practices, devices or materials, specifiedby the UTILITY and customarily used by City of Utility on projects solely financed by City orUtility. Provided, however, that any upgrading necessary to successfully accomplish thePROJECT shall not be considered a Betterment, and further, that any increase in the capacity ofthe Utility Facility resulting solely from the replacement of devices or materials no longerregularly manufactured, processed or installed shall not be considered a Betterment, provided thatsuch replacement shall be only to the standard devices or materials currently used on other projectsfmanced solely by City or UTILITY. This meaning shall apply to utilities that are part of theproject as well as the standard basic street components (See "STANDARD BASIC PROJECTDESIGN").

DRAFT VERSION OF MeIP - MASTER ILA - 11/2/00 for discussion only 3

103Discussion dratr-onlv- I 1/2/00

Article II. PERIOD OF THE AGREEMENT

This MASTER AGREEMENT becomes effective when signed by the last party whose signing makesthe respective agreement fully executed (The "Effective Date"). This MASTER AGREEMENT shallbe an annual agreement and shall automatically renew without further action by either party unless oruntil terminated as provided in Article IV (Termination) or the expiration of ten (10) years which evershall first occur.

Article III. Ai\1ENDMENTS

This Master Agreement mav be amended with the mutual consent of the CITY and COUNTY. Anyamendment must be in writing and approved bv the parties' respective governing bodies.

Article IV. TERMIf,.\TION, DEFAULT, TIME OF THE ESSENCE AND FORCE

MAJEURE

1. TERMINATION

This MASTER AGREEMENT may be terminated by any of the following conditions:

A. By expiration of term of the agreement.

IL-By mutual written consent and agreement of all parties.

C. By the either party, by notice in writing establishing the effective date of termination to theother party as consequence of failure of the party being in default of the provisions of thisagreement or failure to timely provide funding, with proper allowances being made forcircumstances beyond the control of that party.

D. By either party with ninety days written notice.

E. By either party, upon the failure of the other party to fulfill the obligations as set forth inthis MASTER AGREEMENT and any supplement thereto~

E-Should either party terminate this MASTER AGREEMENT as herein provided, allexisting, fully executed SUPPLEMENTAL AGREEMENT made under this MASTERAGREEMENT shall not be terminated and shall automatically incorporate all theprovisions of this MASTER AGREEMENT.

G. In the event that any SUPPLEMENTAL AGREEMENT is terminated prior to completionof the project, no additional Costs shall be incurred other than Costs due and payable at thetime of termination for services actually performed or that shall become due and payabledue to such termination. The LEAD AGENCY, to the extent permitted, may terminate allproject contracts, unless written notice is given by either party to the other of its intent tocomplete the project, and prepare a final accounting for the project.

H. If the project is terminated by the CITY prior to the award of any construction contract andthe project is located within the CITY limits, CITY shall pay to COUNTY the full amountexpended by COUNTY on the project and COUNTY shall transfer to CITY its rights andall deliverables that it may be entitled to receive under the existing professional services orother project contracts or agreements. Such amount shall be included in the final


104Discussion (f,'aft-onh'-1112100

accounting for the project. Such amount shall be due and payable in full ninety (90) dayssubsequent to the tennination.

1. Once the Construction Contract has been let, with the approval of the other party, theSUPPLEMENTAL AGREEMENT for that project cannot be tenninateg until completionof the construction.

J. In the event that a project is tenninated either party may, upon written notice, take over theproject and prosecute the work to completion by contract or otherwise at their sole cost andexpense. In the event that the party completing the work is not the LEAD AGENCY, it isagreed that the PROJECT MANAGER will furnish to the completing party a listing ofcurrent records pertaining to any outstanding obligations or other records or informationrequired by any project contract, including any Work Order, or requested in writing bycompleting party in either printed or electronic format or both. The LEAD AGENCYagrees to cooperate with the completing party. The LEAD AGENCY will use its bestefforts to transfer to the completing party all contracts. Obligations under such contractsshall become the sole obligation of the completing party upon transfer. Completing partyagrees to timelY pay all future obligations under such contract as they become due andpayable. Completing party hereby releases the LEAD AGENCY from any and allliability under such assigned contracts subsequent to date of transfer, effective uponthe transfer date. LEAD AGENCY shall exercise its best efforts to insure a transition ofservices without interruption

K. Either party shall have the right to retain copies of all date. information. engineering.studies. or other items produced to the date of termination,:

L. Provisions F through K will survive the termination of this MASTER AGREEl\IENT andany SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until thetransition of services. all payments made and the PROJECTS are complete. All items listedor required in this provision shall be furnished by LEAD AGENCY to completing partywithout additional cost or expense to completing party.

2. FORCE MAJURE:

Neither COUNTY nor CITY shall be deemed in violation of this Contract if it is prevented fromperforming any of its obligations hereunder by reason of, for or through strikes, stoppage of labor, riot,fue, flood, invasion, insurrectio~ accident, order of court, judge or civil authority, an act of God, orany cause reasonably beyond the party's control and not attributable to its neglect. In the event of suchan occurrence the time for performance of such obligations or duty shall be suspended until such timethat such disability to perform, for which the party is not responsible or circumstances beyond itscontrol, shall be removed. The party claiming the suspension shall give notice of such impediment ordelay in performance to the other party within ten (10) days of the knowledge of such occurrence.Each party shall make all reasonable efforts to mitigate the effects of any suspension.

Article V. INDEMNIFICATION

COUNTY and CITY agree that both COUNTY and CITY shall each be responsible for theirown negligent acts or omissions or other tortious conduct in the course ofperformance of thisMASTER AGREEMENT, without waiving any sovereign or governmental immunityavailable to either COUNTY or CITY under Texas law and without waiving any availabledefenses under Texas law. Nothing in this paragraph shall be construed to create or grant anyrights, contractual or otherwise, in or to any third persons or entities.


Discussion dratt-onlv-ll/]/OO 105

Article VI. NOTIFICATION

A. When notice is permitted or required by this MASTER AGREEMENT, it shall be inwriting and shall be presumed delivered when delivered in person or three (3) dayssubsequent to the date placed, postage prepaid, in the U. S. Mail, Certified orRegistered, Return Receipt Requested and addressed to the parties at the followingaddress.

B. All notices and correspondence to County by City shall be mailed or delivered by hand asfollows:

Dallas County Public Works

Donald R. Holzwarth, P.E., Director

111 Elm Street, 4th floor

Dallas, Texas 75202

C. All notices and correspondence from County to City shall be mailed or delivered by hand asfollows: [Title ofAppropriate City Official]

City, Texas

D. Either party hereto may from time to time designate another and different address forreceipt ofnotice by giving written notice of such change ofaddress to the other party.

Article VII. CITY COVENANTS AND AGREES AS FOLLOWS:

A. To execute the necessary agreements for the implementation of design and construction ofthe PROJECTS mutually agreed upon and incorporated herein by SUPPLEMENTALAGREEMENT.

B. Provide City Council Resolution adopting approved preferred alignment, proposedestimated budget, and commitment to meet PROJECT funding for each milestone asspecified herein or a SUPPLEMENTAL AGREEMENT.

C. CITY agrees to share the funding of PROJECT with COUNTY on an equal share basis(500/0/50%), 01. other agreed upon cost sharing arrangement as specified in theSUPPLEMENTAL AGREEMENT with the following exclusions:

D. CITY shall bear the entire cost of:

_I._CITY owned utilities such as water and sanitary sewer facilities, except utilityadjustments directly attributed to storm sewer improvements conflicts;

b-PROJECT AMENITIES including but not limited to street pavers, colored concrete,planters, decorative lighting, special signage, or any other feature over the STANDARDBASIC PROJECT DESIGN;


106Discllssion drait-onlv-ll/2/00

LCITY or UTILITY BETTE~\;fENTS

LCity project team participation or Qroject management (if the CITY has LEADAGENCY Responsibility) direct costs which are not supported by a detailed hourlyaccounting system;

i:-City indirect costs.

When mutual \vritten agreement has been reached as to PROJECT limits by COUNTYand CITY at the Predesign Charrette meeting, City agrees to acquire right-of-way requiredfor designated projects by voluntary dedication, the subdivision platting process and/orother legal means~ to the maximum extent possible1 and to ensure through the buildingpermitting process that setback requirements are imposed to limit encroachment upon therequired right of way. CITY agrees to fund ROW not acquired but reasonably expected tobe. ???? CITY also agrees to fund the removal of improvements that are encroachmentswithin existing or proposed right of way areas.

In the event of any proposed use of the PROJECT right-of-way that will conflict with theproposed PROJECT and City is unable to obtain such right-of-way as described above,City shall notify County of such conflict. County and City shall detennine if theacquisition of the conflicting parcel would be in the best interest of the project .In the eventthat agreement is reached and the parcel is acquired such cost shall be included in the prorated cost of the project in the agreed upon proportions.

CITY hereby grants the COUNTY authority to enter into eminent domain proceedingswithin the city limits on each specific right of way alignment as approved by the CITY andCOUNTY.

~To require all utilities located within or using the present public right- of way on alldesignated transportation projects within CITY's municipal limits to adjust and/or relocatesaid utilities as required by the proposed improvement of the designated transportationproject for CITY Utilities at no cost to COUNTY except as may be specifically set forth inthis MASTER AGREEMENT.

f:...-CITY agrees to be cooperative on issues relating to bill boards, advertising signs, nonconfonning uses, zoning and similar restrictions and to exercise its best efforts to providevariances when possible to minimize cost and delay of PROJECT. Additional PROJECTcost caused or contributed to by City ordinance, zoning, non-conforming use determinationor other requirement shall be paid in full by City.

G. CITY shall require the adjustment and/or relocation of UTILITIES to be accomplished andfinalized, as expeditiously as possible, after approval of final plans to prevent PROJECT scheduledelays. Notwithstanding anYthing contained herein to the contrary, all UTILITIES shall be adj usted orrelocated and the right-of-way clear for construction not later than thirty (30) days prior to the award ofthe construction contract. CITY will notify the COUNTY and other STAKEHOLDERS when utilityconflicts would impact progress of the project completion. COUNTY and CITY agree to work inpartnership and with all STAKEHOLDERS to solve the problem to include helping to engage electedofficials in the problem resolution with the goal to prevent delays in the commencement or prosecutionof construction on the project.

DRAFT VERSION OF MeIP - MASTBR ILA - 11/2/00 for discussion only 7

107Discussion draft-onlv- / //2/00

.tL-Where new storm drainage facilities are in conflict with CITY owned water and sanitary sewersystems, and the storm sewer design cannot be modified, after submission of an acceptable schedule ofwork and cost estimate by the CITY to the COUNTY and COUNTY approval, the actual costs of thenecessary a~justment of CITY water and sewer utilities shall be pro rated at the overall percentageagreed to by CITY and COUNTY for cost sharing. CITY shall be responsible for funding one hundredpercent (100°1<» of any BETTERMENTS. Except as provided herein, all costs for adjustment and/orrelocation of utilities in the public right of way shall be the responsibility of the utility owner or of theCITY UTILITY. Any PROJECT delay or other damages caused by CITY UTILITY's failure totimely relocate or adjust the facility shall be at the entire cost of CITY.

_I._To provide for continuing surveillance and control of right of way to prevent the construction,placement, storage or encroachment of any signs, personal property or other appurtenances in the rightof way. In the event that the aforementioned features are allowed by CITY to encroach on necessaryROW during the duration of the project, CITY shall bear the entire cost of removal or relocation ofsaid encroachment.

~To provide to COUNTY for COUNTY or COUNTY'S designee use, at no cost, adequate copies ofall construction standards, codes, (specifically including zoning and development codes), plats,specifications, guidelines, standards or any other pertinent information as determined by COUNTY tobe required for the completion of the PROJECT. Additionally, CITY shall furnish COUNTY, at nocost, such documents as necessary to keep all items previously furnished to County current.

K. Actively participate and provide authorized representation with decision making power atPREDESIGN CHARRETTE, preconstruction meeting, partnering meetings and project team meetingswhich are necessary to project development/completion and fiduciary relationships.

• CITY agrees to provide timely review of interim submittals. "Timely review" will be agreed uponduring the PREDESIGN CHARRETTE as a part of the PROJECT schedule. City further agrees thatifno review notes are submitted by CITY in writing to COUNTY on a timely basis, plans are approvedas submitted

aity agrees that it will pay all additional project cost for any City requested discretionary change,including, but not limited to STREET AMENTIES AND UTILITY BETTERMENTS, in or addition tothe design or construction of the project subsequent to the City opportunity to review the sixty fivepercent (65%) design plans.

N. Provide at CITY's cost-for the continuing maintenance of all PROJECT ROW, such as mowing,drainage, trash removal, etc., during the period between acquisition and construction:.

O. Subsequent to the completion of a PROJECT, that the City will be responsible for all futuremaintenance, operation and control of the PROJECT, without cost or contribution from the County.

f:-Bear the entire cost of design, construction and administration for landscaping, streetscaping,streetlighting, as such items are not included in the STANDARD PROJECT DESIGN and other


108Discllssion dratr-onlv-ll/l/00

ROAD OR STREET A1\1ENITIES specified or requested by CITY in excess of STA~DARD BASICPROJECT DESIGN.

O. It is the intent of this MASTER AGREEMENT that the County will be the LEAD AGENCY. [nthe event that the CITY and COUNTY agree in writing that CITY will manage and administer one ornlore PROJECTS, CITY and County will enter into a SUPPLEi\IENTAL AGREEl\IENT as to thatproject(s). CITY agrees to aSSUlne all LEAD AGENCY responsibilities except as may be set forth inthe SUPPLEl\:IENTAL AGREEMENT as determined by mutual consent.

Article VHf. UTILITY IMPACTS.

A. In cases where a UTILITY IS LOCATED IN A PRIVATELY OW'NED RIGHT-OFWAY, and it is necessary to relocate the facility or make adjustments by reason of thewidening or improvement of the designated project, the COUNTY (or CITY if acting asthe LEAD AGENCY) will, after submission of satisfactory right of way documentationand cost estimates acceptable to the CITY, COUNTY and other STAKEHOLDERS by theutility company, assign the actual costs for the relocation and/or adjustment of said utilityto the PROJECT.

B. In cases where a UTILITY IN PUBLIC RIGHT-Of-WAY, excluding CITYUTILITIES, occupies any portion of the PROJECT RIGHT-Of-WAY by Texas orfederal Law or by agreement with the City that allows or permits the City to cause therelocation of the utility for the construction of the project, the City shall timely requireand enforce the relocation or adjustment requirement at no cost to :the project. In theevent that the City has no legal or contractual right to cause the relocation, therelocation or adjustment shall be relocated or adjusted and all cost shall be a ProjeetCost. City shall take all stems necessary to insure that such relocation or adjustmentshall not conflict with or increase the Project schedule.

Article IX. COUNTY AGREES AS FOLLOWS:

A. To provide as a PROJECT cost preliminary engineering which will define projectdetails, e,g., location, scope ofwork and specific right ofway alignment for eachimprovement. Such preliminary engineering shall be submitted to the City forapproval, prior to proceeding with the final design and any right of wayacquisition.

B. To provide as a Project cost for the construction of transportation improvementsbased upon design criteria conforming to STANDARD PROJECT DESIGN inconformity with applicable CITY ordinances and standards, to the extent ofprogrammed funding. Scope of work shall include the agreed upon designstandards as the basis for improvement criteria. Deviations from CITYstandards and/or design criteria shall require prior approval of CITY. WhereCITY standards do not exist, TxDOT standards as of the EFFECTIVE DATE of

DRAFT VERSION OF MCIP - MASTER ILA - 11!2/00 for discussion only 9

109Discussion draft-on/v-II/]/OO

this MASTER AGREEl\'IENT shall be utilized unless othef\vlse mutuallyagreed by SUPPLE;\'IENTAL AGREEl\'IENT.

To actively participate and provide authorized representation at PREDESIGN CHARRETTE ,preconstruction meeting, partnering meetings and project team meetings whichare necessary to project development and completion and fiduciaryrelationships.D. 0 provide PROJECT MANAGEMENT of each Projectwhere County is LEAD AGENCYfrom commencement to completion ofconstruction. CITY and COUNTY may further agree by mutual consent toredefine PROJECT MANAGEMENT roles as beneficial to the PROJECT asdefined in the MOA and SUPPLEMENTAL AGREEMENTS

=E..:.,... Upon receipt of written request detailing the information requested, to provideinformation related to the PROJECT to CITY or CITY's designee at no cost tothe CITY

;;;;..F__. COUNTY agrees to provide timely review of interim submittals and herebyagrees that if no review notes are submitted by COUNTY (if CITY is filling therole as PROJECT MANAGER) in writing to CITY, plans are approved assubmitted. "Timely review" will be agreed upon during the PREDESIGNCHARRETTE, as part of the project schedule.

=G;.:... To submit final engineering plans for review and written approval by CITY atleast thirty (30) days prior to advertising for construction.H.To provide for theacquisition, including acquisition by Eminent Domain, of the necessaryadditional right of way, on designated projects, in accordance with minimumstandard requirements and utilizing existing public right of way to the maximumextent possible as a PROJECT cost.

_____To require all contractors to secure all necessary permits required by CITY onsaid construction projects.

J. To furnish record drawings of construction plans for the permanent records of CITYwithin twelve (12) months upon completion and acceptance of the transportationimprovement project.

K. In and for Ten Dollars ($10.00) and other good and valuable consideration,including the future obligation of maintenance, operation, control andacceptance of liability therefor to transfer, by Quit Claim Deed, all PROJECTrelated easements acquired by COUNTY to CITY.

L. In the event COUNTY and CITY agree in writing that CITY will be the LEADAGENCY for the agreed upon PROJECT, COUNTY will reimburse CITY for


110Discussion draft-on/v-I! /]/00

agreed costs as detailed in Article XI (FUNDING) in an amount not to c\cccdthe PROJECT cost as approved bY' Dallas County Comn1issioners Court andincorporated in the SLPPLEylENTAL AGREEMENT. COUNTY shall retainresponsibilities for reimbursement and reimbursement certification and thoseitems as may be mutually agreed behveen the parties and incorporated in aSUPPLEMENTAL AGREEMENT.

PREDESIGN CHARRETTE

A. CITY and COUNTY, as specified in Article VII and IX, will designate officials orrepresentatives to participate in a Predesign Charrette to be conducted on a mutuallyagreeable date and location. At least part of this meeting will be conducted on thePROJECT site.

B. Results from Predesign Charrette will identify the general project scope and the generalpreferred alignment of the project and, project administration and management roles, toinclude the PROJECT MANAGER. Additionally, key project team participants shall be'dentified at the Predesign Charrette .

C. At the conclusion of the Predesign Charrette a SUPPLEMENTAL AGREEMENT shallbe produced which outlines the identified roles and scope for the Project.

Article XI. FUNDING

A. CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT &PROGRAM costs as agreed by the parties in the SUPPLEMENTAL AGREEMENT which willbe attached as Attachment A and incorporated herein as if reproduced word for word for allpurposes. Unless otherwise specified in theSUPPLEMENTAL AGREEMENT, COUNTY shallbear fifty percent (50%) of the total DIRECT PROJECT & PROGRAM costs excluding theROAD OR STREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITYBETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourlyaccounting system and other items as shown in this MASTER or any SUPPLEMENTALAGREEMENT. COUNTY shall not be responsible by any amount of funding in excess of thePROJECT not to exceed amount as shown in the PROJECT SUPPLEMENTALAGREEMENT. Unless otherwise specified in the SUPPLEMENTAL AGREEMENT, CITYshall bear fifty_percentage (50%) of all DIRECT PROJECT AND PROGRAM costs~In

addition City agrees to fund all other City cost as provided herein, including, but not limited to,ROAD OR STREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITYBETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourlyaccounting system and other items as shown in this MASTER or any SUPPLEMENTALAGREEMENT.

B. Unless otherwise stated in the SUPPLEMENTAL AGREEMENT the milestones for eachproject shall be (1 preliminary and primary design mright-of-way acquisition and utilityrelocation or adjustment and Q) £onstruction. The LEAD AGENCY shall prepare an estimatedcost for each milestone. Upon approval of the cost by the other party, that party shall fund eachof the milestone by placing that amount of money in an escrow account or otherwise encumberthe funds to insure that the LEAD AGENCY will have sufficient funding available fromcurrent revenue for the timely payment of PROJECT milestone cost. The Project Managementparty may bill the other party for periodic payments for the actual amount of work completed


111Discussion draft-onlv-ll/2/00

C. In the event that the cost of the PROJECT shall exceed the Not to Exceed Amount, CITY andCOUNTY agree to either reduce the scope of construction or seek additional funding to complete theproject at the agreed upon cost share percentages. At the termination of the PROJECT, the LEADAGENCY will do a final cost accounting of the PROJECT. In the event that the amount paid by CITYexceeds its portion of the actual cost, the difference will be remitted to CITY. In the event thatadditional funds are due, COUNTY will bill CITY who agrees to pay such funds within thirty (30)days of receipt of such billing.

D. If CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoice foractual costs expended in accordance with COUNTY invoicing pvIicy.

E. Upon execution of a SUPPLEMENTAL AGREEMENT, CITY shall escrow an amountadequate for initial project costs which COUNTY may use to pay for initial professional servicesrequired for scoping, preliminary, and primary design.

Article XII. NO TmRD-PARTY BENEFICIARY ENFORCEMENT.

It is expressly understood and agreed that enforcement of the terms and conditions of this agreementand all right of action relating to such enforcement shall be strictly reserved to CITY and County andnothing contained in this agreement shall give or allow any claim or right of action whatsoever by anyother person on this agreement. It is the express intention of CITY and the County that any entityother than CITY or the County receiving services or benefits under this agreement shall be deemed anincidental beneficiary only. This agreement is intended only to set forth the contractual right andresponsibilities of the agreement parties.

Article XIII. RIGHT OF ENTRY

The CITY agrees that COUNTY shall have the right to enter upon the Project area for the timeperiod necessary for the completion of the Project. City agrees to furnish such police or otherCity personnel as requested by County for traffic control or other public safety matters at nocost to the Project or County.

Article XIV

City agrees that it has been furnished with a list of the potential PROJECTS as approved by theDallas County Commissioners Courts, subject to the agreement between the parties ofaSUPPLEMENTAL AGREEMENT. City stipulates and agrees that the Commissioners CourtOrder passed approving the projects identifies the potential PROJECT location and describesthe type of project in sufficient detail that the City is fully aware of the location and type ofprojects being considered:


112Discussion draft-onh'-/1/2/00

Article V. MISCELLANEOUS GENERAL PROVISIONS

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

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

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

D. DefaultlWaiverlMitigation. It is not a waiver ofdefault if the non-defaulting party fails todeclare immediately a default or delays in taking any action. Pursuit of any remedies set forthin this Contract does not preclude pursuit of other remedies in this Contract or provided by law.Consultant shall have a duty to mitigate damages.

E. Federal or State of Texas Funding. In the event that any work or part thereof is funded byState of Texas or U. S. Government federal funding and any statute, rule, regulation, grant,contract provision or other State ofTexas or U. S. Government law, rule, regulation or otherprovision imposes additional or greater requirement(s) than stated herein, City agrees to timelycomply therewith without additional cost or expense to County.

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

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

H. Counterparts. This Agreement may be executed in multiple counterparts, each ofwhich shallbe deemed an original, but all ofwhich shall constitute one and the same instrument.

I. Remedies

This agreement shall not be considered as specifying the exclusive remedy for any agreementdefault, but all remedies existing at law and in equity may be availed of by either party to thisagreement and shall be cumulative.

The City of , State of Texas, has executed the Agreement pursuant to dulyauthorized City Council Resolution , Minutes Dated the_._day of ,200-:.


113Discussion draft-on/v-I I /2/00

The County of Dallas, State of Texas, has executed this agreement pursuant toCommissioners Court Order Number and passed on the __day of -"200-=-_

CITY OF _

BY _

TITLE

ATTEST _CITY SECRETARY \ ATTORNEY

COUNTY OF DALLAS

BY _

LEE JACKSON, COUNTY JUDGE

APPROVED AS TO FORM:

John Dahill, Advisory Chief, Civil SectionDallas County District Attorney


November 8, 2000

TO:

THROUGH:

FROM:

SUBJECT:

114

Commissioners Court

Philip B. Scheps~ fBudget Officer ~.>

Brian PokludaBudget and Policy Analyst

Adoption of the FY2001 Capital Improvement Plan covering the Fiscal Years2001 - 2005

BACKGRQUNDDuring the FY2001 budget process, a proposed 5-year Capital Improvement Plan (CIP) wascreated to facilitate the planning of large capital expenditures such as transportation, parks andopen space, major technology, and building improvements. The plan contains all plannedcapital expenditures 21hm: than the remaining projects associated with the 1991 bondauthorizations and is consistent with the major capital financing plan that has been developedby the Court.

FmANCJAL IMPACTThe attached plan contains revenues reestimated with FY2000 final ending balance amounts and anupdated schedule for the final road bond sale. The updated debt service projection model is includedin Appendix H.

The recently-awarded Texas Historic Courthouse Program grant of $462,500 for the Old Redcourthouse renovation lms been noted and removed from the projections of the Major CapitalDevelopment Fund expenditures.

PEBlQRMANCE MEASUUSNo specific performance measures for capital projects have been developed other than schedule andbudget milestones discussed at the Major Projects Review meetings.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6~89. Fax (214) 653-6517. [email protected]

115

LEGAL IMPACTThe CIP is a planning document rather than a legal appropriation of funds. The appropriationof funds for the FY2001 projects only was included in the budget adopted on September 12,2000. The policy statements related to the tax rate and distribution of funds are included in theappendices.

RECOMMENDATIONIt is recommended that Commissioners Court adopt the proposed FY2001-2005 CapitalImprovement Plan to be used as a planning document for future capital outlays.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6589. Fax (214) 6·53-6517. [email protected]

116

DALLAS COUNTY _' 'l_'\:~'~~1~ -, .........vl\

OFFICE OF BUDGET AND EVALUATIONQQNO"1-8 P" \: \\

October 4,2000

MEMORANDUM

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Phil SchepsBudget Officer ('Jc7J

RyanBrO~Senior Budget & Policy Analyst

Payroll Management Services for the County Auditor's Office

BlcQroondThe County Auditor's Office is currently implementing an OraclelKronos based payroll system. As suchthe Auditor's Office payroll manager is actively dealing with implementation issues as they arise. Thishas left the day-to-day payroll processing without supervision. With the various end of year payrollreports needing to be produced, reconciliation of old and system information and the inputting of meritincrease effective January 1,2001, the Auditor's Office is in need of temporary payroll managementassistance. The Auditor's Office request's permission to work with professional temporary serviceagencies to locate an individual to provide the payroll assistance necessary for the next few months.

OperaUoaaI ImpactThe Auditor's Office anticipates that they will need to utilize a temporary for three days a week with theoption of more days ifnecessary, for the next few months until the newly implemented payroll system isoperating smoothly.

Fiala'... ImpmFunding for these services are anticipated to be available in the County Auditor's FY2001 budget due tosalary lag being accrued from several high level vacancies.

Afta' an individual baa been located a court order and personal seryicGS cgng! will be; dmfied It isanticipated that the Auditor's Office will need payroll assistance through April 1, 2001, for an amountnot to exceed 530,000.

Recommcad·UoIThe Office ofBudget and Evaluation recommends that the Commissioners Court authorize the Auditor'sOffice to work with professional temporary service agencies to locate an individual to provide payroll

r--. management assistance.

411 Elm Street ... 3rd Ffoor, Dallas Texas 75202...3340(214) 653...6384. Fax (214) 653...6517 • [email protected]

117

DALLAS COUNTYOFFICE OF BUDGET AND EVAr.®A~dN"Pi1 3: 42

DATE:

TO:

THROUGH:

FROM:

RE:

November 7, 2000

Commissioners Court

Philip Scheps, I'J", )Budget Officer ,~~

Rick Vooihes,Grants Planner

Rationale for Same Date Briefing and Court Order

The District Attorney's Collaborative Domestic Violence Project FY2002 cm grant applicationsare due to NCTCOGNovember 22, 2000. The complexity of putting together a project usingmultiple funding sources, the short time frame since the initial cm meetings and the requiredsubmission date necessitate the same date briefing and Court Order. A timely approval is essential,therefore, the referenced briefing and Court Order will be presented during the November 14, 2000Court.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6587. Fax (214) 653-6517. [email protected]

118

DATE:

TO:

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

November 7, 2000

Commissioners Court

THROUGH:

FROM:

RE:

Back&[Qund

Philip Scheps,Budget Officer

Rick Voorhies,Grants Planner

District Attorney's Three CJD Grant Applications for CollaborativeDomestic Violence Project(COURT ORDER ON FORMAL AGENDA)

Federal funding for the existing Family Violence program is at an end. Applicat~on is beingmade to state grant funding sources to continue the program.

The District Attorney's office is joined in a collaborative effort with 32 other local agenciesincluding local police departments, Dallas County Constables, domestic violence shelters,medical facilities, Lawyers Against Domestic Violence, the Dallas Rape Crisis Center, the DallasCounty Probation Department, the Violence Intervention and Prevention Department of ParklandHospital, the Genesis Women's Shelter, New Beginning Center, the Family Place, and theChildren First Counseling Center. The result of this broad collaboration has been the positive,direct impact on the apprehension, arrest, and aggressive prosecution of domestic violenceoffenders, and to the provision of immediate integrated services to victims.

The Commissioners Court on April 15, 1997 accepted the original OJP grant award of$1,333,951 tha~ established this collaborative project. The first supplemental award of$1,300,000 was accepted on October 13, 1998.

Recently, OBE received documentation from the Office ofJustice Programs (OJP), U. S.Department of Justice (USDOJ) for a second supplemental award. The second supplementalaward provides funding of$545,014 to extend the life of the task force to September 1,2001.The acceptance is being briefed today and will be on the formal agenda for Court Order onNovember 21 S1.


119

OBE has been notified that because the OJP grant and supplemental awards will end onSeptember 1,2001, and are non-renewable, the District Attorney's office has formulated grantapplications for funding from three sources. The grant applications are for funding from cm andhave to be at NCTCOG by November 22, 2000 for FY2002 funding to begin in 2001. Becauseof the short time frame for completion and delivery of the applications to NCTCOG, theapplications are being briefed and Court Ordered on the same date.

The purpose of this briefing is to describe activities funded by the grants, to summarize thefinancial impact of the grants, and to make a recommendation.

Program Impact

These grant applications are part of a collaborative project which includes three different grantapplications under VOCA, VAWA and Crilninal Justice PI.., 'llling Fund (421 Fund). Thiscollaborative project brings together and coordinates the family violence personnel of the DallasCounty Criminal District Attorney's office, the Dallas Police Department, the DeSoto PoliceDepartment and the Lawyers Against Domestic Violence unit of the Legal Services of NorthTexas. These agencies further collaborate and work with all other family violence serviceproviders in Dallas County including Genesis Women's Shelter, The Family Place, NewBeginning Center, the Violence and Prevention Center ofParkland Hospital, and the DallasCounty Injury Prevention Center. By coordinating needs, the project more efficiently utilizesresources and more effectively protects and serves the victims of domestic violence.

The current grant from OJP funds 9 full-time and 3 part-time positions. The three CID grantswill fund 9 full-time and 3 part-time positions. The only difference is that the GrantsAdministrator position at 25% has been converted into a PI Intern position under the VAWAgrant application.

Funding Sources

VIOLENCE AGAINST WOMEN ACT flJNP

This part of the collaborative project requests funding for 2 family violence personnel positionsin the District Attorney's (DA's) Office: a felony prosecutor and a part time intern. The felonyprosecutor is needed because the number of felony family violence cases filed and disposed of inDallas County continues to increase. The part time protective order intern is necessary to assistin interviewing victims who wish to apply for a protective order to determine if they meet thestatutory guidelines and assist the victims in filling out the paperwork and notarized affidavitstating the need for a protective order.

This grant will cover the period June 1, 2001 to May 31, 2002.


120

Funding requirements and rules for VAWA funding are $80,000 maximum award, 25% matchrequired, Indirect cost recovery allowed, no maximum number of years on grant

Total grant funding requested from cm is $74,330 that includes $59,996 for salaries and fringesand $14,334 for indirect costs recovery and has a county match of $24,776. The DistrictAttorney's Office, as lead agency, will receive and administer the grant award.

CRIMINAL JUSTICE PLANNING FUND (421 FUND)

This part of the collaborative project requests funding for 4 family violence personnel positions:a felony prosecutor, a protective order prosecutor and a domestic violence clerk in the DistrictAttorney's (DA's) Office, and a detective in the Dallas Police Department. The felonyprosecutor is needed because the number of felony family violence cases filed and disposed of inDallas County continues to increase. The protective order prosecutor is necessary because theDallas County DA's office applies for more protective orders than any other county in the Stateand the number of applicants continues to increase each year, The misdemeanor clerk position isresponsible for sending written notices ofpending charges and court information to everymisdemeanor victim of domestic violence whose case is filed with the DA's office. The DPDdetective is part of the specialized TargetJRepeat Offender program which focuses on repeat DVoffenders and on arresting defendants with outstanding family violence arrest warrants.

This grant will cover the period September 1,2001 to August 31,2002.

Funding requirements and rules for 421 funding are no maximum amount on award, no matchrequired the first year, 20% match required year 2,40% match required year 3, county to provide100% funding in year 4, indirect cost recovery allowed, 4 year maximum on grant. Matchrequired for the DPD portion of the grant will be reimbursed by DPD.

Total grant funding requested from cm is $323,876 that includes $263,334 for salaries andfringes and $60,542 for indirect cost recovery. The District Attorney's Office, as lead agency,will receive and administer the grant award.

VICTIM'S OF CRIME ACT FUNO

This part of the collaborative project requests funding for 6 family violence personnel positions:2 half time CiVIl attorneys and 2 full time family violence caseworkers in the Lawyers AgainstDomestic Violence unit ofLegal Services ofNorth Texas, a protective order clerk in the DistrictAttorney's (OA's) Office, and a family violence assistant in the DeSoto Police Department. Thecivil attorneys provide quality civil representation to family violence victims in child support,custody, visitation and protective order proceedings. The protective order clerk position isresponsible for drafting all of the legal documents that are necessary for a victim to obtain aprotective order. The DeSoto PD family violence assistant acts as a family violence victims

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6587 • Fax (214) 653-6517 • [email protected]

121

liaison for OPO.

This grant will cover the period July 1, 2001 to June 30, 2002.

Funding requirements and rules for VOCA funding are no maximum amount on award, 20%match required~ indirect cost recovery not allowed, no maximum number of years on grant.Match for the LADV portion is $8,440 and the DeSoto PD portion is $7,568. These amounts willbe reimbursed to the grant.

Total grant funding requested from cm is $211,017 for salaries and fringes and has a countymatch of $52.754. Recovery of indirect costs is DQt allQwed. The District Attorney's Office, aslead agency, will receive and administer the grant award.

Per{Qrmanee Measures

The established performance measures for the task force are:OUTPUI Measures Current Data Iariet Leyel

Pending felony cases 752 750Disposed felony cases 1,040 1,050Protective Orders requested 2,013 2,000

QUICOME Measures Current Data Iariet Leyel

Jury trial conviction rate 64% 75%Protective Orders granted 65% 65%

The Family Violence Division of the District Attorney's Office reports the followingimprovements in service:

In 1995, Dallas County disposed of 505 family violence misdemeanor assault cases. In 2000,Dallas County disposed ofover 5,600 cases.

In 1996, days ofservice to the respondent was 15 to 29 days; in 1999, that time decreased to 3 to4 days.In 1996, 51% ofrequested protective orders applied for were granted; in 1999, 76% weregranted.

In 1995, the number of family violence misdemeanor assault cases disposed of in Dallas Countywas 505. In 1996, Dallas County added a specialized court and the number ofdisposed casesincreased to 2134; in 1997, adding an additional prosecutor increased dispositions to 3188;adding a felony level prosecutor increased dispositions to 6500 in 1999. More cases being

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6587. Fax (214) 653-6517 • [email protected]

122

disposed means less wait time for victims to receive justice, swift accountability for defendants,and a higher conviction rate for the State.

The Protective Order division has also benefited from measurable improvements due to fundsbeing used to increase personnel. In 1996, the DA's office obtained 51 % of protective orders(PO's) applied for. In 1999, the DA's office obtained 76% of2013 PO's applied for.In 1998, Dallas County placed two VAWO funded social workers in the DA's office to contactvictims on every misdemeanor family violence case filed in the county. During 1999, thesecaseworkers provided assistance to an average of25 victims per day, 6 of whom were Spanishspeaking.

Fiscal Impact

The.hree grants are summarized below.FundiOi Source Grant FundsVAWA $ 74,330421 323,876VOCA 211.017TOTALS $609,223

Local Match$ 24,776

°52.754*$ 77,530

Th.1.al$ 99,110

323,876263.771

5686,757

Cash match of $21,448 will have to be added to the FYOI Budget if the grants are awarded. Theadditional match of$56,082 will have to be budgeted in EY02.

* Local cash match from LADV of$8,440 and from DeSoto PD of$7,568 will be reimbursedto grant. Actual cash match total for Dallas County will be $61,522.

Recommepdatiop

The Office of Budget and Evaluation recommends that the Commissioners Court approvesubmission of the three grant applications to the Governor's Office, Criminal Justice Division,and authorize the County Judge to sign all related documents.

Other

On today's agenda is a Briefing to accept an award from the Office of Justice Programs forfunding to continue the task force to September 1, 2001. If these three grants are not fundedand/or no other funding source is found prior to the Sept. 1,2001 deadline, either the task forcewill have to be disbanded or local funding will have to be provided. If fewer than all three arefunded, the project will have to be downsized, the difference made up from local sources, or thetask force will have to be disbanded and all awards declined.


DATE:

TO:

THROUGH:

FROM:

RE:

Backgroupd

123

November 6, 2000

Commissioners Court

Philip Scheps, ~ jBudget Officer \~

Rick Voorhies,Grants Planner

Violence Against Women Act, Grants to Encourage Arrest Policies Supplemental 2 Grant Award

On March 14, 2000, the Commissioners Court approved the application of the District Attorneyfor continued funding from the Office of Justice Programs (OJP), U. S. Department of Justice(USDOJ), for the Dallas County Domestic Violence Task Force. The Task Force has developedan aggressive and coordinated response to perpetrators ofdomestic violence and to their victims.

Recently, the Office ofBudget and Evaluation received docwnentation from the Office of JusticePrograms (OJP), U. S. Department of Justice (USDOJ) for a second supplemental award. TheCommissioners Court on April 15, 1997 accepted the original grant award. The firstsupplemental award was accepted on October 13, 1998. This second supplemental awardprovides funding of$545,014 to extend the life of the task force to September 1,2001.

The purpose of this briefing is to describe activities funded by the grant, to summarize thefinancial impact of the grant, and to make a recommendation regarding the acceptance.

Operatiop.IIDlP·ct

The District Attorney's office is joined in a collaborative effort with 32 other local agenciesincluding local police d;Partments, Dallas County Constables, domestic violence shelters,medical facilities, Lawyers Against Domestic Violence, the Dallas Rape Crisis Center, the DallasCounty Probation Department, the Violence Intervention and Prevention Department of ParklandHospital, the Genesis Women's Shelter, New Beginning Center, the Family Place, and the


124

Children First Counseling Center. The result of this broad collaboration has been the positi\'e,direct impact on the apprehension, arrest, and aggressive prosecution of domestic violenceoffender~, and to the provision of immediate integrated services to victims.

The grant funds nine full-time and three part-time positions. For Dallas County, the grant funds1 FT Grade 5 Prosecutor, 2 FT Grade 4 Prosecutors, 2 FT Grade 8 Clerical staff, and 1 FT GrantAdministrator at 25%. For other entities, the grant provides funds for these personnel, from theDallas Police Department: 1 FT Domestic Violence Investigator; from the DeSoto PoliceDepartment: 1 FT Domestic Violence Assistant; and from Lawyers Against Domestic Violence,a unit of Legal Services of North Texas: 2 FT Domestic Violence Caseworkers & 2 PT DomesticViolence Attorney's.

The grant will have no impact on current operations, i.e. no new staff or positions.

Pel :'ormapce M~3SU[eS

The established perfonnance measures for the task force are:

OUTPUT Measures Current Data Tariet Leyel

Pending felony cases 752 750Disposed felony cases 1,040 1,050Protective Orders requested 2,013 2,000

OUTCOME Measures Cqrrent Data Tariet Leyel

Jury trial conviction rate 64% 75%Protective Orders granted 65% 65%

The Family Violence Division of the District Attorney's Office reports the followingimprovements in service:

In 1995, Dallas County disposed of 505 family violence misdemeanor assault cases. In 2000,Dallas County disposed ofover 5,600 cases.

In 1996, days ofservice to the respondent was 15 to 29 days; in 1999, that time deceased to 3 to4 days.

In 1996, 51% ofrequested protective orders applied for were granted; in 1999, 76% weregranted.


125

Financial Impact

The Grants to Encouraie Arrest Policies Supplemental - 2 from the Office of Justice Programsawards $545,014 in salaries and fringes. There is no County match required and recovery ofindirect costs is not allowed. With this supplemental award, the total project amount providedby OJP since the task force inception in 1997 is $3,228,965.

The grant will have no impact on current operations, i.e. no new staff or positions.

Recommendation

The Office of Budget and Evaluation recommends that the Commissioners Court accept theaward, from the Office of Justice Planning, U.S. Department of Justice, and authorize the CountyJudge to sign all relatea grant documents.

On today's agenda is a Briefing and Court Order to make application for three grants from theGovernor's Office, Criminal Justice Division for funding to continue the task force beyond theSeptember 1, 2001 ending date for this grant. If these grants are not funded and/or no otherfunding source is found prior to the Sept. 1, 2001 deadline, either the task force will have to bedisbanded or local funding will have to be provided.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6587 • Fax. (214) 653-6517 • [email protected]

126

Date:

DALLAS CDUNnCOMMISSIONERS COURT

November 8, 2000

• - .f

To:

From:

Subject:

Commissioners Court. /'J,,~;J#

John Hennessey, MIS Director<--..e"

Oracle Civil Courts Project

Background

Commissioners Court was briefed on August 8, 2000 concerning theapproach to migrating the civil courts mainframe system to an Oracleenvironment. Interliant of Texas, formerly lSI, is a State of Texas QualifiedInformation Systems Vendor (QISV# 1-75-240-4816-600). Dallas Countywill purchase services from Interliant via the State of Texas contract andQISV program.

Phase 1 of the project has the following components:• Inventory (completed)• Vendor selection (completed)• Design (timeframe: 3 months)• Implementation

• Probate Courts (timeframe: 4 months)• Remainder of County civil courts• All District civil courts

Interliant will develop a complete design for all civil courts at a not to exceedprice of $250,000. Probate courts will be implemented first at a not toexceed price of $357,570. Probate software will be used as the model,subject to modifications as appropriate, for the other court types. Thisapproach will significantly reduce the costs of implementing the remainder ofcivil courts at the County and District levels. The implementation schedulewill be developed in coordination with the District Clerk and County Clerk.

The civil courts software will be developed in accordance with Oracleapplication software standards and conventions to facilitate bothmaintenance and marketability. Interliant intends to resell the civil courtsproduct and provide Dallas County a share of revenues up to the amount ofthe County's investment. Details are specified in the contract.

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

127Financial Impact

The Major Technology Fund currently has $1 million targeted for this project.

The contract has been reviewed by both Interliant and the District Attorney'soffice. The District Attorney's office is currently performing a final check ofthe contents of the contract.

The contract provides the following safeguards for the County:• Payments based on milestones/deliverables• A 5% retainage on each milestone payment• Complete control of the project team by the County• Termination for convenience with 30 day notice

Recommendation

It is recommended that the Commissioners Court authorize the County Judgeto sign the contract with Interliant for the purchase of services for thedevelopment of the Oracle civil courts system with funding from the MajorTechnology Fund.

4 11 Elm Street Dallas, Texas 75202 214-653-7327

-- :7Interllant·128

CONSULTING AGREEMENT

This Agreement is made as of , 2000 between Interliant Texas, Inc., 14114 Dallas ParkwaySuite.575, Dan~, Texas, 75240, (hereinafter "Consultant") and Dallas County, 411 Elm Street, Dallas, Texas 75202(heremafter "Chent").

I. GENERAL. Subject to this Agreement, Client hereby hires Consultant, and Consultant hereby agrees, toprovide the consulting services to Client as described in the Scope of Work attached hereto as Exhibit A andreferred to under Section 4 (hereinafter collectively referred to as the "Services").

2. INDEPENDENT CONTRACTOR. Consultant will perform the Services as an independent contractor ofClient and this Agreement will not be construed to create a partnership, joint venture or employment relationshipbetween Consultant and Client. Consultant will not represent itself to be an employee or agent of Client and willnot enter into any agreement on behalf of Client.

3. TERM. This Agreement will become effective, as of the date set forth above, upon its execution by Consultantand Client and will expire on October 10, 200 I unless completed earlier or extended or terminated pursuant toSection II hereinafter.

4. SERVICES. Consultant will use its reasonable commercial efforts to perform all Services in a professional andworkmanlike manner satisfactory to Client and in accordance with the applicable Statement of Work attachedas Exhibit A. Unless otherwise agreed by Consultant, Client will provide all equipment, work space, suppliesand other items necessary or appropriate to perform the Services. Consultant will perform the Services atClient's premises or such other premises that client and consultant deem appropriate. Client will permitConsultant to have reasonable access to Client's premises, personnel, computer and telephone equipment whileperforming any of the Services at Client's premises.4.1. Interliant may not assign or substitute any project team members to work under this agreement without the

permission of the Client, which agreement shall not be unreasonably withheld:.4.2. At the initiation of each phase, Client will be provided the opportunity to approve each.new project team

member4.3. At its sole discretion and upon written notice by Client to Consultant, Consultant shall replace any of

Consultant's employees or independent contractors that Client determines to be unsuitable and Consultantshall use its best reasonable efforts to replace the employee or contractor.

5. INSURANCE. Consultant will be solely responsible for obtaining and maintaining appropriate insurancecoverage for its activities under this Agreement, including, but not limited to, comprehensive general liability(bodily injury and property damage) insurance and professional liability insurance. At Client's request,Consultant will provide Client with copies of the certificates of insurance.5.1. Consultant agrees to maintain Commercial General Liability Insurance in the amount of $2,000,000 and

Umbrella Liability Insurance in the amount of S15,000,000.5.2. Consultant agrees to maintain Workers' Compensation in the limits as required by the Labor Code of the

State ofTexas

6. CONSIDERATION. Client will pay Consultant for Services rendered hereunder in accordance with ExhibitA. Consultant will submit invoices to Client for Services rendered per the milestone payment schedule (ExhibitB) and Client will remit properly payable amounts within 30 days of receipt of any such invoice. Each invoicewill describe with respect to the relevant invoice period (a) the date and payment amount and (b) a descriptionof the Milestone. The total amount payable under this agreement shall not exceed S250,000 for the Civil CourtsSystem Design and S357,570 for the Probate System Development for a total of $607,570.

6.1. Dallas County shaltpay Interliant 95% ofeach invoice submitted for Services for a milestone for whichDallas County has accepted based on mutually agreed criteria. Dallas County shall holdback 5% of thefees invoices for each Milestone (the Holdback).

6.2. Dallas County shall pay Interliant the undistributed Holdback after final acceptance in accordance with thePrompt Payment Act.

6.3. At no additional cost to Dallas County, bi-monthly status meeting will be held with the Steering Committee(unless it is mutually agreed that meetings should be held on another schedule) and Interliant until fmalacceptance, and monthly reports will be provided to the Dallas County Commissioners Court.

--- t7Interllant·129

7. REIMBURSABLE EXPENSES. Client will reimburse Consultant for the necessary and reasonable related outof-pocket expenses that Consultant may incur with prior written approval from Client in performing the Services("Reimbursable Expenses") with the exception of travel related expenses. Travel related expenses are theresponsibility of Consultant. Such Reimbursable Expenses will be paid by Client according to the same schedule asinvoices.

8. OWNERSHIP RIGHTS. The parties acknowledges that all patents, copyrights, trade secrets or otherproprietary rights in or to the work product that Consultant may create for Client under this Agreement, including,but not limited to, any ideas, concepts, inventions or techniques that Consultant may use, conceive or first reduce topractice in connection with the Services, are and will be the exclusive property of Client as a work made for hire,except as and to the extent otherwise specified in this agreement and the applicable Statement of Work. During andafter the term of this Agreement, Consultant and Client will execute the instruments that may be appropriate ornecessary to give full legal effect to this Section 8.

Upon final payment, Client shall own an undivided interest in computer software first developedpursuant to the Agreement, including all rights, interests, and title to copyrights, trade secrets, patentsand other intellectual property. INTERLIANT shall also have an undivided interest in computer softwarefirst developed pursuant to the agreemer' subject to the obligation to reimburse Client for alldevelopment costs.

The reimbursement shall be paid based on 20 percent of the associated license revenue from each subsequent saleby INTERLIANT of the software or designs attributable to the software or design for which the Client was charged- up to the point at which the Client has received a full reimbursement. INTERLIANT makes no guarantees as tothe marketability of the end solution or the number of units that can be sold. INTERLIANT will make a diligenteffort to commercialize and market the end solution to those entities with requirements similar to those of Client.Subsequent to the development and implementation project, the Client will be given the option of supporting theproduct internally or purchasing annual product support from INTERLIANT in the same manner as new purchasersof the software.

The parties will cooperate with each other and execute such other documents as may be appropriate to achieve theobjectives of this Section. INTERLIANT shall retain all right, title, and interest to any previously existing material,including any software or documentation, and grants Client a non-transferable (with the exception of successorcorporations and affiliate organizations), fully paid, non-exclusive license to use such material in connection withthe system.

With the exception of the wording in the preceding paragraph(s), nothing in the Agreement shall precludeINTERLIANT from developing for itself, or for others, materials which are competitive with those produced as aresult of the Services provided hereunder, irrespective of their similarity to materials which may be delivered toClient pursuant to the Agreement. Furthermore, it is understood that INTERLIANT shall be free to use its generalknowledge, skills and experience and any ideas, concepts, know-how, and techniques related to the scope ofINTERLIANT's consulting and used in the course of providing the Services.

9. WARRANTY. Consultant represents and warrants that Consultant will perform the Services in a goodworkmanlike and professional manner in accordance with the description set forth in the Statement of Workattached as Exhibit A. ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED(INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESSFOR PARTICULAR PURPOSE), ARE HEREBY DISCLAIMED.

10. CONFIDENTIALITY.a. ConftdeatiailaformatioL Consultant and Client acknowledge that each party may have access to certain of theother party's confidential and proprietary information and trade secrets eConfidentiai Information") in connectionwith this Agreement Each..party will take all reasonable precautions necessary to safeguard the confidentiality ofthe other party's Confidential Information, including (i) those required under this Section 10, (ii) those taken bysuch party to protect its own Confidential Information and (iii) those which the other party may reasonably requestfrom time to time.

b. Usage and Diselosure. Each party will use the other party's Confidential Information solely to fulfill thepurposes of this Agreement. Neither party will disclose, in whole or in part, the other party's ConfidentialInformation to any person, except to such party's employees or agents who require access to fulfill the purposes ofthis Agreement.

2

- ;,)Interllant·130

c. Unauthorized Use or Disclosure. Each party acknowledges that any unauthorized use or disclosure ofConfidential Infonnation may cause irreparable damage to the other party. If an unauthorized use or disclosureoccurs, s~ch party ow:ill take, at its ow~ expense, all steps ~hich are necessary to recover the other party'sConfi~enttal Inf?nnatlon ~~ to I?reven~ Its subsequent una':lthonzed use or dissemination, including availing itselfof actions for seizure and rnJUDctlve rehef. If such party falls to take these steps in a timely and adequate manner,the other party may take them at such party's expense.

d. Limitation. Neither party will have any confidentiality obligation with respect to any portion of the otherparty's Infonnation that (i) it independently knew or develops, (ii) it lawfully obtains from a third party under noobligation of confidentiality or (iii) becomes available to the public other than as a result of its act or omission.

It. EXTENSION AND TERMINATIONa. Extension. The parties may extend the tenn of this Agreement by mutual written agreement. Client shall usebest efforts to give Consultant at least 30 days notice if extension is contemplated by Client.

b. Termination for Cause. Either party may tenninate this Agreement immediately upon notice to the other party,and without prejudice to any other remedies, if (i) the other party breaches any of its obligations hereunder and failsto remedy such breach to the notifying party's satisfaction within (15) days after it demands such cure or (ii) theother party becomes insolvent or bankrupt, assigns all or a substantial part of its business or assets for the benefit ofcreditors, pennits the appoinnnent of a receiver for its business or assets, becomes subject to any legal proceedingrelating to insolvency, reorganization or the protection of creditors' rights or otherwise ceases to conduct business inthe nonnal course.

c. Termination for Convenience. Notwithstanding the foregoing or anything to the contrary contained in thisAgreement, Client may tenninate this Agreement, without cause, by giving Consultant at least 30 days prior writtennotice of tennination.

12. CONSEQUENCES OF EXPIRATION OR TERMINATION. Upon the expiration or tennination of thisAgreement for any reason, Client will promptly pay Consultant all fees and Reimbursable Expenses that may be dueand outstanding related to the Services that Consultant has perfonned, and Consultant will deliver to Client allnotebooks, documentation and all other items belonging to Client or containing the work product owned by Clientresulting from Consultant's work under this Agreement.

13. NON-SOLICITATION. Neither party shall solicit or employ, directly or indirectly, as an employee orindependent contractor, the personnel of the other party for a period of 12 months after tennination.

14. INDEMNIFICATION. Consultant shall defend and indemnify Client from and against any and all frnes,penalties, costs, damages, injuries, claims, expenses and liabilities (individually and collectively, "Liabilities")resulting from a claim or action (re,ardless of fonn of action, whether in contract or tort) for infringement of theintellectual property rights of a thud party, where such Liabilities arise out of or as a result of Consultant'sperfonnance of this Agreement. Notwithstanding the foregoing, Consultant shall not have any obligation to defendand indemnify Client for infringement of intellectual property rights of a third party where and to the extent such aclaim or action results directly from the designs, defmitions and/or instructions Client provides for the Servicesprovided by Consultant hereunder.

15. NO CONSEQUENTIAL DAMAGES. EXCEPT WITH RESPECT TO INTELLECTUAL PROPERTYINDEMNIFICATION, AS PROVIDED FOR IN SECTION 14 HEREIN, UNDER NO CIRCUMSTANCES WILLCONSULTANT OR ITS RELATED PERSONS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE,BASED ON CLAIMS OF CLIENT OR ITS CLIENTS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FORLOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, INTERRUPTION IN USE OR AVAILABILITYOF DATA, STOPPAGE OF OTHER WORK OR IMPLEMENTATION OF OTHER ASSETS), ARISING OUT OFBREACH OR FAILURE-oF EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OFCONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE.

UNDER NO CIRCUMSTANCES WILL CLIENT OR ITS RELATED PERSONS BE LIABLE FOR ANYCONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHERFORESEEABLE OR UNFORSEEABLE, BASED ON CLAIMS OF CONSULTANT OR ITS CLIENTS(INCLUDING BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OFMONEY, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK ORIMPLEMENTATION OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR

3

--- 7Interliant·131

If to Consultant:Interliant Texas, Inc.14114 Dallas Parkway, Suite 575Dallas, Texas 75240Attn. Rickey Wynn

IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, MISREPRESENTATION,NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE.

16. DISPUTE RESOLUTION. Client and Consultant agree that the following events shall apply to any disputeunder this agreement:16.1. Consultant shall continue to work on their obligations described in this agreement and shall not cease

working just because a dispute arises.16.2. Within 5 days after a party sends a written notice describing the dispute to the other party, the individuals

identified in Section 17 shall meet to resolve the dispute.16.3. If no resolution is made within 20 days following written notice, the parties shall have a mediation

conference within 10 days with a mediator acceptable to both parties, or if the parties cannot agree, amediator shall be chosen by the President of the Dallas Bar Association.

17. NOTICES. Any notice or approval required or permitted under this Agreement will be given in writing andsent by certified mail, return receipt requested, postage prepaid, to the address specified below or to any otheraddress that may be later designated in writing by prior notice. Any notice sent pursuant hereto will be deemed tohave been received 3 days after the date of its posting.

If to Client:Dallas CountyJohn Hennessey411 Elm StreetDallas, Tx 75202

18. ASSIGNMENT. Consultant may not assign or otherwise transfer this Agreement or any of its rights orobligations hereunder without Client's prior approval unless pursuant to notice and in connection with a sale,consolidation or other reorganization of Consultant's business. Client may not assign this Agreement unlesspursuant to notice and in connection with a sale, consolidation or other reorganization ofCHent's business.

19. WAIVERS. No delay or failure by any party hereto in exercising or enforcing any of its rights or remedieshereunder and no course of dealing or performance with respect thereto will constitute a waiver thereof. All rightsand remedies will be cumulative and not exclusive of any other rights or remedies.

20. AMENDMENTS. No amendment of modification of this Agreement will be effective unless made in writingand signed by both parties hereto.

20. SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable in anyjurisdiction, for any reason, then, to the full extent permitted by law (a) all other provisions hereof will remain infull force and effect in such jurisdiction and will be liberally constroed in order to carry out the intent of the partieshereto as nearly as may be possible and (b) any court having jurisdiction thereover will have the power to reformsuch provision to the extent necessary for such provision to be enforceable under applicable law.

22. Limitation on Liability. Interliant's maximum liability for failing to perform it's obligations under thisagreement shall be limited to the contract price.

22. This agreement shall be subject to the County's Soverign Immunity, Title 5, Texas Civil Praetive and RemediesCode. Exclusive venue for any legal action between the parties arising from this agreement shall be in DallasCounty, Texas.

ENTIRE AGREEMENT. This Agreement and its Exhibits constitute the complete and entire agreement betweenConsultant and Client with..cespect to the subject matter hereof and all prior or contemporaneous oral or writtencommunications, understandings or agreements between Consultant and Client with respect to such subject matterare hereby superseded in their entireties

IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date frrst set forthabove.

Dallas County ("Client")

4

Interliant Texas, Inc. ("Consultant")

-- ;,}Interliant"

By: _

Name: Lee F. Jackson

Title: County Judge

Approved as to Form:

By: _

Name: _

Title:

132

By: _

Name: _

Title: _

5

---- f?Interl1ant·

Implementation Approach

133

EXHIBIT A

Scope of Work

The Interliant team will be made up of individuals from Interliant and Dallas County working collaboratively tomeet the objectives of this project. The Interliant team is recommending a phased approach as described belowbeginning between November 15-30, 2000.

Phase I:

Design Phase:

Phast' II:

November December Januag

Probal~.>development: February March April May

The following general assumptions overlay the entire project scope:

Project Team - The Project Team will be made up of individuals from Interliant and the Dallas County district andcounty clerks offices, the county auditors office and the MIS department (SCn. The role of SCT will only be toprovide data files for conversions and access to the existing system.

Project Strategy (Applications) - This project strategy includes I) the redesign of the Civil Courts System and 2)the custom development and implementation of the Probate System. Upon completion of these deliverables thecounty will be well positioned for an additional project effort involving the replication of the probate system toreplace the remaining 12 Civil Courts applications. Those applications are as follows: Adoption & JuvenileDocking, Attorney Bar File, Bannner Courts Support, Civil Court Assignment, Civil Case Tracking, CivilFee/Docket, Civil & Family Courts, Justice of Peace Accounting I, Justice of Peace Accounting II, Passport Systemand Civil Cash System. This replication process is not included in this contract and scope of work but would beconsidered a natural add-on or extension of the processes to be performed under this scope of work. The replicationprocess for each application will involve some degree of modification and customization of the Probate systemmodel to produce each individual application.

This project plan, and prices to perform the activities involved, is based on the following task descriptions,dependencies and assumptions. Any deviations from the stated assumptions will have a direct impact on theproject's scope and cost. Changes to the scope of this project and its related tasks will be addressed and authorizedby senior members of the Project Team.

Steering Comittee - There will be one overseeing steering committee, which will serve the purpose of makingdecisions that will affect the entire scope of the project. 1-

Statement or Work· This preliminary plan is based upon the Interliant Civil Courts Inventory project and initialdiscussions held between Interliant and Dallas County, and is the basis for the initial proposed response. All pricing,work scopes, and project schedules are based on this information. Dallas County will purchase MHC softwarewhich will be utilized by the new system to produce forms and legal documents.

6

-- f,7Interliant· 134

1. INTERLIANT Project Management and Project Team

Description:This work covers the project management responsibilities related directly to the design of the Civil Courts Systemand the development of the Probate System. Interliant will provide a Project Manager who will be part of the overallproject management team and coordinate the activities of Interliant and Dallas County. This work includesmanagement of all contracted responsibilities for this project including management of the County staff whenapplicable.

Assumptions:All personnel assigned to this project (from all participating departments and organizations) will have the skills andknowledge necessary to participate in the required activities.

Civil Courts Design Pb~Internant proleet stamnaAccountifttlnagerProject Mana.•erSenior DesignerlDeveloR!rDesignerlDeveloR!rDatabase Administrator

Probate Courts DevelopmentI'roleet stamngAccount NianagerProjeetManagerSenior DesiJtaerlDeveloR!r (1)Senior Database AdministDtorDesignerlDeveloR!r (31

Risks:If County Project Team members are not knowledgeable enough about the specific Design and Developmentconcerns, or capable of successtWly carrying out project duties that affect the overall project schedule, the time andeffort for Interliant's Project Manager and Project Team could increase and would require a change of scopedocument approved by the County for the cost of these additional services.

2. Custom DevelopmeDt Stratm

DescriptioD:Custom Development Strategy will include all activities required to initiate the Oracle Design effort for Civil C~urtsSystem. During this phase, project logistics are reviewed in detail and plans are re-affinned as they were establishedduring the proposal and the preliminary project planning process. A detailed project plan is also developed.

7

-- ~Interliant· 135

an

Assumptions:All County Project Team members will be present at the kick-off meeting as critical information and materials willbe shared and discussed.

The County network and hardware must be in place and ready for the installation of software.The county is responsible for having the following software products available andinstalled: Oracle 8i , Designer 2000 and Developer 2000.

Risks:Schedule Delays: The overall magr•.. 'Ide of this project, including the many participants, will provide a greatchallenge with consideration to communications and scheduling. For this reason, the pr,-..~ct schedule clearlydefmes the number of, purpose, duration and content of the start-up m",..'tings / activities. Project delays willdirectly affect the design and implementation schedule and cost.

3. Requirements Analysis

Description:The objective of performing requirements' analysis is to obtain a clear understanding of the business processes,functions, and information required to meet the project's defmed business objectives.

The key tasks include reviewing current documentation, conducting interviews, assembling required reports,identifying potential third party vendors/interfaces, developing filelRecord data definitions, Forms defmition,conversion definition and documentation preparation.

The analysis exercises will capture information that will enable the design of the Oracle applications to specificallyaddress County needs in the Civil Courts area as well as the design of data loading and interface programs. Theanalysis will also provide the guiding information required for developing the training program if applicable.

8

-- ;)Interliant· 136

The results of the process analysis (defming activities, maps andpractices) are instrumental in guiding subsequent activities.

Assumptions:• The analysis exercises, as specifically defmed in the project schedule, will be conducted at Dallas County,

where key representatives from the user areas are located.• Dallas County will be responsible for providing data from the existing Civil Courts System as needed. This

data will need to be in the form of flat files and will need to contain all data elements required by the Oraclesystem. Dallas County will take responsibility for making sure their data is clean and scrubbed

• The Dallas County representatives will have the needed information or be able to access required information ina timely manner, such that the project schedule is not delayed.

Risks:Delays in this task can directly affect the project schedule. Data collection will involve research and collection ofCivil Courts information. In some cases obtaining this information will be fairly straightforward, but in otherinstances, time and effort will be needed to completely obtain the necessary information.

Based on process redesign, Dallas County may decide to change current codes, values, etc. to support a newprocess. In that event, it may be necessary to perform data conversion activities prior to data loading and additionaltime will have to be allocated to the tasks related to data loading.

4. Des•• Civil Courts System

Descriptio.:The design phase creates the technical specifications that will later be used to code the programs.This includes the Civil Courts application programs as well as the data loading and interface program specifications.During the analysis phase, specific attention is given to defme the parameters unique to data loading and interfacerequirements.

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--- f?Interllant·

Deliverables:

137

Uellverable uescnptlOnueslgn Uocument Key taskS:

• Enhance ERD (Entity Relationship Diag.)• Design Fonns and Reports• Design interfaces and conversion programs

5. Build Probate System

Description:This phase of the project includes developing and testing application programs, defming data conversion scope,objectives, and approach (e.g., amount of historical data, whether legacy systems available for historical research,pre-conversion data clean-up), perfonning data conversion mapping, developing and testing data conversionprograms, converting and validating legacy data, building batch irt~rfaces, testing interfaces and building CustomReports as defmed in the Requirements Analysis Phase.

Assumptions:Dallas County staff will work with the INTERLIANT Technical team to test and validate the system components.

6. Implement Probate System

Description:The objective of this phase is to provide an integrated approach to testing all aspects of the new application system.The key tasks involved in this phase include developing testing strategy (processes and integration), developingprocess focused testing scenarios, executing front-to-back business process simulation, validating the process asconfigured in the proposed system, and obtaining user acceptance of proposed configuration and freeze design ofthe new system.

Integration Test Results

System Tested Applications.Signoff

Assumptions:• Dallas County will assign the appropriate resources required to complete the test of the Oracle Probate system.

• Interliant will provide efficient error correction procedures to turn around any issues raised during the systemtesting.

10

--- f7Interliant· 138

7. System Acceptance Phase-Production Transition

Description:The objective of this phase is to migrate the company, systems, and people to the new application. The key tasksinvolved in this phase include preparing transition strategy for all aspects of the migration, verifying productionenvironment readiness, developing post conversion support strategy and support plan and cut-over to newapplications.

Documentation

Production System

Develop user and technical reference documentation.

Cut-over to production system.

Assumptions:• County implementation team will assume leadership roles in the initial site implementation activities including

on-site start-up support and on-going user training.

Total not to exceed costs for the IDterliaat Project Team:Custom Design and Development Services

11

$607,570.00

---- :7Interlianto 139

Exhibit B

Milestone Payment Schedule (Civil Courts Design)

Requirements Analysis Document Week 4 $45,000

Forms Definitions Week 5 $20,000

Reports Definitions Week 6 $20,000

Current System file Layouts Week 7 $20,000

Data Conversion Plan WeekS $20,000

Sample Test Data WeekS $15,000

Civil Courts Design Document Week 12 $S5,000

Grand Total $250,000

12

-- t7Interl1ant" 140

Milestone Payment Schedule (Probate Development)

pp ~

lIilc\IOI1C 1:.... 1. ('o/lIpldioll Dale 1:.... 1. 1'(1)'111£'111

. flllOlIlIl

. • • • n', •••

Forms Coding Week 3 $44,000

Reports Coding Week 5 $44,000

Conversion Coding Week 7 $44,000

Interface Coding Week 10 $22,000

Develop Test Plan Week 8 $22,000

Create Test Scripts Week 9 $22,000

Approved Integration Test Results Week 11 $22,000

Approved Acceptance Test Results Week 13 $44,000

User Training Week 14 $11,000

Documentation Week 14 $11,000

Production Cutover Week 14 $24,570

Post Production Support Week 16 $25,000

Est. Grand Total $357,570

13

141

November 14, 2000

MISCELLANEOUS

1) JUVENILE DEPARTMENT - requests authorization to release escrow funds in theamount of $833 to reimburse Temo Munoz, Chairman of the Hispanic ServicesCommittee, for the cost of 140 lunches provided for the Hispanic Juvenile JusticeConference held on September 22,2000. Funds are available in Escrow Fund 00523,Account 21642. There are sufficient funds raised through donations for theconference in this account to reimburse Mr. Munoz.

TIMVEL REOUESTS

2) STAFF - Dan Savage - Grant Administration Process Orientation Meeting - Austin,TX - ... November 21, 2000: $165 from General Fund, Commissioners CourtDepartment, ConferenceTravel Account, FY2001Budget, (00120.1020.04210.2001).

3) SHERIFF'S DEPARTMENT - Steve Womack - Testify in U.S. District Court inResponse to Federal Subpoena - Austin, TX - Beginning November 20,2000/Duration Not Known: $75/day from General Fund, Sheriff's cm Department,Conferences/Seminars Account, FY2001 Budget, (00120.3134.02050.2001).

4) BEAJ.,IB 4\ HUMAN SERVICES - requests:

a) Delbert ~'Tomt'Thomas - National Meeting "ImplementingRapidAssessment,Response and Evaluation (RARE) Methodology to Mobilize Communities,Redefine Risk, and Rethink Interventions" - Arlington, VA - November 30December 2, 2000 at DO cost to DaDas County.

b) Edward Bannister - The Second National Symposium on Medical & PublicHealth Response to Bioterrorism - Washington, D.C. - November 27-29,2000at DO cost to DaDas County.

142

c) Mike Granado - Provide Technical Assistance for the San AntonioMetropolitan Health District - San Antonio, TX - November 13-17, 2000:$800.50 from Grant Fund, VD Epidemiology Department, ConferenceTraining Account, FY2001 Budget, (00466.8706.02460.2001).

d) Mike Granado - Provide Technical Assistance for the San AntonioMetropolitan Health District - San Antonio, TX - November 26-December I,2000: $935 from Grant Fund, VD Epidemiology Department, ConferenceTraining Account, FY2001 Budget, (00466.8706.02460.2001).

EXCEPTION TO TRAVEL REOUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXC~PTIONS ARE CONSIDERED TO BE APPROVED

5) PROBATE CQURT <DeSHAZO) - National College Probate Judge's Conference Palm Springs, CA - November 9-10, 2000: $1,020 from Probate Escrow Fund,Probate Court Department, FY2001 Budget, (532-21667.0502.2001).

MISCELLANEOUS EQUIPMENT

1) DEPARTIAENT: 2530ITEMS:

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

Road and Bridge #31 -limb mower ($7,150)1 - blower attachment for boom mower ($2,395)$9,545Road and Bridge #3, New Program Contingency00105.2530.08610.2001 (Road and Bridge #3.Special Equipment)Road and Bridge #3 requests approval to purchasea limb mower and blower attachment for theexisting boom-style mower. These pieces ofequipment will allow brush limbs to be cutsmoothly D.iid remove debris from the roadway asit is cut. Recommended by the Office of Budgetand Evaluation.

2) DEPARTMENT: 1060ITEMS:

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

3) DEPARTMENT: 3152ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

4) DEPARTMENT: 4608ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

143

Office of Budget and Evaluation1 - notebook computer docking station withkeyboard and mouse$324General Fund, Computer Hardware Replacement00120.l060.08630.ZQQl (BudaetOffice, ComputerHardware)The Office of Budget and Evaluation requestsapproval to purchase a docking station andaccessories for use with a previously purchasednotebook computer. The combination of thenotebook and docking station will eliminate theneed to re'!'lace a poorly performing desktopcomputer. Recommended by the MIS Director.

Sheriff's Office (Cental Kitchen)Electric Pallet Jack$5,050 (within budget)Household Utensils091ZQ.3152.Q8610.'OOl (Qemnl FypQ. CentralKiteheD. Spes:ial Egyjmnent FyZQ91)Sheriffs Office Central Kitchen requestsauthorization to replace one broken electric palletjack. Recommended by the Office ofBudget andEvaluation.

County Criminal Court #8Lanier court reporter connectors and recorder$1365Contingency's, Furniture and Equipment99129.4698.08619.2001 (General Fund, CoyptyCrimiDal CQurt#8. Special eQ.UigUlCnt, FYZOO1)Judge Vic Cunningham requests authorization toreplace the court reporter transcriber in his court,The currenttranscriber is not fully operational andhas been repaired several times. Recommendedby the Office ofBudget and Evaluation,

5)

6)

DEPART:MENT: 4701ITEMS:ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 4703ITEMS:

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCES:

PROPOSED ACTION:

144

Probate Court #1Printer$1,600Within Budget

00120.4701.08630.2001 (General Fund, ProbateCourt #1, Computer Hardware, FY200 1)Probate Court #1 is purchasing a network printerfrom its DDA funds. The transfer to a capital lineitem is necessary to purchase the equipment.Recommended by the MIS Director.

Probate Court # 31- Computer Chair: $2501- Typewriter: $480$730Contingency, Furniture and Equipment00120.4703.02090.2001 - $250 (General Fund,Probate Court #3, Property less than $500,FY2001100120.4703.08610.2001 - $480 (General Fund,PrQbate Court #3, Sp,cial EQuipment. FY2001)Probate Court # 3 is requesting a replacementchair for the court reporter's office. The chair isdamaged with multiple tears and has beenrepaired with tape. The typewriter is a newpurchase for the court reporter to use incorrespondence. Recommended by the Office ofBudget and Evaluation.

IELECQMMUNICATIONS REQUESTS

Health & Human Services M-OOI0078 - requests to install two cat-5 data-lines one eachin Room 379 and Room 604 to provide access to network. Installation: $82.74; no monthlyservice increase. Recommended.

145

District Court Administratiog - requests:M-OOI0059 - to relocate line to new office, install single-line to be used with a fax andreactivate phone line at the bench. Installation: $110.85; no monthly service increase.Recommended.

M-OOI0058 - to relocate line to new office in Room 4139, install single-line to be used witha fax and reactivate phone line at the bench. Installation: 5110.85; no monthly serviceincrease. Recommended.

M-OOI0085 - to install two cat-5 data-lines in Room 4106 and the Judges chambers toprovide network access. Installation: $82.74; no monthly service increase. Recommended.

Dallas ChalleQIC M-OOI0088 - to install two new single-line phone to be used by two newemployees. Installation: $73.50; no monthly service increase. Recommended.

Cougty Clcrk - requests:M-OOII003 - to install one multi-line phone to be used by new employee. Installation:$69.25; no monthly service increase. Recommended.

M-OOII005 - to install one multi-line phone for new position in the certified copy area.Installation: $69.25; no monthly service increase. Recommended.

Probatc Court M-OOl1006 - to install a new single-line wall phone on the 2nd floor oftheRecords Building. Installation: 521.00; no monthly service increase. Recommended.

IV-I> COUrts - requests:M·OOllOO8 - to install a single-line phone in Room 702 of the George Allen CourtsBuilding. Installation: $31.50; no monthly service increase. Recommended.

M-OOIIOIO - to relocate Judges multi-line phone from Room 6121 to Room 70S on the-rt'floor oftheGeorge AIren Courts Building. Installation: $31.50; no monthly service increase.Recommended.

<;<;C ## 3 M-OOl1011- requests to install a single-line phone to allow help with high volumeof incoming calls. Installation: $31.50; no monthly service increase. Recommended.

II

146

Civil Tax Court M-OOI0091 - requests to relocate three phone lines to new office on the 3rd

floor ofthe George Allen Courts Building. Installation: $42.00; no monthly service increase.Recommended.

Funding for the above request is available from countywide Department 800, line item 432,Telephone Contingency.

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