BRIEFING AGENDA January 15,2008 REPORTS/RECOMMENDATIONS/REQUESTS 1) HUMAN RESOURCES … ·...

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DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

January 15,2008

REPORTS/RECOMMENDATIONS/REQUESTS

1) HUMAN RESOURCES/CIVIL SERVICE

PAGE NOS.

DART Proposal for Dallas County Employees CurrentlyPurchasing Monthly Passes 5

2) ELECTIONS

Renewal of Professional Services for Elections Systems 6-8

3) JUVENILE

Application for Year 10 Funding from the JuvenileAccountability Block Grant 9-11

4) PURCHASING

a) Request for Proposals for the Development of an Information TeclmologyStrategy for Dallas County, RFP No. 2007-111-2981 12-13

b) Bid No. 2008-018-3207 - Annual Contract for Haircutting Services 14-16

c) Formal Contract between Dallas County and Active Network forRFP No. 2005-015-1591 - Request for Proposals forCountywide Receipting System (CRS) 17-18

d) Options for Upgrade of Tax Office IVR System Handout

5) PUBLIC WORKS

a) SOQ 2008-010-3176 - Contract for IDlQ Subsurface UtilityEngineering Services 19

b) Murphy Road MCIP Project 22802 (Blackburn Road to S.H. 78)Supplemental Agreement to the Master Agreement GoverningMajor Capital Transportation Improvements Projects 20-42

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e) Hunter Ferrell Road MCIP Project 40704/40805(Belt Line Road to MacArthur Boulevard) SupplementalAgreement to the Master Agreement Governing Major CapitalTransportation Improvement Projects 43-78

d) SH 121 91-552/50049 (Tarrant County Line to Denton Creek)Agreement to Contribute Funds 79-82

6) IT SERVCIES

a) Jury Management System - Secure Funding 83-85(COURT ORDER ON FORMAL AGENDA)

b) Serge Klokov, Senior Developer 86-106(COURT ORDER ON FORMAL AGENDA)

c) Purchase of SAN Manager Software 107-108

d) Enterprise Agreement Implementation 109-120

7) I'LANNING & DEVELOPMENT

Evaluation of FY2007 Emergency Shelter Grant (ESG) Proposals 121-124

8) ENGINEERING & PROJECT MANAGEMENT

Garland Government Center - Design Build Project - Truancy Court Area(Proposed Change Order #5) 125-127

9) OPERATIONS

a) George Allen Jail Smoke Evacuation Testing 128-131

b) Additional Construction Materials Testing Fees forSouth Tower Jail Project 132-133

(Insert)

10) BUDGET

Addition of a Public Defender to Criminal District Court #5 134-J40

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11) COMMISSIONERS COURT ADMINISTRATION

a) Utilization of Sick Leave Accruals for BereavementLeave - Comments Received 141-145

b) Amendments to Constable Traffic ProgramPolicy - Comments Received 146-147

12) ITEMS OF DISCUSSION

a) Information N/A• Jail Population Report• Budget - Reserve Balance Report - January 9, 2008• Health & Human Services - HHS Updates

b) IT Steering Committee NIA

13) Miscellaneous, Travel Requests, Miscellaneous Equipment, andTelecommunications Requests 148-165

14) PUBLIC COMMENTS

Speakers NIA

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FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

Letter to Honorable Richard Cortese, Chairman, Continuing Education Committee, CJCA

DATES TO REMEMBER

Holiday - January 21,2008 - Martin Luther King Day

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DALLAS COUNTYHUMAN RESOURCES/CIVIL SERVICE ;"'."

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Date: January 9,2008

To: Members of the Commissioners Court

From: Mattye Mauldin-Taylor, Ph.D., Director

Subject: DART ProposaJ for DalJas County Employees Currently Purchasing Monthly Passes

BackgroundDuring the workforce investment presentation, the Human Resources/Civil Service Department presented theDART annual pass proposal. The proposal was to continue the annual E-Pass Program for employees in theRecords, Administration, George AIJen, Frank CrowJey, Forensics, and Bill Decker buildings. Lew Sterrett,Henry Wade and Health and Human Services buildings were excluded due to Jow participation and high cost.ll1e proposaJ did aIJow, however, for departments in the excluded buiJdings to purchase monthly passesdirectly from DART and sell them to employees at fifty-percent of cost, with the County absorbing the otherfifty-percent.

Effective January J, 2008, DART will offer a new program, DART FLEX Annual Pass Program, that willalJow the County to enter into contracts with DART for each building. This new program requires thepurchase of at Jeast five (5) passes for each location. The passes will be purchased at a discount rate of $480for a premium pass (currently $960) and $300 for a JocaJ pass (currently $600). The three buildingspreviously excluded from the annual pass program have at least five (5) employees per location who havebeen purchasing annual passes.

Impact on OperationsAdoption of this program wiIJ further reduce costs, provide a benefit to employees traveling downtown 10work, promote clean air and reduce traffic congestion on our roads and highways.

Strategic Plan ComplianceAdoption of this program supports Vision l--(DalJas County provides sound, financially responsibJe andaccountable governance) and Vision 4-- (Implement programs and services to address air quality andtransportation in DalJas County).

Financial ImpactApproximateJy $47,040 was budgeted to cover the projected annual cost for these buildings. Utilizing theDART Flex Annual Pass Program for tbese three buiJdings is projected to save 50% or $23,570 per year.Employees will continue to pay fifty-percent of the cost or $J50 for local and $240 for premium annualpasses.

I/

Mattye Mauldip-Taylor, Ph.D.Recommended by:

RecommendationThe Human Resources/Civil Service Department recommends Commissioners Court approve entering infOcontract(s) with DARTfor the DART's Flex Annual Pass Program for Lew Sterrett, HHS and the Henry Wadebuildings for calendar year 2008 and authorize the County Judge to sign the DART Agreement(s) on behalfofDallas County.

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K:\Briefings 2008\DART FLEX Annual Passes 121807.doc

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DALLAS COUNTY ELECTIONS DEPARTMENTBRUCE K SHERBET, ADMINISTRATOR

January 7, 2008

To: Commissioners Court

From:

Subject:

ISSUE

Bruce R. Sherbet, Elections Administrator

Renewal of Professional Services for Election Systems

On January 9, 2007 Commissioners Court approved Court Order 2007-188, whichauthorized the cost projection for the rental of Model 650 high speed ballot counters,IVotronics and Model 100 ballot counters as well as on-site support and professionalservices for the voter registration, early voting, and election day voting systems for the2007 election cycle.

The vendor, Election Systems & Software has submitted an updated cost projection forthe above referenced items for the 2008 election cycle.

FINANCIAL

Attached is a per election cost projection for on-site support and professional servicesfor the election system totaling $703,980.00, as well as the costs for the rental of Model650 high speed ballot counters, IVotronics and Model 100 ballot counters.

Payment information for the per election cost for on-site support and professionalservices for the election system is listed as follows:

March 2008 Primary - $144,582.00 (Paid by Parties)April 2008 Primary Run-Off - $91,017 (Paid by Parties)May 2008 Joint Election - $144,582.00 (Paid by election participants)June 2008 Joint Run-Off Election - $91,017.00 (Paid by election participants)November 2008 General Election - $144,582.00 (Paid by Dallas County)

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SCHEDULE

The elections scheduled for on-site support are listed as follows:

March 2008 PrimaryApril 2008 Primary Run-OffMay 2008 Joint ElectionJune 2008 Joint Run-Off ElectionNovember 2008 General Election

STRATEGIC PLAN COMPLIANCE

Approval of the renewal of professional services for elections systems is in compliancewith the County's Strategic Plan Vision 1, Strategy 1.5, "Maintain a diverse, talented andcapable workforce to execute core Dallas County functions." The use of professionalservices to assist in the election processes is also in compliance with Strategy 1.4,"because proficiencies in processes and customer focused systems will allow theCounty to better serve its taxpayers/voters/citizens."

RECOMMENDATION

It is recommended that the Dallas County Commissioners Court approve the attachedcost projection for the rental of Model 650 high speed ballot counters, IVotronics andModel 100 ballot counters as well as on-site support and professional services for thevoter registration, early voting, and election day voting systems for the 2008 electioncycle.

/) ~/- // .//A,' r' ,, / ~/ / /

Submitted for approval by: /~~/C<>J:?/.{;;IJu!/(4<.t-Bruce R. Sherbet, Administrator

2377 N. STEMMONS FRWY.. sum 820, DALLAS, TEXAS 75207214-819-6300· FAX 214-8119-6301

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2008 Cost Projection for Site Support & Professional Services

provided by Election Systems & Software

Election year

PROJECT MANAGEMENT

6 weeks On-Site for Major Elections

4 Weeks On-Site for Run-Off Elections

65,283

30 days

29,815 65,283 29,815 65,283 255,479

20 days 30 days 20 days 30 days 130

BALLOT LAYOUT & CODINGasstiance and overseeing

PRE.ELECTION MOCK ELECTION

13,783

15,317

10,180

12,600

13,783

15,317

10,180

12,600

13,783

15,317

61,709

71,151

40

Cost 3 Day On-Site Simulation ofElection Day with ES&S Support Team

3 da s 3 eo Ie each election

ELECTION DAY SUPPORT

3 Days· Technical Support3 Days, 7 people each election

VR - EARLY VOTING SUPPORT

Off-site Support on Opening of Polls

first day only.

Last Three Days of Early Voting

iVOTRONIC EARLY VOTING

SUPPORT

L&A TESTING

..ADDITIONAL SERVICE DAYS Per

day charge. 60 days to use as

needed $1470.00 ea

**Additional Service Days need tobe scheduled 1 week Prior to actual

days needing to be on site.

27,408

7,597

7,597

7,597

6,411

6,411

3,550

7,597

7,597

7,597

6,411

3,550

60

126,324

105

35,613

5

15

7,597 35,613 5

7,597 89,891 10

88,200 60

"Depending on the size of the election. As long as there are runoffs that turn on the Central Counting Station.

OptionalRental Units (Model 650) = $5,000.00 each unit

Rental Units (Model 100) = $1,500.00 each unit

Rental Units (iVotronic & PEB) = Voter - $700.00 each unit

Rental Units (iVotronic & PEB) = ADA - $750.00 each unit

Rental Units (iVotronic & PEB) = Supervisor - $500.00 each unit

Rental Units = Comm Pack - $300.00 each unit

Rental Units Printer Only = ADA - $200.00 each unit

Rental Units = Per PEB - $20.00 each unit

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Dallas CountyJUVENILE DEPARTMENT

MEMORANDUM

Date:

To:

From:

Subject:

January 2, 2008

Dallas County Commissioners Court

Michael K. Griffiths, Director

Application for Year 10 Funding from the Juvenile Accountability Block Grant

Background of Issue

Dallas County has received funding for the past nine years from the federal JuvenileAccountability Block Grant (JABG) (formerly the Juvenile Accountability Incentive BlockGrant, JAIBG) for the purpose of creating a centralized data base for juvenile records, calledthe Dallas County Juvenile Information System (JIS). Dallas County has served as the leadagency in the collaboration with other jurisdictions within the County who have pooled theirJABG funding. The JABG is administered by the State of Texas, Office of the Governor,Criminal Justice Division (CJD). Total funding for the JABG project was $1,380,831 in thefirst year, $1,869,072 in the second year, $1,814,142 for the third year, $1,930,494 for thefourth year, $1,746, 585 for the fifth year; $1,223,058 for the sixth year; $402,968 for theseventh year; $302,226 for the eighth year, and $256,366 for the ninth year.

Funding for this grant continues to be reduced each year. The City of Dallas and DallasCounty are the only two jurisdictions eligible for a combined total of $254,979. CommissionerCantrell has taken the lead on continuing the collaboration among jurisdictions. The City ofDallas has confirmed they will continue to participate and we are developing the applicationbased upon the collaboration continuing. JABG funding is not competitive, with allocationsbased upon population and crime statistics. However, CJD requires that we submit anapplication for funding by February 1, 2008. The purpose of this briefing is to requestCommissioners Court approval to submit a consolidated application for the JABG, with DallasCounty again serving as the applicant of record.

Operational Impact

The JIS is now part of the Conference of Urban Counties' (CUC) Techshare Program.Implementation of the JIS is underway in several surrounding counties, including Collin,Denton, Rockwall, Tarrant and Kaufman. EI Paso County is also using JIS. Operation and

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

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Maintenance of the JIS will be migrated to a regional environment so that all participatingcounties can share in the cost. CUC will manage the ongoing operations for the regional JIS.

Dallas County is also participating with Bexar and Tarrant Counties in the development of ajuvenile case management system (JCMS), which will be built upon the existing JISframework. CUC will also manage the development of the JCMS. Commissioner Cantrelland Randy Wadley, Assistant Director for the Juvenile Department, both serve on the JCMSOversight Board.

The Year 10 JABG award will provide for the cost of the JIS Data Analyst, a full-timeemployee of the Juvenile Department. This staff person is responsible for recordsmanagement in the JIS, including consolidating duplicate records, warrant management, andaccount maintenance. The remaining grant funds will be allocated first to Dallas County'sportion of the operations and maintenance cost for the regional JIS. The budget for 20082009 has not yet been finalized.

The JCEC Executive Committee will continue to provide local oversight and guidance forDallas County's participation in the regional JIS and and local JIS as required by the JABGfunding requirements. The Dallas County Juvenile Department serves as the administrativeentity for the Dallas County JABG Collaboration.

Compliance to Strategic Plan

This grant request complies with the Dallas County Strategic Plan, specifically, 3.1 SynergizePublic Safety Programs and Services across Dallas County - Eliminate "silos" thatcause communication and collaboration barriers for public safety.

Fiscal Impact

Information from CJD indicates that the total JABG award for the collaborative effort is$254,979 with a cumulative cash match of $28,331, for total funding of $283,310. DallasCounty's share of the award is $172,763, with an associated cash match of $19,196. Thecash match amount will be included in the FY 2009 budget request. The City of Dallas isallocated $82,216 with a cash match of $9,135, for total funding of $91,350.48. The City ofDallas will pay their own cash match. In prior years, a portion of the JABG award wasreturned to participating jurisdictions to purchase equipment and services needed to provideand/or enhance their access to the JIS. The City of Dallas has indicated a desire to receive"turn back" funds for the upcoming year.

Legal Impact

CJD requires that each jurisdiction participating in the JABG provide a formal waiverauthorizing Dallas County to apply for funding on their behalf. The City of Dallas is in theprocess of getting approval to waive those funds to us. CJD will allow us to submit anapplication by the February 1, 2008 deadline with the JABG Year 10 Application waiverpending. The grant application is submitted and certified electronically. CJD also requiresthat the Court Order authorizing the application include language confirming that DallasCounty is responsible for the grant funds and that, in the event of the loss or misuse of thegrant funds, Dallas County will return all funds to CJD in full. This assurance is standard forall CJD grants.


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Performance Measures

Currently, 92 different agencies contribute data to the JIS, including 41 police departments,14 municipal courts and 15 school districts. Forty-two agencies use the JIS as the primaryjuvenile processing system, including the following cities: Dallas, Addison, Balch Springs,Cedar Hill, Cockrell Hill, Coppell, Duncanville, Glenn Heights, Grand Prairie, Highland Park,Hutchins, Irving, Lancaster, Richardson, University Park, and Wilmer. The JuvenileDepartment, District Attorney Juvenile Division, District Clerk and Sheriff's Department allaccess the JIS.

Project Schedule/Implementation

The JIS is an ongoing project. The Year 10 funding is for the period of August 1, 2008through July 31, 2009.

MIWBE Information

M/\NBE is not applicable to the JABG grant itself.

Recommendation

It is recommended that the Dallas County Commissioners Court approve the application forYear Nine funding under the Juvenile Accountability Block Grant to the Office of Governor,Criminal Justice Division for $254,979 and authorize the Dallas County Judge as AuthorizedOfficial to sign the Grant Application Certification Form on behalf of Dallas County. It isfurther recommended that the Dallas County Judge as Authorized Official and Dallas CountyAuditor as Financial Officer sign the Grantee Acceptance Notice on behalf of Dallas County ifrequested grant funding is awarded.

Recommended by:


DALLAS COUNTY

PURCHASING DEPARTMENT

January 15, 2007

1 2

3: 04

TO:

THROUGH:

FROM:

SUBJECT:

Dallas County Commissioners Court~/\ rP-!J

Shannon Brown, Purchasing Agent '1)6\V

Linda Boles, Purchasing Supervisor

Request for Proposals for the Development of an Information Technology Strategy for Dallas

County, RFP No. 2007-111-2981

Background/IssueOn July 23, 2007 and by authorization of the Commissioners Court, ten (10) proposals were received and opened

for the aforementioned RFQ. The ten (l0) firms submitting proposals were as follows: AT&T, Ciber Texas,

Clearview Management Consultants, EGov Consulting, Farr Systems, Gartner, IBM, Microsoft, Plante & Moran,

PLLC and Sierra Systems. The purpose of this briefing is to recommend the firms determined susceptible for

award consideration and authorize staff to proceed to step two of the approved High Technology procedures

established for RFP No. 2007-111-2981.

On November 20,2007, the Purchasing Department briefed the Commissioners Court with the recommendation

to render Ciber Texas, EGov Consulting, Farr Systems, Gartner, Plante & Moran, PLLC and Sierra Systems

susceptible firms for award consideration and authorize staff to proceed to step two ofthe RFP process. On

November 27,2007, Court Order No. 2007-2374 was authorized by the Commissioners Court advancing the

aforementioned six firms to Step 2 of the RFP process (interviews and Best and Final Offers/Contract

Negotiations).

The purpose of this briefing is to present the Evaluation Committee's unanimous award recommendation on the

firm evaluated and rendered to offerthe best value to the County with respect to RFP No. 2007-111-2981 Request

for Proposals for the Development of an 1nfonnation Technology Strategy for Dallas County.

Operatianal ImpactOn November 21,2007, Best and Final Offer letters were sent to each of the six firms requesting responses to six

key negotiation points. The negotiation points were as follows:

I. Elaborate on your technical/methodology and implementation planitimeline based on a "notice to proceed date" of

February 1,2008.2. Provide examples ofprior strategic plans your firm has developed.

3. Have there been any changes to key personnel proposed for this project? If so, please provide updated resumes.

4. Elaborate on your cost fees. What percentage of the hours will be based on "on-site" participation?

5. What if any changes are there to your MIWBE participation documents?

6. Draft contract outlining standard requirements, terms and conditions ofwhich your firm will need to comply with.

Please review and provide any comments and/or exceptions. (Note: The draO contract was not available at time

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o(tronsmission. It will be sent during week o(November 26, 2007.)

Cost Quotation Assumptions• Pricing will be valid for 180 days from the date of submission.• Be clear about what products and services are included in the price.

On December 4 and 5, 2007, the Evaluation Committee met with each of the finns to discuss their BAFOresponses.

On December 12, 2007, the committee members met to discuss the findings of the interviews/BAFO responsesand vote which finn offered the best value to the County. The evaluation committee unanimously voted thatEGov Consulting offered the best overall proposal.

Legal ImpactThis solicitation was conducted under Local Govemment Code 262.030. In accordance with the languageoutlined within this section and made part of the proposal, the contents of all proposals are to be kept confidentialuntil such time that a contract is awarded. A summary of the commjttee~s unanimous recommendation has beenprovided to the Commissioners Court for their exclusive viewing. Should the Commissioners wish to discuss anyof these matters and/or have legal questions to pose to counsel they may do so in closed session pursuant to TexasGovernment Code §551.0725 and/or 551.071 (1 )(b).

RecommendationThe Purchasing Department recommends that the Commissioners Court accept the Evaluation Committee'srecommendation to render EGov Consulting as the susceptible finn for award consideration and authorize staff toproceed with entering into fannal contract negotiations for RFP No, 2007-111-2981 Request for Proposals for theDevelopment of an Infonnation Technology Strategy for Dallas County

Should the Court concur a Court Order will be scheduled on the next available Fomlal Agenda.

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DALLAS COUNTYPURCHASING DEPARTMENT

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TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court JShannon Brown, PurchasingAgen~ U

Gloria Torres, Senior Buyer

Bid No. 2008-018-3207 Annual Contract for Haircutting Services

BackgroundDallas County Commissioners Court authorized the Purchasing Department to open BidNo. 2008-018-3207 Annual Contract for Haircutting Services on November 12,2007.The hair cuts will be provided to juveniles at the Detention Center, Medlock Center, andYouth Village. The Purchasing Department received six (6) bids from the followingfirms: Cathy's Expert Cuts, Freestyle, The Omega Cut, Reo Bowman, PrintissRichardson and Soma Business Services. The purpose of this briefing is to make arecommendation of award to the lowest compliant bidder for the Medlock CenterlYouthVillage complex.

Operational ImpactThe bid specifications were different for the Detention Center and the MedlockCenterlYouth Village complex due to the different populations served at the facilities(short vs. long-term lengths of stay and male and female residents vs. all malepopulation). The service for the Detention Center is recommended for award to the lowbidder (The Omega Cut) at a cost of $5.00 per hair cut or styling.

The low bidder for each facility was required to provide their license certificates,complete a background check and was given an opportunity to go out to the facility andperform haircuts to ensure they could perform as required.

The bid requirement for the Medlock Center and Youth Village specified that haircuts bedone on Sunday and on Monday, respectively, within a four to five hour span on a biweekly basis. This requirement was necessary due to each facility's existing schedule oftreatment services and activities. The barber for the Medlock Center and Youth Villageis required to perform an average of 96 haircuts in a four to five hour time period. Thelow vendor, Reo Bowman, performed the required 96 haircuts but it took approximately7 Yz hours. Mr. Bowman has requested that he be allowed to cut hair on a weekly basisfor 48 residents each week (copy of request attached). Due to scheduling constraints, thisrequest is unacceptable to the department.

509 Main Street, Suite 623, Dallas Texas 75202-3340(214) 653-7431. Fax (214) 653-7878. [email protected]

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The next low bid is a tie between The Omega Cut and Freestyle. Both vendors have beenutilized by the facility in the past and can perform the hair cuts under the requiredschedule.

Financia9'ImpactThe table below provides the total bid amounts for each of the three (3) vendors. Thecost difference is $7,176.00.

Vendor Proposed Cost

Reo Bowman ($3.50/cut) $ 16,744.00Freestyle ($5.00/cut) $ 23,920.00The Omega Cut ($5.00/cut) $ 23,920.00

Legal ImpactLocal Government Code 262.027(c) requires notification to vendors proposing a lowerprice and not being recommended for award. Mr. Bowman was notified of thisrecommendation on January 9, 2008 via email and the US Postal Service.

RecommendationThe Purchasing Department, in conjunction with Medlock Center and Youth Village,recommends that Bid No. 2008-018-3207 Annual Contract for Haircutting Services beawarded to Freestyle or the Omega Cut as determined by Commissioners Court in theevent of a tie bid. A court order will be scheduled for the next formal agenda pending theresult of the tie bid award.

From:To:Date:SUbject:

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"R Bowman" <[email protected]>"Gloria Torres" <[email protected]>12/17/2007 11:08:16 AMRe: Bid for Haircutting Services

no, please mail to P.O. Box 35193 Dallas, TX 75235

----- Original Message -----From: "Gloria Torres" <[email protected]>To: <[email protected]>Sent: Thursday, December 13, 2007 9:29 PMSubject: Re: Bid for Haircutting Services

Mr. Bowman do you have a fax number?

»> "R Bowman" <[email protected]> 12/11/07 8:00 PM »>December 12, 2007

Gloria Torres

Purchasing Dept.

Reg: Bid for Hair Cutting Services

Ms. Torres,

Per our conversation yesterday, you requested that I withdrawal my bid underthe condition that I was not able to complete the haircuts requested in theoriginal time allowed at Medlock Treatment Center. In regards to that, I donot wish to withdrawal my bid for haircutting services, and these are mythoughts.

I did all 96 haircuts in 7 hours. I am willing to come in on a weekly basisinstead of bi-weekly as Medlock originally stated in their requirements.That accorr~odation would allow me to cut 48 residence (2 sections) everyweek in 3~ to 4 hours. This would also be a great money saver for Dallas

County.

The decision to contract a barber was due to the fact that Dallas County waspaying out too much money for haircuts. If saving time is more importantthan saving money, I feel that Dallas County may be defeating it's purposeon having the haircut contract up for bid.

There are times when some changes must occur for the benefit of savingmoney_ I am willing to make the necessary scheduling changes to accommodateall three facilities. It may be beneficial for the facilities to make a fewaccommodations as well.

If you wish to decline my bid, you may do so based on your evaluations. I amhopeful that you will reach the best decision possible for Dallas County.

Thank you for your consideration.

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DALLAS COUNTYPURCHASING DEPARTMENT

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January 15,2008

TO:

THROUGH:

FROM:

The Honorable Co~~ss;:;rs Court

Shannon S, Brown~1::)Purchasing Agent

Gloria McCullochPurchasing Contract Supervisor

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SUBJECT: Fonnal Contract between Dallas County and Active Network for RFP No, 2005-015-1591 Requestfor Proposals for Countywide Receipting System (CRS)

BackgroundDallas County Commissioners Court, at their regularly scheduled session on March 6, 2007, with Court Order 2007531 approved the award recommendation of the evaluation committee for RFP No, 2005-015-1591 Request forProposals for Countywide Receipting System (CRS) to the highest rated and lowest overall cost finn (ActiveNetwork) with average score of 81.5. The Court further authorized the County Treasurer, County Auditor,lnfonnation Technology Services, Office of Budget and Evaluation, Purchasing Department, and District Attorney'sOffice - Civil Division to negotiate the final terms and conditions of the contract on behalf of Dallas County forapproval by Commissioners Court, On January 08, 2008, the final negotiated contract was presented IT SteeringCommittee for review and comments. The purpose of this briefing is to recommend approval of the fonnal contractagreement between Dallas County and Active Network.

Operational Impact and Contract HighlightslExceptionsThe main objective of the Countywide Receipting System is to provide standardized cashiering capabilitiesthroughout the County, integration into all County financial systems, centralized receipt transactions, and real timereporting capabilities at all levels of responsibility while at the same time reducing its long term costs by increasingrevenues to Dallas County through a robust collection system.

Contract Highlights

Project Management: Within sixty (60) days after execution of the contract, Active Network will provide a Statementof Work for review and approval by County. Included in this Statement of Work, are the names and contactinformation for the persons designated by each party as their initial respective Project Managers. The ProjectManagers will be responsible for the management and implementation of this contract and to serve as the primarycontact for each party.

Thirty (30) Day Pilot and Department Rollouts: Upon the deployment of each phase as set forth in theImplementationJProject Plan, the County will begin the Operational Use Period, which will consist of the operationby the County ofthe Licensed Software for the County's business purposes. The Licensed Software will be deemedto have successfully completed Operational Use Period when it has operated for a period ofthirty (30) consecutivecalendar days without a Critical Program Error with respect to the Specifications.

Documentation; Active Network shall provide to County documentation, in electronic format, sufficient to allowCounty to utilize the Licensed Software in accordance with the Specifications (at a minimum to include configurationdocumentation, technical specifications for the data base, user documentation, and training documents).Additionally, Active Network will provide documentation including electronic materials in Word format to enablethe County's technical staff to support, configure, and test the License Software with County allowed updating,

509 Maitt Street, 6th Floor, Suite 623, Dallas Texas 75202-3340(214) 653-7431 • Fax (214) 653-7449 • gwebb@dallascouttty,org

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Fees and lnvaicing Payment Terms: Software License (Based on Contract Amount Stated in BAFO) - $200,000

Delivery:

Initial Installation:

Completion of Verification and Review asset forth in Section 9

Completion of Final Operational Use Periodset forth in Section 10

5%

20%

50%

25%

Fees and Invoicing Terms: Services (Based on Contract Amount Stated in BAFO) - $150,000 + expenses

Phase I - BPR, Software Installation and ProjectPlanning:

Phase 2 - DC Roll out:




Contract Exceptions

15%

15%

20%

25%

25%

In lieu ofa perfonnance hond, Active Network has requested that Dallas County holdback fifteen percent (15%) ofthe total contract value. The percentage of the holdback shall remain fixed at 15%; however the dollar amount of theholdback is subject to increase ifthe total value of the contract increases. The holdback shall not be released until theintegrated cashiering system has been implemented and is live within the County. The 15% holdhack of payment isbased percentage amount outlined in Section 6 - Fee and Invoicing, Section 10 - Thirty (30) Day Pilot andDepartment Rollouts and Exhibit D.

Strategic Plan ComplianceBy executing the fonnal contract agreement hetween Dallas County and Active Network, Dallas County wouldundertake Vision 5 ofthe Strategic Plan. The CRS project is essential because ofproficiencies in processes and is acustomer focused system which will allow the County opportunity to better serve the citizens and taxpayers ofDaJIasCounty.

Financial ImpactThe entire Countywide Receipting Project has a budget of $2 million through the major technology fund, whichincludes project management, equipment, and the proposed contract services. The initial cost under the proposedcontract is projected at $366,500.00 which includes software license, installation and training. The hardware is notincluded in this agreement. Dallas County has historically purchased hardware through existing contracts for morefavorable pricing. By the roll out of Phase 3 of the project, it is estimated that 30% of the system will be fullyimplemented and operational for use by the County.

RecommendationIt is recommended that the Dallas County Commissioners approved the fonnal contract agreement hetween DallasCounty and Active Network, as written and negotiated by Dallas County staff members.

Should the Commissioners Court concur with the recommendation a Court Order will be submitted at the next fonnal

agenda.

1 9

qy~~()~0\Itj,,' '~~,,;r;. \~ \ ~:-,\. '~~,

(~,(I'*]I)~) DALLAS COUNTY\U>~/ PUBLIC WORKS.~ Of .;..:/

December 17, 2007MEMORANDUM:

iTY•.1 , I

Commissioners Court

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

SUBJECT: SOQ 2008-010-3176, CONTRACT FOR IDIQ SUBSURFACE UTILITYENGINEERING SERVICES

BACKGROUND:Indefirrite Delivery, Indefirrite Quantity (IDIQ) contracts have been working well for Public Works forsubsurface utility engineering services for the last few years. The IDIQ contract has streamlined PublicWorks procedures and enhanced our project delivery system. The County Two-Step Selection Processas per Dallas County Architectural and Engineering Selection Policy was implemented to select a firm toperform Subsurface Utility Engineering (SUE) services. Gorrondona & Associates, Inc., the currentvendor, has also been selected from the panel offive SUE firms interviewed for SOQ 2008-010-3176.

FUNDING IMPACT:As with the other IDIQ contracts, each work order will be paid for from the department or project fundsfor which the work is done. Work Load analysis results in the beliefthat one firm under contract shouldbe sufficient for project needs in the near future.

IMPACT ON OPERAnONSThe monetary savings realized by using SUE effectively are said to be 1:7 on a national average. That isseven dollars saved for ever one dollar spent on SUE. By Public Works using this tool and partneringwith its city partners the project is saved seven times the cost of the SUE but much time and effort isalso saved by redesign before the project goes to construction. Dallas County Public Works is takingutility management to the next level and the SUE at early stages ensures effectiveness.

IMPACT ON SCHEDULE:IDIQ contracts have proven to give Dallas County a faster turn around on particular needs therebyenhancing project delivery speed.

214-653-7151Dallas, Texas 75202

RECOMMENDATION:It is therefore recommended that with Commissioners Court approval a court order be placed on thenext formal agenda authorizing a contract for said Subsurface Utility Engineering Services withGorrondona & Associates, Inc.RECOMMENDED BY:

to-QQ (Lt~Donald R. HolzwarthDirector ofPublic Works

4I1 Elm Street, 4th Floor

20

DALLAS COUNTYPUBLIC WORKS r" '1"

c~ •

. , .... "

January 7, 2008

MEMORANDUM

TO: Commissioners Court

THROUGH: Mke Cantrell, Commissioner District No.2

FROM: Donald R. Holzwarth, PEDirector ofPublic Works

SUBJECT: MURPHY ROAD MCIP PROJECT 22802(Blackburn Road to S. H. 78)SUPPLEMENTAL AGREEMENT TO THE MASTERAGREEMENT GOVERNING MAJOR CAPITALTRANSPORTATION IMPROVEMENT PROJECTS

BACKGROUND

Murphy Road MCIP Project 22802 from Blackburn Road to S. H. 78 was selected in the third callfor projects for the Major Capital Improvement Program for Program Year 2008. The project islocated in Road and Bridge District 2 and in the City of Sachse. Dallas County and the City ofSachse entered into a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJORCAPITAL IMPROVEMENT PROJECTS pursuant to Court Order 2001-814 dated April 24, 2001.

The City of Sachse has Council approval of the SUPPLEMENTAL AGREEMENT TO MASTERAGREEMENT for the specific project named above and is ready for County execution. DallasCounty will be the LEAD AGENCY for the project from commencement ofplanning to completionof construction.

FINANCIAL IMPACT

By execution ofthe attached agreement, the City has agreed to participate on at least a fifty/fifty basiswith Dallas County. The MASTER AGREEMENT specifies sharing funding ofstandard basic streetdesign with cities' funding of amenities above and beyond the basic design.

IMPACT ON SCHEDULE AND OPERATIONS

In order for Murphy Road MCIP Project 22802 from Blackburn Road to S.H. 78 to beginconstruction in the Winter of 2008/2009 it is desirable to have the City of Sachse committed tofunding and design criteria for the project. The MASTER AGREEMENT clearly defines County andCity partnerships and roles.

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

21

Commissioners CourtJanuary 7, 2008Page Two


The County has worked with the City of Sachse, the City of Garland, and numerous agencies andutilities on this project which is consistent with Vision 1: Dallas County is a model interagencypartner.

This project will improve County transportation and other infrastructure which is consistent withVision 4: Dallas County proactively addresses critical regional issues and Vision 5: DallasCounty is the destination of choice for residents and businesses.

RECOMMENDATION

It is recommended that the County Judge be authorized and directed to execute the attachedSUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNINGTRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS FOR MURPHYROAD MCIP PROJECT 22802 FROM BLACKBURN ROAD TO S.H. 78 with the City ofSachse. If Commissioners Court is in agreement, a Court Order will be placed on the next regularagenda authorizing the execution of said agreement.

Approved by:

Donald R. Holzwarth, P.E.Director ofPublic Works

L:Ji11JLM/dlc

Attachments (Supplemental Agreement)

cc: John L. Mears, P.E.

S'tATE OF TEXAS

COUNTY OF DALLAS

§

§

22

DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAMPROJECT SUPPLEMENTAL AGREEMENT

TO THE MASTER AGREEMENT GOVERNINGMAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

The City of Sachse, Texas, hereinafter called "CITY", and the County of Dallas, Texas,hereinafter called "COUNTY", desire to enter into a PROJECT SUPPLEMENTAL AGREEMENT,hereinafter called "PSA", in order to contract for the implementation of the Major CapitalImprovement Project authorized by Court Order 2001-814 dated April 24, 2001 which approvedspecified projects including MURPHY ROAD MCIP Project 22802 from BLACKBURN ROAD toS.H. 78, hereinafter called "PROJECT".

WHEREAS, the COUNTY has requested that it be designated as the LEAD AGENCY for theproject and will provide the Project Manager; and

WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE and TEXASTRANSPORTATION CODE ARTICLE 251 provides authorization for local governments to contractwith each other for the performance of governmental functions and services, and joint funding ofroador street projects.

NOW THEREFORE THIS. PSA is made by and entered into by the CITY, and theCOUNTY, upon and for Ten Dollars ($10.00) the receipt and sufficiency of which is confessed andacknowledged for the mutual consideration stated herein.

WITNESSETH

ARTICLELPROJECT SUPPLEMENTAL AGREEMENT

This PSA is to specifically identify the PROJECT, changes in the rights and responsibilities of each ofthe parties as set forth in the MASTER AGREEMENT and additions thereto as incorporated herein.This PSA will be an addition to the MASTER AGREEMENT and incorporate each of its terms andconditions. All terms of the MASTER AGREEMENT remain in full force and effect except asmodifieo herein. In the event of any conflict between the MASTER AGREEMENT and this PSA, thisPSA shall control.

ARTICLE IIINCORPORATED DOCUMENTS

This PSA incorporates, as if fully reproduced herein word for word and number for number, thefollowing items:

PSA-City ofSachse-Murphy Rd. 06-07

1

23

1. MASTER AGREE.MENT authorized by County Commissioners Court Order 2001- 814 datedApril 24, 2001, and additions thereto as incorporated herein.2. Project Scoping Sheets, as shown in ATTACHMENT "N'.3. The Pre-Design Charrette MEMORANDUJ\1 OF AGREEMENT between City and County, asshown in ATTACHMENT "B"; The MEMORANDUJ\1 OF AGREEMENT between the Cityand County was produced by the collective effort of all parties at the Pre-Design Charrette heldfor this project on the 14th day of December, 2006. Together with ATTACHMENT "A", itdefines the scope of the project, with an agreed upon preliminary alignment and the specific

right-of-way to be acquired.4. CURRENT COST ESTIMATES AND FUNDING SOlJRCES, as shown in ATTACHMENT

5. PROPOSED PROJECT SCHEDlJLE, as shown in ATTACHMENT "D".6. Pre-Design Charrette Sign-In Sheet, ATTACHMENT "E".

ARTICLE illTERM OF AGREEl\1ENT

This PSA becomes effective when signed by the last party whose signing makes the respectiveagreement fully executed (The "Effective Date") and shall terminate upon the completion andacceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions inthe MASTER AGREEMENT, Article IV. Section 1, Termination.

ARTICLE IVPROJECT DESCRIPTION

This PSA is entered into by the parties for public transportation improvements to MURPHY ROADProject 22802 from BLACKBlJRN ROAD to S.H 78, as more specifically described inATTACHlVffiNT "A", Project Scoping Sheets. This project will facilitate the movement of publictransportation to benefit both the CITY and COUNTY. The CITY has and hereby does give itsapproval for expenditure of COUNTY funds for the construction, improvement, maintenance, or repairor a street located within the municipality.

Article VFISCAL FUNDING

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availabilityof COONTY funding for each item and obligation contained herein. CITY shall have no right ofaction against the County of Dallas as regards this PSA, specifically including any funding byCOUNTY of the Project in the event that the COUNTY is unable to fulfill its obligations under thisPSA as a result of the lack of sufficient funding for any item or obligation from any source utilized tofund this PSA or failure of any funding party to budget or authorize funding for this PSA during thecurrent or future fiscal years. In the event of insufficient funding, or if funds become unavailable inwhole or part, the COONTY, at its sole discretion, may provide funds from a separate source orterminate this PSA In the event that payments or expenditures are made, they shall be made fromcurrent funds as required by Chapter 791, Texas Government Code.

PSA~City ofSachse-Murphy Rd. 06-07 2

24

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availabilityof CITY funding for each item and obligation contained herein. COU1\'TY shall have no right ofaction against thl'l CITY as regards this PSA, specifically including any funding by CITY of thePROJECT in the event that the CITY is unable to fulfill its obligations under this PSA as a result of thelack of sufficient funding for any item or obligation from any source utilized to fund this PSA orfailure of any funding party to budget or authorize funding for this PSA during the current or futurefiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, theCITY, as its sole discretion, may provide funds from a separate source or terminate this PSA. In theevent that payments or expenditures are made, they shall be made from current funds as required byChapter 791, Texas Government Code.

ARTICLE VIAGREEMENTS

COlJ'NTY AND CITY DO COVENANT AND AGREE AS FOLLOWS

1. COUNTY will be the LEAD AGENCY for the PROJECT.

2. CITY and COUNTY mutually agree that the PROJECT limits are 1\1URPHY ROAD fromBLACKBURN ROAD to S.H 78.

3. The agreed upon STMTDARD BASIC PROJECT DESIGN for the project is as defmed in theProject Scoping Sheets, ATTACHMENT "A". Such design shall be the STANDARD BASICPROJECT DESIGN for the PROJECT and specifically does not include PAVING andDRAINAGE AMENITIES or UTILITY BETTERMENTS as defined in the MASTERAGREEMENT.

4. Results from the Pre-Design Charrette are included in the MEMORANDUM OF AGREEMENTas attached hereto as ATTACHMENT "B".

5. The PROJECT will require the acquisition of road right-of-way within specific right-of-wayalignment which is specifically all real property needed or convenient for roadway purposes asshown in the PROJECT design or right-of-way plans and specifically includes all real propertyoutside of the designed right-of-way needed or convenient to the construction, drainage,interface with adjoining streets or alleys, driveways or other access ways or other PROJECTpermanent or temporary easements which is approved by CITY and COUNTY. Such right-ofway acquisition shall be the responsibility of the COUNTY as LEAD AGENCY, and shall befunded as part ofPROJECT costs.

ARTICLEVllCITY COVENANTS AND AGREES AS FOLLOWS

1. To execute the necessary agreements for the implementation of design and construction of thePROJECT mutually agreed upon and incorporated herein by this PSA.

2. This PSA is CITY approval of the preferred alignment, proposed estimated budget and fundingas shown in the CURRENT COST ESTIMATES AND FUNDING SOURCES,ATTACHMENT "C", and commitment to meet PROJECT funding for each milestone asspecified in the attached :MEMORANDUM OF AGREEMENT.

PSA.City orSachse-MurphyRd. 06-07

3

253. If the CITY requests COUNTY to add relocation or adjustment of CITY UTILITIES orUTILITY BETTERMENTS, as defined in the MASTER AGREEMENT, CITY covenants andagrees that it will pay 100% ofthe costs ofthese additions.4. The CITY agrees that COUNTY may include any such item as an optional item to theconstruction bidding. CITY further agrees to review the bids submitted, the bid specifications,quantities, bid amount and any other item the CITY shall choose to review and furnish a writtenacceptance or rejection of the bid within ten (l0) days. In the event the bid is accepted, CITYagrees to encumber an amount adequate for the total estimated project costs as indicated inATTACHMENT "C". No optional PAVING and DRAINAGE AMENITIES, relocation oradjustment of CITY UTILITIES or UTILITY BETTERl\'1ENT construction contract orbid will be accepted without full payment of the bid amount by CITY. In the event thePAVING and DRAINAGE AMENITIES or UTILITY BETTERMENTS bid is rejected, it willnot be included in the construction contract.

ARTICLE VIII.COUNTY COVENANTS AGREES AS FOLLOWS

County shall be the LEAD AGENCY for this PROJECT. COUNTY will provide projectmanagement ofthe Project from commencement ofplanning to completion of construction.

ARTICLElX.F'Ul\1])ING

I. COUNTY and CITY mutually agree to proportionately fund the DIRECT PROJECT andPROGRAM cost as follows.

2. The CITY will be responsible for the current estimated project costs for paving and drainageimprovements as indicated in ATTACHlv.ffiNT "C~', which is currently estimated not to exceedTwo Million, Nine Hundred Thousand Dollars and 00/100 dollars ($2,900,000.00). If thetotal PROJECT costs excluding paving and drainage amenities or utility betterments shouldexceed this amount, the CITY and COUNTY agree to amend the project's scope to remainwithin the current estimated Not To Exceed amount or to be responsible for their respectiveestimated share (50% CITY and 50% COUNTY) of all County Commissioners Court approvedadditional PROJECT costs.3. CITY agrees to encumber an amount adequate for total estimated project costs as determinedprior to the commencement of each PROJECT milestone as determined by COUNTY within 30days of notification by COUNTY. The CITY will pay PROJECT costs as invoiced by theCOUNTY in accordance with the Texas Prompt Payment Act.4. COUNTY agrees to provide funding for the PROJECT in the Not To Exceed Amount of TwoMillion, Nine Hnndred Thousand Dollars and 00/100 dollars ($2,900,000.00). Project costsmay include all COUNTY project delivery costs including but not limited to preliminaryscoping and research, preliminary design services, special services, primary design services,inspection, laboratory services and construction.5. CITY covenants and agrees that it has directed COUNTY to include PAVING and DRAINAGEAMENITIES, UTILITY BETTERMENTS as defined in the MASTER AGREEMENT andrelocation or adjustment of CITY UTILITIES in the PROIECT. CITY and COUNTY ~gree

PSA-City ofSachge-MurphyRd. 06-07

4

26

that CITY, in addition to the above listed PROJECT cost, shall pay 100% of each item and alladditional County DIRECT PROJECT and PROGRAM COST for the inclusion of such items intheP:ROJECT.

ARTICLE XMISCELLANEOUS

A. No Third Party Beneficiaries, The terms and provisions of this PSA are for the benefit of theparties hereto and not for the benefit of any third party. It is the express intention of CITY andCOUNTY that any entity other than CITY or COUNTY receiving services or benefits under thisPSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth thecontractual right and responsibilities ofthe parties hereto.

B. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity ofCOUNTY and Governmental Immunity of CITY, Title 5 of the Texas Civil Practice andRemedies Code, as amended, and all applicable Federal and State Law. This PSA shall begoverned by and construed in accordance with the laws and case decisions ofthe State of Texas.Exclusive venue for any legal action regarding this PSA filed by either CITY or COUNTY shallbe in Dallas County, Texas.C. Notice. Any notice provided for in this Agreement to be given by either party to the other, shallbe required to be in writing and shall be deemed given when personally delivered, or two (2)business days after being deposited in the United States Mail, postage prepaid, certified,returned receipt requested, or registered addressed as follows:

To County:

To City:

County ofDallasMr. Donald Holzwarth, P.E.Din~ctor ofPublic WorksDalIas County Administration Building411 Elm Street, Fourth FloorDalIas County, Texas 75202-3389

City of SachseMr. KevinR Glovier, P.E.City Engineer6420 Sachse RoadSachse, Texas 75048

Either party may change its address for notice by giving the other party notice thereof.

D. Assignment. This PSA may not be assigned or transferred by either party without the priorwritten consent ofthe other party.E. Binding Agreement; Parties Bound. This PSA has been duly executed and delivered by bothparties and constitutes a legal, valid and binding obligation of the parties, their successors andpermitted assigns.

F. Amendment. This PSA may not be amended except in a written instrument specificallyreferring to this PSA and signed by the parties hereto.PSAwCitv ofSachse-Murolrv Rd 06-07 5

27

G. Number and Gender. Words of any gender used in this PSA shall be held and construed toinclude any other gender and words in the singular shall include the plural and vice versa, unlessthe context clearly requires otherwise.H. Effective Date. This PSA shall commence on the Effective Date. The Effective Date of thisPSA shall be the date it is executed by the last of the parties. Reference to the date of executionshall mean the Effective Date.1. Counterparts. This PSA may be executed in multiple counterparts, each of which shall bedeemed an original, but all ofwhich shall constitute one and the same instrument.1. Severability. If one or more of the provisions in this PSA shall for any reason be held to beinvalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceabilityshall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construedas if such provision had never been contained herein, and shall not affect the remainingprovisions of this PSA, which shall remain in full force and effect.K Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes alloral or written previous and contemporary agreements between the parties and relating to

matters in the PSA

The City of Sachse, State of Texas, has executed the Agreement pursuant to duly

authorized City Council Resolution __----", lVlinutes__-eDated the /7 day of~k~ 20a::?

The County ofDallas, State of Texas, has executed this agreement pursuant to

Commissioners Court Order Number and passed on the __day of , 200_.

CITY OF SACHSE COUNTY OF DALLAS

BY:=:::-:===--:-::==-=:c::~ _JIM FOSTER, COUNTY JUDGE

ATTEST:

~CITY SEC

APPROVED AS TO FORM*:

BOB SCHELLCHIEF CIVIL SECTION*DISTRICT ATTORNEY'S OFFICE

'By law, the District Attorney's Office rnay only advise or approve contraels or legal docurnents on behalf of ITS clients. Itmay not adVIse or approve a contract or legal document on behalf of other parties. Our review of this document wascondueled solely frem the legal perspeelive of our client. Our approval of this docurnent was offered solely for the benefit ofour client. Other parties should not rely on this approval, and should seek review and -approval by their own respectiveattorney(s).

PSA~CityofSachse-MurphyRd. 06~{)7 6

28

ATTACHMENT A

Project Specific Agreement to Master Agreement GoverningTransportation Major Capital Improvement Projects

PROJECT NAME: Murphy RoadMCIP PROJECT 22802Project Scoping Sheets

Date: 5/21/06

PAVEMENT AND ALIGNMENT TOPICS

SPECIFIC ROW ALIGNMENT DESCRIPTION:

City Council approves of the Financing, Construction or Improvement on MurphyRoad beginning at S.H. 78 and ending at Blackburn Road with an approximatewidth of 90' or as otherwise necessary and convenient for construction of theproject, as more fully described in the CitylNCTCOG Thoroughfare/Transportation Plan and consent to acquire by condemnation, right of way oreasement which Dallas County Commissioners Court determines is necessary orconvenient to the project.

LEAD AGENCY: Dallas County

LEAD AGENCY'S PROJECT MANAGER: John L. Mears, P.E.CONTACT INFORMATION: 411 Elm St., 4th floor, DaIJas, Texas75202, Tel. : 214-653-6407, Fax: 214-653-6445Email: [email protected]

PROJECT LENGTH: Approximately 0.95 Miles

PAVEMENT SECTION

PAVING DESIGN CRITERIA

ROW WIDTH:

Existing: 80' - 90'

Proposed: 80' - 90'

TxDOT, City Standards

- 1 -

29

ATTACHMENT A



PAVEMENT WIDTH:Existing: 24' Asphalt

Proposed: 60' F-F

No. oflanes proposed: Five (5) undivided Janes

PARKWAY:Proposed Width: 10' - 20'

Proposed Sidewalk Width: 6'

Parkway cross fall slope maximum v." per foot - 6' to 4: 1

GRADE REQUIREMENTS:Is TC 6" below adjacent ground criteria to be followed? YES, where possibleAny deep cuts, high fills? YES

PAVEMENT CROSS FALLPROPOSED 1/4" per foot

MINIMUM 114" per foot

MAXIMUM y,," per foot

VERTICAL GRADE:

MINIMUM: 0.50%

MAXIMUM 5.00% (algebraic sum)

CENTERLINE ALIG:t\'MENT POSITION:

IN CENTER OF EXISTING ROW? YES (80' ROW)

OFFSET FROM CENTER 5' (90' ROW)

ON BRAND NEW ALIGNMENT NO

-2-

30

ATTACHMENT A



LEFT TURN LANES: Continuous

MThTThruMLENGTH: N/A

MINIMUM STORAGE: NlA

WIDTH: NlA

ANY DUAL LEFT TURN LANES? NO

ANY FREE RIGHT TURN LANES? NO

SIDE STREET CONSIDERATIONTURNING RADIUS,MINlMUM 25'

PAVEMENT THICKNESS 8"

CRASH CUSHIONS I ATTENTUATORS INVOLVED NO

RAILROAD CROSSINGS INVOLVED 00

NEIGHBORHOOD MEETING, REQUIRED YES

IF REQUIRED WHO CONDUCTS, CITY OR COUNTY?

BRIDGESIBOX CULVERTS INVOLVED?

-3-

COUNTY

YES X Garland-HW.15' from curb

NO _

31

ATTACHMENT A



FAVEMENT STRUCTURE

DESIGN WHEEL LOAD

BUS AND HEAVY TRUCK TRAFFIC YES XNO

ROADWAY CLASSIFICATION M4U (5 Lane)

MINTh1UM PAVE:MENT STRUCTURE THICKNESS: 8"

MINIMlJM PAVE:MENT BASE OR SUBGRADE TIDCKNESS: 6" Lime

DESIGN SPEED

POSTED SPEED

MEDIANS

45 MPH

40 MPH

:MEDIAN WIDTH N/A

ANY MID BLOCK OPENINGS TO CONSIDER?

ANY SIDE STREETS TOO CLOSE FOR OPENING?

STANDARD TURN LANE WIDTH N/A

STANDARD NOSE WIDTH N/A

- 4-

YES N/A

NO N/A

YES N/A

NO N/A

32

ATTACHMENT A



DRIVEWAYS:

MAXIMIMUM RESIDENTIAL GRADE 10%

MAXIMIMUM COMMERCIAL GRADE 7%

MIN1MUM COMMERCIAL DRIVEWAY WIDTH

SIDE STREET CONSIDERATIONS:

TURNlNG RADIUS, MINIMUM 25'

PAVEMENT THICKNESS

COMMERCIAL DRIVEWAY THICKNESS

City Standards

COMMERCIAL DRIVE WAY STRENGTH City Standards

DRAINAGE TOPICS

STORM SEWER DESIGN CRITERIA:TxDOT

CITY X-Dallas

HYDRO-35

TP-40

INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS) TBD

)vlINIMUM COVER LATERALS 2'

100 YEAR FLOOD PLAIN CONSIDERATION _2_ FT FREEBOARD

-5-

33

ATTACHMENT A



PERMITS NEEDED? WHO'S RESPONSmILITY

COE 404 PERMITS YES __NO __

TCEQPERMIT

CDC PERMIT

EIS

ADA PERMIT

YES XNO __

YES__NO~~

YES__NO __

YES X ru> $50,000 o(ped. (acilities)NO __

ANY OTHER PER.WTS FROM OTHER AGENCIES SUCH ASTXDOT, YES~~

NO __DFW AIRPORT, YES~~

NO __

DART, ETC.? YES _NO~~~

UTILITIESLIST OF ALL KNOWN UTILITIES

TED TXU Electric, Atmos Gas, Verizon, Comcast, City Water and Sewer, GISD

DOCUMENT KNOWN RISKS 0 FOR OUR UTILITY PARTNERS:

ARE UTILITIES ON EXISTING STREET R.O,W.? YES

-6-

34

ATTACHMENT A



DO UTILITIES OWN THEIR RO.W. OR HAVE PREVIOUS EASEMENTS? TBD

Relocated water main will be within the ROWand the sewer main will not be relocated.

HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)?

Investigation ofutilities will determine if there is a need for SUE.

ANY SPECIAL CONSIDERATIONS? NO

R-O-W ACQUISITION

F1GHT OF WAY CONSTRAlNTS, IF ANY, PROVIDE A LIST AND DESCRIPTIONALONG WITH DATA FOR RISK ASSESSMENT: Existing Development and Homes

ANY NON-ROUTINE, i.e., CEMETARY, JU1\1J( YARD, OLD CHURCHES, SERVICESTATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS,TRAJLERPARKS, TREE ORDINANCES? YES NO --",X,--_

ANY NON-CO},'FORMING ISSUES? YESNO X

R-O-W MAPNEEDED YES XNO

FIELD NOTES NEEDED YES XNO

R-O-W PLATS NEEDED YES XNO

-7-

35

ATTACHMENT A

Prpject Specific Agreement to Master Agreement GoverningTransportation Major Capital Improvement Projects


RELOCATION ASSISTANCE INVOLVED YES~_

NO_lL

PARKINGILOSS OF PARKING CONSIDERATIONS YES __

NO X

HISTORICAL SITE CONSIDERATION YES _

NO X

USUAL CITY TOPICS OF CONCERN

DESIGN STMTOARDS TO BE USED:

ORDER OF PRECEDENCE OF STMTOARDS:

AUXILARYLANES?

PROVISIONS FOR FUTURE WIDENING:

LMTDSCAPING:

JRRIGATION:

City (Sachse, Dallas), TxDOT

City, TxDOT (Typical)

EXPOSED AGGREGATE DRIVEWAYS, SIDEWALKS NO

STAMPED/COLORED CONCRETE:

BRICK PAVERS:

STREET LIGHTING:

TRAFFIC SIGNALS:

-8-

Possible

36

ATTACHMENT A



PAVEMENT MARKINGS:

BIKE LANES (EXTRA WIDTH):

NEW SIDEWALKS:

DART BUS TURNOUTS?

BUS STOPS OR BUS SHELTERS?

WATER UTILITY BETTERMENTS?

WATER UTILITY RELOC?

SAN. SEWER BETTERMENTS?

SAN. SEWER RELOC.?

RETAINING WALLS?

SOD, SEEDING, TOPSOIL?

R!R CROSSING IMPROVEMENTS?

STREAM CROSSING?

-9-

Possible

Sad in ROW, Slopes, DevelopedProperty

37

ATTACHMENT A



SPECIAL SCHOOL OR EMERGENCY VEIDCLECONSIDERATIONS

ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICEDEPARTMENT REQUIRING SPECIAL CONSIDERATION?

CONSTRUCTIBILITY REPORT

FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECTPROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/ORTHE SAFETY OF PROJECT?

-10 -

38

ATTACHMENT "B"

MEMORANDUM OF AGREEMENTl\1URPHY ROAD PROJECT 22802

(Blackburn Road to S.H. 78)

The following representatives were present for the discussion and consensus formed atthe Pre-Design Charrette held May 23, 2007 at the City ofSachse.

DALLAS COUNTYDonald Holzwarth

Alberta Blair WilliamsTraciEnnaJohn Mears

Janet NormanSelas CamarillOCarter Ferguson

Craig Marek

CIVIL STRUCTURES,lNC.

David HosseinyGary Stringer

Debbie LeRibeus

MAS-TEKMichael Roland

CITY OF SACHSEKevin Glovier

Joe CraseAlan Dickerson

CITY OF GARLANDMichael Polocek

Dave Schultz

VERIZONDan Dancer

LAN,lNC.David Van Gorder

RLK ENGlNEERlNG,lNC.

J. Don Wortham

1. The Scope for the Murphy Road Project is defined in the attached Charrette Design Criteria(Scope Items).

2. Dallas County will the LEAD AGENCY for the project and provide project managementincluding management of the design engineering consultant contract \\~th Civil Structures,Inc., consultant for the project. The Dallas County Project Manager for the project mll beJohn Mears, P.E.

3. A consensus regarding Murphy Road typical section and alignment and known issues wasreached at the Pre-Design Charrette.

4. Funding allocations mll be as specified in the attached "Cu.rrent Cost Estimates and FundingSources." In the event that the estimated costs need to be revised, the percentages reflectedin the dollar amounts shown will remain constant, subject to approval from the City ofSachseand Dallas County.

5. The proposed schedule was established in the attached "Proposed Project Schedule."

ATTACHMENT "C"

Current Cost Estimates and Funding Sources

• Paving & Drainage Construction

• ROW

" • Contingencies

• Design & Project Delivery

• Materials Testing

• Pr(i)ject Cost

• Dallas County

• City of Sachse

• Pr(i)ject Funding

•. City Requested Construction

$4,470,000

$85,000

$192,000

$1,028,000

$25,000

$5,800,000

$2,900,000.

$2,900,000

$5,800,000

$+

w(f)

ATTACHMENT "D"

Proposed Pr'oject Schedule• Award Consultant Contract APR 2006• Schematic Design Complete APR 2007• Pre-Design Charrette MAY2007• Preliminary Design Complete JUN 2007• Primary Design Contract AUG 2007• Project Specific Agreement OCT 2007• Neighborhood Meeting NOV 2007• ROW Documents Complete DEC 2007 .f>.• Final Plans Complete AUG 2008 0

• ROW Acquisition Complete SEPT 2008• Open Bids OCT 2008• Utility Relocations Complete FEB 2009• Award Contract FEB 2009• Construction Complete AUG 2010

MURPHY ROAD MCIP PROJECT 22802PRE-DESIGN CHARRETTE MEETING

WEDNESDAY,MAY 23, 2007SIGN-IN SHEET

NAME ORGANIZATION TELEPHONE FAX EMAIL

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MURPHY ROAD MCIP PROJECT 22802PRE-DESIGN CHARRETTE MEETING

WEDNESDAY, MAY 23, 2007SIG!'&IN SHEET

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NAME ORGANIZATION TELEPHONE FAX EMAIL

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43

DALLAS COUNTYPUBLIC WORKS

January 7, 2008

MEMORANDUM


THROUGH: Kenneth A. Mayfield, Commissioner District No.4

FROM: Donald R. Holzwarth, P.E.Director ofPublic Works

Ce! r~"_o~ t" 0. ""'2'''. V' J

SUBJECT: HUNTER FERRELL ROAD MCIP PROJECT 40704/40805(Belt Line Road to MacArthur Boulevard)SUPPLEMENTAL AGREEMENT TO THE MASTERAGREEMENT GOVERNING MAJOR CAPITALTRANSPORTATION I!VIPROVEMENT PROJECTS

BACKGROUND

Hunter Ferrell Road from Belt Line Road to MacArthur Boulevard was selected in the second andthird call for projects for the Major Capital Improvement Program for Program Year 2009. Theproject is located in Road and Bridge District 4 and in the Cities ofGrand Prairie and Irving. DallasCounty and the City of Grand Prairie entered into a MASTER AGREEMENT GOVERNINGTRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS pursuant to Court Order2001-814 dated April 24, 2001.

The City of Grand Prairie has executed Resolution No. 4268 for the SUPPLEMENTALAGREEMENT TO MASTER AGREEMENT for the specific project named above and is ready forCounty execution. Dallas County will be the LEAD AGENCY for the project from commencementofplanning to completion of construction.

FINANCIAL IMPACT

The City has agreed to participate in project funding with Dallas County per the attached agreement.The MASTER AGREEMENT specifies sharing funding of standard basic street design with cities'funding of amenities above and beyond the basic design.

IMPACT ON SCBEDULE AND OPERATIONS

In order for Hunter Ferrell Road MCIP Project 40704/40805 from Belt Line Road to MacArthurBoulevard to begin construction in the Winter of2009/201O, it is desirable to have the City ofGrand

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

44

Commissioners CourtJanuary 7,2008Page Two

Prairie committed to funding and design criteria for the project. The MASTER AGREEMENTclearly defines County and City partnerships and roles.

STRATEGIC PLAN COMJ>LJANCE

The County has worked with the City ofGrand Prairie, the City ofIrving, and numerous agencies andutilities on this project which is consistent with Vision 1: Dallas Connty is a model interagencypartner.

This project will improve County transportation and other infiastructure which is consistent withVision 4: Dallas County proactively addresses critical regional issues and Vision 5: DallasCounty is the destination of choice for residents and businesses.

RECOMMENDATlON

It is recommended that the County Judge be authorized and directed to execute the attachedSUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNINGTRANSPORTATION MAJOR CAPITAL IMPROVElVlENT PROJECTS FOR HUNTERFERRELL ROAD MCIP PROJECT 40704/40805 FROM BELT LINE ROAD TOMACARTHUR BOULEVARD with the City of Grand Prairie. If Commissioners Court is inagreement, a Court Order will be placed on the next regular agenda authorizing the execution ofsaidagreement.

Approved by:

Donald R. HOlzwarth~P.E.Director ofPublic Wor~~ .ern / ~/

Attachments (Supplemental Agreement)

cc: John L. Mears, P.E.

JLMldlc

STATE,OFTEXAS

COUNTY OF DALLAS

§

§

45

DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAMPROJECT SUPPLEMENTAL AGREEMENT

TO THE MASTER AGREEMENT GOVERNINGMAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

The City of Grand Prairie, Texas, hereinafter cal1ed "CITY", and the County of Dal1as, Texas,hereinafter cal1ed "COUNTY", desire to enter into a PROJECT SUPPLEMENTAL AGREEMENT,hereinafter cal1ed "PSA", in order to contract for the implementation of the Major CapitalImprovement Project allthori~~d_byC0llrt Order 2091-81~ _dat~d_ AEri12~,20()1_which app~ved

specified projects including HUNTER FERRELL ROAD MCIP Project 40704/40805 from BELTLINE ROAD to MACARTffiJR BOULEVARD, hereinafter called "PROJECT".

WHEREAS, the COUNTY has requested that it be designated as the LEAD AGENCY for theproject and will provide the Project Manager; and

WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE and TEXASTRANSPORTATION CODE ARTICLE 251 provides authorization for local governments to contractwith each other for the performance of governmental functions and services, and joint funding of roador street proj ects.

NOW THEREFORE THIS PSA is made by and entered into by the CITY, and theCOUNTY, upon and for Ten Dol1ars ($10.00) the receipt and sufficiency of which is confessed andacknowledged for the mutual consideration stated herein.

WITNESSETH

ARTICLE I.PROJECT SUPPLEMENTAL AGREEMENT

This PSA is to specifical1y identify the PROJECT, changes in the rights and responsibilities of each ofthe parties as set forth in the MASTER AGREEMENT and additions thereto as incorporated herein.This PSA will be an addition to the MASTER AGREEMENT and incorporate each of its terms andconditions. Al1 terms of the MASTER AGREEMENT remain in ful1 force and effect except asmodified herein. In th~ event of any conflict between the MASTER AGREEMENT and this PSA, thisPSA shall control.

ARTICLE IIINCORPORATED DOCUMENTS'

This PSA incorporates, as if ful1y reproduced herein word for word and number for number, thefol1owing items:

PSA-Citv oeGrand Prairie-Hunter Ferrell Rd.04-07

I

46

1. MASTER AGREEMENT authorized hy County Commissioners Court Order 2001- 814 datedApril 24, 2001, and additions thereto as incorporated herein.2. Project Scoping Sheets, as shown in ATTACHMENT "A".3. The Pre-Design Charrette MEMORANDUM OF AGREEMENT between City and County, asshown in ATTACHMENT "B"; The MEMORANDUM OF AGREEMENT between the City andCounty was produced by the collective effort of all parties at the Pre-Design Charrette held for thisproject on the 14th day of December, 2006. Together with ATTACHMENT "A", it defines thescope of the project, with an agreed upon preliminary alignment and the specific right-of-way to beacquired.4. CURRENT COST ESTIMATES AND FUNDING SOURCES, as shown in ATTACHMENTHeI".5. PROPOSED PROJECT SCHEDULE, as shown in ATTACHMENT "D".6. Pre-Design Charrette Meeting Notes, ATTACHMENT "E".7. Pre-Design Charrette Sign-In Sheet, ATTACHMENT "F".

ARTICLEIDTERM OF AGREEMENT

This PSA becomes effective when signed by the last party whose signing makes the respectiveagreement fully executed (The "Effective Date") and shall terminate upon the completion andacceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions inthe MASTER AGREEMENT, Article IV. Section 1, Termination.

ARTICLE IVPROJECT DESCRIPTION

This PSA is entered into by the parties for public transportation improvements to HUNTER FERRELLROAD Project 40704/40805 from BELT LINE ROAD to MACARTHUR BOULEVARD, as morespecifically described in ATTACHMENT "A", Project Scoping Sheets. This project will facilitate themovement ofpublic transportation to benefit both the CITY and COUNTY. The CITY has and herebydoes give its approval for expenditure of COUNTY funds for the construction, improvement,maintenance, or repair or a street located within the municipality.

Article VFISCAL FUNDING

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availabilityof COUNTY funding for each item and obligation contained herein. CITY shall have no right ofaction against the County of Dallas as regards this PSA, specifically including any funding byCOUNTY of the Project in the event that the COUNTY is unable to fulfill its obligations under thisPSA as a result of the lack of sufficient funding for any item or obligation from any source utilized tofund this PSA or failure of any funding party to budget or authorize funding for this PSA during thecurrent or future fiscal years. In the event of insufficient funding, or if funds become unavailable inwhole or part, the COUNTY, at its sole discretion, may provide funds from a separate source orterminate this PSA. In the event that payments or expenditures are made, they shall be made fromcurrent funds as required by Chapter 791, Texas Government Code.

PSA-City ofGrnnd Prairie-Hunter Ferrell Rd.04-07 2

47

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availabilityof CITY funding for each item and obligation contained herein. COUNTY shall have no right ofaction against the CITY as regards this PSA, specifically including any funding by CITY of thePROJECT in the event that the CITY is unable to fulfill its obligations under this PSA as a result of thelack of sufficient funding for any item or obligation from any source utilized to fund this PSA orfailure of any funding party to budget or authorize funding for this PSA during the current or futurefiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, theCITY, as its sole discretion, may provide funds from a separate source or terminate this PSA. In theevent that payments or expenditures are made, they shall be made from current funds as required byChapter 791, Texas Government Code.

ARTICLE VIAGREEMENTS

COUNTY AND CITY DO COVENANT AND AGREE AS FOLLOWS

1. COUNTY will be the LEAD AGENCY for the PROJECT.

2. CITY and COUNTY mutually agree that the PROJECT limits are HUNTER FERRELL ROADfrom BELT LINE ROAD to MACARTHUR BOULEVARD.

3. The agreed upon STANDARD BASIC PROJECT DESIGN for the project is as defined in theProject Scoping Sheets, ATTACHMENT "A". Such design shall be the STANDARD BASICPROJECT DESIGN for the PROJECT and specifically does not include PAVING andDRAINAGE AMENITIES or UTILITY BETTERMENTS as defined in the MASTERAGREEMENT.

4. Results from the Pre-Design Charrette are included in the MEMORANDUM OF AGREEMENT asattached hereto as ATTACHMENT "B".

5. The PROJECT will require the acquisition of road right-of-way within specific right-of-wayalignment which is specifically all real property needed or convenient for roadway purposes asshown in the PROJECT design or right-of-way plans and spccifically includes all real propertyoutside of the designed right-of-way needed or convenient to the construction, drainage, interfacewith adjoining streets or alleys, driveways or other access ways or other PROJECT permanent ortemporary easements which is approved by CITY and COUNTY. Such right-of-way acquisitionshall be the responsibility of the COUNTY as LEAD AGENCY, and shall be funded as part ofPROJECT costs.

l\RTICLE VIICITY COVENANTS AND AGREES AS FOLLOWS

1. To execute the necessary agreements for the implementation of design and construction of thePROJECT mutually agreed upon and incorporated herein by this PSA.

2. This PSA is CITY approval of the preferred alignment, proposed estimated budget and funding asshown in the CURRENT COST ESTIMATES AND FUNDING SOURCES, ATTACHMENT"Cl", andcommitrnent to meet PROJECT funding for each milestone as specified in the attachedMEMORANDUM OF AGREEMENT.

PSA-Citl' orGTund Prairie_Hunter Ferrell Rd.04-07

3

48

3. If the CITY requests COUNTY to add relocation or adjustment of CITY UTILITIES or UTILITYBETTERMENTS, as defined in the MASTER AGREEMENT, CITY covenants and agrees that itwill pay 100% ofthe costs of these additions.4. The CITY agrees that COUNTY may include any such item as an optional item to the constructionbidding. CITY further agrees to review the bids submitted, the bid specifications, quantities, bidamount and any other item the CITY shall choose to review and finnish a written acceptance orrejection ofthe bid within ten (10) days. In the event the bid is accepted, CITY agrees to encumberan amount adequate for the total estimated project costs as indicated in ATTACHMENT "C3". Nooptional PAVING and DRAINAGE AMENITIES, relocation or adjustment of CITYUTILITIES or UTILITY BETTER1\1ENT construction contract or bid will be acceptedwitbout full payment of the hid amount by CITY. In the event the PAVING and DRAINAGEAMENITIES or UTILITY BETTERMENTS bid is rejected, it will not be included in theconstruction contract.

ARTICLE VIII.COUNTY COVENANTS AGREES AS FOLLOWS

County shall be the LEAD AGENCY for this PROJECT. COUNTY will provide projectmanagement of the Project from commencement ofplanning to completion of construction.

ARTlCLEIX.FUNDING

1. COUNTY and CITY mutually agree to proportionately fimd the DIRECT PROJECT andPROGRAM cost as follows.2. The CITY will be responsible for the current estimated project costs for paving and drainageimprovements as indicated in ATTACHMENT "C3", which is currently estimated not to exceedFour Million, One Hundred Eighty Seven Thousand Fonr Hundred Dollars and 00/100 cents($4,187,400.00). If the total PROJECT costs excluding paving and drainage amenities or utilitybetterments should exceed this amount, the CITY and COUNTY agree to amend the project'sscope to remain within the current estimated Not To Exceed amount or to be responsible for theirrespective estimated share of (50% CITY and 50% COUNTY) of all County Commissioners Courtapproved, additional PROJECT costs. PROJECT funding will include $8,220,000.00 of fundsby NCTCOG TIP Project 11535, as shown in ATTACHMENT "C5".3. CITY agrees to encumber an amount adequate for total estimated project costs as determined priorto the commencement of each PROJECT milestone as determined by COUNTY within 30 days ofnotification by COUNTY. The CITY will pay PROJECT costs as invoiced by the COUNTY inaccordance with the Texas Prompt Payment Act.4. COUNTY agrees to provide funding for the PROJECT in the Not To Exceed Amount of FourMillion One Hundred Eighty Seven Thousand Four Hundred Dollars and 00/100 cents($4,187,400.00). Project costs may include all COUNTY project delivery costs including but notlimited to preliminary scoping and research, preliminary design services, special services, primarydesign services, inspection, laboratory services and construction.5. CITY covenants and agrees that it has directed COUNTY to include PAVING and DRAINAGEAMENITIES, UTILITY BETTERMENTS as defined in the MASTER AGREEMENT, andrelocation or adjustment of CITY UTILITIES in the PROJECT. CITY and COUNTY agree thatPSA-Citl' o(Grand PraMe-Hunter Ferrell Rd. 404-!)7

49

CITY, in addition to the above listed PROJECT cost, shall pay 100% of each item and alladditional County DIRECT PROJECT and PROGRAM COST for the inclusion of such items inthe PROJECT.

ARTICLE XMISCELLANEOUS

A. No Third Party Beneficiaries, The tenns and provisions of this PSA are for the benefit of theparties hereto and not for the benefit of any third party. It is the express intention of CITY andCOUNTY that any entity other than CITY or COUNTY receiving services or benefits under thisPSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth thecontractual right and responsibilities of the parties hereto.

B. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity ofCOUNTY and Governmental nnmunity of CITY, Title 5 of the Texas Civil Practice and RemediesCode, as amended, and all applicable Federal and State Law. This PSA shall be governed by andconstrued in accordance with the laws and case decisions of the State of Texas. Exclusive venuefor any legal action regarding this PSA filed by either CITY or COUNTY shall be in DallasCounty, Texas.

C. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall berequired to be in writing and shall be deemed given when personally delivered, or two (2) businessdays after being deposited in the United States Mail, postage prepaid, certified, returned receiptrequested, or registered addressed as follows:

To County: County ofDallasMr. Donald Holzwarth, P.E.Director ofPublic WorksDallas County Administration Building411 Elm Street, Fourth FloorDallas County, Texas 75202-3389

To City: City of Grand PrairieMr. Jim Sparks, P.E.Director ofTransportation Services206 W. Church StreetP. O. Box 5:l4045Grand Prairie, Texas 75053-4045

Either party may change its address for notice by giving the other party notice thereof.

D.. Assignment. This PSA may not be assigned or transferred by either party without the prior writtenconsent of the other party.

E. Binding Agreement; Parties Bound. This PSA has been duly executed and delivered by bothparties and constitutes a legal, valid and binding obligation of the parties, their successors andpennitted assigns.

F. Amendment. This PSA may not be amended except in a written instrument specifically referringto this PSA and signed by the parties hereto.

PSA-Citv ofGranQ Prairie.Hunter FerTeY Rei.04-07

5

50

G. Number and Gender. Words of any gender used in this PSA shall be held and construed toinclude any other gender and words in the singular shall include the plural and vice versa, unlessthe context clearly requires otherwise.H. Effective Date. This PSA shall commence on the Effective Date. The Effective Date of this PSAshall be the date it is executed by the last of the parties. Reference to the date of execution shallmean the Effective Date.1. Counterparts. This PSA may be executed in multiple counterparts, each ofwhich shall be deemedan original, but all ofwhich shall constitute one and the same instrument.1. Severability. If one or more of the provisions in this PSA shall for any reason be held to beinvalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shallnot cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if suchprovision had never been contained herein, and shall not affect the remaining provisions of thisPSA, which shall remain in full force and effect.K. Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes all oralor written previous and contemporary agreements between the parties and relating to matters in the

PSA

The City of Grand Prairie, State of Texas, has executed the Agreement pursuantto duly

authorized City Council Resolution '1:J..f.p'g , Minutes,__-,Dated the 16·d:lay ofclc.:r. ,200J.

The County ofDallas, State of Texas, has executed this agreement pursuant to

Commissioners Court Order Number and passed on the __day of --', 200_.

PSA-Cfty ofGrond Prairie~HunterFerren Rd.04-07 6

CITY OF GRAND PRAIRIE

ATTEST:

51

COUNTY OF DALLAS

BY=-==-==_=--=-==-==- _JIM FOSTER, COUNTY JUDGE

APPROVED AS TO FORM*:

BOB SCHELLCHIEF CIVIL SECTION*DISTRICT ATTORNEY'S OFFICE

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

PSA-Cirv ofGrand Prairie-Hunter Ferrell Rd.04.()7

7

52

ATTACHMENT A


PROJECT NAI\1E: HUNTER FERRELL ROADMCIP PROJECT 40704/40805

Project Scoping Sheets

PAVEMENT AND ALIGNMENT TOPICS.SPECIFIC ROW ALIGNMENT DESCRIPTION:

City Council approves ofthe Financing, Construction orImprovement on HunterFerrell Road beginning at Belt Line Road and ending at MacArthur Boulevard withan approximate width Of 120' or as otherwise necessary and convenient forconstruction of the project> as more fully described in the CitylNCTCOGThoroughfare! TransportationPlan and consent to acquire bycondenmation, right·ofway or easement which Dallas County Commissioners Court determines isnecessary or convenient to the project.

LEAD AGENCY: Dallas County

LEAD AGENCY'S PROJECT MANAGER: John L. .Mears, P.E.CONTACT INFORMATION: 214-653-6407

PROJECT LENGTH: 2.52 miles

PAVEMENT SECTION

PAVlNG DESIGN CRITERIA

ROW WIDTI:I:

Existing : Varies

TxDOT, City Standards (See Attached)

Proposed: Varies (J20' Minimum)

PAVEMENT WIDTH:Existing: 24' Asphalt (Typical)

Proposed: 2 - 24' B-B 02' Driving Lanes)

- 1 -

53

ATTACHMENT A


PROJECT NAME: HUNTER FERRELL ROADMCIP PROJECT 40704/40805


No. oflaiJes proposed": 4 Lanes Divided

PAA-KWAY:Proposed Width Varies (15' - 18' Typical)

Proposed Sidewalk Width 4'/12' Trail

Parkway cross fall "slope maximum 2% (ADA)

GRADE REQUIREMENTS:Is TC 6" below adjacent ground criteria to be followed? Yes, Except in Floodplain.

Any deep cuts, high fills? Yes, in Floodplain.

PAYEMENI CROSS FALl.,PROPOSED ]Yo

11INIMUM 2%

VERTICAL GRADE:

:MINIMUM

MAXIMUM

CENTERLINE ALIGNMENT POSITION:

IN CENTEROF EXISTINGROW ?

OFFSET FROM CENTER

ON BRAND NEW ALIGNMENT?

- 2,-

54

ATTACHMENT A


PROJECT NAME: HUNTER FERRELL ROADMClP PROJECT 40704/40805

Project ScopingSheets

LEFT TURN LANES: Positive Offset Design

MINIMUM LENGTH: Varies

MINIMUM STORA.GE: Varies

WIDTH Varies

ANY DUAL LEFT TURN LANES? YES X

NO

ANY FREE RIGHT TURN LANES? YES X

NO

CRASH CUSHIONS I ATTENTUATORS INVOLVED

RAILROAD CROSSINGS INVOLVED -".YE""S,,-_

NO X

YES X

NO

NEIGHBORHOOD MEETING, REQUIRED YES ~X"'--_

NO _

IF REQUIRED ,VRO CONDUCTS, CITY OR COUNTY? COUNTY

BRIDGESIBOX CULVERTS INVOLVED?

-3-

YES ~X,",,--_

55

ATTACHMENT A




PAVEMENT STRUCTURE

DESIGN WHEEL LOAD HS-20

BUS AND HEAVY TRUCK TRAfFIC YES~X",,~~~NO

ROADWAY CLASSIFICATION P6D

JVl1NIMUM PAVE"MENT STRUCTURE THICKNESS: 8" (May vary based on geotech)

MINIMUM PAVE"MENT BASE OR SUBGRADE THICKNESS: 8" Lime Subgrade (May varybased on geotech)

DESIGN SPEED 50 MPH vertical, 45 :MPH - horizontal

POSTED. SPEED. 45 :MPH

MEDIANS

"MEDIAN WIDTH Varies (40' typical)

ANY MID BLOCK OPENINGS TO CONSIDER?

ANY SIDE STREETS TOO CLOSE FOR OPENING?

STA,"IDARD TURN LANE WIDTH Varies

STANDARD NOSE WIDTH Varies

-4-

YES X

. NO

YES X

NO __

56

ATTACHMENT A



Project Scoping SheetsDRIVEWAYS:

MAXIMIMUM RESIDENTIAL GRADE· 10%

MAXlMIMlJM COMMERCIAL GRADE 7%

MINIMUM COMMERCIAL DRIVEWAY WIDTH

SIDE STREET CONSIDERATIONS:

TURNrNG RADIUS, MINIMUM WB-57: 30' to 50'

PAVEMENT THICKNESS 8"

COMMERCIAL DRIVEWAYTHICKNESS 8"

COMMERCIAL DRIVEWAY STRENGTH

DRAINAGE TOPICS

STORM SEWER DESIGN CRITERIA:.TxDOTCITY X- Use City Design StandardsHYDRO-35TP-40

BRIDGES/BOX CULVERTS INVOLVED

-5-

YES X

NO

57

ATTACHMENT A

Project Specific Agreementto Master Agreement GoverningTransportation Major Capital Improvement Projects

PROJECT NAME: HUNTER FER."lliLL ROADMCIP PROJECT 40704/40805


100 YEAR FLOOD PLAIN CONSIDERATION _2 FT FREEBOARD to 100-YearUltimate W.S. Elevation

PERMITS .... NEEDED?

TCEQ40lPERNITT YES~~NO_~

WHO'S RESPONSIBILITY

CDCPERNITT

EIS

ADAPERNITT

YES XNO~~

YES~_

NO X

YES X (If> $50.OOObfpedestrian facilities)NO __

ANY OTHER PER1illS FROM OTHER AGENCIES SUCH ASTXDOT, YES~~

NO"-'.X_~DFW AIRPORT,· .YES~~

NO"-'.X_~

DART, ETC.? YES ",.-_~

NO -"'X----.._FEMA YES X - CLOMR & LOMR

NO---UTILITIES

LIST OF ALL KNOWN UTILITIES

Previously sent record drawings.

DOCUMENT KNOWN RISKS 0 FOR OOR UTILITY PARTNERS:

-6-

58

ATTACHMENT A



Project Scoping SheetsARE UTILITIES ON EXISTING STREETR.OW.? Yes

DO UTILITIES OWN THEIR R.OW. OR HAVE PREVIOUS EASEMENTS? Possible

HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)? Yes

ANY SPECIAL CONSIDERATIONS? No

R-O-W ACQUISITION

RIGHT OF·WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION .ALONG WITH DATA FOR RISK ASSESSMENT: EXISTING DEVELOPMENT & HOMES.

ANY NON-ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICESTATIONS; CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS,TRAILER PARKS, TREE ORDINANCES? YES X NO _

. ANY NON-CONFORMING ISSUES ? YES _. NO ~~d-X,,-_

R-O-W MAP NEEDED YES X

NO __

FIELD NOTES NEEDED

R-O-WPLATSNEEDED

RELOCATION ASSISTANCE INVOLVED

PARKINGILOSS OF PARKING CONSIDERATIONS

-7-

YES --"X,--_

NO __

YES X

NO __

YES_~?_

NO _

YES_?_

NO _

59

ATTACHMENT A

Project Specific Agreement to Master Agreement Governing

Transportation Major Capital Improvement Projects

PROJECT NAME: HUNTER FERRELL ROAD

MCIP PROJECT 40704/40805Project Scoping Sheets

HISTORICAL SITE CONSIDERATION YES _

NO X

USUAL CITY TOPICS OF CONCERN

DESIGN STANDARDS TO BE USED: TxDOT, City

ORDER OF PRECEDENCE OF STANDARDS: TxDOT, City

AUXILARY LANES? .NQ

PROVISIONS FOR FUTURE WIDENING? Yes

LANDSCAPING? Yes

IRRIGATION? Possible

STAMPED/COLORED CONCRETE? Yes

BRlCKPAVERS? Yes

STREET LIGHTING?

TRAFFIC SIGNALS?

PAVEMENT MARKINGS?

Possible

BIKE LANES (EXTRA WIDTI:l)? No (Trail)

NEWSIDEWALKS? Yes

DART BUS 1'lJR,"'lOUTS? No

BUS STOPS OR BUS SHELTERS? Pads

- 8-

60

ATTACHMENT A




WATER UTILITYBETlERMENTS? Possible

WATER UTILITY RELOC?P{)ssible

SAN. SEWER BETlERMENTS? Possible

SAN. SEWERRELOC.? Possible

RETAlN1NG WALLS? Likely

SOD, SEEDING, TOPSOIL? Sod in ROW, Slopes. Developed Property

RR CROSSING IMPROVEMENTS? No

-9-

61

ATTACHMENT A




SPECIAL SCHOOL OR EMERGENCY VEIDCLECONSIDERATioNS

ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICEDEPARTMENT REQUIRING SPECIAL CONSIDERATION?

CONSTRUCTffiILITY REPORT

FROM INSPECTION STAFF', DOCUMENT ANY Ac'ID ALL ISSUES THAT MAY AFFECTPROJECT SCOPE, BUDGET, CONSTRUCTIBll..TY, THE PROJECT SCHEDULE AND/ORTHE SAFETY OF PROJECT?

- 10-

62

ATTACHMENT "B".;.. ,

MEMORANDUM OF AGREEMENTHUNTER FERRELL ROAD PROJECT 40704/40805

(Belt Lin~ Road to MaeArthur Boulevard)

The following representatives were present for the discussion and consensusformed atthe Pre-Design Charrette held December 14, 2006 at the City of Irving.

VERIZONMichael Godin

Olen SteeleMike BrownJay Simms·

TXU ELECTRIC·Fernando Quintanar

MAGELLA.c... PIPELINEDickie Jones

Alton WillinghamCITY OF GRAND

PRAIRIEDaon Stephens

Paul HacIdemanRomin Khavari

CITY OF IRVINGDavid CanadyDave SpringobMichael WalterDavid MullinsBob ChapmanTom StrangeBart PerkinsWayne LeeCasey Tate

Jim O'Connor

DALLAS COUNTYDonald Holzwarth

Alberta Blair WilliamsDon KennedyJohn Mears

Bud SnodgrassJanet Norman

Carter FergusonCraig Marek

HALFF ASSOCIATES,INC.

Jerry RobertsLisa RhudyJeff Roberts

AZ&B,INC.Charles Sharkus

1. The Scope fo~ the Hunter Ferrell Road Project is defined in the attached Charrette DesignCriteria (Scope Items). .

2. Dallas County will the LEAD AGENCY for the project and provide project managementincluding management of the design engineering consultant contract with HalffAssociates,Inc., consultant for the project. The Dallas County Project Manager for the project will beJohn Mears, P.E.

3. A consensus regarding Hunter Ferrell Road typical section and alignment (exhibit dated121I4/06) and known issues was reached at the Pre-Design Charrette.

4. Funding allocations will be as specmed in the attached "Current Cost Estimates and FundingSources." In the event that the estimated costs need to be revised, the percentages reflectedin the dollar amounts shown will remain constant, subject to approval from the City ofIrving,City of Grand Prairie and Dallas County.

5. The proposed schedule was established in the attached "Proposed Project Schedule."6. AlI issues as resolved in the attached "Pre-Design Charrette Meeting Notes" are incorporated

into this MEMORA'IDUM OF AGREEMENT for all purposes.

ATTACHMENT "Cl"

Current Cost Estimates and Funding Sources(Total)

• Paving & Drainage Construction

• Utility Relocations & Wetland Mitigation

• ROW• Contingencies• Design & Project Delivery

• Materials Testing

• Project Cost• Dallas County• City of Grand Prairie

• City of Irving• NCTCOG TIP Project 11535 (Thru City ofIrving)

• Project Funding• City Requested Construction

*AMOUNT TO BE DETERMINED

$15,973,644

$475,000

$3,500,000

$516,056

$2,950,000

$100,000

$23,514,000

$7,647,350

$4,187,400

$3,459,950

$8,220,000

$23,514,000

$+*

Q)

W

ATTACHMENT "C2"

Paving & Drainage ConstructionEstimated Cost Breakdown

• Hunter Ferrell Road(Belt Line Road to East End of Bear CreekBridge and Levee Road Extension)

• Hunter Ferrell Road(East End ofBear Creek Bridge to MacArthurBoulevard)

• Storey Road• Total Estimated Cost

$10,922,175

$ 3,763,210

$ 1,288,259$15,973,644

Q)

~

ATTACHMENT "C3"

Current Cost Estimates and Funding Sources(Grand Prairie Section)

(Belt Line Road to East End of Bear Creek Bridge and Levee Road Extension)

• Paving and Drainage Construction• Utility Relocations & Wetland Mitigation

• ROW• Contingencies• Design & Project Delivery• Materials Testing• Project Cost

$10,922,175$ 475,000$ 2,700,000$ 347,625$ 2,080,000$ 70,000$16,594,800

())(JJ

•••••

Dallas CountyCity of Grand PrairieNCTCOG TIP Project 11535 (Tbru City of Irving)Project FundingCity Requested Construction


$ 4,187,400$ 4,187,400$ 8,220,000$16,594,800$+*

ATTACHMENT "C4"

Current Cost Estimates and Funding Sources(Irving Secti(i)n)

(East End of Bear Creek Bridge to MacArthur Boulevard and Storey Road)

• Paving and Drainage Construction• Utility Relocations & Wetland Mitigation• ROW• Contingencies• Design & Project Delivery• Materials Testing• Project Cost

• Dallas County• City ofIrving• Project Fundin.g• City Requested Construction


$ 5,051,469$$ 800,000$ 168,431$ 870,000 Q)

$ 30,000 Q)

$ 6,919,900

$ 3,459,950$ 3,459,950$ 6,919,900$ +*

67

ATTACHMENT "C5"

TRANSPORTATION IMPROVEMENT PROGRAM MODIFICATION

Subregion: EASTERN

Program(s): 0 CMAQ IiZJ STp·MM o Transit o Other

Type of Modification: 0 Administrative IiZJ RTC Action/Revision STlP Revision Required?: NO

Modification Number: 2006-032 (REVISED) MTP Reference!s): TH2600 (NRA)

NCTCOG Project Code{s): 11535

NCTCOG TIP Page Number{s): 0.15

TXDOT Control Section Job Number(s): NlA

Original Project Scope and

Location:

Original Funded Amount:

DALLAS COUNTY-HUNTER-FERRELL RD FROM BELTLINE RD TO MACARTHUR BLVD:WIDEN FACILITY FROM 2TO 4-LANE DIVIDED .

FY 2010--$12,000,000 TOTAL ($8,220,000 FEDERAL AND $3,780,000 LOCAL)

Estimated Construction Cost: N/A Percent: N/A

Construction Bid Price: N/A Percent: N/A

Request: TRANSFER FEDERAL FUNDING TO TIP PROJECT 11316-NORTHWEST CORRIDOR LIGHT RAIL FROM O'CONNORTO LAS COLINAS BLVD: TIP PROJECT 11535 TO BE FUNDED WITH 100% LOCAL DOLLARS IN FYOB .

Financial Constraint Statement:

REP RESENTS COSTS SAVINGS

Air Quality Conformity Statement:THIS PROJECT IS INCLUDED IN THE MOBILITY 2025 PLAN-AMENDED APRIL 2005 AND THE 2006-2008 TIP, BOTH HAVINGDEMONSTI\TED TRANSPORTATION CONFORMITY TO THE REGIONAL AIR QUALITY PLAN

Other:o Contingent on TxDOT approval?~

Approved By:

Michael Morris

Michael Morris, P,E.Director of TransportationNCTCOG

The following signature authorizes:

o additional Metropolitan Planning OrganizatioA (MPO) allocated funds to be moved into Year One.

D modificatio.n to a project funded through a TxDOT-selected program.

Approved By:

N/A

William Haie, P.E.District EngineerTXDOT, Dallas District

10/13/05

Date

N/A

Date

ATTACHMENT "DOl

Proposed Project Schedule

• Award Consultant Contract JUL 2005• Schematic Design Complete OCT 2006• Pre-Design Charrette DEC 2006• Preliminary Design Complete JAN 2007• Primary Design Contract FEB 2007• Neighborhood Meeting NOV 2007• ROW Documents Complete DEC 2007• Primary Design Complete JUN 2008 0)

• Final Plans Complete DEC 2008 co

• ROW Acquisition Complete MAR 2009• Open Bids SEPT 2009• Utility Relocations Complete DEC 2009• Award Contract DEC. 2009• Construction Complete OCT 2011

69

!E! HaIffAssociatesENGINEERS. ARCHITECTS· SCIENTiSTS· PLANN.RS· SURVEYORS

Meeting MinutesDallas County - Hnnter FerrellRoad

MCIP Project No. 40704/40805Design CharetteDecember 14, 2006

Following is the record of the Design Charette held at 9:00 am on December 14, 2006 at the Cityof Irving. Representatives were present from Dallas County, the eities of Grand Prairie andIrving, various franchise utilities and Halff Associates.

Attendees:

Meeting Minntes:

1. John Mears opened the meeting by asking each attendee to introduce themselves.

2. Don Holzworth gave an introduction to the meeting and project. Hunter Ferrell Road is aDallas County "MCIP" project. It was nominated by the City of Grand Prairie. This typeofproject is a 50/50 effort between the County and Cities and requires parblering. Due tothe extension ofSH 161, $8,000,000 in Federal funding was received for Hunter FerrellRoad (it is·a near time frame, near neighbor project to SH 161). The funds are fromFederal sources, but they are "reprograrnmed",which means typical Federal requirementsdo not apply to the project. This will result in a faster, smoother project. Dallas Countyand the Cities are contributing $15,000,000 to the project, resulting in a project budget of$23,000,000.

Don explained that the Charette was being held to minimize problems during mid-design.Many County projects lose momentum, lose citizen interest, and ultimately the projeet islost. The Charette informs and involves all stakeholders to help keep the momentumgoing. It is also a f0TUD11o get feedback, clarify issues and gain consensus.

3. John Mears began the presentation for the meeting. A slide show was utilized to displaythe agenda and project information. Handouts of the slides were also provided. Johnemphasized that a main objective ofthe Charette is to gain consensus of the project scopeand cost so Primary Design can continue. A brief descriptiog of the project and designelements was given. Typical roadway sections were presented.

4. Utility impacts were discussed. The TXU transmission line and TRA's Bear CreekInterceptor Line were intentionally avoided with the design. Relocation ofthe MagellanPipeline is required at Hunter Ferrell and possibly at Story Road.

••••••••• HaIffAssociatesENGINEERS. ARCHITECTS· SCIENTISTS· PLANNERS· SURVEYORS

70

Hunter Ferrell RoadMeeting Minutes20f6

5. Francmse utility representatives asked the following questions:a. Will utilities be located on the bridge or bored underBear Creek?

That has not been decided at this time.b. Are the relocations rei1l1bursable?

No - althoughPederalfimds will be used, 'this is not a Federal project. It is alsonot an "on-system" project. Standard "City" procedures will be used.,.relocations will not be reimbursed unless the utility is currently located in aneasement.

6. Don Holzworth and Alberta Williams explained the County's utility coordinationprocedures and stressed that everyone should work as a team during design. The goal isto have no relocations after utility relocations are complete. The County will form autility team, USWAT (Utility Special Work Assistance Team), to fully coordinate allrelocations with the roadway design. Coordination efforts include sharing design plans,meeting in the field and having regular meetings.

7. John asked ifthe Cities will upgrade their utilities along the project. Grand Prairie andIrving indicated they would upgrade and relocate their systems. They will contract withHalff for any design work. '

8. It is expected that all utilities (franchise and City) will be located within the parkway.The parkway'width is 15'~18', so there should be adequate room available.

9.' City amenities were discussed, such as landscaping and decorative bridge rails. TheCities were asked to be prepared and aware of the budget. .Alberta suggested that theamenities be included as alternate bid items in the proposal so the project would not bedelayed if funding was not secured for the items. John emphasized amenities areadditional.to the project costs and would be included in the proposal as separate lineitems.

10. Additional questions were asked by the franchise utility companies:a. wpy is the right ofway width different along different sections ofHunter Ferrell

Road?The roadway was shifted, increasing the right ofway width, along the east end ofthe project to avoid existing residential areas. This will also allow more room fortemporary traffic control and utility relocations.

71

55! HaiffAssociatesENGINEERS. ARCHITECTS· SCIENTISTS· PlANNERS· SURVEYORS


b. Has the right of way been acquired? Can franchise utilities utilize the slopeeasements for their relocations?No -:- many ofthe easements will be temporary and none will be dedicated asutility easements.

11. Bob Chapman said that the City ofIrvlng is considering requesting overhead utilities togo underground. This could be considered as an amenity. The Cities and County willconsider this further.

12. It was asked if the County or Halff Associates would stake the right-of-way (for franchiseutilities). .No - staJdngfor relocations will be the responsibility ofthe utility.

13. Don Holzworth emphasized that decisions need to be made so as not to impact theproject's critical path. Separate utility meetings should. be scheduled to determine thelocations and schedules ofutility relocations. John Mears said Plans Adequate should beavailable by September and utilities can be installed as soon as the right ofway isacquired.

14. Jerry Roberts discussed some of the impacts due to the project. The majority of theproject is in the floodplain and/or floodway. The City oflrving previously had a MasterDrainage Studyprepared, and it indicated the need for an overflow channel for BearCreek. This was taken into consideration in the Hunter Ferrell Road project, and anoverflow channel was designed. The proposed bridge will span Bear"creek (naturalchannel) and the proposed overflow channel.

All perniits are complete, including the COE Section 404, CLOMR, and CDC. They willbe submitted to the proper authorities upon direction from Dallas County.

The Big Tex Mobile Home Park wilfbe impacted by the project. Approximately 16trailers will need to be removed or relocated. The number of access points from thetrailer park to Hunter Ferrell Road is also being reduced. Jim O'Connor pointed out thatthe lots in the trailer park are lease spaces and-that there is only one owner for the park.Irving's City Council has approved the project's impacts to Big Tex Mobile Home Park.However, there was no owner representationpresent at that meeting. There will likely besome resistance from the owner and tenants. Don Holzworth said they will receive .relocation benefits as provided by law.

72

Ei! HaIffAssociatesENGINEERS. ARCHITECTS. SCIENTISTS. PlANNERS. SURVEYORS

HunterFerrell RoadMeeting Minutes40f6

15. John Mears asked Romin Khavari about access needs at Lone Star Park.. Romin said thePark will need to access Levee Road during events.

16. Median openings were briefly discussed. This will be a major topic during primarydesign.

17. The question was asked if the franchise utility companies will be required to obtain aCaE 404 Perrrrit. Megan Claycamp said the utilities can bore without obtaining a perrrrit.Trenching may require a perrrrit. However, it will be covered under NWP 12 - UtiliWLine Activities. An Individual Permit will not be required.

18. John asked the Cities iftheywant to include 3-D visualization in the Primary DesignPhase. Don Holzworth gave a summary of the presentation recently made by Halff, forthe County. The Cities are to consider if they think this will be ofvalue to the project.TheCoimty would use the 3-D video for the upcoming public workshops, to show.streetscaping, and as a tool when meeting 1 on 1 with property owners. If thevisualization is used, the cost to produce the vigeo would be split between the County($14,000) and the Cities ($7,000 each). The production time to prepare the video isestimated to be 8-weeks;

19. A conversation regarding streetscape ensued; Romin Khavari said tbe City of GrandPrairie is considering a Master Beautification Plan. Typically, the City spends up to 5%of the project cost for streetscape. But with water rationing becoming a reality, this maychange. Don Holzworth suggested xeriscaping to provide beautification and waterconservation.

20. John pointed out that the typical sections shown are not "standard" - the 2% parkwaycross-slope does not extend to the right of way line. John asked the Cities ifthey approveof the sections or they would like to use standard sections or adjust the right ofway lineto the top of the parkway slope. David Mullins said the City ofIrving has not decided atthis time.

21. It was mentioned that franchise utilities typically do not install their lines until the fill isin. This could be an issue but will be dealt with during utility coordination.

22. Romin·Khavari asked why the City of Irving is using temporary easements as opposed toslope easements. Doug Janeway said with 4:1 slopes there is no real need for slopemaintenance and City code says you cannot remove lateral support from an adjacent

73

EE! HalffAssociatesENGINEERS. ARCHITECTS· SCIENTISTS· PLANNERS· SURVEYORS


property. Perrnanenteasements can also restrict development of the property or conflictwith building lines. John Mears said the County prefers permanent easements becausethe slopes are critical to the roadbed.

Property condemnation was discussed. Don Holworth said the Countyhas the right tocondemn because the project is for the public's purpose. However, the County has a lowincidence rate of condemnation cases.

23. The funding breakdown was presented. John Meats would like to reach a consensus onhow the project should be fairly broken down - on a percentage basis or a point ofconstruction. Jerry Roberts discussed how the city limits would be reassigned after theproject is complete. Hunter FerrelJ RoadwilJ be in the City of Grand Prairie fromBeltline Road to the east end ofthe bridge. The city limit line"will be the north right ofway line along this section. At the east end of the bridge, the city limit line wilJ cross tothe south right ofway line and the remainder of Hunter FerrelJ Road, to MacArthur Blvd,will be in Irving. It was mentioned that a portion ofMacArthur Blvd. was still an orphanroad. Don Holzworth said this wilJ be resolved at the end of the project.

MacArthur will be included in Irving ajier construction o/this project is complete.Details are in the Supplemental Agreement. The exact limits wilt be provided to Halff/ortheir use in preparing the Hunter Ferrell Road city limit documents.

24. The project budget was discussed. The right ofway costs were originally estimated to be$2,000,000. The latest estimates indicate the right ofway costs to be in the range of$3,700,000. The funding can be considerec{as "balanced" if the project's contingencyline item is used for right ofway costs. However, this means there is no contingency leftin the project, at the beginning of construction. This works technically, but notpractically. The project may need additional funding or alternate bid items to account forutility relocations (MagelJan Pipeline), city amenities and rising construction costs.

25. Don Holzworth expressed the need for a Value Engineering workshop to try to reduceright of way and other project costs. The project should not begin without somecontingency funds.

26. John Mears summarized the project schedule. It is currently on track. Hunter Ferrell is aProgram 2009 Project, which means it should be in construction by the end of2009.

74

5Ei HalffAssociatesENGINEERS. ARCHITECTS. SCIENTISTS· PLANNERS· SURVEYORS


27. David Mullins asked about the cost participation and how it was broken down.It is stated in the MCIP Agreement.

28. John Mears said he anticipated that the County would acquire the right ofway for theproject.

Please review the record of the meeting and contact Lisa M. Rhudy or Jerry F. Roberts at HalffAssociates, Inc. if yon wish to make corrections.

HUNTER FERRELL ROAD MCIP PROJECT 40704/40805(BELT LINE ROAD TO MACARTHUR BOULEVARD)

PRE-DESIGN CHARRETTE MEETINGTHURSDAY DECEMBER 14, 2006

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DALLAS COUNTYPUBLIC WORKS

January 15,2008

MEMORANDUM:

79

l: LI!"i'TY, -, co

00 1''' () r" 2 ~:""I".', .. ,-J jf =LO

TO:

FROM:

SUBJECT:

Backgrollnd:

Commissioners Court ~

Selas Camarillo, P.E., R.P.L.S., Assistant Director - Property Division

SH 121 91-552/50049(Tarrant County Line to Denton Creek)Agreement to Contribute Funds

State Highway 121 Project 91-552/50049 is located in Road and Bridge District No. I and isbeing administered by the Texas Department of Transportation (TxDOT). Under thiscooperative joint venture Dallas County funds the local share of the cost of ROWand utilityadjustments based on an estimate provided by TxDOT. Since this project is on the StateHighway System the Dallas County contribution was based on ten percent of the ROWandutility adjustment costs. TxDOT will be the acquisition agency on this project and thecounty's role will be only funding participation. Proposition 1 of the 1991 Dallas CountyThoroughfare Bond Program allocated funding for the local 10% share.

TxDOT has notified Dallas County that it is ready to proceed with the right of wayacquisition of the subject project and has provided the estimate of the total cost of right ofway and utility adjustments in the amount of$I,IOO,OOO.OO.

Impact 011 Operations:

N/A

Strategic Plan Compliance:

The subject request is consistent with Dallas County Strategic Plan, Vision 4: Dallas Countyproactively addresses critical regional issues. Through this project Dallas County ispartnering with the city of Grapevine and TxDOT to ease congestion and increase trafficefficiency on a major arterial road that crosses jurisdictional boundaries with Dallas County.

Legal Information:

TxDOT advises that it will begin the acquisition activities as soon as Dallas County executesthe "Agreement to Contribute Funds" and sends a check to TxDOT in the amount of$]] 0,000.00, being the amount eq\lal to ten percent (l0%) of the local share of the cost ofright of way.

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

80

Commissioners CourtJanuary 15, 2008Page 2

Financial Impact:

The local ten percent share $1 10,000.00 is based on the last estimate from TxDOT. The fundsfor this project are available from the 199I Dallas County Thoroughfare Bond Program,Project 91-552/50049.

Project Schedule:

This project is on the State Highway system.

Recommendation:

The Director of Public Works has reviewed the TxDOT "Agreement to Contribute Funds"and the estimate of the total cost of right of way and utility adjustments and recommends thatthe Commissioners Court authorize: (I) the County Judge to execute theAgreement to Contribute Funds and (2) payment to TxDOT in the amount not to exceed$1 10,000.00.

If the Commissioners Court concurs with the matter above a Court Order will be placed onthe next formal agenda.

Approved By:

M{2J,l Donald R. Holzwarth, P.E.1(?11.- Director ofPublic Works

Cd,SCCdmydodsdbriejSH121 agree lOjund

Attachment

81

~....'::,.,-:-Form ROW~R1I.1·129

Replaces Form ROW.RM~129~ ROW~R..M.~130

(Rev. 612006)GSD-EPCPage 10f2

AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT

County: DallasDistrict: Dallas

Federal Project No:Highway: SH 121

ROWCSJNo:CONST CSJ No: 0364-02-021

This Agreement by and between the State ofTexas, acting by and through the Texas Department of Transportation,

hereinafter called the State, and Dallas County, Texas, acting by and through its duly authorized officials pursuant

to an Ordinance or Order dated the __ day of , hereinafter eaIIed the Loeal

Government, shall be effective on the date ofapproval and execution by and on behalfofthe State.

WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire

right of way and adjust utilities for a highway project on Highway No. SH 121 with the following project limits:

From: Tarrant County Line

To: Denton Creek; and

WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary

right ofway and adjustment ofutilities for said highway project; and

WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined

in 43 TAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper

improvement of the State Highway System;

NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom,

the Local Government agrees to contribute to the State from available 1991 Transportation Bond Funds, an

amount equal to ten percent (10%) of the cost of the right of \\'llY to be acquired by the State and shall transmit to

the State \\ith the return of this agreement, duly executed by the Local Government, a warrant or check in the

amount of One Hundred Ten Thousand and 00/100 Dollars ($110,000.00 ), which represents ten percent (10%) of

One Million One Hundred Thousand and 00/100 Dollars ($1,100,000.00), the estimated total cost of the right of

way. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the

Local Government \\ill \\ithin thirty (30) days after receipt of a written request from the State for additional

funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way

acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent

domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or

adjustment ofeligible utilities.

Whenever funds are paid by the Local Government to the State under this agreement, the Local Government

shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The

warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the

escrow account may only be applied to this highway project. Upon completion of the highway project and in the

event the total amount as paid by the Local Government is more than ten percent (J 0%) of the actual cost of the

right ofway, any excess amount mil be retumed to the Local Government by the State, or upon written request of

the Local Government, the excess amount rnay be applied to other State highway projects in which the Local

Government is participating.

82

Form ROW-RM-J29(Rev. 6/2006)Page 2 of2

In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule,policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facilityrequirements, is more restrictive than State or federal regulations, or any other locally proposed change, including,but not limited to, plats or re-plats, results in any increased costs to the State, then the Local Government will payone hundred percent (100%) of all such increased costs, even if the applicable county qualifies as an economicallydisadvantaged county. The amount of the increased costs associated with the existing, future, or proposed LocalGovernment ordinance, commissioners court order, rule, policy, or other directive will be determined by the Stateat its sole discretion.

The State shall maintain all books, papers, accounting records and other documentation relating to costs incurredunder this agreement and shall make such materials available to the Local Government and, if federally funded,the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection atits office during the contract period and for four (4) years from the date of completion of work defined under thisagreement or until any impending litigation, or claims are resolved. Additionally, the Local Government andFHWA and their duJy authorized representatives shall have access to all the governmental records that are directlyapplicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. TheLocal Government auditor may conduct an audit or investigation of any entity receiving funds from the LocalGovernment directly under this agreement or indirectly through a subcontract under this agreement. Acceptance offunds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance ofthe authority of the State aUditor, under the direction of the legislative audit committee, to conduct an audit orinvestigation in connection with those funds.

THE LOCAL GOVERNMENT fiDallas County OR~

By:-~=---------Jim FosterTitle: County Judge

Date: _

EXECUTION RECOMMENDED:

District Engineer, Dallas District

THE STATE OF TEXAS

Executed and approved for the Texas TransportationCommission for the purpose and effect of activatingand/or carrying out the orders, established policies orwork programs heretofore approved and authorizedby the Texas Transportation Commission.

By: ---=--::--=---:-cc-::-------John P. Campbell, P.E.Right of Way Division Director

Date: _

83

DALLAS COUNTYOffice of Information Technology

January 9, 2008

To: Commissioners Court

From: Robert A. Clines, ChiefInformation Officer

SUBJECT: Justification for Same Day Briefing and Court Order - Jury Management System

On January 8th, 2008, the Commissioners Court approved a Court Order for the JuryManagement System to be procured from ACS. This briefmg and Court Order are to identifY theadditional funding required and to authorize the funds required to create the Purchase Order forthe contract.

84

January 8, 2008

To:

From:

DALLAS COUNTYOffice of Information Technology

c..-"c?c~ ...:.-:;.

C01l11lUssioners Court

Ty Keller, Senior Project Manager

Through: Robert A. Clines, ChiefInformation Officer

SUBJECT: Jury Management System - Secure Funding

BACKGROUNDIn 2002 there was a need identified for a replacement of the Jury Management software that ishosted on the Dallas County Main Frame. As part ofthe 2002 budgeting process, $250,000 wasset aside in the Major Technology Fund for this purpose. The research and investigationassociated with initiating this project in 2002 failed to establish a compelling business case forgoing forward with the project at that time. The Jury management department and JudgeCruzeot brought the need forward again and the Commissioners Court was briefed on April 24,2007 with the results of the RFP process, Court Order 2007-923 was approved on May 9th 2007authorizing the continuation of the Jury Management System and the negotiation of a contractwith ACS.

OPERATIONAL IMPACTThe system provides for the creation of improved/automated processes and procedures to supportthe efforts of the task force on Jury Assembly and Administration.

The deliverables for this project are:• ACS Jury Management Software -

(Juror Core, eJuror, Imaging and Telephone (lVR))

Additional requirements not included in ACS proposal:• Cabling and communications upgrade costs• Professional Services (installation support)

• Servers• Bar Code Scanners• Upgrade desktops/printers for GAB & FCCB

Total hardware and installation costs

$260,940

$ 19,480$ 68,200$ 30,600$ 4,500$ 34.800$157.580

Total costs for Project $418,520

85

STRATEGIC PIJAN COMPLIANCEThis project is consistent with the County's new strategic plan in support ofVision I: DallasCounty is a model interagency partner, through the project team's efforts in assess and streamline County workforce for efficiency and operation and adopt customer-friendly rules andpolicies.

LEGAL IMPACTLegal and Purchasing have negotiated a detailed contract with ACS for the Jury Services system.

FINANCIAL IMPACTThe original funding set aside in 2002 was $250,000. There will need to be an additional$168,520 allocated from the 2008 Major Technology Fund. Funds are available in the MTFUnallocated Reserves to be transferred to the project.

RECOMMENDATIONRecommend that the Commissioners Court approve the spending of the original $250,000 from2002 and authorize the additional funding of$168,520 to complete the implementation of theJury Services project.

Recommended by:

Robert A. Clines, CIO

86

DALLAS COUNTYCOMMISSIONERS COURT ADMINISTRATION

o(0L _

Date:

To:

From:

Subject:

January 7,2008

Commissioners Court

Michael Webb

Rational for Submitting Briefing and Court Order in the Same Week:

Serge Klokov- Senior Developer Position

This briefing and Court Order were submitted on the same day since Serge's original contract has

expired and the pending implementation dates of several of his projects. Therefore an immediate

start date is necessary.

Michael Webb, IT Services

87

TO:

THROUGH:

FROM:

SUBJECT:

DALLAS COUNTYOffice ofInformation Technology

~.(-..I

e--...

January 7, 2008

Commissioners' Court

Robert Clines, ChiefInfonnation Officer

Michael Webh, Software Manager A1S

Serge Klokov, Senior Developer

. -~',

BACKGROUNDSenior Developer, Serge Klokov joined the Dallas County on June 19,2007 under a 6 month personal services contractthrough Adea Solutions. The contract was entered with the agreement that Serge would convert to a Dallas Countyemployee when his contract expired. Before employing Serge his sponsor company gave us assurances that hisimmigration paperwork would be complete before the end of his contract. Recently Serge was infonned by immigrationofficials that his work authorization papers had not been processed due to extremely high case volume. Therefore Sergewill not become a County employee when his contract expires on January 11,2008. In an effort to resolve this situationAdea agreed to offer Serge's services to us at cost until he obtains his immigration paperwork. The salary would beequal to a pro-rated portion of the yearly salary for a Senior Developer for Dallas County.

OPERATIONAL IMPACTSerge is a key member of our development and support team. He is currently working on the following critical projects:

• Court assignment

• TIS• Incident Reporting• TDC Monthly Enhancements

The latter two projects are the result of state mandated changes to jail inmate reporting. Serge's efforts are critical in oureffort to successfully implement these projects.

FISCAL IMPACTThe 6 month contract-to-hire position with Adea Solutions for the services of Serge Klokov will not exceed $40,000 andis a pro-rated portion of the maximum in hire salary for a Senior Developer. The County will not bear any additional

costs.

RECOMMENDATION:It is recommended that the Dallas County Commissioners' Court authorize the contract with Adea Solutions for theservices of Serge Klokov for a total cost not to exceed $40,000.

Recommended by:

Robert A. Clines, Chieflnfonnation Officer

411 Elm Street - 3" Floor, Dallas, Texas 75202-3340(214) 653-7334. Fax (214) 653-6517. [email protected]

88

COUNTY OF DALLAS §

STATE OF TEXAS §

PERSONAL SERVICES CONTRACT ("Contract")between

DALLAS COUNTY ("County"),and

ADEA SOLUTIONS ("Contractor")for the

SERVICES OF SERGE KLOKOV

1. PURPOSE

This Contract is entered into by and between County and Contractor for the services of SergeKlokov in accordance with the Commissioners Court Order and pursuant to the authority granted bythe Texas Local Government Code chapter 262 for programming, conversion, and productionsupport services relating to supporting the Dallas County Integrated Criminal Justice Systems. Theservices are inclusive of all tasks relative to the software development life cycle and support of anyvendor maintained applications. The specific service of Serge Klokov is critical in the process ofachieving these operational goals in the most efficient manner, due to his special background andexperience, including his prior services relating to .Net version 1.1/2.0 development and .Netframework conversion from version 1.1 to 2.0.

2. TERM

Unless otherwise stated in this Contract, the Term of this Contract will be from January 15, 2008through June 30, 2008.

3. SCOPE OF SERVICES

Contractor shall provide the services of Serge Klokov for the entire Term of this Contract. SergeKlokov shall perform the following services, including, without limitation:

A. Design, develop, and implement new programming code to support TIS, court assignmentand state mandated changes to jail inmate reporting.

B. Follow approved life cycle methodologies, which include, without limitation, requirementsanalysis and documentation,

C. Resolve technical issues through debugging, research, and investigation and

D. Provide Tier 2 Support to user community;

4. PAYMENT FOR SERVICES

A. Contractor agrees to submit to the Chief Information Officer ("cia") complete, fullydocumented and accurate itemized statements of invoices with appropriate/applicableattachments, statistical and programmatic documentation reports, as required by County forthe performed services on or before the Fifteenth (15th

) and the Thirtieth (30th) of each

PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONSFOR THE SERVICES OF SERGE KLOKOV·· 2008

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calendar month.

B. Each statement shall be in a form acceptable to the Dallas CountyAuditor, and shall includedetails of the services rendered as may be requested by the Auditor for verificationpurposes. The statement shall, at a minimum, include a description of the services, theday(s) and the amount of time during the day(s) that Contractor performed the services, andthe total amount billed for services rendered.

C. After receipt of the statement, the CIO shall review the statement and approve it with anymodifications deemed appropriate and thereafter forward the statement with anymodifications to the County Auditor for payment. Contractor shall hold harmless andindemnify the County for any discrepancy between the amount submitted for paymentand the actual payment finally approved by theCIO.

D. Upon receipt of statement, County agrees to compensate Contractor from the MajorTechnology Fund within thirty (30) business days at a pro-rated value ofThirty-Seven Dollarsand 00/100 ($37.00) per hour for such services. County will make payment to Contractorupon receipt of a verified and proper billing for services actually rendered. Any payments byCounty to Contractor may be withheld if the Contractor fails to comply with County's contractprovisions, deliverables, or other requirements relating to Contractor's performance of workand services under this Contract. County shall pay Contractor only for those costs that areallowable under applicable laws, including, without limitation, the federal rules, regulations,cost principles, and those stated in this Contract. County shall have the right to withhold allor part of any payments to the Contractor to offset any payment or reimbursement made toContractor for ineligible expenditures, undocumented units of service billed, and any profitmade from the program by Contractor.

E, Not to Exceed Amount. The maximum amount to be paid under this Contract is FortyThousand and 00/100 Dollars ($40,000.00).

F. Contractor agrees that a temporary delay in making payments due to the County'saccounting and disbursement procedures shall not place the County in default of thisContract and shall not render the County liable for interest or penalties, provided such delayshall not exceed thirty (30) calendar days after its due date. Any payment not made withinthirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251of the Texas Government Code.

G, Prior Debts. County shall not be liable for costs incurred or performances rendered byContractor before or after the Contract Term; for expenses not billed to County within theapplicable time frames set forth in this Contract; or for any payment for services or activitiesnot provided pursuant to the terms of this Contract.

5. REPORTING AND ACCOUNTABILITY

A. Contractor agrees to submit all required documentation and reports on a timely basis and inaccordance with the specified time frames,

B. Contractor agrees that all information, data and supporting documentation that relates to theservices under this Contract shall remain the property of the County.

C. Should County determine it reasonably necessary, Contractor shall make all of his recordsand books reasonably related to this Contract available to authorized County personnel, at

PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONSFOR THE SERVICES OF SERGE KLOKO\/-· 2008

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reasonable times and within reasonable periods, for inspection or auditing purposes or tosubstantiate the provisions of services under this Contract. Required documents mayinclude, but are not limited to, documents pertaining to services provided for purposes ofprogramming, creation and modification of data fields, and records of telephone hours ofsupport provided.

D. Contractor agrees to make available, at reasonable times and for reasonable periods, thosesupporting documents pertaining to services. All documents shall be maintained and keptby Contractor for a minimum of four (4) years and ninety (90) calendar days after thetermination of the contract period. If any litigation, claim or audit involving these recordsbegins before the specified period expires, Contractor must keep the records anddocuments until the later occurrence of either the end of an additional four (4) years andninety (90) calendar days from date of court filings/audit findings, or until all litigation, claimsor audit findings are resolved.

6. INDEMNIFICATION

Contractor shall forever waive, release, indemnify and hold harmless County, itsCommissioners, Judge, assigns, officers, directors, employees, agents, representatives, andany third parties with whom County has or may in the future contract with to perform anyaspect of County's Information Technology business functions (referred collectively as"County"), from and against any and all losses, damages, injuries (including death), causesof action, claims, demands, liabilities, judgments, suits, losses, damages, fines,assessments, penalties, adverse awards and expenses (whether based upon tort, breach ofcontract, patent, trademark or copyright infringement, or other intellectual propertyinfringement, failure to pay employee taxes or withholdings, failure to obtain worker'scompensation insurance, or otherwise), whether known or unknown, including, withoutlimitation, legal and related legal fees and expenses, of any kind or nature arising out of or onaccount of, or resulting from (1) any actual or alleged intentional or negligent act or omissionof, or default in the performance of, attempted performance of, or failure to perform, hisobligations pursuant to this Contract by Contractor, his assigns, or his subcontractors,officers, directors, employees, agents or representatives (referred collectively as"Contractor"), (2) Contractor's involvement in the specified services under this Contract, (3)Any terms or conditions or provisions or underlying provisions of this Contract, includingbut not limited to, any premises or special defect known or unknown to County, and anyinjury to individuals present during Contractor's involvement under the terms and conditionsofthe services and Contract, including willful acts such as assault, copyright, licensing andpatent infringement relating to any software and lor equipment provided by Contractor; andwrongful imprisonment or other intentional torts as a result of incorrect and/or scrambledinformation downloaded from any software and/or eqUipment provided by Contractor, and (4)the selection, provision, misuse, use or failure to use, by Contractor or any person or entity,of any medical devices, tools, supplies, materials, equipment, any other devices, tools,supplies, materials, equipment, or vehicles (whether owned or supplied by County, or anyother person or entity) in connection said work or operations;

No Indemnification by County. Contractor acknowledges and agrees that Dallas County isprohibited by Article XI, Section 7 of the Texas Constitution from indemnifying it or any otherthird party for damages arising under this Contract.

Hold Harmless by Contractor. Contractor expressly agrees that itwill act under this Contractas an independent contractor in accordance with the terms of this Contract and to hold


3

91

County free and harmless from any and all claims, liabilities, losses, damages, costs andexpenses arising from or with respect to any acts of Contractor or its agents which give riseto claims that such acts were committed by or on behalf of Dallas County, or by or on behalfof Contractor acting in the role of Contractor or otherwise.

Approval and acceptance of Contractor's services by County shall not constitute nor bedeemed a release of the responsibility and liability of Contractor, his subcontractors,employees, officers, agents, invitees, licensees or assigns for the accuracy and competencyoftheir services; nor shall such approval and acceptance be deemed to be an assumption ofsuch responsibility by the County for any defect, error or omission in the services performedby Contractor, his subcontractors, employees, officers, agents, invitees, licensees orassigns in this regard. Contractor shall defend, hold harmless and indemnify the County fordamages resulting from such defects, errors or omissions.

Survival. These provisions shall survive termination, expiration or cancellation of thisContract or any determination that this Contract or any portion hereof is void, voidable,invalid or unenforceable.

7. INSURANCE

A. Without limiting any of the other obligations or liabilities of the Contractor and each of itssubcontractors, Contractor agrees that it will have and maintain, and will require itssubcontractors to have and maintain, at own expense, in full force and effect minimuminsurance for themselves, including their officers, employees, agents, representatives,volunteers and subcontractors (collectively, "Contractor") with companies approved by theState of Texas and satisfactory to County

B. As a condition precedent to commencement of any work, within ten (10) calendar days afterthe Effective Date of this Contract, Contractor shall furnish to the Dallas County Director ofPurchasing (at the same address given below under this Insurance heading) the followingminimum insurance coverage that show the County as the certificate holder and covers theperiod of the Term of this Contract and any renewals:

1) Statutory Workers' Compensation Insurance that meets the requirements of theTexas Workers' Compensation Act, Tille 5, Subtitle A of the Texas Labor Code, or, ifself-insured, then Contractor must provide to County evidence of a certificate issuedby the Workers' Compensation Commission approving such self-insurance. ifContractor has no employee (as defined by the Texas Workers' Compensation Act),Contractor shall provide County with a sworn Affidavit in lieu of a Certificate ofInsurance, which Affidavit shall be attached and incorporated into this Contract byreference for all purposes. and which shall state that there is no employee. In theevent that any work is subcontracted, Contractor shall require the subcontractors tosimilarly provide Workers' Compensation Insurance for all of the subcontractors'employees, unless such employees are afforded protection by the Contractor.Contractor shall bear the burden of all workers' compensation coverage for all of itssubcontractors and subcontractors' employees who do not have workers'compensation coverage. Contractor also represents that the coverage will be basedon proper reporting of classification codes and payroll amounts, and that allcoverage agreements will be filed with an appropriate insurance carrier, or in thecase of self insurance, with the Texas Workers' Compensation Commission.Providing false or misleading information may SUbject Contractor to administrative

PERSONAL SERVICES CONTRACT BETWEEN OALLAS COUNTY & ADEA SOLUTIONSFOR THE SERVICES OF SERGE KLOKOV-- 2008

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penalties, criminal penalties, civil penalties or other civil actions.

Types of CoverageWorkers' CompensationBodily injury by AccidentBodily injury by DiseaseBodily injury by Disease

Limits of LiabilityStatutory Employer's Liability$500,000.00 Each Accident$500,000.00 Each Employee$500,000.00 Policy Limit

2) professional Liability Insurance or Errors and Omissions Insurance. Contractor shallindemnify County for damages resulting from defects, errors or omissions and shallsecure, pay for and maintain in full force and effect during the Term of this Contractand any subsequent extensions hereto and thereafter for an additional five (5) yearsfrom the effective date of cancellation, termination or expiration of this Contract orany subsequent extensions hereto, sufficient errors and omissions insurance in aminimum amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) peroccurrence with certificates of insurance evidencing such coverage to be provided tothe County.

3) Commercial General Liability Insurance, including Contractual Liability Insurance.Contractor shall maintain Commercial General Liability Insurance coverage for thefollowing: (a) Premises Operations; (b) Independent contractors or consultants; (c)Products/Completed operations; (d) Personal injury; (e) Contractual liability; (f)Explosion, collapse and underground; (g) Broad form property damage, to includefire legal liability. Such insurance shall carry a limit not less than Five HundredThousand and 00/100 ($500,000.00) for bodily injury, property damage, and blanketcontractual coverage per occurrence with a general aggregate of Five HundredThousand and 00/100 ($500,000.00) and products and completed operationsaggregate of Five Hundred Thousand and 00/100 ($500,000.00). There shall not beany policy eXClusion or limitations for personal injury, advertising liability, medicalpayments, fire damage, legal liability, broad form property damage, and/or liability forindependent contractors and volunteers, or such additional coverage or increase inlimits, including those contained within any bid specifications.

4) Commercial Automobile Liability Insurance. Any liability associated with theoperation of a vehicle by Contractor, its agents or employees, in connection with theperformance of services under this Contract shall not be the responsibility of theCounty.

C. Contractor agrees that, with respect to the above referenced insurance, all insurancecontracts/policies will contain the follOWing required provisions:

1) Name County, including its elected officers, employees and authorized agents, asadditional insureds (as the interest of each insured may appear) as to all applicablecoverage.

2) This insurance shall not be canceled, limited in scope or coverage or non-renewed untilafter thirty (30) calendar days prior written notice, or ten (10) calendar days for nonpayment of premium, has been gwen by the insurance company to the County.

3) Provide for an endorsement that the "other insurance" clause shall not apply to theCounty where the County is an additional insured on the policy.

PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONSFOR THE SERVICES OF SERGE KLOKOV- 2008

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4) Provide for notice to the County to the person and at the address shown below bycertified mail, return receipt requested, and full postage paid, sent to:

Dallas County Director of PurchasingRecords Building, &h F/oor509 Main Street, Room 623Dallas, Texas 75202-5799

5) Contractor agrees to waive subrogation, and each applicable policy of insurance shallstate a waiver of subrogation, against County, inclUding its elected officials, officers,employees, volunteers, agents and representatives, for injuries, including death,property damage and/or any other bss.

D. Contractor shall be solely responsible for all cost of any insurance as required here, any andall deductible or self-insured amount, which in no event shall exceed ten percent (10%) ofthe amount insured and in the event that an insurance company sluuld deny coverage.

E. It is the intent of these requirements and provisions that Contractor's insurance covers allcost and expense so that the County, including its elected officials, officers, employees,volunteers, agents and representatives will not sustain any expense, cost, liability or financialrisk as a result of the performance of services under this Contract.

F. Insurance certificates. The certificates of insurance shall list Dallas County as the certificateholder. Any and all copies of Certificates of Insurance shall reference any applicable RFP(Request for Proposal) number for which the insurance is being supplied. All insurancepolicies or duly executed certificates for the same required to be carried by Contractor underthis Contract, together with satisfactory evidence of the payment of the premium thereof,shall be delivered to the Dallas County Director ofPurchasing located at the Dallas CountyRecords Building, 509 Main Street, 6/h F/oor, Dallas, Texas 75202 within ten (10) calendardays of execution and/or renewal of this Contract and upon renewals and/or materialchanges of such policies, but not less than fifteen (15) calendar days prior to the expirationof the term of such coverage, or such non-delivery shall constitute a default of this Contractsubject to immediate termination at County's sole discretion.

G. All insurance coverage shall be on a per occurrence basis or a per claim basis if Contractorprovides for five (5) year tail coverage, unless specifically approved in writing and executedby the County's Director of Purchasing and Risk Manager.

H. All insurance required to be carried by Contractor and/or subcontractors under this Contractshall be acceptable to the County in form and content, in its sole discretion. All policies shallbe issued by an insurance company acceptable and satisfactory to County and authorized todo business in the State of Texas. Acceptance of or the verification of insurance by Countyshall not relieve or decrease the liability of the Contractor.

I. Minimum insurance is a condition precedent to any work performed under this Contract andfor the entire Term of this Contract, inclUding any renewals or extensions. In addition to anyand all other remedies County may have upon Contractor's failure to provide and maintainany insurance or policy endorsements to the extent and within the time herein required, orsuch insurance lapses, is reduced below minimum requirements or is prematurelyterminated for any reason, County shall have the right to:

1) Order Contractor to stop work hereunder, which shall not constitute a Suspension

PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONSFOR THE SERVICES OF SERGE KLOKOV-- 2008

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of Work;

2) Withhold any payment(s) which become due to Contractor until Contractor

demonstrates compliance with the requirements and assurance and proof

acceptable to County that the-e is no liability to County for failure to provide such

required insurance;

3) At its sole discretion, declare a material breach of this Contract, which, at County's

discretion, may result in:

a) termination of this Contract;

b) demand on any bond, as applicable;

c) the right of the County to complete this Contract by contracting with the "next low

proposal." Contractor will be fully liable for the difference between the

original Contract price and the actual price paid, which amount is payable to

County by Contractor on demand; or

d) any combination of the above;

4) Any combination of the above.

J. Approval, disapproval or failure to act by the County regarding any insurance supplied by

Contractor shall not relieve Contractor of full responsibility or liability for damages and

accidents as set forth herein. Neither shall bankruptcy, insolvency or denial of liability by any

insurance company exonerate the Contractor from liability.

K. Acceptance of the services, or failure to act by County shall not constitute nor be deemed a

release of the responsibility and liability of Contractor, its employees, associates, agents or

subcontractors for the accuracy and competency of their services; nor shall such acceptance

be deemed an assumption of responsibility or liability by County for any defect in the

services performed by Contractor, its employees, subcontractors, and agents.

L. Nothing herein contained shall be construed as limiting in any way the extent to which

Contractor may be held responsible for payments of damages to persons or property

resulting from Contractor's or its subcontractor's performance of the work covered under this

Contract.

M. Survival. The provisions of this Section shall survive termination or expiration of this

Contract or any determination that this Contract or any portion hereof is void, voidable,

invalid or unenforceable.

N. Insurance Lapse. Pursuant to Section 94.73 of the Dallas County Code, if the Contractor

fails to maintain the insurance required under the Contract continuously at all times during

the period stated in the Contract, or otherwise has a lapse in any of the required insurance

coverage, including workers' compensation coverage, the Contractor shall reimburse the

County for any and all costs, including attorney's fees incurred by the County in curing said

default. In the event of any insurance lapse, the County shall retain five percent (5%) of the

value of the total Contract Sum for a period of six (6) months from the date of the cure of the

insurance lapse or the date the Contract has ended, whichever is later, to cover the County's

potential exposure to liability during the period of the insurance lapse.

PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONS

FOR THE SERVICES OF SERGE KLOKOV·· 2008

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In the event that the Contractor does not maintain insurance as required by the Contract, theContractor shall immediately cure such lapse at the Contractor's sole cost and expense, andpay the County in full for all costs and expenses incurred by the County under the Contractas a result of the Contractor's failure to maintain insurance, including, but not limited to, anyand all costs and reasonable attorney's fees relating to the County's efforts to cure suchlapse in insurance coverage. Such costs and attorney's fees, which shall not exceed OneThousand Five Hundred and 00/100 Dollars ($1500.00), shall be automatically deductedfrom monies owed to the Contractor by the County under the Contract. If the monies owedto the Contractor under the Contract are less than the amount required to cure the lapse incoverage, the Contractor shall pay such monies to the County upon written demand.Moreover, upon any lapse of the required insurance by the Contractor, the County shallimmediately retain five percent (5%) of the total value of the Contract to cover the County'spotential exposure to liability during the period of such insurance lapse. The five percent(5%) retainage shall be immediately deducted from any monies due to the Contractor by theCounty under the Contract and held by the County for a period of six (6) months from thedate of the cure of the insurance lapse or a period of six (6) months from the date theContract has terminated, expired, or otherwise ended, whichever is later. If no claims isreceived by or lawsuits filed against the County for any applicable matters, accidents orinjuries that occurred during the lapse of insurance, the retainage shall be promptly returnedto the Contractor upon written request. Notwithstanding the foregoing, in the event a claim isreceived by or lawsuit is filed against the County for applicable matters, accidents, or injuriesthat occurred during the Contractor's insurance lapse, the County shall use the retainage todefend, pay costs of defense, or settle any and all such claims, lawsuits, or judgments, withany and all amounts in excess of the retainage to be paid by the Contractor upon writtendemand by the County.

8. EXPENSES

Unless prior written approval by County is obtained, Contractor shall be responsible for all mileageand other expenses related to the fulfillment of the requirements of the Contract.

9. TERMINA1l0N 1 SUSPENSION

A. Suspension. Should County desire to suspend the services, but not terminate the Contract,County shall issue a written order to stop work. The written order shall set out the terms ofthe suspension. Contractor shall stop all services as set forth in this Contract and will ceaseto incur costs to County during the term of the suspension. Contractor shall resume workwhen notified to do so by County in a written authorization to proceed. If a change in theterms and conditions of payment for services of this Contract is necessary because of asuspension, a mutually agreed Contract amendment will be executed in accordance with thisContract.

B. Termination. Either party may, at its option and without prejudice to any other remedy towhich it may be entitled to at law or in equity, or elsewhere under this Contract, terminate thisContract, in whole or part, by giving thirty (30) calendar days prior written notice thereofothe other party with the understanding that all services being performed under this Contractshall cease upon the date specified in such notice. County shall compensate the Contractorin accordance with the terms of this Contract for the services performed prior to the datespecified in such notice. In the event of cancellation, Contractor shall cease any and allservices under this Contract on the date of termination and to the extent specified in thenotice of termination. Upon receipt of such notice, Contractor shall not incur any new

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obligations or perform any additional services and shall cancel any outstanding obligations

or services to be provided. To the extent federal funds are available and reimbursementis

permitted, County will reimburse Contractorfor non-canceled obligations that were incurred

prior to the termination date. Upon termination of this Contract as herein above provided,

any and all unspent funds that were paid by County to Contractor under this Contract and

any and all County data, documents and information in Contractor's possession shall be

returned to County within five (5) business days of the date of termination. In no event shall

County's termination of this Contract, for any reason, subject County to liability.

1) Without Cause: This Contract may be terminated, in whole or in part, without cause,

by either party upon thirty (30) calendar days prior written notice tcthe other party.

2) With Cause: County reserves the right to terminate this Contract immediately, in

whole or in part, at its sole discretion, for the following reasons:

a) Lack of, or reduction in, funding or resources;

b) Non-Performance. Contractor's non-performance of the specifications ofthis

Contract or non-compliance with the terms of this Contract shall be a basis

for termination of the Contract by the County. Termination, in whole or in

part, by the County under this Section may be made at County's option and

without prejudice to any other remedy to which County may be entitled to at

law or in equity, or elsewhere under this Contract, by giving thirty (30)::lays

written notice to Contractor with the understanding that all services being

performed under this Contract shall cease upon the date specified in such

notice. County shall not pay for work, equipment, services or supplies that

are unsatisfactory or unauthorized. At County's sole discretion and with

written notice by County, Contractor may be given a reasonable opportunity

prior to termination to correct any deficiency in the work or services

performed under this Contract. County will consider a reasonable time to be

thirty (30) calendar days to cure any problems and/or deficiencies with

Contractor's performance, such problems and/or deficiencies being

determined by County. Nothing herein, however, shall be construed as

negating the basis for termination for non-performance or shall in no way limit

or waive County's right to terminate this Contract under any other provisions

herein.

c) Contractor's improper, misuse or inept performance of services under this

Contract;

d) Contractor's failure to comply with the terms and provisions of this Contract;

e) Contractor's submission of invoices, data, statements and/or reports that are

incorrect, incomplete and/or false in any way;

f) In County's sole discretion, if termination is necessary to protect the heath

and safety of clients;

g) If Contractor becomes or is declared insolvent or bankrupt, or is the SUbject

of any proceedings relating to his liquidation or insolvency or for the

appointment of a receiver or similar officer for him, has a receiver of his

assets or property appointed or makes an assignment for the benefit of all or

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substantially all of his creditors, institutes or causes to be instituted anyproceeding in bankruptcy or reorganization or rearrangement of hisaffairs,enters into an agreement for the composition, extension, or adjustment of allor substantially all of his obligations, or has a material change in his keyemployees; and/or

h) Contractor's inability to perform under this Contract due to judicial order,injunction or any other court proceeding.

10. NOTICE

Any notice to be given under this Contract shall be deemed to have been given if reduced to writingand delivered in person or mailed by overnight or Registered Mail, postage pre-paid, to the partywho is to receive such notice, demand or request at the addresses set forth below. Such notice,demand or request shall be deemed to have been given three (3) business days subsequent to thedate it was so delivered or mailed.

Robert Clines, Chief Information OfficerDallas County Management Info. System411 Elm Street, 3,d FloorDallas, TX 75202

11. SEVERABILITY

Mark E. Wilson, Executive Vice PresidentAdea Solutions7701 Las Colinas Ridge, Suite 300Irving, TX 75063

If any provision of this Contract is construed to be illegal or invalid, this will not affect the legality orvalidity of any of the other provisions in this Contract. The illegal or invalid provision will be deemedstricken and deleted, but all other provisions shall continue and be given effect as if the illegal orinvalid provisions had never been incorporated.

12. SOVEREIGN IMMUNITY

This Contract is expressly made subject to County's Sovereign Immunity, Title 5 ofthe TexasCivil Practices and Remedies Code, and all applicable federal and state laws. The partiesexpressly agree that no provision of this Contract is in any way intended to constitute awaiver of any immunities from suit or from liability that the County has by operation of law.Nothing in this Contract is intended to benefitany third party beneficiary.

13. COMPLIANCE WITH LAWS AND VENUE

In providing services required by this Contract, Contractor must observe and comply with allapplicable grant requirements, licenses, legal certifications, or inspections required for the services,facilities, equipment, or materials, and all applicable federal, State, and local statutes, ordinances,rules, and regulations. This Contract shall be governed by Texas law and exclusive venue shall liein Dallas County, Texas.

14. AMENDMENTS AND CHANGES IN THE LAW

No modification, amendment, novation, renewal or other alteration of this Contract shall be effectiveunless mutually agreed upon in writing and executed by the parties hereto. Any alteration, additionor deletion to the terms of this Contract which are required by changes in federal or State law areautomatically incorporated herein without written amendment to this Contract and shall be effectiveon the date designated by said law.

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15. ENTIRE AGREEMENT

This Contract, including all Exhibits and attachments, constitutes the entire agreement between theparties hereto and supersedes any other agreement concerning the subject matter of thistransaction, whether oral or written.

16. BINDING EFFECT

This Contract and the respective rights and obligations of the parties hereto shall inure to the benefitand be binding upon the successors and assigns of the parties hereto, as well as the partiesthemselves.

17. GOVERNMENT FUNDED PROJECT

If Contract is funded in part by either the State of Texas or the federal government, the Contractoragrees to timely comply without additional cost or expense to County, unless otherwise specifiedherein, to any statute, rule, regulation, grant, contract provision or other State or federal lawrule,regulation, or other similar restriction that imposes additional or greater requirements than statedherein and that is directly applicable to the services rendered under the terms of this Contract.

18. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delaysin taking any action. The rights and remedies provided by this Contract are cumulative, and eitherparty's use of any right or remedy will not preclude or waive its right to use any other remedy. Theserights and remedies are in addition to any other rights the parties may have by law, statute,ordinance or otherwise. Contractor has a duty to mitigate damages.

19. FISCAL FUNDING CLAUSE

Notwithstanding any provisions contained herein, the obligations of the County under this Contractare expressly contingent upon the availability of funding for each item and obligation containedherein for the term of the Contract and any extensions thereto. Contractor shall have no right ofaction against County in the event County is unable to fulfill its obligations under this Contract as aresult of lack of sufficient funding for any item or obligation from any source utilized to fund thisContract or failure to bUdget or authorize funding for this Contract during the current or future fiscalyears. In the event that County is unable to fulfill its obligations under this Contract as a result oflack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may providefunds from a separate source or may terminate this Contract by written notice to Contractor at theearliest possible time prior to the end of its fiscal year.

20. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Contract may be executed in multiple counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. Words of any gender used in thisContract shall be held and construed to include any other gender any words in the singular shallinclude the plural and vice versa, unless the context clearly requires otherwise. Headings herein arefor the convenience of reference only and shall not be considered in any interpretation of thisContract.

21. PREVENTION OF FRAUD AND ABUSE


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Contractor shall establish, maintain and utilize internal management procedures sufficient to providefor the proper, effective management of all activities funded under this Contract. Any known orsuspected incident of fraud or program abuse involving Contractor's employees or agents shall bereported immediately by the County to the Office of the Inspector General for appropriate action.Moreover, Contractor warrants to be not listed on a local, county, State orfederal consolidated list ofdebarred, suspended and ineligible contractors and grantees. Contractor and County agree thatevery person who, as part of their employment, receives, disburses, handles or has access to fundscollected pursuant to this Contract does not participate in accounting or operating functions thatwould permit them to conceal accounting records and the misuse of said funds. Contractor shall,upon notice by County, refund expenditures of the Contractor that are contrary to this Contract anddeemed inappropriate by the County.

22. INDEPENDENT CONTRACTOR

Contractor, including his agents or employees, is an independent contractor and not an agent,servant, joint enterpriser, joint venturer or employee of the County, and is responsible for his ownacts, forbearance, negligence and deeds, and for those of his agents or employees in conjunctionwith the performance of work covered under this Contract.

23. ASSIGNMENT

Contractor assures that he will not transfer or assign his interest in this Contract without the priorwritten consent of the County. Contractor understands that in the event that all or sUbstantially all ofContractor's assets are acquired by another entity, Contractor is still obligated to fulfill the terms andconditions of this Contract. In the event of the assignment or sale of Contractor assets, the County,at its option, may terminate this Contract and at no cost to the County retain the use of any of theequipment, software and other items provided under this Contract. Contractor shall deposit allsystem and application software with an independent escrow agent. In the event of sale orassignment, County has the right of use of all source codes and at no cost perpetual license to useall software.

24. SUBCONTRACTING

Contractor may not enter into agreements with subcontractors for delivery ofthe designated servicesoutlined in this Contract without prior written consent of the County, which consent shall not beunreasonably withheld. The costs of all subcontracted services are included in the fees paid herein.Subcontracts, if any, entered into by the Contractor will be in writing and subject to all requirementsherein. Contractor agrees that he will solely be responsible to County for the performance of thisContract. Contractor shall pay all subcontractors in a timely manner. County shall have the right toprohibit Contractor from using any subcontractor.

25. CONFIDENTIAL INFORMATION AND OWNERSHIP

A. Contractor, including, without limitation, its employees and agents, shall not discloseprivileged or confidential communications or information acquired in the course of theperformance of the services under this Contract, unless authorized by law. Contractoragrees to safeguard and adhere to all confidentiality, privacy and security requirementsaccording to this Contract and the applicable federal, State and local rules and regulationsfor all information deemed confidential.

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B. Confidentiality. "Confidential Information" means information designated as confidential or

which would be recognized as confidential by a reasonable person from its nature and the

circumstances surrounding its disclosure. Confidential Information includes, without limiting

the generality of the foregoing, County Software, County Data, the terms of this Contract,

and information: (1) relating to the Disclosing Party's current or planned software (whether in

object code or source code form) or hardware products or services, technical and non

technical information, formulae, tools, patterns, compilations, programs, devices, techniques,

drawings, methodologies and processes; (2) relating to Disclosing Party's business, policies,

strategies, operations, finances, plans or opportunities, including the identity of, or

particulars about, the County's clients, customers or service providers; (3) marked or

otherwise identified as confidential, restricted, secret or proprietary, including, without limiting

the generality of the foregoing, information acquired by inspection or oral disclosure provided

such information acquired by inspection or oral disclosure provided such information was

identified as confidential at the time of disclosure or inspection; or (4) relating to individual

health information, including without limitation, mental health information, sexually

transmitted diseases information, and HIV-AIDS related information.

C. Exceptions. Notwithstanding the foregoing, Confidential Information does not include

information that the Receiving Party can establish: (1) has become generally available to the

public or commonly known in either Party's business other than as a result of a breach by

the Receiving Party of any obligation to the Disclosing Party; (2) was known to the Receiving

Party prior to disclosure to the Receiving Party by the Disclosing Party by reason other than

having been previously disclosed in confidence to the Receiving Party; (3) was disclosed to

the Receiving Party on a non-confidential basis by a third party who did not owe an

obligation of confidence to the Disclosing Party with respect to the disclosed information; (4)

was independently developed by the Receiving Party without any recourse to any part of the

Confidential Information; or (5) in the case of County, any information related to the services

which County has publicly disclosed in connection with an RFP for information technology

services, including, without limitation, information of an operational, technical or financial

nature related to County.

D. Use of Confidential Information. During the term of this Contract, the Receiving Party may:

(1) disclose Confidential Information received from the Disclosing Party only to its

employees, agents, officers, directors, attorneys, and subcontractors who have a need to

know such information exclusively for the purpose of performing pursuant to this Contract

and who have executed a nondisclosure agreement containing provisions no less restrictive

than those contained herein, who are sUbject to other equivalent means to ensure

confidentiality; (2) reproduce the Confidential Information received from the Disclosing Party

only as required to perform pursuant to this Contract; and (3) disclose Confidential

Information as required by law, provided the Receiving Party gives the Disclosing Party

prompt notice prior to such disclosure to allow the Disclosing Party to make a reasonable

effort to obtain a protective order or otherwise protect the confidentiality of such information.

Except as otherwise specifically provided in this Contract, the Receiving Party shall not

during the term and after expiration or earlier termination of this Contract: (1) disclose, in

whole or in part, any Confidential Information received directly or indirectly from the

Disclosing Party; or (2) sell, rent, lease, transfer, encumber, pledge, reproduce, publish,

market, transmit, translate, modify, reverse engineer, compile, disassemble or otherwise use

the Confidential Information in whole or in part.

E. Care. The Receiving Party shall exercise the same care in preventing unauthorized

disclosure or use of the Confidential Information that it takes to protect its own information of

a similar nature, but in no event less than reasonable care.

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F. Return of Confidential Information. Immediately upon the Disclosing Party's request, and atthe expiration or earlier termination of this Contract or any other applicable renewal orextension hereto, the Receiving Party shall return or destroy all materials containingConfidential Information, including without limitation, all originals, copies, reproductions andsummaries, and all copies of Confidential Information present on magnetic media, opticaldisk, volatile memory or other storage device, in a manner that assures the ConfidentialInformation is rendered unrecoverable.

G. Notwithstanding the foregoing, County agrees, to the extent permitted by the PublicInformation Act, to keep confidential (and store in a secure area with limited access) and willnot copy, pUblish, sell, exchange, disclose, or provide to others or use any information,documents or data, provided to or disclosed to County, or any information related to thisContract, inclUding, but not limited to, any exhibit, attachment, amendment, addendum, orother incorporated document, for any purposes other than performing County's obligationsunder this Contract, unless prior written notification is given by COll1ty that such specifieditem will be released under the Public Information Act.

H. Confidential or Proprietary Marking. Any information or documents the Contractor uses inthe performance of the services provided under this Contract that Contractor considersconfidential or proprietary or that contains trade secrets must be clearly marked accordingly.This marking must be explicit as to the designated information. The designation, however,may not necessarily guarantee the non-release of the documents or information under theTexas Public Information Act or otherwise required by law

I. Ownership of County Data. All County Data shall remain the property of County. TheCounty Data shall not be used by Contractor other than in connection with providing theservices pursuant to this Contract, disclosed sold, assigned, leased or otherwise provided tothird parties by Contractor, or commercially exploited by or on behalf of Contractor, itsemployees, officers, agents, subcontractors, invitees, or assigns in any respect. Contractorshall not delete or destroy any County Data or media on which County Data resides withoutprior written authorization of County (acting through the County Commissioners Court,County Commissioners Court Administrator, County Contract Manager). At no cost toCounty, Contractor shall upon request promptly return to County, in the format and on themedia in use as of the date of the request, any and all requested portion of any County Datahe may possess or control.

J. County Software. County shall identify the County Software, if any, that Contractor isauthorized to use to perform the services pursuant to this Contract and specify the rights ofContractor to use the County Software for the benefit of the County.

K. Contractor Software. Contractor shall identify any Contractor Software that will be used toprovide the services under this Contract. Without the fully informed written consent of theCounty (acting through the County Commissioners Court, County Commissioners CourtAdministrator, or County Contract Manager), Contractor shall not use in performing theservices pursuant to this Contract any Contractor Software that is not commercially availableto County. Contractor shall install, operate and maintain, at his own expense, anyContractor Software needed to provide the services pursuant to this Contract. Contractorhereby grants to County, its contractors and subcontractors, to the extent necessary ordesirable for County or such contractors and subcontractors to perform the servicespursuant to this Contract, a worldwide, perpetual, royalty-free, nonexclusive license to useand modify Contractor Software for the sole and exclusive benefit of County. Exceptfor the

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foregoing license, Contractor shall retain all right, title and interest in and to the ContractorSoftware.

L. Use of Concepts. Nothing in this Contract shall restrict a party from the use of any ideas,concepts, know-how, methods or techniques that such party, individually or jointly, developsor discloses under this Contract or obtains from third parties, except to the extent that suchuse infringes the other party's patent rights, copyrights or other intellectual property rights orinvolves a disclosure or use of the other party's Confidential Information.

M. Security. To the extent Contractor has access to County facilities and systems, Contractorwill comply with the security procedures that are in effect during the Term of this Contract forthe security of County's facilities and County Data. Since Contractor personnel may havethe ability to defeat systems security provisions on devices containing related and unrelatedconfidential information or data, Contractor covenants that he shall not access such Countydata or information or assert waiver of these confidentiality requirements by virtue ofContractor's access.

N. County Ownership of Work Product and Intellectual Property. Contractor agrees that anyand all work, including, but not limited to, any and all analyses, evaluations, reports,memoranda, letters, ideas, formulae, processes, methodologies, tools, patterns,compilations, programs, devices, techniques, drawings, software, hardware, firmware,books, manuals, and films that are developed, prepared, conceived, made or suggested byContractor for County pursuant to this Contract, including all such developments,enhancements, and modifications that are originated or conceived during the term of thisContract and are completed and reduced to writing or any other tangible form thereafter(hereinafter, the "Work Product") is and shall remain the exclusive property of County.Contractor further agrees that all Work Product that results or could result in the productionof intellectual property, including, but not limited to, original computer programs, computersoftware, books, manuals, films or other original materials (hereinafter, the "IntellectualProperty") is and shall remain the exclusive property of County. All rights, title, and interestsin and to said property shall vest in County upon creation or upon crea~m in a fixed form.Any rights, title, and/or ownership interests, including patents and copyrights, that theContractor, any subcontractors, or any other workers may hold in the Work Product, anyother tangible media embodying the Work Product, or the Intellectual Property is herebyirrevocably assigned to County.

O. Work for Hire. All work made or performed under this Contract shall be considered to be a"work made for hire" under the copyright laws. County shall have the right to obtain and holdin its own name any and all patents, copyrights, trademarks, service marks, certificationmarks, collective marks, registrations, or such other protection as may be appropriate to theWork Product and/or Intellectual Property, and any extensions or renewals thereof. To theextent that any rights, title and/or interests to any such work may not, by operation of law,vest in County or such work may not be considered a "work made for hire" under applicablelaw, Contractor hereby irrevocably assigns to County any and all of Contractor's rights, titleand interests in and to said property. Contractor shall ensure that all rights, title and interestsin and to said property are secured to County from Contractor and his subcontractors.Contractor agrees to give County, and agrees to require his subcontractors to give toCounty, or any person designated by County, all assistance required to perfect the rights,title, and interests defined in this provision, without any charge or expense beyond thoseamounts payable to Contractor for the services rendered pursuant to this Contract.Contractor shall execute any documents and take any other actions reasonably requestedby County to accomplish the purposes of this provision. If, for any reason, County fails to

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obtain ownership of the Work Product and/or Intellectual Property and such ownership isvested in the Contractor, his employees or agents, Contractor agrees to (1) promptly andlegally transfer such Work Product and Intellectual Property to County wherever possibleand (2) wherever not possible, promptly grant to County a perpetual, exclusive, royalty-freeand irrevocable license to use the Work Product and Intellectual Property for any purpose,and to assign and sublicense his license rights. In the event Contractor, for any reason,shall have or claim any rights, title, and/or interests in or to said property, County reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use,and to authorize others to use, for County purposes: (1) the copyright in any work developedunder this Contract; and (2) any rights of copyright to which the Contractor, or hissubcontractors, purchases ownership under this Contract.

P. Survival. The provisions of this Section shall survive termination or expiration of thisContract or any determination that this contract or any portion hereof is void, voidable, invalidor unenforceable.

26. ASSURANCES

A. Contractor agrees to establish safeguards to prohibit employees from using their positionsfor a purpose that constitutes or presents the appearance of personal or organizationalconflict of interest or personal gain.

B. Contractor assures that he shall not receive personal benefits or gains in performance of theservices outlined in this Contract. Furthermore, Contractor agrees to disclose prior tocommencement of a particular assignment any material/financial interests that he or a thirdparty may have in the services required under this Contract.

C. No-Discrimination. This Contract is subject to applicable federal and state laws andexecutive orders, including the Fair Labor Standards Act of 1938, relating to equalopportunity and nondiscrimination in employment. Neither Contractor nor his agents orsubcontractors shall discriminate in their employment practices against any person byreason of disability, age, race, creed, national origin, color, religion, sex, political affiliation, orveteran status. In addition Contractor assures that no person Will, on the grounds ofdisability, age, race, creed, national origin, color, religion, sex, political affiliation, or veteranstatus, be excluded from, be denied the benefit of or be subjected to discrimination underany program or activity funded in whole or in part under this Contract. Contractor agrees tocomply, and to cause his agents and subcontractors to comply, with the provisions of saidlaws and orders to the extent any such laws and orders are applicable in the performance ofthis Contract.

D. Contractor, by acceptance of funds provided under this Contract, agrees and ensures thatpersonnel paid from these funds are duly licensed and/or qualified to perform the requiredservices. Contractor further agrees and ensures that all program and/or facility licensesnecessary to perform the required services are current and that County will be notifiedimmediately if such licenses become invalid during the term of this Contract.

E. Contractor assures that funds received pursuant to this Contract will not be used for lobbyingthe Texas legislature or any governmental agency in connection with a particular contract.

F. Contractor shall pay all subcontractors in a timely manner. County shall have no liability toany subcontractors in the event Contractor does not payor delays payment to anysubcontractors. At termination or expiration of this Contract, Contractor shall deliver to


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county an affidavit of all bills paid. Final payment shall be contingent upon receipt of such

affidavits as resolution of all accounting for which County is or may be liable under this

Contract.

G. Under Section 231.006, Texas Family Code, Contractor certifies to County that the owner(s)

of at least a 25% interest in the organization is not delinquent in any child support obligation

that renders him/her ineligible to receive payment under the terms of this Contract.

Contractor hereby acknowledges that this Contract may be terminated and payment may be

withheld if this Certification is inaccurate.

H. Contractor certifies that neither he nor any of his principals is presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

participating in this Contract by any Federal department or agency.

I. Contractor assures that he shall not receive personal benefits or gains in performance of the

services outlined in this Contract. Furthermore, Contractor agrees to disclose prior to

commencement of a particular assignment any material/financial interests that he or a third

party may have in the services reqUired under this Contract.

J. Best Efforts to Minimize Costs to County. Contractor shall use his best efforts to complete

each assigned task in as economical a manner as possible and to minimize any charges

incurred in connection therewith to the maximum extent possible, consistent with

Contractor's other obligations under this Contract.

K. Failure to comply with any of these assurances or anyother requirements specified within

this Contract will put Contractor in default and/or breach of this Contract and may result, at

the sole discretion of County, in the disallowance of funds and the withholding of future

awards, in addition to any other remedies permitted by law.

L. Governmental Consent. Contractor warrants that no consent, approval, or withholding of

objection is required from any governmental authority with respect to the entering into or the

performance of this Contract.

M. Corporate Good Standing. Contractor represents and warrants that it: (1) is a corporation

duly incorporated, validly existing and in good standing; (2) has all requisite corporate power

and authority to execute, deliver and perform its obligations hereunder; (3) is dUly licensed,

authorized or qualified to do business and is in good standing in every jurisdiction in which a

license, authorization or qualification is required for the ownership or leasing of its assets or

the transaction of business of the character transacted by it except when the failure to be so

licensed, authorized or qualified would not have a material adverse effect on Contractor's

ability to fulfill its obligations hereunder.

27. CONTRACTOR'S WARRANTIES

A. No Actions, Suits. or Proceedings. Contractor warrants that there are no actions, suits, or

proceedings, pending or threatened, that will have a material adverse effect on Contractor's

ability to fulfill his obligations under this Contract. Contractor further warrants that he will

notify County immediately if Contractor becomes aware of any action, suit, or proceeding,

pending or threatened, which will have a material adverse effect of Contractor's ability to

fulfill the obligations under this Contract.



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B. Warranty of Contractor's Capability. Contractor warrants that he is financially capable offulfilling all requirements of this Contract and that Contractor is a validly organized entity thathas the authority to enter into this Contract Contractor warrants that he is not prohibited byany loan, contract, financing arrangement, trade covenant, or similar restriction from enteringinto this Contract

C. Professional Quality. Contractor warrants to County that all materials and services will be ofprofessional quality conforming to generally accepted practices, and that all servicesprovided under this Contract will be performed in a manner consistent with that degree ofcare, qualification and skill ordinarily exercised by members of the same profession currentlypracticing under similar circumstances. If there are no applicable or recognized professionalstandards in the applicable area or areas of expertise required to perform such services,then Contractor will perform all services in a good and professional manner that meetsCounty's goals and objectives as stated herein as well as otherwise adds value to and/orimproves the performance of County's expectations, objectives and purposes as stated inthis Contract Any work that is determined by County to be less than professional quality willbe corrected without charge. This warranty extends for ninety (90) business days pasttermination or expiration of this Contract This warranty is limited to rework of theunsatisfactory product without change to the original specifications and without regard to theamount of the effort expended on the original work product

28. TRANSITION SERVICES REQUIRED OF CONTRACTOR

Upon notice of termination and/or expiration of this Contract, the County shall immediately have theright to audit any and all records of Contractor relating to this Contract Moreover, upon terminationand/or expiration date of this Contract, Contractor agrees to transition the services provided hereinin a cooperative manner and prOVide anything requested from the County at no additional cost,including, but not limited to the following, upon date of termination and/or expiration: (i) All Contractand services documentation identified in a complete, neat and orderly manner; and (Ii) Good faithpledge to cooperate with County upon transition of services to another contractor or Countydepartment providing the same or similar services; and (iii) Final accounting of all income from theContract; and (iv) Downloading and removal of all County information from the Contractor'seqUipment and software; and (v) Removal of Contractor services without affecting the integrity ofCounty's systems; and (vi) All Records and County property. This provision shall survive Contracttermination. Contractor agrees to allow County to continue to utilize all Contractor's software/thirdparty software until such time as County has completed processing all citations begun within term ofContract, or any extension thereto.

29. TAX

Dallas County, as a county of the State of Texas, is exempted from the payment of Texas state andlocal sales, excise, and use taxes pursuant to Tex. Loc. Gov't Code § 151.309, and shall thereforenot be liable or responsible to the Contractor for the payment of SJch taxes under this Contract

The fees paid to Contractor pursuant to this Contract are inclusive of any applicable sales, use,personal property or other taxes attributable to periods on or after the applicable effective date ofthis Contract and based upon or measured by Contractor's cost in acquiring or providing productsand/or services and related materials and supplies furnished or used by Contractor in performing hisobligations hereunder, including all personal property and use taxes, if any, due on equipment orsoftware owned by Contractor.

PERSONAL SERVICES CONTRACT BETWEEN OALLAS COUNTY & AOEA SOLUTIONSFOR THE SERVICES OF SERGE KLOKOV-- 2008

18

106

Contractor accepts full and exclusive liability for the payment of any and all contributions or taxes for

Social Security, Workers' Compensation Insurance, Unemployment Insurance, or Retirement

Benefits, Pensions, or annuities now or hereafter imposed under any state orfederallaws which are

measured by the wages, salaries, or other remuneration pay to persons employed by Contractor for

work performed under the terms of this Contract and agrees to indemnify and save harmless the

County from any such contribution or taxes or liability.

30. SIGNATORY WARRANTY

The undersigned signatories for the parties hereby represent and warrant that they are officers of

their respective organizations for which they have executed this Contract and that they have full and

complete authorities to enter into this Contract on behalf of their respective organizations and that

the executions thereof are the acts of the parties involved and have been delivered and constitute

legal, valid and binding obligations of the respective parties.

EXECUTED THIS DAY OF 2000.

COUNTY: CONTRACTOR:

BY: Jim FosterDallas County Judge

BY: Mark E. WilsonExecutive Vice President

Recommended:

BY: Robert ClinesChief Information Officer

'Approved as to Form:

BY: Bob SchellChief, Civil DivisionAssistant District Attorney

'By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its

clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of

this document was conducted solely from the legal perspective of our client. Our approval of this document

was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek

review and approval by their own respective attorney(s).


FOR THE SERVICES OF SERGE KLOKOV- 200819

107

DALLAS COUNTY v

OFFICE OF INFORMATIOtl TECHNPIcOJJY',i

0" '",,, 0 P" I' '")0-'0,)/'",; -j II • v

Date:

To:

Through:

From:

Subject:

January 15,2008

Commissioners Court

Robert Clines, ChiefInformation Officer

Rodney Christian~~

Purchase of SAN Manager Software

BACKGROUND

The data used to support Dallas County departments and their associated computer applicationsis stored, primarily, on EMC Storage Area Network (SAN) devices purchased from Dell.

The SAN provides an efficient, reliable, and cost-effective method to store data from themainframe, hundreds of servers and thousands of users.

With a current storage capacity of more than 70 terabytes, management of the SAN is vital toproviding service to the users of information technology services.

The volume of data and number of attached servers makes manual management of the SAN adifficult task. Basic management reporting is available, but more extensive reporting andmanagement of the device must rely on very tedious steps - adding support costs and opening thepossibility of human error.

SAN Manager, a software package from the SAN's manufacturer, automates many of themanagement processes needed to administer the SAN on a day-to-day basis.

PROPOSED SOLUTION

The Office ofInformation Technology recommends the purchase of SAN Manager from EMC.

A trial use ofthe software has allowed technicians to evaluate error status codes on the SAN, allocatespace efficiently and provide overall management of the device.

411 Elm Street Dallas, Texas 75202 214-653-7339

108

OPERATIONAL IMPACT

IT Operational staff will receive the primary benefit, but all users of the County's computersystem will receive benefits.

SAN Manager will make management of the County's data storage devices more efficientreducing the time for system initiation, improving the support of IT projects, improving themanagement of existing hardware and help to proactively diagnose potential problems with thehardware.

FISCAL IMPACT

The cost of the software and the first year ofpremium support is $28,511. (EMC/TX DIRcontract number DIR-SDD-25I )

Funding for the initial cost is available from unallocated reserves in the Major Technology Fund.

Future annual support costs (estimated to be $6,8111 year) will be included in the Office ofInformation Technology annual budget.

ALIGNMENT WITH COUNTY STRATEGY

This request is aligned with the key indicators for Vision I; Strategy 1.4 in the County's strategicplan to maintain Dallas County's broad infrastructure.

RECOMMENDAnON

The Office of Information Technology recommends that the Commissioners Court approve thepurchase of SAN Manager software from EMC at a first year cost of $28,511 with funding to beprovided from unallocated reserves in the Major Technology Fund.

411 Elm Street Dallas, Texas 75202 214-653-7339

109

DALLAS COUNTYOFFICE OF INFORMATION TECHNOLOGY

Date:

To:

From:

Subject:

January 15,2007

The Honorable Commissioners Co~,o

(CltL,Robert Clines, Chieflnformation Officer

Enterprise Agreement Implementation

0--;: ,~.-_ C, \., ,.,'

...., !"',.

~- !.

BACKGROUND

Dallas County entered into an Enterprise Agreement contract with Microsoft in June of 2007.The contract provided the Office of Information Technology an effective and efficient method ofmanaging the IT enterprise desktop and software for the County.

ISSUE

To recognize the benefits and efficiencies of the Enterprise Agreement, Dallas County will haveto migrate from the current NDS (Novell Directory Services) to Microsoft (AD) ActiveDirectory. The migration will require implementation of new hardware, directory architecture,training (user and support staff) and moving user profiles and data from the current NDS to AD.

PROPOSED ACTION

Initiate a 3 phase project;

• Phase 1- Contract with Future Com, a DIR approved vendor, for Professional Services towork with Dallas County Office oflnforrnation Technology to conduct an analysis anddocument the current NDS structure, architect and design a new Microsoft AD, design atest plan and develop a migration strategy to include hardware, software and resourcerequirements.

• Phase 2- testing and proof of concept.

• Phase 3 - implementation and migration.

Phase I will require approximately 180 hours of professional services and require 3 weeks tocomplete from the agreed upon start date. The documentation provided by phase I will providerequirements for phase's 2 and 3.

1 1 0

OPERATIONAL IMPACT

Phase 1 of this project will have no operational impact. The only requirement will be meetingswith County departments to review operational requirements and required functionality in and ofthe new AD.


Implementation of supporting infrastructure and software under the Microsoft EnterpriseAgreement will support Vision I: Dallas County government is a model interagency partner. Theplan will provide a process for the Dallas County Office oflnformation Technology to manageall Microsoft licensed software used on and in support of Dallas County Information Systems aswell as enabling the interaction of Dallas County with other government agencies using industrystandard systems such as Microsoft Office and Microsoft SQL database environments.

FISCAL IMPACT

Phase 1 will have a cost not to exceed $50,000.00 to be funded by Microsoft EnterpriseAgreement Project Fund (195.0.864.2008.0.92053).

RECOMMENDATION

Enter into a contract with Future Com (approved DIR vendor) to provide professional services tocomplete Phase 1 of a 3 phase project. Dallas County IT has been working closely withPurchasing to qualitY and the proposed vendor. Phase I will deliver supporting documentationof an analysis of the current NDS, architect and design of a new Microsoft AD for Dallas County,design a test plan and develop a migration strategy/plan to include hardware, software andresource requirements. The documentation will provide a road map for phases 2 and 3. (seeattached Statement of Work)

1 1 1

FutureCmProfessional Services

STATEMENT OF WORK

Project: Novell NDS/GroupWise to Microsoft ActiveDirectory/Exchange Migration

A PROPOSAL PRESENTED TO:

Dallas County

Date: 12/12/07

Copyright © 2007 Future Com Ltd, Bedford, TX

All rights reserved.

Future Com Ltd @

security and Network Management Tools for an Expanding Network World

807 Forest Ridge Dr., Suite 105

Bedford, Texas 76022 USA

(800) 710·5250 toll free

(817) 510-1159 fax

www.mvfuturecom.com

Future Com ltd. Professional Services

1 1 2

Table of Contents

STATEMENT OF WORK

Project: Novell NDS/GroupWise to Microsoft Active Directory/Exchange Migration i

Table of Contents 2

Contact Data 3

Introduction 4

Qualifications 4

Scope of Work 4

PHASE 1: ROADMAP (180 HOURS) 5PHASE 2: PILOTITEST PHASE (TIMELINE T6D) - PREREQUISITE: PHASE 1 5

PHASE 3: DEPLOYMENT/RoLLOUT PHASE (TIMELINE T6D) - PREREQUISITE: PHASE 2 6

Terms and Conditions 7

Pricing Estimates 8

Conclusion of Work Statement.. ; 10

Future Com Ltd. Confidential 2

Future Com Ltd. Professional Services

1 1 3

STATEMENT OF WORK

Contact Data

Dallas County

Contact Name: Randy Guin

Address: 509 Main Street, Room 407

Address #2:

City, State, Zip (Country): Dallas, TX 75202

Phone No.: 214.653.6072

Fax No.:

E-mail: [email protected]

Future Com Ltd.

Contact Name: Suzanne Burke

Address: 807 Forest Ridge Drive

Address #2: Suite 105

City, Slate, Zip (Country): Bedford, TX 76022

Phone No.: 817.510.1110

Fax No.: 817.510.1159


IPrepared By: David Tumlin

Reviewed/Approved By: Allen Brown

Account Manager: Jennifer McDonald

Create Date: 12.11.07, Version: 1.2

L Updated: 12.12.2007

This Statement of Work is prepared for Dallas County, herein after referred to as the "Customer", by Future

Com Ltd., hereinafter referred to as "Future Com".

Future Com Ltd, Confidential3


Introduction

1 1 4

STATEMENT OF WORK

Overview of Services

The Customer is requesting Future Com Professional Services to evaluate Dallas County's current Novell DirectoryServices and Microsoft Active Directory and architect and develop a test and migration plan to migrate their NovellDirectory Services to Microsoft Active Directory and Novell GroupWise to Microsoft Exchange. Future Com proposesa roadmap development project to be completed over an estimated three (3) week timeline. During the roadmap andplanning project a build & pilot project plan as well as a deployment plan to migrate from current implementation ofNovell Netware 6.5 and to migrate from GroupWise 6.5 to Microsoft Exchange rollout plan will be generated.

ObjectivesThe objectives of this Statement of Work (SOW) will be to provide the following:

• Document the tasks and deliverables for the Active Directory/Exchange migration project.• Define obligations for the Customer and for Future Com in preparation of work to be done.• A document to the customer that authorizes the work to be done by Future Com.

Qualifications

Future Com, headquartered in Bedford, Texas, is a Service-Based Value Added Reseller (VAR) thatrepresents industry-leading technology manufacturers in providing mUltiple solutions, services and products inthe IT industry. Future Com employs a team of engineers who are highly skilled, experienced and certified innetwork and security focused solutions. From network trOUbleshooting to enterprise solutions, networkassessments, systems integrations, architectural designs and infrastructure consulting, Future Com is a totalmanagement and security solutions provider. We are committed to providing the best-of-breed products andsolutions to give companies the technology edge. With a solid history and committed future, Future Com isprepared to take its vision of adding quality to product and support into the 21st century and bridge the gapsin the networking world with the experience, dedication and individual care that its buyers and vendorsdeserve.

Scope of Work

Future Com is providing an engagement to complete the tasks and deliverables for this SOW. It is estimatedthat three to four personnel will be required over a three week period to fulfill the requirements of this Statementof Work as described. The dates will be scheduled within fifteen (15) days of this agreement; this is a fixedprice offering.

The scope of work under this engagement will be limited to planning of the migration of Novell DirectoryServices to Microsoft Active Directory and Groupwise migration to Microsoft Exchange.


1 1 5

Future Com Ltd. Professional Services STATEMENT OF WORK

Customer Project TasksThe Customer will ensure the following tasks have been completed before the beginning of the consultingvisit:

• Provide Future Com Engineer access to required software and licenses.

• Provide Future Com Engineer access to Management consoles and administrative interfaces forservers' operating systems.

• Provide Future Com Engineer with documentation detailing the current state of Enterprise systems.

• Provide Future Com Engineer with a detailed network diagram that includes all intemal, directlyattached external, extranet and DMZ networks.

Future Com Project Tasks

PHASE 1: ROAOMAP

• Assess current configuration and provide design of target plan - Engineering Resource

o

o

o

o

Gather customer's requirement for Active Directory and Exchange; including

network components dependent on Active Directory (SMS, DFS, etc.).Determine licensing viability.

Assess current Active Directory to judge the feasibility of migrating Novell DirectoryServices to the existing or new Active Directory implementation.Assist in design of target plan.

• Create architectural roadmap document to meet requirements - Senior Design EngineeringResource

o Design architecture to improve performance.

o Determine hardware requ irements, including servers, additional SAN storage, etc.

o Determine software requirements, including operating systems, messaging, backup, andvirtualization tools.

o Document High Availability and Disaster Recovery options.o Determine if any additional tools will be necessary to complete project.

• Manage Roadmap Development project and documentation to meet scheduled timelines anddeliverables -Project/Implementation Management Resource

o Document a plan for PilotlTest.

o Document a plan for Deployment/Rollout.

o Define resources required for Phase 2 & Phase 3.

o Determine time required for completion for Phase 2 and Phase 3.

NOTE: PHASE 2 IS NOT PART OF THIS SOW

PHASE 2: PILOT/TEST PHASE (TIMELINE TBD) PREREOUISITE: PHASE 1

• Create test environment with specifications similar to current state and update deviations fromMail Migration Roadmap


1 1 6

Future Com Ltd. Professional Services STATEMENT OF WORK

• Migrate mock NDS/Groupwise user account to AD/Exchange 2007 in testenvironment and document steps/results.

NOTE: PHASE 3 IS NOT PART OF THIS SOWPHASE 3 DEPLOYMENT/RoLLOUT PHASE (TIMELINE TBD) - PREREOUISITE PHASE 2

• Prepare environment for migration (stabilization, if necessary)

• Begin migration according to Phase 1 roadmap and Phase 2 updates.• Knowledge transfer in the form of documentation to customer engineering resources for

completion of project

Project Deliverables

Deliverables under this SOW engagement:

• Phase 1: Roadmapo Baselines

• NDS/GroupWise specifications /configuration• Infrastructure specifications Iconfiguration

o Active Directory and Exchange Environment / Roadmap• Design /Architecture documents• Recommended hardware and software according to best practices• Recommended personnel and tools for deployment and operation & maintenance• Documented Test and Migration plans and project timeline for Phase 2 and Phase 3

o Best practices related to implementation, support, administrationo Quote to perform Phase 2 and/or Phase 3 migration.

Roles and Responsibilities

In order to ensure the success of this engagement,

Future Com will provide:

• Personnel who will perform the project tasks as detailed above.

• Expertise from Future Com consultant(s) for the purpose of review and quality assurance.

The Customer will provide:

• A technical point of contact within the organization to help the Future Com consultant coordinateaccess to the required resources.

• Timely response to questions posed by Future Com regarding the project.

• Any documents and/or diagrams detailing the existing environment and architecture in a timely manner.

• All Future Com resources with any necessary building access.

• All Future Com resources with a safe working environment including a workspace, telephone, andnetwork access, if necessary.



1 1 7

STATEMENT OF WORK

• A dedicated resource committed to the project team and available 100% of the time when Future Com

is onsite.

• Quaiified personnel knowledgable of remote locations.

• Command line and GUI access to applicable hardware.

Assumptions and Limitations

• Any changes to the project scope and time frames must be agreed to in writing by the Customer and

Future Com project managers via a change request.

• Customer is responsible for software, hardware, tools and connectivity required for implementation.

• One day's time is defined as eight (8) hours within a 24-hour period during normal business hours M-F

8:00am-6:00pm local time.

• Future Com consultant(s) will perform the engagement onsite at the customer's physical location

located in Dallas, TX, and via remotely from Future Com offices.

• The customer will be Wholly responsible for the cost of any hardware, software, licensing, or services

needed.

• All nonpublic information provided by Dallas County during the course of this engagement is considered

confidential, including documentation, data, information and conversations associated with the

Services. Future Com will not share this information with other parties except with the written consent

of Dallas County.

Terms and Conditions

• This Statement of Work is sUbject to the terms and conditions of the Master Services Agreement

("MSA"). In the event of any conflict or inconsistency between the terms of this Statement of Work and

the terms of the MSA, the terms of the MSA shall govern.

• The terms specified in this Statement of Work are valid for 30 days. If the Statement of Work is

executed after that date, all items will be sUbject to change.

• The time estimate of the effort is based on Future Com's present understanding of the Customer's

requirements. If additional effort is required, Future Com will furnish the Customer with a new estimate

and will continue work, subject to availability of personnel, only after receiving written authorization from

the Customer. Any additional work that arises from this project and is outside the scope as defined in

this Statement of Work will require a Change Request Order and will be offered on a time and materials

basis.

• Payment of these fees shall be in accordance with the terms and conditions set forth in the invoice

prepared for the Customer.

• The period of performance and validity of this agreement is for twelve (12) month period from the date

of this Statement of Work.

Future Com Ltd. Confidential7

Future Com ltd. Professional Services

1 1 8

STATEMENT OF WORK

• Future Com may take up to thirty (30) days from receipt of Purchase Order and signed SOW to staffand begin the project.

• In addition to fees, the Customer will be invoiced for all reasonable travel and living expenses (if any)incurred by Future Com consultants assigned to the engagement (expenses are subject to Future ComTravel Policy). All payments are due upon receipt of invoice.

Pricing Estimates

SERVICES I MATERIAL DESCRIPTION I PROJECT PART NUMBER SUBTOTALSTAfFING RESOURCES

• Security Consultant FCS-PROFSVCS- $49,500

• Travel and Expenses FC-TRVL-EXP N/A

Total Agreement Amount $49,500

Upon receiving an executed SOW from the Customer, the Future Com Project Manager will contact theCustomer's Point of Contact to schedule services.

The Customer agrees that in the event that the Customer reschedules a consulting engagement, theCustomer shall give Future Com at least two business days advance notice.

At the conclusion of the consulting service, a Conclusion of Work document will be presented to the Customerfor signature as a statement of project completion. If the Conclusion of Work document is not returned or if nocomments or changes to thedeliverables are requested by the Customer within ten (10) days of receipt ofthis document, the project will be acknowledged as complete.


Future Com Ltd, Professional Services

1 1 9

STATEMENT OF WORK

THIS AGREEMENT IS NOT EFFECTIVE UNTIL ACCEPTED IN WRITING BY FUTURE

COM, LTD.

ACCEPTED:

Dallas County

Authorized Signature

(Above name printed)

Title (printed)

Date

Future Com Ltd, Confidential

ACCEPTED:

Future Com Ltd.



Title (printed)

Date

9


120

STATEMENT OF WORK

Conclusion of Work Statement

Dallas CountyContact Name: Randy Guin

Address where work is to be performed: 509 Main Street, Room 407, Dallas, TX 75202

Phone No.: 214.653.6072

Fax No.:

E~mail: [email protected]

Future Com Ltd.Contact Name: Suzanne burke

Address: 807 Forest Ridge Drive, Suite 105, Bedford TX 76022

Phone No.: 888.510.1110

Fax No.: 817.510.1159


Consultation DetailsProducts to be Worked On: Plan for Novell to AD and Groupwise to Exchange

Description of Work to be Performed: Plan for Pilot, Migration and Rollout

Actual Consultation Date(s):

Total Consultation Hours Performed:

Work Completed By: Future Com

Pursuant to this Conclusion of Work Statement between Future Com and the Customer, thisdocument certifies that Future Com has performed and completed the work specified in theattached Statement of Work.

Dallas County



Title (printed)

Date

Future Com Ltd. Confidential

Future Com Ltd.



Title (printed)

Date

10

1 2 1

DATE:

TO:

THROUGH:

FROM:

DALLAS COUNTY '," '; ~ '!1nY

COMMISSIONERS COURT ADMINISTR.ATiol~.fTDEPARTMENT OF PLANNING AND DEVEfjlJlJMf-Nj i',;'; 10: 53

January 9,2008

Conunissioners Court

Rick Loessberg, Director of Planning and Development~

Rachel Brown, CDBG Project Coordinator~= :>

SUBJECT: Evaluation ofFY2007 Emergency Shelter Grant (ESG) Proposals*************************************************************************************

BACKGROUND

Because of its participation in the CDBG program, Dallas County received $82,411 of ESG funding inOctober 2007, HUD regulations require that the County contractually obligate these funds by March 31,2008 and that these obligated funds be expended by September 30,2009.

In November, the Court authorized the use of an RFP process (Bid #2008-019-3208) to allocate thisassistance to local non-profit organizations for the following use:

• reimbursement of an organization's operating utilities;provision of transitional housing for the homeless;

• provision of mental health services for the homeless; and/or• provision of substance abuse treatment for the homeless.

IMPACT OF OPERATIONS/FINANCE

So as to cover the costs of administering this program, it has been proposed that 4% ofthe total ESG awardbe retained by the County for administration. Retaining this $3,296.44 thus makes available a total of$79,114.56 that can be used for eligible projects.

An RFP announcing the availability ofthe ESG funds was sent to 30 nonprofits and a notice informing thepublic was published in the Dallas Morning News. By the RFP's November 12 deadline date, four proposalsfrom four nonprofits had been received. The four proposals were evaluated by a six-member committeeconsisting of representatives from the County's CDBG program, the Purchasing department, Health &Human Services, the Director of Criminal Justice and the M/WBE program, and the proposals wereevaluated using the following 100-point scoring criteria:

CRITERIAMlWBE ParticipationReasonableness/Cost-EffectivenessPriority Client Group**Funding to be exclusively used to either assist people who age out ofthe

juvenile system or to divert the mentally ill from the criminaljustice system.

Prior Experience/CapacityTOTAL

POINTS15 points40 points10 points

35 points100 points

411 Elm Street, 3fd Floor, Room313

Dallas County Administration Building

Dallas, Texas 75202·3301

e-mail: rloessberg(a)dalJascDuDty.orgTelephone: (214) 653-7601

Fax: (214) 653-6517

122

Page 2

As can be seen in the attached spreadsheet, most of the scores for the proposals were fairly similar. Theproposals received from Promise House, The Family Place, New Beginning Center and Liberty Heightswere evaluated and are being recommended to receive funding in the various amounts:

Requested Recommended ProposalAmount Amount Score

1.) The Family Place $30,000.00 $30,000.00 77.002.) Promise House $31,050.00 $31,050.00 74.673.) New Beginning Center $10,000.00 $10,000.00 71.164.) Liberty Heights $24.600.00 $ 8,064.56 46.83

Total $95,650.00 $79,114.56

Because the County's ESG amount is $79,114.56 and because the three highest-rated organizationsrequested a total of$71 ,050, the remaining $8,056.45 is being recommended to Liberty Heights which hadrequested $24,600 and which was the four highest-rated organization. Staffhas spoken with Liberty Heightsconcerning this dollar amount, and they have stated that they would be in agreement with this portion.

Most ofthe recommended recipients have all been in existence for at least twenty years, and they each servedifferent segments of the homeless population (runaways, pregnant and parenting teens and their children,domestic violence, and homeless individuals and families), All four proposals received sought ESG fundingfor reimbursement ofoperating utilities. This assistance will help each ofthese organizations with declinesin fund-raising and increases in caseloads.

PROJECT SCHEDULE

So that the County can meet the HUD requirements for expending the funds, the following schedule hasbeen proposed:

February 2008March 2008September 2009

RECOMMENDATION

Non-profits sign ESG contractsFirst month of utility reimbursementAll funds must be expended

It is recommended that The Family Place ($30,000), Promise House ($31,050), New Beginning Center($10,000), and LibertyHeights Community Center ($8,064.56) be awarded the County's $79,114.56 in ESGassistance for reimbursement ofoperating utilities with the remaining $3,296.44 to be used for ESG programadministration.

Recommended by:

J. Allen Clemson, Administrator

attachment

cc:

123

Virginia Porter, County AuditorRyan Brown, Budget OfficeZachary Thompson, Health & Human Services

Ron Stretcher, Director of Criminal Justice

Shannon Brown, Purchasing DepartmentLeffie Crawford, MIWBEFY2007 ESG Applicants

FY 2007 EMERGENCY SHELTER GRANT (ESG) EVALUATIONATTACHMENT A

(2008-019-3208)

CRiTERiA(Maximum #ofPoints)

The Family Place I Promise House I New BeginuingCenter

(Operating Utilitie.~) 1 (Operating Utilities) I (Operating Utilities)

Liberty HeightsCommunity Ceuter(Operating Utilities)

TOTAL POINTS

FUNDINGREQUESTED

RECOMMENDEDFUNDING

77.00 I 74.67 I 71.16

$30,000 I $31,050 1$10,000

$30,000 I $31,050 I $10,000

46.83

$8,064.56

$8,064.56

125

DALLAS COUNTYENGINEERING AND PROJECT MANAGEMENT

January 15,2008

'; \,;

To:

From:

Commissioners Court

Abbas A. Kaka P.E., Assistant Director

Subject: Garland Government Center - Design Build Project - Truancy Court Area(Proposed Change Order #5)

BACKGROUND:Harrison, Walker & Harper, the general contractor, was awarded the contract for the DesignBuild project (JP Court, Constable Area & Tax Office Area) to renovate the existing KrogerStore in Garland per Court Order 2006-1037 dated June 06, 2006.Per Court Order 2006-2105 dated November 21,2006 the changes due to unforeseen conditionsat site were completed. (e.O. #1)Per Court Order 2006-2240 dated December 12, 2006 the HWH contractor completed the finishout for Juvenile Area. (e.O. #2)Per Court Order 2007-201 dated January 23, 2007 they were to provide the finish-out space to beused per the original design of Truancy Court space. (e.O. #3)Per Court Order 2007-2007-1183 dated June 5, 2007 the contractor was authorized to provide therevised layout of the Truancy Court Area. (e.O. #4)Additional work, as requested by the Constable and the Truancy Court, was completed aschanges noted below:The wood door 157A was replaced by storefront glass door with sidelights.Door 168 along with the fire wall was relocated and reinstalled approximately 18 ft. to the west.See attached proposed changes from Harrison, Walker & Harper dated September 10, 2007 for aprice of$7,312.00.With authorization of these funds the project work related to Truancy Court will be complete.

IMPACT/OPERATIONS: These design changes will provide the required correction perrequesting departments to satisfy the end users.

STRATEGIC PLAN IMPACT: The Truancy Court was relocated to this facility to help easethe load on the Juvenile court cases. The Court Staff had requested some changes to therenovation work and was implemented by the contractor at the time of construction work. This isin line with Strategic Plan 1.3 where the mission critical programs and services are provided.

LEGAL: This change order amends the original Design-Build Contract as provided for inExhibit A, Terms and Conditions, Article A.7, Changes in the Work.

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

E-mail: akakarmdallascounty.org

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

126

MfWBE INFORMATION: NfA

FINANCIAL IMPACT:The design-build project had a maximum guaranteed price ofChange Order IChange Order 2Change Order 3Change Order 4

Sub Total

This Change Order 5

Total Price

$2,577,291.80$108,666.20$125,000.00$132,850.00$494,441.00

$3,438,249.00

$7,312.00

$3,445,561.00

Funds have been appropriated for this project in Major Projects Fund 196, Project 70136.Commissioner's Court is requested to approve and authorize additional funding in the amount of$7,312.00 for Change Order #5 from Major Projects Fund 196 Unallocated Reserve to betransferred to the project (Fund 196.0.08130.2008.0.70136).

RECOMMENDATION: Engineering & Project Management recommends that theCommissioners Court approve the Change Order #5 to Harrison, Walker & Harper for$7,312.00 and the County Judge be authorized to execute the appropriate contract documents.

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


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

CHANGEORDER

AlA DOCUMENT G701

127

OWNER

ARCHITECTCONTRACTORFIELDOTHER

ooooo

TO CONTRACTOR:(name/address) Harrison, Walker & Harper

222 East Hickory StreetParis, Texas 75460-2698

PROJECT:(name/address)

Garland Government CenterGarland, Texas

CHANGE ORDER NUMBER:DATE:HWH PROJECT NO.CONTRACT DATE:CONTRACT FOR:

Five (5)Sept. 10, 20072530March 21,2006Renovation

The Contract is changed as follows:L Owner requested to change wood door #157A to a Glass Storefront door vvith sidelights. The cost of this is

$5,357.00. HWH is returning a savings of$I,800.00 to the Owner as credit for illlused contingency. Thusthe balance of the cost for changing to the glass storefront w/ sideligbts is $3,557.00.

2. Owner requested to relocate door #168 and associated wall assembly. The cost of removing the existingwall and door jamb and building new wall and re-installing door jamb is $3,755.00

-Cbange door 157A to Glass Storefront w/ sidelights----------------------------------------------$-Credit savings from budget unused funds-----------------------------------------------------------$-Relocate door #168 and associated wall assembly------------------------------------------------$

5,357.00<1,800.00>

3,755.00

Total Change OrderInclusions: Labor/MateriaVEquip./FeelBondJIns

$ 7,312.00

The work covered by this change will be perfonned under the same Terms and Conditions as those included in theOriginal Contract.

Not valid until signed by the Owner, Architect and Contractor.

The original (Contract Sum) (Guaranteed Maximum Price) was , .Net changed by previously authorized Change Orders .The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was .The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)(unchanged) by this Change Order in the amoilllt of .The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be .

The Contract Time wi11 be (increased) (decreased) (illlchanged). 10 days

$2,577,291.80$ 860,957.20$3,438,249.00

$ 7,312.00$3,445,561.00

Note: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorizedby Construction Change Directive.

N/AARCHITECT

Address

BY: _

DATE: _

Harrison, Walker & Harper, LPCONTRACTOR

222 East Hickory StreetAddress

Paris, Texas 75460-2698

BY: _

DATE: _

Dallas CountyOWNER

600 Commerce, 9th Floor, #900Address

Dallas, Texas 75202

BY: _

DATE: _

AlA DOCUMENT G701 - CHANGE ORDER - 1987 EDITION - AlA - C 1987 - THEAMERJCAN INSITUTE OF ARCHITECTS 1735 NEW YORK AVENUE. N.W., WASHINGTON, D. C. 20006 G70t - 1987

128

DALLAS COUNTYCOMMISSIONERS COURT ADMINISTRATJONr· ..Dan Savage, Assistant Administrator for Operations

January 15, 2007

To:

From:

Subject:

Commissioners Court

(i)~Dan Savage, Assistant Administratorfor Operations

George Allen Jail Smoke Evacuation Testing

BACKGROUNDPortions of the George Allen jail do not meet the requirements of the Texas

Commission of Jail Standards (TCJS). As part of the George Allen Civil Courts project,the George Allen jail fire alarm system was upgraded to bring the jail into compliancewith the TCJS requirement that fire be detected within 60 seconds. The secondcomponent of the TCJS requirement is to evacuate the smoke within fifteen minutes sothat the alarm system will not go off when it is reactivated. Prior smoke testing in theGeorge Allen jail by the County Fire Marshal staff identified areas that were out ofcompliance before the fire alarm system upgrade work was completed. Much of the jailpassed the smoke evacuation test.

To ensure that all areas of the jail that fail to meet the TCJS requirements, staffproposes to have an independent testing and balancing firm under the supervision ofRees Associates, Inc., staff come in to the jail to do a complete test of the entire jail andidentify those specific areas that do not meet TCJS requirements. This report then willbecome the basis of the actual scope of work for the George Allen jail smoke evacuationretrofit project. The smoke evacuation tests will be done using the same protocols usedby TCJS staff during their jail inspections to produce the most accurate results. At thistime staff estimates that roughly 120 of 800 beds or 15% of the total jail may be out ofcompliance. Attached is a proposal from Rees Associates, Inc., for this work.

IMPACT ON OPERATIONSThe report produced as a result of the smoke testing will identify those areas of

the George Allen Jail that do not meet the 15 minute smoke evacuation standard. It willbe used to establish the scope of work for development of the plans and specifications tocorrect any deficiencies.

FINANCIAL IMPACTThe cost of this work is $36,700. It will be charged to the 2008 Major Capital

Improvement Program Account for Jail Upgrades (00196.0.08130.2008.0.70144).

LEGAL IMPACTThis work will be authorized as an additional service performed by Rees

Associates, Inc., under the Civil Courts project architectural services contract.

MIWBEN/A

Dallas County Administration Building411 Elm Street, 3mFloorDallas, Texas 75202·3317

e-mail: [email protected]

Telephone: (214) 653-7650Fax: (214) 653-6517

129

STRATEGIC PLANNING IMPACTThe George Allen jail smoke testing is part of the larger countywide effort to

upgrade jail facilities in keeping with Strategy 5.3 of the County Strategic plan.

RECOMMENDATIONStaff recommends approval of the proposal from Rees Associates, Inc., for

smoke testing of the George Allen jail. If the Court concurs a court order will be preparedfor the next regular meeting of Commissioner Court.

Dan Savage, Assista Administratorfor Operations

Dallas County Administration Building411 Elm Street, 31d FloorDallas, Texas 75202~3317


Telephone: (214) 653-7650Fax: (214) 653-6517

I

130

REES."""""""'--1801 N.lamarSt

2145227331 Sulle600214.522.0444 'J' Dallas. TX 75202

Deeember 21, 2007 (Revised January 4, 2008)

Mr. Dan SavageCounty Administration Building411 Elm Street, 3,d FloorDallas, Texas 75202-3301

Re: George Allen Courthouse JailSmoke Testing

Dear Dan:

Rees Assoc1ates, Inc. respectfully requests authorization to provide Dallas County with this proposal for coordination services ofthe smoke testing study at the George Allen Courthouse Jail

This proposal is for the air flow and smoke testing at the George Allen Courthouse Jail including floors 10, 11, 12 and themajority of the Sib floor, excluding the kitchen. The work wjJ] be performed by AIR Engineering and Testing Inc. and willinclude the following:

1. Inspection and measurement of airflow (if possible) on the four roof mounted smoke exhaust fans.2. Measurement of the normal total airflow on three air handlers serving these floors.3. Measurement of the normal air flow from sidewall (approximately 176) and ceiling diffusers (approximately 225)on the subject floors.4. Conducting smoke removal testing by quadrant on each floor including provide 30-second or one minute smokecandles.5. Measuring the air flow in the test quadrant during smoke removal operations by re-measuring the diffusers listedin item 3.

The above scope of work does not include the following: balancing or commissioning any of the systems, equipmentinstallation, design, modifications to systems or equipment, duct testing, AHU unit testing or perfonnance bonds.

It is known that each floor will be tested in quadrants and that each test will take approximately 4 hours to complete. Thetesting will be staged such that one floor will be completely tested in one day, during normal business hours. A reportdescribing test results will be issued by AIR Engineering and Testing Inc. at the completion of testing of all floors. Thereport will also include diagrams of the floor plans tested and will indicate the pass and fail areas for smoke evacuation basedon the Texas Commission of Jail Standards. Below is a summary of fees for this work:

Summary:Air Engineering & Testing (Testing Agency)REES CoordinationTotal

$29,000 + REES Mark-up of 10% $31,900.00$4.800.00

$36,700.00

I

1 3 1

The above fees do not include reimbursable expenses, those will be invoiced separately. If this proposal meets with yourapproval, please indicate your acceptance by signing below in the space provided and returning a copy to our office. Oncewe receive your signed approval, we would like to meet with you and other required staff, to discuss a morc detailed testingand reporting schedule.

Accepted and agreed to by Dallas County.

Dallas County

Sincerely,

REES ASSOCIATES, INC.

Robert Genter, RIDVice President

Cc: Ron Luman, REESJan Blackmon, REES

Date

132

DALLAS COUNTYCOMMISSIONERS COURT ADMINISTRATION

Dan Savage, Assistant Administrator for Operations

January 15, 2008

To:

From:

Subject:

Commissioners Court

Dan Savage, Assistant Administrator

for Operations

Additional Construction Materials Testing Fees for South Tower Jail

Project

BACKGROUNDLawrence Engineering was engaged by Dallas County to perform the

Construction Materials Testing and Inspection Services for the South Tower Jail project.

This work was authorized by Court Order No. 2006-1546 dated August 29, 2006. The

work authorized by this court order is set forth in Lawrence Engineering Proposal No.

P06-0506, a copy of which is attached. This proposal describes the services to be

performed, the quantity and cost of each unit of work and the extended cost for each

services. The total cost of this work is $243,535. This proposal was based on certain

estimates and assumptions, the most important of which was that the pier drilling

operation would be completed in 80 working days.

Four things have happened to alter the Lawrence Engineering work plan. First,

the pier drilling operation was slowed down by the subsurface conditions, which have

required the pier drilling subcontractor to spend more time drilling. Second, the steel

requirements for each pier had to be increased to prevent collapses of the steel in the

pier holes. Third, in February the contractor encountered the unknown

telecommunications duct bank. Because of the duct bank problem, pier drilling had to be

reduced from two rigs in operation to a one rig operation until all of the piers were drilled.

The overall time spent drilling piers went from a plan of 80 days to roughly 230 actual

drilling days. To keep the project moving forward as fast as possible, the drilling

subcontractor worked 47 Saturdays.Each of these plan changes has had cost consequences. Attached is a letter

from Ron Pleasant of Lawrence Engineering which documents the additional costs that

have already been incurred and additional costs that he anticipates will be incurred. The

additional work done through November 28, 2007 totals $146,731. The estimated

additional work is $30,831.The additional time reqUired to date is because of the additional time reqUired to

complete the pier drilling and the overtime worked after 5:00pm on many week days and

47 days of work on Saturdays. The extra cost for the concrete cylinders is based on the

testing requirements. Lawrence Engineering was required to make four test cylinders for

each 100 cubic yards or fraction thereof for each mix design placed each day. Because

the pier drilling stretched out from 80 planned days to 230 actual days of drilling the

number of test cylinders increased accordingly. Finally, additional steel was required for

the piers, which increased the amount of inspection time required to ensure that the

steel reinforcement for the piers was properly prepared.

Dallas County Administration Building411 Elm Street, an! FloorDallas, Texas 75202~3317

e·mail: [email protected]

Telephone: (214) 653-7650Fax: (214) 653-6517

133

IMPACT ON OPERATIONSLawrence Engineering has been engaged to insure that the South Tower Jail

Project is constructed according to the plans and specifications and to document the useof proper materials and record actual quantities used during the construction process.This is especially important during the pier drilling process on this project because of theunusual and challenging subsurface conditions.

FINANCIAL IMPACTThe cost of the additional work associated with the pier drilling is $146,371. An

additional $30,831 will be needed to do additional anticipated testing. The total amountneeded is $177,202. This work will be charged to the South Tower Jail Projectconstruction budget. Thus, Work Order NO.4 will need to be modified to increase thenot-to-exceed amount by $177,202. The Indefinite Delivery Quantity (IDIQ) Contractwith Lawrence Engineering will also need to be amended to increase the total not-toexceed amount to $1,402,202 to reflect the cost of this additional work.

LEGAL IMPACTThe Civil Division of the District Attorney's Office has reviewed the IDIQ Contract

with Lawrence Engineering and Work Order NO.4 and determined that Dallas County,by and through its Commissioners Court, has legal authority to pay for the additionalwork and may, in its sole discretion, do so by authorizing and approving a writtenModification to Work Order NO.4 and a written amendment to the IDIQ Contract. TheCivil Division is currently reviewing the Modification to Work Order No.4 and drafting theamendment to the IDIQ Contract for submission to the Commissioners Court at the nextregular court meeting.

MIWBELawrence Engineering is a certified MIWBE firm.

STRATEGIC PLAN IMPACTThe South Tower Jail project will replace two older jail facilities and will improve

the attractiveness and efficiency of County facilities in keeping with Strategy 5.3 of theCounty Strategic Plan. This work is part of that overall effort.

RECOMMENDATIONStaff recommends authorization and approval of the additional work performed

and the additional work to be performed by Lawrence Engineering on the South TowerJail Project. Staff further recommends approval of a written Modification to Work OrderNo.4 to increase the not-to-exceed amount by $177,202 to pay for the additional workand a contract amendment to the IDIQ Contract to increase the total not-to-exceedamount to $1,402,202 to reflect the cost of the additional work. If the Court concurs, acourt order with the attachments will be presented at the next regular court meeting.

Recommended by:

Dan SavageAssistant Administrator for OperationsDallas County Administration Building411 Elm Street, 3111 FloorDallas, Texas 75202-3317


Telephone: (214) 653·7650Fax: (214) 653·6517

134

,>, 1-,..

"", :.J y'"".,

r 'i/

i'; 2: 29

January 8, 2008


THROUGH: Ryan Bro~dgetOfficer

FROM: ~i1J'snawn Balusek, Senior Budget and Policy Analyst

•SUBJECT: Addition of a Public Defender to Criminal District Court #5

BACKGROUNDJudge Thompson of Criminal District Court #5 is requesting a third Public Defender be assigned

to his court. Currently there is one Attorney IV Public Defender and one Attorney V Public

Defender assigned to Criminal District Court #5.

The purpose ofthis briefing is to present information and provide Commissioners Court a

recommendation on the Judges' request.

OPERTIONAL IMPACTThe assignment of a third Public Defender to Criminal District Court #5 will provide the judge

an additional cost effective alternative to court appointed attorneys. A current list of Public

Defender assignments for the Criminal District and County Criminal Courts is included as

Attachment A.

FINANCIAL IMPACTThe annual cost, including benefits, of the requested Public Defender IV is $92,298. The cost for

the new Public Defender will be offset by a reduction in the court appointed attorney cost

allocation that was included in each ofthe court's FY2008 budget.

The Judicial Management Report that is compiled by the Office of Budget and Evaluation

illustrates the overall cost per case of Public Defenders as compared to court appointed attorneys.

For FY2007, the average cost per case for a Public Defender in the Criminal District Courts was

$298 as compared to $368 for a court appointed attorney. The relevant page from the Judicial

Management Report is included as Attachment B.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6655 • Fax (214) 653-6517. sbalusek(a')dallascounty.org

135

The requested position will require the following furniture and equipment:Laptop - $2,300Desk - $594Five Shelf Book Case - $288Five Drawer File Cabinet - $258Office Chair - $291Side Chair - $270

The total cost of furniture and equipment is $4,001. Funds for the equipment are available inunallocated reserves.

STRATEGIC PLANThe addition of a Public Defender complies with the County's Strategic Plan Vision #3 byallowing Dallas County to rcmain safe, secure and prepared.

LEGAL IMPACTNone

RECOMMENDATIONThe Office of Budget and Evaluation recommends that Commissioners Court approve a newPublic Defender for Criminal District Court #5. In addition, it is recommended that the HumanResources/Civil Service Department review the Public Defender position for properclassification

136Criminal District Courts Public Defender Assignments1/8/2008

ATTACHMENT A

Criminal District Court #1ATTORNEY IV


Criminal District Court #3ATTORNEY VATTORNEY IV

Judge Burns

Judge Adams

Judge R. Francis

Criminal District Court #4 Judge CreuzotATTORNEY IVATTORNEY IVATTORNEY IV (assigned to the Sanctions Court)

Criminal District Court #5ATTORNEY VATTORNEY IVATTORNEY IV (Requested)


Criminal District Court #7ATTORNEY IVATTORNEY IVATTORNEY III

194thATTORNEY IVATTORNEY iii

195thATTORNEY IVATTORNEY IV

203rdATTORNEY IVATTORNEY III

204lhATTORNEY V

265lhATTORNEY IVATTORNEY IVATTORNEY IVATTORNEY III

282ndATTORNEY IVATTORNEY IVATTORNEY III

Judge Thompson

Judge Howard

Judge Snipes

Judge White

Judge Tinsley

Judge McDaniel

Judge Levario

Judge Stoltz

Judge Chatham

137

Criminal District Courts Public Defender Assignments Continued

283rdATTORNEY IVATTORNEY IVATTORNEY IV

291stATTORNEY IVATTORNEY IVATTORNEY IV

292ndATTORNEY VATTORNEY IV

363rdATTORNEY VATTORNEY IVATTORNEY III

Judge Magnis

Judge Hawk

Judge Mitchell

Judge Holmes

County Criminal Courts Public Defender Assignments

County Criminal Court #1ATTORNEY IIATTORNEY I

County Criminal Court #2ATTORNEY IIATTORNEY II


County Criminal Court #4ATTORNEY IIIATTORNEY I


County Criminal Court #6ATTORNEY II





Judge Patterson

Judge Bower

Judge Skemp

Judge Tolle

Judge Fuller

Judge King

Judge Crowder

Judge Roden

Judge Hoffman

Judge Canas Jr.

138

County Criminal Courts Public Defender Assignments Continued


County Criminal Court of Appeals #1

NONE

County Criminal Court of Appeals #2

ATTORNEY II

Judge Frizzell

Judge Wade

Judge Rosenfield

139

DALLAS COUNTY MANAGEMENT REPORTFor the twelve months ending September 30, 2007 Attachment B

District Criminal Courts

INDICATOR: Court by court comparison of legal costs

116%

98%

91%

96%

96%

95%

86%

99%

102%

104%

101%

100%

102%

104%

110%

110%

105%

101%

IndigentAppointments asa percentage of

tilin s

Overall

COSI PerC'"

318

327

362

295

316

287

393

318

387

385

301

305

376

'09

321

3"

'"'''''

Cost PerAttorney

Court Appointed Altomeys'

Ass! ned Fees Paid Co,.1,692 562,560 332

1,588 537,106 336

1.365 565,537 '"1,535 431,213 28'

1,385 436,343 315

1,149 348,907 30<

754 386,990 513

1,357 382,505 '"1,312 577,828 '"1,251 521,997 '"1,513 478,631 316

1,135 367,677 3"

630 339,983 5<0

915 420,708 '60

1,252 456,135 36<

'60 342,877 357

1,209 575,648 '"21,002 7,732,645 $368

Cases Cost Per

Public Defender

PO,

Does nollnclude Appe

Number Judoe Assi ned Ass; ned Case

I Warder/Burns I 590 275

2 Adams I 399 281

3 R Francis 2 '" 275

, Creuzot 2 675 326

5 AlvarezIThompson 2 726 318

6 Clancy/Howard I 529 252

7 Uu/Snioes 3 962 2"

194th MilierlWhite 2 603 3.'

195th Nelms(finslev 2 61' m

203ro Myers 2 636 322

204\h Nancarrow/Levario I '90 25'

265th Dean/Stoltz , '83 2"

282nd Greene/Chatham 3 1,120 2"

283rd Greoorv/Maqnis 3 660 338

291S1 Hawk 2 '" 256

292no Wade/Mitchell 2 '" '"363rd Johnson/Holmes 3 776 35'

TotallAVG 36 12,308 $298

al assi nmenls

$500

$450

$400

$350

$300

$250

$200

'"

Indigent Defense Cost per Cas

FY2007 Average

PAGE: 2.4

140

CRIMINAL DISTRICT COURT NO.5CARTERTHOMPSON,JUDGE

Doris IrvinCourt Coordinator

January 2, 2008

Mr. Brad LollarChief Public DefenderDallas County, Texas

Victoria FranklinCourt Reporter

Re: Public Defender, Criminal District Court # 5

Dear Mr. Lollar,

J request assignment of one additional public defender to my court, and J commit to use

of this public defender for the balance of FY2008.

cJudge

\

133 North Industrial Blvd., LB 42' Dallas, Texas 75207' Office (214) 653-5942' Fax (214) 653-2836

\ L.\ \

DALLAS COUNTY J;I~,c~',: .. _ _... -.. -..'v,' I

COMMISSIONERS COURT ADMINISTRATION01" !"'t -? 'c', In: It:;

-{) \"i •.•• ,; ..... I" I..., V

Date:

To:

From:

Subject:

January IS, 2008

Members of the Commissioners Co/",

Cori Thomason, Policy Analysf3f

Utilization of Sick Leave Accruals for Bereavement Leave - Comments Received

BackgroundOn November 27, 2007, the Commissioners Court was briefed on a recommendation made by the Human

Resources/Civil Service Department to revise the policy regarding the utilization ofsick leave accruals for

bereavement leave. The Court requested that several departments review and comment prior to it taking

any action or approving the recommended policy. The policy was approved for a 30-day comment period

and Attachment A shows the policy as it was distributed. Comments received are shown below.

Comments ReceivedComment from the Institute ofForensic Science:

It may be that 5 days is too short for immediate family such as a parent and especially a

spouse or child. I think indefinite may be too long but it may need to be at least 10

days ....Sudden unexpected deaths in a spouse or child may effectively paralyze someone for

several days plus of the other personal and financial problems. Not everyone can

compartmentalize the loss and keep going. For the remainder of the categories I think that is

fine. If someone needs extra time they can get permission to use other time such as vacation.

Response from Dr. Mattye Mauldin-Taylor, Human Resources Director

We are comfortable with the five (5) days and wish to submit it as the recommended time limit.

The policy does allow an employee to take more time off; however, the time just must be charged

to another category. Also, if an employee is too distraught to work and requires additional time,

their physician can always submit for family and medical leave consideration.

No other comments were received.

Operational ImpactAdoption of a policy with specific guidelines will provide guidance to employees and management on the

utilization of sick leave accruals when there is a death in the employee's family and provide for

consistency in the implementation of the policy.

Financial ImpactThe overall financial impact should be limited.

411 Elm Street Dallas, Texas 75202 Phone (214) 653-7361 Fax (214) 653-7057

142

Legal ReviewThe Civil Section of the District Attorney's Office reviewed the policy revisions.

Strategic Plan ComplianceRecommendations in this briefing are consistent with Dallas County's Strategic Plan Vision I: Dallas Countyis a model interagency partner. Revisions to this policy allow for a stream-lined County workforce forefficiency and operation.

RecommendationStaff recommends Commissioners Court approve Option Ii as shown in Attachment A for inclusion in theDallas County Code.

Recommended by:

1- )


143

Subdivision VIII. Other Approved Time Off

Sec. 82-501. With pay.

(a) Approved time off, in reasonable amounts, is only authorized for the following

reasons:

(1) Jury duty;

(2) Commissioners court approved closings; and

(3) Whereas it is the desire of the commissioners court to provide quality and

immediate health care services to employees, approved time off with pay

will be granted in reasonable amount for regular, full-time employees to

attend the county employee health center.

(b) Each elected official/department head will be responsible for developing

departmental policies consistent with the intent of the court in conjunction with

policies which will not interfere with the daily, efficient operation of the

department.

(Admin. Policy Manual, § 8(3.29, 3.30); Ord. No. 2002-299, 2-12-2002)

Sec. 82-502. Jury duty.

(a) Serving on a jury is a civic duty and as such is fUlly recognized and supported by

the county. Therefore, leave time for jury duty will be granted in reasonable

amounts as approved time off with pay (coded as jury duty in the time and

attendance system). When employees are summoned for jury duty, the following

guidelines shall apply:

(1) The employee shall immediately notify the supervisor and provide a copy

of the jury summons notice.

(2) If selected to serve on the jury, the employee shall verbally notify the

supervisor.

(3) The employee shall report for jUry duty each day as instructed by the

court.

(4) At the completion of the process, the employee will provide the supervisor

with documentation from jury services that he/she participated/served in

the jury process.

(d) If the employee is released from jury service during normal working hours, the

employee should either report to work immediately or contact his/her supervisor

for further instructions. When requesting an employee to return to work, the

supervisor should consider the number of work hours remaining in the day and

the amount of travel time required. Failure to return to work or to contact the

supervisor may result in the employee being required to utilize accrued leave

time and disciplinary action, up to and including termination.

(Ord. No. 2002-299, 2-12-2002)

144

Sec. 82-503. Witness duty.

(a) Testifying as a witness is a CIVIC duty and is supported by the county.Reasonable leave time for witness duty will be granted as approved time off withpay, not to exceed eight hours or one work day per calendar year.

(b) When an employee is summoned as a witness, the employee shall immediatelynotify the supervisor and provide a copy of the court order, subpoena, orsummons. The following guidelines shall apply:

(1) Witness leave is appropriate for duty with a federal, state, or local court.

(2) Leave for witness duty must be requested in advance as soon as theemployee receives the summons or subpoena.

(3) Time to appear in court when the appearance is part of the employee'sregular job duties will be approved as regular time worked.

(4) Time spent by employees testifying as expert witnesses will be governedby their department's procedures. Employees who receive compensationfrom their court for their appearance shall in no instance receive dualcompensation from the county.

(5) Time to appear in court when the employee is a party to the action is theindividual employee's responsibility and will not be covered under thispolicy. However, employees may use accrued vacation or compensatorytime for this purpose if time is available.

(c) The person responsible for time and attendance entry in the department willenter the pay code for jury duty with a comment code of "Witness."

(d) The employee should contact his/her supervisor for instructions regarding returnto work when court is adjourned or when excused during normal working hours.Employees may be required to submit proof of attendance from the court to thesupervisor upon completion of the witness duty. Failure to return to work orcontact the supervisor may result in the employee being required to utilize otheraccrued leave time and disciplinary action, up to and including termination.

(e) All other witness duty not specifically addressed in this policy must be done onthe employee's own time or must be charged to vacation, compensatory time, orleave without pay.

(Ord. No. 2004-206, 2·3-2004)

Sec. 82·504. Bereavement Leave.

The County recognizes that a death in the family creates some very difficult times for anemployee. In an effort to support the employee during this time and to specify theguidelines involved in granting leave to an employee during this time, the following policyguidelines shall apply:

(a) An elected official/department head may grant a regular, full-time employee up tothe following number of days off, depending on family ties:

145

(1) Up to 5 working days (40 hours) of leave time off for bereavement leave if

the relative who dies is a: mother, father, spouse, child, sister, brother,

grandchild, grandparent. or someone who has acted as the employee's

parent(s);

(2) Up to 3 working days (24 Hours) of leave time off for aunts, uncles, step

parents, stepchild, step-brother/sister, in-laws or for any relative living in the

same household;

(3) One day of leave for cousins; and

(4) For funerals of other relatives, friends and acquaintances not included

above, the employee shall utilize county time, compensatory time or vacation

time accruals.

(b) The gUidelines specify up to the maximum number of days or hours; however,

due to business necessity, the elected official/department head may reguire the

employee to return sooner;

(c) Such leave shall be charged to the employee's sick leave accruals;

(d) If additional time off is requested, the elected official/department head or their

designee, at their discretion, may grant additional time off; however, this

additional time off must be charged to the employee's vacation, compensatory,

and county time accruals or taken off as leave without pay if the employee's has

no such accruals: and

(e) An elected official/department head may, at their discretion, reguest verification

of the absence (i.e., death certificate, newspaper article, etc.).

Secs. 82-50'*§--82-520. Reserved.

146

DALLAS COUNTYCOMMISSIONERS COURT ADMINISTRATIONY

T

Date:

To:

From:

Subject:

January 15, 2008

Members of the Commissioners C7'

Cori Thomason, Policy Analyst{)

Amendments to Constable Traffic Program Policy - Comments Received

Backgroundau December 4,2007, the Commissioners Court was briefed on a recommendation made by the Office ofBudget and Evaluation to amend the Constable Traffic Program Policy. The Court requested that severaldepartments review and comment prior to it taking any action or approving the recommended policy. Thepolicy was approved for a 30-day comment period and Attachment A shows the policy as it wasdistributed. No comments were received.

Operational ImpactThe revised policy will more accurately reflect current Traffic Program operations.

Financial ImpactAdoption of the amended policy will not have any financial impact to Dallas County.

Strategic Plan ComplianceRecommendations in this briefing are consistent with Dallas County's Strategic Plan Vision 3: DallasCounty is safe, secure and prepared. The Constable Traffic Programs are part of the strategic vision tokeep school zones safe and secure for County residents.

RecommendationStaff recommends Commissioners Court approve the amendments to the Constable Traffic Programs asshown in Attachment A for inclusion in the Dallas County Code.

Recommended by:


147

ARTICLE II. TRAFFIC PATROLS'

'State law references: Constables, V.T.CA, Local Government Code § 86.001 et seq.;signs, V.T.C.A., Transportation Code § 393.001 et seq.; Uniform Traffic Act, V.T.CA,Transportation Code § 541.001 et seq.

Sec. 46-31. Guidelines.Since almost all county residents reside in an incorporated city, county constables have

historically served papers for and provided security to the justice of the peace courts but havenot been staffed to conduct regular law enforcement or traffic enforcement patrol activities. Thestaffing formulas for constables' offices do not provide credit for j:}atfGltraffic activities. Theremay be circumstances in which county constables have opportunities for targeted enforcementactivities which are fiscally self-supporting, and do not conflict with services to the justice of thepeace courts, and are supported by the cities in which the patrol activities are located. Thecounty commissioners court does not plan to change the basic staffing formula for constables:offices, but will consider each request from a constables for traffic patrol staffing based on thefollowing uniform guidelines:(1) Traffic enforcement programs shall be self-liquidating as certified by the county aUditor, andwill be subject to an initial six-month financial review.(2) Traffic programs shall be funded only if jointly requested by both the constables and justicesof the peace.(3) Prior to funding a constables traffic unit that is intended to operate ,....ithin a city's corporatelimits, the commissioners court will advise each affected city council of the constables's requectand ask for a formal action by the city council. This action 'Nill acknowledge the proposal andindicate the city's preference either to add this additional service in that city or not to add such a&ertle€!. TAo city council providing the acknowledgment may at any time rescind suchacknowledgment through a formal resolution to the commissioners court, after which the court'spolicy will be to discontinue funding for the program as soon as practicable.mt41 Constables will conduct routine traffic patrol only within their precinct, except where acity is located in more than one precinct and prior written approval from all affected constablesand cities is provided to the commissioners court and supported by the county commissionerrepresenting that city.Q.lfBt The constables shall provide the commissioners court with histheir written policy onengaging in high-speed pursuits.(6) The constables and justices of the peace shall provide monthly reports detailing the trafficpatrol activities and fines collected by their offices.illf71 The county will not provide staff or equipment for part-time traffic enforcement.(Ord. No. 97-2387,12-2-1997)

148

January 15,2008

MISCELLANEOUS

1) HEALTH & HUMAN SERVICES - requests approval:

a) for County Treasurer, Joe Wells to release payroll for the TexasDepartment of Housing and Community Affairs Comprehensive EnergyAssistance Program, Contract No. 587102, for the months of January,February and March, 2008.

(COURT ORDER ON FORMAL AGENDA)

b) to advertise Health and Human Services departmental telephone numbersin the Bilingual Yellow Pages, and make a payment in the amount of$5,000.00 from the Bioterrorism Preparedness budget for theadvertisement.

2) COUNTY JUDGE - requests approval to file certification for JudicialEducation credit hours of the Texas Judicial Academy fall session issued to JudgeJim Foster by the Texas Association of Counties.

(Please Refer to Information Item No.4)

3) DISTRICT COURT ADMINISTRAnON - requests approval:

a) to proceed with the installation of the gamer framed lawyer creeds foreach of the civil and family courts. A sample will be available during thecourt's January 15, 2008 session should the members of the Court care toview its quality.

b) for free parking as authorized in Sec. 74-475.5 of the Dallas County Code,at the George 1. Allen, Sr. Courts Building Underground Parking Garage,for interns Ayse Gunter beginning January 14, 2008 through May 31,2008 and Rachel Hass beginning January 14, 2008 through May 31, 2008,who will both be working in the 5th Court of Appeals.

4) IT SERVICES - requests approval to modify the personal services contract withAtul Malhorta which was approved on Court Order 2007-2193 dated October 30,2007. This is a result of the original party's inability to obtain the requiredinsurance forms. No action was taken on the original contract and there are noadditional costs involved with this modification. The revised contract will bewith Object Information Services for the services of Atul Malhotra from February4, 2008 through August 1, 2008.

149

5) PURCHASING - requests approval for the delection of the requirement forautomobile liability coverage under Bid No. 2008-007-3172 - Annual Contractfor Printed Forms for Elections Administration. Dallas County insurancerequirements, as approved in Court Order 2003-1792, does not require automobileliability coverage for solicitations. This requirement was included in thesolicitation in error. The contract is for the printing and mailing of cards andfOnTIS and does not require automobile coverage. The contract does includegeneral liability and workers compensation coverage. The estimated annual valueof this contract is $137,725.

(COURT ORDER ON FORMAL AGENDA)

6) FACILITES MANAGEMENT - requests approval:

a) for additional funding of $20,735 for the North Tower Jail Fire AlarmPanel project awarded on April 10,2007 under Court Order #2007-751.The additional cost was due to re-programming of the entire North Towerfire alarm system to work with the new panel and subsequent testing.Funding is available in the Permanent Improvement Fund (Fund 126).Recommended by the Office of Budget and Evaluation.

b) to utilize $300 from the Countywide Training Fund to allow Ryan Piper toattend the ETS3 (fire alarm) Programming and Network training classes inBradenton, Florida on February 18-22, 2008. The class is already paid forand the requested funds are for air fare. Recommended by the Office ofBudget and Evaluation.

7) PUBLIC WORKS - requests approval to modify item #574 on the FY2008Approved Vehicle List. A V. Ton Pick-up originally budgeted for $33,000.00 isto be replaced by a one Ton Truck with an estimated cost of $27,495.56.Modification will result in a savings of $5,504.44. Recommended by the Officeof Budget and Evaluation.

8) CRIMINAL JUSTICE - requests authorization to utilize $180 from theCounty's Training Fund to have Jill Reese, Jail Population Coordinator, attend theAmerican Correctional Association Winter Conference in Grapevine, Texas onJanuary 14,2008. Recommended by the Office of Budget and Evaluation.

150

9) OFFICE OF BUDGET & EVALUATION -

a)

b)

requests approval to fund a 4th and final payment due to Brim LaundryMachinery Co., Inc. for a capital improvement project renovating andupdating equipment for the Sheriff Office Central Laundry Services at theCook Chill facility. Funding for this expenditure is authorized by courtorder 2007-998. Charges for the final invoice in the amount of $101,119will be paid from account 196.0.08610.2007.0.70142 with a transfer fromUnallocated Reserves. Recommended by the Office of Budget andEvaluation.

notifies Commissioners Court of administrative changes to two FY2008Contracts. The changes do not reflect any legal nor budget changes. Thechanges in both contracts were reviewed and approved by the CivilDistrict Attorney's Office.

Court Order 2007-1923 approved the FY2008 Dallas CASAcontract.The administrative changes to Section II - Compensation section:Current language states - Upon receipt of statement, County agrees tocompensate CASA within thirty (30) business days at the rate of Fifty and00/100 Dollars ($50.00) per hour for time spent in court, and Forty and00/100 Dollars ($40.00) per hour for time spent out-of-court performingduties specifically related to pending cases. County will make payment toCASA upon receipt of a verified and proper billing for services actuallyrendered.

Amended language states - Upon receipt of statement, County agrees tocompensate CASA within thirty (30) business days at the rate of onetwelfth (1/12) the Contract Amount for services rendered. County willmake payment to CASA upon receipt of a verified and proper statement ofcases being served.

Court Order 2007-1926 approved the FY2008 Texas Department ofFamily and Protective Services contract for various supplementalprograms. The administrative changes:

1) Supplemental Pay added back into the contract thatProgram Administrators and Directors will receive thebonus.

2) Family Based Safety Service Units time line for treatmentis four to six months.

1 5 1

TRAVEL REQUESTS

10) SHERIFF'S - requests approval for:

a) Captain Timothy Randall and Senior Sergeant Mickey Tolbert to attendthe ABPTA Board Meeting in Austin, Texas on January 28-30, 2008, in aTask Force vehicle with gas credit cards and at no other cost to DallasCounty.

b) Assistant Chief Jesse Herrera to attend the ABTPA Board Meeting inAustin, Texas on January 28-30, 2008, in a County vehicle with gas creditcards: $320.00 is available in the NTATTF Fund, NTATTF Department,Conference Training Account, FY Budget 2008,(00466.05600.02460.2008).

11) INSTITUTE QF FORENSIC SCIENCES - requests approval for:

a) Laura Fleming, Heather Thomas and Charles Clow to attend the Shooting,Hunting, Outdoor Trade Show and Conference in Las Vegas, NV onFebruary 1-5, 2008: $2,100 is available in General Fund, CriminalInvestigation Laboratory Department, Conference Travel Account, FYBudget 2008, (00120.3311.4210.2008).

b) Laura Fleming to participate in the National Firearms Examiner Academyin Ammendale, MD on March 23-28, 2008, at no cost to Dallas County.

12) PROBATE COURT NO.2 (Judge Robert E. Price) - requests approval toattend the Texas Center for the Judiciary 2008 Winter Regional Conference inHouston, Texas on February 24-26, 2008: $120.00 ($45 registration fee) isavailable in General Fund, Probate Court No. 2 Department, Education FundAccount, FY Budget 2008, (00532.4702.21667.2008).

13) HEALTH & HUMAN SERVICES - requests approval for:

a) Marianne Killgo to attend the Southeast Region STD/HIV/PTC STDUpdate in Austin, Texas on February 12-14, 2008: $507 is available inGrant Fund, STD Prevention Training Center Department, ConferenceTraining Account, FY Budget 2007, (00466.08709.02460.2007).

b) Alma Armendarez to train an Introduction to SID Intervention Course inBaton Rouge, LA on February 18-29, 2008: $3,201.87 is available inGrant Fund, STD Prevention Training Center Department, ConferenceTraining Account, FY Budget 2007, (00466.08709.02460.2007).

c)

d)

e)

152

Marianne Killgo to attend the 4th Annual HIVIsm Seminar in Atlanta,GA on February 21-22, 2008: $594 is available in Grant Fund, STDPrevention Training Center Department, Conference Training Account,FY Budget 2007, (00466.08709.02460.2007).

Crystee Walton, Norma Piel Brown, Hamed Husain, Glenda Nchekwubeand Mitos Llauder to attend a course on how to apply for Federal Grantsand Cooperative Agreement in Fort Worth, Texas on March 3-4, 2008:$4,179 ($3,475 registration fee) is available in Grant Fund, Part ADepartment, Conference & Staff Development Account, FY Budget 2007,(00466.65600.02050.2007).

Crystee Walton, Norma Piel Brown, Hamed Husain, Glenda Nchekwubeand Mitos Llauder to attend a course on how to manage Federal Grantsand Cooperative Agreements for Recipients in Fort Worth, Texas onMarch 5-7, 2008: $5,035 ($3,975 registration fee) is available in GrantFund, Part A Department, Conference & Staff Development Account, FYBudget 2007, (00466.65600.02050.2007).

EXCEPTION TO TRAVEL REQUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED

Travel Request with reimbursements going over Dallas County Policy maximumreimbursement schedule:

f) LaToya Miles to attend the National Quality Center TQT Training inAtlanta, GA on February 11-13,2008: $970 is available in Grant Fund,Grants Department, Conference Travel Account, FY Budget 2007,(00466.65503.04210.2007)

14) OFFICE OF SECURITY & EMERGENCY MANAGEMENT - requestsapproval for:

a) Asst. Fire Marshal Robert DeLosSantos to attend the 2008 TexasRegional Arson Conference in Pasadena, Texas on January 20-25, 2008:$1,288.66 ($350 registration fee) is available in General Fund, OSEMDepartment, Conference & Staff Development Account, FY Budget 2008,(00120.3340.2050.2008).

153

b) Tonya Hunter to attend FEMA COOP Manager Training in San Antonio,Texas on February 12-14,2008, in a County vehicle: $415.00 is availablein the General Fund, OSEM Department, Conference & StaffDevelopment Account, FY Budget 2008, (00120.3340.2050.2008).

15) INSTITUTE OF FORENSIC SCIENCES - requests approval for Timothy J.Sliter to attend the American Academy of Forensic Sciences in Washington, D.C.on February 15-23, 2008: $2,929 ($661 registration fee) is available in GrantFund, Criminal Investigation Laboratory Department, FY Budget 2006,(00466.3311.4210.2006).

Travel Requests submitted fOr approval after travel had occurred:

16) OFFICE OF SECURITY & EMERGENCY MANAGEMENT - requestsapproval for Robie Robinson and Tonya Hunter to attend the Hurrex 2008Exercise Planning Meeting in Houston, Texas on January 14-15, 2008, at no costto Dallas County.

17) PROBATE COURT INVESTIGATORNISITOR OFFICE - requestsapproval for Margaret Webster, Suzan Thornberg, Hank Vermote, MichelleSutton and Garnett Grevelle to attend the Continuing Education - Texas MentalHealth and the Law 2008 in Dallas, Texas on January 10, 2008: $289.00 isavailable in Escrow Fund, Probate Courts Investigator Department, Probate CourtNo.1, FY Budget 2008, (532.4704.4701.2008), $289.00 is available in EscrowFund, Probate Courts Investigator Department, Probate Court No.2; FY Budget2008, (532.4704.4702.2008) and $289.00 is available in Escrow Fund, ProbateCourts Investigator Department, Probate Court No.3, FY Budget 2008,(532.4704.4703.2008).

MISCELLANEOUS EQUIPMENT

(1) DEPARTMENT: 4812ITEM:

ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCE:

Justice of the Peace 1-2, Nash2 - Hole Punch ($55)3 - Hole Punch ($110.80)$ 166.80Reserves and Contingency, Furniture &Equipment00120.4812.2090 (General Fund, JusticePeace 1-2, Property less than$5,000,FY2008)

(2)

(3)

(4)

(5)

PROPOSED ACTION:

DEPARTMENT: 4821ITEM:ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 4883ITEM:ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 1020ITEMS:

ESTIMATED CODE:FUNDING SOURCE:EXPENDITURE SOURCE:PROPOSED ACTION:


154

Justice of the Peace Nash requests topurchase two hole punches to be used in heroffice. Recommended by the Office ofBudget and Evaluation.

Justice of the Peace 2-1, Cooper1- Rapid Print Clock$700Reserves and Contingency, Furniture& Equipment00120.4821.2090 (General Fund, JusticePeace 2-1, PropertY less than$5,000,FY2008)Justice of the Peace Cooper requests onerapid print clock due to the increase involume of civil/small claim cases. Theadditional clock will increase efficiency.Recommended by the Office of Budget andEvaluation.

JP Central CollectionsI - Phone for Symposium Phone System$1,327Reserves and Contingency, Furniture &Equipment00120.4883.2090 (General Fund, JPCC,Property less than $5,000,FY2008)JPCC was approved twelve phones to gowith the symposium phone system as part ofFY2007 budget. One additional phone isrequired for one clerk. Recommended by theOffice of Budget and Evaluation.

Commissioners Court Administration2 - Magazine Racks with six pockets($1 65per)$330MWBE Unclaimed Funds466.0000.2001MWBE Coordinator requests approval topurchase two magazine racks for the waitingarea. Recommended by the Office of Budgetand Evaluation.

Commissioners Court AdministrationI - Legal File Cabinet

ESTIMATED CODE:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

(6) DEPARTMENT:ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

(7) DEPARTMENT:ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

(S) DEPARTMENT:ITEM:

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

155

$200Within Budget00120.1 024.2090.0 (General Fund, RecordsManagement, Property less than $5.000,FY200S)Commissioner Court requests approval topurchase one legal file cabinet to be utilizedby MlWBE. Recommended by the RecordsManagement.

Health & Human Service - WelfareSamsonite Wheeled Nylon Laptop Case$60.00Within Budget00120.2070.02160.0000 (General Fund,Health & Human Services, Property lessthan $5,000, FY200S)The Health and Human Service Department,is requesting authorization to purchase theabove listed item for field assignments in theWelfare Division. Recommended by theOffice of Budget and Evaluation.

Health & Human Service - WAP4 Sony ICD-P520 Voice Recorders ($59.99)$239.96Within Budget466.0000.2690.2007 (Grant Fund, Health &Human Services, Property less than $5,000,FY2007)The Health and Human Service Department,is requesting authorization to purchase theabove listed items for the WAP Grant #OS305 which was court order June 13, 2006and assigned court order number 2006 1073. Recommended by the Office ofBudget and Evaluation.

Health & Human Service - TB Prevention4-Destroyit 2240 Cross Cut Shredders($300)$1,200Within Budget466.0000.2090.2007 (Grant Fund, Health &Human Services, Property less than $5,000,FY2007)

PROPOSED ACTION:

(9) DEPARTMENT:ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

(10) DEPARTMENT:

ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

(11) DEPARTMENT:ITEM:


156

The Health and Human Service Department,is requesting authorization to purchase theabove listed item for the TB PreventionGrant # 08701 which was court orderAugust 21, 2007 and assigned court ordernumber 2007 - 1653. Recommended by theOffice of Budget and Evaluation.

Health & Human Service - TB Prevention4-Mapsco ($31 per)$124Within Budget466.0000.2950.2007 (Grant Fund, Health &Human Services, Property less than $5,000,FY2007)The Health and Human Service Department,is requesting authorization to purchase theabove listed item for the TB PreventionGrant # 0870 I which was court orderAugust 21, 2007 and assigned court ordernumber 2007 - 1653. Recommended by theOffice of Budget and Evaluation.

Health & Human Service - RW Part AFormula(A&C)Laminate Conference Table (998.998 46/5)$294.84Within Budget466.0000.08410.2007 (Grant Fund, Health& Human Services, Property less than$5,000, FY2007)The Health and Human Service Department,is requesting authorization to purchase theabove listed item for the RW Part AFormula Grant # 65502 which was courtorder April 10, 2007 and assigned courtorder number 2007 - 730. Recommended bythe Office of Budget and Evaluation.

District Attorney's Office8 - Heavy Duty Staplers, Swingline, PIN495515 $76.69$613.52Within Budget

EXPENDITURE SOURCE:

PROPOSED ACTION:

(12) DEPARTMENT:ITEMS:


PROPOSED ACTION:

(13) DEPARTMENT:

ITEMS:


PROPOSED ACTION:

157

00120.4011.02160.0000 General Fund,District Attorney's Office, Property less than$5.000, FY2008)The District Attorney's Office, is requestingauthorization to purchase the above listeditem for various division in the DistrictAttorney's Office. Recommended by theOffice of Budget and Evaluation.

District Attorney's Office700 Adhesive Transfer Tape Dispenser, 3M,Mfg#TDTRANSF3M, PIN 340528$77.76Within Budget00120.4011.02160.0000 General Fund,District Attorney's Office, Property less than$5,000, FY2008)The District Attorney's Office, is requestingauthorization to purchase the above listeditem for the Technology Division in theDistrict Attorney's Office. Recommendedby the Office of Budget and Evaluation.

Health & Human Service - RW Part,A Fonnula(A&C)Portable Cassette Recorder PMD 220 ($467)Speaker Stand (pair 60 pound capacity)($199)Mics MX391BP/O Omm-directional ($249)Portable Stereo Audio Systems P1501l50W($595)$1,510Within Budget466.0000.08410.2007 Grant Fund, Health &Human Services, Property less than $5.000,FY2007)The Health and Human Service Department,is requesting authorization to purchase theabove listed items for the RW Part AFonnula (A & C) Grant # 065502 which wascourt order April 10, 2007 and assignedcourt order number 2007 730.Recommended by the Office of Budget andEvaluation.

(14) DEPARTMENT:

ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:



PROPOSED ACTION:



PROPOSED ACTION:

158

Health & Human Service - RW Part A Formula(A&C)Dry-erase Cork Bulletin Board$91.95Within Budget466.0000.02610.2007 Grant Fund, Health &Human Services, Property less than $5,000,FY2007)The Health and Human Service Department,is requesting authorization to purchase theabove listed item for the Re Part A formula(QM) grant # 65503 which was court orderApril 10, 2007 and assigned court ordernumber 2007 - 730. Reconunended by theOffice of Budget and Evaluation.

Health & Human Service - TB Prevention2 - Chairs- Model 4907 (bw41 & ab90) ($600)1 - LQ-590 Dot Matrix Printer ($280)$880Within Budget466.0000.02090.2007 Grant Fund, Health &Human Services, Property less than $5.000.FY2007)The Health and Human Service Department,is requesting authorization to purchase theabove listed items for the TB PreventionGrant #08701 which was court order August21, 2007 and assigned court order number2007 - 1653. Recommended by the Office ofBudget and Evaluation.

Health & Human ServicesTom-tom 1 Portable GPS System Model no.IGPS$149.99Within Budget00120.5215.02190.0000 General Fund,Health & Human Services, Property lessthan $5.000, FY2008)The Health & Human Services Department,is requesting authorization to purchase theabove listed item for the STD Clinicdivision in the Health & Human ServicesDepartment. Reconunended by the Office ofBudget and Evaluation.

(17)

(18)

(19)


ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:PROPOSED ACTION:



PROPOSED ACTION:



159

204,h Criminal District Court8 -ChairsI - Computer TableN/ASurplusN/AThe 204th Criminal District Court requestsauthorization to obtain eight (8) chairs andone (I) computer table from surplus for usein courtroom offices. Recommended by theOffice of Budget and Evaluation.

Elections2 -Maintenance agreements for 2 LCD TV($169.99 per)$339.98Grant Funds466.0000.8630.2004.0000.00000.02301.0000532.0000.8610.0000.0000.94036.00000.0000Commissioners Court approved the purchaseof an annual warranty/maintenanceagreement for LCD TV', Multiplayer, etc. inthe amount of $228 on December 18,2007.There is an additional cost of $169.99 peragreement required. The total amountrequested is $339.98. Recommended by theOffice of Budget and Evaluation.

Public WorksI - North Texas Council of GovernmentsFY08 Trinity River Common VisionProgram ($5,000)I - North Texas Council of GovernmentsFY08 Regional Public Works ISWMProgram ($3,353)I - North Texas Council of GovernmentsFY07 Storm Water Program ($2,110)$10,463Within Budget00120.2010.02080.0 (General Fund, PublicWorks, Membership Dues & Subscriptions)

PROPOSED ACTION:

(20) DEPARTMENT: 1210ITEMS:


PROPOSED ACTION:

160

Public Works requests authorization to paythe above listed dues for emollment inNTCOG programs. Programs were briefedbefore the Commissioners Court inSeptember 2004. Recommended by theOffice of Budget and Evaluation.

Elections30 - Dallas MAPSCOs ($24.66 per)3 - Ft. Worth MAPSCOs ($24.66 per)I - Shipping ($25)$838.78Within Budget00120.2010.02080.0 (General Fund,Elections, Supplies)Elections requests authorization to make theabove listed purchase. MAPSCOs will beused to verify voter registration addresslocations within Dallas County.Recommended by the Office of Budget andEvaluation.

(21)

(22)

DEPARTMENT: 2030ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:


FUNDING SOURCE:

EXPENDITURE SOURCE:

Park and Open Space1- Dell 2400MP Projector ($1,049 ea.)$1,049Within Budget00120.2030.02090. (General Fund, Park andOpen Space, Property Less than $5,000)Park and Open Space Administrationrequests a PC projector to be used in theTrails and Preserves Program boardmeetings and Planning and Developmentpresentations. Recommended by the Officeof Budget and Evaluation.

Sheriffs Office, Executive Division2 - Display CabinetsI - Conference Table2 - Rectangular TablesESTIMATED COST: $2,690Reserves and Contingency, Furniture andEquipment00120.3110.2090.0000 (General Fund,Sheriffs Office-Executive Division,Propertv Less Than $5,000. FY2008)

(23)

(24)

(25)

PROPOSED ACTION:

DEPARTMENT: 3210ITEMS:ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACTION:


EXPENDITURE SOURCE:

PROPOSED ACTION:


EXPENDITURE SOURCE:

1 6 1

Sheriff Valdez requests authorization toreplace several furniture items. The furniturein question replaces personal items ownedand recently collected by the former Sheriff.Recommended by the Office of Budget andEvaluation.

Constable Precinct I, EvansI - Replacement Date/Time Stamp$600Reserves and Contingency, Furniture andEquipment00120.3210.2090.0000 (General Fund.Constable Precinct I, Property Less Than$5.000, FY2008)Constable Evans requests authorization topurchase (I) replacement date/time stamp.The existing machines cannot be repaired.Recommended by the Office of Budget andEvaluation.

Constable Precinct I, Evans100 - Flex Cuffs$150Reserves and Contingency, Furniture andEquipment00120.3210.2550.0000 (General Fund,Constable Precinct I, Detention Supplies,FY2008)Constable Evans requests authorization topurchase flex cuffs to be used in conjunctionwith the Targeted Offender Program.Recommended by the Office of Budget andEvaluation.

Constable Precinct 2, Gothard100 - Flex Cuffs$150Reserves and Contingency, Furniture andEquipment00120.3220.2550.0000 (General Fund.Constable Precinct 2, Detention Supplies,FY2008)

(26)

(27)

(28)

(29)

PROPOSED ACTION:


EXPENDITURE SOURCE:

PROPOSED ACTION:


EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 3230ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:PROPOSED ACTION:

DEPARTMENT: 3240ITEMS:ESTIMATED COST:

162

Constable Gothard requests authorization topurchase flex cuffs to be used in conjunctionwith the Targeted Offender Program.Recommended by the Office of Budget andEvaluation.

Constable Precinct 3, Adamcik100 - Flex Cuffs$150Reserves and Contingency, Furniture andEquipment00120.3230.2550.0000 (General Fund,Constable Precinct 3. Detention Supplies.FY2008)Constable Adamcik requests authorization topurchase flex cuffs to be used in conjunctionwith the Targeted Offender Program.Recommended by the Office of Budget andEvaluation.

Constable Precinct 3, Adamcik4 - Sets of Body Armor (Armor and Vest)$1,468Reserves and Contingency, Furniture andEquipment00120.3230.2970.0000 (General Fund,Constable Precinct 3. Uniforms FY2008)Constable Adamcik requests authorization topurchase (4) replacement sets of bodyarmor. Recommended by the Office ofBudget and Evaluation.

Constable Precinct 3, AdamcikI - Wood CredenzaN/ASurplusSurplusConstable Adamcik requests authorization totransfer (I) credenza from surplus toConstable Precinct 3. Recommended by theOffice of Budget and Evaluation.

Constable Precinct 4, Skinner100 - Flex Cuffs$150

(30)

(31)

(32)

FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACTJON:

DEPARTMENT: 3250

ITEMS:ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACT]ON:

DEPARTMENT: ]035

ITEM:


PROPOSED ACTION:

DEPARTMENT: 00J95.1090

ITEMS:


163

Reserves and Contingency, Furniture and

Equipment00] 20.3240.2550.0000 (General Fund,

Constable Precinct 4, Detention Supplies,

FY2008)Constable Skinner requests authorization to

purchase flex cuffs to be used in conjunction

with the Targeted Offender Program.

Recommended by the Office of Budget and

Evaluation.

Constable Precinct 5, Cortes]00 - Flex Cuffs$]50Reserves and Contingency, Furniture and

Equipment00120.3250.2550.0000 (General Fund,

Constable Precinct 5, Detention Supplies,

FY2008)Constable Cortes requests authorization to

purchase flex cuffs to be used in conjunction

with the Targeted Offender Program.


Evaluation.

Tax Office4 - Colored Cork BulJetin Boards ($81.85

each)$327.40Within Budget00120.1035.2090.0 (General Fund. Tax

Office, Propertv less than $5,000, FY2008)

Tax Office requests approval to purchase

cork bulJetin boards for their sub-stations

and downtown location offices.


Evaluation.

Information Technology Services

20 - Enhanced Laptop Computers

20 Monitor I Docking Station

Combinations6 - 19" Monitors17 - Monitor Stands$43,000Major Technology Fund - Hardware Refresh

EXPENDITURE SOURCE:

PROPOSED ACTION:

164

00195.0.02093.2008.0.92055 (ComputerHardware Less than $5000 - HardwareRefresh)The Office of Information Technologyrequests Commissioners Court approval topurchase twenty enhanced laptop computerswith monitors and docking stations, six 19"monitors and seventeen monitor stands torefresh the computer hardware for theApplications Development team. These newcomputers will replace old machines,provide computers to replace hardware thatbelonged to ATOS origin and providecomputers for remote / after-hoursapplication support. Recommended by theOffice ofInforrnation Technology.

TELECOMMUNICAnONS

Community Supervision & Corrections Department - requests:M-0801008 - to issue 2 long distance authorization codes to complete day to dayoperations. Equipment $0.00; InstalIation $0.00; Recurring Cost $0.00 - Recommended

M-0801012 - to issue 2 long distance authorization codes to complete day to dayoperations. Equipment $0.00; InstalIation $0.00; Recurring Cost $0.00 - Recommended

Facilities Management M-0801010 - requests issue 6 new pagers for new positions.Equipment $179.70; InstalIation $0.00; Recurring Cost $0.00 - Recommended

IT Services M-0801003 - requests issue a single line phone and phone number for newemployee. Equipment $47.00; InstalIation $0.00; Recurring Cost $0.00 - Recommended

Juvenile M-0801007 - requests multi-line phone (instrument only) phone is missing.Equipment $113.40; Installation $0.00; Recurring Cost $0.00 - Recommended

Parkland Jail Health - requests:M-0801009 - to transfer extension to new area and a single line phone. Equipment $0.00;Installation $0.00; Recurring Cost $0.00 - Recommended

M-0801016 - installation of a voice line, transfer number and single line phone.Equipment $47.00; InstalIation $115.00; Recurring Cost $0.00 - Recommended

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M-0801017 - installation of a voice line, transfer number and single line phone.

Equipment $47.00; Installation $1 15.00; Recurring Cost $0.00 - Recommended

M-0801018 - installation of a voice line, transfer number and single line phone.

Equipment $47.00; Installation $115.00; Recurring Cost $0.00 - Recommended

D-0801003 - installation of a data line for pyxis machine that is needed for medication.

Equipment $0.00; Installation $125.00; Recurring Cost $0.00 - Recommended

D-0801004 - installation of a data line for the PAP program. Equipment $0.00;

Installation $125.00; Recurring Cost $0.00 - Recommended

Tax Office D-0801002 - requests to installation of a data line due to current one not

working. Equipment $0.00; Installation $125.00; Recurring Cost $0.00 - Recommended

BRIEFING AGENDA January 15,2008 REPORTS/RECOMMENDATIONS/REQUESTS 1) HUMAN RESOURCES … ·...

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