dallas county commissioners court june 21, 2011 ...€¦ · 21/06/2011 · briefing agenda june...

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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

June 21, 2011

REPORTSfRECOMMENDA TIONS/REQUESTS PAGE NOS.

1) HEALTH & HUMAN SERVICES

Renewal of Emergency Mosquito Control Aerial Spraying Contract ................. 4-29 (COURT ORDER ON FORMAL AGENDA)

2) INFORMATION TECHNOLOGY

a) Countywide Imaging/Sheriff DMU (Data Management Unit) ............... 30-31

b) Extended Funding for Personal Services Contract for Robert Hall ........ 32-34 (COURT ORDER ON FORMAL AGENDA)

3) PUBLIC WORKS

Master Agreements Governing Major Capital Improvement Program (MCIP) for the City of Irving - District 4 ............................................. 35-37

(COURT ORDER ON FORMAL AGENDA)

4) ELECTIONS DEPARTMART

HAV A, Program Income, Election Escrow and Chapter 19 Funded Election System Enhancements ................................................................ 38-42

5) HOMELAND SECURITY & EMERGENCY MANAGEMENT

FY 10 Urban Area Security Initiative (UASI) Project Change .................................. 43

6) CRIMINAL JUSTICE

FY 2011 Justice Assistance Grant ............................................................................. 44-59

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7) DISTRICT ATTORNEY

Attorney Fee Contracts ............................................................................................. 60-61 (COURT ORDER ON FORMAL AGENDA)

8) PURCHASING

a) IFS Equipment Trade-In ................................................................................. 62-63

b) Award Recommendation - Onsite/Online Training of Dallas County Fire Rescue Fire Department Volunteers (Bid No. 2011-071-5566) ................................................................................. 64-65

9) COMMISSIONERS COURT ADMINISTRATION

Schematic Design for Dallas County Jail Medical Modifications Project ................................................................................................................... Handout

10) BUDGET

a) Conference/Travel/Training Requests ...................................................... 66-68

b) Hiring Freeze ................................... :: ............................................................. 69-70

c) Interim Funding for Grant Positions for the District Attorney' s Office .................................................................................... 71

d) Fifth District Court of Appeals Contract for Computer Services ............ 72-82

e) District Attorney's Office Senior Citizens of Greater Dallas Agreement ...................................................................................................... 83-89


f) District Attorney's Office Health and Human Services Commission/ Office of Inspector General Agreement .............................. 90-99


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11) INFORMATION ....................................................................................................... N/A

• Jail Population Report • Office of Budget & Evaluation - Reserve Balance Report June 15, 20 II • Purchasing:

Annual Contract Extensions Dallas County Auction

• Health & Human Services - HHS Updates

12) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................... 100-108

13) PUBLIC COMMENTS

Speakers ...................................................................................................................... N/ A

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

Letter to Texas Senate Conference Committee Members

DATES TO REMEMBER

Independence Day - Monday, July 4, 2011

Parkland Budget Hearings

Tuesday, August 2, 2011 - 11:00 a.m.

Tuesday, August 30,2011 -11:00 a.m.

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DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Division

ZACHARY S, THOMPSON DIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: June 15, 2011

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SUBJECT: RATIONALE FOR SAME DAY BRIEFING AND COURT ORDER ... -

Dallas County Health and Human Services is requesting that the Emergency Mosquito Control Aerial Spraying Contract be considered on both the briefing and formal agenda, in order to expedite the approval of the contract.

2377 N.Stemmons Freeway Suite 600 • LB 12

Dallas, Texas 75207·2710 Office (214) 819·1870 FAX (214) 819·6012

DALLAS COUNTY HEALTH AND HUMAN SERVICES ADMINISTRATION

Zachary S. Thompson Director

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: June 21,2010

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SUBJECT: RENEWAL OF THE EMERGENCY MOSQUITO CONTROL AERIAL SPRAYING CONTRACT

BACKGROUND

During the summer of 2002, Dallas County experienced twenty-six (26) human cases of the West Nile Virus with two (2) resulting in death. Based on previous cases and deaths, Dallas County has continued to engage in an ongoing surveillance program. In the face of repeated outbreaks, concerted emergency action, including aerial spraying, may be necessary.

Dallas County Health and Human Services, Environmental Health Division plans to take preventive measures from an overall Countywide approach to control and prevent outbreaks of SI. Louis Encephalitis (SLE) and West Nile Virus within Dallas County and surrounding areas, when localized mosquito control efforts are not adequate. The Department of Health and Human Services will be utilizing Dynamic Aviation Group, Inc., dba K&K Aircraft, Inc., as the vendor in the event of an emergency outbreak and aerial spraying is needed. The term of the Contract will be effective from June 29, 2011 through June 28, 2012.

OPERATIONAL IMPACT

There is no operational impact to Dallas County.

FINANCIAL IMPACT

Based on the original agreement (court order #97-1735), each City will pay their fare share, which is determined by the number of acres sprayed and the cost of the chemicals. There is no financial impact to Dallas County.

LEGAL IMPACT

The County Judge is required to sign the agreement after approval by the Commissioners Court. The District Attorney's Office, Civil Section has reviewed and modified the contract content and the contract has been approved as to form.

2377 Stemmons Freeway Suite 600 LB-12

Dallas, Texas 75207-2710 Office (214) 819-1870 FAX (214) 819-6012

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STRATEGIC PLAN COMPLIANCE

Commissioners Court June 21, 2011

Page 2

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community by providing disease prevention, and networking with County cities and regional partners to increase operational efficiency.

RECOMMENDATION

It is recommended that the Dallas County Commissioners Court does hereby approve the Emergency Mosquito Control Aerial Spraying Contract, in orderto protectthe citizens from diseases transmitted by mosquitoes, and request that Dynamic Aviation Group, Inc., be named the vendor in case of an emergency outbreak.

Recommended by: ~e.1;~~'1-"~~~~~-

c: Darryl Martin, Court Administrator Virginia Porter, Auditor's Office

COUNTY OF DALLAS

STATE OF TEXAS

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§ EMERGENCY MOSQUITO CONTROL AERIAl, § SPRAYING CONTRACT BETWEEN DALLAS § COUNTY,ONBEHALFOFDALLASCOUNTY § HEALTH AND HUMAN SERVICES, AND § DYNAMIC AVIATION GROUP, INC.

This Contract is hereby made and entered into by and between the County of Dallas, a Political Subdivision ofthe State of Texas, hereinafter called "County," and Dynamic Aviation Group, Inc, d/b/a K&K Aircraft, Inc., hereinafter called "Contractor," whose address is P. O. Box 7, Bridgewater AirportlVBW, Bridgewater, Virginia 22812 and whose website is at www.dynamicaviation.com.

This Contract is made under the authority of the Government Code Chapter 262, Purchasing and Contracting Authority of Counties, Section 262.024(a)(2), which exempts an item from the contracting and bidding requirement established by Section 262.063 if the commissioners court by order grants the exemption in order to further preserve or protect the public health or safety ofthe residents of the County.

I. TERM

Unless otherwise stated in this Contract, the Term ofthis Contract shall be effective from June 29, 2011 through June 28, 2012.

II. GENERAL PROVISIONS

A. County and Contractor covenant and agree that this contract will be utilized only in case of a DECLARED EMERGENCY requiring control of mosquito population. County shall notify Contractor in the event of a declared emergency. Contractor nnderstands that the declaration of the Emergency is a declaration of a public health hazard and will respond without delay. As human life may be in jeopardy Contractor covenants and agrees that time is of the essence in this agreement.

B. County covenants and agrees to purchase such emergency aerial mosquito spraying services as may be required by County exclusively from Contractor, such requirements being conditioned upon the terms, conditions and consideration as stated herein. Contractor covenants and agrees to furnish tum-key emergency aerial mosquito spraying services, inclusive of all chemicals, at the herein stated units price times the number of units required by County, and all terms and conditions herein for the number of units (acres) as determined by the requirements as shown in the Work Order( s) as issued by County.

C. Quantities as shown in this Contract are estimates based upon the estimated total acres ofland in Dallas County, Texas. Such estimated acreage is up to 600,000+, depending on the County's needs. Actual spraying will be determined on the basis of mosquito control requirements and participation in the program and funding by the Cities located within the County. The County reserves the right to increase or decrease the quantities in any Work Order by any amount deemed necessary to meet its needs without any adjnstments in the unit bid price for each quantity. The County will pay for actual quantities actually received and authorized by written

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work order, as hereinafter provided. All items will be purchased on an AS NEEDED BASIS.

D. Contractor covenants and agrees to familiarize itself with and comply with all applicable laws, codes, ordinances, rules, regulations or other requirements of the appropriate City or Cities, County of Dallas, State of Texas and United States of America as they currently read or as they may be changed, amended or modified in the future. Such compliance shall specificallyinclude, but not be limited to, the U. S. Federal Aviation Administration, and Federal and State of Texas environmental laws, including, but not limited to CERLA, RECLA and the Texas Solid Waste Act.

E. Contractor covenants and agrees that Contractor shall, at its sole cost and expense, determine the requirements for and obtain from the appropriate City, County, State, or the U. S. Federal Government all licenses(s), certificates(s), permit(s), permission, or other like item, if any, required for the performance of the work or compliance with the terms and conditions ofthis Contract. These items shall include, but not be limited to, all requirements for the aircraft, distribution equipment, aircraft personnel, including gronnd or plane crew, specifically including pilots, and copilots, operation of the aircraft at flight elevation levels for the distribution of chemicals, authorization for flight over Dallas County, Texas, including clearance to enter any otherwise restricted area(s) or acquisition, handling or distribution of any chemical.

F. Contractor warrants that it has or will be able to obtain and will timely furnish, for the unit price as hereinafter stated, adequate qualified personnel in its employment and all required transportation, equipment, materials, supplies and any .and all other goods and services for performance of services required under this Contract, including any Work Order. All employees of the Contractor or of any subcontractor shall have all required licenses, lmowledge and have the experience as will enable them to perform the duties assigned to them.

III. SCOPE OF WORK AND SPECIFICATIONS

A. SCOPE OF WORK.

1. Contractor will be given a Work Order in the event that Dallas County, Texas, declares that an emergency condition exists which requires the control of mosquito population by aerial application of chemicals. Such Work Order, as hereinafter provided, will give the geographical boundary of each area to be treated, the calculated number of acres to be sprayed, any special provisions, the date of commencement, date of completion of the services, and the extended compensation to be paid. No Work Order shall be issued for less than 50,000 acres. Contractor will furnish all equipment, services and chemicals to be utilized in accordance with the terms and conditions of this Contract and Work Order(s). Such chemicals will have an approved label and registration number from the Federal Environmental Protection Agency ("EPA") for the use of aerial spraying in relation to mosquito control in an urban congested area. Contractor will be solely responsible for the determination of the operation and route of all Aircraft required for I 00% coverage of the treatment area. Contractor will be solely responsible for notification and co-ordination of all operation with the Federal Aviation Administration, initially for approval and thereafter on daily basis. Contractor must fully comply with all Federal Aviation Administration ("F AA")

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rules and regulation including, but not limited to, CFR 14, Part 137 of the FAA rules and regulation. At the termination ofthe spraying activity Contractor will certify to County, in writing, executed by a person authorized to bind the Company, (l) that the chemical were sprayed over the area designated and no other; (2) the amount of chemical dispersed and that the such amount was in conformity with the amount authorized to be utilized; (3) the name, registration number and total amount of the chemicals used; and (4) the flight path, date and times that each application was made.

2. County will notify the Federal Aviation Administration that the emergency condition exists and that contractor will be responsible for the application of chemicals.

B. SPECIFICATIONS.

1. AIRCRAFT. Contractor shall be responsible under this Contract to furnish one or more multi engine fixed winged aircraft equipped for ultra-low volmne ("UL V") dispersal of insecticides (hereinafter "Aircraft") to control mosquitoes within the confines of Dallas County. Such aircraft must be capable of treating (spraying) 30,000 acres in four (4) hours. Aircraft shall be capable of, and shall be operated at a speed and altitude commensurate with safety for this type of work. Equipment in the Aircraft used to spray the insecticide shall be of the type and condition and shall dispense all chemical in conformity with chemical label requirements and in strict conformity with all requirements of the EPA, FAA, Texas Natural Resources Conservation Commission ("TNRCC"), Texas Department of Health, Dallas COlmty and all municipal requirements.

2. AIRCRAFT AND AIRPORT COST. Contractor, at its sole cost and expense, shall provide pilot(s), gas, oil, maintenance, Aircraft certification and insurance as required to insnre the safe operations of the Aircraft at all times nnder all conditions. Contractor, at its sole cost and expense, shall furnish airport space in an airport in the Dallas - Fort Worth Metroplex or adjacent county. All airport cost, including, but not limited to, landing and tie down fees, loading or unloading of insecticides, or chemicals necessary to perform the work or comply with all provisions of this Contract are the responsibility of the Contractor and will be furnished without cost or expense to County.

3. PILOTS - COPILOTS. Contractor shall provide fully licensed and experienced pilot(s) aud, copilot(s) for the operation of the Aircraft for ULV flights. The pilots and copilots shall be properly trained, licensed, and certified. They shall meet all requirements as specified in the FAA, EPA, TNRCC or other Federal or State requirement for ULV flights for dispersal of insecticides or other chemicals for control of mosquito population, including, but not limited to, certification as a pesticide applicator in the commercial category of aerial application.

4. PILOT TRAINING - MINIMUMS. All pilots in command shall have a minimum of I ,000 documented flight hours in the Aircraft being operated. All pilots in command or otherwise must have a minimum of 100 documented hours of aerial insect control involving ULV flights. All pilots must comply with Federal Drug Free Work Place Policies and FAA regulations regarding operation of the Aircraft.


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5. PILOT AND CO-PILOT LICENSING AND CERTIFICATIONS. The pilot, .co-pilots and all other personnel shall be properly trained, certified, and shall meet all requirements as specified in the FAA regulations. The Contractor shall be able to provide any license/certifications that are required by either local, State of Texas or Federal agencies for the aerial application of insecticides.

6. The pilot and co-pilot shall meet the Federal Environmental Protection Agency and State of Texas Standard for Certification as an insecticide applicator in the commercial category of aerial application. All pilots shall be properly licensed and certified by the FAA. Contractor and it pilots, co-pilots or other personnel engaged in the spraying operation, subsequent to receipt of a notice to proceed under the Work order and prior to beginning the first spray operations, shall visit the local FAA office. The FAA will be informed of the emergency spraying to occur, presented with the current licenses, certification(s) and all documents or information regarding the flights to occur. Contractor shall request that FAA verify in writing that all requirements and certifications have been met for the flights, or alternatively a statement from the FAA explaining why FAA cannot issue such verification. Such FAA certification, or alternative statement, shall be delivered to County prior to the commencement ofthe first flight.

7. CHEMICALS.

a) Dallas Couuty will determine the products/insecticides that will be used at the time the EMERGENCY is declared and shall be listed in the Work Order. Environmental concerns shall be a factor in choosing the product to be used. All products shall be handled and applied by Contractor in strict accordance with label instmctions, and must meet all local, State and Federal regulations.

b) It is anticipated that one or more ofthe following chemicals will be utilized for the aerial spraying.

Trade Name Biomist Anvil 10 10 Fayfanon Naled AquaAnvil Duet

Common Name (Permethrin) (Sumethrin) (Malathion) (Dibrom) (Pyrethrum) (Sumethrin and Prallethriu)

c) EQUIPMENT AND HANDLING. The Contractor shall furnish all equipment including the insecticides to be sprayed. The Contractor shall be responsible for storing, transporting, and loading the insecticide into the Aircraft. Storage, transportation, and loading of insecticides shall be in accordance with local, Federal and State law, mles and regulations. All empty insecticide containers shall be disposed of according to the label instmctions and local, State and Federal regulations.

d) INSECTICIDES MANAGEMENT. Iosecticides shall be handled in accordance will all


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appropriate local, Federal and State regulations. Insecticides selected for use must be registered for the intended use by the U.S. Environmental Protection Agency and must be used in a manner consistent with label instructions and precautions. Specifically, at a minimum, the following laws must be adhered to:

1. Public Law 95-296, Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 819).

11. Public Law 91-596, Occupational Safety and Health Act of 1970, (84 Stat. 1609,29 USC 668) 29 December 1970.

e) INSECTICIDES TRAINING. All personnel involved in pest control shall be properly trained in the safe application of insecticides. The Contractor shall provide evidence that personnel utilized are properly certified by the State of Texas in the handling and commercial application of insecticides.

t) SPRAY. Contractor warrants, covenants and agrees that the equipment in the Aircraft will be of the type and kind necessary for the deployment of chemicals in an amount that is in strict accordance with the label and all directions provided by the manufacture that is required by any law, regulation, rule, direction or requirement of the federal government, including but not limited to the EPA, State of Texas, including, but not limited to the TNRCC, trade organization regulating the spraying ofthe chemical or other safety or environmental regulation or requirement. Contractor further warrants, covenants and agrees that it is solely responsible for the mixture, handling, determination and actions necessary for the application of the spray and the selection, regulation, maintenance and control of the equipment utilized.

g) AREA TO BE SPRAYED. Area to be sprayed, estimated to be up to 600,000 acres, shall be identified by County in the Work Order fumished to Contractor as hereinafter provided. Contractor shall be solely responsible for the determination of the flight path(s) ofthe Aircraft, and as required to provide spray coverage within the boundary of the area(s) identified. The Contractor shall without any expense to the County, be responsible for determining any restricted flight areas or corridors or other requirements and obtaining all necessary clearance, licenses and permits required for provision of the services herein in a timely manner. Contractor shall fully comply with all such requirements and limitations and with any applicable local, Federal, State, and municipal laws, codes and regulations, in connection with the execution of the work.

h) SPRAY SCHEDULE. Spraying shall be accomplished at the earliest practical time. Contractor shall notify County of the flight(s) schedule and path(s) prior to conducting the flight. Contractor shall fumish a map to County, if available, showing the flight path(s). To maximize abatement, spraying shall be done at peak mosquito activity and when environmental conditions exist that are in accordance to label instructions. Contractor will be solely responsible for the determination of all conditions and will make all determinations and take all necessary actions to determine the spray schedule and shall maintain the spray within the boundary of the treatment area as shown in the

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Work Order.

i) RESPONSE TO NOTICE OF DECLARATION OF EMERGENCY.

I. Contractor agrees that upon notice that an Emergency Condition has been declared by the County that will require aerial spraying on part or all of Dallas County, Texas. Contractor will make all preparations within twenty-four (24) hours of such notice. All equipment and personnel necessary to comply with the tenns of this agreement shall be within a one (1) hour flight time from Dallas County, Texas within fortyeight (48) hOurs of notice. All necessary actions to comply with the requirements of this Contract shall be completed and spraying commenced within seventy-two (72) hours of notice. This schedule can be modified by agreement between the Contractor and County as necessary to reflect actual requirements at the time the Work Order is issued. Dallas County Commissioners Court must then approve the declaration in order to commence aerial applications. No spraying shall be accomplished until notice to proceed has been given to Contractor by the Director of the Dallas County Health and Human Services ("DCHHS").

11. If the Contractor shall neglect/fail or refuse to provide services within required time frames specified by Dallas County, the Contractor shall, within twenty-four (24) hours from the beginning of such delay, notify the County, or the Director ofDCHHS in writing of the cause(s) of delay.

iii. Ifthe Contractor shall be delayed in the completion of his work due to unforeseeable cause which is beyond hislher control and without fault or negligence, including, but not restricted to, acts of God or neglect of any other Contractor, the period herein above specified for the completion of delivery shall be extended by such time as shall be approved by the Director ofDCHHS.

j) ORIENTATION CONFERENCE. An orientation conference shall be arranged by the Director ofDCHHS, or her designated employee, after issuance of the Work Order and before notice to proceed is given by the County to commence of work. The Contractor shall infonn the Director ofDCHHS, or her designated employee, ofthe time and date of Contractors arrival. The meeting shall be scheduled for a date and time reflecting the availability of the parties and the commencement of work. At this conference, the Contractor shall be oriented with respect to procedures, lines of authority, contractual, administrative, and constructive matters. Representatives from the District Attorney's Office, Purchasing, Risk Management and DCHHS shall be in attendance.

IV. WORK ORDER(S)

A. Work perfonned by the Contractor will be authorized by the County by written Work Order issued prior to work being perfonned. Each such Work Order shall be incorporated into and made a prui of this Contract.

B. Each Work Order shall be prepared by the County and shall list the boundary of the area to be

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sprayed, the chemical( s) to be used, a calculation ofthe number of acres ofland contained within the boundary of the treatment area, an extension of the fixed unit prices times the number of acres to be treated and any other authorized cost, if any, for the total fixed price of the application. Additionally the Work Order shall specify any items to be furnished by the County, any special provision, and the commencement and a completion date for the work.

C. Such Work Order may be delivered to Contractor by any electronic means (Fax, email, etc.), U.S. Mail or other method, including courier. Notice of the declaration of an emergency, and the terms of the Work Order may be transmitted to Contractor by telephone.

D. Upon receipt ofthe proposed Work Order, the Contractor shall acknowledge acceptance of and agreement to the terms, conditions and total amount of compensation to be paid tmder the Work Order by the signature of a person authorized to bind the Contractor and return such executed copy by the same manner in which it was delivered.

E. Contractor shall furnish to the County the location ofthe airport from which the Aircraft will be operating out of, a list ofthe personnel assigned to the work by name, address, telephone number and duty, and a list of the Aircraft to be assigned to the work by identification number, manufacturer and model. Additionally, the Contractor shall furnish a sworn certification that the Aircraft to be used has received all required modifications and maintenance as required by the FAA, EPA, and other entities having regulatory control over the Aircraft or spray equipment.

F. Work Orders will be issued at the sole discretion ofthe County. There maybe no Work Orders issued under this or any subsequent contract. There is no limit, on the number of Work Orders that maybe issued. There is no guarantee of the issuance of any Work Order(s) or any anlOlmtof work under this contract.

G. Concurrent with the issuance of a Work Order by County, Contractor shall exccute an affidavit certifying that there has been no material change in the qualifications of the Contractor( s), the Aircraft( s), or Personnel and Contractor remains fully qualified to perfOlm the services as the date on which this Contract was executed.

H. Time is ofthe essence as to the commencement and completion date in each Work Order. Any Work Order issued during the effective term of this Contract and not completed within that period shall be completed by Contractor within the time specified in the Work Order. This Contract shall survive the termination date as to such Work Orders and shall govern the County and Contractor's rights and obligations with respect to that Work Order to the same extent as if the Work Order was completed during the Term of the Contract, specifically including all insurance and indemnification provisions contain herein. Such continuation ofthe Contract shall terminate when either the Dallas County Commissioners Court shall accept the project as substantially complete or written notice is given to Contractor by the Director of DCHHS that ContractorDs services are no longer required under the Work Order, whichever shall first occur.

NOTICE: Each Work Order is not effective and the Contractor shall not commence any work contained therein nntil and nnless the Work Order has been approved by formal court order of the Dallas Connty Commissioners Court. Dallas Connty shall not be liable


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for, nor will it pay for any amonnt of work commenced prior to the approval of the Work Order by the Dallas Connty Commissioners Court.

V. AMENDMENTS

A. MODIFICATION OF WORK ORDER.

1. Either the Contractor or the County may initiate a written request for a Modification of Work Order regarding the area to be treated, chemicals to be used, or commencement of application when, in the opinion ofthe requesting party, the needs and conditions ofthe project warrant a modification. Upon receipt of a request by either party, the Contractor and the County shall review the conditions associated with the request and determine the necessity of a modification. When both parties agree that a modification is warranted, the Contractor and the County shall negotiate the specific modification( s) and any changes in the Cost, total notto-exceed amount for the Contract, unit prices for any item not previously agreed upon, or completion dates resulting from the modification. Modifications shall be in the form of a written Modification of Work Order, which clearly defines the changes to the previously approved Work Order. NO MODIFICATION MAY BE MADE THAT WILL INCREASE THE COST OF ANY ITEM PREVIOUSLY AGREED UPON. In the event that a dispute shall arise regarding and modification, it will be mediated by the Director of DCHHS. In the event that agreement cannot be reached the dispute shall be submitted to the Commissioners Court for resolution and its decision shall be final.

2. In all instances County reserves the unconditional right to add to, reduce from, or cancel that area to be sprayed or any part thereof in any Work Order.

a) In the event that County gives written notice of a cancellation or suspension of any work contained in the Work Order, Contractor agrees that all work or action shall immediately cease and the County will be notified as to the current status of the work.

b) In all instances County reserves the unconditional right to add, reduce, suspend, or cancel all or part of any Work Order in the event that the cost, in whole or part, exceeds, by item or in total, the dollar amount of any funding used or intended to be used to pay for such service.

c) Any other provision of this Contract notwithstanding, it is specifically understood and agreed that the Contractor shall not be authorized to undertake any services or acquire any good or services not listed in the Work Order or any modification thereof without having first obtained specific authorization from the County in the form of a formal order ofthe Commissioners Court and a written Authorization To Proceed from the DCHHS Director.

B. SUSPENSION OF WORK.

1. Should the County desire to suspend the work but not terminate the contract, the Connty will issue a written order to stop work setting out the terms of the suspension. The Contractor

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will stop all work and cease to incur costs during the term of the suspension.

2. The Contractor will resume work when notified to do so by the County in a written authorization to proceed. Suspension of work does not extend the contract period. If additional time is required to complete the work because of the suspension, an amendment will be executed in accordance with Amendments provisions herein.

3. If Contractor is delayed by the County due to a suspension of work, or otherwise, the Contractor sole and exclusive remedy for delay shall have the right to a time extension for completion of the Work Order and not damages.

VI. COMPENSATION FOR SERVICES

A. County and Contractor covenant and agree that the following firm fixed units prices shall be utilized in the determination of the tum-key fixed plices to be paid by County to Contractor for the services rendered.

The fixed price per acre is based on Jet-A fuel cost not to exceed $3.00 per gallon. Should such fuel costs exceed $3.00 per gallon, the difference between the $3.00 per gallon and the actual fuel cost per gallon will be passed through to the County with no other markup. Contractor shall provide receipts and documents to support the higher fuel cost.

For spraying 400, 000 to 600,000 acres ofland the following unit prices will be charged:

Material Rate Chemical Price Application Rate Total Cost

Anvi110 10 0.620z per acre $1. 06 per acre $1.03 per acre $2.09 per acre (0.0071b active)

Naled .660z $0.88 per acre $1.03 per acre $1.91 per acre

AquaAnvil .620z $1.34 per acre $1.03 per acre $2.37 per acre

Duet .800z $1.18 per acre $1.03 per acre $2.21 per acre

For spraying 200,000 to 400,000 acres of land the following unit price will be charged:

Material Rate Chemical Price Application Rate

Anvil 10 10 0.620z per acre $1.06 per acre $1.08 per acre (0.0071b active)

Naled .660z $0.88 per acre $1.08 per acre

AquaAnvil .620z $1.34 per acre $1.08 per acre

EMERGENCY MOSQUITO CONTROL AERIAL SPRAYING CONTRACT BTW DALLAS COUNTY & DYNAMIC AVIATION dba K&K AIRCRAFT -2012

Total Cost

$2.14 per acre

$1.96 per acre

2.42 per acre

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Duet .SO oz. $I.1S per acre $1.0S per acre $2.26 per acre

For spraying 100,000 to 200,000 acres ofland the following unit prices will be charged:

Material Chemical Price Application Rate Total Cost

Anvil 10 10 0.620z per acre $1. 06 per acre $1.0S per acre $2.14 per acre (0.007Ib active)

Naled .66 oz. $0.S8 per acre $1. 08 per acre $1.96 per acre

AquaAnvil .76 oz. $ 1. 34 per acre $1.08 per acre $2.42 per acre

Duet .80 oz. $1.18 per acre $1.08 per acre $2.26 per acre

For spraying 50,000 to 100,000 acres ofland the following unit prices will be charged:

Material Rate Chemical Price Application Rate

Anvil 10 10 0.620z per acre $1. 06 per acre $1.08 per acre (0.007Ib active)

Naled .66 oz. $0.S8 per acre $1.08 per acre

AquaAnvil .620z $1.34 per acre $1.08 per acre

Duet .80 oz. $1.18 per acre $1.08 per acre .

*** All chemical prices are subject to change as per market price and availability. * * * * Minimum acreage to be sprayed under the contract is 50, 000 acres.

Total Cost

$2.14 per acre

$1.96 per acre

$2.42 per acre

$2.26 per acre

B. Compensation for the Services provided by the Contractor shall be the extended amount for actual units of work accomplished based upon unit prices. The total amount paid under this Contract shall not exceed the amount of One Million Six Hundred Fifty Thousand Sixty and 001100 Dollars ($1,650,060.00). Contractor shall invoice County for actual work completed monthly in accordance with the amounts, terms, and conditions as may be agreed upon in the Work Order, each of which are incorporated herein by reference as if fully reproduced, word for word. Payment by County is conditioned upon receipt of a correct invoice, subject to audit, setting forth the services rendered. In the event of a conflict, the order of precedence shall be the terms and conditions of (I) the authorized Work Order and (2) the Contract.

C. Nothing contained in this provision shall require the County to pay for any work that is unsatisfactory as determined by the County or which is not submitted in compliance with the terms of the Work Order or this Contract. The County shall not be required to make any payments to the Contractor when the Contractor is in default under this Contract, nor shall this Article or any other provision of this Contract or any Work Order constitute a waiver of any right,

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in law and/or in equity which the County may have if the Contractor is in default, including the right to bring legal action for damages. Default shall include, but not be limited to the failure to complete Contractor's work in accordance with the performance schedule and in accordance with the terms, conditions and/or requirements contained in this Contract, inclusive of any Work Order.

VII. PAYMENT

The Contractor shall be paid at the unit price for the authorized acres actually sprayed after receipt and verification of invoice( s) for services rendered. After acceptance of the work completed, payment will be made in accordance with the Prompt Payment Act.

PRIOR DEBTS. County shall not be liable for costs incurred or performances rendered by Contractor before or after the Contract Term; for expenses not billed to County within the applicable time frames set forth in this Contract; or for any payment for services or activities not provided pursuant to the terms of this Contract.

VIII. INDEMNIFICATION

To the fullest extent allowed by law, Contractor agrees to indemnify and hold harmless County, Dallas County Commissioners Court, including the County Judge, County elected officials, officers, agents, and employees (collectively, "County") against all claims, demands, actions, suits, losses, damages, liabilities, cost and/or expense of every kind aud nature (including, but not limited to investigation cost, court cost, litigation expense and attorneys fees), paying same as they accrue, and all recoverable interest thereon, incurred by or sought to be imposed on Connty because of injury (including death) to any person or damage to property (whether real, personal or inchoate), arising out of or in any way related (whether directly or indirectly, causally or otherwise) to: (1) the performance of, attempted performance of, or failure to perform, operation or work under this Contract by Contractor, its subcontractors, if any, and/or any other person or entity working for or on halfofContractor; (2) the condition of any real property, including any improvements, on which said operations or work are being performed, including without limiting the generality of the foregoing, any negligent act or omission of the Contractor or any agent, servant, employee or sub-contractor, if any, ofthe Contractor in the execution or performance ofthis Contract; (3) arisiug out the breach of any ofthe requirements and provisions ofthis contract or any failure of Contractor, its employees, officers, agents, invitees, or assigns in any respect to comply with and perform all the requirements and provisions hereof; (4) the selection, provision, use or failure to use, by any person or entity, of any tools, supplies, materials, eqnipment, aircraft, spraying equipment or vehicles (whether owned or supplied by County, Contractor, or any other person or entity) in connection with said work or operations; or (5) the presence on County real property, including any improvements located thereon, of the Contractor, its subcontractors, if any, employees, suppliers, vendors or any other person acting for or on behalf of Contractor. This indemnification shall apply when any such claim for injury or damage is based 011 any theory of liability, including negligence, intentional wrong doing, strict product liability or breach of nondelegable duty. Contractor further agrees to defend, (at the election of County) against any claim, demand, action or suit for which indemnification is provided hereunder at its sole cost

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and expense, paying same as it shall accrue.

Contractor shall give to County prompt reasonable written notice of any Injunction, claim or litigation of which Contractor becomes aware regarding the Contract or its performance of this Contract. It is further provided that Cotmty shall give to the Contractor prompt and reasonable notice of any such claims or actions. Contractor shall have the right to investigate, compromise, and defend same to the extent of its own interest. If required by County the Contractor shall enter and defend the County's interest at its sole costs and expense. This provision shall not create any cause of action in favor of any third party against County or Contractor nor shall it enlarge in any way the liability of County, nor constitute a waiver of its Sovereign Immunity or any other defense.

This Section shall survive the termination, cancellation, and completion of this Contract

IX. INSURANCE

A. INSURANCE COVERAGE REQUIRED.

1. Subject to Contractor's right to maintain reasonable deductibles in such amounts as are approved by the County, not to exceed ten percent (10%) of the face amount of coverage, Contractor shall obtain and maintain in full force and effect for the duration of the Contract, and any extension hereof, insurance coverage written by company's authorized to conduct business in the State of Texas and acceptable to the County, in the following type(s) and amount(s). All cost or expense of insurance, and any and all deductibles shall be paid by Contractor without any liability to or reimbursement from County.

2. Prior to approval of any Work Order by the County Commissioners Court, Coutractor shall furnish an Insurance Certificate( s) to the County which shall evidence that insurance Policies in the amounts set forth below are then in effect. County shall have uo duty to payor perform uuder the Contract until such certificate(s) shall have beeu delivered to County, and no officer or employee of the County shall have authority to waive this requirement.

3. The County reserves the right to review the insurance requirements of this section during the effective period of the contract or any Work Order and to adjust insurance coverages and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, current evaluation of risk, or the claims history of the industry as well as the Contractor. If, after selection and furnishing of insurance as required herein the County requires an extension of coverage or increase in the minimum coverage limits, any increase in the premium cost of insurance caused by such increase will be paid by Contractor without cost to County.

B. REQUIRED MINIMUM COVERAGE.

~ Workers Compensation

and Employer's Liability:

Amount Texas Labor Code Statutory amount =

$500,000.00

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Commercial General (public) Liability to include coverage for the following: a. Premises operations to include sidewalk b. Independent Contractors c. Products/completed operations d. Personal injury e. Contractual liability f. Fire legal liability g. Medical payments

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Combined single limit for bodily irDury and property damage of$5,000,000.00

Pollution: Contractor shall maintain Pollution Liability Insurance with a limit not less than Two Million and 00/100 Dollars ($2,000,000.00) for each occurrence for bodily injury, including death; loss or damage to property, including loss of use of damaged property or of property that has not been physically injured, cleanup costs, and costs and expenses incurred in the inve.stigation, defense, or settlement of claims. Such insurance shall include automobile coverage forms. This Pollution Liability Insurance may be obtained by Contractor any time so long as it is obtained: (i) prior to the performance of or preparation of any work or services under this Contract; and (ii) without interference or delay to the emergency response or services by Contractor.

Airport Liability

Aircraft Liability

Comprehensive Automobile Liability insurance to include coverage for: a. Owned/leased automobiles b. Non-owned automobiles c. Hired automobiles

Combined single limit of$5,000,000.00

Combined single limit of$5,000,000.00

Combined single limit for bodily injury and property damage of$400,000.00

C. ADDITIONAL POLICY ENDORSEMENTS. The County shall be entitled, upon request, and without expense to receive certified copies of each and all insurance Policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular Policy terms, conditions, limitations or exclusions. (Except where Policy provisions are established by law or regulation binding upon either ofthe parties hereto or the underwriter on any of such Policies). Upon such request by the County, the Contractor shall exercise reasonable efforts to accomplish such changes in Policy coverages, and shall pay the cost thereof.

D. REQUIRED PROVISIONS. Contractor agrees that with respect to the above required insurance, all insurance contracts and certiticate( s) of insurance will contain the following required proVISIOns:.

1. Name the County as additional insured;

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2. Provide for written thirty (30) days prior notice to County of cancellation, non-renewal or material change;

3. Provide for an endorsement that the "other insurance" clause shall not apply to the County;

4. Contractor and the insurer agree to waive subrogation against the County;

5. Provide that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification/defense provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable Policies.

6. Companies issuing the insurance Policies shall have no recourse against the County or other named insured for payment of any premiums or assessments for any deductibles, which are at the sole risk ofthe Contractor.

7. Waive any exclusion that would preclude coverage of ULV aerial flights of the type described in this Contract.

8. Include any provision necessary to include coverage of ULV aerial flights of the type described in this Contract.

E. SURVN AL. This Section shall survive the termination, completion or cancellation of this Contract

X.AUDIT

A. County, its Auditor, or its designated agents or representatives shall have the unrestricted right to audit any and all books, ledgers, certificates, maintenance logs, any records of purchase or spraying of chemicals, licenses, policies, including, but not limited to insurance policies, expenditures, budget or any other item therein, supporting data, computer records and programs, and all items of hardware, software or firmware, or any other item utilized in the performance of, compliance with, accounting of or related to this Contract. Contractor covenants, warrants, and agrees that all books, ledgers, maintenance logs, any records of purchase or spraying of chemicals, certificates, licenses, policies, including, but not limited to insurance policies, expenditures, budget or any other item therein, supporting data, computer records and programs, and all items of hardware, software or firmware, or any other item utilized in the performance of, compliance with, accounting of or related to this Contract shall be kept and maintained by Contractor for not less than four (4) years from the date of completion of this Contract or the completion to final unappealable judgment of any litigation regarding this Contract. Such information shall be furnished to and made available to County, at a location ofCounty[)s choice, in good form, adequately indexed and identified, within ten (l0) days of written notice to Contractor requesting same.

B. This Section shall survive any termination, cancellation, and completion of this Contract.

C. The results of any audit shall be furnished to Contractor for comment. In the event that any audit

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shall determine that nay sum is owed to County by Contractor, such funds shall be deemed due and payable upon demand by County.

XI. NOTICES.

Any notice to be given under this Contract shall be deemed to have been given if reduced to writing and delivered in person or mailed by overnight or Registered Mail, postage pre-paid, to the party who 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 the date it was so delivered or mailed.

COUNTY Zachary Thompson, Director

DYNAMIC AVIATION / K&K AIRCRAFT Michael A. Stoltzfus, President & COO

Dallas County Health & Human Services 2377 N. Stemmons, LB12, 6th Floor Dallas, Texas 75207

XII. TERMINATION BY THE COUNTY

P.O. Box 7 Bridgewater AirportlVBW Bridgewater, Virginia 22812

A. FOR CAUSE. The Contract shall be subject to termination by County in the event of the happening of one or more ofthe following contingencies:

1. The occurrence of any act or event which operates to deprive the Contractor of the rights, powers, licenses, permits, and authorizations necessary for the proper and lawful conduct and operation of the services authorized herein.

2. If Contractor shall file a voluntary petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against it, unless said petitiou is dismissed within (30) days of said filing.

3. The making by the Contractor of an assignment for the benefit of creditors.

4. If Contractor shall abandon or discontinue the said aerial mosquito spraying.

5. If Contractor shall fail to perform, keep, and observe all of the warranties, covenants or conditions set forth in the Contract, such failure may be considered a breach or default ofthe Contract ten (l0) days from the date written notice has been given Contractor by County to commence the contract or correct a default or breach. If, within one (I) day, or such time as may be listed in the notice, from the date of such notice, the Contractor has not commenced work or to correct a default or breach complained in a manner satisfactOlY to the County, then, and in such event, County shall have the absolute right, at once and without further notice to Contractor, to declare the Contract terminated; to take over the contract; to employ additional contractors to commence or complete the contract; andlor to enter upon and take full possession of all supplies or materials previously paid for. In the event that County shall be responsible for the commencement or completion of this Contract by County forces, employment of additional contractor, or otherwise, Contractor confesses its obligation to pay and does hereby agrees to pay County, on demand, all sums in excess of the cost or


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consideration contained herein.

6. In the event that defaults, failures to perform, and/or breaches by Contractor of its obligations under the Contract to be performed, kept, and observed by it shall recur from time to time (even though cured after the receipt of notice to cure) to such extent that the County believes that ContractorOs work is an unsatisfactory, then CountyOs Commissioners Court may terminate the Contract.

B. FOR CONVENIENCE. The County, without cause, may terminate the Contract for CountyOs convenience upon ten (10) days written notice to the Contractor with the understanding that all services being performed under the Contract shall cease upon the date specified in such notice. Contractor shall invoice the County for all services completed and shall be compensated in accordance with the terms of the Contract for all services performed by the Contractor prior to the date specified in such notice.

C. FOR NON APPROPRIATION. Notwithstanding any terms herein to the contrary, County has the right to terminate the Contract on the last day of the then current fiscal year in the event the County fails to appropriate funds pertinent to the Contract or as stated in General Provisions Funding clause. County agrees to promptly notify Contractor of such failure to appropriate prior to the end ofthe County's then current fiscal year.

D. NO DAMAGES. The County shall not be liable for lost or anticipated profits of Contractor in the event oftermination or cancellation ofthe Contract. The right for the County to cancel or terminate the Contract or take possession and operate is in addition to and not in exhaustion of such other rights that the County has or causes of action that may accrue to the County because ofthe Contractor's failure to fulfill, perform, or observe the obligations, conditions or covenants of the Contract. Pursuit of any of the foregoing remedies shall not preclude pursuit of any ofthe other remedies herein provided or any other remedies of law; nor shall any remedy herein provided constitute a forfeiture or waiver of any monies due County hereunder or of any damages accruing to County by reason of the violation of any of the terms, conditions and covenants herein contained. Iflegal action is required to enforce any of such remedies, County shall also be entitled to reasonable attorney's fees.

XIII. WARRANTIES COVENANTS AND AGREEMENTS

Contractor warrants, covenants and agrees to the following:

A. DISTURBANCE OR WASTE. Contractor shall not commit, nor allow to be committed any act of civil disturbance or riot, harassment of any nature, or any action or conduct actionable in State or Federal civil or criminal law; any act of waste including any act which might deface, damage or destroy any property or any part thereof; use or permit to be used any equipment, including, but not limited to Aircraft, or other thing which might cause injury to person or property or do anything, or permit anything to be done, which would, in County's opinion, disturb or tend to disturb County or the public.

B. CONTROL. Contractor shall maintain sufficient discipline and control of its equipment,

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including, but not limited to Aircraft, or personnel and all parties to prevent any injury (including death) to any person or damage to the real or personal property.

C. HAZARDOUS MATERIALS. Throughout the term ofthe contract, Contractor shall prevent the presence, use, generation, release, discharge, storage, disposal, or transportation of any Hazardous Materials, including, but not limited to, on, under, in, above, to, or from any Aircraft, other than in strict compliance with all applicable federal, state, and local laws, rules, regulations, and orders. For purposes of this provision, the term "Hazardous Materials" shall mean and refer to any wastes, materials, or other substances which require special handling or treatment, under any applicable local, state, or federal law, rule, regulation, or order.

D. NUISANCE. Contractor covenants and agrees that it will cause to be abated or shall abate, at no cost to or contribution from County, any spills, nuisances, health, environment or safety dangers and shall remediate or cause to be remediated all materials that may be in violation of any laws pertaining to health or the environment, including without limitation, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Texas Water Code and the Texas Solid Waste Disposal Act, all as amended, caused by the presence, use, generation, release, discharge, storage, disposal, or transportation of any material by or at the direction of Contractor in performance of this Contract.

E. DAMAGE OR DESTRUCTION. Contractor shall not conduct its business in any manner which would (1) increase the risk of personal injury, including death, or damage to, partial destruction of or destruction of any real or personal property, or any portion thereof, or (2) invalidate any policy of insurance now or hereafter carried by Contractor. Failure to comply with such requirement will constitute a breach of the contract and County may terminate the contract if such requirement is not met after one (1) day written notice to Contractor from County. Contractor agrees that County will not be liable for nor be required to pay any damages, liquidated or unliquidated, caused by any delay due to compliance with this provision.

F. JUDICIAL ACTION. Contractor agrees that it will furnish at the written request of County all necessary personnel and records necessary or convenient to provide all evidence or testimony regarding any actions taken or not taken to fulfill the requirements ofthis Contract without cost or expense to County. This Section shall survive the termination, cancellation and completion of this Contract for a period of four (4) years or until all changes, demands, suits or other actions have released or have become unappealable.

G. NOTICE REQUIRED. Contractor shall give immediate oral notice to County, confinned immediately by Fax or written notice, of any failure or problem with its equipment or inability to comply with the agreed upon schedule. Further, Contractor shall notify County of any accident, spill, damage or destruction of equipment or materials, specifically including any chemicals, or any portion thereof, real or personal or real property, any injury to or death of any person, or any litigation or claim by any party involving Contractor in its actions or compliance with this Contract.

H. EMERGENCY. In the event of any fire or Police emergency, Contractor shall first notify the


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appropriate emergency response agency (911) and immediately thereafter orally notify the Director ofDCHHS at (214) 819-2100 of such occurrence and immediately confirm such notice in writing.

1. INDEPENDENT CONTRACTOR. Contractor and County agree that Contractor is and shall remain an independent contractor with respect to all services, goods or materials performed or furnished under this Contract. It is understood and agreed that nothing contained in this Contract is intended or should be construed as creating or establishing the relationship of copartners, joint venturers or joint adventurers between the parties hereto or as constitutes Contractor as the agent, representative, or employee of COlmty for any purpose or in any marmer whatsoever. Contractor is independent in the nature of its business and is employed by County solely for the completion of the scope of work and specifications as shown herein and will receive consideration (compensation) as specified herein. Contractor has the sole obligation to furnish necessary tools, supplies, and materials to perform this Contract, and is solely responsible for the direction and control of all work for the compensation as specified herein.

J. PAYMENT OF TAXES ETC. Contractor accepts full and exclusive liability for the payment of any and all contributions or taxes for Social Security, WorkerDs Compensation Insurance, Unemployment Insurance, or Retirement Benefits, Pensions, or annuities now or hereafter imposed under any state or federal laws which are measured by the wages, salaries, or other remuuerations pay to persons employed by Contractor for work performed lmder the terms ofthis Contract and agrees to indemnify and save harmless the Connty from any snch contribution or taxes or liability.

K. NO ASSIGNMENT. Neither this Contract nor any right, obligation in whole or part may be assigned, transferred, or subcontracted by Contractor without the prior written consent of the County.

L. COMPLIANCE WITH LAW. Contractor shall comply with all federal, state or local laws, codes, ordinances, and regulations and orders of any federal, state, county, municipal or other government agency thereofhavingjurisdiction over and relating to compliance with or related to the terms of this contract, inclusive of fire, emergency, enviromnent, health, safety and any construction and the rules and regulations of the County now or hereafter in force which may at any time be applicable, and shall obtain and pay for all permits, franchises, approvals, licenses, certificates, and any authorizations required or exacted by law and necessary for completion of this contact, and shall pay all fees, assessments, taxes, excluding those taxes paid by the County, and charges levied under state, federal, or local statutes or ordinances insofar as they are applicable.

M. COMMISSIONERS COURT'S APPROVAL REQUIRED. Any action requiring the expenditure of funds not previously approved by the Commissioners Court is not effective and the Contractor shall not commence any work or acqnire any goods or services until snch expenditure has been approved by formal court order of the Dallas County Commissioners Court and notice to proceed has heen issned by the Director of DCHHS. County shall not be liable for, nor will it pay for any amount of work commenced or goods or services acquired or expended prior to approval by the County Commissioners Court

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and notice to proceed has been issned.

N. PROFESSIONAL QUALITY. Contractor warrants to County that all materials and services will be of professional quality conforming to generally accepted practices. Ifthere are no applicable or recognized professional standards in the applicable area or areas of expertise required to perform such services, then Contractor will perform aU services in a good and professional manner that meets County's goals and objectives as stated herein as well as otherwise adds value to and/or improves the performance of County's expectations, objectives and purposes as stated in this Contract. Any work that is determined by County to be less than professional quality will be corrected without charge. This warranty is limited to rework of the unsatisfactory product without change to the original specifications and without regard to the amount of the effort expended on the original work product.

XIV. MISCELLANEOUS PROVISIONS

A. W AIYERS. No waiver of default, breach or failure to perform by either party of any of the terms, covenants, and conditions hereto be performed, kept, and observed by the other party shall be construed as, or operator as,.a waiver of any subsequent default, breath of failure to perform any ofthe terms, covenants, or conditions herein contained to be performed, kept, and observed by the other party.

B. ENTIRE CONTRACT. This contract constitutes the entire contract agreement between the parties hereto, and all other representations or statements heretofore made, verbal or written, are merged herein and this contract may be amended only in writing and executed by duly authorized representatives of the parties hereto, after prior approval of the Commissioners Court, as necessary.

C. LIENS. Contractor shall allow no liens to be attached to County property, personal or real.

D. SUCCESSORS AND ASSIGNORS. All provisions of the Contract shall extend to bind and insure to the benefit not only of County and Contractor, but also their respective legal representatives, successors and assignors.

E. CONTRACT AMENDMENTS. The Contract may be amended from time to time by written Agreement, executed by duly authorized representatives of aU the parties hereto, after prior approval of the Commissioners Court, as necessary.

F. APPLICABLE LAW. This Contract and all matters pertinent thereto shall be construed and enforced in accordance with the laws ofthe State of Texas. This Contract is fully performable in Dallas County, Texas, and exclusive venue shall be in Dallas County, Texas. Notwithstanding anything herein to the contrary, this contract is expressly made subject to CountyOs Sovereign Immunity, Title 5 of Texas Civil Practice and Remedies Code, and all applicable State of Texas and F ederallaws.

G. SEVERABILITY - INVALID PROVISIONS. In the event any part ofthis Contract is held to be invalid, void or unenforceable by a court of competent jurisdiction, the remaining provisions



26

hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. The invalidity of any covenant, condition, or provision shall in no way affect any other covenant, condition, or provision herein contained, provided the invalidity of any such covenant, condition, or provision does not materially prejudice either party in its respective rights and obligations contained in the valid covenants, conditions, and provision of this contract.

H. DEFAULT/W ANERIMITIGA TION. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this contract does not preclude pursuit of other remedies in this contract or provided by law. Contractor shall have a duty to mitigate damages.

1. HEADINGS. The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this contract and shall not be deemed to affect the interpretation or construction of such provision.

J. NUMBER AND GENDER. Words of any gender used in this Contract shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise.

K. COUNTERPARTS. This Agreement 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.

L. FUNDING. Notwithstanding any provisions contained herein, this contract is expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the agreement and any extension thereto. Contractor shall have no right of action against and releases the County of Dallas in the event that the County of Dallas is unable to fulfill its obligations under this contract as a result oflack of sufficient funding for any item or obligation from any source utilized to fund this contract or failure to budget or authorize funding for this contract during the current or future fiscal years. In the event that County of Dallas is unable to fulfill its obligations under this contract as a result of lack of sufficient funding or if funds become unavailable, County of Dallas, at its sole discretion, may, subsequent to execution by County, provide funds from a separate source or terminate this contract

M. NONDISCRIMINATION. As a condition of this Contract, Contractor will take all necessary action to insure that, in connection with any work under this Contract, it will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. In this regard, Contractor shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum of four (4) years, with full access allowed to authorized representatives ofthe County upon request for purposes of evaluating compliance with this and other provisions ofthis Contract.

N. MINORITY AND WOMEN BUSINESS ENTERPRISE. The County is wholly committed to developing, establishing, maintaining, and enhancing minority business involvement in the total procurement process. It is the policy of the County to involve qualified minority/women-owned


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businesses to the greatest extent feasible in the CountyDs procurement of goods, equipment, services, and construction. The County, its contractors, their suppliers and subcontractors and vendors of goods, equipment, services, and professional services shall not discriminate on the basis of race , color, religion, national origin, handicap, or sex in the award and/or performance of contracts. However, competition and quality of work remain the ultimate "yardstick" in contractor, sub-contractor, vendors, service, professional service, and supplier utilization. All vendors, suppliers, professionals and contractors doing business or anticipating doing business with the County shall support, encourage, and implement affirmative steps toward our common goal of establishing equal opportunity for all citizens of Dallas County.

O. FEDERAL OR STATE OF TEXAS FUNDING. In the event that this Contract or part thereof is funded by State of Texas or U. S. Government federal funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or greater requirement( s) than stated herein, Contractor agrees to timely comply therewith without additional cost or expense to County

P. MATERIAL CHANGES.AFFECTING QUALIFICATIONS. Contractor shall notif'y County in writing immediately upon any occurrence that could or may affect the qualifications of the Contractor, specifically including, but not limited to, the filing of a petition in Bankruptcy, assigrunent for the benefit of creditors, merger or sale of the Contractor, loss of computer hardware, software or firmware utilized, equipment, specifically including Aircraft, loss or restriction on any license, certificate, or other approval needed for the maintenance of the Aircraft, operation of the Aircraft, specifically including the spraying equipment, or supplies utilized, or loss of or material change in personnel assigned or key personnel, detailing the occurrence. In the event that such occurrence shall, in the sole determination of County, change or modify the qualifications of that Contractor, County may tenninate this Contract, including any Work Order, or other agreement and remove the Contractor from the list of qualified proposers.

Q. TIME OF THE ESSENCE. Time is of the essence in the performance of all the parties' obligations and duties under this agreement.

R. NO THIRD-P ARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that enforcement ofthe terms and conditions ofthis agreement and all right of action relating to such enforcement shall be strictly reserved to Contractor and County and nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other person on this agreement. It is the express intention of Contractor and the County any other entity other than Contractor or the County receiving services or benefits under this agreement shall be deemed an incidental beneficiary only.

S. TERMINATION OF CONTRACT. At the termination of this Contract between County and Contractor, Contractor shall furnish to County a listing of current records or information requested in writing by County in either printed or electronic format or both. If telminated prior to completion of any Work Order Contractor agrees to furnish all information in an electronic form which is compatible with the CountyDs computer system and/orthe computer system of any subsequent vendor or contractor of County selected for continuation ofthe services as described

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in whole or part herein or as may be added by amendment. Contractor agrees to cooperate with any subsequent vendor or contractor of County and to use its best efforts to insure a transition of services without interruption or degradation of service. This Section will survive the termination, cancellation, and completion of this Contract and shall be a continuing obligation until the transition of services is complete. All items listed or required in this provision shall be furnished by Contractor to County without additional cost or expense to County.

T. CONFLICTS OF INTEREST. Contractor warrants and covenants that neither the County nor its official(s) or employee(s) has or shall have any financial interest, directly or indirectly, in this Contract with the County or is financially interested, directly or indirectly in the sale to the County of any ofthe goods or services contemplated herein, except on behalf of the County as an official or employee. Any violation ofthis section, with knowledge, expressed or implied, of the person or corporation contracting with the County shall render this Contract voidable by the Commissioners Court of Dallas County. It is the responsibility of the Contractor during all phases ofthe Contract process to notify the County in writing of any potential conflict of interest.

1. Contractor warrants that no officer, employee, agent, or consultant of the Contractor, who exercises or exercised any functions or responsibilities with respect to this Agreement will obtain any personal or financial interest or benefit from the work performed tmder this Agreement and no employee, officer, or agent of Contractor shall solicit or accept gratuities, favors or anything of monetary value from Dallas Cotmty.

2. Contractor shall establish safeguards to prohibit its employees from using their positions for a pnrpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other tics.

U. STATUTORY CONTRACT AMENDMENTS. Any alterations, additions, or deletions to the terms of this contract which are required by changes in environmental law, federal law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation.

V. SIGNATORY WARRANTY. The undersigned signatory for the Contractor hereby represents and warrants that he or she is an officer ofthe organization for which he or she has executed this contract and that he or she has full and complete authority to enter into this contract on behalf of the firm and that the execution thereof is the act of the Contractor and has been delivered and, subsequent to execution by County, constitntes a legal, valid and binding obligation of the Contractor, its successors and assigns and shall inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns.

COUNTY AUTHORITY. Dallas County is a corporate and political body and subdivision of the State of Texas. This Contract is executed pursuant to an Order of the Dallas County Commissioners Court.

CONTRACTOR AUTHORITY. Dynamic Aviation Group, Inc is incorporated in the State of Virginia and authorized to conduct business in the State of Texas. By the signature ofthe party below, Dynamic Aviation Group, Inc. warrants that such party has full right and



29

authority to bind the Company. A corporate resolution giving such contractual authority is attached hereto and incorporated by reference as if fully reproduced herein word for word.

COUNTY:

BY: Clay Lewis Jenkins Dallas County Judge

Recommended:

~~~ BY:7z~~

Director DCI-IHS

* Approved as to Form: /

Chief, Civil Division Assistant District Attorney

CONTRACTOR:

BY: Michael A. Stoltzfus President and COO

* By law, the District Attorney's Office may only advise or approve contracts or agreements or legal documents on behalf of its clients. It may not advise or approve a contract or agreement or legal document on behalf of other parties. Our review of this contract was conducted solely from the legal perspective of our client. Our approval of this contract 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 respective attorney(s).


Page 23 of 23

30

June 21, 2011

To: Commissioners Court

From: Sarah Stoddard, Sr. Project Manager

Through: Rodney Christian, Acting CIO

SUBJECT: Countywide Imaging ISheriff DMU (Data Management Unit)

BACKGROUND

The Sheriff's Department uses VisiFLOW to store images, fingerprints, the arrest reports, arraignment sheets and other documents pertaining to an arrest. VisiFLOW is an application that was implemented in 2002. It is used strictly as an "electronic file cabinet" to store documents that were scanned from 2002- Present.

OnBase Imaging System will replace the VisiFLOW imaging software. This will require new workstation licenses for OnBase and 2 high speed replacement scanners as the VisiFLOW scanners are not compatible with OnBase.

OPERATIONAL IMPACT

The replacement of the VisiFLOW application with OnBase will provide a stable, expandable and reliable form of technology to handle the volume of documents processed by the Sheriff Data Management Unit.

STRATEGIC PLAN COMPLIANCE The approval to purchase OnBase licenses and scanners for the Sheriff DMU is consistent with Strategy1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

LEGAL IMPACT

No legal impact.

31

FINANCIAL IMPACT The funding request is for purchasing:

• 30 OnBase Workstation Licenses - $16,249.00 • 2 OnBase High Speed Scanning Licenses - $3,611.00 • 2 Kodak High Speed Scanners- $33,592

This will be a total purchase price of $53,452.00. These funds are from the Sheriff's Federal Forfeiture. Account Number is 532.0000.2090.91002.

RECOMMENDATION

The Office of Information Technology recommends that the Commissioners Court approve the funding of $53,452.00 to implement this OnBase Project for the Sheriff Data Management Unit.

Recommended by:

Date:

To:

Through:

From:

Subject:

~2 \

""A L l" {' hi" '" fj '''> _ U ;-J, ,) (-"UUII! ! .,(

DALLAS COUNTY [Al/1'"qS(~ '''';;'' " '; ,,' ,

OFFICE OF INFORMATION TfFliJ~f*9fi: 27

June 9,2011

Conunissioners Court

Rodney Christian, Interim ChiefInformation Officer

Wayne Henderson, Network/Server Manager

Rational for Submitting Briefing and Court Order in the Same Week: Extension of Robert HaIl- Server Administrator

This Briefing and Court Order were submitted on the same day due hiring of contractor has been delayed.

509 Main St., 6th Fir, Dallas, Texas 75202 Work (214) 653-6341

----'---rodney.christian@dallascounty,org

Fax (214) 653-6327

33

Juue 21,2011


Through: Rodney Christian, Interim Chief Information Officer

From: Wayne Henderson, Network/Server Manager

Subject: Extended Funding for Personal Services Contract for Robert Hall

BACKGROUND On March 8,2011, the Commissioners Court approved the Personal Services Contract with ARC, Austin Ribbon + Computer for the services of Robert Hall as Server Administrator for the tasks of:

• Install and maintain hardware and OS for Dallas County server systems, including antivirus, service packs and patch updates.

• Work with data base administrators and other teelmical staff to as required to maintain the Dallas County server systems.

• Monitoring ClickRight and fixing tickets.

• Plan and schedule equipment installs, installing appropriate software, and verifying operational status.

• Perform Dallas County server audits and create documentation as requested, and system backups and recovery.

• Monitor and test system performance and provide performance statistics and reports.

• Work with server and senior server administrators on environments snch as Odyssey, OnBase, Blackberry, CAD, and other systems as needed.

The Office ofInformation is requesting the Commissioners Court to approve the extension from June 3,2011 through July 22,2011.

~-=----:--c-~. ~-=~~~~-.. _---509 Main St., 6th Floor, Dalias, Texas 75202 Rodney Christian, Interim CIO Work (214) 653-6341 Fax (214) 653-6327

34

IMPACT ON OPERATION The Office ofInformation Technology believes that the resource added value and needed assistance to the server team.

FINANCIAL IMPACT The maximum amount to be paid through this extension is $16,600 and not to exceed the amount. Funds are available in the Major Technology Funds.

LEGAL IMPACT Attached is Amendment No. 1 to the Personal Services Contract for Robert Hall. It has been reviewed and approved by the Dallas County District Attorney's Civil Division.

STRATEGIC PLAN COMPLIANCE The resources provided by the Personal Services Contracts will improve the customer experience by implementing standards of operation, ilmovation and technology.

RECOMMENDATION It is recommended that the Dallas County Commissioners Court authorize the term of the contract from March 14, 2011 through July 22, 2011 and the uot to exceed amount of

~OO.

( RecolLnended by:

A LL 'stian, Interim CIO

Attachments

35

t'I DALLi\S ::OU~HY

C@WW:I'l'!!! CGUin

DALLAS COUNTY PUBLIC WORKS

II JUN 15 PM 12: 39

June 15, 2011

MEMORANDUM:

TO:

FROM:

SUBJECT:

Commissioners Court

Alberta Blair, P.E., Director ofPublicW,rm1>

SAME DAY BRIEFING AND OURT () ER RATIONALE MASTER AGREEMENTS GING MAJOR CAPITAL IMPROVEMENT PROGRAM (MCIP) FOR THE CITY OF IRVING- DISTRICT 4

In order to proceed with scheduled project delivery for the MCIP Program, it is necessary for Dallas County to enter into the Master Agreement with the City of Irving-District 4. It is recommended that the Briefing and the Court Order be approved by the Commissioners Court on the same day.

mgt

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

June 15,2011

DALLAS COUNTY PUBLIC WORKS

MEMORANDUM

TO: Commissioners Court

FROM: Alberta Blair, P.E. Director of Public Works

36

ON FORMAL AGENDA

SUBJECT: MASTER AGREEMENTS GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM (MCIP) FOR THE CITY OF IRVING-DISTRICT 4

BACKGROUND In the past II years under the leadership of the Commissioners Court, the MCIP Transportation Plan has proven to be an effective progranuning tool in delivering projects for Dallas County cities. In times of rising prices, tight budgets and expanding transportation challenges, the added flexibility of MCIP has continually helped keep abreast of the changing transportation climate. Additionally, over these years the MCIP process has produced and developed relationships with partner cities, and agencies such as TxDOT, NCTCOG, NTTA, and DART. Dallas County has earned the trust to deliver projects, stimulate economic development, and serve as a valued partner by acting as lead coordinator in facilitating projects.

Dallas County Public Works implements the MCIP Program with the cities under a Master Agreement with each city as authorized by the Commissioners Court and the City Council. The usual agreement term is 10 years with most agreements requiring renewal in 2011 and later. Legislative changes over the past II years have also prompted Public Works to reissue master agreements with all participating cities to cover these changes.

The City of Irving has requested to proceed with Executing the MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM in order to meet the requirements of implementing the Master Agreement prior to Project Specific Agreements for each project selected. Agreements from the following cities, Rowlett, Desoto, Cedar Hill, Lancaster, Wilmer, Coppell, Grand Prairie, Sachse, Mesquite and Glenn Heights have been briefed through Commissioner Court and were approved. Agreements from the following cities Addison, Balch Springs, Carrollton, Cockrell Hill, Dallas, Duncanville, Farmers Branch, Garland, Grapevine, Highland Park, Hutchins, Lewisville, Richardson, Sunnyvale and Seagoville have been submitted to the cities for execution and are expected to be authorized by the Court in the near future.

FINANCIAL IMPACT By execution of the attached agreement, the Cities have agreed to participate on at least a fifty/fifty basis with Dallas County. The MASTER AGREEMENT specifies equal share of Standard Basic Infrastructure Design with city funding of amenities above and beyond the basic design. The MASTER AGREEMENT also covers areas and management of Extra Territorial Jurisdiction (ETJ) and Orphan Roads.

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

Commissioners Court Page Two

DALLAS COUNTY STRATEGIC PLAN

37

The attached agreement is consistent with the Dallas County Strategic Plan in that the project will result in infrastructure improvements which can be credited to the following:

Vision 1 Dallas County is a model interagency Partner

Vision 3 Dallas County is safe, secure and prepared

Vision 4 Dallas County proactively addresses critical regional issues

Vision 5 Dallas County is the destination of choice for residents and business

IMP ACT ON SCHEDULE AND OPERATIONS The MASTER AGREEMENT will clearly define County and City partnerships and roles. Once an MCIP project has been selected and approved by Commissioners Court a supplemental agreement will be implemented that will identify project specifics such as proposed alignment, scope, project teams and cost estimates. Additional, this MASTER AGREEMENT will serve as the mnbrella agreement for the 6th Call For Projects which is anticipated to be implemented in 2012 and selected in 2013.

RECOMMENDATION If the Commissioners Court concur, a Court Order will also be PLACED ON THE FORMAL AGENDA TODAY authorizing the County Judge to formally execute the attached MASTER AGREEMENT with the City ofIrving-District 4.

Approved By:

. --~.~

Attachments

mgt

411 Elm St., 4tll Floor Dallas, Texas 75202 (214)653-7151

38

DALLAS COUNTY ELECTIONS DEPARTMENT

June 21, 2011

To:

From:

Subject:

Commissioners Court

Toni Pippins-Poole, Interim Elections Administrator

HAVA, Program Income, Election Escrow and Chapter 19 Funded Election System Enhancements

BACKGROUND

On July 22,2003, Commissioners Court passed Court Order 2003-1292 authorizing the use of HAVA funds for replacement ofVotronic early voting touch screen voting devices to newer I-Votronic units, Subsequently, Commissioners Court passed Court Orders 2005-2153, 2006-1535,2006-1770 and 2008-0110 for various HAVA funded election system enhancements, The initial HAVA funding available to Dallas County was $13,515,875,17, To date, there is approximately $ 2,124,326,00 remaining in the HAVA grant fund, This funding will expire on December 31, 2011,

Other enhancements will be taken from available Program Income, Election Escrow and Chapter 19 funds,

For Phase VII, the Elections Department recommends the following areas for election enhancement:

Server Upgrade

The current servers utilized by the department will soon reach their "end of life," The servers are out of warranty and they do not have sufficient processing power and memory or the operating systems required to run new applications. The new server recommended by Dallas County IT and briefed in Commissioners' Court on June 14, 2011, will provide both increased memory and processing power to run the Voter Registration Management System, E-Poll book, Print Server, Domain Controllers and Oracle to their fullest The department will benefit from having a new, supported server platform that is more powerful, provides an added layer of redundancy and aligns with the County's Disaster Recovery plans,

Cost of server upgrade - $152,655,96

2377 N, Stemmons freeway, Ste, 820, Dallas, TX 75207 214-819-6300· fax 214-819-6301

39

Replace Dell Laptop Computers

In 2005 the Elections Department purchased 500 laptop computers to be used in polling places. In December of 2008, thirty-nine laptop computers were stolen. Replacement of laptop computers is necessary to ensure that each polling place has the adequate information to direct voting processes.

Cost of 39 laptop computers (with voter registration software) @ $1,323.68 = $51,623.52

Replace Call Center Help Desk /Inventory Tracking System

In 1998 the Elections Department purchased an election day help desk software module. The replacement of the existing paper-based system of tracking and solving problems with a solution that is completely Web-based, allowing the ability to manage election day tracking and dispatching issues within the system itself, thereby alleviating the need for most interoffice phone calls and personal visits to the desks of managers to report problems. This stream-lined process will provide the integration of information from polling locations, poll workers and voters. This system must contain a complete decision support system to guide phone operators with minimal experience to identify problems and their pre-determined solutions, resulting in 80% resolution on the first call. This will provide better efficiency and guarantee consistency when resolving issues throughout Election Day. This system will also allow for real-time reporting, document resolution, matching troubleshooters to problem types and system alerts. These alerts will prevent duplication of information and allow the automatic escalation of issues to the appropriate person as needed. This upgrade will produce a variety of reports, both during and after the election that provide comprehensive election management.

The existing tracking system can no longer satisfy current requirements and upgrading is not cost-effective because the system is already outmoded, and additional demands can't be accommodated with the existing system. The system will also ensure a more dependable inventory tracking system that is required by Sections 129.051, 129.052 of the Texas Election Code regarding Pre-election security procedures and the transportation of voting system equipment. This will allow for chain of custody management as required by state law; cuts in cost and improved service; tracking of election-related forms and supplies to prevent an overstock or shortage; increased accuracy of inventory; historical documentation of equipment usage, repairs and any problems/issues that have occurred with it; tracking the location of materials and status of equipment deliveries. The system can automatically match each item to a location. This will help to ensure that incorrect supplies or equipment are never handed out.

If the Call Center software and the Inventory Tracking System are purchased from the same vendor, they will be dynamically linked. When a call is received and the precinct is entered, the equipment at that site will automatically be populated and the history of that equipment will be available. In addition, creating a call center report about specific equipment would automatically generate a service ticket and write to the equipment's service history.

Estimated cost of Help Desk Software Licenses, Hardware, Support, Maintenance, Implementation, Training and On-Site Support - $299,000.00

Upgrade Central Count Equipment

In 2005 the Elections Department purchased the current equipment, which no longer meets standard requirements and is no longer under manufacturer warranty. The upgrade will meet important compliance replacements for the server and four master computers as well as the T-1 lines to work efficiently to modem in the M100 cards and IVotronic PES's on election night for

2

40

reporting results. It will replace outmoded programming computers needed to produce each election with proper Unity software. This upgrade will also replace an obsolete printer and Compact Flash DuplicatorlWriter for IVotronic flashcards as well as PCMCIA Omni Drives for transmitting results on election night.

Estimated Central Count Equipment upgrade cost - $126,816.56

Replacement of Voter Registration Election Management System

The current 13 year old technology is outdated. Current technology can account for various layers of election management. Replacing the Voter Registration Management System would enable the Elections Department to register and track voters, compile NVRA statistics, coordinate and pay poll workers and conduct early and absentee voting.

The Voter Registration side of the system would not only provide complete voter registration capabilities, but it would allow the department to work more diligently with Polling Place Management, Poll Worker Management and Payroll, Street Mapping, and Absentee Ballot by Mail, and be in compliance with the Secretary of State TEAM (Texas Election Administration Management System) and the MOVE Act. This new system will also automatically generate and track voter notices including rejection letters, confirmation cards, voter I D cards and election department employee's level of productivity. A new Voter Registration Management System would enable the Elections Department to have complete election office automation.

A new Early Voting module would include Early Voting in Person, Early Voting Electronic Poll book Software and Election Day, which would enable the department to instantly validate communications and reduce phone support. The module would streamline the qualification process, while providing enhanced security features, back up functions and auditing capabilities. The new early voting software would allow real-time information during voting, ultimately reducing lines at the polls.

Estimated cost of Election Management Software - $ 440,698.00 (Election Escrowl Chapter 19) Annual Maintenance - $116,234.00 (Election Escrow I Chapter 19)

Estimated cost of Early Voting and Poll Book - $ 402,250.00 (HAVA) Annual Maintenance - $90,000.00 (Election Escrow)

Voting Equipment Upgrade

In 2003 the Elections Department purchased 1,100 ea I-Votronic touch screen voting devices and in 2006 the Elections Department purchased an additional 200 ea I-Votronic touch screen voting devices. Recently, the department has had issues with the connectivity in many of these units which increases difficulties during an election. We have faced electrical malfunctions and broken booths due to repeated usage. If connectivity is interrupted, the voting process slows and more time is spent repairing the units. In order to have a more efficient voting process and cut down on the cost of maintenance, the Elections Department proposes the replacement of 100 voting booths.

Estimated cost of replacement of I-Votronic touch screen voting booths: 100 ea, @ $300.00 = $ 30,000.00

3

4 1

Warehouse Expansion

When the Elections Department purchased the current election system the department was informed that the space needed for storage and to conduct set up of election day equipment was 20,000 square feet. In 2008, additional square footage was added to the warehouse, making a current total of 30,000 square feet; however, with the growth of the system and the amount of equipment used in Dallas County, the space has become inadequate.

The Elections Department currently houses an election day phone bank and stores all of the early voting and election day voting equipment at the elections warehouse. The equipment was not initially included in the amount of space needed. In addition to storage, all early voting and election day equipment preparation is performed there. The current 30,000 square feet is insufficient for the work performed and amount of voting equipment housed there.

A resolution for this situation would be to build an additional 20,000 square foot building that would house all of the early voting equipment and the preparation of such. The early voting equipment consists of 175 work-stations, 200 ADA units and 1,500 iVotronics, which take up 5000 sq. ft. of storage space. The additional space would allow adequate space for the preparation of the Early Voting and Election Day equipment.

Estimated cost of Warehouse Expansion $ 600,000.00

Update SOE On-Line Training

In November 2005, Commissioners Court approved Court Order 2005-2153, which approved the purchase of poll worker training/tutorial software. This on-line training program allows judges and clerks to have 24/7 accessibility to elections training. The 82nd Legislative Session has passed several laws that change election procedures. These new laws will have to be addressed and will affect many areas of the Election Department's on-line training.

The estimated cost of On-line Training Update is $15,000.00

ESC (Election Supply Carts)

Currently the Elections Department requires election judges to pick up most of their supplies, while other equipment is delivered to the polling locations. In an effort to streamline the delivery of election day equipment the ESC (Elections Supply Cart) will consolidate this process. Consolidation of voting equipment and election judge supplies will allow for a more efficient and secure delivery of all precinct specific election equipment and supplies.

Estimated cost of 300 ESC @ $ 1,900.00 ea = $ 570,000.00

SCHEDULE

Subject to approval, it is recommended that the purchase and implementation of the election enhancements begin as soon as possible. The target election for the election enhancements is the November 2011 General Election.

4

42

LEGAL

The HAVA grant award authorizes the funds available to Dallas County to be spent on voting system replacement, voting system accessibility and general HAVA compliance, as long as the expenditures are in compliance with the agreement.

FINANCIAL IMPACT

Recommended Enhancements:

Server upgrade Dell laptop computers Call Center Help Desk / Inventory Tracking System Central Count Equipment Voter Registration Management System

Election Management Software

Annual Maintenance

Early Voting & Pollbook Annual Maintenance

I-Votronic Voting Booths Warehouse Expansion SOE On-Line Training ESC (Election Supply Carts)

$152,655.96 HAVA $51,623.52 Program Income

$299,000.00 HAVA / Program Income $126,816.56 HAVA

$440,698.00 Election Escrow (94036) - 30 % / Chapter 19 - 70%

$116,234.00 Election Escrow (94036) - 30 % / Chapter 19 - 70%

$402,250.00 HAVA $90,000.00 Election Escrow (94036) $30,000.00 HAVA

$600,000.00 HAVA $15,000.00 HAVA

$570,000.00 HAVA

There are sufficient Program Income, Election Escrow, Chapter 19, and HAVA grant funds available to purchase the above requested items. HAVA grant funds are reimbursement funds.

STRATEGIC PLAN COMPLIANCE

Approval of the above listed election enhancements are in compliance with the County's Strategic Plan, Vision 1, Strategy 1.4 "because proficiencies in processes and customer focused systems will allow the county to better serve its taxpayers/voters/citizens.

RECOMMENDATION

It is recommended that the Dallas County Commissioners' Court approve the above listed areas for election enhancement.

Toni Pippins-P Ie, Interim Elections Administrator

5

43

DALLAS COUNTY OFFICE OF HOMELAND SECURITY & EMERGENCY MANAGEMENT

June 13, 2011


FROM: Lisa Chambers ;;;J.-L-Director of Homeland Security and Emergency Management

SUBJECT: FY10 Urban Area Security Initiative (UASI) Project Change

BACKGROUND -; . In FY10 UASI, Dallas County was funded for a Dallas County/Multi-Jurisdictional Planner Enhancement Project for $161 ,921.32. The Office of Homeland Security and Emergency Management requests these funds be used for complete enhancement projects within the department. Currently we have two certified Continuity of Operations Program Managers on staff that will continue to train and prepare Dallas County on its current COOP project. FY10 UASI grant deadline date is July 31,2012.

The Office of Homeland Security and Emergency Management has received endorsement and approval from the three UASI Principal Point of Contacts, the North Central Texas Council of Governments and the State Administrative Agent (SM) to reallocate these funds to complete enhancements for Dallas County Office of Homeland Security and Emergency Management projects.

OPERATIONAL IMPACT

The funds will enable the HSEM to purchase equipment to be used in the Emergency Operations Center (EOC) and in the field during an inCident; such as:

• Mass Notifications System to be used for alerting County employees and those citizens within the unincorporated areas of Dallas County of severe weather, building closures, and any other emergency notifications necessary to .keep employees and citizens safe within Dallas County;

• Desktop computers (12) for Operations Center; • EOC and Conference room projector system update and setup; • Dallas County CERT program funds would be allocated to enhance and sustain our Citizen

Corps/Community Emergency Response Team program. In addition, provide funds for training and conducting exercises.

FINANCIAL IMPACT

There is no anticipated additional cost to Dallas County.

RECOMMENDATION

Approve remaining funds be used to enhance the County's EOC and other program needs.

509 Main Street, Suite 305, Dallas Texas 75202-3340 (214) 653-7980 • Fax (214) 653-7988 • LJ:;;,,;.GllL,r[lt"~f~aM;'![!';i!;{;;:"mtY·Qm

1

44

Dallas County II JUN 15 PIH2: i I Department of Criminal Justice

MEMORANDUM

Date: June 15, 2011


From: Ron Stretcher, Director of Criminal Justice

Re: FY 2011 Justice Assistance Grant

BACKGROUND The Edward Byrne Memorial Justice Assistance Grant (JAG) is the primary vehicle for providing federal criminal justice funding to state and local jurisdictions. JAG funds can be used for a wide range of activities to improve the criminal justice system. JAG funds are allocated to local jurisdictions based on a formula that includes reported crime statistics. The JAG program also includes a provision for "disparate" allocations, where cities receive a much larger allocation than a county, although the county is responsible for the costs of prosecution and incarceration for the cities. That is the case in Dallas County. The JAG program allows the county and cities with disparate allocations to enter into an agreement to transfer a portion of the funding to the county. Historically, in Dallas County, jurisdictions receiving JAG funding transfer 30% of their allocation to Dallas County. The purpose of this briefing is to request Commissioners Court approval of the funds sharing agreement and acceptance of Dallas County's disparate allocation of $393,168.20 for the FY 2011 JAG program.

OPERATIONAL IMPACT For the past ten years, most of the JAG funding (and the prior LLEBG program) has been allocated to support various criminal justice information system initiatives. Projects have included the purchase of computers for the District Attorney's office, development of the Adult Information System (AIS), deployment of the Dallas County Incident Module (DCIM), and development of the regional Juvenile Information System (JIS) and Juvenile Case Management System (JCMS). Dallas County's recent JAG funding is as follows:

• FY 2008 $181,968.43 • FY 2009 $611,957.21 • FY 2010 $533,130.78 • FY 2011 $393,168.20

It is recommended that the focus of the FY 2011 JAG funds remain on the development and implementation of criminal justice information systems.

The FY 2011 JAG funding will also allow continued support for the activities of the Criminal Justice Advisory Board (CJAB). This initiative brings together key stakeholders from the Dallas County criminal justice system. The work of the CJAB is accomplished through eight working committees. Starting with the FY 2009 funding, the salary and fringe benefits for the CJAB Coordinator has been included in the JAG grant. Staff will continue to enhance and accelerate

45

positive accomplishments from the CJAB. Specific support is still needed in the following general areas:

o Logistics for the CJAB and its committees - schedule meetings, publish minutes, recruit members as needed for specific issues, provide data and other support

$ Research issues identified by the committees to provide needed data, review best practices, determine how other counties respond to specific issues

o Maintain and provide updates as needed for the CJAB page on the Dallas County website

* Research funding opportunities and coordinate funding requests for priorities established by the CJAB

LEGAL IMPACT The City of Dallas is the lead agency for the JAG and is responsible for preparing the application and a "Funds Sharing and Fiscal Agency Agreement" among all partiCipating agencies. City of Dallas staff is preparing the application and agreement for submission by the July 21, 2011 deadline. Attached is the Funds Sharing and Fiscal Agency Agreement for the FY 2010 JAG program. It is anticipated that the agreement for FY 2011 will be substantially the same.

Due to the short time frame for completing the JAG application, Commissioners Court is asked to approve the "Funds Sharing and Fiscal Agency Agreement" pending review by the Civil Division of the District Attorney's office once it is received. The application will also be provided to the Court once it is completed by the City of Dallas.

FINANCIAL IMPACT Dallas County jurisdictions received a total FY 2011 allocation of $1,409,205.00. The City of Dallas retains 7% of the funding for administrative costs. Dallas County's net allocation for FY 2011 is $393,168.20. FY 2011 JAG funding will be allocated as follows:

$ 78,591.10- CJAB Coordinator salary and fringes $314,577.10 - Criminal Justice Information Systems

STRATEGIC PLAN COMPLIANCE The allocation of FY 2011 JAG funds to Dallas County is consistent with the following vision and strategy: Vision 3: Dallas County is Safe, Secured and Prepared; Strategy 3.4: Maximize Effectiveness of Dallas County Criminal Justice Resources.

RECOMMENDATION

It is recommended that the Commissioners Court of Dallas County approve Dallas County's participation in the 2011 Byrne Justice Assistance Grant (JAG) and authorizes the City of Dallas to submit an application on behalf of Dallas County. It is also recommended that the Commissioners Court of Dallas County authorize the County Judge to sign the "Funds Sharing and Fiscal Agency Agreement" upon review and approval by the Civil Division of the District Attorney's office once it is received and all other documents related to the application and award of the FY 2011 JAG program.

Recommended by: Ron Stretcher, Director of Criminal Justice

2

46

GMS Application # 2010·H5426· TX·DJ 2010 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM

FUNDS SHARING AND FISCAL AGENCY AGREEMENT

THIS AGREEMENT (the "Agreement"), is made and entered into by and between the following parties:

The County of Dallas, Texas (the "County") located at County Administration Building, 2nd Floor, 411 Elm Street, Dallas, Texas 75202, a corporate and political body recognized as a legal subdivision of the State of Texas pursuant to Article XI, Section 1 of the Texas Constitution; and

The Town of Addison, Texas ("Addison"), located at Town Hall, 5300 Belt Line Road, Dallas, Texas 75254, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Balch Springs, Texas ("Balch Springs"), located at City Hall, 3117 Hickory Tree Road, Balch Springs, Texas 75180, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Carrollton, Texas ("Carrollton"), located at City Hall, 1945 East Jackson Road, Carrollton, Texas 75006, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Cedar Hill, ("Cedar Hill"), located at City Hall, 285 Uptown Boulevard, Building 100, Cedar Hill, TX 75104, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Dallas, Texas ("Dallas"). located at City Hall, Room 7DN, 1500 Marilla Street, Dallas, Texas 75201. a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of DeSoto, Texas ("DeSoto"). located at City Hall, 211 East Pleasant Run Road, Suite A. DeSoto, Texas 75115, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Duncanville, Texas ("Duncanville"), located at City Hall, 203 East Wheatland Road, Duncanville, Texas 75138. a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

GMS Application # 2010-H5426-TX-DJ EDW ARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS SHARING AND FISCAL AGENCY AGREEMENT Page I

47

The City of Garland, Texas ("Garland"), located at City Hall, 200 North Fifth Street, 4th Floor, Garland, Texas 75046, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Grand Prairie, Texas ("Grand Prairie"), located at City Hall, 317 College Street, Grand Prairie, Texas 75050, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Irving, Texas ("Irving"), located at City Hall, 825 West Irving Boulevard, Irving, Texas 75060, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Lancaster, Texas ("Lancaster"), located at City Hall, 211 North Henry Street, Lancaster, Texas 75134, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Mesquite, Texas ("Mesquite"), located at City Hall, 1515 North Galloway Avenue, Mesquite, Texas 75149, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and

The City of Richardson, Texas ("Richardson"), located at City Hall, 411 West Arapaho, Richardson, Texas 75080, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution,

The aforementioned Town and Cities shall be referred to collectively in this Agreement as the "Cities,"

WIT N E SSE T H:

WHEREAS, Part E of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Edward Byrne Memorial Justice Assistance Grant Program (the "JAG Program") authorize the Department of Justice's Bureau of Justice Assistance (the "BJA") to make funds (the "JAG Funds") available to units of local government in order to support a broad range of activities to prevent and control crime and to improve the criminal justice system; and

WHEREAS, the County and the Cities are eligible for 2010 JAG Program Funds and have been certified by the BJ A as a disparate jurisdiction; and

WHEREAS, for the purposes of simplifying the application process, the JAG Program permits the chief executive officer of one of the eligible units of local government in the disparate jurisdiction to submit a joint application for JAG Funds on behalf of the other eligible

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units of local governments within that jurisdiction and to act as the fiscal agent for those local governments in administering the JAG Funds; and

WHEREAS. certified disparate jurisdictions must reach an agreement regarding the sharing of JAG Funds prior to submission of the JAG Program application; and

WHEREAS, the County and the Cities agree and acknowledge that as a certified disparate jurisdiction. they must reach an agreement regarding the sharing of JAG Funds prior to submitting a JAG application with the BJ A; and

WHEREAS, the County and the Cities hereby agree to name a fiscal agent to administer and distribute the JAG Funds and to designate a share of each jurisdiction's JAG Funds for administrative costs to be paid to the fiscal agent named below, prior to submission of the joint application for JAG Funds to the BJA; and

WHEREAS, the County and the Cities wish to name Dallas as the fiscal agent to administer and distribute the JAG Funds pursuant to the JAG Program; and

WHEREAS, a unit of local government may transfer up to ten percent (10%) of its allocation of JAG Funds for costs associated with administering the JAG Funds to the fiscal agent; and

WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of the parties, that the undertaking will benefit the public. and that the share of the JAG Funds to each jurisdiction fairly compensates the parties for their respective functions under this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and obligations herein. the parties agree as follows:

SECTION 1. PURPOSE

This Agreement shall set forth the following: (A) the nature of the relationship between the County and the Cities and Dallas as fiscal agent for the County and the Cities; (B) the parties' reporting, legal. and audit obligations; (C) the amount of JAG Funds initially allocated by the BJA to the County and the Cities (the "Initial Allocations"); (D) the amount of the Initial Allocations of the JAG Funds to be transferred from the Cities to the County; (E) the allocation of JAG Funds for each jurisdiction after the transfer of a portion of the Initial Allocations of JAG Funds from the Cities to the County (the "Adjusted Allocations"); (F) the amount of the grant administration fees to be paid to Dallas as the fiscal agent for both the County and the Cities; (G) the allocation of JAG Funds for the County and the Cities after the grant administration fee has

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been deducted from the Adjusted Allocations (the "Final Allocations"); and (H) other rights and responsibilities of Dallas, the County, and the Cities with regard to Dallas' application for, administration of, and distribution of the JAG Funds on behalf of the County and the Cities.

SECTION 2. FISCAL AGENT

A. Dallas as Fiscal Agent. The County and the Cities do hereby agree that Dallas shall act as the fiscal agent for purposes of applying for, administering, and distributing the JAG Funds on behalf of both the County and the Cities. In consideration for Dallas acting as the fiscal agent for purposes of the JAG Program, the County and the Cities each agree to pay Dallas seven percent (7%) of their Adjusted Allocations for costs associated with administering the JAG Funds. Dallas further agrees to prioritize the expenditure of the grant administration fees to include the following activities: distributing the JAG Funds, monitoring the award, submitting reports to the BJA (including performance measures and program assessment data), and providing ongoing assistance to the County and the Cities as sub-recipients of the JAG Funds.

B. No Additional Funds. The County and the Cities agree that Dallas has no obligation to provide funds to the County and the Cities from any source other than the JAG Program and in any amount other than the Final Allocation of JAG Funds for each party as set forth in this Agreement regardless of whether the JAG Funds are sufficient to fully accomplish the priorities set forth in Section 2.A above. In the event a portion of the JAG grant administration fee remains upon completion of the project set forth in this Agreement, as determined by Dallas, Dallas may expend such funds on other eligible projects under the JAG Program at Dallas's sole discretion.

SECTION 3. REPORTING, LEGAL, AND AUDIT REQUIREMENTS

A. Reports.

(1) Ouarterly Reports. The County and the Cities agree to provide Dallas with quarterly financial and programming reports no later than eighteen (18) days after the last day of the calendar quarter that demonstrate the appropriate use and management of the JAG Funds in conformance with the JAG Program and the BJA guidelines.

(2) Annual Reports. The County and the Cities agree to provide Dallas with yearly performance reports in conformance with the JAG Program and the BJA guidelines.

B. Legal Requirements. The County and the Cities agree to act in accordance with all Office of Justice Programs financial guidelines and all of the requirements of the JAG

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Program guidance, including but not limited to: Non-Supplanting of State and Local Funds; Civil Rights Compliance; Anti-Lobbying Act; Financial and Government Audit Requirements, includes Single Audit Act Requirements; National Environmental Policy Act (NEPA); DOJ Information Technology Standards; Compliance with Office of Justice Programs Financial Guide; and Government Performance and Results Act (GPRA); Federal Funding Accountability and Transparency Act (FFATA) of 2006.

C. Audit Requirements. The County and the Cities shall maintain records to demonstrate proper expenditure of JAG Program Funds and Dallas, as fiscal agent, has the right to review and audit any and all of such financial and programming records. The County and the Cities shall retain all such records for a minimum of three (3) years following completion of this Agreement. The County and the Cities must require that any of its contractors, subcontractors, vendors, or partner agencies allow Dallas to review and audit their fmancial records pertaining to any contracts they may have with the County or the Cities utilizing JAG Funds.

SECTION 4. INITIAL ALLOCATIONS

For 2010, the BJA has determined the Initial Allocations of JAG Funds for the parties to this Agreement as follows:

THE COUNTY $0.00

ADDISON $12,082.00

BALCH SPRINGS $18,922.00

CARROLLTON $28,216.00

CEDAR HILL $12,751.00

DALLAS $1,476,810.00

DESOTO $16,022.00

DUNCANVILLE $14,164.00

GARLAND $78,513.00

GRAND PRAIRIE $61,078.00

IRVING $85,539.00

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LANCASTER $18,996.00

MESQUITE $58,179.00

RICHARDSON $29,591.00

TOTAL $1,910,863.00

SECTION 5. AMOUNT OF INITIAL ALLOCATIONS TO BE TRANSFERRED FROM THE CITIES TO THE COUNTY

The Cities shall transfer a portion of their Initial Allocations of JAG Funds to the County pursuant to this Agreement as follows:

THE COUNTY $0.00

ADDISON $3,624.60




DALLAS $443,043.00

DESOTO $4,806.60


GARLAND $23,553.90


IRVING $25,661.70

LANCASTER $5,698.80

MESQUITE $17,453.70

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TOTAL $573,258.90

SECTION 6. ADJUSTED ALLOCATIONS

After the transfer of a portion of the Cities' Initial Allocations of JAG Funds to the County, the County and the Cities' Adjusted Allocations of JAG Funds are as follows:

THE COUNTY $573,258.90

ADDISON $8,457.40




DALLAS $1,033,767.00

DESOTO $11,215.40


GARLAND $54,959.10


IRVING $59,877.30


MESQUITE $40,725.30

RICHARDSON $20,713,70

TOTAL $1,910,863.00

SECTION 7. FISCAL AGENT GRANT ADMINISTRATION FEES

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The County and the Cities agree to transfer grant administration fees equal to seven percent (7%) of each party's Adjusted Allocation of JAG Funds to Dallas, as fiscal agent for the County and the Cities as follows:


ADDISON $592.02

BALCH SPRlNGS $927.18


CEDAR HILL $624.80

DALLAS $72,363.69

DESOTO $785.08

DUNCANVILLE $694.04

GARLAND $3,847.14


IRVING $4,191.41

LANCASTER $930.80

MESQUITE $2,850.77


TOTAL $133,760.41

SECTION 8. FINAL ALLOCATIONS

The Final Allocations of JAG Funds are the Initial Allocations (1) less the transfer of a portion of the Cities' Initial Allocations of JAG Funds to the County, which are the Adjusted Allocations and (2) less the transfer of the grant administration fees of seven percent (7%) of the

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Adjusted Allocations to Dallas. Each jurisdiction shall include in its JAG Program application the following Final Allocations of JAG Funds:


ADDISON $7,865.38




DALLAS $1,095,163.72

DESOTO $10,430.32


GARLAND $51,111.96


IRVING $55,685.89


MESQUITE $37,874.53

RICHARDSON $19.263.74

TOTAL $1,910,863.00

SECTION 9. APPLICATION OF COUNTY FUNDS

The County agrees to prioritize the expenditure of its Final Allocation of Five Hundred Thirty-Three Thousand One Hundred Thirty Dollars and Seventy-Eight Cents ($533,130.78) to continue the development and implementation of improvements to the criminal justice system. The Cities agree that the County has no obligation to provide any additional funds under this Agreement, even if the 2010 JAG Funds are insufficient to fully develop or implement the County's chosen improvements to the criminal justice system. In the event any JAG Funds

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remain upon completion of the development and implementation of improvements to the criminal justice, the County may expend such funds on other eligible projects under the grant at the County's discretion, subject to the approval of the BJA, as required under the JAG Program.

SECTION 10. TERM

The term of this Agreement shall begin on the date the last signature of either the County or the Cities authorizing approving this Agreement is obtained and shall terminate upon final expenditure of the funds in accordance with the JAG Program.

SECTION 11. AGENCY

The County and the Cities agree and acknowledge that each entity is not an agent of any other entity and that each entity is responsible for its acts, forbearance, negligence, and deeds and each entity is responsible for those acts, forbearance, negligence, and deeds of its agents or employees in conjunction with performance under this Agreement.

SECTION 12. INDEMNIFICATION

The County agrees to be responsible for any liability or damages the County may suffer as a result of claims, demands, costs, or judgments, including all reasonable attorneys' fees, against the County arising out of any performance under this Agreement, or arising from any accident, injury, or damage, whatsoever, to any persons, or to the property of any persons or corporations occurring during the performance of this Agreement and caused by the sole negligence of the County, its agents, officers and employees.

Each City made a party to this Agreement agrees to be responsible for any liability or damages it may suffer as a result of claims, demands, costs, or judgments, including any reasonable attorneys' fees, against that respective City, arising out of any performance under this Agreement, or arising out of the performance of any services to be provided under this Agreement, or arising from any accident, injury, or damage, whatsoever, to 'any persons, or to the property of any persons or corporations occurring during the performance of the Agreement and caused by the sole negligence of that respective City, their agents, officers, and employees.

The Cities and County agree that any liability or damages as stated above occurring during the performance of this Agreement caused by the joint or comparative negligence of their employees or officers shall be determined in accordance with comparative responsibility laws of the State of Texas. '

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SECTION 13. FORMAL APPROVAL

This Agreement is expressly subject to and contingent upon formal approval by the governing bodies of the County and the Cities.

SECTION 14. NO TillRD-PARTY BENEFICIARY ENFORCEMENT

It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and any right of action relating to such enforcement shall be strictly reserved to the Cities and the County and nothing contained in this Agreement shall be construed to create any rights for any third parties .

. SECTION 15. NON-ASSIGNMENT

The parties shall not sell, assign, transfer, or convey this Agreement, in whole or in part, without the prior written consent of the parties.

SECTION 16. RESPONSIBILITY

Dallas, the County, and the Cities shall each be responsible for the sole negligent acts of their officers, agents, employees, or separate contractors. In the event of joint and concurrent negligence of the parties to this agreement, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the parties under Texas law and without waiving any defenses of the parties under Texas law.

SECTION 17. NOTICE

Any notice, payment, statement, communication, report, or demand required or permitted to be given under this Agreement by any party to the another may be effected by personal delivery in writing or deposited in the U.S. mail by certified letter, return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing.

To the County:

GMS Application # 201 O-H5426-TX-DJ

Director of Criminal Justice, Ron Stretcher Dallas County - Administration Building

EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS SHARING AND FISCAL AGENCY AGREEMENT Page II

To Addison:

To Balch Springs:

To Carrollton:

To Cedar Hill:

To Dallas:

To DeSoto:

To Duncanville:

To Garland:

GMS Application # 20 I O-H5426-TX-DJ

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411 Elm Street, 2nd Floor Dallas, Texas 75202

Chief of Police, Ron Davis Addison Police Department 4799 Airport Parkway Addison, Texas 75001

Chief of Police, Ed Morris Balch Springs Police Department 12500 Elam Road Balch Springs, Texas 75180

Chief of Police, Rex Redden Carrollton Police Department 2025 East Jackson Road Carrollton, Texas 75006

Chief of Police, Stephen Rhodes Cedar Hill Police Department 285 Uptown Boulevard, Building 200 Cedar Hill, Texas 75104

Chief of Police, David Brown Dallas Police Department 1400 South Lamar Street Dallas, Texas 75215

Chief of Police, W.M. Brodnax DeSoto Police Department 714 East Belt Line Road DeSoto, Texas 75115

Chief of Police, Robert Brown Duncanville Police Department P.O. Box 380280 Duncanville, Texas 75138

Chief of Police, Mitch Bates Garland Police Department 1891 Forest Lane Garland, Texas 75042

EDW ARD BYRt'lE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS SHARING AND FISCAL AGENCY AGREEMENT Page 12

To Grand Prairie:

To Irving:

To Lancaster:

To Mesquite:

To Richardson:

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Chief of Police, Glen Hill Grand Prairie Police Department 1525 Arkansas Lane Grand Prairie, Texas 75052

Chief of Police, Larry Boyd Irving Police Department P. O. Box 152288 Irving, Texas 75015

Chief of Police, Keith L. Humphrey Lancaster Police Department 1650 North Dallas Avenue Lancaster, Texas 75134

Chief of Police, Derek Rohde Mesquite Police Department 777 N. Galloway Avenue Mesquite, Texas 75149

Chief of Police, Jimmy L. Spivey Richardson Police Department P.O. Box 831078 Richardson, Texas 75083

SECTION 18. GOVERNING LAW AND VENUE

The obligations of the parties to this Agreement shall be performed in Dallas County, Texas, and venue for any legal action under this Agreement shall lie exclusively in Dallas County, Texas. In construing this Agreement, the laws and court decisions of the State of Texas shall control.

SECTION 19. LEGAL CONSTRUCTION

In the case that anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.

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SECTION 20. COUNTERPARTS

This Agreement may be executed in any number of counterparts. each of which shall be deemed an original and constitute one and the same instrument.

SECTION 21. CAPTIONS

The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement.

SECTION 22. AMENDMENTS; ENTIRE AGREEMENT

This Agreement (with ?ll referenced exhibits. attachments. and provisions incorporated by reference) embodies the entire agreement of both parties. superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Agreement. This Agreement may be modified or amended only by written agreement of the parties. to be attached to and made a part of this Agreement.

IN WITNESS WHEREOF, by their signatures hereon each of the undersigned represents and warrants that they are the duly authorized agents of each entity and have full right and authority to enter into this Agreement. This Agreement is to be effective upon the signature of both County and the Cities.

[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

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DALLAS COUNTY

CRAIG WATKINS DISTRICT ATTORNEY CIVIL SECTION

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BRIEF AND COURT ORDER ON SAME DAY

MEMORANDUM

TO:

FROM:

DATE:

RE:

Commissioners Court

Grant Hngh Brenna ~.e{\ 'h Deputy Chief, Civil Division l:}\/

June 15,2011

Rationale for Briefing and Court Order on the Same Day

We request that the attached items be considered on both the formal aod briefing agenda for Tuesday, June 21 , 2011, in order to expedite the process bringing in outside counsel.

Administration Building 411 Elm Street 5th Floor Dallas, Texas 75202 214/653-7358 Fax 214/653-6134

TO:

FROM:

DATE:

RE:

PURPOSE:

CRAIG WATKINS CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION DALLAS COUNTY, TEXAS

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Darryl Martin, Court Administrator Commissioners Court

-, II Gordon Hike! C:; ~I(J' Assistant District Attorney

June 15,2011

Attorney Fee Contracts

The purpose of this memorandum is to seek authority to enter into attorney fee contracts between (1) Dallas County and Kevin Brooks and (2) Dallas County and Friedman & Feigel', LLP.

BACKGROUND:

The Dallas County Auditor's office conducted an investigation of the Dallas County Constable's Offices related to the service of civil papers. As a result of the investigation, several disciplinary actions have been taken. Additionally, the Dallas County District Attorney's Office may seek to criminally prosecute some of the deputy constables that have been found to have engaged in criminal acts.

Due to the volume and nature of the civil and criminal litigation that will likely follow, Dallas County seeks to enter into attorney fee contracts with the firm of Fricdman & Feiger, LLP for any civil litigation and Kevin M. Brooks for any criminal prosecutions.

RECOMMENDATION:

The Civil Division of the Dallas County Criminal District Attorney's Office recommends that the Commissioners Court enter into attorney fee contracts between (1) Dallas County and Kevin Brooks and (2) Dallas County and Friedman & Feiger, LLP.

Administration Building 411 Elm Street 5th Floor Dallas, Texas 75202 214/653-7358 Fax 214/653-6134 08-000175

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DALLAS COUNTY PURCHASING DEPARTMENT

June 21. 2011


THROUGH: Linda S. Boles, Purchasing Ag'f~b FROM: Gloria Torres, Senior Buyer

SUBJECT: IFS EQUIPMENT TRADE-IN

Background In 2002, the Institute of Forensic Science purchased a Scanning Electron Microscope (SEM/EDS) manufactured by FEl, Inc. The microscope is used to chemically identify gunshot residue particles from samples collected from the hands of individuals suspected of having fired a gun. The microscope is operated by a high end computer which has become inoperable and determined unrepairable. The purpose of this briefing is to recommend a procurement process for the trade-in/replacement of a computer, software upgrade and maintenance for this system.

Operational Impact The SEM/EDS is capable of qualitative and quantitative analysis of gunshot primer residue. The system is used 2417/365 for automated analysis of gunshot primer residues and often runs unattended over extended periods of time such as over weekends for the analysis of primer gunshot residue stubs.

FEI has determined that the computer is unrepairable due to a failure ofthe circuit board. The computer is used for instrument control, image processing, and data analysis. Since the computer has failed, FEl has offered a credit of$37,686 to be applied upon return of the defective computer. The platform includes both hardware and software that are proprietary to the FEI microscope.

Financial Impact CJD grant funding is available in the department's FYI] operating budget (466.0.44lO.2009.0.0.0300). The total cost is $60,124.50, with a return credit of $37,686, which will be applied upon receipt of the defective computer.

509 Main Street, Suite 623, Dallas Texas 75202-3340 (214) 653-6498. Fax (214) 653-7449. [email protected]

63

Legal Impact Exemptions to the competitive procurement process must be approved by Commissioners Court, The exemption for this purchase is provided under Local Government Code Chapter 262,024(a)(7)(A) as a sole source purchase where competition is precluded, In addition and in accordance with LGC Subchapter 263,152 (a) (2) "Disposition", the Commissioners Court may offer property as a trade-in for new property of the same or general type ifthe commissioners court considers that action to be in the best interest of the county,

Strategic Plan Compliance This action complies with Vision 2 of the County's Strategic Plan - Dallas County is a healthy community,

Summary In accordance with LGC 262,024 (a) (7) (A) and 263,152 (a) (2), the Institute of Forensic Science and the Purchasing Department recommend the Court approve a discretionary exemption to the competitive procurement process and the trade-in/replacement of a computer (component of property number #93265), software upgrade and annual maintenance related to the department's Scanning Electron Microscope (SEM/EDS) from FEI, Inc,

Should the Court concur with this recommendation an award Court Order will be scheduled for the next available court session,

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DALLAS COUNTY PURCHASING DEPARTMENT

June 21, 2011


THROUGH: Linda S. Boles, Purchasing Ag,:~ FROM: Debra Morris, Buyer

SUBJECT: Award Recommendation - Onsite/ Online Training of Dallas County Fire Rescue Fire Department Volunteers (Bid No. 2011-071-5566)

Background/Issue On May 16,2011, the Purchasing Department received and opened two (2) responses to the aforemeutioned solicitation from the following firms: North Texas Fire Academy and Iowa College Acquisition Corp. dba Kaplan Continuing Education. The purpose of this briefing is to make a recommendation of award to the overall lowest and best bidder meeting Dallas County's minimum bid specification requirements.

Operational Impact The contract requires the awarded vendor to provide training courses, on-site drills, materials, and skills testing to thirty-two Dallas County Fire Department Volunteers for the purpose of obtaining State of Texas Firefighter/EMT certifications. To avoid scheduling conflicts and/or training issues, the bid was structured to require the vendors to provide both on-line and classroom type training courses. This requirement allows the participants to change the manner in which they receive the course training without losing any time and/or credits. In addition, the vendors are required to submit, with their bid, copies of their Texas Commission on Fire Protection certificates for all instructors that will teach and administer skills to the volunteers. Both bidders failed to include required certificates with their proposals. As a result, on May 24,2011, the Purchasing Department briefed the court requesting approval to allow the bidders to submit the missing documentation.

The proposal submitted by Iowa College Acquisition Corp. dba Kaplan Continuing Education Technique Data Systems, Inc. (overall low bidder) offered on-line training courses only. The vendor's pricing does not include nor do they offer the required class room training, on-site drills, materials and skills testing that is required to meet/achieve the State of Texas Commission Firefighter/EMT requirements. In addition, none of their instructors have a Texas Commission on Fire Protection certification.

The second lowest bidder, North Texas Fire Academy, submitted the Texas Commission on Fire Protection certificates for their instructors and met all the requirements as set forth in the bid.

In accordance with Chapter 176 of the Texas Local Government Code, all firms are to complete and have on file a Conflict ofInterest Questionnaire. The form submitted by North Texas Fire Academy reflects that the coowner, Mr. Michael Simmons, works for Dallas County as the Assistant Fire Marshal. Mr. Simmons states in the questionnaire that the company is managed by his 2 sons and wife.

The solicitation was posted on the Purchasing Department's website and notification letters were sent to fifteen potential vendors. In conducting due diligence, staff contacted some oftbe none responding vendors to learn that either they were not interest in bidding or that they could not meet the requirements as set forth.

As of result, the Purchasing Department, in conjunction with the County Fire Marshal, is recommending that the bid be awarded to the lowest and best bidder, North Texas Fire Academy.

509 Main Street, 6m Floor, Suite 623, Dallas Texas 75202-3340 (214) 653-7933. Pax (214) 653-7878. [email protected]

65

Financial Impact Dallas County will incur expenditures of approximately $94,400 by awarding Bid No, 2011-071-5566 to North Texas Fire Academy. Funding for this contract is provided from FY 2010 Assistance to Firefighters, Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DRS).

Legal Impact In accordance with County policy, a letter has been sent to Iowa Acquisition Corp. dba Kaplan Continuing Education infonning them of staff recommendation to award Bid No. 2011-071-5566 to the lowest and best bidder.

Strategic Plan Compliance This action complies with Vision 3 of the County's Strategic Plan - Dallas County is safe, secure, and prepared.

Recommendation The Purchasing Department, with the concurrence of the County Fire marshal, recommends Bid No. 211-071-5566 Onsite I Online Training of Dallas County Fire Rescue Fire Dep31iment Volunteers be awarded to North Texas Fire Academy., the lowest and best bidder meeting Dallas County's minimum specification requirements.

Should the Court concur the aforementioned recommendation, a Court Order will be scheduled for the next available Fonnal Agenda.

66

DALLAS COUNTY OFFICE OF BUDGET AND EVALUA nON

June 14, 2011


THROUGH: Ryan Brown,~@; FROM: Office of Budget and Evaluation Staff

SUBJECT: Conference/Travel/Training Requests

The following departments have requested approval for Couference/Travel/Training. Additional documentation is available for further reference.

Elected Officials/Departments notifying Commissioners Court of Conference/Travel/Training fund reqnests that do not require Commissioners Court approval nnder State Statues

None submitted

Elected Officials/Departments requesting Conference/Travel/Training approval for funds that have Commissioners Conrt anthority

Constable Precinct 5 (Villareal) - requests approval for the following:

a) Victor Cardoso and Jason Esquibel to attend the Street Crimes Seminar in Arlington, Texas from June 20-22, 2011. The estimated cost to attend is $690 for registration fees. The staff will use the County vehicle with gas card. Funding is available in Law Enforcement Training Escrow.

b) Leo Armendariz and Jesus Mancillas to attend the Human Trafficking Training in Waxahachie, Texas on August 18, 2011. There is no cost to the County for staff to attend. The staff will use the County vehicle with gas card.

Constable Precinct 4 (Williams) - requests the approval for Laura Torres to attend a 9-1-1 Dispatcher Certification School at the North Texas Council of Government from September 12-16.2011. The cost to attend is $95. Fnnding is available in the department's DDA.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363. Fax (214) 653-6517. rlwatkins@da!tascounty.org

67

Commissioners Court - requests approval for Commissioner Dickey and Chris Davis from Road and Bridge #1 to attend the 14th Annual Transportation & Infrastructure Summit and the 4th Annual Global High-Speed Rail Forum to be held August 9 - 12, 2011 at the Omni Mandalay Hotel at Las Colinas. The total cost to attend is $2,000 for a gold co-host registration fee. Funds are available in Road and Bridge District #1 budget (2050 Conference/Staff Development).

Fire Marshal's Office - requests approval for LaNequa Hodge to attend the TLETS/NLETS Basic Procedures Course in Waco, Texas from June 20 - 24,2011. The total estimated cost to attend is $400 ($295 - mileage reimbursement and $105 - food). Funding is available in the Fire Marshal's budget (120.3342.2460).

Elections - requests approval for the following:

a) Brylon Franklin to attend the 27th Annual Election Center National Conference and Education Session in San Antonio, Texas from August 15 - 20,2011. The total estimated cost to attend is $1,944 ($182 - airfare; $913 - hotel; $300 - food; $100-ground transportation; $399 - registration fees; and $50 membership). Funding is available in fund 532.94036 and the course fees are reimbursable through HA V A Education Funds.

b) Tandi Smith to attend the 27th Annual Election Center National Conference and Education Session in San Antonio, Texas from Augnst 15 - 20, 2011. The (otal estimated cost to attend is $1,944 ($182 - airfare; $913 - hotel; $300 - food; $100-ground transportation; $399 _. registration fees; and $50 membership). Funding is available in fund 532.94036 and the course fees are reimbursable through HA V A Education Funds.

c) Rivelino Lopez to attend the Election Center Special Education Session in Sanibel Harbour, Florida from July 8 - 16, 2011. The total estimated cost to attend is $3,287 ($484 - airfare; $999 - hotel; $270 - food; $100 - ground transportation; $399 -registration fees; and $50 membership; and $1,375 course fee). Staff will take 5 out of 12 courses for certification. The course fees are reimbursable from HA VA Education Funds. Funding is available in fund 532.94036 and the course fees are reimbursable through

HA VA Education Funds.

d) Antoinette Pippins - Poole, Rivelino Lopez, Brylon Franklin, Mandy Bush, Angelica Gutierrez, Tameka Harper, Elnora Cox, Tacoma Phillips, Micki Swindle, Jana Onyon, Tandi Smith, Laura Granado, Lynn Coumpy, and Vickey Bynum to attend the 29th

Annual Secretary of States Election Law Seminar in Austin, Texas from July 31- August 3,2011. The total estimated cost to attend is $10,959 ($5,559 - hotel; $3,000 - food; $300 - rental van; and $2,100 - registration fees). Funding is available through Chapter 19 and HAVA funds.

Sheriff's Office - requests approval for the following:

a) Sheriff Lupe Valdez and Chief Deputy Joseph Costa to attend a Legislative meeting in Austin, Texas from June 12 ·····13,2011. The estimated cost to attend is $1,200. Funding is available in the Commissary Fund (532.3151.91046).

b) Darryl Thomas to attend a CPA Training Conference in New Orleans, Louisiana from June 16 -19, 2011. There is no cost to Dallas County for staff to attend.

68

c) Patrick Bonner to attend a ROCIC Conference in Louisville, Kentucky from July 23 - 28, 2011. There is no cost to Dallas County for staff to attend.

d) Cheryl Wilson to attend FBI National Academy in Quantico, Virginia from July 11 -September 16, 2011. There is no cost to Dallas Connty for staff to attend.

e) Sheriff Lupe Valdez to attend the SAT 133,d Annual Training Conference in Houston, Texas from July 17 -19, 2011. There is no cost to Dallas County for Sheriff Valdez to attend.

f) Anthony S. Rounds to attend the NBPA National Education and Training Conference in Chicago, Illinois from August 14 - 21,2011. There is no cost to Dallas County for staff to attend.

g) Donna Arnold to attend the T APEIT Conference in Austin, Texas from October 17 - 21, 2011. There is no cost to Dallas County for staff to attend.

Notifying Commissioners Court of Conference/Travel/Training funds used by Grant Programs

District Attorney's Office - requests approval for the following:

a) Jeff Haines, Hunt County Sheriff Department, to participate in training for law enforcement officers, prosecutors and other allied professionals' best practices when responding to sexual assault and domestic violence cases at the Texas Woman's University iu Denton, Texas from June 27 - 29,2011. The total estimated cost is $207 ($102 - mileage reimbursemeut and $105 meals). Funding is available in the Regional Training Grant (1342911-11-6001).

b) Carla Bean, District Attorney's Office, Family Violence Division, to participate in a training for law enforcement officers, attorneys aud advocates on the enforcement on Protective Orders at the Texas Woman's University in Denton, Texas from June 29, 2011. The total estimated cost is $77 ($42 - mileage and $35 - food). Funding is available in the Regional Training Grant (1342911-11-6001).

c) Sheila Green, Dallas Police Department, to participate in training for law enforcement officers, prosecutors and other professionals regarding responding to sexual assault and domestic violence offenses at the Texas Woman's University in Denton, Texas from June 27 - 29,2011. The total estimated cost is $147 ($42 - mileage and $105 - food). Funding is available in the Regional Training Grant (1342911-11-6001).

d) Sheila Green, Dallas Police Department, to participate in training for law enforcement officers, prosecutors and other professionals regarding responding to sexual assault and domestic violence offenses at the Northeast, Texas Child Advocacy Center, Winnsboro, Texas from June 15 -17, 2011. The total estimated cost is $274 ($104 - mileage; $100-ground transportation; and $70 - food). Funding is available in the Regional Training Grant (1342911-11-6001).

69

E~ DALLAS COUNTY ,- ""'J'll'{

DALU,?':" "';\i\1 1 OFFICE OF BUDGET AND EVALUA1\ltrJN~i . '.

June 21, 2011

TO:

FROM:

SUBJECT:

Commissioners Court

RY~OWn, Budget Officer

Hiring Freeze

II Jlll'ol \ 5 PM I: 32

The Dallas County Commissioners Court authorized a "rolling 90 day hiring freeze" for the Fiscal Years 2009 through 201 L Under the "rolling 90 day hiring freeze" any position that becomes vacant must be held vacant for 90 days in addition to the normal encumbrance (paid vacation and compensatory time), Any Elected Official wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must notify Commissioners Court of their intent to fill the position. Any Department Head wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must receive Commissioners Court approval before they can fill the position.

For June 21, 2011 four (4) Elected Officials and one (1) Department Head desired to have their requests related to the "rolling 90 day hiring freeze" be briefed to Commissioners Court.

Elected Officials notifying Commissioners Court of their intent to fill a position before the expiration of the "rolling 90 day hiring freeze".

Tax Office - The Tax Office desires to notify Commissioners Court of their intent to fill a Clerk III, grade 7, position #788 before the expiration of the "rolling 90 day hiring freeze", Filling this position before the expiration of the "rolling 90 day hiring freeze" will eost the County up to $8,911 in savings opportunity.

District Clerk - The District Clerk desires to notify Commissioners Court of their intent to fill a Clerk IV, grade 8, position #3657 in the Criminal Division before the expiration of the "rolling 90 day hiring freeze". Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $9,617 in savings opportunity.

Road and Bridge District #1 - Road and Bridge District #1 desires to notify Commissioners Court of their intent to fill a Commissioners Executive Assistant II, grade H, position #5581 before the expiration of the "rolling 90 day hiring freeze". Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $16,765 in savings opportunity,

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6384 • Fax (214) 653-6517 • [email protected]

70

Constable Precinct # I ~ Constable Precinct # 1 desires to notify Commissioners Court of tbeir intent to fill up to six (6) Deputy Constable position befc)re the expiration of the "rolling 90 day hiring freeze". On June 3, 2011 Constable Evans separated twelve (12) Deputy Constable positions assigned to the service of civil process. Constable Evans will leave four (4) positions vacant due to the elimination of four (4) Warrant Officers effective October I, 2011. In addition Constable Evans will leave two (2) positions vacant pending any civil service appeals. Each month Constable Evans receives 3,500 to 4,000 civil papers that need to be served. Filling six (6) Deputy Constable positions before the expiration offhe "rolling 90 day hiring freeze" will cost the County up to $74,974 in savings opportunity.

Department Heads requesting Commissioners Court approval to fill a position before the expiration of the "rolling 90 day hiring freeze".

Information Technology - The Information Technology Department requests Commissioners Court approval for the following exceptions to the "rolling 90 day hiring freeze": a) Network Engineer, grade JM, position #7220; b) Senior Systems Analyst, grade KM, position #7405; c) Assistant Chief AIS/Criminal Justice Applications, grade PM, position #6642; and d) Assistant Chief Oracle/Financial Applications, grade PM, position #7377. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will not impact the County General Fnnd as they are all funded out of the Major Technology Fund.

71

June 15,2011


Through: Qrown ~~~e~Officer

From: Charles Reed Budget and Policy Analyst

Subject: Interim Funding for Grant Positions for the District Attorney's Office

BACKGROUND The District Attorney's Office currently has several full-time positions which are funded by grants that are provided by several granting agencies, Prior to the changes made this fiscal year in the application and award process for grant assistance, existing grants only required a reapplication by the requesting agency to continue fnnding. This year, the granting agencies made a change to allow all current grants to expire on their end dates which requires new grant applications for all positions requested.

OPERATIONAL IMPACT The grant scoring process has completed and all of the grant applications made by the District Attorney's Office have been recommended for funding. Two grants (6018 and 6019), however, will have a two month gap in funding because of the change made to the granting procedures. These two grants include eight positions: one (1) Sexual Assault Prosecutor (6018), one (1) Family Violence Intake Attorney (6019), two (2) Investigators (6019), four (4) Advocates (6019).

FINANCIAL IMPACT

Grant 6018 $ 21,291

-.. w co

The total financial impact related to the two month gap or forty-four (44) days of funding for Grant 6018 and 6019 is $101,284: $21,291 to cover the one (1) position in Grant 6018 and $80,063 to cover the seven (7) positions in Grant 6019.

Grant 6019 80,063 TC-::OC::T::-:A-::L--$::"Cl:C:0-"1,738"'4:-

RECOMMENDATION The Office of Budget and Evaluation recommends authorizing the District Attorney's Office to continue funding the eight positions during the forty-four (44) day grant funding gap by utilizing Countywide Grant Match funds.

411 Elm Street - 3rd Floor, Dallas Texas 75202·3340 (214) 653·6655. Fax (214) 653 . 6517 • [email protected]

\. .' (D ::::';::0 :',:e:> i'::-;r-,- "r-',:,,':::>

(j')

--lC) -~.:;. (::';

.' ()

C-)_i

C).-<

June 15,2011

To:

Through:

From:

Subject:

Commissioners Court

Ry~rown Budget Officer

Charles Reed Budget and Policy Analyst

72

Fifth District Court of Appeals Contract for Compnter Services

BACKGROUND For the past nineteen years, the Fifth District of Texas Court of Appeals has engaged in a contract with an individual to perform computer services. The services performed have assisted the largest Appellate Court in Texas in the development and maintenance of the Court's internet website. This position has also helped with expeditious processing of document management through enhancing procedures for the systematic archiving of documents, computerization of updates, and the maintenance of the existing network. This position is also responsible for word processing help through tasks such as installing and maintaining macros, fonts, and related software to enhance productivity in windows/word processing functions. The Court of Appeals has requested that this contract be extended for another twelve-month period.

The Court of Appeals also recommends that the Addendum to the personal services agreement with Charles Matz be extended. This Addendum is for the Inter-County Computer Connectivity Services for Grayson, Kaufman, Collin, Rockwall, Hunt, and Dallas Counties, hereinafter referred to as the Counties. The computer maintenance contract is for network development and maintenance; hardware and security firewall development and maintenance; scanning and digital development.

The purpose of this briefing is to make a recommendation on both requests.

OPERATIONAL IMPACT The services performed under previous contracts have assisted the Court of Appeals in the computerization of the Court to serve the public in the expeditious processing of appeals and reduced the delay in the completion of the Appeals process. Specifically, the contractor will assist the Court of Appeals in maintenance of the Internet website, archival of documents, maintenance and updating of the existing network. The terms of the contract are $125 per hour not-to-exceed amount of $105,600. The term of the current contract is from September 1, 2011 through August 31,2012.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653 - 6655. Fax (214) 653 - 6517. [email protected]

U1

-.,

":> -.~- r-, ".

: ~> -.; (j)

73

The services performed under the previous Addendums have assisted the computerization of the Counties. Charles Matz, doing business as CAM Systems, will assist the Court in the connectivity of computers and services to the Counties, and provide personal services as may be authorized by the Chief Justice of the Court. The terms of the Addendum are $125 per hour not-to-exceed the amount of $44,000. The term of the current contract is from September 1, 2011 through August 31,2012.

FINANCIAL IMPACT Funding for this service has been allocated in the budget for the Fifth District Court of Appeals (471.4090.05590). Because the County is only responsible for a supplement of the Justices' salaries and operating expenses, the remaining is paid from a fee received by state. This request will have no fiscal impact on Dallas County.

LEGAL INFORMATION Section 22.2()61 of the Government Code established the Appellate Judicial System to assist the Court of Appeals in the processing of appeals filed with the Court from the County Courts at Law, Probate Courts, or the District Courts. Revenues are derived from a set fee assessed against each civil case filed in the County, Probate, or District Court; except in cases involving delinquent taxes in which the County is party to the suit. This contract has been submitted to the District Attorney's Civil Section for review and is similar to contracts used in previous years for this position.

RECOMMENDATION The Office of Budget and Evaluation recommends approval of the attached personal services contract and the addendum between the Court of Appeals, Fifth District of Texas and Charles Matz doing business as CAM Systems in the amount of $105,6()O for the personal services agreement and $44,O()() for the Addendum as it has no fiscal impact on Dallas County.

74

AGREEMENT

THIS AGREEMENT is between Dallas County, Texas (County); the Conrtof Appeals, Fifth District of Texas at Dallas (Court); and Charles A, Matz doing business as CAM Systems (CAM), P.O. Box 820336, Dallas, Texas 75382,0336.

The Couli desires to enter into a personal services agreement with CAM to provide computer services for the Court. Funding is available through Appellate Judicial System Fund Account 4090. The services being contracted for are necessary to properly equip, supply, and maintain the data and word processing needs of the Court.

CAM represents that he is fully qualified and capable of performing the services called for in this Agreement, and that he will perform those services. Consequently, the County, the Court, and CAM agree as follows:

l.

CAM, as an independent contractor, shall assist the Court in the application of computer technology to provide efficient use of Court computer equipment by providing to the Court such personal services as may be authorized by the Chief Justice of the Court. The Services may include, but are not limited to:

A. Document Management, including, but not limited to, the implementation of a system of document storage and retrieval which ·will pennit access to archived documents in the computer system and allow automatic availability of documents to Westlaw, Lexis, or sintilar systems on the date of issuance; and,

B. Implementation and coordination of new computer technology, including, but not limited to, the interfacing of any new hardware and software into the existing computer system; and,

c. Word Processing, including, but not limited to, the maintenance of hardware and software (macros, fonts, style sheets, and related software) to enhance productivity; and,

D. Implementation and coordination of computerized docket and case management control systems.

E. Electronic Filing

II.

For the services rendered by CAM, the County shall pay, from the Appellate Judicial System Fund Account 4090, to CAM $125.00 per hour, per individual year, for time actually devoted to the performanee of this Agreement and reasonable h'avel time required for the performance of the Agreement. In no event will the County be obligated to compensate CAM more than $105,600.00 for hourly fees, per individual year. Compensation shall not include sick leave, vacation, holidays, or any other fringe benefits. This hourly fee is intended to compensate CAM for all time and expenses except for those specifically provided for in the following sentence. In addition to the hourly fee, CAM shall be reimbursed the purchase price of any replacement parts or any other items for the repair or maintenance of the computer system which is fumished by CAM, provided that the total cost of such items shall not exeeed $12,000, pef individual year, and furthef provided that each purchase is authorized by the Chief Justice; and CAM shall be reimbursed the actual cost of any reasonable travel expenses, provided that the total cost of all reasonable and necessary travel expenses shall not exceed $4,000 per individual year. The County shall have no obligation to pay for any work, services, or expenditures that have been rendered or incuned without the prior authorization of the Chief Justice of the Court.

III.

On or about the last day of each calendar month during the term of this Agreement, CAM shall submit to the Court a statement for services rendered, Each statement shall be in a fonn acceptable to the Dallas County Auditor and shall include such detail of the services and expenses as may be requested by the auditor for verification purposes. The statement shall, at least, include a description of the serVIces, the day(s) and the amount of time during the day( s) that

75

CAM perfonned the selvices, and the total amount billed for services and expenses. After receipt of a statement, the Chief Justice of the Court shall review the statement and approve it with such modifications as she may deem appropriate and thereafter forward the statement with any moditlcations to the County Auditor for payment CAM shall hold harmless and indemnify the County and the Court for any discrepancy between the amount submitted for payment and the actual payment tlnally approved by the Chief Justice ofthe Court. The County shall pay the statement from the Appellate ludicial System Fund Account 4090 wIthin thirty (30) days after receipt of the statement by the County Auditor.

IV.

Prior to the execution of the Agreement, CAM has been advised by County, and CAM clearly understand and agrees, such understanding and agreement being of the absolute essence to this conlTact, that the County shall have available in the Appellate Judicial System Fund Account 4090 the total maximum sum of$105,600.00 for each individual year-20 I 0 and 2011, specifically allocated to fully discharge any and all liabilities which may be incurred by the County w1der this Agreement. CAM further understands and agrees, such understanding and agreement also being of the absolute essence to this contract, that the total maximum compensation that the County may become liable to pay to CAM hereunder from the Appellate Judicial System Fund Account 4090 shall not exceed the sum 0[$105,600.00 for the State Fiscal Year 2012 (September 1,2011 through August 31, 2012).

V.

It is expressly agreed that Charles Matz shall personally perform all of the duties necessary to provide the services set [011h herein and that none shall be perfom1cd by any other employee, servant, agent delegate, or subcontractor of CAM.

VI.

The Agreement shall take effect on September 1, 2011, and unless terminated sooner in accordance with the provisions hereof, shall terminate on August 31,2012. All other conlTacts and/or agreements will be rendered void upon the Court Order being signed by the Dallas County Commissioners.

VII.

Any party may terminate this Agreement at any time, either with or without cause, by giving at least ten (10) days advance written notice. Upon receipt of a notice of tennination, CAM shall cease all services in connection with perfomlance of this Agreement and shall proceed to promptly cancel all orders and contracts insofar as such orders or contracts are chargeable to this Agreement As soon as practicable after receipt of the notice ofterrnination, CAM shall submit,

in accordance with Section III, his statement showing in detail the services performed under this Agreement to the date of termination.

VIII.

Any notice required or permjtted to be given by the County or the Court to CAM under this Agreement may be given by certified or registered U.S. Mail, postage prepaid, return receipt requested, addressed as follows:

Charles A. Matz PO. 820336 Dallas, Texas 75382-0336

2

76

Any notice required or permitted to be given by CAM to the County or the Court under this Agreement shall be mailed by certified or registered U,S. Mail, postage prepaid, return receipt requested to be delivered to the following address:

Chief Justice Fifth Drstrict Court of Appeals George L Allen Courts Bmlding 600 Commeree St., 2nd Floor Dallas, Texas 75202

IX

CAM agrees to perfonTI the services hereunder in accordance with generally acceptable standards thereto and shall comply with all applicable state, federal, and local laws, ordinances, rules, and regulations relating to the services performed heretmder.

CAM shall not access any information which it is not authorized to receive, and under no circumstances shall CAM release or divulge any confidential material, infOlmation or documents received during the performance ofthe services hereunder without the express written consent of the Chief Justice of the Court.

X.

Subject to the terms and conditions of this Agreement, all information and matter disclosed or supplied by the County or the Court to CAM in whatever form shall be the sole and exclusive property of the Court. The Court shall have the sale responsibility for securing and maintaining any copyright or other protection for such infonnation and matter. CAM shall have the right to use such information and matter only as specifically provided herein and/or as is reasonably necessary to perform the obligations or exercise CAM!s rights hereunder.

Upon termination of this Agreement, CAM shaH, at its expense, deliver to the Court all of the Court!s infonnation and matter that is in CAM!s possession or under CAM's control.

XI.

Subject to the terms and conditions of this Agreement, all infonnation and matter disclosed or supplied by CAM conceming the products that CAM produces shall be the sole and exclusive propelty of CAM. CAM shall have the sole responsibility for securing and maintaining any copyright or other protection for such information and matter. The County and the Court shall have the right to use such information and matter only as specifically provided herein and/or as is reasonably necessary to perfoml the obligations or exercise the Court's rights hereunder.

XII.

It is expressly understood by all parties that CAM will provide technical services under this Agreement which will disclose intellectual property which CAM possesses or which had been obtained from other sources. It is understood by all parties that CAM does not transfer any rights to said intellectual property, except as provided by this Agreement.

CAM shall be the absolute and unqualifted owner of all products that CAM produces pursuant to this Agreement, and CAM grant only the non-exclusive licenses specified in paragraph XIII.

XIII.

CAM grants to the Court non-exclusive, royalty free, perpetual and irrevocable licenses for the use of all products that CAM owns which is provided or installed for the Court either pursuant to this Agreement or at any time heretofore, unless such products are otherwise licensed by the Court from CAM by separate \VTitten agreement. These licenses allow copying, modification, and/or merging into other forms to produce tlupdated work" by the COUIt for its use only.

3

77

Distribution, repackaging, or reselling of the products or said updated works to parties other than the Court is not allowed unless otherwise approved. by CAM or its successors or assigns.

CAM warrants and represents that it has full authority to grant the Comi the licenses for the products that CAM owns and to perfonn the services described in this Agreement.

CAM warrants and represents that it is the exclusive owner of the CAM products that it provides under this Agreement and that granting the Court the right described in this Agreement w'ill not infringe the patent, copyright, or trade secret of another.

CAM warrants and represents that the Court shall have quiet enjoyment afthe products that CAM provides pursuant to this Agreement and that no change in the organization, structure, and/or ownership of CAM shall in any way diminish the Court's use, possession, and/or rights in such products.

XIV.

Because of the difficulty in ascertaining damages, it is agreed that the County, Court, and CAM's liability for any special, incidental, consequential, indirect or similar damages shall not exceed the total amount billed and billable under this Agreement for services of CAM during the period of this Agreement, regardless of the form of the claim.

XV. CAM agrees to release, protect, defend and inderrmlfy Dallas County, its officers and employees from and against any and all claims, demands, cost, judgments and fees (including attomey fees) for any injury to persons or damages to property that results from, arises out of, or may be occasioned by any act or omission of CAM in the perfonnance of, or in connection with this agreement. The telIDS of this paragraph shall survive the tennination of expiration of this agreement.

XVI.

It is expressly understood and agreed that this Agreement will be governed and construed according to the laws of the State of Texas. The venue for any action or claim arising out of this Agreement shall be Dallas County, Texas.

XVII.

This iush'ument contains the entire Agreement between the parties relating to rights granted and obligations assumed. Any oral agreement or oral modifications concerning this instrument shall be of no force or effect.

Executed this \''\ day of J\AC\t ,2011.

APPROVED:

District of Texas at Dallas

/f/~ ~~ ... --~-------.-----~-~--

Charles A. Matz, CAM

4

78

ADDENDUM TO AGREEMENT COURT ORDER __ _

THIS ADDENDUM is between Dallas County, Texas (County); the Court of Appeals, Fifth District of Texas at Dallas (COUli); and Charles A. Matz doing busiuess as CAM Systems (CAM), P.O. Box 820190, Houston, Texas 7782-0190.

The Court desires to add an Addendum, in addition to, the personal services agreement with CAM. This Addendum for computer maintemmce and for Inter-County Computer Connectivity Services for the Court and Grayson, Kaufman, Collin, Rockwall, Hunt and Dallas Counties, hereinafter referred to as COUNTIES. Funding is available through Appellate Judicial System Fund Account 4090. The services being contracted for are necessary for inter-county computer connectivity between the Counties and the Court and computer maintenance for the Court.

CAM represents that he is fully qualified and capable of performing the services called for in this Addendum to the original agreement, and that he will perform those services. Consequently, the County, the Court, and CAM agree as follows:

1..

CAM, as an independent contractor, shall assist the Court in the connectivity of computers and services to the Conrt and the COUNTIES, and provide such personal services as may be authorized by the Chief Justice of the Court.

II.

For the services rendered by CAM stated in this Addendum, the County shall pay, from the Appellate Judicial System Fund Account 4090, to CAM $125.00 per hour for time actually devoted to the perfonnance ofthis Addendum. In no event will the County be obligated to compensate CAM more thall $44,000.00 for hourly fees. Compensation shall not include sick leave, vacation, holidays, or any other fringe benefits. In addition to the hourly fee, CAM shall be reimbursed the purchase price of any other items for the repair or maintenance or connectivity of the computers which is furnished by CAM, provided that the total of such items shall not exceed $5,500.00, and further provided that each purchase is authorized by the Chief Justice.

III.

On or about the last day of each calendar month during the term of this Addendum, CAM shall submit to the COU1i a statement for services rendered. Each statement shall be in a form acceptable to the Dallas County Auditor and shall include such detail of the services and expenses as may be requested by the auditor for verification purposes. the statement shall, at least, include a description of the services, the day(s) and the amount of time during the day(s) that CAM perfonned the services, and the total amount billed for services and expenses. After receipt of a statement, the Chief Justice of the Court shall review the statement and approve it with such modifications as she

79

may deem appropriate and thereafter forward the statement with any modifications to the County Auditor for payment. CAM shall hold hannless and indemnify the County and the Court for any discrepancy between the amount submitted for payment and the actual payment finally approved by the Chief Justice of the Court. The county shall pay the statement from the Appellate Judicial System Fund Account 4090 within thirty (30) days after receipt of the statement by the County Auditor.

IV.

Prior to the execution of the Addendum, CAM has been advised by County, and CAM clearly understand and agrees, such understanding and agreement being of the absolute essence to this Addendum, that the County shall have available in the Appellate Judicial System Fund Account 4090 the total maximum sum of $49,500.00 specifically allocated to fully discharge any and all liabilities which may be incurred by the County under this Addendum. CAM further understands and agrees, such understanding and agreement also being ofthe absolute essence to this Addendum, that the total maximum compensation that the County may become liable to pay to CAM hereunder from the Appellate Judicial System Fund Account 4090 shall not exceed the sum of $49,500.00.

V.

It is expressly agreed that Chqrles Matz shall personally perform all of the duties necessary to provide the services set forth herein and that none shall be performed by any other employee, servant, agent, delegate, or subcontractor of CAM.

VI.

The Addendum shall talee effect on September 1,2011, and unless terminated sooner in accordance with the provisions hereof, shall tenninate on August 31, 2012.

VII.

Any party may terminate this Addendum at any time, either with or without cause, by giving at least ten (10) days advance written notice. Upon receipt of a notice oftermination, CAM shall cease all services in connection with perfonnance ofthis Addendum and shall proceed to promptly cancel all orders and contracts insofar as such orders or contracts are chargeable to this Addendum. As soon as practicable after rcceipt of the notice of termination, CAM shall submit, in accordance with Section III, his statement showing in detail the services performed under this Addendum to the date of termination.

VIII.

Any notice required or permitted to be given by the County or the Court to CAM under this Addendum may be given by certified or registered U.S. Mail, postage prepaid, retum receipt

requested, addressed as follows:

80

Charles A. Matz PO.820336 Dallas, Texas 75382-0336

Any notice required or permitted to be given by CAM to the County or the Court under this Addendum shall be mailed by certified or registered U.S. Mail, postage prepaid, return receipt requested to be delivered to the following address:

Chief Justice Fifth District Court of Appeals George L. Allen Courts Building 600 Commerce St., 2nd Floor Dallas, Texas 75202

IX.

CAM agrees to perform the services hereunder in accordance with generally acceptable standards thereto and shall comply with all applicable state, federal, and local laws, ordinances, rules, and regulations relating to the services perfonned hereunder.

CAM shall not access any infonnation which it is not authorized to receive, and under no circumstances shall CAM release or divulge any confidential material, infonnation or documents received during the perfonnance ofthe services hereunder without the express written consent ofthe Chief Justice of the Court.

X.

Subject to the tenns and conditions of this Addendum, all infonnation and matter disclosed or supplied by the County or the Court to CAM in whatever fonn shall be the sole and exclusive property ofthe Court. The Court shall have the sole responsibility for securing and maintaining any copyright or other protection for such infonnation and matter. CAM shall have the right to use such infonnation and matter only as specifically provided herein and/or as is reasonably necessary to perfornl the obligations or exercise CAM's rights hereunder.

Upon termination of this Addendum, CAM shall, at its expeuse, deliver to the Court all of the Court's information and matter that is in CAM's possession or nnder CAM's control.

XI.

81

Subject to the terms and conditions of this Addendum, all information and matter disclosed or supplied by CAM concerning the products that CAM produces shall be the sale and exclusive property of CAM. CAM shall have the sole responsibility for securing and maintaining any copyright or other protection for such information and matter. The COlmty and the Court shall have the right to use such information and matter only as specifically provided herein and/or as is reasonably necessary to pcrfonn the obligations or exercise the Court's rights hereunder.

XII

It is expressly understood by all parties that CAM will provide technical services under this Addendum which will disclose intellectual property which CAM possesses or which have been obtained from other sources. It is understood by all parties that CAM does not transfer any rights to said intellectual property, except as provided by this Addendum.

CAM shall be the absolute and unqualified owner of all products that CAM produces pursuant to this Addendum, and CAM grant only the non-exclusive licenses specified in paragraph XIII.

XIII.

CAM grants to the Court non-exclusive, royalty free, perpetual and irrevocable licenses for the use of all products that CAM owns which is provided or installed for the Court either pursuant to this Addendum or at any time heretofore, unless such products are otherwise licensed by the Court from CAM by separate written agreement. These licenses allow copying, modification, and/or merging into other fonns to produce "updated work" by the Court for its use only. Distribution, repackaging, or reselling of the products or said updated works to parties other than the COllrt is not allowed unless otherwise approved by CAM or its successors or assigns.

CAM warrants and represents that it has full authority to grant the Court the licenses for the products that CAM owns and to perform the services described in this Addendum.

CAM wanants and represents that it is the exclusive owner of the CAM products that it provides under this Addendum and that granting the Court the right described in this Agreement will not infringe the patent, copyright, or trade secret of another.

CAM warrants and represents tbat the Court shall have quiet enjoyment ofthe products that CAM provides pursuant to this Addendum and that no change in the organization, stmcture, and/or ownership of CAM shall in any way diminish the Court's use, possession, and/or rights in such products.

XIV.

Because of the difficulty in ascertaining damages, it is agreed that the County, Court, and CAM's liability for any special, incidental, consequential, indirect or similar damages shall not exceed the total amount billed and billable under this Addendum lor services of CAM during the period ofthis Addendum, regardless of the form ofthe claim.

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xv.

CAM agrees to release, protect, defend and indemnify Dallas County, its officers and employees from and against any and all claims, demands, cost, judgments and fees (including attorney fees) for any injury to persons or damages to property that results from, arises out of, or may be occasioned by any act or omission of CAM in the performance of, or in connection with this agreement. The tenns of this paragraph shall survive the tennination of expiration of this agreement.

XVI.

It is expressly understood and agreed that this Addendum will be governed and construed according to the laws of the State of Texas. The venue for any action or claim arising out of this Addendum shall be Dallas County, Texas.

XVII.

This instrument contains the entire Addendum between the parties relating to rights granted and obligations assumed. Any oral agreement or oral modifications concerning this instrument shall be of no force or effect.

Executed this 13 day of ___ ,_L.=:..:..;f1---"<t."--., _____ , ___ , 20]].

APPROVED:

Car

fth District of Texas at Dallas

/~ ~/ /!? /.;>.;...---' .; /

// L-- , / (,t-._-'_ .. _ __ _

t:?harles A Matz, CAM

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DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

June 15,2011


THROUGH: Ryf?rown, Budget Officer

FROM: Ronica L Watkins, Assistant Budget Officer

SUBJECT: Rationale for Briefing and Court Order on Same Day

It is requested that the attached item be considered on both the formal and briefing agenda for Tuesday, June 21, 2011 to expedite the approval of the agreement.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6448 • Fax (214) 653-6517 • [email protected]

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June 15, 2011

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

RyaGrown, Budget Officer

Ronica L. Watkins, Assistant Budget Officer

District Attorney's Office Senior Citizens of Greater Dallas Agreement (Court Order ou Formal Ageuda)

BACKGROUND The District Attorney's Office desires to enter into a Local Collaborator Agreement with the Senior Citizens of Greater Dallas. The purpose of the agreement is for the Dallas County District Attomey's Office to provide professional advice and assistance with the planning and development of a Senior Safety Model Program. The agreement shall be for a projected term of approximately thirteen months commencing February 2011 and continuing through February 2012.

OPERATIONAL IMPACT The intent of the agreement is for Dallas County District Attorney's Office to serve as an independent consultant for the Senior Citizens of Greater Dallas. Exhibit A of the Agreement outlines the responsibilities of services that will be provided by the District Attorney's Office. The Dallas County District Attorney's Office will work with the senior leader, national experts, independent evaluator, and project manager.

FINANCIAL IMPACT The Senior Citizens of Greater Dallas will provide Dallas County District Attorney's Office with a fee of $20,000 for the services provided in the agreement. Monies will be paid pro rata ($2,000) on a monthly basis throughout the length of the agreement.

LEGAL IMPACT The Civil District Attorney's Office has reviewed and signed off on the attached agreement.

RECOMMENDATION The Office of Budget and Evaluation recommends that the Commissioners Court approve the Local Collaborator Agreement between the Senior Citizens of Greater Dallas and Dallas County District Attorney's Office and authorizes the County Judge to sign all related documents.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6448 • Fax (214) 653-6517 • [email protected]

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LOCAL COLLABORATOR AGREEMENT

BETWEEN

AND

SENIOR SOURCE

Dallas, Texas

May 2011

This Local Collaborator Agreement (tbis "Agreement") is entered into tbis __ day of May 2011 by and between Dallas County District Attorney's Office, ("DCDA"), and Senior Citizens of Greater Dallas, a Texas nonprofit corporation doing business as Senior Source; ("CLIENT") and evidences the engagement of DCDA to provide the CLIENT with collaboration consulting services.

The CLIENT desires to obtain professional advice and assistance from DCDA in the role of a Local Collaborator associated with the planning and development of a Senior Safety Model Program.

The CLIENT desires to engage DCDA, and DCDA agrees to perform the collaboration services more particularly described herein.

In consideration of the premises and other mutual promises and benefits set fortb below, the CLIENT and DCDA agree as follows:

1. Services. The Client hereby engages DCDA to provide to the CLIENT with collaborator services outlined in the Local Collaborators description attached to tbis Agreement as Exhibit "A".

2. Compensation and Reimbursement. In consideration for the Services, the CLIENT shall pay to DCDA a fee in the amount of $20,000.00, with the expectation that the Local Collaborator will participate in up to tbirty (30) half or full day meetings during the grand period. Monies will he paid pro rata on a monthly basis throughout the length of the agreement (Le. $2,000.00 per month).

3. Nature of the Relationship_ The intent and purpose of the parties to this Agreement is for DCDA to serve as an independent consultant for the CLIENT in connection with providing the Services. Nothing contained in tbis Agreement shall be deemed or construed to create a partoership or joint venture between the CLIENT and DCDA, or to create a relationship of employer-employee between the CLIENT and DeDA or any representative of DCDA, or will otherwise create any liability for the CLIENT or DeDA with respect to any

86

indebtedness, liabilities or obligations of the other or any third party. The CLIENT hereby acknowledges, understands and agrees that the CLIENT has engaged DeDA on a non-exclusive basis and that DCDA may perform similar services not in conflict with Paragraph 6 ("NonCompetition") of this Agreement to other clients contemporaneously with performing the Services for the CLIENT. The CLIENT further acknowledges, understands and agrees that the Services provided by DCDA are of an advisory and consultative nature only and, as such, DCDA makes no representation, warranty or guarantee that the CLIENT will experience a specific result from, or in connection with, the Services.

4. Duration and Termination. This Agreement shall be for a projected term of approximately thirteen (13) months commencing February 2011 and continuing through February, 2012. CLIENT shall incur no additional fees without providing DCDA prior approval to provide additional services. Either party may terminate this Agreement at any time by notice in writing sent to the other party effective fourteen (14) days after such written notice ("Termination Date'); provided, however, that upon such termination and absent agreement to the contrary, the CLIENT shall remain obligated to pay the pro-rata Fee earned incurred through the Termination Date as agreed upon by DCDA and the CLIENT. Within three (3) days after the termination of this Agreement, or upon CLIENT'S request, DCDA will return to the client any and all documents, materials or other propertY of the CLIENT, including without limitation all confidential information, in the custody or control of DCDA.

5. Governing Law. The validity, construction, enforcement, and interpretation of the rights and duties of the parties to this Agreement shall be governed by and interpreted under the laws of the State of Texas.

6. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof; such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and, the remaining provisions hereof shall remain in full force and effect, and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. Furthermore, there shall be added automatically, as part of this Agreement, a provision as similar in terms to such provision as may be possible and be legal, valid and enforceable.

7. Confidentiality. The CLIENT and DCDA agree that certain Confidential Information regarding the business of the CLIENT, including information revealed during the performance of this Agreement, is confidential in nature and DCDA hereby agrees not to disclose or make use of the Confidential Information during the term of this Agreement and for a period of two (2) years thereafter without the prior written consent of the CLIENT. For purposes of this Agreement, "Confidential Information" shall be all non-pUblic, confidential and proprietary information concerning the CLIENT, including, information regarding the finances and operations of the CLIENT and reports, surveys, the proposal attached hereto, methodology, advertising and marketing strategies, key relationships and client lists prepared by DCDA.

8. Force Majeure. DCDA shall not be deemed in breach of this Agreement if

87

DCDA is unable to complete or perform the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or any local, state or federal law or any governmental order, regulation or other event beyond DCDA's control.

9. Sovereign Immunity. This Contract is expressly made subject to Government Parties' sovereign immunity, Title 5 of the Texas Civil Remedies Code and all applicable State and federal law. The parties expressly agree that no provision of this Contract is in any way intended to constitute a waiver of any immunities from suit or from liability that the parties or the County has by operation of law. Nothing in this Contract is intended to benefit any thirdparty beneficiary.

10. No Third Party Beneficiaries. Except as specifically provided herein, this Agreement does not provide, and shall not be construed to provide, third parties with any right, remedy, claim, cause of action or privilege.

12 Modification. This Agreement may only be modified by the parties in a written document expressly referring to this Agreement.

13. Prior Agreements Superseded. This Agreement, together with all exhibits and addenda attached hereto, constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement.

14. Binding Agreement; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. Neither party may assign this Agreement without the prior written consent of the other.

15. Dispute Resolution. Any dispute, claim or disagreement arising out of or in connection with this Agreement will be submitted to binding arbitration administered by the American Arbitration Association ("A.A.A.") in accordance with the A.A.A.'s rules. The place of the arbitration will be Dallas, Texas. Each party will bear its own costs of arbitration, exclusive of attorney's fees.

16. Signatory Warranty

Each party represents that it has the full right, power and authority to enter and perform this Contract in accordance with all of the terms and conditions, and that the execution and delivery of Contract has been made by authorized representatives of each party to validly and legally bind the respective party to all terms, performances and provisions set forth in this Contract.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written intending to be bound thereby.

88

SENIORCIl'IZENSOFGREATERDALLAS,dba THE SENIOR SOURCE

BY:

NAME: ____________________ __

TITLE: ____________________ __

LOCAL COLLABORATOR: DALLAS COUNTY DISTRICT

ATTORNEY' F _~U ~ // BY: ~ NAM.~~ ______________ __

TITLE: ________________ _

LOCAL COLLABORATOR: DALLAS COUNTY

BY:

NAME: ________________ _

TITLE: ________________ _

89

EXHIBIT A

Local Collaborators The local collaborators will work with the senior leader, national experts, independent evaluator, and project manager. They will be locally recognized authorities in senior safety. Responsibilities include:

I. Sharing knowledge about local services and the successes and challenges in the service area they represent;

2. Participating in the needs assessment; 3. Participating in structuring action plans to design the model; 4. Exploring new areas for transformational change; and 5. Designing and developing work plans for the Senior Safety Model.

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;;} ,c:')

--------------------------------------------------------;::;-·l~ <e '/1,\_ ~

June 15, 2011

TO:

THROUGH:

Commissioners Court

Rya~rown, Budget Officer

FROM: Ronica L. Watkins, Assistant Budget Officer

SUBJECT: Rationale for Briefing and Court Order on Same Day

It is requested that the attached item be considered on both the formal and briefing agenda for Tuesday, June 21, 2011 to expedite the approval of the agreement.


91


June 15,2011


THROUGH: Ryan Brown, Budget fifJi!/JU FROM: Ronica L. Watkins, Assistant Budget Officer

SUBJECT: District Attorney's Office Health and Human Services Commission/Office of Inspector General Agreement (Court Order on Formal Agenda)

BACKGROUND The Health and Human Services Commission (HHSC) and Office of Inspector General (OIG) desires to enter into an agreement with the Local Prosecuting Authority, Dallas County District Attorney's Office. This agreement requires approval by Dallas County Commissioners Court. The deadline for submission of a fully-executed contract is June 30, 2011.

OPERATIONAL IMPACT OIG will investigate allegations of fraud, waste, and abuse in the following programs: Temporary Assistance to Needy Families (TANF), Food Stamps (FS), Supplemental Nutrition Assistance Program (SNAP), Medicaid, Women, Infants, and Children (WIC), and Children's Health and Insurance Program (CHIP). If OIG discovers criminal misconduct may have occurred on a case, a report with relevant evidence will be submitted to the District Attorney's Office to facilitate its prosecutorial decision.

FINANCIAL IMPACT As provided for in 1 TAC 357.661, HHSC shall pay the County and the Local Prosecuting Attorney in which the Local Prosecuting Authority has jurisdiction, the following amounts in accordance with this agreement:

1. $280 for each case in which a defendant is sentenced following an uncontested plea in a court of appropriate jurisdiction.

2. $678 for each case in which a verdict is rendered in favor or against a Defendant in a contested trial before a court of competent jurisdiction.

LEGAL IMPACT The Civil District Attorney's Office has reviewed and signed off on the attached agreement.


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RECOMMENDATION The Office of Budget and Evaluation recommends that Commissioners Court approves the Local Agreement between the Texas Health and Human Services and Office of Inspector General and Dallas County District Attorney's Office and authorizes the County Judge to sign all related documents.

Form Number: CPP0430

93

Texas Health and Human Services Commission Vendor Information Form (VIF)

Instructions: This fonn must be completed and submitted with each new contract, amendment, renewal, and/or extension. (Please type or print information.)

SECTION 1: Cont>:,,~tor'sQenerallnformation ___ . _________ .

I.~_egal Contracto(s Name:

I Legal Doing Business As

Qa_1La.s~()unty Di s tri ct Attorney

(DBA) Name: N/A --------,~- --_.- . .-Physical Address: 133 N. Ri verfront B1 vd. , L.B. 19, Dallas, Texas 75207

-. -I I , ,

I Remit To (Payment) Address: I same

-J I DTexas Identification Number (TIN):

Enter one of the following: IXJFederal Employer Identification Number (FEIN): 75-6000905

DSocial Security Number (SSN):

Select the Legal Status: o For-profit Entity lONon-profit Entity .~-~.,-

o Corporation o Joint Venture o Partnership'

o Limited (Liability) Company o Limited (Liability) Partnership o Sale Proprietorship

!tl Governmental Entity' (must specify): County Government Select the Business Structure: o Other (must specify):

* tf Partnershi2, must Qrovfde SSN or TI~Jor minimum of two eartners --Partner Name: TIN orSSN:

-_._--- -----, Partner Name: TIN orSSN:

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

~i-applicable, enter =rState of _'n_co_r_p_o_ra_ti_o_n: ___ .lT __ ex_as Charter Number~, Name of Parent Entity: -I appropriate information: . _ _ -~--- - ~ .. --.. ~,---.-.

SECTION 2: Contractor's Contact In"f"o"r"m"a"to:ioecn"--____ -, _____ -c--c-

~am;: -~P~~=:~~'k ~i~: the C~ntract -----=f ~ame: era i ::::~ ;~:tact for co~t~ac~_____ '-l Title: District Title: District Attorney

Mailing Address: 133 N, Riverfront BlvdLlLil.lls ilingAddress: 133 N Riverfront Blvd:LB19 Da~las Telephone: (214) 653-3600 Telephone: (214) 653-3600---- -7 207

:~::::ai~. wa tk i ns@oa 11 ascount~.~~--' :~:ail: ~ ~~~~:~!:~~l~-S::;~;;~----j SECTION 3: Contractor's Authorized Signatur"'{"!.I1_I::I§~ Cont C ____ pri~:.?_~~!me _.. I Signature

i C~~~~_~a t k i ns .._~ __ ,

r",,!Jlllan<'l.ger) _.," Date Phone Number

... -.-~-- ---------(214) 653-3600

SECTION 4: Administrative Services Developmenl (ASD) Office Use Only ,~--"-.. -- ------ --------,-I Contractor to Receive Payment: ._r::J __ ~-"--____ []_~~s,_ _ _____ _ 'l

l con:raCl Number: .. _._. __ .. _____________ ~ __ " _______ .~ __ _

Effective Date: June, 2006 Revision Date: February 23, 2011

94

~~ 0._

Health & Human Services Commission Office of Inspector General

Agreement with Local Prosecuting Authority

Name: - Dallas County District Attorney Contract Number: 529·11·0064-

County: Dallas

GENERAL CONDITIONS:

i. Parties. The Texas Health and Human Services Commission· Office of Inspector General ("HHSC·OIG"), and Dallas County District Attorney, ("the Local Prosecuting Authority"), and Dallas County ("the County"), hereinafter referred to as "the parties', do hereby make and enter into this agreement ("Agreement"). This Agreement constitutes the entire agreement between the parties. The parties agree that, for the purposes of this Agreement, all references to "Health and Human Services Commission" or "~ .. mean the administrative agency within the executive department of Texas state government established under Chapter 531, Texas Government Code or its designee~ All references to "Health and Human Services Commission - Office of Inspector General," "HHSC-OIG," or "OIG" mean the Office within HHSC as established in section 531.008(c) and described in 531.101, et seq, Texas Government Codeo

2, Authority to enter Agreement. This Agreement is entered into as authorized under Texas Government Code § 531039 and Texas Government Code § 4L004. HHSC-OIG is acting pursuant to a duly authorized delegation of contracting authorityo

3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Unless otherwise mutually agreed in writing, venue for suit against HHSC-OIG will be in state District Court, Travis County, Texaso

4. Term, The term of this Agreement becomes effective upon signatures of both parties, and continues until and unless revoked by the parties~

5. Purposeo The purpose of the Local Prosecuting Authority Agreement is to establish the terms and conditions for the purpose of assisting to defray the costs of prosecutions, as authorized by Texas Government Code section 41.004(b) in the course of the referral of cases from HHSC-OIG to the Local Prosecuting Authorityo

CONTRACTED COMPONENTS OF SERVICES,

6, HHSC·OIG Responsibilitieso A) OIG shall investigate allegations of fraud, waste, and abuse in the following programs: Temporary

Assistance to Needy Families (TANF), Food Stamps (FS), Supplemental Nutrition Assistance Program (SNAP), Medicaid, Women, Infants, and Children (WIC), and Children's Health Insurance Program (CHIP)o

B) If OIG discovers criminal conduct may have been committed, OIG shall complete and submit written reports and relevant evidence to the Local Prosecuting Authority to facilitate its prosecutorial decisiono

C) OIG shall provide the necessary records and staff as resources to the Local Prosecuting Authority at such time cases are prosecutedo

D) As provided for in 1 TAC 357.661, HHSC shall pay the County and the Local Prosecuting Attorney in which the Local Prosecuting Authority has jurisdictlon, the following amounts °In accordance with this Agreement:

1) $280 for each case in which a Defendant is sentenced following an uncontested plea in a court of appropriate jurisdiction~

1 of 6

95

2) $678 for each case-in-which a ~erdict;;; rendered in fav~; or against a Defendant in a contested trial before a court of competent jurisdiction.

7. Local Prosecuting Authority Responsibilities. A) The Local Prosecuting Authority shall review and evaluate cases referred by OIG for appropriate judicial

action.

B) The Local Prosecuting Authority shall prepare complaints, information or indictments in cases it accepts for prosecution.

C) If community supervision is to be granted in a case, the Local Prosecuting Authority shall (to the extent it finds them to be appropriate in its sale legal and policy judgment) recommend the following actions be taken in addition to any other conditions of community supervision:

1) The individual be disqualified from participation in the T ANF, and SNAP program as provided in Section 6(b) of the Federal Food Stamp Act of 1977 and from participation in the WIC program as provided in Title 7 Code of Federal Regulations 246.9 and 246.12(u).

2) The individual be ordered to make restitution to the Texas Health and Human Services Commission, Office of the Inspector General for the amount of benefits unlawfully obtained.

3) Take appropriate action against individuals who fail to comply with court ordered restitution upon notification from the Department.

OJ The Local Prosecuting Authority shall make available at reasonable times and for reasonable periods, books, records, and supporting documents kept current by the Local Prosecuting Authority pertaining to this Agreement, for purposes of inspecting, monitoring, auditing, or evaluating by HHSC·OIG, its representatives, the U.S. Department of Agriculture, or the U.S. Department of Health and Human Services.

8. Performance Measures. The Parties shall use their best efforts to perform the responsibilities of this Agreement and the Parties agree:

A) Referrals of cases from OIG to the Local Prosecuting Authority shall be made as soon as practical after any investigation is completed.

B) The Local Prosecuting Authority shall utilize its own independent legal judgment in the manner which it conducts any criminal proceedings involving Defendants.

FINANCIAL REQUIREMENTS:

9. Conditions of Payment. All payments shall be made to the County and Local Prosecuting Authority after deducting any known previous overpayment made by HHSC-OIG. HHSC-OIG is not obligated to pay for unauthorized services or to pay more than is consistent with federal and state regUlations and this agreement.

A) The rates listed in paragraph 6(D) above are set by the Code of Federal Regulations and shall be in effect until amended or modified by Congress, in which event HHSC shall notify the County and the Local Prosecuting Authority of such rates and the County and the Local Prosecuting Authority shall have thirty days to agree to the new rates or to terminate this Agreement.

8) Local Prosecuting Authority represents that it has sufficient resources to enable the Local Prosecutrng Authority to carry out the terms of this Agreement.

C) The Local Prosecuting Authority shall recover only once for the services delivered under this Agreement. The Local Prosecuting Authority shall not bill for or retain any additional compensation for such services from HHSC or any other entity.

D) HHSC-OIG shall pay the County and the Local Prosecuting Authority the service unit rate as indicated herein.

10. Billing Process. A) The Local Prosecuting Authority shall submit a Health and Human Services Commission State of Texas

. Purchase Voucher for payment. The Local Prosecutin Authorit shall contact the local HHSC-OIG Case

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.-----~~~-,------~------~~~~--~--~----------------~ Investigator for instructions on how to prepare and whereto mail the voucher,

B) HHSC-OIG reserves the right to review any/all services for compliance with performance measures and adherence to agreed billing rates. OIG staff will make a determination on the sufficiency of the services, Upon final approval, OIG will authorize payment and process all necessary warrant requests,

11, Accounting Records, A) The Local Prosecuting Authority shall adhere to Generally Accepted Accounting Principles promulgated by

the Financial Accounting Standards Advisory Board and follow Department fiscal management policies and procedures in maintaining financial records. (http://www.fasab.govlaccepted.html).

12. iIIotifications. The Local Prosecuting Authority shall:

A) Maintain at all times at least one active electronic mail (email) address for the receipt of agreement"related communications from HHSC-OIG, It is the Local Prosecuting Authority's responsibility to monitor this email address for Agreement-related information,

B) Maintain current licensure in good standing with the State Bar of Texas and maintain all necessary license requirements.

C) Not~y HHSC-OIG within ten (10) days of receiving notice of any change in the status of a professional license or board certification, andlor of a complaint that has been filed against hislher license, andlor that an investigation of his/her license or board certification has been initiated,

D) Notify the HHSC Civil Rights Office olany civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt ola complaint. Notice provided pursuant to this section shall be directed to:

13. Agreement Contingencies.

HHSC Civil Rights Office " 701 W. 51 Street, Mail Code W206

Austin, Texas 78751 Phone Toll Free: (888) 388-6332

Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232

Fax: (512) 438-5885

A) The undersigned Parties certify that: the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the HHSC-OIG; the proposed arrangements serve the interest of efficient and economical administration of state government; the services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder; and, the selection and award of this contract was made on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price.

B) Limits on Compensation, This Agreement is expressly conditioned on the availability of appropriated funds. All compensation hereunder is contingent upon that availability,

C) This Agreement is at all times contingent upon the availability and receipt by the Texas Legislature of appropriate funds; Enactment of superseding law or adoption of a superseding rule or policy; and, iffunds for this Agreement become unavailable during any budget period, this Agreement may be immediately terminated or reduced by the HHSC-OIG in its sale determination, HHSC-OIG shall notify the Local Prosecuting Authority when it knows that funds for this Agreement will be reduced or eliminated, The Local Prosecuting Authority may terminate the Agreement based upon such notification, If the Local Prosecuting Authority terminates this Agreement based on HHSC-OIG's notice to reduce or eliminate funding, the Local Prosecuting Authority shall notify HHSC-OIG in writing of its intent to terminate the Agreement within fifteen (15) calendar days of receipt of HHSC-OIG's notification, The notice shall contain the actual date of termination and the Local Prosecuting Authority's date of termination shall not be less than ten (10) calendar days from HHSC-OIG's receipt of such notice and it shall not exceed ninety (90) calendar days from the date HHSC-OIG receives such notice,

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D) The local Prosecuting Authority agrees to comply with state and federal anti-discrimination laws, including without limitation:

(1) Title VI of the Civil Rights Act of 1964 (42 U .S.C. §2000d et seq.); (2) Section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C. §794); (3) Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); (4) Age Discrimination Act of 1975 (42 U.S.C. §§6101-61 07); (5) Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); (6) Health Insurance Portability and Accountability Act of 1996; (7) Food Stamp Act of 1977 (7 U.S.C. §200 et seq.); (8) The HHS agency's administrative rules, as set forth in the Texas Administrative

Code, to the extent applicable to this Agreement; and (9) Discovery of a disqualifying debt (state franchise tax, child support, or debt to HHSC

or the State ofT exas).

14. Agreement Changes, Amendments and Renewals. A) Changes and Amendments. No change, modification, or amendment to the agreement will be effective

until approved in writing by the Parties. This agreement together with any approved amendment(s) to this agreement shall be the controlling instrument in case of any dispute relating to the wording of any portion of the agreement or amendment. In the event of any conflict or contradiction between or among the agreement terms and attachments, the documents shall control in the following order of precedence: (1) The final executed Agreement and all amendments thereto; (2) The Agreement Exhibits or Attachments, and all amendments thereto.

8) Unilateral Amendments. i. HHSC-OIG reserves the right to make unilateral amendments to this agreement when necessary to:

a. Incorporate new or revised Federal, State, or Department laws, regulations, rules, or policies; b. Update service level descriptions or unit rates; or c. Comply with a court order or judgment.

ii. The unilateral amendment shall be effective upon the Local Prosecuting Authority's receipt of a copy of the amendment signed by HHSC-OIG.

15. Provisions for Termination of Agreement and Dispute Resolution. A) If the local Prosecuting Authority fails to provide services according to the terms and conditions of this

agreement, HHSC-OIG may, upon written notice of default to the Local Prosecuting Authority, terminate all or any part of the agreement. Termination is cumulative of any other rights and remedies provided by law, agency regulations, or under this agreement excluding pending claims for work performed prior to the termination date.

8) This agreement may be terminated at any time by mutual written consent. In addition, any party may terminate this agreement by giving thirty (30) calendar days written notice to the other parties. This agreement shall be terminated at the end of the thirty (30) calendar day notice period. Nothing in this subsection shall be construed to prohibit immediate termination of the agreement pursuant to subsection A of this section, above.

C) At the end of the agreement term or other agreement termination, the Local Prosecuting Authority shall in good faith and in reasonable cooperation with HHSC-OIG, aid in the transition to any new arrangement or provider of services, including the orderly transition of case files/reviews and all other documentation prepared by the Local Prosecuting Authority. The respective accrued interests or obligations incurred to date of termination must be settled equitably.

D) Dispute Resolution.

i. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used by HHSC-OIG and the parties to attempt to resolve any claim for breach of agreement

ii. A Local Prosecuting Authority's claim for breach of this agreement that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Texas Government Code §§ 2260.051-2260.056. To initiate the process, the local Prosecuting Authority shall submit timel~ v-.;ritten notice to the agreement liaison described in Para ra h g, su ra, with a co to the

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~------~~~-----------~~~--~--~~--~~~~~------~ HHSC Executive Commissioner or his designee. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, Government Code, are being invoked. A copy of the notice shall also be given to all other representatives of HHSC-OIG and the Local Prosecuting Authority otherwise entitled to notice under this agreement.

iiI. Compliance by Ihe Local Prosecuting Authority with subchapter B is a jurisdictional condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the Local Prosecuting Authority's sale and exclusive process for seeking a remedy for any and all alleged breaches of agreement by HHSC-OIG if the parties are unable to resolve their disputes through negotiation or mediation.

iv. Compliance with the contested case process provided In subchapter C Is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this agreement by HHSC-OIG nor any other conduct of any representative of HHSC or HHSC-OIG relating to the agreement shall be considered a waiver of sovereign immunity to suit.

v. The subm ission, processing and resolution of the Local Prosecuting Authority's claim is governed by the administrative rules adopted by HHSC pursuant to Chapter 2260, Government Code, as currently effective, hereafter enacted or subsequently amended. The parties shall use the specific procedures set forth in 1 Texas Administrative Code Chapters and 394.

vi. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Local Prosecuting Authority, in whole or in part.

16. Use of Information. The Local Prosecuting Authority, pursuant to its responsibilities under this Agreement, may use or disclose information referred by HHSC-OIG in compliance with applicable statutes, rules and regulations governing the use and disclosure of Information relating to cases handled under this Agreement. Such use or disclosure shall be by Local Prosecuting Authority personnel who are personally and directly engaged in, and only to the extent necessary for judicial or administrative proceeding participation or preparation, any investigation which may result in such proceeding or any grand jury proceeding, unless expressly authorized In writing in advance by HHSC-OIG.

A) It is expressly understood and agreed that no party waives, nor shall be deemed to have waived, any immunity or defense olherwise.available to it under the law.

B) This Agreement is not Intended, nor shall it be construed, to confer any benefits, rights, or remedies upon any person or entity not a party hereto.

17. Cooperation with HHSC and state administrative agencies. The Local Prosecuting Authority agrees to reasonably cooperate with and work with the State's contractors, subcontractors and third-party representatives as requested by HHSC or OIG. To the extent permitted by OIG's financial and personnel resources, OIG agrees to reasonably cooperate with Local Prosecuting Authority.

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Texas Department of Health and Human Services Commission:

Signature

Douglas Wilson Printed Name:

Inspector General Printed Title:

99

Printed Nam1

District Attorney Printed Title

Date:

Approved:

-,C",lu;auv,-"J"el!n"kjJi Du.;S"-____ 'County Judge

-'O""a:L1Lluacs'--________ 'County, Texas

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100

June 21, 2011

MISCELLANEOUS

1) COUNTY AUDITOR - requests the following:

a) requests approval for the change fund for the County Clerk's records supervisor stationed in the George Allen, Jr. Courts Building be established at $ I 50 as allowed by V.T.C.A., Local Government Code §130.902.

b) Honorable John F. Warren, County Clerk requested a change fund for a County Clerk records supervisor operating out of the George Allen, Jr. Courts Building. A supervisory change fund amount decreases the need to turn away cash paying customers without exact change, but desiring to obtain copies in the George Allen, Jr. Courts Building. The County Auditor recommends that a change fund be established at $150 for the County Clerk's records supervisor stationed in the George Allen, Jr. Court Building as allowed by V.T.c.A., Local Government Code 130.902.

c) A Year to Date review of overtime, part time, compensatory time earned, and leave taken for the period 09/2511 0 to 06/0311 1 has been performed. Reports are available on the Dallas County web site on the Auditor's home page. http://www.dallascounty.org/department/auditor/TimeAnalysis.html)

MISCELLANEOUS EQUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.

(1) DEPARTMENT:

ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

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District Attorney's Office - Apprehension & Prosecution of Domestic Violence & Sexual Assault Offenders 1 - Logitech Wireless Wave Combo MK550 $288 Within Budget 466.0000.02090.2010 (Grant Fund, District Attorney Office, Property less than $5,000, FY2011)

PROPOSED ACTION:

(2) DEPARTMENT:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(3) DEPARTMENT:


PROPOSED ACTION:

(4) DEPARTMENT:

ESTIMATED COST:

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1 0 1

The District Attorney's Office is requesting authorization to purchase the above listed item for the Apprehension Grant #6019 which was court ordered on September 7, 20 I 0 and assigned court order number 2010 - 1480. Recommended by the Office of Budget and Evaluation.

Health & Human Service - CPS Bioterrorism Preparedness I - Dell $290 Within Budget 466.0000.02090.2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY201!) The Health & Human Services Department is requesting authorization to purchase the above listed item for the CPS Bioterrorism Preparedness - Grant #8723, which was court, ordered on July 13, 2010 and assigned court order number 20 I 0 - 1170. Recommended by the Office of Budget and Evaluation.

Health & Human Service - HPRP I - HMIS System $3,874 Within Budget 466.0000.02095.2009 (Grant Fund, Health & Human Services, Property less than $5,000, FY201 ]) The Health & Human Services Department is requesting authorization to purchase the above listed item for the HPRP - Grant #9602, which was court, ordered on May 12, 2009 and assigned court order number 2009 - 0891. Recommended by the Office of Budget and Evaluation.

Health & Human Service - RLSS Local Public Health System I - Health guard Employee Health and Personal Hygiene I - Emerging Infectious Diseases Book for Chief Epidemiologist I - Red Book Atlas of Pediatric Infectious $310

FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(5) DEPARTMENT:

ESTlMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(6) DEPARTMENT:


PROPOSED ACTION:

(7) DEPARTMENT:

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Within Budget 466.0000.002950.2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY2011) The Health & Human Services Department is requesting authorization to purchase the above listed items for the RLSS Local Public Health System - Grant #8712, which was court, ordered on August 3, 2010 and assigned court order number 2010 - 1280. Recommended by the Office of Budget and Evaluation.

Health & Human Service - Section 8 Reserve 1 - Wheeled Cooler $150 Within Budget 467.0000.002090.2004 (Grant Fund, Health & Human Services, Property less than $5,000, FY201l) The Health & Human Services Department is requesting authorization to purchase the above listed item for the Section 8 Reserve - Grant #8050, which was court, ordered on December 18, 2001 and assigned court order number 2001 - 2428. Recommended by the Office of Budget and Evaluation.

Health & Human Service - TB - State 1 - Shelf Bookcase I - 4 Shelf Bookcase $530 Within Budget 466.0000.002090.2011 (Grant Fund, Health & Human Services, Property less thml $5,000, FY201l) The Health & Human Services Department is requesting authorization to purchase the above listed item for the TB State - Grant #8701, which was court, ordered on August 24, 2010 and assigned court order number 2010 - 1394. Recommended by the Office of Budget and Evaluation.

Health & Human Service - Cities Readiness Initiative 2 - Barricade Type II 6' Panels w/2 A-Frame Legs


PROPOSED ACTION:

(8) DEPARTMENT:


PROPOSED ACTION:

(9) DEPARTMENT:


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4 - Barricade Type II 10' Panels w/2 A-Frame Legs $640 Within Budget 466,0000,002090,2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY201 ]) The Health & Human Services Department is requesting authorization to purchase the above listed items for the Cities Readiness Initiative - Grant #8725, which was court, ordered on July 27, 2010 and assigned court order number 2010 - 1229. Recommended by the Office of Budget and Evaluation.

Health & Human Service - Tuberculosis Prevention and Control Fee Control Fe 1 - 5 Shelf Bookcase 1- 4 Shelf Bookcase $520 Within Budget 466,0000,002090.2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY2011) The Health & Human Services Department is requesting authorization to purchase the above listed items for the Tuberculosis Prevention and Control Fe - Grant #8707, which was court, ordered on January 4, 2011 and assigned court order number 2011 - 036, Recommended by the Office of Budget and Evaluation.

Health & Human Service - (HSGP) Urban Area Security Initiative 18 - Backpack Survival Kit $1,800 Within Budget 466,0000,002090,2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY201l)

PROPOSED ACTION:

(10) DEPARTMENT: ITEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

(11) DEPARTMENT:

ITEMS:

ESTIMATED COST: FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACTION:

(12) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(13) DEP ARTMENT: ITEMS:

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The Health & Human Services Department is requesting authorization to purchase the above listed item for the Urban Area Security Initiative - Grant #4107, which was court, ordered on December 14, 20 I 0 and assigned court order number 20 I 0 2056. Recommended by the Office of Budget and Evaluation.

Constable Precinct 4 (Williams) 18 - Civil Process for Texas 2011 - 2012 ($32 each) $576 State Forfeiture 532.0.2130.0.91052 (State Forfeiture) Constable Williams requests the Civil Process handbook to be used by all Deputies and Executive Staff Recommended by the Office of Budget and Evaluation.

Community Supervision Corrections Department (CSCD) I - Executive High Back Chair ($258.08) 1 - Secretary Chair with Arms ($327.61) $586 Reserves and Contingency, Furniture and Equipment 120.3320. 2090 (General Fund, CSCD, Property Less than $5.000) CSCD requests authorization to purchase the two replacement chairs for use at their West Office. The chairs are to replace existing broken chairs. Recommended by the Office of Budget and Evaluation.

195'h Criminal District Court (Tinsley) 2 - Side Arm Chairs ($141 each) $282 DDA 120.4415.2090 (General Fund, 195'h Criminal District Court, Property Less than $5.000) Judge Tinsley requests authorization to purchase two chairs for his courtroom. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 2 - Verbatim Acclaim 320GB External Drives

ESTIMATED COST: FUNDING SOURCE: PROPOSED ACTION:

(14) DEPARTMENT ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:



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$150 195.0.02093.0.0.92055 (Hardware Refresh) The Office of Information Technology requests Commissioner's Court approval to purchase two external data drives for use by the Quality Assurance team. The drives will be used for data storage and portability. Funding is available in 195.0.02093.0.0.92055 (Hardware Refresh). Recommended by the Office ofInformation Technology.

Office ofInformation Technology 15 Large Size Computer Monitors ($500 each) $7,500 Within Budget 195.0.2093.0.0.92055 (Major Technology Fund, Computer Hardware Less than $5000 Hardware refresh) The above items have been requested by the County Clerk's Office to be used by the Judges and Coordinators for a total cost of $7,500. Recommended by the Office of Information Technology.

District Attorney's Office 1 - Desk 22 - Chairs 3 - Printer Stands 2 - Long Rectangle Shelf 2 - Small Shelf 5 - Legal File Cabinet NA Surplus Surplus The District Attorney's Office requests to transfer the listed equipment and furniture from surplus to the District Attorney's Office. Recommended by the Office of Budget and Evaluation.



(17) DEPARTMENT: ITEM: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:



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Office ofInformation Technology 2 - 6 f1 Computer Tables Grey Metal 2 - Metal Cabinets 1 - Arm Chair 1 - Desk NA Surplus Surplus The Office of Information Technology requests to transfer the listed equipment and furniture from surplus to their area in the Frank Crowley Courthouse. Recommended by the Office of Budget and Evaluation.

Road and Bridge #3 1 - Window AIC Unit ($1,082) $1,082 Within Budget 105.2530.2640 (Road and Bridge Fund, Road Precinct 3, Maintenance I Labor on Office I Building) Road and Bridge #3 is requesting authorization to purchase the above listed item(s) for a total cost of $1,082. The window AlC unit is needed at Road and Bridge #3 as a replacement. Recommended by the Office of Budget and Evaluation.

Facilities Management 2 - Inlet Valve Muller ($210 each) 2 - External Water Filter ($210 each) 1 - DJ Water Line Repair ($328) 1 - Ice maker wi Bin ($1,705) 1 - Fan Coil ($798) 2 - Temperature Gauge ($50 each) 1 - Cooling Tower Motor ($3,390) $7,161 Within Budget 120.1022.2670 (General Fund, Facilities Management, Maintenance)

PROPOSED ACTION:

(19) DEPARTMENT: ITEM: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(20) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

(21) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE:

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Facilities Management IS requesting authorization to purchase the above listed item(s) for a total cost of $7,161. The two (2) inlet valve mullers and the two (2) external water filters are needed as replacement parts for speed queen washers at Cook Chill, The D,L water line repair is needed for the water lines at SWIFS. The ice maker is needed as a replacement in the Administration building. The fan coil unit is needed for the ASC parts room at Road and Bridge # 1. The two (2) temperature gauges are needed as replacements for the cold water tank at the Cook Chill facility. The cooling tower motor is needed as a back-up motor for Cooling Tower #3 at the Henry Wade facility. Recommended by the Office of Budget and Evaluation.

Facilities Management 1 - Bruck Lighting ($80) $80 Within Budget 120.1022.2690 (General Fund. Management. Hardware and Supplies)

Facilities Electrical

Facilities Management IS requesting authorization to purchase the above listed item(s) for a total cost of $80. The lighting is needed for repairs at Old Red. Recommended by the Office of Budget and Evaluation.

Probate Courts 15 - Grey Chair $0 Surplus Surplus Probate Courts are requesting authorization to transfer fifteen (15) grey chairs from surplus inventory to the 4th floor of the Records Building for additional wait area seating. Recommended by the Office of Budget and Evaluation.

CSCD 5 - File Cabinets $0 Surplus

EXPENDITURE SOURCE: PROPOSED ACTION:

108

Surplus CSCD is requesting authorization to transfer five file cabinets from surplus inventory to CSCD. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICATIONS

Health & Human Services - Ml106016 - request long distance code for Venus Dukes. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Probate Court #3 - Ml106020 - request long distance code for Z. Lewis. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department 1023, line item 7214.

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dallas county commissioners court june 21, 2011 ...€¦ · 21/06/2011 · briefing agenda june...

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