Dallas County Military SUV Memo

10/1/2013
1

DALLAS COUNTY COMMISSIONERS COURT
BRIEFING AGENDA

October 1, 2013

REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS.

1. JUVENILE

a) Request to extend FY 2012-13 Juror Fund Allocations ................................. 5-6

b) Youth Service Advisory Board Juror Fund Recommendation
for Fiscal Year 2014 .......................................................................................... 7-10

c) Amendment of the Brookhaven Youth Ranch Residential Services
Contract to Include Intensive Level Services............................................. 11-12

d) FY2014 Contract with Southwestern Medical Center for
Psychological Services .................................................................................. 13-14

e) Juvenile Detention Alternative Initiative Professional Services
Contract ........................................................................................................... 15-16

f) Request to Reimburse MY GIRLS, Inc. for Services Rendered
in FY2013 ......................................................................................................... 17-18

g) Compensation by Cardea Services .............................................................. 19-20

2. SHERIFF

a) Acceptance MRAP (Mine-Resistance Ambush Protected)
Tactical Vehicle .............................................................................................. 21-24

b) Agreement with Texas Department of Transportation for
HOV Lane Enforcement ............................................................................... 25-48

10/1/2013
2

3. ELECTIONS

Initiative to Use DPS Database to Reconcile Dallas County Voter Records ..... 49-75
(COURT ORDER ON FORMAL AGENDA)

4. PURCHASING

a) Annual Contract Extensions ...................................................................... 76-103
SOQ No. 2010-065-5119 Professional Elevator Consultant Services
RFP 2010-072-5146 Financial Audits of Dallas County, Community
Supervision & Corrections and the Juvenile Board
Bid No. 2011-104-5734 Purchase of Paper Towels, Toilet Paper, Seat
Covers, Trash Bags and Related Items
Bid No. 2012-012-5794 Annual Contract for Janitorial Services for the
Southwestern Institute of Forensic Sciences/Office of the Medical
Examiner Facility
Bid No. 2013-003-6169 Annual Contract for Asbestos/Lead/Mild/
Assessment/Consultant Services
Bid No. 2013-007-6188 Annual Contract for the Purchase of
Mattresses for the Detention Facilities

b) Request for Proposal Ground Mosquito Spraying (DCHHS) .......... 104-133

c) Discretionary Exemption for the Purchase of Robotic Liquid
Handling Workstations for DNA Sample Processing .......................... 134-136

5. PUBLIC WORKS

a) Cooperative Data Program Participation Agreement Between
Dallas County Public Works and North Central Texas Council
Of Governments......................................................................................... 137-144

b) Resale of Tax Foreclosed Property at 319 Woodhaven Blvd.,
Duncanville, Texas Via Private Sale........................................................ 145-147

c) Resale of Tax Foreclosed Property at 940 Pine Tree Lane,
DeSoto, Texas Via Private Sale ................................................................ 148-150

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6. INFORMATION TECHNOLOGY

Microsoft Development Network License ......................................................... 151-152

7. COMMUNICATIONS AND CENTRAL SERVICES

a) AT&T GigaMan Circuits at 2121 Panoramic Circle, Dallas, Texas
75212 and 2600 Lone Star, Dallas, Texas ................................................ 153-162

b) Mobile & Paging Device Policy County Code Posting ........................ 163-165

8. COUNTY CLERK

a) Expansion of the Administration Building WiFi Network
Floors Four and Five ................................................................................. 166-167

b) Development of App Store for Clerks Office ....................................... 168-197

9. BUDGET

a) Conference/Travel/Training Requests .................................................. 198-201

b) Public Defender Wrongful Conviction Program Grant
Award Notification ................................................................................... 202-208

10. INFORMATION ....................................................................................................... N/A

Jail Population Report
Office of Budget & Evaluation-Reserve Balance ReportSeptember 25, 2013
County Auditor-Bid Contracts-Insurance Exceptions as of September 25,
2013
Health & Human Services - HHS Updates

11. Miscellaneous, Miscellaneous Equipment, and
Telecommunications Requests ......................................................................... 209-212

12. PUBLIC COMMENTS

Speakers ...................................................................................................................... N/A
10/1/2013

4

DATES TO REMEMBER

The 50
th
: HONORING THE MEMORY OF
PRESIDENT JOHN F. KENNEDY

County Holiday Friday, November 22, 2013
Date:
To:
From:
Subject:
DALLAS COUNTY
JUVENILE DEPARTMENT
5
" f' I." , Dr. Terry S. Smith
L i-\ ., L i:i S ',< J UI tlrbctor Juvenile Services
) fd?iM j;;QJ,IileTProbation Officer
"'-'-. "
!,,-,-'-
Henry Wade Juvenile Justice Center 13 SEP 25 Pfl 12: 41
2600 Lone Star Drive, Box 5 Dallas, Texas 75212
MEMORANDUM
October 1, 2013
Dallas County Commissioners Court
Dr. Terry S. Smith, Director
Request to extend FY 2012-13 Juror Fund allocations
Background of Issue:
The Dallas County Juvenile Board approved this request at its September 23, 2013 meeting (Juvenile Board
Order No. 2013-107).
The Juror Fund program began in FY1991 and allows jurors the option of donating their juror per diem back to
Dallas County. Administrative management of the Juror Fund program has been facilitated by the Youth Services
Advisory Board (YSAB) with the assistance of the Contract Services division of the Dallas County Juvenile
Department. Throughout FY 2012-13, the Dallas County Juvenile Board and the Dallas County Commissioners
Court approved programs that serve youth involved with the Dallas County Juvenile Department to receive
funding from the Juror Fund. The following programs will be unable to spend all of their allocation by the end of
the fiscal year:
1. GED Program
2. Do the Write Thing
3. Black History Committee
4. Hispanic Committee
5. Girls Group
6. Mental Health Court
7. ESTEEM Court
8. Residential Drug Treatment
9. Substance Abuse Unit
10. Drug Court Diversion Program
11. Diversion Male Court
12. Psychology Division
13. Family and Child Guidance Center
The purpose of this brief is to approve the extension of their funding from the Juror Fund through December 31,
2013.
Impact on Operations and Maintenance:
Requests for payments related to these initiatives will continue to be processed by Contract Services and will be
executed in accordance with Dallas County policy.
To assist referred youth in becoming productive,
law abiding citizens, while promoting public safety and victim restoration.
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6
Request to extend FY 2012-13 Juror Fund allocations Page 2
Strategic Plan Compliance:
This request cDmplies with VisiDn 3: Dallas is safe, secure, and prepared, by expanding dispositiDn alternatives
with regard tD treatment for YDuth/families invDlved in the juvenile justice system.
legal Information:
The Juvenile Department dDes nDt anticipate any legal impact regarding this request.
Financial Impact/Considerations:
There was $245,850.46 allocated from the Juror Fund during Fiscal Year 2012-13. The remaining balance tD be
spent by the prDgrams listed abDve by December 31, 2013 is $58,015.82.
Performance Impact Measures:
There are nD specific perfDrmance measures fDr this request.
Project Schedule/Implementation:
The programs mentioned above will have until December 31, 2013 tD spend their remaining allocation.
Recommendation:
It is recommended that the Dallas County Commissioners Court approve the extension to expend Fiscal Year
2012-13 juror fund allocations to December 31, 2013.
Recommended by:
Dr. Terry S. 5 ith, Director
Dallas County Juvenile Department
214-698-2200 Office 214-698-5508 Fax
Date:
To:
From:
Subject:
DALLAS COUNTY
JUVENILE DEPARTMENT
7
{'" ,'" ('"'_ i !.J Dr. Terry S. Smith
,) 1._, U U J 1 T Y Director juvenile Services
SCOUR IChiefjuvenile Probation Off,cer
Henry Wade Juvenile Justice Center 13 SEP 25 P1112: 41
MEMORANDUM
October 1, 2013
Youth Service Advisory Board Juror Fund Recommendation for Fiscal Year 2014
The Dallas County Juvenile Board approved this request at its September 23, 2013 meeting (Juvenile Board
Order No. 2013-102).
The Juror Fund program began in FY1991 and allows jurors the option of donating their juror per diem back to
Dallas County. Juror Fund monies designated for the Dallas County Juvenile Department's use are allocated to
service programs that focus on new or innovative approaches in assisting youth and the provision of services
which are not currently provided through the County budget. To date, Juror Fund contributions directed for the
Juvenile Department have provided service programs, such as after school tutoring, art therapy, intensive family
therapeutic interventions, substance abuse interventions, as well as truancy reducf,on initiatives. Administrative
management of the Juror Fund program has been facilitated by the Youth Services Advisory Board (YSAB) with
the assistance of the Contract Services division of the Dallas County Juvenile Department. Final approval of
funding initiatives is granted by the Dallas County Juvenile Board and Commissioners Court.
At its September 9,2013 board meeting, YSAB approved the following allocation for juror funds for:
.Initiativ.e
' .
.
,.... ... .. '.' .......
Allocated Amounts'
Life Create* Workshops $ 10,671.35
North Texas Food Bank School Pantry Program at AAE $ 39,138.00
Cafe Momentum Retail Services and Food Handler Courses
at the DRC $ 30,240.00
Evening Reporting Center Pilot Program
$ 14,400.00
Medlock and Youth Village Audio Visual Enhancements
$ 3,147.42
Detention Honors Progra m $ 11,249.55
Holiday Programs for Probation and Institutions $ 21,200.00
Total Allocation $ 130,046.32
The purpose of this briefing is to request authorization to fund the initiatives as allocated by the YSAB. A
detailed description of these FY 2014 initiatives and its allocation is induded in this briefing as Attachment: Juror
Fund Grant Descriptions.
The current request will enhance services to youth. Requests for payments related to these initiatives will
continue to be processed by Contract Services and will be executed in accordance with Dallas County approval.
214-698-2200 Office 214-698-5508 Fax
8
Youth Service Advisory BoardJuror Fund Recommendation for Fiscal Year 2014 Page 2
In addition, all grant applications are submitted through Juvenile Department administration for presentation to
the YSAB for consideration for grant award.
This request complies with Vision 3: Dallas is safe, secure, and prepared, by expanding disposition alternatives
with regard to treatment for youth/families involved in the juvenile justice system.
Legal Information:
Approval from the Dallas County Juvenile Board and Dallas County Commissioners Court is required for
allocation and expenditure of Juror Funds.
All initiatives related to this request will be supported by the Juror Fund.
There are no specific performance measures for the YSAB Juror Fund allocation recommendations.
Recommendation:
It is recommended that the Dallas County Commissioners Court approve the Youth Services Advisory Board's
allocation of juror funds for FY 2014, in the amount of $130,046.62.
Recommended by:
I ~
Dr. Terry S. S I th, Director
Dallas Coun Juvenile Department
214-698-2200 Office 214-698-5508 Fax
9
Attachment: YSAB Juror Fund Grant Descriptions September 2013
1. Life Create* Workshop: $10,671.35
Dr. Renee Walker, JDAI Coordinator will coordinate and implement these workshops for youth
residing in Dallas County Juvenile Department institutions. The goal of Life Create' Workshop is
to nourish youth's innate capacities to "bring all they have" to face and navigate the twists and
turns of life, both as individuals and in teamwork, such that students feel the value of
themselves and the possibility of newness being within them, learn decision-making and
collaboration, and the capacity to impact their world through communal democracy. The Life
Create' Workshop's will provide these research-proven driving skills: (1) soma-psyche body
work and improvisation, (2) meditation/centering rituals, (3) integrated service learning and (4)
nature engagement, which work together to move participants deeper into their growth journey
of daily life.
2. North Texas Food Bank: $39,138.00
The purpose of this grant is to provide hunger-relief to students during times when school
feeding programs are unavailable. Funds will be directed to the coordination and
implementation of an onsite school pantry that provides nutritious food and personal hygiene
items to students at AAE. The school pantry will be housed at the Day Reporting Center Campus
of the Academy for Academic Excellence.
3. Cafe Momentum: $30,240.00
This grant will enable Cafe Momentum to operate two life and job skills training classes-food
handler course and retail training certification at the Day Reporting Center (DRC) AAE Campus.
This grant will provide for the cost of the tuition for youth for both classes. Having access to the
tuition funding allows Cafe Momentum to schedule and run each class four times in the fall and
four times in the spring of each school year, allowing us to serve 240 youth per year at the DRe.
Cafe Momentum will be able to work with most, if not all, of the youth who meet the
qualifications each school year.
4. Evening Reporting Center Pilot Program: $14,400.00
This grant helps establish a pilot Evening Reporting Center Program. This grant will cover the
costs of healthy dinners for youth in the program. The intended purpose of the Evening
Reporting Center is to decrease the rate of technical violations in Districts six and seven and
limit detentions by providing an alternative in the community.
S. Medlock and Youth Village Audio Visual Program Enhancements $3,147.42
This grant will be utilized to purchase audio visual equipment for all of the resident's living areas
at Lyle B. Medlock and Dallas County Youth Village. This equipment will allow all youth to view
10
Attachment: YSAB Juror Fund Grant Descriptions September 2013 Page 2
the same information simultaneously and engage in group discussions. This fills the funding gap
from a grant given by the Union Pacific Foundation earlier this year.
6. Detention Honors Program: $11,249.55
The purpose of this grant is to strengthen the current Honors Program in Detention. It will assist
youth in detention maintain positive behavior. It will offer Honors residents the opportunity to
earn beneficial rewards during their detainment.
7. Holiday Program: $21,200.00
Probation and institutional programs within the Dallas County Juvenile Department will use this
funding for holiday programs. Funding will be used to purchase gifts and other needed hOliday
items. The Dallas County Juvenile Department expects to serve approximately 1000 youth this
holiday season.
Date:
To:
From:
Subject:
DALLAS COUNTY
JUVENILE DEPARTMENT
Henry Wade Juvenile Justice Center
11
2600 Lone Star Drive, Box 5 Dallas, Texas
MEMORANDUM
October 1, 2013
Dr. Terry S. Smith
Director Juvenile Services
Chief Juvenile Probation Officer
Amendment of the Brookhaven Youth Ranch Residential Services Contract to Include Intensive
Level Services
The Dallas County Juvenile Board approved this request at its September 23, 2013 meeting. The Dallas County
Juvenile Department (DCJD) historically contracts with community-based providers for standard residential
treatment services. At its August 26, 2013 meeting, the Juvenile Board authorized renewal of twenty-three (23)
residential services contracts for utilization as placement options during FY2014 (Order No. 2013-090). The
renewed contracts were awarded under Request for Proposals Nos. 2011-080-5619 and 2012-077-6080.
The Juvenile Department is seeking residential placement for a thirteen (13) year old male, who is in need of sex
offender treatment services. The Department contracts with five (5) facilities for sex offender treatment. Four
of the five facilities deemed the youth inappropriate for placement as indicated below:
l!J1
'Facility
I
.
'. " ..... "
'./leason tor;Denial '.'
.
. '.
1 Burke Center for Youth
(Burke Foundation) Severe mental health issues (homicidal ideations and auditory
hallucinations); Youth is believed to be hyper-sexual and would
be a risk to his peers and himself.
2 Everyday Life The youth warrants a more secure placement.
~
Pegasus Schools, Inc. Psychiatric issues that cannot be addressed at the facility.
rJ
Rockdale Regional JJC Severe mental health issues and severe sexual acting out.
Brookhaven Youth Ranch accepted the youth at intensive level services. However, the contract between Dallas
County and Brookhaven allows for reimbursement for moderate and specialized service levels only. The Juvenile
Department believes that placement at Brookhaven Youth Ranch would be in the best interest of the youth.
Thus, the purpose of this briefing is to request approval of the Juvenile Board to amend the residential services
contract with Brookhaven Youth Ranch to allow for the provision of intensive level services.
The Contract Services Unit will continue to administer and monitor these contracts. Field and Assessment
Probation Officers will refer youth to these programs.
214-698-2200 Office 214-698-5508 Fax
12
Amendment of the Brookhaven Youth Ranch Residential Services Contract Page 2
legal Information:
The contract amendment document was developed by the Juvenile Department's Contract Services division and
is included in this brief as Attachment One. The document was reviewed and approved as to form by Assistant
District Attorney, Denika Caruthers. The contract amendment will require the signature of the Chairman of the
Juvenile Board and the Dallas County Judge.
The contract amendment will allow for provision and reimbursement of intensive level services at a per diem
rate of $235.85.
Dallas County funding will be utilized from the Juvenile Department's 5110 budget and by grants provided by the
TexasJuvenileJustice Department and Criminal Justice Division.
The Department continues to make every effort to place IV-E eligible youth in appropriate IV-E approved
facilities as we receive partial placement reimbursement from the Texas Juvenile Justice Department.
Brookhaven Youth Ranch is a Title IV-E approved facility.
The Texas Juvenile Justice Department requires that grant recipients have performance goals and objectives
included in all service provider contracts. Brookhaven Youth Ranch will be notified of these targets and
informed that their performance and individual evaluation will be based on these measures. Contract Services
staff will evaluate the contractor's ability to achieve set performance standards as it relates to length of stay,
successful program completion, and recidivism.
Project Schedulellmplementation:
The contract amendment will be effective upon final execution of the contract documents. The Juvenile
Department does not anticipate any program interruptions as a result of this action. The Department anticipates
that the youth will be admitted into Brookhaven on or after October 13,2013.
Recommendation:
It is recommended that the Dallas County Commissioners Court approve the Juvenile Department's request to
amend the residential services contract with Brookhaven Youth Ranch to include 'lntensive level services at a per
diem rate of $235.85.
Recommended by:
Dr. Terry S. Smit ,Director
214-698-2200 Office 214-698-5508 Fax
Date:
To:
From:
Subject:
DALLAS COUNTY
JUVENILE DEPARTMENT
Henry Wade Juvenile Justice Center
13
MEMORANDUM
October 1, 2013
Dr. Terry S. Smith
0/\ 1_
c [) tditMO WIker
13 SEP 25 PI'i I: 48
FY2014 Contract with Southwestern Medical Center for Psychological Services
The Dallas County Juvenile Board approved this request at its September 23, 2013 meeting; the Juvenile
Department contracts with the University of Texas Southwestern Medical Center to assist in the provision of
psychological services, including psychological screening, testing and evaluation, crisis intervention, and psycho-
educational training for families, counseling, and consultation services. The Juvenile Department utilizes doctoral
level interns to respond to requests for psychological screens and evaluations on a cost effective and timely
basis.
The Juvenile Board approved an inter-local agreement with the University of Texas Southwestern Medical Center
in July, 2011, which allows for four additional one-year renewals upon written mutual agreement of both
parties. Dallas County has agreed to exercise the second of the four additional one year renewals with The
University of Texas Southwestern Medical Center. The Juvenile Board previously approved the contract at its July
22nd Juvenile Board meeting. Recently, Dallas County was informed by the medical center that their increase in
the cost of student health insurance will be allocated to their students' stipends. Therefore, the medical center is
requesting practicum placement sites to increase the annual contract amount to help cover these additional
costs to the program; the contract amount increased from FY2013 - $54,000 to FY2014 - $69,705. This rate will
be adjusted in the FY2014 budget. The Juvenile Department desires to continue the contract with the University
of Texas Southwestern Medical Center; the purpose of this briefing is to request the Juvenile Board's approval to
ratify the contract to allow for the purchase of adjunctive psychological services in the amount of $69,705.
This briefing requests Commissioners Court approval to enter into the inter-local agreement for the period of
September 1, 2013, through August 31, 2014.
Without the services provided through this contract, Court proceedings could possibly be delayed as placement
recommendations/decisions cannot be completed without psychological screens and evaluations. Moreover,
the utilization of interns serves as a vital function to extending the services available to youth and families by
maximizing the service delivery system of the full-time staff. In addition, with the initiatives associated with the
Annie E. Casey Foundation Juvenile Detention Alternatives Initiatives (JDAI) there has been an i.ncreased
emphasis on rapid assessment thereby establishing the need for the services offered by the interns.
214-698-2200 Office 214-698-5508 Fax
14
UT Southwestern Interns 2014 Page 2
Legal Information:
The agreement has been approved as to form by the District Attorney's Office, Assistant District Attorney,
Denika Caruthers.
Funding for the purchase of psychological services under this contract is available from the TexasJuvenile Justice
Department grant funds and the Juvenile Department's budget. The University of Texas Southwestern Medical
Center shall provide a minimum of 5,155 hours for psychological services at the rate of $13.52 per hour, not to
exceed $69,705 for the contract period. This rate is an increase in the amount of $15,705 from the FY2013
contract rate. The Juvenile Department will pay for these services in equal monthly payments, understanding
that a disproportionate number of hours will be provided during the months of June, July, and August.
Project Schedule/lmplementation:
The term of the inter-local agreement/contract is from September 1, 2013, through August 31, 2014.
Recommendation:
It is respectfully recommended that the Dallas County Commissioners Court approve the second of the four
additional one year renewals with The University of Texas Southwestern Medical Center of the Inter-local
agreement between the Juvenile Department and the University of Texas Southwestern Medical Center for an
amount not to exceed $69,705. It is further recommended that the Dallas County Commissioners Court
authorize the Juvenile Board Chairman to execute related documents.
Recommended by:
ith, Director
Juvenile Department
214-698-2200 Office 214-698-5508 Fax
Date:
To:
From:
Subject:
15
Dr. Terry S. Smith
DALLAS COUNTY
JUVENILE DEPARTMENT lJ ;\ !,._ ,,, 1-\ ,.J U I'i T Y Director Juvenile Services
-; n Vi ! Co, ! n : ..{ R S CO U R Juvenile Probation Officer
Henry Wade Juvenile Justice Center 11 SI='P:l e PI"l I: 48
2600 Lone Star Drive, Box 5 Dallas, Texa's 7521'2
MEMORANDUM
October 1, 2013
Juvenile Detention Alternative Initiative Professional Services Contract
In May of 2006, the Juvenile Board approved participation in the Juvenile Detention Alternatives Initiative (JDAI)
sponsored by the Annie E. Casey Foundation (AECF).
The designation as a JDAI replication site initially included a three-year grant award payable in increments of
$100,000 for each year of implementation. June 30, 2009, was scheduled to be the last day of the grant.
October 1, 2013, is the beginning of the eighth year of JDAI project. The Annie E, Casey Foundation is in the
process of determining the eighth year funding for maintenance of the implemented initiat'ives. Local sites such
as Dallas County will receive a smaller award than state sites for maintenance.
Thus, the purpose of this briefing is to seek approval for continued participation in the JDAI project sponsored by
the AECF, approval of a professional services contract with Dr. Renee Walker for coordination of the JDAI
project. Additionally, the appointment of Virginia Porter, County Auditor, as "Authorized Financial Personnel"
for financial documents associated with the JDAI AECF grant. The Dallas County Juvenile Board approved this
request at its September 23,2013 meeting.
The JDAI Coordinator - Dr. Renee Walker, will continue to assist in compiling qualitative and quantitative data
required for the completion of the JDAI project. The Juvenile Department continues to make progress in
validating the Risk Assessment Instrument (RAI), which assist in objective decision-making with regard to risk
thereby increasing the likelihood that decisions about detaining youth in secure detention will be made based
upon risk as opposed to treatment, racial determinates or mental health needs. Additionally, the Department's
JDAI committees (Leadership, Ownership and Authority; Collecting and Analyzing Data; Alternatives to Detention;
Objective Admissions Policies and Practices; Case Processing Analysis and Changes; Reductions in Special
Detention Populations; Reductions in Racial/Ethnic Disparities and Disproportionate Minority Confinement;
Conditions of Confinement; and Gender Specific Groups) which include community stakeholders, juvenile judges,
attorneys, and juvenile department staff will continue to work in accordance to the development plan for year
eight,
with regard to treatment for youth/families involved in the juvenile justice system,
214-698-2200 Office 214-698-5508 Fax
16
fDAl Professional Service Contract Page 2
Legal Information:
The professional services contract with Dr. Renee Walker has been sent to the District Attorney's Office for
review and approval. Ms. Denika Caruthers has approved this contract to form.
FinanciallmpactlConsiderations:
As a result of the prior year's $28,348.34 rollover to year eight and the anticipated eighth year award of $15,000,
the total budget amount for the eighth year of the grant is approximately $43,348.34. The current professional
services contract budget totals $12,000 for the consultant. All funds are available from the Annie E. Casey
Foundation grant.
Recommendation:
It is recommended that the Dallas County Commissioners County approve the Juvenile Department's continued
participation in the JDAI project sponsored by the AECF. It is also recommended that the Commissioners Court
approve the professional service contract with Dr. Renee Walker as coordinator of the JDAI project.
Recommended by:
Dr. Terry S. S I h, Director
Dallas County uvenile Department
2146982200 Office 2146985508 Fax
Date:
To:
From:
DALLAS COUNTY
JUVENILE DEPARTMENT
17
Henry Wade Juvenile Justice Center, 3 SfP ? S P ~ l I: 48
2600 Lone Star Drive, Box 5 Dallas, Texas 7 ~ 2 1 2
MEMORANDUM
October 1, 2013
Dr. Terry S. Smith
Director Juvenile Services
ChiefJuvenile Probation Officer
Subject: Request to Reimburse MY GIRLS, Inc. for Services Rendered in FY2013
The Dallas County Juvenile Board approved this request at its September 23, 2013 meeting. The Juvenile
Department historically contracts with community'based programs to provide non-residential services for the
youth we serve. In FY2012, Juvenile Board authorized contract award to MY GIRLS, Inc. for gender specific
mentoring services for females under Request for Proposals # 2012-078-6081 (Order No. 2012-090).
Subsequently, the Juvenile Board approved renewal of the contract for FY2014 at its August 26, 2013 meeting
(Order No. 2013-091).
The original contract with MY GIRLS, Inc. was negoflated for a total of $36,000.00 for services to twenty (20) girls
under the Juvenile Department's jurisdiction. However, the Department's utilization of MY GIRLS, Inc. during
FY2013 revealed a greater need than anticipated with the reimbursement cost exceeding the $36,000.00
contract limit. MY GIRLS, Inc. offers the most comprehensive array of services for our female population under
the departments Non-Residential Service Program for FY2013. The department used MY GIRLS, inc. based on the
need to address specific programming of our female population.
In FY2014, Contract Services will monitor, forecast, and limit the amount of referrals to meet the contractual
specifications with MY GIRLS, Inc.
The purpose of this briefing is to request the approval from Commissioners Court to reimburse MY GIRLS, Inc. for
services rendered in excess of the contracted amount.
impact on Operations and Maintenance:
Contract Services has placed a temporary hold on new referrals to the service provider until October 1, 2013.
However, it should be noted that service delivery to youth currently enrolled in MY GIRLS, Inc. has not been
interrupted.
214-698-2200 Office 214-698-5508 Fax
18
Request to Reimburse MY GIRLS, Inc. for Services Rendered in FYZ013 PageZ
Legal Information:
The Juvenile Department does not anticipate any legal impact regarding this request.
Non-residential services are used for three (3) main populations: 1) youth who are released from Detention and
allowed to return home while awaiting Court; 2) youth on probation who have a need for support services to
improve their chances of successfully completing probation without needing placement; and 3) youth returning
to the community from residential placement whose aftercare plan indicates a need for support services.
If this request is approved, MY GIRLS, Inc. will be reimbursed for serviced delivered with funds from the Juvenile
Department's budget (5110), and through grants provided by the Texas Juvenile Justice Department (TJJD).
A total of $1,800.00 is needed to supplement the original contract amount of $36,000.00.
Project Schedule/Implementation:
MY GIRLS, Inc. will continue service delivery to current program participants without interruption. New referrals
to the program will resume on or after October 1, 2013.
Recommendation:
It is recommended that the Dallas County Commissioners Court approve the Juvenile Department
recommendation to reimburse MY GIRLS, Inc. the amount of $1,800.00 for services rendered in FY2013.
Recommended by:
Dr. Terry S. Smith irector
Dallas County Juv nile Department
214-698-2200 Office 214-6985508 Fax
19
DALLAS COUNTY
JUVENILE DEPARTMENT
Dr. Terry S. Smith
L f\ ;,_ :l" /\ ~ , U H T Y Director Juvenile Services
: ~ o r-"'\ I''') ! : : , ' ~ ' : : ! D - ~ c R S COUf\dhiefJuvenile Probation Officer
Henry Wade Juvenile Justice Center 13 <::FP 2 r; PM 1: 48
2600 Lone Star Drive, Box 5 Dallas, Texas 7521t
MEMORANDUM
Date: October 1, 2013
To: Dallas County Commissioners Court
From: Dr. Terry S. Smith, Director
Subject: Compensation by Cardea Services
The Substance Abuse Unit (SAU) operates a 90 day out-patient drug treatment facility chemically dependent
youth. The Substance Abuse Unit's mission is to provide SUbstance abuse assessment, education and treatment
to youth from the community by assisting them with their personal development, improved family relationships
and educational enhancement. Studies have shown that there is a direct correlation between substance abuse
and risky sexual behavior. Youth that are under the influence of drugs and alcohol are more likely to practice
risky sexual behavior. In an effort to educate SAU participants on the prevention of pregnancy and sexually
transmitted infections and its correlation with drug and alcohol abuse, the Dallas County Juvenile Department
implemented an evidence-based curriculum from Cardea Services targeted at reducing risky sexual practices
among adolescent youth.
Cardea Services is an organization focused on training and organizational development of human service
organizations. Cardea Services received a federal grant to implement increase capacities of local community
partners to use evidence-based interventions/curricula to educate adolescents for the prevention of pregnancy
and sexually transmitted infections. Cardea Services partnered with Dallas County Juvenile Department to
implement these interventions, in a year-long pilot program.
The Dallas County Juvenile Board approved this program at its October 22, 2012 meeting (Juvenile Board Order
Number 2012-111).
Cardea Services provided an evidence-based curriculum that was incorporated in the 90 day SAU program.
Cardea Services conducted training for curriculum facilitators through an incorporated evidence based
curriculum. SAU staff implemented the evidence based program with fidelity. The program consisted of six, one
hour sessions over a 90 day period. Upon completion of the program Cardea Services will compensate the Dallas
County Juvenile Department $15,000 for implementing the program.
Legal Information:
A Memorandum of Understanding has been approved as to form by Assistant District Attorney Denika
Caruthers, Civil Section.
law abiding citizens, while promoting public safety and victim restorotion.
214-698-2200 Office 214-698-5508 Fax
20
Compensation by Cardea Services Page 2
Financiallmpact!Considerations:
Cardea Services will compensate Dallas County Juvenile Department Substance Abuse Unit for $15,000 when the
program is completed for additional programming and training,
Cardea Services will conduct an evaluation to determine program effectiveness, They will share results with the
Project Schedule/lmplementation:
Implementation of this project began in November 2012 and ended September 2013,
Recommendation:
It is recommended that the Dallas County Commissioners Court approve the compensation of $15,000 to the
Dallas County Juvenile Department Substance Abuse Unit by Cardea Services for additional programming and
training,
Recommended by:
214-698-2200 Office 214-698-5508 Fax
TO:
THROUGH:
FROM:
SUBJECT:
Background
21
"Proudly serving since 1846"
Dallas County Sheriff's Department
Lupe Valdez, Sheriff
Office of the Sheriff
FRANK CROWLEY CRIMINAL COURTS BUILDING
133 NORTH RIVERFRONT LB-31
DALLAS, TEXAS 75207-4313
September 24,2013
Commissioners Court
Ryan Brown, Budget Officer
Marlin Suell, Chief Deputy
Acceptance - MRAP (Mine-Resistance Ambush Protected) Tactical
Vehicle
On October 1, 2012 the Warrants Execution Division requested one (I) MRAPs (Mine-
Resistance Ambush Protected) Rhino tactical vehicles through the Defense Logistics Agency
(DLA), Texas 1033 Military Surplus Property.
-
.,
At the time, DLA advised all LEAs (Law Enforcement Agencies) requesting MRAPs that they
would be available for distribution after the 2012 election due to the MRAPS being demobbed
from Iraq.
Upon receipt of notification that MRAPs are available, LEAs have three (3) hours to accept a
vehicle.
CO[ to !lequire this vehicle is millimal alld lit the receiver's (nalia COlility Sheriff) expellse
(tnlllspoJrtillg, fllei, pailltillg alld regitnltioll).
MHAP
Up-armored 4-wheeled diesel operated vehicles with bullet proof windows, doors and tires.
Parts for MRAP tactical vehicle can be acquired from any international truck dealership.
MRAPs are considered commercial vehicles once they are designated as crime fighter vehicles
and transferred to law enforcement agencies.
22
4 ~ w h e e l e d ladkaii vehide WliS built 2007 had] 11,200 miles on ihille of pid<i-up.
ViN rmmber: W911L Y32073004. Etimated V!llhlle $600,000.00
Fort Hood MRAP representatives will provide training for operation of vehicle during transfer
and pick up by Dallas County Sheriff personnel.
MRAP Tactical Vehicle Specifications
Vehide Type 4-wheel drive Light Armor Tadical
MaxxPro Base
Engine 'Iype Internlitional DT530 (7400 Series) -
BliSic
Diesel
Trlinsmission Type Allison TJrlinsmission {3S0 Horsepower)!
4000 Sewics
Tire Type Filii Run (hllii! with !Il tire witlliml !Il tire
useful iml a catastrophic emergemlcy). Tile
imltemai tires extends dist:mee to about
50 miles
Best described as li Dump Tnlck witb li
personnel carrier body. Emlgine for
MAAf' is simillil" to thlit of 2 school bus
Ill' dump tmck
Maintenlince (Etimlited) Gas @ $200.00 month
Oil Chlinge every 5,000 miles
Update
MRAPs which are being distributed to LEAs have not been deployed to a combat zone per DLA.
They have only been used for state side training exercises.
The Dallas County Sheriff's Department took possession of their pre allocated MRAP on
Wednesday - September 4, 2013.
A party of three traveled to Fort Hood via squad car and picked up the MRAP, Deputy Bledsoe
(Dallas County Sheriff Flee Manager), Mr. Julio Cuin (Dallas County Fleet Manager) and SGT
Gregory Artesi (Sergeant - Warrants Execution).
An initial test of the MRAP tactical vehicle was to drive it back to Dallas as a method to ensure
its serviceability. The vehicle was driven by Deputy Bledsoe and Mr. Julio Cuin and exceeded
expectations.
2
23
Operational Impact
Having a tactical vehicle will not only provide warrants execution with the equipment to assist in
performing their jobs but will provide an overall safety arch.
Per ACS, a separate Fuel Man card will need to be issued by ACS once the MRAP becomes the
property of the Dallas County Sheriff.
Mr. Willie Calahan with ASC North conducted an iospection of the MRAP on Tuesday-
September 17, 2013 and reported the following:
MRAP appears to be in good shape
Oil Level is low but other fluid level are good
MRAP starts up and runs good
Can not inspect suspension or brakes due to the weight of the
vehicle
Currently no additional counties have requested use of the MRAP. In the event a request is made
for collaborative service a memorandum of agreement/understanding will be created between the
Dallas County Sheriffs Department and the requesting county or law enforcement agency.
Financial Impact
The composition of the 1033 Military Surplus Program does not require Law Enforcement
Agencies (LEAs) pay the Defense Logistics Agency (DLA) for the equipment. Law
enforcement agencies are responsible for any cost including transport of the equipment, fuel (if
applicable), registration and painting (if applicable).
Strategic Plan
Providing the Warrants Execution Division with an MRAP tactical vehicle is aligned with Vision
3 Dallas County is Safe, Secure and Prepared and Strategy 3.1 Synergize Public Safety Programs
and Services across Dallas County.
Recommendation
Request that the Dallas County Commissioners Court oblige the Warrant Execution Division to
acquire the MRAP 4-wheeled tactical vehicle for the safety of its missions and personnel at a
minimal cost and add the MRAP to the Dallas County Sheriff Fleet inventory.
~ .. ..
LUPEVALDEZ
SHERIFF
3
Respectfully Submitted,
~ ~ ~ . ~ A
Marlin Suell
Chief Deputy
Dallas Sheriff's Department
24
4
25
Memorandum
Dallas County Sheriff's Department
DATE: September 23, 2013
TO: Darryl Martin, Commissioners Court Administrator
FROM: Gary Lindsey, Assistant Chief Deputy, Operation Services
SUBJECT: Agreement with Texas Department of Transportation for HOV Lane Enforcement
OVERVIEW
The Texas Department of TranspOltation (TxDOT) is reassuming the operation and maintenance
of the HOV lanes in the Dallas district. The Dallas Area Rapid Transit (DART) previously
provided service to the HOV lanes with a motorist assistance program, maintenance,
enforcement and operation of the moveable barrier equipment. DART will no longer provide
services to the HOV lanes effective October I, 2013. TxDOT has asked the Sheriffs
Department to perform enforcement and incident management on certain parts ofthe HOV lane
system.
BACKGROUND
TxDOT has approached the Sheriffs Department about providing services to the HOV lanes.
TxDOT has requested the Sheriffs Department to assume the motorist assistance and
enforcement responsibilities DART formerly performed on the HOV lanes. TxDOT has
contracted out operation of the zipper barrier and for some of the HOV maintenance work.
The HOV lane corridors include the following with approximate locations and mileage:
1-30 (ERLT) from Good Latimer to Northwest Drive (10.8 miles)
I-35E (SRLT) from Houston Viaduct to Kiest Blvd (5.2 miles)
US-67 from 1-35E (SRLT) to Camp Wisdom Road (4.0 miles)
I
c
30 (Tom Landry) from Beckley to Center Street (16.5 miles)
1-35E (Stemmons) from FM 3040 to 1-635 interchange (8.5 miles)
26
US-75 (Central)from 1-635 to Bethany (13.5 miles)
I-635E (LBJ) from US-75 to Oates Drive (8.7 miles)
The HOV lanes listed are in the cities of Allen, Arlington, Carrollton, Dallas, Farmers Branch,
Garland, Grand Prairie, Lewisville, Mesquite, Plano, and Richardson.
Because the HOV lanes are in several counties, TxDOT was asked if the enforcement performed
by the Department be limited to the HOV lanes in the County. Discussions with TxDOT also
included several components for incident management and enforcement of the HOV lanes within
Dallas County.
I. The Sheriffs Department could assume enforcement and crash investigation on the HOV
lanes within the areas the Sheriffs Department currently patrols areas. (1-30 from Good
Latimer to Hwy 80, US-67 from I-35E to Camp Wisdom Road (4.0 miles) and the section
ofl-35 to remain open during the Horseshoe project. The Sheriffs Department would
perform HOV lane enforcement on IH-30 from Hwy 80 to Northwest Drive with
Mesquite and Garland Police Department's assuming crash investigation in the HOV
lanes within their city limits.
2. In addition, the Sheriffs Department would conduct HOV enforcement on US75 from
IH635 to the Dallas County Line and on IH 635 from US 75 to Oates. Each City would
assume crash investigation in the HOV lanes within their city limits (Dallas and
Richardson on US 75 and Dallas, Garland and Mesquite on 1-635).
3. The area ofT-30 from Beckley Avenue to the Grand Prairie city limits is closed for
reconstruction. The Sheriffs Department would also assume HOV enforcement and
crash investigation once the lanes reopen. DSO will perform HOV lane enforcement
west on 1-30 from the Grand Prairie city limits during those special event openings with
the City of Grand Prairie performing crash investigation functions in that area.
4. The HOV lanes on 1-35 from IH 635 to the Dallas County line are closed for
reconstruction until approximately 2017.
IMPACT ON OPERATIONS:
Personnel
This HOV program proposes adding one Senior Sergeant and 4 Deputies along with the
equipment needed for each.
Vehciles
The 1nterlocal agreement asks to add 5 vehicles for the HOV lane program as part of the budget
from TxDOT.
27
FINANCIAL:
The proposed budget is as follows (Attachment B):
FY-2014 FY-2015
PersoID1el $397,110 $397,110
Operations $129,500 $129,500
Indirects $ 23,390 $ 23,390
-------------- ---------------
TOTAL $550,000 $550,000
The total amount ofthe agreement for two years is $1,100,000.
LEGAL INFORMATION:
The Interlocal Agreement has been prepared by TxDOT and sent for review by the District
Attorney's Office.
STRATEGIC PLAN COMPLIANCE
This recommendation is consistent with the Dallas County Strategic Plan, Vision 3.1 Synergize
Public Safety Programs and Services Across Dallas County - Will ensure the continued support
and cooperation between TxDOT and Dallas County to enhance the safety and efficiency of
traffic management on the freeway systems.
RECOMMENDATION:
It is recommended that the approve the Interlocal Agreement with TxDOT for the Sheriff s
Department to provide certain services to the HOV lanes ..
Gary Lindsey
Assistant Chief Deputy
28
Texas Department of Transportation
4777 East Highway 80, Mesquite, Texas 75150-6643
Managed HOV Lanes
Chief Gary Lindsay
Dallas County
Frank Crowley Courts BUilding
133 N, Industrial Blvd., LB-31
Dallas, TX 75207-4313
Dear Chief Lindsay:
September 20, 2013
Please find attached, two (2) Interlccal Agreements for the enforcement of the HOV lanes as
shown in Attachment E. If ali is satisfactory, please obtain a resolution or ordinance authorizing
the agreement, authorized signatures on both originals and return both to me for further
processing, A fully executed original will be returned to you for your files and use,
If you have any questions, please contact Martin Gonzalez, P.E, at 214-320-6147 or Angela
Green at 214-320-4432,
Attachment
29
Contract No 18-4XXFS001
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
INTERLOCAL AGREEMENT
THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791.
I. CONTRACTING PARTIES:
The Texas Department of Transportation
Dallas County
TxDOT
Local Government
II. PURPOSE: The parties agree that the high occupancy vehicle lanes in the Dallas/Fort Worth area
shall be enforced by the traffic laws as they pertain to Vernon's Civil Statutes, Texas Code of Criminal
Procedure, Texas Motor Vehicle Laws, Local Ordinances and Texas Penal Codes.
III. STATEMENT OF SERVICES TO BE PERFORMED: The Local Government will undertake and carry
out services described in Attachment A, Scope of Services.
IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $1,100,000,00 and shall
conform to the provisions of Attachment B, Budget. Payments shall be billed quarterly.
V. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party. This contract begins when fully executed by both
parties and terminates two (2) years from date of execution or when othelWise terminated as provided in
this Agreement.
VI. LEGAL AUTHORITY:
THE PARTIES certify that the services provided under this contract are services that are properly within
the legal authority of the Contracting Parties
The governing body, by resolution or ordinance, dated _______ , has authorized the Local
Government to provide the scope of services.
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget,
Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance and
Attachment E, Location Map Showing Project.
DALLAS COUNTY
By
Title
~ ~ ~ ~ ~ ~ ~ ~ ~ _ _ _ _ _ _ _ _ _ _ Date
AUTHORIZED SIGNATURE
TYPED OR PRINTED NAME AND TITLE
FOR THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By
~ ~ _ ~ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date
Janice Mullenix
Director of Contract Services
Interlocal-lnterlocaLLG Page 1 of 1 Revised 01/25/2013
30
Contract No 184XXF5001
ATTACHMENT A
Scope of Services
1. Description. The Local Government shall enforce the high occupancy vehicle (HOV) lanes in the
Dallas Fort Worth Area. This includes, but is not limited to, facilitating the movement of eligible
vehicles using the HOV lanes, to enforce the rules and regulations of the HOV lanes and to
enforce the traffic laws as they pertain to Vemon's Civil Statutes, Texas Code of Criminal
Procedure, Texas Motor Vehicle Laws and Local Ordinances, and Texas Penal Codes on the
HOV lanes.
The Local Govemment shall perform all work required to execute the enforcement of the HOV
lanes on the highway corridors listed below. This includes enforcement on all HOV lanes to
discourage the misuse of the HOV lanes and to issue citations as necessary, to provide direction-
of-traffic as necessary, to assist in incident management as necessary, and to assist in the
coordination of and provide emergency assistance as necessary, during Normal Daily Operations
Enforcement and Special Event Operations Enforcement.
The HOV lane corridors will include the following:
1-30 (ERL T) from near Good Latimer Expy to near Northwest Highway
(Approx. 10.8 miles)
1-35E (SRL T) from near Houston Viaduct to near Kiest Blvd
(Approx. 5.2 miles) and
US-67 from 1-35E (SRL T) to near Camp Wisdom Road
(Approx. 4.0 miles)
1-30 (Tom Landry) from near Beckley to Tarrant County Line
(Approx. 13.0 miles)
1-35E (Stem mons) from near FM 3040 to south of 1-635 interchange
(Approx. 8.5 miles - includes S-Ramp Section)
US-75 (Central) from 1-635 interchange to Collin County Line
(Approx. 6.0 miles - includes Direct Connect Section)
1-635E (LBJ) from near US-75 to near Oates Drive
(Approx. 8.7 miles)
An HOV lane corridor refers to the limits of the HOV lanes listed above and includes all barrier-
separated (physical barrier used to separate HOV lane from general-purpose lanes) HOV lane
sections, all bufferseparated (paint stripe and/or fixed pylons to separate HOV lane from general-
purpose lanes) HOV lane sections, access related to the HOV lanes and all
approaches/departures to the accesses of the HOV lanes listed above.
2. TxDOT Standards. Unless otherwise approved by TxDOT, work performed and materials used
under this contract will conform to the latest version of all applicable TxDOT manuals, standards,
specifications, statewide special specifications and special provisions, policies and procedures
and their addenda. As well as any local laws, rules, regulations, policies and procedures of their
respective departments. These include, but are not limited to, the following, which are available
online:
TxDOT Standard Operating Procedures (SOP) Manuals for each HOV lane facility
TxDOT Traffic Control Standard Sheets
Interlocal-lnterlocal_LG Page 1 of 9
Attachment A
31
Texas Manual on Uniform Traffic Control Devices for Streets and Highways (TMUTCD)
TxDOT Maintenance Operations Manual
TxDOT - Dallas District Standard Operating Procedure No. 81 - 05
3. Coordination. The Local Government shall ensure that proper coordination shall exist with other
contractors, cities, counties, state and local law enforcement, utilities, fire departments, medical
facilities and other state and federal agencies, etc. This includes, but is not limited to, Local
Government ensuring communication systems, procedures and technology meet TxDOT
specifications.
4. Monitoring Tasks. The Local Government shall report monthly, on a format approved by TxDOT,
information on enforcement done, from the previous month. This information will include, as a
minimum, the following:
The date and time of the citation or warning
The location of the citation or warning
The nature of the citation or warning
Date, time and action taken to address the violation
5. License Requirements. Possess the appropriate qualifications and/or licenses to be a Texas
Peace Officer as certified by the Texas Commission on Law Enforcement. Provide TxDOT with
documentation of licenses prior to the beginning of work. All Local Government personnel will be
appropriately licensed for specialized work. At a minimum, Local Government personnel shall
attend the NCTCOG Freeway Incident Management: First Responder and Manager's Course.
6. Performance Standards. Listed below are performance standards, which will be utilized to
schedule work. The safety of the traveling public is of the utrnost importance and will take priority
over any other work. Any time-based performance standards will be defined by the clock time at
DAL TRANS, unless directed otherwise by TxDOT. Performance standards and pay levels will be
based on the number of HOV lane corridors that have "operational status" (meaning the corridor
has active and operating HOV lane Normal Daily Operations) of an HOV lane, as determined by
TxDOT. TxDOT may remove an HOV lane corridor from operational status at any time. TxDOT
will inspect, verify and/or evaluate the work performed by the Local Government.
6.1. Normal Daily Operations Enforcement - includes enforcement procedures as stated in
Item 8 on all active and operating HOV lanes as required, unless otherwise noted by TxDOT.
The HOV lane enforcement procedures include, but are not limited to, the following:
Discourage the misuse of the HOV lanes by issuing citations, as necessary, for violations
related to:
o vehicle occupancy requirements
o exceeding the posted speed limit of the HOV lanes
o unauthorized entry and exit of HOV lanes at non-designated areas (i.e. crossing
the double white line)
o any other traffic laws that occur on the HOV lanes as they pertain to Vernon's Civil
Statutes, Texas Code of Criminal Procedure, Texas Motor Vehicle Laws and Local
Ordinances, and Texas Penal Codes
Determine the proper enforcement response for drivers who misuse the HOV lanes (i.e.
verbal warnings, warning citations, citation, or where necessary, arrest)
Provide direction-of-traffic for safe and efficient operation of the HOV lanes, as necessary
Coordinate and assist in incident rnanagement procedures related to the HOV lanes, as
necessary
Interlocal-interlocal_LG Page 2 of 9 Attachment A
32
Coordinate towing services to remove disabled vehicles and vehicles involved in
incidents, as necessary
Provide for accident investigation of incidents related to the HOV lanes, as necessary
Provide for any emergency assistance related to or near the HOV lanes, as necessary
6.1.1. Normal Daily Operations of the HOV Lanes. The Normal Daily Operations of the
HOV lanes include the days and times when the HOV lanes are open to eligible
vehicles as stated in the Standard Operating Procedures manual for each HOV lane
Corridor, respectively. In general, barrier-separated HOV lane sections are open for
normal daily operations Monday through Friday, excluding certain holidays as stated in
the SOP manuals, during the peak periods of the day and buffer-separated HOV lane
sections are open 24 hours per day 7 days a week (including holidays), unless
otherwise noted by TxDOT.
6.1.1.1. Barrier-separated HOV Lane Normal Daily Operating Hours
The Local Government shall enforce during the normal daily operating hours for
each barrier-separated HOV lane section at the following scheduled times Monday
through Friday (except holidays), unless otherwise instructed by TxDOT:
1-30 (ERLT) - Westbound 6:00 a.m. to 10:00 a.m.
Eastbound 3:30 p.m. to 7:00 p.m.
1-35E (SRLT) - Northbound 6:00 a.m. to 12:00 Noon
Southbound 2:00 p.m. to 8:00 p.m.
US-67 - Northbound 6:00 a.m. to 12:00 Noon
Southbound 2:00 p.m. to 8:00 p.m.
1-30 (Tom Landry) - Eastbound 9:00 p.m. to 12:00 Noon
Westbound 1 :00 p.m. to 8:00 p.m ..
1-35E (Stemmons) - Southbound 6:00 a.m. to 9:00 a.m.
(S-ramp) Northbound 3:30 p.m. to 7:00 p.m.
US-75 (Central) - Southbound 6:00 a.m. to 9:00 a.m.
(Direct-connect ramp)Northbound 2:30 p.m. to 7:00 p.m.
6.1.1.2. Buffer-separated HOV Lane Normal Daily Operating Hours
The Local Government shall enforce during normal daily operating hours for each
buffer-separated HOV lane section at the following scheduled times Sunday through
Saturday, unless otherwise instructed by TxDOT:
1-30 (Tom Landry) - Eastbound 24 hours
Westbound 24 hours
1-35E (Stemmons) -Southbound 24 hours
Northbound 24 hours
US-67 - Southbound 24 hours
Northbound 24 hours
US-75 (Central) - Southbound 24 hours
Northbound 24 hours
1-635E (LBJ) . Eastbound 24 hours
Westbound 24 hours
6.2. Special Event Operations Enforcement - Upon notification by TxDOT, the Local
Government shall perform enforcement procedures as stated in Item 1 on an HOV lane not
as part of Normal Daily Operations Enforcement, as directed by TxDOT. The Local
Interlocal-lnterlocal_LG Page 3 of 9 Attachment A
33
Contract No 18-4XXF5001
Government shall perfonn the Special Event Operations Enforcement for as long as the
Special Event Operations occurs and/or as directed by TxDOT. The Special Event
Operations Enforcement will be a supplemental payment on a per event occurrence. The
HOV lane Special Event Operations Enforcement procedures include, but are not limited to,
the following:
Discourage the misuse of the HOV lanes by issuing citations, as necessary, for violations
related to:
o vehicle occupancy requirements (when appropriate or directed otherwise by
TxDOT)
o unauthorized entry and exit of HOV lanes at non-designated areas (I.e. crossing
the double white line)
o exceeding the posted speed limit of the HOV lanes
o any other traffic laws that occur on the HOV lanes as they pertain to Vernon's Civil
Statutes, Texas Code of Criminal Procedure, Texas Motor Vehicle Laws and Local
Ordinances, and Texas Penal Codes
Determine the proper enforcement response for drivers who misuse the HOV lanes (I.e.
verbal warnings, warning citations, citation, or where necessary, arrest)
Provide direction-ol-traffic for safe and efficient operation of the HOV lanes, as necessary
Assist in incident management procedures related to the HOV lanes, as necessary
Assist in towing services to remove disabled vehicles and vehicles involved in incidents,
as necessary
If used, Special Event Operations Enforcement will be paid the same as Normal Daily Operations
Enforcement Pay Level Calculations.
7. Local Government Performance for Enforcement. The pay level to the Local Govemment will
be based on the performance levels attained for Normal Daily Operations Enforcement and
Special Event Operations Enforcement of the HOV Lanes, separately and respectively, for all
operating HOV lane corridors.
7.1. Normal Daily Operations Enforcement. Normal Daily Operations Enforcement of the
HOV Lanes will follow the pay levels as shown in Table 1, HOV Lane Occupancy
Violations Pay Level and Table 2, HOV Lane Speed Pay Level, respectively. The pay
level will be based on the total number of operating and active HOV lane corridors, the
Performance Measures and the corresponding Performance Level attained over a certain
time interval.
7.1.1. The HOV Lane Occupancy Violations measure is a performance measure based on
HOV lane vehicles that have less than the allowable number of riders in a vehicle (at
this time two or more riders in a vehicle is considered an HOV). Therefore, HOV lane
vehicles with one person, as measured by observation, will be considered an HOV lane
occupancy violator. The HOV lane Occupancy Violations performance measure will be
based on Nonnal Daily Operations for each HOV lane, excluding any Emergency
Event Operations or Special Event Operations on an HOV lane. (Note, the HOV lane
occupancy requirements may change due to a change in the regional policy, at which
time the HOV lane occupancy requirement violationspay levels may need to be re-
evaluated.)
The HOV Lane Occupancy Violation Pay Level (as shown in Table 1) is determined
from the percentage of occupancy violators lor a quarterly period for each HOV lane
corridor, separately (e.g., the percentage of violators for the 1-30 (ERL T) HOV lane
Interiocal-lnterlocal_LG Page 4 of9 Attachment A
34
corridor, the percentage of violators for the 1-35 (SRL T) HOV lane corridor, etc.), for all
active and operating corridors.
Table 1. HOV Lane Occupancy Violations Pay Level
PERCENT
PERFORMANCE PERFORMANCE VIOLATORS PERFORMANCE
MEASURE LEVEL ALLOWED PAY LEVel
(%)
DESIRABLE 1 0 110%
HOV LANE DESIRABLE 2 1-6 104%
VEHICLE ACCEPTABLE 7-10 100%
OCCUPANCY UNACCEPTABLE 1 11-12 80%
VIOLATIONS UNACCEPTABLE 2 13-14 55%
UN/I,CCEPTABLE 3 15+ 0%
The HOV Lane Occupancy Violations overall performance pay level will consist of two
separate occupancy violation analyses, a Corridor Occupancy Violations analysis and
a System Occupancy Violations analysis.
7.1.1.1. Corridor Occupancy Violations. The Corridor Occupancy Violations analysis is
based on the verified HOV lane Percent Violators Allowed for each active and
operating HOV lane corridor and the corresponding Performance Pay Levels
attained from Table 1. The Corridor Occupancy Violations Perfonnance Pay
Level is determined by selecting the single lowest Performance Pay Level
attained from all of the active and operating HOV lane corridors, for the quarterly
period.
7.1.1.2. System Occupancy Violations. The System Occupancy Violations analysis is
based on the verified HOV lane Percent Violators Allowed for each active and
operating HOV lane corridor. The System Occupancy Violations Performance
Pay Level is determined by averaging the Percent Violators Allowed in the
quarterly period for all active and operating HOV lane corridors combined, and
then selecting the corresponding Performance Pay Level attained from Table 1,
for the quarterly period. The average percent calculation for determining Percent
Violators Allowed will use the feature of rounding up to the next whole number
from the higher end of a specific range from #.01 (e.g., if the average percent
violators is calculated at 6.02, the number used would be 7).
The HOV Lane Occupancy Violations will be verified through a third party service
provider that conducts vehicle classification and corresponding vehicle occupancy
counts on the HOV lanes. The vehicle classification and corresponding vehicle
occupancy counts will be conducted by visual manual observation on each active and
operating HOV lane once a quarter during both the moming and evening peak periods.
The HOV Lane Occupancy Violations rate will be determined by using the following
calculation:
Interlocal-lnteriocal_LG
5
N =
T
Where: N = HOV Lane Occupancy Violation Rate
5::= number of single occupant HOV lane vehicles
T:: total number of HOV lane vehicles
Page 5 of 9 Attachment A
35
The quarterly HOV Lane Occupancy Violations rates will be calculated on a quarterly
basis for each corridor respectively and separately (Corridor Occupancy Violations), as
well as, averaged on a quarterly basis for all corridors combined (System Occupancy
Violations). These two calculations will be used to determine the quarterly HOV Lane
Occupancy Violations Pay Level, as discussed later in this document.
7.1.2. The HOV Lane Speed measure is a system level performance measure based on the
speed of HOV lane vehicles for all operating and active HOV lane corridors combined
(e.g., the measured speeds for the 1-30 (ERL T) HOV lane, the 1-35 (SRL T) HOV lane,
the US-67 HOV lane, the 1-30 (Tom Landry) HOV lane, the 1-35E (Stemmons) HOV
lane, the US-75 (Central) HOV lane and the 1-635 (LBJ) HOV lane). The HOV Lane
Speed performance measure will be based on Nonmal Daily Operations for each HOV
lane, excluding any Emergency Event Operations or Special Event Operations on an
HOV lane.
The HOV Lane Speed Pay Level, Table 2, will be determined by the observed 85
th
percentile free-flow speeds attained for all active and operating HOV lanes for the
quarterly period.
Table 2. HOV Lane Speed Pay Level
PERFORMANCE PERFORMANCE
85
th
PERCENTILE
PERFORMANCE
MEASURE LEVEL
SPEED ALLOWED
PAY LEVEL
(mph)
DESIRABLE 1
i
< 61 110%
DESIRABLE 2 61-65 104%
HOV LANE ACCEPTABLE 6670 100%
SpeeD
UNACCEPTABLE 1 71-75 85%
UNACCEPTABLE 2 76-80 65%
UNACCEPTABLE 3 81+ 0%
The speed measure will be verified on a quarterly basis through a third party service
provider using a radar beam detection device and methodology as described in the
Institute of Transportation Engineers Manual of Transportation Engineering Studies, ;rd
Edition. The requirements to determine a sufficient number of speed observations to
obtain a statistically accurate sample size for each quarterly performance verification
measure will be determined by using the following equation:
Interlocal-lnterlocaLLG
S'*K'( 2 + U')
N ;
2E'
Where: N :;; minimum number of measured speeds
5 = estimated sample standard deviation
K :;; constant corresponding to the desired confidence level
:;; permitted error in the average speed estimate
U = constant corresponding to the 85th percentile speed
Page 6 of 9 Attachment A
36
The result is an HOV lane speed sample size of approximately 260 speed
observations for all active and operating HOV lanes combined when using the
following values in the determination:
S = 5.0 mph for a standard deviation
K = 2.58 for a 99.0% confidence level
E = 1.0 mph error
U = 1.04 for 85
th
percentile
The Normal Daily Operations Enforcement pay level will be calculated each quarterly
period. The Perrormance Pay Level attained will be determined from verifications of HOV
lane vehicle occupancy counts and HOV lane speed measures. These verifications will be
provided to the Local Government at the time of each scheduled quarterly payment.
The highest perrormance level will be reached when the Local Government has a
DESIRABLE Perrormance Level in each of the Periorrnance Measures for Normal Daily
Operations Enforcement. The total Normal Daily Operations Enforcement pay level will be
derived from the percentages of the Perrormance Levels attained for each of the three
following Perrormance Measures for all operating and active HOV lane corridors and each
corresponding assigned weight as shown in the following:
Corridor Perrormance Level - 50%
System Perrormance Level- 20%
Speed Perrormance Level - 30%
In the example Figure 1, verifications, for each of the seven operating and active HOV
lane corridors, are shown for violators and corresponding perrormance pay level attained,
system perrormance pay level attained, corridor performance pay level attained and speed
performance pay level attained for the quarterly period and are summarized as follows:
Highest Percent of Violators Verified - 12% on US57
Average Percent of Violators Verified - 8.2%
85
th
Percentile Speed - 70 mph reported
Comparing the three Performance Measures to the Normal Daily Operations
Enforcement Pay Levels shown in Table 1 for occupancy violation pay levels and Table 2
for speed pay levels, respectively, provides for the following:
Corridor Perrormance Level - UNACCEPTABLE 1 - 80%
System Perrormance Level - ACCEPT ABLE - 100%
Speed Perrormance Level - ACCEPTABLE - 100%
Interlocal-lnteriocal_LG Page 7 of 9 Attachment A
37
CORRIDOR
VIOLATORS PAY LEVEL
VERIFIED ATIAINED
Figure 1. Example Verification for Enforcement
Therefore, based on the example information provided above, the overall Normal Daily Operations
Enforcement Pay Level attained for the quarter is calculated in the following:
Normal Daily Operations Enforcement Pav Level Calculation
NORMAL DAILY
CORRIDOR SYSTEM SPEED
OPERATIONS
( 50% PERFORM ) ( ZO% PERFORM ) ( 30% =
+ + PERFORM
ENFORCEMENT
PAYLEVEL PAY LEVEL PAYLEVEl
PAY lEVEL
0.50 * 80% ) + O.ZO 100% ) + ( 0.30 100%
40% + 20% + 30%
=
90%
The above example shows that the County would receive 90% of their quarterly payment of
$119,152.50.
8. Local Government Payment for Normal Daily Operations Enforcement Performed. The work
performed and materials furnished in accordance with this Item and measured as provided under
"Measurement" will be paid for in quarterly payments, utilizing the unit price bid for "Performance
Based Enforcement of High Occl,lpancy Vehicle Lanes" itemized by Normal Daily Operations
Enforcement for each operating and active HOV lane corridor, separately and respectively, but
totaled as one Item based on the number of operating and active HOV lane corridors.
8.1. Performance Pay Levels for Normal Daily Operations Enforcement will be paid at the
"ACCEPTABLE" Performance Level (100 percent) in the 1
st
(first) quarter of the overall
lnterlocal-l nterlocal __.lG Page 8 of 9 Attachment A
38
Contract No 1 B-4XXF5001
contract, regardless of how the Local Govemment performs. However, verifications of
HOV lane occupancy violations and HOV lane speed information will be collected and
provided to the Local Govemment with the first quarter payment.
8.2. Performance Pay Levels for Normal Daily Operations Enforcement will be executed at the
start of the 2
nd
(second) quarterly period of the overall contract and will be contingent
upon the Local Government performing at a Pay Level of "ACCEPTABLE" or greater on
each of the active and operating HOV lane corridors for each consecutive quarterly period
for Normal Daily Operations Enforcement in order to receive the "ACCEPTABLE" or greater
Pay Level. However, if the Local Govemment performs at a Pay Level of
"UNACCEPTABLE" for the Normal Daily Operations Enforcement in any of the three
Performance Pay Levels (Corridor Performance Level, System Performance Level and
Speed Performance Level) on any HOV lane corridor in any two consecutive quarterly
periods, then the calculated payment for the quarterly period will be assessed a penalty
and shall be reduced by an additional 15 percent for the Normal Daily Operations
Enforcement.
As well, if the Local Govemment performs at a Pay Level of "UNACCEPTABLE" for the
Normal Daily Operations Enforcement in any of the three Performance Pay Levels
(Corridor Performance Level, System Performance Level and Speed Performance Level)
on any HOV lane corridor in any three or more consecutive quarterly periods, then the
calculated payment for the quarterly period will be assessed a penalty and be reduced by
an additional 50 percent for the Normal Daily Operations Enforcement
Interlocal-lnterlocaLLG Page 9 of 9 Attachment A
FY 2014 HOV Budget
39
ATIACHMENTB
Budget
Sub-Total Personnel
Deputy Sheriff 4 each
Salaries & Benefits $61,964.00 $247,856.00
Senior Sergeant each
Salaries & Benefits $74,254.00 $74,254.00
Total Personnel Costs $322,110.00
Overtime for enhanced
enforcement using
additional personnel $25,000.00
Incentivized Costs $50,000.00
Total Personnel Costs,
including OT $397,110.00
Total Employees 5
Operational Costs
Vehicles (5 total) 2013 Dodge
Chargers with emergency
equip., computer and video
system. Vehicle $27,636
Police Radio $1,150
Digital Video System, with
boosted modem, laptop
computer and mount, E-Tablet
for citations with bluetooth
printer; prisoner transport cage;
emergency lighting and siren
plus installation: $28,726
Cost per unit $60,000 each,
amortized at 7 years $9,000
per year, perveh ......... , ...... , ... , $45,000.00
Fuel and Veh. Maint........... ...... $52,000.00
Flares I Cones I Etc ............... .. $3,000.00
Deputy Uniforms and Equip ....... $29,500.00
(Includes per Deputy:
Police uniforms, body armor,
rain gear, coat, hat, reflective
vest, handgun / leather gear,
$2,400; Flashlight $200
Portable radio $800,
LlDAR $2,500.
($5900 each)
i
T olal Operational Cost
$129,500.00 I
l Total Personnel Costs
i
i $397,110.00 i
I Total 0Eerational Cost I $129,500.00 ,
I Indirect Cost
I
I
I $23,390.00 i
I "
I '
!
__ , _____ ,1$550,00,!),Q()J
!
The State will pay the Local Government on a quarterly basis_ This is an estimate.
Interlocal-lnterlocal .. LG Page 1 of 2 Attachment B
I FY 2015 HOV Budget
Personnel
Deputy Sheriff
Salaries & Benefits
I
I Senior Sergeant
Salaries & Benefits
I Total Personnel Costs
I
Overtime for enhanced
I enforcement using
I additional personnel
I
I
incentivized Costs
Total Personnel Costs,
I including OT
I Total Employees
4 each
$61,964.00
each
$74,254.00
5
40
Sub-Total
$247,856.00
$74,254.00
$322,110.00
$25,000.00
$50,000.00
$397,110.00
Operational Costs
Vehicles (5 total) 2013 Dodge
Chargers with emergency
equip., computer and video
system. Vehicle $27,636
Police Radio $1,150
Digital Video System, with
boosted modem, laptop
computer and mount, E-Tablet
for citations with bluetooth
printer; prisoner transport cage;
emergency lighting and siren
plus installation: $28,726
Cost per unit = $60,000 each,
amortized at 7 years = $9,000
per year, per veh .................... .
Fuel and Veh. Maint. .............. ..
Flares I Cones I Etc ................ .
Deputy Uniforms and Equip .......
(Includes per Deputy:
Police uniforms, body armor,
rain gear, coat, hat, reflective
vest, handgun I leather gear, =
$2,400; Flashlight = $200
Portable radio = $800,
LlDAR = $2,500.
($5900 each)
Total Operational Cost
$45,000.00
$52,000.00
$3,000.00
$29,500.00
i
$129,500.00 !
I
I Total Personnel Costs
~ ' - T - - - ' - ~ - - - - - ' ~
i $397,110.00 I
Total Operational Cost
Indirect Cost
,
I
I 2015 Budget
$129,500.00 i
$23,390.00 I
j ,-' !
II
i . I
1$550;000.01
The State will pay the Local Government on a quarterly basis, This is an estimate.
I nterlocal-I nterlocal_ LG Page 2 of 2 Attachment B
41
ATTACHMENT C
General Terms and Conditions
Article 1. Additional Work
A. If the Local Government is of the opinion that any assigned work is beyond the scope of this
contract and constitutes additional work, it shall promptly notify TxDOT in writing. The written
notice shall present the relevant facts and show how the work constitutes additional work.
B. If TxDOT in its sole discretion finds that the work does constitute additional work, TxDOT shall so
advise the Local Government and a written amendment will be executed. The Local Government
shall not perform any proposed additional work or incur any additional costs before the execution
of an arnendment.
C. TxDOT shall not be responsible for actions by the Local Government or for any costs incurred by
the Local Government relating to additional work that is performed before an amendment is
executed or that is outside the scope of the contract, as amended.
Article 2. Amendments
This contract may only be amended by written agreement executed by both parties before the
contract is terminated.
Article 3. Notice to Proceed
If Attachment A requires a notice to proceed, the Local Government shall not proceed with any work
or incur any costs until TxDOT issues a written notice to the Local Govemment authorizing work to
begin. Any costs incurred by the Local Government before receiving the notice are not eligible for
reimbursement.
Article 4. Conflicts Between Agreements
If the terms of this contract conflict with the terms of any other contract between the parties, the most
recent contract shall prevail.
Article 5. Nonconforming Work
If the Local Government submits work that does not comply with the terms of this contract, TxDOT
shall instruct the Local Government to make any revisions that are necessary to bring the work into
compliance with the contract. No additional compensation shall be paid for this work.
Article 6. Termination
This contract terminates at the end of the contract term, when all services and obligations contained
in this contract have been satisfactorily cornpleted, by mutual written agreement, or 30 days after
either party gives notice to the other party, whichever occurs first. TxDOT shall compensate the
Local Government only for those eligible expenses that are incurred during this contract and that are
directly attributable to the completed portion of the work covered by this contract and only if the work
has been completed in a manner satisfactory and acceptable to TxDOT. The Local Government shall
neither incur nor be reimbursed for any new obligations after the date of termination.
Article 7. Funding
TxDOT shall pay for services from appropriation items or accounts from which like expenditures
would normally be paid. Payments received by the Local Government shall be credited to the current
appropriation items or accounts frorn which expenditures of that character were originally rnade. If for
any reason subcontractors and suppliers, if any, are not paid before TxDOT reimburses the Local
Interlocal-lnterlocal_LG Page 1 of 6 Attachment C
42
Government for their services, the Local Government shall pay the subcontractors and suppliers all
undisputed amounts due for work no more than 10 days after the Local Government receives
payment for the work unless a different time is specified by law. This requirement also applies to all
lower-tier subcontractors and suppliers and must be incorporated in all subcontracts. If the Local
Government fails to comply with this Article, TxDOT may withhold payments and suspend work until
the subcontractors and suppliers are paid. The Local Govemment is authorized to submit requests for
reimbursement no more frequently than monthly and no later than ninety (90) days after costs are
incurred.
Article 8. Basis for Calculating Reimbursement Costs
TxDOT will reimburse the Local Government for actual costs incurred in carrying out the services
authorized in Attachment A, Scope of Services, subject to the cost categories and estimated costs set
forth in Attachment B, Budget. TxDOT shall compensate the Local Government for only those eligible
expenses incurred during this contract that are directly attributable to the completed portion of the
work covered by this contract, provided that the work has been completed in a manner satisfactory
and acceptable to TxDOT. The Local Govemment shall not incur or be reimbursed for any new
obligations after the effective date of termination. The Local Government shall bill TxDOT for actual
travel expenses, not to exceed the limits reimbursable under state law. Out-of-state or out-of-country
travel by the Local Government requires prior approval by TxDOT.
Article 9. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT
under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The
only exceptions allowed are ordinary business lunches and items that have received the advanced
written approval of the Executive Director of the Texas Department of Transportation.
Article 10. Conflict of Interest
The Local Government shall not assign an employee to a project if the employee:
A. owns an interest in or is an officer or employee of a business entity that has or may have a
contract with the state relating to the project;
B. has a direct or indirect financial interest in the outcome of the project;
C. has performed services regarding the subject matter of the project for an entity that has a direct
or indirect financial interest in the outcome of the project or that has or may have a contract with
TxDOT; or
D. is a current part-time or full-time employee of TxDOT.
Article 11. Local Government Resources
All employees of the Local Government shall have adequate knowledge and experience to enable
them to perform the duties assigned to them. The Local Govemment certifies that it currently has
adequate qualified personnel in its employment to perform the work required under this contract or
will be able to obtain adequate qualified personnel from sources other than TxDOT. On receipt of
written notice from TxDOT detailing supporting factors and evidence, the Local Government shall
remove from the project any employee of the Local Government who is incompetent or whose
conduct becomes detrimental to the work. Unless otherwise specified, the Local Govemment shall
furnish all equipment, materials, supplies, and other resources required to perform the work.
Article 12. Assignment Subcontracts
A subcontract may not be executed by the Local Government without prior written authorization by
TxDOT. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this
contract. No subcontract will relieve the Local Government of its responsibility under this contract.
Neither party shall assign any interest in this agreement.
Interlocal-interlocal_LG Page 2 of 6 Attachment C
43
Article 13. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Article 14. Disputes
The Local Government shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements entered in support of contract services. TxDOT shall be
responsible for the settlement of any dispute concerning this contract unless the dispute involves a
subcontract.
Article 15. No Assignment
Neither party shall assign, sublet, or transfer any interest in this agreement.
Article 16. Remedies
This agreernent shall not be considered as specifying the exclusive remedy for any default, but either
party may avail itself of any rernedy existing at law or in equity, and all remedies shall be cumulative.
Article 17. Records and Ownership
A. The Local Government agrees to maintain all books, documents, papers, accounting records, and
other evidence pertaining to costs at its office during the contract period and for four years from
the date of final payment under the contract. These materials shall be made available for
inspection and copying by TxDOT, by the State Auditor's Office, and by their authorized
representatives. If the contract is federally funded, these materials shall also be made available
for inspection and copying by the U.S. Department of Transportation and by the Office of the
Inspector General.
B. After completion or termination of this contract, all documents prepared by the Local Government
or furnished to the Local Government by TxDOT shall be delivered to and become the property of
TxDOT. All sketches, photographs, calculations, and other data prepared under this contract shall
be rnade available, on request, to TxDOT without restriction or limitation of further use.
C. TxDOT shall own all title to, all interests in, all rights to, and all intellectual property (including
copyrights, trade and service marks, trade secrets, and patentable devices or rnethods) arising
from or developed under this contract.
D. Except to the extent that a specific provision of this contract states to the contrary, all equiprnent
purchased by the Local Government or its subcontractors under this contract shall be owned by
TxDOT and will be delivered to TxDOT at the time the contract is completed or terminated.
E. The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the State Auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds. An entity that is
the subject of an audit or investigation rnust provide the State Auditor with access to any
information the State Auditor considers relevant to the investigation or audit.
Article 18. Reference to Costs Principles and Circulars
Reirnbursement with state or federal funds will be limited to costs determined to be reasonable and
allowable under cost principles establish in OMB Circular A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State and Local Governments." The parties
shall corn ply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the
single audit report includes the coverage stipulated in OMB Circular A-133.
44
Article 19. Equal Employment Opportunity
The Local Governrnent agrees to comply with Executive Order 11246, entitled "Equal Ernployment
Opportunity: as amended by Executive Order 11375 and as supplemented by Department of Labor
regulations,41 CFR Part 60. The Local Governrnent agrees to consider minority universities for
subcontracts when the opportunity exists. The Local Governrnent warrants that it has developed and
has on file appropriate affirmative action programs as required by applicable rules and regulations of
the Secretary of Labor.
Article 20. Nondiscrimination
A. The Local Government shall cornply with the regulations of the U.S. Department of Transportation
relating to nondiscrimination in federally-assisted programs, including 49 CFR, Part 21; 23 CFR,
Subchapter C; and 41 CFR, Part 60-74 (the Regulations).
B. The Local Government, with regard to the work periormed during this agreernent, shall not
discriminate on the basis of race, color, sex, national origin, age, religion, or disability in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment.
C. In all solicitations either by competitive bidding or negotiation rnade by the Local Govemment for
work to be periormed under a subcontract, including procurements of materials and leases of
equipment, but not including routine purchase orders, each potential subcontractor or supplier
shall be notified by the Local Government of the Local Government's obligations under this
agreement and the Regulations.
D. The Local Government shall provide all information and reports required by the Regulations and
directives issued under the Regulations and shall permit access to its books, records, accounts,
other sources of information, and facilities as may be determined by the Texas Department of
Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance
with the Regulations or directives. If any information required of the Local Government is in the
exclusive possession of another who fails or refuses to furnish this information, the Local
Government shall so certify to the Texas Departrnent of Transportation or the U.S. Department of
Transportation, whichever is appropriate, and shall set forth what efforts the Local Government
has made to obtain the requested information.
E. In the event of the Local Government's noncompliance with the nondiscrimination provision of this
agreement, the Texas Department of Transportation shall impose such sanctions as it or the U.S.
Department of Transportation may determine to be appropriate.
F. The Local Government shall include the provisions of paragraphs A through E in every
subcontract, including procurernents of rnaterials and leases of equipment, except routine
purchase orders, unless exernpt by the Regulations or directives. The Local Government shall
take such lawful action with respect to any subcontract or procurement as the Texas Department
of Transportation may direct as a means of enforcing these provisions, including sanctions for
noncompliance. In the event the Local Government becomes involved in or is threatened with
litigation with a subcontractor or supplier as a result of directions given by TxDOT, the Local
Government may request the Texas Department of Transportation to enter into the litigation to
protect the interests of the State. In addition, the Local Government may request the United
States to enter into litigation to protect the interests of the United States.
Article 21. Noncollusion
The Periorming Agency warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Periorming Agency, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. If the Periorming Agency
breaches or violates this warranty, the Texas Department of Transportation shall have the right to
45
Contract No 18-4XXFSOOI
annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or
consideration, or otherwise recover the full amount of such fee, commission, brokerage fee,
contingent fee, or gift.
Article 22. Lobbying Certification
In executing this agreement, each signatory certifies that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
. federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with federal contracts, grants, loans, or cooperative agreements, the signatory for
the Performing Agency shall complete and submit the federal Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This statement is a material representation of fact upon which reliance was placed when this
agreement was made or entered into. Submission of this statement is a prerequisite for making or
entering into this agreement imposed by Title 31 U.S.C. 1352. Any person who fails to file the
required statement shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each failure.
By executing this agreement, the parties affirm this lobbying certification with respect to the Project
and affirm this certification of the material representation of facts upon which reliance will be made.
Article 23. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement. After receiving a written request from TxDOT,
the Local Govemment shall furnish TxDOT with satisfactory proof of its compliance with this Article.
Article 24. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
46
Article 25. Notices
All notices to either party shall be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to that party at the following address:
L.ocal Government: Dallas County
Attn: Dallas County Sheriff
,
122 N. Riverfront Blvd. LB 31
Dallas, TX 75207-4313
TxDOT: Texas Department of Transportation
Attn: Director of Contract Services
1125 E. 11th Street
i Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail. Either
party may change the above address by sending written notice of the change to the other party.
Either party may request in writing that notices shall be delivered personally or by certified U.S. mail,
and that request shall be carried out by the other party.
Interlocal-lnterlocal ... LG
47
ATTACHMENT 0
Resolution or Ordinance
Page 1 of 1 Attachment D
InterlocaHnterlocal_LG
48
ATTACHMENT E
Location Maps Showing Project
Concurrent Flow
---- Reversible Flow
Page 1 of 1
Contraflow
Attachment E
Date:
To:
From:
Subject:
49
DALlAS COUNTY ELECTIONS DEPARTMENT
TONI PIPPINS-POOLE, ADMINISTRATOR
September 24,2013
Commissioners Court
Toni Pippins-Poole, CERA, CCPA, Elections Administrator
Rationale for Same Date Briefing and Court Order
The Elections Department requests the following items to be placed on same date
briefing and court order. Due to recent legislation and Supreme Court decisions
associated with Senate Bill 14, it is necessary for the Dallas County Elections Department
to take immediate action to assist voters in complying with new requirements for proper
identification. If action is not taken, potentially a large number of residents will be
impacted with problems participating in the election process due to the provisions of
SB 14. An agreement by Commissioners Court to allow the County to execute
agreements with Texas Department of Public Safety for use of databases, will align the
Dallas County Election Department to meet demands.
2377 N. STEMMONS FREEW A Y. SUlTE 820 DALLAS, TEXAS 75207
50
DALLAS COUNTY ELECTIONS DEPARTMENT
September 24,2013
To: Commissioners Court
From: Toni Pippins-Poole, Elections Administrator
Subject: Initiative to Use DPS Database to Reconcile Dallas County Voter Records
BACKGROUND
Texas' passage of the significant Senate Bill 14 (SB-14) in 2011, along with the U.S. Supreme
Court's unprecedented decision in Shelby County v. Holder on June 25, 2013 (which facilitated
the immediate implementation and enforcement of SB-14) have made it necessary for Texas
Counties to drastically change the strategies, procedures, and processes by which elections and
voting are administered in Texas. Primarily, the provisions of SB-14 are causing a significant
impact (increase) in considerations and tasks that must be addressed by County Election
Administrators.
SB-14 now requires voters to present limited and specific fonus of identification, in conjunction
with another new requirement that the name on the presented identification be significantly
similar to the person's name as noted on County's voter registration records. Dallas County
Elections Department (DC ED) must make efforts to prevent the problems voters may have
complying with the new requirements. To this end, DCED must determine the following:
1. The number of Dallas County residents that have a valid Texas state-issued driver's
license or identification card;
2. The number of Dallas County residents that only have an expired Texas state-issued
driver's license or identification card; and,
3. The number of individuals in Dallas County that have names on their voter registration
information that does not match their state-issued driver's license or identification card
(expired or otherwise).
DCED has made inquiries to our voter registration software vendor, VOTEC Corporation
(VOTEC), and with TDPS,and detenuined that DCED can obtain two (2) databases from TDPS
that contain all of the nan1es in their database and updates to those records. We have also
determined that VOTEC can download the TDPS database into our system of voter registration
records, and compare both sources of data to determine, among other possibilities, individuals
51
that have names that are not significantly similar when comparing their Texas-issued
identification versus their voter identification (VUID) number.
To explain further, TDPS will provide two (2) data sources to DCED. The first database,
"Release of Driver Records to Governmental Entities" (Primary), is a compact-disc containing
TDPS' entire Drivers Records file for the State of Texas (over 26 million records). The second
source, "Driver Records for Governmental Entities" (Ongoing), provides DCED with the ability
to request and obtain records on an ongoing basis from TDPS using our information technology
tools.
GOALS:
A. Initially, DCED will provide VOTEC, Inc. with the Primary data, and by working III
conjunction with VOTEC, we will ascertain, to the extent possible, the following:
1. The number of individuals in Dallas County that do not have a Texas-issued Driver's
License, suspended license, or identification card;
2. To what extent individuals in Dallas County whose name on their Texas-issued driver's
license or identification card (current or expired), but do not match the name in their
voter registration records;
3. To provide the Commissioners Court with the results of our finding; and,
4. To notify voters and help them change their records; notify them of the availability of
Election Identification Certificates; to notify them of their expired driver's license or
identification card; and/or to notifY them that they can authorize DCED to make the
correction to their record.
B. DCED also requires the Court's permission to send out notification letters to individuals that
this analysis determines have a name on their identification documents that do not match the
name on their voter registration records; and to those whose voter registration records do not
have matching state-issued identification records. The current estimate for this population in
Dallas County is 300,000 individuals.
SCHEDULE
DCED proposes obtaining the databases from TDPS within a week of this Court's approval, and
will provide that information to VOTEC immediately upon receipt by us. VOTEC estimates that
it will take them less than two (2) weeks to import the records in the TDPS file and then match
them to DCED's voter registration files. Minimally, it may take another two weeks for DCED
and VOTEC to analyze and produce a data product that can be used to glean valuable
information.
DCED will also provide notice by December 31, 2013 to the effected voters to take a corrective
course of action prior to the 2014 election schedule.
LEGAL
Dallas County will have to execute two (2) use and disclosure agreements with TDPS, one for
each type of data DCED intends to acquire:
1. Release of Driver Records to Governmental Entities is for making regular inquiries to
TDPS; and,
2
52
2. The Release of Driver Records Database to Governmental Entities is for TDPS' entire
file. The Dallas County conformed agreements are attached as "Exhibit 1" and "Exhibit
2".
Both agreements have been reviewed and changed by DCED and the County's District
Attorney's office to meet the legal needs of Dallas County.
DCED also requires the Court's permission to send out notification letters to individuals that this
analysis determines have a name on their identification documents that do not match the name on
their voter registration records; and to those whose voter registration records do not have
matching state-issued identiflcation records.
FINANCIAL IMP ACT
The TDPS databases can be acquired at no expense.
Per VOTEC Corporation's representative, they are developing a process to import the initial file
from TDPS and allow for incremental updates to the main file; and will then match the TDPS
file to DCED's voter registration file. This process is being developed at no charge to the
county. DCED is not sure if this service, when fully developed by VOTEC will be free of
charge.
Upon approval from the Commissioners Court, DCED will have to send notices to citizens
effected by these new requirements and will thus incur printing expenses to prepare and send
approximately 300,000 notices for an estimated cost of$7,000 dollars. Postage of approximately
.46 per notice will also be incurred for an added approximate amount of$138,000 dollars. Funds
are available in Dallas County Election Department's 94036 account.
Approval of the above listed election enhancements are in compliance with the County's
Strategic Plan, Vision I, 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 this Voter ID
Reconciliation Initiative Project in an effort to assist the possibility of large a number of effected
Dallas County residents secure their ability to correct their status; that the Commissioner Court
authorize the printing and mailing of notices to effected Dallas County residents; and that the
Commissioners Court approves and authorizes the County Judge to sign the two (2) database use
agreements: the "Release of Driver Records to Governmental Entities", and the "Release of
Driver Records Database to Govermnental Entities.
Recommended for Approval By:
Toni Pippins-Poole, CERA, CCPA, Elec ons Administrator
3
53
AGREEMENT FOR
RELEASE OF DRIVER RECORDS
TO GOVERNMENTAL ENTITIES
This document constitutes an ("Agreement") made between the Texas Department of Public
Safety ("TXDPS"), which is the state administrator for driver license and identification card
records, and the Govemmental Entity identified below ("the Govemmental Entity"), which shall
be referred to herein as "the Parties."
Govemmental Entity Name: Dallas County, Texas, on behalf of the Dallas County Elections
Department.
Address: 2377 N. Stem mons Freeway, 8
th
Floor, Dallas, Texas 75207
WHEREAS, Texas law authorizes TXDPS to provide Driver Records individually and in bulk
for specified permissible purposes;
WHEREAS, Texas law authorizes TXDPS to establish an Interactive System to provide the
release of Driver Records;
WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994
(I8 V.S.c. 272l et seq.) and the Texas Motor Vehicle Records Disclosure Act (Chapter 730 of
the Texas Transportation Code) extend privacy protections to Personal Information maintained
in the files of state motor vehicle agencies such as TXDPS;
WHEREAS, the Governmental Entity desires to obtain Driver Records, including Personal
Information, from TXDPS; and
WHEREAS, Texas law requires each prospective Govemmental Entity to execute a written
agreement or contract containing safeguards TXDPS considers necessary or reasonable to ensure
that Driver Records obtained are used only for permissible purposes and that the rights of
individuals and TXDPS are protected before the Govemmental Entity receives allY Driver
Records.
THEREFORE, IT IS AGREED, that TXDPS shall deliver Driver Records in an electronic
format to the Governmental Entity, subject to the following terms and conditions:
1. Definitions:
a. Driver Records means a record that pertains to a motor vehicle operator or driver license
or pennit, or identification document issued by TXDPS. It includes the following types
of records: Type 1 (status record); Type 2 (a 3-year driving history record); Type 3 (a list
of all crashes and violations in the record for commercial drivers only); and Type 4
(school bus driver records).
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b. Interactive System means the process by which TXDPS supplies Driver Records in an
electronic format, including real-time and batch web-based applications.
c. Personal Information means information that identifies an individual, including but not
limited to an individual's date of birth, driver license number or identification card
number, name, and address.
2. Certification of Permissible Use(s):
The Governmental Entity, by signing this Agreement, hereby certifies compliance with all
provisions of the federal Driver's Privacy Protection Act of 1994, the Texas Motor Vehicle
Records Disclosure Act, and with all other state and federal laws applicable to this Agreement.
The Governmental Entity certifies that its use of Driver Records obtained under this Agreement
is for the following permissible purpose(s) only and for no others:
Initial all that apply.
1. For use in connection with any matter of: (a) motor vehicle or motor vehicle
operator safety; (b) motor vehicle theft; (c) motor vehicle emissions; (d) motor
vehicle product alterations, recalls, or advisories; (e) performance monitoring of
motor vehicles or motor vehicle dealers by a motor vehicle manufacturer; (f)
removal of nonowner records from the original owner records of a motor vehicle
manufacturer to carry out the purposes of: the Automobile Information Disclosure
Act, 15 U.S.C. Section 1231 et seq.; 49 U.S.c. Chapters 301, 305, 323, 325, 327,
329, and 331; the Anti Car Theft Act of 1992,18 U.S.C. Sections 553, 981, 982,
2119,2312,2313, and 2322,19 U.S.C. Sections 1646b and 1646c, and 42 U.S.c.
Section 3750a et seq., all as amended; the Clean Air Act, 42 U.S.C. Section 7401 et
seq., as amended; and any other statute or regulation enacted or adopted under or in
relation to a law included in this subsection; (g) child support enforcement under
Chapter 231, Family Code; or (h) enforcement by the Texas Workforce
Commission under Title 4, Labor Code.
_X_ 2. For use by a govermnent agency, including any court or law enforcement agency, in
carrying out its functions or a private person or entity acting on behalf of a
govemment agency in carrying out the functions of the agency.
3.
4.
For use in connection with a matter of: (a) motor vehicle or motor vehicle operator
safety; (b) motor vehicle theft; (c) motor vehicle product alterations, recalls, or
advisories; (d) performance monitoring of motor vehicles, motor vehicle parts, or
motor vehicle dealers; (e) motor vehicle market research activities, including survey
research; or (f) removal of nonowner records from the original owner records of
motor vehicle manufacturers.
For use in the normal course of business by a legitimate business or an authorized
agent of the business, but only to verify the accuracy of Personal Information
submitted by the individual to the business or the authorized agent of the business;
TXDPS #DLD201208041312(a)
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and, if the infonnation is not correct, to obtain the correct infonnation for the sole
purpose of preventing fraud by pursuing a legal remedy against or recovering on a
debt or security interest against the individual.
5. For use in conjunction with a civil, criminal, administrative, or arbitral proceeding
in any court or government agency or before any self-regulatory body, including
service of process, investigation in anticipation of litigation, execution or
enforcement of a judgment or order, or under an order of any court.
6. For use in research or in producing statistical reports, but only if the Personal
Information is not published, redisclosed, or used to contact any individual.
7. For use by an insurer or insurance support organization, or by a self insured entity,
or an authorized agency of the entity in connection with claims investigation
activities, antifraud activities, rating, or underwriting.
8. For use in providing notice to an owner of a towed or impounded vehicle.
9. For use by a licensed private investigator agency or licensed security service for a
purpose pennitted as stated herein.
10. For use by an employer or an authorized agent or insurer of the employer to obtain
or verify information relating to a holder of a commercial driver's license that is
required under 49 U.S.C. Chapter 313.
11. For use in connection with the operation of a private toll transportation facility.
12. For use by a consumer reporting agency, as defined by the Fair Credit Reporting
Act (15 U.S.C. 1681 et seq.), for a purpose pennitted under that Act.
13. For use in the prevention, detection, or protection against personal identity theft or
other acts of fraud. Prior to release of Personal Information, TXDPS may require
additional information.
14. For any other purpose specifically authorized by law that relates to the operation of
a motor vehicle or to public safety. Please provide the statutory authority:
The Governmental Entity shall restrict access to, use of, and disclosure of Driver Records,
including Personal Information, to designated personnel solely for the purposes as identified
herein. Access to and use of Driver Records by the Government Entity's personnel that are not
authorized is strictly prohibited. Any access, use and disclosure not required for the purposes of
this Agreement or for any unofficial purpose is strictly prohibited. Violation of the federal
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Driver's Privacy Protection Act or the Texas Motor Vehicle Records Disclosure Act may result
in civil and criminal penalties.
3. Resell or Redisclosure:
The Governmental Entity shall not resell or redisclose Personal Information obtained under this
Agreement to third parties in the identical or a substantially identical format. The Governmental
Entity may resell or redisclose Personal Information only for a use authorized by Texas
Transportation Code, Section 730.007, and in compliance with the sections herein entitled
"Record Creation and Retention" and "Provide Copies of Records and Notification of Release."
Personal Information under the Driver's Privacy Protection Act and the Texas Motor Vehicle
Records Disclosure Act is not snbject to the Texas Public Information Act.
4. Record Creation and Retention:
If the Governmental Entity legally resells or rediscloses Personal Information obtained from
Driver Records under this Agreement, the Governmental Entity shall create a record identifying
each person or entity that obtained Personal Information from the Govenm1ental Entity and the
legally permissible purpose for which Driver Records were obtained. The Governmental Entity
shall ensure that any third party to which it releases any Driver Records shall comply with all
federal and state laws on the release of the information and all terms, conditions, and obligations
of this Agreement. The Governmental Entity shall retain such records for a period of not less
than five (5) years following transfer of Driver Records to the third party of the following: the
name of any person or entity to whom the release was made; the date the release was made; the
permitted use for which Driver Records were released; the written agreement with the third
party; and contact information for the person or entity Driver Records were released to.
5. Provide Copies of Records and Notification of Release:
If the Governmental Entity rediscloses any Driver Records obtained under this Agreement to a
third party, the Governmental Entity shall provide access to or copies of those records required in
the section herein entitled "Record Creation and Retention" to TXDPS immediately upon
TXDPS' request. TXDPS retains the right to require the records in any applicable fonnat,
including electronic or paper. The Governmental Entity shall bear the expense of providing this
information to TXDPS, including any postage or shipping charges.
6. Unauthorized Disclosure:
The Governmental Entity shall immediately, but no later than two (2) calendar days, notify
TXDPS of any inadvertent or unauthorized release, disclosure, breach, or compromise of Driver
Records obtained under this Agreement as soon as the Governmental Entity knows or should
have known of such unauthorized or inadvertent release, disclosure, breach, or compromise of
security. This obligation applies whether the action or omission was by the Governmental
Entity, its employees or agents, or by any person or entity that acquired Driver Records from the
Governmental Entity, either directly or indirectly. The Governmental Entity shall notify TXDPS
of any breach of system security as required by Section 521.053(c) of the Texas Business and
Commerce Code, and shall cooperate fully with TXDPS in any investigation thereof.
7. Fees:
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Pursuant to Texas Transportation Code Section 521.049, TXDPS shall not charge a fee for
Driver Records dise10sed to a law enforcement or other governmental agency for an official
purpose, unless the Governmental Entity requests Driver Records sold in bulk for research
purposes. A Governmental Entity obtaining Driver Records for research shall enter into a
separate contract with TXDPS to purchase Driver Records for a fee.
8. Acknowledgement and Disclaimer:
The Governmental Entity acknowledges that TXDPS is furnishing Driver Records on an "as is"
basis and TXDPS makes no representation or warranty as to the accuracy of any Driver Records
furnished. TXDPS expressly dise1aims responsibility for any failure to deliver Driver Records in
a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdown of
equipment, compliance with new or amended laws, acts of authority exercised by a public
official, acts of God, or other circumstances which may delay or prccl ude furnishing Driver
Records in a timely fashion. If Driver Records are not furnished, TXDPS has no further
responsibility or liability to the Governmental Entity with respect to undelivered Driver Records
and has no liability or responsibility whatsoever for delayed Driver Records.
9. Consumer Protection:
Driver Records furnished under this Agreement shall not be nsed by the Governmental Entity to
engage in any method, act, or practice that is unfair or deceptive, nor shall Driver Records be
used for marketing, solicitations, or surveys not authorized by law.
10. Direct Access to Driver Records:
No member of the public or any person outside the direct employ or control of the Governmental
Entity shall be permitted direct access to Driver Records through the Governmental Entity under
this Agreement for any reason other than the Governmental Entity's intended and legitimate use
of Driver Records.
11. Assignability:
The Governmental Entity shall not assign, license, or transfer any of its rights, duties, and
obligations under this Agreement without the prior written consent of TXDPS. An attempted
assignment in violation of this section is null and void. Any approved assignment shall not
relieve the assignor of any liability or obligation under this Agreement.
12. Successors:
This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and
their respective successors, heirs, administrators, personal representatives, legal representatives,
and pennitted assigns.
13. Incorporation of Other Documents:
This Agreement, including "Attachment A, Governmental Entity Information Form," constitutes
the entire agreement between the Parties with regard to the matters made the subject of this
Agreement. There are no verbal representations, inducements, agreements, understandings,
representations, warranties, or restrictions between the Parties other than those specifically set
forth herein.
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14. Interactive System for Driver Records:
. The Interactive System for Driver Records, by which TXDPS supplies Driver Records in an
electronic format including real-time and batch web-based applications, is operated and
controlled by a State of Texas Vendor. The State of Texas Vendor is the duly authorized service
agent of TXDPS responsible for processing electronically submitted Driver Records requests and
delivering Driver Records in a secure, electronic format utilizing the Interactive System. The
State of Texas Vendor is obligated to specific performance level requirements. As such, the
State of Texas Vendor has the authority to suspend any Governmental Entity account or access
to the Interactive System when such access compromises the operation of the Interactive System.
Suspension of such account or access shall continue until the compromising condition is resolved
to the satisfaction ofTXDPS.
15. Term of Agreement:
The term of this Agreement shall begin on the date it is signed by the last of the two Parties to
this Agreement and shall continue in full force and effect for a tenn of three (3) years. Upon an
amendment in writing to this Agreement executed by both Parties, this Agreement may be
renewed for intervals of three (3) year at a time.
16. Termination:
a. For Convenience: Either Party may tenninate this Agreement for convenience at any
time for any reason by giving the other Party thirty (30) calendar days written notice. If a
Party elects to terminate this Agreement for convenience, all unfilled obligations shall
remain in full force. In no event will tennination for convenience by TXDPS give rise to
any liability whatsoever on the part of TXDPS.
h. For Cause: TXDPS may immediately tenninate this Agreement for cause for any
violation of the terms of this Agreement or for any violation of any state or federal law or
regulation relating to the subject matter of this Agreement. TXDPS shall provide the
Governmental Entity with written notice to terminate this Agreement, which termination
shall become effective immediately upon Governmental Entity's receipt of the notice. If
this Agreement is terminated for cause, TXDPS may refuse to provide Driver Records to
the Governmental Entity in any format.
c. Mutual Termination: This Agreement may further be terminated by mutual agreement
and consent, in writing, by both Parties.
17. Change of Status:
This Agreement shall automatically terminate if the Governmental Entity ceases to exist,
substantially changes the nature of its governing business, or if it ceases to qualify for Driver
Records under the permissible users) certified in the section herein entitled "Certification of
Pennissible Use(s)." The Governmental Entity shall immediately notify TXDPS in writing of
any change in status that may implicate this section.
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18. Amendments:
TXDPS may amend the terms and conditions of this Agreement from time to time in order to
accommodate changes in the records or information furnished under this Agreement and for
other reasons deemed appropriate by TXDPS. No modification or amendment to this Agreement
shall become valid unless in writing and signed by both Parties. All correspondence regarding
modifications or amendments to this Agreement shall be forwarded to TXDPS for prior review
and written approval. Only an authorized representative or an authorized designee shall be
authorized to sign changes or amendments.
19. Notice:
Any notice required or permitted under this Agreement shall be directed to the Parties at the
addresses shown below. The following contact person(s) is designated by the Governmental
Entity to receive all notices regarding this Agreement:
Point of Contact: Toni Pippins-Poole, Elections Administrator
Alternate Point of Contact: Robert Heard, Assistant Elections Administrator
Address: 2377 N. Stemmons Freeway, Suite 820
City, State, Zip Code: Dallas, Texas 75207
Telephone Number: (214) 819-6336
Cell Phone Number: (214) 819-6336
Fax: (214) 819-6301
Email: toni.pippins-poolelaldallascounty.org or Robert.heardlaldallascouniy.org
All conespondence to TXDPS regarding this Agreement shall be mailed to the following
address:
Texas Department of Public Safety
License and Record Service/Online Services
P.O. Box 4087
Austin, Texas 78773-0360
(512) 424-5967
Fax: (512) 424-7456
Email: e.Commerce@dps.texas.gov
Notices to the Parties at the addresses shown above shall be deemed received: (i) when delivered
in hand and a receipt granted; (ii) three (3) calendar days after it is deposited in the United States
mail by certified mail, return receipt requested; or (iii) when received if sent by confirmed
TXDPS #DLD20 1208041312(a)
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facsimile or confirmed email. Either of the Parties may change its address or designated
individual(s) to receive notices by giving the other Party written notice as provided above,
specifying the new address and/or individual and the date upon which it shall become effective.
20. No Joint Enterprise:
TXDPS is associated with the Governmental Entity only for the purposes and to the extent set
forth herein. The Govermnental Entity is an independent entity and shall have the sole right to
supervise, manage, operate, control, and direct the performance of the details incident to its
duties hereunder. Nothing contained herein shall be deemed or construed to create a partnership
or joint venture, to create the relationship of an employer-employee or principal-agent, or to
otherwise create any liability for whatsoever with respect to the indebtedness, liabilities, and
obligations of the Govermnental Entity or any other party.
21. No Liability for Employees and Officers:
Each Party to this Agreement shall have no liability whatsoever for the actions or omissions of
an individual employed or contracted by another Party, regardless of where the individual's
action or omissions occurred. Each Party is solely responsible for the actions or omissions of its
employees and agents; however, such responsibility is only to the extent required by Texas law.
Where injury or property damage results from the joint or concurring acts or omissions of the
Parties, liability, if any, shall be shared by each party in accordance with the applicable laws of
the State of Texas, and subject to all defenses, including govemmental immunity. These
provisions are solely for the benefit of the Parties hereto and not for the benefit of any person or
entity not a Party hereto; nor shall any provision hereof be deemed a waiver of any defenses
available by law.
22. Compliance with Law:
The Parties shall comply with all local, state, and federal laws and regulations applicable to the
subject matter of this Agreement, including but not limited to, the federal Driver's Privacy
Protection Act of 1994 and the Texas Motor Vehicle Records Disclosure Act.
23. Interpretation Against the Drafter:
Regardless of which Party drafted this Agreement or the language at issue, any ambiguities in
this Agreement or the language at issue shall not be interpreted against the drafting Party.
24. Non-Waiver:
Any failure of TXDPS, at any time, to enforce or require the strict keeping of any provision of
this Agreement shall not constitute a waiver of such provision, and shall not affect or impair
same or the right of TXDPS at any time to avail itself of same.
25. Headings:
The headings, captions, and arrangements used in this Agreement are for convenience only and
shall not be deemed to limit, amplify, modify, or to affect the meaning of the terms of this
Agreement.
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26. Severability:
If one or more provisions of this Agreement or the application of any provision to any Party or
circumstance is held invalid. unenforceable, or illegal in any respect by a final order/judgment of
the State Office of Administrative Hearings or a court of competent jurisdiction, the remainder of
this Agreement and the application of the provision to other parties or circumstances shall remain
valid and in full force and effect.
27. Audit and Inspection:
The Governmental Entity is subject to audit and inspection, at any time during normal business
hours and at a mutually agreed upon location, by the State Auditor, TXDPS, and any other
department or agency responsible for determining that the Parties have complied with applicable
law. The Governmental Entity shall provide all reasonable facilities and assistance for the safe
and convenient performance of any audit or inspection. The Governmental Entity shall keep all
records and documents regarding this Agreement for the term of this Agreement and for five (5)
years after the termination of this Agreement.
28. Governing Law and Jurisdiction:
This Agreement shall be construed in accordance with the laws of the State of Texas. Except as
otherwise provided by Chapter 2260 of the Texas Government Code, venue for any litigation
shall be Travis County, Texas.
29. Chapter 2260, Texas Government Code:
The Governmental Entity shall use the dispute resolution process provided for in Chapter 2260
of the Texas Government Code and the applicable TXDPS administrative rules to attempt to
resolve all disputes or contract claims arising under this Agreement.
30. Survival:
Any provisions of this Agreement that impose continuing obligations on the Parties, including
but not limited to the following, shall survive the expiration or termination of this Agreement for
any reason: confidentiality and security obligations; notice regarding any unauthorized disclosure
or breach; resell or redisclosure obligations; audit obligations; and any other provision that
imposes a continuing obligation on the Governmental Entity.
31. Signature Authority:
The signatory for the Govermnental Entity hereby represents and warrants that it has full and
complete authority to execute this Agreement.
32. Certifications:
The Parties certify the following: (i) each Party paying for the performance of governmental
functions or services must make those payments from current revenues available to the paying
Party; (ii) this Agreement is authorized by the governing body of the Parties; (iii) each Party has
the authority to enter into this Contract by authority granted in Texas Transportation Code,
Chapter 521 and 730; (iv) the services specified above are necessary and essential for activities
that are properly within the statutory functions and programs of the affected agencies; (v) the
TXDPS #DLD20l 2080413 l2(a)
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proposed arrangement serves the interest of efficient and economical administration of
government; and (vi) the services, supplies or materials contracted for are not required by
Section 21 of Article 16 of the Texas Constitution to be supplied under contract given to the
lowest responsible bidder.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date written below.
DEPARTMENT OF PUBLIC SAFETY:
Signature
Name and Title
Date
DALLAS COUNTY:
By: Clay Jenkins
Dallas County Judge
APPROVED AS TO FORM*:
CRAIG WATKINS
DISTRICT ATTORNEY
TERESA GUERRA SNELSON
CHIEF, CIVIL DIVISION
Abril Aberasturi
Assistant District Attorney
DALLAS COUNTY, TEXAS, ON
BEHALF OF DALLAS COUNTY
ELECTIONS DEPARTMENT:
Signature
Name and Title
Date
'BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVECONTRACTS OR LEGAL
DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR
LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF THIS DOCUMENT WAS CONDUCTED
SOLELY FROM THE LEGAL PERSPECTIVE OF OUR CLIENT. OUR APPROVAL OF THIS DOCUMENT WAS
OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT. OTHER PARTIES SHOULD NOT RELY ON THIS
APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S).
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ATTACHMENT A
GOVERNMENTAL ENTITY INFORl'VIATION FORM
Nature of the Governmental Entity's Activities:
Dallas County Elections'Department is the County Voter Registrar for Dallas County.
List all URL addresseslFacebookiTwitter accounts used or possessed by the Governmental Entity:
www.dallascountyvotes.org
Intended use of Driver Records obtained from TXDPS (Describe how the exemption qualifies for
obtaining Driver Records):
Reconcile Dallas County's Voter Registration records
If the Governmental Entity intends to release Driver Records obtained from TXDPS, explain what
safeguards andlor assurances are in place to meet the requirements of this Agreement:
These records will not be released.
Ifthe Governmental Entity does not intend to release Driver Records to another entity, state so below:
The records obtain will not be released to another entity. However, notices may be sent to
individuals whose records indicated their voter registration information needs to be updated.
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AGREEMENT FOR
RELEASE OF DRIVER RECORDS DATABASE
TO GOVERNMENTAL ENTITIES
This document constitutes an ("Agreement") made between the Texas Department of Public
Safety ("TXDPS"), which is the state administrator for driver license and identification card
records, and the Governmental Entity identified below ("the Governmental Entity"), which shall
be referred to herein as "the Parties."
Governmental Entity Name: Dallas County, Texas, on behalf of the Dallas County Elections
Department.
Address: 2377 N. Stemmons Freeway, 8
th
Floor, Dallas, Texas 75207
WHEREAS, Texas law authorizes TXDPS to provide Driver Records for specified permissible
purposes;
WHEREAS, state and federal law, inclnding the federal Driver's Privacy Protection Act of 1994
(18 U.S.c. 2721 et seq.) and the Texas Motor Vehicle Records Disclosure Act (Chapter 730 of
the Texas Transportation Code) extend privacy protections to Personal Information maintained
in the files of state motor vehicle agencies such as TXDPS;
WHEREAS, the Governmental Entity desires to obtain Driver Records, including Personal
Information, from TXDPS; and
WHEREAS, Texas law requires each prospective Governmental Entity to execute a written
agreement or contract containing safeguards TXDPS considers necessary or reasonable to ensure
that Driver Records obtained are used only for pennissible purposes and that the rights of
individuals and TXDPS are protected before the Governmental Entity receives any Driver
Records.
THEREFORE, IT IS AGREED, that TXDPS shall deliver Driver Records to the Governmental
Entity, subject to the following tenns and conditions:
1. Definitions:
a. Driver Records means a record that pertains to a motor vehicle operator or driver license
or pennit, or identification card issued by TXDPS for all license holders in Texas as
described in Texas Transportation Code, Section 521.050.
b. Personal Information means infonnation that identifies an individual, including but not
limited to an individual's date of birth, driver license number or identification card
number, name, and address.
2. Certification of Permissible Use(s):
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The Governmental Entity, by signing this Agreement, hereby certifies compliance with all
provisions of the federal Driver's Privacy Protection Act of 1994, the Texas Motor Vehicle
Records Disclosure Act, and with all other state and federal laws applicable to this Agreement.
The Governmental Entity certifies that its use of Driver Records obtained under this Agreement
is for the following permissible purpose(s) only and for no others:
Initial all that apply.
x
1.
3.
4.
For use in connection with any matter of: (a) motor vehicle or motor vehicle
operator safety; (b) motor vehicle theft; (c) motor vehicle emissions; (d) motor
vehicle product alterations, recalls, or advisories; (e) performance monitoring of
motor vehicles or motor vehicle dealers by a motor vehicle manufacturer; (f)
removal of nonowner records from the original owner records of a motor vehicle
manufacturer to carry out the purposes of: the Automobile Information Disclosure
Act, 15 U.S.c. Section 1231 et seq.; 49 U.S.c. Chapters 301, 305, 323, 325, 327,
329, and 331; the Anti Car Theft Act of 1992, 18 U.S.C. Sections 553, 981, 982,
2119,2312,2313, and 2322, 19 U.S.C. Sections 1646b and 1646c, and 42 U.S.C.
Section 3750a et seq., all as amended; the Clean Air Act, 42 U.S.C. Section 7401 et
seq., as amended; and any other statute or regulation enacted or adopted under or in
relation to a law included in this subsection; (g) child support enforcement under
Chapter 231, Family Code; or (h) enforcement by the Texas Workforce
Commission under Title 4, Labor Code.
2. For use by a government agency, including any court or law enforcement agency, in
carrying out its functions or a private person or entity acting on behalf of a
government agency in carrying out the functions of the agency.
For use in cOlmection with a matter of: (a) motor vehicle or motor vehicle operator
safety; (b) motor vehicle theft; ( c) motor vehicle product alterations, recalls, or
advisories; (d) performance monitoring of motor vehicles, motor vehicle parts, or
motor vehicle dealers; (e) motor vehicle market research activities, including survey
research; or (f) removal of nonowner records from the original owner records of
motor vehicle manufacturers.
For use in the normal course of business by a legitimate business or an authorized
agent of the business, but only to verify the accuracy of Personal Information
submitted by the individual to the business or the authorized agent of the business;
and, if the information is not correct, to obtain the correct information for the sale
purpose of preventing fraud by pursuing a legal remedy against or recovering on a
debt or security interest against the individual.
5. For use in conjunction with a civil, criminal, administrative, or arbitral proceeding
in any court or government agency or before any self-regulatory body, including
service of process, investigation in anticipation of litigation, execution or
enforcement of a judgment or order, or under an order of any court.
TXDPS #DLD201208041313(b)
Rev. 0812013
Page 2 of 12
66
6. For use in research or in producing statistical reports, but only if the Personal
Information is not published, redisclosed, or used to contact any individual.
7. For use by an insurer or insurance support organization, or by a self insured entity,
or an authorized agency of the entity in connection with claims investigation
activities, antifraud activities, rating, or underwriting.
8. For use in providing notice to an owner of a towed or impounded vehicle.
9. For use by a licensed private investigator agency or licensed security service for a
purpose permitted as stated herein.
10. For use by an employer or an authorized agent or insurer of the employer to obtain
or verify information relating to a holder of a commercial driver's license that is
required under 49 U.S.C. Chapter 313.
11. For use in connection with the operation of a private toll transportation facility.
12. For use by a consumer reporting agency, as defined by the Fair Credit Reporting
Act (15 U.S.c. 1681 et seq.), for a purpose permitted under that Act.
13. For use in the prevention, detection, or protection against personal identity theft or
other acts of fraud. Prior to release of Personal Information, TXDPS may require
additional information.
14. For any other purpose specifically authorized by law that relates to the operation of
a motor vehicle or to public safety. Please provide the statutory authority:
The Govermuental Entity shall restrict access to, use of, and disclosure of Driver Records,
including Personal Information, to designated personnel solely for the purposes as identified
herein. Access to and use of Driver Records by the Government Entity's personnel that are not
authorized is strictly prohibited. Any access, use and disclosure not required for the purposes of
this Agreement or for any llil0fficial purpose is strictly prohibited. Violation of the federal
Driver's Privacy Protection Act or the Texas Motor Vehicle Records Disclosure Act may result
in civil and criminal penalties.
3. Resell or Redisclosure:
The Govermuental Entity shall not resell or redisclose Personal Information obtained under fuis
Agreement to third parties in the identical or a substantially identical format. The Govermuental
Entity may resell or redisclose Personal Information only for a use authorized by Texas
Transportation Code, Section 730.007, and in compliance with the sections herein entitled
"Record Creation and Retention" and "Provide Copies of Records and Notification of Release."
TXDPS #DLD201208041313(b)
Rev. 08/2013
Page 3 of 12
67
Personal Infol111ation under the Driver's Privacy Protection Act and the Texas Motor Vehicle
Records Disclosure Act is not subject to the Texas Public Information Act.
4, Record Creation and Retention:
If the Governmental Entity legally resells or rediscloses Personal Information obtained from
Driver Records under this Agreement, the Governmental Entity shall create a record identifying
each person or entity that obtained Personal Information from the Governmental Entity and the
legally permissible purpose for which Driver Record were obtained. The Governmental Entity
shall ensure that any third party to which it releases any Driver Records shall comply with all
federal and state laws on the release of the information and all terms, conditions, and obligations
of this Agreement. TIle Governmental Entity shall retain such records for a period of not less
than five (5) years following transfer of Driver Records to the third party of the following: the
name of any person or entity to whom the release was made; the date the release was made; the
pennitted use for which Driver Records were released; the written agreement with the third
party; and contact information for the person or entity Driver Records were released to.
5. Provide Copies of Records and Notification of Release:
If the Governmental Entity rediscloses any Driver Records obtained under this Agreement to a
third party, the Governmental Entity shall provide access to or copies of those records reqnired in
the section herein entitled "Record Creation and Retention" to TXDPS immediately upon
TXDPS' request. TXDPS retains the right to require the records in any applicable fonnat,
including electronic or paper. The Governmental Entity shall bear the expense of providing this
infonnation to TXDPS, including any postage or shipping charges.
6. Unauthorized Disclosure:
The Govermnental Entity shall immediately, but no later than two (2) calendar days, notify
TXDPS of any inadvertent or unauthorized release, disclosure, breach, or compromise of Driver
Records obtained under this Agreement as soon as the Governmental Entity knows or should
have known of such unauthorized or inadvertent release, disclosure, breach, or compromise of
security. This obligation applies whether the action or omission was by the Govermnental
Entity, its employees or agents, or by any person or entity that acquired Driver Records from the
Governmental Entity, either directly or indirectly. The Governmental Entity shall notify TXDPS
of any breach of system security as required by Section 521.053(c) of the Texas Business and
Commerce Code, and shall cooperate fully with TXDPS in any investigation thereof.
7. Fees:
Pursuant to Texas Transportation Code, Section 521.049, TXDPS shall not charge a fee for
Driver Records disclosed to a law enforcement or other governmental agency for an official
purpose, unless the Governmental Entity requests Driver Records sold in bulk for research
purposes. A Governmental Entity obtaining Driver Records for research shall enter into a
separate contract with TXDPS to purchase Driver Records for a fee.
8. Acknowledgement and Disclaimer:
The Governmental Entity acknowledges that TXDPS is furnishing Driver Records on an "as is"
basis and TXDPS makes no representation or warranty as to the accuracy of any Driver Records
TXDPS #DLD20120S041313(b)
Rev.OS/2013
Page 4 of 12
68
furnished. TXDPS expressly disclaims responsibility for any failure to deliver the Driver
Records in a timely manner, or at all, in the event of staff shortages, failures of appropriations,
breakdown of equipment, compliance with new or amended laws, acts of authority exercised by
a public official, acts of God, or other circumstances which may delay or preclude furnishing
Driver Records in a timely fashion. If Driver Records are not furnished, TXDPS has no further
responsibility or liability to the Governmental Entity with respect to undelivered Driver Records
and has no liability or responsibility whatsoever for delayed Driver Records.
9. Consnmer Protection:
Driver Records furnished under this Agreement shall not be used by the Governmental Entity to
engage in any method, act, or practice that is unfair or deceptive, nor shall Driver Records be
nsed for marketing, solicitations, or surveys not authorized by law.
10. Direct Access to Driver Records:
No member of the public or any person outside the direct employ or control of the Governmental
Entity shall be permitted direct access to Driver Records tluough the Governmental Entity under
this Agreement for any reason other than. the Governmental Entity's intended and legitimate use
of Driver Records.
11. Assignability:
The Governmental Entity shall not assign, license, or transfer any of its rights, duties, and
obligations under this Agreement without the prior written consent of TXDPS. An attempted
assignment in violation of this section is null and void. Any approved assignment shall not
relieve the assignor of any liability or obligation under this Agreement.
12. Successors:
This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and
their respective successors, heirs, administrators, personal representatives, legal representatives,
and permitted assigns.
13. Incorporation of Other Documents:
This Agreement, including "Attachment A, Governmental Entity Information Form for
Obtaining Driver Record Files," constitutes the entire agreement between the Parties with regard
to the matters made the subject of this Agreement. There are no verbal representations,
inducements, agreements, understandings, representations, warranties, or restrictions between the
Parties other than those specifically set forth herein.
14. Term of Agreement:
The term of this Agreement shall begin on the date it is signed by the last of the two Parties to
this Agreement and shall continue in full force and effect for a term of three (3) years. Upon an
amendment in writing to this Agreement executed by both Parties, this Agreement may be
renewed for intervals of three (3) year at a time.
TXDPS #DLD201208041313(b)
Rev. 0812013
Page 5 of 12
69
15. Termination:
a. For Convenience: Either Party may terminate this Agreement for convenience at any
time for any reason by giving the other Party thirty (30) calendar days written notice. If a
Party elects to terminate this Agreement for convenience, all unfilled obligations shall
remain in full force. In no event will termination for convenience by TXDPS give rise to
any liability whatsoever on the part ofTXDPS.
b. For Cause: TXDPS may immediately terminate this Agreement for cause for any
violation of the terms of this Agreement or for any violation of any state or federal law or
regulation relating to the subject matter of this Agreement. TXDPS shall provide the
Governmental Entity with written notice to terminate this Agreement, which termination
shall become effective immediately upon Governmental Entity's receipt of the notice. If
this Agreement is terminated for cause, TXDPS may refuse to provide Driver Records to
the Governmental Entity in any format.
c. Mutual Termination: This Agreement may further be terminated by mutual agreement
and consent, in writing. by both Parties.
16. Change of Status:
This Agreement shall automatically terminate if the Governmental Entity ceases to exist,
substantially changes the nature of its governing business. or if it ceases to qualify for Driver
Records under the permissible use(s) certified in the section herein entitled "Certification of
Permissible Use(s)." The Governmental Entity shall immediately notify TXDPS in writing of
any change in status that may implicate this section.
17. Amendments:
TXDPS may amend the terms and conditions of this Agreement from time to time in order to
accommodate changes in the records or information furnished under this Agreement and for
other reasons deemed appropriate by TXDPS. No modification or amendment to this Agreement
shall become valid unless in writing and signed by both Parties. All correspondence regarding
modifications or amendments to this Agreement shall be forwarded to TXDPS for prior review
and written approval. Only an authorized representative or an authorized designee shall be
authorized to sign changes or amendments.
18. Notice:
Any notice required or permitted under this Agreement shall be directed to the Parties at the
addresses shown below. The following contact person(s) is designated by the Governmental
Entity to receive all notices regarding this Agreement:
Point of Contact: __________________________ _
Alternate Point of Contact: _____________________ _
TXDPS #DLD201208041313(b)
Rev. 08/2013
Page 6 of 12
70
Address: __________________________ _
City, State, Zip Code: _____________________ _
Telephone Number: ________________________ _
Cell Phone Number: _______________________ _
Fax: _____________________________ _
Email: ___________________________ _
All correspondence to TXDPS regarding this Agreement shall be mailed to the following
address:
Texas Department of Public Safety
License and Record Service/Online Services
P.O. Box 4087
Austin, Texas 78773-0360
(512) 424-5967
Fax: (512) 424-7456
Email: e.Commerce@dps.texas.gov
Notices to the Parties at the addresses shown above shall be deemed received: (i) when delivered
in hand and a receipt granted; (ii) three (3) calendar days after it is deposited in the United States
mail by certified mail, return receipt requested; or (iii) when received if sent by confirmed
facsimile or confirmed email. Either of the Parties may change its address or designated
individual(s) to receive notices by giving the other Party written notice as provided above,
specifying the new address and/or individual and the date upon which it shall become effective.
19. No Joint Enterprise:
TXDPS is associated with the Governmental Entity only for the purposes and to the extent set
forth herein. The Governmental Entity is an independent entity and shall have the sole right to
supervise, manage, operate, control, and direct the performance of the details incident to its
duties hereunder. Nothing contained herein shall be deemed or construed to create a partnership
or joint venture, to create the relationship of an employer-employee or principal-agent, or to
otherwise create any liability for whatsoever with respect to the indebtedness, liabilities, and
obligations of the Governmental Entity or any other party.
20. No Liability for Employees and Officers:
Each Party to this Agreement shall have no liability whatsoever for the actions or omissions of
an individual employed or contracted by another Party, regardless of where the individual's
action or omissions occurred. Each Party is solely responsible for the actions or omissions of its
employees and agents; however, such responsibility is only to the extent required by Texas law.
TXDPS #DLD201208041313(b)
Rev. 0812013
Page 7 of 12
71
Where injury or property damage results from the joint or concurring acts or omissions of the
Parties, liability, if any, shall be shared by each party in accordance with the applicable laws of
the State of Texas, and subject to all defenses, inclnding govenunental immunity. These
provisions are solely for the benefit of the Parties hereto and not for the benefit of any person or
entity not a Party hereto; nor shall any provision hereof be deemed a waiver of any defenses
available by law.
21. Compliance with Law:
The Parties shall comply with all local, state, and federal laws and regulations applicable to the
subject matter of this Agreement, including but not limited to, the federal Driver's Privacy
Protection Act of 1994 and the Texas Motor Vehicle Records Disclosure Act.
22. Interpretation Against the Drafter:
Regardless of which Party drafted this A!,'Yeement or the language at issue, any ambiguities in
this Agreement or the language at issue shall not be interpreted against the drafting Party.
23. Non-Waiver:
Any failure of TXDPS, at any time, to enforce or require the strict keeping of any provision of
this Agreement shall not constitute a waiver of such provision, and shall not affect or impair
same or the right ofTXDPS at any time to avail itself of same.
24. Headings:
The headings, captions, and arrangements used in this Agreement are for convenience only and
shall not be deemed to limit, amplify, modify, or to affect the meaning of the terms of this
Agreement.
25. Severability:
If one or more provisions of this Agreement or the application of any provision to any Party or
circumstance is held invalid, unenforceable, or illegal in any respect by a final order/judgment of
the State Office of Administrative Hearings or a court of competent jurisdiction, the remainder of
this Agreement and the application of the provision to other parties or circumstances shall remain
valid and in full force and effect.
26. Audit and Inspection:
The Governmental Entity is subj eet to audit and inspection, at any time during normal business
hours and at a mutually agreed upon location, by the State Auditor, TXDPS, and any other
department or agency responsible for determining that the Parties have complied with applicable
law. The Governmental Entity shall provide all reasonable facilities and assistance for the safe
and convenient performance of any andit or inspection. The Govenmlental Entity shall keep all
records and docnments regarding this Agreement for the term of this Agreement and for five (5)
years after the termination of this Agreement.
27. Governing Law and Jurisdiction:
TXDPS #DLD201208041313(b)
Rev. 0812013
Page 8 of 12
72
This Agreement shall be construed in accordance with the laws of the State of Texas. Except as
otherwise provided by Chapter 2260 of the Texas Government Code, venue for any litigation
shall be Travis County, Texas.
28. Chapter 2260, Texas Government Code:
The Governmental Entity shall use the dispute resolution process provided for in Chapter 2260
of the Texas Government Code and the applicable TXDPS administrative rules to attempt to
resolve all disputes or contract claims arising under this Agreement.
29. Survival:
Any provisions of this Agreement that impose continuing obligations on the Parties, including
but not limited to the following, shall survive the expiration or termination of this Agreement for
any reason: confidentiality and security obligations; notice regarding any unauthorized disclosure
or breach; resell or redisclosure obligations; audit obligations; and any other provision that
imposes a continuing obligation on the Governmental Entity.
30. Signature Authority:
The signatory for the Governmental Entity hereby represents and warrants that it has full and
complete authority to execute this Agreement.
31. Certifications:
The Parties certify the following: (i) each Party paying for the performance of governmental
functions or services must make those payments from current revenues available to the paying
Party; (ii) this Agreement is authorized by the governing body of the Parties; (iii) each Party has
the authority to enter into this Contract by authority granted in Texas Transportation Code,
Chapter 521 and 730; (iv) the services specified above are necessary and essential for activities
that are properly within the statutory functions and programs of the affected agencies; (v) the
proposed arrangement serves the interest of efficient and economical administration of
government; and (vi) the services, supplies or materials contracted for are not required by
Section 21 of Article 16 of the Texas Constitution to be supplied under contract given to the
lowest responsible bidder.
[Signatures on the Following Page]
TXDPS #DLD20 1208041313(b)
Rev. 08/2013
Page 9 of 12
73
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date written below.
DEPARTMENT OF PUBLIC SAFETY:
Signature
Name and Title
Date
DALLAS COUNTY:
By: Clay Jenkins
Dallas County Judge
APPROVED AS TO FORM":
CRAIG WATKINS
DlSTRlCT ATTORNEY
Abril Aberastw'i
DALLAS COUNTY, TEXAS, ON
BEHA.LF OF DALLAS COUNTY
ELECTIONS DEPARTMENT:
Signature
Name and Title
Date
'BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVECONTRACTS OR LEGAL
DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR
LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF THIS DOCUMENT WAS CONDUCTED
SOLELY FROM THE LEGAL PERSPECTIVE OF OUR CLIENT OUR APPROVAL OF THIS DOCUMENT WAS
OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT. OIlIER PAR TIES SHOULD NOT RELY ON THIS
APPROVAL. AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S).
TXDPS #DLD201208041313(b)
Rev. 0812013
Page 10 of 12
74
ATTACHMENT A
GOVER,1IIMENTAL ENTITY INFORMATION FORM
Nature of the Governmental Entity's Activities:
Dallas County Elections Department is the County Voter Registrar for Dallas County.
List all URL addresses/FacebookiTwitter accounts used or possessed by the Governmental Entity:
www.dallascountyvotes.org
Intended use of Driver Records obtained from TXDPS (Describe how the exemption qualifies for
obtaining Driver Records):
Reconcile Dallas County's Voter Registration records
If the Governmental Entity intends to release Driver Records obtained from TXDPS, explain what
safeguards andlor assurances are in place to meet the requirements of this Agreement:
These records will not be released.
If the Governmental Entity does not intend to release Driver Records to another entity, state so below:
The records obtain will not be released to another entity. However, notices may be sent to
individuals whose records indicated their voter registration infonnation needs to be updated.
TXDPS #DLD20 1208041313(b)
Rev. 08/2013
Page 11 of 12
75
If the Governmental Entity elects to receive a weekly update of Driver Records, indicate by
checking the appropriate selection below. Failme to make a selection shall result in no weekly
updates.
___ Governmental Entity elects to receive weekly updates.
Or
--2L Governmental Entity elects to NOT receive weekly updates.
TXDPS #DLD201208041313(b)
Rev. 0812013
Page 12 of 12
76
DALLAS COUNTY
PURCHASING DEPARTMENT
October 1, 2013
TO: Commissioners Court
FROM:
<:101U
Shannon S. Brown, Purchasing Agent 0 '
SUBJECT: Annual Contract Extensions
Background
The Purchasing Department reviewed information concerning the extension of the listed
annual contracts in Table I below. The user departments were contacted and asked to
provide feedback/comments on the performance of each vendor and that department's
recommendation on extending the contract. The response from each department is provided
as an attachment to this briefing. In addition, each vendor has agreed in writing to continue
to provide services at the original and/or amended terms, conditions and pricing structure set
forth in the bid awards. The purpose of this briefing is to present these contract extensions
for approval.
Operational Impact
Below is a summary of the functions of each contract and the comments received from end
user departments.
SOQ No. 20100655119 Professional Elevator Consultant Services
This contract provides the services of a professional elevator consultant to assist staff with
monitoring and evaluating approximately 128 elevators and escalators in County facilities.
They also perform state mandated equipment inspections and the draft requirements for
modernization projects. The Contract Manager reports the vendor's performance has been
excellent with no reported problems.
RFQ 20100725146 Financial Audits of Dal/as County, Community Supervision &
Corrections and the Juvenile Board
KPMG, LLP was awarded the contract for performance of required annual financial audits of
Dallas County. This represents the third of four extensions under the current contract. Under the
terms of the contract, KPMG, LLP may increase by a percentage equal to the change in the
Consumer Price Index (CPI), measured between the date upon which Contract Term was last
extended and the date upon which the next extension is to be exercised, or five percent,
whichever is less. The proposed increase will be based upon the CPI of 2.02 percent. Approve
court order for contract extension with 2.02 percentfee increase for FY2014 financials compared
77
to prior year and authorize engagement agreements for the different audits. The District
Attorney's Office, Civil Division, has prepare the attached Arnendment NO.4 to the original
contract for this extension.
Proposed FY2014 fees and actual FY2013 are indicated below:
Financial Statements
Single Audit
Charter School
CSCD
TJJC
REAC
Public Funds Investment Act
('included in Financial
Statement)
Total
FY2014
$140,600.00
183,891,00
47,990.00
30,262.00
20,353.00
1,607.00
37,492.00
$462,192.00
FY2013
$137,812.50
180,250.00
47,040.00
29,662.50
19,950.00
1,575.00
36,750.00
$453,040.00
Bid No. 2011-104-5734 Purchase of Paper Towels, Toilet Paper, Seat Covers, Trash
Bags and related items
This contract provides Dallas County Facilities Department all paper products to run Dallas
County operationally. User Departrnent indicates services are in compliance with contract
requirements, quality of work is good, work is always completed in a timely manner and
overall performance is good.
Bid No. 2012-012-5794 Annual Contract for Janitorial Services for the Southwestern
institute of Forensic Sciences/Office of the Medical Examiner Facility
This contract provides three (3) days per week janitorial services. Facilities Management
rates the overall performance of the Contractor over the past year as good.
Bid No. 2013-003-6169 Annual Contract for Asbestos / Lead / Mold I Assessment I
Consultant Services
This contract provides assessment and consultant services for the Dallas County
Engineering and Project Management Office. The Engineering and Project Management
manager has rated the service provider with an overall "good" rating, with no problems during
the contract period thus far. This contract is vital to the air quality and structural integrity of
the Dallas County buildings.
Bid No. 2013-007-6188 Annual Contract for the Purchase of Mattresses for the
Detention Facilities
This contract provides mattresses for the detention facilities Sheriffs Office rates the quality
of work performance and product as excellent with no reported problems.
Financial Impact
Funding for each contract has been provided in the allocated budget for each user
department. In the event the contract is revenue producing, the fund receiving the revenue
has been identified.
78
Legal impact
Each vendor listed has agreed in writing to extend the contract at the original and/or
amended terms, conditions and pricing structure set forth in the bid award,
For the financial audit contract, Local Government Code 115,045 requires the Commissioners
Court to contract for an annual independent audit. The County CAFR, including fund statements
and government-wide statements, is submitted to the SEC, rating agencies, and grantors, All
federal grants must comply with federal guidelines,
Recommendation
The Purchasing Department recommends the extension of the annual contract as listed in
Table L Individual court orders will be prepared for each extension on the next available
formal agenda,
- - ..'"----.. ...
- ,A,nnual Contract Extensions for October 1, 2013

---1---- -.---
Estimated
BidlRFP Titl e
, Awarded __ Extension Period
Extensions
Remaining
. -_._------_ .. _.
2010-065- Statement
5119 Qualificatio
Profession<
Consultant
---_._._--
2010-072- RFQ for Fir
5146 Audits of D
County, Cc
Supervisior
Correctiom
Juvenile B(
2011-104- Purchase c
5734 Towels, To
Seat Covel
Bags and r
items
1----=---- ... --_.. --- .
2012-012- I Annual COl
5794 . Janitorial S
I the Southv.
[Institute of
I Sciences/C
Medical Ex
Facility
2013-003- Annual Cor
6169 Asbestos I
Mold I Ass(
IConsultan1
2013-007- Annual COl
6188 the Purcha
Mattresses
Detention f
f , Boca Group Central, $34,715 Engineering November 2,2013
s for
Elevator
LLC and Project through
Management November 1, 2014
Services
,,--_._---
ancial KPMG, LLP $453,040 Commissioners
lias Court, Juvenile
mmunity I Board, CSCD
& .
and the I
ar:9... _______ L_______ ..L--- -
Paper I MAN,S Distributer, $516,548 I Facilities
et Paper, II Interboro Packaging, i
, Trash Complete Supply, I
lated empire Paper I i
L __ .... I .._______ _
-----cc-----+- ---------
tract for
rvices for
estem
D&A Building
Services Inc_
I $50,501T Facilities
, Management
orensic [ I
ffice of the I I
November 9,2013
through November 8,
2014
I ----------
October 17,2013
through
October 16, 2014
December 1,2013
through November 30,
2014
One
One
None
None
ractforl- EDI Environmentar+--$160,623 Engineering November 6: 20D- One
miner I "'I
ead I ' Technology, Inc. ! and Project Through
I Management November 5, 2014
l!f157.164---t Sheriffs Office November 6,2013-1' One-
e of I Company, Inc, '1' I through
or the i II November 5,2014
aCllitles I,!
_ . __________ .___ _____L__ ___ ____ _ _ __ . ___ ..J ___ .._____ __
--J
ill
80
DALLAS COUNTY
August 22, 2013
Frank Campise, Jr.
BOCA Group Central
Email: frankcampise@bocagroup.com
Reference:
Bid No. 2010-065-5119 for Professional Elevator Consultant Services
Dear Mr. Campise:
The aforementioned contract between Dallas County and your company will expire on November
1,2013. Thc Dallas County Purchasing Department is requesting that your company extend Ihis
contract for an additional twelve- month period to :include terms, conditions and pricing set forlh -in
the original bid award.
If you areinterested in extending the current contract for an ad4itional twelve month period, please
complete the form below and return by SeptemberS, 2013. If you desire to extend !his contract
we will also need an updated insurance certificate and a current Vendor Slntistical Report
submitted.
Should you have any questions ple.se feel free to contact me at 214-653-6498
Sincerely,
qrorUi. 'Torres
Gloria Torres, Contracts Supervisor
Plea,e check one:
Yes V I agree to extend the contract with Dallas Couniy at the price, established in Bid No.
2010-0655119 for an additional twelve month period.
CornpanyName: 13QCA GeQ()/p (lENT[Zht. Li-U
,
Address: ISoS et/\Il SllZi?f!7
City, State, Zip Code 7.::f:rlLA-s, TK 75;; tJ I
I
50'! Main Street, Suite 623, Dallas Texas 75202-3340
(214) 653-6498., Fax (214) 653-7449. gloria.um-es@dallascounty.org
81
DALLAS COUNTY
August 12,2013
TO
FROM:
SUBJECT:
John Clark, Project and Engineering Department
Gloria Torres, Contract Supervisor
SOQ 2010-065-5119 FOR PROFESSIONAL ELEVATOR
CONSULTANT SERV1CES
SOQ No. 20] 0-065-5119 is the contract Jor Professional Elevator Consultant Services
and the current vendor is BOCA Group Central LLC. This contract will expire on
November 1. 20]2 and there are extension options left all this contract. As (he contract
manager your department has three options:
Option 1:
Option 2:
Option 3:
Exercise the extension option set forth in the bid based on existing terms
and conditions) no changes are required to the contract.
Re-bid this contract. If, your department chose to re-bid please update any
required revisions to the specifications, terms, conditions, and
requirements.
The services andior goods stated in this contract are no longer required by
this department. Please cancel aU future solicitation requests relating to
this contract.
Please return this form, signed and completed, 110 later than August 21, 2013. Should
you have any questions, please contact me at 214-653-6498. Your cooperation to this
matter is greatly appreciated.
REPL Y: Upon review of the aforementioned contract: (Please initial one only and sign
below).
[x 1 Services currently performed by the Contractor are in compliance with contract
requirements. As a result of the comract extension options contained within the
solicitation, this department reqllests that the contract is extended for an additjonal twelve
month period. If your department chooses to e x t e n d ~ how would you rate vendor
performance for the requested services and/or products over the past months? (This
survey in/ormation i.s required per Commissioners Court).
509 Main Street, Suite 623, Dallas Texas 75202-3340
(214) 653"6498. Fax (214) 653-7449. gloria.tones@dallascounty.org
82
1. I-low would you rate each vendor quality of work performed? 4- Excellent, 3-Good,
2-Satisfactory, or 1- Poor,
Please state response here: __
4
__
2, Was work completed or products delivered in a timely manner? 5-Always, 4-Most of
the time, 3-Some of the time, 2-Seldom, or I-Never,
P lease state response here: 4
3. Ho\\,1 would you rate each vendor)s responsiveness to Dallas County inquires or
problems? 4-Excelicnt, 3-Good, 2-Satisfactory, or I-Poor.
Please state response here:---=-__
4, How would you rate each vendor overall performance for tbe requested services/and
or products over the past 12 month? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor.
Please state respOllse 4
5, I-lave you had any problems with the current vendor" Yes __ _ No x
If yes, state the problem:
Please elaborate on :.my areas of concern or where improvement is required:
Please re-bid this contract. Revisions are required and have been made (see
attacbed),
Services and/or goods stated in this contract are no longer required by this
department. Please cancel all future solicitation requests relating to this contract.
J h C I k
Diglt"lly Signed by Jol1.'1 Cla(k
O n a r
DN:.cn:=Jonn Crk,o",D"lias County, Qu 6tngineel'lng & Project
'Management, em<:lli"'john.dark@d.allasCQvmy.org,(""uS
Date: 2013.08.13 09:48:41 -05'00'
Contract Manager Authorized Signature
Printed
Clark
STATE OF TEXAS
COUNTY OF DALLAS

83
AMENDMENT NUMBER FOUR TO THE
AGREEMENT FOR PERFORMANCE OF FINANCIAL AUDIT SERVICES ("ORIGINAL
AGREEMENT")
BETWEEN
DALLAS COUNTY, TEXAS ("COUNTY"),
DALLAS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEI'ARTMENT ("CSCD"),
DALLAS COUNTY JUVENILE BOARD ("JUVENILE BOARD")
AND
KPMG LLP ("AUDITOR")
WHEREAS, on October 19, 2010, the Commissioners Court of Dallas County, Texas ("Commissioners
Court") passed. Commissioners Court Order No. 2010 1772 by which Dallas County, Texas C'County") entered into
all Agreement for Performance of Financiai Audit Services ("Original Agreement") with KPMG LLP, a Foreign
Limited Liability Partnership organized UJ'lder the laws of the State of Delaware with its principal office at Three
Chestnut Ridge Road\ Montvale, New Jersey 07645 ("Auditor" or "Auditors"), A copy of the Original Agreement is
attached as '''Exhibit A Original Agreement"); and
WHEREAS; Auditor is a tim1 of Certified Public Accountants that holds Texas State Board of Public
Accountancy License lD P04938, Texas Secretary of Stak Filing 'Number 300626870, and Texas Comptroller of
Public Accounts Taxpayer Number 11355652071: and
WHEREAS, the County e n t ~ r e d into the Original Agreement on behalf of itself, the Dallas County
Community Supervision and Corrections Dcpmtment ("CSeD"), and the Dallas County Juvenile Board ("Juvenile
Board"); all. of which were and are collectively referred to in the Original Agreement as the "Governmental Parties",
but may be refenoed to individually as a "Governmenta1 Party"; and
WH,EREAS. pursuant to Commissioners COlH1', Order No. 2011 657, dated April 5.2011, the Original
Agreement was first amended to authorize fees for one additionai program increasing the cost of the County's FiscaJ
Yellr 2010 Single Audit by $10,500; and
\VHEREAS, pursuant to Commissioners Court Order No. 2011 1283, dated August. 2, 201 L the first
extension option of the Original }\greemcnt was exercised to extend the term of the Original Agreement from
November 9, 2011 through November 8, 2012 under the existing terms, conditions, and pricing structure of the
OrigInal Agreement; and
WHEREAS, pursuant to Commissioners Court Order No, 2012 0425, dated March 6, 2012, the-Original
Agreement was amended (-he second time to authorize fees for two additional programs increasing the cost of the
County's Fiscal Year 2011 Single Audit by $21,000; and
WHEREAS, purSU2lI1t to Commissioners Court Order No, 2012 l596, dated September 25, 2012, the
second extension option of the Original Agreement was exercised to extend the term of the Original Agreement
fTom November 9, 2012 through November 8, 2013, as well as third amendment (mislabeled "Amendment No, I")
to the Original Agreement containing new negotiated fees.
NOW THEREFORE, to meet the current financial audit needs of the Govemmem:a! Parties, this
Amendment Number Four to the Original Agreement is adopted as foHows:
AMENDMB.NT NUMBER FOUR TO FIl\'ANClAL AUD1T SERV1CES ACREEMENT FOR COUNTY RFQ No. 201 0-072-5146
84
I. PURPOSE:
This Amendment Number Four amends the Original Agreement between County and Auditor. The
purpose of this Amendment Number Four is to: (l) exercise the third extension option as authorized in the
Original Agreement to include the period of November 9, 2013 througb November 8, 2014 or completion
of the scope of work in this Amendment Number FOllr whichever comes first, (2) establis.h the fees for this
third extension period as authorized in the Original Agreement, and. (3) add some additional terms to the
Original Agreement.
2. AMENDED PROVISIONS:
This Amendment Number Four shall not change or waive any contractual provisions, clauses, or
conditions of the Original Agreement, except as modi.fied herein, each of which are incorporated herein by
reference as if fully reproduced, word for word, and number for number, unless othenvise provided for
herein, The Original Agreement, including any and an incorporated andlo]' referenced documents, exhibits,
attachments, and amendments, specifically County's Request for QuaHfications No. for
Fin.ancia! Audit Services (hereinafter, "County's RFQ"), and Auditor's Proposal (bereinafter, "Auditor's
Proposal"), and any and all incorporated and/or referenced documents, exhibits, attachments, and
amendments that by their terms have been jncorporated into any of the foregoing documents, are
collectively referred to hereln as the Original Agreement. All provisions of the Original Agreement shall
remain in full force and effect throughout the term of the Original Agreement and any duly authorized
amendments and extensions, except as modified by this Amendment Number Four to the Original
Agreement.
3. BILLiNG AND PAYMENT
A. During the period of November 9, 2013 through November 8, 2014, the Governmental PBrties
agree to compensate Auditor at the stated rate us shown below for the proviSion of Services
actually rendered pursuant to this Amendment "Number Four to the Original Agreement:
AllY an.d all additional work beyond the scope of work in this Amendment Number Four to the
Original Agreement must be in \\Tlting by the Governmental Party requesting the
work and wiil be billed at a blended hourly rate of One Hundred Forty Dollars and No Cents
(::140.00) or Seventeen Thousand Five Hundred Dollars and No Cents ($17,500.00) for each
Single Audit program greater than ten (10) with prior approval of Commissioners Court.
B. Fees for SCl'V1ceS
Sea JC of Work Cost
Financial statement audit for Da';['I"a'--s-:C"o-l-m"Ct-y-:jn-cc[-u-,dc-jn-g+-----="---1
r
I
!
I
CAFR. and management letters (including compliance
related to the Public Funds Investment Act). The
finandal statement audit wi,ll be in accord.ance with i
Generally Accepted Auditing Standards and I
Govcmmenta! Auditing Standards. The services \viJ]
be completed and the report issued not later than
March 15, 2014.
H. Finan.cial stRtemerit audit Dalla;-CouDty- funds
administered. by the Dallas County Juvenile Probation
Department (TJPC), in accordance with Generally
Accepted Auditing Standards, Governmental
Auditing Standards, and T JPC audit requirements.
The services will be cornplered and the report issued
----c7c-t not later than February I7. 2014.
iii. Financial statement audit for Criminal Ju;trce
L ____ . .1 Department (l!pds by the Community
AMENDMENT NUMFlER Fmm TO FrNANC1AL Aeon SERVICES AGREEMENT FOR COUNTY RFQ No. 2010-072-5146
I
$140.600.00 I
-
,
$20,300.00
$28, JOO.OO
2
85
and Conections Dei;artmem (CSeD), in

accordance with Generaliy Accepted Auditing
! [ Standards, Governmental Auditing Standards, and I
\ \ Com:nunity Justice ,Assis:ance Division audit \ 1
: I reqUirements. The servIces wJll be completed and the i :J
j report issued not later than 15,2014. .. +1------
iv. Financial. statement audit for Charter School, in "I
accordance with Generally Accepted Auditing
Standards, Governmental Auditing Standards. The i $45,000.00
f--___ f----:l'.7at,ertb311 March 15,2014, ,___ ,_
services will be COl11P leted and the report issued I II
Single audit for Dallas County federal and state I v,
financial assistance. In compliance with I
Governmental Auditing Standards, Office of I ,I
Management and Budget, and Uniform grant I
lTItanagem
t
cnft '$:"1 s.ix (6) I $112,500.00 !
a a cos 0 .L,_., an 3! owmg an mcrcase i
(based upon required federal and state thresholds) of .
up to four (4) additiona.l programs at $] 7,500,00 per
program. The services will be completed and the
report lssued not later than April 30, 20 14. ._"._ ...
vi. Agreed upon procedures f?'o"r"-;:S"'e'=-ct"ioet'-, "-;;8--C
f
""rO-t-ts""in-g- +1----- I
Choice Voucher Program -REAC . $i,600,OOj
C. Fees include the typing of the s"ingle audit reports and management letters.
D. It is agreed that as. work progresses, Aucii10r shall render separate, written bills for services
perfomled. Such billing shall identify the amount due based on progress billings \vith final
payment held until report delivery. AllY and all billing at the blended hourly rate stated above must
specify, at a minimum, the name, title, and hours of service rendered by the Auditor's personnel as
well as which oftlle Governmental Pnrties' the services were rendered for.
E. County may withhold any payments to Auditor if Auditor fails to comply in all material respects
with its obligations; required deliverables, or any other requirements relating to Auditor's
performance of work or services under tbis Amendment Number Four to the Ori.ginal Agreement.
If County withholds payment to Auditor for such failure, County must notify Auditor in writing of
the specific failure within a reasonable time after the fallure is discovered by County and provide
Auditor with a reasonable opportunity to cure the faUure, but which in no event will be more than
Thirty (30) calendm' days. Unless Auditor receives from Connty such notice of failure wit.h (1 stated
time to cure, Auditor shall have the right to halt or terminate Services to the Govemmental Parties
entirely if Auditor does not receive payment within thirty (30) days after the Dallas County
Auditor receives any invoice from Auditor pursuam to thi.s Amendment Number Four to the
Originat Agreement
F. Auditor shall pay an of its own oUl-of-pocket expenses.
G. Auditor will not be paid. or reimbursed for funds used or spent for any unauthorized or
unallowable use under this Amendment Number Four to the Original Agreement or any state
andlor federal regulations.
4, ADDITlIONAL TERMS:
A. Auditor must at all times be authorized 10 do business in. the State of Texas by lhe Texas Secretary
of in good standing with the Texas Comptroller of Public and hold a current,
unexpired license from the Texas State Board of Public Accountancy. Notwithstanding any other
AMENDMENT NUlYlBER FOUR TO FINANCIAL AUDIT SERVICES AGREEMENT Fan COUNTY RFQ NO,2010-072-S146 3
86
provision of any agreement or contract between any of the Governmental Parties and Auditor,
failure by Auditor to maintain any of the requirements of this section of this Amendment Number
Four to the Original Agreement shaH constitute a material breach sufficient to justify immediate
tem1i.nation by any of the Governmental Parties, at their sole discretion, of any and all contracts or
agreements between the Governmental Pm'ties and Auditor.
B, The ORDER OF PRECEDENCE in the event of a conflict between documents IS:
a. T111S Amendment Number Four to Original Agreement
b. Original Agreement
c. Commissioners Court Order No. 2012 1596, dated September 25, 20]2
d. Commissioners Court Order No. 20120425, dated March 6, 2012
e. Commissioners Court OrderNo< 201] 1283, dated August 2, 2011
f. Commissioners Court Order No. 2011 657, dated AprilS, 20! 1
g, Engagement Letters from Auditor
THE IIEMATNDEIl OF THIS PdPE IS INTENTIONALLY LEFT BLANK.
AMENDlvrENT NUMBER F o V J ~ TO FINANC1AL AUDIT SEl1V1CES AGREEMENT FOR COUNTY RPQ No. 201 0-072-5146 4
87
5. ACCEPTANCES:
By their signatures below, the duly authorized representatives of the Governmental Parties and
Auditor accept this Amendment Number Four to the Original Agreement in full and represent that
they are duly authorized to execute this Amendment Nllmber Four to the Original Agreement on
behatf of their party and to validly bind their party to all terms, conditions, perfonnances, and
provisions -set fotih herein.
EXECUTED THIS
DALLAS COUNTY, TEXAS:
Clay Lewis Jenkins
County Judge
Dallas County, Texas
DALLAS COUNTY COMMUNITY
COMMUNITY SUPERVISION AND
CORRECTIONS DEPARTMENT:
Michael Noyes, PhD
Director
Community Supervision
Corrections Department
DaJ\as County, Texas
RECOMMENDED BY:
Virginia Porter
County Auditor
Dallas County) Texas
____ DAY OF
KPMGLLP:
Bm Patrick Hanley
Pmtner
KPMG LLP
,20]3,
DALLAS COUNTY JUVENILE BOARD:
Hon. Chery! I. ...
Chairperson
Juvenile Board
APPROVED AS TO FORM:'
DALLAS COUNTY
CRAIG WATKINS
DISTRICT ATTORNEY
Teresa Guerra Snelson
Chief, Civil Division
Ben L. Stool
*By law, tbe Danas County District' Attomey's Office may only advise or approve contracts or legal documents 011
behalf of its cl ients, It may not advise or approve a contract or legal document on behalf of other parties. Our review
of this document was conducted solely from the legal perspective of our client. Our approval of this document was
offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and
approval by their own respective attorney(s).
AMEJ'.:DMENT NUMBER FOUR TO FlNANCIAl, AUDIT SERVICES AGREEMENT POR COUNTY RFQ No. 2010-072-5146 5
88
DALLAS COUNTY
August 23, 2013
Dallas County Contracted Vendor
Reference: Bid No. 2011.1045734 AImual Contract fcr Paper Towels, Toilet l'aper, Seat
COyers, Trash Bags, and Related Items
Dear Vendor:
The aforementioned contract b-et\\fcen Oallas County and your cornpany "\-\lm expire on Octo-ber
1 ill, 2013. The Dallas County Purchasing Depn ....tment js requesting f:hat Y0l,.lf company extend
this contract for an ad.ditional t\Ildve month period to include terms, conditiOnE find pricing set
fOl1h in the original bid a.ward.
If you are Interested in extending the current contract for an additional twelve momh perlod, please
complete the form below and rclut'lt by August30
tb
2fH3. IfYDu desire to extend this contract we
will. also need an updated insurance certifiC11.te and a current Vendor Statistical Report sub:m11ted.
Should you have any questions: please feel free to contact me -ct 214-653-6223,
Sincerely,
Cfil1r[es (Plica
Charles Price, Senior Buyer'
Please checlc one:
Yes.X ) agree to extend the contract with Dallas Ccnmty at the prices established in Bid No.
20) )104-5734 foran additional elve month period.
No r can"ot extend the Oc'tobcr 13th 2013.
V
Signoo by' __ --i,L!:.--:''l _____ . _______ . _______ _
Company Name:_=&.l'.I."'-"'!..!L--'-'PO"'c""u"'a"/(1l.DJf __ (JD,'-j,p"-', _________ _
Address: li'-l f2i.:()Cfn Road
C.ity, State, Zip Code
19iB.L ___ _
509 Main Street, Suite 623, Dallas Texas 752023340
(214) 653-6223. Pax (214) 6537449' cbarles.price@dallascounty.org
89
DALLAS COUNTY
PURCHASING DEPARTl'v1ENT
August 23,2013
Dallal) County Contracted Vendor
Reference: Bid No. 20i 1-104-S734 Annual Contract for Paper Towels, Toilet Paper, Seat
Covers. Trash Bags, and Related Items
Dear Vendor:
The aforementioned contract between Dallas County and your company will expire on October
2013, The Dalla'S County Purchasing Departrnent is requesting that your company extend
this contract foJ' an additional twelve month period to include terms, conditions and pricing set
forth in the original bid award.
If you are interested in extending the current contract for an additional nvelve month period, please
complete. the form below and return by August 30
tll
, 2013. If you destre to extend this contract we
will also need an updated insurance certificate and a CU1Tent Vendor Statistical Report submitted.
Should you have any questions please fuel free to contact me at 214653-6223.
Sincerely,
Cliar(es Pdce
Charle.s Price, Senior Buyer
Pleasech
Yes _C?':_l' 0 to extend the contract with Dallas County at the prices establ1shed in Bid No,
20l1-104-5734 faT an additionai twelve month period.
No I cannot extend the contract beyond October 131h 20 i 3.
- /!-4i2-0rJ
Signed
Company Name: __ __ __ _

City, State, Zip Code
(214) 653-6223 Fax (214) 653-7449. charles.price@dallascotmty.org
90
08/28/2013 11:13 9722485257
r'1.A.H.S. DIST. HlG.
DALLAS COUNTY
August 23,2013
Dallas County Contracted Vendor
Referellce:
Dear V
Bid 1'10.2011104-5734 Amual Contract for Paper ToV/de, Paper, Seat
Covers. Tra."h and Related Items
The aforementioned contract betw"en Dallas County and YOllf company wili expire On October
17'", 2013. The Dallas County PurcM.sing Depaltment Is lequesting that your company extend
this contract for an additional twelve month pedod to include temls
1
conditions and pricing set
ft')rth in the o-Jiginal bid award.
If you are interested Tn extending the ourrent contract for an addit-ional tvvelvc month period, please
compltte the form below and return by August 2013. !fyou desire to extend this contract we
will also need an updated insurance certHicate and a CUrrei"it Vendor Statistical Report submitted.
Should you have any questions please feel free to contact me at 214653-6223.
S["cerely,
CfiarCes !Price
C11arlcs Price, Senior 'Buyer
Please cheyk one:
Yes _V __ [[ agree to extend the co"tract with Dall.s County at the prlces established in Bid No.
201 H 04-5734 for an additional twelve month redod.
No __ j cannot extend the contract e and OCloh.,' !Jtll 2013.
Signed by:____ ____ __ _
Company Name: __ ..JD. t..J S to \ s::r.J;illL\ "ToR s; __
Address: _____ El..\ "') A. :J-_
c
\).1L \0')
Cit)', Siale, Zip Code C A L..L-lO h..\ \'y: -I SoC> f,..,'--__
(214) 653-6223 Fax (214) 653-7449 charies,price@dallascoul1ly.org
PAGE 01
91
DALLAS COUNTY
August 2j I 2013
DaI1as-COl.llltY COJtttacted Vendcll'
Refl!fCllce: Bid No. Annu3'i Contract for Paper Towels, Toilet-Paper, Seat
Covers, Ti'.l1sh Bags, and Related items
Dear Vendor:
The aforementioned comraci between DaHa .. '> County flUt] your company will expire on- October
2013. The Dallas CDll!l[Y Purchasing: Department is requesting that'your company extend'
this L'ontr-.'lCt for an addition-al tv,'eJve month period to ine-Jude tenl1s, conditions and pricing: set
fonh in Ole original bid award.
!.fyvu 3re'interested 1:\1 extending,the current comrucl j()i" an additional twelve munth pedod. please
lZ-CYlrlJJlete the forl1l below 2nd return by' A fig-US! 30'1',201 J. ffyou, desire to e;:xtend this oontract we
will also need an upo!'ftcid i.Dsufflnce cedi l1Cil-tC ,and a cum.'.n1 Vend{}l' St.atistic-al Report'submitlod.
Should,yoll rHlve <lny questions ple,(lse feel ftee to contact me, at
Sine'ere[ y,
CfiarCes Price
Charles Pric.e, SeDior B'UY0f
/
P]e...1.Se c9-tc.k 011e:
Ye& t agree'w extend the cbrn:mctwith Dallns COllntyat price;festablished'in BW No.
2011 04-5734 for an additional t\ve:'!\Je month. pel'lod,
No 1 cannot exten:d the CQutract beyond Octoher 13620,13.
Signed
COlOrany N'"ne' ____ __ fv __ -- ___________ _
Address: CJ () ! / n < kry_k_?tJt
(:ily, State, Zip COde ____ _ II ."'.L_ 1x----:LC2H1-----______ _
509 Main. Street, Suite 623, Dallas Texas 75202-3340
(214) 653-6223. Fax (214) 653-7449 charlcsprice@dallascounty.m-g
92
DALLAS COUNTY
PURCI-lASING DEPARTMENT
August 23,2013
TO: Greg Gray, Facilities Manager
FROM: Charles Price, Senior Buyer
SUBJECT: Bid 2011-104-5734 Annual Contract for Paper Towels, Toilet
Paper, Seat Covers Trash Bags and Related Items
Bid 2011-104-5734 Annual Contract is for Paper Towels, Toilet Paper, Seat
Covers, Trash Bags, Related Items and the current vendor is Complete Supply,
Empire Paper, Interboro Packaging, Mans Distributors. ihis contract will expire
on Gctober 17. 2013 and there are extension options left on this contract. As the
contract manager your department has three options:
. Option 1:
Option 2:
Option 3:
Exercise the extension option set forth in the bid based on existing
terms and conditions, no changes are required to the contract.
Re-bid this contract. If, your department chose to recbid please
update any required revisions to the specifications, terms,
conditions, and requirements.
The services andlor goods stated in this contract are no longer
required by this department. Please cancel all future solicitation
requests relating to this contract.
Please return this form, signed and completed, no later than August 28th, 2013.
Should you have any questions, please contact me at 214-653-6223. Your
cooperation to this matter is greatly appreCiated.
REPLY: Upon review of the aforementioned contract: (Please initial one only
and sign below).
~ Services currently performed by the Contractor are in compliance with
contract requirements. As a result of the contract extension options contained
within the solicitation, this department requests that the contract is extended for
an additional twelve month period. If your department chooses to extend, how
would you rate vendor performance for the requested services and/or products
(214) 653-6223. Fax (214) 653-7449 CharJes.price@daUaSCollnty.org
93
over the past months? (This survey information is required per Commissioners
Court).
1. How would you rate each vendor quality of work performed? 4- Excellent, 3-
Good, 2-Satisfactory, or 1- Poor. eJ
Please state response he re '-..If-' __
2, Was work completed or products delivered in a timely manner? 5-Always,4-
Most of the time, 3-Some of the time, 2-Seldom, or i-Never.
Please state response here: S
3. How would you rate each vendor's responsiveness to Dallas County inquires
or problems? 4-Excellent, 3-Good, 2-Sallsfactory, or i-Poor.
Please state response here:_-\4, __
4. How would you rate each vendor overall performance for the requested
services/and or products over the past 12 month? 4-Excellent, 3-Good, 2-
Satisfactory, or i-Poor.
Please state response here:--=t __ _
5. HaLu had any problems with the current vendor?
No
Yes __ _
Please elaborate on any areas of concern or where Improvement is required:
[ 1 Please re-bid this contract. Revisions are required and have been made
(see attached).
[ 1 Services and/or goods stated In this contract are no longer required by
this department. Please cancel all future solicitation requests
relating to this contract
_iJotM ~ 1 { ~ < "
Contract Manager Authorized Signature Date
94
Printed '
Name:_.JLW"'-L,"i,J.-(l
lh
il!,':12' oJ"---!G ..... "-b-"'l>';J'---hL.fiu.utilk::wAl"-'<fUR"--_____ _
95
Sep 17 1309:478
D&A Building Servioes Inc
September 16, 2013
Mr. Amonio Espinel
D&A B"oding Services Inc.
4() 1 SoUih Sherman
Suite 201
Richardson, TX 76001
DALLAS COUNTY
972-664-1849
p.2
RE: Bid No, 2012-.012-5794- Annual Contract for Janltcrial Services- for the Southwestem 1nstllute of Forensic SdencesfOffice
of the Medical Examiner Facllily
Dear Mr, EspiMi:
The aforementioned contract between Dallas County and D&A Building Services Inc. is due to expire on November 30, 2013.
This conlrdct ""ntains a efovlsion f1)l' ""Ien,;on and may be extended for an additional On8 (1) year peried from December 1,
2C13 through November 30, 2014. PJi iErms, rond"io", and pridng Slructure of the original contract wm be unchanged throngh
the extension period e<cept as provided in the contract.
The pUfp<JSe oflnis letler is (0 solldt your Im.olio" regarding Ihe extension of Ihis contract. Ii does nol constitute a cnnirac\ual
oommitmenL Your response will be an offer of exmnslon 10 Dal1as County, ,t will be reviewed by the County 'for compliance with
contract terms and conditions.
All extensions of tile proposed contract ,nil be based on the availability of departmental fundIng, vendor penormance and mutual
agreement by ai parnes involved,
Please indicate be[o'll your intentions regarding the exiension ofthisccntract and return the lgned letter along with an uodated
EE()l form (attache!!] to tile Dallas Couniy Purchasing Department via Ill)( [214-653-7878) no later than September 30, 2013,
Sincerely,
Sam A. CODoer
Senior Buyer
-l['"
- '---
ed Sf re
___ No, we do not wish to e,tend tilis contract.
__ 9117113 __ -::-_
Date
Drinted Name: __ Alberi Sarabasa, ___________________ _
TEi..EPHONE e-MAIL AD DRESS: antonb@dabutldlngservi"Ces.DOrn
509 Main Street, 6" Floor, Suite 623, Dallas Texas
, .... , A\. ""..,,, .... (">1 ...1"\ _
96
PLEASE READ AND RESPOND PROMPT!. Y
September 13,2013
To: Stephen Thompson - Facilities Management
From: Sam Cooper, Senior Buyer
Subject: Bid No. 2012-012-5794, Annual Contract for Janitorial Services for the Southwestern Institute of
Forensic Sciences/Office of the Medical Examiner Facility
The aforementioned contract, as awarded to D&A Building Services, is due to expire on November 30.2013
As the Contract Manager for this service andlor goods your department has three (3) options:
Option 1: Exercise the extension option set forth in the bid based on existing terms and conditions. All
extensions are subjeot to final approval and authorization by the Dallas County Commissioners
Court.
Option 2: R e ~ b i d this contract. If, your department chooses to re-bid, please update any required revisions
to the speoifications, terms, conditions, and requirements.
Option 3' The services andlor goods stated in this contract are no longer required by this department
Please cancel all future solicitation requests relating to this contract
Please sign and relum this form with all comments andlor revisions (if any) to the Purohasing Department,
Attn: Sam Cooper, no later than September 20,2013. Should you have any questions. please contact me at
214-653-6304. Your cooperation in this matter is greatly appreciated.
REPLY: Upon review of the aforementioned contract: (Please iniiial one only and sign below.
\.-
1>11
Servioes currently performed by the Contractor(s) isiare 'In compliance with contract reqUirements. As a
result of the contract extension options contained within the solicitation, this department requests that
the contract be extended for an additional twelve (12) month period. If your department chooses to
extend, how would you rate vendor performance for the requested services andlor products
over the past 12 months? (This survey informalion is required per Commissioners Court
request).
1. How would you rate each vendor quality of work performed?
4- Exoellent, 3-Good, 2-Satisfactory, or 1- Poor.
Please state response here :3
2. Was work completed or products del'lvered in a timely manner?
5-Always, 4-Most of the time, 3-Some of the lime, 2-Seidom, or 1-Never.
Please state response here '1'
97
3. How would you rate each vendor's responsiveness to Dalias County inquiries
or problems? 4-Excelieni, 3-Good, 2-Satisfactory, Of 1-Poor.
Please state response here '3
4. How would you rate the courtesy of the vendor's employees?
4-Excellent. 3-Good, 2-Sallsfactory, or 1-Poor
Please state response hel'e "I
5 How would you rate each vendor overall performance for the requested
services/and or products over the past 12 months?
4-Excellent, 3-Good, 2-Satisfactory, p 1-Poor.
Please state response here -'1
Please elaborate on any areas of concerns or where improvement is required:
Please re-bid this cOrltract. Revisions are required and have been made (see
attached).
Services and/or goods stated in (his contract are no longer required by tt1is
or Contract Manager Date
Printed Name (from above):
cc: i=ile Bid No. 2012-012-5794
98
DALLAS COUNTY
PURCHASING DEPilRTMENT
September 20, 2013
Mr. Tony Ediaie
EDt Environmental Technology,.lnc.
2510 Southwe!1 - Suite #1 !2
Dallas, TX 75229
FiLX: 972-243-4194
Email: tkmatt@sbcglobaLnei
Re: Bid No.20 Anl'lUa.\ Cone"act for Asbestos, Lead, and Mold Assessment and Consu:!tant
Services
Dcar Me. Ed!ale:
The aforementioned contract extension between Dallas COUllty arrd your compa.ny win explre on
November S, 2013. The Dallas Co-unty Purchasing Department would like-to exercise one
extension on this contract for an additionallwelve (12) mOl)th period to include terms, conditions
and pricing set forth in the original bid aw.ard.
Ifyou are interested in extending the current contract, plea.-:c complete the form below and return
by September 25,2013. 1'1' you desire to extend this contract we will also need an updated
insurance certificate and a current Vendor Statistical Repali submitted.
Should you have any questions please fee! free to contact me al214-653-776J.
Sincere.ly,
fiJ!mlM<!, !{}k,tIJia,n,
Lenora Sevillian, Purchasing Contracts Supervisor
Dallas County Purchasing DepaJiment
Please check one:
y es r agree to extend the contract with Dallas County at the prices estllb I isbed in
Annual Contract No. 2013-003-6\69 for a twelve (12)month period.
No __ -.--- r cannot extend the contract beyond November 5, 20 I J,
Signed by:
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ompany I arne: __ '
(214) 653-7763. Fax (214) 653-7449 .1enora,sevillian@daliascounty,org
99
DALLAS COUNTY
September 17, 2013
TO:
FROM:
SUBJECT:
John Clark, Engineering and Project Management
Lenora Sevi.llian; Purchasing Contracts Supervisor
Bid No. 2013-003-6169 Annual Contract for Asbestos/Lead/Mold
Assessment / Consultant Services
The aforementioned conn'act, as awarded to ED! Environmental Technology, Inc. will
expire on November 5,2013. As there are two (2) remaining extensions on this contract,
your department has three options:
Option I:
Option 2:
Option 3:
Exerci.se the extension for a twelve (12) month period based on existing
terms and conditions, no changes are required or allowed to the contract
Re-bid this contract. If your depanment chose to re-bid please update any
required revisions to the conditions) and
requirements.
The services and/or goods stated in this contract are no longer required by
this department. Please cancel all future solicitation requests relating to
this contract
Please return this form, signed and completed, no later than September 24, 2013.
Should you have any questions, please contact me at 2 J 4-653-7763. Your cooperation
regarding this matter is greatly appreciated.
REPLY: Upon review of the afi:>rementioned contract: (Please initial one only and sign
below).
[X 1 Services currcntly performed by the Contractor are in compliance with contract
requirements. As a result of the contract extension options contained within the
solicitation, this department requests that the contracl is extended for an additional twelve
(12) month period. If your department chooses to extend, how would you rate vendor
perfornlance for the requested services and/or products over the past months? (This
survey information is required information on each contract per Commissioners Court),
509 Main Street, Suite 623, Dalias, Texas 75202-3340
(214) 653-7763 * Fax (214) 653-7449 * lenora.sevillian@daliascounty.org
100
1. How would you rate each vendor's quality of work performed?
2-Satisfaotory, or 1- Poor.
Please state response here: __ 3 __
2. Was work completed or products delivered in a timely manner?
the time, 3-Some of the time, 2-Seldom, or I->Jever.
4- Excellent, 3-Good,
5-Always, 4"Most of
3. How would you rate each vendor's responsiveness to Dallas County mqUlres OJ'
problems? 4-Excellent, 3-Good, 2-Saiisfactory, or I-Poor.
Please state response here: ... _L_ ..
4. How would you rate each vendor's overall pcrfc)[1nauce for the requested
services/and or products over the past 12 month? 4-Excellent
l
3-Good
l
2-SatisfactorYI or
I-Poor.
5. I-lave you had any problems with the current vendor? yes ______ ._
Please elaborate on any areas of concern or where improvement is required:
Re-bid this contract. Revisions are required and have been made (see attached).
Services andlor goods stated in this contract are no longer required by this
John Clark
-:---:-=-----_._----_.
Contract Manager Authorized Signature Date
Printed >Jame: _____ __
Attachment
101
DALLAS CO PURCHASING Fax: 2146537878
DALLAS COUNTY
Septemoer 17. 2013
Allison Wilmes_ier
Bob aarker Company, Inc.
134 N, Main Street
Fuquay-Y!U'in., NC 27529
Sep 17 2013 8:33
P.02
Reference: Bid No. 2013-007-6188. Annu.l Contract for the Purchase of Mattl'e .. for the Detention
Faoilities
Dear Wilmesmefer
The aforementioned contract between Dallas County and Bob Barker Company, Inc., wi!! expire on
Novcrnoer S, 2013. The Dallas County Purch.sing Departrnent is requesting that your company
extend this contract for an additional twelve month period. to inelude term conditions and pricing 'et
forth in tile original bid award,
If you are interested hl extending the current contract for an additional twelve monn, period please
complete the form below nnd rel;gmb
v
Septwber 23. 2Qll. If you desire to this contl'""t we
will also noed au updated in,urance certificate and. current Vendor Statistical Report submitted.
Should you h.v. any questions please feel me to contact me at 214-6537933.
PleilSli7k one:
Yea _. __ I agree to exte"d the contract with Dallas County at the prices establisbed in Bid #2013.
007.6188 for an additional lwelve month period (NoYemb" 6, 2013 through Novemb.t 5, 2014).
No roann .. ot extend the contr!'otp,}'yond November 5. 2013
- I (A/0L . .4!t:
Signed by: 'YlkiAA.JJJi
Printed Name: ____ N_en_n_a_M_a_n_n __________
nennamannbobbarker.com Emai1: ______ __________________ _
____ ________________ ___
Address' ______ 13_4 __ N:....,:M=ai;::n..;S;.;.t ______________ _
City. Slato. Zip Code Fuquay Varina, NC 27526
(214) 6537933. Fax (2l4) 653-7878. debra.morris@dallascounty.org
Date:
TO:
FROM:
SUBJECT:
102
DALLAS COUNTY
PURCHASmO DEPi\RTMENT
September 17, 20 13
Darryl Thomas, Sheriff Department
Captain Earnestine Sanders, Sheriff Department
Debra Morris
Bid No. 2013-007-6188 Annual Contract fur Mattresses for the Detention Facilities
111e aforementioned contract, as awarded to Bob Barker Company, Inc. Uniforms, Inc., is due to expire on
November 5,2013. As the Contract Manager for this service, your department has three (3) options:
Option 1:
Opti0112:
Option 3:
Exercise the extension option set forth in the bid based on existing terms and cond.ilions.
All extensions are subject to final approval and authorization by the Dallas County
Commissioners Court.
Re-bid this contract. ffyour department chose to re-bid, please update any required
revisions to the specifications, terms, conditions, and requirements.
The services and/or goods stated in this contract are no longer required by this department.
Please cancel all futme solicitation requests relating to this contract.
Please sign and return this fOll1l with all comments andlor revisions (if any) to the Purchasing DepaltTnent,
fax number 214-653-7878 atto: Debra Morris, no later than September 20, 20J 3. Should you have any
questions, please contact me at 214-6537933. Your cooperation is greatly appreciated.
UEPL Y: Upon review or the 2foremelltimled contmct: (PlellSo initial on. alld sign below).
Services cun'ently performed by the contractor(s) is/are in compliance with contract
requirements. As a result of the contract extension options contained with the
solicitation. tbis department requests that the contract is extended for an additional
twelve (12) month period. If your depalimellt chOSe ttl extend, how wo,,11l YOII rate
..,.IIdor ror the requested services and/or pI'oauds over the pas! 1.2
",,,,,tlls? (Tills survey l"fofl"",tIOl! i, req"irt'<i pCI' COillmi"'one", C@]'! .... Illest).
L How would you rate each vendor's quality of work performed?
4.Bxcellent, J-Good, 2-Satisfactory, or i.Poor.
Ple"se statc reSI,rmsc here 4-
2. Was work completed or products delivered in a timely mlmner?
5-Always, 4Most of the tbne, 3-Somc of tile time, 2-Seldom, 01' INever
PI"" .. stat. I'esp"""" ltere __ L
509 Main Street, 6"' Floor, Suite 623, Dallas Texas 75202-3340

[ 1
3.
4.
5.
6.
103
How would you rate each vendor's responsiveness to Dallas County inquiries
or problems?
4-Excellent, 3-Good, or I-Poor.
Please state resllonse here "
How would you rate vendor employee courtesy?
4-Excellent, 3-Good, 2-Satisfactpry, or I -Poor.
Please stllte response Ilere._.::>:::.._
How would you rate each vendor overall performance for the requested
services/and or products over the past 12 months?
4--Excellent, 3-000<1, 2-Satisfactory, or ]-Poor,
Please stat" respouse here f
Any problems with the CUITJ"t vendor ovor the past 12.
months'! [ J Yes or [ V1 No (ehed"m,,) If so, state the problems,
Please re-bid this contract. Revisions are required and have been made,
Services and/or goods stated in this contract are no longer requited by this clop'ltmen!.
Please cancel aU future solicitation requests relating to this contract.
//

- Jb
7
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Aut'lOrized Signature --::::?
Printed Name
-------
Co: Fite Bid No, Bid No. 2013-0()7-6188
Date. (
104
DALLAS COUNTY
October I, 2013
TO: Commissioners Court (J
""l.1J
Shannon S. Brown, Purchasing Agent'::"6 L
FROM:
THROUGH: Lenora Purchasing Contracts Supervisor
SUBJECT: Request for Proposal Ground Mosquito Spraying (DCHHS)
Bacl<:gl'Ound
A Request for Proposal has been writte.n seeking solicitations from finns or organizations for Ground Mosquito
Spraying services for Dallas County Health and Human Services Department DCHHS has deemed it necessfu")' to
solicit (i contract, which would be utilized to aid in the reduction of public health risk of Dallas County residents by
abating mosquitoes with larvicides and adulticides to maximize the efficiency and tImeliness of ground spraying,
This service will. be in place to allow Dallas County to control the mosquito population and keep our citizens safe
B:om possible diseases spread by the insect. In accordance with County poUey, the purpose of this briefing is to
request authorization to proceed with soliciting requests for this service.
Operational Impact
The primary emphasis of the RFP is to obtain through the competitive solicitation process, the services of vendors
who call provide ground spraying to tTeat mosquitos in Da!1as County. The rating criteria and points assigned arc as
follows:
Criteria Points
] Cost of Services 30
Il Program Design 15
III Response Time 20
IV Experience 20
V M/\VBE Participation 15
Total Points 100
Evaluation of the proposals will be completed and scored by representatives ITom the following Dallas County
Departments: Facilities, and Auditor's Offtce. The M!WBE Officer will soiely score the MiWBE
compllance and participation forms.
Financial Impact
The funding for Ground Mosf]uito Spraying services will come from the DaBas County General Fund.
Recommendation
It is the recommendation of the Purchasing Department, U1 conjunction with DCHHS that the Dallas Coumy
Commissioners COUlt approve the release of the attached RFP for Ground Mosquito Spraying (DCHHS) and
authorizes the Purchasing Department to advertise solicitations in accordance with local procurement laws. Should
the Court concur with the aforemenlioned recommendation, a Court Order will follow next week for the Comi t.o
approve on the FOlmat Agenda.
509 Main Street Suite 623, Dallas, Texas 75202-3340
(214) 653-7763 . (214) 653-7449 . lenora.sevillian@dallascollnty.org
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105
RFP Number: 20140086389
Request for Proposals for
GROUND MOSQUITO SPRAYING
(DCHHS)
PREBID CONFERENCE:
October 21,2013@ 10:00 a.m.
509 Main Street, Records Building
6
th
Floor, Room #608 IT Conference Room
DaHas, TX 75202
QUESTIONS DUE:
October 25, 2013 @ 2:00 p.m.
PROPOSAL DUE DATE:
November 11, 2013 @ 2:00 p.m.
Dallas County Purchasing Department
Attn: Lenora Sevillian
509 Main Street, 6
th
Floor, Room 623
Dallas, Texas 75202
106
NOTICE TO All PROPOSERS:
Upon release of the proposal and during the proposal process, firms and their employees
of related companies as well as paid or unpaid personnel acting on their behalf shall not
contact or participate in any type of contact with County employees, department heads
and/or elected officials. Such contact may result in the vendor being disqualified. All
contact must be coordinated through Lenora Sevilfian, for the procurement of these
services.
All questions regarding this RFP or Solicitation are to be submitted in writing to Lenora Sevillian,
Purchasing Contracts Supervisor with the Dallas County Purchasing Department via e-mail
lenora,sevillian@dallascountv,org, or by fax 214-653-7449, or via mail to Dallas County
Purchasing, 509 Main Street, 6
th
Floor, Room 623, Dallas, Texas 75202, Please reference the
RFP/Solicitation number on all correspondence to Dallas County,
All questions, comments and requests for clarification must reference the RFP/ Solicitation
number on all correspondence to Dallas County, Any oral communications shall be considered
unofficial and non-binding,
Only written responses to written communication shall be considered official and binding upon
the County, The County reserves the right, at its sole discretion, to determine appropriate and
adequate responses to the written comments, questions, and requests for clarification,
*NOTE: All addendums and/or any other correspondence (general information, question and
responses) to this RFP will be made available exclusively through the Dallas County website for
retrieval. Proposers are solely responsible for frequently checking this website for updates to
this RFP, Addendums to this RFP can be located at the following web address:
http)/wwwdallasCDunty.orgJdeoartrnentipurchasing/currentbids,php (go to the appropriate RFP #, click on the
appropriate hyperlink for viewing and/or downloading,)

REQUEST FOR PROPOSAL#2014,008,6389 PAGE 2
107
READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS.
You ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS.
1.0 Introduction
Dallas County is requesting proposals from qualified Ground ULV Mosquito Spraying firms engaged in the scope of services
ccvered by this RFP and possessing the quaiifications, experience, and capacity to assist and support the Dallas County Mosquito
Control Program and its partnering cities! entities with efforts to abate mosquito disease carrying mosquito populations and
mitigate mosquito-borne disease transmission. It is the intent of Dallas County to enter into a non-exclusive annual contract ior
Ground ULV Mosquito Spraying. Through the procurement process we will execute a contract to provide all labor. materials. and
supplies needed to provide ground spraying services.
The objectives of this RFP are to reduce public health risk ofDalias County residents and those in surrounding municipalities due
to mosquito-borne diseases, by abating mosquitoes with larvicides and adulticides to maximize the efficiency and timeliness of
ground spraying during applicable responses and maximize cost effectiveness of the program services, while utilizing publicfunds
responsibly.
2.0 Contract Period
Selected offeror(s) will be awarded a twelve (12) month contract. Dallas County, at their option and upon mutual consent of all
parties involved, may choose to extend this contract for four (4) additional twelve (12) month periods based on existing terms.
oonditions and prices setforth in the original RFP. All prices must remain firm during the duration of this contract and any
extensions. Services provided will be paid forfrom the appropriate fiscal year funds provided by Dallas County Commissioners
Courts, Contracts are subject to availability of funds from Dallas County Commissioners Court. All representations made by any
departments are subject to the fiscal year funding andlor appropriations and do not represent an obligation on the part of the
Dallas County, and State ofTexas,
3.0 Proposal Submission Deadline
Proposals shall be submitted no later than the Proposal Deadline time and date. Offerors shall respond to Ihe written RFP and any
exhibits, attachments, or amendments. An Offeror's failure to submit a proposal as required before the deadline shall cause their
proposal to be disqualified and returned to the bidder upon request. Dallas County will not be held responsible for unmarked
proposals, improperly marked proposals or proposals delivered to the wrong location, Offerors mailing proposals should allow
sufficient mail delivery period to insure timely receipt of their proposals by the Dallas County PurchaSing Department. Proposals
may not be delivered orally, by facsimile transmission or e-mail, or other telecommunication means. All proposais must be
delivered in sealed packages or containers.
3.1 Pre-Proposal Conference
The County will hold one Pre-Proposal Conference on October 21. 2013 @ 10:00 A.M, at 509 Main Street, Records
Building, 6'"' Floor, Room #608, IT Conference Room. Attendance at the Pre-Proposal Conference is voluntary and not a
prerequisite to submitting a Proposal, however it is strongly encouraged that all potential Proposers attend,
4.0 Administrative Information
4,1 Incorporation of Proposal into the contract:
The contents of this proposal and the selected Offerors response cost and any negotiated changes are to be
incorporated, in its entirety, into the Contract.

REQUEST FOR PROPOSAL #20140086389 PAGE 3

108
4.2 RFP Coordinator: The main point of contact for this RFP shall be
Lenora Seviliian, Purchasing Contract Supervisor
Dallas County Purchasing Department, 509 Main Street 6
TH
Floor, Room 623
Dallas, Texas 75202
214-653-7763/214653-7449 Fax
lenora.sevillian@dallascounty.org
The main point of contact shall hereinafter be referred to as the RFP Coordinator.
4.3 Communications Regarding the RFP
4.3.1 Communioations Paragraph! Restrictive
During the proposal process, firms shall not contact County staff. Additionally, firms and their employees of
related companies as well as paid or unpaid personnel acting on their behalf shall not contact or participate in
any type of contact outside the County offices with County employees, including elected officials. Such contaot
may result in the vendor being disqualified. All contact must be coordinated through Lenora Sevilfian, RFP
Coordinator, for this procurement.
4.3.2 Upon release of this RFP, all offeror communications ooncerning this procurement must be directed to the RFP
Coordinator.
4.3.3 All communication should be in writing to the RFP Coordinator. Any oral communications shall be considered
unofficial and non-binding. Written comments, including questions and requests for clarification, must referenoe
the RFP number and should be submitted no later than October 25
th
, 2013@2:00p.m.
4.3.4 The County shall respond in writing to written communications. Such response shall constitute an addendum to
the RFP. Only written responses to written oommunication shall be considered official and binding upon the
County. The County reserves the right. at its sole discretion, to detennine appropriate and adequate responses
to the written comments, questions, and requests for clarification.
4.4 Proposal Submittal
4.4.1 Offerors are to provide one (1) original, clearly labeled, and six (6) eleotronio CD or USB drive copies oftheir
proposal All proposals must be bound and furnished in a sealed package and be clearly marked with RFP
solioitation number and title.
Proposal must be signed by an individual with authority to bind the firm in a contraot with Dallas
County.
4.4.2 All proposals must be submitted to:
Dallas County Purchasing Department
Attn'. Lenora Sevillian
509 Main Street, 6
'h
Floor, Room 623
Dallas, Texas 75202
NOTE: All Addendums and any additional applioable oorrespondence (questions/responses) to this RFP will be made available
"exclusively" through the Dallas County website for viewing/retrieval. Vendors are solely responsible forfrequently checking the
website for updates to the solicitation. Addendums to this solicitation can be looated at the following website:
orgo to the applicable Bid # and cliCK on the associated
addendum or general information hyper!ink .
REQUEST FOR PROPOSAl#2014-0086389 PAGE4
109
4.5 Proposal Preparation Costs
Dallas County shall not be responsible or liable for any costs associated with the preparation, submittal, presentation, or
other costs incurred by partiCipating in this proourement process.
4.6 Proposal Withdrawal
A proposing Firm may withdraw their Proposal by submitting a written request for its withdrawal, such request having the
signature of an authorized company representative, to the County Procurement Coordinator at any time prior to the
submission deadline. The Firm may thereafter submit a new Proposal prior to the deadline. Modifications offered after
the deadline and before the SAFO process will not be considered.
4.7 Proposal Amendment
The County shail not accept any amendments, revisions, or alterations to proposals after the deadline for submiffa! uniess
such is formally requested in writing.
4.8 Ambiguity, Conflict or Errors in RFP
Due care and diligence has been used in the preparation of this information, and it is believed to be substantially correct.
Howevel', the responsibility for determining the full extent olthe exposure and the verification of al[ information presented
herein shall rest sole[y with the offeror.
If a Firm discovers any ambiguity, conflict, discrepancy, omission or other errOr in me RFP, he shall immediately notify me
County of such error in writing and request modification or clarification of the document. Any modification made to this
RFP will be issued as an addendum. Written notice wil[ be given to all parties who have been furnished with the RFP
without divulging the source of the request
[f a Firm fails to notify the County prior to the date and time fixed for submission of Offers of an error or ambiguity in the
RFP known to him, or an error or ambiguity that reasonably should have been known to him, he shall not be entitled to
additional time by reason of the error/ambiguity or its late resolution.
The County may also modify the RFP prior to the date and time fixed for submission of Offers by issuance/posting of an
addendum. AI[ addenda will be numbered consecutively beginning with 1.
4.9 Proposal Acceptance Period
Each proposal shall be valid for a period of ninety (90) days after the RFP submission deadline date to allow time for
evaluation, selection, and any unforeseen delays. The ninety (90) days may be extended by mutual agreement of the
parties.
4.10 Right to Rejection
4.10.1 Dallas County reserves the right. at its sole discretion, to reject any and a[1 proposals or to cancei this RFP
entirely if detemnined to be in the best interest of Dal[as County. Any Firm who is currently Invo[ved, either
directly or indirectly with any litigation against or involving the County, which, as determined by the
Commissioners Court, may not be in the best interest of the County may be disqualified andlor not considered
for an award
4.10.2 Any proposal received which does not meet the requirements of this RFP may be considered to be non-
responsive, and the proposal may be rejected. Offerors must compiy with all of the terms of this RFP and all
applicable Federal, State and Locai laws and regulations. Dallas County may reject any proposal that does not
comply with all of the terms, conditions, and performance requirements of this RFP,
REQUEST FOR PROPOSAL #201400S-S389 PAGE 5

110
4.10.3 Dallas County reserves the right, at its sole discretion, to waive any technicality in proposals provided such
action is in the best interest of Dallas County. Where Dallas County waives minortechnicalities in proposal, such
waiver does not modify the RFP requirements or excuse the offeror from full compliance with the RFP.
Notwithstanding any minor technicalities, Dallas County may hold any Offeror to smct compliance with the RFP.
4.11 Disclosure of Proposal Contents
All submitted Proposals become the property of the Dallas County, and shall be subject to any applicable open records
statutes. The content of all RFP's submitted shall remain in effect for a minimum period of 180 days.
Information requested in the RFP deemed by the responding firm to be privileged and confidential must be marked
"Privileged and Confidential Information." The County will endeavor to protect such information from disclosure to
competitors to the extent allowable by law. Responding firms are advised that responses are subjectto the Texas Public
Information Act (Texas Open Records Act), Chapter 552, Texas Government Code.
All Proposal information, including detail price and cost information, shall be held in confidence until a contract is fOrmally
executed andlor the RFP is cancelled. Upon award, the Proposals and associated materials shall be open for review by
the public in accordance with The Texas Open Records Act. By submitting a Proposal, the proposing Firm acknowledges
and accepts that the full contenis olthe Proposal and associated documents shall become open to public inspection. The
County will uphold the confidentiality of Vendor trade secrets to the extent allotted by law. All confidential information and
trade secrets must be clearlv identified and separated bv the Firm prior to submission of the Offer.
4.12 On-Site Inspection
After opening of proposals and priorto award, Dallas County reserves the right to make a pre-award site visit of any or all
Offeror's facilities to be used in the performance of work under this solicitation. Offeror agrees to allow all reasonable
requests for inspection of such facilities with two (2) days advance notice. Failure to allow such an inspection sha!! be
cause for reject of proposals as non-responsive. Dallas County reserved the right to reject facilities as unacceptable for
performance under this solic'itation as a result of such site ViSit survey.
4.13 Implied Requirements
Products and services not specifically mentioned in this RFP, but which are necessary to provide the service described by
this RFP, shall be included in the proposal. It is intended that this RFP describe the requirements and response format in
sufficient detail to secure comparable proposals.
4.14 Proposal of Additional Services
If an Offeror indicates an offer of services in addition to those required by and described in this RFP, these additional
services may be added to the original contract at the sale discretion of Dallas County.
4.15 indemnification
Offeror agrees that it will protect, defend, indemnify, and save whole and harmless Dallas County and ali of its officers,
agents, and employees from and against all claims, demands, causes of action, damages,judgments, loss and expenses,
including attomey's fees, of whatsoever nature, character, or description that any person or entity has or may have ariSing
from or on account of any injuries or damages (including but not restricted to death) received or sustained by any person,
persons, or property, on account of, arising out of, or in connection with the performance of the work, including property,
on account of, arising out of, or in connection with the performance of the work, including without limiting the generality of
the foregoing, any negligent act or omission of the Contractor or any agent, servant, employee or sub-contractor of the
Contractor in the exeoutlon or performance of this agent, servant, employee or sub-contractor of the Contractor in the
execution or performance of this Contract. Offeror further agrees to protect, indemnify and hold Dallas County harmless
against and from any and all claims and against and from any and all loss, cost, damage, judgments or expense,
including attorney's fees arising out the breaoh of any of the requirements and proviSions of this contract of any failure of
Contractor, its employees, offioers, agents, contractors, invitees, or assigns in any respect to comply with and perform all
the requirements and provisions hereof.

REQUEST fOR PROPOSAL #2014-0086389 PAGE 6

111
4,16 Liability and Other Insurance Coverage
Any vendor that conducts business with Dallas County, whether it is for goods and/or serJices, must maintain lawful
worker's compensationlself insured employee coverage requirements and adequate liability limitations,
The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with
companies duly licensed to do business in the State of Texas, possessing a current A.M. Best, Inc. Rating of "A" or better.
The policies may provide coverage, which contain deductible or self insured retention, Such deductible and/or self
insured retention shall not be applicable with respectto the coverage provided to Dallas County under such poliCies, The
Contractor shall be solely responsible for ail deductibles and/or selfinsured retention,
Within ten (10) days after contract award and prior to the commencement of any work or delivery, the Purchasing Agent
requires the successful vendor(s) to submit verificadon of the following coverage, The Insurance coverages, except
Workers Compensation and Professional Liability, required by this Contract, shaH name Dallas County and its officers,
employees and elected officials as additional insured(s) (as the interest of each insured may appear).
4.16.1 All insurance required herein shall be maintained in full force and effect through out the term of this contract,
including all extensions,
(a) Automobile Liability: Contractor shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit of bodily injury and property damage not less than
$100,000/300,000/100,000 or combined single limit of$400,000.00 each occurrence with respect to
the Contractor's any owned, hired. and nonowned vehicles assigned to or used in performance of this
contract;
(b) Commercial General Liability: Contractor shall maintain Commercial General Liability insurance with a
limit not less than $1,000.000,00 for each occurrence with a $2,000,000 Products/Completed
Operations Aggregate and a $2,000,000 General Aggregate Limit The policy shall include coverage
for bodily injury, broad form property damage, personal injury, products and completed operations and
blanket contractual coverage;
(d) Professional Liability: Contractor shall maintain Professional Liability Insurance with a limit not less
than $1,000,000.00 covering ali individuals periorming under the contract; and
(a) Workers Compensation or selfinsured employee coverage meeting the acceptable requirements as
established by the Texas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Code.
4,16.2 Contractor agrees that, with respect to the above referenced insurance, all insurance contracts will contain the
following required provisions
(a)
(b)
(c)
(d)
(e)
Except Workers Compensation and Professional Liability, name Dallas County and Its officers,
employees and elected officials as additional insured(s) (as the interest of each insured may appear)
as to all applicable coverage;
Provide for thirty (30) days' notice to the County for cancellation, non renewal or material change;
Provide for endorsement that the 'other insurance" clause shall not apply to Dallas County where
County is the additional insured on the policy;
Provide for notice to Dallas County of any changes to policy;
Contractor agrees to waive subrogation against Dallas County, its cfficers and employees for injuries,
including death, property damage or any other loss;
Default/Cumulative Rightsl Mitigation. It Is not a waiver of default if the nondefaulting party fails to
immediately declare a default or delays in taking any action. The rights and remedies provided by this
Contract are cumulative, and either party's use of any right or remedy will not preciude or waive its
right to lise any other remedy. These rights and remedies are in addition to any other rights the parties
may have by law, statute, ordinance or otherwise. Contractor has a duty to mitigate damages;

REQUEST FOR PROPOSAL#201400B6389 PAGE 7
112
(g) Approval and acceptance of Contractor's services by County shall not constitute nor be deemed a
release of the responsibility and liability of Contractor for the accuracy and competency of Contractor's
Services; nor shall such approval and acceptance be deemed to be an assumption of such
responsibility by the County for any defeot, error or omission in the services perfomned by Conu'actor in
this regard; and
(h) Contractor shall provide that all provisions of this contract concerning liability, duty and standard of
care, shall be underwritten by contractual liability coverage sufficient to include obligation within
applicable policies.
Vendol's andlor their freight contractors must be prepared to show coverage verification prior to entering upon Dallas
County premises.
Failure to comply with lawful requirements or adequate liability requirements may result in delay of payments, subject to
the orders ofthe Commissioners Court, not to exceed a period of up to two years from the termination ofthe contract, or
cancellation of the contract or both. (Court Order 2003-1792, September 30,2003)
4.16.3 All certificates of insurance shall be identified with the RFP number.
4,16.4 Offerors compliance with the above insurance requirements shall not relieve Offeror from any liability.
4.17 Other insurance and endorsements (Required for Pollution Control).
4.17.1 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 hereof,
insurance coverage written by company's authorized to conduct business in the State of Texas and acceptabie
to the County, in the following type(s) and amount(s). All cost or expense if insurance, and any and all
deductibles shall be paid by Contractor without any liability to or reimbursement from County.
4.17.2 Prior to approval of any POlWork Order by the County Commissioners Court, Contractor 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 no duty to payor perform under the Contract until such ceritiicate(s)
have been delivered to County, and no officer or employee of the County shall have the authority to waive this
requirement.
4.17.3 The County reserves the right to review the insurance requirements ofthis section during the effective penod of
the contract or any PO/Work Order and to adjust insurance coverage 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 wiil be paid by Contractor without cost to County.

. REQUESTFOR PROPOSAL #2014-008-6389 PAGES
4.17.4 REQUIRED MINIMUM COVERAGE:
IYJag
Workers Compensation and
Employer's Liability:
Commercial General (public) Liability to
Include coverage for the following:
Premises operations to include sidewalk
Independent Contractors
Products /completed operations
Personal injury
Contractual liability
Fire legal liability
Medical Payments
113
Amount
Texas Labor Code Statutory
amount = $500,000.00
Combined single limit for bodily
injury and property damage of
$5,000,000.00
4.17.5 Pollution: Contractor shall maintain Pollution Liability Insurance with a limit not less than Two Million and
001100 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 cost and expenses incurred in the investigation, defense, or settlement of claims. Such insurance
shall include automobile coverage forms. This Pollution Liability Insurance may be obtained by Contracior any
time so long as it is obtained; prior to the performance of or preparation of any work or services under this
Contract, and without interference or delay to the emergency response or services by Contractor.
Comprehensive Automobile Liability
Insurance to include coverage for:
-Owned 1 leased automobiles
-Non-owned automobiles
-hired automobiles
Combined single limit of bodily injUry
and property damage of $400,000.00
4.17,6 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 modificai/on 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 coverage, and shall pay the cost thereof.
4.1 B Warranties Covenants and Agreements
Contractor warrants, covenants and agrees to the following:
4.18.1 Disturbance or Waste. Contractor shall not comma, nor allow to be commltted any actofcivil 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, destroy any property or any part thereof; lise or permit to
be used any equipment, including, but not limited to Aircraft, or other thing which might calise 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.
REQUEST FOR PROPOSAL #2014-008-6389 PAGE 9
114
4.18.2 Controi. Contractor shall maintain sufficient discipline and control of its equipment, including, personnel and all
parties to prevent any injury (including death) to any person or damage to the real or personal property.
4.18.3 Hazardous Materials. Throughout the term of the contract, Contractor shall prevent the presence, use,
generation, release, discharge, storage, disposal, or transportation of any Hazardous Materials, other than in
strict compliance with all applicable federal, state, local laws, rules, regulations, and orders. For purposes of
this provision, the term "Hazardous Materials" shall mean and refer to any wastes, materials, or othe'r
substances which require special handling or treatment, under any applicable local, state, or federal law, rule,
regulation, or order.
4.18.4 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 periormance of this Contract.
4.18.5 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 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 writien notice to Contractor from County. Contractor agrees that
County sllall not be liable for, nOf be required to pay any damages, liquidated or unliquidated, caused by any
delay due to compliance with this provision.
4.18.6 Judicial Action. Contractor agrees that ii will furnish at the writien request of the 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 of this Contract without cost or expense to County. This section sllall survive the
termination, cancellation and completion if this Contract for a period of five (5) years or until ali changes,
demands, suits or other actions have released or have become unappealable.
4.18.7 Notice Required, Contractor shall give immediate oral notice to County, confirmed 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 the County of any accident, spill, damage or destruction of equipment or
materials, specifically including any chemicals, or any portion thereof, real or personal 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.
4.18.8 Emergency. In the event of any fire or Police emergency, Contractor shalilirst notify the appropriate
emergency response agency (911) and immediately thereafter orally notify the Director of DCHHS at (214)
819-2100 of such occurrence and immediately confirm such notice in writing.
4.18.9 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 thereof having
jurisdiction over and relating to compliance with or related to the terms of this contract, inclusive of fire,
emergency, environment, health, safety, and any construction and the ruies and regulations ofthe 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 contract, 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.
,
115
4,18,10 Professional Quality, Contractor warrants to County that all materials and services will be of professional quality
conforming to generally accepted practices, If there are no applicable or recognized professional standards in
the applicable area or areas of expertise required to pertorm such services, then Contractor will perform all
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.
4,18,11 Material Changes Affecting Qualifications, Contractor shall notify the County in writing immediately upon any
occurrence that could or may affect the qualifications of the Contractor, specifically inciuding, but not limited to
the filing of a petition in Bankruptcy, assignment for the benefit of creditors, merger or sale of the Contractor,
loss of computer hardware, software or firmware utilized, equipment, loss or restriction on any license,
certificate, or other approval needed including the spraying equipment, or supplies utilized, or loss of or material
change in personnel assigned or key personnel, detaiiing the occurrence, In the event that such occurrence
shall, in the sale determination of County, change or mOdify the qualifications of that Contractor, County may
terminate this Contract, including any PO/Work Order, or other agreement and remove the Contractor from the
list of qualified proposers,
4,19 Collusion
Offeror may be required to provide an affidavit that he has not conspired with other potential suppliers in any manner to
attempt to control comptitive pricing, This paragraph does not, however, preclude two or more supplier of certain parts
of the requirements from presenting a combined or joint proposal for the purpose of providing a complete proposal,
4.20 Compensation to Offeror
4.20,1 Offeror shall deliver a monthly invoice immediately following each month of service, The bill must be received by
the 10th working day of the month for processing,
4,20.2 The Dallas County, and other using agency/department reserves the right to withhold payment to Offeror or to
require Offeror to return payments received from Dallas County and other using agency/department In the event
Offeror's pertormance does not comply with the provisions of the subsequent Agreement or does not comply
with applicable Dallas County, State ofTexas and Dallas County Health and Human Services Department
standards, regulations or polioies, Offeror agrees to return any unearned amounts paid the County and other
using agency/department within thirty (30) days following the final date of the contact period or date of
notification delivery to Offeror of a notice to Offeror that amounts paid are to be returned,
4,21 Notice for
Dallas County shall furnish the awarded Contractor in writing any notice regarding the Contractor's failure to comply with
requirements ofthis agreement Contractor shall then remedy such non-compliance/performance within ten (10) working
days following receipt of Dallas County written notice and awarded Contractor shall provide both the Dallas County
Purchasing Department and agency/department with accompanying written documentation of actions taken to remedy
such non-compliance/performance, Continuous non-compiiance/performance of the contract terms conditions, and
specifications shall be a basis for termination of the contract by Dallas County and the using agency/department. The
County shall not pay for work, equipment, services or supplies that are unsatisfactory,

REQUEST fOR PROPOSAL #2014008389 PAGE 11

116
4.22 ilAonetary Restitution
In the event the contract is prematurely terminated due to non-performance and/or withdrawal by the contractor, Dallas
County reserves the nghtto seek monetary restitution (including but not limited to; withholding of monies owed) from the
contractor to cover costs for interim services and/or to cover the difference of a higher cost (difference between
termination vendor's rate and new company's rate) beginning the date of vendor's termination through the contract
expiration date. In the event civil suit is fiied to enforce this provision, Dallas County will seek its attorney's fees and cost
of suit from the Contractor.
4.23 Gratuities, Kickbacks or Confiict Interest
4,23.1 Gratuities: It shall be unethical for any person to offer, give, or agree to give any employee orformer employee,
or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a
gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation or any part of a program requirement or a purchase request, influencing the content of any
specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to any program requirement, or to any solicitation or proposal therefore.
4.23.2 Kickbacks: It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of
a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated
therewith, as an inducement for the award of a subcontract or order.
4.23.3 Conflict of Interest: No official or employee shall have any financial interest, direct or indirect, in any contract
with the County or be financially interested, directly or indirectly, in the sale to the County of any land, materials,
supplies or services, except on behalf of the County as an official or employee. Any violation of tllis section,
with knowledge, express or implied, of the person cr corporation contracting with the County shall render the
contract involved voidable by the Commissioners Court of Dallas County, It is the responsibility of the contractor
during all phases of the contract process to notify the County in writing of any potential conflict of interest
4.24 Access to Records and Informalion
Offeror agrees 10 furnish to Dallas County such information as may be requested which relales to the services Contractor
provides. Contractor shall permit Dallas County to auditiinspect records and reports, review services, andlor evaluate the
performance of these services at any time. Offeror shall provide reasonable access to all the records, books, reports, and
other necessary data and information needed to accompiish reviews of program activities, services, and expenditures.
4.25 Termination
The proposed agreement may be terminated wilhout cause by either party with thirty (30) days written notice to the other
party, Such notice of termination will be by registered or certified mail, return receipt requested, and will be deemed
given upon receipt of such notice by the other party.
4,26 Any Agreement Subject to Availability of Funds
Any proposed agreernent will be subject to the availability of County and State funds as appropriate by the Dalias County
Commissioners Court, State Legislature and as made available by the Dallas County. If such funds become reduced or
unavailable, this agreement shall be subject to immediate modification, reduction or termination.

REaU",T FOR PRoposAL #2014-008,6389 PAGE 12

117
4,27 Severability
If any provision is found to be invalid, the remaining provisions shall nevertheless remain in effect. Each paragraph and
provision of any Agreement between the Dallas County or using agency/department and Offeror shall be severable from
the entire Agreement.
4,28 Governing Law and Venue
Any proposed agreernent shall be governed by the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Dallas County, Texas. In any legal action arising from this Agreement, the laws ofTexas
shall apply and exclusive venue shall lie in Dallas County, Texas.
4.29 Assignment
Firms shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of the
Dallas County Commissioners Court. Should the County authorize the original awardee to subcontract (assign) any
portion of this contract, the original awardee will maintain the ultimate legal responsibility for all services according to
contract specifications. In the event of a subcontract, the original awardee must maintain a continuous effective business
relationship with the subcontractor{s) including, but not limited to, regular payments of all monies owed to any
subcontractor. Failure to comply with these requirements, in whole or part, wili result in termination ofthis contract andior
legal ramifications, due to nonperformance. Should the County authorize the original contractor to transfer this contract,
in whole or part, the secondary contractor will maintain all the legal responsibilities set forth in the context ofthis contract;
and the original contractor will continue to be responsible for the performance of the secondary contractor. However, in
the event of the assignment or sale of original awardee's assets, Dallas County, at its option, may terminate or
renegotiate the terms of this Contract.
4.30 Federal Debarred Vendors
No products and/or services utilizing Federal funds may be procured from vendors that are listed on the Federal Excluded
Parties Us!. Government requirements for non-procurement suspension and debarment are contained in the OBM
guidance 2CFR, part 180 that implements Executive Orders 12549 and 12689 Debarment and Suspension. Dallas
County reserves the right to reject from award consideration and/or terminate any contract with any vendor found to be
suspended, ineligible andlor debarred as outlined herein,
4.31 Twelve-Month Waiting Period for Employment of Certain Former County Employees
In accordance with the County's Transparency Policy, any firm awarded a contract for the Procurement of goods or
services shall be prohibited from hiring any individual who has previously worked for the County and in that capacity
either evaluated, recommended, approved, monitored, or managed a contract involving that firm no sooner than twelve
months after that individual has ceased to work for or be employed by the County, Failure to adhere to such a contractual
requtrement may result in the termination of the contract with the County.
4.32 Disclosure Form CIQ
Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person
considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person's
affiliation or business relationship that might cause a confiict of interest with a local government entity. By law, this
questionnaire must be flied with the records administrator of Dallas County no later than the 7th business day after the
date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under
this section is a Class C misdemeanor. The questionnaire is included in this solicitation. By submitting a respcnse to this
request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local
Government Code, Please send completed forms to the Dallas County Clerk at 509 Main Street, 2nd Floor, Da!las,
Texas 75202.

REQUEST FOR PROPOSAL #2014-008-6389 PAGE 13
118
4,33 Use of Contract by Other Political Jurisdictions
Proposers are advised that all resultant contracts may be extended, with the authorization of the proposer, to other
political jurisdictions to permit their ordering of services/supplies at the prices and terms olthe resulting contract. If any
other jurisdiction decides to use the final contract, the Contractor(s) must deai directly with that jurisdiction or political
subdivision concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing and
payment, Oallas County acts only as the "Contracting Agent" for these Jurisdictions and political subdivisions, Failure to
extend a contract to any jurisdiction will have no effect on consideration of your offer,
Each participating jurisdiction and political subdivision has the option of executing a separate contract with the awardee,
Contracts entered into with them may contain general terms and conditions unique to those jurisdictions and political
subdivisions covering minority participation, non-discrimination, etc, If, when preparing such a contract, the general
terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the
award to that jurisdiction,
Dafias County shall not be held liable for any costs or damages incurred by another jurisdiction as a result of any award
extended to that jurisd'iction or political subdivision by the awardee,
5,0 Proposal Format and Content
5,1 General Proposal Requirements
5,1,1 The County discourages lengthy and costly proposals, Proposals should be prepared simply and economically
and provide a straightforward, concise description of the Offeror's capabilities to satisfy the requirements of this
RFP, Emphasis should be on completeness and clarity of content
5,1.2 Offerors must follow ali formats and address all portions of the RFP set forth herein providing allrnformatioll
requested, Offerors may retype or duplicate any portion ofthis RFP for use in responding to the RFP, provided
that the proposal clearly addresses all the of Dallas County information requirements,
5,1,3 Proposals must not contain extraneous information, Ail information presented in a Proposal must be relevant in
response to a requirement of this RFP and must be clearly labeled, Any information not meeting these criteria
shall be deemed extraneous and shall in no way contribute to the evaluation process.
5,1.4 Proposals shall be prepared on standard 8-1/2" x 11" paper. Foldouts containing charts, spread sheets, and
oversize exhibits are pennissible, All proposal pages must be numbered,
5,1.5 Ollerors shall utilize d'ividers to separate each of the sections of this proposal.
5,1,6 Each proposal must respond to all portions of the RFP,
5,2 Proposal Format
Proposal shall be divided into the following
5,2,1 Transmittal Letter
5,2.2 A proposal transmittalletler shall be submitted with your proposal and contain the following information: All
proposals must be signed in ink by a person duly authorized to legally bind the business entity submitting the
proposal.

Name, title, and telephone number of Offeror's contact person for all inquiries .

REQUEST PAGE 14
119
The contact person responsible for fielding all inquiries from the County,
Business form of offeror (e,g, corporation, partnership, etc,), if applicable
If a corporation, include the date and state of incorporation
For profit or non-profit agency, provide Federal Tax identification number for the facility/organization,
Names and addresses of Offerors principal officers, directors, or partners,
5.2,3 Brief summaries (1 to 3 pages each) of the proposal relating to:
Offeror's statement of understanding olthe proposal, program objectives, Dallas County Health and
Human Services Department (DCHHS) objectives; and
Resources to be utilized to implement the proposal; and
Written response to the Section 7 Technical Requirements,
Detail cost breakdown of proposed services as stated in Section 8,
5.2,4 Other information to be provided by offeror with RFP response
A brief biography and complete resume of the person or persons who will operatefmanage the services
provided by Offerors,
Complete reference information for all public and private institutions or agencies to which the offeror
provides or has provided similar services over the past eighteen (18) months. Offeror must include a
minimum of three written reference letters.
Response to MlWBE Business Participation Forms
Accreditation and Licenses (pesticides, laboratory, facility, and aircraft)
6.0 Evaluation and Selection
The Evaluation Committee will consider many evaluaiion factors (of which cost is only one factor), and will receive proposals from
ail responsible applicants, The objective is to enter into a contract with the besi applicant at the best price. Each category shail be
weighted as follows, and one hundred (100) points are the maximum total number of points that can be awarded to a proposal,
6,1 Proposal Evaiuation Categories and Weights
Cost of SelVices 0-30 Points
Type and usage of equipment
Chemical solution and diiution levels,
Mid and Max label rate for adulticide,
Cost inclusive of all labar, materials, and supplies,
Utilization of on staff expert personnel by specialty,
REQUEST FOR PROPOSAL #20140086,89 PAGE 15
6.2
120
Program Design 015 Points
Vertical structure of all inclusive services performed in-house.
Tiered approach to service; surveillance. adultieide. larvicide testing and consulting.
o Equipment owned vs. leased.
Response Time 020 Points
Emergency service performed immediately upon request.
Response time to treatment request immediately.
Report and consult of surveillance area.
Experience 0-20 Points

Experience with other public entities

Offeror Qualifications (including staff)

Years of experience

Accreditation (laboratory and facility)

Vendor Performance History

Licenses

References
Minority/Nomen Business Participation 015 Points
Certified MIWBE Firm (6 Points)
Sub-contracting to a Celiified M.IWBE Finn (6 Points)
EE01 Compliance (3 Points)
TOTA1f'PINTS 100 Points
Proposal Evaluation Process
6.2.1 The evaluation process is designed to award the procurement to the highest rated fimn.
6.2.2 The RFP Coordinator shall manage the proposal evaluation process and maintain proposal evaluation records.
An Evaluation Committee will independently evaluate each prcposal and selection will be made according to the
highest score based on the criteria listed above.
6.2.3 All proposals shall be reviewed by the RFP Coordinator to determine compliance with basic proposal
requirements as specified in tllis RFP.
6.2.4 Dallas County reserves the right. at its sole discretion. to request clarifications or conduct discussions for the
purpose of clarification with any or ail Offerors. The purpose of any such discussions shall be to ensure full
understanding of the proposal. If clarifications are made as result of such discussion. the Offeror shall put such
clarifications in writing. All communication (written or oral) with the Evaluation Committee will be coordinated by
the RFP Coordinator. Offerors are prohibited from contacting the Evaluation Committee members directly.
6.3 Contract Award Process
6.3.1 The RFP Coordinator shall forward results from the proposal evaluation process and award recommendation to
the Dallas County Commissioners Court for their approval.
6.3.2 Dallas County reserves the right to make an award without further discussion of any proposal submitted. There
shall be no best and final offer procedure. Therefore, each proposal should be initially submitted on the most
favorable terms the vendor can offer.
REQUEST FOR PROPOSAL#2014.0(]86389 PAGE 16
121
6.3.3 The apparent best-evaluated offeror shall be prepared to enter into a contract with Dallas County and Dallas
County HHS (Heatth and Human Services).
6,3.4 Contract award shall be subject to the contract approval of all appropriate offiCials in accordance with applicable
State laws and regulations.
7,0 Technical Requirements (Scope of Work I Specifications)
Contractor will be given a PO/Work Order in the event that Dallas County, Texas, requires the control of mosquito
population by ground application of chemicals. Such PO/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. Contractorwi II fum ish ali
equipment, services and chemicals to be utilized in accordance with the terms and conditions of this Contract and POI
Work Order(s), Such chemicals will have a n approved labe! and registration number from the Federal Environmental
Protection Agency ("EPA") for the use of ground spraying in relation to mosquito control in an urban congested area
Contractor will be solely responsible for the detenmination of the operation and route of all trucks required for 100%
coverage of the treatment area. Contractor will be solely responsible for notification and co-ordination of all operation with
the Dallas County Health and Human Services Department, initially for approval and thereafter on
daily basis. At the tenmination of the spraying activity Contractor will certify to County, in writing, executed by a person
authorized to bind the Company, (1) 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 date and times that each application was
made.
7.2 Description:
A. in the event that Dallas County, Texas, requires assistance in the control of mosquitoes by ground ULV
application, the Contractor will be issued a Purchase Order ("PO"). The PO will detail.
B. The Contractor will furnish ali eqUipment, services, people and chemicals to be utilized in accordance with the
terms and conditions of the proposal and POts), Chemicals will have an approved label and registration number
from the Environmental Protection Agency (EPA) for mosquito control. The Contractorwill be solely responsible
for the determination of the operation and route of all trucks required for coverage of the treatment area. The
Contractor must fully comply with ali state and federal rules and regulations, At the termination of the spraying
activity, the Contractor will certify to Dallas County Health and Human Services (DCHHS), in writing, executed
by a person authorized to bind the company that:
(1) the chemical was applied to the deSignated area (per municipality) and no other;
(2) the amount of chemical dispersed and that the amount was in conformity with the amount authorized to
be utilized;
(3) the name, registration number and total amount of the chemicals used;
(4) the date and time that each application was made;
(5) provide a GPS map of the treated area (per municipality); and
(6) provide an automatic monitoring record of the spray amount during the application which includes
the total amount of insecticide applied and the ounces applied per acre, These tctals must agree with
the Global Positioning System (GPS) map of the treated area,

REQUEST FOR PROPOSAL #1014-008.6389 PAGE 17
,
122
C. If any olthe requirements listed above (Items 1-6) are not fulfilled as required, Dallas County reserves the right
to withhold payment for each non-compliant acre sprayed.
D. DCHHS will notify the Contractor when ultra-low volume (ULV) ground based larviciding/adulticiding is
necessary. Contractor will be responsible lor all aspects olthe insecticide application and reporting daily spray
activities.
E. ULV Spray Trucks. The Contractor will be responsible. under his contract, to maintain a iocally based fleet of
SIX or more trucks equipped for ULV dispersal of insecticides for the control of mosquitoes within the confines of
Dallas County contracting city boundaries. The truck(s) shall be equipped with GPS and automatic variable now
controls to assure accurate application of insecticide at specific dosage rates per acre. The Contractor's truck(s)
must also be operable and ready for immediate use upon notification by DCHHS. Equipment in the truck(s)
used to spray the insecticide shall be of the type and condition which will dispense the chemical in conformity
with chemical label requirements; and in strict conformity with ali requirements of the Federal Environmental
Protection Agency (EPA), the Texas Commission on Environmental Quaiity (TCEQ). Texas Department of
Agriculture (TDA). Dallas County and ali municipal requirements.
F. Operational Cost. The Contractor. at its sole cost and expense, sha!! provide employee(s). chemicals, gas. oil.
maintenance, spray machine certification and insurance as required tc insure the safe operations ofthe truck at
all times under all conditions.
G. Truck Operators. The Contractor should provide fully licensed and experienced operators for the operation of
the truck(s) used to dispense ULV pesticide. The truck operator(s) should be properly trained. licensed. and
certified. They should meet all requirements as specified by TDA requirements for the dispersal of insecticides
or other chemicals for control of mosquito populations, including, but not limited to. certification as a pesticide
applicator in the commercial category.
H. Chemicals:
(1) The Director of DCHHS will determine the product I insecticide that wili be used at the time that the
larviciding/adulticiding notification is initiated and shall be listed on the purchase order(s). All products
shall be handled and applied by the contractor in strict accordance with label instructions. and must
meet all local, State and Federal regulations. It is anticipated that one or more of the following
chemicals will be utilized for the ground spraying:
Larvicides
Surface Oil
Insect Growth Regulator
Biorationals (Bti & Bs)
Adulticldes
Permethrin
Malathion
Etofenprox
(2) EOUipment 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 onto
the truck. Storage, transportation. mixing and loading of the insecticide shall be in accordance with the
rules and regulations of the local. state and federal law. The Contractor shall be responsible for the
proper d'lsposal of all empty insecticide containers according to the label instructions and iocal, state.
and federal regulations.
(3) Insecticide Manaoement. Insecticides shall be handled in accordance with all appropriate local,
federal and state regulations. insecticides selected for use must be registered for the intended use by
the U.S. EPA and must be used in a manner consistent with label instructions and precautions.
Specifically. at a minimum. the following laws must be adhered to:
(a)
(b)
Public Law 95-29B. Federal Insecticide, Fungicide Rodenticide Act, as amended (92 Stat 819).
Public Law 91-596. Occupational Safety and Health Act of 1970. (84 Stat. 1609.29 USC 668)
29 December 2970.

REQUEST FOR PROPOSAL #2014-C08-6389 PAGE 18

123
(4) Insecticide Training. All personnel involved in these pesticide applicaTIons shall be properly trained in
the safe application of insecticides. The Contractor shall provide along with their proposal, evidence
that personnel uTIlized are properly certified by the Texas Department of Agriculture or properly trained
in the handling and commercial application of insecticides.
I. Spray Activities. Contractor agrees that the equipment in the truck(s) 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. In addition, Contractor agrees to abide by any law, regulation, rule, direction or
requirement of the state or federal government. This includes, but is not limited to, the EPA, the TDA and the
TCEQ. Contractor further agrees that it is solely responsible for the mixture, handling. determination and
actions necessary for the application olthe spray and the selection, regulation, maintenance and control olthe
equipment utilized.
J Area to be Sprayed. The area io be sprayed, estimated to be up to 381,780 (1 0,500 linear miles) acres, shall
be identified by DCHHS in the purchase order(s) furnished to the Contractor as hereinafter provided. The
Contractor shall be solely responsible for the determination of the route(s) of the truck(s), as required to provide
spray coverage within the boundary of the areals) identified.
K. Truck(s) will be equipped with a GPS monitoring system and automatic variable fiow controls. In orderto assure
quality control of larviciding J adulticiding activities, vehicles should be equipped with both real time and
recorded monitoring. Contractor shall supply written reports of pesticide application details for each night of
spray activities within twenty-four (24) hours of completion per city treated. Electronic or digital reporting for
each municipality treatment shall be delivered in a standard nonproprietary shape file format within twenty-four
(24) hours of completion. Reports shall include:
L.
(1) Date with spray start and spray end times.
(2) Driver and truck ID.
(3) Temperature / wind and speed / wind direction.
(4) Total thp miles.
(5) Total spray miles.
(6) Total acres sprayed.
(7) Average truck speed.
(8) Number of truck stops.
(9) Equipment will be able to record via GPS, speed of vehicle sensing the location of each vehicle, time,
blower spraying status, and chemical application rates.
(10) Electronic or digital spray report data, including GPS data, shall be provided via shape file format, with
the above variables included in the shape file or variables in a separate table, linkable back to the
shape fite. Information will be downloaded from an external computer and provided to DCHHS within
twenty-four (24) hours of completion.
(11) Contractor will provide with their proposal, a sample of the format for their report form and an
explanation of all of the information to be recorded on the form. Any form provided by the Contractor
will be reviewed and subject to approval by DCHHS.
(12) If applicable, copies of all the adverse ',nddent reports associated with the nights spay activities.
(13) A description of any corrective action!s), including spill responses, resulting from pesticide application
activities and the rationale for each action(s).
Spray Schedule. The Respondent shall notify DCHHS olthe scheduled treatment area(s) before work begins.
To maximize abatement, spraying shall be done at peak mosquito activity and when environmental conditions
exist that are in accordance to label instructions. The Respondent 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 maintain the spray within the boundary of the treatment area as shows in the purchase
order. Application times must be coordinated with and approved by DCHHS .

REQUEST FOR PROPOSAL #2014-0086389 PAGE 19
124
M. Response to Request for LarvicidinglAdulticidinq:
(1) Immediately upon notice from DCHHS, that ULV ground spraying is requested. in all or partofDalias
County, the Respondent will assure DCHHS that spray activities can be started immediately upon
request. The schedule can be modified by agreement between the Contractor and the Director of
DCHHS as necessary to refiect actual requirements at the lime the purchase order is issued. No
spraying shall be accomplished until notice to proceed has been given to the Contractor by the Director
of DCHHS cr the designated Field Operations Manager
(2) If the Contractor shall neglect / fail or refuse to provide services within the required time irames
speCified by DCHHS, the Contractor shall immediately notify the Director of DCHHS in writing of the
cause(s) of delay.
(3) If the Contractor shall be delayed in the completion of hiS work due to unforeseeabie cause which is
beyond his / her control and without fault or negligence, including, but not restricted to, acts of God, the
period herein above specified lor the completion of delivery shall be extended by such time as
approved by the Director of DCHHS.
(4) Dallas County reserves the right to sample for chemical assay any insecticide used in this contract
(5) Dallas County reserves the right to take a sample from the Contractors ULV equipment. Contractor
will direct their employees to release samples on request by any agent of DCHHS.
8.0 COMPENSATION FOR SERVICES (GROUND SPRAYING)
8.2.1 Through the utilization of ground spraying services, Dallas County's locus is to reduce the mosquito and other veclor
populations, promote awareness 01 vector's and vector-borne diseases, and decrease health risks to the residents.
8.2.2 Service phases inClude; mosquito surveillance I trapping, larviciding, ground adult mosquito control (ULV fogging and
Spraying), disease testing and consulting.
(a) Trap, identify and numerate adult mosquitoes for vector-borne diseases i.e. West NUe Virus. Provider wHi uftlize
CDC Gravid traps (John W. Hock type) and standardized hay infusion water. Testing of mosquitoes with peR
should be available; however, sampies will be delivered immediately to DCHHS Lab for testing unless otherwise
directed.
(b) Provider shall utilize truck-based ULV Spraying; trucks should be outfitted with variable flow control and GPS
mapping capabilities.
(e) Inspect standing water sources regularly for larval mosquitoes.
(d) Treat larvae and adult mosquitoes by applying chemical trealment; (larvicide and adulticide).
(e) Provider shall have the following on staff: Entomologist (PhD., MS), Manager for quality assurance. and
Technicians (registered and certified).
10 Mapping and reporting of treatment areas.
(g) Provide immediate response to requests from Dallas County for services and on-site inspections.
(h) Submit all required reports to Dallas Ccunty, regulatory and governmental agencies within a 48 hour period


125
82.3 Cost per active season (April through September). Notetimeframe maybe fluid based on reported mosquito incidence.
Service Descriptive
Total Cost Per Season
"
(April to September)

Mosquito Surveillance Adults: Trapping in defined mosquito I
,zones using gravid traps, ID/Count,!
i submit pools for PCR testing :
Larvae: Larval with di counts I
!-;-La-rv-a-;I-oC,.-o-ntC-ro"CI--------f--;P"'r'-'od"'u"-cOcts"'to=m';;iti"'ga'C
te
larJal development.
! Collect larvae, IDICount larval stage and
'--_______ ._._ ... _. __ results._ ...... ___ ... ____ 1 _ ........... __ _
Adult Mosquito Control 'I Ground spraying utilizing trucks with ULV
Disease Monitoring I Testing
spraying (variable flow control and GPS
. mapping).
I Independent testing facility to detect
mosquitoborne disease; i.e. West Nile
"-:c_-c:--________ L"'o"'u"'is,cE"'nc"'e"'p"'ha"'h""tis"' . .,,---_.......,-+ _________ . __ . ____ .
I Consulting Weekly reporting of findings with!
I commentary from Entomologist Ph.D. '
i IMS. '
I
Consulting regarding control measures, l
protocol, training conferences, Q & A and
'-___________ --'..lp:.::e,'Crm"'i"tticn,g"'.___ ........ _- -----------
8.2.4 Please provide a product specific chemical recommendation (listed in pounds a.i. per acre) which can be utilized in ground
based ULV applications. Dallas County may require more or less. In case of discrepancy between unit and extended priCing, unit
pricing governs. Price must be allinclusive. Dallas Count will not allow for any other rates or charges.
Material Rate
Larvicides
Insect Growth Regulators I
&_B_S)_. __ +--=--=--=--=--=--=-"'o __ u_n_ce __ i .. -.-----.... $per mile l Total .. -----..
Adulticides I i
Permethrin
Malathion
ounce per acre
mid rate I $ per mile i Total $---.----
_____ ,$ per mile I Total $
Etofenprox
____ ,max
rate
,
ounce per acre
__
Note: Pricing shall include all required staff; Entom%gist (PhDIMS), Manager, Technician (Certified I Registered),
laborers, mobilization costs, staffing chemical, equipment, fuel, and any services needed to deliver the properireatment
to the right areas. Additionally, provider must coordinate any NPDES permitting or regulatory processes that need to be
in place in order to service Dal/as County .

REQUEST FOR PROPOSAL #2014-0086389 PAGE 21
126
VOLUNTARY MORATORIUM ON CAMPAIGN CONTRIBUTIONS
In accordance with Dallas County's Transparency Policy, parties interested in responding to this
RFPIRFQ are encouraged to sign this statement indicating your willingness to temporarily refrain
from making any donation to any Dallas County elected official or candidate for office whose
office (or potential office) has any involvement in the selection process for the associated
contract during the pendency of the RFPJRFQ through thirty (30) days after the contract is
awarded.
We hereby agree as stated;
Firm Name: ______________________ .
Signature and Title of Individual Authorized to Bind Company:
Title: ________
Print Name: ______________________ _
Date: ________________________ _

REQUEST FOR PROPOSAL#2014-0086389
PAGE22
127
DALLAS COUNTY
M/wBE SPECIFICA TlONS
Matthew Parson, Minority Business Officer
Minority & Women Business Enterprises
REQUEST FOR PROPOSAL 20140086389 PAGE 23
128
MINORITYIWOMAN BUSINESS SPECIFICATIONS
For BidslRFPs
I. POLICY STATEMENT Dallas County is whoily committed to developing, establishing, maintaining, and enhancing minority involvement in Ihe lolal
procurement process. It is the policy of Dallas County to involve qualified minority/women-owned businesses to the greatest extent feasible in the County's
procurement of goods, equipment services, and construction projects, 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, col Of, religion, national origin, handicap, or sex in the
award andlor performance of contracts, However, competition and quality of work remains the ultimate "yardstlck
lf
in contractor, subcontractor, vendor,
service, professional service, and supplier utillzation. All vendors, suppllers, professionals, and contractors doing business or anticipating doing business
with Dallas County shall supporl, encourage, and implement affirmative steps toward our oommon goal of establishing equal opportunity for all citizens of
Dallas County.
II. REQUIREMENT OF ALL BIDDERS/PROPOSERS: Each firm responding to this solicitation shall be required to submit with Iheir bid/proposal
information regarding minority/women business particlpation in this project. This would include:
Check upon compietion (forms attached)

1. Compliance with Dallas County's Good Faith Effort Policy
2. MBE/WBE PartiCipation Report Form
3. A Letter of Assurance A or Letter of Assurance B
4. MBE/WBE Identincation
5. EEO-l Form (To be submitted by Ihe prime and any sub wilh 20% or mom of the contract).
6. Dailas County MIWBE Payment Reporl.
Note
In the event that the awarded vendor is aulholized to subcontract and commils effort to utilize minority andlor women-owned
businesses as subcontractors, the name, address and telephone number arthe actual subcontractor(s) with actual dollar awards to
these subcontractors must be submitted to the Purchasing Depaliment within frve (5) working days after bids are opened. Once
work commences, the awarded vendor (prime contractor) must submit an /iANifBE subcontractor status payment report (attached)
wifh each payment inVOice before payments will be authorized for release
REOVEsr FOR PROPOSAL 2014-0086389 PAGE 24

129
1. GOOD FAITH EFFORT
Prior to an award, all bidders/proposers will be required to document a "Good Faith Effort" to secure minority/women-owned businesses as
subcontractors/subconsultants, In the case of-some construction projects, this documt3ntation may be submitted after award of thE;! for those
subcontract areas occurring later 10 the constructiOn process, However, if the successful bidder/proposer does not document a "Good Faith Efforl" in
-securing minority/women;bwne'd businesses, a representative of the cOnlpany must appear before the Dallas County Commissioners Court and expiain
,the situation and answer any questions raised by the Court,
,
Fulfillment of Ihe "good faith effort' can be accomplished by:
1, Altendance of pre-bid/pre-propcsal conferenCe, as scheduled by the County,
2, Efforts to follow-up initial solicitation of interest by contacling minority/women-owne<J firms to detennine wilh certainly whether Ihese
firms are interested,
3, Efforts made to select portions of the work proposed to be performed by minority/women-owned firms in order to increase Ihe
likelihood 01 achieving partiCipation (including, where appropriate, breakdown of subcontracls into economically feasibie units to
facilitate participalion),
4. Documenttng each minority/woman-owned firm contacted the conclusion or decision regarding inclusion and reasons for the
conclusions.
5, Efforls to assist the minority/women-owned firms contacled that reeded assistance in oblaining bonding, lines of creditor insurance,
6, Efforts Ihat demonslrate that the contractor effectively used the cf available community organizations, contractor's groups,
local, state and federal agencies, smail businesses, minority/women business assistance offices and other organizations thai provide
assistance and placement of minority/woman-owned businesses,
8igned: __ _
Printed Name: ____________ _
Tille:
Dale:

REQUEST FOR PROPOSAL 2014008,6389 PAGE 25
2. MBE/VVBE PARTICIPATION REPORT
PROJECT NUMBER PROJECT TITLE
Total Amount of Your BidlProposai _________ ~ ... ___ ~
(The amount above should equal the total amount as shown on the bid sheet)
lisl each MBEMf8E business Ihal you plan to use on Ihis inihahve. Deletion of firms must be approved by Dallas County prior to finalization.
Name of MBEIWBE NGTRCA' Certification # Phone # SIM
ti
Description of Work Amount
"'North Central Texas Regional Certification Agency . **8:::: Sub (contractor/consultant) **M= Material Supplier
No MBElWBE's Added: Please Explain: ___ _
COMPLETE THIS PORTION OF THE FORM WITH DATA ON YOUR COMPANY.
NAME OF YOUR BUSINESS: ADDRESS: PHONE#
Prtnted Name Of Preparer Signature Title Dale

REQUEST FOR PROPOSAl201<f..008-6389 PAGE 26
~ -
~
eN
o
3. LETTERS OF A5?VRANCE
Letter Of Assurance "A"
undersigned bidder/proposer hereby assures that our firm wili meet or exceed submitied MIWBE goals and shall demonstrate and document a
Good Failh Effort to comply wilh the Dallas County's lvIinority and Woman-Owned Business Involvement Policy in subcontractlsubconsultant awards.
The undersigned further agrees that any deviation from the initial goals will be done so only with the concurrence of Dallas County.
Name of Company Signature Title (Officer of firm) Date
i(Complete this section only ifyou'r. planning to use the services of an NCTRCA certified vendor)
... h .. _ .................... " .................... ..
Letter Of Assurance "8"
The undersigned bidder/proposer hereby certifies that our firm will perlorm the contract:
with our own work forces, and submit information sufficient to demonstrate that it is your normal business practice to do so,
or
without the services of IvIIWBE subcontraotors/subconsultants The undersigned further submits GFE documented attemptls).
Name of Company Signature Title (Officer of firm) Date
l (Complete this section only if you're not planning to use the services of an NCTRCA certified vendor)
NOTE: Each bidder/proposer will be required to sign one of the above latters of assurance which should be returned with proposal
= = = = = = = = = = = = = = = = = = = = = = = = = = : = = = = = = = = = = ; ~ = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
. ----------------- ~ -PRIME c-oNTRAcfoff PiJ"s-E"IWSE -IDENTIFicATION ------------------
,
,Minority Business Enterprise (IvISE) - The bidder/proposer represents that it:
,
,
,
is, is not a minority-owned business, NCTRCA' # _________________ _
: Woman Business Entecorlse (WBE) - The bidder/proposer represents that it:
is, is not a woman-owned business, NCTRCA * # ________________ . __ _
,
:'NCTRCA = North Central Texas Regional Certification Agency
REQUESTFOR PROPOSALZ014008-S389 PAGe 27
5. EEO1 Form (To be submitted by the prime and any sub with 20% or more of the cont",ra",ccot)cc' __
NAME OF FIRM:
.. -..
Job Categories
. .... . .. 5. Sec.tion .. ___ ..............
Employrne'lt a1 this establishment- Report all permanent [1111 and PBrtAitne including apprefllices and on-the-job trainees \lnle.<;s specifically excluded as set forth in the instmctions, Enter the appropliale figures
1-----
__ all Blank __
of Employees __.
RacelEtnnidty
--===-1 ----
___ ______ _ _________ ___ _ .. __ ___ ._ ' ______ .
I Sf cl; NatNe I Black or H?Willian Dr I AmflPcan
I-_H<span",OClal"C[ I' M,le . I I -':-r;-N-.;r
I a or !-1aw3l1anm . Indian or Two or more I Ind,im Of tWO or
Male I Female I White 1 A/WAn 0111 '.. ....... ASian A' k .. White Afflcan I Other AJask races
er au!e las a races J A e can Pa..::mc a more
f ;j r- t CC" - i "';"1' -"iC. 1 "
12 - -... - -.- .. --- - ----. - ..
. ___ .... - ,--,-,--- - I [ ---i I I --__m._..-_-L __ -- ... "-1--'. .. -t-... - .
Techqi(:ians 3
. --. r .'. . ..
r,; ---- - .... _._ ... L........ I r--+
7 _____ . __ --f-------... -- ....-.- .. ..,... ---- ------+---.- --4 --- ---

- - --- - ----------- ---l-.---t--------+--------I------- ! --- - J j ----
. fi5TAl-= .. . .. i'-=r"-j'" I" ... -i .... ....... " .. -1 ... 4-::: =. m._
__ __ . ____ .--1_ L ___ . __ L. ___ I .. _____ ,L__ _ __ _. .. L ___ .__ _ ___ -.--1
I 1_ Date(sl of period used: __ ==========---------==------: _____ n_ _ __ on ____ , ____________. ______ -:--______ ,_ .._______ , ___________________________________ _
Section EESTABUSHMENT INFORMATION (Omit on the Consolidated Report). What is the major activity of this establishment? (Be specific, i.e., mSP\I!aciunng steel casings, groC8r. wholesale plumbing supp!les, lme insurance, etc IncluQ8 the
of or lype of service provided, as prin __ activity ) ___ __ _________ __ _
__ __ ... C_h_"'1.9.P.!'._i!1 .'.'rl.i"' ___ _ .. _,:... _____ .
Sedion G CERTIFICATION
Check One ----r' _ Ail reports are accurate Rm:! were prep<lred with {Check on __ only.}
I 2 t D This fep?_rt is accurate and was prepared In accordance the instruG!:?rlS _ .. ____._" ._ .. _ .._ .._. "'_ ....
. __0if>Cial __ . ___ .... ______ _ I (nlc ___ ...... Signature '.____ _..____ Ioa!e
Name of person to contact regarding this repnrt _______ .__ j Address (Number and Slr::el, _,,__,, _______
City and State ,. __ ___ No, {indudir1g ilrf'..3 code and extension) ________ __ n ___ ... ___ J .. __ __.. _, _____,,.__. ____ 'I'
All reports tl'10 infon:tl0n individuill kept as of Title VlI __ THiS __ CODE, __ SECTION ______________
Description of Race ,lila EHlnic Identification and Joh Categories am found@ 3:,:!.2'(,'Iw.f.>Coc. (+-r: I Appendix 4_ Race and Ethnic Identiflcatlon l "nd .Il.ppend(x 5.DcsCfipiiono[ Job Galegolies
REQUEST fOR PROPOSAl2014-00S-6389 PAGE 28
6. DALLAS COUNTY MBEIWBE PAYMENT REPORT
Proiecl Number Project Title Invoice # Work Order Date
Prime/General
List each MBEIWBE business that you plan to use on this initiative. Deletion of firms must be approved by Dallas County prior to finalization.
Name of MBEIWBE Planned Amount Planned % Amount of invoice Am! Paid to Date
Note:
This form must be completed and submitted with each payment request.
Any (Significant) deviation from planned should include attached explanation
Job #
% to Date-

w
w

The information listed above is ceriffied to be correct: Reviewed by:
Printed Name of OfficerlDirector Signature of OfficerJDirector Date Dallas County Project Manager Date
REQUEST FOR PROPOSAl2014{J086389 PAGE 29
134
DALLAS COUNTY
October 1, 2013
TO: Commissioners Court f J ~
(tfr
O
THROUGH: Shannon S. Brown, Purchasing Agent (') j
FROM: Charles Price, Senior Buyer
SUBJECT: Discretionary Exemption for the Purchase of Robotic Liquid
Handling Workstations for DNA Sample Processing
Background
Dallas County Southwest Institute of Forensic Sciences (SWIFS) purchased two
(2) robotic liquid handling systems from Perkin Elmer LAS, Inc. through Bid No.
2010-077-5182 in October 2011. Each system includes a robotic workstation for
DNA sample processing. These workstations are used to perform various
routine processing tasks that involve repetitive measuring and dispensing of
small volumes of liquid. In the processing of DNA samples, tasks that may be
performed using robotic liquid handling workstations include sample extraction
and cleanup, sample quantitation, and sample amplification.
The purpose of this briefing is to recommend a procurement process for the
purchase of additional robotic liquid handling workstations and supplies for DNA
sample processing.
Operational Impact
Each workstation consists of the following proprietary components: instrument
hardware for liquid measurement and handling; computer hardware for
instrument control; proprietary computer software for instrument programing and
control; consumable supplies used in the measurement and handling of liquids
by the instrument.
Subsequent to purchasing these workstations, the DNA laboratory has devoted
many months of staff time and effort to testing and validation studies in order to
establish the reproducibility and reliability of the workstations. As a result of
these studies, the operational characteristics of the instruments are well known,
and the reliability of the instruments is well established. Technical standard
operating procedures have been validated for the processing of casework
samples using the workstations.
509 Main Street, Suite 623, Dallas Texas 752023340
(214) 6536223. Fax (214) 6537449. charles.price@dallascQunt.".org
135
Page 2
Because of the proprietary nature of the equipment hardware and software
control systems, the validation work that has been performed by the laboratory,
and the standard operating procedures that have been developed based upon
those validation studies, are specific to the Perkin Elmer Janus-model
workstation, and would not be applicable to a different model instrument from a
different manufacturer. Workstations from any other manufacturer would require
testing and validation equivalent to work that has already been done for the
Perkin Elmer workstations, which would require many months of staff effort.
In contrast, the testing and validation studies that have been performed for the
Perkin Elmer Janus-model workstations would be directly applicable to any new
Janus-model workstations purchased from Perkin Elmer. New Janus-model
Perkin Elmer instruments would require only minimal performance verification
prior to being certified for casework use.
Perkin Elmer, Inc. is the manufacturer and sole distributor of the Janus-model
robotic liquid handling workstation. Furthermore, Perkin Elmer, Inc, is also the
sole provider of maintenanceirepair services for the Janus-model workstation.
It is therefore recommended that Perkin Elmer, Inc. be designated as a sole
source vendor for robotic liquid handling workstations for DNA analysis, supplies
and related products for maintenance/repair of such workstations.
Financial Impact
Funding for the purchase of the robotic liquid handling workstations, supplies and
maintenance are included in the department's grant budget for future years. It is
antiCipated that the annual expenses for these items will be between $5,000-
$15,000.
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 due to patents/monopolies.
Strategic Plan Compliance
This exemption supports Vision 1, Strategy 1.3 of the Dallas County Strategic
Plan by providing a sound, fll1anc'tal, responsible and accountable governance.
Recommendation
The Purchasing Department recommends the Court approve a discretionary
exemption to the competitive procurement process to allow the Institute of
Forensic Sciences to purchase the all necessary products for (equipment,
reagents, consumables, training and maintenance) from Perkin Elmer, Inc.
, ~
PerkinElmer'
Pa, fI"Rclter
January 04, 20]3
Timothy]. Sliter, Ph.D.
Chief of Physical Evidence
Southwestern Institute of Forensic Sciences
2355 N. Stemmons Fwy.
Dallas, TX
Re: PerkinElmer JANeS Liquid Handling Systems
Dear Dr. Sliter,
136
~ PerkinElme-r Lile and Analyflcaf Sciences
710 BnageportAve
SI1lioll, CT 01)484 USft
wNW.;lrkinelmer.com
PerkinElmer is the sole manufactUJ'er and provider of the JANUS Liquid Handling Systems. As the lone
manufactorer of this product, Perkin Elmer is able to provide the best installation, training, service, and support
for the JANUS system and any relevant accessories.
Should you have any questions or need any further information, please let me know.
Sincerely,
CBrian :Jv{ercer
Brian Mercer
PerkinElmer
972-207-0065
brian.mercer@perkineitner.com
October 1, 2013
DALLAS COUNTY
PUBLIC WORKS
MEMORANDUM
FROM: Alberta L. Blair, P.E.
Director of Public Works
137
~ ,
; ,.j , , _ ~ " i
lJil r y
COURT
13 SEP 25 P I ~ I: 41i
SUBJECT: COOPERATIVE DATA PROGRAM PARTICIPATION AGREEMENT
BETWEEN DALLAS COUNTY PUBLIC WORKS AND NORTH CENTRAL
TEXAS COUNCIL OF GOVERNMENTS
BACKGROUND
The North Central Texas Council of Governments (NCTCOG) is a vital partner with Dallas County
Public Works (County), providing critical resources that County uses to exercise recognized leadership
in regional transportation planning and coordination and effective delivery of value-added regional
transportation projects.
Among other things, the NCTCOG has provided critical data services used to support planning, project
delivery and a broad range of essential GIS (geographic information systems) mapping and information
analysis. NCTCOG aggregates, integrates, processes, maintains, cleans and performs quality control and
assurance on data from multiple agencies and disparate other sources, especially within the 16-county
NCTCOG region. In addition, NCTCOG develops its own data to support the region and provides
valuable analysis of the data it collects and develops.
In the past, NCTCOG had made the bulk of this information available at no charge. However, last year,
NCTCOG made County aware of funding shortages affecting Research and Information Services (RlS)
data collection and dissemination programs, including a continuing decrease in state and federal funds
and other budget challenges which could have jeopardized the continuation of this service. As a means
of replacing the lost funding, NCTCOG established the Cooperative Data Program (CDP), a voluntary
regional cooperative effort to continue these programs.
Thanks to the support of Dallas County, other local governments, and private sector entities, the CDP
was successful in FY2012-13 in replacing some of the lost funding. With the beginning of the new fiscal
year, County is being asked to sign a Cooperative Data Program Participation Agreement (Agreement)
with NCTCOG to commit to continued participation in the CDP. The attached Agreement was
developed to better communicate the functions of the program and formalize the terms of service.
Commissioners Court
October 1,2013
Page 2
138
In order to maintain uninterrupted access, NCTCOG is asking that County sign and retnm the
Agreement before October I, 2013.
FINANCIAL IMPACT
The annual cost for Dallas County to participate in this program is $5,000.00. Cost for this program was
included in the FY 2013 budget. Among the products and services to be provided are GIS data, land use
and census data, development monitoring, population estimates, small-area estimates, technical
assistance and continuous data access.
TERM
The term of the Agreement shall be from October I, 2013, to September 30, 2014, unless terminated as
provided in the Agreement.
Dallas County partners with NCTCOG and other entities to implement transportation projects, which is
consistent with Vision 1: Dallas Connty is a model interagency partner.
RECOMMENDATION
It is recommended that the County Judge be authorized to execute the Cooperative Data Program
Participation Agreement between Dallas County and North Central Texas Council of Govemments in
order to continue participation in the Cooperative Data Program. If the Commissioners Court is in
agreement, a court order will be placed on the next formal agenda authorizing the execution of this
agreement.
Approved by:
Alberta 1. Blair, P .E.
Director of Public Works
Attachments (Cooperative Data Program Participation A&>reement Between Dallas County and North
Central Texas Council of Governments)
139
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
COOPERATIVE DATA PROGRAM PUBLIC ENTITY PARTICIPATION AGREEMENT
This Agreement ("Agreement") is made and entered into on the __ day of , 2013,
between the North Central Texas Council of Governments ("NCTCOG"), and Dallas County, Texas,
("Participant"). The purpose of this Agreement is to outline the terms and conditions of Participant's
access to and participation in NCTCOG's Cooperative Data Program (COP).
Whereas, NCTCOG collects, stores, maintains, updates, enhances, and conducts quality
control activities on data used individually by member governments and other entities across the
region for local and regional projects;
Whereas, NCTCOG's data collection, enhancement and dissemination efforts provides added
value to its member governments and the NCTCOG region in support of local and regional projects by
making available high quality, enhanced data through integrated tools;
Whereas, in the past, these data collection, enhancement, and dissemination efforts were
supported through a variety of state and federal grants; however, the funding from those sources has
either diminished or been eliminated;
Whereas, in order for NCTCOG to continue to provide the data collection, enhancement, and
dissemination available to member governments, additional funding sources are necessary;
Whereas, the Cooperative Data Program was developed as a mechanism to provide sufficient
funds for NCTCOG to continue to provide data collection, enhancement and dissemination to member
governments and other entities in support of local and regional projects;
Whereas, without funding through the Cooperative Data Program, NCTCOG's historical data
collection, enhancement, and dissemination efforts that the member governments and other enmies
have come to rely on would cease to exist in its present form;
Whereas, Participant is desirous of participating in NCTCOG's Cooperative Data Program in
order to ensure NCTCOG has sufficient funding to continue to provide these value-added services to
the region and obtain access as a participant to high-quality, enhanced data through integrated tools
developed by NCTCOG.
Whereas, NCTCOG and Participant are local governmental entities pursuant to the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code, and as such may contract with one
another for the provision of governmental functions and services of mutual interest.
Now, therefore, NCTCOG and Participant agree as follows:
Article I.
Definitions
1. "Cooperative Data Program" or "COP" means a user-supported system developed by
NCTCOG to facilitate efficient data collection, enhancement, and dissemination.
2. "NCTCOG Content" means data, GIS layers, reports, maps, and other informational items
developed or enhanced by NCTCOG.
3. "NCTCOG Software" means computer applications, interactive websites, online tools, and any
other electronic mechanism developed by NCTCOG to facilitate access to data.
North Central Texas Council of Governments
Cooperative Data Program PartiCipation Agreement
Page 1
140
4. "Participant" means an organization that voluntarily joins the Cooperative Data Program.
5. "Participant's Authorized User" or "User" means an employee of or student at a participant
organization.
6. "Third-Party Content" means data, GIS layers, reports, maps, and other informational items
developed by an organization other than NCTCOG.
Article II.
Term
1. The term of this Agreement is from October 1, 2013 to September 30, 2014, unless terminated
as provided herein.
2. The term of this Agreement shall be automatically renewed for as many successive one year
periods upon payment of the applicable Participant Fee by Participant prior to the expiration of
the term of this Agreement, unless otherwise terminated under the provisions herein.
Article III.
Participant Fee
1. NCTCOG shall periodically publish a Schedule of Fees in advance of the upcoming Fiscal
Year for the CDP. The applicable Schedule of Fees is included as Attachment 1, which is
incorporated herein by reference.
2. The Schedule of Fees may be updated from time to time at NCTCOG's discretion. Any
increase or decrease in the applicable Participant Fee shall not become effective until the next
renewal period.
3. Participant is a County with 2,398,920 population and agrees to pay a Participant Fee of
$5,000.00 to NCTCOG for participation in the CDP Program.
Population is determined by NCTCOG through NCTCOG's Annual Population Estimates
Program.
4. Any fees paid hereunder are non-refundable.
5. The performance of governmental functions or services under this Agreement are being paid
with current revenues available to the paying party.
Article IV.
Cooperative Data Program Elements
1. Upon payment of the applicable Participant Fee, Participant shall be granted access to CDP
Content and services as described herein through a web-based interface allowing Participant
and its Users to access the content remotely, including but not limited to the following data
elements:
Cooperative Data Program Participation Agreement
Page 2
141
a. GIS Data Clearinghouse - website providing download of GIS files including census
geographies, city boundaries, major developments and features, ISD boundaries, and
land use.
b. Land Use - inventory of land based on use such as residential, commercial and
industrial.
c. Census Data - processed decennial census and American Community Survey data
including characteristics .such as race, age, income, household type, and educational
attainment.
d. Development Monitoring - identification and tracking of developments with at least
80,000 square feet.
e. Population Estimates - annual, current-year population estimates for cities and
counties.
f. Housing Estimates - annual, current-year estimates by unit type (single family, multi-
family, other) for cities.
g. Small-area Estimates - estimates of population and employment by industry sector
(goods producing, services providing, and retail) for census tracts, cities and counties.
h. Davtime Population - estimated number of people in a city during normal business
hours.
i. Technical Assistance - staff shall provide responses to inquiries related to NCTCOG
data by phone and email, subject to staffing and resource availability during regular
business hours.
2. NCTCOG shall periodically publish the Content, Services and Data available through the CDP,
which is subject to change at NCTCOG's discretion. Web-based access to the CDP is
subject to and may be limited or not available during periods of routine network maintenance
or I nternet service disruptions not under the control of NCTCOG.
Article V.
Use of Data/Restricted Uses
1. Participant shall be granted a non-exclusive, non-transferable right to use the NCTCOG
Content and Software, and any Third-Party Content made available to NCTCOG for inclusion
in the CDP, for its own internal business purposes. PartiCipant shall only use the NCTCOG
Software, NCTCOG Content, and Third-Party Content as incorporated into the CDP and may
not implement or use any NCTCOG Software, NCTCOG Content, or Third-Party Content after
expiration or termination of this Agreement. Participant agrees it shall not reproduce any
element of NCTCOG Software, Content or Third-Party Content except as may be expressly
provided in this Agreement.
2. Access to NCTCOG Software and Content is subject to the terms of this Agreement. Access
to Third-Party Content is subject to the terms and conditions of Third-Party providers, if
applicable.
3. Participant agrees to use Content, Services, and Data from the CDP only as authorized in this
Agreement, unless otherwise consented to in writing by NCTCOG or required by law.
4. Participant agrees that the following are unauthorized uses of the CDP and if used in such
manner shall constitute of breach of this Agreement:
a. Providing access to the CDP, directly or indirectly, to third parties in any manner
including but not limited to sublicensing, timesharing, and rental;
Page 3
142
b. Downloading CDP Content, Services and Data and distributing to third parties not
under contract with Participant;
c. Providing CDP Content, Services, and Data to consultants and/or contractors of
Participant without limiting such consultant and/or contractor's use of the CDP Content,
Services and Data solely for Participant's business purposes and return or destruction
of such Content, Services, and Data to Participant upon completion of such purposes
as stated in the Data Sharing Agreement provided in Attachment 2 and providing such
executed Agreement to NCTCOG;
d. Using the CDP in connection with any redistribution of the Content, Services, Data
and/or Software;
e. Downloading CDP Content, Services, and Data for distribution to non-CDP participants
through Participant's own website;
f. Enabling access to unauthorized users, including sharing of CDP login and password
information.
5. Participant shall include a credit reference to NCTCOG in any publications that make use of
the Content, Data and Services of the CDP in SUbstantial conformity with the following:
"Content, Services, and Data from the North Central Texas Council of Governments'
Cooperative Data Program were used in the preparation of these materials."
6. Upon payment of the Participant Fee, Participant shall be granted web-based access to the
Content, Services, and Data of the CDP. Such access shall be protected through a
username/password, with User bearing responsibility of protecting access to the CDP through
selection of a complex password and safeguarding of the password.
7. Authorized Users of Participant (e.g., employees, students) shall be provided access upon
request to NCTCOG. User name authentication is at the Participant level, thus User must use
an email address assigned by Participant and not a personal email address, unless agreed to
otherwise by NCTCOG. NCTCOG shall not unreasonably withhold its approval of requests to
permit User access. NCTCOG shall require Participant's Users to acknowledge the limitations
of the CDP through the login process for web-based access.
Article VI.
Termination
1. NCTCOG reserves the right to terminate this Agreement and Participant's access to the CDP
only upon 30 days written notice of Participant's failure to comply with the terms herein.
Participant shall have the opportunity to cure such failure to comply as specified in NCTCOG's
written notice. Termination will be effective only in the event Participant fails to cure such
failure to comply. In the event of termination, Participant shall not be entitled to a refund of
Participant Fees unless agreed otherwise in writing by NCTCOG.
2. NCTCOG reserves the right to immediately suspend access to the COP of any of Participant's
Authorized Users, if NCTCOG reasonably believes that the Authorized User is violating the
terms of this Agreement or the Limitations of User outlined herein. NCTCOG shall provide
written notice to Participant of such suspension. Such User's access may be restored upon
mutual agreement between NCTCOG and Participant.
3. NCTCOG reserves the right to terminate this Agreement with no further obligation to
Participant in the event the COP program is discontinued.
Page 4
143
Article VII.
Warranties and Representations
1. The Content, Services, and Data provided through the COP are derived from a variety of
public and private sector sources considered dependable, but the accuracy, completeness,
and currency thereof are not guaranteed. NCTCOG provides COP Content, Services, and
Data "AS IS" without warranty of any kind, whether express or implied, including but not limited
to warranties of merchantability, non-infringement, and/or fitness for a particular purpose.
NCTCOG makes no warranty as to the accuracy, completeness, currency, reliability, or
suitability for any particular purpose of information or data contained in the NCTCOG
Software, Content, Services or Data.
2. NCTCOG, nor its officers, directors, employees, and/or agents, shall not assume any liability
associated with the use of the Content, Services or Data of the COP by Participant, and
assume no responsibility to maintain such Content, Services or Data of the COP in any
manner or form. Participant shall assume any and all liability associated with use of the
Content, Services or Data in the COP.
3. Participant, by accessing the COP, agrees to release NCTCOG, its officer, directors,
employees, and/or agents for any and all liability related to Participant's use of the COP
Content, Services, and Data. In no event, shall NCTOCG, its officers, directors, employees
and/or agents be liable for any damages related to Participant's use of the COP.
4. The COP contains links to other websites. NCTCOG does not generate or check information,
data, or program material accessed through links in the COP.
Article VII.
Miscellaneous
1. This Agreement shall be governed by and construed in accordance with the laws of the state
of Texas. The Parties agree that exclusive venue shall lie in Tarrant County, Texas.
2. Participant shall not assign any rights under this Agreement.
3. In the event that any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions of this Agreement will remain in full force and effect.
4. Each party acknowledges that it has read and understands this Agreement, and agrees to be
bound by its terms. This Agreement constitutes the complete agreement between the parties
and supersedes all previous agreements or representations, written or oral, with respect to
the COP specified herein. This Agreement may not be modified or amended except in writing
signed by a duly-authorized representative of each party.
5. In the Elvent either party is delayed or hindered in or prevented from the performance of any
act required hereunder by reason of a Force Majeure event, then performance of such act will
be excused for the period of such delay, provided however, that such party shall exert its
North Central Texas Council of Govemments
Page 5
144
reasonable efforts to overcome such Force Majeure Event and to resume performance of its
obligations in a timely manner
6. Participant agrees and hereby authorizes NCTCOG reasonable access to records used to
validate usage of the software used in conjunction with this Agreement for purposes of
verifying Participant's compliance with this Agreement during the Term.
The Parties have executed this Agreement on the _____ day of ______ 2013.
NORTH CENTRAL TEXAS COUNCIL
OF GOVERNMENTS
Mike Eastland
Executive Director
PARTICIPANT
Page 6
DALLAS COUNTY
PUBLIC WORKS
September 24, 2013
MEMORANDUM
145
THROUGH: John Wiley Price, Commissioner, D strict 3
FROM: Selas Camarillo, Assistant Director - P _,,=......-
SUBJECT: Resale of Tax Foreclosed Property at 319 Woodhaven Blvd., Duncanville, TX Via Private Sale
BACKGROUND
Subsequent to the judgment for the non-payment of delinquent property taxes, dated March 14, 2011, the 0.9183 acre
unimproved property at 319 Woodhaven Blvd., Duncanville, Texas ("Property") was offered for sale by the Sheriff of
Dallas County at public auction on July 5, 2011. On that date, the Property was struck off to the City of Duncanville,
as Trustee, and became tax exempt. The Sheriffs Deed to the Property is recorded in Instrument No. 201100199498,
Real Property Records, Dallas County, Texas. Delinquent taxes on this property date back to 1992.
Duncanville City Council on June 18,2013 passed Resolution No. 2013-061807, permitting Dallas County to assume
its trustee role in the resale of the property. Commissioners Court Order No. 2013-1199 dated July 9, 2013 authorized
acceptance of the Property. On August 28, 2013 the Public Works Department received an offer from David G.
Cardoza of $7,500 to purchase the Property. Acceptance of the offer will discharge and extinguish only the ad valorem
property tax liens for the tax years 1992-2006 included in the tax judgment. The purchaser will be responsible and
liable for the payment of post judgment tax liens for the years 2007-2011, totaling approximately $7,087.
Sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses)
of the County's Strategic Plan in selling tax foreclosure properties to interested purchasers for future development and
the betterment of the whole neighborhood and in returning the Property to the tax roll increasing tax revenue for the
Taxing Authorities.
LEGAL INFORMATION
Acceptance of the offer would be in compliance with the Tax Code and the Dallas County Tax Foreclosure Resale
Policy. Pursuant to Section 34.05(i) of the Tax Code, the City of Duncanville and the Duncanville Independent School
District have adopted resolutions consenting to the sale of the Property.
Dallas County will execute a Quitclaim Deed that will contain acknowledgments that the Property is being sold subject
to the prior owners' remaining right of redemption, if any, post judgment taxes, the pro rata property taxes for the
remaining part of the current calendar year, and is being purchased "AS IS, WITH ALL FAULTS", and with no
express or implied warranties of any kind whatsoever.
IMPACT ON OPERATIONS
Acceptance of this offer will eliminate future maintenance and management costs incurred by both City and County.
FINANCIAL IMPACT
The proceeds from the resale will be distributed by Dallas County Tax Office in accordance with the Property Tax
Code, 34.06, Distribution of Proceeds of Resale. The County tax collection law firm will review and confirm the
distribution amounts. The table below details the expected financial impact of the offer including eligible costs
recoverable under 34.06.
411 Elm Street, 4th Floor
Dallas, Texas 75202
(214) 653-7151
Commissioners Court
September 24, 2013
Page 2
146
The proceeds from the resale will be distributed by Dallas County Tax Office in accordance with the Property Tax
Cause No. TX-06-30813, styled Dallas Caunty, et al vs. Juan Antonio Bermea, et al DCAD Value $30,000
Less Eligible
Taxing Entities Pro rata Expenses Balance to be
(Tax Years Included Taxes Due in % of Purchase Recoverable Applied to
In Judgment) Judgment Judgment Amount
34.06 Tax Code Taxes
Dallas County (1992-2006) $ 5,536.35 16.74%
City of Duncanville (1992-2006) $ 8,240.42 24.91% $7,500 ($5,913.07) $1,586.93
Duncanville ISD (1992-2006) $19,297.62 58.35%
$33,074.39 100.00%
(*) Dallas County Administrative Cost of$I,500 (Deposit: 00120.44557, Sale of Real Estate), Court Costs of$4,161.07,
City Post Sheriff's Sale Maintenance Costs of$252.
In recommending acceptance of the purchase amount of $7,500, we have considered the amount of post judgment tax
liens of approximately $7,087 (2006-2011) that will not be discharged or extinguished by this sale. Taking into
account the additional post judgment tax liens the purchaser will be paying approximately $15,000 for the property, or
50% of DC AD Value of$30,000.
PERFORMANCE MEASURES IMPACT
Sale of the Property will assist the Property Division in meeting its perfonnance measures for FY 2014.
PRO,TECT SCHEDULE
Court Order to A ward Property
Balance Purchase Price Due & Close Sale
RECOMMENDATION
October 8,2013
November 7, 2013
The Department of Public Works has reviewed the offer and recommends the Commissioners Court: (1) accept the
Offer and Purchase Agreement from David G. Cardoza for $7,500 to purchase the tax foreclosure property at 319
Woodhaven Blvd., Duncanville, Texas, DCAD Account No. 60257500030220000, (2) upon receipt of the balance of
the purchase price, authorize the sale of Property by quitclaim deed, subject to the previous owners' remaining right of
redemption, if anY, to the purchaser's obligation to pay post judgment taxes and the pro rata property taxes for the
remaining part oflhe current year, and (3) authorizes the Tax Assessor Collector to receive and disburse the proceeds in
accordance with 34.06 of the Property Tax Code.
If the Commissioners Court is in agreement, a court order authorizing the matters above will be placed on the next
regular agenda.
APPROVED BY:
~
Alberta L. Blair, P.E., Director of Public Works
Attachment: Location Map
cc: Paul Hamilton, Assistant District Attorney, Civil Division
& PAElctblSC
\:$. KJPropertylDtaxiOuncanvilie/BrfDfferl Woodhaven319
147
TAX FORECLOSURE RESALE - DISTRICT 1
Copyright and (P) 1S88-2012 Microsoft Corporation and/or its suppliers. All rights reserved, http://W\.>W.mlcrosoft.com/streets/
Certain mapping and dlfectlon data 2012 NAVTEQ. Ail rights reserved. Ths Data for areas of Canada Includes Information taken wl\.h perm'lssion from Ca'nadian authorities, including:
Her Majesty the Queefl in Right of Canada, Queen's Printer for Ontario. NAVTEQ and NAVTEQ ON BOARD ara trademarks of NAVTEQ. 2012 Tele Atlas North America, inc. All rights
reserved, Tels Atlas 81"1d Tele Atlas North America are trademarks of Tele Atlas, Inc. 2012 by Applied Geographic Solutions. All rights reserved. Portions Copyright 2012 by Woodaii
publications Corp. All rights reserved.
DALLAS COUNTY
PUBLIC WORKS
September 24, 2013
MEMORANDUM
THROUGH: John Wiley Price, Commissioner Dis
FROM:
148
C:OUIITY
COURT
13SEP25 PM 1:49
SUBJECT: Resale of Tax Foreclosed Property at 940 Pine Tree Lane, DeSoto, Texas
Via Private Sale
BACKGROUND
Subsequent to the judgment for the nonpayment of delinquent property taxes, dated July 26, 2010, 940 Pine Tree
Lane, DeSoto, Texas ("Property") was offered for sale by the Sheriff of Dallas County at public auction on March I,
20 II. Since no bids were received, the Property was s(Tuck off to City of DeSoto, as Trustee, and became tax
exempt. The Sheriffs Deed to the Property is recorded in Instrument No. 201100213173, Real Property Records,
Dallas County, Texas. On May 7, 2013 the City passed Resolution No. 13-06, officially permitting Dallas County to
assume its (Tustee role in the Property. Pursuant to Court Order No. 2013-0946, the Commissioners Court agreed to
assume the City's trustee role in the resale of the Property. Delinquent taxes on this property date back to 1987,
The Property is improved with a single family residence that has much deferred maintenance including an obviously
sloping slab foundation, missing bathroom fixtures, deteriorated flooring and damaged composition shingle roofing.
The Property has been posted for sale on the website for approximately 3 months, On September 20, 2013, the
Public Works Department received an offer to purchase the Property from Taxactional Funding, LLC of $50,000.
Acceptance ofthe offer will discharge and extinguish the ad valorem property tax liens for the tax years 1987 -
2009 included in the tax judgment. The purchaser will be responsible and liable for the payment of post judgment
tax liens for the years 20 I 0 - 20 I L
Sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and
businesses) of the County's Strategic Plan in selling tax foreclosure properties to interested purchasers for future
development and the betterment of the whole neighborhood and in returning the Property to the tax roll increasing
tax revenue for the Taxing Authorities.
LEGAL INFORMATION
Acceptance of the offer would be in compliance with the Tax Code and the Dallas County Tax Foreelosure Resale
Policy. Pursuant to Section 34.05(i) of the Tax Code, the City of DeSoto and the DeSoto Independent School have
adopted resolutions consenting to the sale of the Property.
Dallas County will execute a Quitclaim Deed that will contain acknowledgments that the Property is being sold with
the following limitations: a) subject to the prior owner's remaining right of redemption, if any, b) post judgment
taxes, c) the pro rata property taxes, for the remaining pmt of the current calendar year, d) "AS IS, WITH ALL
FAULTS", and e) with no express or implied warranties of any kind whatsoever.
Acceptance of this offer will eliminate future maintenance and management costs incurred by both City and County.
411 Elm Street, 4th Floor
Dallas, Texas 75202 (214) 653-7151
Commissioners Court
September 24, 2013
Page 2
FINANCIAL IMPACT
149
The proceeds from the resale will be distributed by Danas County Tax Office in accordance with the Property Tax
Cause No. styled Dallas County, et a! VS. Walter Lee Beaver, e! a!
DCAD Ace t No 20083500160110000 DCAD Value $99140 oun
Taxing Entities Less Eligible Expenses
(Tax Years Included Taxes Due Pro rata % of Purchase Recoverable Under
In Judgment) in Judgment Amount 34.06Tax Code
County (1987-2009) $13,689.02 13.3845%
City of DeSoto (1987-2009) $28,624.22 27.9875% $50,000.00 ($4,601.60)*
DeSoto .l.S.D. (1987-2009) $59,961.62 58.6279"10
$102,274.86
(*) Dallas County AdmInistrative Cost of$I,500 (DepOSIt. 00120.44557, Sale of Rea! Estate), Court Costs of$3,IOI.60,
City Maintenance Cost (requested)
Balance to be
Applied to
Taxes
$45,398.40
In recommending acceptance of the purchase amount of $50,000, we have considered the liability and maintenance
issues associated with the house, and the amount of post judgment tax liens of approximately $5,300 that will not be
discharged or extinguished by this sale. Taking into account the post judgment taxes, the purchaser will be paying
approximately $55,300 for the Property which is 56% of DCAD value. Additionally the Property will be back in
private ownership after having taxes delinquent for twenty-five years.
PERFORMANCE MEASURES IMPACT
Sale of the Property will assist the Property Division in meeting its performance measures for FY 2014.
PROJECT SCHEDULE
Court Order to Award Property
Balance Purchase Price Due & Close Sale
RECOMMENDATION
October 8, 2013
November 7, 2013
The Department of Public Works has reviewed the offer and recommends the Commissioners Court: (1) accept the
offer from Taxactional Funding, LLC for $50,000 to purchase the tax foreclosure property at 940 Pine Tree Lane,
DeSoto, Texas, DCAD Account No. 20083500160110000, (2) upon receipt of the balance of the purchase pricc,
authorize the sale of Property by quitclaim deed, subject to the previous owner's remaining right of redemption, if
any, and to the purchaser's obligation to pay post judgment taxes, the pro rata property taxes for the remaining part
of the current year, and (3) authorize the Tax Assessor Collector to receive and disburse the proceeds in accordance
with 34.06 of the Property Tax Code.
If the Commissioners Court is in agreement, a court order authorizing the matters above will be placed on the next
regular agenda.
APPROVED BY:
Alberta L. lair, P.E., Director of Public Works
Attachment: Location Map
Paul Hamilton, Assistant District Attorney, Civil Division

PAE:kar:SC
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150
TAX FORECLOSURE RESALE - DISTRICT 3
Copyright and (P) 1988-2012 Microsoft Corporation and/or its suppliers. All rights reserved, http://WIMN.microsoft.com/streets/
Ceriain mapping and direction data 2012 NAVTEQ. All rights reserved. The Data for areas of Canada includes mformation taken with permission from Canadian authorities, including:
Her Majesty the Queen in Right Of Canada, Queen's Pnnterfor Ontario, NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ, 2012 Tele Atias North America, Inc. All rights
reserved. Tele Atlas and Tele Atlas North America are trademarks ofTele Atlas, inc. 2012 by Apphed Geographic Solutions. All rights reserved, Portions Copyright 2012 by Woodall
Publications Corp_ All rights reserved
151
DALLAS COUNTY
OFFICE OF INFORMATION TECHNOLOGY
October 1, 2013
Through: Stanley Victrum, Chief Information Officer
From: Randy Guin, IT Enterprise Security Officer
Subject: Microsoft Development Network License
BACKGROUND
Dallas County has standardized its desktop/server operating environment and many of its
internal support applications on Microsoft solutions. Microsoft provides tools through the
Microsoft Development Network (MSDN) subscription to facilitate software design,
development, testing and demonstration of applications on its various desktop devices and
platforms.
IT Applications requires the license to download software that is critical to management
and integration between tools within the Microsoft Applications Architecture.
Without access to the MSDN tools IT Applications would have to physically perform task
on separate software which would increase cost of support and time to Dallas County
business users.
The approval, purchase and implementation of the requested subscription service are
consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer
Experience by implementing Standards of Operation, Innovation and Technology.
LEGAL IMPACT
No I egal impact.
152
FINANCIAL IMPACf
The cost for one MSDN subscription is $11,820.10 for a three-year period and will be
subsequently included in the County's renewal of its Microsoft Enterprise Agreement in
FY2015-16.
M/WBE
None
RECOMMENDATION:
Approve the purchase of the one Microsoft MSDN SUbscription license using the MTF
Unallocated Reserves as a funding source and transfer the noted funds to the Microsoft Site
License Account (195.0000.8640.92053) to complete the purchase.
Recommended by:
ctrum, Chief Information Officer
153
DALLAS COUNTY
COMMUNICATIONS AND CENTRAL SERVICES/TELECOMMUNICATIONS
October 1,2013
To:
Through:
From:
Commissioners Court
Darryl Martin, Court Administrator _ )
Chris Thompson, Director of Operations,(K
Paulette HWlter, Telecommunications Manager
w
en
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Y?
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Subject: AT&T GigaMan Circuits at 2121 Panoramic Circle, Dallas Texas 75212 & 2600 Lone Star Dallas Texas
Background of Issue
Dallas County and Beauty Elite Properties entered into an agreement for the County to purchase their property at 2121
Panoramic Circle Dallas Texas 75212 for proposed County occupants County Clerk, Public Service, Purchasing (surplus
warehouse), OSEM and Records through Court Order 2013-0091.

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The purpose of this briefing is to request approval to enter into 2 (two) 5 year (60 month) term AT&T ILEC HB2128 agreements
(attached) for Gigaman circuits, The first at 2121 Panoramic Circle a new circuit for network connectivity and the other is a
route redesign at 2600 Lone Star.
Impact on Operations
In accordance with AT&T's House Bil12128 this integrates 2121 Panoramic Circle connectivity onto the Counties
network backbone to allow the facility the utiliztion of the county's convergence network services for voice and data,
The Juvenile Justice Center (JJC) redesign/reroute is needed to incorporate 2121 Panoramic Circle location onto the
Counties existing ring topology infrastructure (see attached diagram),
Supports Vision 5 improving and maintaining Dallas County service delivery, to improve services, and a traditional
service provider whereby the County ensures the maintenance and delivery of services to its stakeholders,
Legal Information
Legal has reviewed and approved the agreements,
Financial Impact
1) 2121 Panoramic GigaMan circuit monthly recurring cost $1053,00, annual cost $12,636,00 and 5 year (60 month) term
cost $63,180,00,
2) JJC's revised GigaMan circuit monthly recurring cost $1046, annual cost $12,552, and 5 year (60 month) term
$6'2,760,00 an annual increase 0[$4290,84, JJC's current circuit monthly recurring cost $688,43, ammal cost $826Ll6
and 5 year (60 month) term $41,305,80,
Recommendation
Provide GigaMan Service at 2121 Panoramic onto the Counties Network Ring Backbone for connectivity and allow the
redesign of 2600 Lone Star GigaMan circuit
Attachments

154
ILEC INTRASTATE TARIFF NETWORK SERVICES PRICING SCHEDULE
For Texas House Bill 2128 Eligible Customers Provided Pursuant to Custom Terms
AT&T MA Reference No. 143666UA
AT&T Case Number (for AT&T internal use only): 276188.1
If applicable, this Pricing Schedule supersedes case #
<'Customer .......... .,. ..' ... ..... .''0.' ....... ,.'
County of Dallas
, Street Address: 600 Commerce
City: Dallas State/Province: TX
Zip Code: 75202 Country: USA
Customer Contac! (f()r notices) .;' .... '.
.
. .
. ',
,.".' .. "i" ,.
' .. ' '.
'.:' ..
Name: Paulette Hunter
Title: Telecommunications Manager
Street Address: 600 Commerce St
City: Dallas
State/Province: TX
Zip Code: 75202
Country: USA
Telephone: 2146536468
Fax: 2146536464
Email: paulette.hunter@dallascounty.org
Customer Account Number or Master
Account Number:
AT&T:.,." ..
'... .J
' : .. '.'.,
'.
.'
. ......
AT&T Texas
AT&TSales Contact .....
PrlmarYCqntactAT&1 . '....: ...> ..
Name: Mark McCarty
Street Address: 1116 Houston St
City: Fort Worth State/Province: TX
Telephone: 817 8849463 Fax: 2147618164
Email: mm8932@att.com
Sales/Branch Manager: Pattie Buikema
SCVP Name: Steve Roberts
Sales Strata: GEM Sales Region: TX
With a cogy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 079210752
ATTN: Master Agreement Support Team
Email: mast@attcom
A'r&TSollitioli ProviderorRepresentativeJriforl11ation'(ifaRplicable)[] ..;, .,
.
. .:' ..... ' , ..... '.. .
... .
. ' . ... ' .: ...
Name: Company Name:
Agent Street Address: City: State: Zip Code:
Telephone: Fax: Email: Agent Code
This Pricing Schedule IS a part of the parties' Agreement referenced above. Customer agrees to purchase the Servlce(s) described in
Sections 1 and 3 below, in the quantities and according to the prices and terms and conditions set forth in this Pricing Schedule and the
Agreement The Parties acknowledge and agree the rates, terms and conditions under this Pricing Schedule are available only to
qualifying entities under Texas HB2128, and the Service(s) are offered under individual- case terms and conditions (including price).
Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the Service(s) constitutes ten percent
(10%) or less of the total traffic on the Service.
This Pricing Schedule expires upon the expiration of the Minimum Payment Period as further described later.
If checked, the following statement does not apply: Customer confimns receipt of the AT&T customer building I site preparation
document describing the installation requirements at the Site(s) .
CustoJl1er(byitsauthorized:representative)
By:
Printed or Typed Name:
Title:
Date:
Texas_HB2128_ps
ROME SR: 118FV94J bf1424
01.09.13 v2
.... .
Page 1 of 3
A T:&T(byits authorizedrepresentatiVe)
.'
' ..
...
By:
Title:
Date:
v.09113/12

155
AT&T ILEC Intrastate Tariff Network Services Pricing Schedule
for Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms
1. SERVICE AND SERVICE PROVIDER
Serviee(s) Service Provider Service Order Type
Gigaman AT&T Texas Per Service (Circuit). identified on Attachment 1
2. MINIMUM PAYMENT PERIOD, EFFECTIVE DATES
Minimum Payment Period ("T erm") 60 Months
51anDateof Mlnimu
l11
Rayment Period for
EACH Servic,eor Service Component ,.. ..
later of the Effective Date or installation of the Service or Service Component
Then-current month-tomonth rates, terms and conditions for the Service (such rates may
Pricing following the expiration of Term
be higher than those u n ~ ~ ~ this Pricing Schedule; no rates or discounts provided under this
Pricino Schedule will aool
3. RATES AND CHARGES; QUANTITIES; SERVICE LOCATION(S)
See Attachment 1 attached hereto and incorporated herein by this reference.
4. SPECIAL TERMS AND CONDITIONS
4.1. Termination. Subject to the Minimum Payment Period. either Party may terminate any Service provided under this Pricing Schedule
for convenience by providing its Notice of termination to the other Party at least 30 days' prior to its intended date of termination.
4.2. Non-Appropriations of Funding. If Customer is a government agency dependent entirely on government funding. by executing
this Pricing Schedule. Customer warrants that Customer has funds appropriated and available to pay all amounts due hereunder through
the end of Customer's current fiscal period. In the event Customer is unable to obtain the necessary appropriations or funding for the
Services provided under this Pricing Schedule. Customer may terminate the Services without liability for the Termination Charges set
forth in the Agreement upon the following conditions: (i) Customer has taken all actions necessary to obtain adequate appropriations or
funding; (ii) despite Customer's best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and
(iii) Customer has negotiated in good faith with AT&T to develop revised terms. an alternative payment schedule or a new agreement to
accommodate Customer's budget. Customer must provide AT&T thirty (30) days' written notice of its intent to terminate the Services
under this section, Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last
day for which funds were appropriated or otherwise made available. If Customer terminates the Services under this Pricing Schedule
under this section, Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination, and
reimburse all unrecovered non-recurring charges; and (ii) it will not contract with any other provider for the same or substantially similar
services or equipment for a period equal to the original Minimum Payment Period for such Service(s).
4.3. Governing Law. This Pricing Schedule and any claims arising hereunder or related hereto, whether in contract or tort, shall be
governed by the domestic laws of the State of Texas.
4.4. Change of Law
AT&T reserves the right to require periodic updates to the terms and conditions of this Pricing Schedule. and all relevant documents
associated therewith, to maintain alignment with new and changed legislation, legal requirements, rules and regulatory requirements
applicable to the products and services offered under this Pricing Schedule. If federal or state laws and regulations are changed and/or
become effective that may impact the Terms and Conditions related to the products and services offered under this Pricing Schedule, the
change of law Terms and Conditions shall be implemented through a contract amendment process whereby an authorized representative
of the Parties shall execute a formal written amendment. Such Amendment shall be referred to as the "Change of Law Amendment."
Notwithstanding the foregoing, if the Parties cannot reach agreement on the Change of Law Amendment terms within 30 days of the
effective date of the applicable law, and such change of law impacts the rates/prices contained in this Pricing Schedule, then the rates
shall be implemented immediately in accordance with such applicable law. Such rate changes shall be implemented consistent with E-
Rate rules and regulations and applicable procurement laws.
Page 2 of3 v.09113112
156
4.5. State Government Dispute Resolution. The Parties agree that to the extent required by law, the Vendor's claim for breach of
this Agreement that the Parties cannot resolve in the ordinary course of business or through the use of all reasonable and informal means
will be submitted to the negotiation process provided in Chapter 2260, Subchapter B, Texas Government Code, and compliance with
Chapter 2260, Subchapter B, Texas Government Code, is a condition precedent to the filing of a contested case proceeding under
Chapter 2260, Subchapter C, Texas Government Code,
4,6. Indemnification. AT&T and Customer, including their respective employees and elected officials, agree that each shall be
responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement,
without waiving any governmental immunity available to Dallas County under Texas and other applicable laws, and without
waiving any available defenses under Texas and other applicable laws, Nothing in this paragraph shall be construed to create
or grant any rights, contractual or otherwise, in or to any third persons or entities.
4.7, Insurance, AT&T agrees that it will at all times during the term ofthis Agreement maintain in fullforce and effect insurance, including
workers' compensation insurance for its employees. or self-insurance, to the extent permitted by applicable law under a plan of self-
insurance, that is also maintained in accordance with sound accounting practices, It is expressly agreed that AT&T will be solely
responsible for all cost of such insurance; any and all deductible amounts in any policy; and in the event that the insurance company
should deny coverage,
Insurance Certificates, The certificate of insurance shall list Dallas County as the certificate holder. All insurance policies or duly
executed certificates for the same required to be carried by AT&T under this Agreement, shall be delivered to the Dallas County Director
of Purchasing, 509 Main Street, 6. Floor, Room 623, Dallas, Texas 75202, within ten (10) calendar days of execution andlor renewal 01
this Agreement and upon renewals andlor material changes of such policies, but not less than fifteen (15) calendar days prior to the
expiration of the term of such coverage, or such non-delivery shall constitute a default of this Agreement subject to immediate termination
at Dallas County's sale discretion,
4,8, Sovereign Immunity: This Agreement is expressly made subject to Dallas County's Governmental Immunity, including, without
limitation, Title 5 of the Texas Civil Remedies Code and all applicable State and federal Laws, The parties expressly agree that no
provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any
tort limitation, that Dallas County has by operation of law, or otherwise, Nothing in this Agreement is intended to benefit any third party
beneficiary,
4,9, Survival. The provisions of Sections 4,6, 4.7, and 4,8 shall survive termination or expiration ofthis Agreement or any determination
that this Agreement or any portion hereof is void, voidable, invalid or unenforceable,
APPROVED AS TO FORM'
CRAIG WATKINS
DISTRICT ATTORNEY
CHRIS THOMPSON
DIRECTOR OF OPERATIONS
Melanie Barton
Billing Telephone Number for Existing service, if applicable:
'BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVE CONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS, IT MAY NOT
ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES, OUR REVIEW OFTHIS DOCUMENT WAS CONDUCTED
SOLELY FROM THE LEGAL PERSPECTIVE OF OUR CLIENT, OUR APPROVAL OF THIS DOCUMENT WAS OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT,
OTHER PARTIES SHOULD NOT RELY ON THIS APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S),
Page 3 013 v,09/13/12
Circuiti
Svc
1
SELECT ONE:
Service Quantities, Locations, Monthly Rate and Non-Recurring Charges
Attachment 1 to
__ Place X here if this is an Attachmentto AT&T ILEC Intrastate Tariff Network Services Agreementfor
Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms
_X_ Place X here ifthis is an Attachmentto AT&T ILEC Intrastate Tariff Network Services Pricing Schedule
__ Place X here if this is an Attachment to AT&T ILEC Intrastate Network Services Agreement for
__ Place X here if this is an Attachment to AT&T ILEC Intrastate Network Services Pricing Schedule for
__ Place X here if this is an Attachment to Texas House Bill 2128 Intrastate Network Services Agreement
AT&T Advanced Solutions
CUSTOMER NAME: COUNTY OF DALLAS
SERVICE:
(Enter Name of Service* here. If contract includes more than one Product/Service, use a separate Attachment per Product.)
* For OPT -E-MAN or CSME also include the specific Service information in the" ADDITIONAL INFORMATION" column .
For OPT-E-MAN, indicate: 1 Gbps Port or 100 Mbps Port; Basic Connect or Basic Plus;
CIR speeds; and Bronze or Silver Grade of Service
'For CSME, indicate I Gbps Port or 100 Mbps Port or 10 Mbps Port
tdentify if
Case Number #
'New' OR LOCATION B (if
EXISTING NON-
(for AT&T Internal Use 'Existing' LOCATION A - Street applicable) - Street CIRCUIT 10, if MONTHLY RECURRING ADDITIONAL INFORMATION'
Only) Service Address and City Address and City applicable RATE CHARGE ('See notes above.)
2121 Panoramic Cir, 133 N Industrial,
276188.1 NEW Dallas, TX Dallas, TX $1,053.00 $0.00 NEW GIGAMAN CIRCUIT
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
$0.00
TX HB 2128_Loc_Attach v.11-17-11
~
(]l
"

158
ILEC INTRASTATE TARIFF NETWORK SERVICES PRICING SCHEDULE
For Texas House Bill 2128 Eligible Customers Provided Pursuant to Custom Terms
AT&T MA Reference No. 143666UA
AT&T Case Number (for AT&T internal use only): 276188.2
If applicable, this Pricing Schedule supersedes case #
:Customer
County of Dallas
Street Add ress: 600 Commerce
City: Dallas State/Province: TX
Zi Code: 75202 Count: USA
Name: Paulette Hunter
Title: Telecommunications Manager
Street Address: 600 Commerce St
City: Dallas
State/Province: TX
Zip Code: 75202
Country: USA
Telephone: 214653-6468
Fax: 214653-6464
Email: paulette.hunter@dallascounty.org
Customer Account Number or Master
Account Number:
AT&T Texas
'AT &q'$ales Contaci,lnformationand:'or ContracHlofices

Name: Mark McCarty
Street Address: 1116 Houston St
City: Fort Worth State/Province: TX
Telephone: 817884-9463 Fax: 214761-8164
Email: mm8932@att.com
Sales/Branch Manager: Pattie Buikema
SCVP Name: Steve Roberts
Sales Strata: GEM Sales Region: TX
With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
mast att.com
AT&T.Solutionpro\firlerorltepresentaliveJriformat'on:(ifapplicablejD
Name: Company Name:
Agent Street Address: City: State: Zip Code:
Telephone: Fax: Email: Agent Code
This Pricing Schedule is a part of the parties' Agreement referenced above. Customer agrees to purchase the Service(s) described in
Sections 1 and 3 below, in the quantities and according to the prices and terms and conditions set forth in this Pricing Schedule and the
Agreement. The Parties acknowledge and agree the rates, terms and conditions under this Pricing Schedule are available only to
qualifying entities under Texas HB2128, and the Service(s) are offered under individual- case terms and conditions (including price).
.
Customer acknowledges and certifies that the total interstate traffic (including Intemet traffic) on the Service(s) constitutes ten percent
(10%) or less of the total traffic on the Service.
This Pricing Schedule expires upon the expiration of the Minimum Payment Period as further described later.
If checked, the following statement does not apply: Customer confirms receipt of the AT&T customer building / site preparation
document describing the installation requirements at the Site(s) .
Customer (by its authorized representative) ....
By:
Title:
Date:
Texas_HB2128JlS
ROME SR 1-18FV94J bf1424
01.09.13 v2
. .
Page 1 of 3
AT&Tjby-itsauthorized.representative} '. .' .,':' .. '
. ...
By:
Title:
Date:
v.09113112
,
159
forTexas HB2128 Eligible Customers Provided Pursuant to Custom Terms
1. SERVICE AND SERVICE PROVIDER
Service(s) Service Provider Service Order Type
Gigaman
AT&T Texas Per Service (Circuit), identified on Attachment 1
2. MINIMUM PAYMENT PERIOD, EFFECTIVE DATES
Minimum Payment Period ("T erm") 60 Months
StarlD.ateof'Minilnum'Payment Period for
later of Ihe Effective Date or installation of the Service or Service Component
EACHService.or'service,Component
Then-current month-to-month rates, terms and conditions for the Service (such rates may
Pricing following the expiration of Term
be higher than those under this Pricing Schedule; no rates or discounts provided under this
Pricinq Schedule will applv)
3. RATES AND CHARGES: QUANTITIES: SERVICE LOCATION(S)
See Attachment 1 attached hereto and incorporated herein by this reference.
4. SPECIAL TERMS AND CONDITIONS
4.1. Termination. Subject to the Minimum Payment Period, either Party may terminate any Service provided under this Pricing Schedule
for convenience by providing its Notice of termination to the other Party at least 30 days' prior to its intended date of termination.
4.2. Non-Appropriations of Funding. If Customer is a government agency dependent entirely on government funding, by executing
this Pricing Schedule, Customer warrants that Customer has funds appropriated and available to pay all amounts due hereunder through
the end of Customer's current fiscal period. In the event Customer is unable to obtain the necessary appropriations or funding for the
Services provided under this Pricing Schedule, Customer may terminate the Services without liability for the Termination Charges set
forth in the Agreement upon the following conditions; (I) Customer has taken all actions necessary to obtain adequate appropriations or
funding; (iI) despite Customer's best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and
(iii) Customer has negotiated in good faith with AT&T to develop revised terms, an alternative payment schedule or a new agreement to
accommodate Customer's budget. Customer must provide AT&T thirty (30) days' written notice of its intent to terminate the Services
under this section. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last
day for which funds were appropriated or otherwise made available. If Customer terminates the Services under this Pricing Schedule
under this section, Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination, and
reimburse all unrecovered non-recurring charges; and (ii) it will not contract with any other provider for the same or substantially similar
services or equipment for a period equal to the original Minimum Payment Period for such Service(s).
4.3. Governing Law. This Pricing Schedule and any claims arising hereunder or related hereto, whether in contract or tort, shall be
governed by the domestic laws of the State of Texas.
4.4. Change of Law
AT&T reserves the right to require periodic updates to the terms and conditions of this Pricing Schedule, and all relevant documents
associated therewith, to maintain alignment with new and changed legislation, legal requirements, rules and regulatory requirements
applicable to the products and services offered under this Pricing Schedule. If federal or state laws and regulations are changed andlor
become effective that may impact the Terms and Conditions related to the products and services offered under this Pricing Schedule, the
change of law Terms and Conditions shall be implemented through a contract amendment process whereby an authorized representative
of the Parties shall execute a formal written amendment. Such Amendment shall be referred to as the "Change of Law Amendmen!."
Notwithstanding the foregoing, if the Parties cannot reach agreement on the Change of Law Amendment terms within 30 days of the
effective date of the applicable law, and such change of law impacts the rateslprices contained in this Pricing Schedule, then the rates
shall be implemented immediately in accordance with such applicable law. Such rate changes shall be implemented consistent with E-
Rate rules and regulations and applicable procurement laws.
Page 2 of 3
v.09/13/12
160
4.5. State Government Dispute Resolution. The Parties agree Ihal to the extent required by law, the Vendor's claim for breach of
this Agreement that the Parties cannot resolve in the ordinary course of business or through the use of all reasonable and informal means
will be submitted to the negotiation process provided in Chapter 2260, Subchapter B, Texas Government Code, and compliance with
Chapter 2260, Subchapter B, Texas Government Code, is a condition precedent to the filing of a contested case proceeding under
Chapter 2260, Subchapter C, Texas Government Code,
4.6. Indemnification. AT&T and Customer, including their respective employees and elected officials, agree that each shall be
responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement,
without waiving any governmental immunity available to Dallas County under Texas and other applicable laws, and without
waiving any available defenses under Texas and other applicable laws. Nothing in this paragraph shall be construed to create
or grant any rights, contractual or otherwise, in or to any third persons or entities.
4.7. Insurance. AT&T agrees that it will at all times during the teom of this Agreement maintain in full force and effect insurance. including
workers' compensation insurance for its employees, or self-insurance, to the extent permitted by applicable law under a plan of self-
\ .insurance, that is also maintained in accordance with sound accounting practices. It is expressly agreed that AT&T will be solely
',' ,responsible for all cost of such insurance; any and all deductible amounts in any pollcy; and in the event that the insurance company
. should deny coverage.
Insurance Certificates. The certificate of insurance shall list Dallas County as the certificate holder. All insurance policies or duly
executed certificates for the same required to be carried by AT&T under this Agreement, shall be delivered to the Dallas County Director
of Purchasing, 509 Main Street, 6- Floor, Room 623. Dallas, Texas 75202, within ten (10) calendar days of execution andlor renewal of
this Agreement and upon renewals andlor material Changes of such policies, but not less than fifteen (15) calendar days prior to the
expiration of the term of such coverage, or such non-delivery shall constitute a default of this Agreement subject to immediate termination
at Dalias County's sale discretion.
4.8. Sovereign Immunity: This Agreement is expressly made subject to Dallas County's Govemmentallmmunity, including, without
limitation, Title 5 of the Texas Civil Remedies Code and all applicable State and federal Laws. The parties expressly agree that no
provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any
tort limitation, that Dallas County has by operation of law, or otherwise. Nothing in this Agreement is intended to benefit any third party
beneficiary.
4.9. Survival. The provisions of Sections 4.6, 4.7, and 4.8 shall survive teomination or expiration of this Agreement or any determination
that this Agreement or any portion hereof is void, voidable, invalid or unenforceable.
APPROVED AS TO FORM'
CRAIG WATKINS
DISTRICT ATTORNEY
CHRIS THOMPSON
DIRECTOR OF OPERATIONS
Melanie Barton
:Fo'Il'T&Tih.temli/;usii;qnl
Billing Telephone Numberfor Existing service, if applicable:
'BY LAW, THE D[STRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVE CONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF [TS CLIENTS. [T MAY NOT
ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF TH[S DOCUMENT WAS CONDUCTED
SOLELY FROM THE LEGAL PERSPECTIVE OF OUR CLIENT. OUR APPROVAL OF TH[S DOCUMENT WAS OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT.
OTHER PARTIES SHOULD NOT RELY ON TH[S APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN RESPECT[VE ATTORNEY(SI
Page 3 of3 v.09113112
Circuit!
Svc
1
SELECT ONE:
Service Quantities, Locations, Monthly Rate and Non-Recurring Charges
Attachment 1 to
._ Place X here if this is an Atlachment to AT&T ILEC Intrastate Tariff Network Services Agreement for
_X_ Place X here if this is an Atlachment to AT&T ILEC Intrastate Tariff Network Services Pricing Schedule
__ Place X here if this is an Attachment to AT&T ILEC Intrastate Network Services Agreement for
__ Place X here if this is an Attachment to AT&T ILEC Intrastate Network Services Pricing Schedule for
__ Place X here if this is an Attachment to Texas House Bill 2128 Intrastate Network Services Agreement
AT&T Advanced Solutions
CUSTOMER NAME: COUNTY OF DALLAS
SERVICE:
(Enter Name of Service* here. If contract includes more than one ProductJService, use a separate Attachment per Product.)
* For OPT -E-MAN or CSME also include the specific Service information in the" ADDITIONAL INFORMATION" column.
, For OPT-E-MAN, indicate: 1 Gbps Port or 100 Mbps Port; Basic Connect or Basic Plus;
CIR speeds; and Bronze or Silver Grade of Service
'For CSME, indicate I Gbps Port or 100 Mbps Port or 10 Mbps Port
Identify if
Case Number #
'New'OR LOCATION B (if
EXISTING NON-
(for AT&T Internal Use 'Existing' LOCATION A - Street applicable) - Street CIRCUIT 10, if MONTHLY RECURRING ADDITIONAL INFORMATION'
Only) Service Address and City Address and City applicable RATE CHARGE ('See notes above.)
2121 Panoramic Cir, 2600 Lone Star,
276188.2 NEW Dalias, TX Dalias, TX $1,046.00 $0.00 NEW GIGAMAN CIRCUIT
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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163
DALLAS COUNTY
COMMUNICATIONS AND CENTRAL SERVICES
"); - ,.i$ 600 COMMERCE STREET, SUITE 750
"fer
Z? OF' DALLAS, TEXAS 75202
October 1, 2013
Commissioners Court
Darryl Martin, Court Administrator
Chris Thompson, Director. of Operations t.D
Paulette Hunter, Telecommunications Manager
Mobile & Paging Device Policy County Code Posting
Background ofIssue
May 7, 2013 Telecommunications submitted a briefing for a thirty (30) day comment on mobile & Paging device policy updates in County
Code Section 114, 181 184 and pager policy code be placed in Section 114, 190. - Reserved.
Te!econununications received only one (1) comment/reply from Director of Operations requesting to remove the following statement from
Sec. - Mobile Device Usage item, "(a) All DC owned/issued mobile devices are required to have the Dallas County MDM (Mobile
Device Management) client".
The MDM client does not apply to the mobile devices that Telecommunications provide to county employees.
Telecommunications worked with IT Enterprise Security Officer on this issue and the Security Officer will submit a wireless policy that will
cover this issue and will indicate that it is a requirement of any mobile device (County or personal) that connects to the Dallas County
Network to do so with the MDM solution the County is using.
The purpose of this brieHng is to request approval to update the County Code Section 114, 181-184 for cell phones and utilize section 114,
188-190 for pagers with the attached documents.
Impact on Operations
There is no impact on Operations. The mobile devices distributed through Telecommunications are not connected to the network. The devices
are being used for emails, internet, calls, texts and photo transmission. Email wiI! use active sync with Exchange which is acceptable with the
IT Enterprise Security Officer.
Supports Vision 1.4 Improve the Customer Experience by implementing Standards of Operation.
Financial Impact
The changes will not impose any additional financial impact to the County.
Legal Consideration
None
Recommendations
Post Section 114, 181-184 with the attached mobile device policy and the attached pager policy in Section 190. - Reserved.
164
Mobile Device Policy
Sec. 114-181. - Requests; reviewing
An requests for mobile devices (cellular phones, smart phones, iPhones, MiFi, tablets, wireless data cards, microcell routers) will be made using a Dallas County
Telecommunications Requirement form. Fann can be found at Communications & Centra! Services website
http://www,dallascQunty.org/department/comm/comm index php and under IT Services http'/twwwdaHascOUl'llv.org/itservices/fonns.htmL Fax forms to (214) 653-
6464 or email to telecomservices@dallascounty.org. For all requests and quotes on Windows/Net\",ork based tablets and ipads contact the IT Service Desk at 214-653-
7900.
(a) All requests submitted must include the following infonnation:
(l) Requesting department name and department number.
(2) To whom the mobile device will be issued (complete name).
(3) Mobile device type.
(4) Explanation why the mobile device is needed, include the job duties of the employee for which the device is requested. This explanation should clearly
delineate why other means of communication cannot satisfY operational requirements.
(5) An estimate of monthly utilization (Le., 100 minutes, 200 minutes, etc). Requests for utilization in excess of 250 minutes must include detailed
justification for this level of usage.
(6) Justification for any ancillary equipment that may be requested. Devices will include an AC charger. All other equipment (cigarette lighter adapters,
carrying cases, belt clips, etc.) is extra.
(7) Funding code and or Grant Funded.
(8) Elected Official/Department Head signature.
(9) If the employee to whom a mobile phone is issued was previously issued a County pager, that pager will be turned in unless otherwise approved. If a
request is made for both a phone and pager or the department is requesting to retain the pager a specific detailed justification for needing both must be
included on the request.
(10) Any special applications needed and the cost of that application if any.
Sec. 114182 .. Demonstration of need; guidelines for mobile devicc recommendations
The Telecommunications Department will review each request using the criteria listed below. After evaluation, each request "With a recommendation will be forwarded
to the Office of Budget & Evaluation. The Office of Budget & Evaluation will evaluate the request using the duties and responsibilities of the position for which the
moblle device is requested. If approved by Office of Budget & Evaluation, they will submit briefing to Commissioners Court.
After a request is approved and briefed, Telecommunications wil! order the equipment and will notify the requesting department when devices are ready for pickup.
The criteria for reviewing requests are as follows:
(a) Job function/Operational Requirements
(1) Duties involve frequent travel and/or routinely take the employee into the field or otherwise away from routine
telephone, internet and radio communications. Such person must be contacted on a recurrent basis and must respond in an expeditious time fTame.
(2) Duties are such that the employee must be contacted and respond within a short period to provide directions or authorize
action.
(3) Employee must be contacted after nonnal business hours or on weekends and employee will n01 have ready access to
other means of communications.
(4) Rate plan will be assigned based on the information submitted on the Telecommunications request (note: Telecommunications will
monitor utilization and change plans as necessary to insure the most economic rates are used)
Sec. 114-183. - Mobile Device Usage
(a) Employees are prohibited from downloading and installing unapproved and unauthorized software applications on County mobile devices (DC Muni code 74-
1028 (f). All DC owned/issued mobile devices are required to have the Dallas County MDM (Mobile Device Management) client.
(b) In the event a County mobile device is lost, stolen or misplaced, Telecommunications must be notified immediately so that appropriate steps can be taken to
terminate service for that device.
(c) Mobilc devices issued by the county are County property. Employees must comply with requests to make their County issued device available for any reason,
including upgrades, replacement, or inspection. Employees who leave the County for any reason must turn in their County issued mobile device.
(d) County issued mobile devices are to be used only for business purposes. Although occasional brief personal usage is permitted, personal usage that exceeds the
standard (monthly utilization) will result in the employee reimbursing the County for any costs or charges (cost of cal! plus 35% administrative fees and 3% tax)
relating to persona! use of the device (any call that cannot be documented as to its business purpose will be treated as a personal/unauthorized call).
(e) Employees provided with County mobile devices are responsible for the safe keeping of the device.
(f) Employees are responsible for the cost ofreplacing a lost or stolen device. Replacement cost will be $50 or the cost of the device, whichever is greater.
(g) When driving a county vehicle, mobile device usage is prohibited. Employees are to pull oITthe road safely and park in a safe location before texting and/or
receiving or placing a phone call. Employees may talk on mobile devices with a handsfree adaptor.
DlSCLOSURE
Electronic communication devices are not private or confidential. Any information located on a County communication device is the property of Dallas County and
may be considered a public record. There are no rights to employee privacy on a County communication device. Any confidential, personal information located on the
communications device could be considered public record and disclosed to third parties.
165
Pager Policy
Sees. 114-188. - Requests; reviewing
All requests for pagers will be made by submitting a Dallas County Telecommunications Requirement fonn. The form can be found at
Communications & Central Services website index.php and under IT Services
http://www.dallascounty,orgiitservices/forms.htrnL Fax forms to (214) 653-6464 or email to telecomservices@dallascounty.org or delivery to 600
Commerce Street, 7th floor, Suite 750, Dallas 75202
FYI, Pager batteries are not supplied by Telecommunications. Replacement batteries are the responsibility of the departments.
(a) Each request submitted must include the following infonnation:
(1) Requesting deparyment name and department number.
(2) To whom the pager will be issued.
(3) Explanation why the pagers are needed and include employee job duties for which the pager is requested.
(4) Indicate pager type alpha or digital.
(5) Indicate if associated with a call group to ensure correct pager type.
(6) Justification for pager requested.
(7) Funding code or Grant Funded.
(8) Elected Official/Department Head signature.
Secs. 189 . Procedures; guidelines for pager recommendations
(a) The Telecommunications Department will review each request using the criteria listed below. After evaluation of each request, the request
will be briefed in Commissioners Court. If it is not recommended, the requesting department will be notified. After approval and briefing
Telecommunications will order equipment and notifY the requesting department when available for pickup.
(1) Duties are such that a pager is more convenient and economical than the use ofa mobile device.
(2) Duties are such that the employee must be contacted and respond within a reasonable amount of time to provide directions, infonnation
and or assistance.
Sees. 1 ]4-190. - Replacement of Pagers
(a) Damaged Pagers
(1) Deliver all damage pagers to Telecommunications 600 Commerce Street, 7th floor, Suite 750, Dallas 75202.
(2) Replacements for damaged pagers will be issued the same day jf in stock and if not in stock a replacement will have to be
ordered,
(3) Telecommunications will inform the user when to the pager or will notifY the department when pager is
ready for pickwup.
(b) Lost Pagers
(1) Lost pagers are the responsibility of the employee unless a written statement from the employee's manager is
submitted stating the pager was lost in the performance of official duties.
The following information must be included:
(a) Employee name, department and pager number.
(b) Date pager lost.
(c) Job Function performing when pager was lost.
(d) If pagel' is not lost in the perf-ormance of official duties, employee will incur the cost of pager and should follow the procedures
listed.
DISCLOSURE
i. Get cost of pager and payroll deduction form from Telecom (214 653-7200 or telecomservicesrWdallascountv.com)
ii. Complete the payroll deduction form and submit by or personal delivery, no emails to Auditors
Office. Deduction will be taken from pay check based on date of receipt. If form received
within current pay period will be deducted then or on next pay period.
iii. Bring a copy of payroll deduction form to Telecom with date stamp from Auditors and new pager will be issued.
iv. Maintain receipt in case pager is found.
v. If a lost pager is found, bring the payroll deduction form and pager to Telecommunications to have Payroll Office issue
refund - may not always be a refund.
Electronic communication devices are not private or confidential. Any information located on a County communication device is the property of
Dalla.'> County and may be considered a public record. There are no rights to employee privacy on a County communication device. Any
confidential, personal information located on the communications device could be considered public record and disclosed to third parties.
DALLAS COUNTY
COUNTY CLERK
JOHN WARREN
September 25, 2013
166
From: Benjamin White, Program Coordinator
Through: John F. Warren, Dallas County Clerk
\ S COUNTY
G f ~ S COUr; T
13 SEP 25 ~ / i l 8: 56
Subject: Expansion of the Administration Building WiFi Network - Floors Four and Five
Background
The Dallas County Clerk wishes to expand the Administration Building WiFi network to
the fourth and fifth floors ofthe building. The goal of this initiative is to enhance wireless
network access for the aforementioned areas in order to support the enhanced computing
needs of the Public Works Department and Civil Division of the District Attorney's
Office.
The process thus far has included an on-site survey by the assessment team and efforts by
network engineers to develop the proposed network. The purpose of this briefing is to
provide a summary of their findings and the estimated cost in order to detennine the
Court's desire to move forward with the proposed initiative.
Proposal
The Dallas County Clerk's Office proposes to purchase hardware and installation service
as well as cabling service necessary to enhance the existing wireless network access in
selected areas of the Records Building.
, Administration Building , Access Points
I Floor 4 - Public Works 14
I Total
'4
\s
I Floor 5 - DA - Civil
Records Building 509 Main Street Dallas, Texas 75202-3551 (214) 653-7099
167
Operational Impact
The enhancement of the existing Administration Building wireless network will provide
improved wireless network access for the specified work areas.
The approval, purchase and implementation of the requested hardware and senices is
consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer
Experience by implementing Standards of Operation, Innovation, and Technology.
Legal Impact
None
Financial Impact
The total one-time cost for the requested wireless access points and supporting hardware
is $9,644 plus associated cabling costs.
The successful implementation of this enhancement will also require the purchase of one
(1) network switch and supporting equipment, as will be separately briefed by the Dallas
County Office ofInformation Technology.
All items other than the installation of the cables and the installation of the wireless
access points are available from TFE off of the State's contract DlR-SDD-1377.
Funding:
Funding to purchase the necessary hardware and installation services for the enhanced
wireless network in the Administration Building is available from the County Clerk Court
Technology Fund.
M/WBE
None
Recommendation
The Dallas County Clerk recommends that Commissioners Court approve the proposed
purchase of hardware and cabling/installation services necessary to enhance the wireless
network access in the Administration Building. Funding for this request is available from
the County Clerk Court Technology Fund.
Recommend
--------
DALLAS COUNTY
JOHNF. WARREN
COUNTY CLERK
September 24, 2013
168
To: Dallas County Commissioners Court
Stanley Victrum, Dallas County CIO
From: John F. Warren, County Clerk.
Subject: Development of App Store for Clerk's Office
Background of Issne
Over the past three years the County Clerk's Office has transitioned to the utilization of mobile
devices for information sharing purposes throughout the County Clerk's Office as well as in
collaboration with other Dallas County departments. The mobile devices are being used as a
replacement for paper meeting agendas and note sharing as a means to save paper, share
information more searnlessly, and ensure access via remote locations.
Additionally, the County Clerk's Office has greatly reduced the need for paper communications
as part of the digital courts initiative and other initiatives to which paper communications is no
longer necessary. We have laid the infrastructure for wireless access in all of the county
buildings within the downtown area as well as several of the sub-courthouses. Wireless access is
also being utilized in an effort to access court records by both county staff as well as litigants.
Mobile devices are now being used in many departments as a means of sharing information with
staff and others project stakeholders.
Impact on OperationlFinancial
The current method of communicating through mobile devices such as iPad's in particular is
done by downloading applications (apps) from iTunes and other providers for information
sharing. An issue has been raised as to the level of security needed to protect data from outside
the county infrastructure. To address this issue, the county clerk has engaged Virtual Clarity to
develop an internal Dallas County mobile application store (for internal use) that will allow for a
standardized and or secured method of accessing mobile applications for business utilization.
This will enable mobile device users to use apps that are tailored and designed specifically for
Dallas County business and the flow of information more securely. With the development of an
internal app store we will be able to create a secured environment to sync and share documents
between desktop computers and mobile devices. It will also give us the ability to remotely send
and share information to with other county departments.
1
169
The professional service agreement with Virtual Clarity will require them to work with Dallas
County Information Technology Department to address security control measures as well as
working with staff to virtualize our daily business processes. [Proposal is attached.]
The county clerk will pay the monthly cost ($4,150) for the development of the app store from
his records management fund (94009).
Legal Impact
None.
Recommendation
Based on the aforementioned proposal and attached agreement with Virtual Clarity, the county
clerk recommends approval of the development of an app store for deployment in the county
clerk's office and other departments with related business processes.
2
170
virtua
c arit
clear thinking. straight talking.
Government App Store
Proposal for
County Clerk
2013 Virtual Clarity
virtual
clarity.
1 Table of Contents
171
:2 TRANSMITTAL lETTER ........................................................................................
::I VIRTUAL CLARITY OVERVIEW ............................................................................
<4 INTRODUCTION ................................................................................................. 25
5 GOVERNMENT API' STORE .................................................................................. .6
5.1 USER EXPERIENCE .............................................................................................. 26
5.2 MANAGEMENT EXPERIENCE ........................................................................ " .......... 26
6 PROJECT EXECUTION ......................................................................................... .as
6. 1 ................................................................................................. as
6.2 SERVICE SET uP ................................................................................................ .as
6.3 USER CONFIGURATION AND ApPLICATION ........................................... " ...................... .as
6.4 END USER TRAINING AND DOCUMENTATION ............................. " ................. "" ............ as
6.5 PUBLIC TRAINING ............................................................................................... 29
6.6 ADMINISTRATOR TRAINING AND DOCUMENTATION ........................................................ 29
6.7 PROJECT MANAGEMENT AND CONTROL ...................................................................... 29
6.8 DEPLOYMENT TIMESCALES ............................... " .................................................... 29
6.9 DEPLOYMENT PHASES ................................ " ............. " ........ " ... " ...................... 10M
7 PROJECT TERMS ............................................................................................. 1144
7.1 LOCATION .................................................................................................... llH
7.2 RESOURCING ................................................................................................ llH
7.3 CLIENT RESPONSIBILITIES ................................................................................ UH
7.4 FEES AND INVOICING ...................................................................................... 12H
7.4.1 Payment schedule,." ... ,,,,. H".".. .. , ........... "., ............... " ................... ,." .... 12H
7.4.2 Term ........................................................................................................................... 12H
2013 Virtual Clarity 2 of 28
virtual

:2 Transmittal Letter
August 2, 2013
The Honorable John Warren
Dallas County Clerk
509 Main Street, 2nd Floor
Dallas TX 75202
Dear Mr. Warren:
172
Virtual Clarity is pleased to present our proposal for our Government App Store. The Government
App Store is a state-of-the-art platform that will empower your office to easily and seamlessly
deliver applications to your staff, other departments, your constituents and other outside entities
as you see fit. The Virtual Clarity Government App Store enables you to deliver applications
based on groups of users unlike other industry products. We have provided an overview of the
Government App Store within this proposal for your review.
I will be the main contact for this proposal. If you have any questions of if I can provide any
additional information please let me know. Virtual Clarity is excited about the opportunity to
partner with the Dallas County Clerk's Office. Our goal is to continue your legacy of success and
innovation in technology. We believe you will be the first Clerk in the Country to implement this
type of platform and our goal is to differentiate the Dallas County Clerk as the leader in mobile
platform and mobile application development.
Thank you again for the opportunity to partner with your Office. We look forward to getting
started.
Sincerely,
Ryan Schoenfeld
Executive Vice President, North America
41909 Feldspa r Place
Stone Ridge, VA 20105
703-626-7743 Cell
Rl!an.Schoenfeld@virtualciaritv.com
virtual
clarity_
3 Virtual Clarity Overview
173
Virtual Clarity joins with our government partners to deliver sustainable cost and quality
improvements for large organizations using a modern approach to technology infrastructure. The
company provides world leading advisory and implementation services, applying methods, tools
and software that uniquely accelerate adoption of virtualization, automation and cloud computing.
We recognize there are short-term and long-term goals associated with the type of large scale
transformation programs our government partners are undertaking. While IT transformation in
itself takes time, money and resources to deliver on reward, our partners also need to
successfully and seamlessly support their departments, staff and citizens during the period of
change. Virtual Clarity works with large enterprise organizations to design, implement and roll
Process
Virtual
Clarity
/
large IT transformation programs - moving
you to the Cloud. We understand how
government works and bring added value,
not only with our sophisticated methodologies
and technology expertise, but also by
assisting our government partners with the
internal marketing (staff buy-in) that makes
these projects successful and ultimately, less
stressful. Dallas County is the exact type of
organization that benefits the most from our
unique service offerings. You will be a
national leader and will be moving forward as
an innovator.
Virtual Clarity is a global leader in this space and we offer a unique opportunity for local, seamless
success in this project. Combining our process, technology and independence will ensure Dallas
County Clerk is a leader in mobile platform and mobile application delivery as well.
virtual
clarity.
4 Introduction
174
Tablets and smart phones are taking an increasing role in local government information
technology (IT). Mobile devices and the rapid development of native applications create step
changes in employee productivity.
Applications downloaded to mobile devices from public app stores bring complications to IT
security and procurement. Local governments are increasingly looking to deliver in house
applications to mobile devices without the constraints or security concerns imposed by public app
store suppliers.
To enable all the benefits of mobile devices and also be able to manage delivery and behavior of
applications, enterprise IT departments are implementing their own private enterprise app stores.
Gartner says that by 2017, 25% of enterprises will have an enterprise app store.
Virtual Clarity brings a fresh approach to private app stores in the government sector. We
recognize that our government partners need a greater level of customization and isolation than
provided by public app stores. We also recognize that some applications delivered through public
app stores should be made available to users in a managed way. Finally, we understand that our
customers see opportunities to share services across government boundaries provided a level of
localized customization can be maintained.
At the highest level, the Virtual Clarity Government App Store enables access to cutting edge data
and application services and allows IT to break down complex applications to be more cloud ready
We believe that in the next wave of IT ...
Consumers get to choose
Flexibility is king
Ecosystem is a marketplace
Innovation will be embraced and legacy leveraged
Services must integrate
Crowd sourcing and social networks used for support
Governance, compliance and audit matters
Virtual Clarity has developed a solution offering specifically for government. We implement a fully
functional private app store including the set-up of an initial set of apps and user accounts. We
deliver end user training and support the solution on a simple subscription basis. As a result, the
County does not need to procure or maintain any hardware for the installation. Virtual Clarity
provides the full scope of hardware, software, backup and services required to successfully
implement and support the Dallas County Government App Store for the long term.
175
virtual
clarity_
5 Government App Store
The Virtual Clarity Government App Store provides for a state-of-the-art mobile platform for the
seamless delivery of applications to your users. We implement and support a solution that
provides a customized, secure and private app store for our government customers. An overview
of the functionality is provided below:
Deliver apps from a single user entry point.
e Single store for both public and private apps.
Private app store for registered users with granular download access and granular app
management features.
Registered users can logon to a secure and private app store to download selected apps
directly to their mobile devices.
Apps can be grouped within the store according to department, device type, or category.
Users can be allowed to download all apps or restricted to subsets of apps as defined by the
Clerk's Office.
Apple and Android devices are supported.
Native and web apps are supported.
Private apps (built by our government customers) can be uploaded and securely distributed
through the store.
o Apple iTunes and Google Play integration for apps hosted in public app stores.
Integrated payment and procurement for iTunes apps using Apple VPP.
User ratings and reviews allow employees to recommend apps to co-workers.
App usage trend reporting.
App version control.
e Installation and configuration services.
Maintenance and support for your customized store.
5.1 User Experience
A registered user of the Government App Store can logon to the app store from their iPad, iPhone
or Android device. From the app store they will see a range of apps that are approved as
appropriate to their role, as well ratings and reviews from co-workers.
The user is able to download and install approved apps which will be delivered from the private
app store for in-house apps or via Apple iTunes or Google Play for public app store apps.
Purchases from iTunes can be seamlessly handed through integration with Apple VPP.
5.2 Management Experience
Management of the Virtual Clarity Government App Store is designed to be easy to use. An
administrator can securely authenticate to the Government App Store Management Console using
a web browser.
New users and new apps can be easily added using the Government App Store Management
Console. A range of additional administrative settings and usage reporting are available through
virtual

176
the Government App Store Management Console. Virtual Clarity provides full training on the
more sophisticated configurations.
virtual
clarity_
6 Project Execution
177
Virtual Clarity provides the full range of implementation services for the Government App Store
including the set-up of initial user accounts and apps. We recognize that new users and new apps
need to be added to the system on a regular basis. We provide a full set of training services so
that our customers can easily add users and apps as required.
Implementation Services are required to implement the solution and have the following
components.
6.1 Requirements
Virtual Clarity will provide a team onsite for four (4) business days to perform
requirements. Requirements will Include details that pertain to the roli out of the base
Government App Store solution for the Dallas County Clerks' Office as outlined in this
proposal. As an added benefit, we will also work with the County to develop requirements for a
future, larger County-wide roll out of the App Store. This may include meeting with County IT, as
well as other County departments as the County sees fit. We will be prepared for a series of brief
demonstrations of the App Store as appropriate to specific departments to staff teams. Prior to
coming onsite we will work with the Clerk's Office and the County to develop a high-level schedule
for the onsite team. Requirements developed outside of the scope of this proposal for the larger
County-wide roll out are not included as a part of the County Clerk's Government App Store
solution.
6.2. Service Set Up
Using professional services, Virtual Clarity implements an instance of the Government App Store
that is securely delivered over the Internet, configured with appropriate administrator privileges
and customized with appropriate government and/or departmental logos.
6.3 User Configuration and Application
Using professional services, Virtual Clarity configures an initial set of user accounts and apps
within the Government App Store. This first batch of users and apps is configured based on data
(such as username and email address) which are requested in advance. An initial service set up
that includes configuration of 20 users and 20 apps into the Government App Store. We can
deploy additional professional services to configure larger numbers. Following this engagement
the registered users will be able to access the Government App Store and download and install
apps to mobile devices.
6.4 End User Training and Documentation
Virtual Clarity provides end user training on how to access the Government App Store from a
mobile device and download and install applications. User guide documentation is delivered and
our training specialists deliver live web-based training sessions for end users including questions
virtual
clarity.
178
and answers. A minimum of one end user training session is delivered with each new
implementation of the Government App Store.
6.5 Public Training
Upon the roll out of the first public/constituent facing apps, Virtual Clarity will work with the
Clerk's Office to implement public training sessions. The sessions will need to be hosted at the
Clerk's Office or some other agreed upon central location. Virtual Clarity will work with the Clerk's
Office to establish two public sessions to both expose the public to the existence of the
Government App Store and to providing training on its use.
6.6 Administrator Training and Documentation
Virtual Clarity provides administrator training on how to configure new users, new apps and other
settings through the Government App Store Management Console. Using professional services
Virtual Clarity delivers administrator training through classroom training sessions on customer
premises and provides Administrator Guide documentation. A classroom based training session
can accommodate up to six administrators and requires Internet access and suitable facilities. If
classroom based training is not possible, then web based training can be delivered. A minimum of
one administrator training session is delivered with each new implementation of the Government
App Store.
Virtual Clarity's professional services team will deliver all of the Government App Store
implementation services. A set of information (such as the list of initial users and apps) is
requested before the implementation. Once the information is available, appropriate professional
services consultants will implement a private Government App Store and then work at the
customer site to complete configuration, deliver user and administrator training and ensure a
seamless adoption of the Government App Store.
6.7 Projed Management and Control
Virtual Clarity will implement a structured project management approach, with an initial emphasis
on laying a solid foundation for the deployment project followed by efficient and transparent
execution. Core to our approach is a focus on continuous delivery of measurable value. To
faCilitate interaction we adopt our client's standards for governance, planning and reporting
wherever possible.
6.8 Deployment Timescales
It is expected that the deployment project will begin on September 9
th
, 2013 with a target for
project completion within two elapsed weeks.
virtual
clarity.
6.9 Deployment Phases
179
A suggested breakdown of the deployment activities is shown on the timeline below. The specific
training schedule during week 2 can be tailored depending on availability. The project will include
a pilot prior to full go-live. Details of the pilot will be agreed upon between the Clerk's Office and
Virtual Clarity and defined during the Requirements Gathering Phase.

Create
'requirements

Finalize
deployment plan

Submit user and
app data Ionm
DaU"s County
:Review;
service Set Up
Offslte service
configuration
Offsite user and
app configuration
Admin and User
Training
Onsite Admin
Training
Web Based user
Training
Confirm service
set up
Go Live
180
virtual
clarity.
7 Project Terms
In this section "The Client" refers directly to the Dallas County Clerk's Office.
In this Agreement "Contractor" refers to Virtual Clarity
1.1 location
The Government App Store will be hosted in a secure Virtual Clarity facility.
1.2 Resollrcing
Virtual Clarity will fully manage all resource requirements, ensuring that an appropriate number of
skilled consultants are available.
Virtual Clarity will deploy a Principle to supervise this engagement. Virtual Clarity shall deploy
Virtual Clarity consultants with appropriate experience to execute Virtual Clarity's obligations
under this agreement.
7.3 Client Responsibilities
The execution of this proposal is dependent on The Client accepting and meeting a number of
responsibilities as outlined below.
1. The Client will assign a primary contact for this project. This single point of contact will be
responsible for facilitating all communications between Virtual Clarity and The Client and
for issue resolution, activity scheduling, interview scheduling, information collection and
dissemination and securing any necessary authorizations.
2. The Client will provide Virtual Clarity with building access at each required and agreed
upon location.
3. The Client will provide suitable space and Jacilities to the Virtual Clarity project team,
including office space, cubicle space, team or meeting rooms, telephones, Internet access,
etc. for any and all work done at The Client facilities.
4. The Cl'tent will keep the Virtual Clarity project manager apprised of business, organizational
and technical issues that may have an impact on the performance and delivery of this
project.
5. The Client will provide Virtual Clarity with sufficient access to functional, technical and
business staff as necessary for Virtual Clarity to perform the Services.
6. The Client will ensure that the appropriate staff members attend and participate in the
required meetings, interviews and reviews and are able to discuss the topics presented.
The Client acknowledges that timely provision to Virtual Clarity of aSSistance, cooperation and
complete and accurate information from The Client officers, agents, and employees etc. is
essential to the performance of Virtual Clarity. The Client acknowledges that Virtual Clarity's
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ability to perform the Services and any financial estimate, schedule or milestone commitments
related thereto depend upon The Client's cooperation on a timely basis, and The Client fulfillment
of the obligations stated above.
7.4 Fees and Invoicing
Virtual Clarity will undertake this engagement on a professional services basis. The County will
not acquire any hardware or software as a part of this contract. All fees are inclusive of travel,
accommodation and subsistence.
Contractor agrees to submit to the County Clerk fully documented and accurate itemized
statements of invoices with appropriate/applicable attachments, statistical and programmatic
documentation reports, as required by County.
7.4.1 Payment schedule
i Description
Payment
I prctf:ession Services Billed,Monthly.
Notes:
First payment is due after go-live.
All subsequent payments will be billed monthly.
A maintenance and support agreement will be supplied separately. Maintenance and
support is included in the professional services pricing above.
A license agreement will be supplied separately. The proposal provides for an enterprise
license for the County Clerk's Office employees only.
7.4.2 Term
The term of this contract shall be for three (3) years. This is a pay-per-use service. The County
may cancel the contract at any time with notice and simply discontinuing use of the
service.
7.4.3 Indemnification
A. To the fullest extent authorized by law, Contractor, including its elected officers,
employees, directors, agents, volunteers, subcontractors and assigns (referred
collectively as "Contractor") shall waive, release, indemnify and hold harmless County,
including its Commissioners, Judge, assigns, elected officers, directors, employees,
agents, and any third parties with whom County has or may in the future contract with
to perform any aspect of County's Information Technology business functions (referred
collectively as "County"), from and against any and all losses, damages, injuries
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(including death), causes of action, claims, demands, liabilities, judgments, suits,
losses, damages,fines, assessments, penalties, adverse awards and expenses (whether
based upon tort, breach of contract, patent, trademark or copyright infringement, or
other intellectual property infringement, failure to pay employee taxes or withholdings,
failure to obtain worker's compensation insurance, or otherwise), whether known or
unknown, including, without limitation, legal and related legal fees and expenses, of any
kind or nature arising out of or on account of, or resulting from (1) any actual or alleged
intentional or negligent act or omission of, or default in the performance of, attempted
performance of, or failure to perform, Contractor's obligations pursuant to this Contract
by Contractor, (2) Contractor's involvement in the specified services under this
Contract, (3) Any terms or conditions or provisions or underlying provisions of this
Contract, including but not limited to, any premises or special defect known or unknown
to County, and any injury to individuals present during Contractor's involvement under
the terms and conditions of the services and Contract, including willful acts such as
assault, copyright, licensing and patent infringement relating to any software and lor
equipment provided by Contractor; and wrongful imprisonment or other intentional
torts as a result of incorrect and/or scrambled information downloaded from any
software and/or equipment provided by Contractor, and (4) the selection, provision,
misuse, use or failure to use, by Contractor or any person or entity, of any medical
devices, tools, supplies, materials, equipment, any other devices, tools, supplies,
materials, equipment, or vehicles (whether owned or supplied by County, or any other
person or entity) in connection said work or operations;
B. No Indemnification by County. Contractor acknowledges and agrees that Dallas County
does not have the ability under Article XI, Section 7 of the Texas Constitution from
indemnifying it or any other third party for damages arising under this Contract.
C. Hold Harmless by Contractor. Contractor expressly agrees that it will act under this
Contract as an independent contractor in accordance with the terms of this Contract
and to hold County free and harmless from any and all claims, liabilities, losses,
damages, costs and expenses arising from or with respect to any acts of Contractor
which give rise to claims that such acts were committed by or on behalf of Dallas
County, or by or on behalf of Contractor acting in the role of Contractor or otherwise.
D. Approval and acceptance of Contractor's services by County shall not constitute nor be
deemed a release of the responsibility and liability of Contractor for the accuracy and
competency of their services; nor shall such approval and acceptance be deemed to be
an assumption of such responsibility by the County for any defect, error or omission in
the services performed by Contractor in this regard. Contractor shall defend, hold
harmless and indemnify the County for damages resulting from such defects, errors or
omissions.
E. Survival. These provisions shall survive termination, expiration or cancellation of this
Contract or any determination that this Contract or any portion hereof is void, voidable,
invalid or unenforceable.
7.4.4 INSURANCE
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A. Without limiting any of the other obligations or liabilities of the Contractor and each of its
subcontractors, Contractor agrees that it will have and maintain, and will require its
subcontractors to have and maintain, at own expense, in full force and effect minimum
insurance for themselves, including their officers, employees, agents, representatives,
volunteers and subcontractors (collectively, "Contractor") with companies approved by the
State of Texas and satisfactory to County
B. As a condition precedent to commencement of any work, within ten (10) calendar days after
the Effective Date of this Contract, Contractor shall furnish to the Dallas County Director of
Purchasing (at the same address given below under this Insurance heading) the following
minimum insurance coverage that show the County as the certificate holder and covers the
period of the Term of this Contract and any renewals:
1) Statutory Workers' Compensation Insurance that meets the requirements of the Texas
Workers' Compensation Act, Title 5, Subtitle A of the Texas Labor Code, or, if self-insured,
then Contractor must provide to County evidence of a certificate issued by the Workers'
Compensation Commission approving such self-insurance. If Contractor has no employee
(as defined by the Texas Workers' Compensation Act), Contractor shall provide County
with a sworn Affidavit in lieu of a Certificate of Insurance, which Affidavit shall be attached
and incorporated into this Contract by reference for all purposes, and which shall state that
there is no employee. In the event that any work is subcontracted, Contractor shall require
the subcontractors to similarly provide Workers' Compensation Insurance for all of the
subcontractors' employees, unless such employees are afforded protection by the
Contractor. Contractor shall bear the burden of all workers' compensation coverage for all
of its subcontractors and subcontractors' employees who do not have workers'
compensation coverage. Contractor also represents that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with an appropriate insurance carrier, or in the case of self
insurance, with the Texas Workers' Compensation Commission. Providing false or
misleading information may subject Contractor to administrative penalties, criminal
penalties, civil penalties or other civil actions.
Types of Coverage
Workers' Compensation
Employer's Liability
Bodily injury by Accident
Bodily injury by Disease
Bodily injury by Disease
Limits of Liability
Statutory
$500,000.00 Each Accident
$500,000.00 Each Employee
$500,000.00 Policy Limit
2) Professional Liabilitv Insurance or Errors and Omissions Insurance. Contractor shall
indemnify County for damages resulting from defects, errors or omissions and shall secure,
pay for and maintain in full force and effect during the Term of this Contract and any
subsequent extensions hereto and thereafter for an additional five (5) years from the
effective date of cancellation, termination or expiration of this Contract or any subsequent
extensions hereto, sufficient errors and omissions insurance in a minimum amount of Five
Hundred Thousand and 00/100 Dollars ($500,000.00) per occurrence with certificates of
insurance evidencing such coverage to be provided to the County.
3) Commercial General Liability Insurance, including Contractual Liability Insurance.
Contractor shall maintain Commercial General Liability Insurance coverage for the
following: (a) Premises Operations; (b) Independent contractors or consultants; (c)
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Products/Completed operations; (d) Personal injury; (e) Contractual liability; (f) Explosion,
collapse and underground; (g) Broad form property damage, to include fire legal liability.
Such insurance shall carry a limit not less than Five Hundred Thousand and 00/100
($500,000.00) for bodily injury, property damage, and blanket contractual coverage per
occurrence with a general aggregate of Five Hundred Thousand and 00/100 ($500,000.00)
and products and completed operations aggregate of Five Hundred Thousand and 00/100
($500,000.00). There shall not be any policy exclusion or limitations for personal injury,
advertising liability, medical payments, fire damage, legal liability, broad form property
damage, and/or liability for independent contractors and volunteers, or such additional
coverage or increase in limits, including those contained within any bid specifications.
4) Commercial Automobile Liability Insurance. Any liability associated with the operation of a
vehicle by Contractor, its agents or employees, in connection with the performance of
services under this Contract shall not be the responsibility of the County.
C. Contractor agrees that, with respect to the above referenced insurance, all insurance
contracts/policies will contain the following required provisions:
1) Name County, including its elected officers, employees and authorized agents, as
additional insured's (as the interest of each insured may appear) as to all applicable
coverage.
2) This insurance shall not be canceled, limited in scope or coverage or non-renewed until
after thirty (30) calendar days prior written notice, or ten (10) calendar days for non-
payment of premium, has been given by the insurance company to the County.
3) Provide for an endorsement that the "other insurance" clause shall not apply to the County
where the County is an additional insured on the policy.
4) Provide for notice to the County to the person and at the address shown below by certified
mail, return receipt requested, and full postage paid, sent to:
Dallas County Director of Purchasing
Records Building, ff' Floor
509 Main Street, Room 623
Dallas, Texas 75202-5799
5) Contractor agrees to waive subrogation, and each applicable policy of insurance shall state
a waiver of subrogation, against County, including its elected officials, officers, employees,
volunteers, agents and representatives, for injuries, including death, property damage
and/or any other loss.
D. Contractor shall be solely responsible for all cost of any insurance as required here, any and all
deductible or self-insured amount, which in no event shall exceed ten percent (10%) of the
amount insured and in the event that an insurance company should deny coverage.
E. It is the intent of these requirements and provisions that Contractor's insurance covers all cost
and expense so that the County, including its elected officials, officers, employees, volunteers,
agents and representatives will not sustain any expense, cost, liability or financial risk as a
result of the performance of services under this Contract.
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F, Insurance certificates, The certificates of insurance shall list Dallas County as the certificate
holder. Any and all copies of Certificates of Insurance shall reference this Contract for which
the insurance is being supplied, All insurance pOlicies or duly executed certificates for the
same required to be carried by Contractor under this Contract, together with satisfactory
evidence of the payment of the premium thereof, shall be delivered to the Dallas County
Director of Purchasing located at the Dallas County Records Building, 509 Main Street, 6
th
Floor, Dallas, Texas 75202 within ten (10) calendar days of execution and/or renewal of this
Contract and upon renewals and/or material changes of such policies, but not less than fifteen
(15) calendar days prior to the expiration of the term of such coverage, or such non-delivery
shall constitute a default of this Contract subject to immediate termination at County's sole
discretion,
G, All insurance coverage shall be on a per occurrence basis or a per claim basis if Contractor
provides for five (5) year tail coverage, unless specifically approved in writing and executed by
the County's Director of Purchasing and Risk Manager.
H, All insurance required to be carried by Contractor and/or subcontractors under this Contract
shall be acceptable to the County in form and content, in its sole discretion, All policies shall
be issued by an insurance company acceptable and satisfactory to County and authorized to
do business in the State of Texas, Acceptance of or the verification of insurance by County
shall not relieve or decrease the liability of the Contractor.
I, Minimum insurance is a condition precedent to any work performed under this Contract and for
the entire Term of this Contract, including any renewals or extensions, In addition to any and
all other remedies County may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, or such
insurance lapses, is reduced below minimum requirements or is prematurely terminated for
any reason, County shall have the right to:
1) Order Contractor to stop work hereunder, which shall not constitute a Suspension of Work;
2) Withhold any payment(s) which become due to Contractor until Contractor demonstrates
compliance with the requirements and assurance and proof acceptable to County that there
is no liability to County for failure to provide such required insurance;
3) At its sole discretion, declare a material breach of this Contract, which, at County's
discretion, may result in:
a) termination of this Contract;
b) demand on any bond, as applicable;
c) the right of the County to complete this Contract by contracting with the "next low
proposal." Contractor will be fully liable for the difference between the original Contract
price and the actual price paid, which amount is payable to County by Contractor on
demand; or
d) any combination of the above;
4) Any combination of the above,
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J. Approval, disapproval or failure to act by the County regarding any insurance supplied by
Contractor shall not relieve Contractor of full responsibility or liability for damages and
accidents as set forth herein. Neither shall bankruptcy, insolvency or denial of liability by any
insurance company exonerate the Contractor from liability.
K. Acceptance of the services, or failure to act by County shall not constitute nor be deemed a
release of the responsibility and liability of Contractor, its employees, associates, agents or
subcontractors for the accuracy and competency of their services; nor shall such acceptance
be deemed an assumption of responsibility or liability by County for any defect in the services
performed by Contractor, its employees, subcontractors, and agents.
L. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property resulting
from Contractor's or its subcontractor's performance of the work covered under this Contract.
M. Survival. The provisions of this Section shall survive termination or expiration of this Contract
or any determination that this Contract or any portion hereof is void, voidable, invalid or
unenforceable.
N. Insurance Lapse. Pursuant to Section 94.73 of the Dallas County Code, if the Contractor fails
to maintain the insurance required under the Contract continuously at all times during the
period stated in the Contract, or otherwise has a lapse in any of the required insurance
coverage, including workers' compensation coverage, the Contractor shall reimburse the
County for any and all costs, including attorney's fees incurred by the County in curing said
default. In the event of any insurance lapse, the County shall retain five percent (5%) of the
value of the total Contract Sum for a period of six (6) months from the date of the cure of the
insurance lapse or the date the Contract has ended, whichever is later, to cover the County's
potential exposure to liability during the period of the insurance lapse.
In the event that the Contractor does not maintain insurance as required by the Contract, the
Contractor shall immediately cure such lapse at the Contractor's sole cost and expense, and
pay the County in full for all costs and expenses incurred by the County under the Contract as
a result of the Contractor's failure to maintain insurance, including, but not limited to, any and
all costs and reasonable attorney's fees relating to the County's efforts to cure such lapse in
insurance coverage. Such costs and attorney's fees, which shall not exceed One Thousand
Five Hundred and 00/100 Dollars ($1500.00), shall be automatically deducted from monies
owed to the Contractor by the County under the Contract. If the monies owed to the
Contractor under the Contract are less than the amount required to cure the lapse in coverage,
the Contractor shall pay such monies to the County upon written demand. Moreover, upon any
lapse of the required insurance by the Contractor, the County shall immediately retain five
percent (5%) of the total value of the Contract to cover the County's potential exposure to
liability during the period of such insurance lapse. The five percent (5%) retainage shall be
immediately deducted from any monies due to the Contractor by the County under the
Contract and held by the County for a period of six (6) months from the date of the cure of the
insurance lapse or a period of six (6) months from the date the Contract has terminated,
expired, or otherwise ended, whichever is later. If no claims is received by or lawsuits filed
against the County for any applicable matters, accidents or injuries that occurred during the
lapse of insurance, the retainage shall be promptly returned to the Contractor upon written
request. Notwithstanding the foregoing, in the event a claim is received by or lawsuit is filed
against the County for applicable matters, accidents, or injuries that occurred during the
Contractor's insurance lapse, the County shall use the retainage to defend, pay costs of
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defense, or settle any and all such claims, lawsuits, or judgments, with any and all amounts in
excess of the retainage to be paid by the Contractor upon written demand by the County.
7.4.5 Severability
If any provision of this Contract is construed to be illegal or invalid, this will not affect the legality or
validity of any of the other provisions in this Contract. The illegal or invalid provision will be deemed
stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or
invalid provisions had never been incorporated.
7.4.6 Sovereign Immunity
This Contract is expressly made subject to County's Sovereign Immunity, Title 5 of the Texas
Civil Practices and Remedies Code, and all applicable federal and state laws. 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 County has by operation of law. Nothing
in this Contract is intended to benefit any third party beneficiary.
7.4.7 Compliance with Laws
In providing services required by this Contract, Contractor must observe and comply with all
applicable federal, State, and local statutes, ordinances, rules, regulations, grant requirements,
licenses, legal certifications, or inspections required for the Services, facilities, equipment, or
materials. This Contract shall be governed by Texas law and exclusive venue shall lie in Dallas
County, Texas.
7.4.8 Amendments and changes in the Law
No modification, amendment, novation, renewal or other alteration of this Contract shall be effective
unless mutually agreed upon in writing and executed by the parties hereto. Any alteration, addition or
deletion to the terms of this Contract which are required by changes in federal or State law are
automatically incorporated herein without written amendment to this Contract and shall be effective on
the date designated by said law.
7.4. 9 Entire Agreement
This Contract, including all Exhibits and any other attachments, constitutes the entire agreement
between the parties hereto and supersedes any other agreement concerning the subject matter of this
transaction, whether oral or written.
7.4.10 Government Funded Project
If Contract is funded in part by either the State of Texas or the federal government, the Contractor
agrees to timely comply without additional cost or expense to County, unless otherwise specified
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herein, to any statute, rule, regulation, grant, contract provision or other State or federal law, rule,
regulation, or other similar restriction that imposes additional or greater requirements than stated
herein and that is directly applicable to the services rendered under the terms of this Contract.
8.1 Fiscal Funding Clause
Notwithstanding any provisions contained herein, the obligations of the County under this Contract are
expressly contingent upon the availability of funding for each item and obligation contained herein for
the term of the Contract and any extensions thereto. Contractor shall have no right of action against
County in the event County is unable to fulfil its obligations under this Contract as a result of lack 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 is unable to fulfil its obligations under this Contract as a result of lack of sufficient funding, or if
funds become unavailable, County, at its sole discretion, may provide funds from a separate source or
may terminate this Contract by written notice to Contractor at the earliest possible time prior to the end
of its fiscal year.
8.1.1 Prevention of Fraud and Abuse
Contractor shall establish, maintain and utilize internal management proqedures sufficient to provide
for the proper, effective management of all activities funded under this Contract. Any known or
suspected incident of fraud or program abuse involving Contractor's employees or agents shall be
reported immediately by the County to the Office of the Inspector General for appropriate action.
Moreover, Contractor warrants to be not listed on a local, county, State or federal consolidated list of
debarred, suspended and ineligible contractors and grantees. Contractor and County agree that every
person who, as part of their employment, receives, disburses, handles or has access to funds
collected pursuant to this Contract does not participate in accounting or operating functions that would
permit them to conceal accounting records and the misuse of said funds. Contractor shall, upon
notice by County, refund expenditures of the Contractor that are contrary to this Contract and deemed
inappropriate by the County.
8.1.2 Independent Contractor
Contractor, including its agents or employees, is an independent contractor and not an agent, servant,
joint enterpriser, jOint venturer or employee of the County, and is responsible for its own acts,
forbearance, negligence and deeds, and for those of its agents or employees in conjunction wtth the
performance of work covered under this Contract.
8.1.3 Assignment
Contractor assures that it will not transfer or assign its interest in this Contract without prior written
consent of County. Contractor understands that in the event that all or substantially all of Contractor's
assets are acquired by another entity, Contractor is still obligated to fulfill the terms and conditions of
this Contract. County approval to transfer or assign Contractor's interest in this Contract to an entity
that acquires all or substantially all of Contractor's assets is subject to formal approval by the Dallas
County Commissioners Court. In the event of the assignment or sale of Contractor assets, the
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County, at its option, may terminate this Contract and at no cost to the County retain the use of any of
the equipment, software/programlinterface/deliverable and other items provided under this Contract.
Contractor shall deposit all system and application software with an independent escrow agent. In the
event of sale or assignment, County has the right of use of all source codes and at no cost perpetual
license to use all software,
8.1 A Subcontracting
Contractor may not enter into agreements with subcontractors for delivery of the designated services
outlined in this Contract without prior written consent of the County, which consent shall not be
unreasonably withheld, The costs of all subcontracted services are included in the fees paid herein,
Subcontracts, if any, entered into by the Contractor will be in writing and subject to all requirements
herein, Contractor agrees that it will solely be responsible to County for the performance of this
Contract, Contractor shall pay all subcontractors in a timely manner. County shall have the right to
prohibit Contractor from using any subcontractor.
8,1,5 Confidential Information and Ownership
A, Ownership of County Data, All County Data shall remain the property of County, The County
Data shall not be otherwise used, disclosed sold, assigned, leased or provided, or
commercially exploited by or on behalf of Contractor and its personnel, including, without
limitation, employees, officers, agents, subcontractors, invitees, third party vendors, or assigns
(collectively, "Contractor"), to any third party in any respect without County's written consent.
Contractor shall not delete or destroy any County Data or media on which County Data resides
without prior written authorization of County (acting through the County Commissioners Court),
At no cost to County, Contractor shall upon request promptly return to County, in the format
and on the media in use as of the date of the request, any and all requested portion of any
County Data it may possess or control.
B, Contractor shall not disclose privileged or confidential communications or information acquired
in the course of the performance of the services under this Contract, unless authorized by law,
Contractor agrees to safeguard and adhere to all confidentiality, privacy and security
requirements according to this Contract and the applicable federal, State and local rules and
regulations for all information deemed confidential.
C, Confidentiality, "Confidential Information" means information designated as confidential or
which would be recognized as confidential by a reasonable person from its nature and the
circumstances surrounding its disclosure, Confidential Information includes, without limiting
the generality of the foregoing, County Software, County Data, the terms of this Contract, and
information: (1) relating to the Disclosing Party's current or planned software (whether in object
code or source code form) or hardware products or services, technical and non-technical
information, formulae, tools, patterns, compilations, programs, devices, techniques, drawings,
methodologies and processes; (2) relating to Disclosing Party's business, poliCies, strategies,
operations, finances, plans or opportunities, including the identity of, or particulars about, the
County's clients, customers or service providers; or (3) marked or otherwise identified as
confidential, restricted, secret or proprietary, including, without limiting the generality of the
foregoing, information acquired by inspection or oral disclosure provided such information
acquired by inspection or oral disclosure provided such information was identified as
confidential at the time of disclosure or inspection,
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D. Exceptions. Notwithstanding the foregoing, Confidential Information does not include
information that the Receiving Party can establish: (1) has become generally available to the
public or commonly known in either Party's business other than as a result of a breach by the
Receiving Party of any obligation to the Disclosing Party; (2) was known to the Receiving Party
prior to disclosure to the Receiving Party by the Disclosing Party by reason other than having
been previously disclosed in confidence to the Receiving Party; (3) was disclosed to the
Receiving Party on a non-confidential basis by a third party who did not owe an obligation of
confidence to the Disclosing Party with respect to the disclosed information; (4) was
independently developed by the Receiving Party without any recourse to any part of the
Confidential Information; or (5) in the case of County, any information related to the services
which County has publicly disclosed in connection with this Contract, including, without
limitation, information of an operational, technical or financial nature related to County.
E. Use of Confidential Information. During the term of this Contract, the Receiving Party may: (1)
disclose Confidential Information received from the Disclosing Party only to its employees,
agents, officers, directors, attorneys, and subcontractors who have a need to know such
information exclusively for the purpose of performing pursuant to this Contract and who have
executed a nondisclosure agreement containing provisions no less restrictive than those
contained herein, who are subject to other equivalent means to ensure confidentiality; (2)
reproduce the Confidential Information received from the Disclosing Party only as required to
perform pursuant to this Contract; and (3) disclose Confidential Information as required by law,
provided the Receiving Party gives the Disclosing Party prompt notice prior to such disclosure
to allow the Disclosing Party to make a reasonable effort to obtain a protective order or
otherwise protect the confidentiality of such information. Except as otherwise specifically
provided in this Contract, the Receiving Party shall not during the term and after expiration or
earlier termination of this Contract: (1) disclose, in whole or in part, any Confidential
Information received directly or indirectly from the Disclosing Party; or (2) sell, rent, lease,
transfer, encumber, pledge, reproduce, publish, market, transmit, translate, modify, reverse
engineer, compile, disassemble or otherwise use the Confidential Information in whole or in
part.
F. Care. The Receiving Party shall exercise the same care in preventing unauthorized disclosure
or use of the Confidential Information that it takes to protect its own information of a similar
nature, but in no event less than reasonable care.
G. Return of Confidential Information. Immediately upon the DisclOSing Party's request, and at
the expiration or earlier termination of this Contract or any other applicable renewal or
extension hereto, the Receiving Party shall return or destroy all materials containing
Confidential Information, including without limitation, all originals, copies, reproductions and
summaries, and all copies of Confidential Information present on magnetic media, optical disk,
volatile memory or other storage device, in a manner that assures the Confidential Information
is rendered unrecoverable.
H. Notwithstanding the foregoing, County agrees, to the extent permitted by the Public
I nformation Act, to keep confidential (and store in a secure area with limited access) and will
not copy, publish, sell, exchange, disclose, or provide to others or use any information,
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documents or data, provided to or disclosed to County, or any information related to this
Contract, including, but not limited to, any exhibit, attachment, amendment, addendum, or
other incorporated document, for any purposes other than performing County's obligations
under this Contract, unless prior written notification is given by County that such specified item
will be released under the Public Information Act.
I. Confidential or Proprietary Marking. Any information or documents the Contractor uses in the
performance of the services provided under this Contract that Contractor considers confidential
or proprietary or that contains trade secrets must be clearly marked accordingly. This marking
must be explicit as to the designated information. The designation, however, may not
necessarily guarantee the non-release of the documents or information under the Texas Public
Information Act or otherwise required by law
J. County Software. County shall identify the County Software, if any, that Contractor is
authorized to use to perform the services pursuant to this Contract and specify the rights of
Contractor to use the County Software for the benefit of the County.
K. Contractor Software. Contractor shall identify any Contractor Software that will be used to
provide the services under this Contract. Without the fully informed written consent of the
County (acting through the County Commissioners Court, County Commissioners Court
Administrator, or County Contract Manager), Contractor shall not use in performing the
services pursuant to this Contract any Contractor Software that is not commerCially available to
County. Contractor shall install, operate and maintain, at its expense, any Contractor Software
needed to provide the services pursuant to this Contract. Contractor hereby grants to County,
its contractors and subcontractors, to the extent necessary or desirable for County or such
contractors and subcontractors to perform the services pursuant to this Contract, a worldwide,
perpetual, royalty-free, nonexclusive license to use and modify Contractor Software for the sole
and exclusive benefit of County. Except for the foregoing license, Contractor shall retain all
right, title and interest in and to the Contractor Software.
L. Use of Concepts. Nothing in this Contract shall restrict a party from the use of any ideas,
concepts, know-how, methods or techniques that such party, individually or jointly, develops or
discloses under this Contract or obtains from third parties, except to the extent that such use
infringes the other party's patent rights, copyrights or other intellectual property rights or
involves a disclosure or use of the other party's Confidential Information.
M. Security. To the extent Contractor has access to County facilities and systems, Contractor will
comply with the security procedures that are in effect during the Term of this Contract for the
security of County's facilities and County Data. In the event that Contractor personnel may
have the ability to defeat systems security provisions on devices containing related and
unrelated confidential information or data, Contractor covenants that it shall not access such
County data or information or assert waiver of these confidentiality requirements by virtue of
Contractor's access.
N. County Ownership of Work Product and Intellectual Property. Contractor agrees that any and
all work, including, but not limited to, any and all analyses, evaluations, reports, memoranda,
letters, ideas, formulae, processes, methodologies, tools, patterns, compilations, programs,
devices, techniques, drawings, software, hardware, firmware, books, manuals, and films that
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are developed, prepared, conceived, made or suggested by Contractor for County pursuant to
this Contract, including all such developments, enhancements, and modifications that are
originated or conceived during the term of this Contract and are completed and reduced to
writing or any other tangible form thereafter (hereinafter, the "Work Product") is and shall
remain the exclusive property of County. Contractor further agrees that all Work Product that
results or could result in the production of intellectual property, including, but not limited to,
original computer programs, computer software, books, manuals, films or other original
materials (hereinafter, the "Intellectual Property") is and shall remain the exclusive property of
County. All rights, title, and interests in and to said property shall vest in County upon creation
or upon creation in a fixed form. Any rights, titie, and/or ownership interests, including patents
and copyrights, that the Contractor, any subcontractors, or any other workers may hold in the
Work Product, any other tangible media embodying the Work Product, or the Intellectual
Property is hereby irrevocably assigned to County.
O. Work for Hire. To the fullest extent allowed by law, all work made or performed under this
Contract shall be considered to be a "work made for hire" under the copyright laws. County
shall have the right to obtain and hold in its own name any and all patents, copyrights,
trademarks, service marks, certification marks, collective marks, registrations, or such other
protection as may be appropriate to the Work Product and/or Intellectual Property, and any
extensions or renewals thereof. To the extent that any rights, title and/or interests to any such
work may not, by operation of law, vest in County or such work may not be considered a "work
made for hire" under applicable law, Contractor hereby irrevocably assigns to County any and
all of Contractor's rights, title and interests in and to said property. Contractor shall ensure that
all rights, title and interests in and to said property are secured to County from Contractor and
its subcontractors. Contractor agrees to give County, and agrees to require its subcontractors
to give to County, or any person designated by County, all assistance required to perfect the
rights, title, and interests defined in this provision, without any charge or expense beyond those
amounts payable to Contractor for the services rendered pursuant to this Contract. Contractor
shall execute any documents and take any other actions reasonably requested by County to
accomplish the purposes of this provision. If, for any reason, County fails to obtain ownership
of the Work Product and/or Intellectual Property and such ownership is vested in the
Contractor, its employees or agents, Contractor agrees to (1) promptly and legally transfer
such Work Product and Intellectual Property to County wherever possible and (2) wherever not
pOSSible, promptly grant to County a perpetual, exclusive, royalty-free and irrevocable license
to use the Work Product and Intellectual Property for any purpose, and to assign and
sublicense its license rights. In the event Contractor, for any reason, shall have or claim any
rights, titie, and/or interests in or to said property, County reserves a royalty-free, nonexclusive,
and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use,
for County purposes: (1) the copyright in any work developed under this Contract; and (2) any
rights of copyright to which the Contractor, or its subcontractors, purchases ownership under
this Contract.
P. Survival. The provisions of this Section shall survive termination or expiration of this Contract
or any determination that this contract or any portion hereof is void, voidable, invalid or
unenforceable.
8.1.5 Assurances
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A. Contractor agrees to establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of
interest or personal gain.
B. Contractor assures that neither it nor its employees, volunteers, agents or officers shall receive
personal benefits, commission, consideration, or gains in performance of the services outlined
in this Contract. Furthermore, Contractor agrees to disclose prior to commencement of a
particular assignment any materiallfinancial interests that it or a third party may have in the
services required under this Contract.
C. No-Discrimination. This Contract is subject to applicable federal and state laws and executive
orders, including the Fair Labor Standards Act of 1938, relating to equal opportunity and
nondiscrimination in employment. Neither Contractor nor its agents or subcontractors shall
discriminate in their employment practices against any person by reason of disability, age,
race, creed, national origin, color, religion, sex, political affiliation, or veteran status. In addition
Contractor assures that no person will, on the grounds of disability, age, race, creed, national
origin, color, religion, sex, political affiliation, or veteran status, be excluded from, be denied the
benefit of or be subjected to discrimination under any program or activity funded in whole or in
part under this Contract. Contractor agrees to comply, and to cause its agents and
subcontractors to comply, with the provisions of said laws and orders to the extent any such
laws and orders are applicable in the performance of this Contract.
D. Personnel.
1 ) Personnel Qualifications. Contractor warrants that all personnel it uses under this Contract
(the "Contractor Personnel") shall be: employees of Contractor or, if applicable,
Contractor's subcontractor(s), fully qualified and licensed to perform the tasks assigned
them, and in compliance with all applicable immigration laws. Contractor shall identify to
County all third party contractors and subcontractors, and their roles and responsibilities,
upon request. Contractor shall be solely responsible for payment of all wages, benefits,
worker's compensation, disability benefits, unemployment insurance, as well as for
withholding any required taxes for all Contractor Personnel in accordance with applicable
federal, state, and local law. Contractor agrees to provide County with information
regarding individual Contractor Personnel or proposed Contractor Personnel as County
may reasonably request.
2) Personnel Cooperation. Each party recognizes the importance of cooperation among their
respective employees, and each party will use commerCially reasonable efforts to ensure
positive working relationships between the parties so as to ensure timely completion of
their respective tasks.
3) Replacement or Removal of Contractor Personnel.
a) County Initiated Request of Removal of Contractor Personnel. County may, upon a
written notice to the Contractor or the person signing this Contract, require Contractor
to remove an individual immediately from providing Services for the following reasons:
violation of the terms and conditions of this Contract; violation of County's work rules
and regulations; criminal activity; violation of state, federal, or municipal statutes; and
engagement by said individual in activities that could be detrimental to County or
County personnel. Contractor shall replace the removed individual with another
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Contractor Personnel as appropriate.
b) Replacement of Contractor Personnel. Contractor shall have the right to make
reasonable and necessary changes to the list of Personnel in order to accomplish the
purposes of this Contract upon immediate written notice to the County Chief
Information Officer (CIO). Any changes in the Personnel shall be made utilizing
persons of similar background, experience and credentials and shall be for the benefit
of County. Contractor shall not be required to obtain County's prior approval of
temporary changes due to vacation or illness of Personnel, but must provide immediate
written notice to the County (CIO). If the temporary change in Personnel is for a period
to exceed thirty (30) business days, Contractor shall be obligated to seek the County's
approval, which will not be unreasonably withheld.
E. Contractor assures that funds received pursuant to this Contract will not be used for lobbying
the Texas legislature or any governmental agency in connection with a particular contract.
F. Contractor shall pay all subcontractors in a timely manner. County shall have no liability to any
subcontractors in the event Contractor does not payor delays payment to any subcontractors.
At termination or expiration of this Contract, Contractor shall deliver to County an affidavit of all
bills paid. Final payment shall be contingent upon receipt of such affidavits as resolution of all
accounting for which County is or may be liable under this Contract.
G. Under Section 231.006, Texas Family Code, Contractor certifies to County that the owner(s) of
at least a 25% interest in the organization is not delinquent in any child support obligation that
renders him/her ineligible to receive payment under the terms of this Contract. Contractor
hereby acknowledges that this Contract may be terminated and payment may be withheld if
this Certification is inaccurate.
H. Contractor certifies that neither it nor any of its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this
Contract by any Federal department or agency.
I. Contractor assures that it shall not receive personal benefits or gains in performance of the
services outlined in this Contract. Furthermore, Contractor agrees to disclose prior to
commencement of a particular assignment any material/financial interests that it or a third party
may have in the services required under this Contract.
J. Best Efforts to Minimize Costs to County. Contractor shall use its best efforts to complete each
assigned task in as economical a manner as possible and to minimize any charges incurred in
connection therewith to the maximum extent possible, consistent with Contractor's other
obligations under this Contract.
K. Failure to comply with any of these assurances or any other requirements specified within this
Contract will put Contractor in default and/or breach of this Contract and may result, at the sole
discretion of County, in the disallowance of funds and the withholding of future awards, in
addition to any other remedies permitted by law.
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Govern ment App Store
l. Governmental Consent. Contractor warrants that no consent, approval, or withholding of
objection is required from any governmental authority with respect to the entering into or the
performance of this Contract.
M. Corporate Good Standing. Contractor represents and warrants that it: (1) is a corporation duly
incorporated, validly existing and in good standing; (2) has all requisite corporate power and
authority to execute, deliver and perform its obligations hereunder; (3) is duly licensed,
authorized or qualified to do business and is in good standing in every jurisdiction in which a
license, authorization or qualification is required for the ownership or leasing of its assets or the
transaction of business of the character transacted by it except when the failure to be so
licensed, authorized or qualified would not have a material adverse effect on Contractor's
ability to fulfill its obligations hereunder.
N. Illicit Code. Contractor warrants that (a) unless authorized in writing by County, or (b)
necessary to perform valid duties under this Contract, any programs developed by Contractor
personnel under this Contract or provided to County by Contractor for use by Contractor or
County shall, when delivered and installed by Contractor: (i) contain no hidden files; (ii) not
replicate, transmit, or activate itself without control of a person operating computing equipment
on which it resides; (iii) not alter, damage, or erase any data or computer programs without
control of a person operating the computing equipment on which it resides; (iv) contain no key,
node lock, time-out or other function, whether implemented by electronic, mechanical, or other
means, which restricts or may restrict use or access to any programs or data. Provided and to
the extent any program has any of the foregoing attributes, and notwithstanding any other
provision of this Contract to the contrary, Contractor must remove any such Illicit Code from
the Licensed Software immediately upon request of County. With respect to any disabling
code that may be part of the software, Contractor shall not invoke such disabling code at any
time for any reason. If, at any time, the licensor of any third party software shall invoke or
threaten to invoke any disabling code in any third party software licensed to Contractor which
could adversely affect the services provided under this Contract, Contractor shall use its
reasonable efforts to preclude such action on the part of such licensor.
8.1.6 Contractor Warranties
No Actions, Suits, or Proceedings. Contractor warrants that there are no actions, suits, or
proceedings, pending or threatened, that will have a material adverse effect on Contractor's
ability to fulfill its obligations under this Contract. Contractor further warrants that it will notify
County immediately if Contractor becomes aware of any action, suit, or proceeding, pending or
threatened, which will have a material adverse effect of Contractor's ability to fulfill the
obligations under this Contract.
Warranty of Contractor's Capability. Contractor warrants that it is finanCially capable of fulfilling all
requirements of this Contract and that Contractor is a validly organized entity that has the
authority to enter into this Contract. Contractor warrants that it is not prohibited by any loan,
contract, financing arrangement, trade covenant, or similar restriction from entering into this
Contract.
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Professional Quality. Contractor warrants to County that all materials and services will be of
professional quality conforming to generally accepted practices, and that all services provided
under this Contract will be performed in a manner consistent with that degree of care,
qualification and skill ordinarily exercised by members of the same profession currently
practicing under similar circumstances. If there are no applicable or recognized professional
standards in the applicable area or areas of expertise required to perform such services, then
Contractor will perform all services in a good and professional manner that 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 extends for ninety (90) business days past termination or expiration of
this Contract. 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.
8.1.7 Transition Services
Upon notice of termination and/or expiration of this Contract, the County shall immediately have the
right to audit any and all records of Contractor relating to this Contract. Moreover, upon termination
and/or expiration date of this Contract, Contractor agrees to transition the services provided herein in
a cooperative manner and provide anything requested from the County at no additional cost, including,
but not limited to the following, upon date of termination and/or expiration: (i) All Contract and services
documentation identified in a complete, neat and orderly manner; and (ii) Good faith pledge to
cooperate with County upon transition of services to another contractor or County department
providing the same or similar services; and (iii) Final accounting of all income from the Contract; and
(iv) Downloading and removal of all County information from the Contractor's equipment and software;
and (v) Removal of Contractor services without affecting the integrity of County's systems; and (vi) All
Records and County property. This provision shall survive Contract termination. Contractor agrees to
allow County to continue to utilize all Contractor's software/third-party software until such time as
County has completed processing all services begun within Term of Contract, or any extension
thereto.
8.1.8 Tax
Dallas County, as a county of the State of Texas, is exempted from the payment of Texas state and
local sales, excise, and use taxes pursuant to Tex. Loc. Gov't Code 151.309, and shall therefore not
be liable or responsible to the Contractor for the payment of such taxes under this Contract.
The fees paid to Contractor pursuant to this Contract are inclusive of any applicable sales, use,
personal property or other taxes attributable to periods on or after the applicable effective date of this
Contract and based upon or measured by Contractor's cost in acquiring or providing products and/or
services and related materials and supplies furnished or used by Contractor in performing its
obligations hereunder, including all personal property and use taxes, if any, due on equipment or
software owned by Contractor.
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Contractor accepts full and exclusive liability for the payment of any and all contributions or taxes for
Social Security, Workers' Compensation Insurance, Unemployment Insurance, or Retirement Benefits,
Pensions, or annuities now or hereafter imposed under any state or federal laws which are measured
by the wages, salaries, or other remuneration pay to persons employed by Contractor for work
performed under the terms of this Contract and agrees to indemnify and save harmless the County
from any such contribution or taxes or liability.
8.8.9 Signatory Warranty
COUNTY:
BY: Clay Lewis Jenkins
Dallas County Judge
DATE: ______________________ __
Recommended:
BY: John F. Warren, County Clerk
* Approved as to Form:
CRAIG WATKINS
DISTRICT ATTORNEY
BY: Denika Caruthers
Civil Division
CONTRACTOR:
BY:
DATE: ____________________ __
28 of 28
DALLAS COUNTY 198
OFFICE OF BUDGET ANDEV ALUATION
September 26, 2013
( ~
THROUGH: Ryan Brown, Budget O ~
FROM: Office of Budget and Evaluation Staff
SUBJECT: Conference/Travelrrraining Requests
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The following departments have requested approval for Conference/Travel/Training. The
requested amounts listed are estimates. All reimbursements for hotel and meals are reimbursed
according to Dallas County policy with receipts. Mileage reimbursements are reimbursed at the
approved rate at the time of travel. Additional documentation is available for further reference.
Elected Officials/Departments notifving Commissioners Court of
Conference/Travel/Training fund requests that do not require Commissioners Court
approval under State Statues
NO REQUEST SUBMITTED
Elected Officials/Departments requesting Confel"ence/TraveI/Training approval for funds
that have Commissioners Court authority
OFFICE OF INFORMATION TECHNOLOGY - reqnests approval for Wayne Henderson
and Adeeb Hyder to attend the Dallas - Fort Worth Digital Government Summit in Arlington,
Texas on October 7, 2013. Benefits of the summit include: 1) training; 2) information on
technology trends within Government; 3) networking with other Texas Counties on how they are
utilizing technology to increase efficiency. There is no cost to attend.
COUNTY CLERK - Re-brief to change from Anthony Oliver to Isaac Hines attending the
conference. Originally Briefed - August 27, 2013 - requests approval for John Warren, Mr. Ed
Bailey, Anthony Oliver, and Yolanda Craig to attend the Urban Recorders Alliance Conference
in San Marcos, Texas on September 25-27,2013. The total estimated cost to attend is $2,433-
($1,463 - hotel, $175 -registration, $255 - mileage, $420 - meals, and $120
411 Elm Street" 3rd FloOf, Dallas Texas 75202-3340
(214) 653-6363 Fax (214) 653-65l7. rlwatkins(ij:dallascounty.org
199
- Parking). Funding is available in the Records Management Fnnd.
ELECTIONS - requests approval for the following:
a) Robert Heard to attend the 16
th
Biennial Election Law Seminar in Austin, Texas from
October 3-4, 2013. A county gas card will be used. The total estimated cost to attend is
$478 ($180- rental car, $150 - food, $53 - taxi, $35 - registration fees, and $60 - gas).
Funding is available in the Elections Escrow - 1210-94036.
b) Debra Parker to attend the 16th Biennial Election Law Seminar in Austin, Texas from
October 3-4, 2013. The total estimated cost to attend is $20 for food. Funding is
available in the Elections Escrow - 1210-94036.
c) Laura Granado and Lynn Coumpy to attend the TAEA Mid-Winter Conference in
Horseshoe Bay, Texas from January 7-11, 2014. The total estimated cost to attend is
$1,292 ($942 -- hotel and $350 - food). Funding is available in the Elections Escrow-
1210-94036.
d) Tandi Smith and Jana On yon to attend the TAEA Mid-Winter Conference in Horseshoe
Bay, Texas from January 7-11,2014. The total estimated cost to attend is $1,292 ($942-
hotel and $350 - food). Funding is available in the Elections Escrow - 1210-94036.
e) Rivelino Lopez, Toni Pippins-Poole and Robert Heard to attend the T AEA Mid-Winter
Conference in Horseshoe Bay, Texas from January 7-11, 2014. A county vehicle will be
used for transportation with gas credit card. The total estimated cost to attend is $2,137
($1,412 - hotel $200 - gas, and $350- food). Funding is available in the Elections
Escrow - 1210-94036.
JUSTICE OF THE PEACE 3-3- requests approval for Judge Sandra Ellis to attend the Texas
Justice Court Training Center in San Antonio, Texas from March 23-26, 2014. The total
estimated cost to attend is $570 ($250 - airfare, $115 - hotel, $100 - registration and $105 -
food). Funding is available in the department's DDA (4833.2230).
PUBLIC WORKS - requests approval for John Mears to attend the 2013 TACERA Conference
from October 22 - 24,2013. The total estimated cost to attend is $600 ($85 - registration fee,
$250 - hotel, $90 - food, and $175 airfare). Funding is available within budget.
OPERATIONS-RECORDS MANAGEMENT - requests approval for Donna Henson to attend
the E-Records Conference 2013 in Austin, Texas on October 21,2013. The total estimated cost
to attend is $345 ($260 - mileage, $35 - food, and $50 -registration). Funding is required from
Unallocated Reserves.
VETERANS SERVICES - requests mileage reimbursement for Tracy Little, J ames Henderson,
and Yolanda Williams attendance at the Texas Veterans Commission 66
th
Annual Statewide Fall
Training Conference in Dallas, Texas from September 16 - 20, 2013. The total estimated request
for mileage is $135. Funding is required from Unallocated Reserves.
Notifving Commissioners Court of ConferenceffPavel/Training funds used by Grant
Programs
JUVENILE DEPARTMENT - requests approval for the following:
a) Daniel R. Neustifter to conduct thefollowing site reviews:
a. Unlimited Visions Aftercare located at 907 Preston, Pasadena, TX 77503, on
Tuesday, October 22, 2013, and returning on Wednesday, October 23, 2013. The
total estimated cost is $304 ($110 - hotel, $72 - food, and $122 - county vehicle
fuel). Funding is available in funding source (466.4010.7108.2014).
b. Victoria located at 97 Foster Field Drive, Victoria, TX 77904; and Rockdale
Juvenile Justice Center located at 696 N. FM 487, Rockdale, TX 76567, on
Wednesday, October 2, 2013, and returning on Thursday, October 3, 2013. The total
estimated cost is $322 ($110 - hotel; $72 - food; $140 - County Vehicle Fuel).
Funding is available in funding source (466.4010.7108.2014).
b) Kristen S. McDowell and De' Andrea R. Smith to conduct site reviews
a. Lutheran Social Services of the South located at 650 Scarborough Drive, Canyon
Lake, TX 78133; and Seton Home located at 1115 Mission Road, San Antonio, TX
78210 on Monday, December 2, 2013, and returning on Thursday, December 5,
2013. The total estimated cost is $843 ($287- hotel; $216 - food; $140 - rental car;
and $200 - rental car fuel). Funding is available in funding source
(466.4010.7108.2014).
b. Shamar Hope Haven located at 2913 Wheeler Street, Houston, TX 77004; and
Houston Serenity Place located at 6509 Morrow, Houston, TX 77091, on
Wednesday, October 16, 2013, and returning on Friday, October 18, 2013. The total
estimated cost is $584 ($440 - hotel, and $144 - food). Funding is available in
funding source (466.4010.7108.2014).
c) Rosalynn R. Blackman to conduct a site review at the Center for Success located at 3722
Pinemont Drive, Houston, TX 77018, on Monday, October 21, 2013, and returning on
Wednesday, October 23, 2013. The total estimated cost is $579 ($236 - hotel, $108 - food,
$105 rental car; $130 - rental car fuel). Funding is available in funding source
(466.4010.7108.2014 ).
d) Rosalynn Blackman from the Dallas County Juvenile Department to attend the Title IV-E
Overview, Eligibility and Timelines and Title IV-E Case Plan Workshop. The Title IV-E
Overview, Eligibility and Timelines and Title IV -E Case Plan Workshop will be conducted
at the Texas Juvenile Justice Department located at 11209 Metric Boulevard, Austin, TX
78758, on Wednesday, October 23, 2013, and returning on Friday, October 25, 2013. The
total estimated cost is $566 ($253 - hotel; $108 - food; $105 - rental car; $100 - rental car
fuel). Funding is available in funding source (120.5110.2460.0000).
e) Virginia L. Ward an Investigation at Rockdale Regional Juvenile Justice Center located at
696 N. FM 487, Rockdale, TX 76567 on Tuesday, September 24, 2013, and returning on
Wednesday, September 25, 2013. The total estimated cost is $427 ($110 - hotel; $72 - food;
$105 - rental car; and $140 - rental car2fti11). Funding is available in funding source
(120.5110.4010.0000).
f) De' Andrea R. Smith to attend the Title IV -E Foster Care Program Training. The Title IV-E
Foster Care Program Training will be conducted at the Texas Juvenile Justice Department
located at 11209 Metric Boulevard, Austin, TX 78758, on Wednesday, October 23, 2013,
and returning on Friday, October 25, 2013. The total estimated cost is $501.94 ($204.94-
Hotel; $72.00 - Food; $105.00 - Rental Car; $120.00 - Rental Car Fuel). Funding is
available in funding source (120.5110.2460.0000).
SHERIFF - requests approval for Mickey Tolbert and Mark Collins to attend the 2013 Texas
Association of Vehicle Theft Investigators (T A VTI) Training Seminar in Houston, Texas from
October 13-18, 2013. The total estimated cost to attend is $2,140 ($1,250 - hotel, $390 - food, $350
- registration fee, and $150 - parking). A county vehicle will be used. Funding is available in the
North Texas Auto Theft Task Force grant #5600.
HEALTH AND HUMAN SERVICES -- requests approval for the following:
a) LaTasha Gadberry requests approval to attend the OSSF- Designated Representative Course
in Mesquite, Texas from October 8-11, 2013. The total cost to attend is $650 ($113 -
mileage, $111- TCEQ Licensing Fee, and $425- OSSF - Designated Representative Course)
Funding is available in Environmental Health - #5211.
b) Robert Baxter and Venus Dukes requests approval to travel in outline counties for lost to
care/linking HIV Positive clients back into HIV medical care from September 1, 2013 -
August 31, 2014. The total cost associated with this activity for the year is $10,000 for
mileage reimbursement. Funding is available in the HIV Prevention Plan grant #8704.
c) Maurice Murray requests approval to attend the Texas A &M Commerce Health Screening in
Commerce, Texas on October 2,2013. There is no cost to Dallas County for staff to attend.
Activity is related to grant #8736-SAMH - Prevention.
d) Carlos Branch and Julia Ritch requests approval to attend the Texas A &M Commerce
Health Screening in Commerce, Texas on October 2, 2013. The total cost to attend is $80
for mileage. Funding is available in grant #8706 - VD Epidemiology.
202
DALLAS COUNTY
OFFICE OF BUDGET AND EVALUATION
September 26, 2013
TO:
THROUGH:
FROM:
SUBJECT:
Background
Commissioners Court
Ryan Brown, Budget O f ~
Ronica L. Watkins, Assistant Budget Officer
Public Defender Wrongful Conviction Program Grant Award Notification
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The Department of Justice - Office of Justice Programs has notified the Dallas County Public
Defender's Office of a grant award for their Post-Conviction Actual Innocence Claims Project.
The purpose of the briefing is to notify Commissioners Court of the Dallas County Public
Defender's Department award notification.
Operational Impact
The purpose of the Wrongful Conviction Review Program is to provide high quality and efficient
representation for potentially wrongfully convicted defendants in post-conviction claims of
innocence. The program focuses on activities to ensure that legal representation is available for
individuals who may have been wrongfully convicted and that investigations are conducted to
find an actual perpetrator of that crime.
Financial Impact
The grant award is for a grant in the amount ofj250.000. with no cash match. The breakdown of
the budget includes: personnel- $108,745, benefits - $12,670, travel -$1,058, contractual -
$126,567, and supplies - $960. The project period is from October 1, 2013 - September 30,
2014.
Recommendation
The Office of Budget and Evaluation recommends that Commissioners Court approves the
Public Defender's grant award from the Department of Justice - Office of Justice Programs and
authorize the County Judge to sign all related documents. The amount of the grant award is
$250,000 with no cash match. The project period is from October 1, 2013 September 30, 2014.
411 Elm Street - 3rd Floor, Dal1as Texas 75202-3340
(214) 653-6363' Fax (214) 653-6517' rlwatkins@dallascounty.org
Office of the Assistanl Attorney General
September 5,2013
The Honorable Clay L Jenkins
Dallas County Public Defender's Office
1330 N. RiYerfront Boulevard
L,B, 9th Floor
Dallas. TX 75207-4313
Dear Judge Jenkins:
203
Department of Justice
Office of Justice Programs
WI1,\'hin[;llJn, D C 2053!
On behalf of Attorney General Eric l-lolder. it is my pleasure to inform you thaI the Office of Justice Programs has approved
your application for funding under the FY 13 Wrongful Conviction Review Program in the amount of S2S(),OOO for Dallas
County Public Defender's Office,
Enclosed you will fmd tbe Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission ofal! financial and programmatic reports, resolution ora!! interim
audit rindings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of tbis agreement and the award will be subject to termination for cause or other administrative
action as appropriate
If you have questions regarding this award, please contact:
Program Questions, Kerri Vitalo Logan, Program Manager at (202) 353-9074; and
Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (esC) at
(800) 458-0786, or you may contact the esc at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with YOl!o
Sincerely,
Karol Virginia Mason
Assistant AHorney General
Enclosures
September 5. 2013
The Honorable Clay L. Jenkins
1330 N. Riverfront Boulevard
LB. 9th Floor
Dallas, TX 75207-4313
Dear Judge Jenkins:
204
Office for Civil Rights
Wasnmf,/(m, D.C l0531
Congratulations on your recent award. In eswblishing fmancial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights iaws. The OffIce for Civil Rights (OCR), Office of Justice (OJP), U.S. Department of Justice
is responsible for ensuring thai recipients of financial aid from OJ?, its component offices and bureaus, the Office on Violence Against
Women (OYW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available \0 help you and your orgamzation meet the civil rights requiremenls that come with Justice
Department funding.
Ensuring Access to Federally Assisled l)"ograms
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disi1bility in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities From discriminating on the basis of age in the delivcl)' of services or
benefits.
Providing Services to Limited English I)roficiency (LEP) Individuals
1n accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningfLd access to their programs and activities for persons with limited
English proficiency (LEP), For more infonmltion on the civil rights responsibilities that recipients have in providing language services to
LEP individl!ais, please see the website nt htip://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation spe.cirically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administrat.ion decisions on the basis of an organization's religious character or affiliation. religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inheren1!y
religious activities. While faith-based organizations can engage in non-runded inherently religious activities, thcy l11usl be held separately
from the Department of Justice f-i.mded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear tha1 organizations participilling in programs funded by the Department ofJlls!ice are not permitted to
discriminate in the provision of services on the basis of a beneficiary'S religion. For more information on the reguintion, please see OCR's
website at http://www.ojp.usdoj.goviocrietfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Slreets Act, as amended: the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination On the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department bas concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, 10 require that its funding agencies permit faith-ba.<;ed
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program ge!1erally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
205
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amolmt of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints fyom both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for complimlce reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segment5 of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U .S.C. 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(l) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEG?), 28 C.F.R. 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. 42.205(5) m ] 1.202(5)).
1) Meeting the EEOP Requirement
!n accordance with Federal regulations, Assurance NO.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEor reporting requirements:
if your organization has received an award for $500,000 or more and has SO or more employees (counting both fu!l- and part-time
employees but excluding political appointees), then it has to prepare an [EOP and submit it to OCR for review within 60 days from lhe
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $2S,OOO and $SOO,OOO and has SO or more employees, your organizalion still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found al. hltp:!lwww.ojp.tlsdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than SO employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A oflhe Certification Form and
return it to OCR. The CcrtifiCiltion Form can be found al http://www.oJp.usdoj.gov/ocr/ecop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or Slate court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding 10 OCR for review.
Ensuring the Compliance of Subrecipients
!fyour organization makes subawards to other agencies, yon are responsible for assuring that subreeipients also comply with al! of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reponing Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipicnts.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http://www.ojp.llSdoj.gov/ocr/
cc: Grant Manager
Financiai Analyst
Sincerely,
Michael L Alston
Director
September 5, 20[3
The Honorable Clay L. .lcnkins
1330 N. Riverfl"Onl Boulevard
LB. 9th Floor
Dallas, TX 75207 -4313
Reference Grant Number: 20
Dear Judge Jenkins:
Department of .Justice
206
Office of the Chief Financial Officer
Washington, D.C. 20531
I am pleased to inform you thai my office has approved the following budget catcgOlies for the aforementioned grant award in
the cosl categories identified below:
Category
Budget
Personnel 1108,745
Fringe Benefits $]2,670
Travel 51,058
Equipment $0
Supplies S960
Construction $0
ContraclUal S126,567
Other $0
Total Direct Cost S250,OOO
Indirect Cost SO
Total Project Cost S250,000
Federal Funds Approved: 5250,000
Non-Federal Share:
$0
Program Income: 10
1 Malch is not required for this grant program.
2, All individual consultant fees in excess of$450 per 8 hour day require prior approval ofOJP.
207
If you have questions regarding this award, please contact:
- Program Questions, Kerri Vitalo Logan, Program Manager at (202) 353-9074
- Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC)
at (800) 458-0786, or you may contact the esc at ask.ocfo@usdoj,gov.
Congratulations. and we look forward to working with you.
Sincerely,
Leigh Benda
Chief Financial Officer
208
Bureau qf Justice Assistance
WuShlrlglfHl, f) C. 2()531
Memorandum To: Official Grant File
From:
Orbin Terry, NEPA Coordinator
Subject:
Categorical Exclusion for Dallas County Public Defender's Office
The purpose of the Vlrongful Conviction Review Program is to provide high quality and efficient representation for
pOl"cntially wrongfully convicted defendants in post-conviction claims of innocence. Activities that will take are
legal. representation to individuals who may have been wrongfully convicted and investigations to find an actual
perpetrator of the crime.
None ofihe following activities will be conducted whether under the Office of Justice Programs federal action or a
related third party action:
1) New construction.
2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located
within a lOO-year flood pJain, a wetland, or habitat- for an endangered species.
3) A renovation that will change the basic prior use of a facili1y or significantly change its size.
4) Research and lechnology whose anticipated and future application could be expected to have an effect on the
environment.
5) Implementation of a program involving the use of chemicals,
Additionally, the proposed action is neither a phase nor a segment of a project that when reviewed in its entirety
would not meet the criteria for a categorical exclusioll.
Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion
as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations.
209
October 1,2013
MISCELLANEOUS
1) PLANNING & DEVELOPMENT - requests approval for a 45-day contract
extension to Alaniz Complete Service for the demolition and reconstruction project
located at 305 Adams, Balch Wilmer, Texas (Bid No. 2013-028-6264). The project
was scheduled to be completed on 8/5/13; with the proposed extension, the new
complete date would be 9/18113. This extension is being requested due to delays
with the City of Wilmer's 3
rd
party inspection company.
2) AUTO SERVICE CENTER - requests approval to replace vehicle FE377
(2FAFP71 W15X148593), a Ford Crown Victoria which has reached maintenance
cap making it no longer economical to repair, with vehicle L V028
(lFAHP2MT6EGl11820), a 2014 Ford Police Interceptor. The new vehicle will be
assigned as FE436. Recommended by the Office of Budget and Evaluation.
3) OFFICE OF BUDGET & EVALUATION - requests approval to:
a) add positions that were approved as part of the FY2014 Budget for
reclassification review:
Fire Marshal - Clerk I, Grade 5 position in the Fire Marshal's Office to a Clerk
IV, Grade 8 by Human Resources as part of the reclassification review for the
FY2014 Budget.
DIVERT - review a Program Coordinator III (Grade F) to a Grade G as part of
the reclassification review for the FY2014 Budget.
b) pay Mr. PIer Wah, a Karen language interpreter, at the rate of$120 per hour.
The interpreter was needed in regards to case #TR-13-22470 in the North
Truancy Court scheduled for September 23, 2013. Recommended by the
Office of Budget and Evaluation.
4) OFFICE OF INFORMATION TECHNOLOGY - requests approval to:
a) amend COUli Order 2012-2110 to correct a typographical error. The
remaining portion of Dallas County's project costs for FY2013 amount of
$1,910,595 needs to be rebriefed as $1,910,695 or a $100 more than
originally briefed. Recommended by the Office of Budget and Evaluation.
b) enhance DCIM SWRCC agency feed in order to be able to process
Lancaster PD arrests and e-bookings through the SWRCC Spoke. The
enhancement will be applied by Sypherlink at a fixed cost of $1,800.
Funding to cover the cost of this request is available in the Justice
Assistance Grm1t (JAG2011). Recommended by the Office of Budget and
Evaluation.
10/01113
210
5) FACILITIES MANAGEMENT - requests approval to reimburse Harrison,
Walker, & Harper LLP, for the water bills at Grand Prairie Government Center. The
total cost of reimbursement is $770. Funding is available in the Government Center
project funds (120.1021.8130). Recommended by the Office of Budget and
Evaluation.
TELECOMMUNICATIONS
District Attornev - M1309022- requests two single-line phone instruments for new
employees' to complete routine phone calls during normal business hours. Work is to be
completed at Frank Crowley 11th floor room CI-3. Equipment $110.00; Installation $0.00;
Recurring Cost $0.00 - Recommended
District Court - M1309011 - requests one Plantronics wireless headset for Senior Staff
Attorney due to medical disability. Work is to be completed at Frank Crowley 2
nd
floor
room A-II. Equipment $211.00; Installation $0.00; Recurring Cost $0.00 -
Recommended
Sheriff - Intake - D1309001 - requests one data cable for new computer for the Sergeants
Office. Work is to be completed at 5201 Harry Hines Blvd. Equipment $0.00; Installation
$200.00; Recurring Cost $0.00 Recommended
Sheriff - Release - M1309020 - requests two multi-line phone instruments for employees'
to complete routine phone calls during normal business hours. Work is to be completed at
George Allen Building 7'h floor Sergeants Office. Equipment $110.00; Installation $0.00;
Recurring Cost $0.00 - Recommended
Fuuding 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.
10101113
211
MISCELLANEOUS EQUIPMENT
Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners
Court Authorization.
10/01113
ntnarfnltnt
!nforTT13lion Techno!ogy
2 iufDrfJtation TechnolDgy
Technology
4 Information Technology
5 Tec!mology
6 Infollmltion Tcchnology
7 information Teehnology
8 Road and Bridge #4
,
Telecommunications
10 Tdccommunica1ions
I J Telecommunications
12 Sheriff-Traffic
13 HSEM
14 I{SEM
15 HSEM
16 HSEM
17 HSEM
18 County Clerk
t9 TaxOffice
20 Tax Office
21 TaxOffice
21 Precinct 5
23 I kalth and Human Services
24 Health and Human Services
27 Heallh and Human Services
28 Health aud Human Services
3() 1 60th Distlict CO\lrt
31 Justice of the Peace
32 Justice of the Peace 4-1
Mistellaneous Hardware and Soflware!Suppties over $50
October 1,2013
Actual invoiccd amounls may deviate by up to $20 from Ihe amounts listed wilhout additional Commissi{lners Court Authorization
Qty {init Total R=Repl.
Fundine. Expense Code Recoro. Item Cost N-New
Hal dwal'e Refresh 195.92055 Standard Desktop Computer 700 3.500 R
Med Mod Project 196.70143 Standard Desktop Computer WI MS Office 1,055 3,165 N
Hardware Refresh 195.92055 HP Network Printer 1,500 1.500 R
Hill dware Refresh 195.92055 Standard Desktop Computer 700 2,\00 R
Hardware Refresh 195,92055 Standard Desktop Computer 700 4.900 R
Hardware Refresh 195.92055 I Internal Fa'\: Card 200 200 R
Grant Funds fAG 2011 6 One Terabyte Hard Drive 79 473 N
Within Budget 105,2540.2080 West Chamber ofCorrunerce Membership 150 150 N
Sheriff Forfeitores 532.91002 Blackberry to iPhone Upgrade R
SheriffFotfeitures 532.91002 iPhone 100 100 N
Grall! Funds 466.5216 2 Cel! Phone 360 720 N
Unallocated Reserves 1203137.2090 30 Lidars 1,995 59,850 R
UASI Grant Funds 466.8520.2013.4107 2 Motorola Radio Package 5,396 10,792 N
SCBA Gf3J!t Funds 466.2970.2012.4105 2 Windbreakers (Small) 16 32 N
SCBA Grant FWlds 466.29702012.4105 3 Windbreakers (2XL) 19 56 N
SCBA Grant Funds 466,2970.2012.4105 25 Name Tapes for HSEM
4 100 N
SCBA Granl Funds 466.2970.2012.41050 32 Embroidery 4 128 N
Within Budget 120.403L2160 1 1 Privacy Filler Screen 160 160 N
Within Budget 120.1035.2160 2 IOGEAR Wireless Long Range KBlMousc Combo 76 152 N
Within Budget 120.1035.2160 I HDMI-Cable 31 31 N
Within Budget 120.1035.2160 2 Data - Vac Pro ED
67 134 N
DDA 120.3250.2230 I Printer 131 131 N
Section 8 Choice Voucher Program 467,2090.2014.8001 Bait Audio Visual Adjustable Presentation Cillt 225 225 N
Section 8 Choice Voucher Program 467.2160,2014.800 I 4 Screen Protectors 70 28O N
Section 8 Choice Voucher program 467.2 J60.10 14.800 I Bulletin Board 4'x3' 65 65 N
Section 8 Choice Voucher Program 4672160,2014.8001 Bulletin Board 6'x4' 155 155 N
Suhstance Anuse aud Prevention 466.2810.2014.8736 20 Catering Meal for Behavioral Health Committee 15 300 N
Within Budget 120.5214.2950 2
Red Book: 2012 Report of the Connniltee on Infectiolls
29
120 240 N
HRSA Part A Admin 466.2090.2013.6550). Staples Flat Pile Carpet Chair Ma!46"x60" 65 65 N
FuJ'tlihlIc lind Equipmcnt 120A145,2090 HP OUice Jet Printer 142 142 R
Within Budget 120.4812.2160 See-All Round Mirror 79 79 N
Records 120.1024.2090 Mid-Volume Fax 300 300 R
Justification
Necded to replace older computers in Telecommunications
Needed for Phase I work arells built for Med M{ld proje<:t
Needed to replace older equipment in Tax Office
Needed t<J replace older equipment in Ta.'!; Office
Needed to replace older equipment in Facilities Department
Needed to replace older equipment in facilities Department
Needed for Auto Task Force to backup reports I lIoles
Needed 10 pay for membership dues for RB4
Needed!o provide K-9 Unit wi iPhones
Needed \0 provide K-9 Unit wi iPhones
Needed [or HHS - TB employees during field work
Needed 10 replace hrokeniirreparahle Lidars in the Traffic Division
Needed for use in Emergency Operations Center Radio Rooms
Needed forIISEM employees
Needed for BSEM employees
Needed for jackets
Needed for jackets
Needed for County Clerk's Office - Criminal Se<:tion
Necded for the presentatioll
Needed for the prescntation rooms
Needed for the Motor Vehicle inventory Room
Needed [or use by Constable 5 Office, approved for use by IT
Needed to be used for landlord briefings, tenant briefings. FSS
meetings and department
Needed fm monitors to prevent glare and for privacy N
Needed to display documellts pertaining to housing and referrals

for clients
N
Needed to display documents pertaining to housing
Meeting for stakeholders assisting in mental health
abuse
To be used as desk references for ConUllUnicable Disease nurses
Needed to provide carpet protection and ease of movement fOI
office chair
Needed to replace printer in Judge's chrunbers; recommended by
IT
Needed for security purposes
Needed to replace fax, as recommended by RccOlds Mallagemenl

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10/1/2013

and Conections Dei;artmem (CSeD), in

7 ___ . --f-------... -- ....-.- .. ..,... ---- ------+---.- --4 --- ---

Paul Hamilton, Assistant District Attorney, Civil Division

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