April 21, 2009 - Dallas County · Pleasant RunlMill Branch Lancaster Trail 90136, Trail and Preserve Program (TAPP) Bid No. 2009-036-4218, Award ofConstruction Contract 16-24 (COURT

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DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

April 21, 2009

REPORTSIRECOMMENDATIONSIREQUESTS

1) HEALTH & HUMAN SERVICES

PAGE NOS.

Department of State Health Services Contract #2009-031078-001,CPS - Bioterrorism Discretionary Fund Projects Phase L. 4-13

2) HUMAN RESOURCES/CIVIL SERVICE

Request for Exception to County's Nepotism Policy 14-15

3) PUBLIC WORKS

Pleasant RunlMill Branch Lancaster Trail 90136, Trail and PreserveProgram (TAPP) Bid No. 2009-036-4218,Award of Construction Contract 16-24

(COURT ORDER ON FORMAL AGENDA)

4) COUNTY CLERK

Book and Document Preservation Services for the County Clerk 25-26

5) COUNTY AUDITOR

First Administrative Judicial Region - County Contribution 27-28

6) SHERIFF

FY-2010 Texas ATPA Grant Submission 29-31

7) PLANNING & DEVELOPMENT

Request to Participate in New Foreign Trade Zone Approval Process 32-34

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8) PURCHASING

a) Request for Proposals for Mechanical Servicesand Weatherization Services '" Handout

b) Request for Proposal for Transitional Housing 35-73

c) Award of Bid No. 2009-057-4287 -Annual Contract forFlex Spoons and Trays 74-77

9) BUDGET

a) DIVERT Court Program Grant Application 78-80(COURT ORDER ON FORMAL AGENDA)

b) District Attorney's Office Recovery Act Byrne MemorialCompetitive Grant Program 81-84


c) County Buildings and Grounds Special UsePolicy Change Comments Received 85-89

d) IT Security Policy - Revision and Additional 30 - Day Comment Period 90-99

e) Deletion of a Public Defender from the Family Division .100

f) Mental Health Diversion Court Grant Application 10I-I 02

g) Community Oriented Policing Services Grant Application 103-104

h) Hiring Freeze Exceptions 105

i) District Attorney Gang Unit 106-107

10) Plan of Action/Response for Jail Inspection NIA

11) ITEMS OF DISCUSSION

a) Information N/A• Jail Population Report• Budget - Reserve Balance Report - April 15, 2009• Constable, Precinct No. I - Racial Profiling Audit Sheet• Health & Human Services - HHS Updates

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b) IT Steering Committee NIA1) Network Vulnerability Testing2) Public Defender System3) Maintenance for RJIS Hardware4) JAG Budget5) MTF Approved Projects and Available Funds Report6) Project Review

12) Miscellaneous, Travel Requests, Miscellaneous Equipment, andTelecommunications Requests 108-119

13) PUBLIC COMMENTS

Speakers NIA

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DATES TO REMEMBER

Legislative Briefing - Friday, April 24, 2009

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.DAI,LAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICESAdministration

zachary S. ThompsonDirector

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: April 21, 2009

SUBJECT: DEPARTMENT OF STATE HEALTH SERVICES CONTRACT #2009·031078-001, CPS •BIOTERRORISM DISCRETIONARY FUND PROJECTS PHASE 1

BACKGROUND

The Department of State Health Services (DSHS) Contract #2009-031 078-001, CPS - Bioterrorism Discretionary FundProjects Phase 1, is designed to upgrade and integrate state and local public health jurisdictions' preparedness for andresponse to bioterrorism, outbreaks of infectious disease, and other public health threats and emergencies. The termof this attachment is June 1, 2009 through November 30, 2009.

OPERATIONAL IMPACT

There is no impact for this contract.

LEGAL IMPACT

The County Judge is required to sign the contract after approval by the Commissioners Court.

FINANCIAL IMPACT

This contract provides $20,000 in the category of other for four (4) Ready or Not, Train the Trainer workshops andproduce the developed training materials. No discretionary County match is required for this grant.

STRATEGIC PLAN COMPLIANCE

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: DallasCounty is a healthy community.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does hereby approve the Department ofState Health Services Contract #2009-03107'8-001, CPS-Bioterrorism Discretionary Fund Projects Phase 1, andauthorizes the County Judge to sign the contract and all related documents on behalf of Dallas County.

Recommended bY:...;~~;;z..'<::::::=i=§~::::::"-

xc: Shannon Brown, Interim Court AdministratorVirginia Porter, County AuditorRyan Brown, Budget Officer

2377 N. Stemmons Freeway Dallas, Texas 75207-2710Suite 644· LB 12

Office (214) 819·2100FAX (214) 819·2107

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DEPARTMENT OF STATE HEALTH SERVICES

This contract, number 2009-031078 (Contract), is entered into by and between the Departmentof State Health Services (DSHS or the Department), an agency of the State of Texas, andDALLAS COUNTY (Contractor), a Government Entity, (collectively, the Parties).

1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,services or goods to the eligible populations as described in the Program Attachmeuts.

2. Total Amount of the Contract and Payment Method(s). The total amount of this Contractis $20,000.00, and the payment methodes) shall be as specified in the Program Attachments.

3. Funding Obligation. This Contract is contingent upon the continued availability of funding.If funds become unavailable through lack of appropriations, budget cuts, transfer of fundsbetween programs or health and human services agencies, amendment to the Appropriations Act,health and human services agency consolidation, or any other disruptions of current appropriatedfunding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.

4. Term of the Contract. This Contract begins on 06/01/2009 and ends on 11/3012009. DSHShas the option, in its sole discretion, to renew the Contract as provided in each ProgramAttachment. DSHS is not responsible for payment under this Contract before both parties havesigned the Contract or before the start date ofthe Contract, whichever is later.

5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,Chapter 1001.

6. Documents Forming Contract. The Contract consists of the following:

a. Core Contract (this document)b. Program Attachments:

2009-031078-001 Community Preparedness Section/Bloterrorism DiscretionaryFund Projects Phase I

c. General Provisions - SUb-recipientd. Solicitation Docurnentts), ande. Contractor's response(s) to the Solicitation Document(s).f Exhibits

Any changes made to the Contract, whether by edit or attachment, do not form part of theContract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.

92648-1

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7. Conflicting Terms. In the event of conflicting terms among the documents fanning thisContract, the order of control is first the Core Contract, then the Program Attachment(s), then theGeneral Provisions, then the Solicitation Document, if any, and then Contractor's response to theSolicitation Document, if any.

8. Payee. The Parties agree that the following payee is entitled to receive payment for servicesrendered by Contractor or goods received under this Contract:

Name: DALLAS COUNTYAddress: 509 MAIN ST STE 407

DALLAS, TX 75202-5717Vendor Identification Number: 17560009056005

9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement ofthe Parties and that there are no agreements or understandings, written or oral, between themwith respect to the subject matter of this Contract, other than as set forth in this Contract.

92648·1

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By signing below, the Parties acknowledge that they have read the Contract and agree to itsterms, and that the persons whose signatures appear below have the requisite authority to executethis Contract on behalfof the named party.

DEPARTMENT OF STATE HEALTH SERVICES DALLAS COUNTY

B Y:_--::-:--::--::--:;-;::c=-:-::--Signature ofAuthorized Official Signature

Dme Dme

Bob Burnette, C.P.M., CTPM Zachary ThompsonPrinted Narne and Title

Director, Client Services Contracting Unit 2377 N. Stemmons Freeway, STE. 600Address

1100 WEST 49TH STREETAUSTIN, TEXAS 78756

(512) 458-7470

[email protected]

92648·1

Dallas,Texas 75207City, State, Zip

214/819-2100Telephone Number

[email protected] Address for Official Correspondence

(signature of person authorized to sign)

Jim Foster, County Judge

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DOCUMENT NO. 2009-031078PROGRAM ATTACHMENT NO. 001

PURCHASE ORDER NO.

CONTRACTOR: DALLAS COUNTY

DSHS PROGRAM: Community Preparedness Section!Bioterrorism Discretionary Fund Projects Phase I

TERM: 06/0112009 THRU: 1113012009

SECTION I. STATEMENT OF WORK:

Contractor shall perform activities in accordance with the specifications herein in supportof the Centers for Disease Control and Prevention (CDC) Public Health EmergencyPreparedness (PHEP) Budget Period 9 Goals by implementing approved projects whichresolve identified gaps in or enbance local preparedness. These projects are funded bybudget carryover from State Fiscal Year 2008 (SFY08) to CDC Budget Period 9(Funding Opportunity AAI54), and are designed to upgrade and integrate state and localpublic health jurisdictions' preparedness for and response to bioterrorism, outbreaks ofinfectious disease, and other public health threats and emergencies.

Contractor will address the identified lack in PHEP preparedness regarding families ofvolunteer emergency responders within the service area by conducting Train the Trainercourses on Personal Family Preparedness.

Contractor will meet the following critical tasks:

6B. Target Capability: Emergency Public Information and WarningRequired Critical Tasks:

I. Decrease time needed to provide specific incident information to theaffected public, including populations with special needs such as nonEnglish speaking persons, migrant workers, as well as those withdisabilities, medical conditions, or other special health care needs,requiring attention;

2. Disseminate health and safety information to the public

6E. Target Capability: Mass ProphylaxisRequired Critical Tasks:

I. Decrease the time needed to dispense mass therapeutics andJor vaccines2. Achieve and maintain the Strategic National Stockpile (SNS) preparedness

functions described in the current version of the Strategic NationalStockpile guide for planners

ATTACHMENT-Page I

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Contractor shall provide services in the following counties/area: Dallas, Tarrant, Collin

Contractor shall comply with all applicable federal and state laws, rules, and regulationsincluding, but not limited to, the following:

• Public Law 107-188, Public Health Security and Bioterrorism Preparedness andResponse Act of2002;

• Public Law 109-417, Pandemic and All Hazards Preparedness Act of2006;, and• Chapter 81, Texas Health and Safety Code.

Contractor shall comply with all applicable regulations, standards and guidelines in effecton the beginning date of this Program Attachment.

This is an interlocal agreement under Chapter 791 of the Goverrunent Code.

Through this Program Attachment DSHS and Contractor are furnishing a service relatedto homeland security and under the authority of Texas Goverrunent Code § 421.062,neither agency is responsible for any civil liability that may arise from furnishing anyservice under this Program Attachment.

The following documents are incorporated by reference and made a part of this ProgramAttachment:

• Budget Period 9 funding for continuation of the Public Health EmergencyPreparedness (PHEP) Cooperative Agreement guidance (dated September 21,2007);

• Contractor's Discretionary Funding Project Applicant Project Summary and BudgetDetail; and

• Preparedness Program Guidance(s) as provided by DSHS.

SECTION II. PERFORMANCE MEASURES:

Contractor will coordinate a committee composed of PHEP representatives throughoutthe service area and develop two (2) separate curriculums with the associated trainingmaterials for each curriculum. Contractor will hold four (4) Ready or Not, Train theTrainer workshops, and produce the developed training materials. Thecurriculums/courses will be:

1. Personal and Family Preparedness (PFP) Train the Trainer course (TTT) whichwill train committee members the skills necessary to provide volunteers PFPtraining to remove the barrier to volunteer response. The curriculum will reducethe Volunteers reluctance to report when they are concerned about their family'ssafety.

2. PFP course will be used to educate volunteers (and community groups) andpotentially reduce the number of people victimized by an all-hazards event. ThePFP curriculum will include:

• Ready or Not? Facilitator's Manual

ATTACHMENT - Page 2

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• Ready or Not? Participants' Guide• Ready or Not? PowerPoint Presentation• "A Day in My Life"• Emergency Communication Plan• Emergency Contact Card• Family rcs for the Home• Expectations Following a Disaster• Emergency Supply List• Emergency Document Bag

Contractor will train at least 15 individuals through the Train-the-Trainer course allowingeach trainer to train an average of 50 volunteers.

The Contractor will meet the following key milestones by:o July 31, 2009 Finalize Train the Trainer Program and training materialso September 15, 2009 Ready or Not Train the Trainer Workshop #1o September 30,2009 Ready or Not Train the Trainer Workshop #2o October 15, 2009 Ready or Not Train the Trainer Workshop #3o October 31,2009 Ready or Not Train the Trainer Workshop #4

Contractor shall provide reports as requested by DSHS to satisfy information-sharingrequirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and(c).

SECTION III. SOLICITATION DOCUMENT:

N/A

SECTION IV. RENEWALS:

None.

SECTION V. PAYMENT METHOD:

Cost Reimbursement

Funding is further detailed in the attached Categorical Budget and, if applicable,Equipment List

SECTION VI. BILLING INSTRUCTIONS:

Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13)and acceptable supporting documentation for reimbursementservices/deliverables. The B-13 can be found at thehttp://www.dshs.state.tx.us/grants/forms/b I3form.doc. Vouchers

ATTACHMENT - Page 3

of the requiredfollowing link

and supporting

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documentation should be mailed or submitted by fax or electronic mail to theaddresses/number below.

Claims Processing Unit, MCl940Texas Department of State Health Services1100 West 49th StreetPO Box 149347Austin, TX 78714-9347

The fax number for submitting State of Texas Purchase Voucher (Form B-13) to theClaims Processing Unit IS (512) 458-7442.invoicesla1dshs. state. Ix. us.

SECTION VII. BUDGET

Cost Reimbursement

The email address IS

Funding is further detailed In the attached Categorical Budget and, if applicable,Equipment List.

SOURCE OF FUNDS: CFDA # 93.283

SECTION VIII. SPECIAL PROVISIONS:

General Provisions, Compliance and Reporting Article, is revised to include:

Contractor shall submit a final report on the completion ofperformance measuresin this Program Attachment to DSHS no later than December 30, 2009, thirty (30)days after the end the contract period, in a format as prescribed by DSHS. Thereport will be forwarded electronically to [email protected]

In addition, Contractor shall provide DSHS any other reports, to include but notlimited to the progress of activities, copies of detailed receipts or invoices forexpenses incurred, that DSHS determines necessary to accomplish the objectivesof this contract and to monitor compliance.

General Provisions, Terms and Conditions of Payment Article, is revised to include:

DSHS will monitor Contractor's billing activity and expenditure reporting on amonthly basis. Based on these reviews, DSHS may reallocate funding betweencontracts to maximize use of available funding.

General Provisions, Allowable Costs and Audit Requirements Article, is amended toinclude the following:

ATTACHMENT - Page 4

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For the purposes of this Program Attachment, funds may not be used for research,reimbursement of pre-award costs, new construction, or to purchase incentiveitems.

AITACHMENT - Page 5

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2009-031078-001

Categorical Budget:

FRINGE BENEFITS

EQUIPMENT

$0.00

$0.00

CONTRACTUAL $0.00

TOTAL DIRECT CHARGES $20,000.00

TOTAL $20,000.00

CONTRACTOR SHARE $0.00

Total reimbursements will not exceed $20,000.00

Financiai status reports are due: 09/30/2009, 01/29/2010

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Date:

To:

From:

Subject:

DALLAS COUNTYHUMAN RESOURCES/CIVil SERVICE

April 15, 2009

Members of Commissioners Court

Mattye Mauldin-Taylor, Ph.D., Director

Request for Exception to County's Nepotism Policy

Recommended by:

BackgroundThe Honorable Craig Watkins, District Attorney, submits the attached letter to CommissionersCourt requesting an exception to the county's Nepotism Policy (Sections 86-241-242) of theDallas County Code. Mr. Watkins wants to hire Nadia Poppoff as a Clerk I Gob grade 5) for theDWI Video/Tape Room. However, Ms. Poppoff has a sister, Patricia Noble, who is currentlyemployed with the District Attorney's Office as an Attorney V in the Appellate Division. Thetwo sisters would work in different divisions and no supervisory relationship would exist. Thedepartment states that Ms. Poppoff experience working in a law enforcement environment wouldbe of significant benefit in this position.

Operational ImpactEmploying Ms. Poppoff would allow the department to successfully hire a candidate withexperience working in a law enforcement environment.

Strategic Plan ComplianceThe request in this briefmg would be consistent with Dallas County's Strategic Plan Vision I,Strategy 1.5: Dallas County should maintain a strong, motivated workforce. It is necessary that acapable workforce be maintained which may require flexibility in application of policyguidelines.

Fiscal ImpactThere is no additional fmancial impact associated with this request.

RecommendationWhile the District Attorney's request for approval does not comply with Sections 86-241-242 ofthe Dallas County Code regarding Nepotism, policy allows the hiring department to request anexception. Therefore, the Human Resources/Civil Service Department respectfully submits thisrequest to Commissioners Court for further consideration.

~,.~~MattytN>_"/Ulin-Taylor, Ph.D.Director uman Resources/Civil

Attachment - Letter ofRequest

CC: Lincoln Monroe - Administrative Attorney (District) Attorney's Office

509 Main StreetReccrds Building

Dallas. TexasEqual Opportunity Employer 214.653.7638

K:lBrielings 2009\P01icy excep!i')lLnepolism_da 042009.doc

Exception Request - Nepotism Policy

Exception Request - Nepotism PolicyAmy Trotter [[email protected]]

Sent: Tuesday, April 14, 2009 3:09 PM

To: Mattye Mauldin-Taylor; Bridgette Collins

1 5Page 1 of 1

We would like to request an exception to the nepotism policy (Section 86-241through 86-242) .

We are requesting this exception in order to hire Nadia Pappoff who would beworking in our DWl Video !Tape Room as a Clerk I, Grade 5. Along with her vastwork experience, she has 2 years of experience working with the Los Angeles PoliceDepartment dealing with police officers on a daily basis. This position deals withpolice agencies on a daily basis and requires an individual skilled in dealing withlicensed peace officers. We feel that Ms. Pappoff's experience would greatlybenefit the operations of our DWI Video/Tape Room. She would be located on the11th floor of the Frank Crowley Courts Building reporting directly to CarltonWilliams and then to Lincoln Monroe.

Patricia Noble worksAppellate Division.Building and reports

for our office as an Assistant District Attorney in theShe is located on the 10th floor of the Frank Crowley Courtsdirectly to Lisa Smith and then Mike Casillas.

Ms. Noble is not now or would she ever be a supervisor over the DWI Video/TapeRoom.

We feel that Ms. Poppoff has a unique skill set that makes her qualified to assistour office.

We request that this exception request to the nepotism policy be presented to theCommissioner's Court for their approval as soon as possible.

Please let me know if you have any questions.

Thank you.

https:llowa.dallascounty.orglowal?ae=Item&t=IPM.Note&id=RgAAAACeoq5NenkoRoxj... 4/15/2009

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DALLAS COUNTYPUBLIC WORKS

April21,2009

MEMORANDUM

TO: Commissioners Court

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

SUBJECT: SAME DAY BRIEFING AND COURT ORDER RATIONALEPleasant RunIMiII Branch Lancaster Trail Project 90136Award of Construction Contract

This bid was open February 26 and must be awarded before April 26 or bids willbecancelled. It is tothe advantage of Dallas County to proceed with Awarding the Construction Contract. It isrecommended that the Briefing and the Court Order pass through Commissioners Court on the sameday. !

411 Elm Street, 4th Floor Dallas, Texas 75202 214-653-7151 Fax 214-653-6445

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DALLAS COUNTYPUBLIC WORKS

April 21, 2009

MEMORANDUM


ON FORMAL AGENDA

THROUGH: Commissioner John Wiley Price, Road & Bridge District NO.3

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

SUBJECT: PLEASANT RUNIMILL BRANCH LANCASTER TRAIL 90136Trail and Preserve Program (TAPP)Bid No. 2009-036-4218, Opened February 26, 2009Award of Construction Contract

BACKGROUND

Available funding for the construction ofthe Pleasant RunlMiJl Branch Lancaster Trail Project No. 90136 is from theTrails and Preserve Program in the total amount of$953,21O.91. This project consists ofthe construction ofa multiuse hike and bike trail from Catalina Drive to Main Street in the City ofLancaster, Texas, in District No 3 ofDallasCounty, Texas. The total 2.34 miles of 12'wide concrete trail shall be constructed. The project also includesdrainage improvements consisting of40 LF of6' x 8' box culvert, 49 LF of36" RCP and 20 LF of 60" RCP withassociated headwalls/wingwalls.

On February 26,2009, twenty two (22) bids were received for the subject project. The five lowest bids are presentedbelow.

BASE BID ALTERNATIVE BASE BID + BASE BID + ALT. #2 BASE BID + ALT #2#2 PARTNERING + PARTNERING

XIT Paving & Const $661,329.14 $154,948.43 $661,829.14 $816,277.57 $816,777.57

McMahonContracting $704,539.01 $166,148.66 $706,039.01 $870,687.67 $872,187.67

2L Construction $735,997.50 $183,256.30 $736,597.50 $919,253.80 $919,853.80

Journeyman Construction $787,414.36 $179,466.75 $787,864.36 $966,881.11 $967,331.11

Northstar Construction $800,925.50 $194,902.50 $801,925.50 $995,828.00 $996,828.00

411 Elm Street, 4th Floor Dallas, Texas 75202 2 I4-653-7151 Fax 214-653-6445

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Commissioners CourtApril 10, 2009Page Two

FINANCIAL IMPACT

Bids were received on February 26,2009, with twenty two bidders responding to Bid No 2009-036-4218. Thelowest bid was submitted by XIT Paving and Construction, Inc., with a bid of$816,777.57. Funds are available fromOpen Space Fund 196, Project No. 90136, in the amount of $553,632.00 and $399,578.91 from the 1998 OpenSpace Bond Fund to construct this project.

PROJECT SCHEDULE

There are 155 working days allocated for the total project.

MlWBE REVIEW

A report from the Minority/Women Owned Business Enterprise Officer has been submitted by the MlWBE Officerdirectly to the Commissioners Court and is also attached. Further, XIT met with MlWBE and Public Works toincrease percentage ofparticipation from 4.23 % to 7.23 %.


This project is consistent with the County's Strategic Plan. Under Vision 5 Dallas County will seek to become thedestination ofchoice for businesses and residents. The construction ofthe proposed trail will create an amenity thatwill help increase the area's attractiveness and provide for an alternate means oftransportation.

RECOMMENDATION

The Director of Public Works and the Director of Planning and Development hereby recommend to Award theConstruction Contract to XIT Paving and Construction, Inc., in a Total Bid Amount not-to-exceed $816,777.57.Funds for the Pleasant RunlMill Branch, Lancaster Trail are available from Open Space Fund 196,Project No.90136,in the amount of$553,632.00 and $399,578.91 from the 1998 Open Space Bond Fund to construct this project. IfCommissioners Court is in agreement, a Court Order has been placed on TODAY'S Formal Agenda authorizing theAward of the Construction Contract to XIT Paving and Construction, Inc., in a total bid amount not-to-exceed$816,777.57

RECOMMENDED BY:

I

1J?f;&y;Donald R. Holzwarth, P.E.Director ofPublic Work

JRick Loes ergDirector ofPlanning and Development

411 Elm Street, 4th Floor Dallas, Texas 75202 214-653-7151 Fax 214-653-6445

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DALLAS COUNTYCOMMISSIONERS COURTMinoritylWoman Business Office

MEMORANDUM

DATE:

TO:

FROM:

SUBJECT:

March 23, 2009

I Lily Arenas, P. E.Linda Boles, Assistant Purchasing Agent

Leffie T. Crawford @Minority Business Officer

"M/WBE Review of "Pleasant Run/Mill Branch Hike & Bike Trail, Lancaster#2009-036-4218"

The M/WBE evaluations for the subject bid are as follows:

2L Construction, LLCThe firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsTexas EnvironmentaiUniversal Fence

Amount$ 93,517$ 7,200

0/0

10.17%0.78%

Points 06J

Totai 9 *

Non-certified M/WBE prime (NCTRCA)Utilization of other certified M/WBE firmsEEO Policy Compliance

Allied Builders. Inc.The firm reports that they will perform the required duties with existing staff and withoutthe use of MjWBE subcontractors.

Points 6oJ

Total 9 *

Certified M/WBE prime (NCTRCA)Utilization of other certified M/WBE firmsEEO Policy Compliance

and **

509 Main Street, Suite 613, Dallas, Texas 75202 (214) 653-6018-0fc, (214) 653-7449-Fax

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Page 2

"M/WBE Review of "Pleasant Run/Mill Branch Hike & Bike Trail, Lancaster #2009-036-4218"

American Latino ConstructionThe firm reports that they wiil perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsUniversal FenceAmerican Striping

Amount$ 7,794$22,946

010

0.65%1.93%

Points 061

Total 9


Cole Construction, Inc.The firm reports that they will perform the required duties with existing staff and withoutthe use of M/WBE subcontractors.

Points 0oQ

Total 0 *


and **Estrada Concrete Co .. LLCThe firm reports that they will perform the required duties with existing staff and withoutthe use of M/WBE subcontractors.

Points 6oQ

Total 6 *

Certified MBE prime (NCTRCA)Utilization of other certified M/WBE firmsEEO Policy Compliance

and **

Fain Group, Inc.The firm reports that they will perform the required duties with existing staff and withoutthe use of M/WBE subcontractors.

Points

Total

oo13 **


Henry Building, Inc.The firm reports that they will perform the required duties with existing staff and withoutthe use of M/WBE subcontractors.

Points 0o1

Total 3 *


and **

21

Page 3


Irricon ConstructionThe firm reports that they will perform the required duties with existing staff and withoutthe use of M/WBE subcontractors.

Points 0o.Q

Total 0 *


and **

J & T Excavating, llCThe firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsBrock EnvironmentaiHydro Mulch Svcs.Universal FenceReyes Trucking

Amount$40,031.61$63,950.00$ 7,794.00$14,000.00

0/0

3.92%6.26%0.76%1.37%

Points 06.Q

Total 6 *


Jeske Construction Co.The firm reports that they will perform the required duties with existing staff, as well as withthe followinq certified firms:

M/WBE FirmsUniversal FenceWims Excavating

Amount$ 7,200.16$42,000.00

0/0

0.61%3.58%

Points 06J

Total 9


Journeyman ConstructionThe firm reports that they will perform the required duties with existinq staff, as well as withthe following certified firms:

M/WBE FirmsTBD

AmountTBD

0/0

TBD

Points

Total

6oJ9 **


22

Page 4


JRJ Paving, lPThe firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsWims ExcavatingUniversal Fence

Amount$84,000$ 7,794

0/0

7.92%0.73%

Points 06~

Total 9 *


Ken-Do contracting, lPThe firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsS.Y.B. Construction

Amount$500,000

.?Ll!.34.06%

Points 06a

Total 9


McMahon Contracting, lPThe firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsSignature ContractingBrock Environmental

Amount$31,000$33,396

0/0

3.55%3.83%

Points 06a

Total 9


Northstar Construction, Inc,The firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsCT&S, Inc.statewide TruckingUniversal FenceJM Const. Surveying

Amount$8,125$4,500$7,200$9,500

.?Ll!.0.80%0.44%0.71%0.94%

Points 06~

Total 9 *


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Page 5


Omega contracting, Inc.The firm reports that they will perform the required duties with existing staff and withoutthe use of M/WBE subcontractors.

Points 6 Certified M/WBE prime (NCTRCA)o Utilization of other certified M/WBE firmsJ EEO Policy Compliance

Total 9 * and **

PAEE CorporationThe firm reports that they will perform the required duties with existing staff and withoutthe use of M/WBE subcontractors.

Points 6 Certified M/WBE prime (NCTRCA)o Utilization of other certified M/WBE firmsQ EEO Policy Compliance

Total 6 * and **

sports Constructors, Inc.The firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsHydro Mulch Svcs.American Striping

Amount$65,268$22,947

.?&5.77%2.03%

Points 06J

Total 9 *


Texas Standard Construction Ltd.The firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsKenyatta Sand & Gravel

Amount$267,323.10

0/0

22.00%

Points 06J

Total 9


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Page 6


Tiseo Paving CompanyThe firm reports that they will perform the required duties with existinq staff, as well as withthe following certified firms:

M/WBE FirmsT&R ExcavationJ. T. DersnerBrock Environmental

Amount$41,271.66$80,460.00$32,981.12

0/0

3.92%7.64%3.13%

Points 06J

Total 9


Wall EnterprisesThe firm reports that they will perform the required duties with existing staff and withoutthe use of M/WBE subcontractors.

Points 0 Certified M/WBE prime (NCTRCA)o Utilization of other certified M/WBE firmsQ EEO Policy Compliance

Total 0 * and **

XIT Paving and Construction, Inc.The firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:

M/WBE FirmsBrock EnvironmentalKlutz Construction

Amount$34,571.16$20,951.05

0/0

4.23%3.00%

Points 06J

Total 9


* Finnfailed to complete all of the required MIWBE documents; therefore, the proposal does not comply with theCounty's Good Faith Effort Policy.

** Finnfailed to include MIWBE participation; therefore, the proposal is non-responsive relative to the County's GoodFaith Effort Policy.

cc: Commissioners Court (thru Shannon Brown)

25

DALLAS COUNTYCOUNTY CLERK

JOHN F. WARREN.'j~' ." c

;"1 _' ; •• -

April 21, 2009

TO: The Honorable Commissioners Court

FROM: John Warren, County Clerk

SUBJECT: Book and Document Preservation Services for the County Clerk

BackgroundlIssue

The County Clerk has approximately twelve thousand (12,000) books and documents datingback to 1846. In accordance with the Texas State Library and Archives Commission LocalSchedule GR the retention period for these records are permanent. The purpose of this briefingis to recommend entering into a services contract for the electronic capturing of the informationand preservation of these books and documents. Many of the documents are contained in handsewn canvas binders. Due to years of use and laek of proper storage, many of the typescripts andbinders have become severely deteriorated and/or are fading.

Because ofthe poor condition of the books, the County Clerk is ready to begin his preservationproject in order to (1) preserve the books that are the subject of this briefing, (2) implementthrough the preservation of the books a complete disaster recovery plan and (3) with theconstruction of the climate controlled facility, provide additional storage space for the county'srecords management office.

Operational Impact

The County Clerk is responsible for the permanent safe keeping of all of Dallas County'sOfficial Public Records, "OPR" which include deeds, birth and death certificates, assumednames, wills and many other recorded documents. Currently the Clerk's offiee has been workingwith Dallas County's Records Management office to address the growing need for space for bothDallas County's needs as well as those of the County Clerk. As a result, the County Clerk isseeking to have documents electronically imaged, captured and converted into a DVD format forfuture. This will also allow the existing books/documents to be preserved for safe keeping.

(214) 653-7099509 Main Street

GTSI Corporation currently has a contract in place through U.S. Communities to provide suchservices. As a result, staff requested GTSI to provide a scope of work and pricing toconvert/preserve the County Clerk's various documents/books. In addition to converting the fileto a TIFF image, GTSl's proposal includes disbanding, cleaning and minor mending/page repairof the existing files and converting the files to a TIFF electronic format to serve as both therecord used to serve the public and for disaster recovery. GTSl's proposal also includes the cost

IDallas, Texas 75202-3551Records Building

26

of storing the restored documents/books until such time that the County's new Records Storagefacility is completed and providing customized space saver shelving at the new facility for futurestorage of the restored documentslbooks.

Financial Impact

GTS] has submitted a not to exceed contract amount of$17,298,131.22. This cost will be spreadout over a seven year period. Thus the annual cost will be approximately $2,500,000. This costincludes the preservation ofthe twelve thousand (12,000) books, space saver shelving andtemporary storage of the books until construction of the climate control facility has beencompleted.

The custom shelving will decrease the total square footage of the climate controlled facility thatwill house the books once they are preserved and allow for the additional storage space neededfor Dallas County's records management office for their permanent records. As a result, theCounty Clerk anticipates saving approximately 1.5 million dollars by using the space savershelving as proposed by GTSI.

In accordance with The County Clerk's FY-2009 Archive Plan, this project will be fundedthrough the County Clerk's Archive Fund.

Strategic Plan Compliance

This solicitation supports Vision 3 of the Dallas County Strategic Plan by providing synergizingpublic safety programs and services.

Recommendation

It is the recommendation of the County Clerk, in conjunction with the Purchasing Department, toenter into a contract with GTS], through the use of their U.S. Communities Contract, for thepreservation of the County Clerk's books and documents as outlined in the attached agreement.

Should the Court concur with this recommendation a Court Order will be scheduled for the nextavailable Formal Agenda.

. J(~,iJA~

A tmg Purchasmg Agent, Linda Boles

2

27

DALLAS COUNTYCOUNTY AUDITOR

FROM:

MEMORANDUM

TO: COMMISSIONERS COURT

Virginia Porter cJ~~~County Auditor 0

DATE:

RE:

April I, 2009

First Administrative Judicial Region - County Contribution

BackgroundEach year Dallas County contributes a portion of the expenses associated with theoperations of the First Administrative Judicial Region, a body that assists with visitingjudge assignments and general court administration for the county and district courts of34 counties.

Legal ImpactAG opinion JC-0524- Under section 74.043 (c) of the Government Code, a countycommissioners court must pay its county's share of an administrative judicial region's"salaries, compensation, and expenses" and has no authority to reduce the county's shareor to alter administrative judicial region's budget.

Texas Government Code 74.051- "The presiding judge shall place each county's paymentof salary and other expenses in an administrative fund, from which the salary and otherexpenses shall be paid."

Texas Government Code 75.051 (e) - each county compromising the administrativeregion shall pay annually to the presiding judge ... the amount of salary apportioned to itas provided by this section and the other expenses authorized by this chapter that are notpaid by state appropriations."

Texas Government Code 74.043- "...expenses shall be paid through the county budgetprocess of each in the region in proportion to the population of the counties comprisingthe region... " Dallas County's portion approximates 51.87%.

28

Commissioners CourtFirst Administrative Judicial RegionPage 2

Texas Government Code 311.008 (3) - "Population" means the populations shown by themost recent decennial census.

Texas Government Code 74.048- calls for a meeting among the "Council of Judges"(designated district and statutory county court judges). It is this meeting that the budgetis created and "authorized."

Texas Government Code sections 74.051 (c) - " A presiding judge who is a retired orformer district judge or a retired appellate judge and who presides over an administrativeregion with 30 or more district courts statutory county courts... is entitled to an annualsalary for each fiscal year as follows: "number of courts and judges salary 90 or more$50,000."

Fiscal ImpactThe County portion of the Region's budget based on the latest decennial census isapproximately 51.87%. Judge John Ovard, the presiding judge for the FirstAdministrative Judicial Region has submitted Dallas County's portion of the FYIObudget as $153,592.26 (FY09 portion was $151,723.52).

o The state contributes a sum to offset the "regional" conference costs for eachjudge in the region. FYIO conference budget is budgeted at the same level asFY09.

o The state pays approximately one half of one administrative assistant's salary andthe balance of payroll plus employee benefits is paid by the region. FYIO salarybudget for staff approved by a council of judges in January 2009 reflects anincrease, although employee benefits budgets are not increased.

o Website costs increased 25% while other costs remain consistent with the prioryear.

SummaryThe Auditors Office submits for filing the annual assessment of $153,592.26 due to theFirst Administrative Judicial Region in compliance with Texas Government Code74.043 (c).

cc: Judge John Ovard

29

"Proudly serving since 1846~

DALLAS COUNTY SHERIFF'S DEPARTMENTLupe Valdez, Sheriff

Frank Crowley Courts Building133 North Industrial Boulevard, lB-31

Dallas, Texas 75207-4313Phone: (214) 653-3450 Fax (214) 653-3420

Date

TO

FROM

SUBJECT

April 15, 2009

Dallas County Commissioner's Court

Chief Deputy Joseph Costa, Office of General SelVices

FY-2010 Texas ATPA Grant Submission

Background Infonnation

Since 1993, Dallas County has been the recipient of a grant from the Texas Automobile TheftPrevention Authority to combat auto theft. From 1993 to February 10, 1999, the grant, titled theDallas County Commercial Auto Theft Task Force, was administered and operated by the DallasCounty District Attomey's Office. On February t t, 1999, pursuant to a request from the DistrictAttorney, the Dallas Sheriff's Department assumed operational control of the grant.

In FY2000, the grant structure was revised to become a multi-jurisdictional task force. Theoperational area was expanded to include Collin, Dallas, Denton, Ellis, Kaufman and Rockwallcounties under the new grant tnle of the North Texas Auto Theft Task Force (NTATTF).

For FY2003, the ATPA staff requested that we submit a second grant application to create anenforcement unit dedicated to the investigation of auto theft insurance fraud. That grant wassubsequently approved and the Regional Auto insurance Fraud Task Force of North Texas(RAIFTFN1) was formed.

In FY2004, due to the state's budget shortfall, the ATPA's funding allocation was decreased by34%, which was subsequently passed down to the various task forces. This resulted in theelimination of three detectives from the NTATTF, which also reduced our operational areathrough the elimination of Kaufman and Rockwall counties. The budget reduction also eliminatedone detective from the RAIFTFNT .

For FY2005, the ATPA staff recommended that Dallas County consolidate both grants under theNorth Texas Auto Theft Task Force. The NTATTF would then consist of two distinct units withtarget specific missions. The auto theft unit's primary mission will be to investigate commercialauto theft and their related offenses, with a secondary mission to continue to investigate autotheft as a whole within the project area. The insurance fraud unit will investigate "single claim"autotheft insurancefraud.

The purpose of this briefing is to obtain approval from the Commissioners Court to submit aTexas ABTPA grant application for the FY2010 grant period (September 1, 2009 - August 31,2010). The grant application must be received by the ABTPA by May 8, 2009.

30

FY2010 ATPA Grant SubmissionApril 15,2009Page Two

Operational Impact

Tradnionally, auto theft unns focus on passenger vehicle thefts due to this category comprisingthe majority of all auto thefts. Additionally, auto theft is considered a "gateway" crime due to thevehicle being used to commit other crimes (robbery, burglary, and other thefts, etc.). While somelarger agencies and ATPA task forces may have the resources to expand their investigations toinclude the other crimes, the rnejority does not. Jurisdictional restrictions and the lack ofintelligence sharing by law enforcement in general compound this investigative dilemma.

Commercial auto theft, and their related "gateway" crimes, is a category of auto theft that hasgone virtually unnoticed and under-investigated by local law enforcement as a whole throughoutthe state. While the theft of commercial style vehicles (truck-tractors) is relatively low incomparison to passenger style vehicles, one commercial vehicle can be utilized to steal countlesssemi-trailers and cargo containers. Estimates of U.S. cargo theft cost $25 MJion a year, with mostof the thefts occurring in the transportation process.' The theft of the truckltractor is certainly thenexus to other costly crimes. In the past, the FBI took the lead in these investigations due to thepotential for offenses involving the interstate transportation of stolen vehicles/property. However,since the tragiC events of 9-11, the FBI redirected their efforts towards homeland security issues,which further exacerbated this mulli-billion-dollar problem.

The two counties covered by this unit (Collin and Dallas) are the crossroads for ccmmercialvehicle traffic in Texas and the southern portion of the United States. North-south traffic on IH-35and IH-45 and east-west traffic on IH-20 and IH-30 are the major arteries leading to other parts ofthe country. This makes our project area the prime target for commercial auto theft and theirrelated crimes in Texas.

Financial Impact

The total project cost is $1,327,098, which includes $1,012,689 in ABTPA funding and a cashmatch of $314,409. These funding sources pay for all task force expenditures; therefore, there isno financial impact to Dallas County.

Legal Impact

The Texas Automobile Theft Prevention Authority (ATPA) was established by the 72"" Legislaturein 1991 to create a statewide effort for the reduction of vehicle theft through the funding of grantsdedicated to this task. The Commissioners Court must approve the submission of the TexasABTPA grant application.

31

FY2010 ATPA Grant SubmissionApril 15,2009Page Three

Recommendation

It is recommended that the Commissioners Court approve the North Texas Auto Theft TaskForce's submission ofthe FY2010 Texas ABTPA grant application in the amount of $1,327,098.

commended by:U~

32

DALLAS COUNTYCOMMISSIONERS COURT ADMINISTRATIONDEPARTMENT OF PLANNING AND DEVELOPMENT

April 15,2009


THROUGH: Shannon Brown, Acting County Administrator

FROM:

SUBJECT:

Rick Loessberg, Director of PIarming & Development ___

Request to Participate in New Foreign Trade Zone Approval Process

BACKGROUND

DFW International Airport has the legal authority to operate Foreign Trade Zone 39(which also includes its associated nine subzones). Zone 39 is among the busiest zones inthe country with over $2 billion of goods having moved through it last year.

The U.S. Department of Commerce has recently informed DFW Airport that the airportcan utilize a new expedited process for revising and expanding Zone 39 if it establishes apre-designated service area. As DFW Airport is now in the process of preparing thenecessary documentation so that it can actually utilize this new review process, it hascontacted the County about whether it would like to be included in the Airport's predesignated service area.

DESCRIPTION OF FOREIGN TRADE ZONES

There are currently approximately 150 active foreign trade zones (which are utilized bymultiple businesses operating within them) and 250 active subzones (which are utilizedby one specific company) in the U.S. About 2800 firms and 330,000 employees arelocated within these zones. To receive zone/subzone status, an application must besubmitted to the federal FTZ Board. Factors used by the Board to evaluate an applicationinclude the proposed zone's impact on the local economy, the zone's consistency withU.S. trade policy, and whether it is supported by local taxing jurisdictions.

If a zone/subzone application is approved, the property within the zone is considered tobe outside of the U.S. As a result, businesses located within a zone receive the followingeconomic benefits:

• They do not have to pay customs duties on damaged imports;• They do not have to pay local property taxes on inventory that has been

imported or that will be exported;

411 Elm Street, 3'" Floor, Room 313 Dallas, Texas 75202-3301Dallas County Administration Building e-mail: [email protected]

Telephone: (214) 653-7601Telecopier. (214) 653-6517

33

• They do not have to pay duties on imported merchandise until it leaves thezone and enters the U.S. market;

• They do not have to pay any duties if imported merchandise is going to bere-exported; and

• They are allowed to pay the lower tariff when an imported item in anunfinished state has an higher duty than when it is incorporated into a finalproduct.

Because of the nature of these benefits, foreign trade zones are only important tobusinesses that import, export, and/or assemble foreign goods. Firms that utilize DFWAirport's zone include American Eurocopter, Fossil, Motorola, Hitachi, and NECAmerica.

Once granted, zone status remains in effect indefinitely. However, subzone status appliesonly to the firm that has requested it. In the event the subzone firm ceases operations orchanges location, the subzone automatically terminates.

IMPACT ON OPERAnONS

It typically takes about twelve-to-eighteen months to develop a foreign trade zoneapplication and to have it reviewed by the federal government. With the newexpedited/pre-designated service area process, it has been estimated that it may take onlyabout ninety days to develop/have a zone application approved which will be ofsignificant benefit to developers and potential zone users.

Being included in the Airport's pre-designated service area does not change any of thecurrent requirements that a zone application must have the support of the local taxingjurisdictions. As a result, the County will still be asked to review all proposed zoneapplications, and its foreign trade zone policy, which outlines under what conditions theCounty will consider supporting the creation/expansion of a foreign trade zone, willcontinue to be in place.


Foreign trade zones are a mechanism that can help generate economic growth. As theCounty's strategic plan specifically recommends collaborating with regional partners tofacilitate economic development and having the County be the destination of choice forbusinesses and residents, being included in the Airport's pre-designated service area(which will significantly streamline the foreign trade zone application process) isconsistent with this plan.

34

RECOMMENDATION

It is recommended that Dallas County formally request that it be included in the predesignated service area of DFW Airport's foreign trade zone.

cc: Jeffrey Fegan, DFW AirportBill Methenitis, Ernst & YoungJohn Ames, Tax Assessor/Collector

35

DALLAS COUNTYPURCHASING DEPARTMENT

April2!,2009

TO:

FROM:

THROUGH:

SUBJECT:

Commissioners Court

Linda S. Boles, Assistant Purchasing AgentP

Gloria Torres, Senior Buyer

Request for Proposal for Transitional Housing

BackgroundA request for proposal has been written seeking solicitations from firms or organizations to provide transitional housing for theDallas County Community Supervision and Corrections Department (CSCD). In accordance with County policy, the purposeof this briefing is to request authorization to proceed with soliciting requests for this service..

Operational ImpactThe purpose of this solicitation is to seek qualified vendors to provide room and board, meals and transportation to adultoffenders. It is estimated that 240 offenders annually will be placed in these type facilities for a maximum of 60 days. Therating criteria and points assigned are as follows:

CriteriaA Cost to CSCD for servicesB Vendor's qualifications, including licenses and certifications and documented

experiences and accomplishments in providing similar services to the targetpopulation since January 1,2004

C Additional Services ProvidedD Thoroughness of the proposal and the extent to which the proposal

meets the requirements for servicesE Vendor's proposed self-evaluation/monitoring proceduresF M/WBE Compliance

Total

Points2520

2010

1015

100

The proposals will be evaluated and scored by representatives from the CSCD and the Auditor's Office. The l\1IWBE Officerwill solely score the MIWBE participation forms. The Evaluation Committee will review and score each proposal. LocalGovernment Code, Chapter 140.003(b) requires that an adult probation department follow the same procurement method used bythe County. Therefore, the release of the request for proposal is being briefed to Commissioners Court However, the award willbe determined and the contract executed by Dallas County Community Supervision and Corrections Department.

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

RecommendationIt is the recommendation of the Purchasing Department that the Commissioners Court approve the attached Request for Proposalfor Transitional Housing and authorize the Purchasing Department to advertise solicitations in accordance with localprocurement laws.

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

36

DALLAS COUNTYRFP #2009-xxx-xxxx

REQUEST FOR PROPOSAL FORTRANSITIONAL HOUSING

REQUEST FOR PROPOSAL DUE

MAY 11,2009 @2:00P.M.

DALLAS COUNTY PURCHASING DEPARTMENTATTN: Gloria Torres

509 Main Street, 6 TH Floor. Room 623Dallas, Texas 75202

37

REQUEST FOR PROPOSALS

Read this entire document carefully and follow all instructions. You are responsible for fulfilling allrequirements and specifications.

I. Introduction

The Dallas County Community Supervision and Corrections Department (hereafter calledCSCD), a political entity ofthe Judicial District, is seeking vendors to provide Transitional Housingservices to individuals' participating in the CSCD Community Continuum ofCare's (4C program).Bidder must supply proofoflocal consent (certificate ofoccupancy) to operate such a facility withthe response to this RFP. Thereafter, the bidder must maintain said local consent throughout theterm ofthe ensuing contract. CSCD requires the vendor to comply with all applicable Federal, Stateand Local standards necessary to operate a transitional housing facility.

Placement of clients lies exclusively with the CSCD, acting on behalf ofthe judges tryingcriminal cases. The CSCD provides an authorization number for each client referred for placement,and shall specify the number ofdays that the transitional housing is authorized. At no time shall theauthorization exceed 60 days. Typical services sought by the CSCD include, but are not limited to,room and board and transportation to and from court. CSCD also refers non-English speakingclients for services; Vendor should indicate their capacity to accept those types ofreferrals.

The selected vendor shall be responsible for providing proof of general and professionalliability insurance as applicable. If applicable the vendor shall provide, and properly maintain,vehicles to transport residents and shall be responsible to secure and maintain automobile liabilityinsurance on such vehicles at all times.

Authority

The Texas Department ofCriminal Justice (TDCJ) establishes, sets standards, and providesfunding for the CSCD Community Continuum of Care (4C Program). TDCJ also authorizes thepayment offunds to CSCDs to contract with vendors for the delivery ofvarious community-basedservices, including transitional housing services.

The CSCD implements programs in accordance with the orders of the criminal courts,community justice plans, and applicable state law. Programs are utilized to accomplish the missionofthe CSCD, which includes at least the following:

I. Protect the public interest and safety of the community;2. Provide services to the courts in the enforcement of their orders;3. Provide services that meet the needs of offenders placed on community supervision and

assist them in becoming law-abiding citizens;4. Provide programs and activities designed to reduce the impact of crime;5. Provide alternate sanctions and options to the court for sentencing and supervision.

2 Request for Proposal

38

Qualifications to Submit a Proposal

Proposer must have adequate financial resources, insurance, and legal authority to contractfor and furnish transitional housing services. Proposers must submit all appropriate facility,program, and individual licenses and credentials as required by local state and federal statutes.CSCD will consider the proposer's experience in operating and managing a transitional housingfacility. A minimum ofthree years of direct experience providing transitional housing services isrequired; a minimum of five references must be submitted.

Submittal of Proposals

One original and six (6) CD copies of the proposals are to be submitted by 2:00 P.M.,MONDAY, MAY 11,2009 to

Dallas County Purchasing DepartmentAttn: Gloria Torres509 Main Street, Room 623Dallas, Texas 75202.

Proposals will be considered late ifclocked-in at 2:01 p.m. The Purchasing time clock is the officialclock.

The Proposals shall be clearly marked "REQUEST FOR PROPOSAL FOR TRANSITIONALHOUSING" on the outside of the sealed proposal to be considered. Proposals should be submittedin sealed packaging, marked and addressed as directed.

By submitting a response to this RFP, the proposing Firm represents that it has read and understandsthe requirements of this RFP and that the response is made in accordance therewith. Any proposalthat does not adhere to these requirements may be deemed non-responsive and rejected on that basis.

All proposals must be in sealed envelopes/boxes and must be labeled. Original proposal mustreference the RFP number, be clearly marked ORIGINAL, and contain all original signatures.

Late proposals will not be accepted and will returned to the bidder unopened. Dallas CountyPurchasing Department will not be responsible for unmarked proposals, improperly markedproposals, or proposals delivered to the wrong location.

Proposals may be withdrawn at any time prior to the official opening. After the officialopening, proposals will become the property of CSCD. No modifications to a proposal will beaccepted. Ifmodifications are necessary prior to opening for any reason the proposer may withdrawthe proposal and submit a new proposal.

CSCDreserves the right to accept or reject in part or in whole any proposals submitted and to waiveany technicalities in the best interest of the CSCD.


39

Due care and diligence has been used in the preparation ofthis information, and it is believed to besubstantially correct. However, the responsibility for determining the full extent ofliability and theverification of all information presented herein shall rest solely with the proposer. CSCD and itsrepresentatives will not be responsible for any errors or omissions in these specifications nor for thefailure on the part of the proposer to determine the proposers full extent of liability if a proposal issubmitted.

The proposer shall not be allowed to take advantage ofany errors or omissions in the specifications.Where errors or omissions appear in the specifications the proposer shall promptly notify Dallas

County Purchasing in writing of the error or omission it discovers. Any significant errors,omissions, or inconsistencies in the specifications are to be reported no later than ten (10) daysbefore time for bid proposal submission deadline.

Overview

Any contract offered from this RFP would be a PER CLIENT PER DIEM contract with costjustification. Proposers will ensure that only reasonable and allowable costs will be used in the costjustification. Ifproposal is accepted and unallowable or unreasonable costs are expended during thecontract period the provider may be subject to contractual and criminal sanctions. The requirementslisted in the attached service contract shall become binding to the selected vendor.

The proposal submitted in response to this RFP, ifaccepted, will become the Operations Plan. Theproposal will become legally binding upon the provider as the process by which the residentialservices are provided under any contract.

Proposers with multiple contracts with state or local governments or other agencies will developaccounting processes that allow for verification of rates. This may include indirect cost rates orcost pooling.

Proposers will follow all U.S. Office of Management and Budget Circulars as applicable.

Providers will submit invoices, once per month, for payment for services to the CSCD. Agencieswill be required to use the forms and procedures specified by the CSCD. Proposers may be requiredto submit billing electronically as requested by CSCD.

The selected vendor shall operate, maintain and manage the Facility in compliance with applicableLocal, Federal and State Constitutional requirements, laws, codes and court orders. As perGovernment Code Chapter 76.017 section (e), services provided to offenders referred to the Facilityare billable ifno other public or private funds are available to that client.

The prices quoted in response to this RFP should be for the full cost of transitional housing. Anyother funds (including client participant fees) available to the proposer from public or privatesources shall be deducted from the total billable amount to the CSCD if proposer is offered acontract.


40

Proposals shall be opened so as to avoid disclosure ofthe contents to competing offerors. Detailswill not be publicly disclosed until all ensuing negotiations have been completed and contractualagreements have been executed as allowed by law.

The CSCD reserves the right to negotiate contracts with the multiple vendors dependent on the typeofservices being offered and needed. CSCD reserves the right to accept the proposals presenting thebest offer.

Contract Period

Selected vendors will be initially awarded a seven (7) month contract effective June I, 2009, throughDecember 31,2009. Prices must be firm for the entire contract period. Services provided willbe paid from the appropriate fiscal year funds provided by the Texas Department ofCriminal Justice.Contracts are subject to availability ofTDCJ funds. All representations made by the department aresubject to the availability oflegislative appropriations and do not represent an obligation on the partofthe Judicial District, State ofTexas, the Texas Board ofCriminal Justice, or the Texas Departmentof Criminal Justice - Community Justice Assistance Division.

CSCD reserves the right to negotiate with the selected vendor for additional housing related servicesduring the contract period. This is expressly conditioned on the requirements that: (I) both partiesenter into and execute a written contract amendment or new contract, that address the additionalservices; (2) vendor obtains, or has all, appropriate licenses and authority to provide these servicesand (3) the these services are needed in the best interest of the CSCD, as determined in the CSCD'ssole discretion and judgment.

Renewal Options:

CSCD, at its discretion and upon mutual consent of all parties involved, may choose to renew thiscontract for three (3) additional twelve month periods based on fiscal year funding or appropriation,existing terms, conditions and prices set forth in the original award or as amended by CSCD. Eitherparty, CSCD or Contractor, may terminate the contract upon a thirty (30) day written notice.

Il. Residential Services Minimum Requirements

The proposer shall, in accordance with the terms ofthis RFP and subsequent contract (ifaccepted asa vendor), provide all necessary personnel, equipment materials, supplies, and services.Additionally, ihe proposer shall do all things necessary for, or incidental to, the provision oftransitional housing services listed in this RFP. Proposers are expected to follow all guidelines,rules, and regulations that are applicable to transitional housing agencies. Service providers areexpected to actively involve supervision officers in the management ofclients through both writtenand verbal communication regarding clients' participation in transitional housing programs andservices.

Transitional Program Guidelines

Qualified vendors must provide a sober living environment for probationers who have no housing


arrangement or are living in a situation that is not conducive to maintaining a drug, alcohol, andcrime-free lifestyle. The house must meet the requirements set forth by CSCD, which is described indetail below. It is anticipated that the length ofstay in transitional housing will not exceed 60 days.Even though CSCD is not requiring the provision of any ancillary services other than room, board(meals etc.), transportation to and from the court including initial pickup at enrollment andsupervised dispensation ofmedication will be required. Vendors will need to make relevant staffbeavailable for court or other staffing purposes with a 24 hour notice. Preference will be given toagencies that provide additional services such as:

I. Substance abuse education and treatment2. Anger management3. Domestic violence workshops4. Cognitive and life skills development5. Parenting and family reintegration6. Community Service7. Educational services/GED preparation8. Budgeting and money management-9. Job readiness and job search10. Discharge planning and aftercare

All Proposals must address the following areas:

I) Site layout with a building floor plan detailing sleeping areas, common resident facilities,etc.

a) Where located?i) Meets all state, county and city ordinances.ii) Proximity to educational and vocational opportunitiesiii) Proximity to social services and employment or easy access to publictransportation

b) Have all local zoning/housing requirements been met?

i) Must provide appropriate paperwork including any zoning approval andoccupancy permit

c) Is the facility ready for habitation?i) If not currently ready, what is proposed date for habitation?

d) Does facility provide individual living space for each offender?

e) How many offenders can the facility serve?

f) Does facility provide adequate toilet, sink and shower resources?

g) Can access to facility be limited to one entrance/exit (with appropriate fire exits)? And


42

can that entrance/exit be easily monitored by one staff?

h) Is facility ADA (American Disability Act) compliant [i.e. handicap accessible]?

i) Does facility provide an opportunity for probationer to prepare own meals and providea place to secure their own foodstuffs?

2) Staffing plan

a) To include housing support staff (staffthat will monitor offenders andprovide direction to offenders seeking assistance from community

sources)

b) Description ofmonitoring plani) On site, overnight monitoring-how will this be accomplished?ii) Documented checks offacility by staff each day include times.

c) The program shall have enough staff to meet services/treatment needswithin the context of the program description. A person or persons shallbe designated to administer prescribed medication. Your response willincludei) number of full and/or part-time employeesii) job classificationsiii) job responsibilities during shift; andd) staffing pattern for each day of the week.

3) Agency Policy and Procedure manual or an equivalent document, to include:

a) Resident rules and regulations

b) Personnel policyi) Staff code of ethicsii) Hiring practices and volunteer recruitment, to include state and

nation -wide criminal background checks of staff and volunteers

c) Resident grievance policy and appeal process

d) Examples of sign in and out logs (include column for overnight absence),intake forms, etc.

4) Requested per diem

To include a breakdown of proposed cost of providing the service and any additionalexpected funding sources [costs may include, but are not limited to: staff, utilities, rental,equipment, and insurance]. Note: agency is not permitted to benefit financially fromoffender's personal funds or resources while reimbursed by CSCD for offender housing


43

including food stamps, Medicaid, etc.

5) Any additional pertinent information

a) May include description of agency philosophy, plans for future expansionof facility, etc.

6) Agencies may permit offenders to reside in facility more than 60 days ifthey so choose,by allowing tbe offender to pay for his own residence after that time.

III. Proposal Submission Requirements

General

1. Each proposal must be in the format described in this RFP. Proposals must be typed orprinted on standard (8 112"x II ") paper. Pages must be numbered and a table of contentsmust be included in the format required by this RFP.

2. Each proposal must respond to all portions of the RFP.

3. Once a proposal has been submitted the proposer may not submit changes, amendments, ormodifications. The proposer may, however, withdraw and resubmit a proposal anytime priorto the final date and time set for receipt ofproposals. The CSCD, in its sole discretion, afterthe time set for receipt ofproposals may negotiate a change, amendment, or modifications toits advantage.

4. Each proposal shall be valid for 90 calendar days after the opening date of the proposal andshall constitute an irrevocable offer to the CSCD for the 90-calendar day period. The 90calendar day period may be extended by mutual agreement of the parties.

5. The CSCD reserves the right to waive, change, add, or delete any terms or conditions ofthisRFP. The CSCD reserves the right to waive any technicality noted in the submissionprocess. Submission of proposals confers no legal rights upon any proposer. CSCDreserves the right to reject any or all proposals or portions ofproposals submitted in responseto this RFP.

All proposals become the property ofthe CSCD. The CSCD reserves the right to use, for itsbenefit, ideas contained in the proposals submitted. The CSCD is not liable for any costs orany damages that may be incurred by proposer or prospective proposer in the preparation,formulation or presentation of a proposal. In case ofambiguity or lack ofclarity, the CSCDmay adoptsuch interpretations as may be advantageous to the CSCD. Any justified requestfor proposer information to remain confidential after the contract award will begranted to the proposer as allowed by law.


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6. After opening ofproposals and prior to award, the CSCD reserves the right to make a preaward site visit of any or all proponent's facilities to be used in the performance of workunder this solicitation. Proposer agrees to allow all reasonable requests for inspection ofsuch facilities with two (2) days advance notice. Failure to allow such an inspection shall because for rejection of proposals as non-responsive. The CSCD reserves the right to rejectfacilities as unacceptable for performance under this solicitation as a result ofsuch site visitsurvey.

7. The proposer's past performance may also be used for purposes of evaluating proposer'ssuitability for award under this solicitation.

8. Products and services not specifically mentioned in this RFP, but which are necessary toprovide the service described by this RFP shall be included in the proposal. It is intendedthat this RFP describe the requirements and response format in sufficient detail to securecomparable proposals.

9. Proposals should not contain promotional or display materials except as they may directlyanswer questions contained in the RFP. Such exhibits shall be clearly marked with theapplicable reference number of the question in the RFP.

10. Ifany person contemplating submitting a proposal for this contract is in doubt as to the truemeaning ofthe specifications or other proposal documents or any part thereof, he/she maysubmit a request for clarification to the Dallas County Purchasing Department on or beforeMay 1, 2009. All questions, comments and requests for clarification must reference theRFP number on all correspondence to Dallas County. Any oral communications shall beconsidered unofficial and non-binding.

Only written responses to written communication shall be considered official and bindingupon the County. The County reserves the right, at its sole discretion, to determineappropriate and adequate responses to the written comments, questions, and requests forclarification.

All addendums and/or any other correspondence (general information, question andresponses) to this RFP will be made available exclusively through the Dallas Countywebsite for retrieval. Vendors are solely responsible for frequently checking thiswebsite for updates to this RFP. Addendums to this RFP can be located at thefollowing web address: http://www.dallascountv.org/departmentlpurchasing/currentbids.html (goto the appropriate RFP #, click on the appropriate hyperllnk for viewing and/ordownloading.)

Proposal Format Requirements

Each section of the proposal must be clearly designated (by using tabs) to make the informationreadily accessible. If requested information does not appear in the appropriate section, thatinformation may be counted as missing during the proposal review process. All proposals shall besubmitted in the following format:


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A. Cover Page: Include a cover page with vendor name, address, contact, telephone numberand email address.

B. Summary Sheet(s): brief summaries (I page each) of the proposal relating to:1) Identification ofproposer; and2) Proposer's statement of understanding of the proposal, program objectives, CSCD

objectives, and3) Reasons or explanations for any exceptions noted on the cover page.

C. Attachments: Shall include all information required ofeach proposer in the following order:I) Required Information;2) Proof ofliability insurance;3) Proof of all licenses including Texas DSHS and ACA licensure, if applicable, to

operate this type of facility;4) Certificate ofoccupancy, as outlined in Chapter 244 ofthe Texas Local Government

Code:5) Costs

a) Specify the per diem rate (unit price) for services provided.b) Specify if unit price will vary based on the number served (i.e. 10 housed

will cost x, 20 housed will cost y).c) All proposed cost must be reasonable and necessary for providing services

stated in RFP and shall not include any of the unallowable costs. Nounallowable cost shall be included as justification for the provision ofresidential services. Unallowable costs include but are not limited to:

i) Any item unallowable by State or any authorized agency, statute,policy, or procedure;

ii) Alcoholic beverages;iii) Bad debts;iv) Building and Land purchases, rental purchase, lease purchase,

renovation;v) Cash payments to intended recipients of Services;vi) Expenses or reimbursements to or on behalf of related entities for

allowable indirect costs;vii) Expenses or costs reimbursed by other funds with respect to amounts

paid by CSCD for services;viii) Fines and Penalties;ix) Fundraising;x) Legislative expenses for payment to any elected official from funds

received from CSCD;xi) Lobbying;xii) Payments to or on behalf of individuals related to principals of any

affiliated organization(s) or to their employees, unless as allowableindirect costs or unless specific approval is received from CSCD;

xiii) Tobacco products; and,


46

xiv) Firearms or ammunition.

6) Other information required from proposer by this RFP.

Required Information

Specific information that details how the vendor will satisfy all the requirements set out inthis RFP. Include, but do not limit to, describing eligibility criteria for clients, include anyspecial client characteristics (i.e, level ofintellectual functioning, homeless, type ofoffense,etc.) as well as which clients would be ineligible (offense categories, criminal history, etc.),Proposers must include information on how they will avoid denial of services to personscovered under the Americans with Disabilities Act.

Program Operations Plan

1. Describe the experience your agency has in treating the criminal justice population.Include if you have served this department under previous contracts.

2. Describe all services provided, and specify ifall services are provided to all referredclients.

3. Describe services, goals and objectives, including how an individualized clienttreatment plan is developed. Describe the elements ofthe treatment plans. Describeother,types of treatment plans you will use.

4. Describe all clients' responsibilities while participating in treatment. Describe rulesand regulation for client conduct to be implemented while residing in the Facility.

5. Specify requirements for residential treatment services:

a. Describe procedure and information necessary for an offender to be admittedto your facility.

b. Describe and specify any diagnostic assessments that will precede programservices and/or treatment. Describe any post-program service and/ortreatment assessment that will be conducted. Describe how particularassessments will be utilized.

c. Describe how and in what time frame an individualized client treatment planis developed.

d. Describe minimum/maximum lengths ofprogram participation.


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e. Describe how client progress is measured while participating in yourprogram. What criteria are used to determine when to release a client early orrequest extensions?

f. Describe communication process and frequency ofcommunication betweenfacility staffand supervising community supervision officers (by telephone,written reports). Specify if communication process or frequency will varyduring duration of service/treatment.

g. Describe client discharge/termination procedure (successful/unsuccessful)from your program. Include if certificates of completion will be providedand, ifso, procedure to provide certificate to client and notification procedureto supervising community supervision officer.

h. Describe staff to client ratio. Describe client supervision procedures

l. Provide copies of all state licenses/certificate, including expiration andrenewal dates.

J. Describe client files, format, frequency of entries, etc.

Program Performance Measures

Describe at minimum your system ofprogram measures to include at least the following.

1. Outputsa. Total Number Served;b. Total number of successful program completions;c. Total number of days of treatment provided; and,d. Other output measures.

2. Outcomes- To include immediate and long-term outcomes that are specific to theprogram / service.

3. Describe any performance measures your program uses in accomplishing its goals.

Additional Information Required of Proposer

Each proposal shall contain the following information:

J. Name, title, and telephone number ofproposer's contact person for all inquiries. Thecontact person shall be responsible for fielding all inquiries from the CSCD andproviding the proposer's response.

2. Business and employee information:a) Names and addresses ofproposer's principal officers, directors, or partners.


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b) If an employee or officer is actively or previously on CommunitySupervision in the State ofTexas, on Parole, or convicted ofa felony offensein any state, please give name, address and basic employment information.

c) A copy of proposer's most recent financial statement (i.e., monthly,quarterly) and most recent audited financial statement each to includecorresponding balance sheet, income statement and statement of cash flow.Proposer must include an affidavit certifying that proposer is a duly qualified,capable and otherwise bondable business entity, that proposer is not inreceivership or contemplates same, and has not filed for bankruptcy.

d) A brief biography and complete resume of the person or persons who willoperate/manage the services provided by proposers.

e) Proposer's organizational chart.

3. The name and address ofthe proposer's insurance carrieres), along with statement(s)from proposer's insurance carrier(s) that insurance as specified in this RFP is eitherin force or available upon proposer's request.

4. Complete reference information for all public and private institutions or agencies towhich the proposer provides or has provided similar services; specify date ofservicecontracts and current rates for contracted services.

5. Provide a list ofany civil lawsuits filed or pending on or after January I, 1989, whichare against or on behalf of the proposer or of its employees in connection with theirstatus and/or conduct as employees or any of its subcontractors in connection withtheir status and/or conduct as subcontractors.

6. A list ofany criminal cases (class B Misdemeanor or greater) filed or pending on orafter January I, 1989, in which the proposer or any of its employees in connectionwith their status and/ or conduct as employees or any of its subcontractors inconnection with their status and/or conduct as subcontractors have been charged orconvicted.

7. Other organizational, biographical, or financial information deemed relevant by theproposer.

8. Describe when services could begin.

9. Describe, in detail, additional services, such asjob placement efforts and vocationaltraining, which will be made available to residents as a part of the programrequirements.

IV. After Proposals Are Opened

Proposal Evaluation Factors


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The CSCD will consider many evaluation factors (ofwhich cost is only one factor) and will receiveproposals from all responsible applicants. The objective ofthe CSCD is to enter into a contract withthe best applicant(s) at the best price. Weighted evaluation criteria, utilizing a numeric score, will beused to review the proposals. The review process may include an opportunity for a brief oralpresentation by the proposer before the CSCD Evaluation Committee.

Proposal evaluation elements include but are not limited to the following:

A. The proposed price per unit of service.

B. The manner in which the minimum requirements are met and the extent to which theserequirements are exceeded.

C. Completion of all aspects of this request for proposal.

D. Bidder's qualifications: Experience / Licenses / Certifications ofmanagement and staff.

E. Evidence ofprevious accomplishments in providing transitional housing services within thelast five (5) years. Experience working with the target population.

F. Proposed contractual terms and conditions. In considering the proposals, the CSCD reservesthe right to select the acceptable applicant who offers contractual terms and conditions mostfavorable to the CSCD including price per day.

G. Services activation and time frame dates.

H. Proposer's program evaluation / monitoring procedures.

1. Financial resources ofthe proposer.

1. The review process may include an opportunity for a brieforal presentation by the proposerbefore the CSCD Review Committee. If necessary, oral presentations will be scheduled.

Evaluation Factors

CSCD will consider many evaluation factors and will receive proposals from all responsibleapplicants. The objective of the CSCD is to enter into a contract with an applicant that proposes thebest services at the best price. A weighted evaluation, ntilizing a numeric score, will be used toreview the proposals. The review process may include an opportunity for a brieforal presentation bythe proposer before the CSCD review committee. The evaluation factors are as follows:

A.

B.

FACTOR

Cost to CSCD for Services

Vendor's qualifications, including licenses and certifications, and

SCORE

25 points

20 points


aU

documented experiences and accomplishments, in providing similarservices to the target population since January 1,2004

c.

D.

E.

F.

Additional Services Provided

Thoroughness of the proposal and the extent to which the proposalmeets the minimum requirements for services

Vendor's proposed self-evaluation/monitoring procedures

Minority and Female ParticipationCertified (NCTRCA) Minority/women - Prime Contractor (6)Utilization of Certified MlWBE Sub-contractors (6)EEO policy compliance (3)

TOTAL POSSIBLE POINTS

20 points

10 points

10 points

15 points

100 points

Negotiation of Rate, Cost Justifications, and Contract Size

Will be based on TDCJ-CJAD notification of funding to CSCD for the 4C Program.

Following the CSCD's Selections ofProposer(s)

The proposal submitted in response to this RFP becomes the Operations Plan. This document willbe used in monitoring adequate provision of service. The proposer will enter into a writtenagreement for service, which in addition to the specifications included in this RFP will also includeat least the following provisions:

A. Independent Contractor and Indemnification

I. The Vendor shall be an independent contractor and shall exercise all rights and privilegesunder this Agreement, as such, and in no way is Vendor or any ofits agents, subcontractors, oremployees to be considered officers, servants, or employees of the CSCD or Judicial District.The CSCD shall neither have nor exercise any control or direction over the employees, agentsor subcontractors of Vendor.

2. Vendor shall indemnify, and holds harmless the CSCD, its offices, directors, employees andother staff, from and against any and all claims, damages, losses, liabilities, suits, actions,demands, proceedings, whether legal or administrative, and expenses, including but not limitedto attorney fees, arising directly or indirectly out ofany breach ofagreement, misrepresentation,misconduct or negligence on the part ofproposer or its employees, agents or subcontractors,whether such act ofomission or commission results in liability which is wholly or partially thatofthe proposer.

B. Liability and Other Insurance Coverage


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1. Proposer shall maintain liability insurance coverage and other necessary insurance coveragebased on the limits forth in this RFP, refer to the Provision ofInsurance section.

2. Proposer shall deliver or have delivered to the CSCD certificate(s) and or policy(ies) ofinsurance upon execution ofa contract. Any updates on certificate(s) and/or policies mustalso be delivered to the CSCD.

3. Proposer's compliance with the insurance requirements shall not relieve proposer from anyliability.

C. Non-Discrimination

1. In the performance of any agreement between the CSCD and proposer, proposer warrantsthat it will not discriminate against any employee or subcontractor on account ofrace, sex,religious creed, age, national origin or handicap. Furthermore, proposer agrees not todiscriminate against any client or the CSCD referred defendants on account of race, color,religious creed, ancestry, age, national origin, or mental and physical disability. Withrespect to non-discrimination and equal opportunity, all notices, advertisements andsolicitation placed by proposer will be in accordance with federal law, rules or regulations.

2. Proposer shall include the provisions of the foregoing paragraph regarding nondiscrimination and equal opportunity in each of its agreements with subcontractors so thatsuch provisions will be binding upon each subcontractor.

D. Compensation to Proposer

1. Proposer shall deliver a monthly invoice to the CSCD immediately following each monthofservice. The bill must be received by the CSCD by the 10'h working day ofthe month forprocessing. Proposer shall include with its invoice, a list that includes the identity ofeachoffender served and the services provided. The Dallas County Fiscal Officer will makepayment to proposer. Electronic filing ofbills may be required.

2. The CSCD reserves the right to withhold payment to proposer or to require proposer toreturn payments received from the CSCD in the event proposer's performance does notcomply with the provisions of the subsequent Agreement or does not comply withapplicable CSCD, TDCJ-CJAD standards, regulations or policies. Proposer agrees to returnany unearned amounts paid by the CSCD within thirty (30) days following the final date ofthe contact period, or at the CSCD's option, within thirty (30) days following the CSCD'sdelivery to proposer of a notice to proposer that amounts paid are to be returned to theCSCD.

E. Restriction Regarding CSCD Employees and Agents

It is understood that the employees ofthe CSCD or individuals acting as agents ofthe CSCDare not authorized to receive any type ofpersonal payment, reimbursement, compensation,commission, gratuity, or gift for services provided under this Agreement. Proposer warrants


52

that no employee or agent of the CSCD has been or will be retained to solicit or secure thisAgreement and that proposer has not paid or agreed to pay and will not payor agree to payany employee or agent ofthe CSCD any fee, commission, percentage, brokerage fee, gift orany other consideration, contingent upon the making ofthis agreement with the CSCD or asan inducement for entering into any agreement with the CSCD. The unauthorized offeringor receipt of such payments may result in the immediate termination of any current andfuture agreement.

F. Access to Records and Information

Proposer agrees to furnish to CSCD andlor the Texas Department of Criminal Justice(TDCJ) such information as may be requested which relates to the services proposerprovides. Proposer shall permit CSCD andlor TDCJ to audit/inspect records and reports,review services andlor evaluate the performance ofthese services at any time. Proposer shallprovide reasonable access to all the records, books, reports and other necessary data andinformation needed to accomplish reviews ofprogram activities, services and expenditures.

G. Termination

Either party may terminate the proposed agreement without cause with thirty (30) dayswritten notice to the other party. Such notice oftermination will be by registered or certifiedmail, return receipt requested and will be deemed given upon receipt of such notice by theother party.

H. Any Agreement Subject to Availability ofFunds

Any proposed agreement will be subject to the availability of funds as appropriate by theState Legislature and as made available by the Community Justice Assistance Division oftheTexas Department of Criminal Justice. If such funds become reduced or unavailable, thisagreement shall be subject to immediate modification, reduction or termination.Notwithstanding anything to the contrary within this agreement, if at any time during theterm of this agreement, TDCJ-CJAD fails to provide funding for this program for thefollowing fiscal year this agreement is terminated without any further liability, effective as ofthe earlier of: I) the last day of the current fiscal year of the CSCD, or 2) thirty (30) daysafter CSCD notifies proposer in writing ofsuch failure to fund and of the need to terminatethe Agreement.

1. Severability

Ifany provision is found to be invalid, the remaining provisions shall nevertheless remain ineffect. Each paragraph and provision ofany Agreement between the CSCD and the proposershall be serverable from the entire Agreement.

J. Governing Law

This contract agreement shall be governed by and construed under the laws of the State


53

of Texas, and all obligations of the parties created hereunder are performable in DallasCounty, Texas. In any legal action arising from this agreement, the laws of Texas shallapply, and exclusive venue shall lie in Dallas County, Texas.

L. Transitional Residential Services Billed According to Midnight Strength Rule

Programs will bill CSCD for clients according to the Midnight Strength Report. MidnightStrength Report means the official numerical count of the number of Defendants who areresidents present at the Facility at the end of each day calculated at 12:00 midnight. That,number shall not include any defendants who were previously removed on that day unlessany such Defendant is on a temporary leave for less than forty-eight (48) hours, in whichcase they shall be included.

M. Performance Measures

The proposer will document performance measures and evaluation criteria submitted as theOperations Plan. The CSCD can negotiate with the proposer during the term of thecontract to establish new performance measures or evaluation criteria that both parties agreereflect quantity or quality of service.

V. Fiscal Year 2009 Ceiling Rates

The TDCJ-CJAD approved statewide ceiling rates for adult offenders placed on CommunitySupervision were:

Type of Service

Residential BedIDay

18

$28.00

Request for Proposal

54

GENERAL INFORMATION

AMBIGUITY, CONFLICT OR OTHER ERRORS IN RFP: If a vendor discovers anyambiguity, conflict, discrepancy, omission or other error in the RFP, he shall immediately notify theCounty of such error in writing and request modification or clarification of the document.Modification will be made by issuing an addendum. Written notice will be given to all parties whohave been furnished the RFP without divulging the source ofthe request for same.

If a vendor fails to notify the County prior to the date and time fixed for submission ofproposal ofan error or ambiguity in the RFP known to him, or an error ambiguity that reasonably should havebeen known to him, he shall not be entitled to additional compensation or time by reason of theerror/ambiguity or its late resolution.

The County may also modify the RFP prior to the date and time fixed for submission ofproposals byissuance ofan addendum to all parties who have received the RFP. All addenda will be numberedconsecutively beginning with I.

PROPOSAL PREPARATION COST: Cost for developing proposals are entirely theresponsibility ofthe vendors and shall not be chargeable to the County of Dallas.

DISQUALIFIED OFFFERS: Offers submitted by fax submission will not be accepted. DallasCounty reserves the right to reject any Offer submitted in any manner other that that specified inthis RFP. Offers submitted after the due date/time will NOT be considered.

ACCESS TO RECORDS AND INFORMATION: Contractor agrees to furnish to Dallas Countyinformation as may be requested which relates to the services the Contractor provides. Contractorshall permit Dallas County to audit/inspect records and reports, review services, andlor evaluate theperformance of these services at any time. Contractor shall provide reasonable access to all therecords, books, reports, and other necessary data and information needed to accomplish reviews ofprogram activities, services and expenditures.

PROPOSAL OBLIGATION: The contents ofthe proposal and any clarification thereto submittedby the successful vendor shall become part of the contractual obligation and incorporated byreference into the ensuing contract.

IMPLIED REQUIREMENTS: Products and services not specifically mentioned in this RFP, butwhich are necessary to provide the functional capabilities described by the vendor, shall be includedin the proposal.

COMPLIANCE WITH RFP SPECIFICATIONS: It is intended that this RFP describe therequirements and response format in sufficient detail to secure comparable proposals. The responsemust coincide with the format ofthe RFP.

DISPOSITION OF PROPOSAL: All proposals become the property ofthe County and will notbe returned to the vendor. Dallas County reserves the right to accept or reject, in part or in whole,any proposals submitted, determine compliance and to waive any technicalities or irregularities and


55

to make award in the best interest ofDallas County.

DISCLOSURE OF PROPOSAL CONTENT: Pursuant to Texas Local Government Code Section262.030, proposals shall be opened so as to avoid disclosure ofcontents to competing offerors. It isDallas County's intent not to release details ofthe proposals until all ensuing negotiations have beencompleted and contractual agreements have been executed.

COMPLIANCE WITH RULES, REGULATIONS, POLICIES AND STANDARDS: Theselected vendor(s) shall be required to adhere to all policies, procedures, rules, regulations andstandards ofvarious Federal, State, County and City agencies, departments or commissions. In suchcase, adherence to their current policy, procedures, regulations, rules or standards, any futureamendments to same, as well as any successors to such rules, regulations, procedures, policies andstandards.

LOSS, DAMAGE OR CLAIM: The Contractor agrees that it will protect, defend, indemnify,and save whole and harmless the County and all of its officers, agents, and employees from andagainst all claims, demands, causes or action, damages, judgments, loss and expenses, includingattorneys fees, of whatsoever nature, character, or description that any person or entity has ormay have arising from or on account of any injuries or damages (including but not restricted todeath) received or sustained by any person, persons, or property, on account of, arising out of, orin connection with the performance of the work, including without limiting the generality of theforegoing, any negligent act or omission of the Contractor or any agent, servant, employee orsub-contractor of the Contractor in the execution or performance of this Contract. Contractorfurther agrees to protect, indemnify and hold County harmless against and from any and allclaims and against and from any and all loss, cost, damage, judgments or expense, includingattorneys fees arising out the breach of any of the requirements and provisions of this contract ofany failure of Contractor, its employees, officers, agents, contractors, invitees, or assigns in anyrespect to comply with and perform all the requirements and provisions hereof.

AWARD: An award resulting from this RFP shall be made to the most responsive and responsibleOfferor whose proposal is determined to be the most advantageous to the County, taking intoconsideration evaluation factors contained herein. Dallas County reserves the right to award thisRFP to multiple providers. The County will be the sole judge as to whether an Offeror's proposalhas or has not satisfactorily met the requirements of this RFP.

TEST SAMPLES: Upon request by Dallas County, bidders agree to furnish samples and/ordemonstrations of products bid, as applicable. The product(s) requested will be furnished at noadditional cost to Dallas County and will be of sufficient amounts and/or time frames agreed byCounty and bidder to ensure effective testing ofthe product(s). Any testing product used beyond theagreed upon amount or time frame may be considered for payment by Dallas County, if in the bestinterest ofthe County. Any product that fails testing shall be considered sufficient reason to rejectthe bid or product. Any product used by Dallas County, during the contract period that does notperform as specified and/or approved during testing shall be considered grounds for cancellation ofthe contract.


56

CONTRACTUAL DEVELOPMENT: The contents ofthe RFP and selected Firm's proposal willbecome an integral part of the contract but may be modified by provisions of the contract asnegotiated. Therefore, the Proposal Firm must be amendable to inclusion in a contract of anyinformation provided (in writing) either in response to this RFP or subsequently during the selectionprocesses.

FEE REQUIREMENTS: Fees for services must include all cost elements.

INDEMNIFICATION: To the fullest extent allowed by law, Contractor agrees to indemnifyand hold harmless County, County Commissioners, County Judge, the County's electedofficials, director, employees, agents and representatives (hereinafter referred to as"Indemnitees") against all claims, demands, actions, suits, losses, damages, liabilities, costand/or expense of every kind and nature (including, but not limited to court cost, litigationexpense and attorneys fees), paying same as they accrue, and all recoverable interest thereon,incurred by or sought to be imposed on Indernnitees because of injury (including death) ordamage to property (whether real, personal or inchoate), arising out of or in any way related (whether directly or indirectly, causally or otherwise) to: (1) the performance of, attemptedperformance of, or failure to perform, operation or work under this Contract by Indemnltees,Contractor, its subcontractors and/or any other person or entity; (2) the condition of the realproperty, including any improvements, on which said operations or work are beingperformed; (3) the selection, provision, use or failure to use, by any person or entity, of anytools, supplies, materials, equipment or vehicles (whether owned or supplied by County,Contractor, or any other person or entity) in connection with said work or operations; or (4)the presence on County real property, including any improvements located thereon, ofContractor, its subcontractors, employees, suppliers, vendors or any other person acting onbehalf of Contractor. This indemnification shall apply, whether or not any such injury ordamage has been, or is alleged to have been, caused in whole or part on any theory of liability,including negligence, intentional wrong doing, strict product liability or breach of nondelegable duty. Contractor further agrees to defend (at the election of any Indemnitee) againstany claim, demand, action or suit for which indemnification is provided.

Without in any way limiting or restricting the indemnification and defense agreement statedabove, Contractor agrees that it is the intention of the parties hereto that Contractor and itsinsurers bear the entire risk of loss or injury to any of Contractor's employees, "borrowedservants", agents, representatives, subcontractors, vendors, material, or any other personpresent on the premises or performing any other act or service on Contractor's behalf or at itsrequest, whether or not any such loss or injury is caused in whole or part by the negligence orfault of any Indemnitee, and without seeking any contribution therefore from any indemniteeor its insurers.

COLLUSION: The successful vendor may be required to provide an affidavit that he has notconspired with other potential suppliers in any manner to attempt to control competitive pricing.This paragraph does not however, preclude two or more suppliers of certain parts of therequirements frompresenting a combined orjoint proposal for the purpose ofproviding a completeproposal.


57

MONETARY RESTITUTION: In the event the contract is prematurely terminated due to nonperformance and/or withdrawal by the contractor, Dallas County reserves the right to seek monetaryrestitution (to include but not limited to; withholding ofmonies owed) from the contractor to covercosts for interim services and/or to cover the difference of a higher cost (difference betweentermination vendor's rate and new company's rate) beginning the date of vendor's terminationthrough the contract expiration date. In the event, civil suit is filed to enforce this provision; DallasCounty will seek its attorney's fees and cost of suit from the Contractor.

INDICATION OF FORM OF BUSINESS: Indication offonn ofbusiness (e.g. corporation, soleproprietorship, partnership); if the respondent is a corporation, indicate the date and state ofincorporation.

AGENTS AND/OR SUBCONTRACTORS: The successful Offeror may not assign theirrights and duties under an award without the written consent of Dallas County.

Offerors are required to identify all agents, subcontractors and employees who have beenretained and/or hired to assist in developing, preparing, advising or marketing their proposaland/or services. Name of finn, individual and/oremployee mustbe included along with the servicesthat are to be provided.

NON PERFORMANCE: Non-performance of the bidder in terms of Specifications or Noncompliance with terms of this contract shall be basis for termination of the contract by the County.Termination in whole or part, by the County may be made at its option and without prejudice to anyother remedy to which it may be entitled at law or in equity, or elsewhere under this Contract, bygiving thirty (30) days written notice to the Contract with the understanding that all work beingperformed under this contract shall cease upon the date specified in such notice. The County shall notpay for work, equipment, services or supplies, which are unsatisfactory. Contractor may be given areasonable opportunity prior to termination to correct any deficiency. This however shall in no way beconstrued as negating the basis for termination for non-performance.

TERMINATION: The Countymay, at its option and without prejudice to any otherremedy to whichit may be entitled at law or in equity, or elsewhere under this contract, terminate this Contract, in wholeor part, by giving 30 days written notice thereof to the Contract with the understanding that all(products/services)being (delivered/performed)under this Contract shall cease upon the date specifiedin such notice. The County shall compensate the Contractor in accordance with the terms of thiscontract for the (products/services) (delivered/performed) prior to the date specified in such notice.

CONFLICT OF INTEREST: No official or employee shall have any financial interest, direct orindirect, in any contract with the County or be financially interested, directly or indirectly, in the saleto the County of any land, materials, supplies or services, except on behalf of the County as anofficial or employee. Any violation of this section, with knowledge, express or implied, of theperson or corporation contracting with the County shall render the contract involved voidable by theCommissioners Court ofDallas County. It is the responsibility ofthe contractor during all phases ofthe contract process to notify the County in writing of any potential conflict of interest.

LITIGATION: Any bidder/proposer who is currently involved, either directly or indirectly with


58

any litigation against or involving Dallas County, which, as determined by the CommissionersCourt, may not be in the best interest ofthe County may be disqualified and/or not considered for anaward.

Identification of all legal claims, demands, contracts terminated or lawsuits filed, threatened orpending against the proposer and/or its principals/officers, and identification ofany administrativeactions or warnings taken or issued by any federal, state or local governmental agency to proposerand/or its principals/officers with regard to the provision of the same or similar services as coveredby this RFP, or the payment of moneys under the terms of any agreement(s) relating to suchservices.

PROVISION OF INSURANCE: Within ten (l0) days after the Effective Date ofthis Contract,Dallas County requires and Contractor agrees to furnish, at its sole cost and expense, the followingminimum insurance coverage. Such insurance is a condition precedent to commencement of anywork. Contractor shall, in the ten (l0) day period shown above, furnish verification ofthe insurancecoverage in the type and amount required herein, meeting all conditions in this Contact, by aninsurance company acceptable to County and authorized to do business in the State ofTexas. Suchinsurance shall show the County as the certificate holder (general liability insurance). Coveragedates shall be inclusive of the Contract term and each renewal period, if any.

All insurance required herein shall be maintained in full force and effect through out the term ofthiscontract, including all extensions:

Automobile Liability: Contractor shall maintain Commercial/Business Automobile Liabilityinsurance with a combined single limit of bodily injury and property damage not less than$400,000/800,000/400,000 or combined single limit of$1 ,500,000.00 each occurrence with respectto the Contractor's any owned, hired, and non-owned vehicles assigned to or used in performance ofthis contract.

Worker's Compensation: insurance or selfinsured employee coverage in the amount as required bythe law of the State ofTexas or Federal law, meeting the acceptability requirements as establishedby the Texas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Code. In the event thatany work is sublet Contractor shall require the subcontractors similarly to provide Workers'Compensation Insurance for all the latter employees unless such employees are afforded protectionby the Contractor. In case any class ofemployee engaged in hazardous work under this Contract atthe site ofthe project is not protected under the Worker's Compensation statute, the Contractor shallprovide and shall cause each sub-contractor to provide adequate and suitable insurance for theprotection of its employees not otherwise protected.

Commercial General Liability: Contractor shall maintain Commercial General Liability Insurancewith a limit not less than $1,000,000.00 for each occurrence with a $2,000,000 Products/CompletedOperations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall includecoverage for bodily injury, broad form property damage, personal injury, products and completedoperations and blanket contractual coverage.


Professional Liability: Contractor shall maintain Professional Liability Insurance with a limit notless than $1,000,000.00 covering all individuals performing under the contract.

Such certificates of insurance shall specifically name County as a loss payee.

Comprehensive General Liability Insurance including Contractual Liability. covering, but notlimited to, the liability for injury or death of the Contractor's or County's employees and thirdparties, extended to include personal injury coverage, and for damage to the County's existingproperty and property of third parties, with the minimum limits for each occurrence ofOne MillionDollars ($1,000,000.00).

Contractor agrees that, with respect to the above referenced insurance, all insurance contracts will:Name Dallas County and its officers, employees and elected representatives as additional insured(s)as the interest of each insured may appear) as to all applicable coverage.

Provide for forty-five (45) days notice to the County for cancellation, non-renewal or materialchange.

Contractor shall notify County in the event ofany change in coverage and shall give such notices notless than 45 days prior to the change, which notice must be accompanied by a replacementCertificate ofInsurance.

Approval, disapproval or failure to act by the County regarding any insurance supplied byContractor shall not relieve Contractor offull responsibility or liability for damages and accidents asset forth herein. Neither shall bankruptcy, insolvency or denial of liability by any insurancecompany exonerate the Contractor from liability.

CONTRACTOR RESOURCES: The Contractor warrants that the firm has adequate qualifiedpersonnel in its employment and all required transportation, equipment, materials, supplies and anyand all other goods and services for performance ofservices required under this Contract includingany Work Order, or will be able to obtain such personnel, transportation, equipment, materialssupplies and any and all other goods and services from sources other than the County. Unlessotherwise specified, the Contractor for the compensation received shall furnish all personnel,transportation, equipment, materials, supplies and any and all other goods and services required toperform the work authorized herein at its sole cost and expense. All employees ofthe Contractor orofany subcontractor shall have all required licenses, knowledge and experience as will enable themto perform the duties assigned to them.

Contractor contracts and agrees that any employee of the Contractor or any subcontractor who, inthe opinion of the County, is incompetent or whose conduct becomes detrimental to the work orwhose conduct reflects adversely on the County shall immediately be removed from association withthe project.

NOTE: Any vendor that conducts business with Dallas County, whether it is forgoods and/or services, must maintain lawful worker's compensation/selfinsured employee coverage requirements and adequate liability limitations.


60

SEE Page 1, Paragraph 3.

The attached documents shall be submitted with bid proposal:

1. Dallas County Insurance Requirement Affidavit2. Workers Compensation Affidavit (if applicable)

For statistical purposes, please indicate whether the principle company owner is aPLEASE CHECK ONE:[ ] Dallas County Tax Payer [] Other County Tax Payer

Company Name: _

Representative: _ Date: _

IN THE EVENT THAT YOUR VENDOR REPRESENTATIVE/CONTACT PERSON ISCHANGED, IT IS THE RESPONSIBILITY OF THE VENDOR TO IMMEDIATELYNOTIFY THE DALLAS COUNTY PURCHASING DEPARTMENT. PLEASE MAKEREFERENCE TO THE BID NUMBER.

For information purposes please indicate the manner in which you were notified of thissolicitation:

] Daily Commercial Record

] Dallas County Website

[ ] Letter from Dallas County Purchasing Department:

] Other: specify: _

Thank You


61

APPENDIX I

GENERAL AGENCY INFORMATION

FISCAL YEAR _

VENDOR NAME (Name as Incorporated)

STREET ADDRESS

List any D.B.A. or A.K.A.'S

CITY STATE ZIP

CONTACT PERSON TITLE TELEPHONE

BUSINESS FORM (Check applicable):For Profit Corporation__ Non-ProfitCorporation__ Partnership__ Other__

State where incorporated _

TYPE OF RESIDENTIAL FACILITY:

Date oflncorporation _

INDICATE ALL THAT ARE APPLICABLE: Total Number ofBeds:__ Male:__ Female:__

SPECIFIC NAME, LOCATION AND NUMBER OF BEDS BY GENDER FOR EACH FACILITY OPERATED BYVENDOR:

Facility Name: Location: Male Beds: Female Beds:

INSURANCE PROVJDER: _

I certify thatall information contained in this application, including all attachments and supportingmaterials, is true and correctto the best of my knowledge.

Signature of Authorized Official

26

Title Date

Request for Proposal

62

Summary Budget for Purchase of Services

FISCAL YEAR _

Vendor/Contractor: --------------------City: ---------------------Contract Period: _

COST CATEGORY COST

Personnel- Salaries $

Personnel - Fringe Benefits sPersonnel - Training $

Personnel - Travel sEquipment $

Transportation $

Consumable Supplies $

Other $

Facility $

TOTAL s

Total Units Service Per Year (example: Bed days per year):

Cost Per Unit:

I ,Show Computation:


63

BUDGET JUSTIFICATION

I.Personnel Salaries

IVendor:

Personnel Salaries--Position or Title Staff Name or DVacantD Annual % Time for Total

Salary Job

TOTAL..

Note: Use as many additional pages as needed


IVendor:

04


2. Personnel Fringe Benefits

Fringe Benefits Based on Salaries Paid: Total

FICA $

SUTA

WORKER'S COMPo

MEDICAL BENEFITS

OTHER: (Describe)

TOTAL FRINGE BENEFITS $



IVendor:

65

3. Personnel Training

Purpose (List Conference Fees, Describe In-Service Training Costs) Total

$

TOTAL PERSONNEL TRAINING $



IVendor:

66

4. Personnel Travel

Purpose (List Staff Mileage and rate used, Per Diem and rate, Public Transport) Total

$

TOTAL PERSONNEL TRAVEL $



IVendor:

67

5. Eqillpment

Purpose (All Equipment will be purchased by CSCD residential facility.) Total

$

TOTAL EQUIPMENT $



I Vendor:

6. Transportation

Purpose (List All Project Transportation Costs for Transport ofResidents) Total

$

TOTAL TRANSPORTATION COSTS $



IVendor:

69

7. Consumable SuWlies

Purpose (List All Consumable Supplies with BriefDescription) Total

$

TOTAL CONSUMABLE SUPPLIES $


IVendor:

(U

8. Other

Purpose (List All Other Costs with Brief Description) Total

s

TOTAL OTHER COSTS s


71

APPENDIX II

Operation Agreement(To be prepared by the Vendor)


72

APPENDIX III

(HIV Standards)


73APPENDIX IV

(MWBE FORMS)


DALLAS COUNTYPURCHASING DEPARTMENT

74

it~(~*1I~0'p "'r~

47'E; Of """ ------------------------------

April 21, 2009


THROUGH: Linda Boles 1>17Assistant ptlfchasing Agent

FROM: Mary StephensSenior Buyer

SUBJECT: Award of Bid No. 2009-057-4287, Annual Contract for Flex Spoons and Trays

BACKGROUNDIISSUEOn March 23, 2009, the Purchasing Department received and opened four (4) responses to theaforementioned solicitation. The contract will provide correctional spoons (sporks) and compartmenttrays for the Sheriffs Department Cook Chill Division. The purpose of this briefing is to make arecommendation to award the items to the lowest and best bidder meeting Dallas County bidspecification requirements.

OPERATIONAL IMPACTThe sparks and compartment trays outlined in the bid are designed for use in high security areas andmust be durable enough to withstand extreme temperature changes without cracking or chipping. Thebid specification requirements state that all proposed products must withstand temperatures rangingfrom _40oP to 446°P, be constructed of a food grade silicone and include a two (2) year warranty. Theproducts proposed by Designed Specialties, Inc. and The Jones Metal Products Co., Inc. d.b.a. TheJones Zylon Co. did not comply with one or both of the minimum specification requirements asfollows;

Item No.1: Spoons (Sporks)

The spork submitted by Design Specialties (lowest bidder) is made of a rubber blend material ratherthan the specified silicone material. In addition and upon testing, the spoon was not sturdy enough tohold food and/or was unable to cut soft foods.

The spork submitted by Cook's Direct, Inc. meets specifications and testing requirements.

509 Main Street, Suite 623, Dallas Texas 75202-3340(214) 653-7690. Fax (214) 653-7449. [email protected]

75

Hem No.2: 3-Compartment Tray

The tray submitted by Design Specialties (lowest bidder) is made of a non-silicone type material. Thesample is of a hard type material (not flexible), which when cracked/broken can be used as a weapon.

The tray submitted by the Jones Metal Products Co. (second lowest bidder) will only withstandtemperatures up to 300 OF and carries only a one (I) year manufacturer's defective warranty.

The tray submitted by Cook's Direct, Inc. meets specifications and testing requirements.

Hem No.3: 5-Compartment Tray

The tray submitted by Jones Metal Products Co. (lowest bidder) will only withstand temperatures up to300 OF and carries only a one (I) year manufacturer's defective warranty.

The tray submitted by Cook's Direct, Inc. meets specifications and testing requirements.

FINANCIAL IMPACTBy awarding the contract to the lowest and best bidder meeting contract requirements, Dallas Countywill expend approximately $I70,600.00 under this contract. This reflects an additional cost ofapproximately $126,100.00 over the lowest bidder's price.

LEGAL IMPACTLocal Government Code 262.027(c) requires the Purchasing Department to notify the low bidder whenrecommending a contract award to other than the low bidder. A letter will be faxed and mailed toDesign Specialties, Inc. and The Jones Metal Products Co., Inc. d.b.a. The Jones Zylon Co. on April

15,2009.

Strategic Plan ComplianceThis actions complies with Vision 3 of the County's Strategic Plan - Dallas County is safe, secure, and

prepared.

RECOMMENDAnONThe Purchasing Department, in conjunction with the Sheriff's Department Cook Chill Division,recommends that Commissioners Court approve the award of Bid No. 2009-057-4287 Annual Contractfor the Purchase of Flex Spoons and Trays to Cook's Direct, Inc. the lowest and best bidder meetingDallas County minimum specifications requirements.

C: Diane Bronar-SkipworthMark PembertonFile

DALLAS COUNTYBID TABULATION

NCTRCA CERTIFIEDVENDOR (MIWBE)TAXPAYER STATUSBID NOTIFICATION

VENDOR#1

Design Specialties, Int.

P. O. Box 1890 Db:well Ave.Hamden, CT 06514Patricia C Whitlock

203-288-3S87203-288-3594 _ Fax

',"':r.:","':~~::; ;;:[email protected]

VENOOR#2

Cook's Direct, Int.

27725 Diehl Rd.

Warrenville, IL 60555

Tho Saner800-956·5571

800-956-6822

[email protected]

NoOther CountySite Visit

VENDOR#3

Bob Barker Com pliny, Inc.

134 N. Main StreetFuquay Varina. NC 27526Marie Patterson800-334-9880800-322-7537

[email protected]

Other CountyDallas County Website

VENDOR#4

The Jones Metal Products Ce., Inc.DBA The Jones Zylon Co.305 N. Center St.

West Lafayette, on 43845

Todd E. Kohl800-848-8160877-632~6344

[email protected]

Other CountyLetter from DC

DESCRIPTION

1. Spoons - per bid specifications

ESTIMATEDQUANTITY

20,000 ea 0.25 s 5,000.00 0.53 $ 10,600.00 0.77 s 15,400.00 INB $

Specify Colors:

Specify Brand/Product #Being Proposed:

Specify Case Quantity:

Specify Warranty:

Brown

RBI83 Rubber Spoon

432

2 years against rnanufacruring defects

Orange,Tan, Custom Color available [Orange, Tan

Cook's #630.00 I j Cook's

100 each 1100

2 years I 2 yrs ,. no questions asked

2. 3 Compartment Tray - Color: BrownAs per bid specifications

10,000 ea 3.95 $ 39,500.00 5.10 S 51,000.00 950 s 95,000.00 4.00 s 40,000.00

Specify Brand/Product #Being Proposed:


Specify Warranty:

Duralux E-300 400F Ultraguard Dish

48 per case

2 years

Cook's #630-410

24 each

2 years

Cook's

24

2 yrs - no questions asked

Jones Zylon, FX-4300

24/csDimension 8-1/8 x 6-!/3 x 2I yeat

"(J)

3. 5 Compartment Tray. Color: BrownAs per bid specifications.

Specify BrandlProduct #Being Proposed:

10,000 ea NB $ 10.90 s

Cook's #630-517

109,000.00 13.75 s

Cook's

137,500,00 6.50 $

Jones Zylon, FXST-28

65,000.00


Specify Warranty:

12 each

2 years

12

2 yrs - no questions asked

24/cs

Dimension 14-318 x 10 x 1-114I year

HWe do not offer the above warranty.The Jones Zylon Co.warranty is for Iyear covering any manufacture defects.

TOTAL:

Specify Delivery ARO:(Bidders who fail to specify delivery, but are awardeda contract, will be required to furnish the awareditem(s) within ten (10) working days after receipt oforder.)

Specify Payment Terms:

Specify minimum orders if applicable:

30 Days

44,500.00 s

90 to 120 Days

Net 30

NfA

170,600.00 s

5-10 Days

0%30 Days net 30 Days

NA

247,900.00 s

7·28 Days

1% 10 days net 30 days

I case

105,000.00

VENDOR #4VENDOR #3VENDOR #2VENDOR #1.... AI I AC' ,... ..... 1'1.J....l-L....;;. ....vvNTY BID TABULATION

Cook's Direct, Inc.

27725 Diehl Rd.

Warrenville, IL 60555

Tim Saner800-956-5571

800-956-6822

[email protected]

Bob Barker Company, Inc.

134 N. Main Street

Fuquay Varina, NC 27526

Marie Patterson800-334-9880800-322_7537

[email protected]

The Jones Metal Products Co.; Inc.

DBA The Jones Zylon Co.

305 N. Center St.

West Lafllyette, 011 43845Todd E. Kohl

800-848-8160877-632-6344

[email protected]

NCTRCA CERTIFIED VENDOR (MIWBE)TAXPAYER STATUSBID NOTIFICATION

No

Other County

Site VisitOther County

Dallas County WebsiteOther County

Letter from DC

DESCRIPTION ESTIMATEDQUANTITY

Specify any deviations, costs, comments, etc. that aremade part of and to be included in your bid proposalif applicable.

~*See attacehd spec. sheet

Alternate items, #2, 3

Does your company offer online ordering? y" y" No, not at this time

If so,please state web address' 'NIN'N.cooksdirectcom 'WW'N.bobbarker.com

Is this an all or non bid: No Yes No

Specify the name and telephone number of the account representative whowill be handling this account

Ryan Davenport - 800-956-557t X 116 [Marie Patterson _800-334·9880 Sheila Reigle, MyTon Wiley800.848-8160

--.J--.J

78

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

April 13, 2009

TO:

THROUGH,

Commissioners Court

Rya(trown, Budget Officer

FROM: Ronica L. Watkins, Senior Budget & Policy Analyst

SUBJECT: Rationale for Briefing and Court Order on Same Day

It is requested that the attached item be considered on both the formal and briefing agenda forTuesday, April 21,2009 to expedite the submission of the grant application that is due onMay I, 2009. The grant period is September 1,2009 through August 31, 2010.

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

t __ ,

79


April 14,2009

TO:

THROUGH:

FROM:

SlJBJECT:

Commissioners Court

RyaGrown, Budget Officer

Ronica L. Watkins, Senior Budget and Policy Analyst

DIVERT Court Program Grant Application (Court Order on Formal Agenda)

BACKGROUNDThe Criminal Justice Division, Office of the Governor, is accepting applications for FY20092010 Drug Court Intervention funding. The Dallas County DIVERT Court program beganoperation in December 1999. The Dallas County DIVERT Court program is modeled after theprogram that was developed in Miami, Florida in 1989. Drug courts are designed to reduce theimpact of crime on individuals, families, community and the criminal justice system by using thepower of the courts to engage nonviolent drug offenders in appropriate treatment as an alternativeto traditional criminal justice processing. The grant application is requesting continuationfunding for in-house adult outpatient substance abuse treatment program for indigent drugaddicted offenders projected to be enrolled in the Dallas County DIVERT Court program inFY2010. The purpose of this briefing is to provide Commissioners Court with arecommendation for the submittal of this grant.

OPERATIONAL IMPACTThe DIVERT adult substance abuse outpatient counseling program provides for three substanceabuse counselors and "sober living" housing. The counselors provide DIVERT participants withoutpatient counseling, substance abuse counseling, and monitor urinalysis testing. Theseactivities ensure accountability and promote successful completion of the DIVERT program.

"Sober Living" houses include Oxford Houses and other programs modeled on Oxford Houses,Inc. Oxford Houses are self-run, self-supported recovery house programs for individualsrecovering from alcoholism and drug addiction. Oxford Houses assure an alcohol and drug-freeliving environment. Although, Oxford House is not affiliated with AA or NA, its memberrealize that

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

80

recovery from alcoholism and drug addiction can only be assured by the changing of theirlifestyle through full participation in AA and NA. If a majority of residents believe that anymember has relapsed into using alcohol or drugs that person is immediately expelled. The grantwould provide move-in costs for indigent persons who need to move into a safe alcohol anddrug-free environment.

The goal of the project is to reduce recidivism among felony drug offenders by providingstructured and supervised substance abuse treatment along with intensive case management andjudicial monitoring that assists the participants in maintaining abstinence from drugs and/oralcohol.

PERFORMANCE MEASURESStandard performance measures are required for drug court programs. As part of therequirements of the grant both output and outcome measures will be established according to theStandard CJD Drug Court Objective for the 2009-2010 grant period. The performance measureswill reflect the services being provided and the extent to which the goals of the project have beenachieved.

STRATEGIC PLAN COMPLIANCEThe grant is consistent with the County's Strategic Plan and specifically impacts the followingVision 3) Dallas County is safe, secure and prepared. The proposed grant program will assistdefendants in stabilizing their lives.

FINANCIAL IMPACTThe grant seeks funding for three full-time counselor positions to provide outpatient counselingservices and money to purchase residential substance abuse treatment services through contractproviders. The grant application is requesting funds in the amount of $231,500 with no cashmatch required.

RECOMMENDAnONThe Office of Budget and Evaluation recommends submission of the grant application to theCriminal Justice Division, Office of the Governor. The grant application is requesting funds forout-patient counseling and "sober living" housing, in the amount of $231,500 for the period ofSeptember 1, 2009 - August 31, 2010.

81


April J5, 2009

To:

Through:

From:

Subject:

Commissioners Court.a.,Budget Officer

Ronica L. WatkinsSenior Budget and Policy Analyst

Rationale for Briefing and Court Order on Same Day

It is requested that the attached request be considered on both the fonnaI and briefingagenda for Tuesday, April 21,2009. This will allow the grant application to be submittedby the April 27, 2009 deadline.

41 I Elm Street, 3'd Floor, Dallas, Texas 75202(214) 653-6363 ~ Fax (214) 653-6517 <rlwatkins ccdallascounty.org

82

DALLAS COUNTYOFFICE OF BUDGET AND EVALUAnON

April 15,2009

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Ryarown, Budget Officer

Ronica L. Watkins, Senior Budget & Policy Analyst

District Attorney's Office Recovery Act Byrne Memorial Competitive GrantProgram (Court Order on Formal Agenda)

BACKGROUNDThe Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA), through the Recovery

Act Edward Byrne Memorial Competitive Grant Program (Byrne Competitive Program), will helpcommunities improve the capacity of state and local justice systems and provide for national supportefforts including training and technical assistance programs strategically targeted to address localneeds.

The DaJlas County District Attorney's Office is currently a grant recipient from the Department ofJustice's Office on Violence Against Women totaling $1.48 million. The grant expires in August,2009. The District Attorney's Office has submitted a continuation application to address the areasthat are included in the scope of the program. However, the overall budget cap for the FY2010application was set at $1 million, resulting in a reduction of $480,000, equaling four positions. Thisgrant is developed to recover the positions lost due to the reductions. The District Attorney's Officeis requesting authorization to submit a grant application for funding from the Recovery Act ByrneMemorial Competitive Grant Program. All grant applications are due to the Bureau of JusticeAssistance by April 27,2009, and will be accepted only through the U.S. Department of Justice'sOffice of Justice Programs online Grant Management System (GMS). The anticipated funding datefor this grant is September 2009.

The purpose of this briefing is to discuss the submission of this new application. The grantapplication requests funding for one specialized prosecutor at the District Attorney's Office and threepositions at collaborative agencies for two years and to make a recommendation regarding thecontinuation of the project.

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

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

83

OPERATIONAL IMPACTThe primary purpose of this grant application under the Byrne Competitive Program is to enhanceproblem-solving court models that support the collaboration between the criminal justice system andthe local communities to enhance public safety. This program challenges the entire community toshare ideas that will result in new responses to ensure victim safety and offender accountability. AUentities will collaborate to ensure that victim safety is a paramount consideration in developing theirstrategy to address domestic violence in the courts and effectively hold batterers accountable.

The grant will streamline the prosecution and court process by funding one specialized felony familyviolence and sexual assault prosecutor (ADAV) at the District Attorney's Office, one 911 taperecording assistant at the Dallas Police Department, one family law attorney who will provideemergency legal services to victims of domestic violence at Legal Aid of North West Texas, and onebilingual domestic violence counselor at The Family Place.

PERFORMANCE MEASURESTo assist in fulfilling the accountability objectives of the Recovery Act, as well as the Department'sresponsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law103-62, grantees must provide data that measure the results of their work. Grantees must address allthe Recovery Act performance measures and the performance measures that are applicable to thecategory of funding, which include:

• Number of jobs retained (by type) due to Recovery Act funding.• Number of jobs created (by type) due to Recovery Act funding.• Percent of essential services maintained without disruption.• Percent increase of essential services.• Number of collaborative partnerships established to avoid reductions in essential services

and duplication.

84

FINANCIAL IMPACTThe District Attorney's Office is requesting funding for a 24-month period. The amount will bedetermined by what is available under the Recovery Act Byrne Competitive Grant Programsolicitation. The project period for awards under this program is up to 24 months. No funding beyondthe 24-month project period is anticipated. The grant requires no match. The following provides abudget summary for the grant request:

Azencv Budset Request (Year 1 and 2)!

Dallas County District Attorney - $ 249,160.00Salary and benefits for 1 ADA V (existing position)

Contractual Services

Dallas Police Department - $ 76,174.00I full-time 91 I Tape Recording Assistant

ILegal Aid of Northwest Texas - s 155,767.00I full-time Attorney

The Famllv Place - I full-time Latino Counselor $ 85,050.00

Grand Total Reouest $ 566,151.00

STRATEGIC PLAN COMPLIANCEThe grant is consistent with the County's Strategic Plan and specifically impacts the followingVision 3) Dallas County is safe, secure and prepared. The proposed grant program will assistdefendants in stabilizing their lives.

RECOMMENDAnONThe Office of Budget and Evaluation recommends the online submission of the grant applicationto the U.S. Department of Justice, Bureau of Justice Assistance (BJA), through the Recovery ActEdward Byrne Memorial Competitive Grant Program (Byrne Competitive Program) andauthorize the County Judge to sign all related documents.

85

D\\TY 0,0G

BO.of

,~ ~,DALLASCOUNTY(~ ,*. ':) OFFICE OF BUDGET AND EVALUA.nON

0'7' $' .~ ~ .

c: OF

April 21, 2009

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Rya(!?rown

Budget Officer . JCori Thomaso!Jt1 oBudget & Policy Analyst

County Buildings and Grounds Special Use Policy Change - Comments Received

BackgroundOn November 18, 2008, the Commissioners Court was briefed on a recommendation made bythe Office of Budget and Evaluation to revise the County Buildings and Grounds Special UsePolicy. The Court requested that several departments review and comment prior to it taking anyaction or approving the recommended policy and policy was approved for a 30-day commentperiod.

On January 27, 2009, the Court was re-briefed with comments from various departments. Afterseveral remarks and questions from Court members, the District Attorney's Office, CivilDivision was requested to review and make recommendations on the policy. The revised policyis attached.

Impact on OperationsThe proposed changes to the original policy included a) no alcoholic beverages in the Countybuildings except for evening socials at Old Red and the 6th Floor Museum; b) all entities will becharged a rental fee and damage deposit; c) filming (film scrip submitted with rental application),building use of more than three days and use of the Administration Building must be approved bythe Commissioners Court; and d) higher damage deposits and rental fees for film production.

The changes incorporated from the comment period, Court member remarks and DArecommendations include a) exempt mock trial use from building use fees; b) add securitydeposit to requirement prior to event and c) revise Sec 74-245. Rental fees forfilming.

Financial ImpactAdoption of the proposed policies is expected to result in higher revenue to be used to coveradditional building maintenance and utility costs resulting from the additional use of thebuildings.


(214) 653-6386. Fax (214) 653-6517. [email protected]

86

Strategic Plan ComplianceRecommendations in this briefing are consistent with Dallas County's Strategic Vision PlanVision 1: Strategy 1,3: Dallas County provides sound, financially responsible and accountablegovernance,

RecommendationStaff recommends Commissioners Court approve the County Buildings and Grounds Special UsePolicy as shown in Attachment A for inclusion in the Dallas County Code,

87

Sec. 74-192. County buildings and grounds; special use.

(a) Any entity established by constitutional, statutory or governmental action and civic

organizations when acting in furtherance of established county projects, programs and/or goals

may be granted special use of county facilities.

(b) Any request for special use of county facilities shall be in writing and include a description

of the intended use. All one-time special use requests will be subject to the approval of the

County Administrator. Any special use of a reoccurring nature is subject to the approval of the

Commissioners court.

. (c) No food or beverage will be allowed in the carpeted areas of the county facilities by special

use groups unless they have prior approval.

(d) Groups making arrangements to use county facilities will be responsible for any damages

and will be required to sign a ooe building user agreement and submit the required security

deposit before using county facilities.

(e) Groups (non-county departments) using county facilities during other than normal working

hours will pay the additional cost to the county for the special use according to Dallas County

Code, Sec. 74-244 and Sec. 74-245.

(f) No alcohol is allowed on county property at any time, except for social events at the Old

Red Building and 6th Floor Museum facilities when food and alcohol are customarilv served,

such as in a wedding party and organizational evening social for example.

(Admin. Policy Manual, § E(5.05--5.09))

DIVISION 4. RENTAL, LEASES

Sec. 74-241. When in county's best interest.

The county may lease or rent county property when the commissioners court determines such use

is in the best interest of the county. A rental fee will be charged to any entity interested in renting

88

any ofDallas County's facilities. , except for accredited schools using facilities for educational

purposes such as mock trials.

(Admin. Policy Manual, § E(5. 10))

Sec. 74-242. Requests.

Any request for rental of county facilities shall be in writing and include a description of the

intended use. The Commissioners Court must approve the following: a) filming in any County

building - a copy of the film script must be submitted with the rental request. bi building uses of

more than three days. and c) will be sHbjecllo IAe approval of IAe admil1islralor eJlCepl for rel1lal

of IAe COUl1l)' admil1islraliol1 bHildil1g. 1,11)' rental of the county administration building or olher

rel1lal of more Ihal1lhree days musl be aUlhorized by IAe commissiol1ers COUr!.

(Admin. Policy Manual, § E(5.1I))

Sec. 74-243. Rental provisions.

Rental of a county facility may be granted only when the following items have been provided:

(1) Approval by the primary occupant of the facility or space;

(2) A sigl1ed Hse agreeme111 An approved signed building user permit agreement;

(3) When the use may result in property damage, a reasonable damage deposit adequate to

protect the county; and

(4) When the use is for commercial purposes, a $1,000,000.00 liability/personal injury policy

payable to the county is will be provided.

(Admin. Policy Manual, § E(5.12))

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Sec. 74-244. Fees.

Fees for building rental of three days or less will be: the additional cost caused by the intended

US&.- a) $75 per day (or all other non-profit organization, b) $150 per day (or profit organization,

and c) $100 per day for all Central Jury rooms, A damage deposit of$l,OOO is applicable to all

oUhe above rental agreements, Fees for rental of space over three days will be the additional

cost, plus a market rate daily rental fee.

(Admin. Policy Manual, § E(5,13))

Sec. 74-245. Rental fees for filming.

Rental of county facilities for filming will require an additional $1,000,00 per $25,000

damage deposit, A fee of$2,000 per film day-fee is the rate for the rental of the county

administration building and $250.00 a $1,000 per film day for rental of all other county

buildings (except jails) (or 30 days or less. by a "fer profit" production and $50,00 per

film day fee fer non prcfit productions. Rental rates for 31 days or more will be $750,00

per film day. The foregoing rental fees will not be charged the press filming in the open or

public areas ofCounty facilities as long as the filming lasts less than four hours. Such filming by

the press will be permitted so long as it does not intedere with the public conducting

governmental business or obstruct or block the open or public areas ofCounty facilities.

(Admin, Policy Manual, § E(5,14))

Sec. 74-246. Right to deny approval.

The county reserves the right to deny approval to any request for use of county property which,

in the opinion of the county, may disrupt or hamper normal business activity or offend public

visitors.

(Admin, Policy Manual, § E(5.15))

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DALLAS COUNTYOFFICE OF BUDGET AND EVAUlAnON

April 21, 2009

TO:

THROUGH:

FROM:

SlJBJECT:

Commissioners Court

Rya(;own

Budget Officer ,~ /

Cori ThomasonD~ 'fBudget & Policy Analyst

IT Security Policy - Revisions and Additional 30-Day Comment Period

BackgroundOn September 30, 2008, the Commissioners Court was briefed on a recommendation made bythe Office of Information Technology to develop an IT Security Policy. The Court requested thatseveral departments review and comment prior to it taking any action or approving therecommended policy. After meetings with department heads and various comments received, theOffice of Information Technology made several revisions and suggests that the policy be resentfor another 30-day comment period.

The Court approved the second 30-day comment period on February 24, 2009. Only the PublicWorks Department commented and all issues were resolved during a meeting with Randy Guin,IT Enterprise Security Officer.

Operational ImpactThe purpose of the IT Security Policy is to provide polices and procedures for the acceptableusage of Dallas County technology assets and legal ramifications of their misuse.

Financial ImpactThere will be minimal financial impact as a result of this policy.

Strategic Plan ComplianceThe implementation of the IT Security Policy will support Vision 1: Dallas County government is amodel interagency partner. The policies will provide guidelines for all Dallas County departmentsto adhere to the same IT policies.

RecommendationStaff recommends Commissioners Court approve the IT Security Policy as attached for inclusionin the Dallas County Code.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6386. Fax (214) 653-6517 • [email protected]

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Chapter 74. General Government Operations PolicyArticle V. Internal Organizational GuidelinesDivision 17. Information Technology Security Policy

74-1014. PURPOSE

Dallas County provides employees with electronic access, which may include use of computerresources, network connections, email and use of the internet/intranet. These policies govern alluse of the Dallas County applications, data, network, internet/intranet and messaging systems.The intent of the Dallas County Information Security Policy is to provide policies and proceduresfor the acceptable usage of Dallas County technology assets and the legal ramifications of theirmisuse.

74-1015. AUTHORITY

The oversight of the use of Dallas County computer system by users is assigned by theCommissioners' Court to the Dallas County Office of Information Technology.

74-1016. DEFINITIONS

a. Computer network resources - includes, but not limited to, computers, computerequipment, computer assisted services, software and computer accounts.

b. Computer system - includes computer resources and network.

c. Confidential information - information maintained by Dallas County that may beexempted from disclosure under the Texas Public Information Act or other state orfederal laws.

d. Information resources - data or information, software and hardware that render data orelectronic information available to users.

e. Misuse - any activity of a user or other person who engages in activities using electronicresources which violate Dallas County policies, guidelines and procedures.

f. Network - a group of computers, servers, and peripherals that share informationelectronically, typically connected to each other by either cable or wireless technologies.

g. Network System Administrator or Server Administrator -the County Chief InformationOfficer ("CIO") and/or an employee specifically designated by the CIO, whoseresponsibilities include system, site or network administration. Network SystemAdministrators perform functions including, but not limited to, installing/removinghardware, software, managing computers and/or networks and maintaining computersystem operations.

h. Peripherals - special purpose devices attached to a computer or computer system such asprinters, scanners, plotters and similar devices.

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I. Sensitive information - information maintained by Dallas County that requires specialprecaution to ensure accuracy and integrity. Loss, misuse, modification or unauthorizedaccess to sensitive information can adversely affect the privacy, security and integrity ofthe information depending on the level of sensitivity and nature of the information.

J. Server - a computer that contains information or an application shared by other computerson a network.

k. Software - is a general term used to describe a collection, in whole or in part, of computerprograms, procedures and documentation that perform specific task on a computersystem. The term includes application software such as word processors which performproductive tasks for users, system software such as operating systems, which interfacewith hardware to provide the necessary services for application software, andmiddleware.

I. User - any individual who connects ancl/or accesses, uses or attempts to use a Countycomputer system, either by direct connection or via another network, computer or otherelectronic resource.

74-1017. ELECTRONIC MAIL INFORMATION

Dallas County electronic mail (email) system is designed to facilitate the performance of Countybusiness by enhancing business communications and reducing paperwork. A user of the DallasCounty email system or any other County electronic information system must adhere to thefollowing:

a. Dallas County email system is intended for business use only. Users should keep personalemail usage to a minimum and in a manner that does not interfere with user's jobperformance.

b. All information created, retained, archived, sent or received via the Dallas County emailsystem, including email messages and attachments, is the property of Dallas County orthe Elected Official. Users shall have no expectation of privacy regarding email. DallasCounty and Elected Officials reserves the right to use, disclose, access, read, review,monitor and copy all messages and files on Dallas County computer resources at any timewithout notice to user and without the user's consent.

c. Users may use email to communicate classified information internally, and all email mustbe marked with the appropriate data classification. Classified data should only beminimally distributed, on a need-to-know basis. Extreme care shall be used to ensure thecorrect email address is used for the intended recipient(s).

d. Users shall attach user's name to all messages sent electronically. No email shall be sentwhen the sender's identity is not displayed.

e. Confidential information shall not be sent via email unless encrypted.

f. A department head, an elected official, or a supervisor authorized by his/her departmenthead or elected official may have access to a user's email to further County business

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goals without notice to user and without user's consent. User may not allow anyone other than user's department head, elected official, authorized supervisor, or personauthorized by a court order - to have access to user's electronic information withoutpermission from user's department head or elected officer. All other access must haveprior approval from the Commissioners Court via written communication with theCommissioners Court Administrator.

g. Users shall exercise sound and reasonable judgment when distributing messages.Messages containing confidential data should be carefully guarded and protected. Usersmust also abide by copyright laws, county code, ethics rules and other applicable laws orpolicies.

h. Email messages shall contain professional and appropriate language at all times. Usersare prohibited from sending abusive, harassing, intimidating, threatening anddiscriminatory or otherwise offensive messages via email. A user should notify user'ssupervisor immediately upon receiving an offensive email; this type of message shouldnot be forwarded.

I. All messages archived in Dallas County computer systems shall be deemed Countyproperty or the property of appropriate Elected Official, as is all information on DallasCounty computer systems. Employees shall have the responsibility for verifying andunderstanding Dallas County email policies, departmental policies and county retentionpolicies.

J- Users shall not misuse and/or abuse email by copying or downloading copyrightedmaterial, viewing, sending or downloading pornographic material or any material deemedinappropriate by county policy.

k. Upon temporarily leaving, resignation, retiring, termination or separation for any reasonof user's employment or association with County, user shall not access, copy, transfer, ordownload information from or via County computer system. Additionally, theconfidentiality status of any information shall survive user's resignation, retirement,termination or separation.

74-1018. NETWORK AND INTERNETIINTRANETa. Personal Responsibility - By accepting an account (user ID) or using an account to access

Dallas County's Network a user agrees to adhere to all Dallas County policies regardingsuch use and agrees to report any misuse or policy violation(s) to user's supervisor and/orthe Dallas County Office ofInformation Technology.

b. Permitted use and term. - Use of Dallas County network resources is a privilege, not aright. Use of the network and access extends throughout a user's term of employment,providing the employee does not violate Dallas County policies regarding network use.Department Heads shall be responsible for the identification of both appropriate andinappropriate use.

c. Availability of access - Dallas County reserves the right to suspend access at anytime,without notice, for technical, policy, security or other violation concerns. If access isterminated for cause, termination may result.

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d. Privacy - Network resources are provided as a tool for Dallas County business. DallasCounty reserves the right to monitor, inspect, copy, review, delete and/or store at anytime, without notice, and without user's consent, any and all usage of the networkincluding all files, software, communications and other electronic data transmitted,received or stored in connection with network usage. Any and all electronic data is theproperty of Dallas County or Elected Official; a user should have no expectation ofprivacy regarding network use.

e. Downloading files/software - Users shall not download application files or software fromthe internet. The Office of Information Technology must be contacted and willcoordinate all downloads.

f. Prohibited activities - Users shall be prohibited from using Dallas County electronicinformation system, network or internet/intranet access for the following activities:

I. Downloading software without the prior written approval of the Office of InformationTechnology.

2. Printing and/or distributing copyrighted materials; this includes but is not limited tosoftware, articles and graphics protected by copyright laws.

3. Using software that is not licensed by the manufacturer or approved by the DallasCounty Office ofInformation Technology.

4. Sending, printing or otherwise disseminating Dallas County proprietary data or otherinformation deemed confidential by Dallas County to unauthorized persons.

5. Operating a business, soliciting money for personal gain or otherwise engaging incommercial activity outside the scope of employment.

6. Making offensive or harassing statements based on race, religion, national origin,veteran status, ancestry, disability, age, sex or sexual orientation.

7. Sending or forwarding messages that discloses confidential information and/oraccessing, transmitting, receiving or seeking confidential information without properauthorization.

8. Sending or soliciting sexually oriented messages or images.

9. Attempting to access or visit internet sites featuring pornography, terrorism,espionage, theft or illegal drug activities.

10. Gambling or engaging in any other criminal activity in violation of local, state orfederal law.

11. Participating in activmes, including the preparation or dissemination of content,which could damage Dallas County professional image, reputation and/or financialstability.

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12. Permitting or granting use of an email or system account to another employee orperson outside Dallas County. Permitting another person to use an account orpassword to access the network or the internet, including, but is not limited to,someone whose access has been denied or terminated.

13. Using another employee's ill or impersonating another person while communicatingor accessing the Dallas County network.

14. Intentionally introducing a virus, harmful component, corrupted data or malicioustampering with any of Dallas County computer system.

74.1019. COMPUTER SOFTWARE USAGE, MAINTENANCE AND EQUIPMENT

a. Users shall use software strictly in accordance with software license agreements andCounty policies.

1. Dallas County software shall not be removed from the premises or copied forpersonal use.

2. No other hardware, application or software of any type, including file sharing orfreeware, shall be used, installed, copied or downloaded onto Dallas County computersystem except by the Office of Information Technology and with written permissionfrom the ClO.

3. Request for new software and computer resources shall be made through the Office ofInformation Technology in accordance with County policy.

4. Dallas County will approve all hardware and/or software which shall be used for thepurpose of Dallas County business only with the understanding the hardware/softwareis the property of Dallas County.

5. Users will not provide unauthorized users access or use of Dallas County softwareeither in any Dallas County office location or the home of users.

6. Any employee, who knowingly installs, makes, acquires or uses unauthorized copiesof software not licensed to Dallas County shall be subject to disciplinary action up toand including termination.

7. Users shall not disable any anti-virus software that has been installed and configuredon Dallas County computer system by the Office of Information Technology.

8. No file sharing or freeware software of any kind shall be installed on any DallasCounty computers.

b. Maintenance to Dallas County computer system shall be performed by the Office ofInformation Technology. Request for any repairs, upgrades or additions of computers orany internal or external components shall be made through the Office of InformationTechnology in accordance with County policy.

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c. Only IT Services will connect computer resources to the Dallas County network. Nocomputer hardware/software, including, but not limited to, network hubs, switches,routers, print servers, laptops or probes will be connected to the Dallas County networkwithout prior approval by the Office of Information Technology.

d. Personal computer devices such as a Palm Pilot, Pocket PC or any other PDA (PersonalDigital Assistant) shall not be connected to the Dallas County computer system withoutapproval from the Office of Information Technology.

e. Telecommunications equipment and services shall be procured and configured throughthe Dallas County Telecom Department. Contact the Dallas County Service Desk ifrepair, maintenance or relocation of telecommunication equipment or telecommunicationservices is required.

74-1020. DATA CLASSIFICATION AND RETENTION

a. Dallas County adheres to three data classifications, "Confidential" "Sensitive" and"Unclassified.

While Dallas County or Elected Officials may have ownership of the information, usersalso carry the responsibility for its security. For any and all local government records thestatutory custodian is the appointed or elected public officer who by the state constitution,state law, ordinance or county policy is in charge of an office that creates or receives therecord. The responsibility of the data custodian cannot be delegated.

1. Confidential - Information that may be protected from disclosure under the TexasPublic Information Act will be classified as confidential, The controlling factor forconfidential information is dissemination.

2. Sensitive - Information that requires special precautions to assure its accuracy andintegrity will be classified as sensitive. Sensitive information may require the use oferror checking, verification procedures and/or access control to proteet it fromunauthorized modification or deletion. Examples of sensitive information are:

• Finaneial Information. Loss of integrity could result in the County's financialdetriment, an individual's financial benefit, and denial of lawful benefits or theloss of money or resources. The County's payroll information, tax information,or other disbursement information would all be examples of sensitive financialinformation requiring special precautionary controls.

• Operation Information. Incomplete or inaccurate information can adversely affectthe public's health, welfare, safety or limit the ability for the agency to ensure theintegrity of its programs.

3. Unclassified - Information that is not classified as "Confidential" or "Sensitive"

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Additionally, Confidential and Sensitive are not mutually exclusive. Informationmaybe both, confidential (requires protection from disclosure) and sensitive (requiresa higher level of integrity assurance).

b. Data Retention. All County data will be retained in accordance with required retentionperiods. It is the responsibility of the data custodian to notify the Office of InformationTechnology of classified data and retention requirements.

In accordance with the Dallas County Records Management program all County data willbe retained as prescribed by the State retention requirements found in 13 TAC §6.94(e) orState approved records management programs for Dallas County and Department's ofDallas County.

It is the responsibility of the user of the email system, with guidance and training fromthe Records Management Officer, to manage email messages according to State or DallasCounty approved retention schedules. All Email that is not classified by the user will bedeleted after 180 days.

. In certain situations where a user is placed on "legal hold" status, the user will be notifiedand user's electronic information will be placed under a "no deletion" category.

74.1021. PHYSICAL SECURITY

Laptop computers may only be used off-site to conduct County business.

Laptop computers left unattended in the office environment should always be secured with alocking cable provided by IT Services.

Computer network equipment not located in a Dallas County data centers shall be maintained ina secured location. Computer network equipment located in storage rooms or closets that allowpublic access must have locks on all doors.

74·1022. ENFORCEMENT· COMPLIANCE AND NONCOMPLIANCE

Dallas County management personnel shall enforce user's compliance with Dallas Countypolicies, guidelines and procedures, and shall immediately report the violation to next level chainof command, department head, elected officer, or the CIO.

Violation of County policies, guidelines, procedures, and applicable state and federal laws mayresult in disciplinary actions, including cancellation of user's computer system privilege, lawenforcement investigation, termination, as well as civil and criminal penalties.

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APPENDIX ADallas County Computer User Access Agreement & Policy Guidelines

These Policy Guidelines govern the use of computers and related communication devicesoperated by Dallas County user for connection to the Dallas County network. The purpose ofthese guidelines are to help maximize the effective use of the County computer system and topermit freedom of use consistent with Federal and State laws, Dallas County policy and aproductive working environment.

Dallas County users who have access and use County computer systems shall follow this list ofPolicy Guidelines, which highlights the policies and procedures in sections I - VIII as to the use,security and maintenance of computer system.

1. User shall utilize and access the computer system for the purpose of user's job requirements.

2. User shall not install any software, hardware, or applications for any purpose, on any Countycomputer, network, or resource without the approval of the County Office of InformationTechnology.

3. User shall not utilize the internet in such a way that is not conducive to user's jobrequirements.

4. User shall not use County computer system to send electronic information for anyunauthorized or inappropriate, or malicious putpose;

5. User shall not connect any other electronic, computer or network device to the Dallas Countycomputer system other than those approved by the Office of Information Technology.

6. User shall report any inappropriate or misuse of Dallas County computer system to user'ssupervisors or the Office of Information Technology.

7. User shall not share user's password(s) with anyone unless it has been approved by user'ssupervisor or solely for the putpose of completing a necessary task in a severity 1 situation.

8. If a user suspects user's computer or workstation may be infected by any malicious orunauthorized code, especially a virus, shall notify the Dallas County Service Deskimmediately;

9. User shall log off workstation before leaving the office each day;

10. User shal! not attempt to repair or reinstal! any components, application, or software on thecomputer system;

11. User is responsible for storing or archiving electronic information and other importantdocuments in case of computer or desktop failures;

12. A County laptop or computer may be used off site to conduct County businesses. User shalladopt reasonable security precautions to protect the laptop or computer and County data, andpromptly return the County resource upon cessation of business demand for such resourcesoff-site. When traveling by borrowed or hired vehicle, plane or ship always carry the laptop

99

with user; and NEVER leave the laptop in the trunk of the hired vehicle or check-in a laptopas baggage. When traveling in user's vehicle, user should place laptop in the trunk of user'scar or store out of sight;

13. Each laptop computer is assigned to an individual employee and should not be transferred toanother employee or user without notifying the Office of Information Technology.

14. Certain items, such as magnetic elements, plants, and water-based items, should not beplaced on or near the computer system;

15. User understands that all the electronic information contained within the County computersystem, including email, is the property of Dallas County or the Departments ElectedOfficial.

16. User will lock access to user's computer by utilizing a password protected screen saver eachtime user's computer or workstation is unattended;

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April 15, 2009

TO:

THROUGH:

Commissioners Court

Raown, Budget Officer

FROM: 'cQ7Shawn Balusek, Senior Budget and Policy Analyst

SUBJECT: Deletion of a Public Defender from the Family Division

BACKGROUNDJudge Cherry of the 301" Family Court had discontinued the use of the Public Defender's Officein June 2008. The Public Defender that was assigned to her court has continued to perform legalresponsibilities related to previously assigned cases originating from Judge Cherry's court andassisting other Public Defenders with their assigned duties. Currently there are seven PublicDefenders assigned to the Family Division with only six courts utilizing their services.

The purpose of this briefing is to present information and provide Commissioners Court arecommendation on the deletion of one Public Defender from the Family Division.

OPERTIONAL IMPACTThe 30151 Family Court will utilize the services of Ad Litems instead of a Public Defender. Atthis time, the other six family courts have a dedicated Public Defender assigned to theirindividual court.

FINANCIAL IMPACTThe anoual cost, including benefits, of the deleted Public Defender, Grade N, is $102,266. Asthe 30151 Family Court has set a standard flat fee of $400 for Ad Litems in N -D cases and $275in Citation by publication Cases, it is projected that the annual cost of Ad Litems to JudgeCherry's court will be $45,000, for an annual savings of$57,266.

LEGAL IMPACTNone

RECOMMENDATIONThe Office ofBudget and Evaluation recommends that Commissioners Court approve thedeletion of a Public Defender (position #221) from the Family Division effective April 21, 2009



1 0 1


April 13, 2009

r,

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Ryilrown, Budget Officer

Ronica L. Watkins, Senior Budget and Policy Analyst

Mental Health Diversion Court Grant Application

BackgroundThe Criminal Justice Division, Office of the Governor, is accepting applications for FY20092010 Justice Assistance Grant funding. The Dallas County Mental Health Diversion Court beganoperation July 6, 2004. Mental health courts have been created in numerous jurisdictions acrossthe United States, largely as a response to the increasing number of defendants with seriousmental illnesses who are caught up in the criminal justice system. They are based on theinnovative drug court program that was first developed in Miami, Florida in 1989. The drugcourt concept has received widespread attention as an effective treatment strategy for druginvolved criminal offenders. Drug courts are designed to reduce the impact of crime onindividuals, families, community and the criminal justice system by using the power of the courtto engage nonviolent drug offenders in appropriate treatment as an alternative to traditionalcriminal justice processing. In 1997, Broward County, FL, translated the drug court model tocases involving people with mental illnesses and created the nation's first mental health court.

Currently, NorthSTAR will only pay for 14 days of residential drug treatment. This is consideredby the mental health community to be an unreasonable benchmark because anyone that has asevere addiction that warrants residential treatment can not get off of drugs in 14 days, let alonesomeone with a co-occurring mental illness. This is a continuation grant that provides the courtthe flexibility to send someone to treatment for 30-45 days, which is the normal course oftreatment. The purpose of this briefing is to provide Commissioners Court with arecommendation for the submittal of this grant.

41 1 Elm Street - 3rd Floor, Dallas Texas 75202-3340


102

Operational ImpactThis grant is requesting continuation funding for residential substance abuse treatment ofindigent offenders with co-occurring disorders projected to be enrolled in the Dallas CountyMental Health Diversion Court in FY201O. Grant activities will consist of residential substanceabuse treatment in DSHS-Iicensed facilities contracted through the County bid process.

The target population is adults charged with non-violent misdemeanor offenses A-B and certaindefendants on non-violent felony probation with technical violations who are identified asmembers of the Priority Population (Schizophrenia, Bipolar Disorder, and Major DepressiveDisorder).

The goal of the project is to reduce recidivism among offenders with co-occurring disorders byproviding structured supervised substance abuse treatment along with intensive case managementand judicial monitoring that assists participants in maintaining abstinence from drugs and/oralcohol.

The current grant allows treatment for three persons per month for 15 days beyond whatNorthSTAR covers per person. The statistics of the program for FY2009 demonstrate that over75% of the individuals require treatment in order to be successful in the Diversion program.Therefore, the continuation grant application requests an increase in funding to provide servicesfor approximately 5-7 persons per month. The cost per day has increased from $55 per day to$74 per day for treatment.

Performance MeasuresStandard performance measures are required for diversion court programs. As part of therequirements of the grant both output and outcome measures will be established based upon theStandard CJD Drug Court Objectives. The performance measures of the grant application willreflect the services being provided and the extent to which the goals of the project have beenachieved.

Strategic Plan ComplianceThe grant is consistent with the County's newly approved Strategic Plan and specifically impactsthe following Vision 3) Dallas County is safe, secure and prepared. The proposed grant programwill assist defendants in stabilizing their lives.

Financial ImpactThe grant seeks funding to purchase residential substance abuse treatment services throughcontract providers. The grant application is requesting funds in the amount of $86,776 with nocash match required. It is estimated that the grant funds will provide up to six individuals(average, but could be up to seven per month) needing treatment for at least IS days at $74 perday of residential substance abuse treatment for an estimated amount of $6,660 per month($79,920 annually). Additional funding request includes: travel ($4,906), transportation -bustickets for participants ($1,200) and instant test kits for participant testing at court appearance($750). All vendors that are contracted for services are required to have a facility, program andindividual licenses, and credentials issued by the Texas Department of State Health Services(formerly TCADA).

RecommendationThe Office of Budget and Evaluation recommends submission of the grant application to theCriminal Justice Division, Office of the Governor. The grant application is requesting funding

103


April 13,2009


THROUGH: Ryan Brown, Budget Officer

FROM: Ronica L. Watkins, Senior Budget and Policy Analyst

SUBJECT: Community Oriented Policing Services Grant Application

BackgroundThe U.S. Department of Justice, Office of the Community Oriented Policing Services hasannounced the availability of funding under the COPS Hiring Recovery Program (CHRP). TheCOPS Office will receive the funds from the American Recovery and Reinvestment Act of 2009to address personnel needs of state, local, and tribal law enforcement. CHRP is a competitivegrant program to law enforcement agencies having primary law enforcement authority to createand preserve jobs and to increase their community policing capacity and crime prevention. Allapplications for CHRP grants will be accepted online from March 16,2009 through April 14,2009.

The Dallas County District Attorney's Office is submitting an application requesting salary andbenefits for four Investigator positions (one Investigator I and three Investigator II positions). Thepurpose of this briefing is to advise Commissioners Court that the Dallas County DistrictAttorney's Office submitted the grant application to meet the April 14th deadline.

Operational ImpactThe grant seeks funding for salary and benefits for an Investigator I position that was deleted aspart of the FY2009 Budget reductions. The Investigator I, prepared subpoenas for court, locatedwitnesses for trials and assisted prosecutors with their research and trial needs. The lawenforcement component is needed to serve the subpoenas, make trips to crime scene locationsand assist in trials (i.e., securing witnesses and being present during any questioning ofwitnesses). Oftentimes, the Investigator I makes the initial District Attorney contact withvictims.



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In addition, three Investigator IT positions were deleted as part of FY2009 Budget reductions. Theprimary duties of these three positions include: independently reviewing, organizing andsecuring data while identifying significant elements and solutions to possible impediments. TheInvestigator IT positions were responsible for assisting in Grand Jury preparation andaccompanying prosecutors into the field to review crime scenes and interview victims andpotential witnesses.

Performance MeasuresAs part of the Department of Justice - CHRP project guidelines, grants have to establish bothoutput and outcome measures. The performance measures of the grant application include theagency's implementation of community partnerships and support, related governmental andcommunity initiatives that complement the use of CHRP funds, and organizationaltransformation.

Strategic Plan ComplianceThe grant is consistent with the County's Strategic Plan and specifically impacts the foJlowingVision 3) Dallas County is safe, secure and prepared. The proposed grant program will assistdefendants in stabilizing their lives.

Financial ImpactThere is no local match requirement for CHRP, but grant funding will be based on current entrylevel salary and benefits packages. Any additional costs for higher salaries or benefits forparticular individuals will be the responsibility of the grantee agency. CHRP grants wiJl providel Ot) percent funding for approved entry-level salaries and benefits for 3 years (36 months) fornewly hired, full-time sworn officer positions (including filling existing unfunded vacancies) orfor rehired officers who have been laid off, or are scheduled to be laid off on a future date, as aresult of local budget cuts. At the conclusion of federal funding, grantees must retain aJl swornofficer positions awarded under the CHRP grant. The total positions should be added to thegrantees budget over and above the number of locaJly-funded positions that would have existedin the absence of the grant.

The grant application seeks funding for four positions including salary and benefits. OneInvestigator I position at $63,129 (salary and benefits) and three Investigator II positions at$71,247 per position (salary and benefits). Total request of funding is $276,872 per year. Fundingfor these four positions were part of a budget reduction of the District Attorney's Office budgetin FY2009.

RecommendationThe Office of Budget and Evaluation recommends submission of the grant application to the U.S.Department of Justice, Office of the Community Oriented Policing Services. The amount of thegrant application is $276,872 per year for three years. If the grant is funded the Office of Budgetand Evaluation will brief the court on the notice of award.


105

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Apri! 15,2009

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

RyaC"frown, Budget Officer

Office of Budget and Evaluation Staff

Hiring Freeze Exceptions

The following departments have requested exceptions to the hiring freeze. Additionaldocumentation is available for further reference.

County Judge - Recommended 0Judge Foster requests an exception to the hiring freeze to fill the vacant Executive Assistantposition (Position #0530). There is approximately 77 hours in benefit-run off. The last day ofthe employee for this position was April 3, 2009. The loss of one Executive Assistant in theoffice adversely impacts the daily operation.

District Clerk· RecommendedChief Deputy - Position #3515 - The District Clerk requests an exception to the hiring freeze tofill the Chief Deputy position to provide senior leadership to the department and to oversee thevast majority of current projects,

Civil/Family Operations Manager - Position #9915 - The District Clerk requests an exception tothe hiring freeze to fill the CivillFamily Operations Manager position. This position is vital to thesuccess of the imaging project in family courts as well as the TexasOnline e-filing project forcivil courts. A delay in filling this position could cause a delay in realizing the efficiencies wehope to gain from these two projects. This is the largest division of the D. C. office and servicesthe largest number of courts. It is important that the day-to-day operations of this department areoverseen by management to address issues and ensure the highest level of customer service to thelegal community and others doing business with the courts.

Manager III - Position #9914 - The District Clerk requests an exception to the hiring freeze tofill the Manager III position to continue to meet the daily operations needs of the courts and toensure that lower level managers receive appropriate direction on current projects.



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April 15, 2009

TO:

THROUGH:

Commissioners Court.o.,Budget Offieer

FROM: Roniea L. Watkins, Senior Budget and Poliey Analyst

SUBJECT: Distriet Attorney Gang Unit

BACKGROUNDThe District Attorney's Office has submitted a continuation grant application for the Six Ciiy'Gang Initiative. The grant application was due on April 2, 2009. The current project ends May ~

2009. The grant application requested an Attorney V position for the amount of $251,412 (salaryand benefits) for a 24 month period. The purpose of this briefing is to provide details and advisethe Commissioners Court on the submission of the application.

OPERATIONAL IMPACTAlthough the Dallas Police Department (DPD) has a designated gang unit, the Dallas CountyDistrict Attorney's Office has no unit and no staff specifically assigned to prosecute gang-relatedcrimes. Offences filed with the District Attorney's Office by DPD are randomly assignedamongst the seventeen Felony District Courts. There is no District Attorney staff with acomprehensive working knowledge of gang-related ineidents, or to work with local policyagencies to provide reactive and proaetive strategies, or coordinate with federal, state and locallaw enforcement agencies. The creation of a gang unit in Distriet Attorney's Office OrganizedCrime Division will allow for effective, intelligent and aggressive prosecution of gang relatedcrimes.

The purpose of the Six City Gang Initiative is to reduce gang crime and violence. One of thecomponents of this plan is the creation of "prosecution and law enforcement strategies thatreduce the occurrence of violent gang-related incidents through both reactive and proactiveefforts supported by enforcement planning coordinated with federal, state and local lawenforcement and informed by date and real-time intelligence." The District Attorney hasrequested an Attorney V position to be funded by the Six City Gang Initiative. The Attorney Vwill serve as the Chief Gang Prosecutor. They will work directly with the DPD gang unit onoffenses that occur through out the City of Dallas and with other local agencies regarding otherareas of Dallas County with gang activity.

41 I Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6363. Fax (214) 653-6517. [email protected]

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The primary areas of focus will continue to be the Pleasant Grove, North Oak Cliff and SouthDallas by "getting out on the streets" with the gang officers, learning about the gangs, theirmembership and operational structures and creating strategies for case preparation by DPD andother agencies. Additionally, this position will be responsible for coordinating the intake of newcases, as well as presenting cases to the Dallas County Grand Jury for indictment.

PERFORMANCE MEASURESThe Office of Budget and Evaluation will work with the District Attorney's Gang Unit to createPerformance Measures. It is anticipated that the following will be tracked: a) Number of casesfiled, accepted, rejected, presented to the Grand Jury, indicted, no-billed and disposition of cases.In addition, the number of cases with firearm and without firearm will be tracked along withnumber of cases transferred to the United States Attorney's Office for Federal Prosecution.

STRATEGIC PLAN COMPLIANCEThe grant is consistent with the County's newly approved Strategic Plan and specifically impactsthe following Vision 3) Dallas County is safe, secure and prepared. The proposed grant programwiJl assist defendants in stabilizing their lives.

FINANCIAL IMPACTThere is no cash match required. The total grant continuation funding request is for one AttorneyV position in the amount of $251,412 (salary and benefits) for a 24 month period.

RECOMMENDAnONThe Office of Budget and Evaluation recommends that Commissioners Court authorize theDistrict Attorney'S Office to submit the Six City Gang Initiative (Attorney V) grant application.

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April 21, 2009

MISCELLANEOUS

1) COUNTY TREASURER - as briefed in Commissioners Court July 22, 2008,and in conformance with Court Order 2008 1399 adopted by CommissionersCourt July 29, 2009, the County Treasurer in cooperation with the Auditor andInformation Technology and the Depository Bank expects to implementelectronic payment for all employee reimbursements effective April 28, 2009.These electronic payments will be made via Bank of America's PayMode ACHelectronic payment service. County employees receiving reimbursements canconfirm receipt of their reimbursements by review of their direct deposit bankaccount statements. All employees will receive electronic reimbursements exceptthose that are grandfathered and still receiving payroll checks.

2) PLANNING & DEVELOPMENT - requests approval for an interlocalagreement with the City of Irving for the design and construction ofthe extensionof the Sam Houston Park Trail through Valley Ranch. Funding in the amount of$1.3 million for the County's share of this project has been budgeted in theFY2009 major capital development fund.

3) HEALTH & HUMAN SERVICES - requests approval to accept donation fromthe Hillcrest Foundation in the amount of $2,000 for the purchase of food forDallas County low-income and indigent residents.


4) CLEAN AIR TASK FORCE - requests approval to accept one 2000 ChevroletMalibu seized by the Task Force to be used for covert operations. Recommendedby the Office of Budget and Evaluation.

5) OFFICE OF BUDGET & EVALUAnON - requests approval:

a) by Constable Precinct 5 to pay Sun Badges for off-contract badgespurchased for officers in the office. The seventy-one (71) badges werepurchased for $97 each. Constable Precinct 5 received approval to useDDA awards to purchase badges through a miscellaneous equipmentbriefing on November 25, 2008. The Office of Budget and Evaluationdoes not recommend payment to the vendor since the office did not followpurchasing procedures and further recommends that the individual officersbe responsible for the charges.

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b) to delete the South Tower Transition Team positions created with CourtOrder No. 2008-0159. With the opening of the new Kays South Tower,the Transition Team positions (two Detention Service Supervisorpositions, four Detention Service Officer positions and one Secretaryposition) are no longer needed.

6) COUNTY CLERK - requests approval

a) to allow John Warren, County Clerk, and Ed Bailey, Chief Deputy, toattend the 2009 Texas Association of Counties Annual Conference inAustin, Texas from August 23 through August 26, 2009 at a total cost of$1,973. Funds are available in the County Clerk's Records ManagementFund. Recommended by the Office of Budget and Evaluation.

John WarrenMileage 398 miles x .55 per mile = $219Hotel 3 Nights x $160 per night = $480Meals = $35 per day x 4 days = $140Registration Fee = $225Parking Costs = $64

Ed BaileyHotel 3 Nights x $160 per night = $480Meals = $35 per day x 4 days = $140Registration Fee = $225

b) to reimburse Sedrick King for the additional $104 from the County ClerkRecords Management Fund. Recommended by the Office of Budget andEvaluation. On March 24, 2009, Commissioners Court approved SedrickKing to travel to Comal County at a daily hotel rate of $80 or a total of$160. Upon Mr. King's arrival, the hotel room was not available and hewas relocated to another hotel at an increased cost of $52 per night for atotal amount of $264.

7) PUBLIC DEFENDER - requests approval:

a)

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on February 10, 2009, Commissioners Court approved for Lashica WaltonBarnes, Public Defender to attend the 34th Annual Forensic Mental HealthAssociation of California conference. The dates listed in the briefing wereMarch 18-20, 2009. The correct dates of the employees travel shouldhave been listed as March 17-20, 2009. Funds for the conference werepaid for by the Task Force on Indigent Defense Grant Discretionary funds.Recommended by the Office of Budget and Evaluation.

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b) to utilize $7,500 of the department's extra help funds to hire temporaryservices to allow the department to reduce the amount of data entry thatthey must perform to have a large amount of files prepared for off-sitestorage. If approved, the funds will be moved from 120.4040.1060.0(General Fund, Public Defender, Extra Help, FY2009) to 120.4040.5590.0(General Fund, Public Defender, Other Professional Fees, FY2009).Recommended by the Office of Budget and Evaluation.

8) CRIMINAL JUSTICE - requests approval for Patricia Scali, Mental HealthCoordinator, to attend the National Association of Drug Court Professionals 15th

Annual Training Conference from June 6-13, 2009 in Anaheim, California. Thefunding for the conference will be provided as follows:

Criminal Justice Department DDA (120.4014.2230.0)Meals - $50 per day x 5 days = $250Air Fare - $500Registration Fee - $50Taxi Fare - $90

County Criminal Court of Appeals Court DDA (120.4615.2230)Registration Fee - $600

DIVERT Court Escrow FundHotel - $220 per night x 4 Nights = $880

TRAVEL REQUESTS

9) PROBATE COURT NO.3 - requests approval for Z. Locke Lewis to attend theTCPJ in Dallas, Texas on September 10-12, 2009: $455 ($350 registration fee) isavailable in General Fund, Probate Court No.3, Education Fund Account, FYBudget 2009, (00120.4703.21667.2009).

10) DISTRICT ATTORNEY - requests approval for Rose Luna and Dene Edmistonto train Law Enforcement, ADAs, Advocates and other Allied Professionals onFamily Violence Issues in Dallas, Texas on April 24, 2009: $772.90 is availablein Grant Fund, Regional Training Grant, Business Travel Account, FY Budget2009, (00466.1342911-09-6001.4010.2009).

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11) ELECTIONS- requests approval for:

a) Toni Pippins-Poole to attend the 38th Annual IACREOT NationalConference in Spokane, Washington on July 5-12, 2009: $2,623.25 ($430registration fee) is available in General Fund, Elections Department,Business Travel Account, FY Budget 2009, (00532.94036.04010.2009).Partially or fully reimbursed by Chapter 19 or HAVA Funds.

b) Bruce Sherbet to attend the 38th Annual IACREOT NationalConference in Spokane, Washington on July 6-12, 2009: $2,475.70 ($430registration fee) is available in General Fund, Elections Department,Business Travel Account, FY Budget 2009, (00532.94036.04010.2009).Partially or fully reimbursed by Chapter 19 or HAVA Funds.

c) Danny Clayton to attend the ss" Annual IACREOT NationalConference in Spokane, Washington on July 6-12, 2009: $2,475.70 ($430registration fee) is available in General Fund, Elections Department,Business Travel Account, FY Budget 2009, (00532.94036.04010.2009).Partially or fully reimbursed by Chapter 19 or HAVA Funds.

12) HEALTH & HUMAN SERVICES - requests approval for:

a) Thomas Lewis, Deanna Gilmore and Evelyn Johnson to attend the Section8 Housing Choice Voucher Effective Interviewing and Fraud Preventionin Fort Worth, Texas on May 5-6, 2009: $1,225 ($1,185 registration fee)is available in Grant Fund, Section 8 Department, Training Fee Account,FY Budget 2004, (00467.08050.2460.2004).

b) Thomas Lewis and Kesete Yohannes to attend the Section 8 HousingChoice Voucher Fair Housing Reasonable Accommodation in Fort Worth,Texas on May 7-8, 2009: $1,390 ($1,350 registration fee) is available inGrant Fund, Section 8 Department, Training Fee Account, FY Budget2004, (00467.08050.2460.2004).

c) Bobbie Smith to attend a State approved and required CEU Course-OSSFRefresher Class, Installers I & 2, DR's and SE's in Fort Worth, Texas onMay 20, 2009: $145 (registration fee) is available in General Fund, HealthAdministration Department, DDA Account, FY Budget 2009,(00120.5210.02230.2009).

d) Eunice Kimunai to attend the Leadership Certificate Track withManagement Concepts in Washington, D.C. on September 27-30, 2009:$2,812.20 ($890 registration fee) is available in Grant Fund, RWDepartment, Conference and Staff Development Account, FY Budget2009, (00466.65503.02050.2009).

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e) Eunice Kimunai to attend the Leadership Certificate Track withManagement Concepts in Denver, Colorado on October 13-16, 2009:$2,362.20 ($890 registration fee) is available in Grant Fund, RWDepartment, Conference & Staff Development Account, FY Budget 2009,(00466.65503.02050.2009).

f) Eunice Kimunai to attend the Leadership Certificate Track withManagement Concepts in Washington, D.C. on November 1-4, 2009:$2,812.20 ($890 registration fee) is available in Grant Fund, RWDepartment, Conference & Staff Development Account, FY Budget 2009,(00466.65511.02050.2009).

EXCEPTION TO TRAVEL REOUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED

Travel Requests submitted tor approval aOer travel had occurred:

13) IT SERVICES - requests approval for Robert Clines and Gwen Spencer toattend a meeting with Bexar County IT Director to discuss ACMS/JCMS inAustin, Texas on February II, 2009: $701.40 is available in Major TechnologyFund, IT Services Department, Business Travel Account, FY Budget 2009,(00195.1090.4010.2009).

Travel Request with reimbursements going over Dallas County Policy maximumreimbursement schedule:

14) HEALTH & HUMAN SERVICES - requests approval for Eunice Kimunai toattend the Leadership Certificate Track with Management Concepts in Vienna,Virginia on September 8-11, 2009: $2,772.20 ($830 registration fee) is availablein Grant Fund, RW Department, Conference and Staff Development Account, FYBudget 2009, (00466.65503.02050.2009).

MISCELLANEOUS EQUIPMENT

(1) DEPARTMENT:

ITEMS:

ESTIMATED COST:

5211 Health & Human Service - EnvironmentalHealthI - Shipment for Gravid Traps5 - Updraft Gravid Trap Part #1719$700

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(3)

FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 1210ITEMS:

ESTIMATED COST:FUNDlNG SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:


ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

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Within Budget120.5211.0284.2009 General Fund, Health& Human Services, Property less than$5,000, FY2009)The Health and Human Service Departmentis requesting authorization to purchase theabove listed items for the West Nile VirusSurveillance. Recommended by the Officeof Budget and Evaluation.

Elections2 - Printronix L7032 Laser Printers($10,889 ea.)2 - Installation Hours ($266 ea.)$22,310Within Budget532.0.8630.91295 (Escrow Fund, ComputerHardware, Chapter 19 Escrow)Elections requests authorization to purchasethe above listed equipment to replace brokenequipment. Items will be reimbursed byChapter 19 Escrow Funds. Recommendedby Office of Budget & Evaluation.

Elections2 - Printer Stands ($650 ea.)1 - Supplies Kit (Toner, Fuser, etc.) ($355ea)$1,655Within Budget532.0.2880.94036 (Escrow Fund, ElectionSupplies, Elections Escrow)Elections requests authorization to purchasethe above listed equipment and supplies.Recommended by Office of Budget &Evaluation.

(4) DEPARTMENT: 331lITEMS:

ESTIMATED COST:FUNDlNG SOURCE:EXPENDITURE SOURCE:

Crime Lab14- Ruggidized laptops ($3,700 ea)10 - Barcode readers ($160 ea)$53,400Grant Fund466.0.8630.2009.0.0.3007 (GrantCrime Lab, FY2009)

Fund,

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PROPOSED ACTION:

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Crime Lab requests authorization topurchase laptops and barcode readers underthe Coverdell grant. Recommended by theOffice of Budget and Evaluation.

(5)

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(7)

DEPARTMENT: 331lITEMS:


PROPOSED ACTION:



PROPOSED ACTION:



PROPOSED ACTION:

Crime Lab3 - Justice Trax licenses ($2,850 ea)14 - Microsoft Office software ($402 ea)$14,178Grant Fund466.0.8640.2009.0.0.3007 (Grant Fund,Crime Lab, FY2009)Crime Lab requests authorization topurchase software under the Coverdell grant.Recommended by the Office of Budget andEvaluation.

Crime Lab2 - Heat sealers ($2,200 ea.)I - Software for DNA sequence alignment($6,000)$10,400Grant Fund466.0.0.2008.0.0.3400.0 (Grant Fund, CrimeLab, FY2009)Crime Lab requests authorization topurchase heat sealers and DNA softwareunder the DNA Capacity Enhancementgrant. Recommended by the Office ofBudget and Evaluation.

North Texas Auto Theft Task Force2 - MDC Software, Licensing and Support($1,520)$3,040Grant Fund466.8640.2009.5600 (Grant Fund, AutoTheft Task Force, FY2009)NTATTF requests authorization to purchasesoftware and licensing to be put on newmobile computers and used in the field.Recommended by the Office of Budget andEvaluation.

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DEPARTMENT: 3340ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:


PROPOSED ACTION:

DEPARTMENT: 2004ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

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OSEMI - Digital Recorder$60Within Budget120.3340.2160.0000 (General Fund, OSEM,Office Supplies, FY2009)OSEM requests authorization to purchase adigital recorder for meetings andconferences to transfer information back tothe department Recommended by theOffice of Budget and Evaluation,

Constable Precinct 3, AdamcikI - Outer Carrier Vest$106Federal Forfeiture532.0.2131.0.0,91006 (Federal Forfeiture,Constable Precinct 3, FY2009)Constable Precinct 3 requests authorizationto purchase an outer carrier vestRecommended by the Office of Budget andEvaluation.

Clean Air Task ForceI - Body Armor$367Grant Fund466.2970,0.2008.0.2004 (Grant Fund, CleanAir Task Force, Uniforms, FY2009)Clean Air Task Force requests authorizationto purchase body armor. Recommended bythe Office of Budget and Evaluation.

EXPENDITURE SOURCE:

(11) DEPARTMENT:ITEMS:

ESTIMATED COST:FUNDING SOURCE:

00195.1090 Office ofInformation Technology2 - I each Backup Battery for EMC CX600,EMC CX700$2,400Major Technology Fund, Prior Year ServerRefresh00195.0000.08640.2008.0000,92059 (PriorYear Server Refresh)

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PROPOSED ACTION:


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



PROPOSED ACTION:


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The Office of Information Technologyrequests Commissioners Court approval topurchase I replacement backup battery forEMC CX600 and EMC CX700 located inFrank Crowley. Equipment is no longerunder maintenance. These battery backupswill provide redundant power for thesystems if the primary power supply fails.Recommended by the Office of InformationTechnology.

Wilmer Substance Abuse Facilities6 - Surface Troffer Fluorescent Lights.Lithonia #8661418, Grainger PIN #3YAI2,$145.75 ea.$874.50Wilmer Escrow AccountWilmer Escrow AccountWilmer Substance Abuse Facilities requeststo replace Mercury Vapor Porch Lights onCottage A & B & C at Wilmer.Recommended by Facilities Management.

Operations Services - Facilities Management3- Lithonia Light Fixture # TWH250 MTBLBI SCWA at $203 ea.$609Within Budget00120.1022.02690 (General Fund.Operations Services - Facilities, Hardware& Electrical Supplies)The Facilities Management requestsCommissioners Court approval to replacebroken Fixtures at Frank Crowley Bldg.Recommended by Facilities Management.

Operations Services - Facilities Management2 - DeWalt Brand Cordless Brad Nailer Kit,18 volt, 5/8" - 2" Brad Nails Model#DC608K, Grainger PIN #2VDJ9, $271.54ea.I - Brad Nail, 18 Gauge 5/8" length Package of 5000, Grainger PIN #3FZLI,$9.78 ea.

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PROPOSED ACTION:



PROPOSED ACTION:


PROPOSED ACTION:

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I - Brad Nail, 18 Gauge, 1-1/4" length Package of 5000, Grainger PIN #3FZL2,$14.18 ea.1 - Brad Nail, 18 Gauge, 1-112" length Package of 5000, Grainger PIN #3FZL3,$16.28 ea.1 - Brad Nail, 18 Gauge, 2" length - Packageof5000, Grainger PIN #3FZL4, $19.72 ea.$603.04Within Budget00120.1022.02730 (General Fund,Operations Services - Facilities, SmallTools)The Facilities Management requestsCommissioners Court the aforementionedequipment to be used for the Frank CrowleyCourtroom Project. Recommended byFacilities Management.

Operations Services - Facilities Management20 - LED exit sign with battery backup,quantum series, white thermoplastic, redletters, nicad battery backup, stencil face,Mfr: Lithonia, PIN 388066, Model PIN#LQM S W 3 R 120/277 EL N $39.95 ea.$799Within Budget00120.1022,02090 (General Fund,Operations Services - Facilities, Propertyless than $5,000)The Facilities Management requestsCommissioners Court approval to replacejail exit signs with one that are more visibleand long lasting. Recommended by theCounty Fire Marshall.

265th Criminal District Court1- Four Drawer File Cabinet$250DDA120.4430.2230,0 (General Fund, 265thCriminal District Court, DDA, FY2009)The 265th Criminal District Court requestsauthorization to purchase a file cabinet useby the court staff. Recommended by theOffice of Budget and Evaluation.

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(17) DEPARTMENT: 4031ITEMS:


PROPOSED ACTION:

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County Clerk1- Laptop Computer ($1,900)1- External Hard Drive ($200)$2,100County Clerks Records Management Fund120.4031.2093.0 (General Fund. CountyClerk. Computer Hardware less than $5,000.FY2009)The County Clerk requests authorization topurchase a replacement laptop computer toreplace one that was stolen from the CountyClerk's vehicle. Recommended by theOffice of Budget and Evaluation.

TELECOMMUNICATIONS

District Attorney M-0904018 - requests to issue long distance authorization codes tothree new employees to contact outside entities. Equipment $0.00; Installation $0.00;Recurring Cost $0.00 - Recommended

Criminal Dist. Ct. 2 M-0904019 - requests a multi-line speaker phone with displayJudge's new position as Presiding Judge. Equipment $76.00; Installation $0.00;Recurring Cost $0.00 - Recommended

Parkland Jail Health P-0904007- requests a total of six voice and six data lines. Onephone line for fax and a single line phone. Equipment $300.00; Installation $1.600.00;Recurring Cost $0.00 - Recommended

Sheriff-Fiscal M-0904020 - requests to issue long distance authorization code foremployee to contact outside entities. Equipment $0.00; Installation $0.00; RecurringCost $0.00 - Recommended

Sheriff-New Suzanne Kays - requests:D-0904003 - installation of a data line for Jpay System. Equipment $0.00; Installation$125.00; Recurring Cost $0.00 - Recommended

D-0904004 - installation of a data line for Jpay System. Equipment $0.00; Installation$125.00; Recurring Cost $0.00 - Recommended

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

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

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

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

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