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DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA
May 11, 2010
REPORTS/RECOMMENDATIONSIREQUESTS
1) HEALTH & HUMAN SERVICES
PAGE NOS.
a) Amendment to the Texas Department of State Health Services Contract2009-032l52-00lA, CPS Laboratory Response Network-PHEP 3-8
(COURT ORDER ON FORMAL AGENDA)
b) Weatherization Assistance Program 9-24(COURT ORDER ON FORMAL AGENDA)
c) Department of State Health Services FY-2010 Ryan White Part BSupplemental Grant Award and Contract Amendment 25-33
2) TELECOMMUNICATION SERVICES
Call Accounting Application for Long Distance Call Management. 34-35
3) CRIMINAL JUSTICE
Transfer of Authority to the North Texas Behavioral Health Authority 36-37
4) PURCHASING
RFQ for Professional Elevator Consultant Services 38-84
5) PUBLIC WORKS
Harry Hines at Oak Lawn Ramp Improvements, MCIP Project 302llAAward of Construction Contract 85-89
6) BUDGET
a) Sheriffs Office Request for Auto Allowance 90-92
b) Hiring Freeze Exceptions 93
2
c) State Jail Felony Impact Court 94-95
d) Mental Health Diversion Court Grant Application 96-98(COURT ORDER ON FORMAL AGENDA)
7) Information N/A" Jail Population Report" Budget - Reserve Balance Report - May 5, 2010e Purchasing - Annual Contract Data Informatione Health and Human Services - HHS Updates
8) Miscellaneous, Travel Requests, Miscellaneous Equipment, andTelecommunications Requests 99-112
9) PUBLIC COMMENTS
Speakers N/A
FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION
Minister's Letter of Appreciation
DATES TO REMEMBER
Memorial Day, Observed - Monday, May 31, 2010
DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICESAdministration
MEMORANDUM
ZACHARY S. THOMPSONDIRECTOR
SUBJECT: RATIONALE FOR SAME DAY BRIEFING AND COURT ORDER
COMMISSIONERS COURT
May 11, 2010
Zachary Thompson, Director
TO:
FROM:
DATE:
Dallas County Health and Human Services Department is requesting that the amendment to theDepartment of State Health Services Contract No. 2009-032152-001A, CPS-laboratory ResponseNetwork-PHEP, be considered on both the briefing and formal agenda to expedite purchase ofequipment.
2377 N.Stemmons FreewaySuite 644 • lB 12
Dallas, Texas 75207·2710 Office (214) 819·2100FAX (214) 819·2107
4DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICESHealth Division
Zachary S. ThompsonDirector
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
COMMISSIONERS COURT
Zachary Thompson, Director
May 11, 2010
AMENDMENT TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2009-032152001A, CPS-LABORATORY RESPONSE NETWORK-PHEP
(Same Day Briefing and Court Order)
BACKGROUND
An amendment to the Texas Department of State Health Services (DSHS) Contract No. 2009-032152-001A, CPS-laboratoryResponse Network-PHEP has been received from DSHS. This Attachment is being amended to extend the term of the contractand to purchase equipment. The term of the contract is extended to August 1,2009 through July 31,2011.
OPERATIONAL IMPACT
There Is no operational impact to for this contract.
FINANCIAL IMPACT
This amendment reallocates $19,799 from the category of supplies to the category of equipment to purchase one (1) Victor X4Multi-labei Reader, and one (1) Dell Optiplex 755 computer. The discretionary County match will remain the same for thisamendment.
LEGAL IMPACT
The Commissioners Court Is required to approve the amendment to the contract.
STRATEGIC PLAN COMPLIANCE
Recommendations included in this briefing are consistent with the Dallas County Strategic Plan Vision 2: Dallas County is ahealthy community. The CPS-Laboratory Response Network-PHEP contract with DSHS is included under the strategy forproviding disease prevention, health promotion and human service programs to County residents.
RECOMMENDATION
It Is respectfully recommended that the Dallas County Commissioners Court does hereby approve the amendment ofthe TexasDepartment of State Health Services Contract No. 2009-032152-001A, CPS-Laboratory Response Network-PHEP, andauthorizes the County Judge to sign the amendment and all related documents on behalf of Dallas County.
Recommended by:=~~~:-L.~"'l~:::;::~~""'--_
c: Darryl Martin, Court AdministratorVirginia Porter, County AuditorRyan Brown, Budget Officer
2377 N.Stemmons FreewaySuite 644 * LB 12
Dallas, Texas 75207a2710 Office (214) 819-2100FAX (214) 819-2107
5
DEPARTMENT OF STATE HEALTH SERVICES
AmendmentTo
The Department of State Health Services (DSHS) and DALLAS COUNTY HEALTH AND HUMANSERVICES DEPARTMENT (Contractor) agree to amend the Program Attachment #.-QQL (ProgramAttachment) to Contract # 2009-032152 (Contract) in accordance with this Amendment No. 001A:CPS-LABORATORY RESPONSE NETWORK-PHEP, effective 03/16/2010.
This Amendment is necessary because: To extend term one year and add a Special Provision.
It is mutually agreed by and between the contracting parties to amend the terms and conditions of DocumentNo. 2009-032152 as written below.
Therefore, DSHS and Contractor agree as follows:
Contract ter.m is hereby revised as follows:
TERM: OS/0l/2009 THRU: ()7!31!2llHl 07/3112011
SECTION VIII. SPECIAL PROVISIONS: is hereby revised to add the following:
General PtQvi~ions.General Busiues"i: Operations of Contractor Article. Equipment Purchases, is revisedas follows:
Contractor is required to initiate the purchase of equipmellt approved under the March 2010Program Attachment amendment. no later than April 30. 20] 0.
Page - 1 of2
6
All other tenus and conditions not hereby amended are to remain in full force and effect. In the event of aconflict between the tenus of this contract and the tenus of this Amendment, this Amendment shall control.
Department of State Health Services Contractor
Signature of Authorized Official Signature of Authorized Official
Date: _ Date: _
Zachary Thompson
Director
Name: ---===:.::.d---====-"- _Title: _
Bob Burnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREETAUSTIN, TEXAS 78756
Address: 2377 N. Stemmons Frwy.. Ste. 600
Dallas, Texas 75207
214/819-2101
Phone: _
Email: -"--_-'- L-=~__Bob.Bumettergldsbs.srate.tx-us
(512) 458-7470
BY:(signature of person authorized to sign)
Jim Foster, County Judge
Page - 2 of2
7
DEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREETAUSTIN, TEXAS 78756-3199
CHG: 001ATHRU: 07/31/2011THRU: 07/31/2011
CATEGORICAL BUDGET CHANGE REQUESTDSHS PROGRAM: CPS-LABORATORY RESPONSE NETWORK-PHEPCONTRATOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENTCONTRACT NO: 2009-032152CONTRACT TERM: 08/01/2009BUDGET PERIOD: 08/01/2009
Change Requested$0.00$0.00$0.00$19,799.00$(19,799.00)$0.00$0.00$0.00
Revised Budget (B)$83,482.00$29,656.00$8,795.00$30,755.00$17,283.00$0.00$24,181.00$194,152.00
$202,500.00$0.00$202,500.00$202,500.00
Current Approved Budget (A)Personnel $83,482.00
fringe Benefits $29,656.00Travel $8,795.00
Equipment $10,956.00Supplies $37,082.00
Contraclual $0.00Other $24,181.00
Total Direcl Charges $194,152.00
SUMMAg
Financial status reports are due: 11/30/2009,03/02/2010,05/31/2010,08/31/2010, 11/30/2010,
03/03/2011, 05/30/2011, 09/29/2011
FORM 1·3: EQUIPMENT AND CONTROLLED ASSETS Budget CategoryDetail Form
Legal Name of Respondent: IOallas County Health and Human Services IItemize, describe and justify the list below. Altach complete specifications or a copy of the purchase order. See attached example for equipment definition anddetailed instructions tocomplete this form.
Description of Item Purpose& JustificationNumber of
Units ICost PerUnit Total
Victor X4 For' FL, LUM,UV, ..Reader w/Per'kin' Elmer Red PMTVictor X4, and ID labels.Dell Optiplex' Mode\755; ?4G1", .',. ....;.<:....... ,>"""': '.\<i\'/'; <::" ,';;<;;:i/<:;':>f')'::/:<';:-:,'/1;"):\,<SATA, MicroSoft;·, WindowsVirusScan, Adobe Acrobaf 8.0 PhClient Access Lincense.
Freezer for Storage of infectiousagents. Outcome 3A need to
Freezer Chest - 86C, 115V, cat # 13 990 194 Imaintain capabilities for BSL. 11 $0
$29,469
$1,286
$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0
(X)
Total Amount Requested for Equipment: ~Revised; 4/22/2009
TO:
FROM:
DATE:
SUBJECT:
9DALLAS COUNTY
DEPARTMENT OF HEALTH AND HUMAN SERVICESADMINISTRATION
ZACHARY TIIOMPSON, M.A.DIRECTOR
COMMISSIONERS COURT
ZACHARY THOMPSON, DIRECTOR
MAY 11, 2010
WEATHERIZATION ASSISTANCE PROGRAMCourt Order on Formal Agenda
BACKGROUNDThe Texas Department of Housing and Community Affairs has notified Dallas County Healthand Human Services of funds in the amount of $2,489,555, for the LlHEAP WeatherizationAssistance Program for the 2010-2011 program year. Contract No. 81100000906, effectiveApril 1, 2010 through March 31, 2011, will fund weatherization services including caulking,weather-stripping, ceiling insulation, replacement or repair of doors and windows, repair orretrofit of inefficient or unsafe heating and cooling units, repair and patching holes in thebuilding envelopes, roof repair, and insulating ineffective water heaters.
FINANCIAL IMPACTTDHCA wiJl fully fund this program with contracted funds totaling $2,489,555. Ofthis amount,$1,827,591 is allocated for material, program support, labor and roof repair; $456,898 is forhealth and safety; $2,000 is allocated for training and technical assistance, and $203,066 is foradministration. There is no financial impact to Dallas County.
OPERATIONAL IMPACTAdministrative funds earned through the program may be utilized to purchase specialequipment and vehicles as needed to further objectives of the program. There is nooperational impact to Dallas County.
LEGAL IMPACTThe Dallas County Commissioners Court must approved the 2010-2011 WeatherizationAssistance Program contract, and authorize the County Judge to electronically execute thecontract on behalf of Dallas County.
STRATEGIC PLAN COMPLIANCERecommendations included in this briefing are consistent with the Dallas County StrategicPlan, Vision 2: Dallas County is a healthy community. The WAP will weatherize low-incomehomes in Dallas County. The weatherization work wiJl include caulking, weather stripping,
2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710(214) 819-2100. Fax (214) 819-6022 • dallascounty.orq
10Commissioners CourtPage 2
ceiling insulation, replacing and repairing ofdoors and windows, patching holes in the buildingenvelopes, roof repair, and insulating ineffective water heaters. The program also funds tuneup, repair or replacement of unhealthy heating and cooling appliances.
RECOMMENDATIONIt is recommended that the Dallas County Commissioners Court approve the 2010-2011LlHEAP Weatherization Assistance Program Contract (No. 81100000906) with the TexasDepartment of Housing and Community Affairs, in the amount of$2,489,555, and authorize theCounty Judge to electronically execute the Contract on behalf of Dallas County.
AttachmentC: Darryl Martin, Court Administrator
Virginia Porter, County AuditorRyan Brown, Budget Officer
2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710(214) 819-2100. Fax (214) 819-6022· dallascounty.orq
1 1TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81J00000906 FOR THELlHEAP WEATHERlZATJON ASSISTANCE PROGRAM (CFDA# 93.568)
SECTION 1. PARTIES TO CONTRACT
This contract (hereinafter "Contract") is made by and between the Texas Department of Housing and Community Affairs,an agency of the State of Texas (hereinafter the "Department") and Dallas County Department of Health and HumanServices (hereinafter the "Subrecfpient"). The term of this Contract shall be for the period identified under Attachment A~ Budget and Performance Document (hereinafter the "Attachment A").
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is April OJ. 2010 through March 3J, 20] J
(hereinafterthe "Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Weatherization AssistanceProgram (WAP) in the counties and in accordance with the budget described in Attachment A of this ContractSubrecipient shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in thedwellings of low-income persons. WAP services will be provided to owner occupied units as well as rental units. Prioritywill be given to households with elderly, persons with disabilities, households with young children that are age five (5) oryounger, and/or households with a high energy burden and households with high energy consumption. Subrecipient shallimplement WAP in accordance with the provisions of Part A of the Energy Conservation in Existing Buildings Act of1976, as amended (42 U.S.c. §686l et seq.); the U.S. Department of Energy (DOE) regulations codified in 10 C.F.R.Parts 440 and 600; any applicable Office of Management and Budget (OMB) Circulars; the Texas WAP State Plan; theTexas LIHE..c\.P State Plan; the State weatherization regulations; the Low-Income Home Energy Assistance Act of 1981 asamended (42 U.S.C.§8621 et seq.); the implementing regulations in 45 C.F.R Part 96; Texas Administrative Code: 10TAC §5.1~§5.20; §5.501-§5.508; §5.521-§5.532 and §5.70l-§5.705. The International Residential Code; InternationalEnergy Conservation Code or in accordance with jurisdictions authorized by State law to adopt later editions; and theterms of this Contract.
SECTION 4. DEPARTMENT FINANCIAL OBUGATI0NS
A. In consideration of Subrecipients satisfactory performance of this Contract, Department shall reimburse Subrecipientfor the actual allowable costs incurred by Subrecipient in the amount specified in Attachment A of this Contract.
B. Department's obligations under this Contract are contingent upon the actual receipt by Department of federal LIHEAPprogram funds. If sufficient funds are not available, Department shall notify Subrecipient in writing within areasonable time after such fact is determined. Department shall then terminate this Contract and will not be liable forthe failure to make any payment to Subrecipient under this Contract.
c. Department is not liable for any cost incurred by Subrecipient which:
(I) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in IOC.F.R. §440.22;
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a federal, state, orlocal program within twelve months from the date weatherization of the dwelling unit is scheduled to becompleted;
(3) is incurred to weatherize a dwelling unit previously weatherized with weatherization assistance program funds,
except as provided for in 10C.F.R. §440. I8(e)(2);
Page I of 14
1 2
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 9 ofthis Contract;
(5) is not incurred during the Contract year;
(6) is not reported to Department on a monthly LlHEAP expenditure report and/or a monthly UHEAP performancereport within sixty (60) days of the termination of this Contract year;
(7) is subject to reimbursement by a source other than Department; or
(8) is made in violation of any provision of this Contract or any provision of federal or state Jawor regulation,including, but not limited to those enumerated in this Contract.
D_ Subrecipient shall> refund; within fifteen (5) days of Department's request, any sum of money paid to Subrecipientwhich Department determines hac resulted in an overpayment or has not been spent in accordance with the· terms ofthis Contract. Department may offset or withhold any amount otherwise owed to Subrecipient under this Contractagainst any amount owed by Subrecipiem to Department arising under this or any other Contract between the parties.
SECTION 5. METHOD OF FAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of UHEAP funds under Attachment A by submitting amonthly expenditure report to Department (through the electronic reportmg system) at its offices in Travis County,Texas. Subrecipient must maintain and follow written procedures to minimize the time elapsing between the transfer offunds from Department and the disbursement of such funds by Subrecipient
B. Subrecipient's requests for advances shall be limited to the minimum amount needed to perform contractualobligations and timed to be in accordance with actual, immediate cash requirements of the Subrecipient in carrying outthe purpose of this Contract. The timing and amount of cash advances shall be as close as administratively feasible, notto exceed a 3(}"day projection of. the actual disbursements by the Subrecipient to direct program costs and theproportionate share of any allowable indirect costs.
C. Subsection 4(A) notwithstanding, Department reserves the right to use a cost reimbursement method of payment for allfunds if (l) Department determines that Subrecipient has maintained excess cash balances; (2) Department identifiesany deficiency in the cash controls or financial management system maintained by Subrecipient; (3) Departmentdetermines that a cost reimbursement method would benefit the program; (4) Department's funding sources require theuse of a cost reimbursement method; or (5) Subrecipient fails to comply with any of the reporting requirements of
Section lO.
D. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible recipients of
the weatherization assistance program and for the payment of the allowable expenditures identified in Section 9 of this
Contract.
SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
Except as expressly modified by Jawor the terms of this Contract, Subrecipient shall comply with the cost principles anduniform administrative requirements set forth in the Uniform Grant and Contract Management Standards, 1 T.A.C. § 5.14]et seq. (the "Uniform Grant Management Standards"). All references to "local government" shall be construed to mean"Subrecipient." Uniform cost principles for local governments are set forth in OMB Circular No. 87, and for non-profits
in OMB Circular No. 122. Uniform administrative requirements for local governments are set forth in OMB Circular No.
J02 and for non-profits in OMB Circular No. II O.
SECTION 7. USE OF ALCOHOLIC BEVERAGES
None of the funds provided under this Contract shall be used for the payment of salaries to any employee who usesalcoholic beverages while on active duty. No funds provided under this Contract shall be used for the purchase of
alcoholic beverages.
Page 2 of 14
1 3
SECTlON 8. TERi\1INAnON Al'm SUSPENSION
A. Department may terminate this Contract, in whole or in part, at any time Department determines that there is cause fortermination. Cause for termination includes but is not limited to Subrecipient's failure to comply with any term of this
Contract, the Texas Administrative Code: 10 TAe §5.17 (Sanctions and Contract Close Out), any State weatherizationregulation, and the WAP State Plan. Department shall notify Subrecipient in writing no less than thirty (30) days priorto the date of termination.
B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediatelysuspend Subrecipient's performance under this Contract if Department identifies possible instances of fraud, abuse,waste, fiscal mismanagement, Of other serious deficiencies in Subrecipient's performance. Suspension shall be atemporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this
Contract.
c. Department shall not be liable for any costs incurred by Subrecipient after termination or during the suspension of thisContract. The termination or suspension of this Contract notwithstanding, Subrecipieat shall not be relieved of anyliability for damages due to Department by virtue of any prior or future breach of this Contract by Subrecipient.Department may withhold any payment otherwise due to Subrecipient until such time as the exact amount of damagesowed to Department by Subrecipient is determined and paid.
SEcnON 9. ALLOWABLE EXPENDmfRES
A. The allowance of Subrecipieru's costs incurred in the performance of this Contract shall be determined in accordancewith the provisions of Section 5 and the regulations set forth in 10 C.F.R. §440.18, subject to the limitations and
exceptions set forth in this Section.
B To the maximum extent practicable, Subrecipient shall utilize funds provided under this Contract for the purchase ofweatherization materials. All weatherization measures installed must have an approved State of Texas Energy Auditsavings-to-investment ratio (SIR) of one or greater unless otherwise indicated. Weatherization measures installed shallbegin with those having the greatest SIR (on approved State of Texas Energy Audit) and proceed in descending orderto the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved. Subrecipiemshall weatherize eligible dwelling units using only weatherization materials which meet or exceed the standardsprescribed by DOE in 10 C.F.R. Part 440, Appendix A, State of Texas adopted International Residential Code (IRC) orin accordance with jurisdictions authorized by State law to adopt later editions.
Allowable WAP expenditures under Attachment A include:
(I) the purchase and delivery of weatherization materials as defined in 10 C.F.R. §440.3;
(2) labor costs for doors, primary windows and storm windows that will result in approved energy savings with a SIRofone or greater in accordance with 10 c.P.R. §440.19;
(3) the cost of weatherization materials and labor for heating and cooling system tune ups. repairs, modification, orreplacements if such will result in improved energy efficiency as demonstrated by SIR of one or better in theapproved State of Texes Energy Audit and. whenever available, heating and cooling systems must have an Energy
Star rating;
(4) transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site and to the
site of weatherization work;
(5) maintenance, operation, and insurance of vehicles used to transport weatherization materials;
(6) maintenance of tools and equipment;
(7) purchaseor lease of tools or equipment;
(8) employment of on-site supervisory personnel;
(9) storage of weatherization materials, tools, and equipment
Page30f14
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(10) incidental repairs (such as repairs to roofs, walls, floors, and other parts of a dwelling unit) if such repairs arenecessary for the effective performance or preservation of weatherization measures (If incidental repairs arenecessary to make the installation of the weatherization measures effective, the cost of incidental repair measurescharged 10 WAF funds awarded under Attachment A shall not exceed the cost of weatherization measures chargedto WAP funds and shall have a whole house SIR of one or greater on the approved State ofTexas Energy Audit.);
(J 1) allowable healthandsafetymeasures; and
(12) allowable base load reduction measures. Health and Safety funds not expended may be moved to the labor,materials, and program support category. These changes will require a Contract action; therefore, Subrecipientmuslprovide'\vrittennotification to the Department at least 90 days prior to the end of the Contract term beforethese. funds can be moved.
C Administrative. costs incurred by Subrecipient in performing this Contract are to be based on actual programmaticexpenditures and shall be allowed up to the amount outlined in the Attachment A. Allowable administrative costs mayinclude reasonable costs associated with Subrecipient's administrative personnel, travel, audit fees, office space,equipment, and supplies which are necessary for the administration of WAP. Administrative costs are earned based
upon the allowable percentage of total allowable expenditures, excluding the allowance for Department / UHEAPTraining Travel or special equipment purchases. Subrecipient may use any or ail of the funds allowed foradministrative purposes under this Contract for the purchese: and delivery of weatherization materials. These changeswill require a contract action; therefore, Subrecfpient must provide written notification to the Department at least 90
days prior to the end of the Contract term before these funds can be moved.
D. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling unitsunder the direction of qualified supervisors.
SECTION 10. RECORD KEEPlNG REQlJIREMENTS
A. Subrecipient shall comply with the record keeping requirements set forth at 10 C.F.R. §440.24 and with suchadditional record keeping requirements as specified by Department.
B. For each dwelling unit weatherized with funds received from WAP under this Contract, Subrecipient shall maintain afile containing. the following information:
(I) completed "Application for Weatherization Services" indicating the ages of the residents, presence in thehousehold ofchildren age five (5) or younger, elderly persons (60 years or older), and persons with disabilities;
(2) 12 month customer billing history for utilities or consumption disclosure release form;
(3) eligibility documentation (proof of income eligibility shall consist of checks, check stubs, award letters, employerstatements, or other similar documents including total income and public assistance payments); no dwelling unitshall be weatherized without documentation that the dwelling unit is an eligible dwelling unit as defmed in 10CTR. §440.22. All proof of income must reflect earnings from within 12 months of the start date indicated onthe building weatherization report (BWR) Proof of income documentation requirements are the same for bothsingle and multifamily housing; effective January 1, 2005, all new applications must have proof of income, or
Declaration of Income Statement for the previous 30 days;
(4) BWR to include certification affinal inspection;
(5) invoices of materials purchased or inventory removal sheets;
(6) invoices of labor;
Page40fJ4
1 5
(7) if 11 rental unit, landlord agreement form (including Exhibits A and B), and landlord financial participation formand Permission to Conduct Energy Audit Form (Department form); and all other Landlord fOnTIS found in theEnergy Assistance Section of the Departments website;
(8) Self-help Certification (Department form), if applicable;
(9) Notice ofDeniaJ (Department form), ifapplicable;
(JO) Signed and dated Building Assessment form, to include at a minimum, existing efficiencies of all heating and
cooling appliances;
(1]) Attic Inspection (local design allowed);
(12) Wall Inspection (local design allowed);
(l3) Justificationfor Omission of Priorities (local design allowed), if applicable;
(J 4) Documentation of pre weatherization carbon monoxide readings for all combustible eppl lances;
(lS) Documentation of post weatherization carbon monoxide readings for all combustible appliances;
(16) Blower Door Data Sheet;
(17)Copy of the cover sheet, SIR page, and Suggested Repairs and Measures page for the approved State of Texas
Energy Audit;
(IS) A complete approved State of Texas Energy Audit on disk and a disk back-up for all units weatherized (unless
using computer based audit);
(19) Signed client receipt of Lead Safe Information (for homes built in 1978 or prior); and
(20) Refrigerator assessment fonn (if applicable).
C. Materials standards documentation .for weatherization materials purchased under this Contract must be maintained
These standards must meet the requirements according to Appendix A of J0 CFR 440_
D. Subrecipient shall give the federal and state funding agencies, the Comptroller Genera! of the United States, andDepartment access to and the right to reproduce all records pertaining to this Contract. All such records shall bemaintained for at least three years after final payment has been made and aJl other pending matters are closed.Subrecipient shall include the requirements ofthis Subsection in all subcontracts.
E. All WAP records maintained by Subrecipient, except records made confidential by law, shall be available forinspection by the public during Subrecipient's normal business hours to the extent required by the Texas Public
Information Act, TEXAS GOVERN.MENT CODE ANNOTATED. Chapter 552.
F. All subrecipients must conduct a full household assessment addressing all possible allowable weatherization measures.
G. Subrecipients must provide program applications, forms and educational materials in English, Spanish and any other
appropriate language.
SECTION II. REPORTING REQUIREMENTS
A. Subrecipient shall electronically submit to Department no later than fifteen (15) days after the end of each month of theContract term a Performance Report listing demographic information on all units completed in the previous month and
an Expenditure Report listing all expenditures of funds under this Contract during the previOUS month These reports~ eyen if Snbrednient bas no new activity to renort during tbe month. Both reports shall be submitted
electTonkally.
Page 5 of 14
1 6
B Subrecipient shall electronically submit to Department no Iater than sixty (60) days after the end of the Contract term afinal expenditure and programmatic report utilizing the Monthly Expenditure Report The failure of Subrecipient to
provide a full accounting of all funds expended under this Contract may result in ineligibility to receive additionalfunds or additional contracts.
C. Subrecipient shall submit to Department no later than sixty (60) days after the end of the Contract term an inventory ofall vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or more and a useful life of more than oneyear, if purchased in whole or in part with funds received under this or previous weatherization assistance programContracts. The inventory shall reflect the tools and equipment on hand as of the last day of the Contract term.
D. Subrecipient shall submit other reports, data, and information on the performance of this Contract as may be requiredby DOE pursuant to :0 C.F.R. §440.25, b1 HHS, or by the Department
E. if Subrecipientfails to submit, in a timely and satisfactory manner, any report or response required by this Contract,including responses to monitoring reports, Department may withhold any and all payments otherwise due or requestedby Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is receivedby Department. If the delinquent report or response is not received within forty-five (45) days 'of its due date,Department may suspend or terminate this Contract. If Subrecipient receives WAP funds from the Department overtwo or more Contracts of subsequent terms, funds may be withheld or this Contract suspended or terminated .bySubrecipierrt's failure to submit a past due report or response {including a report of audit) from a prior Contract term.
SECTION 12. CHANGES A.i'Iffi AMENDMENTS
Any change in the terms of this Contract required by a change in state or federal law or regulation is automaticallyincorporated herein effective. on the date designated by such law or regulation and subrecipient is on constructive notice ofthis change whether actual notice is provided. Except as otherwise specifically provided herein, any other change in thetenus of this Contract shall be by amendment in writing and signed by both parties to this Contract.
SECTION ia NON-BTh'DING GUIDANCE
Department may issue non-binding guidance to explain the rules and provide directions on the terms of this Contract
SECTJON 14. INDEPENDENT SUBREClPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor:indemnify Department against any disallowed costs or other claims, which may be assertedconnection with the services to be performed by Subrecipient under this Contract
SECTlON 1~;. PROCUREMENT STANDARDS & SUBCONTRACfS
Subrecipient agrees toby any third party in
A Subrecipient shall develop and implement procurement procedures, which conform to the uniform administrativerequirements referenced in Section 6 of this Contract Subrecipient shall not procure supplies, equipment, materials, orservices except in accordance with its procurement procedures and the Texas Administrative Code: 10 TAC§5.10-§5.12. All procurement Contracts, other than "small purchases" shall be in writing and shall contain therequired provisions. Subreclpteet must obtain advance written permission from the Department before
purcbasfng any vehicle. Subrecipient shall include language in any subcontract that provides the Department theability to directly review, monitor, and/or audit the operational and financial performance and/or records of work
performed under this Contract.
B Subrecipient shall ensure that its subcontractors comply with all applicable terms of this Contract as if the performancerendered by the subcontractor was being rendered by Subrecipient Subrecipient shall inspect all subcontractors' workand shall be responsible for ensuring that it is completed in a good and workmanlike manner. Subrecipient shall makeno payment to subcontractor until all work is complete andhaspassed a final inspection.
Page 6 of 14
1 7
c. It is the sole responsibility of Subrecipient's authorized weatherization staff to perform every initial assessment, every
approved State of Texas Energy Audit, and every final inspection. In an emergency situation, Subrecipient may requestin writing that the Department waive this requirement The Department will review each request separately todetermine whether a waiver will be granted, the conditions for the waiver, and the maximum time allotted for thewaiver. Under no circumstances will a waiver be granted for longer than six months. Failure to strictly adhere to thispolicy will result in disallowedcosts.
SECTION 1<,. AUDIT
A. Subrecipienr shall arrange for the performance of an annual financial and compliance audit of funds received andperformances rendered under this Contract, subject to the following conditions and limitations:
(1) Subreoipients expending $500,000 or more in federal financial assistance for any fiscal year ending on or afterDecember 31, 2003, shall have an audit made in accordance with Department's supplemental audit guide, theSingle Audit Act Amendments of 1996, 31 V.S.c. 7501, et seq. andOMB Circular No. 133 - Revised June 27,2003, "Audits of States, Local Governments, and Non-Profit Organizations." For purposes of this Section 15,"federal financial assistance" means assistance provided by a federal agency in the form of grants; contracts, loans,loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but doesnot include direct federal cash assistance to individuals. The term includes awards of federal financial assistancereceived directly from federal agencies, or indirectly through other units of state and local government.
(2) Subrecipient shall utilize funds budgeted under this Contract to pay for that portion of the cost of such auditservices properly allocable to the activities funded by Department under this Contract, provided however thatDepartment shall not make payment for the cost of such audit services until Department has received a satisfactoryaudit report, as determined by Department, from Subrecipient.
(3) Subrecipient shall submit two (2) copies of the report of such audit and any associated management letter toDepartment within thirty (30) days after the completion of the audit, and no later than nine (9) months after theend of the audit period. However, for fiscal years beginning on or before June 30, 1998, the audit shall becompleted and submitted within the earlier of 30 days after receipt of the auditor's report or 13 months after theend of the audit period. Subrecipient shall ensure that the audit report is made available for public inspectionwithin thirty (30) days after completion of the audit. Audits performed under this Section 16 are subject to reviewand resolution by Department or its authorized representative.
(4) The audit report must include verification of all expenditures by budget category, in accordance with the finalMonthly Expenditure Report submitted to close out the Contract year.
R Subsectio-n A notwithstanding, Subrecipients expending less than $500,000 in Federal financial assistance may arrangefor the performance of an annual financial statement audit. Such audit should include verification as required in§16(A)(4).
C. Subsection A notwithstanding, Department reserves the right to conduct an annual financial and compliance audit offunds received and performances rendered under this Contract. Subrecipient agrees to permit Department or its
authorized representative to audit Subrecipient's records and to obtain any documents, materials, or informationnecessary to facilitate such audit
D. Subrecipient understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financialand compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that
. reimbursement to Department of such disallowed costs shall be paid by Subrecipient from funds which were notprovided or otherwise made available to Subrecipient under this Contract.
E. Subrecipient shall. take such action to facilitate the performance of such audit or audits conducted pursuant to thissection as Department may require of Subrecipient.
Page7 of 14
1 8
F. Subrecipient shall procure audit services through an open, competitive process at least once every four years. Theauditor shall retain working papers and reports for a minimum of three years after the date of issuance of the auditor'sreport to the auditee. Audit working papers shall be made available upon request to Department at the completion ofthe audit, as a part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistentwith the purposes of this part. Access to working papers includes the right to obtain copies of working papers, as isreasonable and necessary
SECTION ]7. PROPERTY:MANAGEMENT
A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000 or more and auseful lite of more than one year, if purchased in whole or in part with funds received under this or previousweatherization assistance program Contracts, are not assets of either the subrecipient or the Department but are held intrust for the Weatherization Assistance Program and as such are assets of the Weatherization Assistance Program. Anyequipment, tools, or vehicles having a useful life of more than one year and an acquisition cost of $5,000 or more perunit must receive prior approval fromthe Department before the purchase is made.
B. Subrecipicnt shall develop and implement a property management system, which conforms to the uniformadministrative requirements referenced in Section 6. Subrecipient shall not use, transfer, or dispose of any propertyacquired in whole or in part with funds provided under this or a previous weatherization assistance program Contractexcept in accordance with its own property management system.
C. Upon termination or non-renewal of this contract, the Department may transfer the title of equipment to a third partynamed by the Department. Such a transfer shall be subject to the following standards:
1) The equipment shall be appropriately identified in the award or otherwise made known to the recipient in writing.
2) The Department will issue disposition instructions after receipt of flnal inventory.
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder andshall promptly report to Department any loss, damage, or theft of property with an acquisition cost of Five Thousandand noll 00 Dollars ($5,000) or more.
E. In addition to the inventory of tools and equipment required under Section lO, Subrecipient shall take a physicalinventory of all WAP materials and shall reconcile the results with its property records at least once every year. Any
differences between quantities determined by the inventory and those shown in the property records shall beinvestigated by Subrecipienr to determine the cause of the difference.
Page8ofl4
1 9
SECTION 18. INSURANCE REQUIREMENTS
Subrecipient shall maintain adequate persona! injury and property damage liability insurance or, jf Subrecipient is a unit of
local government, shall maintain sufficient reserves to protect against the hazards arising out of or in connection with theperformance of this Contract Subrecipienr may obtain pollution occurrence insurance in addition to the general liabilityinsurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many health andsafety measures, such as lead disturbances and other pollution occurrence items. Subrecipient shall review existing
policies to ensure that lead contamination is covered and if not, secure adequate coverage for all units to be weatherized.
If Subrecipient is not a unit of local government, Subrecipiem shall provide Department with certificates of insuranceevidencing Subrecipient's current and effective insurance coverage. Subrecipient agrees to notify the Departmentimmediately: upon receipt of notification of the termination, cancellation, expiration, or modification of any insurancecoverage or required policy endorsements. Subrecipient agrees to suspend the performance of ali work performed underthis Contract until Subrecipient satisfies the coverage requirements and obtains the policy endorsements. and has deliveredto Department certificates of insurance evidencing that such coverage and policy endorsements are current and effective,and has been notified by Department that such performance of the, work under this Contract may recommence.Subrecipients must also require all independent subcontractors to have general liability insurance. Subrecipients'insurance must cover the pollution occurrence insurance coverage for their independent subcontractors or the independentsubcontractors must obtain the coverage.
SECTION 19. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrativeagency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder.Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to suchaction or claim.
SECTION 20. TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic desk and on-sire monitoring to evaluate the efficiency, economy, andeffectiveness of Subrecipienr's performance of this Contract. Department win advise Subrecipient in writing of anydeficiencies noted during - such monitoring. Department may provide technical assistance to Subrecipient and may requirechanges in Subrecipient's accounting, personnel, procurement, and management procedures in order to correct anydeficiencies noted. Subrecipient may be required by Department to return to dwelling units to correct identified problems.Department may further review and assess the efforts Subrecipient has made to correct previously noted deficiencies.Department may withhold funds, place Subrecipient 00 a cost reimbursement basis, deobligate funds, suspendperformance, terminate this Contract, or invoke other remedies in the event monitoring reveals material deficiencies inSubrecipienr's performanceor ifSubrecipient fails to correct any deficiency within a reasonable period of time.
SECTION 21. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the practical ability and the legal authority to enter into this Contract, receiveand manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to
perform under this Contract
R The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has been: authorized bySubrecipienr to execute this Contract on behalf ofSubrecipient and to bind Subrecipient to all terms herein set forth.
C. Department shall have the right to suspend or terminate this Contract if there is a dispute as to the legal authority ofeither Subrecipient or the person signing this Contract to enter into this Contract or to render performances hereunder.Should suspension or termination occur, Subrecipient is liable to Department for any money it has received from
Department for performance ofthe provisions of this Contract
Page 9 of 14
20
SECTION 22:. PREVENTION OF FRAUD Al'il) ABUSE
A. Subrecipient shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect,and correct incidents,of waste, fraud, and abuse in the WAP and to provide for the proper and effective management of
all program and fiscal activities funded by this Contract. Subrecipient's internal control systems and all transactionsand other significant events must be clearly documented and the documentation made readily available for review byDepartment
B. Subrecipient shalt give Department complete access to all of its records, employees, and agents for the purpose ofmonitoring or investigating the WAF. Subrecipient shall fully cooperate with Department's efforts to detect,
investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of any
identified mstaaces ofwaste, fraud, or abuse.
C. Department will notify the funding source upon identification of possible instances of waste, fraud; and abuse or otherserious deficiencies.
D. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of thisContract or of any law or regulation to Department or to any appropriate law enforcement: authority, if the report ismade in good faith
SECJ'JON B. HB 1]96 CERTIFICATION
Subrecipient / Local Operator certifies that it, or a branch, division, or department of Subrecipient / Local Operator doesnot and will not knowingly employ an undocumented worker, where "undocumented worker" means an individual who, atthe time of employment, is not lawfully admitted for permanent residence to the United States or authorized under Jaw tobe employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient / Local Operator, or abranch, division, or department of Subrecipient I Local Operator is convicted of a violation under 8 V.S.C Section 1324a.,Subrecipient I Local Operator shall repay the public subsidy with interest, at a rate of 5% per annum, not later than the120thday after the date TDHCA notifies Subrecipient I Local Operator of the violation.
SECTION 24. SB 608 CERTlFICATION
Under Section 2261.053, Texas Government Code, Subrecipient I Local Operator certifies that it is not ineligible toreceive this contract and acknowledges that this contract may be terminated and payment withheld if this certification is
inaccurate
SECTION 25. CONFLICT OF INTERESTINEPOTISM
A. Subrecipient represents that neither it nor any member of its governing body presently has any interest or shall acquireany interest in, directly or indirectly, which would conflict with the performance of this Contract and that no personhaving such interest shall be employed by Subrecipiem or appointed as a member ofSubrecipient's governing body.
B. Subrecipient shall establish safeguards to prohibit its employees from using their positions for a purpose that is or givesthe appearance of being motivated by a desire for private gain for themselves or others, particularly those with whomthey have family, business or other ties.
C. Subrecipient agrees that it will comply with TEX. GOV'T CODE ANN. Chapter 573 by ensuring that no officer,employee, or member of the governing body of Subrecipient shall vote for or confirm the employment of any person
related within the second degree by affinity or third degree by consanguinity to any member of the governing body orto anv officer or employee authorized to employ or supervise such person This prohibition shall not prohibit thecontinued employment of a person who has been continuously employed for a period of two years prior to the electionor appoinlrnent of the officer, employee, or governing body member related to such person in the prohibited degree,
Page10of 14
2 1
SECTION 26. POL/TICAL ACTMTY AND LOBBYING PROHffiITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any election, or thepassage Of defeat of any legislative measure This prohibition shall not be construed to prevent any official oremployee of Subrecipient from furnishing to any member of its governing body upon request, or to any other local orstate official or employee or to any citizen information in the hands of the employee or official not considered under
law to be confidential information. Any action taken against an employee or official for supplying such informationshall subject the person initiating the action to immediate dismissal from employment
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund orsupport candidates {vr the legislative, executive, or judicial branches of government of Subrecjpient, the State of Texas,or the government of the United States.
C. If any funds other than federally appropriated funds have been paid or will be paid to. any person for influencing orattempting to influence an officer or employee of any agency, a member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with this Contract, Subrecipient shall complete andsubmit a Certification Regarding Lobbying form in accordance with its instructions. No state funds may be given topersons who are required to register under TEX GOV'T CODE ANN. 305
D. None of the funds provided under this Contract shall be paid to any official or employee who violates any of theprovisions of this section.
SECTJON 27. NON~DISCRJ:I\.1INATJON A1'I'DEQUAL OPPORTUNITY
No person shall on the ground(s) of race, color, religion, sex, national origin, age, disability, political affiliation or beliefbe excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be deniedemployment in the administration of or in connection with any program or activity funded in whole or in part with fundsmade available under this Contract.
SECTION 28. SPECIAL COMPLIANCE PROVIS10NS
Subrecipient shall comply with the requirements of all applicable laws and regulations, including those specified in lO
C.F.R. Part 600.
SECTION 2!l1. TRAINING AND TECHNICAL ASSISfANCE FUNDS
A. Training and technical assistance funds shall be used for State sponsored, LIHEAP sponsored, and other relevantworkshops and conferences provided the agenda includes topics directly related to administering WAP in accordancewith the Texas Administrative Code: 10 TAe §5532. For Training & Technical Assistance other than State or DOEsponsored, Subrecipient must receive prior written approval from the Department.
R Allowable travel costs under this Contract shall be determined in accordance with OMB Circulars A-122 or A-87, as
applicable, any Department Issuance on travel, and with Subrecipient's written travel policy. Subrecipient'swrinentravel policy shall delineate the rates which Subrecipient shall use in computing the~nd per diem expenses of itsboard members and employees. Prior to incurring any costs for travel, subreciptent must provide Department with acopy of its travel policy and evidence that such policy has been approved by Subrecipiem's governing body. IfSubrecipient has no established written travel policy, the travel regulations applicable to Department employees shall
apply.
C. Department may, from time to time, provide funds in this category that are for the sale purpose of purchasingdesignated weatherization equipment.
Page 11of 14
22
SECTION 30. DEBARRED AND SUSPEl'lDED PART1ES
(1) Subrecipient must not make any award (subgrant or contract) to any party which is debarred or suspended or is
otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order J2549,"Debarment and Suspension and 45 CFR Part 76."
(2) Subrecipiern certifies that neither it or its principles is presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency
(3) Where Subrecipient is unable to certify to any of the statements in this certification, such prospective participant shallattach an explanation to this Contract
(4) Subrecipient shall include in any subcontracts that failure to adequately perform under this Contract may result inpenalties up to and including Debarment from performing additional work for the Department
SECfJON 31. NO WAIVER
No right or remedy given to Department by this Contract shall preclude the existence of any other right or remedy, nor
shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failureof Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to
exercise that or any other right or remedy at a later time
SECTION 32. PRIOR ORAL AND WRTITEN AGREEMENTS
All prior oral or written agreements between the parties hereto relating to the subject matter of this Contract have been
reduced to writing and are contained herein.
SECTION 33. SEVERABILITY
If any portion of this Contract is held to be invalid by a court of competent jurisdiction, the remainder of. it shall remain
valid and binding.
SECTION 3S. HISTORlCAL PRESERVA nON
Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required to comply with the
requirements of Section 106 of 16 U.S.c. 470 the National Historic Preservation Act (NHPA). The Department hasprovided guidance through the Memorandum of Understanding with the Texas Historical Commission posted on the
Department website.
SIGNED this day of
Dallas County Department of Health and Human Services
By:
TEXAS DEF'ARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By
This Contract is not effective unless signed by the Executive Director of the Department or their authorized designee.
Page 120f14
23
TEXAS DEPARTMENT OF HOUSING AND COhL'lfiJNITY AFFAIRSCONTRACT NUMBER 81J00000906 FOR TIlE
LlliEAP WEATHERlZATlONASSISTANCE PROGRAM (CFDA#93.568)
ATTACHMENT A - BUDGETANOPERFORMANCE DOCUMENT
DEPARTMENT FINAJ~ClAL OBLIGATIONS
__$2,48~
$2,000.00---$ 2,487,555.00
___$;..2,QOOOO
LIHEAPFUNDS CURRENTLYAVAILABLE
TRAINING& TECHNICAL ASSiSTANCE FUNDSCURRENTLYAVAJLABLE
TOTALANTICiPATEDLIHEAP FUNDS
TOTALANTICIPATED TRAINING& TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amendmenns). Funds may only be obligated and expended during the current
contract year. Unexpended fund balances will be recaptured.
BUDGET FOR A VAfLABLE AI LOCAnONS
CATEGORIES FUNDS,
2 Adrninisrration $ 203,066.00
j Materials i Program Support / Labor $ 1,827,591.00
4 Health and Safety $ 456,898-00
SVB~TOTAL s 2,487,555.00
5 Training and Technical Assistance s 2,000.00
TOTAL $ 2,489,555.00
FOOTNOTES TO mIDGET FOR AYAllABI.E AIII,QCATIQNS'
1 Denotes that the subrecipient must request in writing any adjustment needed to a budget category before TDHCA willmake any adjustments to the budget categories. The only categories that can be reduced are the Administration and/orin the Health and Safety categories. Subrecipients are limited to two (2) requested budget revisions during the currentcontract term. Oul)! these written requesus) from the subreclpients received at least 90 days prior to the end ofthe contract term (by December 31, 2009) will be reviewed. rnnCA may decline to review written requestreceived during the fmal90 days of the contract term.
2 Denotes maximum for administration based on 8.16% of total allowable expenditures.
J Expenses incurred under Roof Repair will come out of your Materials / Program Support / Labor budget.
4 Denotes the maximum allowed for Health and Safety expenditures.
5 Department approved training / travel only.
PERFORMANCE
Subrecipienrs service area consists of the following Texas counties:
DALLAS
Page 130f14
24
Subrecipient shall provide weatherization program services sufficient to expend the contract funds during the contractterm. WAl' costs per unit, excluding health and safety expenses and roof repair as allowed by state regulation, shall notexceed S4.0(}[}.OO without prior written approval from the Department.
By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein. ThisContract shall be binding upon the parties hereto and their respective successors and assigns.
Effective Date of Budget 04/01/2010
Dallas County Department of Health and Human Services
By:
TEXAS DEPARTiVlENT OF HOUSING /~_ND COMMUNITY AFFAIRS
By:
This Contract is not effective unless signed by the Executive Director ofthe Department or their authorized designee.
Page 140fl4
25Dallas CountyHealth am! Human ServicesGrants Management
ZacharyThompsonDirector
TO:
FROM:
DATE:
SUBJECT:
COMMISSIONERS COURT
ZACHARY S. THOMPSON, DIRECTORDALLAS COUNTY HEALTH AND HUMAN SERVICES
:bMAYlI,20Hl :x
N"
DEPARTMENT OF STATE HEALTH SERVICES FY 2010 RYAN WHITE PARlVlBSUPPLEMENTAL GRANT AWARD AND CONTRACT AMENDMENT en
Background of IssueThe Dallas County Judge is the grantee and legal recipient ofthe Department ofState Health Services (DSHS)HN Ryan White Part B grant. Dallas County Health and Human Services (DCHHS) is designated to serve asthe Administrative Agency for these funds. The DSHS HIV Administrative Service Area (HASA) includes theDallas Health Service Delivery Area (HSDA) encompassing Collin, Dallas, Denton, Ellis, Hunt, Kaufman,Navarro, and Rockwall counties; and the Sherman-Denison HSDA, encompassing Cooke, Fannin, andGrayson counties. In accordance with the provisions of the Ryan White Part B grant, the AdministrativeAgency is responsible for program administration, planning, and evaluation for the HASA. The FY 20]0contract between the DSHS and DCHHS, contract number 20 I0-034671, is a consolidated contract with fundsfor administration and services, and has a budget period ofApril], 20] 0 through March 3], 20] l . DCHHSwill receive $3,354,] 15, which is a $160,000 decrease when compared with FY 2009 funding. The contractand budget was briefed on February 23, 2010, and court ordered on March 2, 2010, (No. 2010-0383).
DCHHS was recently awarded supplemental Part B funds in the amount of$200,000. The FY 2010 Part Bcontract hetween DSHS and DCHHS is amended to reflect the additional funding. According to the contractamendment No. 2010-03467]-00IA, supplemental funding must be expended by September 30,2010. Theaward ofthese funds to service providers will be recommended at a later date.
Fiscal ImpactThere is no other flscal impact to Dallas County.
OperalionallmpactDallas County Health and Human Services staff will coordinate and perform administrative activities inaccordance with the responsibilities assigned by the Dallas County Commissioners Court.
Legal ImpactThe Dallas County Commissioners Court must approve the contract and authorize Dallas County Health andHuman Services to sign the contract on behalfofDallas County.
Strategic Plan ComplianceRecommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2:Dallas County is a healthy community. The DCHHS is the designated the Administrative Agency for the RyanWhite Treatment Modernization Act Part B grant. The FY 2010 Ryan White Part B grant directly supports aregional indigent medical and mental healthcare network for those impacted by HIV/AIDS.
2377 N. Stemmons FreewayDallas, Texas 75207-27] 0
Suite 200, LB-16 Office 2]4-819-1849FAX 2]4-819-6023
26Commissioners CourtPagel
RecommendationIt is recommended that the Dallas County Commissioners Court approve the FY 2010 Ryan White Part Bcontract amendment No. 2010-034671-00IA with the Department of State Health Services (DSHS) in theamount of $200,000, and authorize Dallas County Health and Human Services to sign the contract with theDSHS on behalf ofDallas County.
RECOMMENDED BY: ----,r'----+--"---I'-'-------
Attachmentc: Darryl Martin, Court Administrator
Virginia Porter, County Auditor
DEPARTMENT OFSTA~ rtEALTH SERVICES
AmendmentTo
The Department of State Health Services (DSHS) and DALLAS COUNTY (Contractor) agree to amend theProgram Attachment # -OOL (Program Attachment) to Contract # 2010-034671 (Contract) in accordancewith this Amendment No. 001A: HIV - RYAN WHITE, effective 04/01/2010 .
The purpose of this Amendment is to add $200.000 to this Program Attachment to increase medical and socialservices for the Dallas HSDA, in accordance to the attached revised Exhibit A.
Therefore, DSHS and Contractor agree as follows:
The program attachment number is revised as follows:
PROGRAM ATTACHMENT NO.-OO+ 001A
Section I. STATEMENT OF WORK/ paragraph 13 is revised as follows:
Contractor shall ensure the DSHS service delivery allocation of $3,060,115 is not utilized for Contractor'sadministrative expenses, portion of this Renewal Program Attachment unless otherwise directed by DSHS.
Section I. STATEMENT OF WORK is revised to add the following:
Contractor shall expend the Ryan White Supplemental funds by September 30, 2010. The increase to thenumber of units/persons is reflected in the revised supplemental perfonuance measures. see attached Exhibit A.
The categorical budget and Exhibit A are revised'as attached.
All other terms and conditions not hereby amended are to remain in full force and effect In the event of aconflict between the terms of this contract and the terms of this Amendment, this Amendment shall control.
Page -1 of2
28
Department of State Health Services Contractor
Signature of Authorized Offici a! Signature of Authorized Official
Date: _ Date: _
Adolfo M. Valadez, M.D., M.P.H. Name: Zachary Thompson
Assistant Commissioner for Prevention and Preparedness
Services
Title: Dallas County HHS Director
1100 WEST 49TH STREETAUSTIN, TEXAS 78756
Address: 2377 N Stemmous Frwy J' Ste 600
Dallas. Texap 75207
512.458.7111Phone: (214) 819 1870
HTV Grants@daJlasColluty orgEmail: -'1il~==sJ£!l1aJllilS!:.Dll=¥-...Q.l::g-_
Page- 20f2
29
Dallas Health & Human Services
Ryan White Fiscal Year 2010-201 1 HSDA Allocation: $2,878,926
Contractor must fulfill and execute all the obligations contained in the final, approved performance measures (Exhibit A). Thetable reflects the service allocations and service units and persons to be served with those funds. Columns 2 and 3 reflect thenumber of units to be delivered and persons to be served. Column 4 indicates the total allocation for that category; this includesservice provider administrative costs. The total of all allocations equal the total for the HSDA' s RWSD allocation. Column 6indicates the percentage of the total award that is allocated to that service category.
SERVICE CATEGORY*
Outpatient/Ambulatory Medical Care
AIDS Pharmaceutical Assistance (local)
Oral Health Care
Early Intervention Services (Parts A and B)
AOBJECTIVES
ALLOCATlON FO
Units /I Persons HSDA
7568 ]661 $J ,643,453.00
2680 620 sJ I I ,886.00
1149 462 $135,328.00
% OF TOTALALLOCATION
57.090/,
3.890/,
4.700/,
0,000/,
Health Insurance Premium and Cost Sharing
Assistance
Home Health Care
Medical Nutrition Therapy
Hospice Services
Home and Community-Based Health Services
Menta] Health Services
Substance Abuse Services - Outpatient
edical Case Management (including treatment
adherence)
Case Management (non-medical)
Child Care Services
Emergency Financial Assistance
ood Bank I Home Delivered Meals
DSHSTable 1
]20
5495
11337
10685
20
1229
1694
1379
$39,160,00
$232,232,00
$351,464.00
$114,648.00
1.360/,
0,000/,
0,000/,
0,000/,
0,000/,
0,000/,
0,000/,
8,070/,
]2.210/,
0.000/,
0.000/<
3.980/<
Revised 4-2-08
30
Health Education / Risk Reduction 0.0091
Housing Services 0.0091
Legal Services 0.0091
Linguistic Services 0.0091
Medical Transportation Services 413 J09 $164,675.00 5.7291
Outreach Services 7305 878 586,080.00 2.9991
Psychosocial Support Services 0.0091
Referral for Health Care / Supportive Services 0.0091
Rehabilitation Services 0.0091
Respite Care 0.0091
rrreatment Adherence Counseling (non-medical) 0.0091
Subtotal $2,878,926.00 100.00%
The following services may not be funded with Ryan White Part B funds
Buddy / Companion Services 0.0091
Child Welfare Services 0.0091
Client Advocacy 0.0091
Transportation 0.0091
Pediatric Developmental Assessment and Early
Intervention Services 0.0091
Permanency Planning 0.0091
Referrals to Clinical Research 0.0091
Other Direct Support Services (Attach a separate sheet
detailing services to be funded) 0.0091
Total Allocation $2,878,926.00 100.000/,
DSHS Table 1 Revised 4-2-08
DEPARTMENT OF STAii rhALTH SERVICES
1100 WEST 49TH STREETAUSTIN, TEXAS 78756-3199
CHG: 001ATHRU: 03/31/2011THRU: 03/31/2011
CATEGORICAL BUDGET CHANGE REQUESTDSHS PROGRAM: HIV - RYAN WHITECONTRATOR: DALLAS COUNTYCONTRACT NO: 2010-034671CONTRACT TERM: 04/01/2010BUDGET PERIOD: 04/01/2010
The purpose of this April amendment is to add $200,000 to this Renewal Program Attachment to increase medical and social services forthe Dallas HSDA, in accordance to revised Exhibit A.
$200,000.00
$0.00
$200,000.00
$200,000.00
QhCing!l'Requested
$(1,284.00)$2,291.00
$(136.00)
$0.00
$(1,000.00)
$200,000.00
$455.00
$200,326.00
Reyisf;>dElucjgEl(ll3)
$278,108.00
$89,928.00
$11,953.00
$0.00
$8,000.00
$3,080,115.00$15,232.00
$3,483,336.00
$3,554,115.00
$0.00
$3,554,115.00
$3,554,115.00
Current Approved BUdget (A)$279,392.00
$87,637.00
$12,089.00
$0.00
$9,000.00
$2,880,115.00$14,777.00
$3,283,010.00
Cost Total $3,354,115.00
Performing Agency Share $0.00
Receiving Agency Share $3,354,115.00
Total Reimbursements limit $3,354,115.00
Financial status reports are due: 07/30/2010, 11/01/2010, 01/31/2011, 05/30/2011
32
Dallas Health & Human Services
Rvan White Fiscal Year 2010-2011 HSDA Allocation: $]8],189
Contractor must fulfill and execute all the obligations contained in the final, approved performance measures (Exhibit A). Thetable reflects the service allocations and service units and persons to be served with those funds. Columns 2 and 3 reflect thenumber of units to be delivered and persons to be served. Column 4 indicates the total allocation for that category; this includesservice provider administrative costs. The total of all allocations equal the total for the HSDA's RWSD allocation. Column 6
indicates the percentage of the total award that is allocated to that service category.
SERVICE CATEGORY*
A
OBJECTIVES
Units " Persons
% OF TOTALALLOCATION
Outpatient/Ambulatory Medical Care
IDS Pharmaceutical Assistance (local)
Oral Health Care
Early Intervention Services (Parts A and B)
Health Insurance Premium and Cost Sharing
Assistance
Home Health Care
Medical Nutrition Therapy
Hospice Services
Home and Community-Based Health Services
Mental Health Services
Substance Abuse Services - Outpatient
Medical Case Management (including treatment
adherence)
Case Management (non-medical)
Child Care Services
Emergency Financial Assistance
Food Bank I Home Delivered Meals
DSHS Table 1
310
410
160
1432
1500
338
52
49
27
87
90
40
$57,759.00
$30,890.00
$23,ll1.00
$26,252.00
$26,165.00
$5,354.00
31.88%
17 .050/<
0.00%
0.00%
12.76%
0.00%
0.00%
0.00%
0.00%
0.000/<
0.000/<
14.490/<
14.440/<
0.000/<
0.000/<
2.950/<
Revised 4-2-08
33
Health Education / Risk Reduction 0.00%
Housing Services 0.00%
Legal Services 0.00%
Linguistic Services 0.00%
Medical Transportation Services 489 31 811.658.00 6.43%
Outreach Services 0.00%
Psychosocial Support Services 0.00%
Referral for Health Care / Supportive Services 0.000/,
Rehabilitation Services 0.00%
Respite Care 0.00%
Treatment Adherence Counseling (non-medical) 0.00%
Subtotal $181,189.00 100.000/,
The following services may not be funded with Ryan White Part B funds
Buddy I Companion Services 0.00%
Child Welfare Services 0.00%
Client Advocacy 0.00%
Transportation 0.00%
Pediatric Developmental Assessment and Early
Intervention Services 0.00%
Permanency Planning 0.00%
Referrals to Clinical Research 0.00%
Other Direct Support Services (Attach a separate sheet
detailing services to be funded) 0.000/,
Total Allocation $181,189.00 100.000/,
DSHS Table 1 Revised 4-2-08
~'i'Y OJ;>
0/,;t':?'S:;"\'gi':f::*1tllk DALLAS COl)NTY~~~,; elecornmunication Services
'it OF~
May11,2010
34
DALLAS COUNTYCOMMISSIONERS COURT
IOAPR36 AM 1:28
To:
Through:
From:
Subject
Commissioners Court _~W
Shannon Brown, Assistant Court Administrator25blU
Chris Thompson, Director of Operations
Paulette Hunter, Telecommunications Manager
Call Accounting Application for long Distance Call Management
Background of IssueSymphony Services TRU System is the call accounting application that Dallas County uses to auditinternal long distance calls, maintain and distribute authorization codes and retrieve and distributereports. A contract was entered into for this service in 1999 with vendor Telco Research Corp, whichwas acquired by Peregrine Systems and then by Symphony Services. It was determined after workingwith Symphony Services to update their cost/rate database tables and report formats, that the systemcannot accommodate our current rate structure. Each month there is a discrepancy between TRUSystem's report and Dallas County's long distance bill. These reports allow the recovery of costs forany personal long distance calls.
The purpose of this briefing is to request the approval to move forward with procuring a replacementsystem to manage the Countys long distance accounting process.
Impact on OperationsA call accounting system provides Dallas County departments with a tool to manage long distance callusage, provides information to identify misuse or abuse, manage the allocation of authorization codesand collect reimbursement for unauthorized calls. The request has been coordinated with the Auditor'sOffice. The current system is able to assign authorization codes but is no longer suitable to auditusage and generate reports to assit in recovering costs.
Strategic Plan ComplianceThis request supports Vision 1.3 Dallas County departments is assessed and streamlined forefficiency and operation.
Financial ImpactFive (5) vendors were contacted for the procurement of a new call accounting application.Three (3) of the vendors were non-DIR and the other two (2) are DIR. The non-DIR vendorspricing were excessive and the DIR's pricing is more equitable and comparable in total cost.The three (3) non-DIR vendors that were contacted for this service were Coleman Technologieswho submitted a quote of $40,349.20 for the initial installation and first year of service. Thesecond vendor Telesoft submitted a no bid and the third, Affiliated, stated they could not supplythe service within Dallas Countys budget.
35Call Accounting Application for Long Distance Call ManagementMay11, 2010Page 2
The two (2) DIR vendors, EPLUS and Mitel, both provide a five (5) year warranty, The first yearcovers the installation, setup lees and maintenance, with only maintenance and support fees inyears two through five, The table below compares the costs of these two products,
DIR VENDOR COST DETAILS I, DIR Vendors 1st vear I 2nd vear I 3rd vear 4th year I 5th year I Total I
EPLUS$19,025,37 I I
I$0 cost I5 year warrantv $998 $998 $998 I $22,019,37
Mitel$15,426.00 I
I I II
Ii 5 vear warranty $1,540 I $1,540 $1,540 $1,540 I $21,586.00
Dallas County is allotted $8,000 for the call accounting system, The contract with SymphonyServices expired on December 31, 2009 and the FY2010 appropriation for call accounting isavailable for this purchase, Dallas County will recover the cost of the new system in less thanthree (3) years through the lower annual maintenance cost of the replacement system, Theadditional funds needed for the initial purchase will be provided within the department's existingbudget.
RecommendationStaff recommends procuring a new call accounting system from Mitel through a State ofTexasDIR contract to replace the existing system which no longer provides Dallas County with theinformation necessary to properly audit usage,
36
(' DAlLAS COUNTYvOHMISSfONERS COURT
UJ APR 36 AM I: 26
Date:
To:
From:
Re:
Dallas CountyDepartment of Criminal Justice
MEMORANDUM
May 11, 2010
Commissioners Court
Ron Stretcher, Director of Criminal Justice
Transfer of Authority to the North Texas Behavioral Health Authority
BACKGROUNDThe North Texas Behavioral Health Authority (NTBHA) is the Local Behavioral HealthAuthority for Collin, Dallas, Ellis, Hunt, Kaufman, Navarro and Rockwall Counties,NTBHA was created by the Commissioners Courts of each of the seven counties tooversee the managed behavioral (mental health and chemical dependency) healthcareservice delivery system which serves persons eligible for Medicaid and/or publicbehavioral health funds in the NorthSTAR Region, NTBHA was created as a separatelocal Administrative Agency to plan, facilitate and coordinate mental health and chemicaldependency services to the NorthSTAR area, Since its inception, however, the authorityof the agency has remained at the state level with the Department of State HealthServices (DSHS), The Executive Director and Board of NTBHA have been developing aplan with DSHS to transfer the authority from the state level to the local level, Currently,the Behavioral Health Organization that provides services in the NorthSTAR systemcontracts directly with DSHS with limited oversight by NTBHA
OPERATIONAL IMPACTNTBHA and the Texas Health and Human Services Executive Commissioner havedeveloped a plan to coordinate with all federal, state and local stakeholders regardingthe transfer of and contracting authority for said BHO from TDSHS to NTBHA on orbefore September 1, 2011,
The goal of the transfer is to have a more linear contracting process that flows fromDSHS directly to NTBHA and from NTBHA to Value Options, The goal is to have thenew DSHS-NTBHA and NTBHA-VO contracts in place by September 1, 2011,
NTBHA is seeking formal approvals from the Health & Human Services Commissionprior to beginning this process, Public forums will be scheduled regarding this redesignto ensure stakeholder input is included in the process, The first forum is scheduled forMay 12, 2010, before the NTBHA Board of Directors Meeting. NTBHA is also working toestablish parameters, tasks, timeframes and readiness benchmarks for the transfer.
37
There is also ongoing discussion about the whether the payments will be made toNTBHA and then transferred to Value Options; or if NTBHA could be an approver ofDSHS payments to Value Options before it is released. Various elements of the NTBHAVO contract will be changed to reflect NTBHA's new authority. The data transferprocesses will remain and these requirements will be inciuded in the new NTBHA-VOcontract.
Aithough NTBHA would be the contract holder, DSHS will be available for consultationon federal regulations, treatment design issues, and some program design issues.Medicaid rate setting will be retained by DSHS and HHSC as the state authorities.
Contract performance measures and deliverables for NTBHA will be created as part ofthe transfer plan to ensure proper monitoring.
STRATEGIC PLAN COMPLIANCEThis is consistent with the County's approved Strategic Plan Vision 2: Dallas County is ahealthy community, specifically, Strategy 2.3: Support a regional indigent medical andmental healthcare network.
FINANCIAL IMPACTThere is no direct financial impact to Dallas County for supporting the transfer ofauthority to NTBHA.
RECOMMENDATIONIt is recommended the Dallas County Commissioners Court approve supporting thetransfer of authority for the NorthSTAR system from the Texas Department of StateHealth Services to the North Texas Behavioral Health Authority.
Recommended by:Ron Stretcher, Director of Criminal Justice
38
DALLAS COUNTYPURCHASING DEPARTMENT 10 APR 36 AH I: 33
May 18,2010
TO:
FROM:
SUBJECT:
ArThe Honorable Commissioners Court f. At". rvoLinda Boles, Assistant Purchasing Agent l f'1'/ 'RFQ for Professional Elevator Consultant Services
Background/IssueA request for proposal has been written seeking solicitations from qualified firms to provide consultantelevator services for all of Dallas County's elevators and escalators. The purpose of this briefing is toseek permission to solicit proposals for this type of service.
Operational ImpactThe solicitation seeks to enter into a contract with a qualified firm or individual to perform consultant servicesfor the monitoring/evaluation ofapproximately 128 elevators and escalators in the various County facilities aswell as performing the State mandated equipment inspection and any other services as deemed necessary.This will be a twelve month contract witb the option to extend for four (4) additional one (I) year terms(maximum contract period five (5) years).
The rating criteria and points assigned are as follows:
1.n.IH.
CriteriaQualifications and ExperienceQuality ofResponse and ApproachMIWBE Participation
Total
Maximum Points Allotted404515100
The scoring committee will include representatives from the following county departments; CommissionersCourt, Engineering & Project Management and Facilities. The MIWBE Coordinator will solely score theMIWBE participation forms.
RecommendationIt is the recommendation of the Purchasing Department that the Commissioners Court approve the attachedRequest for Qualifications for Professional Elevator Consultant Services and authorizes the PurchasingDepartment to advertise solicitations in accordance with Local Government Code 262.030.
Should the Court concur with the aforementioned recommendation a Court Order will be scheduled for thenext available Formal Agenda.
COUNTY OF DALLAS
ENGINEERING & PROJECT MANAGEMENT
REQUEST FOR STATEMENTS OF QUALIFICATIONS
FOR
PROFESSIONAL ELEVATOR CONSULTANT SERVICES
SOQ NUMBER: 2010·NNN·NNNN
DUE DATE:
DELIVERY LOCATION:
PRE·PROPOSAL MEETING:
LOCATION:
Monday, Month Day, 2010@ 2:00 PM(No Late Proposals Accepted)
DALLAS COUNTY PURCHASINGAttn: linda Soles509 MAIN ST., 6TH Fl., RM. 623DALLAS, TX, 75202
TSD
TSD
40SOO No. 2010-NNN-NNNN
I. Introduction
II. SOO Content Requirements
III. Scope of Work
Exhibit "A"
Exhibit "B"
Elevator/Escalator Equipment
Minority/Women Owned Business Requirements
4 1SOQ No. 201O-NNN-NNNN
COMMUNICATIONS REGARDING THE SOQ
All questions regarding this SOQ are to be submitted, in writing, to Linda Boles, AssistantPurchasing Agent, via e-mail @ [email protected] , fax to (214) 653-7449 or mail toDallas County Purchasing, 509 Main Street Room 623 Dallas, TX 75202.
All questions, comments and requests for clarification must reference the SOQ number on allcorrespondence to Dallas County. Any ora! communications shall be considered unofficial andnon-binding.
Only written responses to written communication shall be considered official and binding uponthe County. The County reserves the right, at its sole discretion, to determine appropriate andadequate responses to the written comments, questions, and requests for clarification.
All addendums and/or any other correspondence (general information, question and responses) tothis SOQ will be made available EXCLUSIVELY through the Dallas County website forretrieval. Contractors are solely responsible for frequently checking this website for updates tothis RFP. Addendums to this RFP can be located at the following web address:http://v/ww.dallascountv.org/department/purchasing/currentbids.html(go to the appropriate RFP #, click on the appropriate hyperlink for viewing and/or downloading.)
QUESTIONS
Initial questions regarding this solicitation are to be submitted, in writing, to Linda Boles by 4:00p.m., date, date 2010. Staff will attempt to answer these questions during the pre-proposalconference.
Firms will be required to submit, in wntmg, any additional questions presented at the preproposal and/or after the conference. Any/all additional questions must be received by 2:00 p. m.(CDT), day, date, 2010 (CDT). All questions and responses will be posted to the County'swebsite in the manner as previously stated herein. Dallas County reserves the right to reject/notrespond to any questions received after the ,2010 deadline date.
1
42SOQ No. 2010-NNN-NNNN
l. INTRODUCTION
Dallas County is requesting Statements of Qualifications for firms interested in performing ProfessionalElevator Consultant Services. The following items are provided as general information and specifications asrequired by the Dallas County Purchasing Department:
A Ambiguity. Conflict or Other Errors in the Request for Statements of Qualifications (SOQ)
If the responding Firm discovers any ambiguity, conflict, discrepancy, omission, or other error in theSOQ, he/she shall immediately notify the County of such error in writing and request modification orclarification of the document. Modifications will be made by issuing an Addendum. Written noticewill be given to all parties who have been furnished with the request for SOQ without divulging thesource of request forsame.
If the responding Firm fails to notify the County prior to the date and time fixed for submission ofstatements of qualifications of an error or ambiguity in the SOQ known to them, or an error orambiguity that reasonably should have been known to them, they shall not be entitled to additionalcompensation or time by reason of the error/ambiguity or its late resolution.
The County may also modify the SOQ no later than 24 hours prior to the date and time stated forsubmission of Statements of Qualifications by issuance of an addendum to all parties who havereceived the SOQ. All addenda will be numbered consecutively beginning with 1. All addenda shallbe deemed to have been received upon transmittal by mail, electronically or otherwise, to the lastknow address of the Party. Responding party shall acknowledge the receipt ofeach addendum.
B. Notification of Most Current Address -
The Firm in receipt of this SOQ shall notify the Purchasing Department at (214) 653-7431 of anyaddress changes, contact-person changes and/or telephone number additions or changes no laterthan 48 hours prior to the date and time fixed for submission ofproposals.
C. Qualification Preparation Cost -
Costs for developing qualification submissions are entirely the responsibility of the responding Firmand shall not be charged tothe County.
2
43SOQ No. 2010-NNN-NNNN
D. Signature of Statement ofQualifications-
The Statement of Qualifications (SOQ), shall be signed by an Individual who is authorized to bindthe responding Firm contractually. If the Firm is a corporation, the legal name of the corporationshall be provided together with the signature of the officer or officers authorized to sign on behalf ofthe corporation, and a validated extract of the resolution of the corporation's board of directorsauthorizing the signatures. If the responding Firm Is a partnership, a copy of the partnershipagreement will be required. If the responding Firm Is a Proprietorship, that individual shall sign. Ifsignature is by an agent, other than an officer of a corporation or a member of a partnership, apower of attorney orequivalent document must be submitted to the County with the SOQ.
E. Delivery of Statement of Qualifications (SOQ) -
The responding Firm shall submit one (1) original and five (5) copies of the Statement ofQualifications. The sealed envelope shall be clearly marked on the outside with the followinginformation:
STATEMENT OF QUALIFICATIONSFOR
PROFESSIONAL ELEVATOR CONSULTANT SERVICES
SOQ Number 2010·NNN·NNNN
SOQ shall be delivered by Responding Party to:Dallas County Purchasing - Attention: Linda BolesDallas County Records Building, Sixth Floor509 Main Street, Room 623Dallas, Texas 75202
F. Pre-Submission Meeting -A Pre-Submission Meeting will be held to summarize the SOO content and to answer specificquestions from the Firms. Attendance Is encouraged. The Pre-Submission Meeting will be held:DATE TSD
Location: George L. Allen Sr. Courts Building600 Commerce St.,Dallas, Texas 7520
The purpose of this meeting is to answer any questions pertaining to solicitation documentation andwork requirements. The meeting is not mandatory but highly recommended. It is the firm'sresponsibility to understand the work involved and obtain all necessary information to submit aresponsive and complete statement ofqualifications.
3
44SOQ No. 201 O-NNN-NNNN
F. Economy of Presentation -
The Statement of Qualifications (SOQ) should not contain promotional or display materials, exceptas they may directly answer in whole or in part questions contained in the SOQ. Such exhibits shallbe clearly marked with the applicable reference number of the question in the SOQ. Submissionsmust address the technical requirements as specified in this SOQ. All questions posed by theRequest forStatement of Qualifications must be answered concisely and clearly. Submissions thatdo not address each criterion and all addenda may be rejected and not considered.
G. Withdrawal ofSOQ -
The responding Firm may withdraw their SOQ by submitting a written request for its withdrawal overthe signature of an authorized individual as described in Section 1, Paragraph D. (Signature ofSOQ), to the Purchasing Agent at any time prior to the submission deadline. The responding Firmmay thereafter submit a new SOQ prior to the deadline. Modifications in whole or in part offered inany manner, oral orwritten, will not be considered if submitted after the deadline.
H. Ownership of SOQ -
All SOQ's become the property of Dallas County and will not be returned to the Firm.
I. Selection of Firm -
The Selection Committee will consider many evaluation factors, and will receive proposals from allresponsible applicants. The objective is to enter into a contract with the best applicant. Eachcategory shall be weighted as follows, and one hundred (100) points are the maximum total numberofpoints which may be awarded to proposals received.
Any proposal which modifies, or fails to conform to the essential requirements or specifications ofthe request for proposal shall be considered non-responsive and categorized as unacceptable.
The proposals submitted will be evaluated based on competence and qualifications for the servicesto be performed. The overall selection shall be evaluated on the following criteria:
I.
II.
Qualifications and Experience
A Qualifications ofstaff members (provide resumes ofeach)B. Minimum ofone (1) professional engineer on staWC. Minimum of five (5) references for this type of work
Quality ofResponse and Approach
A Ability toperform requested services and quality of response to eachItem as outlined in the SOQ including future enhancement of services.
4
40
45
45SOO No. 2010-NNN-NNNN
III. Female and Minority Participation
AB
C.
Certified MBE/WBE firmMBEIWBE involvement as sub-consultants,
sub-contractors, orsuppliersFemale and minority employees assigned toproject
Subtotal
TOTAL
6
6~15
100
*The words "on staff" are defined as: A licensed engineer that is a permanent company employeeand/or has signed a letter of engagement with the submitting proposal firm to perform the servicesrequired in association with County's contract forProfessional Elevator Consultant Services.
The SOO will be evaluated by a committee consisting of a representatives from the PurchasingDepartment, Commissioners Court Administration, Engineering and Project Management, andFacilities Management. M/WBE Information will be reviewed and evaluated by the Dallas County MinorityBusiness.
All proposals received by the specified submittal date will be reviewed and evaluated consistent withDallas County's Selection Policy. Before the final evaluation and ranking of firms is complete,Dallas County may choose to interview firms found to be most qualified. The firms will be rankedbased on final evaluation with a recommendation to begin negotiations with the firm that receivedthe highest evaluation.
The evaluation process is designed to award the procurement to the firm with the combination ofattributes based upon the evaluation criteria.
I. Contractual Development -
Dallas County will enter into a Dallas County Contract For Professional Elevator ConsultantServices with the highest rated Firm with whom a fair and reasonable price can be negotiated, asmay be determined by Dallas County at itssole discretion.
J. Insurance Requirement-
Firm shall indemnify County including, but not limited to, damages resulting from defects, errors, or omissionsand shall secure, pay for and maintain inforce during the term ofthe contract sufficient errors and omissionsinsurance in an amount ofnot less than $1,000,000.00 single limit, workers compensation, automobileliability, and general comprehensive liability insurance in the amounts and conditions as found in theContract Issuance ofany Notice to Proceed is conditioned upon the strict compliance with all insurancerequirements and amounts as listed in the Contract Responding firms must furnish County with certificates ofinsurance evidencing such coverage by acompany authorized to do business in Texas acceptable to County.Failure to furnish such insurance and satisfactory proof thereof shall be grounds for termination oftheContract or any portion ofthe work.
The provisions set forth below shall form the basis for Insurance Requirements. Omissions do not relieve theContractor of compliance with all pertinent laws.
5
46SOO No. 2010-NNN-NNNN
IF ANY INSURANCE IS CANCELLED OR CHANGED AT ANY TIME, CONTRACTOR MUST NOTIFYDALLAS COUNTY IMMEDIATELY.
liability and Other Insurance Coverage
Any vendor that conducts business with Dallas County, whether it Is for goods and/or services, must maintainlawful workers compensation/self insured employee coverage requirements and adequate liability limitations.
The Contractor, at Its own expenses, shall purchase and maintain the herein stipulated minimum insurancewith companies duly licensed to do business In the State of Texas, possessing acurrent A.M. Best Inc.Rating of "A" orbetter
The policies may provide coverage, which contain deductible orself- insured retention. Such deductibleand/or self-insured retention shall not be applicable with respect to the coverage provided toDallas Countyunder such policies. The Contractor shall be solely responsible forall deductibles and/or self-insuredretention.
In no case shall the deductible or self Insurance retention amount begreater than ten percent (10%)of the required coverage.
The Contractor shall file two certified copies ofpolicies with the Owner before exposure toloss can occur. Ifthe Owner Is damaged by the failure ofthe Contractor to maintain such Insurance and toso notify the Owner,then the Contractor shall bear all reasonable costs properly attributable thereto.
INSURANCE LAPSES - Pursuant to Section 94.73 of the Dallas County Code, if the Contractor fails tomaintain the required Insurance under the Contract Documents atalltimes during the Contract orotherwisehas a lapse In any ofthe required insurance coverage, including worker's compensation coverage, during theterm ofthe Contract, the Contractor shall reimburse the Owner forany and all costs and/or attorney's feesincurred by the Owner In curing said default. In the event ofany Insurance lapse, the Owner shall retain fivepercent (5%) of the value of the total Contract Sum for a period of six (6) months from thedate of thecureof theinsurance lapse or thedate theContract has terminated, expired, or otherwise ended,whichever is later, to cover the Owner's potential exposure to liability during the period of theinsurance lapse.
CONTRACTOR FURTHER AGREES TO INDEMNIFY THE OWNER FOR ANY AND ALLPENALTIES,FINES, JURY AWARDS, MEDIATION AWARDS, ARBITRATION AWARDS, COMMISSIONERS COURTAWARDS OR AGREEMENTS, COURT COSTS, LITIGATION EXPENSES, AND ATTORNEYS' FEESINCURRED BY THE OWNER AS A RESULT OF THE CONTRACTOR'S FAILURE TO MAINTAIN THEREQUIRED INSURANCE ATALLTIMES DURING THE TERM OF THE CONTRACT. THECONTRACTOR, ATITS SOLE COST AND EXPENSE, WITH COUNSEL OF THE OWNER'S CHOICE,SHALL DEFEND AND HOLD THE OWNER HARMLESS IN ANY CLAIM OR ACTION AGAINST THEOWNER THAT OCCURRED AS A DIRECT OR INDIRECT RESULT OF THE CONTRACTOR'S FAILURETO MAINTAIN INSURANCE ATALL TIMES DURING THE TERM OF THE CONTRACT. WITHOUTWAIVING ANY RIGHTS, PRIVILEGES, OR IMMUNITIES AT LAW OR IN EQUITY, INCLUDING, BUT NOTLIMITED TO, SOVEREIGN IMMUNITY, THE OWNER SHALL COOPERATE WITH AND MAY, IN ITSSOLE DISCRETION, MONITOR THE CONTRACTOR IN THE DEFENSE OF ANY SUCH CLAIM, ACTION,OR PROCEEDING AND SHALL, IF APPROPRIATE, MAKE ITS EMPLOYEES AVAILABLE AS THECONTRACTOR MAY REASONABLY REQUEST WITH REGARD TO SUCH DEFENSE, SUBJECT TOREIMBURSEMENT BY THE CONTRACTOR OF ANY AND ALLCOSTS AND EXPENSES INCURRED BYTHE OWNER INCOOPERATING IN SUCH DEFENSE. THE CONTRACTOR AGREES NOT TO SETTLEANY CLAIM, ACTION, OR PROCEEDING WITHOUT THE OWNER'S WRITTEN CONSENT, WHICH SUCHCONSENT SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED BY THE OWNER. THECONTRACTOR FURTHER AGREES TO DEFEND AGAINST, AT ITS SOLE COST AND EXPENSE, AT
6
47SOO No. 2010-NNN-NNNN
THE ELECTION OF THE OWNER, ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR SUITS FORWHICH INDEMNIFICATION ISPROVIDED FOR HEREUNDER, PAYING SUCH COSTS TO THE OWNERAS THEY BECOME DUE.
In the event that the Contractor does not maintain any and all insurance as required by the Contract, theContractor shall Immediately cure such lapse at the Contractor's sole cost and expense, and pay the Ownerin full for all costs and expenses Incurred by the Owner under the Contract as a result of the Contractor'sfailure to maintain insurance, Including, but not limited to, any and all costs and reasonable attorney's feesrelating to the Owner's efforts tocure such lapse In insurance coverage. Such costs and attorney's fees,which shall not exceed One Thousand Five Hundred Dollars and No Cents ($1500.00), shall be automaticallydeducted from monies owed to the Contractor by the Owner under theContract. If the monies owed to theContractor under the Contract are less than the amount required tocure the lapse incoverage, theContractor shall pay such monies tothe Owner upon written demand. Moreover, upon any iapse of therequired Insurance by the Contractor, the Owner shall immediately retain five percent (5%) of the total valueofthe Contract tocover the Owner's potential exposure to liability during the period ofsuch insurance lapse.The five percent (5%) retainage shall be immediately deducted from any monies due to the Contractor bytheOwner under the Contract and held by the Owner fora period of six (6) months from the date of the cure ofthe insurance lapse ora period of six (6) months from the date the Contract has terminated, expired, orotherwise ended, whichever is later. Ifno claims are received byor iawsuits filed against the Owner foranyaccidents or injuries occurring during the lapse ofinsurance, the retainage shall be promptly returned to theContractor upon written request. Notwithstanding the foregoing, in the event aclaim is received by or lawsuitIs filed against the Owner foran accident or injury occurring during the Contractor's Insurance lapse, theOwner shall use the retalnage to defend, pay costs ofdefense, or settle any and all such claims, lawsuits, orjudgments, with any and all amounts In excess ofthe retalnage to be paid by the Contractor upon writtendemand bythe Owner.
Within ten (10) days after contract award and prior to the commencement ofany work ordelivery, thePurchasing Agent requires the successful vendor(s) tosubmit verification of the following coverage. TheInsurance coverages, except Workers Compensation and Professional Liability, required by this Contract,shall name Dallas County and itsofficers, employees and elected officials as additional insured(s) (as theinterest of each Insured may appear).
All insurance required herein shall be maintained In full force and effect through outthe tenm ofthis contract,including all extensions.
i. Workers Compensation orself insured employee coverage meeting the acceptablerequirements as established by the Texas Workers Compensation Act, Title 5, Subtitle A,Texas Labor Code; and
il. Commercial General Liability: Contractor shall maintain Commercial General liabilityInsurance with a limit not less than $1,000,000.00 foreach occurrence with a $2,000,000Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limitThe policy shall include coverage forbodily injury, broad fonm property damage, personalinjury, products and completed operations and blanket contractual coverage.
IIi. Automobile liability: Contractor shall maintain Commerclal/Business Automobile liabilityinsurance with a combined single limit of bodily Injury and property damage not less than$100,000/300,000/100,000 orcombined single limit of $400,000.00 each occurrence withrespect to the Contractor's any owned, hired, and non-owned vehicles assigned toorusedin performance of this contract
7
48SOO No. 2010-NNN-NNNN
Contractor agrees that, with respect to the above referenced insurance, all insurance contracts will containthe following required provisions
I. Name Dallas County and its officers, employees and elected officials as additionalinsured(s) (as the Interest of each insured may appear) as toall applicable coverage.
II. Provide for thirty (30) days notice to the County for cancellation, non-renewal ormateriaichange.
iiI. Provide for endorsement that the "other insurance" ciause shall not apply to Dallas Countywhere County isthe additional insured on the policy.
iv. Provide for notice tothe County at the address shown below by registered mail.
v, Contractor agrees to waive subrogation against Dallas County, its officers and employeesfor injuries, including death, property damage orany other loss.
vi, Contractor shall provide that all provisions of this contract concerning liability, duty andstandard ofcare, shall be underwritten by contractual liability coverage sufficient to includeobligation within applicable policies.
Vendors and/or their freight contractors must be prepared to show coverage verification prior to entelingupon Dallas County premises.
Failure to comply with lawful requirements oradequate liability requirements may result in delay ofpayments,subject to the orders of the Commissioners Court, not to exceed aperiod ofup to two years from thetermination ofthe contract, orcancellation ofthe contract orboth. (Court Order 2003-1792, September 30,2003).
K. Indemnification
Consultant, to the fullest extent allowed bylaw, agrees to indemnify and hold harmless the Countyof Dallas, the County's elected officials, employees, agents and representatives, (hereinafterreferred to as "Indemnitees") against all claims, demands, actions, suits, losses, damages, liabilities,cost and/or expense of every kind and nature (including, but notlimited to court cost, litigationexpense and attorneys fees), paying same as they accrue, and all recoverable interest thereon,incurred byor sought to be imposed on Indemnitees because of injury (including death) ordamageto property (whether real, personal or inchoate), arising out of orcaused by any act, error, oromission ofconsultant, any agent, officer, director, representative, employee, consultant orsubcontractor of consultant, and their respective officers, agents, employees, directors andrepresentatives while in the exercise oforperformance of the rights or duties under this Contract orin any way related (whether directly or indirectly, causally orotherwise) to the performance of,attempted performance of,or failure to perform, operation or work under this Contract, except to theextent such liability, damage, fine or expense is the result of negligent acts oromissions of theCounty, its officers oremployees. IN THE EVENT CONSULTANT AND COUNTY ARE FOUNDJOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BEAPPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OFTEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TOCOUNTY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIESUNDER TEXAS LAW.
8
49SOQ No. 2010-NNN-NNNN
L. Collusion -
The selected Firm will be required to provide an affidavit that he/she has not conspired with otherpotential Firms in any manner to attempt to control competitive solicitation for these services. Thisparagraph does not, however, preclude two or more Firms from presenting a combined or jointSOQ.
M. Modification, Qualification orAlteration of Response.
Responses to the SOQ which have been qualified, altered or modified in any manner by therespondent shall be evaluated in accordance with the requirements of the SOQ as distributed by thePurchasing Department exclusive ofany and all such qualifications, alterations or modifications.
N. Professional Service - Negotiations.
The most highly qualified firm will be selected on the basis of demonstrated competence andqualifications as evaluated. County shall enter into negotiations with the selected firm in an attemptto enter into a contract for which a fair and reasonable price can be negotiated for the services to berendered.
In the event that the County cannot reach agreement with the selected firm by negotiation of aservices or any work, the County may formally end negotiations for that project by writtennotification to the selected firm, and may select the next most highly qualified firm and attempt tonegotiate acontract with that firm at a fair and reasonable price for the services tobe rendered.
The County shall have the right, but not the obligation, to continue the process described hereinabove to select and negotiate with firms until a contract for each project is entered into within fundscurrently available.
O. Duration of Solicitation
All SOQ will be valid from the submission date until completion of the selection process or, ifselected for award, and shall constitute a continuing irrevocable offer to Dallas County for thatperiod. Each Firm certifies and warrants that the information contained in any response to thisSolicitation is true and correct when made and shall continue to be true and correct during theabove time period or until such time as the Firm shall notify County in writing of any change incircumstance which mayor could affect the determination of the qualifications of the Firmspecifically including, but not limited tothose items required tobe furnished herein.
P. Material Change Affecting Qualifications
Each Firm shall notify County in writing immediately upon any occurrence that could or may affectthe qualifications of the Firm, specifically including, but not limited to, the filing of a petition InBankruptcy, assignment for the benefit of creditors, merger or sale of the Firm, loss of computerhardware, software or firmware utilized, equipment orsupplies utilized, or loss of or material changein personnel assigned or key personnel, detailing the occurrence.
9
50soc No. 201Q-NNN-NNNN
In the event that such occurrence shall, in the sole determination of County, change or modify thequalifications of that Firm, County may, in its sole discretion, remove the Firm from the list ofqualified firms.
II. saQ CONTENT REQUIREMENTS
The Professional Elevator Consultant Services to be performed by the selected firm and its personnel will beutilized by the County for the monitoring/evaluation of the approximately 128 elevators and escalators inDallas County facilities including performing state mandated equipment inspection and, at the County'sdiscretion, professionai services for the modernization of the County's elevator/escalator equipment; andother miscellaneous County use for which Professional Elevator Consultant Services are necessary orconvenient
The submitted SOO's must contain detailed and concise qualifications of the Firm and personnel, based onthe specific scope of work. The sao shall include information as described below:
A The name, date of firm formation, date of opening Dallas office (if in Dallas), current address,(mailing and physical addresses) and phone number in addition to the signature of the firm'sdesignated representative authorized to contractually bind firm shall be presented on the first pageof the sao. Subsequent pages shall provide an overview history of the firm including previous andcurrent projects. Specifically identify all work with the County of Dallas, not only by the firm, but byprinciples and key personnel of the firm. Limit examples to work accomplished by current membersof the firm and explain the exact role of participation. A Government Services AdministrationStandard Form No. 254 must also be furnished for consideration ofsao.
B. Experience and past performance of the Firm regarding similar elevator/escalator work. Provide thisinformation according to the specific type ofcontract.
The sao shall detail:1a) Demonstrate that the Firm has completed similar work, as described in B, above, ontime and within budget.
2a) Indicate the technical resources and tools available for projects for which the sao isbeing submitted. An example of a response to this requirement would include availablesoftware, hardware, specializations and ability and/or equipment.
3a) Describe Team including resumes and experience of key personnel, sub-consultantsand/or certified technicians to be assigned to the projects.
4a) List ofprofessional references ofsimilar work completed.
Sa) Any other qualifications demonstrating the competence and experience related to thespecific project.
6a) General methodology proposed to undertake the scope of work described.
7a) Minority/Women Business certification form. (Form and instructions attached).
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5 1SOQ No. 2010-NNN-NNNN
8a) SOQ shall be signed by an Individual who Is authorized to bind the responding firmcontractually.
III. SELECTION PROCESS
After the completion of the evaluation of the SOQ responses by the Selection Committee and ranking ofeach firm, the COUNTY shall short-list the number of firms to the highest ranked firms. COUNTY shall havethe right but not the obligation, to conduct interviews with those short-listed respondents to determine eachfirm's qualifications. COUNTY shall notify each firm when interviews are required, the date, time and place,and shall identify such items as may be deemed by COUNTY to be required or helpful to determine finalqualification for this contract. Upon completion of the interview process, the selection committee shall scoreeach firm interviewed todetermine "Best Qualified.
Once a firm has been selected as "Best Qualified", written notice shall be given by COUNTY to that firm.Upon receipt of such notice the party selected as "Best Qualified" shall, within 7 days submit to COUNTY alisting ofeach item deliverable In the draft contract, as the basis ofnegotiations ofa fair and reasonable fee.
Subsequent to receipt, negotiations will be entered Into with the firm in an attempt to agree to a fair andreasonable cost for the services to be rendered. Upon mutual agreement as to cost, etc., a contract forProfessional Elevator Consultant Services will be submitted for approval by the Dallas CountyCommissioners Court. In the event that negotiations are unsuccessful the County may terminatenegotiations by notice to the firm. County may then select the next most qualified and enter Intonegotiations, orat its sole discretion, abandon, suspend ordelay such services.
A list ofthe final determination or rank of interviewing firm shall be made available to any interested party.
IV. SCOPE OF WORK
This SOQ is to solicit professional elevator consultant services for Dallas County elevators and escalators.
The scope of work Includes the obligation of the firm to testify in administrative or judicial proceedings, asrequired, for the term of the contract and for a period of three years following completion of the last work orcompletion of any litigation to non-appealable judgment orequivalent.
In compliance with the Unified Policy for Procurement of Architectural/Engineering Services for DallasCounty, SOQ's are requested in accordance with step one of the two-step, qualification- based selectionprocess. The SOQ will be used to determine the qualifications of the submitting Firm and the Firm'spersonnel, and toprovide a basis for the Selection Committee to rate the Firm.
The term of the solicited contract is one (1) year and will begin upon award and will have four (4) additionalone (1) year options toextend, unless otherwise terminated or renewed as stated in the contract.
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52SOQ No. 2010-NNN-NNNN
Part One - Consultant Services
1) Monitor the elevator/escalator maintenance program for ail 128 Dallas Countyelevators/escalators.
2) Monitor/inspect the work performed by the elevator/escalator maintenance contractor(s).3) Evaluate overall performance ofCounty's elevator/escalator maintenance contractor(s)4) Monitor/evaluate maintenance contractor repairs resulting from QEI testing.5) Consultant shail respond within twenty-four (24) hours to any telephone and/or e-mail
communication from the County's contract representative related to the County's elevators andescalators.
Part Two - QEllnspection Services
1) Perform QEltesting, annual and five-year, on all elevators/escalators including preparation of TDLRforms and violations lelter(s), if necessary.
Part Three - Modernization (at the discretionlrequest of Dallas County)
1) Conduct a review to determine condition and repair for modernization of all units.2) Survey equipment and provide detail report with recommendations for equipment upgrade.3) Consultant shall provide cost estimate for each of the units selected for modernization prior to
the bidding process. In addition, the consultant shall provide suggested capital expenditurebudget including a written report detailing the deficiencies and required corrective measures forDallas County staff toevaluate.
4) The selected firm shall be capable ofproviding stamped and sealed drawings and specificationsby a Professional Engineer working with the firm fora minimum of two years.
5) The selected firm shall provide a set of detail drawings and specifications for elevator work thatwill be ready for the solicitation of competitive bids by Dallas County.
6) Assist in the evaluation/selection process for the modernization contractor.7) Provide construction management services after the contract for modernization is awarded.8) Verify and inspect any warranty work after the acceptance of the work.
12
SOO No. 2010-NNN-NNNN Request for Statement of Qualifications for Professional Elevator Consultant Services
DALLAS COUNTY - ELEVATORS & ESCALATORS
REV: 04/16/10YR OEI OEI
NO. Location Type Upgrade Service Mfr. 1 YR 5 YR TX-E #
GEORGE ALLEN BUILDING - GOO COMMERCE ST1 GAGB BLDG. G/LESS 2007 #1 Kone 01/11 04/13 617162 GAGB G/LESS 2007 #2 Kone 01/11 04/13 617173 GAGB G/LESS 2007 #3 Kone 01/11 04113 617184 GAGB G/LESS 2007 #4 Kone 01/11 04113 617195 GAGB G/LESS 2007 #5 Kone 01/11 04/13 617206 GAGB G/LESS 2007 #6 Kone 01/11 04/13 61721
6A Expan. GAGB Gear 2005 1 Judge Kone Dec-l0 Dec-lO 428966B Expan. GAGB Gear 2005 2 Public Kone Dec-l0 Dec-l0 582656C Expan. GAGB Gear 2005 3 Public Kone Dec-l0 Dec-l0 4601060 Expan. GAGB Gear 2005 4 Public Kone Dec-l0 Dec-10 582666E Expan. GACB Hydro 2005 5 Public Kone Dec-10 Dec-10 58272
(Y)GF Expan. GACB Hydro 2005 6 Freight Kone Dec-10 Dec-l0 582647 GACB G/LESS 1999 Jail 7 Kone 03/11 01/09 34791LO 8 GACB G/LESS 1999 Jail 8 Kone 03/11 01/09 347929 GACS Gear 2000 Jail9 Kone 03/11 01115 4632210 GACB Gear 2000 Jail 10 Kone 03111 01/15 4632311 GACB Gear 2000 Jail 11 Kone 03/11 01115 4632412 GAGB Gear 2009 9th fir. # 12 OTIS 01111 03/13 1308413 GACB HYDRO 2007 Dist. Clerk Dover 01/11 --- 6172214 ------ ... --- Sidewalk15
15A Exp. Escalator ESCL 2005 B to 1 Kone 12/10 --- 4495516 ----~- --- --- --- --- ---- --- ---16A Exp. Escalator ESCL 2005 1 to B Kone 12/10 --- 4495416B Escalator ESGL 2005 1 to 2 KONE 12/10 --- 5827316C Escalator ESGL 2005 2 to 1 KONE 12110 --- 58278160 Escalator ESCL 2005 2 to 3 KONE 12/10 --- 5827716E Escalator ESCL 2005 3 to 2 KONE 12/10 --- 5827416F Escalator ESCL 2005 3 to 4 KONE 12110 --- 5827516G Escalator ESCL 2005 4 to 3 KONE 12/10 --- 58276
Attachment #1 1 of 6
SOQ No. 2010-NNN-NNNN Request for Statement of Qualifications for Professional Elevator Consultant Services
DALLAS COUNTY - ELEVATORS & ESCALATORS
REV: 04/16110YR QEI QEI
NO. location Type Upgrade Service Mfr. 1 YR 5YR TX-E #
FRANK CROWLEY JAIL -133 N.INDUSTRIAL17 FRANK_CROWL G/LESS 1984 1 Kane 05/10 05/10 1346218 FRANK_C G/LESS 1984 2 Kane 05/10 05/10 1346119 FRANK_C G/LESS 1984 3 Kane 05110 05/10 1346020 FRANK_C G/LESS 1984 4 Kane 05/10 05/10 1345921 FRANK_C G/LESS 1984 5 Kane 05/10 05/10 1345822 FRANK_C G/LESS 1984 6 Kane 05/10 05/10 1345723 FRANK_C G/LESS 1984 7 KOlle 05/10 05/10 1345624 FRANK_C GEAR 1984 8_SERVICE Kane 05/10 05/10 1345525 FRANK_C GEAR 1984 9_STAFF Kane 05/10 05/10 1346726 FRANK_C GEAR 1984 10 JAIL Kane 05/10 05/10 1303927 FRANK_C GEAR 1984 11 JAIL Kane 05/10 05/10 13038
't28 FRANK_C GEAR 1984 12_STAFF Kane 05/10 05/10 1346629 FRANK_C GEAR 1984 13_STAFF Kane 05/10 05/10 13463LO 30 FRANK_C GEAR 1984 14 JAIL Kane 05/10 05110 1346431 FRANK_C GEAR 1984 15 JAIL Kane 05110 05110 1303732 FRANK_C GEAR 1984 16_STAFF Kane 05110 05110 1346533 FRANK_C ESCL 1984 1 to 2 Kane 05/10 -- 1307334 FRANK_C ESCL 1984 2 to 1 Kane 05110 -- 1307235 FRANK_C ESCL 1984 2 to 3 Kane 05110 -- 1307136 FRANK_C ESCL 1984 3 to 2 Kane 05110 -- 1307037 FRANK_C ESCL 1984 3 to 4 Kane 05110 -- 1306838 FRANK_C ESCL 1984 4 to 3 Kane 05110 -- 1306939 FRANK_C ESCL 1984 4 to 5 Kone 05110 -- 1306640 FRANK_C ESCL 1984 5 to 4 Kane 05/10 -- 13067
Attachment #1 2 of 6
SOQ No. 201O-NNN-NNNN Request for Statement of Qualifications for Professional Elevator Consultant Services
DALLAS COUNTY - ELEVATORS s ESCALATORS
REV: 04/16/10
YR QEI QEINO. location Type Upgrade Service Mfr. 1 YR 5 YR TX-E #
GARAGE 'C' LEW STERRETT -199 N. INDUSTRIAL41 Garage C GEAR 2003 C1 US 05/10 05/13 1865342 Garage C GEAR 2003 C2 US 05/10 05/13 18654
GARAGE 'D' LEW STERRETT -189 N. INDUSTRIAL43 Garage 0 GEAR YR 2010 03 03110 03/11 5355044 Garage D GEAR YR 2010 02 03110 03/11 5352245 Garage D GEAR YR 2010 01 Re-done 03/10 03/11 53572
HENRY WADE JUVENILE JUSTICE CENTER· 2600 LONE STAR DR.46 HWJJ CTR HYDRO 1992 #1 Thyssen 12/10 --- 2865547 HWJJC HYDRO 1992 #2 Thyssen 12/10 --- 28656
LO48 HWJJC HYDRO 1992 #3 Thyssen 12/10 --- 2865749 HWJJC HYDRO 1992 Jail #4 Thyssen 12/10 --- 28652LO 50 HWJJC HYDRO 1992 Jail #5 Thyssen 12/10 --- 2865351 HWJJC HYDRO 1992 Jail #6 Thyssen 12110 --- 28654
51A New Addition HYDRO 2004 Unit6A Thyssen 12110 55492
OLD JUVENILE DETENTION· 4639 HARRY HINES BLVD52 --- --- OOS FREIGHT --- --- 41894
BILL DECKER BUILDING - 899 STEMMONS FRWY53 DECKER__JAIL GEAR #1 visitor Otis 07/10 07/12 2758954 DECKER_JAIL GEAR #2 visitor Otis 07/10 07/12 2758855 DECKER_JAIL GEAR #5 freight Otis 07/10 07/12 2758756 DECKER__JAIL HYDRO #7 Wayback ESCO 07/10 --. 2759057 DECKER_JAIL GEAR #3 jail Otis 07/10 07/12 3669758 DECKER__JAIL GEAR 1999 #4 jail Otis 07/10 07/12 366985960
Attachment #1 30f6
SOQ No. 201O-NNN-NNNN Request for Statement of Qualifications for Professional Elevator Consultant Services
DALLAS COUNTY - ELEVATORS & ESCALATORS
REV: 04/16/10YR QEI QEI
NO. Location Type Upgrade Service Mfr. 1 YR 5 YR TX-E #
NORTH TOWER EAST / WEST - 111 COMMERCE STREET61 NORTH_TOWER TRAC 1992 visitor N1 MONTG 12/10 12/12 1304662 NORTH_TOWER TRAC 1992 visitor N2 MONTG 12/10 12/12 1304763 NORTH_TOWER TRAC 1992 JAIL N3 MONTG 12/10 12/12 1304064 NORTH_TOWER TRAC 1992 JAIL N4 MONTG 12/10 12/12 1304265 NORTH_TOWER TRAC 1992 JAIL N5 MONTG 12/10 12/12 1304166 NORTH_TOWER TRAC 1992 JAIL N6 MONTG 12/10 12/12 1304367 NORTH_TOWER HYDRO 1992 JAIL N7 MONTG 12/10 --- 1306068 NORTH_TOWER HYDRO 1992 JAIL N8 MONTG 12/10 --- 1305969 NORTH_TOWER HYDRO 1992 JAIL N9 MONTG 12/10 --- 1305770 NORTH_TOWER HYDRO 1992 freight N10 MONTG 12/10 --- 13058
(0 LEW STERRETT JAIL "A" BUILDING 111 COMMERCE ST71 LEW_S 'A' JAIL GEAR 1992 JAIL A1 Thyssen 06/09 2011 57885LD 72 LEW_S 'A' JAIL GEAR 1992 JAILA2 Thyssen 06/09 2011 5788673 LEW_S 'A' JAIL GEAR 1992 A3 Thyssen 06/09 2011 5788774 LEW_S 'A' JAIL GEAR 1992 A4 Thyssen 06/09 2011 57888
LEW STERRETT JAIL "B" BUILDING 111 COMMERCE ST75 LEW_S 'B' GEAR 1998 JAIL B1 Kane 04/10 4/13 3478876 LEW_S 'B' GEAR 1998 JAIL B2 Kone 04/10 4/13 3478977 LEW_S 'B' GEAR 1998 JAIL B3 Kane 04/10 4/13 3479078 LEW_S'B' GEAR 1998 JAIL B4 Kane 04/10 4/13 1305679 LEW_S'B' GEAR 1990 JAIL B5 Thyssen 04/10 4/13 1305280 LEW_S 'B' POWER 2002 Maint. Langley 04110 --- 53505
NEW SOUTH TOWER JAIL 111 COMMERCE ST80A South Tower Gear 2009 Freight S1 Otis 03111 02/14 6864880B South Tower Gear 2009 Jail S2 Otis 03111 02/14 7183280C South Tower Gear 2009 Jail S3 Otis 03/11 02/14 71833800 South Tower Gear 2009 Jail S4 Otis 03/11 02/14 7183480E South Tower Gear 2009 Public S5 Otis 03/11 02/14 7183580F South Tower Gear 2009 Public 86 Otis 03/11 02/14 7183680G South Tower Hydro 2009 Jail S7 Otis 03/11 02/14 71837
Attachment #1 4 of6
SOQ No. 2010·NNN·NNNN Request for Statement of Qualifications for Professional Elevator Consultant Services
DALLAS COUNTY· ELEVATORS s ESCALATORS
REV: 04/16/10
YR QEI QEINO. location Type Upgrade Service Mfr. 1 YR 5 YR TX·E #
RECORDS BLDG, • ANNEX (1955) • ELM STREET (WEST)RECORDS BLDG, • OLD CRIMINAL COURTS JAIL (1913)·500 MAIN STREETRECORDS BUILDING (1928) • ELM STREET (EAST)
81 RECORDS G/LESS 1999 UNIT #1 Otis 03/11 11/09 3669282 RECORDS G/LESS 1999 UNIT #2 Otis 03/11 11/09 3669383 RECORDS_ANX G/LESS 1998 UNIT #3 Otis 03/11 01/13 3660484 RECORDS_ANX G/LESS 1998 UNIT #4 Otis 03/11 01/13 3660585 RECORDS_C_C G/LESS 2000 JAIL 1 Otis 03/11 2011 4631786 RECORDS_C_C G/LESS 2000 JAIL2 Otis 03/11 2011 4631887 RECORDS HYDRO 2009 Sidewalk Thyssen 03/11 ... 4802888 Records Handi Lift Stair Chair Lift Aid 09/10 ... 6395789
I"- ADMIN, BLDG. ·411 ELM ST,LO 90 ADMIN_BLDG HYDRO 2009 UNIT #1 Thyssen 01/11 ... 27591
91 ADMIN_BLDG GEAR UNIT #2 Thyssen ? 01/13 2759292 ADMIN_6thJL GEAR 1_MUSEUM Thyssen 03/11 01/15 1903693 ADMIN_6thJL GEAR 2_MUSEUM Thyssen 03/11 01/15 1903794 ADMIN_6thJL HYDRO 3_MUSEUM Thyssen ? ... 26055
KENNEDY PARKING GARAGE95 KENNEDY_G HYDRO 2007 UNIT #1 ESCO 08/10 ... 6171196 KENNEDY_G HYDRO 2007 UNIT #2 ESCO 08/10 ... 61715
NEW UNDERGROUND GARAGE· 606 ELM STREET96A New Garage 02/07 UNIT 1 Thyssen 02/11 2012 5969596B New Garage 02/07 UNIT 2 Thyssen 02/11 2012 59696
NEW FORENSIC SC FACILITY - 2355 STEMMONS97 NEW FORENSIC HYDRO 2009 unit #1 Schindler 02/10 2015 7092498 NEW FORENSIC HYDRO 2009 unit #2 Schindler 02/10 2015 7092599 2355100 2355101 2355
Attachment #1 50f6
SOQ No. 2010-NNN-NNNN Request for Statement of Qualifications for Professional Elevator Consultant Services
DALLAS COUNTY - ELEVATORS 8. ESCALATORS
REV: 04/16/10YR QEI QEI
NO. Location Type Upgrade Service Mfr. 1 YR 5YR TX-E #
HEALTH 8. HUMAN SERVICES - 2377 STEMMONS102 2377_SJRWY TRAC 2001 UNIT #1 Thyssen 10/10 10/12 50805103 2377_SJRWY TRAC 2001 UNIT #2 Thyssen 10/10 10/12 48702104 2377_S_FRWY TRAC 2001 UNIT #3 Thyssen 10/10 10/12 48711105 2377_SJRWY 2001 Dumb waiter
COOK CHILL WAREHOUSE - 2121 FRENCH SETTLEMENT106 COOK_CHILL HYDRO UNIT #1 Thyssen 12110 --- 27596
INVESTMENT BUILDING· 414 RL. THORNTON FRWY107 INVESTMENT HYDRO 2009 UNIT #1 Thyssen 10/10 _.. 19053
CONORTH DALLAS GOV, CENTER -10056 MARSH
108 NDGC HYDRO UNIT #1 Thyssen 10110 --- 19051If)
OAKCLIFF SUB-COURTHOUSE - 408S. BECKLEY109 OAK_CLIFF HYDRO 2009 UNIT #1 Thyssen 10/10 --- 19052
Old FORENSIC BUILDING - 5230 MEDICAL CENTER DR110 FORENSIC HYDRO UNIT 1 02/10 --- 27599111 FORENSIC HYDRO UNIT 2 02/10 --- 27597112 FORENSIC HYDRO UNIT3 02/10 .-- 27598
OLD RED COURTHOUSE -100 HOUSTON ST113 OLD_RED (S) 2007 North Unit Thyssen 04/10 04/12 59687114 OLD_RED (N) GEAR 2009 South Unit Otis 03/10 03/14 53599
Total 128 units active
United Elevator units ....... 111 unitsKONE units ................15 unitsSchindler - 2 unitsRemoved I OOS .... 10 units
Attachment #1 6 of 6
59
ELEVATOR CONSULTANT SERVICES CONTRACT
THE STATE OF TEXAS §COUNTY OF DALLAS §
with offices located at, _
WITNESSETH:
WHEREAS, County intends to contract for professional elevator consultant services for one year, with theoption to extend on a year to year basis for up to four (4) additional years, providing both parties concur;and
WHEREAS, the County requested Statements of Qualifications for Professional Elevator ConsultantServices from professional elevator consultant firms through SOQ No, 2010-NNN-NNNN; and
WHEREAS, the County has determined that Consultant is highest qualified provider of elevatorconsultant services; and
WHEREAS, County and Consultant have agreed upon the fair and reasonable negotiated price per unitof work to be accomplished; and
NOW, THEREFORE, County and Consultant, in consideration of the terms, covenants and conditionsherein contained do hereby agree and contract as follows:
ARTICLE I: BASIC SERVICES TO BE PERFORMED:
I. Par! 1 - Consultant Services
Consultant agrees to furnish the following elevator consultant services for all Countyelevators/escalators as requested:
1, Monitor the maintenance program for all 128 elevators and escalators or as currentstatus changes,
2, Monitor/inspect the work performed by the elevator/escalator maintenance contractor,
3, Monitor/evaiuate the state mandated inspections/reports/repairs for all elevator andescalators,
4, Evaluate the overall performance of the maintenance contractor,
5, Perform additional elevator consultant services as required by County,
6, Consultant shall respond within twenty-four (24) hours to any telephone and/or e-mailcommunication from the County's contract representative related to the County'selevators and escalators
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2. Part 2 - QEI Inspections
All tests shall be performed by a licensed elevator contractor and witnessed by Consultant, asrequired by Texas Department of Licensing and Regulation. It is the County's responsibility tomake arrangements with the County's eievator maintenance contractor to perform the requiredannual and/or 5-Year load tests. OEI inspection results will be submitted by Consultant to theCounty on the appropriate forms required by State law and shall prepare additionaldocumentation (i.e. violations letter) for Dallas County as required by the Texas Department ofLicensing and Regulation.
3. Part 3 - Modernization
At the request of the County, Consultant agrees to furnish modernization consulting services onthe vertical transportation equipment to include the following:
Elevator Audit
A. Survey and Report1. Conduct a review and inventory of vertical transportation equipment designated
by the County to determine the adequacy of maintenance and repair, generalappearance of equipment and determine condition.
2. Check performance levels of each vertical transportation equipment unit todetermine the efficiency and level of adjustment
3. Submit a written report for each elevator and the deficiencies that requirecorrective measures.
4. Investigate building requirements for building usage and/or occupancy elevatorservice and analyze needs of present and future tenants. Existing and newequipment will also be evaluated against the requirements of the current ASMEA17.1 Code and local Code.
5. Provide a report on the above and recommend type of equipment needed formodernization. Consideration will be given to amount of present equipment thatcan be retained by recognizing those items that have reached their life span andthose items that are compatible with one another. Report will contain costestimates of modernization needs, together with suggested facility capitalexpenditure budget associated with HVAC, structural, etc.
6. Provide consultation for procedure and report evaluation.
B. Specifications and Bids
1. Prepare a detailed and complete performance based specification for theelevator modernization program. The specification shall include specificperformance criteria, compliance with current codes, and establish the qualitylevel for the modernized equipment
2. Consultant shall provide a set of detail drawings and specifications for elevatorwork that will be ready for the solicitation of competitive bids by Dallas Countyincluding a bid form and a continuing preventive maintenance agreement form.Drawings and specifications must be stamped and sealed by a ProfessionalEngineer working with the firm for a minimum of two years.
3. Attend a pre bid job site walk through and review with elevator contractors.
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61
4. Provide assistance on any bidding matter, such as but not limited to:8. Consultations on bidding procedureb. Evaluate the bids and submit written recommendations.c. Attend or conduct bid review meetingsd. Assist with contract negotiationse. Establish and review the material/delivery construction schedule.
C. Construction Services Phase
1. Review the shop drawings submitted by the elevator contractor for code andcontract document compliance. Review comments shall be incorporated on onesepia and no more than two blue line drawings.
2. Conduct periodic modernization progress reviews to determine that work isproceeding in accordance with the contract documents and in general conformitywith the intent of the design concept Submit written reports which shall includethe following:a. list items of non conformityb. Percentage of equipment and components on the site and installed.c. Percentage of overail completion of individual or groups of elevatorsd. Identify equipment of components not on the job site that could affect the
modernization schedule.e. Review applicability of Temporary Acceptance forms.f. Attend job site meetings to assist in resolution of modernization
problems.g. Review and comment on progress billing and verify Change Orders.
3. Conduct a final after-modernization review to document equipment complianceand performance with contract requirements. Provide County with a writtenreport covering the performance data and itemized deficiencies. Make oneadditional review per elevator group to verify compliance with deficiency report.The job shall be considered substantially complete when the reviews have beenmade and elevators are operating in accordance with specified performanceguarantees. If additional reviews are required, they shall be billed as AdditionalServices. Provide State of Texas required certifications.
4. Approve work and certify payments to the contractor.
5. Establish substantial completion, final completion and warranty effective dates.
6. Review and forward contract closeout documents to County.
ARTICLE II: ADDITIONAL SERVICES:
Services that materially increase the scope of Basic Services shall be billed as Additional Services.County must authorize Additional Services in writing. Authorized Additional Services shall be billedseparately.
ARTICLE III: NOTICE TO PROCEED
It Is specifically understood and agreed that the Consultant shall not authorize nor undertake any work,which work would require the payment of any fee, cost, expense or reimbursement until Consultanthas furnished to County proof of all required insurance, bonds, or other required items and the delivery to
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62
Consultant of written notice to proceed from the Assistant Director of Engineering and ProjectManagement.
ARTICLE IV: FEE:
The fee for Consultant's Basic Services is as follows:
Pari 1 - Conaultant Services Per Hour
12.
The hourly billing rate for ail consultant related services will be $ per hourThe hourly billing rate for administrative staff services will be $ per hour.
Pari 2 - QEllnspeclions Fee (Annual and 5-Year Certification Inspections) Per Unit
12.
Annual - 1 year QEI at $ per unit5 Year - Full Load QEI a'-t7$--- per unit
Pari 3 - Modernization
1.2.
The hourly billing rate for all consultant related services will be $ per hourThe hourly billing rate for administrative staff services will be $ per hour.
Additional Services/Per Hour
1.2.
The hourly billing rate for all consultant related services will be $ per hour.The hourly billing rate for administrative staff services will be $ per hour.
Travel, parking, meals, document reproduction, special document handling and other authorizedexpenses are included in the contract fees.
ARTICLE V: PAYMENTS:
A. Payments for Consultant's Additional Services. Part1 - Consultant Services Per Hour. and Part 2 QEI Inspection Fees shall be paid subsequent to completion of the item, County receipt of all reports orother items resulting from such item. that are in full compliance with this Contract, acceptance andapproval by County, County is invoiced with supporting documentation acceptable to County; and suchinvoice is accepted by the County Auditor.
B. Payment for Part 3 - Modernization, shall be paid subsequent to the delivery and acceptance ofsigned and sealed plans and specifications that are in full compliance with this Contract, such plans andspecifications being approved by County, County is invoiced with supporting documentation acceptable tothe County and such invoice is accepted by the County Auditor.
c. CONSULTANT IS HEREBY NOTIFIED THAT PAYMENT MAY BE WITHHELD IN THE EVENT THATTHERE IS A LAPSE IN CONSULTANT'S INSURANCE OR BOND COVERAGE.
D. Consultant's Invoices to County shall provide complete Information and documentation to substantiateConsultant's charges. and shall be in a form to be specified by the Assistant Director of Engineering andProject Management. All payments to Consultant shall be made on the basis of work completed to thesatisfaction of County, the Invoices submitted by Consultant and approved by the Assistant Director ofEngineering and Project Management.
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E. County reserves the right to correct any error that may be discovered in any invoice that may havebeen paid to Consultant and to adjust same to meet the requirements of the Contract
F. Following the approval of invoices, County will endeavor to pay Consultant promptly (usually within 30days).
ARTICLE VI: DELIVERABLES:
A. It is specifically understood and agreed that the Consultant shall not authorize nor undertake anywork, which would require the payment of any fee, cost, expense or reimbursement in addition to thefees stipulated in this Contract, without having first obtained specific written authority therefore from theCounty, including work referred to as "Additional Services", "Consultant Services per hour" , "QEIInspections Fees" or "Modernization". The written authorization for additional work shall be in the form ofa "Written Notice To Proceed". Such written notice shall clearly define the additional services and thenegotiated per hour fee. The notice shall be approved by the Consultant and recommended by theAssistant Director. In the event that the total amount of the modification exceeds the total not to exceedamount for such services Commissioners Court's approval is necessary and no work shall beaccomplished prior to the Commissioners Court formal approval.
B. In addition to any other requirement herein, Consultant shall deliver requested work to the Countyin digital form which is electronically downloadable and able to be manipulated by County computers. Anycorrupted files shall be replaced by Consultant at no additional cost to County. In addition to theseelectronic files, hard copies shall be supplied or in such other formats as instructed by the County herein.
C. In the event that the Consultant's team is materially changed, experiences a change insubconsultant, has a change of address or name, Consultant shall provide notice of said changes toCounty as soon as practicable, but not more than fourteen (14) calendar days. Documentation suppliedto County for Consultant's team shall remain as accurate as at time of proposal.
ARTICLE VII: WRITTEN NOTICE FOR ADDITIONAL SERVICES:
Each notice shall be prepared by the County and shall contain a description of the work to be performed,any items to be furnished by the County, any special provision and a completion date for the work. Uponreceipt of the proposed Work Order, the Consultant, if the notice contains work with unit pricing, shallfurnish to the County itemized projected Cost of the notice based on the negotiated rates as shown hereinand a total, not-to-exceed Cost of the work. The County may accept or reject, in whole or in part, suchsubmission. In the event of rejection the parties agree to negotiate in good faith to reach agreement as toeach item. Once agreement has been reached, the Work Order will be completed and signed by theConsultant. Such Work Order shall be signed by the Dallas County Engineering and Project ManagementDepartment. In the event that the total of the work notices shall exceed the not-to-exceed amount forsuch work, the item will then be submitted to the Dallas County Commissioners Court for itsconsideration. Any notice where amount exceeds the total not-to-exceed amount for these items iscontingent upon and not effective until approved by a formal order of the Dallas CountyCommissioners Court and notice to proceed has been issued by the Department of Engineeringand Project Management.
ARTICLE VIII: INSURANCE:
A. Firm shall indemnify County including, but not limited to, damages resulting from defects, errors, or omissionsand shall secure, pay for and maintain in force during the term of the contractsufficienterrors and omissionsinsurance in an amount of not less than $1,000,000.00 single limit, workers compensation, automobile liability, andgeneral comprehensive liabilityinsurance in the amounts and conditions as found in the Contract. Issuance of anyNotice to Proceed is conditioned upon the strict compliance with all insurance requirements and amounts as listed inthe Contract. Responding firms must furnish Countywith certificates of insurance evidencing such coverage by a
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company authorized todo business in Texas acceptable to County. Failure to furnish such insurance and satisfactoryproof thereof shall be grounds fortermination of the Contract orany portion of the work.
The provisions set forth below shall form the basis for Insurance Requirements. Omissions do not relieve theContractor ofcompliance with all pertinent laws.
IF ANY INSURANCE ISCANCELLED OR CHANGED AT ANY TIME, CONTRACTOR MUST NOTIFY DALLASCOUNTY iMMEDIATELY
B. Liability and Other Insurance Coverage
Within ten (10) days after contract award and prior to the commencement ofany work ordelivery, the PurchasingAgent requires the successful vendor(s) tosubmit verification ofthe foilowing coverage. The insurance coverages,except Workers Compensation and Professional Liability, required by this Contract, shall name Dallas County and itsofficers, employees and elected officials as additional insured(s) (as the interest ofeach insured may appear).
All insurance required herein shall be maintained in full force and effect through out the term of this contract,including all extensions.
a. Workers Compensation orself insured employee coverage meeting the acceptable requirements asestablished by the Texas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Code; and
b. Commercial General Liability: Contractor shall maintain Commercial General Liability Insurance with alimit 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 include coveragefor bodily injury, broad form property damage, personal injury, products and completed operations andblanket contractual coverage.
c. Automobile Liability: Contractor shall maintain Commercial/Business Automobile Liability insurance witha combined single limit of bodily injury and property damage not less than $100,000/300,000/100,000or combined single limit of $400,000.00 each occurrence with respect to the Contractor's any owned,hired, and non-owned vehicles assigned to orused inperformance of this contract.
d. Errors and Omissions Insurance as designated herein.
Any vendor that conducts business with Dallas County, whether it is for goods and/or services, must maintain lawfulworker's compensation/self insured employee coverage requirements and adequate liability limitations.
The Contractor, at its own expenses, shall purchase and maintain the herein stipulated minimum insurance withcompanies duly licensed todobusiness in the State of Texas, possessing a current A.M. Best, Inc. Rating of"A" orbetter.
The policies may provide coverage, which contain deductible orself- insured retention. Such deductible and/or selfinsured retention shall not be applicable with respect to the coverage provided to Dallas County under such policies.The Contractor shall be solely responsible forall deductibles and/or self-insured retention.
In nocase shall the deductible or self insurance retention amount begreater than tenpercent (10%) of therequired coverage.
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The Contractor shall file two certified copies ofpolicies with the Owner before exposure to loss can occur If theOwner isdamaged by the failure of the Contractor to maintain such insurance and to so notify the Owner, then theContractor shall bear all reasonable costs properly attributable thereto.
C. INSURANCE LAPSES - Pursuant to Section 94.73 ofthe Dallas County Code, if the Contractor fails to maintainthe required insurance under the Contract Documents atall times during the Contract orotherwise has a lapse in anyof the required insurance coverage, including worker's compensation coverage, during the term ofthe Contract, theContractor shall reimburse the Owner for any and all costs and/or attorney's fees incurred by the Owner in curingsaid default. In the event ofany insurance lapse, the Owner shall retain five percent (5%) ofthe value of the totalContract Sum fora period ofsix (6) months from thedate of the cure of the insurance lapse or thedate theContract has terminated, expired, or otherwise ended, whichever is later, to cover theOwner's potentialexposure to liability during the period of theinsurance lapse.
CONTRACTOR FURTHER AGREES TO iNDEMNIFY THE OWNER FOR ANY AND ALLPENALTIES, FINES,JURY AWARDS, MEDIATION AWARDS, ARBITRATION AWARDS, COMMISSIONERS COURT AWARDS ORAGREEMENTS, COURT COSTS, LITIGATION EXPENSES, AND ATTORNEYS' FEES INCURRED BY THEOWNER AS A RESULT OF THE CONTRACTOR'S FAILURE TO MAINTAIN THE REQUIRED INSURANCE ATALL TIMES DURING THE TERM OF THE CONTRACT. THE CONTRACTOR, AT ITS SOLE COST ANDEXPENSE, WITH COUNSEL OF THE OWNER'S CHOICE, SHALL DEFEND AND HOLD THE OWNERHARMLESS IN ANY CLAIM OR ACTION AGAINST THE OWNER THAT OCCURRED AS A DIRECT ORINDIRECT RESULT OF THE CONTRACTOR'S FAILURE TO MAINTAIN INSURANCE ATALLTIMES DURINGTHE TERM OF THE CONTRACT. WITHOUT WAIVING ANY RIGHTS, PRIVILEGES, OR IMMUNITIES ATLAWOR IN EQUITY, INCLUDING, BUT NOT LIMITED TO, SOVEREIGN IMMUNITY, THE OWNER SHALLCOOPERATE WITH AND MAY, IN ITS SOLE DISCRETION, MONITOR THE CONTRACTOR IN THE DEFENSEOF ANY SUCH CLAIM, ACTION, OR PROCEEDING AND SHALL, IF APPROPRIATE, MAKE ITS EMPLOYEESAVAILABLE AS THE CONTRACTOR MAY REASONABLY REQUEST WITH REGARD TO SUCH DEFENSE,SUBJECT TO REIMBURSEMENT BY THE CONTRACTOR OF ANY AND ALLCOSTS AND EXPENSESINCURRED BY THE OWNER IN COOPERATING IN SUCH DEFENSE. THE CONTRACTOR AGREES NOT TOSETTLE ANY CLAIM, ACTION, OR PROCEEDING WITHOUT THE OWNER'S WRITTEN CONSENT, WHICHSUCH CONSENT SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED BY THE OWNER. THECONTRACTOR FURTHER AGREES TO DEFEND AGAINST, ATITS SOLE COST AND EXPENSE, ATTHEELECTION OF THE OWNER, ANY AND ALLCLAIMS, DEMANDS, ACTIONS, OR SUITS FOR WHICHINDEMNIFICATION IS PROVIDED FOR HEREUNDER, PAYING SUCH COSTS TO THE OWNER AS THEYBECOME DUE.
Inthe event that the Contractor does not maintain any and all insurance as required by the Contract, the Contractorshall immediately cure such lapse at the Contractor's sole cost and expense, and pay the Owner in full for all costsand expenses incurred by the Owner under the Contract as a result of the Contractor's failure tomaintain insurance,including, but not limited to, any and all costs and reasonable attorney's fees relating to the Owner's efforts tocuresuch lapse ininsurance coverage. Such costs and attorney's fees, which shall not exceed One Thousand FiveHundred Dollars and No Cents ($1500.00), shall be automatically deducted from monies owed tothe Contractor bythe Owner under the Contract. If the monies owed tothe Contractor under the Contract are less than the amountrequired tocure the lapse incoverage, the Contractor shall pay such monies to the Owner upon written demand.Moreover, upon any lapse ofthe required insurance by the Contractor, the Owner shall immediately retain fivepercent (5%) ofthe total value of the Contract to cover the Owner's potential exposure to liability during the period ofsuch insurance lapse. The five percent (5%) retainage shall be immediately deducted from any monies due to theContractor by the Owner under the Contract and held by the Owner for a period ofsix (6) months from the date of thecure ofthe insurance lapse ora period of six (6) months from the date the Contract has tenminated, expired, orotherwise ended, whichever is later If no claims are received by or lawsuits filed against the Owner foranyaccidents orinjuries occurring during the lapse of insurance, the retainage shall be promptly returned totheContractor upon written request. Notwithstanding the foregoing, in the event aclaim is received by or lawsuit is filed
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against the Owner for an accident or injury occurring during the Contractor's insurance lapse, the Owner shall usethe retainage to defend, paycosts of defense, or settle anyand ali such claims, lawsuits, or judgments, with any andall amounts in excess of the retainageto be paid by the Contractor upon written demand bythe Owner.
D. Consultant agrees that, with respect to the above referenced insurance, all insurance contracts willcontain following required provisions:
1. Name Dallas County and its officers. employees and elected representatives as additionalinsured(s) (as the interest of each Insured may appear) as to all applicable coverage.
2. Provide for thirty (30\ days notice to the County for cancellation, non-renewal or materialchange which notice must be accompanied by a replacement Certificate of Insurance to maintainuninterrupted coverage with the same policy limits.
3. Provide for an endorsement that the "other insurance" Clause shall not apply to DallasCounty where County Is an additional insured on the policy.
4. Provide for notice to the County at the address shown below by registered mail.
5. Consultant agrees to waive subrogation against Dallas County, its officers and employeesfor Injuries, including death, property damage or any other loss.
6. All Insurance Coverage shall be on an occurrence basis unless specifically approved inwriting and executed by the County's Director and Risk Manager.
7. In addition to any other remedies County may have upon Consultant's failure to provideand maintain any insurance or policy endorsements to the extent and within the time hereinrequired, County shall have the right to order Consultant to stop work hereunder, and/or withholdany payrnentts) which become due to Consultant hereunder until Consultant demonstratescompliance with the requirements hereof. A stop work order given to Consultant by County inaccordance with this Article shall not constitute a Suspension of Work
8. It is agreed that Consultant's insurance shall be deemed primary with respect to anyInsurance or self insurance carried by County for liability arising out of operations under thisContract.
9. Consultant shall advise County in writing within 24 hours of any claim or demand againstCounty or Consultant known to Consultant related to or arising out of Consultant's activities underthis Contract.
10. The provisions of this section are solely for the benefit of the parties hereto and notintended to create or grant any rights, contractual or otherwise, to any other person or entity.
11. Approval, disapproval or failure to act by the County regarding any insurance supplied byConsultant shall not relieve Consultant of full responsibility or liability for damages and accidentsas set forth herein. Neither shall bankruptcy, insolvency or denial of liability by any insurancecompany exonerate the Consultant from liability.
12. Acceptance of the final products by County shall not constitute nor be deemed a releaseof the responsibility and liability of Consultant, its employees, associates, agents orsubcontractors for the accuracy and competency of their work; nor shall such acceptance bedeemed an assumption of responsibility or liability by County for any defect in the work productsprepared by said Consultant, Its employees, subcontractors, and agents.
13. Standard of Care: Services provided by Consultant under this Contract will be performedIn a manner consistent with that degree of care and skill ordinarily exercised by members of thesame profession currently practicing under similar circumstances.
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14. Nothing herein contained shall be construed as limiting in any way the extent to whichConsultant may be held responsible for payments of damages to persons or property resultingfrom Consultant's or its subcontractors' performance of the work covered under this Contract.
ARTICLE IX: INDEMNIFICATION:
Consultant, to the fullest extent allowed by law, agrees to indemnify and hold harmless theCounty of Dallas, the County's elected officials, employees, agents and representatives,(hereinafter referred to as "Indemnitees") against all claims, demands, actions, suits, losses,damages, ltabillties, cost and/or expense of every kind and nature (including, but not limited tocourt cost, litigation expense and attorneys fees), paying same as they accrue, and all recoverableinterest thereon, incurred by or sought to be imposed on lndemnitees because of Injury (Includingdeath) or damage to property (whether real, personal or Inchoate), arising out of or caused by anyact, error, or omission of consultant, any agent, officer, director, representative, employee,consultant or subcontractor of consultant, and their respective officers, agents, employees,directors and representatives while In the exercise of or performance of the rights or duties underthis Contract or in any way related (Whether directly or indirectly, causally or otherwise) to theperformance of, attempted performance of, or failure to perform, operation or work under thisContract, except to the extent such liability, damage, fine or expense is the result of negligent actsor omissions of the County, its officers or employees. IN THE EVENT CONSULTANT ANDCOUNTY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITYSHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATEOF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TOCOUNTY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDERTEXAS LAW.
ARTICLE X. DOCUMENTS:
A. All Consultant's work product under this contract including, but not limited to, tracings,drawings, estimates, specifications, investigations, studies and other documents, completedor partially completed, shall be the property of County to be used as County desires, withoutrestriction.
B. Reports, drawings and specifications prepared by Consultant as instruments of service arenot to be used on other projects or extensions to this Contract except by written agreementand with appropriate compensation to Consultant.
C. Documents are to be stamped and sealed by a Professional Engineer (P.E.).
D. Upon completion of the construction of the project, Consultant shall prepare, and within thirty(30) calendar days following final inspection, deliver to County the reproducible RecordDrawings, Record Specifications, and AutoCAD and word processing diskettes and/or CD's.
E. Consultant shall maintain, for a minimum of four (4) years from the termination date of thiscontract all items listed in this section, with full and immediate access allowed to authorizedrepresentatives of the County, immediately upon request, for any purpose. County or itsauthorized representative, shall have the right to make copies of any and all documents,books, backup documents, or other designs and work product under this contract including,but not limited to, tracings, drawings, estimates, specifications, investigations, studies andother documents, completed or partially completed or supporting or utilized to produce suchitems at County's cost.
ARtTICLE xt: TERMINATION OF CONTRACT:
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A. County Termination
1. If in the sole determination of County the Consultant has failed to comply with any ofthe terms, conditions, covenants, warranties or provisions of this contract County shall givewritten notice of such failure to Consultant. Consultant shall fully comply with all items within thirty(30) calendar days of the date of such notice. in the event that Consultant shall, in the soledetermination of County, fail to cure each and every item within the thirty (30) day period, Countyshall have the right to immediately terminate this contract. The thirty (30) calendar day periods inthis paragraph shall be reduced to ten (10) calendar days within the last sixty (60) calendar dayperiod of the initial term or any extension there to.
Z. County may immediately terminate this contract due to insufficient funding,
3. County may terminate this Contract without cause upon seven (7) days notice.
B. Consultant Termination
If in the sole determination of Consultant the County has failed to comply with any of the terms,conditions, covenants, warranties or provisions of this contract, the Consultant shall give writtennotice of such failure to County. In the event that County fails to cure each and every item withina thirty (30) day period, Consultant shall have the right to terminate this agreement upon thirty(30) days notice to the County,
C. In the event of termination by the County, Consultant shall cease all work upon receipt ofnotice of termination. Consultant shall invoice County for all work satisfactorily completed andshall be compensated in accordance with the terms of this Contract for all work accomplishedprior to the receipt of notice of termination. No amount shall be due for lost or anticipated profits.All plans and other data, and work related to the Project shall become the property of County inaccordance with Article X, "Ownership of Documents", upon the termination of this Contract, andshall be promptly delivered to County in a reasonably organized form without restriction on futureuse. Should County subsequently contract with a new Consultant for continuation of services onthe Project, Consultant shall cooperate in providing information and shall be released or savedharmless from any acts of negligence of others in use of said data,
D, If the termination of this Contract is due to the failure of the Consultant to fulfill itsobligations:
1. The County may take over the project and prosecute the work to completion by contract orotherwise. In such case, the Consultant shall be liable to the County for all costs, direct andindirect, and all fees the County may incur for completion of the work to satisfaction ofCounty, and
2. The cost to the County of employing another firm to complete the required work, the timerequired to do so and other factors which affect the value to the County of the workperformed to the date of default may, at the sole discretion of the County, be offset and acredit be given against the amount of compensation, if any, to be paid to Consultant.
E, Nothing contained in this Article XI shall regulre County to pay for any work which isunsatisfactory as determined by Assistant Director of Engineering and Project Management ordesignee or which is not submitted in compliance with the terms of this Contract. County shallnot be required to make any payments to Consultant when Consultant is in default under thisContract, nor shall this Article constitute a waiver of any right, in law or in equity, which Countymay have if Consultant is in default, including the right to bring legal action for damages. Defaultshall include, but not be limited to, the failure to complete Consultant's work in a mannersatisfactory to the County.
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F. At the termination of the Contract, Consultant shall furnish to County within ten (10) days oftermination a listing of any subconsultants, all project records pertaining to outstandingobligations, or other records or information required by the Contract or requested in writing byCounty in either printed or electronic format or both. Consultant agrees to furnish suchinformation in an electronic form that is compatible with the County's computer system and/or thecomputer system of any subsequent vendor or contractor of County selected for continuation ofthe services. Consultant agrees to cooperate with any subsequent vendor or contractor of Countyand to use its best efforts to insure a transition of services without interruption or degradation ofservice. This provision will survive the termination of this Contract and shall be a continuingobligation until the transition of services is complete. All items listed or required In this provisionshall be furnished by Consultant to County without additional cost or expense to County.
ARTICLE XII: TIME OF THE ESSENCE:
Consultant understands and agrees that time is of the essence and that any failure of theConsultant to complete the Services of this Contract within the agreed Project Schedule shallconstitute material breach of this Contract. The Consultant shall be fully responsible for anydelay or for failures to use diligent effort in accordance with the terms of the Contract byConsultant, its consultants or subconsultants, or other parties employed by Consultant. Wheredamage is caused to the County due to the Consultant's failure to perform in thesecircumstances, the County may withhold, to the extent of such damage, Consultant's paymentshereunder without waiver of any of the County's additional legal rights or remedies. Neither theCo nor the County will be responsible for delays associated with review periods by the Countyand/or a participating city(ies) in excess of the agreed Project Schedule.
ARTICLE XIII: SUSPENSION
A. Should the County desire to suspend the work but not terminate the Contract, the Countywill issue a written order to stop work setting out the terms of the suspension. The Consultant will stop allwork and cease to incur costs during the term of the suspension.
B. The Consultant will resume work when notified to do so by the County in a writtenauthorization to proceed. Suspension of work does not automatically extend the date of performance forthe Contract period. If additional time is required to complete the work because of the suspension, amutually agreed Contract amendment will be executed in accordance with Article XXIV (Amendments).
C. If Consultant is delayed by the County due to a suspension of work, or otherwise, theConsultant's sole and exclusive remedy for delay shall be the right to a time extension for completion ofthe Contract and not damages.
ARTICLE XIV: NONDISCRIMINATION.
As a condition of this Contract, Consultant will take all necessary action to Insure that, In connection withany work under this Contract, it will not discriminate in the treatment or employment of any Individual orgroups of Individuals on the grounds of race, color, religion, national origin, age, sex or physical handicapunrelated to job performance, either directly, indirectly or through contractual or other arrangements.
ARTICLE XV: VENUE, GOVERNING LAW AND SOVEREIGN IMMUNITY
If legal action is necessary by either Party with respect to the enforcement of any or all of the terms orconditions herein, exclusive venue for same shall lie In Dallas County, Texas. Notwithstanding anyprovisions contained in this agreement and any supplemental amendment to the contrary, this Contractshall be governed by and construed In accordance with the laws and court decisions of the State of Texasand is expressly subject to Dallas County's Sovereign Immunity and Title 5 of the Texas Practice and CivilRemedies Code. The parties expressly agree that no provision of this Contract Is In any way intended toconstitute a waiver of any immunities from suit or from liability that the County has by operation of law.
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ARTICLE XVI: NOTICE TO PARTIES
All notices and correspondence to County by Consultant shall be mailed or deiivered as follows:
Dallas County Engineering and Project ManagementAbbas A Kaka, P.E.George L. Allen Sr. Courts Building, gth Fioor, Suite gOO600 Commerce StreetDallas, Texas 75202
All notices and correspondence to Consultant by County shall be mailed or delivered as follows:
ARTICLE XVII: TERM
This Contract becomes effective when fully executed by both parties (hereinafter, called the "EFFECTIVEDATE"), and shall expire twelve (12) calendar months from the Effective Date hereinafter called the"TERMINATION DATE"), unless termination occurs as otherwise provided. The Consultant will not beginwork or incur Costs until authorized in writing by the County to proceed with the work, as more fully setforth herein.
County, in its sole discression, shall have the right, but not the obligation, to renew this contract on a yearto year basis for up to four (4) years from the TERMINATION DATE provided that Consultant shall agreein writing to continue such contract at the same prices and conditions as contained herein.
ARTICLE XVIII: FINANCIAL INTEREST PROHIBITED: CONFIDENTIALITY
A. Consultant covenants and represents that Consultant, its officers, employees, agents,consultants, and subcontractors will have no financial interest, direct or indirect, in thepurchase or sale of any product, materials or equipment that will be recommended orrequired for the construction of the Project
B. Consultant understands that no officer or employee of County shall have any financiaiinterest, direct or indirect, in any contract with County, or be financially interested, directly orindirectly, in the sale to County of any land, materials, supplies, or services, except on behalfof County as an officer or employee. Any violation of this prohibition, with the expressknowledge of the person or corporation contracting with County shall render the Contractinvolved voidable by the Commissioners Court.
C. Consultant's reports. evaluations. designs. drawings, data and all other documentationand work developed by Consultant's hereunder shall not be disclosed to any third partieswithout the prior written approval of Director.
ARTICLE XIX: REPORT
A. The Consultant shall promptly advise the County in writing of events that may havesignificant impact upon the Contract, including but not limited to:
1. Problems, delays or adverse conditions that will materially affect the ability to meettime schedules or goals or preclude the attainment of project work units by established
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time periods. A statement of any action taken, or contemplated shall accompany thisdisclosure, and any County assistance needed to resolve the situation.
2. Favorable developments or events which enable the Consultant to meet timeschedules and goals sooner than anticipated or to produce more work units than originallyprojected.
B. The Consultant shall coordinate all work with the Assistant Director of Engineering andProject Management or with such other person as may be designated by him in writing.
C. The Consultant shall report progress on work undertaken to the designated Dallas CountypOint-of-contact at not greater than monthly intervals.
ARTICLE XX: CONSULTANT RESOURCES
The Consultant warrants that the Consultant and each subconsultant, has adequate qualified personnel Inits employment and all required transportation, equipment, materials, supplies and any and all othergoods and services for performance of services required under this Contract, or will be able to obtainsuch personnel, transportation, equipment, materials, supplies and any and all other goods and servicesfrom sources other than the County. Unless otherwise specified, the Consultant for the compensationreceived shall furnish all personnel, transportation, equipment, materials, supplies and any and all othergoods and services required to perform the work authorized herein at its sole cost and expense. Allemployees of the Consultant or of any subcontractor shall have all required licenses, knowledge andexperience as will enable them to perform the duties assigned to them. Consultant contracts and agreesthat any employee of the Consultant or any subcontractor who, in the opinion of the County, isincompetent or whose conduct becomes detrimental to the work or whose conduct reflects adversely onthe County shall immediately be removed from association with the project.
ARTICLE XXI: TRANSFERS. ASSIGNMENTS AND SUBCONTRACTS
A. The Consultant shall not subcontract, sell, assign, pledge, or otherwise transfer any portionof the work authorized by the County without prior approval in writing by the County. Anyattempt to assign, transfer, pledge, conveyor otherwise dispose of any part of or all ofConsultant's rights, title, interests or duties under this Contract without the written approval ofCounty is void and shall confer no rights upon any third party. Violation of this provision shallconstitute a material breach of this Contract and may be grounds for termination at the solediscretion of County. Under no circumstances shall the Consultant subcontract more thanfifty percent (50%) of this CONTRACT.
B. Subcontractors shall comply with the provisions of this CONTRACT. No subcontract willrelieve the Consultant of its responsibility under this CONTRACT.
ARTICLE XXII: SUCCESSORS AND ASSIGNS
A. The County and the Consultant each binds itself, its successors, executors,administrators, assigns and subcontractors in respect to all covenants of thisCONTRACT.
B. The content and assurances of Articles VIII and IX shall survive and remain in effect afterthe completion or termination of the consultant services provided for herein and shall bindand benefit the respective parties and their legal successors and assigns.
ARTICLE XXIll: INCORPORATED DOCUMENTS AND ORDER OF PRECEDENCE
The following documents are incorporated herein as if reproduced herein word for word:
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A. Consultant's submission of Dalias County Solicitation 2010-NNN-NNNN and Consultantsresponse thereto.
B. Dallas County Unified Policy for Selection of ArchitecliEngineers as set forth inCommissioners Court Order No. 92-393.
In the event of any inconsistency between the provisions of this Contract, the inconsistency shall beresoived by giving precedence in the following order: (1); this CONTRACT; (2) the Scope of Services (3)County's Request for Qualifications and Consultants Response thereto, and (4) County Unified Policy forSelection of ArchltecliEngineers.
ARTICLE XXIV: AMENDMENTS
A. Modification - Either the Consultant or the County may initiate a wrillen request for aContract Modification when, In the opinion of the requesting party, the needs and conditionsof the project warrant a modification. Upon receipt of a request by either party, the Consultantand the County shall review the conditions associated with the request and determine thenecessity of a modification. If Engineering and Project Management both parties agree that amodification is warranted the Consultant and the County shall negotiate the specificmodification(s) and any changes in the Cost, total not-to-exceed amount for the contract, unitprices for any item not previously agreed upon or completion dates resulting from themodification.
B FeelTime Increases - Any other provision of this CONTRACT notwithstanding, it is specificaliyunderstood and agreed that the Consultant shalt not be authorized to undertake any servicespursuant to this CONTRACT, or any modification to the CONTRACT or amendment heretorequiring the payment of any amount in excess of Cost stipulated herein, requiring orextension of time of completion without first obtaining specific authorization from the County inthe form of a formal order of the Dallas County Commissioners Court authorizing aModification and a wrillen authorization to proceed from the Dalias County Department ofEngineering and Project Management.
C. Approval of a modification shali be in the form of a written Modification that clearly definesthe changes to the previously approved provision of this CONTRACT. Said wrillenmodification shali be approved by the Consultant, authorized by the Dalias CountyCommissioners Court by a formal order and a written notice to proceed wili be issued by theDallas County Department of Engineering and Project Management.
ARTICLE XXV: COMPLIANCE WITH LAWS
The Consultant shall be familiar with and at ali times shall comply with all Federal, State and local laws,statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrativebodies or tribunals in any matter regarding elevators, elevator construction and/or maintenance orotherwise affecting the performance of this CONTRACT, including, without limitation, workers'compensation laws, minimum and maximum salary and wage statutes and regulations, licensing lawsand regulations, non-discrimination laws and regulations, and safety regulations. When required, theConsultant shall furnish the County satisfactory proof of compliance therewith.
ARTICLE XXVI: NON-COLLUSION
The Consultant warrants that it has not employed or retained any company or persons, other than bonafide employees working solely for the Consultant, to solicit or secure this CONTRACT and that it has notpaid or agreed to pay any company or person, other than a bona fide employee working solely for theConsultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingentupon or resulting from the award or making of this CONTRACT. For breach or violation of this warranty,
- 14 -
73
the County shall have the right to annul this CONTRACT without liability or to deduct, at its discretion,from the CONTRACT price or compensation, or otherwise recover, the full amount of such fee,commission, percentage, brokerage fee, gift or contingent fee.
ARTICLE XXVII: SIGNATORY WARRANTY
The undersigned signatory for the Consultant hereby represents and warrants that he or she is an officerof the organization for which he or she has executed this CONTRACT and that he or she has fuil andcomplete authority to enter into this CONTRACT on behalf of the firm and that the execution thereof is theact of the Consultant and has been delivered and, subsequent to execution by County, constitutes alegal, valid and binding obligation of the Consultant, its successors and assigns and shall inure to thebenefit of the executing parties and their respective heirs, personal representatives, successors andassigns.
ARTICLE XXVIII: MISCELLANEOUS GENERAL PROVISIONS
A. Entire Agreement. This CONTRACT, including all exhibits and addendum, constitutes theentire agreement between the parties hereto and may not be modified except by aninstrument in writing executed by the parties as herein provided.
B. Severability. If any provision of this CONTRACT shall be held invalid, void or unenforceable,the remaining provisions hereof shall not be affected or impaired, and such remainingprovisions shall remain in full force and effect.
C. DefaultlWaiver/Mitigatlon. It is not a waiver of default if the non-defaulting party fails todeclare immediately a default or delays in taking any action. Pursuit of any remedies setforth in this CONTRACT does not preclude pursuit of other remedies in this CONTRACT orprovided by law. Consultant shall have a duty to mitigate damages.
D. Federal Or State of Texas Funding. In the event that any Project or part thereof is funded byState of Texas or U. S. Government federal funding and any statute, rule, regulation, grant,contract provision or other State of Texas or U. S. Government law, rule, regulation or otherprovision imposes additional or greater requirement(s) than stated herein, Consultant agreesto timely comply therewith without additional cost or expense to County.
E. Headings. The titles which are used following the number of each paragraph are only forconvenience in locating various provisions of this CONTRACT and shall not be deemed toaffect the interpretation or construction of such provision.
F. Number and Gender. Words of any gender used in this CONTRACT shall be held andconstrued to include any other gender; and words in the singular shall include the plural andvice versa, unless the text clearly requires otherwise.
G. Counterparts. This Contract may be executed in multiple counterparts, each of which shallbe deemed an original, but all of which shall constitute one and the same instrument.
H. Funding. Notwithstanding any provisions contained herein, this CONTRACT is expresslycontingent upon the availability of funding for each item and obligation contained herein forthe term of the Contract and any extension thereto. Consultant shall have no right of actionagainst the County of Dallas in the event that the County of Dallas Is unable to fulfill itsobligations under this CONTRACT as a result of lack of sufficient funding for any item orobligation from any source utilized to fund this CONTRACT or failure to budget or authorizefunding for this CONTRACT during the current or future fiscal years. In the event that Countyof Dallas is unable to fulfill its obligations under this CONTRACT as a result of lack ofsufficient funding or if funds become unavailable, County of Dallas, at its sole discretion, may,provide funds from a separate source or terminate this CONTRACT.
- 15 -
74
IN WITNESS WHEREOF, THE COUNTY OF DALLAS has this Contract to be signed by its CountyJudge, duly authorized to execute the same in its behalf by Court Order No. _Approved by the Commissioners Court on and _signing by and through its duly authorized representative, thereby binding the parties hereto, theirsuccessors, assigns and representatives for the faithful and fuil performance of the terms and provisionsof the Contract.
DALLAS COUNTY: CONSULTANT:
By: Jim Foster, County JUdge By:Title:
Approved as to Form:
By: Bob Schell, Chief, Civil DivisionDallas County District Attorney's Office
"By law, the Dallas County District Attorney's Office may only advise or approve contracts or legaldocuments on behalf of its clients. It may not advise or approve a contract or legal document on behalf of otherparties. OUf review of this document was conducted solely from the legal perspective of OUf client. OUf approval ofthis document was offered solely for the benefit of our client. Other parties should not rely on this approval, andshould seek reviewand approval by their own respective allomey(s) .
• 16 .
75
DALLAS COUNTYMIWBE SPECIFICATIONS
Leffie T. Crawford, Minority Business OfficerMinority & Women Business Enterprises
76
MINORITYIWOMAN BUSINESS SPECIFICATIONS
For Bids/RFPs
I. POLICY STATEMENT Dallas County is wholly committed to developing, establishing, maintaining, and enhancing minority involvement in thetotal procurement process, It is the policy of Dallas County to involve qualified minority/women-owned businesses to thegreatest extent feasible intheCounty's procurement of goods, equipment, services, and construction projects. The County, itscontractors, their suppliers and subcontractors,and vendors of goods, equipment services, and professional services shall not discriminate on the basis of race, color, religion, nationai origin,handicap, or sex in the award and/or performance of contracts. However, competilion and quality of work remains the ultimate "yardstick" incontractor, subcontractor, vendor, service, professional service, and supplier utilization. All vendors, suppliers, professionals, and contractors doingbusiness or anticipating doing business with Dallas County shall support, encourage, and implement affirmative steps toward our common goal ofestablishing equal opportunity forallcitizens ofDallas County.
II. REQUIREMENT OF ALL BIDDERS/PROPOSERS: Each firm responding to this solicitation shall be required to submit with their bidlproposaiinformation regarding minoritylwomen business participation inthis project. This wouid include:
Check upon completion (forms attached):
C 1.Compliance with Dalias County's Good Faith Effort Policy
[J 2. MBEIWBE Participation Report Form
[J 3.A Letter ofAssurance A orLetter ofAssurance B
[J 4. MBEIWBE Identification
C 5. EEO-1 Form (To be submitted bytheprime and any sub with 20% ormore of thecontract).
[J 6. Dallas County MIWBE Payment Report.
NoteIn the event that the awarded vendor is au/horized to subcontract andcommits effort to utilize minority and/or women-ownedbusinesses as subcontractors, the name, address and telephone number of the actuat subcontractor(s) with actual dollarawards to these subcontractors must be submiffed to the Purchasing Department within five (5) working days afferbids areopened. Once work commences, the awarded vendor (prime contractor) must submit an MlWBE subcontractor statuspayment report (affached) with each payment invoice before payments willbeauthorized forrelease.
77
1.GOOD FAITH EFFORT
Prior to an award, all bidders/proposers witl be required to document a "Good Faith Effort" to secure minority/women-owned businesses assubcontractors/subconsultants. In the case of some construction projects, this documentation may be submitted affer award of the contract, forthose subcontract areas occurring later in the construction process. However, if the successful bidder/proposer does notdocument a "Good FaithEffort" in securing minority/women-owned businesses, a representative ofthe company must appear before the Dallas County Commissioners Courtand explain the situation and answer any questions raised bythe Court.
Fulfltlment of the "good faith effort" can be accomplished by:
1. Attendance ofpre-bid/pre-proposal conterence, as scheduled by the County.
2. Efforts to follow-up initial solicitation of interest by contacting minority/women-owned firms to determine with certainty whetherthese firms are interested.
3. Efforts made to select portions of the work proposed to be performed by minority/women-owned firms in order to increase thelikelihood of achieving participation (including, where appropriate, breakdown of subcontracts into economically feasible units tofacilitate participation).
4. Documenting each minority/woman-owned finm contacted, the conclusion or decision regarding inclusion and reasons for theconclusions.
5. Efforts to assist the minority/women-owned firms contacted that needed assistance in obtaining bonding, lines of credit orinsurance.
6. Efforts that demonstrate that the contractor effectively used the services of available community organizations, contractor'sgroups, local, state and federal agencies, small businesses, minority/women business assistance offices and other organizationsthat provide assistance and placement of minority/woman-owned businesses.
Signed: _
Printed Name: _
Title:
Oate: _
PROJECT NUMBER
2. MBEIWBE PARTICIPATION REPORT
PROJECT TITLE
TotalAmount of YourBid/Proposal $':-;---,---:----cc--:c:-,-:-(The amount above should equat thetotat amount asshown on thebid sheet)
List each MBEfWBE business that you plan to use on this initiative. Deletion of firms mustbe approved by Dallas Countypriorto finalization.
Name of MBEIWBE NCTRCA' Certification # Phone # S / M" Description of Work Amount ~
'North Central Texas Regional Certiftcation Agency • "s = Sub(contractor/consultant) "M= Material Supplier
[] No MBEIWBE's Added: Please expram: _
COMPLETE THIS PORTION OFTHE FORM WITH DATA ON YOUR COMPANY.
~
OJ
NAME OF YOUR BUSINESS:
Printed Name OfPreparer
ADDRESS:
Signature Title
PHONE#
( )
Date
793. LETTERS OF ASSURANCE..........................................- -........... . " ,.
letter OfAssurance "A"
,
'(COmPiete this section only if you're planning to use the servicesof anNCTRCA certifiedvendor)
,
ij
i:cN-am-e-of:cC~o-m-p-a-ny------- Signature Title (Officerof firm) Dale ,,
...................... mm.'
Letter OfAssurance "8"
Theundersigned bidder/proposer hereby certifies thatourfimn will perform thecontract:
J with ourown work forces, and submit information sufficient todemonstrate that it is your normal business practice todoSQ.
or
[J without theservices of MIWBE subcontractors/subconsultants. The undersigned further submits GFE documented attempus).
Name of Company Signature Title (Officerof firm) Date
this sectiononly If you're not planningto useIhe services of anNCTRCA certifiedvendor)
NOTE: Each bidder/proposer will be required to sign one of theabove ietters of assurance whichshould be returnedwithproposal.============================================================================
------------------------------------------------------------------------------4. PRIME CONTRACTOR MBEIWBE IDENTIFICATION
:Minority Business Enterprise (MBE) - Thebidder/proposer represents that it:,,:cis, c isnotaminority-owned business, NCTRCA" # _
,:Woman Business Enterprise (WBE) - Thebidder/proposer represents that it:,:Cis, [J isnot a woman-owned business, NCTRCA' # _,,,:"NCTRCA =North Cenlral Texas RegionalCertificationAgency
- - - - - --- - - -- -- - - - -- -- - - -- --- - - -- - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - -- - - - - - - - ---
80
ELEVATOR CONSULTANT SERVICES CONTRACT
THE STATE Of TEXAS §COUNTY Of DALLAS §
with offices located at. _
KNOW All MEN BY THESE PRESENTS, this Contract is made and entered into as of theday of ,2010, and for the period of
7:th-ro-u-g:-:h--- , by and between the C;:;O=U;;-N;:;T;:;Y~O=f-;:D~A;-;L--;L--'A;-;S;;-;;(h-e-re--;i-na--'ft:::-e-rreferred to as "County") acting by and through the Commissioners Court of Dallas County, Texas and-:;-::=--;---;-:-:7-::7---------------- (hereinafter referred to as "Consultant")
WITNESSETH:
WHEREAS, County intends to contract for professional elevator consultant services for one year, with theoption to extend on a year to year basis for up to four (4) additional years, providing both parties concur;and
WHEREAS, the County requested Statements of Qualifications for Professional Elevator ConsultantServices from professional elevator consultant firms through SOO No. 2010-NNN-NNNN; and
WHEREAS, the County has determined that Consultant is highest qualified provider of elevatorconsultant services; and
WHEREAS, County and Consultant have agreed upon the fair and reasonable negotiated price per unitof work to be accomplished; and
NOW, THEREFORE, County and Consultant, in consideration of the terms, covenants and conditionsherein contained do hereby agree and contract as follows:
ARTICLE I: BASIC SERVICES TO BE PERFORMED:
I. Part 1 - Consultant Services
Consultant agrees to furnish the following elevator consultant services for ali Countyelevators/escalators as requested:
1. Monitor the maintenance program for all 128 elevators and escalators or as currentstatus changes.
2 Monitor/inspect the work performed by the elevator/escalator maintenance contractor.
3 Monitor/evaluate the state mandated inspections/reports/repairs for all elevator andescalators.
4. Evaluate the overall performance of the maintenance contractor.
Perform additional elevator consultant services as required by County.
6 Consultant shall respond within twenty-four (24) hours to any telephone and/or e-mailcommunication from the County's contract representative related to the County'selevators and escalators
- 1 -
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82
DEFINITIONS
Race and ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions ofanthropological origins, Definitions of the race and ethnicity·categories are 85 follows:
Hispanic or Latino - A person of Cuban, Mexican, Puerto Rican, South or Oentral American, or other Spanish culture or originregardless of race.
White (Not Hispanic or Latino) • A person having origins in any of the original peoples of Europe, the Middle East. or North Africa,
Slack or African American (Not Hispanic or Lattno] . Aperson having origins in any of the black racial groups of Africa.
Native Hawaiian or Other Pacific: Islander (Not Hispanic or Latino) - A person having origins in any of the peoples of Hawaii,Guam, Samoa, or other Pacific islands.
Asian (Not Hispanic or Latino) - A person having origins in any of the original peoples of the Far East. Southeast Asia, Of the indianSubcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine islands, Thailand, andVietnam.
American Indian or Alaska Native {Not Hispanic or Latino) - A person having origins in any of the original peoples of North andSouth America (including Central America), and who maintain tribal affiliation or community attachment.
Two or More Races (Not Hispanic or Latino) ~ All persons who identify with more than one of the above five races,
Instructions for assigning employees into the race/ethniccategories:
Hispanic or Latino· Include all employees who answer YES to the question, Are you Hispanic or Latino. Report all Hispanic males inColumn A and Hispanic females in Column B.
White (Not Hispanic or Latino)· Include all employees who identify.as White males in Column C and as White females in Column I
Slack or African American (Not Hispanic or Lattno]. Include all employees who identify as Black males In Column D and as Blackfemales in Column J.
Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) w Include all employees who idenlity as Native Hawaiian orOther Pacific Islander males in Column E and as Native Hawaiian or Other Pacific Islander females in Column K
Asian (Not Hispanic or Latino) w Include all employees who identify as Asian males in Column F and as Asian females in Column L.
American Indian or Alaska Native (Not Hispanic or Latino) ~ Include all employees who identify as American Indian or AlaskaNative males in Column G andes American Indian or Alaska Native females in Column M.
Two or More Races (Not Hispanic or Latino) - Report all male employees who identify with more than one of the above five races inColumn H and all female employees who identify with more than one of the above five races in Column N.
As to the method of collecting data, the basic principles for ethnic and racial self~identjflcation for purposes of the EEO-1 report are:
(1) Offer employees the opportunity to self- identify
(2) Provide a statement about the voluntary nature ofthisinqulryfor employees. For example, language such as the following may beused (employers may adapt this language):
"Theemployer is subject to certain governmental recordkeeplng and reporting requirements for-the administration of civil rights lawsand regulations. In order to comply with these laws, the employer invites employees to voluntarily self"identify their race or ethnicity.SUbmission of this information Is voluntary and relusalto provide It will not subject you to any adverse treatment The Informationobtained will be kepi confidential and may only be used In accordance with the provisions of applicable laws, executive orders, andregulations, including those that require the information to be summarized and reported to the federal government for civil rightsenforcement.When reported, data will n61 identify any specific individual."
. DESCRIPTION OF JOB CATEGORIES
The major job categories are listed below, including a brief description of the skills and training required for occupations in thatcategoryand examplesof the job titles that fit each category. The examples shown below are illustrative and not intended to beexhaustiveof aU job titles in a job category. These job categories are primarily based on the average skill level, knowledge, andresponsibility involved in each occupation wtlhin fhe [obcategory.
The Officials and Managers category as a Whole is to be divided into the following two subcategories: Executive/Senior Level Officialsand Managersand FirstIMld Level Officials and Managers. These SUbcategories are intended to mirror the employers own wenestablished hierarchyof management positions. Small employers who may not have two well-defined hierarchical steps ofmanagement should report their management employees in the appropriate categories.
Executive/Senior Level Officials and Managers. Individuals who plan, direct and formu'ate policies, set strategy and provide theoverall directionof enterprises/organizations for the development and delivery of products or services, within the parameters approved
83OJooaros or oirectors or otner govermng OOClI~S. KeslCllng !n me hlgnest levelS at organlz~tlons, tn,sse exeCutlve~ pl~n, oirect Ofcoordinate ecuvrttes with the support of subcrdmste executives and staff managers, They Include, In larger organIzations, thoseindividuals within two reporting levels of the CEO. whose responsibilities require frequenllnle,aclion with the CEO. Examples of thesekinds of managersare: chief executiveofficers. chief operating officers, chief financial officers, line of businessheads,presidents Of
executivevice presidents of functional areas or operating groups, chief informationofficers, chief human resources officers, chiefmarketing officers, ctiieflegal officers, management directors and managing partners.
First/Mid Level Officials and Managers. Individuals who serve as managers. other than those who serve as Executive/Senior LevelOfficials and Managers, including those who oversee and direct the delivery of products, services or functions at group, regional ordiYisionallevels of organizations. These managers receive direetionsfrom the Executive/Senior Level management and typically leadmajor business units; They implement policles, programs and directives of executive/senrcr management through subordinatemanagers and within the parameters set by Executive/Senior Level management Examples of these kinds of managers are: vicepresidents and directors, group, regional or divisional controllers; treasurers; human resources, information systems, marketing, andoperanons managers. The FfrstlMid Level Officials and Managers subcategory also includes those who report directly to middlemanagers. These individuals serve at functional, line of business segment or branch levels and are responsible for directing andexecuting theday~to-dayoperational objectives of enterpnseszorparnzations, conveying the directions of higher level offICialsandmanacers to SUbordinate personnel and, in some lnstances,dire.etly supervising the actlvitles of exempt and non-exempt personnelExamples of these kinds of managers are: ftrst~line managers; team managers; unit managers; operations and production mangers:branch managers: administrative services managers; purchasing and transportation managers; storage and distribution managers:call center or customer service managers: technical support managers: and brand or product mangers.
Professionals. Most Jobs in this category require bachelor and. graduate degrees, and/or professional certification. tn some instances,comparable experience may establish a persons qualifications, Examples of these kinds of positions include: accountants andauditors; airplane pilots and flight engineers; architects; artists; chemists: computer programmers; designers; dieticians; editors;engineers; lawyers: librarians; mathematical scientists; natural scientists; registered nurses; physical scientists: physicians andsurgeons; social scientists; teachers; and surveyors.
Technicians. Jobs in this category include activities that require applied scientific skills, usually obtained by post secondary educationof varying lengths. depending on the particular occupation, recognizing that in some instances additional training, certification, orcomparable experience is required. Examples of these types of positions include: drafters; emergency medical technicians; chemicaltechnicians; and broadcast and sound engineering.technicians.
Sales Workers. These jobs include ncn-managenat activities that wholly and primarily involve direct sales. Examples of these typesof positions include: advertising sales agents; insurance sales agents; real estate brokers and sales agents; Wholesale salesrepresentatives; securities, commodities, and financial services 58,Ie5 agents; tetemarketers: demonstrators: retail salespersons;counter and rental clerks; and cashiers.
Administrative Support Workers. These jobs involve nun-manaperial tasks providing administrative and support assistance,primarily in office settings. Examples of these types of positions include: office and administrative support workers; bookkeeping:accounting and auditing clerks; cargo and freight agents; dlspatchers: couriers; data entry keyers: computer operators; shipping,receiving and traffic clerks; word processors and typists; proofreaders; desktop publishers; and general office clerks.
Craft Workers(formerly Craft Workers (Skilled». Most jobs in this category includes higher skilled occupations in construction(bullding trades craft workers and their formal apprentices) and natural resource extraction workers. Examples of these types ofpositions include: boilermake·rs: brick and stone masons; carpenters;etectricians; painters (both construction and maintenance);·glaziers: pipelay.ers.plumbers, plpefitters and steamrittera, plasterers; roofers; elevator installers; earth driflers; derrick operators; oiland gas rotary drill operators; and blasters and explosive workers. This categorv also includes occupations related to the installation.maintenance and part replacement of equipment, machines and tOOlS, such as: automotive mechanics; aircraft mechanics: andelectric and electronic equipment repairers. This category also includes some production occupations that are distinguished by thehigh degree of skill and precision required to perform them, based on clearly defined task specifications, such as: millwrights· etchersand engravers; tool and die makers; and pattern makers. '
Opqraiives (formerly Operatives (Serni-skluedj). Most jobs in this category include intermedlate skilled occupations and includeworkers who operate machines or factory-related processing equipment. Most or these occupations do no! usually require more thanseveral months of training. Examples include: textile machine workers; laundry and dry cleaning workers; photographic processworkers; weaving machine operators; electrical and electronic equlpment assemblers: semiconductor processors: testers, gradersand sorters; bakers; and butchers and other meat, poultry and fish processing workers. This category also includes occupations ofgenerally intermediate skill levels that are concerned withoperating.,and controlling equipment to facilitate the movement of people ormaterials, such as: bridge and lock tenders: truck, bus or taxi drivers; industrial truck and tractor (forklift) operators; parking lotattendants: sailors: conveyor operators; and hand packers and packagers.
Laborers and Helpers(formerly Laborers (Unskilled». Jobs in this category include workers with more limited skills who require onlybrleftraining to perform tasks that require tittle or nc Jndependent.judqment, Examples inchsde: production and construction workerhelpers; vehicle and equipment cleaners: laborers; freight, stock and material movers; service station attendants; Constructionlaborers; refuse and recyclable materials collectors; septic tank servtcers. and sewer pipe cleaners.
Service Worker.s. Jobs in this category include food service, cleaning service, personal service. and protective service activities, Skillmay be acquired through·fonnal training. job-related training or direct experience. Examples of food service positions include: cocks;bartenders;arid other food service workers. Examples of personat servloe positions include: medical assistants and other healthcaresupport positions; hairdressers; ushers; and traneportatlon attendants. Examples of cleaning service positions include: cleaners;janitors; and porters. Examples of protective service positions include: transit and railroad police and fire fighters; guards; privatedetectives and Investigators.
Project Number
PrimeiGeneral Contractor:
Project Title
6. DALLAS COUNTY MBEIWBE PAYMENT REPORT
Invoice # Work Order Date Job #
List each MBEIWBE business that you plan touse on this initiative. Deletion of firmsmustbeapproved by Dallas County prior to finalization.
Name of MBEIWBE Planned Amount Planned % Amount of invoice AmtPaid to Date % to Date
())
~
Note:This formmustbecompleted andsubmitted with each payment request.
Any (significant) deviation from planned shouldinclude at/ached explanation=============================================================================================================================================================
The information listedabove is cerlified to becOffect: Reviewed by:
Printed Name of Officer/Director Signature of Officer/Director Date Dallas County ProjectManager Date
85
DALLAS COUNTYCOM~1iSSiONERS COURT
10 APR 36 AM 3: 05
May 5, 2010
MEMORANDUM
TO: Commissioners Court
THROUGH: Commissioner John WileyPrice, Road and Bridge DistrictNo.3
FROM: Donald R Holzwarth, P.E.,Director ofPublic Works
SUBJECT: HARRY HINES AT OAK LAWN RAMP IMPROVEMENTSMCIP PROJECT 30211AAward of Construction Contract
BACKGROUND
On October 30, 2007, Dallas County Commissioners Court approved participation inTransportation Major Capital Improvement Projects by Court Order 2007-2206 with a list ofproposed accepted projects attached to the Court Order, further identified as Revision #11. AMASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITALlMPROVEMENT PROJECTS was executed by the City ofDallas and Dallas County pursuantto Court Order No. 2001-814 dated April 24, 2001 which authorized transportationimprovements on Harry Hines at Oak Lawn Ramp Improvements MCIP PROJECT NO.30211A in the City of Dallas, Dallas County, which is on the North Central Texas Council ofGovernment's Regional Thoroughfare Plan.
srRArEGIC PLAN COMPLIANCE
In seeking to provide regional mobility and improved air quality by partnering with Dallas Countycities to develop these important infrastructure improvements, Dallas County is remainingconsistent with the County's overall Strategic Plan; and in particular is directly fulfilling thefollowing vision statements:
Vision 1 Dallas County is a model interagency Partner
Vision 4 Dallas County proactively addresses critical regional issues
Vision 5 Dallas County is the destination ofchoice for residents and businesses.
86Commissioners CourtMay 5, 2010Page2
FINANCIAL IMPACTThe City and the County will split the cost of the project on a 50/50 basis. Bids were received onMarch 15, 2010, with four bidders responding to Bid No 2010-031-4934. PAEE Corporation, Inc.,was the apparent best responsible bidder with a bid of $867,01135 to be paid $433,505.68 fromMClP Fund 196, Project 8201 and the remainder to be reimbursed by the City ofDallas,($433,505.67)
MlWBE PARTICIPATION
Permission is requested of the Commissioners Court to allow staff to accept the fum's missingdocuments. Review of the minority participation by Minority Business Officer Leffie T. Crawford isattached.
RECOMMENDATION
It is recommended that the County Judge be authorized and directed to execute the constructioncontract with PAEE Corporation, Inc., for Harry Hines at Oak Lawn MClP 30211A in an amount of$867,01135 to be paid from current MClP Fund 196, Project 8201 and that the Minority BusinessOfficer is authorized to accept MlWBE documents filed after bid opening. IfCommissioners Court isin agreement, a court order will be placed on the next formal agenda for approval.
APPROVED BY:
AOlidS Attachment (MWBE eport)
Jen
87
DALLAS COUNTY
COMMISSIONERS COURTMillorityfWoman Business Office
MEMORANDUMDATE:
TO:
FROM:
SUBJECT:
April 5, 2010
Ali Malekouti, P. E.linda Boles, Assistant Purchasing Agent
Leffie T. CrawfordMinority Business Officer
MjWBE Review of "Harry Hines at Oak Lawn - Ramps Improvements"MClP 30211A, #2010-031-4934
The MjWBE evaluations for the subject bid are as follows:
Gibson & Associates. Inc. *The firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:
M/WBE FirmsAction ServicesLira ElectricT & R Excavation
Amount$15,536.35$46,906.00$71,658.85
°/01.67%5.04%7.70%
North Texas Bridge Co. *The firm reports that they will perform the required duties with existing staff, as well as withthe following certified firms:
M/WBE FirmsPremier PavingCleburne UtilitiesBrock ServicesAction Service
Amount$134,748.50$ 72,494.70$ 7,765.00$ 15,536.35
°/012.33%
6.64%.71%
1.42%
PAEE Corporation *PAEE Corporation is a minority-owned business. They report that they will perform therequired duties with existing staff, as well as with the following certified firm:
M/WBE FirmsPremier Paving, Ltd.Analytical Tech. ConsultantsAmerican Striping
Amount$135,083.00$ 37,568.00$ 29,362.00
°/015.58%
4.33%3.39%
509 Main Street, Suite 613, Dallas, Texas 75202 (214) 653-6018-0fc (214) 653-7449-Fax
88
Page 2
MjWBE Review of "Harry Hines at Oak Lawn - Ramps Improvements"MCIP 30211A, #2010-031-4934
Rebcon. Inc. *The firm reports that they will perform the required duties with existing staff, as weli as withthe following certified firm:
M/WBE firmsAction Services
Amount$15,536,35
°/01,74%
". Finn failed to complete all of the required A:VWBE documents, therefore the proposal does not comply with theCounty's Good Faith Effort Poliey.
cc: Commissioners Court (thru Darryl Martin)
MIWBE Bid Summary.__tfai!Y__ii1l1tisarQ~kL~~i'I=:riarn pSln1pro"-~l11en-t~~~clji __~02i=1.A .
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$134.10120
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~930-'.03:l.2Q. Acti~Services _Lira Electric
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Prime Bidder---,,,--'------,----,,,
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90
~ DALLAS COUNTY,Be' COMMISSIONERS COURT
i~II * ,)~) DALLAS COUNTY 10 APR 35 Arf 3: 2'1~~ OFFICE OF BUDGET AND EVALUATION~ OF ,,<0'
May 11,2010
TO:
THROUGH:
FROM:
SUBJECT:
Commissioners Court
Ry(i;mw" Budget Officer ,JCori Thomason, Budget & Policy Analysti-"
Sheriffs Office Request for Auto Allowance
BACKGROUNDThe Sheriffs Office has submitted a request (attached) for a newly promoted Detention ServiceCommander authorized a vehicle with take home privileges to receive an auto allowance ratherthan a vehicle. The purpose of this briefing is to provide Commissioners Court wi th arecommendation regarding this request.
IMPACT ON OPERATIONSAccording to County policy, "all Sheriffs Department staff officers, Detention ServiceCommanders and above, shall be assigned mid-sized vehicles." In addition, County policy states"based on specific business requirements, the Commissioners Court may authorize a position toreceive a monthly auto allowance." Currently, seventeen (17) Sheriffs Office employees receivea monthly auto allowance of $674.70 (one Executive Chief Deputy, two Chief Deputies, threeAssistant Chief Deputies, one Chief Financial Officer, one Director of Food Service, one DataManager and eight Captains).
The Sheriffs Office has submitted a request for a newly promoted Detention ServiceCommander that will be given a take home car per current policy to instead receive a monthlyauto allowance of $674.70 effective May 22, 2010. The Detention Service Commanderunderstands that if he receives an auto allowance, he will not be authorized to use Countyvehicles.
FINANCIAL IMPACT/CONSIDERATIONSIt costs the County an average of $675 per month for vehicle depreciation, fuel and automaintenance. Dallas County is self-insured and eliminating the potential liability of a vehicle hasa value to the County. In order to calculate this value, the Office of Budget and Evaluation haslooked at the average cost to insure the vehicle. The annual cost to insure a mid-size vehiclesimilar to a Ford Fusion is $984 annually ($82 per month). The average monthly cost for DallasCounty to provide a vehicle is $9,084 annually ($757 per month).
411 ElmStreet - ydFloor, Dallas, Texas 75202-3340(214) 653-6655 . (214) 653-6517 . [email protected]
91
The annual cost for the auto allowance would be $8,096. Funds currently in the Sheriff s Officebudget would be transferred from fuel and auto maintenance to auto allowance.
STRATEGIC PLAN COMPLIANCERecommendations in this briefing are consistent with Dallas County's Strategic Plan, Vision I:Dallas County is a model interagency partner by accessing and streamlining County resourcesfor efficiency and operation.
RECOMMENDATIONThe Office of Budget and Evaluation recommends that Commissioners Court approve theSheriff's Office request to provide the newly promoted Detention Service Commander an autoallowance effective May 22, 2010.
Sherrtts Otnce Request tor Auto Allowance92
Sheriff's Office Request for Auto Allowance
Marlin Suell
Sent: Tuesday, May 04, 2010 9:16 AM
To: Carl Thomason
Cc: Ryan Brown; Lupe Valdez; Jesse Flores; Donald Pressnell
Cori,
Page 1 of 1
Donald Pressnell was promoted to Civilian Captain on April 24, 2010, He will be commanding the Decker andGeorge Allen Jail facilities.
I would like to respectfully request that a briefing be prepared for an auto allowance according to County Policy."all Sheriff's Department staff officers, Captains and above, shall be assigned mid-sized vehicles." In addition,County policy states" based on specific business requirements, the Commissioners Court may authorize aposition to receive a monthly auto allowance."
Thanks for your consideration in this matter,
.M.wt£in !l/.. Sudf.etu4 !J)eputy. 3nnur.te .'Jlou.JinfJ fllUlU?aU
!J)af1ili> 0umu.f SfwU/t'. !J)epwtlnwd133 .N. 3tulu.<>tttiaf. fllf<ui.
!J)af1ili>, 5 <a:a<l 75207214-653-2602 19fJia214-653-2797 !Jwx
STATEMENTOF CONFIDENTIALITY:This message and any attachments ore intended soley for the person or entity to which it is addressed and may containconfidential or privileged information. If the recipient ottnis message is not the addressee or a person responsible for delivering the message to theaddressee, such recipient is prohibitedfrom reading or using this message in any way. If you have received this message in error, please coli the sender ofthis message immediately and delete the message from any computer.
bttps://owa,dalJascounty,org/owa/?ae=ltem&t=IPM.Note&id=RgAAAAAmBaksSPwkT4Se." 5/4/2010
April 21, 2010
93DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION
The following departments have requested exceptions to the hiring freeze. Additionaldocumentation is available for further reference.
TO:
THROUGH:
FROM:
SUBJECT:
Commissioners Court
Ryan(?own, Budget Officer
Office of Budget and Evaluation Staff
Hiring Freeze Exceptions
<::;)
"""":::0(.,)
0">
:0:%
C;9.:;:
Commissioners Court Administration -RecommendedCommissioners Court Administration requests a hiring freeze exception to fill a Legal Assistant,Grade 10 position. This position was recently reclassified from a Senior Secretary to a LegalAssistant in order to assist the Commissioners Court Legal Advisor as well as perform duties forCommissioners Court Administration. Filling the position (Pos. #518) will result in a cost of$4,287 per month including benefits from the General Fund.
411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6363 • Fax (214) 653-6517 • [email protected]
94
May 11,2010
DALI AS COUNTYCOMM!S-S!ONERS COURT
10 APR 36 AM 3: 21
TO:
FROM:
SUBJECT:
Commissioners Court
Ry~own, Budget Officer
State Jail Felony Impact Court
BACKGROUNDThe City of Dallas Police Department in conjunction with the Dallas County District Attorney'sOffice has implemented an Impact Offender Property Crime Program. The Impact Offender PropertyCrime Program is designed where individuals are identified by the City of Dallas Police Departmentand District Attorney's office as chronic career property theft offenders and the District Attorneyprovides stricter plea offers to the defendant's attorney and harsher sentencing requests to the Court.In order to minimize the jail population impact of the Impact Offender Property Crime Program arequest has been made to create a State Jail Felony Impact Court.
IMPACT ON OPERATIONSThe creation of a State Jail Felony Impact Court will allow defendants that are identified asimpact offenders by the District Attorney's Office and who want to have a jury trial, with theapproval of the Judge in whose court the case is filed, to have the case moved to the State JailFelony Impact Court. Moving the case to the State Jail Felony Impact Court would allow thejury trial to be docketed in a shorter timeframe then docketing the case in the originating court.This will decrease the time a defendant is waiting in jail for their jury trail to occur. The StateJail Felony Impact Court should be able to hear two trials per week with each trial saving theCounty $5,938 in inmate housing costs ($49.49/dayx120 days). Therefore, the State Jail FelonyImpact Court would save County funds in excess of its cost after 35 weeks.
Prior to the actual creation of the State Jail Felony Impact Court the following will need to beworked out with various parties:
I) Which cases will be part of this initiative2) A location in the Frank Crowley Courthouse needs to be identified for the court to
operate from3) The process by which cases would be transferred from the existing District Criminal
Court to the State Jail Felony Impact Court needs to be created4) How will probation officers be assigned to the State Jail Felony Impact Court
including process for PSIs and CATS assessments5) How will prosecutors be assigned to the State Felony Impact Court
411 Elm Street 3"j Floor, Dallas, Texas 75202-3340(214) 653~6384 . (214) 653-6517 . rwbrownrgdallascounty.org
95
FINANCIAL IMPACT/CONSIDERATIONSThe annual cost for a visiting judge, substitute court reporter, court coordinator, two bailiffs andsupplies is $420,458 with FY2010 costs projected at $140,152. Funding is available in unallocatedreserves.
RECOMMENDAnONThe Office of Budget and Evaluation recommends that Commissioners Court authorize the creation ofa State Jail Felony Impact Court effective once the issues identified have been resolved.Commissioners Court will be notified of the resolution of the issues and provided reports related tothe effectiveness of the court on processing State Jail Felony cases and there impact on jailpopulation.
96
DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION
("")
DATE: May 5,2010 00 3:0;>:lo 3:~'"tl ;:nr-
TO: Commissioners Court ;;0 ;;)1(..,) ::->
Rya~rown,Budget Officer0' O(J)
:z:THROUGH: -" ('");!:» '0
:I: ::tJc;
(.A)U">:;z;
FROM: Ronica L. Watkins, Senior Budget & Policy Analyst <"?-<..0...(
0 c:I'll ::tJ
SUBJECT: Rationale for Same Date Briefing and Court Order.....
The Criminal Justice Division, Office of the Governor is requesting grant applications. Allapplicants were required to submit a complete online grant application by March 5, 2010. Thegrant application requires that each application include authorization for the submission of thegrant application. The required quick turnaround of the authorization necessitates the same datebriefing and Court Order. A timely approval is essential, therefore, the referenced briefing andCourt Order will be presented during May 11, 2010 Commissioners Court.
411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6448. Fax (214) 653-6517 • [email protected]
97
DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION
May 5,2010
TO:
THROUGH:
FROM:
SUBJECT:
Commissioners Court
RYCi?rown, Budget Officer
Ronica L. Watkins, Senior Budget and Policy Analyst
Mental Health Diversion Court Grant Application (Court Order onFormal Agenda)
BackgroundThe Criminal Justice Division, Office of the Governor, is accepting applications for FY20102011 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 drug courtconcept has received widespread attention as an effective treatment strategy for drug-involvedcriminal offenders. Drug courts are designed to reduce the impact of crime on individuals,families, community and the criminal justice system by using the power of the court to engagenonviolent drug offenders in appropriate treatment as an alternative to traditional criminal justiceprocessing. In 1997, Broward County, FL, translated the drug court model to cases involvingpeople with mental illnesses and created the nation's first mental health court.
This is a continuation grant that provides the court the flexibility to send someone to treatmentfor 30-45 days, which is the normal course of treatment. Due to the quick turnaround time theapplication was submitted by the deadline, but for funding consideration a Court Ordered isrequired. The purpose of this briefing is to provide Commissioners Court with an update of thecontinuation grant application.
411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6448 • Fax (214) 653-6517 • [email protected]
98
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 FY2011. Grant activities will consist of residential substanceabuse treatment in DSHS-licensed 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.
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 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 continuation funding to purchase residential substance abuse treatment servicesthrough contract providers. The grant application is requesting funds in the amount of $68,550with no cash match required. It is estimated that funds will provide treatment for 5 individualsfor at least 15 days at $74 per day of residential substance abuse treatment for an estimatedamount of $5,550 per month ($66,600 annually). Additional funding request includes:transportation -bus tickets for participants ($1,200) and instant test kits for participant testing atcourt appearance ($750). All vendors that are contracted for services are required to have afacility, program and individual licenses, and credentials issued by the Texas Department of StateHealth 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 fundingfor the Mental Health Diversion Court residential substance abuse treatment services. Theamount of the grant application is $68,550 for the period of September 1, 2010 - August 31,2011.
99
May 11, 2010
MISCELLANEOUS
1) JUVENILE - requests approval to use a Dallas County Juvenile JusticeAlternative Education Program's County issued vans to visit the Ron JacksonState Juvenile Correctional Complex located in Brownwood, Texas on May 18,2010.
2) FACILITIES MANAGEMENT - requests approval to replace the Jury Box andthe Evidence Locker at the County Criminal Court No.3, Frank CrowleyBuilding. Estimated cost for replacement is $1,950. Funding is available in theFY2010 Permanent Improvement Fund, 126.2635.1075.70046. Recommended bythe Office of Budget and Evaluation.
3) IT SERVICES - requests approval to reimburse Oran Curtis Hettich in theamount of $6.50 for travel expenses incurred in the support of the APS Citationsystem during the month of February, 2010. Mr. Hettich is often required totravel from his base office to Sheriffs and Constable's offices around the County.Funding is available from the Major Technology Fund, Mileage Reimbursement(195.01090.01080). Recommended by the Office oflnformation Technology.
4) COUNTY AUDITOR - requests approval for certified training on ACL softwarefor financial audits. Training is requested for Tim Morton, Manager of InternalAudit, and one staff auditor. A certified ACL training class "ACL 105Foundation of ACL Concepts and Practices" is scheduled May 24-26 in Dallascosting $I400 per student. Auditing standards and exception reporting involvestatistical sampling and data extraction of large data files. Significantimprovements in management reporting, time management for staff and expandedscope can be realized with the use of ACL software. This software is used byother auditors in the industry and is highly recommended in the industry. Theoffice currently has one site license for the software and requests one additionallicense at a cost of $2,500. Funds are available within the FY2010 budget.Recommended by the Office of Budget and Evaluation.
5) TAX ASSESSOR/COLLECTOR - requests approval for Managers andDirectors to attend the 71st Annual Texas Association of Assessing OfficersConference in Fort Worth, Texas. The Conference will be held on August 29-31,2010. The following will attend all three days: John R. Ames, TaxAssessor/Collector ($240); Shirley Jacobson, Chief Deputy TAC ($240); CoreyWorsham, Director of Property Tax ($240); Betty Holland, Director ofAccounting ($240); and Norman Kasal, Director of Process and Initiatives ($240).In addition, the following wiJI attend for one day only: Wendy Fuqua, Director ofIT ($125); Wendy Baker, Asst. Director of Accounting ($125); and Candi Scarso,Customer Care Center Manager ($155). Total cost for conference registration is$1,605. Funds are available in the Tax Assessor's VIT account.
05/1 1110
100
TRAVEL REQUESTS
6)
7)
8)
9)
10)
COUNTY CLERK - requests approval for Betty Taylor to attend the TexasCenter for The Judiciary, PDP Trial Court Coordination Meeting in Austin, Texason June 14-18,2010: $682.81 ($160 registration fee) is available in Escrow Fund,County Clerk's Office, Account 94009, Conference/Staff Development Account,FY Budget 2010, (00532.4031.94009.2050.2010).
CONSTABLE, PRECINCT NO.3 - requests approval for Constable BenAdamcik to attend the Continuing Education for Constables Training inHuntsville, Texas on July 11-16, 2010, at no cost to Dallas County.
CONSTABLE, PRECINCT NO.5 - requests approval for Chief KennethHines, Assistant Chief Michael Hinojosa and Lieutenant Clifton Knight to attendthe TCLEOSE Administration Hearing in Austin, Texas on May 18-19,2010, in aCounty vehicle with gas credit cards and no other cost to Dallas County.
SHERIFF - requests approval for Julie Martin and Shelly Knight to attend the145ih Annual LGBT Conference for Law Enforcement and Criminal JusticeProfessionals in Chicago, Illinois on June 22-27, 2010, at no cost to DallasCounty.
PROBATE COURT NO.2 - requests approval for:
a) David Caddell to attend the Texas College of Probate Judges RegionalWorkshop in Corpus Christi, Texas on March 24-27, 2010: $206 isavailable in Escrow Fund, Probate Court No.2, Education Account, FYBudget 2010, (00532.4702.21667.2010). (Previously briefed andapproved on April 27, 2010, charges for mileage added).
b) Julie Dodd to attend the Texas College of Probate Judges RegionalWorkshop in Corpus Christi, Texas on March 24-27, 2010: $206 isavailable in Escrow Fund, Probate Court No.2, Education Account, FYBudget 2010, (00532.4702.21667.2010). (Previously briefed andapproved on April 27, 2010, charges for mileage added).
11) HEALTH & HUMAN SERVICES -requests approval for:
a) Ruby McGilbra to attend and participate in the lih Texas HIV/STDConference in Austin, Texas on May 23-27, 2010: $605 is available inGrant Fund, SEE Department, Conference Training Account, FY Budget2010, (00466.08740.02460.2010) and $250 (registration fee) is availablein Grant Fund, SEE Department, Registration Fee Account, FY Budget2010, (00466.08740.02462.2010).
05/11/10
1 0 1
b) Fatima Rangel to attend and participate in the l7th Texas HIV/STDConference in Austin, Texas on May 24-27, 2010: $JJO is available inGrant Fund, Expanded HIV Testing Department, Conference TrainingAccount, FY Budget 2010, (00466.08742.02460.2010) and $250(registration fee) is available in Grant Fund, Expanded HIV TestingDepartment, Registration Fee Account, FY Budget 2010,(00466.08742.02462.2010).
c) Gabriela Cantu to attend the 17th Annual HIV/STD Texas Conference inAustin, Texas on May 24-27, 2010: $515 is available in Grant Fund, PHPDepartment, Training Fees Account, FY Budget 2010,(00466.08723.02460.2010) and $250 (registration fee) is available inGrant Fund, PHP Department, Registration Fee Account, FY Budget2010, (00466.8723.02462.201 0).
d) Semahegm Belew to attend the Texas 17th STD/HIV Conference inAustin, Texas on May 24-27, 2010: $1,040 is available in Grant Fund,VD Epidemiology Department, Conference Training Account, FY Budget2010, (00466.08742.02460.2010) and $250 (registration fee) is availablein Grant Fund, VD Epidemiology Department, Registration Fee Account,FY Budget 2010, (00466.08742.02462.2010).
e) Brian Emerson and Edward Bannister to attend the Texas 17th STD/HIVConference in Austin, Texas on May 24-27, 2010: $320 is available inGrant Fund, VD Epidemiology Department, Conference TrainingAccount, FY Budget 2010, (00466.08706.02460.2010).
f) Patricia Parker Cook, R.N. and Callie Alise Williams to attend theVaccine for Children Provider CHOICE Implementation in Austin, Texason May 25-26, 2010: $896 is available Grant Fund, Immunization LocalsDepartment, Training Fee Account, FY Budget 2010,(00466.08708.02460.2010).
g) Thomas Reed to attend the 2010 Texas Ryan White Program All PartsConference in Austin, Texas on June 23, 2010: $310 is available in GrantFund, Part A Department, Conference Travel Account, FY Budget 2010,(00466.65502.04210.2010).
h) Alero Joe to Train the Trainer, Designing and Conducting Training for theSentinel Laboratory in Seattle, Washington on July 14-18,2010: $1,005 isavailable in Grant Fund, CPS Bioterrorism Lab Department, Conferenceand raining Account, FY Budget 2010, (00466.8720.02460.2010).
i) John Carlo, M.D. to attend the XVIII International AIDS Conference inVienna, Austria on July 18-23,2010, at no cost to Dallas County.
0511111 0
102
EXCEPTION TO TRAVEL REOUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED
AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED
Travel Request with reimbursements going over Dallas CounlV Policy maximumreimbursement schedule:
j) Mitos Llauder, Aurelio Rodriguez, Glenda Blackmon-Johnson, NormaPiel Brown and Karin Petties to attend the 2010 Texas Ryan WhiteProgram All Parts Conference in Austin, Texas on June 23-25, 2010:$3,272.50 is available in Grant Fund, Part A Department, ConferenceTravel Account, FY Budget 2010, (00466.65502.04210.2010).
12) PROBATE COURT NO.2 - requests approval for Robert E. Price to attend theAnnual Summer Meeting of the Fiduciary Litigation Committee in S1. Louis,Missouri on June 17-20,2010: $1,516.40 ($225 registration fee) is available inEscrow Fund, Probate Court No.2, Education Account, FY Budget 2010,(00532.4 702.21667.2010).
13) IT SERVICES - requests approval for Brett Taylor to attend a meeting tocomplete the financial acceptance testing of Phase I for JCMS in Austin, Texas onMay 16-20, 2010: $1,059.80 is available in Major Technology Fund, DataServices Department, Business Travel Account, FY Budget 0000,(00195.1090.4010.0000).
Travel requests submilled for approval after travel had occurred.'
14) SHERIFF - requests approval for:
a) Marlin Suell and Sheriff Lupe Valdez to attend the TCJS Meeting inAustin, Texas on May 6, 2010, at no cost to Dallas County.
b) Sheriff Lupe Valdez to attend the 24th Annual TJA Conference in Austin,Texas on May 11-13,2010, at no cost to Dallas County.
MISCELLANEOUS EOUIPMENT
Actual invoiced amounts may deviate by up to $5 from the amounts listed without additionalCommissioners Court Authorization.
(1) DEPARTMENT: Health & Human Services - AIDSSurveillance
05/J 1/10
ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(2) DEPARTMENT:ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(3) DEPARTMENT:
ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
05111110
103
1 - Locking Key CabinetsI - Lamination Machine$420Within Budget466.0000.02090.2010 (Grant Fund. Health& Human Services. Property. less than$5,000, FY201O)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the AIDS SurveillanceGrant # 8703, which was court, ordered onJanuary 19,2010, and assigned court ordernumber 2010 - 0129. Recommended by theOffice of Budget and Evaluation.
Health & Human Services - CEAP1 - Chair Mat Utility$85Within Budget466.0000.02160.2010 (Grant Fund. Health& Human Services. Property. less than$5.000, FY2010)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the CEAP Grant#8301, which was court, ordered onFebruary 23, 2010, and assigned court ordernumber 2010 - 0340. Recommended by theOffice of Budget and Evaluation.
Health & Human Services - Title I Admin.Contract! CBC1 - Adobe Acrobat 9.0 Standard Upgradefor Windows1 - Adobe Acrobat Professional 9.0 forWindows$625Within Budget466.0000.02095.2010 Grant Fund, Health &Human Services. Property, less than $5.000,FY201O)
PROPOSED ACTION:
(4) DEPARTMENT:ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(5) DEPARTMENT:ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(6) DEPARTMENT:
0511]/10
104
The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the Title I Admin.Contract/CBC #65502, which was court,ordered on April 6, 2010, and assigned courtorder number 2010 - 0601. Recommendedby the Office of Budget and Evaluation.
Health & Human Services - LHEAP1 - Electric 3 Hole PunchI - Electric 2 Hole Punch$322Within Budget466.0000.02160.2010 (Grant Fund, Health& Human Services. Property, less than$5,000, FY2010)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the LHEAP #8302,which was court, ordered on April 6, 2010,and assigned court order number 2009 0790. Recommended by the Office ofBudget and Evaluation.
Health & Human Services - Immunization1 - Site Survey1 - Engineered drawing to submit to the city1 -Install one Pier and Pole (Dallas CountyImmunization)$5,275Within Budget466.0000.03050.2010 (Grant Fund, Health& Human Services, Property, less than$5,000, FY201O)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the Immunization#8710, which was court, ordered onSeptember 1, 2009, and assigned court ordernumber 2009 - 1585. Recommended by theOffice of Budget and Evaluation.
Health & Human Services - STD/HIV
ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(7) DEPARTMENT:
ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(8) DEPARTMENT:
05/1111 0
105
I - Mapsco Book for Ellis Co.2 - Mapsco Books for Denton I Cook Co.2 - Mapsco Book for ICollin I Grayson Co.17 - Mapsco Books for Dallas Street guide$613Within Budget466.0000.02160.2010 (Grant Fund. Health& Human Services. Property. less than$5.000, FY2010)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the STDIHIV #8740,which was court, ordered on January 19,2010, and assigned court order number 2010- 0130. Recommended by the Office ofBudget and Evaluation.
Health & Human Services - ASNP EscrowAccountI - Deliveryllnstallation4 - Stack Chairs1 - 48" Round Break Room Table1 Delivery I Installation4 - High Back Chairs wi adjustable arms3 - Four drawer File Cabinet1 - Storage Cabinet1 - 2 Door Storage Cabinet4 - Guest ChairsI - Storage Cabinet4 - 30 x 60 Single Pedicure Desk wi keyboard tray$4,513Within Budget466.0000.02090.2010 (Grant Fund, Health& Human Services, Property, less than$5.000. FY201O)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the ASNP EscrowAccount #94801, which was court, orderedon January 12, 2010, and assigned courtorder number 2010 - 0088. Recommendedby the Office of Budget and Evaluation.
Health & Human Services - PHEP
ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(9) DEPARTMENT:ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(10) DEPARTMENT:ITEMS:
05!!1!! 0
106
12 - Industrial Wire Shelves6 -Industrial Wire Shelving Unit1 - 8 Foot Table Throw w/Dallas CountySeal etc.2 - 8 Foot Table Throw w/DalJas CountySeal and Department2 - 3 Hole Punch2 - 4 Drawer File Cabinet1- Han Credenza1 - Elements I TB External Hard Drive$6,025Within Budget466.0000.02090.2010 (Grant Fund, Health& Human Services, Property, less than$5.000, FY201O)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the PHEP Grant#8723, which was court, ordered on July 21,2009, and assigned court order number 2009- 1328. Recommended by the Office ofBudget and Evaluation.
Health & Human Services - PHER7 - Side Arm Chair7 - Desk Chair7 - 2 Drawer Lateral chair7 - 4 Shelf Bookcase7 - Single Pedestal Desk1 - 4 Drawer Letter Size File$13,795Within Budget466.0000.02090.2010 (Grant Fund, Health& Human Services, Property, less than$5,000, FY2010)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the PHER Grant#8733, which was court, ordered onSeptember 22, 2009, and assigned courtorder number 2009 - 1736. Recommendedby the Office of Budget and Evaluation.
Health & Human Services - PHER4 - Ragged Hard Disk Hard Drive
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(ll) DEPARTMENT:ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(12) DEPARTMENT:
ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
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$520Within Budget466.0000.02093.2010 (Grant Fund. Health& Human Services. Property. less than$5,000, FY2010)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the PHER Grant#8733, which was court, ordered onSeptember 22, 2009, and assigned courtorder number 2009 - 1736. Recommendedby the Office of Budget and Evaluation.
Health & Human Services - PHER10- Biohazard Trash Cans10- Fisher Scientific remote AlarmTemperature$1,450Within Budget466.0000.02840.2010 (Grant Fund, Health& Human Services, Property, less than$5,000, FY2010)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the PHER Grant#8733, which was court, ordered onSeptember 22, 2009, and assigned courtorder number 2009 - 1736. Recommendedby the Office of Budget and Evaluation.
Health & Human Services - OPHPBioterrorism2 - Stretch Film Dispenser3 - 5500-6500 LB Capacity Pallet Jack$2,025Within Budget466.0000.02090.2010 (Grant Fund, Health& Human Services. Property, less than$5,000, FY2010)The Health & Human Services Departmentis requesting authorization to purchase theabove listed items for the OPHPBioterrorism Grant #8725, which was court,ordered on July 21,2009, and assigned courtorder number 2009 - 1329. Recommendedby the Office of Budget and Evaluation.
(13) DEPARTMENT:
ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
(14) DEPARTMENT: 3220ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:PROPOSED ACTION:
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Health & Human Services - Section 8HousingItem A1357470 HG 26-50 in Pullout Mount$300Within Budget467.0000.02090.2010 (Grant Fund, Health& Human Services, Property, less than$5,000, FY2010)The Health & Human Services Departmentis requesting authorization to purchase theabove listed item for the Section 8 HousingGrant #8001, which was court, ordered onNovember 24, 2009, and assigned courtorder number 2009 - 2170. Recommendedby the Office of Budget and Evaluation.
Constable - Precinct #21 - Desk with Return$0SurplusN/AThe Constable's Office of Precinct #2requests approval to transfer one wood deskwith a right return to the Sgt's office locatedin the Mesquite sub-court house.Recommended by the Office of Budget andEvaluation.
(15)
(16)
DEPARTMENT: 3145ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
DEPARTMENT: 4060ITEMS:ESTIMATED COST:
Sheriff - George Allen1 - Refrigerator$599Within Budget120.3145.2090.0000 (General Fund, Sheriff- George Allen, Equipment Less Than$5,000, FY2010)The George Allen jail requests authorizationto purchase equipment for repopulation ofthe jail. Re-brief to correct dollar amount.Recommended by the Office of Budget andEvaluation.
Jury Services6 - Month supply of Pink E-Juror inserts$2,682
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EXPENDITURE SOURCE:
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Reserves and Contingency, Furniture andEquipment120.4060.2180.0000 (General Fund. JuryServices. Printing. FY2010)Jury Services requests authorization topurchase a 6-month supply of pink E-Jurorinserts. Recommended by the Office ofBudget and Evaluation.
(17)
(18)
(19)
DEPARTMENT: 4014ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:PROPOSED ACTION:
DEPARTMENT: 3134ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
DEPARTMENT: 3134ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
Criminal JusticeI - Bookshelf1 - Chair1 - File cabinet$0SurplusSurplusCriminal Justice requests authorization totransfer a bookshelf, chair and file cabinetfrom surplus for use III a new office.Recommended by the Office of Budget andEvaluation.
Sheriff - Criminal Investigation1 - Sierra Wireless Air Card($39.99 x 6 months)$240Federal Forfeiture532.0.7213.0.0.91002.0.0 (Escrow Fund.Sheriff. FY201O)Sheriff CID requests authorization topurchase a wireless internet card withservice for internet access. Recommendedby the Office of Budget and Evaluation.
Sheriff - Criminal Investigation8 - Upgrade to Blackberry device, serviceand accessories ($525 ea)$4,200Federal Forfeiture532.0.7213.0.0.91002.0.0 (Escrow Fund.Sheriff, FY2010)Sheriff cm requests authorization toupgrade current Nextel phones withBlackberry devices to be paid fromforfeiture funds. Recommended by theOffice of Budget and Evaluation.
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(20) DEPARTMENT: 3135ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
Sheriff - Physical Evidence5 - Upgrade to Blackberry device, serviceand accessories ($525 ca)$2,625Federal Forfeiture532.0.7213.0.0.91002.0.0 (Escrow Fund.Sheriff. FY201O)Sheriff PES requests authorization toupgrade current Nextel phones withBlackberry devices to be paid fromforfeiture funds. Recommended by theOffice of Budget and Evaluation.
(21) DEPARTMENT:ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
Elections DepartmentI - 8 ft. Table cloth6 - 6 ft. Table cloth$843Elections Escrow Account532.2090.94036.0000 (Escrow Account.Elections Department. Property less than$5.000. FY201O)The Elections Department is requestingauthorization to purchase the above listeditems. To be used on display table duringrecruitment events and voter registrationdrives. Recommended by the Office ofBudget and Evaluation.
(22) DEPARTMENT:ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
1022 Facilities Management7 - Lithonia light fixtures ($910)1 - Texture Paint ($127)1 - Replacement heater for County RecordsBuilding ($2,847)I - Cable cutter ($60)$3,944Within Budget120.l022.2690.0000 (General Fund.Facilities Management Hardware &Electrical Supplies, FY2010)120.1022.2710.0000 (General Fund,Facilities Management. Plumbing Supplies.FY2010)120.1022.2670.0000 (General Fund,Facilities Management. Maintenance,FY2010)
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PROPOSED ACTION:
(23) DEPARTMENT:ITEMS:
ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:PROPOSED ACTION:
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Facilities Management requestsauthorization to purchase the listed fixtures,supplies and replacement equipment forvarious Dallas County locations.Recommended by the Office of Budget andEvaluation.
Tax Office5 - HON -l-drawer file cabinets4 - HON 5-drawer file cabinets4 - FireKing 4-drawer file cabinetsl 1 - rolling file drawers1 - rolling task chair4 - office side chairs$0County ClerkN/AThe County Clerk requests authorization totransfer the following items to the TaxOffice. Recommended by the Office ofBudget and Evaluation.
(24) DEPARTMENT: 5210
ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:
PROPOSED ACTION:
Health & Human Services - Section 8HousingFind It Paper Ream Dispenser$100DDA120.5210.02230.0000 (General Fund, Health& Human Services, DDA FY201O)The Health & Human Services Departmentis requesting authorization to purchase theabove listed item for the Section 8 HousingProgram. Recommended by the Office ofBudget and Evaluation.
TELECOMMUNICAnONS
• 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.
• Projects are funded by requesting department, if otherwise it will be stated inbrief.
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• Cell Phone funding is provided by the requesting department and is stated.
e Pagers are funded from department ]023, line item 72]4.
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