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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA
May 17, 2011
REPORTS/RECOMMENDA TIONSIREQUESTS PAGE NOS.
1) ROAD & BRIDGE DISTRICT 1
Master Gardener Program ......................................................................... Presentation
2) RBC Capital Markets - Financial Pricing Results ................................ Presentation
3) HEALTH & HUMAN SERVICES
FY 20J 1 Ryan White HIV / AIDS Treatment Extension Act of 2009
By: Matt Boles Insert
Part B Formula Contract Awards ............................................................................... .4-6
4) ELECTIONS
Renewal of North Central Texas Council of Governments Interlocal Agreement .................................................................................................. 7-14
5) TAX ASSESSOR/COLLECTOR
Contract between the Dallas County Tax Office and Dealers for Point of Sale Lease Equipment.. ......................................................... .15-23
6) INFORMATION TECHNOLOGY
Social Website Request ............................................................................................. 24-25
7) PUBLIC WORKS
a) Master Agreements Governing Major Capital Improvement Program (MCIP) for the City of Sachse, District 2 ..................................... 26-60
(COURT ORDER ON FORMAL AGENDA)
5117/2011
b) Lawson Road MCIP Project No. 22604 (Scyene Road to U.s. 80)
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Advance Funding Agreement for Project using Funds Held in the State Highway 121 Subaccount ................................................ 61-72
8) COMMISSIONERS COURT ADMINISTRATION
Award Recommendation for SOQ 2011-007-5274 SOQ for Professional Construction Project Management and On Site Representation ........................................................................................................... 73-74
9) BUDGET
a) Conference/Travel/Training Requests ...................................................... 75-78
b) Hiring Freeze .................................... , ............................................................. 79-80
c) FY2012 Budget Update/Discussion ..................................................... 1:30 p.m.
10) INFORMATION ....................................................................................................... N/A
• Jail Population Report • Office of Budget & Evaluation - Reserve Balance Report May 11,2011 • Governmental Affairs - Certificate of Continuing Education
(Please Refer to Information Item No.1) • Purchasing:
Surplus Auction Annual Contract Data Information
• Health & Human Services - HHS Updates
11) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ............................................................................. 81-88
12) PUBLIC COMMENTS
Speakers ...................................................................................................................... N/ A
FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION
Minister's Letter of Appreciation
5117/2011
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DATES TO REMEMBER
Memorial Day - Monday, May 30, 2011
Parkland Budget Hearing - Tuesday, June 7,2011 -11:00 a.m.
Independence Day - Monday, July 4, 2011
5/17/2011
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DALLAS COUNTY HEAL TH AND HUMAN SERVICES GRANTS MANAGEMENT DIVISION
Zachary Thompson Director
TO: COMMISSIONERS COURT
FROM: ZACHARY THOMPSON, DIRECTOR DALLAS COUNTY HEALTH AND HUMAN SERVICES
DATE: MAY 17,2011
SUBJECT: FY 2011 RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 PART B FORMULA CONTRACT AWARDS
Background of Issue The Dallas County Judge is the grantee and legal recipient of the Department of State Health Services (DSHS) HIV - Ryan White Administrative Agency grant funds. Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for these funds. The DSHS HIV Administrative Service Area (HASA) includes the Dallas Health Service Delivery Area (HSDA) encompassing Collin, Dallas, Denton, Ellis, Hunt, Kaufinan, Navarro, and Rockwall counties; and the Sherman-Denison HSDA encompassing Cooke, Fannin, and Grayson counties. In accordance with the provisions of the DSHS grant, the Administrative Agency is responsible for program administration, planning, and evaluation for the HASA.
The FY 2011 Ryan White Part B Formula Contract award, in the amount of$2,811,261, is allocated to direct services. Of the $2,811 ,261 allocated to service providers, contracts and budgets in the amount of$I,207,950 are submitted for approval under this briefing. The remaining unobligated balance of $1,603,311 will be presented for approval under separate briefing and court order at a later date.
Fiscal 1m pact There is no fiscal impact to Dallas County.
Operational Impact DCHHS staff will coordinate and perform administrative activities in accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.
Legal 1m pact The Dallas County Commissioners Court must approve the contracts and budgets presented as Attachment A and authorize the County Judge to sign the contracts on behalf of Dallas County.
Strategic Plan Compliance Recommendations 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 Administrative Agency for the Ryan White Treatment Extension Act Part B grand. The FY 2011 Ryan White Part B Formula grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV/AIDS.
Commissioners Court May 17, 2011 PageZ
Recommendation
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It is recommended that the Dallas County Commissioners Court does hereby approve the award of FY 2011 Ryan White Part B Formula contracts with budgets in the amount of $1,207,950, as presented in Attachment A, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County.
RECOMMENDED BY: 7' --1-771:zaChary .
Attachment c: Darryl Martin, Conrt Administrator
Virginia Porter, County Auditor
6 FY 2011 - 2012 Ryan White Part B Formula Award (By Agency) -- 04113/2011
. F\'1(JlI PARTB
Agency Service Category FORMI!LA AWARD
04/01/11 - 03/31/12
lie.! ," " '. ".' ""_ . ifj!". '.> ii .. i"!!.' -'- '-' .. ' '.i,,",--, ·i..!' ''ii. ..·.i
IAIDS Arms I Case M.n •• pmcnt 29.337 I Care 262.363
Case 148.762 IAIDS I Assistance 31.699
Total 472.161 !i .. !,,,"!.'i!!,>!,"!."'!"", ..•.. ' '" ~,<· ... "i!.,>,,< i" '.i!,
IAIDS u." ... .Medical T . 150 ,389 Total 150 ,389
, '!i,. '! ii!!.' ,
iAIDS Services of Dallas :as. ! t - . Based 4,01'
~ _!otal 4,014
iDa lias County I District ~ M. '. I Care
Case M ..
. ost to Care AIDS
Total 0 i!i!"·iic.,!!,'Ci. i. - i!"!!i,i!>i,!',' .. ·!;I,.,. ii ,;I!",;'! " ; .'. X' ,' ..•. , .i·, " ..
Health Services of North TCX~lS I Case 15,479 Medical Care 96.144
Case 49,612 AIDS Ph" 1I.818 Food I'antry 4,027
Total 177, gO
~IMedical~ ! .i!!!'!!!,/i L ","" ., Center of Dallas 15. 109
10rai Health Care 106,521 I~-ood Pantry 100,679
Total i" ,/. :Fil,;'; '{.!!',i}' .• , i.!, ,i,?,. "i.<!, '!'!;'.!; "'!!,'!
11' House :ase Case' 'Based
~~tal 0
!!} '! .,!"! "" i,';!'2;'!,.,;!! IYour Health Clinic IMedical Case 26,070
Outpatient. I Care 60.11 7 21,428
Case 22,046 !AIDS Assistan,,' 29.356 iFood Pantry 9,086 !MedicalT 13,994..
Total 182.097
< .. ' • ! .. , .. ! .f . ,,'" .i!, !!!i! 'f . !'.c,'· i" ....... , " .•... ! .' .
!Total I for Service '. '. Ie .! ... , .' .'. !', . .'. ' ........ .! .' .'.
lin(lhli"ated - for OI'R 1,603,311 I - [or RFP 0
!Total ( . I - Dalr~~ H$pA .. .' -
'. 2,8JI,261
4!lJI20 II
May 17, 2011
To:
From:
Subject:
ISSUE
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IIMAYII AMII:SI DALLAS COUNTY ELECTIONS DEPARTMENT
Commissioners Court
Toni Pippins-Poole, Elections Administrator - Interim
Renewal of North Central Texas Council of Governments Inter-local Agreement
On September 28,2010, Commissioners Court approved Court Order 2010-1628 approving the Interlocal Agreement between Dallas County and the North Central Texas Council of Governments (NCTCOG) for the creation and maintenance of a web server that will provide election information to the public and to support the Elections Department in the redistricting process.
NCTCOG has submitted a renewal Inter-local Agreement which will commence on the date of the last signature approving the agreement and will terminate one year from that date.
FINANCIAL
The yearly maintenance for 2011 - 2012 in the amount of $5,000 and the redistricting services for 2011 at an estimated cost of $131,616 will be paid through Professional Services account 0532.1210.5590.0000.0000.94036.
LEGAL
The Civil Division of the District Attorney's office has reviewed the Interlocal Agreement. The Dallas County Judge's signature is required on the agreement after the approval from Commissioners' Court.
STRATEGIC PLAN COMPLIANCE
Approval of the Interlocal Agreement between Dallas County and the North Central Texas Council of Governments and Redistricting Services is in compliance with the County's Strategic Plan Vision 1, Strategy 1.4, "because proficiencies in processes and customer focused systems will allow the County to better serve its taxpayers/voters/citizens."
RECOMMENDATION
It is recommended that the Dallas County Commissioners Court approve the Interlocal Agreement between Dallas County and the North Central Texas Council of Governments for 2011-2012 and the cost projection for 2011 Redistricting.
Submitted for approval by: J~~:?~" Toni Pippins-Po Ie, Administrator - Interim
2377 N. STEMMONS FREEWAY, SllTE 820 • DALLAS, TX 75207 214-819-6300' FAX 214-819-6301
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INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY THE NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS
STATE OF TEXAS
COUNTY OF DALLAS
§ § §
KNOW ALL BY THESE PRESENTS
WHEREAS, Dallas County, a unit of local government in Dallas County, Texas, hereinafter called "County," and the North Central Texas Council of Governments, hereinafter called "NCTCOG," desire to enter into an interlocal agreement for the creation and maintenance of a web server that will provide election information to the public; and
WHEREAS, the Dallas County, through its Elections Department (hereinafter "DCE"), wishes the public to have access to certain election information via the Internet; and
WHEREAS, NCTCOG has available expertise and equipment to assist local governments in providing information resources through a server to be accessed by Internet users; and
WHEREAS, Dallas County needs and desires the assistance of NCTCOG in establishing and maintaining public access to election information via the Internet; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts;
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by NCTCOG and County for the mutual consideration stated herein:
I. SCOPE OF WORK
NCTCOG shall provide all services and equipment necessary to create and operate a map and information server to serve as the DCE website. This equipment shall include but is not limited to computer(s), digital line, and computer storage necessary to meet the requirements of the site.
II. OWNERSHIP OF PROPERTY
The parties agree that all databases and information provided by DCE for the services under this Agreement, including intellectual rights, shall belong wholly to County for its use, reuse and transfer notwithstanding the termination of this Agreement. NCTCOG agrees not to provide or otherwise make available such property to any other person, business, or entity whatsoever without the prior express written consent of the Dallas County Elections Administrator.
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All equipment and software provided by NCTCOG and all programs developed by NCTCOG in the performance of this Agreement shall remain the property of NCTCOG and County shall assert no ownership rights therein.
III. TERM AND EARLY CANCELLATION
The term of this Agreement shall commence on the date of the last signature approving this Agreement and shall terminate one year from that date~, unless cancelled earlier in accordance with this Section. Either party may, at its option and with or without cause, terminate this agreement at any time by giving 30 calendar days prior written notice to the other party with the understanding that all services being performed under this Agreement shall cease in accordance with the service termination date specified in the notice, and that all services provided in accordance with this Agreement prior to the service termination effective date shall be paid by DCE.
IV. AMENDMENTS OR MODIFICATION
This Agreement shall not be amended or modified except by written agreement executed by duly authorized representatives of the parties.
V. ASSIGNMENT
The parties shall not sell, assign, transfer or convey this Agreement, in whole or in part, without the prior written consent of the parties.
VI. OBLIGATIONS OF NCTCOG
NCTCOG shall establish a DCE website, which shall make elections information provided by DCE available to members of the public via the Internet. For (12) twelve months following the establishment of the site, NCTCOG shall provide equipment, system support, and site hosting that shall include twelve (12) months of on-line services and mapping services as set forth below:
Yearly Maintenance: $5,000
To include annual license fees, site hosting, email, and general staff support of existing content and maps.
2011 Redistricting Services: $60.00/hr
Section A. Redistricting Support Geographic Information Systems (GIS) development of redistricting data files. This includes creating/updating/editing of voting preCinct boundaries based upon new 2010 population data.
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• Update PDF maps and create a CD for DCE Export roads table with address ranges and corresponding precincts.
Ongoing services: $95.00/hr
Section B. Election support options: • Listing early voting locations
Running early voting reports Listing election day polling locations Posting election results Adding PDF files of the current ballot to the voter registration query
• Updating new voter registration fee • Query and map voter registration file
Web site monitoring • Automated data import development
Section C. Redistricting Support Geographic Information Systems (GIS) development of redistricting data files. This includes creating/updating/editing of voting precinct boundaries and assistance with Demographic Analysis of new precincts. Update PDF maps and create a CD for DCE Training of Dallas County staff in GIS software to support redistricting (as needed).
Expanded/Available Services:
Any service not listed under Yearly Maintenance, 2011 Redistricting Services or Ongoing Services will be estimated on a not-to-exceed cost basis and will require written DCE approval.
Upon establishment of the website, NCTCOG shall invoice DCE for $5,000 (five thousand dollars), which amount shall compensate NCTCOG for establishment of the site and for all services listed above under "Yearly Maintenance."
If requested by DCE prior to an election, NCTCOG shall perform for that election those services listed herein under "Ongoing Services" that are individually requested by DCE. Upon completion of the requested services, NCTCOG shall submit an invoice to DCE detailing all Ongoing Services performed for each election. NCTCOG shall charge a rate of $95 (ninety-five dollars) for all Ongoing Services performed under this Agreement.
Prior to an election, NCTCOG shall notify DCE of any additional available services not listed under Yearly Maintenance or Ongoing Services above, and provide DCE with a not-to-exceed cost estimate detailing the charges for such services. NCTCOG shall only perform these additional services upon written approval of the DCE Administrator or his designated representative.
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VII. OBLIGATIONS OF COUNTY
Redistricting Services which DCE has requested in relation to the 2010 Census are listed under Section Six of this Agreement under "2011 Redistricting Services."
DCE shall notify NCTCOG prior to an election and provide NCTCOG a detailed list of Ongoing Services needed for that election. Ongoing Services which DCE may request are listed under Section Six of this Agreement under "Ongoing Services."
Within thirty days of its receipt of an undisputed invoice under this Agreement, DCE shall pay NCTCOG the invoiced amount.
Prior to the establishment of the website, DCE shall timely furnish NCTCOG with map file and database contents in the appropriate electronic format.
DCE shall provide a single point of contact to work with NCTCOG during establishment of the website, as well as during the twelve month support period.
VIII. LIABILITY
COUNTY agrees to be responsible for any liability or damages the COUNTY may suffer as a result of claims, demands, costs or judgments, including all reasonable attorneys' fees, against COUNTY arising out of any performance under this Agreement, or arising out of the performance of any services under this Agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this Agreement and caused by the sale negligence of the COUNTY, its agents, officers and/or employees.
NCTCOG agrees to be responsible for any liability or damages it may suffer as a result of claims, demands, costs or judgments, including any reasonable attorneys' fees, against NCTCOG arising out of any performance under this Agreement, or arising out of the performance of any services to be provided under this Agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person or person(s) or corporation(s) occurring during the performance of the Agreement and caused by the sole negligence of NCTCOG, its agents, officers, and/or employees.
NCTCOG and COUNTY agree that any liability or damages as stated above occurring during the performance of this Agreement caused by the joint or comparative negligence of their employees or officers shall be determined in accordance with comparative responsibility laws of the State of Texas.
IX. GOVERNING LAW AND VENUE
This Agreement shall be expressly subject to the sovereign immunity of County, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws and case
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decisions of the State of Texas. Exclusive venue for any legal action regarding this Agreement filed by either County or NCTCOG shall be in Dallas County, Texas.
X. NOTICE
Any notice or certification provided for in this Agreement to be given by either party to the other shall be required to be in writing and shall be deemed given when personally delivered or within three business days after being deposited in the United States Mail, postage prepaid, certified, return receipt requested or registered addressed as follows:
To County:
To NCTCOG:
Toni Pippins-Poole Administrator Dallas County Elections Dept. 2377 Stemmons Freeway, Suite 820 Dallas, Texas 75207
Mick Maguire NCTCOG 616 Six Flags Drive Arlington, Texas 75005
XI. SEVERABILITY
If any portion of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.
XII. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written.
XIII. PAYMENT FROM CURRENT REVENUES
All payments for services rendered under this Agreement shall be made from current revenues available to County.
XIV. NO THIRD PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and any right of action relating to such enforcement shall be strictly reserved to County and NCTCOG and nothing contained in this Agreement shall be construed to create any rights for any third parties.
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XV. OPTION TO EXTEND
This Agreement may be extended for up to four additional one year terms, provided that both parties agree, and provided that a written agreement to extend is executed and signed by the parties.
XVI. FORMAL COURT APPROVAL
This Agreement is expressly subject to and contingent upon formal approval by the Dallas County Commissioners Court.
IN WITNESS WHEREOF by their Signatures hereon each of the undersigned represents and warrants that they are the duly authorized agents of each entity and have full right and authority to enter into this Agreement. This Agreement is to be effective upon the signature of both COUNTY and NCTCOG.
COUNTY OF DALLAS
BY: Clay Lewis Jenkins County Judge
Approved as to form:
j..?/~C-?&c
NE»I j) , ~C~~
BY. Mike Eastland Executive Director
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DALLAS COUNTY TAX OFFlfn~A,rc}/~,~ C~~HJd'ufn JOHN R. AMES, CT A .. TAX ASSESSOR/COLLECTOR II MAY I 0 PM t: 1J3
BRIEFING
Date: May 17,2011
To:
From:
Re:
Honorable Commissioners Court
Honorable John R. Ames, CTA/j~>;/ Tax Assessor/Collector
Contract between the Dallas County Tax Office and Dealers for Point of Sale Lease Equipment
BACKGROUND: The Dallas County Tax Assessor/Collector, by contract, authorizes new car dealerships in Dallas County to operate a dealer remote sticker printing system for motor vehicle registrations in order to process title transactions. By doing so, public convenience is furthered and efficiencies are accomplished by both the dealership and the tax office. Absolute Hyundai of Mesquite and Metro Volkswagen have both requested a remote system printer system (RSPS).
OPERATIONAL IMPACT: Over 70 dealerships in Dallas County have an agreement with the Dallas County Tax Assessor/Collector currently. Policies and procedures have already been established and these two dealerships will sign and follow the attached contract for equipment and supplies.
FINANCIAL IMPACT: The County will be responsible for leasing the required equipment to Dealer for an annual fee of $800 per location. The Dealer is responsible for any stolen, lost, damaged, vandalized or destroyed equipment.
STRATEGIC PLAN: This recommendation meets the County's Strategic Goal #1, Traditional Service Provider - ensures the maintenance and delivery of programs and services for Dallas County stakeholders.
LEGAL: The Dallas County Judge's signature is required on the contract after the approval from Commissioner's Court. The contract has been approved by the DA's Civil Division.
RECOMMENDATION: The Dallas County Tax Office recommends that these contracts with Absolute Hyundai of Mesquite and Metro Volkswagen be approved and executed.
Attachments: Two Contracts: 1) Absolute Hyundai of Mesquite 2) Metro Volkswagen
Mission Statement
Provide DaIlas County Citizens with Excellent Service using Innovative Technology to Ensure Quality Collections.
Records Building • 500ElmSt. Dallas,TX75202+ 214-653-7811
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Motor V chicle License Point of Sale Equipment Lease
Between Dallas County and Fenton Motors of Dallas Inc. Absolute Hyundai of Mesquite
THIS AGREEMENT is entered on this day of 2011, by Dallas County, hereinafter called County, a duly and lawfully organized county of the State of Texas ("Dallas") and Fenton Motors of Dallas Inc. Absolute Hyundai of Mesquite, hereinafter called Dealer.
RECITALS:
Whereas, public convenience will be furthered by authorizing the Dallas County Bonded Dealer to issue motor vehicle registration and license plates at its place of business; and
Whereas, Dealer has requested County to lease to Dealer a Remote Sticker Printing System for motor vehicle registrations in order to process title transactions;
AGREEMENT
NOW THEREFORE, for value received and by consideration of the covenants, conditions, and premises herein contained parties agree as follows;
I. County agrees to lease to Dealer the Remote Sticker Printing System for motor vehicle registrations in order to enable the dealer to process title transactions for mandated annual fee 0[$800.00. During the first year of equipment installation, the Dealer will be required to pay during the month in which the equipment is installed for a pro- rated portion of the State fiscal year. Thereafter, payment will occur annually in August. Annual lease cost of equipment is subject to change annually pursuant to cost changes assessed to the County by the State. Dealer will be given at least 30 days advanee notice of proposed change in lease.
2. The Dealer shall be responsible for full repair or replacement costs for the equipment in the event the equipment leased from the County that is placed under the Dealer's control is stolen, lost damaged, vandalized, destroyed or rendered inoperable, whether or not, Dealer agrees to reimburse County for the replacement or repair of such equipment. This does not include normal wear and tear from daily use of the equipment. The repair cost shall be determined by the equipment service vendor under contract to the State to provide maintenance service for the equipment. The Dealer's payment for repair or service costs resulting from the same shall be remitted to the County by the Dealer within ten (10) days of written request by the County.
3. County shall supply the Dealer with equipment, numbered and secured forms and supplies as needed for issuance. Under no circumstance will the Dealer keep said equipment and supplies at any location other than the location to which said equipment and supplies are assigned. Dealer will keep equipment, forms and supplies in a secure environment.
4. The Dealer will provide, in a timely manner, full payment of all taxes, title and licensing fees and completed documentation for the title transactions processed at the location according to the instructions of the Tax: Assessor/Collector, state laws and any rules and regulations of this contract.
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5. The Dealer shall designate one of its employees per location in charge of operations who will oversee the receipt. maintenance, and issuance oHorms or inventory ("Public Official"). The Public Official will take an oath of deputation to be given by the Tax Assessor/Collector. Prior to deputation, the Tax AssessorCollector shall provide any training deemed necessary for the Public Official. Dealer agrees, at Dealer's cost, to provide a Public Official bond payable to the DALLAS COUNTY Tax Assessor-Collector in the amount of $20,000.00 Dollars for the Public Official assigned (currently on file.)
6. The Dealer shall agree to provide a Registration bond in the amount 0[$40,000 per 25 transactions (box oflicense plates and accompanying TAC Form 31). Additional inventory cannot be allocated to Dealer if outstanding inventory surpasses the bond amount without increasing bond amount.
7. The County agrees to only furnish inventory or supplies for the account of the Dealer directly to the Dealer Public Official. The Dealer Public Official will account for all inventory and supplies prior to accepting delivery. The Dealer assumes the liability for the safekeeping of all inventory and supplies furnished by the Tax Assessor-Collector to the Dealer Public Official. The Tax: Assessor-Collector will notify Dealer in writing of any missing and unaccounted for inventory or cash sholtages and the Dealer shall have seven (7) days to research and rectify discrepancies before payment is made. If any inventory (license plate or TAC Form 31 is unaccounted for, the dealer is required to provide (on Dealer letterhead) an explanation for the discrepancy along with all applicable fees. Missing or unaccounted for inventory and/or cash shortages may result in the Dealer losing its right to lease the Remote Sticker Printing System for Motor Vehicle Registrations. The Tax Assessor-Collector will review these matters on the case by case basis.
8. The Dealer agrees that all inventories shall be used in the order in which it was issued.
9. Dealer agrees to only issue license plates and process motor vehicle title transactions for those parties that meet all legal requirements.
10. If the Dealer changes ownership or location, all outstanding inventory must be cleared before the transfer can take place.
II. The Dealer is subject to audit by the Tax Assessor-Collector at any time during normal business hours of the Dealer and at a mutually agreed upon location.
12. DEALER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS COUNTY AND THE DALLAS COUNTY TAX ASSESSOR-COLLECTOR FROM AND AGAINST ANY LOSS, INCLUDING CLAIMS, DEMANDS AND CAUSES OF ACTION AND WHICH LOSS, CLAIM, DEMAND OR CAUSE OF ACTION RESULTED FROM THE PERFORMANCE OR NONPERFORMANCE OF MERCHANT OR ITS AGENTS, REPRESENTATIVES OR EMPLOYEES PURSUANT TO THE TERMS OF THIS AGREEMENT
13. SOVEREIGN IMMUNITY-This Agreement is expressly made subject to County's sovereign immunity, Title 5 of the Texas Civil Remedies Code and all applicable State and federal law. The parties expressly agree that no provision ofthis Agreement is in any way intended to constitute a waiver of any immunity li'om suit or tram liability that the patties or the County has by operation of law. Nothing in this Agreement is intended to benefit any third-party beneficiary.
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l4. This Agreement is entire as to all of the performance to be rendered under it. Breach of any material obligation to be performed by Dealer shall constitute a breach of the entire Agreement and shall give County the right to immediately terminate this Agreement.
15. Either party hereto may voluntarily terminate this Agreement at any time upon thirty (30) days prior written notice to the other party. Within seven (7) days after the date of termination, the Dealer shall return to the County all outstanding inventories, together with equipment and supplies, and payment of title transactions processed. The Dealer will forfeit any portion of the annual leasing fee that remains.
l6. Notice given pursuant to this Agreement shall be in writing and shall be given by United States certified or registered mail, postage prepaid addressed to the appropriate party as set forth below:
County: John R. Ames, CTA Tax Assessor/Collector Records Building 500 Elm Street Dallas, Texas 75202-3304
Dealer: Fenton Motors of Dallas Inc, Absolute Hyundai of Mesquite 16230 Lyndon B Johnson Fwy. Mesquite, TX. 75150-1526
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above and represent that they have the authority to enter into this agreement on behalf ofthe entity they represent.
County of Dallas State of Texas
Clay Lewis Jenkins County Judge
Recommended By:
John R. Ames, CTA Dallas County Tax Assessor-Collector
* Approved as to Form:
By: Assistant District Attorney Chief, Civil Division
Dealer: Fenton Motors Absolute Hyundai of Mesquite
Name: Title:
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).
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Motor Vehicle License Point of Sale Equipment Lease
Between Dallas County and Metro Volkswagen
THIS AGREEMENT is entered on this day of 2011, by Dallas County, hereinafter called County, a duly and lawfully organized county of the State of Texas ("Dallas") and Metro Volkswagen, hereinafter called Dealer.
RECITALS:
Whereas, public convenience will be furthered by authorizing the Dallas County Bonded Dealer to issue motor vehicle registration and license plates at its place of business; and
Whereas, Dealer has requested County to lease to Dealer a Remote Sticker Printing System for motor vehicle registrations in order to process title transactions;
AGREEMENT
NOW THEREFORE, for value received and by consideration ofthe covenants, conditions, and premises herein contained parties agree as follows;
I. County agrees to lease to Dealer the Remote Sticker Printing System for motor vehicle registrations in order to enable the dealer to process title transactions for mandated annual fee of$800.00. During the first year of equipment installation, the Dealer will be required to pay during the month in which the equipment is installed for a pro- rated portion of the State fiscal year. Thereafter, payment will occur annually in August. Annual lease cost of equipment is subject to change annually pursuant to cost changes assessed to the County by the State. Dealer will be given at least 30 days advance notice of proposed change in lease.
2. The Dealer shall be responsible for full repair or replacement costs for the equipment in the event the equipment leased from the County that is placed under the Dealer's control is stolen, lost damaged, vandalized, destroyed or rendered inoperable, whether or not, Dealer agrees to reimburse County for the replacement or repair of such equipment. This does not include normal wear and tear from daily use of the equipment. The repair cost shall be determined by the equipment service vendor under contract to the State to provide maintenance service for the equipment. The Dealer's payment for repair or service costs resulting from the same shall be remitted to the County by the Dealer within ten (10) days of written request by the County.
3. County shall supply the Dealer with equipment, numbered and secured forms and supplies as needed for issuance. Under no circumstance will the Dealer keep said equipment and supplies at any location other than the location to which said equipment and supplies are assigned. Dealer will keep equipment, forms and supplies in a secure environment.
4. The Dealer will provide, in a timely manner, full payment of all taxes, title and licensing fees and completed documentation for the title transactions processed at the location according to the instructions of the Tax: Assessor/Collector, state laws and any rules and regulations of this contract.
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5. The Dealer shall designate one of its employees per location in charge of operations who will oversee the receipt, maintenance, and issuance offorms or inventory ("Public Official"). The Public Official will take an oath of deputation to be given by the Tax Assessor/Collector. Prior to deputation, the Tax AssessorCollector shall provide any training deemed necessary for the Public Official. Dealer agrees, at Dealer's cost, to provide a Public Official bond payable to the DALLAS COUNTY Tax Assessor-Collector in the amount of $20,000.00 Dollars for the Public Omcial assigned (currently on file.)
6. The Dealer shall agree to provide a Registration bond in the amount of$40,OOO per 25 transactions (box oflicense plates and accompanying TAC Form 31). Additional inventory cannot be allocated to Dealer if outstanding inventory surpasses the bond amount without increasing bond amount.
7. The County agrees to only furnish inventory or supplies for the account of the Dealer directly to the Dealer Public Official. The Dealer Public Official will account for all inventory and supplies prior to accepting delivery. The Dealer assumes the liability for the safekeeping of all inventory and supplies furnished by the Tax Assessor-Collector to the Dealer Public Official. The Tax: Assessor-Collector will notify Dealer in writing of any missing and unaccounted for inventory or cash shortages and the Dealer shall have seven (7) days to research and rectify discrepancies before payment is made. If any inventory (license plate or TAC Form 31 is unaccounted for, the dealeris required to provide (on Dealerletterhead) an explanation for the discrepancy along with all applicable fees. Missing or unaccounted for inventory and/or cash shortages may result in the Dealer losing its right to lease the Remote Sticker Printing System for Motor Vehicle Registrations. The Tax Assessor-Collector will review these matters on the case by case basis,
8. The Dealer agrees that all inventories shall be used in the order in which it was issued.
9. Dealer agrees to only issue license plates and process motor vehicle title transactions for those parties that meet all legal requirements.
10. Ifthe Dealer changes ownership or location, all outstanding inventory must be cleared before the transfer can take place.
11. The Dealer is subject to audit by the Tax Assessor-Collector at any time during normal business hours of the Dealer and at a mutually agreed upon location.
12. DEALER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS COUNTY AND THE DALLAS COUNTY TAX ASSESSOR-COLLECTOR FROM AND AGAINST ANY LOSS, INCLUDING CLAIMS, DEMANDS AND CAUSES OF ACTION AND WHICH LOSS, CLAIM, DEMAND OR CAUSE OF ACTION RESULTED FROM THE PERFORMANCE OR NONPERFORMANCE OF MERCHANT OR ITS AGENTS, REPRESENTATIVES OR EMPLOYEES PURSUANT TO THE TERMS OF nns AGREEMENT
13. SOVEREIGN IMMUNITY-This Agreement is expressly made subject to County's sovereign immunity, Title 5 ofthe Texas Civil Remedies Code and all applicable State and federal law. The parties expressly agree that no provision ofthis Agreement is in any way intended to constitute a waiver of any immunity from suit or from liability that the parties or the County has by operation of law. Nothing in this Agreement is intended to benefit any third-party beneficiary.
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14, This Agreement is entire as to all of the performance to be rendered under it. Breach of any material obligation to be performed by Dealer shall constitute a breach of the entire Agreement and shall give County the right to immediately terminate this Agreement.
15, Either party hereto may voluntarily terminate this Agreement at any time upon thirty (30) days prior written notice to the other party, Within seven (7) days after the date of termination, the Dealer shall return to the County all outstanding inventories, together with equipment and supplies, and payment of title transactions processed. The Dealer will forfeit any portion ofthe annual leasing fee that remains,
16, Notice given pursuant to this Agreement shall be in writing and shall be given by United States certified or registered mail, postage prepaid addressed to the appropriate party as set forth below:
County: John R. Ames, CTA Tax Assessor/Colleclor Records BUilding 500 Elm Street Dallas, Texas 75202-3304
Dealer: Metro Volkswagen 2035 W Airport Freeway Irving, TX 75062
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above and represent that they have the authority to enter into this agreement on behalf of the entity they represent.
County of Dallas State of Texas
Clay Lewis Jenkins County Judge
Recommended By:
John R. Ames, CTA Dallas County Tax Assessor-Collector
* Approved as to Form:
By: Assistant District Attorney Chief; Civil Division
Dealer: Metro Volkswagen
Name: Title:
'" By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients, It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).
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ORDER NO:
DATE:
STATE OF TEXAS
COUNTY OF DALLAS
BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the
___ day of ____ , 2011, on a motion made by __________________ and
seconded by , the following Court Order was adopted:
WHEREAS, on May 17,2011, the Dallas County Commissioners Court was briefed regarding the request for Fenton Motors of Dallas - Absolute Hyundai of Mesquite to enter into a contract to lease a remote sticker printing system (RSPS); and
WHEREAS, by allowing this dealership to lease a remote sticker printing system, public convenience is furthered; and
WHEREAS, efficiencies are accomplished by both the dealership and the tax office; and
WHEREAS, this recommendation is consistent with Dallas County Strategic Plan Vision I - Dallas County ensures the maintenance and delivery of programs and services for Dallas County stakeholders.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the Dallas County Tax Assessor/Collector to enter into a contract with Fenton Motors of Dallas - Absolute Hyundai of Mesquite to lease a remote sticker printing system and authorizes the County Judge to sign related documents required for the execution of the contract.
DONE IN OPEN COURT this the ____ day of ________________ _ ,2011.
Clay Lewis Jenkins, County Judge
Maurine Dickey, District # 1 Mike Cantrell, District #2
John Wiley Price, District #3 Dr. Elba Garcia, District #4
Recommended By: __ ~ __________ _ John R. Ames, Tax Assessor/Collector
ORDER NO:
DATE:
STATE OF TEXAS
COUNTY OF DALLAS
BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the
____ day of ____ , 2011, on a motion made by ___________________ and
seconded by _____________________ , the following Court Order was adopted:
WHEREAS, on May 17, 2011, the Dallas County Commissioners Court was briefed regarding the request for Metro Volkswagen to enter into a contract to lease a remote sticker printing system (RSPS); and
WHEREAS, by allowing this dealership to lease a remote sticker printing system, public convenience is furthered; and
WHEREAS, efficiencies are accomplished by both the dealership and the tax office; and
WHEREAS, this recommendation is consistent with Dallas County Strategic Plan Vision 1 - Dallas County ensures the maintenance and delivery of programs and services for Dallas County stakeholders.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the Dallas County Tax Assessor/Collector to enter into a contract with Metro Volkswagen to lease a remote sticker printing system and authorizes the County Judge to sign related documents required for the execution of the contract.
DONE IN OPEN COURT this the ___ day of _______________ _ ,2011.
Clay Lewis Jenkins, County Judge
Maurine Dickey, District #1 Mike Cantrell, District #2
John Wiley Price, District #3 Dr. Elba Garcia, District #4
Recommended By: _______________ _
Jolm R. Ames, Tax Assessor/Collector
Date:
To:
Through:
From:
Subject:
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DALLAS COUNTY BALLAS COUNTY . OFFICE of INFORMA9fJI~~fECH~m~GY
II HAY II PM I: 5$
May 17, 2011
Commissioners Court
Rodney Christian, Interim Chief Information Officer
Randy Guin, IT Security Officer
Social Website Request
The Office of Information Technology requests approval to allow Social Website Access to specific employees in the Office of Homeland Security and Emergency Management.
BACKGROUND In September 2009, the Dallas County Commissioners Court approved the use of Social Websites by County Departments for the use of facilitating County business.
REOUEST The Office of Homeland Security and Emergency Management have submitted a formal request to use the Social Websites Facebook, Twitter and Linkedln. (Copy of request is attached).
STRATEGIC PLAN COMPLIANCE
The approval of the use and access of Social Websites are consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.
RECOMMENDATION TI~ Office ofInformation Technology recommends the approval ofthis request.
\ ended by:
Attachment
25
Social Network Website Request
1) Office or Department: Homeland Security and Emergency Management
2) Purpose or Reason: For collecting and receiving information from Emergency Management communities on preparedness, recovery, response, and mitigation purposes.
3) Name of Web sites (Facebook, MySpace, Twitter, etc.): Facebook, Linkedln, and Twitter.
4) Cost: --'$""'0"".0""0 ______ Fund __ -'N'-"/,!-'A'----________ _
5) Implementation Date: _--'J'-"u"-n""ec.-1w.,..=2""0-'-1..!.1 _____________ _
6) Employees' Requiring Access:
a. Lisa Chambers b. Rodrick Jones c. Larry Thompson d. Scott Greeson e. Denise Valdez
Request by; Name Lisa Chambers Title Director. HSEM Date May 6, 2011
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DALLAS COUNTY PUBLIC WORKS
II MAY II PM I: 29
May 4, 2011
MEMORANDUM:
FROM:
SUBJECT:
Commissioners Court
Alberta Blair, P.E., Director of Public W~~~~~
SAME DAY BRIEFING AND CO RT 0 RATIONALE MASTER AGREEMENTS GOV G MAJOR CAPITAL IMPROVEMENT PROGRAM (MCIP) FOR THE CITY OF SACHSE-DISTRICT 2
In order to proceed with scheduled project delivery for the MCIP Program, it is necessary for Dallas County to enter into the Master Agreements with the City of Sachse-District 2. It is recommended that the Briefing and the Court Order be approved by the Commissioners Court on the same day.
mgt
411 Elm St., 4th Floor Dallas, Texas 75202 (214)653-7151
May 3, 2011
DALLAS COUNTY PUBLIC WORKS
MEMORANDUM
TO: Commissioners Court
FROM: Alberta Blair, P.E. Director of Public Works
27
ON FORMAL AGENDA
SUBJECT: MASTER AGREEMENTS GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM (MCIP) FOR THE CITY OF SACHSE-DISTRICT 2
BACKGROUND In the past 11 years under the leadership of the Commissioners Court, the MCIP Transportation Plan has proven to be an effective programming tool in delivering projects for Dallas County cities. In times of rising prices, tight budgets and expanding transportation challenges, the added flexibility of MCIP has continually helped keep abreast of the changing transportation climate. Additionally, over these years the MCIP process has produced and developed relationships with partner cities, and agencies such as TxDOT, NCTCOG, NTTA, and DART. Dallas County has earned the trust to deliver projects, stimulate economic development, and serve as a valued partner by acting as lead coordinator in facilitating projects.
Dallas County Public Works implements the MCIP Program with the cities under a Master Agreement with each city as authorized by the Commissioners Court and the City Council. The usual agreement term is 10 years with most agreements requiring renewal in 2011 and later. Legislative changes over the past I I years have also prompted Public Works to reissue master agreements with all participating cities to cover these changes.
The City of Sachse has requested to proceed with Executing the MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM in order to meet the requirements of implementing the Master Agreement prior to Project Specific Agreements for each project selected. Agreements from the following cities, Rowlett, Desoto, Cedar Hill, Lancaster, Wilmer, Coppell and Grand Prairie have been briefed through Commissioner Court and were approved on May 10, 2011. Agreements from the following cities Addison, Balch Springs, Carrollton, Cockrell Hill, Dallas, Duncanville, Farmers Branch, Garland, Gleun Heights, Grapevine, Highland Park, Hutchins, Irving, Lewisville, Mesquite, Richardson, Suunyvale and Seagoville have been submitted to the cities for execution and are expected to be authorized by the Court in the near filture.
FINANCIAL IMPACT By execution of the attached agreement, the Cities have agreed to participate on at least a fifty/fifty basis with Dallas County. The MASTER AGREEMENT specifies equal share of Standard Basic Infrastructure Design with city funding of amenities above and beyond the basic design. The MASTER AGREEMENT also covers areas and management of Extra Territorial Jurisdiction (ETJ) and Orphan Roads.
4 II Elm St., 4tll Floor Dallas, Texas 75202 (214)653-7151
Commissioners Court Page Two
DALLAS COUNTY STRATEGIC PLAN
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The attached agreement is consistent with the Dallas County Strategic Plan in that the project will result in infrastructure improvements which can be credited to the following:
Vision 1 Dallas County is a model interagency Partner
Vision 3 Dallas County is safe, secure and prepared
Vision 4 Dallas County proactively addresses critical regional issues
Vision 5 Dallas County is the destination of choice for residents and business
IMPACT ON SCHEDULE AND OPERATIONS The MASTER AGREEMENT will clearly define County and City partnerships and roles. Once an MCIP project has been selected and approved by Commissioners Court a supplemental agreement will be implemented that will identify project specifics such as proposed alignment, scope, project teams and cost estimates. Additional, this MASTER AGREEMENT will serve as the umbrella agreement for the 6th Call For Projects which is anticipated to be implemented in 2012 and selected in 2013.
RECOMMENDATION If the Commissioners Court concur, a CQurt Order will also be PLACED ON THE FORMAL AGENDA TODAY authorizing the County Judge to formally execute the attached MASTER AGREEMENT with the City of Sachse-District 2.
Approved By:
Attachments
mgt
411 Elm St., 4th Floor Dallas, Texas 75202 (214)653-7151
29
MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM
THIS MASTER AGREEMENT is made by and between the City/Town of Sachse, Texas, hereinafter called "City" or "Town", and Dallas County, hereinafter called "County", acting by and through its duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter called Master Agreement, for the purpose of Transportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Government's Regional Thoroughfare Plan.
WITNESSETH
WHEREAS, pursuant to Court Order 2001-814, dated April 24, 2001, County Commissioners Court approved participation in Transportation Major Capital Improvement Program within the cities inside Dallas County; and
WHEREAS, the approved project lists. may be modified, updated or approved by the Commissioners Court on a periodic, as-needed basis; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal agreements; and
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City/Town and County for the mutual consideration stated herein:
ARTICLE I. DEFINITIONS
The following definitions are incorporated into this agreement for all purposes.
A. AMENDMENT shall mean a written document executed by all parties detailing changes, additions or deletions in the Master Agreement.
B. AMENITY shall mean Project features not included in the Standard Basic Project Design including but not limited to street pavers, colored concrete, planters, irrigation, decorative lighting, special signage, or any other feature above and beyond the Standard Basic Project Design or any increase in capacity in excess of County determined requirements based on anticipated future traffic flow.
C. CITY/TOWN shall mean the City/Town of Sachse, Dallas County, Texas.
D. CONTEXT SENSITIVE SOLUTIONS (CSS) is a collaborative, interdisciplinary approach that involves all stakeholders to develop a transportation facility that fits its physical setting and preserves scenic, aesthetic, historic and environmental resources, while maintaining safety and mobility. CSS is an approach that considers the total context within which a transportation improvement project will exist. CSS principles include the employment of early,
MASTER AGREEMENT- 02/07/11
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continuous and meaningful involvement of the public and all stakeholders throughout the project developmcnt process. It is the intent of Dallas County Public Works Department to use the essential elements of CSS in all approaches to deliver the project. Some projects will dictate very intense use of CSS, while others will only use a few of the elements, but the County will always consider CSS.
E. COUNTY shall mean County of Dallas, State of Texas.
F. DIRECT PROJECT and PROGRAM COSTS shall mean those costs that can be identified specifically with a particular project or program cost objective. These costs generally include compensation of employees for the time devoted and identified specifically to the performance of the project or program, cost of materials acquired, consumed or expended specifically for the purpose of the project or program; equipment changes; damage claims and other approved capital expenditures; change orders; travel expenses incurred specifically to carry out the project including, but not limited to, design, right-of-way, road or street drainage, utility relocation and adjustment and construction. Direct Cost does not include either City/Town or County general overhead.
G. EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this Master Agreement to become effective.
H. EXTRA TERRITORIAL JURISDICTION- (ETJ) shall mean the unincorporated area outside the incorporated boundaries of the municipality as determined in Chapter 42 of the Texas Government Code, as amended. .
I. FIVE PHASE PROJECT DELIVERY SYSTEM shall mean the process for delivering a project from conception tei completion as detailed in Exhibit A, attached hereto and as well as any additions or supplements thereto. The five phases of the project delivery system are planning, design, right of way, utility clearance, and construction.
J. FUNDING AGREEMENT shall mean the agreement between the County and a City/Town to establish a preliminary proposed budget for a project. As design is completed and the engineering estimate is refined, the funding agreement shall be incorporated into the Project Specific Agreement.
K. INDIRECT COSTS shall mean those costs that benefit more than one project and cannot be readily identified with a particular final project or program cost objective. Their precise benefits to a specific project are often difficult or impossible to trace.
L. IN-HOUSE PROJECT DELIVERY COSTS shall mean all costs associated with the development of the Major Capital Improvement Program (MCIP) "Call for Projects", selection of projects, scoping of projects, project design, property acquisition and construction of projects. Cost Accounting shall include but is not limited to employee time reimbursement, materials, equipment and other expenditures necessary for the management and continuation of the MCIP.
M. INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between CitylTown and County in accordance with Texas Government Code Chapter 79l.
N. LEAD AGENCY shall mean that entity responsible for project management, including, but not limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment and construction unless otherwise designated.
O. MASTER AGREEMENT shall mean this document including all incorporated documents, attachments, and exhibits.
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P. MEMORANDUM OF AGREEMENT (MOA) shall mean a written document which incorporatcs the results of the Preliminary Design Charrette.
Q. MULTI-MODAL CONNECTIVITY IMPROVEMENTS shall mean projects which comply with the concepts in the 2005 SAFETEA-LU Act, any amendments, or any future federal transportation acts which increase safety, accessibility, flexibility, efficiency, and enhance the integration and connectivity of the transportation system, across and between modes throughout the County for motorized and non-motorized users.
R. ORPHAN ROADS shall mean all or part of a street or road right of way which are outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right of way. These roadway segments have, in effect, been "orphaned" by the abutting City/Town (or cities) that they serve in that they have been left unincorporated. Thus the County has primary responsibility for maintenance, operation, enforcement, police and/or emergency services within these unincorporated rights of way.
S. PARCEL OR PARCELS shall mean those portions orpart of land and improvements located either wholly or partially thereon, identified by County, City/Town or other Stakeholder as required for right-of-way requirements of the Project. Such right-of-way shall include the existing street, road, drainage or other City/Town or County real property ownership and all additional real property to be utilized for the Project.
T. PRELIMINARY CONCEPT CHARRETTE (PCC) shall have the same meanings and purposes as the Preliminary Design Charrette, but be conducted very early in the design start, before substantial design is underway. The conditions for which a pce is appropriate will be determined by the lead agency, but will usually be a greater uncertainty of what the road improvement will involve, the purposes, varying contexts (e.g. Transit Oriented Development, Recreational Oriented Development, Industrial Oriented Development, etc.). Use of CSS will usually mean that a pce will be conducted, since its use fits perfectly into CSS concepts. Other conditions encountered may dictate the use of a PCC, such as poor soils, presence of unconsolidated solid waste dumps, innovative integration of master planning with project delivery, unusual ROW challenges, budgetary constraints (thus calling for significant Value Engineering efforts), etc. The results of properly using a PCC will be that early consensus will be achieved on a basic approach to the project design and construction, thus avoiding wasted design funding and loss of momentum for project delivery.
U. PRELIMINARY DESIGN CHARRETTE (PDC) shall mean a meeting of decision making stakeholders and other members of the project team for the purpose of discussing feasible design alternatives, forging strong consensus among all stakeholders for the selected alternative, and entering into a MOA for the overall estimate, alignment and scope of the project. The PDC will be scheduled when the preliminary design is complete or near completion. This means horizontal and vertical alignment alternatives have been designed, ROW requirements are at least approximately known for each alternative, and the design is 40% to 60% complete. The result of a PDC that is conducted with all the stakeholders present is that the strong consensus achieved will help assure the project is able to overcome any challenges with design completion, ROW acquisition, utility design and relocation, and finally, road construction.
V. PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned the primary duty for assuring Project Team coordination and timely project delivery. There will be only one Project Manager assigned to a Project.
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W. PROJECT TEAM shall mean representatives from County, City/Town, and other Stakeholders as may be mutually agreed upon by County, City/Town and Stakeholders or otherwise with responsibility for delivering the completed Project.
X. PROJECT(S) shall mean the proposed thoroughfare and multi-modal connectivity improvements approved by the Commissioners Court for inclusion in the Transportation MCIP and approved by the CitylTown.
y. PROJECT DURATION shall mean the active life of the project. Project shall commence with the application for a project by the City/Town and acceptance by the Dallas County Commissioners Court. Project shall be considered complete when construction has been fully completed and the one year maintenance period has expired or the project has been terminated in accordance with Article IV of this Agreement.
Z. PROJECT SPECIFIC AGREEMENT or PROJECT SUPPLEMENTAL AGREEMENT (PSA) shall mean an agreement subsequent to this document which is entered into to establish the contractual rights and responsibilities of the City/Town and County as it relates to a particular Project. A PSA supersedes the MOA or Funding Agreements.
AA. RIGHT OF WAY (ROW) is a strip of land that is granted, through a ROW deed, an easement or other mechanism, for the Project. ROW shall mean that real property or property interest identified by County or City/Town, as necessary for the construction of the Project which shall include the existing street, road, drainage or other City/Town or County real property ownership and all additional real property to be utilized for the Project.
BB. SCOPING SHEETS shall be attached to each PSA. These sheets will set forth the design criteria to be used for the project, including the alignment, appropriate specifications, typical section and other parameters of the project. As project goals and needs are more clearly defined the Scoping Sheets shall be updated and revised by the project manager to reflect current construction goals.
CC. STANDARD BASIC PROJECT DESIGN shall mean the standard County-approved City/Town criteria for paving, bridges, drainage and appurtenances, traffic control items including pavement marking, warranted uniform signals, street light foundations, pull boxes, conduit, sidewalks, medians, storage/tum lanes, access, required structural retaining walls and standard driveways excluding road or street amenities, or such design criteria as may be mutually agreed upon in a project Scoping Sheets.
DD. TxDOT shall mean the Texas Department of Transportation.
EE. UTILITIES shall mean each City/Town utility, public utility, common carrier, governmental or quasi-governmental facility, fiber optic facility, or other facility located within the limits of the Project by viliue of Texas or Federal Law or agreement between the entity and the City/Town, County, or State of Texas.
FF. CITY/TOWN UTILITY shall mean those owned or operated by City/Town which requires relocation or adjustment for the purpose of the construction of the Project as identified by Project plans.
GG. UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within the limits of any governmental entity.
HH. UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all Utilities, excluding City/Town Utilities, whose facilities are located within a private easement.
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II. UTILITY BETTERMENT shall mean any increase in the capacity of any Utility's Facility adjusted or relocated as a part of the PROJECT as compared to the existing Facility, or any upgrading of the Utility's Facility above the standard practices, devices or materials, specified by the Utility and customarily used by City/Town or Utility on projects solely financed by City/Town or Utility. Provided, however, that any adjustments necessary to successfully accomplish the Project shall not be considered a Betterment, and further, that any increase in the capacity of the Utility Facility resulting solely from the replacement of devices or materials no longer regularly manufactured, processed or installed shall not be considered a Betterment, provided that such replacement shall be only to the standard devices or materials currently used on other projects financed solely by City/Town or Utility. This meaning shall apply to utilities that are part of the project as well as the standard basic street components (See "STANDARD BASIC PROJECT DESIGN").
ARTICLE II. PERIOD OF THE AGREEMENT
This Master Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed (The "Effective Date"). This Master Agreement shall expire ten years from the Effective Date unless terminated in accordance with Article IV.
ARTICLE III. AMENDMENTS
This Master Agreement may be amended with the mutual consent of the City/Town and County. Any amendment must be in writing and approved by the parties' respective governing bodies through either a COUli Order from Commissioners Court or a City/Town Council Resolution.
ARTICLE IV. TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE MAJEURE
A. TERMINATION
a. This Master Agreement may be terminated by any of the following conditions:
1. By expiration of term of the agreement.
2. By either party, by notice in writing establishing the effective date of tennination to the other party as consequence of the party being in default of the provisions of this Agreement or any supplemental agreement or failure to timely provide funding, with proper allowances being made for circumstances beyond the control of the defaulting party.
3. By either party with ninety days written notice to the other party.
b. Should either party terminate this Master Agreement as herein provided, all existing, fully executed supplemental agreements made under this Master Agreement shall not be tenninated and shall automatically incorporate all the provisions of this Master Agreement.
c. In the event that any snpplemental agreement is tenninated prior to completion of the Project, no additional Costs shall be incurred other than Costs due and payable at the time of tennination for services actually performed or that shall become due and payable due to such tennination. The Lead Agency, to the extent permitted, may tenninate all project contracts,
MASTER AGREEMENT - 02/0711 { 5
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unless written notice is given by either party to the other of its intent to complete the Project, and prepare a final accounting for the Project.
d. If the Project is tenninated by the City/Town prior to the award of any construction contract and the Project is located within the City/Town limits, City/Town shall pay to County the full amount expended by County on the project and County shall transfer to City/Town its rights and all deliverables that it may be entitled to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the final accounting for the Project. Such amount shaIl be due and payable in full ninety (90) days subsequent to the tennination, or thirty days subsequent to delivery of final accounting.
e. Once the construction contract has been awarded by the governing body of the Lead Agency, the PSA for that Project cannot be tenninated until completion of the construction.
f. In the event that a Project is tenninated prior to the award of the construction contract, either party may, upon written notice, take over the project and prosecute the work to completion by contract or otherwise at its sole cost and expense. In the event that the party completing the work is not the Lead Agency, it is agreed that the Project Manager will furnish to the Completing Party a listing of current records pertaining to any outstanding obligations or other records or infonnation required by any project contract, including any Work Order, or requested in writing by Completing Party in either printed or electronic fonnat or both. The Lead Agency agrees to cooperate with the Completing Party. The Lead Agency will use its best efforts to transfer to the Completing Party all contracts. Obligations under such contracts shall become the sole obligation of the Completing Party upon transfer. Completing party agrees to til1\ely pay all future obligations under such contract as they become due and payable. Completing Pmiy hereby releases the Lead Agency from any and all liability under such assigned contracts subsequent to date of transfer, effective upon the transfer date. Lead Agency shall exercise its best efforts to insure a transition of services without interruption.
Either party shall have the right to retain copies of all data, infonnation, engineering, studies, or other items produced to the date of tennination.
g. Provisions b through g of this section shall survive the tennination of this Master Agreement and any PSA and shall be a continuing obligation until the transition of services, all payments made and the Projects are complete. All items listed or required in this provision shall be furnished by Lead Agency to Completing Party without additional cost or expense to completing party. .
B. FORCE MAJEURE:
Neither County nor CitylTown shall be deemed in violation of this Contract if it is prevented from perfonning any of its obligations hereunder by reason of, for or through strikes, stoppage of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, an act of God, or any cause reasonably beyond the party's control and not attributable to its neglect. In the event of such an occurrence the time for perfonnance of such obligations or duty shall be suspended until such time that such inability to perfonn, shall be removed. The party claiming the suspension shall give notice of such impediment or delay in perfonnance to the other party within ten (10) days of the knowledge of such occurrence. Each party shall make all reasonable efforts to mitigate the effects of any suspension. The provisions of this Article IV section B shall survive the tennination of this Master Agreement.
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ARTICLE V. LIABILITY FOR ACT AND OMISSIONS
County and City/Town agree that both County and City/Town shall each be responsible for their own negligent acts or omissions or other tortuous conduct in the course of performance of this Master Agreement without waiving any sovereign or governmental immunity available to either County or City/Town under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. The provisions of this Article V shall survive the termination of this Master Agreement.
ARTICLE VI. LEAD AGENCY
A. Lead Agency shall be that entity which is responsible for the project from conception through to completion of construction. City/Town and County may choose for County to manage project through design and construction and for City/Town to acquire ROW.
B. In the event that the City/Town is Lead Agency the City/Town shall:
a. Provide project management and leadership from project selection to construction completion following the 5 Phase Project Delivery System as detailed in Exhibit A, attached hereto and as well as any additions or supplements thereto;
b. Lead Agency shall be responsible for hosting the Preliminary Concept Charrettes and or Preliminary Design Charrettes and Neighborhood Public Workshops;
c. Acquire ROW necessary for project;
d. Enter into or obtain whatever agreements or permits necessary for project completion;
e. Provide County with opportunity for significant input in plan development and periodic progress reviews; and
f Provide records for periodic auditing for either financial accounting or engineering accounting or both.
C. For City/Town-led projects in which the City/Town is considering to specify transportation infrastructure elements exceeding the Standard Basic Project Design criteria, County funding will only be eligible to the Standard Basic Project Design criteria unless the City/Town and County have arrived at mutual agreement through involvement of County during the initial design phases including the Design Partnering Kick-off Meeting and as necessary the Preliminary Concept Charrette and Preliminary Design Charrette meetings.
ARTICLE VII. CITY/TOWN COVENANTS AND AGREES AS FOLLOWS:
A. To execute with reasonable promptness the necessary agreements for the implementation of design and construction of the Projects mutually agreed upon and incorporated herein by PSA.
B. To provide City/Town Council Resolution adopting approved preferred alignment, proposed estimated budget, and commitment to meet Project funding for each milestone as specified herein or in the Funding Agreement and/or PSA.
C. To provide City/Town Council Resolution adopting the subdivision regulation in the ETJ as defined in Article XVII below.
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D. City/Town agrees to share the funding of each Project with County on an equal share basis of S()%/SO% or as otherwise agreed cost sharing arrangement as specified in a Funding Agreement and/or PSA with the following exclusions:
a. City/Town shall bear the entire cost of:
1. City/Town owned utilities relocation or adjustment such as water and sanitary sewer facilities, except utility adjustments directly attributable to storm sewer improvement conflicts; 2. Amenities including but not limited to street pavers, colored concrete, planters, decorative lighting, special signage, or any other feature over the Standard Basic Project Design;
3. Utility Betterments
4. Direct costs of City/Town which is fulfilling the role of Lead Agency, shall be totally funded by City/Town unless supported by a detailed hourly accounting system equal to County's accounting system.
5. City/Town Indirect Costs.
E. When mutual written agreement has been reached as to Projects' concepts, design elements and limits by County and City/Town at the PDC, City/Town agrees to acquire ROW required for designated projects by voluntary dedication, the subdivision platting process and/or other legal means, to the maximum extent possible, and to ensure through the building permitting process that setback requirements are imposed to limit encroachment upon the required ROW. City/Town agrees to fund ROW not acquired, but reasonably expected to be acquired. City/Town also agrees to fund the removal of improvements that are encroachments within existing or proposed ROW areas.
F. In the event of any proposed use of the Project ROW that will conflict with the proposed Project and City/Town is unable to obtain such ROW as described above, City/Town shall notify County of such conflict. County and City/Town shall determine if the acquisition of the conflicting parcel would be in the best interest of the Project. In the event that agreement is reached and the parcel is acquired such cost shall be included in the pro rated cost of the project in the agreed upon proportions.
G. City/Town hereby grants the County authority to enter into eminent domain proceedings within the City/Town limits on each specific ROW alignment and/or project as approved by the City/Town and County.
H. To require all Utilities located within or using the present public ROW on all designated transportation projects within City' s/Town' s municipal limits to adjust and/or relocate said Utilities as required by the proposed improvement of the designated transportation Project. City/Town Utilities shall be relocated or adjusted at no cost to County except as may be specifically set forth in this Master Agreement.
1. City/Town agrees to be cooperative on issues relating to billboards, advertising signs, nonconforming uses, zoning and similar restrictions and to exercise its best efforts to provide variances when possible to minimize cost and delay of Project. Additional Project cost caused or contributed to by City/Town ordinance, zoning, non-conforming use determination or other requirement shall be paid in full by City/Town.
J. City/Town shall require the adjustment and/or relocation of Utilities to be accomplished and finalized, as expeditiously as possible after approval of final plans to prevent Project schedule
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delays. Notwithstanding anything contained herein to the contrary, all Utilities shall be adjusted or relocated and the ROW clear for construction not later than thirty (30) days prior to the award of the construction contract. City/Town will notify the County and other Stakeholders when utility conflicts would impact progress of the project completion. County and City/Town agree to work in partnership and with all Stakeholders to solve the problem; to include engaging elected officials in the problem resolution with the goal to prevent delays in the commencement or prosecution of construction on the Project.
K. Where planned roadway improvements (including, but not limited to stonn drainage,) are in conflict with City/Town owned water and sanitary sewer systems, that could otherwise remain in place, the actual costs of the necessary adjustment of City/Town water and sewer utilities shall be pro rated at the overall percentage agreed to by City/Town and County for cost sharing. City/Town shall be responsible for funding one hundred percent (100%) of any Betterment; as well as 100% of any relocation that is caused by City/Town installation during the Project Duration. Except as provided herein, all costs for adjustment and/or relocation of utilities in the public ROW shall be the responsibility of the Utility Owner or of the City/Town Utility. Any Project delay or other damages caused by City/Town Utility failure to timely relocate or adjust the facility shall be at the entire cost of City/Town.
L. To provide for continuing surveillance and control of ROW to prevent the construction, placement, storage or encroachment of any signs, personal property or other appurtenances in the existing or proposed ROW. In the event that the aforementioned features are allowed by City/Town to encroach on necessary ROW during the duration of the project, City/Town shall bear the entire cost of removal or relocation of said encroachment.
M. To provide to County for County's or County's designee's use, at no cost, adequate copies of all construction standards, codes, (specifically including zoning and development codes), plats, specifications, guidelines, standards or any other pertinent information as determined by County to be required for the completion of the Project. Additionally, City/Town shall furnish County, at no cost, such documents as necessary to keep all items previously furnished to County current.
N. Actively participate and provide authorized representation with decision making power at PCC and/or PDC, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development/completion and fiduciary relationships.
O. City/Town agrees to provide timely review of interim submittals. "Timely review" will be agreed upon during the PCC and/or PDC as a part of the Project schedule. City/Town further agrees that if no review notes are submitted by City/Town in writing to County on a timely basis, plans are approved as submitted.
P. When City/Town is Lead Agency City/Town agrees to allow forty-five days for County review of submittals and any comments shall be incorporated into final document.
Q. CitylTown agrees that it will pay all additional project cost for any City/Town requested discretionary change, including, but not limited to Amenities and Utility Bettennents, in or addition to the design or construction of the project subsequent to the City/Town opportunity to review the sixty five percent (65%) design plans.
R. Provide at City's/Town's cost for the continuing maintenance of all the Project ROW, such as mowing, drainage, trash removal, etc., during the period between acquisition and construction.
S. During the construction of the Project and after completion of the Project, City/Town will be responsible for the control, operation, police enforcement and/or emergency services, without cost or contribution from the County.
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T. After the completion of a Project and the one year maintenance period, the City/Town will be responsible for all future maintenance without cost or contribution from the County.
U. Bear the entire cost of design, construction and administration for landscaping, streetscaping, streetlighting, as such items are not included in the Standard Basic Project Design and other amenities specified or requested by City in excess of Standard Basic Project Design.
V. It is the intent of this Master Agreement that the County will be the Lead Agency. In the event that the City/Town and County agree in writing that City/Town will manage and administer one or more Projects, City/Town and County will enter into a PSA as to that project(s). In such instance, CitylTown agrees to assume all Lead Agency responsibilities except as may be set forth in the PSA as detennined by mutual consent.
ARTICLE VIII. UTILITY IMPACTS.
A. In cases where a Utility is located in a Privately Owned ROW, and it is necessary to relocate the facility or make adjustments by reason of the widening or improvement of the designated project, the County (or City/Town if acting as the Lead Agency) will, after submission by utility company of ROW documentation and cost estimates acceptable to the City/Town, County and other Stakeholders, assign the actual costs for the relocation and/or adjustment of said utility to the Project.
B. In.cases where a Utility in Public ROW, excluding City/Town Utilities, occupies any portion ofthe Project ROW by Texas or Federal Law or by agreement with the City/Town that allows or pennits the CitylTown to cause the relocation of the utility for the construction of the project, the City/Town shall timely require and enforce the relocation or adjustment requirement at no cost to the project. In the event that the City/Town has no legal or contractual right to cause the relocation, the relocation or adjustment shall be relocated or adjusted and all cost shall be a Project Cost. City/Town shall take all steps necessary to insure that such relocation or adjustment shall not conflict with or delay the Project schedule.
ARTICLE IX. COUNTY COVENANTS AND AGREES AS FOLLOWS:
A. To provide as a Project Cost preliminary engineering which will define project details, e.g., location, scope of work and specific right of way alignment for each improvement. Such preliminary engineering shall be submitted to the City for approval, prior to proceeding with the final design and any right of way acquisition.
B. To provide as a Project Cost for the construction of transportation improvements based upon design criteria confonning to Standard Basic Project Design in confonnity with applicable City ordinances and standards, to the extent of Commissioners Court approved program funding. Scope of work shall include the agreed upon design standards as the basis for improvement criteria. Deviations from mutually agreed upon application of City/Town standards and/or design criteria shall require prior approval of City/Town. Where CitylTown standards do not exist, TxDOT standards as of the Effective Date of this Master Agreement shall be utilized unless otherwise mutually agreed by PSA.
C. To actively participate and provide authorized representation at Predesign Charrette, preeonstruetion meeting, partnering meetings and project team meetings which are necessary to project development and completion and fiduciary relationships.
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D. To provide project management of each Project where County is Lead Agency from commencement to completion of construction. City and County may further agree by mutual consent to redefine project management roles as beneficial to the Project as defined in the MOA and supplemental agreements.
E. Upon receipt of written request detailing the information requested, to provide information related to the Project to City/Town or City's/Town's designee at no cost to the City.
F. County agrees to provide review of interim submittals within forty-five days and hereby agrees that if no review notes are submitted by County (if CitylTown is filling the role as Project Manager) in writing to City/Town, plans are approved as submitted.
G. To submit final engineering plans for review and written approval by City/Town at least thirty (30) days prior to advertising for construction.
H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary additional ROW, on designated projects, in accordance with minimum standard requirements and utilizing existing public ROW to the maximum extent possible as a Project cost.
I. To require all contractors to secure all necessary permits required by City/Town on said construction projects.
J. To furnish record drawings of construction plans for the pernianent records of City/Town within twelve (12) months upon completion and acceptan?e of the transportation improvement Project.
K. To transfer the real property or property interest acquired by County and used fur the Project to City/Town.
L. In the event County and City agree in writing that City will be the Lead Agency for the agreed upon Project, County will reimburse City for agreed costs as detailed in Article XIII. (Funding) in an amount not to excced the Project cost as approved by Dallas County Commissioners Court and incorporated in the PSA. All County payments shall be in accordance with County Policies and Procedures or as may be mutually agreed between the parties and incorporated in a PSA.
ARTICLE X. PRELIMINARY DESIGN CHARRETTE (PDq, PRELIMINARY CONCEPT CHARRETTE (Pcq
A. City/Town and County, as specified in Articles VII and X, respectively, will designate officials or representatives to participate in a PCC and/or PDC to be conducted on a mutually agreeable date and location. At least part of this meeting will be conducted on the Project site.
B. Results from PCC will identify the general project scope, the basic approach and concepts to be taken with the project, the elements of CSS that will be included, and some ideas for alignments alternatives. Lead agency will already have been determined, and as well as project administration and management roles, to include the Project Manager. Key project team participants shall be introduced to stakeholders at the PCC and or PDC. Results from the PDC will identify the preferred alignment of the project which all stakeholders can support and build momentum behind, and provide all stakeholders a commitment for project delivery schedules and project budgets.
ARTICLE XI. FISCAL FUNDING
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon the availability of County funding for each item and obligation contained herein. City/Town shall have
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no right of action against the County as regards this Master Agreement, specifically including any funding by County of the Project in the event that the County is unable to fulfill its obligations under this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Master Agreement or failure of any funding party to budget or authorize funding for this Master Agreement during the current or future fiscal years. [n the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this Master Agreement. [n the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon the availability of City/Town funding for each item and obligation contained herein. County shall have no right of action against the CitylTown as regards this Master Agreement, specifically including any funding by City/Town of the Project in the event that the City/Town is unable to fulfill its obligations under this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Master Agreement or failure of any funding party to budget or authorize funding for this Master Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City/Town, at its sole discretion, may provide funds from a separate source or terminate this Master Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.
A. ARTICLE XII. FUNDING
A. City/Town and County mutually agree to proportionately fund the Direct Project and Program costs as agreed by the parties in a PSA. Unless otherwise specified in the PSA, County shall bear fifty percent (50%) of the total Direct Project and Program costs excluding the Amenities, relocation or adjustment of City/Town Utilities, Utility Betterment, Indirect Cost, Direct Cost not supported by detailed hourly accounting system and other items as specified in this Master Agreement, Funding Agreement or any PSA. County shall not be responsible for any amount of funding in excess of the Project not-to-exceed amount as shown in the PSA. Unless otherwise specified in the PSA, City/Town shall bear fifty percentage (50%) of all Direct Project and Program costs. In addition, City/Town agrees to fund all other City cost as provided herein, including, but not limited to, Amenities, relocation or adjustment of City/Town Utilities, Utility Betterment, Indirect Cost, Direct Cost not supported by detailed hourly accounting system and other items as specified in this Master Agreement, Funding Agreement or any PSA.
B. Unless otherwise stated in a PSA, the milestones for each project shall be (I) preliminary and primary design (2) ROW acquisition and utility relocation or adjustment and (3) construction. The Lead Agency shall prepare an estimated cost for each milestone. Upon approval of the cost by the other party, each party shall fund its share of the respective milestones by placing that amount of money in an escrow account or otherwise encumber the funds to insure that the Lead Agency will have sufficient funding available from current revenue for the timely payment of Project milestone costs. The Lead Agency may bill the other party for periodic payments for the actual amount of work completed toward the completion of the milestone. Upon completion of the milestone, the nonmanagement party will be furnished a notice that such work has been completed and the amount of funding that may be utilized to pay subsequent milestone Project cost. Notwithstanding any other term or condition contained herein or in any PSA, neither party will be required to award any contract until
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written certification has been received that funding has been placed in escrow or encumbered for the payment of the non-awarding party's portion of the Project cost.
C. In the event that the cost of the Project shall exceed the not-to-exceed amount, City/Town and County agree to either reduce the scope of construction or seek additional funding to complete the Project at the agreed upon cost share percentages. At the termination of the Project, the Lead Agency will do a final cost accounting of the Project. In the event that the amount paid by either party exceeds its portion of the actual cost, the difference will be remitted to such party. In the event that additional funds are due, the Lead Agency will bill the other party who agrees to pay such funds within thirty (30) days of receipt of such billing.
D. If City/Town elects to manage Project, County will reimburse City/Town based on invoices for actual costs expended as supported by documentation approved by County Auditor. Any and all supporting documentation required by County Auditor shall be included with invoice from City/Town.
E. Upon execution of a PSA, City/Town shall escrow an amount adequate for initial project costs which County may use to pay for initial professional services required for scoping, preliminary, and primary design.
F. City/Town and County shall enter into Funding Agreement and/or PSA to establish commitments as -required for each project. Suggested timeframes for Funding Agreements, PSAs and/or any amendments are:
a. As soon as project accepted by Commissioners Court and as a result of the kick off partnering meeting, a Funding Agreement to establish Lead Agency for preliminary engineering and general funding responsibilities and procedures for reimbursement by Participating Agency; or
b. When the preliminary engineering plans are at 60% complete; or
c. After construction bids are opened amend the PSA as needed.
ARTICLE XIII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that enforcement of the tenns and conditions of this Agreement and all right of action relating to such enforcement shall be strictly reserved to City/Town and County and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person on this Agreement. It is the express intention of City/Town and the County that any entity other than City/Town or the County receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. This Agreement is intended only to set forth the contractual right and responsibilities of the agreement parties.
ARTICLE XIV. RIGHT OF ENTRY
The City/Town agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion of the Project. City/Town agrees to furnish such police or other City/Town personnel as requested by County for traffic control or other public safety matters at no cost to the Project or County.
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ARTICLE XV. LIST OF PROJECTS
City/Town agrees that it has been furnished with a list of the potential Projects as approved by the Dallas County Commissioners Courts, subject to the agreement between the parties of a PSA. City/Town stipulates and agrees that the Commissioners Court Order approving the projects identifies the potential Project location and describes the type of project in sufficient detail that the City/Town is fully aware of the location and type of projects being considered.
ARTICLE XVI. ORPHAN ROAD POLICY;
The County encourages all cities adjacent to orphan roads in the county to develop, commit to and submit a plan to the County for completing the annexation of the orphan road segments and assuming full responsibility for these roadways. In instances where two cities abut the same orphan road segment, the County encourages the two cities to jointly develop a plan of the annexation of that segment. The County offers its assistance to the cities in developing such plans.
A. The County, at the discretion of the Commissioners' Court, may give additional selection value to projects in cities that have submitted a specific plan for the annexation of orphan roads when the County selects, approves and schedules projects for funding in the County's major MCIP. Such preference may also be given in approving projects for road and bridge district participation (Type "B" work).
B. The County, at the discretion of the Commissioners Court, may also refuse to participate in discretionary projects, such as road and bridge district projects or MCIP projects, in a City/Town that elects not to pursue the annexation of orphan road segments that abut its boundaries. Failure to notify the County of the City's/Town's intent to annex and/or failure to submit a plan for annexation in a timely manner shall be construed by the County as the City's/Town's election not to pursue annexation.
C. The County, at the discretion of the Commissioners Court, may select specific orphan road segments for improvement when a City commits to annexation of the segment upon completion of the project. However, the specific plan for annexation of orphan roads submitted by the City/Town will not be limited to annexation upon completion of improvements by the County. The County improvements may be made as road and bridge projects or as MCIP projects (subject to other MCIP criteria including regional thoroughfare plan designation and City/Town cost participation.)
D. This policy application is prospective and projects selected by the County and approved by the Commissioners Court prior to the date of the adoption of this policy shall not be impacted by this policy.
E. The County shall provide written notification of the adoption of, and future revisions of, this policy to the cities abutting orphan road segments.
F. The provisions of this Article XVI shall survive the termination of this Master Agreement.
(Ord. No. 2002-637; Ord. No 2006-1171)
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ARTICLE XVII. SUBDIVISION REGULATIONS IN THE EXTRA TERRITORIAL JURISDICTION
County and City/Town agree that City is the office that is authorized to: (l) accept plat applications for tracts of land located in the extraterritorial jurisdiction; (2) collect all applicable plat application fees; (3) provide applicants one response indicating approval or denial of the plat application; and (4) establishes a single set of consolidated and consistent regulations related to plats, subdivision construction plans, and subdivisions of land. The provisions of this Article XVII shall survive the tennination of this Master Agreement.
ARTICLE XVIII. MISCELLANEOUS GENERAL PROVISIONS
A. Applicable Law. This Agreement and all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Texas and exclusive venue shall be in Dallas County, Texas. Notwithstanding anything herein to the contrary, this Agreement is expressly made subject to County's and City/Town's Sovereign Immunity, Title 5 of Texas Civil Practice and Remedies Code, and all applicable State of Texas and Federal laws.
B. Entire Agreement. This Agreement, constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided.
C. Severability. If any provision of. this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.
D. Default/Waiver/Mitigation. It is not a waiver of default ifthe non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law.
E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, City/Town agrees to timely comply therewith without additional cost or expense to County.
F. Headings. The titles which are used following the number of each paragraph arc only for convenience in locating various provisions of this Agreement and shall not be deemed to affect the interpretation or construction of such provision.
G. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise.
H. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
1. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be required to be in writing and shall be deemed given when personally delivered, or three (3) business days after being deposited in the United States Mail, postage prepaid, certified, returned receipt requested, or registered addressed as follows:
MASTER AGREEMENT-- 02/07/11 is
To County:
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County of Dallas Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas, Texas 75202-3389
To City/Town: City of Sachse, Texas City Manager 5560 Hwy78 Sachse, Texas 75048
Either party may change its address for notice by giving the other party notice thereof.
The Cityl'l=e-vo'11 of Sachse, State of Texas, has executed the Agreement pursuant to duly authorized City/T_ Council Resolution :z~ 9--9 , Minutes Dated the ~day of Yh~f ,201L.
The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the __ day of , 20 __ _
CITY/TOWN OF SACHSE
BY
D A TE.--,-,-01=fhj7f-"-t.'0r-=--"'-'-l--~-
:y
COUNTY OF DALLAS
BY Clay Lewis Jenkins, County Judge
DATE ____________________ ___
APPROVED AS TO FORM:
~/~/~/~~.i~ .. ,~? &v R. Hike!, Chief, Civil Division
s County District Attorney
*8y law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its ,clients. It may not advise or approve a contract Of legal cvcument on hehalf of other pal1ies. Our review of this document was conducted solely ii'om the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other p<u1ies should not rely on this approval, and should seek review and approval by their own respecti ve attorney( s),
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EXHIBIT A
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DEPARTMENT OF PUBLIC WORKS 411 ELM ST. 4TH Ft.OOR DALLAS. TEXAS 75202
PROJECT MANAGEMENT PRACTICES MANUAL
5 PHASE PROJECT DELIVERY SYSTEM
JULY 2009
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INTRODUCTION
The purpose of this manual is to provide a standard practice guide on project management practices within the Dallas County Public Works Department. It is meant to assure that a standard approach is used by all Project Managers (PMs) and other project team members in the delivery of County-led transportation projects. The guidelines are meant to meet the requirements and intent of the American Public Works Association's (APWA) publication entitled "The Public Works Management Practices Manual" (The Manual). The Manual contains 529 recommended practice statements that describe the critical elements necessary for a full-service public works agency to accomplish its mission. We estimate that about 300 statements apply to the missions of Dallas County Public Works Department. The practice statements "call for the development and implementation of a policy or procedure in the form of a rule, regUlation, written directive, or for the execution of an acti vity, report, procedure or other action." This PMP manual is intended to fulfill that requirement and covers a number of practice statements. It begins with Practice Statement 10.8 "Project Management" in the Chapter 10, "Planning and Development." It also includes practices elements in a general sense from Chapters 11 "Engineering Design," Chapter 12 "Bid Process," Chapter 13 "Project Management," Chapter 14 "Right-of-Way Management," and Chapter 15 "Utility Coordination." Our basic methodology is a strong matrix approach, so that our PMs are assigned from the time a planning initiative become a true approved project, to completion of the total project. We use the terminology found in the Project Management Institute's "A Guide to the Project Management Body of Knowledge" (PMBOK). This includes the definition of a "Matrix Organization" which we aspire to be. This definition is: "Any organization structure in which the project manager shares responsibility with the functional managers for assigning priorities and for directing the work of individuals assigned to the project." When we speak of a project matrix team, we are referring to a team led by an appointed PM who has team members from throughout the 4 functional divisions of Dallas County Public Works. These four divisions are Transportation and Planning, Property, Engineering & Construction, and Program & Engineering Management. The PMs are assigned to the Engineering and Construction division, but manage projects from cradle to completion. There is no hand-off between functional divisions.
This Practice Manual is purposely short. We desire to provide a guide to project delivery practices, not an exhaustive "how to" manual. Other Public Works Practices (all indexed to the APWA Practices Chapters and numbers) do provide more detailed instructions on the specific elements of project delivery. OUf experience is that very thick manuals are not used as much as shorter guidelines that provide the boundaries of good practice and a standard approach on the essentials. We then empower our individual PMs to work within the guidelines, leveraging their own strengths (their "hedgehog" talents) to work the details in delivering their individual projects.
PHASE 1 -- PLANNING & PRELIMINARY DESIGN • ~#'+."~""~~.;)'f •• ~~.~ ~~~.'~fi++.~f~' •• t.' •• f.'.#'f~+? ~~ ••• ~jff!14'."~ ~." ••• l). STEP ONE, PROJECT DEFINITION
~: I f I: I: : I I I r I I! I I iel I I j I I I I I J ! I I; I: I I;.
1. Transportation Planning distributes a "Call for Projects" to all Dallas County cities. This is a process initiated every 2 to 3 years and involves partneling with all the cites and stakeholders. The nomination period is open for 4-6 months before projects are submitted, usually in August of odd numbered years. Public Works will host a partnering workshop and
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include a luncheon in the middle of a meeting about 4 hours long. Various aspects of this Call for Projects Workshop and process will be adjusted based on input from city partners.
2. Planning Division will adjust the project selection criteria based on input from the cities, criteria that NCTCOG is using, and guidance from the County Commissioners. The final criteria and Call process will be briefed and approved by the Commissioners Court and a 5-signature letter will be used to transmit the Call to the cities. The amount of time for the nomination process will be adjusted based on feedback from the cities. This is to assure they have enough time to brief their elected officials, plan for inclusion of projects in city bond elections, and prioritize city capital spending. After the Planning Division assures all the infonnation is submitted correctly (and assists some of the smaller city staffs in submissions), a matrix team of Public Works (PW) employees begins with an executeability analysis that precedes selection of projects for inclusion in the County's MCIP.
. The team, with Engineering &Construction,Planning, & Property people involved, proVides assistance with risk assessments from various perspectives --feasibility, cost estimates, scope definition, political aspects, funding, technical issues, utilities, safety, environmental, and traffic factors, etc. Property Division team members examine Right-of-Way (ROW) & utilities, looking at feasibility, types of property involved, other significant factors, such as at- grade railroad crossings, relocations, etc.
3. The Director and AD's meet with each Commissioner separately to go over the slate of nominated and analyzed projects in his/her DistIict. Google Earth or other technology is used to give the Commissioner a comprehensive look at the nominated project and its environs. The pros and cons of each project are discussed with each Commissioner taking their own approach to project selection. The technical· grading scores act as a common denominator to assure only effective projects are in the ballpark for selection. Public Works provides data on previous funding commitments, and percent of thoroughfare roads & population of each city, to help Commissioners decide on the projects to be selected. Every project is placed into a Program Year (PY) (year slated for construction start), based on District and overall County MCIP cash flow projections. After briefing each Commissioner and the Judge, the updated spreadsheet· called the "MCIP Transportation Funding Commitments" is presented in Briefing fonnat in public forum to the Commissioners Court. The following week, a Court Order is submitted and the MCIP is then fonnally approved by the Court, with a 5 Signature Court Order.
4. The MCIP has been fonnulated on the premise that legal agreements should reflect the nature and character of the program. Equal funding partnerships, matrix Project Management, Context Sensitive Solutions methods of project delivery, and parmering principles applied in every phase of project delivery are the essential elements of the MCIP. The time it takes for getting inter-local agreements approved should never be on the critical path of project delivery. Therefore much effort has been expended between the Civil DA legal staff and Public Works staff to fonnulate a "Master Agreement Governing Transportation Major Capital Improvement Projects." This MCIP Master Agreement has been signed by 26 Dallas County cities with approved projects and serves as the legal basis for partnerships between the various cities and Dallas County. It will be renewed every 10 years. Later during project design, enough infonnation will be known to forge a Project Supplemental Agreement (PSA) that details the specifics of that particular project. None of the basic elements of a citycounty legal agreement have to be repeated in the PSA, thus simplifying the process and time involved.
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5. A kickoff meeting is next held with each of the City Partners who have projects selected. This key meeting sets the basic parameters for each of the projects, such as cash flow requirements for each partner, who the lead agency for project delivery will be, agreed upon technical criteria, known risks, roles for each stakeholder, etc., all focused on assuring timely project delivery and moving the project into construction during the selected PY. If there is a great deal of uncertainty associated with the project (e.g. part of some economic development such as transit oriented development, or part of brown field development, or other significant environmental challenges, or a very significant change in planned use of an area in the future, e.g. industrial changing to mixed use, etc), then the lead agency may conduct a Planning Charrette. The purpose of this meeting with all significant stakeholders is to determine the beginning scope and the realm of possible approaches. Serious design cannot begin until there is stakeholder agreement on a relatively reasonable set of alternatives, which bear some reiationshipto the scope of funding currently available. Partnering relationships will also be established at this Charrette which should be sustained throughout the life of the project.
6. Public Works commits to using Partnering Principles of Trust, Commitment, and Shared Vision in addition to Best Practices of Project Management Principles throughout the life of the project. Each City is ihvited to use the same principle-centered teamwork as we work together to deliver the selected projects. This partnering approach is also an integral part of Context Sensitive Solutions (CSS), a design methodology that involves early and continuous involvement of all stakeholders.
7. For every project that the city and county stakeholders agree to assign Dallas County as the Lead Agent, a Project Manager (PM) will be assigned by the Assistant Director of Engineering and Construction. In addition the Assistant Director in consultation with the PM and other Assistant Directors and PW Business Unit leaders, will identify matrix team members for the project.
8. An initial Project Funding & Execution Status (PFES) and Program Management and Planning Status (PMAPS) form will be developed by the PM for each project in coordination with the PEMD & the AD, Engineering & Construction. Each business unit leader will review PFES and PMAP in order to provide an adequate workforce for each project, and assure team members assignments are balanced.
9. Decision on use of Subsurface Utility Engineering (SUE) will be made before initiating design. In the analysis of candidate projects, utility relocation risks will have been identified. When these risks are high (the usual situation), then funding will be planned in the design
for SUE efforts. PW now has in place an IDIQ contract for quick implementation of SUE consultant efforts. Utility partnering efforts include initiatives for joint efforts wherever feasible. This information will be critical for designers to use as they launch the design. Total integration of the SUE methodology will help assure that ALL utility impacts are considered in every phase of project delivery.
STEP TWO, PRELIMINARY DESIGN -« : I " I j ! I' I I " I .' ! ! I' I' j I I' If I I I I I I I I I I I I I I I I I I )I>
l. A systematic decision process as part of the Public Works Business Operating Plans (PWBOP) updating is done to determine which design efforts will be completed with inhouse designers and which will be done by consultants. For consultant selection, a rigorous and systematic process will be used to select the best qualified consultants for each project. An initial contract will be signed with a best qualified consultant to perform the entire preliminary design, or participate as a Preliminary Design liaison, trainer, or expert to advise
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an in-house design force for the project. As much as possible, an Indefinite Delivery, Indefinite Quantity (IDIQ) methodology will be used to help assure inordinate amounts of time are not used in the best qualified selection process required by state law. City partners will be given the opportunity to provide input to the County in the consultant selection process.
2. County, city, or joint team of in-house designers or selected consultant firm begins initial design efforts under the leadership of the PM. This design effort will be initiated formally with a Design Partnering Workshop. The PM will assure all significant stakeholders are invited and commit to attend & participate. The meeting will be designed to assure all stakeholders are committed to a smooth and strong start to design, that all the vital stakeholders are involved early, and that progress meetings are scheduled on a regular basis. This will involve commitments by the design team (consultant or in-house) and by the city and county people involved in design approval. Goals include committing to resolve alignment issues early in the design process. In some circumstances, a feasibility study may be required to compare & contrast different alternatives before real design can begin. Estimated ROW takes, utility impacts, and environmental affects for each alternative may need to be reported before stakeholders decide on a preferred alternative for preliminary design. The design partnering meeting will be held over a lunch hour and include a 50%-50% cost shared, modest lunch.
3. CSS methodology will continue to be used, stressing total stakeholder in\lolvelllent, throughout the project delivery process. Task Force and Matrix Team meetings will be scheduled in order to assure effecti ve teamwork. The Institute of Transportation Engineers (ITE) manual "Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities" will be used as an overall design guide.
4. When a consultant is used as the design agent, a contract will be negotiated for the preliminary design only, unless the project is relatively simple and the final solutions are not in question. The idea is to avoid protracted negotiations on the total scope and fee, when many of the factors influencing final design consideration are not yet known. An amendment to the contract for completion of the Primary Design can be negotiated after Preliminary Design is nearing completion. At this time, the unknowns should be relatively few and the scope negotiation much easier to navigate. The decision to amend the contract for completion of the Primary Design will be made after an interim evaluation is completed using the County's consultant evaluation system. Every effort will be made to assure a seamless design process, without interruptions by prolonged negotiations in signing the Primary Design amendment to the contract.
5. A Preliminary Design Charrette (PDC) will be planned by the Project Manager who will lead the execution with all stakeholders (Cities, utilities, County, any private parties or other decision-makers). The scope of invitees to the PDC will be dependent upon project complexity and number of unknowns. The goal of the PDC is to build consensus and support behind the project and alignment alternative that is finally selected by the stakeholders. Many projects have been derailed by lack of support when opposition arises. A great effort will be made to assure attendance of all the key players. This consensus building effort is an integral part of any CSS approach to design. The Director and Assistant Directors will be personally involved and the PM will make special efforts to assure political leaders have the meeting on their calendars and plan to attend, or at least have a clear invitation. In addition, by name individual contacts will have to be made to assure utility company representatives attend, since key alignment decisions will be made that can affect,
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or be affected by, probable utility locations. If applicable, the PDC will include an orientation walk-thru of the project site, which includes right of way assessment. The PM will highlight specific City zoning and other ROW requirements, or ask the city partner to highlight these.
6. As part of the CSS approach, a Public Involvement (PI) strategy will be forged under the leadership of the PM, and the advisement of the PW Transportation & Planning Division (T &P). T &P will attain and maintain a PI center of expertise and advise PMs on various techniques and methods to use to best involve the public and other stakeholders. Public Works will use innovative methods in coordination with our cities, such as workshop/small group formats, inviting outside consultants, etc. City methods & approaches will always be respected and adhered to in this area.
7. Phase 1 ends with approval of the Preliminary Design Report; Preliminary AlignmentiProfile and Preliminary Sizing of bridges and drainage structures along with S.U.E. determination, Preliminary Survey Report, and Preliminary Utility Investigation Report.
S. The design firm or in-house designtearn will have begun necessary permitting and environmental assessments. Basically the level of effort will approximate that required of the Preliminary Schematic and Environmental Assessment Phase that currently is required on the TxDOT STP/MM projects.
9. Roadway plans are estimated to be 60-65% complete at the end of Preliminary Design. Phase.
PHASE 2 -- PRIMARY DESIGN
.~."~iiI",'4I~'~cim.''''+.+''".'""i'"'.~ •• t~t''''~iI<'~'''.~ •• +''~~%i~ 1. The initial task is negotiation of an amendment to the preliminary design contract with
consultant for Primary Design, or if that is not successful, assignment of the work to an inhouse design team.
2. The Scope of Work should now be well defined by all Phase 1 efforts and includes geotechnical investigations, utility analyses (including application of all the S.U.E. data derived in Phase 1), constructability review, environmental analysis, neighborhood public workshops, traffic information approval, estimated ROW parcels, & integration of context sensitive solution elements.
3. Part of negotiations both with in-house design teams and consultants includes definitive delivery dates for various deliverables, phases, and reviews. All commitments made during the Design Partnering meeting and follow-on Task Force meetings will be honored, by all stakeholders. In paying submitted invoices for progress during the design period, earned value analysis concepts will be used to track cost and schedule progress. We DO NOT make 'cost plus' assumptions about consultant's work efforts. Since our 2-phase negotiation system allows for better scope definition, the instances of misunderstanding on true project scope are reduced.
4. Consultant or In-house Design Team works closely with all stakeholders -- under the guidance and direction of the County PM, in a partnering mode. The lead designer is the Technical Manager at this point in the process, and is always under the matrix leadership of the PM. Any available internet or intranet based Project Management tools, including extranets, will be
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used to optimal effect during the life of the project. When one of our IDIQ consultants is hired (survey, miscellaneous design, SUE or materials testing) we will work with them using partnering concepts and treat them as members of the Public Works team. Also, the design firm for water and/or wastewater services will be integrated, and wherever possible, we will attempt to assure the design consultant for the transportation project is also selected by our city partner to design the municipal utility improvements. We will expect any of our consultant partners to become familiar with the elements of our 5-Phase project delivery system and to commit to the precepts of design partnering ..
5. Traffic and utilities data will be considered in design, with data from partner city, County, NCTCOG, TxDOT, or consultant. Agreed upon level of S. U.E. will be key input into design details, and utilities partnering imperatives will be used throughout the design and construction phases.
6. Any required environmental impact analysis will be completed during phase 2. Common sense will be used to address significant issues without wasting time on clearly unimportant areas. The goal is to execute environmentally sustainable transportation infrastructure that improves the overall quality of life of our joint customers, the transportation users and citizens of Dallas County and our cities.
7. Right of Way (ROW) documents will be finalized, with quality controlled by the consultant or in-house design team. The Quality Assurance (QA) function will be completed by both the PM and the Property Division in a smoothly coordinated manner, using pre-coordinated checklists. At the appropriate time, the documents will be delivered to Property Division, but the PM still retains overall responsibility for timely project delivery. Early involvement on ROW issues, including utility relocation aspects (such as getting possible Rights of Entry for lltility relocation) is critical for success. Early provision of final and accurate ROW documents will be a critical milestone of the design contract.
8. Design Consultant or In-house Design Team completes work on provided schedule, keeping all the commitments made during the Design Partnering Meeting and the Preliminary Design Charrette. Consultants and/or In-house Design Team are expected to assure that they accomplish "muddy boots" design with true "eyes-on" the total project site. The project should have been walked several times by the time the design is complete. Most underground utilities have above ground markings, which are often overlooked until construction. In design review, we will avoid lengthy rounds of passing designs back and forth, in favor of "over-the-shoulder" reviews, as required to meet design completion timelines. These will include city and other interested stakeholders under the orchestration of the PM.
9. The PM completes an interim evaluation of the design consultant. Special note will be taken of the consultant's system for assuring QC of all design effort including ROW documents. After construction is complete, the PM performs a final consultant evaluation, using our standard evaluation system contained in the contract. The consultant is given an opportunity to evaluate the County's project management process as well.
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PHASE 3 - DESIGN COMPLETION & RIGHT-OF-WAY INITIATION
1. Begins with the delivery of the initial, unsealed ROW documents to the County by the consultant. Consultants will first bring a few ROW documents for review by the PM and Property Division team members, to assure they fully understand the details and level of Quality Control we expect in their submittals. Standards and scheduling will be clearly spelled out in writing within Consultant's contract. Deliverables will include ROW maps and deed records.
2. Consultant is required by contract to submit property owner deeds along with right of way maps which have received an internal quality control process. The PM assures utility representatives are informed of the project and all know utilities are shown on the plans. Diligent efforts will be made to assure that all private or public utility easements are identified on the maps and plans as required in Consultant Contract. All the SUE efforts should be included in the design documents.
3. The PM, still leading project delivery, assures the County or City ROW Functional Manager works to assure efficient execution of ROW planning and acquisition services, as part of the Project Matrix Team. The Property Division will manage the ROW Services IDIQ contract, if this delivery tool is used. Before writing a work order for the ROW services IDIQ, the Property Division Chief will meet with the Chief of Engineering & Construction and the PM, to assure adequate project budget is available for the added cost of procuring ROW services.
4. The PM monitors and tracks progress, helping to resolve issues as they develop. He/she, keeps all stakeholders informed, using e-tools and networking. Any available internet-based Project Management tools, including extranets, as weII as intranets will be used to optimal effect during the life of the project.
5. Consultants or In-house Design Team are to avoid taking ROW that is not absolutely necessary to the construction of the project by performing a Preliminary DesignlRight of Way Review Board. The PM uses his/her Matrix Team to minimize the ROW takings and assures appropriate leadership to assure project delivery dates are met.
6. Consultant will make minor changes reSUlting from property owner requests or other changes that arise naturally in ROW negotiations.
7. As required, the Project Manager will be prepared for expert testimony at any EminentDomain hearings.
8. The PM decides, in consultation with other stakeholders and early enough to preclude re-work by consultant, the packaging of the Plans, Specs & Estimates (PS&E) package for the construction bidding purposes. The PM will use the Standard Practices of the Public Works Department as the guide, with the precise formats being customized to the type of project involved. Each city partner may have specific requirements, or if the project is a local-let of a federalized project, federal provisions will be included, as per TxDOT guidance.
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.~m.~~'.'~$.~ t •• 'f~~", ... t" ••• ttf"'t*."f'.f~f.Uf 1t~~.t~H'~~.t{l~ ~'t' ••• l1 ~
PHASE 4 - ROW Completion & Utility Adjustment
1. ROW acquisition is carried to completion, again under the active project management and leadership of the PM, with proactive activity of the ROW acquisition team. If the city or another partner such as TxDOT is the ROW acquisition agency, the PM will still track carefully the progress and proactively lead efforts to remove obstacles, etc. to keep progress on schedule.
2~ The PM will use partnering principles as well as results of S.U.E. to assure utility adjustments are accomplished in time to keep scheduled project advertisement and contract award dates. The elements of Public Works Practice (PWP) 15.1, "Utilities Coordination" will be used as the guide. These principles are based on successful partnering efforts for over 10 years with major utility providers (including the UPRR). The PM will assure the attached Essential Elements or Utility Partnering and GUIDELINES FOR ASSURING SMOOTH RELATIONSHIPS BETWEEN LOCAL GOVERNMENTS AND UPRR is proactively used by all matrix team members.
3. The Project Manager tracks and resolves issues and work schedules, using the Matrix Team to proactively lead efforts to remove obstacles of acquisition and 'utilities relocation to ensure project schedule. As a matter of standard procedure, the use of utilities Rights of Entry (ROE) will be explored on every project. When conditions are there, we will use the ROE as a way to take the utility adjustment time off the project critical path. R&B forces may be needed to clear trees from the new ROW or to move fencing, and will be procured through requests to the Commissioner involved.
4. The City works as part of Matrix Team to expedite utility relocations. Many times, franchise utilities have relationships based on franchise utility agreements with cities that can be used beneficially to secure cooperation. Monthly Task Force meetings are initiated during this phase to assure early and frequent communication with all stakeholders. All team members are to proactively partner with the utilities and facilitate their relocation. Departmental policy is 0 RR (Zero Relocation of Relocations). The practices of PWP 15.1 "Utilities Coordination" will be used by all PMs. This includes use of the Utilities Special Work Assistance Team (U-SWAT) to help resolve tough utility challenges in a timely manner. The U-SW AT team is a resource for the PM and does not relieve himlher of the necessity for close team work, in vol vement & leadership during the utilities phase of the project. We regard the project as "in construction" during the time our utilities partners are operating in our ROW, relocating their utilities. We work hard to assure that all franchise utilities are relocated in a manner that is safe and will not impact our road construction (e.g. from improper backfill of their trenches, conflict with storm sewers, conflicts with water or sanitary sewer lines, bridge abutments, inlets, etc).
5. An Advertising Risk Assessment (ARA) is completed prior to engaging the Purchasing Department in advertising the project for construction bids. Advertising is not issued until all utilities are within a reasonable and confirmable clearance date. A deliberate decision will be made on how many days from bid opening until contract award, and how many days from contract award until the Work Order (notice to proceed) is given. Work Order dates will not be projected to occur BEFORE high assurance that all known utilities will have been relocated. A second important function of the ARA is to ascertain all the funding commitments, to update
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the PFES to include all funds already expended, and to calculate an up-to-date construction estimate, called a Current Working Estimate (CWE). All of the above actions will be coordinated and finalized at a meeting scheduled and run by the PM with the Director, Assistant Director and a city partner representati ves in attendance. This meeting will be scheduled as one of the critical milestones for the project.
6. The PM will assure designers (in-house or consultant) will be kept on-call for projects if required to complete requested Engineering During Construction (EDC) services, such as shop drawing submittal review and consultation on design intent, assumptions, etc. The intent is to retain the best part of the tremendous energy, effort and focus that the consultant or in-house design team has just expended in designing the project.
PHASE 5 -- CONSTRUCTION
",,~tt4' ••• f*".~"~t ••• t$~ •• t ••• +." •• "t"'4++'~+.1~"t'4t~<f~'"t~.'IP.'~f)tt't •• t~. STEP ONE CONSTRUCTION
1. The PM does all the work to advertise the project and works with the County Purchasing Department for bid opening. A 100% design completion CWE will be completed by the PM and will be used as the fair-cost government estimate for construction bidding purposes.
2. The PM leads the execution of the Project Supplemental Agreement (PSA) with each Partner giving approval of final funding on a timely basis. An updated PFES will be needed at this time. Project Manager prepares Court Briefing Memo and Court Order to award the construction contract as well as the PSA. (Note: on some projects with complicated design phases, the PSA may be signed earlier, during Phase 2).
3. The PM completes all the work for construction contract award. PM works with all partners to assure a logical and timely notice to proceed is given. This order to begin work and the contract time period will be based on status of utility relocations, any city requirements, etc.
4. The PM will plan, schedule and execute the Construction Partnering and Pre-Construction Meeting with key stakeholders in attendance. The PM will schedule for attendance and participation the Director and Assistant Director for E&C. Careful pre-planning ensures the attendance of the right stakeholders and staff. In Dallas County PW, we will normally facilitate our own Partnering meetings since we have the expertise and experience to accomplish this without hiring specialized consultants. Costs for a modest lunch will be shared 50%-50% between the county and the contractor.
5. The PM leads throughout the construction phase. The PM assures partnering principles and spirit of Partnering (Trust, Commitment, and Shared Vision) are maintained throughout the project construction phase. The PM establishes a regular day and time each week for the weekly construction meeting in the field. The PM assures constant communication with customers and other project stakeholders, including especially the people and businesses who are located along the road being improved or built .. This may include a construction oriented Public Information Neighborhood Meeting, as well as peliodic project newsletters, notices of key construction events or phasing, progress postings on city web-sites, meeting with neighborhood interests (property owners, schools, churches, businesses, etc). We are interested in not only achieving a high quality end-product, but also in delivering the project in a user-friendly manner. This is all part of total Context Sensitive Solutions project delivery.
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STEP TWO- PROJECT CLOSE OUT «[ f I I I I I I I I I I I I ; If;! I I I J ! I I I I I I ! I I I I I )0-
1. The PM assures final estimate is paid to Contractor on a timely basis. The Contractor may have to be persuaded to close out the project, or the County may take unilateral action to close out, if it is in our best interests
2. The PM completes the final Evaluation on the Contractor, using interim evaluation results (if one was done), and performance during the entire contract period. The Contractor evaluates Dallas County Public Works (on a voluntary basis).
3. The PM assures that as-built plans are provided for the ultimate owner from marked-up construction plans.
4. PM works with the Public Works Program & Engineering Management Division (PEMD) to assure total project costs are finalized, a final PEFS is completed and Program Management is able to disencumber any remaining funds to be put back into the MCIP fund.
5. The PM assures city is invoiced for their remaining portion of the total project costs.
6. The PM formally turns the project over to the City by letter citing the date of return to City for maintenance.
7. PM plans an ARR to capture lessons learned and celebrate project completion with all involved in project delivery from design to construction completion.
8. PM conducts one year Maintenance Bond Inspection in coJ1junction with all applicable stakeholders, assuring all corrections, repairs, etc are completed.
9. The PM completes closes out the project induding conduction an After Action Review to assure lessons learned are shared within the Dept and city.
Dallas County Project Delivery Team's
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Essential Elements of Utility Partnering
1. Know the utilities' customers and remember that we have the same customers.
2. Make utilities move only if absolutely necessary to achieve the project purpose.
3. Move only once if the move is, in fact, essential.
4. Get involved with actual field reconnaissance early. Include and engage Project Representatives or Constructibility personnel very early.
5. Get the acquiring agency's Right of Way personnel involved early.
6. Schedule initial Utility Partnering Conference early. Make partnering the theme and the first topic. Do iton the jobsite to increase the effectiveness.
7. Involve and Invite Utility representatives to Neighborhood or Pnblic Meetings.
8. Distribute roadway plans early to get started with the utility planning.
9. Coordinate with all utilities to ensure that one has no negative impact on another. Coordination should ensure that enough right of way is acquired to accommodate all of the facilities.
10. When plans are changed, get them to utility companies promptly. Provide a list of changes for our partners.
11. Communicate with utilities frequently to ensure kuowledge of changing personnel and appropriate contact person.
12. Review utility company's plans, comment on plans and implement the coordination long before fieldwork needs to begin.
13. Do not begin implementing a project schedule without total feedback from all companies.
14. Identify the precise sequence of relocations that need to occur. Many companies are predecessors of other companies' relocations. Communicate this sequence to all utilities and other stakeholders. Ensure that the sequence is streamlined as much as possible.
15. One way of ensuring the streamlining of the sequence is web-based notification when each company is complete or is scheduled to be complete. Scheduling is as important as the sequence.
16. Consider that seasonal shutdown restrictions will have significant and adverse schedule impacts, sometimes up to one year. Also consider that certain times of day are restricted from utility relocation. In addition, develop procedures for emergency situations and learn the appropriate "windows of opportunity" for change-overs, etc.
17. Share accurate information with all companies & see that they share information with each other.
18. Communicate the need to follow City Ordinances, particularly those relating to traffic control, backfill and pavement restoration. Traffic control plan must be filed and approved.
19. Insure that the companies have measures for handling complaints about their work and that they do not inconvenience our
mutual customers more than is absolutely essential. Remember, 0 R R !!
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GUIDELINES FOR ASSURING SMOOTH RELATIONSHIPS
BETWEEN LOCAL GOVERNMENTS AND UPRR
• Start Early Coordination - Set up a meeting with UPRR local representative Steve Marchenke to share project selection lists, to ascertain projects with UPRR impacts. Then on impacted projects, share preliminary designs, invite UPRR to early meetings, such as stakeholder preliminary design charrettes, public workshops,·· etc.
• Work out precisely the location of railroad project impacts, before contacting UPRR. This speeds the coordination process greatly. Use MAPSCO location, subdivision, and RR Mile Post where ever possible
• Use the UPRR.com website for a wealth of information, maps, etc. This can save time in answering questions and can provide much information about UPRR, including points of contact, e-mail and telephone information, instructions, applications, specifications, DOT crossing information, permit requirements, ROW agreements, etc. Very, very valuable. Our in-house or consultant designers need to explore this web-site before launching road design whenever there is going to be a RR crossing. Procedures and responsibilities are clearly laid out, as are design guidelines and specifications. Avoid nasty surprises that can impact project costs if not budgeted.
.. Expect the UPRR owned ROW to contain many other utilities (telecommunications, power, pipelines, etc), that you will have to pay to relocate. These are private easements the utilities have paid for and the project will have to bear the costs of relocation. UPRR is a good source of information on the potential conflicts that you will encounter. Budgeting accurately for these costs will avoid nasty surprises later.
• Do not even think about changing Exhibit B of the standard agreement. UPRR has agreements to work out in 23 states, and their lawyers are very vigilant to watch for precedents that might bind UP elsewhere. Work on win-wins in the body of the agreement.
• A void adversarial actions and relationships, instead try the partnering approach. UPRR will respond in-kind. They desire to maintain integrity in relations with all their communities. Do not presume upon them (e.g., impossible responses on coordination that you failed to start timely, making demands they cannot meet, presuming the worst).
• Look for ways to forge win-wins, for UPRR and the local community. Understand that USDOT has a policy since 1992 to reduce at-grade RR crossings by 25%. This puts tremendous pressure on RR's to accomplish this goal. Does your community have a number of little-used crossings? Explore ways to eliminate them and UPRR can do much to meet the needs of your current project.
• When appropriate, have our attorneys communicate directly with UPRR attorneys. The key is to have worked out all the coordination we can before that, using the information, contacts and principles described in these guidelines. Then, the Project Manager should stay involved to assure that going down "legal rabbit trails" is avoided whenever possible. If we follow the spirit of win-win, then both sides will have better results, even if our attorneys are involved, as they have to be.
• When you're in doubt and have searched all the readily available information, call Steve Marchenke, Ken Rouse, or UPRR Real Estate division in Omaha. Even though they have large territories to cover, they are never too busy to help you proactively solve a problem and forge a win-win. If you have a "folder number," this will save them much time in looking up the project file information.
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RESOLUTION NO. 3289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SACHSE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT, BY AND BETWEEN THE CITY OF SACHSE, TEXAS AND DALLAS COUNTY, TEXAS, FOR TRANSPORTATION IMPROVEMENTS ON ROADS LOCATED WITHIN THE CITY OF SACHSE, TEXAS, THAT ARE ON THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S REGIONAL THOROUGHFARE PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sachse, Texas ("City"), has been presented a proposed Interlocal Agreement ("Master Agreement") by Dallas County, Texas, for the purpose of transportation improvements on roads located within the City that are on the North Central Texas Council of Government's Regional Thoroughfare Plan; and
WHEREAS, upon full review and consideration of the Master Agreement and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City Manager should be authorized to execute the Master Agreement on behalf of the City of Sachse, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SACHSE, TEXAS, THAT:
SECTION 1. The Master Agreement for transportation improvements on roads located within the City that are on the North Central Texas Council of Government's Regional Thoroughfare Plan, attached hereto as Exhibit "A," having been reviewed by the City Council of the City of Sachse, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Master Agreement on behalf of the City of Sachse, Texas.
SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved.
D!l,.l:~RESOL VED AND ADOPTED by the City Council of the City of Sachse, Texas, this the O"?" day of (Y) I)V ,2011.
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CITY OF SACHSE, TEXAS
ffIi:* ArrEST:
Terry Smith, Cit Secretary
61 ,-. ~...,
D/ILLAS COUNTY DALLAS COUNTY COM1'flS~'C'!i:TS COURT
PUBLIC WORKS II MAY II PM 2: II
May 10, 2011
MEMORANDUM
TO: Commissioners Court
THROUGH: Commissioner Mike Cantrell, District 2
FROM: Alberta L. Blair, P.E. Director of Public Works
SUBJECT: LAWSON ROAD MCIP PROJECT NO. 22604 (Scyene Road to US 80) ADVANCE FUNDING AGREEMENT FOR PROJECT USING FUNDS HELD IN THE STATE IDGHWAY 121 SUBACCOUNT
BACKGROUND
The State of Texas has received money from the North Texas Tollway Authority for the right to develop, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County. The State authorized the use of surplus revenue for projects within the district of the Texas Department of Transportation in which any part of the toll project is located. The State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount) and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO).
Under a memorandum of understanding (MOD) between the Texas Transportation Commission (Commission) and the Regional Transportation Council (RTC), the RTC shall select projects to be financed using surplus revenue, subject to Commission concurrence; Dallas County (LOCAL GOVERNMENT) requested money from the SH 121 Subaccount for Lawson Road MClP Project 22604 from Scyene Road to US 80 and the RTC selected the project to be funded from the SH 121 Subaccount with Commission concurrence.
An ADVANCE FUNDING AGREEMENT FOR PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT between the Texas Department of Transportation (TxDOT) and Dallas County will designate Dallas County as the LEAD AGENCY and LOCAL GOVERNMENT, and provide funds for the project. The agreement has been reviewed and approved by the Dallas County District Attorney's office.
411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151
Commissioners Court May 10, 2011 Page Two
FINANCIAL IMPACT
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The project is being funded by the State of Texas in the amount of $3,500,000.00, Regional Toll Revenue (RTR) funding that was allocated by the Regional Transportation Council and will be
. distributed by TxDOr. The total amount ofRTR funding is comprised of $1,225,000.00 from RTR funding allocated to Kaufinan County for design ($400,000.00) and construction ($825,000.00), and $2,275,000.00 in Dallas County RTR funding for construction. Dallas County's portion, as the local government, will be $0.00. Dallas County will be reimbursed for its in-house design costs including geotech, survey and SUE expenses.
IMPACT ON SCHEDULE AND OPERATIONS
Construction on the project should commence in 2011 and be complete in 2012. Upon completion ofthis project, Lawson Road will be maintained by the Town of Sunnyvale.
STRATEGIC PLAN COMPLIANCE
This collaboration between TxDOT, Dallas County, Kaufinan County, the City of Mesquite and the Town of Sunnyvale will improve County transportation and other infrastructure which is consistent with Vision 1: Dallas Connty is a model interagency partner and Vision 4: Dallas County proactively addresses critical regional issues.
RECOMMENDATION
The Director of Public Works recommends that the attached ADV ANCEFUNDING AGREEMENT FOR PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT with TxDOT be executed for Lawson Road MCIP Project 22604. lfthe Commissioners Court is in agreement, a court order will be placed on the next formal agenda.
A1\:>elJ"ta I,.Blait, P E DlreC;;i{)rofPublic Works Lc
Attachments: Advance Funding Agreement for Project Using Funds Held in the State Highway 121 Subaccount
JTLDfdic
63 CSJ: 0918-11-073, On Lawson Road from Scyene Road to US 80 District #18 - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR PROJECT USING FUNDS HELD IN THE
STATE HIGHWAY 121 SUBACCOUNT-City Street Improvements
Off-System Project
THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and Dallas County (Local Government), collectively, the "Parties,"
WITNESSETH
WHEREAS, the State has received money from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County rSH 121 payments"); and
WHEREAS, pursuant to Transportation Code, 228,006 the State shall authorize the use of surplus revenue of a toll project for a transportation project, highway project, or air quality project within the district of the Texas Department of Transportation in which any part of the toll project is located; pursuant to Transportation Code, §228,012 the State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO); and
WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (the "Commission") approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG) and a federally designated MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the region; under the MOU the RTC shall select projects to be financed using surplus revenue from a toll project, subject to Commission concurrence; and
WHEREAS, the Local Government has requested money from the SH 121 Subaccount for: On Lawson Road from Scyene Road to US 80 (0918-11-073) (Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission concurred in the selection and authorized the expenditure of money Minute Order No, 112603, dated February 24, 2011 ;
WHEREAS, the Local Government is a political subdivision and governmental entity by statutory definition; and
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64 CSJ: 0918-11-073, On Lawson Road from Scyene Road to US 80 District #18 - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201,209 authorize the State to contract with municipalities and political subdivisions to perform governmental functions and services; and
WHEREAS, NCTCOG and the RTC should have authority to assist the Local Government's implementation of financial reporting and environmental review related to a transportation project funded by the State using money from the SH 121 Subaccount
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
Article 1. Time Period Covered
This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided,
Article 2. Project Funding
The State will pay money to the Local Government from the SH 121 Subaccount in the amounts specified in Attachment A, Payment Provision and Work Responsibilities, Except as provided in the next succeeding sentence, the payments will begin no later than upon the later of the following: (1) fifteen days after the Legislative Budget Board and the Governor each approve the expenditure, in accordance with Rider 25 of the Texas Department of Transportation bill pattern in Senate Bill 1, 80th Legislature; and (2) thirty days after execution of this Agreement If Attachment A shows that the RTC has allocated payments to the Local Government for a certain expenditure (e,g, construction) for the Project in a certain fiscal year, then the State will make the payment from the SH 121 Subaccount to the Local Government for such expenditure no later than 30 days after the beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for example, the 2009 Fiscal Year began September 1, 2008),
Article 3. Separate Account; Interest
All funds paid to the Local Government shall be deposited into a separate account, and interest earned on the funds shall be kept in the account Interest earned may be used only for the purposes specified in Attachment A, Payment Provision and Work Responsibilities, and only after obtaining the written approval of the RTC, The Local Government's use of interest earned will not count towards the 20 percent local match requirement set forth in this Agreement
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65 CSJ: 0918-11-073, On Lawson Road from Scyene Road to US 80 District #18 - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)
Article 4. Shortfalls in Funding
The Local Government shall apply all funds to the scope of work of the Projects described in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All cost overruns are the responsibility of the Local Government However, should the funds be insufficient to complete the work contemplated by the Project, the Local Government may make further request to the RTC and the State for additional funds from the SH 121 Subaccount Funds may be increased only through an amendment of this Agreement If the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary to complete the Project, or if the RTC or the Commission decline the request for any other reason, then the Local Government shall be responsible for any shortfall.
Article 5. Return of Project Funding
The Local Government shall reimburse the State for any funds paid under this Agreement that are not expended in accordance with the requirements of this Agreement. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State acknowledging the Project's completion. If at Project's end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist, including interest earned, such funds shall be returned to the State within 30 days. Except for funds the Local Government has already expended in accordance with the Agreement, the Local Government shall return to the State the funds paid under this Agreement together with any interest earned on the funds if the Project is not completed within 10 years of execution of the Agreement.
Article 6. Local Match
The Local Government shall be responsible for the required 20 percent local match as described in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towards the 20 percent local match requirement provided such costs are for RTCapproved phases as shown in Attachment A. At the end of each Fiscal Year the Local Government's cumulative expenditures of local match funds must be no less than 20 percent of the cumulative SH 121 Funds received by the Local Government up to that date under the Agreement, and must be for the uses approved for payments of SH 121 Funds up to that date as specified in Attachment A, Payment Provision and Work Responsibilities - Article Not Applicable.
Article 7. Procurement and Contracting Process
The State may review the Local Government's procurement of professional services for engineering, surveying, and right of way acquisition, letting of construction contracts, and conduct of construction management and inspection. The Local Government shall certify compliance with state law and regulations, and with local laws, regulations, rules, policies, and procedures. The Local Government shall maintain a copy of the certification in the Project's files.
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66 CSJ: 0918-11-073, On Lawson Road from Scyene Road to US 80 District #18 - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)
Article 8. Design Standards and Construction Specifications
The Local Government shall implement the Project using the Local Government's established design standards, construction specifications, procurement processes, and construction management and inspection procedures,
Article 9. Right of Way
Except for right of way owned by the State or to be acquired by the State according to the plans of the Project as approved by the State, the Local Government shall acquire all necessary right of way needed for the Project. Right of way acquisition is an eligible cost for reimbursement provided such cost is an RTC-approved phase as shown in Attachment A,
Article 10. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with State laws and regulations and local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government must obtain advance approval for any variance from established procedures, The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to adjust, remove, or relocate utility facilities only to the extent the utility has a property right as shown in a recorded deed or easement.
Article 11. Compliance with Laws; Environmental Review and Public Involvement
Each Party shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative bodies or tribunals affecting the performance of this Agreement as applicable to it. When required, the Local Government shall furnish the State with satisfactory proof of compliance, As provided in 43 TAC, Section 2,1 (b)(3), the department's environmental review requirements do not apply to the Project because the department is funding the Project solely with money held in a project subaccount created under Transportation Code, Section 228_012, However, the local government shall ensure that the Project complies with all environmental review and public involvement requirements applicable to the Local Government under state and federal law in connection with the Project. The Local Government shall obtain the opinion of legal counsel showing the Local Government's environmental review and public involvement for the Project to comply with state law and regulations, and with local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government shall maintain a copy of the certification in the project files_
Article 12. Compliance with Texas Accessibility Standards and ADA
The Local Government shall ensure that the plans for and the construction of the Project is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes, The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P,L, 101-336),
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67 CSJ: 0918-11-073, On Lawson Road from Scyene Road to US 80 District #18 - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)
Article 13. Work Outside the Project Site
The Local Government shall provide both the necessary right of way and any other property interests needed for the Project.
Article 14. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way, This coverage shall be
. maintained until all work on the Stale right of way is compfete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work.
Article 15. Audit
Within 120 days of completion of the Project, the Local Government shall perform an audit of the costs of the Project. Any funds due to the State will be promptly paid by the Local Government.
Article 16. Maintenance
The Local Government shall be responsible for maintenance of the Project.
Article 17. Responsibilities of the Parties
a. The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents.
b. To the extent permitted by law, the Local Government agrees to indemnify and save harmless the State, its agents and employees from all suits, actions or claims and from all liability and damages resulting from any and all injuries or damages sustained by any person or property in consequence of any neglect, error, or omission in the performance of the design, construction, maintenance or operation of the Project by the Local Government, its contractor(s), subcontractor(s), agents and employees, and from any claims or amounts arising or recovered under the "Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as from time to time may be amended.
c. The Parties expressly agree that the Project is not a joint venture or enterprise. However, if a court should find that the Parties are engaged in a joint venture or enterprise, then the Local Government, to the extent provided by law, agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of the Project.
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d. To the extent provided by law, the Local Government shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney's fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Local Government, its agents, or employees.
Article 18. Notices
All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses:
Local Government: Dallas County Attn: Director of Public Works 411 Elm Street Dallas, Texas 75202-3301
.
State: Texas Department of Transportation Attn: District Engineer 4777 E_ Highway 80 Mesquite, Texas 75150
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party, Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party,
Article 19. Right of Access If the Local Government is the owner or otherwise controls access to any part of site of the Project, the Local Government shall permit the State or its authorized representative access to the site to perform any activities authorized in this Agreement.
Article 20. Project Documents
Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement by the Local Government shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State,
Article 21. Inspection of Books and Records
The Local Government shall keep a complete and accurate record to document the performance of the work on the Project and to expedite any audit that might be conducted. The Local Government shall maintain records sufficient to document that funds provided under the Agreement were expended only for eligible costs that were incurred in accordance with all applicable state and local laws, rules, policies, and procedures, and in
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accordance with all applicable provisions of this Agreement. The Local Government shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State for review and inspection during the contract period and for four (4) years from the date of completion of work defined under this Agreement or until any pending litigation or claims are resolved, whichever is later. Additionally, the State shall have access to all governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.
Article 22. NCTCOG
Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist the Local Government's implementation of financial reporting and environmental review conceming the Project. The Local Government shall provide to NCTCOG on a monthly basis a report of expenses, including the Local Government's expenditure of local match funds. The report shall list separately the expenditures by Project's phase as shown in Attachment A, including but not limited to engineering, environmental review, right of way acquisition, and construction. The report shall also describe interest earned on money from the SH 121 Subaccount, including the interest rate, interest earned during the month, and cumulative interest earned. The report shall further describe the status of developing the Project. Not less than 60 days before the environmental review document is submitted to the governing body of the Local Government for final approval, the Local Government shall submit the document to NCTCOG for review and comment. NCTCOG may provide the Local Government technical assistance on the environmental review of the Project as mutually agreed between NCTCOG and the Local Government.
Article 23. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.
Article 24. Amendments
By mutual written consent of the Parties, this contract may be amended prior to its expiration.
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Article 25. Termination
The Agreement may be terminated in the following manner: • by mutual written agreement and consent of both parties; • by either party upon the failure of the other party to fulfill the obligations set forth
herein, after a 45 day period to cure after receiving written notice of non-compliance; • by the State if the Local Government does not let the construction contract for
the Project within one year after the State first provides 121 Funds for construction as shown in Attachment A, Payment Provision and Work Responsibilities;
• by the State if the Local Government does not complete the Project within ten . years after the effective date of the Agreement;
Article 26. Work by Debarred Person
The Local Government shall not contract with any person that is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State_
Article 27. Sole Agreement
The Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter.
Article 28. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement The Local Government may assign its interests under the Agreement only with the written approval of the State.
Article 29. Remedies
The Agreement shall not be considered as specifying an exclusive remedy for a breach of the Agreement All remedies existing at law or in equity are available to either Party and are cumulative.
Article 30. Legal Construction
If a provision of the Agreement shall be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, and the Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision_
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7 1 CSJ: 0918-11-073, On Lawson Road from Scyene Road to US 80 District #18 - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)
Article 31. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this Agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission.
By ________ ~~~------------Janice Mullenix
Date ______ ~ __ _
Director, Contract Services Section, General Services Division
THE LOCAL GOVERNMENT- DALLAS COUNTY By:~~ ____________ _
Clay Lewis Jenkins Date, _________ _
Dallas County Judge
Date _________ _
Page 9 of 9
72
ATTACHMENT A
Payment Provision and Work Responsibilities
For CSJ# 0918-11-073, the State will pay $3,500,000.00 from the SH 121 Subaccount for Lawson Road from Scyene Road to US 80 to rebuild the roadway.
In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make the payments for the following work 30 days after an executed agreement, but not prior to the Fiscal Years shown:
Fiscal Expenditure Year
Preliminary Right of Utilities Construction Engineering Way
. A<:guisition
2009 $0.00 $0.00 $0.00 $0.00
2010 $0.00 $0.00 $0.00 $0.00
2011 $400,000.00 $0.00 $0.00 $3,100,000.00
2012 $0.00 $0.00 $0.00 $0.00
2013 $0.00 $0.00 $0.00 $0.00
The Local Government shall pay a required local match of $0.00.
Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State. The notice shall certify that the Project has been completed, all necessary inspections have been conducted, and the Project is open to traffic.
Page 1 of 1 Attachment A
May 17, 2011
TO:
FROM:
SUBJECT:
Background
73
DALLAS COUNTY COMMISSIONERS COURT ADMINISTRATION
Dallas County Commissioners Court
Shannon S. Brown, Assistant Administrator~ Award Recommendation for sao 2011-007-5274 sao for Professional Construction Project Management and On Site Representation
Dallas County will utilize the services of a professional construction management firm to serve as the owners representative for the jail medical modifications project. Ten (10) firms responded to the solicitation to provide these services. Five (5) firms were interviewed by the evaluation committee. The evaluation committee has scored the firms based on their written proposal and interview. The purpose of this briefing is to recommend initiating contract negotiations with the most qualified firm as determined by the scoring process.
Operational Impact This project will improve access to medical and mental health services in the jail facilities. Programming will include pharmacy services, mental health service areas and dedicated beds for both males and females, infirmary beds for both males and females, and staff space. In addition, overall security at the Frank Crowley/Lew Sterrett complex will be enhanced and programming space for the Sheriff's Department will be relocated and improved. This project is necessary to meet the requirements of the Department of Justice in several areas.
The project involves sUbstantial interior renovation and phasing to accommodate existing operations. The owners representative will be responsible for the day-to-day interaction with the construction contractor and will review all requests for changes with the intent of minimizing change requests.
The evaluation committee was comprised of representatives from the following departments: Commissioners Court Administration, Engineering & Project Management, Facilities Management, Quality Assurance Jail Maintenance, Sheriff's Department, Dallas County Hospital District (Parkland). The MIWBE section was be scored by the Dallas County MIWBE Coordinator using the Dallas County MIWBE policy.
411 Elm Street, 3M Floor, Dallas, Texas 75202 [email protected] 214-653-7650
Commissioners Court May 17, 2011
74
Award Recommendation for SOQ 2011-007-5274 Page 2
The evaluation committee scored the firms based on the following criteria included in the SOQ:
Qualifications and Experience Quality of Response and Approach M/wBE participation Total
40 pOints 45 points 15 points 100 points
The results of the scoring indicate that six (6) firms presented solid experience and competent teams, with less than a three (3) point spread among the scores. Based on the resulting scores, the evaluation committee recommends the following ranking of proposals for this project to move forward into contract negotiations:
1. Hill International, Inc. 2. Broaddus & Associates, Inc. 3. Aguirre Roden 4. Carter Goble Lee, LLC 5. Jones Lang LaSalle 6. Vanir Construction Management, Inc.
Financial Impact This project is funded through Dallas County's MCIP Fund. The final cost for construction project management will be negotiated with the firm selected through the qualifications process.
Legal Impact This solicitation was conducted under Government Code, Chapter 2254.004. The District Attorney's Office, Civil Division will assign an attorney to prepare the contract documents and participate in negotiations. In the event a contract cannot be negotiated with the recommended firm, negotiations will be formally terminated and negotiations will begin with the second rank firm. This process will continue until an acceptable contract is reached.
Strategic Plan Compliance This project supports Objective 5.3 of the Dallas County Strategic Plan by improving the appearance and effectiveness of County facilities.
Recommendation The evaluation committee recommends initiating contract negotiations for SOQ 2011-007-5274 SOQ for Professional Construction Project Management and On Site Representation with Hill International, Inc., in accordance with Government Code, Chapter 2254.004. In the event the County cannot reach an agreement with the selected firm by negotiation of a contract within thirty (30) days, the county may formally end negotiations by written notification to the firm. At the County's discretion, the County may than choose to enter into negotiations with the next most highly ranked firm and attempt to negotiate a contract with that firm. The process will continue until the County has successively negotiated a contract or rejects all proposals from award consideration.
May 14, 2011
75 DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION
TO: Commissioners Court
THROUGH: R~rown, Budget Officer
. FROM: Office of Budget and Evaluation Staff
SUBJECT: Conference/TravelfTraining Requests
The following departments have requested approval for Conference/TravelfTraining. Additional documentation is available for further reference.
Elected Officials/Departments notifying Commissioners Court of Conference/Travel/Training fund requests that do not require Commissioners Court approval under State Statues
Probate Court #1 - notifies Commissioner Court of Paula Pittman attendance at the Texas College of Probate Judge Conference in Galveston, Texas from June 8 -11, 2011. The total estimated cost to attend is $924 ($240 - mileage; $227 - hotel; $105 - meals; $325 - registration fees; and $30 - parking). Funding is availahle in the Probate Escrow Funds 532.21667.
Elected Officials/Departments requesting Conference/Travel/Training approval for funds that have Commissioners Court authority
Office of Information Technology - requests approval for Richard Ballard, Kimberly Brown, Kimberly Thomas and Dang Dinh to attend the Odyssey TX Seminar in San Antonio TX, on May 11th and 12th 2011. Benefits of the seminar include: 1) training to support end user community; 2) information on new functionality and features; 3) networking with other Texas Counties on how they are utilizing Odyssey to increase efficiency. The total estimated cost is $2,900 ($900 - seminar fee; $1,000 - hotel; and $1,000 - airfare). Funding is available within the Information Technology department's budget for Business Travel (195.1090.4010).
411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-65] 7. r1watkins(a)dallascoLlQty,QIg
76 Criminal Justice - requests approval for Judge Lela Mays, Judge Richard Magnis, Bin Abebe, Kristina Geiser, Gail Dawson, and Patricia Scali to attend tbe NADCP 17'h Annual Drug Court Training Conference July 16 - 20,2011 in Washington, DC. The estimated cost to attend is $18,260, $3,043 per person ($4,200 - airfare $700 per person; $7,200- hotel; $2,400 - meals; $450 - ground transportations; $360 - airport parking; $3,300 - registration fees; and $350-baggage fee for one bag roundtrip). Funding is available 532.4020.21393.
193rd Civil District Court - requests approval for Ira Rhone to attend a Leadership for Support Staff Conference in Galveston, Texas from June 7 - 10, 2011. The estimated cost to attend is $920 ($296 - mileage; $303 - hotel; $106 - food; and $215 - registration fees). Funding is available in the department's DDA (120.4165.2230).
County Clerk - requests approval for the following:
a) John Warren to attend the 2010 NACO Annual Conference and Exposition in Portland, Oregon from July 16-20, 2011. The total estimated cost to attend is $2,666 ($539.40-airfare; $760.50 - hotel; $250 -- food; $465 - registration; rental car $500; $50 - baggage fees; and $100- ground transportation). Funding is available in the County Clerks Escrow Records Management Fund. This request was originally briefed and approved on April 19,2011. The estimated cost increased by $550 to include rental car and baggage fees.
b) Darryl Martin, Commissioners Court Administrator, to attend the 2010 NACO Annual Conference and Exposition in Portland, Oregon from July 15-18,2011. The total estimated cost to attend is $2,073 ($520 - airfare; $760.50 - hotel; $250 - food; $465 -registration; rental car $500; $50 - baggage fees; and $100- ground transportation). Funding is available in the County Clerks Escrow Records Management Fund. This was originally briefed and approved on April 19,2011. The estimated cost increased by $50 to include baggage fees.
Sheriff's Office - requests approval for Netora Harley and Paul Lehmann to attend the TrainingInternational Association of Law Enforcement Instructors Training in West Palm Beach, Florida from May 20-29,2011. There is no cost to Dallas County for staff to attend.
Constable Precinct 5(Villareal) - requests the following:
a) Deputy Jesus Mancillas to attend a Law Enforcement Management Institute of Texas Training in McKinney, Texas from May 11-13, 2011. A county vehicle with a gas credit card will be used. The estimated cost to attend is $25 for registration fees.
b) Deputy James Edwards to a Law Enforcement Management Institute of Texas Training in McKinney, Texas from May 11-13,2011. A county vehicle with a gas credit card will be used. The estimated cost to attend is $75 for registration fees.
Texas Agriculture Extension - requests approval for the following:
a) Wenhsing Cheng job related mileage reimbursement in the amount of $26.01 for travel to Denton, Texas to the TAPE Board Meeting on April 28, 2011. Funding is available within department's budget.
b) Wenhsing Cheng job related mileage reimbursement in the amount of $99.96 for travel to Paris, Texas for the 4-H Fashion Show Paperwork Judging on April 18, 20ll. Funding is available within department's budget.
77 c) Wenhsing Cheng job related mileage reimbursement in the amount of $73.95 for travel to
Commerce, Texas to the District 4-H Fashion Show on April 30, 2011. Funding is available within department's budget.
d) Wenhsing Cheng job related mileage reimbursement in the amount of $63.75 for travel to Princeton, Texas to the District TEEA Cultural Arts Retreat and Meeting on April 19, 2011. Funding is available within department's bUdget.
Constable Precinct 4 (Williams) - requests the following:
a) Deputy Dale Jacobs to attend the Justice Civil Process Training School in Rockwall, Texas on May 18, 2011. The cost to attend is $100. Funding is available in 532.0.21361.
b) Sergeant Jason Johnson to attend Collin County Law Enforcement Academy in McKinney, Texas from May 25 - 27,2011. The cost to attend is $50. Funding is available in 532.0.21361.
c) Deputy Jason Johnson to attend TCLEOSE Firearms Instructor Training from October 31 - November 4,2011 at the Collin County Law Enforcement Academy in McKinney, Texas. The cost to attend is $80. Funding is available in 532.0.21361.
Tax Assessor/Collector - requests the following:
a) John R. Ames, Tax Assessor/Collector and Debbie Jones, Motor Vehicle Director, to attend the 2011 TIADA Annual Conference and Expo held in Horseshoe Bay, Texas from July 17 - 20, 2011. The total estimated cost to attend for Mr. Ames is $407.88 ($337.08 - hotel and $70 - food). The total estimated cost to attend for Ms. Jones is $514.18 ($337.08 - hotel; $ 70 - food; and $107.10 - mileage). Funding is available in the Tax Assessor's Runner Permit Account.
b) Wendy Fuqua, Norman Kasal, and Betty Holland to attend the TAAO Ethics Class held at the Dallas Central Appraisal District on September 19 - 20,2011. The cost for staff to attend the class is $250. The Ethics class offers continuing education credits which are needed for the individual's state certifications as Tax Assessor/Collector to remain current. Funding is available in the Tax Assessor's VIT.
Notifying Commissioners Court of Conference/Travel/Training funds used by Grant Programs
Health and Human Services - requests approval for the following:
• Mariama J anneh and Gabriela Cantu to attend the Society for Healthcare Epidemiologists of America 2011 in San Marcos, Texas from April 1- 4,2011. The registration cost for attending is $100 ($50 each). Funding is available in PHP grant #8723.
• Sherry Hartford to attend a training for HOYO Program in TDHCA Headquarters in Austin, Texas from May 23 - 24, 2011. The total estimated cost to attend is $306.96 ($201.96 - mileage; $70 - hotel; and $35 - food). Funding is available in Bond Funds 9803 - HLCC/09739.
78 • Tienna Cooper and Kristen Jones to attend a ISTDI course in Houston, Texas from May 6
- 17, 2011. The total estimated cost to attend is $41,779.35 ($800 - airfare; $2,187.90; $840 - food; $221.45 - car rental; gas - $210; and $520 - parking and baggage fees). Funding is available in YD Epidemiology grant #8706.
• Tameka Sutton to attend the FDA Screening Methodologies for Bacillus Anthracis and Yersinia Pestis in Jamaica, New York from June 20 - 24,2011. There is no cost to Dallas County for staff to attend. Any incidental cost incurred from travel will be charged to CPS Bioterrorism Lab grant #8720.
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DALLAS COUNTY DALLAS COUNTY OFFICE OF BUDGET AND EV:AJBlJATIOrf COURT
II HAY I I AM 9: 51+
May 17, 2011
TO:
FROM:
SUBJECT:
Commissioners Court
Ry!rBrown, Budget Officer
Hiring Freeze
The Dallas County Commissioners Court authorized a "rolling 90 day hiring ti'eeze" for the Fiscal Years 2009 through 2011. Under the "rolling 90 day hiring freeze" any position that becomes vacant must be held vacant for 90 days in addition to the normal encumbrance (paid vacation and compensatory time). Any Elected Official wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must notify Commissioners Court of their intent to fill the position. Any Department Head wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must receive Commissioners Court approval before they can fill the position.
For May 17, 2011 two (2) Elected Officials and three (3) Department Heads desired to have their requests related to the "rolling 90 day hiring freeze" be briefed to Commissioners Court.
Elected Officials notifying Commissioners Court of their intent to fill a position before the expiration of the "rolling 90 day hiring freeze".
County Clerk - The County Clerk's Office desires to notify Commissioners Court of their intent to fill the following positions prior to the expiration of the "rolling 90 day hiring freeze": 1) Data Entry Clerk I, grade 5, position #645 working in the Criminal Division; 2) Clerk II, grade 6, position #s555 and 620 working in the Criminal Division; 3) Data Entry Clerk I, grade 5, position #539 working in the Civil Division; 4) Clerk III, grade 7, position #667 working in the Civil Division; 5) Process Support Supervisor, grade A, position #8747 working in the Probate Division; 6) Clerk II, grade 6 position #s547 and 629 working in the Probate Division. Filling the 8 positions listed before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $69,235 in savings opportunity.
District Clerk - The District Clerk's Office desires to notify Commissioners Court of their intent to fill the following positions prior to the expiration of the "rolling 90 day hiring freeze": 1) Clerk I, grade 5, position #3616 working in the 305'h Juvenile District Court; 2) Clerk II, grade 6, position #s 3649 and 5181 working in the Family Division as part of the "digital courts" team; and 3) Clerk II, grade 6, position #3673 working in the 24 hours, seven day a week criminal Magistrate Court. Filling the 4 positions listed before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $33,032 in savings opportunity.
411 Elm Street - 3rd Floor, Dallas Texas 75202-3340
(214) 653-6384 • Fax (214) 653-6517 • rwbIQ.lc\rn(a;dallascounJ:y,l2rg
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Department Heads requesting Commissioners Court approval to fill a position before the expiration of the "rolling 90 day hiring freeze".
Public Defender - The Public Defender Department requests Commissioners Court approval for an exception to the "rolling 90 day hiring freeze" for the Attorney II, position #8283 working in the County Criminal Court # 9. Since Public Defenders are cost effective compared to Court Appointed Attorneys this exemption will result in a savings to the County.
Juvenile Department - The Juvenile Department requests Commissioners Court approval for an exception to the "rolling 90 day hiring freeze" for the Deputy Director Administrative/Educational Services, grade 0, position # 9988 and the Budget and Contract Manager, grade I, position #2725 due to the resignations of the incumbents. The Deputy Director Administrative/Educational Services functions as the administrator for both the Charter and Juvenile Justice Alternative Education Program. The Budget and Contract Manager is responsible for the preparation of the Departments Budget including monitoring and managing the monthly expenditures. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $46,725 in savings opportunity.
Public Works - The Public Works Department requests Commissioners Court approval for an exception to the "rolling 90 day hiring freeze" for the following positions: 1) Project Manager, grade PE1O, position #3992 due to the resignation of the incumbent; 2) Office Manger, grade A, position #270 due to the promotion of the incumbent; and 3) Senior Secretary, grade 8, position #7067 due to the promotion of the incumbent.. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $45,607 in savings opportunity.
1)
2)
3)
4)
81
May 17,2011
MISCELLANEOUS
GOVERNMENTAL AFFAIRS - requests approval to file a Certificate of Continuing Education issued by tbe LBJ School of Public Affairs, in cooperation with the Texas Association of Counties, for County Judge Clay Lewis Jenkins.
(Please Refer to Information Item No.3)
HEALTH & HUMAN SERVICES - requests approval for the reduction of the discretionary County match amount for the Immunization Branch-Locals grant, Contract No. 2011-036727-00IA to $100,000.
(COURT ORDER ON FORMAL AGENDA)
FACILITIES MANAGEMENT - requests approval for additional funds, in the amount of $3,200, to remove / replace the building entry, sidewalks, concrete rain gutters and curbs / gutters adjacent to the building at the North Dallas Government Center, that was originally briefed on March 8, 20 II to bring the building up to ADA requirements and to change the entry fire lane to concrete from asphalt. The project total is $93,200 and will continue to be funded out of 126.5590.1150.70021 (Permanent Improvement Fund, Other Professional Fees, Other, North Dallas Government Center). Recommended by the Office of Budget and Evaluation.
IT SERVICES - requests approval:
a) to purchase eight (8) hours of labor from Qnet Inc. for removal of obsolete rechargeable batteries from County facilities at a cost of $440. The batteries, from old IT equipment, will be taken to Oak Cliff Metal in Dallas for disposal. The County will also receive certifieation from them that the batteries were disposed of in a proper manner. Funding is available within the IT Budget 195.1090.6520 (Major Technology Fund, Maintenance Contracts). Recommended by the Office of Budget and Evaluation.
b) to pay Ricochet Cabling Company for service provided on April II, 20 II for a total amount of $75 to troubleshoot CAT5 network cable connectivity. Funding is available within the IT Budget 195.1090.6540 (Major Technology Fund, Data Processing Contracts). Recommended by the Office of Budget and Evaluation.
05/17/11
82
MISCELLANEOUS EQUIPMENT
Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners COUlt Authorization.
(1) DEPARTMENT: 1035 ITEMS: ESTIMA TED COST: FTJNDING 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:
PROPOSED ACTION:
05/17111
Tax Assessor/Collector 1 - Update Registration $155 Within Budget 120.1035.5590.0 (General Fund, Tax Of1ice, Dues and Subscriptions) The Tax Assessor/Collector requests to update Mr. Kasal's registration for the TD LR -Property Tax Professional licensing and regulation annual membership. Making the requested change will allow Mr. Kasal to take necessary classes for certification as a registered Tax Collector (RTC) at a discounted ratc. The Property Tax classes will enhance Mr. Kasal's education and add value to the Tax Of1ice. Recommended by the Of1ice of Budget and Evaluation.
County Treasurer 1 - Wooden Table 4 - Chairs N/A Surplus Surplus The County Treasurer's Offiee is requesting authorization to transfer the listed items from surplus to their Department. Recommended by the Of1ice of Budget and Evaluation.
Facilities Management 2 - 8x 1 0 Workstation ($620 each) $1,240 Within Budget 105.2540.2640 (Road and Bridge Fund, Road Precinct #4, Maintenance / Labor on Building /Of1ice) Facilities Management requests approval to pay the expense associated with the transfer of two surplus modular workstations from the of1ices at R&B4 to staff offices at the Administration Building. Recommended by the Of1ice of Budget and Evaluation.
(4) DEPARTMENT: ITEMS: ESTIMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(5) DEPARTMENT: ITEMS:
ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(6) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:
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Facilities Management I - Steel Folding Gate ($160) $160 Within Budget 120, I 022,2670 (General Fund, Facilities, Maintenance) Facilities Management requests authorization to purchase the above listed item(s) at a total cost of $160. The steel folding gate is to be used at SWIFS to be installed into an elevator as it is considered a security breach without it. Recommended by the Office of Budget and Evaluation,
Facility Quality Assurance Team 3 - Boiler Parts ($103 each) 15 - Fasco Electric Motor ($126 each) 16 - Red LED Wall Clock ($184 each) $5,327 Within Budget 120, I 028,2670 (General Fund, Facility Quality Assurance Team. Maintenance)
, Facility Quality Assurance Team is requesting authorization to purchase the above listed items at a total cost of $2,199. The three (3) boiler parts are needed as replacements for boilers at the North Tower. The fifteen (15) electric motors are needed for HV AC repairs at the Frank Crowley facility, The sixteen (16) wall clocks are needed as replacements and inventory for the clocks in the Frank Crowley Court Rooms, Recommended by the Office of Budget and Evaluation.
Building Security 1 - Refrigerator, white, 2-door $0 Surplus Surplus Building Security is requesting authorization to transfer the above listed items from surplus inventory to the employee break room at the George Allen facility so that the employees that report through this location will be able to store food items during shifts, Recommended by the Office of Budget and Evaluation,
(7) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(8) DEPARTMENT: ITEMS:
ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(9) DEPARTMENT: ITEMS:
ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:
(10) DEPARTMENT:
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84
Fire Marshal 1 - Front Bumper Nozzles ($175) $175 Within Budget 120.3342.2590 (General Fund. Fire Marshal, County Auto Maintenance) Fire Marshal is requesting authorization to purchase the above listed items for a total cost of$175. The front bumper nozzles are needed for the Brush Truck that was damaged while fighting fires in West Texas. Recommended
.. by the Office of Budget and Evaluatiol1,
Office of Information Technology 10- Speaker Sets for Desktops ($30 each) 3 - Multifunction Memory Card Readers ($34 each) . $402 Within Budget 195.2093.92055 (Major Technology Fund, Computer Hardware Less Than $5,000, Hardware Refresh) Office of Information Technology IS
requesting authorization to purchase the above listed items for a total cost of $300. The ten (10) speaker sets are needed by various groups for listening to computer audio files such as court case information and training documentation. The three (3) multifunction memory card readers are needed by two departments for interfacing portable device memory cards into existing desktop computers. Recommended by the Office of Budget and Evaluation.
Sheriff Department I - 3 Drawer File Cabinet with rollers 1 - 5 Drawer File Cabinet N/A Surplus Surplus The Sheriff s Office is requesting authorization to transfer the above listed items from surplus to their Department. Recommended by the· Office of Budget and Evaluation.
Health & Human Service - TB State
ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(11) DEPARTMENT:
ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(12) DEPARTMENT:
ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(13) DEPARTMENT:
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85
2- Chair $340 Within Budget 466.0000.02090.2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY201 ]) The Health & Human Services Department is requesting authorization to purchase the above listed items for the TB State - Grant #8701, which was court, ordered on August 24, 20 I 0 and assigned court order number 2010 - 1394. Recommended by the Office of Budget and Evaluation.
Health & Human Service - TACAA Oncor Energy 1 - Shelf Bookcase $240 Within Budget 466.0000.02090.2008 (Grant Fund, Health & Human Services, Property less than $5,000, FY201!) The Health & Human Services Department is requesting authorization to purchase the above listed item for the T ACAA - Grant. #8502, which was court, ordered on November 30, 2010, and assigned court order number 20 I 0 -1965. Recommended by the Office of Budget and Evaluation.
Health & Human Service - Ryan White HIV/AIDS 1 - Tackboard $139 Within Budget 466.0000.02160.2011(Grant Account, Health & Human Services, Property less than $5,000, FY2011) The Health & Human Services Department is requesting authorization to purchase the above listed items for the Ryan White HlV/AIDS, which was court, ordered on March 15, 2011, and assigned court order number 2011 - 515. Recommended by the Office of Budget and Evaluation.
Health & Human Service - Strengthening Public Health Infrastructure
ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(14) DEPARTMENT:
ITEMS:
ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
(15) DEPARTMENT: ITEMS:
ESTIMATED COST: FUNDING SOURCE:
0511711 I
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I - Desktop Computer $1,300 Within Budget 466.0000.086302011 (Grant Fund. Health & Human Services. Property less than $5.000. FY2011l The Health & Human Services Department is requesting authorization to purchase the above listed item for the Strengthening Public Health Infrastructure - Grant #8903, which was court, ordered on October 10, 2010, and assigned court order number 2010 1714. Recommended by the Office of Budget and Evaluation.
Health & Human Service - Cities Readiness I Initiative 3 - Service for Clear Modem 1 - Service Activation for Clear Modem $400 Within Budget 466.0000.05499.2011 (Grant Fund, Health, & Human Services, Property less than $5,000. FY2011l The Health & Human Services Department is requesting authorization to purchase the above listed items for the Cities Readiness Initiative - Grant #8725, which was court, ordered on July 27, 2010, and assigned court order number 2010 - 1229, Recommended by the Office of Budget and Evaluation,
Sheriff Department - Fleet Operations 2 - Installation and Purchase of new and used equipment and accessories for VCU Tahoe's for regular duty 3 - Accessories, parts, labor, installation, and shipping for prisoner partitions to be installed on 3 vehicles 2 - Parts, labor, installation and shipping for supply & installation 2 scene lights 6 - Parts, labor installation and shipping for supply for 6 lights to be removed and re-wired to run off power inverter $21,052 Sheriff Federal Forfeiture Account
EXPENDITURE SOURCE:
PROPOSED ACTION:
(16) DEPARTMENT: ITEM: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:
PROPOSED ACTION:
87
532.0000.2650.910002 (Escrow Account, Sheriff Department, Property less than $5,000, FY20ill The Sheriff Department, is requesting authorization to purchase the above listed item for the vehicles in the fugitive section. Recommended by the Office of Budget and Evaluation.
Community Supervision 1 - Replacement Copier ($118,29 month) $1,420 Within Budget 120.3320.7020 (General Fund, Community Supervision, Equipment Rental) Community Supervision is requesting authorization to replace their existing copier due to the old contract expiring April 30, 20 II. Recommended by the Purchasing Department.
TELECOMMUNICATIONS
R&B 1- requests: Ml104020 - voice drop for employee relocating to administration building. Equipment $0.00; Installation $115.00; Recurring Cost $0.00 - Recommended
Dl104006 - data drop for employee relocating to administration building. Equipment $0.00; Installation $207.16; Recurring Cost $0.00 - Recommended
Elections - Ml105007 - requests two voice drops for modems that will be used for local general election. Equipment $0.00; Installation $400.00; Recurring Cost $0.00 -Recommended
Sheriff Department - requests: Ml105009 - I voice drop and multi-line display phone for Chief Cheryl Wilson who is moving to another office. Equipment $76.00; Installation $200.00; Recurring Cost $0.00 -Recommended
Dl105001 - I data drop for Chief Cheryl Wilson who is moving to another office. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended
Quality Assurance - requests: Ml105010 - I voice drop for the Transportation Unit office. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended
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D1105002 - 1 data drop for the Transportation Unit office. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended
• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.
• Projects are funded by requesting department, if otherwise it will be stated in brief.
• Cell Phone funding is provided by the requesting department and is stated.
• Pagers are funded from department 1023, line item 7214.
05/17111
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