DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

ITEMS FOR THE JANUARY 6th BRIEFING, BOTH FORMAL ANDBRIEFING SESSION, MUST BE SUBMITTED NO LATER THAN

4:00 P.M. ON WEDNESDAY, DECEMBER 24,2003

December 9, 2003

REPORTS/RECOMMENDATIONS/REOUESTS

1) SHERIFF'S DEPARTMENT

PAGE NOS.

Traffic Enforcement Round Up N/APresentation by Cary Platt

(COURT ORDER ON FORMAL AGENDA)

2} COUNTY AUDITOR & COUNTY TREASURER

Credit Card Receipting and Bank of America 5-7

3) ENGINEERING and PROJECT MANAGEMENT

Old Red Courthouse Preservation & Restoration - ConstructionPhase I - Change Oder No.7 8-10

(COURT ORDER ON FORMAL AGENDA)

4) MANAGEMENT INFORMATION SYSTEMS

TLI Web Site Transition

5) PUBLIC WORKS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 11-36

a) Installation of Traffic Control Devices ..... 37

b) Abandonment of 24' x 60' Drainage Easement onBeltline Road (now Robinson Road) Project 490-434

(IH 20 to Camp Wisdom), Parcel36A 38-42

-L

6) HEALTH and HUMAN SER\;lCES

a) Reallocation of FY 2003-2004 Ryan White C.AR.E.Act Title I Contract Funds for Dallas County HealthDivision 43-45

b) Letter of Agreement with Northgate United MethodistChurch and Baylor Medical Center of Irving 46-49

7) HUMAN RESOURCES/CIVIL SERVICE

a) Policy Revision - Political Activity 50-52

b) Renewal to Elect Exemption Self-Funded HealthInsurance Program 53-54

8) CRIMINAL DISTRICT ATTORNEY

President's Family Justice Center Initiative 55-59

9) PURCHASING

a) Annual Contract for Pre-Sort Mailing ServicesBid #2202-064-1083 60-62

b) Workers Compensation Insurance, Bid No. 2003-133-1384Annual Contract for Residential Mechanical Services 63-69

(COURT ORDER ON FORMAL AGENDA)

10) OFFICE OF BUDGET & EVALUATION

a) Title Changes for Positions Reporting to the CommissionersCourt Assistant Administrator 70

b) District Attorney Prosecutor Longevity Pay 71-72

II) Performance Forum at 2:00 p.m. Handout

12) Miscellaneous, Travel Requests, Miscellaneous Equipment,and Telecommunications Requests 73-78

t3) Pl Hue eO\L\IE~TS

Speakers

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

Letter to Sheriff Bowles

Letter to Judge Sepulveda

DATE(s) TO REMEMBER

1WENTIETH ANNUAL CHRISTMAS FISH FRY

Thursday, December 11, 200311a.m. - 2p.m.

Road & Bridge District 12311 Joe Field Road,

Hosted By:Commissioner Jim Jackson

Road and Bridge Superintendent Mike SharpRSVP to (972)-247-1735 or (214)352-8976

Thirteenth Annual Kwanzaa Fest

Saturday. December 13th lOam· 8pmSunday. December 14th lOam· 6pm

Held at the Fair Park Automobile Buildin~

1010 First AvenueDallas. TX 75215

Hosted By:Commissioner John Wiley Price

for Information Please CaU:(214) 653-6671

N/A

ANNUAL HOLIDAY LUNCHEON

Thursday, December 18, 200312:30 p.m. until 1:30p.m.

Road and Bridge District 31506 East Langdon Road

Dallas, Texas 75241Hosted By:

Commissioner John Wiley PricePlease RSVP by Friday, December 12,2003

(972)-225-2378

HAPPY HOLIDAYS!!

Thursday and FridayDecember 24th and 25th

Christmas Holiday

NO COURT THE WEEK OFDECEMBER 23, 2003 and DECEMBER 30, 2003

Dallas Countv~

A.uditorDallas Countv

~

Treasurer

TO:

FROM:

DATE:

Commissioners Court

Virginia Porter, County AuditorLisa Hembry, County Treasurer

November 25, 2003

i 1n

Iw

o, )

RE: Credit Card Receipting and Bank of America

In 0 rder to facilitate new e -government initiatives and effect seamless migration from currentcredit card processing vendor, TexasUOcal Interactive (TLl), we reviewed available options toselect a new vendor. The most optimum solution as determined by the Finance Committee wasto finalize negotiations from an open 1998 RFP.

The Bank of America bid was determined most susceptible. Dallas County needs were analyzed,a time line was established and operational/accounting options w'ere evaluated. All informationreceived from the bank is marked "confidential".

BackgroundAn RFP for county-wide credit cards solution was opened in 1998 with two vendor responsesreceived and held pending. An internet contract award for electronic government portal serviceswas approved with TLl in 2000. The services included were web management and credit cardprocessing activity (authorization, date collection and funds settlement) for e-governmenttransactions. The contract for internet collections and web management with TLl expiresDecember 18, 2003 unless the proposed two month agreement is approved.

Solution for Credit Card ReceiptingA decision to separate web and interactive voice recognition (IVR) management from credit cardfinancial processing allows the County to contact with Bank of America for card authorizationand funds settlement. The County's transition from TLl includes in-house management of datacollection on the internet or through rvR programming. Compatible programming or interfaceswill allow for data exchange of credit card information directly with the County depository bank.

In order to enhance controls and a successful transition from TLl to Bank of America we suggesta phased approach as follows:

Credit Card collections:Phase 1 - a) MasterCard and Visa

b) Internet and rvR

::::c111 ':.1fJ :Z:~:::lp[jng"'HhBarJ( ur .\menca\'uvember ~5. ~003

Phase 2 - a) Point of Service (PaS)b) Debit cardc) American Express and Diners Carad

Phase 3 - Upgrade/Implement County-wide central receipting

The above options are recommended because the credit card associations Visa and MasterCardare most uniform and easiest to subcontract through a bank. American Express is more costlyand requires a separate contract. Payments made through the Internet or IVR provide aconvenience to payors therefore enabling the County to assess a convenience fee. pas generallyinclude side by side cash and credit collection and preclude assessment of a convenience fee.The County would then bel iable for all banking and discount fees without a funding source.Debit cards are more problematic and costly than credit cards. We recommend selection of civilcourts system, evaluation of central receipting systems and testing of overall controls in astructured environment.

FinancialBanking fees are estimated based on historical data. The financial applications projected for thisprogram are:

I) Property tax2) lP activity3) Auto-cite ticketing4) Selected County and District court activityCertain other applications such as vehicle registrations and civil filing for County Clerk will bemanaged by TxOnLine.

LegalThe Civil Section of the District Attorney has participated in all phases of the RFP and contractnegotiations. Bank of America lawyers have reviewed the contract drafts and providedinformation regarding merchant agreements with the contract providers.

LGC was amended during the last legislation to provide for reasonable assessment/recovery ofcosts for internet activity. LGC 130.0045. Credit Card Payment Processing Fee provides that thefee set by the assessor-collector for processing the credit card may not exceed five percent of theamount of the tax.

BenefitsCollection of funds due the county by credit card are necessary to continue e-govemmentinitiatives such as auto-cite ticketing. Consumers expect and require credit cards as an additionalpayment instrument. Benefits attributable to contracting with the County's depository bankinclude:

• improved settlement processes and timing• more control over credit chargebacks

• consolidated financial function within depository bank• opportunities regarding interfaces with county's financial systems/bank reconcilitations• opportunities regarding interface with county-wide central receipting system• opportunities regarding ACH transfers between accounts• opportunities to expand pas as systems are provided and approved

Outstanding Issues

In order to complete a transition from TLI to Bank of America by February 2004, the followingissues must be addressed:

• Sign a novation agreement - BOA Merchant Services to BOA Corp• Notify EDS - bid for web management and IVR not required• Establish and pre-fund reserve accounts at the bank• Establish the environment and bring web management/IVR in-house• Allow sufficient testing of interfaces between BOA and the County• Confirm finances and fees• Finalize and execute the contract

Recommendation

The Dallas County Finance Committee recommend that legal and technical resources beallocated to resolve the outstanding issues, The proposed contract between Dallas County andBank of America will be submitted for your consideration and approval,

::=>

DALLAS COUNTYENGINEERING AND PROJECT MANAGEMENT

December 9, 2003

To:

From:

Through:

Subject:

Commissioners Court

Bernard Blan7'

Dan SavagW£sistant Administrator for Operations

Rationale for Briefing and Court Order on Same DayOld Red Courthouse Preservation & Restoration - ConstructionPhase I - Change Order No.7

Same day briefing and court order would expedite the work items contained in Change OrderNo.7 and the timely completion of the project.

George L. Allen Sr. Courts Building600 Commerce St., 9th Floor, Suite 900 Dallas, Texas 75202-6633

e-mail: jroweia!dallascountv.org

Tel: 214-653-6728Fax: 214-653-6729

DALLAS COUNTYENGINEERING AND PROJECT MANAGEMENT C-. f': .......

., , ,.., - '?'"' F'I

1 I /: '": -<.

December 9,2003

TO:

FROM:

SUBJECT:

Commissioners Court

Bernard E. Blanton f.(9

Old Red Courthouse Preservation & Restoration - Construction, Phase I - Change Order No.7

BACKGROUND:

Court Order No. 2001-0194," 2001- 761," 2001-1481," 2002- 906," 2002-2209," 2002-2210," 2003- 479," 2003- 709," 2003-1427," 2003-1924,

01-23-0104-17-0108-07-0105-14-0212-03-0212-03-0203-18-0304-22-0308-12-0310-14-03

AlE Design Services Contract with James Pratt ArchitecturelUrban Design, Inc.Demolition Contract with Global Advantage.Abatement Contract with ICE Contractors.Construction Contract with Haws & Tingle, Ltd.Change Order No. I: Revise wood window installation schedule.Change Order No.2: Add Kennedy Plaza Parking Garage Ramp Modifications.Change Order No.3: Unknown conditions uncovered in the demolition processChange Order No.4: Revise admin offices, southwest quadrant, 151 floor.Change Order No.5: Labor for additional floor testing. Stairwell lighting.Change Order No.6: Structural floor & ceiling repairs recommended by Datum

This is the results of final detailed testing as outlined and performed by Datum Engineers, Inc. involving the direct application ofmeasured weight to the last bays of clay tile flooring/ceiling supported between the structural I beams of the 2nd

, 3rd and 4th floorlevels. Proposed Change Order No. 7 identifies the final portion of the flooring that has been fully tested. and requires replacement.Upon completion of the ongoing replacement work, Engineering & Project Management shall finalize and total all additional floorrepairs added to the construction contract as a result to the work performed during Phase I construction.

Total Phase 1 construction to include this additional work and cleanup is approximately 95% complete.

IMPACT/OPERATION: The following items added to the construction contract by the Design Architect during the final Punch ListInspection and final detailed testing analysis performed by the Structural Engineer:

DAYS AMOUNTCHANGE ORDER NO.77.1 Ceramic floor tile to complete south porch specified supplied by owner, furnished and

installed by contractor at Owner's request.Owner Request; PR No. 36

7.2 Scope of work structural revisions by the Datum Engineers, Inc. requiring contractorfurnish additional materials for repairs as identified in Change Order No. 6.1.Ref.: Haws & Tingle, PR No. 34-R-2 dated 10/06/03.

Architect Request; PR No. 37

Add

Add

o

o

$ 450

1,375

7.3 Provide labor for Datum Engineers additional survey and load testing, 2nd, 3rd and 4th floor.

Ref.: Change Order No. 5.6, Haws & Tingle PR No. 31 dated 06/19/03.Architect Request; PR No. 38 Add o 3,200

7.3 Complete the additional work as identified by the Architect during the Final Punch List,Inspection, 11/24/03, not included in Phase I Construction Contract.

Architect Request; PR No. 39 Add 0

George L. Allen Sr. Courts Building Tel: 214-653-6730600 Commerce St., 9th Floor, Suite 900 Dallas, Texas 75202-6633 Fax: 214-653-6729

e-mail: bblanton@dallascounty.org

$ 13,306

December 9. 2003Old Red CourthouseChange Order No.7

CHANGE ORDER NO.7 Cont'd

74 Complete the additional concrete floor repairs as identified in final structural survey andanalysis by Datum Engineers.Ref.: Engineers drawings III18/03 and 1l/26/03

DAYS AMOUNT

Architect Request; PR No. 40

Total

Add

Add

10

10

28,908

$ 47,239

Request the total amount of $47,239 added to the construction contract. ten (10) additional days added to the interior masonry andconcrete restoration work. The total restoration contract completion date changed to read, December 10, 2003. Except as notedabove, all terms of the original contract agreement will remain in full force and effect.

LEGAL: N/A

MlWBE INFORMATION: N/A

FINANCIAL IMPACT: The total revised construction cost to complete Phase 1 is $6,402,847. Funds for the Old Red CourthousePreservation & Restoration Project were appropriated in the FY200 I, FY2002 and FY2003 Major Capital Improvement Fund, Fund196. FY2001 MCIP included $550,000 designated for Old Red Stonework and $5,700,000 for Old Red Restoration. Funds remainingin the FY200 I MCIP appropriations for Old Red Courthouse Renovation are $206,109 (this amount includes $462,500 inreimbursement received from the State of Texas grant for architectural services). FY2002 MCIP appropriated $2,000,000 for Old RedRenovation and $3,637,500 for Old Red Stonework. An additional $2,000,000 was appropriated in FY2003 for Old Red Restoration.With approval of Change Order No.7, total funds remaining for the Old Red Restoration Project (Renovations/Stonework)appropriations in Fund 196 (FY 200 1,2002 and 2003) are $5,638,032.

Original Contract AmountPrevious Change OrdersTotal Contract to DateChange Order No.7Revised Contract Amount

$5,939,791415,817

6,355,60847,239

$6,402,847

As a result of this Change Order No.7, $47,239 and ten (10) days added to the interior masonry and concrete restoration work. Thetotal restoration contract completion date changed to read, December 10.2003.

RECOMENDATION: Engineering & Project Management recommend Dallas County Commissioners Court authorize ChangeOrder No.7 in the amount of $47,239 and 10 additional days added to construction contract with Haws & Tingle, LTD. to completethe Old Red Courthouse Preservation & Restoration - Phase I and the County Judge to sign on behalfof Dallas County.

Dan Savage ?Assistant Administrator for Operations

George L. Allen Sr. Courts Building600 Commerce St., 9th Floor, Suite 900 Dallas, Texas 75202-6633

e-mail: bblanton@dallascounty.org

Tel: 214-653-6730Fax: 214-653-6729

DALLAS COUNTYCOMMISSIONERS COURT

r.'-j r - .... ") P" ~l,~' ,_ _ _ - '- j I 2: C~

Date:

To:

From:

Subject:

December 2,2003

Commissioners Court

John M. HennesseyMIS Director

TlI Web Site Transition

Background

The TlI contract with Dallas County ends on December 18, 2003 and TlI has statedthat they do not wish to renew the contract. TlI has agreed in principle to continue tooperate the County's website through February 20,2004 which represents the end ofthe primary Property Tax Payment period. The contract modifications have beenreviewed by the Dallas County Civil District Attorney and NIC corporate attorneys. Thecomments from the DA have been incorporated into the language which has beenreturned to NIC for review.

The Motor Vehicle Registration Renewal application has already been successfullytransitioned to TexasOnline. The Property Tax payment season has begun and willincrease through the end of January after which payments become delinquent.

Financial Impact

NIC requires that the County subsidize the 60 day Transition period from December 19,2003 through February 20,2004 at a cost of $75,000. In addition, the County canacquire the web file servers for a cost of $10,000 and obtain application training for$10,000. Total cost of the Transition period would be $95,000 payable to TlI in 2installments at the end of December 2003 and January 2004. The County will alsoreceive full access to the source code for future enhancements and modifications.

Schlumberger would absorb the service desk calls within the base contract. Help deskcalls average 30-50 per day for an estimated monthly volume of 1100 calls per month.Average monthly calls to the Schlumberger service desk are 3,488 per month. Addingthe website calls brings the total to 4,588 which is under the contract limit of 6,250 permonth,

Additional costs will be incurred for hardware and database support at an estimatedcost of $3,932 per month. Schlumberger one-time costs for service desk setup andtraining, Oracle transition and Sun server equipment transition are projected to be$21,000,

411 Elm Street Dallas, Texas 75202 214-653-7327

'2

Any development efforts would be completed using contractors on a time and materialsbasis with prior approval by the Court based on the CosUBenefit analysis of therequest.

CosURevenue Summary

I COSTS One Time MonthlyTLI Transition $75,000TLI Equipment $10,000TLI Training $10,000TLI Totals $95,000

SLB Service Desk $4,000SLB Server Monitor $1,125 $3,932SLB Oracle Transition $10,000SLB Unix Transition $6,000SLB Totals $21,125 $3,932TOTAL COSTS $116,125 $3,932

REVENUESWebsite Revenue (Avg) $400,000Convenience Fees (3% of $12,000website revenue)Merchant Fees (2% of ($8,000)website revenue)Net Revenue $4,000

Revenue less Expenses $68

Operational Impact

Initially the web site will be brought in-house with Sydney Fulbright, the County's webmanager, handling required maintenance. A detailed Transition plan has beendeveloped. The County will have to have a credit card arrangement with someprovider. TLI currently handles reconciliation of credit card transactions and payments.That function would need to be handled by staff in other departments.

Recommendation

It is recommended that Commissioners Court approve the Transition Agreement withTLI. Funding in the amount of $203,000 is available in the project budget in the MajorTechnology Fund to handle the one-time costs totaling $116,125 as well as any neededtime and material costs for programming changes that could not be handled by SydneyFulbright.

411 Elm Street Dallas, Texas 75202 214-653-7327

12 02/03 Transition Agreement

TRANSITION AGREEMENT BETWEEN TEXAS LOCAL INTERACTIVE, INC.

AND DALLAS COUNTY

This Transition Agreement is made and entered into by and between Texas Local

Interactive, Inc. ("TL!"), a Texas corporation and wholly-owned subsidiary of National

Information Consortium ("NIC"), and Dallas County ("COUNTY'), a political subdivision of

the State of Texas, acting by and through its Commissioners Court. County and TLI may be

referred to in this Transition Agreement individually as "Party" and collectively as "Parties."

I. OUTLINE OF THE AGREEMENT ESSENTIALS

1. The Parties entered into a contract for Network Manager Servic~s on December 19, 2000, as

authorized by Dallas County Commissioners Court Order. No. 2000-2483 (the "Original

Services Contract,"), wherein TLI agreed to serve as Network Manager to establish, develop,

operate and maintain an internet website and portal for the purpose of providing electronic access

to the public and other useful and relevant information and electronic transactions for

County;2.2.Pursuant to Section 30 ofthe Original Services Contract,

County has exercised its option for TLI to continue to operate under the Original

Services Contract as Network Manager during the Transition Period, namely until the end of

County's 2003 Property Tax Season, which will be until February 20, 2004_, and TLI has

agreed to continue so to operate, subject to the terms and conditions below.

3 County has agreed to payTLI a total of$95.000 during the Transition Period (See Exhibit C)in

two monthly payments, namely, $50,000.00 on or before December 31, 2003 and $45,000.00 on

DRAFT FOR DISCUSSIONPURPOSES ONLY.

or before January 31, 2004; and has agreed that III may continue to collect and retain the

convenience fees from transactions conducted during that time.

4. In addition, County will pay to ILl:

(i) A one-time translation charge for a Spanish text website in the amountofFour Hundred and Thirty-Six and 80/100 Dollars ($436.80); And

(ii) Translation charges of IVR Spanish services upon completion ofimplementation in an amount to be determined and approved byCounty, in writing, in advance;

5. County desires a license to use the Software and Licensed Products only in connection with

the operation of its County Portal (all as defined below), and ILl shall, upon receipt of such

payments in full, provide to County a for-use only license as described below to the Software,

and shall assign all the rights which ILl has in Third Party Software to County.

6. Definitions.

(a) "Authorized Contractors," means contractors engaged by the COUNTY to

assist in the maintenance and modification of the Licensed Products on behalf of and for use by

COUNTY for the Permitted Use only, who have executed written confidentiality agreements in a

form acceptable to ILl

(b) "Claims" means claims, actions, suits, proceedings, hearings, audits,

investigations or demands.

(c) "County Office" means any agency, authority, instrumentality, or

department of the County ofDallas, State of Texas.

2

(d) "County Portal" means the Internet accessible website provided by

COT.JNTY using the Software and Licensed Products of TLI that provides electronic access to

certain County functions and information.

(e) "Software" means a copy of the computer software program(s) used in the

generation of machine executable computer code, in object code for the development, operation

and maintenance of the County Portal, as described in the specifications set forth in Exhibit A,

attached hereto and incorporated herein by reference, developed by TLI or its affiliates and any

user manuals or documentation for the development, operation and maintenance of the County

Portal.

(f) "Licensed Products" means the Software licensed to County pursuant to

the license terms in this Agreement (excluding Third Party Software).

(g) "TLI Affiliates" means any entity controlled by, controlling, or under

common control with TLI.

(h) "Permitted Use," means the use and modification of the Software and

Licensed Products for the development, operation and maintenance of the County Portal only.

(i) "Portal Participation Agreements" means those agreements among TLI,

COUNTY, and County Offices, by which services or information were made available using the

capabilities of, or via access through, the COUNTY Portal.

(j) "Third Party Software" means software owned or developed by a third

party vendor as described in Exhibit B, attached hereto and incorporated herein by reference,

which is subject to the manufacturer's license terms and which has been used in connection with

the County Portal.

3

u. TRAl'ISmON OF THE ORIGINAL SERVICES CONTRACT ANDCONTINUAnON OF OPERAnONS DURING THE TRANSmON PERIOD

7 The following sections of this Transition Agreement shall survive its termination:

16,17,18,19,20,22.

8. COUNTY shall take all steps necessary to transfer or establish in its own name and account

prior to the end of the Transition Period the banking relationships established by TLI for the

direct administration of the revenues collected via the COUNTY Portal, (excluding any

company banking relationships necessary to continue to collect during the Transition Period

the convenience fees that TLI is entitled to retain in partial payment for its services),

including any merchant, ACH and depository accounts ("Accounts") used by the COUNTY

Portal. COUNTY shall be responsible for all administration, charge-backs, bad debts,

merchant fees and ACH fees incurred as of the date of County acceptance of the

responsibility of the management of the County Portal or the end of the Transition Period,

whichever is sooner.

Accounts.

The parties agree to fully cooperate in any transition of such

9. In further consideration of the payments to TLI as recited herein, TLI shall transfer and

assign to COUNTY, on an "AS IS" basis, any and all rights which it has, in and to such

Third Party Software COUNTY agrees that it shall comply with all terms, conditions and

restrictions of any Third Party Software transferred and assigned to it by 10. Effective upon

written notice to TLI, COUNTY shall assume the management and responsibility for the

development, administration, operation and maintenance of the COUNTY Portal, including

its marketing and all help desk and other support functions. Such written notice shall be no

earlier and no later than the end of the Transition Period. In the event that COUNTY fails to

give such notice, TLI shaH in any event cease providing its services to COUNTY as of the

date that is the end of the Transition Period.

10 COUNTY agrees that it shaH discontinue any and all use of any trademarks, trade names,

logos, and other brand identifiers developed by TLI, its affiliates, subsidiaries or parents for

application across multiple portals as described in Section 6 of the Original Services

Contract, and as identified by TLI in Exhibit E, as of the end of the Transition Period.

11. Otherwise, COUNTY shall retain all Network trademarks, trade names, logs and other

Network identifiers, Internet uniform resource locators, Internet addresses, and email

addresses obtained or developed as specified in Section 6 of the Original Services Contract,

and it shall be the responsibility of COUNTY to register or renew any registrations relating

to such marks. TLI agrees that it shall not make use of any' such marks as a trademark or

service mark for any services or software it provides fonowing the execution of this

Transition Agreement, except as required in the orderly transition of the COUNTY Portal as

contemplated hereunder. Each party agrees to provide any materials and execute any

assignments, transfers or acknowledgements reasonably requested by the other to document

the rights under this Section. Such marks are listed on Exhibit D attached hereto in two

columns, those COUNTY shall discontinue using and those that COUNTY shall continue

usmg.

12. TLI shall make an orderly transfer of County Portal records, books and other documents in

its possession as contemplated under Section 12 of the Original Services Contract.

COUNTY shall be responsible for any and all Claims or Losses with regard to such records

upon their transfer to and receipt by COUNTY, and COUNTY agrees to protect such records

5

in a manner consistent with applicable law, including the COUNTY Portal Privacy and

Security Statement. COUNTY agrees and understands that documents and records

pertaining to the business and operations of TLl, its parent or its affiliates, are and remain

the property of the company to which they relate and will not be transferred to County. TLI

shall be entitled to retain a copy of those records transferred to COUNTY for defensive or

archival purposes.

13. COUNTY agrees to register the fictitious name of the County Portal, if any, as its fictitious

name in the State of Texas in connection with the portal services. TLI shall coordinate with

COUNTY for the cancellation of TLI' s fictitious name filing, if any, with the State of Texas

and County's reservation of this name as its fictitious name. Such transition shall be

accomplished as of the end of the Transition Period.

14. COUNTY shall use a billing company of its own choosing to perform County Portal billing

functions. TLI shall continue such functions until County shall give written notice to TLI

that it will take responsibility for such function as of a date and time specified in the notice,

or upon the termination of the Transition Period, whichever shall first occur.

Ill. EMPLOYEE MATTERS

15. COUNTY acknowledges that the employees of TLl are subject to written confidentiality and

non-compete agreements.

IV. SOFTWARE LICENSE16. TLl hereby grants to COUNTY a perpetual, nonexclusive, nontransferable license to use the

Software to: (i) install the Software on one or more computer systems owned or leased by

COUNTY as necessary for the Permitted Use~ (ii) provide to persons accessing the COUNTY

6

Portal access to such executable files of the Software as are necessary to allow use of the

COUNTY Portal online functions; and (iii) make copies of the Software for archival or back-up

purposes. SThis for-use-only license includes the right to copy, modify, and create derivative

works of the Licensed Products, as necessary for the Permitted Use. Any and all copies of the

Licensed Products made by COUNTY shall bear TLI's or TLI Affiliates' notice of copyright or

other proprietary rights, and other restrictive legends on the Licensed Products, and such notices

shall be provided by TLI. COUNTY shall safeguard such copies of the Licensed Products to

ensure access and use only by COUNTY, or its Authorized Contractors, in a manner consistent

with this Transition AgreementThe Software, including its Source Code, and the Licensed

Products are provided to COUNTY for the Permitted Use. In no event shall COUNTY provide

access to all or part of the Software, Source Code or Licensed Products to any third party other

than Authorized Contractors for the sole purpose of maintenance or modification on behalf of

and for the use of COUNTY for the COUNTY Portal. COUNTY shall have no right to provide,

sell, lease, license, lend, distribute or give away copies of all or any part of the Software, Source

Code, or Licensed Products or any derivative works that incorporate any part thereof, to any

third parties, except to a subsequent COUNTY Portal manager who is performing services

similar to those provided by TLI under the Original Services Contract, and in such instance, such

manager's use of the Software, Source Code, or Licensed Products shall be limited to the

Permitted Use.COUNTY agrees that all right, title, and interest in the Software and Licensed

Products, in all formats and media, including copyrights and other proprietary rights therein, are

and shall continue to be the exclusive property of TLI and TLI Affiliates, as applicable, and

COUNTY agrees to use the Software and Licensed Products in a manner consistent with such

rights. In the event COUNTY makes or has made any modifications, enhancements, or other

7

derivative works of the Software or Licensed Products as pennitted under this Transition

Agreement, and such modifications, enhancements, or other derivative works incorporate any

portion of the Software or Licensed Products (including, without limitation, source or object

code, trade secrets, inventions, data, concepts, devices, designs, documentation, processes,

analyses, compilations, research, test data, know-how and information embodied in the Licensed

Products or any portion thereot), TLI or TLI Affiliates shall own the modification, enhancement,

or other derivative work which shall be subject to the same restrictions as provided herein with

respect to the Software and Licensed Products, and which shall be automatically licensed to

COUNTY as a Licensed Product as provided herein.TLI, on its behalf and on behalf of its TLI

Affiliates, reserves all rights not expressly granted under this Transition Agreement. COUNTY

acknowledges that the Software and Licensed Products, including their content and structure, are

proprietary information of TLI and the TLI Affiliates. COUNTY agrees to take all steps

necessary to protect the Software and Licensed Products from unauthorized use or copying,

including, but not limited to, obtaining written agreements from all those to whom such Software

or Licensed Products' Source Code is disclosed, and instructing its employees with respect to the

proprietary nature of the Software and Licensed Products and the restrictions on the use granted

to COUNTY. TLI shall mark the initial copy of the Software and Licensed Products provided to

COUNTY as confidential and proprietary, but any failure to do so shall not thereby render the

copy of the Software or Licensed Products non-confidential or non-proprietary.

17. COUNTY shall notify TLI immediately of any unauthorized use, possession or disclosure of

any of the Software or Licensed Products, of which it has actual knowledge, and cooperate with

any suit brought by TLI to prevent continued unauthorized use, possession or disclosure.

8

18 TLI represents and warrants:

(a) that it has clear title or possesses sufficient rights to the Software and Licensed Products

to enable it to make the grant to COUNTY made in this agreement, including the

authority to enter into this Transition Agreement and to grant the rights and licenses

provided herein, and that this Transition Agreement violates no previous agreement

between TLI and any third parties;

(b) that the Software and Licensed Products do not infringe, and that no party has made any

claim that the Software or Licensed Products infringes any patent, copyright, trade secret

or similar proprietary right of any third party, as of the date of this Agreement;

(c) that there is no current or pending dispute or litigation as of the date of this Agreement

with any third party regarding TLI's proprietary rights associated with the Software or

Licensed Products, or with TLI's use thereof;

(d) that it has been granted authority by its TLI Affiliates to grant to County the license rights

contained herein.

19. TLI and TLI Affiliates shall have no obligation to maintain, modify or update the Software or

Licensed Products for COUNTY. Except as provided in Section 18, NEITHER TLI NOR TLI

AFFll..IATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING

WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE, WITH RESPECT TO THE SOFTWARE, LICENSED PRODUCTS, THIRD

PARTY SOFTWARE AND HARDWARE, EXCEPT FOR THE USE FOR WHICH THEY

WERE ORIGINALLY INTENDED. At the end of the Transition Period or as otherwise stated

in this Transition Agreement, TLI shall have no obligation under this Transition Agreement to

9

COUNTY to provide technical support or maintenance, unless the parties enter into a separately

negotiated written agreement by which COUNTY purchases such services.

20. Intentionally left blank.

VI. RELEASE AND NON-DISPARAGEMENT

21. Upon execution of the Agreement and delivery of the Software and Licensed Products,

COUNTY hereby irrevocably and unconditionally releases TLI and TLI Affiliates from any and

all Claims of any nature whatsoever, relating to, or arising out of, or connected with: the Portal

Contract, the products and services provided pursuant to the Portal Contract, the use of the

Licensed Products, and any modifications or enhancements to the Software or the Licensed

Products, and any changes to the operating environment or platform on which or with which the

Software or Licensed Products are operated.

22. Each party hereby agrees that it will not make any statements to third parties in the course of

its business as a company or as a public government, that are disparaging about the other party,

any of its officers, directors, or shareholders, including, but not limited to, any statement that

disparages the products, services, finances, financial condition, capabilities or other aspects of

the business of the COUNTY Portal, the Software, the Licensed Products or of either party.

Each party further agrees that it will not engage in any conduct that is intended to inflict harm

upon the professional reputation of the other party or any of its officers, directors, shareholders

or employees.

VI. TERMINATION

10

23 Except with respect to any provisions intended to survive the Transition Agreement, the

Transition Agreement shall conclude by its own terms upon one of the following occurrences:

1. The end of the Transition Period, on the date indicated above.

2. Written mutual agreement of the Parties.

3. The date upon which County, by written notice to TLl, assumes responsibility for

the County Portal's operation and finances, in accordance with this Agreement.

VII. GENERAL

24. Neither this Transition Agreement, nor any part or portion hereof shall be assigned,

sublicensed, encumbered or otherwise transferred by COUNTY or ILl without the prior written

consent of other party.

25. This Transition Agreement constitutes the entire agreement between the parties with respect

to the subject matter; understandings, agreements, representations, or warranties not contained in

this Transition Agreement or a written amendment hereto shall not be binding on either party.

Except if made in the manner provided herein, no alteration of any of the terms, conditions, or

other provisions of this Transition Agreement shall be effective without the prior written consent

of the parties.

26. This Transition Agreement is expressly made subject to:

(a) County's Sovereign Immunity, Title 5 of the Texas Civil Remedies Code, except to the

extent that the same would interfere with its enforcement against County or the recovery

of damages against County by reason of County's breach thereof; and,

(b) All applicable State of Texas and Federal Laws.

27. If any term or condition of this Transition Agreement or the application thereof to any

person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions

11

or applications which can be given effect without the invalid tefIll, conditions or application; to

this end the tenns and conditions of this Transition Agreement are declared severable.

28. Waiver of any breach of any term or condition of this Transition Agreement shall not be

deemed a waiver of any prior or subsequent breach. No tenn or condition of this Transition

Agreement shall be waived, modified or deleted except by a written instrument signed by the

parties hereto.

IN WITNESS WHEREOF, the parties hereto, having read this Transition Agreement in

its entirety, do agree in each and every particular and have thus set their hands hereunto.

EXECUTED this the day of -.), 2003.

DALLAS COUNTY:

BY: Margaret KeliherDallas County Judge

RECOMMENDED:

TEXAS LOCAL INTERACTIVE, INC.:

BY:

BY: John Hennessey, DirectorDallas County Management Infonnation Systems

APPROVED AS TO FORM*:

BY:Chief, Civil Section

12

*By law. the District Attorneys' Office may only advise or approve contracts or legal documents on behalfof its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review ofthis document was conducted solely from the legal perspective of our client. Our approval of this document wasoffered solely for the benefit of our client. Other parties should not rely on this approval. and should seek re.iewand approval by their own respective attorney(s).

13

EXHIBIT ALICENSED SOFTWARE

a. Over the counter (OTC) service applicationb. Vehicle Registration Renewalsc. Property Tax. applicationd. Felony Fines application ( OT C and INET)e. Protective Orders applicationf Record Searches - Instant Access applicationg. Record Searches - Subscriber Access applicationh. JP Courts application1. Traffic Tickets applicationJ. Job Applicationsk. County Clerk Criminal Payments and Recording applicationI. Jury Services Postponement Application

EXHIBITBTHIRD PARTY SOFTWARE

[LIST SUBJECT TO VERIFICATION]

IVR

EXHIBIT CTRANSITION EXPENSES

Management Costs $75,000Training Costs $10,000Equipment $10,000(Detailed list of equipment must be provided)

EXHIBIT DTRADEMARKS

Relinquished by County Retained by County

EXHIBIT ETrademarks, trade names, logos, and other brand identifiers retained by ILl

14

Transition Plan

Plan for the transition of the Dallas County Website from TexasLocal Interactive to Dallas County

Preface

This document outlines the transitioning ofthe management of the Dallas County Website from Texas LocalInteractive to Dallas County. This document should be considered a work in progress and will evolve as thetransition progresses. Any comments should be directed to Sydney FUlbright.

Summary

Dallas County will assume management of the Dallas County Website and all related websites effectiveFebruary 2003.

Assumption of the Dallas County website will consists of five main responsibilities and three reqUiredresources outlined below:

Responsibillties

1. Hosting the website on Dallas County Web Servers.2. Design and maintenance of Dallas County Websites.3. Development of all revenue/non-revenue applications.4. Establishing Merchant Account for purposes of collection and disbursement of funds.5. Reporting daily transactions to appropriate departments.

Required Resources

1. Procuring equipment2. Hiring Dallas County personnel3. Obtaining development, server, and statistical software

This document contains the steps required to bring this project in house. In addition to outlining theresponsibilities and resources, it reviews the current status of existing projects, includes an estimated timeline,and addresses current concerns.

Sydney FulbrightDallas County Web Manager214.653.6123sfulbright@dajlaSCOunty.orgWWN. dallascountv.org

RESPONSIBILITIES

1. Hosting

Server Transition

Domains

Subdomains

DNS Servers

Web server Support

DatabaseAdministration

Help Desk Support

SSL Certificate

Dallas County will transition the web servers to 500 Elm Street with assistance fromSchlumbergerSema.

1. Backup website I applications2. Relocate equipment to 51t1 Floor Data Center3. Establish connectivity4. Test I monitor servers and databases

The following domains are hosted by Dallas County and secured through Register.com.• Nww.dallascounty.org

NWW.CO. dallas.tx. us• www.dallascounty.orglRWPCC

The following domain is hosted by Hostway.com. It is renewed annually.• www.loop9.org

The following subdomains are property of Dallas County and have been set up asfollows below.

• www.tickets.dallascounty.org• www.districtclerk.dallascounty.org• www.jis.dallascounty.org

It needs to be determined if the primary and secondary Domain Name Servers will needto be transferred with Register.com. Upon transferring the Primary and SecondaryDNS·. there is a 3-4 day delay. The current domain servers listed are XO's Primary andSecondary Name SeNers in order:

NS1.NXLKHOST.COM 207.155.248.128NS2.NXLKHOST.COM 207.155.252128

SchlumbergerSema will be responsible for providing a part-time Sun Unix administratorto manage the Unix Servers. In addition the servers will be monitored 2417 for outagealerts and capacity reporting.

SchlumbergerSema will be responsible for providing an Oracle database administratorto manage the Oracle database.

ApprOXimately 3D-50 help desk calls per day. A separate phone line will be establishedto distinguish itself as a call conceming the Dallas County website. Under the currentservice level agreement, these additional calls will still fall under the maximum numberof calls allowed.

Texas Local Interactive renewed Dallas County's secured seNer certificate throughGeoTrust Quick SSL This certificate is renewed on an annual basis.

12/2/2003

Disaster Recovery

Backup Procedures

Once transitioned, Dallas County will need to conduct a risk analysis: ensure that webservers are backed up, critical data is stored safely and in mUltiple locations, and devisea plan in the event that the web servers are affected.

Dallas County will need to create Standard Operating Procedures hardwareand software backup and maintenance.

2. Design &Maintenance

Web Site Transition

Web Site Design

Web Site Maintenance

Content Management

Marketing

The Dallas County Web Manager will be responsible reviewing the website once it hasbeen transitioned to ensure that all code is in working order. Remove any references toformer vendor, remove vendor from webmaster comments.

Web Site Guidelines and templates are currently in place and will not require anychanges.

The Dallas County Web Managef will be responsible for site layout of current websiteand any future versions of the website. Website standards and templates of the currentversion of the website are utiljzed site wide along with cascading style sheets directingthe format

The Dallas County Web Manager will be responsible for the day-to-day maintenance ofthe Dallas County websites with the exception of the departmental websites listedbelow. A separate FTP account has been set up directing each to their specificdirectocy on the seever.

• District Cleric Sharon Camarillo• Child Support Erica Geamer• Ryan White Planning Coundt Matthew Varaghese

The following individuals utilize Macromeclia Contribute to update their departmentalwebsites:

• Amanda Simpson: HHS Bioterrorism Press Releases• Isela Rodriguez: loop 9 Website (Hostway.com)

A website change tonn must be completed by the requesting department andsigned by their director prior to changes made to the website. Each departmentis responsible for writing their own content and considered approved prior to handingover to the Web Designer for publication.

Content Management GUidelines have been created to outline the following:

• Posting Guidelines• File SiZe• Font Sjze, Color• Image Format, types, and compression• Naming conventions

Press releases will be utiljzed to announce the launch of new revenue generatingapplications. In addition, marketing materials will be created to distribute to DallasCounty departments announcing the new online seevices offered to Dallas Countycitjzens.

12,2120033

Translation Services

Website Standards

Translation services will need to be established in that many of the web pages arewritten In Spanish. The AutoCltation Online application is Dallas County's first bilingualapplication.

TlI's Spanish translation estimates are as follows:

WrittenDocument in electronic copy: $0.16 per word of source languageCreative writing translation: $020 per word of target language

Voice Translation I RecordingRecorded via phone: $40.00 hourStudio (AutoCitation was recorded in stUdio): $350 hour I minimum 2 hours

Website standards have been written to maintain consistency of the site. In addition,the website utilizes templates and libraries that may only be updated by the webManager.

3. Application Development

Online Apptications

Project Management

Interactive VoiceResponse

A contract Application Developer will be responsible for the development andmaintenance of Java based applications. A list of these transaction based applicationsare as follows:

• Commissioner's Court Agenda• Criminal Courts Fine and Fees• Property Tax Payments• Online Record Searches• Online Employment Application• AutoCitation Application (web-based and IVR)• Justice of the Peace Fines and Fees• Online Vendor Bids (Mure)

Project Management will performed by the Dallas County Web Manager currently inplace. It will involve gathering project specifications, writing the applicationrequirements, time and material estimates, and seeing the project through untilcompletion. In addition it may require briefing before Commissioner's Court.

In addition to the website application development, Dallas County will assumeresponsibility for the Interactive Voice Response systems. This function would beoutsourced for future projects or maintenance.

The current vendors involved in this project are as follows:

Voice Mail Vendor: Voice PlusHardware Vendor: Intermedia TechnologiesIVR Vendor. Vail Technologies

The voice mail system at the North Dallas Government Center was recently upgradedwith six additional ports to handle the call volume. To initiate the AutoCitation IVR, dial214.904.3188.

1::'2 ::0034

Data Sources ApplicationFelony CollectionsProtective OrdersCriminal BackgroundCivil CourtProbateCivil Attorney IndexMarriage InformationAssumed NameUCC/Personal PropertyCourt Fines & FeesVehicle Registration RenewalProperty Tax PaymentsCriminal Court Fines and FeesAutoCitation Application

Mainframe ScreenCRINJI66, JI55CJSI. CHC1NI, cno, CT09C1NI, cno, CT09CT92, CT90DR181,DR182DR261, DR262, DR263, DR264DR16JKDK, JKIN, JKDXConnection with AustinTAX1CRINJKDK, JKIN, JKDX

4. Financial Relationships

Transition

Payment Methods

Merchant BankAccount

Fund Disbursement

Merchant AccountProcessing

Merchant Fees

The transfer of this function will need to be coordinated through the Treasurer andAuditor's Office. The county currently has an established relationship with Bank OfAmerica. Initial meetings with a Bank Of America representative have transpired.

Monthly service charges andlor set up fees may apply and need to be determined.

The Dallas County website accepts the following methods of payment

• Mastercard (Debit / Credit)• Visa (Debit / Credit)• Discover (Credit)

Establish a separate Dallas County bank account in which to deposrt funds.Transactions are settled nightly when the funds are transferred into the bank account

In order to set up the Merchant Account, a voided check from the business account Willneed to be forwarded to Bank Of America.

Daily checks are written to Dallas County for the prior day's transactions. Datatransmissions and deposit details for weekend work are combined with Monday'sactivities. A business checking account with supporting checks will be needed.

Determines whether the credit card is valid, stolen, or has exceeded its limit. When theauthorization process is complete, the customer receives an approval or declineresponse, and the processing server stores the transaction.

A flat rate is applied to each transaction. Below are the merchant rates offered to TU.The Auditor and Treasurers Office will need to negotiate Dallas County's rate.

\lisa StandardVisa CPS RetailVisa Business ElectVisa Business StandardMasterCard StandardMasterCard Merit 1MasterCard InternationalMasterCard CorporateDiscover

1212/2003

2.34%1.514%2.184%2.434%2.434%1.995%2.445%2.445%2.145%

(Most common Visa)

(Most common MasterCard)

Chargebacks

Convenience Fees

ACH Fees

5. Reporting

Web Statistics

Online Reporting

-'--" -

Chargebacks occur In cases of fraud or by citizen error. In any event, chargebacks canbe accomplished through the Bank of Amenca web interface. Once the transaction hasbeen located uSing a reference/confirmation number, the citizen IS offered a credit back.

At this time, the website currently does not publish a policy regardingchargeback/refunds, but should conSider this a best practice.

In 2001, Commissioner's Court authorized a 3% convenience fee for credit cardtransactions. It needs to be determined whether we will continue to use theconvenience fee if the project is brought in house. The advantage is that Dallas Countywill receive an additional 3% on each transaction less the merchant fees outlinedabove.

Auditor and Treasurer's office will need to negotiate and determine the cost of ACHfees for departments who utilize this function.

Web Statistics are provided on a monthly basis via Web Trends software. This data iscompiled in a monthly website report briefed to Commissioner's Court.

Online reporting is made available daily to the departments outlined below detailing theprevious day's transactions. User names and passwords have been established forsecurity purposes.

Department

County ClerkCounty Tax-AssessorCounty Tax-AssessorDistrict ClerkDistrict ClerkHuman ResourcesJury Services! Grand JuryJP Central CollectionsJP 1-1 Judge Thomas JonesJP 1-2 Judge Cleophus SteeleJP 2-1 Judge Gerry CooperJP 2-2 Judge Ken BlackingtonJP 3-1 JUdge AI CerconeJP 3-2 Judge ~andra EllISJP 3-3 JUdge Steven SeiderJP 4-1 Judge Mike petty

12/2/20036

Application

Criminal Court Fines and FeesOnline Tax ReportsProperty Tax PaymentsCriminal Court Fines and FeesOnline Record SearchesEmployment OpportunitiesOnline Jury PostponementAuto Citation ApplicationJP Fines and FeesJP Fines and FeesJP Fines and FeesJP Fines and FeesJP Fines and FeesJP Fines and FeesJP Fines and FeesJP Fines and Fees

RESOURCES

1. Equipment

Purchase of Texas Local Interactive's equipment will reduce the number of man hours to transitionthe project in house. Below are the specifications as provided by TL:

Web Server

Application Server

Database Server

Tli Current ConfigurationSun Ultra S

• Operating System: Solaris 8• Apache Web Server 1.3.26 mod_ssl, Veritas backup client

Tli Current ConfigurationSun Netra T1

• Operating System: Solaris 8• Veritas Net8ackup 8usinessServer 3.4

TLICurrentConfiguration• Sun Netra T1• Operating System: Solaris 8• StorEdge A1000 mass storage unit• Oracle 8.1.6, Veritas backup client

Desktops

MiscellaneousEquipment

(1) Dell GX 360P4f.2.3Ghz/8OGb HDDl512RAM1CD17" monitors

DEPARTMENTITEMS

ESTIMATED COSTFUNDING SOURCEPROPOSED ACTION

$1,600.00 each

Management Information Systems1 Desk1 Chair$0Surplus

MIS is requesting authorization totransfer 1 desk and 1 chair fromsurplus to the department for use byIntemet Coordinator.

Telecom Requests MIS - requests to install 1 data drop on Sth Floor of the Records Building to providenetwork access. Installation Cost: XX

MIS - requests 1 telephone line on Sill Floor of the Records BUilding.

/2/22003

2. Personnel

It has been estimated that bringing the web project In house will require a minimum total of 1full-time Countyemployee In addition to contractors on an as needed baSIS

Web Site Manager

Web ApplicationsDeveloper

Internet Coordinator

3. Software

Currently In Place

Outsource Java Developer on an as needed basis.

Job DescriptionsTitle: Internet Project CoordinatorGrade:Salary Range:List Status: Full-TimePost: Open to the publicClosing Date: Until FilledDepartment: Management Information SystemsRequisition ,:Position ,:

Job Summary:Award winning website seeks individual to support Internet project. This is a greatopportunity for an individual who possess intermediate knowledge of computers,computer technology and internet. The primary responsibilities of this vital positioninclude: accounts payable laccounts receivable duties, help desk, and handling multipleprojects in a fast paced team environment

Qualifications: One year experience in APIAR needed, excellent communications,verbal and written skills. Basic HTML skills a plus.

Purchase of Texas Local Interactive's equipment will reduce the number of software licensesneeded.

Software Determine what software will be transferred during the transition.

• J2EE• Webtrends - Statistics software• Swipe Software - Configure credit card swipes

1222003,3

OUTSTANDING PROJECTSProject Status

AutoCitation IVRSpanish Translation

The AutoCitation IVR script will be revised to allow Spanish-speaking citizens the abilityto pay their citations over the telephone with a credit card. At this time, the currentscript directs users to bilingual clerks for payment

Status: Audio prompts have been recorded. According to Ronne Mendelson, they arestill looking at solutions and do not have an answer as to when it will be completed.

Purchasing Bid Module The Online Purchasing Bid Module will allow Current and potential vendors of Dallas .'County the ability to register as a vendor, download current bids and also give thePurchasing Department the ability to maintain their own website.

Status: The court order authoriZing TLJ to create the online bid module was approvedon May 6th

• Specifications have been forwarded to TLI. Ronne is looking at priorities.

***

Health & HumanServices

Health & Human Services would like to have the ability to accept over the counterCredit Card Payments for the services they offer.

Status: Forwarded requirements document in January.

***Commissioner Mayfletd Commissioner Mayfields office would like to create an online services website which

will outline all ofthe services available to citizens of Dallas County and surroundingcities/counties. In addition, a module will be created to allow his office the ability tomaintain this site.

Status: An initial cost and time estimate has been forwarded to Comm. Mayfield'soffice. A funding source has been located and they would like to see a draft of thewebsite mockups.

***County Clerk County CIer1('s office will begin accepting credit cards over the counter and online The

initial rollout of the application will take place in Criminal Courts.

Status: Credit Card swipes have been installed at Frank Crowley. Test cases havebeen forwarded to Jaideep for testing. In progress.

***

/2/2;20039

Forensics

Juvenile Calendar

HHS BioterrorlsmSurvey

ForensIcs needs the ability to accept credit cards across the counter for all servicesInternet transactions WIll only offer cremation permits, autopsy reports, and records.

Status: ThiS application IS already built. Needs tweaking.

***The Juvenile Department would like the ability to allow Dallas County employees andother non Dallas County individuals the ability to see Juvenile Traming Class offeringsand give the ability to register online.

Status: Forwarded sample of two TLI applications to Matt Benbow. He is veryinterested in proceeding with proJect. According to Ronne, TLI is not accepting anynew development

***The Bioterrorism Response Division would like to create an online form gatheringvolunteer information in the event there is a bioterrorist event. This information wouldwrite to an Access database for creating reports.

CONCERNS AND ISSUES

Emulation Sessions An additional 524 more sessions were added for a total of 1500 sessions. This willneed to be monitored in the event growth exceeds current capacity.

1] ] 2003:0

DALLAS COUNTYPUBLIC WORKS

November 25, 2003

MEMORANDUM

TO: Commissioners Court

THROUGH: Commissioner Cantrell, District 2Commissioner Price, District 3

FROM: Donald R. Holzwarth, P.E.,Director of Public Works

SUBJECT: Installation of Trame Control Devices

BACKGROUND

:" ~ I 11- ,~-'./1 • U.

Because of changing traffic conditions in the county, certain locations have been identified andstudied as to their need for additional traffic control devices to improve the safety of the roadways.

OPERATIONAL IMPACT

The two locations under consideration, Wells Street between Pleasant Valley Road and WhitleyRoad and Lavender Road at Millers-Ferry Road, are affected by the same type of problem - highvolumes of1IUck traffic. Thetraffic control devices to be installed will address this problem.

IMPACT ON OPERATIONS AND MAINTENANCE

The installation of these new traffic control devices at these locations will slightly increase theoverall cost of maintaining the entire system

RECOMMENDATION

It is recommended that this item be approved to address the safety needs on the county road system.

APPROVED BY:

~teJ-Donald R. Holzwarth. P.E.Director of Public Works,..-

'{-J

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

MEMORANDUM

i"'" ,..., ... -.... 1""\

L - ,. _ ...' - J C'l ? " -j i I ,~r .....

SUBJECf:

TO:

FROM:

Coomrissiooers Cwrt

Se1as Camarillo, P.E., RP,L.S, //Assistant Dired'or - Property~Abm:bDnem of 24' x 60' Drainage Easernem en Belt Line Road (DOW Robinsoo RaId)Project 490-434 (IH 20 to Camp WISdml), Partel36A

SUMMARy OF RE-BRIEF

During Briefing Sessioo of September 2, 2003, the DaUas County Commissioners Court approved thePublic Works Department's recommeadation to: (1) Quitclaim the County's iDterest in a 0.033 acre (1,440square foot) Easement it acquired in coonection with the Belt Line Road Project 490-434 to MRDevelopment Corporatioo (at the appraised fiIir ID8Ibt value of $594.00, plus admiDistnItiYe COlIS of51,104.00), and (2) authorize the County Judge to exeaHe a Quitclaim and any other related documentsrequired to censnrnmate the sale; this actton to occur only alter the FJnaJ Pial of The. Enclave atWestchester, an addition to the City ofGrand Pratrie has been flled in the Real Property Records, ofDaJJa.y

County, Texm, dedicating the new emement structure to the City ofGrandPratrie.

The Final Plat of The Enclave at WestdJester, an additioo to the City of Grand Prairie· was filed 011

November 14, 2003 and is recorded in Volume 2003226, Page OOOSS·ofthe Real Property Rcc:ords ofDaUas County, Texas. The proceeds of$l,698.00 have been received and deposited in Fund 120, RcvaweCode 44557, Sale ofRea1 Estate .(OO.44557.2003סס.0120)

Since two weeks have lapsed since this matter was briefed to the CommissioDcrs Court, the September 2,2003 briefing is hereby resubmitted. A Court Order and Quitclaim Deed will be pJaced 011 the nextscheduled Formal Agenda.

BACKGROUND

The Coonty of Dallas acquired an inreR.st in a tract of land fur use as a draina8e easement for the purpose ofcoostruding and maimaining a stmm drainage system in coonectim with Belt1_Road (DOW Robinsoo RaId)Project No. 490-434, wbidl was part of the 1985 'I"OOmJgbfiue Bend Program. Said e8Sl'!!'at, CORJi.9ing of0.033 acre tract ofIaDl (1,440 squaJ:e ·feet) was cmveyed by Vupia Holwck Kamedy and Vupia ClaudineHolvedc: Miles 10 the Couoty of Dallas by Easement dated August 5, 1987, ·recxxdcd in Vohnne 87168, Page3794, DeedRcccnsolDallas County, Texas (the ''Easement''). MR~ Corporatioo, the currentproperty ownerIdeYdopcr is requesting I)aUas Coonty abandoo, relinquish and vacate the Easement to fitciJit;Jtethe subdivisioo olthe Property, as described in Proposed Final Plat ofThe Enclave at Westchester,an additioo tothe City ofGrand Prairie. The County's~ will net be effective until the Final Plat is filed inthe Real Property Records of Dallas Coonty, Texas. The plat includes, at different locatioos, the dedieatial ofnew drainage structures that will adequately meet the specificatioos ofthe existing Easement.

IMPACf ON OPERATIONS AND MAINTENANCE

The City of Grand Prairie engiDeering smff has reviewed the developer's final plat and has provided writtenassurance to Dallas County that the developer has made acceptable provisions to handle the runoff/drainagewhich DOW flows in the subject Easement by re-routing said nmoffIdrainage oot.o the new street and its storm

411· Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151

C0rnrru.:s.sl<:ncrs Cvun:November 25, 2003Page Two

sewer system. The City has no objections to Dallas County abandoning the Ease:mem by Quitclaim Deed afterthe plat is filed in the Real Property Records ofDallas County, Texas.

LEGAL INFORMATION

Section 272.00 I (b) (2) of the Local Government Code pennits the County to sell or exchange its interest instreets or alleys, owned in fee or used by easement, to the abutting property owner in proportion to theirabutting ownership, at a price not less than the appraised value.

PERFORMANCE MEASURES IMPACT

Sale of this Property will assist the Property Division in meeting its fourth quarter performance measuresfor FY 2003.

FINANCIAL IMPACT/CONSIDERATIONS

An appraisal has been prepared by a staff appraiser of the Public Works Department establishing the fairmarket value of the 0.033 acre (1,440 square foot) tract ofland at S594.00. Administrative costs to preparethe appraisal report are SI,I04.00. The property owner has submitted certified funds for all costs associatedwith the sale, including the appraisal costs, as shown below. No direct costs will accrue to Dallas County.

AmmUsed Fair Market Value0.033 Ac. (1,440 SF) @ S20,000x90o/w'AC ofland (permantnt easement) S 594.00Administrative Costs (Actual) S1.104.00

TOTAL COMPENSATION DUE SI,698.00

The SI,698.00 will be deposited in Fund 120, Revenue Code 44557, Sale of Real Estate.(OO.44557.2003סס.0120)

RECOMMENDATION

The Director of Public Works ItCWDIJwds that the Camnissiooers Coort (1) approve the Quitclaim Deedconveying the CooDty's interest in the 0.033 Ac. (1,440 square foot) Easemem it acquired in coonectioo with theBelt Line Road Project 490-434 to MR DeveJ.qxnwt Corporation (at the appraised mit market value ofS594.00,plus administrative costs ofSl,l04.00), and (2) authorize the County Judge to execute the Quitclaim and anyother related documents required to COIISU1111Date the sale; this actioo to occur only after the final plat ofTheEnclave at WestdJesrer, an additim to the City ofGrand Prairie bas been filed in the Real Property Records, ofDallas CooDty, Texas, dMicating the new easemwt structure to the City ofGrand Prairie.

If the Conw1;ss1onas Court agrees, and after the Final Plat has been filed, a court order and Quitclaim Deed willbe prepared and placed 00 the Ageoda.

APPROVED BY:

Me t-/<t{)Donald R Holzwarth, P.E.Director ofPublic Works

~AE:Ipe!SC\J' ~:IMYDo<:umems:/AbIDd:IEamt BL 490-434 Robinsoo Brf

QUITCLAIMSTATE OF TEXAS §

COUNTY OF DALLAS § KNOW ALL PERSONS BY THESE PRESENTS:

of December, 2003.

SLY ACCEPTS THERELEASES ALL

VEAGAINST'WITH THE

Margaret Keliher, County JudgeBy:

COUNTY OF DALLAS. TEXAS

tlgetber with. all aDd singular, the rights, privileges andsaid Grantor, and said <JraIm"sba11 notat any time hereafteror any part of it

THAT the County ofDallas, Texas, a political subdivision ofthe State ofTexas, hereinafter "Grantor"and by virtue of a duly executed Commissioners Cowt Order No. 2003. dated Decem.ber9, 2003,for and in consideration of the sum ofTEN AND NO/loo DOLLARS ($10.00) and other good and valuableconsideration, the receipt of which is hereby acknowledged, releases, quitel' and surrenders unto MRDevelopment Corporation, its successors and assigns, hereinafter referred to antee", all rights, title andinterests, if any, in and to that certain tract or parcel of land situated in ty, Texas, as described inExhibit "A", attached hereto and incorporated herein.

IN ACCEPTING THE QUITCLAIM OF THE PROPERTY, GPROPERTY IN AN "AS IS" CONDmON, WITH ALL ITS FCLAIMS AND CAUSES OF ACTION, AT LAW OR INGRANTORS, THEIR OFFICERS, AGENTS, ANDQUITCLAIM OF TInS PROPERTY TO GRANTEE.OFFICERS, AGENTS AND EMPLOYEES, FROMCONNECTION WITH THE TERMS, CONDmONS,TO TIllS PROPERTY. THIS RELEASE IS BINDING ONASSIGNS. GRANTEE HAS HAD AN OP TO INSNOT RELYING ON ANY REPRESENTA. CWSWITH THE ACCEPTANCE OF TInS QASSUMES RESPONSffiILITY FORMATERIAL PROBLEMS ONSAFETY OR FIREOF CLOSING AND FO

By: _

W. Bowen Weans,Civil District Attorney

ACKNOWLEDGMENT

THE STATE OF TEXAS §

COUNTY OF DALLAS § BEFORE ME, the undersigned authority,

on this day personally appeared Margaret Keliher, County Judge for the County ofDallas, Texas, known to meto be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me thatthe same was the act of the County of Dallas, Texas, a political subdivision of the State of Texas, and that heexecuted the same as the act ofthe County ofDallas for the purposes and consideration therein expressed and inthe capacity herein stated.

J:lMyDocuments:JDccds\QCDMRDev.BL Abend

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this

GRANTEES ADDRESS: MR. Development ClOON. Mitchell RoadMansfield, TX 76063

EXHIBIT ".;."

.~i(!~ • to:",,:: \#; ~.u,.; uuL of lone ). ts. /wlcCC/1Il'l4S Survey, Abstract No. ass, 0 .., 1a$ Coun­ty Texas, .nll being part of • tra(t of lar1C:I cO""e,1td to C. C. lioheCI( ar.d VirginiaHoiveek, n rKol"ded 1n Volume 34Gl. p.ge 55; Oe\!!d Recoros of Oallas Cout':.y. Te.as,and baing dle,.t p.rticularly ".scri\)ea .. s fol ows:

S~9lnnin9 n a 1/2 inch 1ron rOd set at the intersection r1f the proposed westrignt-of-wltY line of Belt Line .oall (lOO' proposen I.O.W.) with the nart.h line of' tneabo". D1f1J11.lonect HalvocJc trAct. ume being N 8g0 40' 25" W, I distance of 20.00 teetfl"em tnfO northeast comll1" O'f said Holveck tract. and fit! ~"'Jthe4:t C;Ol"tHtr el( .. Lrac't. OTlind con':eyacl 1." H. HNMOhd, ec .1, u recorded tn volumll 8$001: Qa9~ 3784, tle.dRtcorcU of Dallas Count,)'. texas. in the u1stlng east rignt-ot-way line of Belt LtneR~d (60' R.O.W.);

THENCE, S 000 02' 55" W. alon9 tne pf'oposed ",est. r1ght:-of-..y 11na of Belt tine Road,a cJist.nee of 24.00 fetT. to , point for corner;

THEHCl. N 890 40' 25- Vi le4~1ft9 said p~opdsed wast I"tQht~Qf-w~y l1~. ~f 9tlt linaRlHd•• di st4nce ot 6O.uO tee~ to & gQJnt. for corne,;

THENCE. H COO 02' ,.- [9 • distince of 24.~ tetT. to • potn~ fur corner tn the nortnI1ne of said HolV8ek tr3c;t:

T~EHCEI S '9° 40' 25~ E. along 'he "ort:t Hne of n1d.llolvecJc trac:t. .. a CS1SUnce of6~.OO reet to the POI~T 0' ~E'IKNI'G .nd cnnt~1n1ng 1440 squ&ra f •• ~ er ~.03S &C".5 o¥land, mare Or ltss.

o o.

BETTYJ.CULBREATHDIRECTOR

r'-' - -.... ,..,LJ.j ... _ ... -J C" 12' ,.. ~

'II ,~

TO:

FROM:

DATE:

THE HONORABLE COMMISSIONERS COURT

DEnY J. CULBREAm, DIRECTORHEALm AND HUMAN SERVICES

DECEMBER 9, 2003

SUBJECT: REALLOCAnON OF FY 2003-2004 RYAN WHITE CAR.E. ACT TITLE ICONTRACT FUNDS FOR DALLAS COUNTY HEALm DIVISION

Dacground of IssueThe Dallas County Judge is the grantee and legal recipient ofRyan White C.ARE. Act (Ryan White) TitleI funds for the Dallas Eligible Metropolitan Area (EMA). Dallas County Health and Human Services(DCHHS) is designated to serve as the Administrative Agency for Ryan White Title I funds for the DallasEligible Metropolitan Area (EMA). DCHHS tracks the expenditure of funds by service providersthroughout the contract period and makes recommendations, when appropriate, to reallocate funds. Inaccordance with the provisions ofTitle I of the Ryan White C.ARE. Act, the grantee appoints membersto serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with theresponsibility of establishing priorities for the allocation of Title I funds and determining the categoricalallocation offunds by service category.

Dallas County Health Division - Early Intervention Clinic (EIC) receives funding from the FY 2003-2004Ryan White Title I grant for the service category ofEarly Intervention Services in the amount of$144,674.EIC has requested modifications to their budget that exceeds 100,/0; therefore, approval from Dallas Countyis required. These modifications include a request to move funds of $23,708 from direct personnel tocontractual services and supplies. The total units of service provided are not changed.

Fiscal ImpactThere is no fiscal impact on Dallas County.

Operational Im"aAdministrative Agency staffwill coordinate and monitor the programmatic and fiscal accountability ofthesubcontractors inaccordance with the responsibilities assigned to them by theDallasCountyCommissionersCourt.

Lelal ImpactThe Dallas County Commissioners Court must approve the award recommendations and authorize theCounty Judge to sign the contract amendment on behalf of Dallas County.

2377 Stemmons FreewaySuite 200, lB-16

Dallas, Texas 75207-2710 Office (214) 819-1814FAX (214) 819-6023

LL

Commissioners CourtPage 2

RecommendationIt is recommended that the Dallas County Commissioners Court does hereby approve the request fromDallas County Health Division - Early Intervention Clinic to modify their budget by moving FY 2003-2004Ryan White Title I funds of $23,708 from direct personnel to contractual services and supplies as presentedin Attachment A, and authorize the County Judge to sign the contract amendment with the service provideron behalf of Dallas County.

RECOMMENDED BY:

attachmentc: J. Allen Clemson, Court Administrator

Virginia Porter, County Auditor

2377 Stemmons FreewaySuite 200, LB-16

Dallas, Texas 75207-2710 Office (214) 819-1814FAX (214) 819-6023

,- _:

DALLAS COUNTY HEALTH DIVISION - EARLY INTERVENTION CLINICRyan White Title I

FY 2003·2004 Budget

SERVICE CATEGORY ORIGINAL BUDGET REVISED BUDGET

Personnel $124,059 $100,351Equipment $4,100 $4,100Supplies (Office and Medical) $3,300 $24,924Contractual $11,650 $13,734Other $1,565 $1,565

Total $144,674 $144,674

2377 Stemmons FreewaySuite 200. LB-16

Dallas, Texas 75207-2710 Office (214) 819-1814FAX (214) 819-6023

•

,",,,,"';')<'0 DALLAS COL~TYi . \. DEPARTMENT OF HEALTH AND HUMAN SERVICES

'<J');,7'}~'i) ADMINISTRATION " " .::._

C,.. _.-., -, t:'. ? ~

BErrY J. CULBREATH .j - .- '" I I I - ZACHARY THOMPSONDIRECTOR DEPUTY DIRECTOR

TO:

FROM:

DATE:

SUBJECT:

COMMISSIONERS COURT

Betty J, Culbreath, Director

December 9, 2003

LEITER OF AGREEMENT WITH NORTHGATE UNITED METHODIST CHURCH AND BAYLOR MEDICAlCENTER OF IRVING

BACKGROUNDNorlhgate United Methodist Church and Baylor Medical Center of Irving have requested that Dallas County Health and Humanservices (DCHHS) provide well baby clinic and irrvnunization services to resident of north Irving. The north Irving location has beenidentified as apocket of need by the City of Irving and Baylor for children needing well baby and irrvnunization services. The termof this Agreement shall be from January 1, 2004 through October 31, 2004.

ANANCIAlIMPACTThis Agreement will have no financial impact on Dallas County, Baylor Medical Center has agreed to pay $5.00 per patient per visitfor children immunized at the north Irving location. DCHHS will maintain a list of patients who receive services and will submit amonthly invoice to Baylor,

OPERAnONAlIMPACTThere is no operational impact from this Agreement DCHHS shall provide up to three (3) Registered Nurses and one (1) Clerk everythird Tuesday of each month to provide will baby clinic and irrvnunizatlon services at Northgate.

lEGAL IMPACTThe signature of the County Judge is required on the Agreement The District Attomey's Office, Civil section has reviewed andmodified the Agreement conten~ and the Agreement has been approved as to form.

RECOMMENDAnONIt is recommended that the Dallas County Commissioners Court approve the Letter of Agreement between Northgate UnitedMethodistChurch, Baylor Medical Center of Irving, and DallasCounty Health and Human Services for the provision ofwell baby clinicand immunization servicesfor the residentsofnorth Irving, and authorize the County Judge to sign the Agreement on behalfofDallasCounty.

RECOMMENDED BY:_~&.~~~~~~~~"'"'-- _

attachmentc J Allen Clemson, Court AanlnlStrator

Virginia Porter, County AuQlorRyan Brown, Budget Officer

2377 Stemmons FreewaySuite 600 LB-16

Dallas, Texas 75207-2710 Office (214) 819-1858FAX (214) 819-6022

5. TERM

Except as otherwise stated in this LOA, the term shall be from January 1,2004 through October31,2004.

6. TERMlNAnON

A) Without Cause: This LOA may be terminated in writing, without cause, by any party uponthirty (30) days prior written notice to the other parties.

B) With Cause: The County reserves the right to terminate the LOA immediately, in whole orin part, at its sole discretion, for any ofthe following reasons:

1) Lack ot: or reduction in, funding or resources;

2) Non-performance;

3) Baylor's or Northgate's improper, misuse or inept use offunds or resources; .

4) Baylor's or Northgate's failure to comply with the terms and provisioIl9 ofthisLOA; and/or

5) Baylor's or Northgate's submission ofdata, statements and/or reports that areincorrect, incomplete and/or false in any way.

7. CONFIDENTIALITY

In accordance with appropriate federal and state laws, local regulations, and internal policies ofallparties! any patient identifiers involved under this LOA are confidential.

8. SEVERABILITY

In the event that any provision ofthis LOA violates any applicable statute, ordinance or rule oflaw in any jurisdietiop that governs this LOA, such provision shall be ineffective to the extent ofsuch violation without invalidating any other provision ofthis LOA

9. CONSTRUCIlON OF A,GREEMENT

The language in all parts ofthis LOA shall in all cases be simply construed according to its fairmeaning and not strictly for or ~~stDCffiiS or Baylor or Northgate. The headings precedingeach paragraph are for convenience only and shall not in any way be construed to affect themeaning ofthe paragraphs themselves.

2

13. FUNDING CLAUSE

Notwithstanding any provisions contained herein, the obligations of the County under this LOA isexpressly contingent upon the availability of funding for each item and obligation contained hereinfor the term of the LOA and any extensions thereto. Northgate and/or Baylor shall have no rightof action against County in the event County is unable to fulfill its obligations under this LOA as aresult of lack of sufficient funding for any item or obligation from any source utilized to fund thisLOA or failure to budget or authorize funding for this LOA during the current or future fiscalyears. In the event that County is unable to fulfill its obligations under this LOA as a result oflack of sufficient funding, or if funds become unavailable, County, at its sole discretion, mayprovide funds from a separate source or may terminate this LOA by written notice to Northgateand Baylor at the earliest possible time prior to the end of its fiscal year.

14. INDEPENDENT CONTRACTOR

Baylor and Northgate, including their agents and employees, are independent contractors and notagents, servants, joint enterprises or employees of the County, and are responsible for their ownacts, forbearance, negligence and deeds, and for those of their agents or employees in conjunctionwith the performance of work covered under this LOA

15. NOTICE

Any notice to be given under this LOA shall be deemed to have been given if in writing anddelivered in person or mailed by overnight or Registered Mail, postage pre-paid, to the party whois to receive such notice at the addresses set forth below. Such notice shall be deemed to havebeen given three (3) days subsequent to the date it was so delivered or mailed to the followingrelevant addresses:

COUNTY:Betty Culbreath, DirectorDallas County HHS2377 N. Stemmons Frwy.Dallas, Texas 75207

BAYLOR:Connie Griffin, DirectorBaylor Board & Community ReI.1901 N. MacArthur Blvd.Irving, Texas 75061(972) 579-5409

NORTHGATE:Melba Dobbins, Trustee ChairNorthgate United Methodist3700 W. Northgate Dr.Irving, Texas 75062(972) 252-8519

16. SOVEREIGN IMMUNI1Y

This LOA is expressly made subject to County's sovereign immunity, Title 5 of the TexasCivil Remedies Code and all applicable State and federal law. The parties expressly agreethat no provision of this LOA is in any way intended to constitute a waiver of anyimmunity from suit or from liability that the parties or the County has by operation of law.Nothing in this LOA is intended to benefit any third-party beneficiary.

4

EXECUTED THIS DAY OF 2003.

COUNTY:

BY: Margaret KeliherDallas County Judge

Recommended By:

BY: Betty CulbreathDirector, DCHHS

...Approved as to Form:

~/ ~

~. -BY: Bob chell

Assistant District Attorney

BAYLOR:

BY: Jim ThaxtonPresident

NORTBGATE:

BY: Melba DobbinsTrustee Chair

* By law, the District Attorney's Office may only advise or approve contracts or agreements or legal documents onbehalf of its clients. It may not advise or approve a contract or agreement or legal document on behalfof otherparties.' Our review of this document was conducted solely from the legal perspective ofour client Our approvalof this document was offered solely for the benefit ofour client Other parties should not rely on this approval, andshould seek review and approval by their own respective attorney(s).

Date:

To:

From:

Subject:

DALLAS COUNTYHUMAN RESOURCES/CIVIL SERVICE

December 3, 2003

Members of the Commissioners Court

Mattye Mauldin Taylor, Ph.D., Director

Policy Revision - Political Activity

r-, - -.., - 1 F' ,1..." ....... _..J V II 3:

BackgroundIn its continued efforts to update the Dallas County Code, the Human Resources/Civil ServiceDepartment submits the attached revision to the Political Activity Policy for CommissionersCourt review and approval. This revision amends the current policy by incorporating Sections31.035 and 31.039 of the State of Texas Elections Code enacted by the State Legislature. Thesesections define the requirements for fulltime employees of the Dallas County Elections Office.

Impact on OperationsThe amended policy will document current practices.

Financial ImpactThere is no financial impact associated with the adoption of this policy.

RecommendationThe Human Resources/Civil Service Department recommends Commissioners Court approve theattached revised Political Activity Policy for inclusion into the Dallas County Code.

Recommended by:

Attachment - Policy Modification

509 Main StreetRecords Building

Q:lBnefing' 2004\Policy political .ctMty_reviSlon 120903.doc

Dallas, TexasEqual Opportunity Employer 214.653.7638

DIVISION S. POLITICAL ACTIVITY*

*State law references: Political activities of county elections administrators, restricted,V.T.C.A., Election Code § 31.035; coercion of police officer or firefighter in co'1nectionwith political campaign, V.T.C.A., Local Government Code § 180.001.

Sec. 86-901. Voting encouraged.

The county employees are encouraged to vote on election day for the person orparty of their choice.

(Admin. Policy Manual, § A(13.oo»

Sec. 86-902. Campaigning in uniform or while using county equipment.

The county employees will not be allowed to perform or be involved in politicalcampaigning or related activities during their working hours, while in county uniform, orwhile using county vehicular equipment.

(Admin. Policy Manual, § A(13.01»

Sec. 86-903. Required political participation to retain or obtainemployment.

Additionally, no category B or C or 0 county employee shall be required toparticipate in political campaigns, or related activities, as a condition to obtain or retainemployment

(Admin. Policy Manual, § A(13.02»

Sec. 86-904. Retribution for refusal to participate.

No category B, C or 0 county employee shall be disciplined, terminated ordeprived of their rights for refusal to participate in political activities, to participate inpolitical campaigns, or related activities as a condition to obtain or retain employment.

(Admin. Policy Manual, § A(13.03»

Sec. 86-905. Utilizing grievance system.

Any employee who feels he has been disciplined, terminated or deprived of hisrights because of actions specified in section 86-904 may utilize the grievance system.

(Admin. Policy Manual, § A(13.04»

Sec. 86·906. Approved time off granted for voting.

Approved time off, in reasonable amounts, may be granted for voting in national,state. county and city elections.

(Admin. Policy Manual, § A(13.05))

Sec. 86·907. Early voting encouraged.

County employees are encouraged to participate in the early voting process if theuse of this method will reduce time away from work.

(Admin. Policy Manual, § A(13.06))

Sec. 86-908. Candidate for public office.

6 full-time employee of the Dallas County Elections Office may not:

@1 be g candidate for g public office or an office of g political om!:Y... hold g public office,or hold an office of or position in g political.om:tt:. At the time an employee becomesg candidate or accepts an office or position, the employee shall terminate his/heremployment in the Dallas County Elections Office: nor

1..!22 make g political contribution, political expenditure, or publicly support or oppose gcandidate for public office or g measure to be voted on at an election. The offensewill be considered g Class 6 misdemeanor, and upon final conviction, the employeeshall be terminated.

6 "candidate" means g person who has taken affirmative action, as described !rl the lawregulating political funds and campaigns, for the purpose of gaining nomination orelection.

Sees. 86-909--86-930. Reserved.

Date:

To:

From:

Subject:

DALLAS COUNTYHUMAN RESOURCES/CIVIL SERVICE

'-' ',; '-

December 3,2003

Commissioners Court

Mattye Mauldin-Taylor, Ph.D., Director

Renewal to Elect Exemption Self-Funded Health Insurance Programs

BackgroundAs a non-federal governmental entity, Dallas County is eligible to elect to exempt the self-fundedportion of its health plans from certain requirements of the Public Health Service Act. As amember of the Public Employee Benefit Cooperative (PEBC), Dallas County has made thiselection each of the last five years. The election allows Dallas County to be exempt from thefollowing mandated requirements: 1) pre-existing condition limits, 2) special enrollment periods,3) prohibitions against participant discrimination based on health status, 4) standards for mothersand newborns, 5) mental health benefits limits, and 6) mastectomy reconstructive surgery. Inorder to continue the exemption for Plan Year 2004 and not apply the above to Dallas County'sself-funded health plans, the HIPAA Exemption Election Renewal Document (Attachment 1)needs to be sent to the Health Care Financing Administration by December 31, 2003.

Operational ImpactNone. The exemption impacts only Employee self-funded Health Plans.

Financial ImpactWithout the exemption, the cost of the County's health plans may increase if the exemptionslisted above are included in Dallas County's self-funded health plans.

RecommendationThe Human Resources/Civil Service Department recommends Commissioners Court approve theHIPAA Exemption Election Renewal Document and authorize the County Judge to sign theNotice on behalfofDallas County.

Recommended by:

Attachment

501 Main StreetRecords Building

Dallas, TexasEqual Opportunity Employer 214.6537638

Q:\Bnefings 20Q4\PEBC 2004 HIPAA Exemption 120903.doc

miIiPublic EmployeeBenefits Cooperative

HlPAA Exemption Election Renewal Document

Name of Plan: Dallas County Public Employee Benefits Cooperative Plan

Plan Sponsor: Dallas County

Address: 411 Elm St.Dallas, TX 75202Attention: Margaret Keliher

EIN: 75-6000905

Plan Year: January 1, 2004 through December 31, 2004

Plan Administrator: Public Employee Benefits Cooperative ofNorth Texas (PEBC)

Address: 616 Six Flags Drive, Suite 200Arlington, TX 76011

The portion of the Dallas County Public Employee Benefits Cooperative Plan that is self-funded (PEBCEPO Medical Plan, PEBC PPO Medical Plan and PEBC Dental Plan) is not provided through insurance.Dallas County elects under authority of section 2721(b)(2) of the Public Health Service Act (PHS Act),and 45 CFR 146.180 of Federal regulations, to exempt the self-funded portion of the plan from thefollowing requirements of title XXVII of the PHS Act:

1. Limitations on preexisting condition exclusion periods.

2. Special enrollment periods.

3. Prohibitions against discriminating against individual participants and beneficiaries based on healthstatus.

4. Standards relating to benefits for mothers and newborns.

5. Parity in the application of certain limits to mental health benefits.

6. Required coverage for reconstructive surgery following mastectomies.

This election has been made in conformity with all rules of the plan sponsor, including any publichearing, if required. I certify that the undersigned is authorized to submit this election on behalf of DallasCounty Public Employee Benefits Cooperative Plan. The notice will be provided to plan enrollees inaccordance with 4S CFR 146.180(f). IfCMS has any questions regarding this election, please contact thePlan Administrator, PEBC, Attn: Diana Kongevick at 817-695-9141.

STATE OF TEXAS, COUNTY OF DALLAS

By: :--: _

Margaret Keliher, County Judge

Date: _

Q\Bnefings 2004IPEBC 2004 HIPAA Exemption DocumenUltaChment 120903.doc

I:R BILL HILL\\~) . }) CRIMINAL DISTRICT ATIORNEY

"~~E OF ,,,+ DALLAS COUNTY, TEXAS ~~l, .... " c·'

..... \ II ,.,' ( .. '

DATE:

TO:

FROM:

RE:

December 3, 2003 (for Briefmg December 9,2003)

Dallas County Commissioners Court

Kimberly Key Gilles for Bill HiIVDistrict Attorney

President's Family Justice Center Initiative

BackgroundThe Family Violence Division of the Dallas County District Attorney's Office has been contacted about applying fora grant application funded through the Violence Against Women's Office of the Department of Justice. Anapplication for this grant is due February 5, 2004 but a non-binding letter of intent to apply is due December 12,2003. The District Attorney's Office would like to have this letter filed on behalfof Dallas County. Filing this letterwould allow us time to work with the various County departments and outside agencies to determine if in fact agrant application should be filed. Failure to file this letter bars the County from the opportunity to apply.

Operational ImpactThe premise behind the President's Initiative is to co-locate prosecutors, police, non-profit victim assistants andservice providers, civil legal attorneys and medical professionals in one centralized location with the goal ofimproving access to services for victims of family violence. The practical effect of this project would meanconstruction/renovation of a yet to be determined space for this center. Additionally, staff may be funded from thisgrant.

Financial ImpactThe grant requires no match and application in an amount not to exceed $1.5 million for construction/renovation andstaff. An additional $165,000 may be requested for civil legal assistance. Legal Aid ofNorthwest Texas, currently aparticipant with the County in another Family Violence grant collaborative, would apply separately for this$165,000 amount.

RecommendationThe District Attorney's Office recommends that the Commissioners Court approve the filing of a non-binding letterof intent to apply for a grant under the President's Family Justice Center Initiative and recommends that the CountyJudge be authorized to sign all related documents.

Frank Crowley Courts Building. 133 N. Industrial Blvd., L.B. 19 • Dallas, Texas 75207-4399 • 214/653-3600

COURT ORDER

ORDER NO. _

DATE: _

STATE OF TEXAS

COUNTY OF DALLAS

BE IT REMEMBERED, at the regular meeting of the Commissioners Court of Dallas County,

Texas, held on the day of , 2003, on motion made

by , and seconded

by , the following Order was adopted:

WHEREAS, grant funds are available under the Department of Justice, Violence AgainstWomen's Office, President's Family Justice Center Initiative; and

WHEREAS, Dallas County must file a non-binding letter of intent to apply for said funds; and

WHEREAS, the non-binding letter of intent must be delivered by December 12,2003; and

WHEREAS, the Court was briefed on the letter of intent requirement on December 9, 2003

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas CountyCommissioners Court does hereby approve the submission of a non-binding letter of intent toapply for a grant under the Department of Justice, Violence Against Women's Office, President'sFamily Justice Center Initiative and authorizes the County Judge to sign all documents relevantto said letter of intent

DONE IN OPEN COURT THIS THE day of 2003.

Margaret KeliherDallas County Judge

Jim JacksonCommissioner District 1

Mike CantrellCommissioner District 2

John Wiley PriceCommissioner District 3

Kenneth A. MayfieldCommissioner District 4

(j(~Recommended by ..-L~~~~i<===-U~~/~1::::..:..

Kimberly Key illesAssistant District Attorney

To:

From:

Date:

Subject:

COMMISSIONERS COURT

Kimberly Key Gilles for Bill HillJDistrict Attorney

December 3, 2003 (For December 9, 2003 Agenda)

BRIEFING AND COURT ORDER ON SAME DATE

The request for approval to file a non-binding letter of intent to apply for a grant under theDepartment of Justice, Violence Against Women's Office. President's Family Justice CenterInitiative needs to be briefed and court ordered on the same date for the following reasons:

1. The letter of intent is due December 12,2003.

2. The county is unable to apply for the grant in February 2004 unless this letter has been filed bythe December 12, 2003 deadline.

3. To delay the court order until the week of December 16,2003 will cause Dallas County to beineligible to apply for the grant.

Letter of Intent

Dear Office on Violence Against Women:

I intend to apply for funds under the President's Justice Center Initiative.

Name: Kimberly Gilles

Date: December 3,2003

Position: Administrative Attorney

Organization: Dallas County Criminal District Attorney's Office

Address: 133 N. Industrial Blvd., LB 19

City/State/Zip: Dallas, Texas 75207

Phone: 214-653-3600

FAX: 214-653-2924

E-mail: kgilles@dallascounty.org

DALLAS COUNTYPURCHASING DEPARTMENT

,.-..,..,'-

, ,

December 9, 2003

TO:

FROM:

SUBJECT:

The Honorable Commissioners Court ,-""

1 /~'Gloria Reyes, Buyer Jll~> A ~ -../. . 'i t./

---,-,-- ~ ~

ANNUAL CONTRACT FOR PRE-SO MMLING SERVICESBID #2002-064·1083

BACKGROUNDIISSUE

On January 8, 2002 the Dallas COWlty Commissioners Court awarded the Annual Contract for Pre-SortMailing Services, Bid #2002-064·1083 to Save On Mail. The CommWlications & Central ServicesDepartment has requested that the contract be extended for an additional twelve month period.

Save On Mail has perfonned satisfactorily and has agreed to extend the contract for the period February I,2004 through January 31, 2005.

INSURANCE AND MJWBE COMPLIANCE

Save On Mail has provided the necessary and compliant insurance documents to confono to the bidspecifications as outlined in Bid #2002-064-1083. In addition.. they have provided Dallas COWlty with anupdated EEO I fonn for your review.

FINANCIAL IMPACT

The estimated annual cost of this contract is S15, 200.00 and funding is available through the general fundbudget.

RECOMMENDAnON

The Purchasing Department, in conjWlction with tlIe Communications Department, recommends extendingBid #2002-064-1083, Annual Contract for Pre-sort Mailing Services. The extension is based on existingtenns, conditions and pricing set forth in the original bid award.

Should the Court concur with this recommendation.. a Court Order will be scheduled for the next fonnalagenda.

Recommended for Approval:

~1Il~Dlrector/gr

AttaclunentC: Chris Thompson, ConuoWlications & Central Services

Anna Wallace. Records Management

509 Main Street, Suite 6236th Floor Records Building

Dallas, Texas 75202-4616 Office (214) 653-7431

Print And Mail Sohdions

November 18, 2002

Ms Gloria ReyesDallas County Purchasing509 Main Street Room 623Dallas, TX 75202

RE: EXTENSION TO B(D NUMBER 02064.083 FOR AN ADDITIONAL YEAR

Dear Ms. Reyes

Save On Mail would like to extend the contract offered to us under bid Qumber 020641083 for an additionalyear upon its expiration in January 2004. The extended contract would run tbrough January 2005.

All terms and conditions wJl\ remain the same as in the eXISting contr4l't. I am abo attaching I copy of ourInsurance certificate shOWing our liability coverage as well as the worke" compensahOD coverage withDallas County as loss payee

We appreciate the opportunity of provIding our services to Dallas County .Please caH me .(you have anyquestions.

~Zahoor Slah;

(BY MAIL .we I ; iJ{)

1617 West Crosby, Sfe 106. CalToJlton, TX 75006 • Ph. (972) 323-3150 * Fax (972) 323·3156

DALLAS COlJNTY COM'A~YH~~:~ cnV M4JL~

I Vrtldor St;II.i1tic:IJ Rep." .aOOlUSS; /6/7 f,J\ C R0SJ3'1' 1.20 =#(06 cd,d>, L ?@...I ~~"'''''''''''I'''tI''-'' 7

"'-aw... r.~n... ~y"., TUUHOl'f£: 97'2- 323 3/S-Q(... ,....__iIl

~\~LE WHJT[ '~CK KU~~"'IC ~ATtVr: .. /\ott•. ASIA1'l PACifIC ~Sl",'f INOINl 0'T"r:.

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SOF7

- "

December 9,2003

TO:

FROM:

Subject:

The Honorable Commissioners Court IJ /

Phillip 1. Vasquez, Purchasing Director/Jf;~~Rational for Same Day Briefing I tl/

This item is being briefed on the same day the Court Order is scheduled due to the amount oftime payment has been withheld.

DALLAS COUNTYPURCHASING DEPARTMENT

December 9,2003

TO:

FROM:

Subject:

The Honorable Commissioners Court

Scott McDowell, Senior Buyer

Workers Compensation Insurance, Bid No. 2003-133-1384, Annual Contract forResidential Mechanical Services

BACKGROUNDIISSUE

Stratford's Air Conditioning and Heating was awarded Bid No. 2003-133-1384, Annual Contract forResidential Mechanical Services, for the period beginning October 1,2003 through September 30, 2004.This contract provides on-site residential plumbing and electrical services for clients participating in theComprehensive Energy Assistance Program (CEAP). The objective of this contract is to achieve energyefficiency by repairing, retrofitting and/or replacing heating and cooling units in order to provide overallenergy cost and consumption reductions. One of the requirements of this contract is for the vendor tohave workers compensation insurance coverage. Stratford's Air Conditioning and Heating began workunder this contract on or about October 1,2003, but didn't obtain workers compensation insurancecoverage until November 21,2003. Therefore, there is a lapse in workers compensation insurancecoverage from October 1,2003 to November 20,2003. To Stratford's Air Conditioning and Heating andDallas County's knowledge, there have been no adverse occurrences which caused bodily damage orinjury during the time Stratford's Air Conditioning and Heating performed work under this contractwithout workers compensation insurance coverage. Accordingly, attached are signed affidavits from theowner of Stratford's Air Conditioning and Heating and the employees who performed work under thiscontract.

FINANCIAL IMPACT

The Dallas County Auditor is currently withholding issuance of a check for $9,890.50.

RECOMMENDATION

Stratford's Air Conditioning and Heating has acquired the workers compensation insurance coverage andis in contract compliance with all insurance requirements; and has signed the prepared affidavits. As aresult, the Purchasing Department, in conjunction with the Health and Human Services Department,recommends that the Commissioners Court authorize the Auditors Office to release payment toStratford's Air Conditioning and Heating for the amount of $9,890.50.

Should the Court concur with the recommendation, a Court Order has been prepared for this agenda.

RECOMMENDED FOR APPROVAL

1Ir.rha.smg Director

509 Main Street, Suite 62361M Floor Records Building

Dallas, Texas 75202-4616 Office (214) 653-7431

6=

AFFIDAVlT OF BOYD STRATFORD

STATE OF TEXAS §§

COUNTY OF DALLAS §

BEFORE ME, the undersigned authority personally appeared Boyd Stratford,

Individually and doing business as Stratfords Air Conditioning and Heating, who after

being by me first duly sworn, deposed and stated as follows:

"My name is Boyd Stratford appearing herein individually and as owner of

Stratfords Air Conditioning and Heating. I am over 21 years of age, of sound mind,

authorized and fully competent to make this affidavit. I have never been convicted of a

felony or misdemeanor involving moral turpitude. I have personal knowledge of the facts

and representations stated for the reasons stated herein, and such facts and representations

are true and correct."

"My name is Boyd Stratford. I am owner of Stratfords Air Conditioning and

Heating located at PO Box 3369, Cedar Hill, Tx. 75106. Dallas County issued Bid No.

2003-133-1384 (hereinafter "Bid"). I responded to the Bid on or before August 4, 2003,

and was awarded some or all of the Bid by Dallas County Commissioners Court to

accomplish the work as shown in my Bid Proposal. Bid provision three (3) required the

successful contractor to maintain Workers' Compensation Coverage meeting the

requirements established by the Texas Workers' Compensation Act, Title 5, Subtitle A,

Texas Labor Code. I did not maintain Workers' Compensation Insurance as required by

the Bid during the term ofOctober 1, 2003 through November 20,2003.

I am not aware of any work-related injuries, illnesses or occupational diseases

sustained by my employees who worked for me during the term of the Bid. Nor has any

employee given me notice of any work-related injury, illness, or occupational disease

within the time limit required of such notice provided by the Texas Workers'

Compensation Act. I do not have knowledge of an intent or plan by my employees to file

a Workers' Compensation claim.

"Further affiant sayeth not."

~dc:ffJ:ft~d~/~Stratfords Air Conditioning and Heating

SWORN TO AND SUBSCRIBED TO BEFORE ME, on this !s::t day of

C'JQL. ,2003.

\I!IHIII

",<~~.f.i;"~ CARMEN R. NIXONfi;'~~"%: Notary Public State of r..lIs\ \ 1Ji{. j j Commission Expires\~ ~ MAY 1Q. 2007

Commission Expires

Notary PublIc .State ofTexas

.-\.FFIDAHT OF FER.'i.-\..\'"DO TORRES

STATE OF TEXAS §§

COUNTY OF DALLAS §

BEFORE ME, the undersigned authority personally appeared Fernando Torres, who after being by

me first duly sworn, deposed and stated as follows:

"My name is Fernando Torres appearing herein individually and as an employee of Stratfords Air

Conditioning and Heating. I am over 21 years of age, of sound mind, authorized and fully competent to

make this affidavit. I have never been convicted of a felony or misdemeanor involving moral turpitude. I

have personal knowledge ofthe facts and representations stated for the reasons stated herein, and such facts

and representations are true and correct."

"My name is Fernando Torres. I am an employee of Stratfords Air Conditioning and Heating

located at PO Box 3369, Cedar Hill, Tx. 75106. I have performed work for Stratfords Air Conditioning and

Heating from October 1, 2003 to the present. During this time period I have not incurred any physical,

mental, or emotional injury, nor have I sought medical attention for ~y work-related injury or illness in

connection with my duties at Stratfords Air Conditioning and Heating. I hereby declare that I do not plan

to seek compensation, or file any claim in connection with any injury or illness for the period ofOctober 1,

2003 to November 20, 2003. Nor am I aware of any accident, injury, illness, or event that has transpired

from October 1,2003 to November 20,2003 that would give rise to a claim under the Texas Workers'

Compensation Act."

"Further affiant sayeth not."

SWORN TO AND SUBSCRIBED TO BEFORE ME, ON this the 1st day of xJ~ 200)'. 3

OdAft-W /~Notary Public [State of Texas

Commission expires

AFFIDA VlT OF FREDRICK BATILE

STATE OF TEXAS §§

COUNTY OF DALLAS §

BEFORE ME, the undersigned authority personally appeared Fredrick Battles, who after being by

me first duly sworn, deposed and stated as follows:

"My name is Fredrick Battk appearing herein individually and as an employee of Stratfords Air

Conditioning and Heating. I am over 21 years of age, of sound mind, authorized and fully competent to

make this affidavit. I have never been convicted of a felony or misdemeanor involving moral turpitude. I

have personal knowledge ofthe facts and representations stated for the reasons stated herein, and such facts

and representations are true and correct."

"My name is Fredrick Battle . I am an employee ofStratfords Air Conditioning and Heating located

at PO Box 3369, Cedar Hill, Tx. 75106. I have performed work for Stratfords Air Conditioning and Heating

from October 1, 2003 to the present. During this time period I have not incurred any physical, mental, or

emotional injury, nor have I sought medical attention for any work-related injury or illness in connection

with my duties at Stratfords Air Conditioning and Heating. I hereby declare that I do not plan to seek

compensation, or file any claim in connection with any injury or illness for the period of October 1,2003

to November 20,2003. Nor am I aware of any accident, injury, illness, or event that has transpired from

October 1, 2003 to November 20, 2003 that would give rise to a claim under the Texas Workers'

Compensation Act."

"Further affiant sayeth not."

SWORN TO AND SUBSCRIBED TO BEFORE ME, ON this the ISf' day of /)k.. 200),. 6

Commission expires

AFFIDA\1T Of RO~ALD ED\\'ARDS

STATE OF TEXAS §§

COUNTY OF DALLAS §

BEFORE ME, the undersigned authority personally appeared Ronald Edwards, who after being by

me first duly sworn, deposed and stated as follows:

"My name is Ronald Edwards appearing herein individually and as an employee of Stratfords Air

Conditioning and Heating. I am over 21 years of age, of sound mind, authorized and fully competent to

make this affidavit. I have never been convicted of a felony or misdemeanor involving moral turpitude. I

have personal knowledge of the facts and representations stated for the reasons stated herein, and such facts

and representations are true and correct."

"My name is Ronald Edwards. I am an employee of Stratfords Air Conditioning and Heating

located at PO Box 3369, Cedar Hill, Tx. 75106. I have performed work for Stratfords Air Conditioning and

Heating from October 1, 2003 to the present. During this time period I have not incurred any physical,

mental, or emotional injury, nor have I sought medical attention for any work-related injury or illness in

connection with my duties at Stratfords Air Conditioning and Heating. I hereby declare that I do not plan

to seek compensation, or file any claim in connection with any injury or illness for the period ofOctober 1,

2003 to November 20,2003. Nor am I aware of any accident, injury, illness, or event that has transpired

from October 1, 2003 to November 20, 2003 that would give rise to a claim under the Texas Workers'

Compensation Act."

"Further affiant sayeth not."

SWORN TO AND SUBSCRIBED TO BEFORE ME, ON this the lsi- day of tit 209Z g

l<~~·'f~;\:. CARMEN R. NIXONi ii.:J.:.~~ Notary Public Stltl of rlxas\~.~.'.~j Commission Expires"",t1of~l MAY 19, 2007" ~

Commission expires

C4AIPJJ-/ LfU{fJ-Notiry PublicState of Texas

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

o· 5"-,. :

December 1, 2003

To:

Through:

From:

Subject:

Commissioners Court ~¥Ryan Brown, Budget Officer

Shawn Balusek, Budget and Policy Analyst~

Title Changes for Positions reporting to the Commissioners Court AssistantAdministrator

BACKGROUND:In 1997, Commissioners Court approved the reorganization of various County functions to includethe creation and redefining of the Department of Communication and Central Services, FacilitiesManagement, Engineering and Project Management, and Planning and Development with thesedepartments reporting directly to the Commissioners Court Assistant Administrator.

During this process, two positions that report to the Commissioners Court Assistant Administratorwere provided the title of Director and two were provided the title of Assistant Director. The twoDirector positions are Director of Communication & Central Services and Director of Planning &Development and the two Assistant Director positions are Assistant Director of FacilitiesManagement and Assistant Director of Engineering and Project Management.

The Commissioners Court Assistant Administrator has requested that the Human Resources/CivilService Department review the job titles and change the titles to Director of Facilities Managementand Director of Engineering and Project Management.

IMPACT/OPERATIONS:There would be no operational impact if the title of the two Assistant Director positions are changedto Director.

FINANCIAL IMPACT:Since no reporting relationship or position responsibility will be revised, there will be no positiongrade change.

REC01\iIMENDATION:The Office of Budget and Evaluation recommends that the Human Resources/Civil ServiceDepartment review the titles of the Assistant Director of Facilities Management and AssistantDirector of Engineering and Project Management to determine if the positions should be titledDirector.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6655. Fax (214) 653-6517. sbalusek@dallascounty.org

DALLAS COUNTY 03;:':""'-?OFFICE OF BUDGET AND EVALUATION" 'oJ P:: 2: 1.~

December 3.2003

TO: Commissioners Court

THROUGH: Ryan BrownBudget Officer~

FROM: Shannon Brown '1J ~ VAssistant Budget Officer

SUBJECT: District Attorney Prosecutor Longevity Pay

Background

In the 77th Legislative Session, HB 178 implemented a required longevity paymentprogram for prosecutors ($20 per month for each year of service with a maximum ofS5,000 per year). An Attorney General opinion clarified that the payment was mandatoryeven though funding was not included in the State's General Appropriations Act. DallasCounty began paying the longevity payments to eligible prosecutors in January 2002.

In the 78th Legislative Session, the prosecutor longevity program was amended to allowcounties to receive reimbursement prospectively based on the funds available through anew SIS fee on bail bonds to fund the program statewide (HB 1940). It is anticipated thatthis funding source will be sufficient to cover the cost of the program. The purpose ofthis briefing is to outline a procedure for continuing the longevity payment program forprosecutors and recommend its approval.

Operational Impact

The SIS bail bond fee is being collected at the County level and forwarded to the State tobe held in a dedicated fund. Counties submit quarterly reimbursement requests detailingthe actual cost of longevity payments. If the reimbursement requests submitted bycounties exceeds the amount available in the fund, the reimbursement to each county willbe prorated. Counties are then allowed to prorate the longevity payments based on the

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

(214) 653-6386 • Fax (214) 653-6517 • sbrown@dallascounty.org

amount of reimbursement received. Under this reimbursement process, counties are notrequired to disburse longevity payments to the prosecutors until funds are received fromthe State.

Currently in Dallas County, eligible prosecutors receive their longevity payment as a partof their bi-weekly paycheck. The District Attorney's Office is requesting that thelongevity payment program be continued as it currently operates, with prosecutorsreceiving the full payment in their bi-weekly paychecks. Maintaining the current systemwill allow the processes developed in the Auditor's and Treasurer's Office to continue,eliminate the need to account for prorated payments, and eliminates the need to issueseparate checks based on reimbursements received from the State.

In order to ensure that the County does not bear the cost of the longevity program in theevent the dedicated State fund does not have sufficient funds, the District Attorney'sOffice suggests that the longevity program be funded up front by the hot check fund. Anyreimbursement received will be deposited to the hot check fund. In the event thereimbursement is not sufficient to cover the total cost of the payments, the hot check fundwill cover the difference.

Financial Impact

There is no impact to the General Fund under this process. The estimated FY2004 cost ofthe prosecutor longevity program is $265,000. The FY2004 approved budget includesthis amount as an expenditure in the District Attorney's budget and as a revenue to theGeneral Fund. The District Attorney's hot check fund will bear the cost of any reducedreimbursement from the State.

Recommendation

The Office of Budget and Evaluation recommends that the prosecutor longevity paymentprogram continue to be paid through the bi-weekly payroll process. The DistrictAttorney's Office will reimburse the full cost of the program through the hot check fundand all reimbursements received from the State will be deposited to the hot check fund.This method will allow the District Attorney's Office to bear the cost in the event Statereimbursements are not sufficient to cover the full cost of the program.

December 9, 2003

MISCELLANEOUS

1) HEALTH & HUMAN SERVICES DEPARTMENT- requests approval to accepta $20,000 donation from TXU Electric and Gas to assist those in need with theirelectric and gas utility payments.

2) CONSTABLE, PRECINCT 2 - is notifying Commissioners Court that they wereawarded $25,000 from the Tobacco Compliance for Local Law EnforcementAgencies Grant. This grant does not require a County match. Commissioners Courtwas briefed Tuesday, May 13, 2003, regarding the Constable's application for thegrant.

Under the Tobacco Compliance Grant, Deputies will conduct random inspections,"stings", community education events and prepare reports with the results of theactivities. The grant will be used to pay for the labor associated with enforcementIt will also be used to reimburse Dallas County fot any overtime expendedperforming grant functions. In addition, .the grant .pays for two Deputies to attendtraining and receive all materials, forms and reportstequiredby the grant ConstableGothard was awarded this grant in September. The grant is from September 1, 2003through August 31, 2004.

TRAVEL REOUESTS

3) COUNTY AUDITOR - requests approval for Wessen Stefanos, Priscila Brazeau,and Hamed Husain to attend the Analyzing NonprofitFinancial Statements Seminarin Dallas, Texas on December 12, 2003: $255 (registration fee of $S5 each) isavailable inGrantFund, Title I Department, Conference/StaffDevelopment Account,FY 2003, (00466.65502.02050.2003).

4) INSTITUTE OF FORENSIC SCIENCES - requests approval for Chris Heartsillto attend and participate in the National Association ofDrug Diversion InvestigatorsConference in Fort Worth, Texas on December 15-16, 2003 at no other cost toDallas County.

5) PUBLIC ''''ORKS DEPART~tENT • requests approval for Roy Sanderson toattend and participate in the AutoCAD Fundamentals 4-day Course in Dallas, Texason December 15-19, 2003: $995 (registration fee) is available in General Fund,Public Works Department, Conference/Staff Development Account, FY Budget2004, (00120.2010.2050.2004).

6) CONSTABLE, PRECINCT 5 - requests approval for:

a) Larry A. Waller to instruct the Civil Process Seminar for the Justice of thePeace and Constable's Association ofTexas in San Antonio, Texas on January8-11, 2004 in a County vehicle with gas credit cards and no other cost toDallas County.

b) Larry A. Waller to instruct the Civil Process Seminar for the Justice of thePeace and Constable's Association ofTexas in Galveston, Texas on April 13­16, 2004 in a County vehicle with gas credit cards and no other cost to DallasCounty.

c) Larry A. Waller to instruct the Civil Process Seminar for the Justice of thePeace and Constable's Association of Texas in Austin, Texas on May 4-7,2004 in a County vehicle with gas credit cards and no other cost to DallasCounty.

7) HEALTH & HUMAN SERVICES DEPARTMENT - requests approval for:

a) Kathy Hankins to attend the Training on CATS software in McLean, VA onDecember 14-17, 2003: $1,189.48 is available in Grant Fund, OPHPBioterrorism Department, Conference Training Account, FY Budget 2004,(00466.08723.02460.2004).

b) Thomas J. Davis to conduct an STD Update in Odessa, Texas on January 19­20, 2004: $452 is available in Grant Fund, STD Trg/CDC Department,Conference Training Account, FY Budget 2003, (00466.08900.02460.2003).

EXCEPTION TO TRAVEL REOUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXCEPTIONS ARE CONSIDERED TOiBEAPPROVED

c) Susan Kent, Estela Meza, Eleanor Weddington, Benjamin Olayinka, ChristineKellam-King, Gwendolyn Graves, and Patricia Minyard to attend theExploring TBIBT Linkages in Dallas, Texas on December 3, 2003 at no costto Dallas County.

MISCELLANEOUS EOUIPMENT

(1)

(2)

DEPARTMENT: 1080ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 3145ITEMS:

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

Purchasing Department1 - Computer$1,365Major Technology Fund00195.0.02093.2003.0.92014 (Major TechnologyFund. Computer Hardware Less Than $5,000,FY2003, Computer Replacement Equipment)The Purchasing Department is requesting a newcomputer to replace an existing computer. The newcomputer will allow the Purchasing Department topost bids on-line, post bid tabulations, addendums andother purchasing information on-line for access fromvendors and the public. The ManagementInformation Systems Department has determined thatthe current computer does not have the minimumrequirements to run the program that would allow thePurchasing Depa.rtD!ent to utilize the internet to postbids, Recommended by Management InformationSystems,

Sheriff's Office, George Allen Jail1 - Dell Laptop Battery ($250)1 - HP 6127 Deskjet Printer ($249)$499Major Technology Fund00195.0.02093.2003.0.92014 (Major TechnologyFund. Computer Hardware Less Than $5,000,FY2003, Computer Replacement Equipment)The Sheriffs Office, George Allen Jail, has requestedone (1) Dell Laptop Battery and one (1) HP 6127Deskjet Printer. The current laptop battery must bereplaced and is no longer under warranty. Therefore,a new battery is necessary. The printer has beendamaged and the maintenance to repair the printerexceeds the cost to purchase a new printer. Inaddition, HP no longer sells the model nor does itprovide any parts or support to maintain the printer.Recommended by Management Information Systems.

(3) DEPARTMENT:ITEMS:

1090 Data Services3 - cartridges for HPIII laser printers (3 x $70) $2101 - Data Modem w/cable $110

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

(4) DEPARTMENT:ITEMS:ESTIMATED COST:FUNDING SOURCE:PROPOSED ACTION:

(5) DEPARTMENT:ITEMS:ESTIMATED COST:FUNDING SOURCE:PROPOSED ACTION:

(6) DEPARTMENT:ITEMS:

ESTIMATED COST:FUNDING SOURCE:PROPOSED ACTION:

$320Within Budget00120.1 090. 02690. 2004(General Fund, Data Services,Hardware and electrical supplies, FY2004,)IT Services request authorization to purchase theabove listed items to support the County's ComputerDisaster Recovery efforts. Recommended by the MISDirector.

4505 County Court at Law 51 - HP3330 Printer/CopierlFax Machine$700DDAJudge Greenberg ofCounty Court at Law 5 isrequesting permission to purchase aPrinter/CopierlFax Machine for use by his courtclerks utilizing DDA funds. Recommended byOffice of Budget and Evaluation.

4504 County Court at Law 4Carpeting for Court Room$850DDAJudge Bruce Woody ofCounty Court at Law 4 isrequesting permission to lay carpet in his courtroomusing DDA funds. Recommended by Office ofBudget and Evaluation.

4501 County Court at Law 16 - Chairs for Jury Room ($1,800)4-CourtRoom Chairs and I-Counsel Table ($1,500)Carpeting for Court Room ($850)$4,150DDAJudge Roden of County Court at Law 1 isrequesting permission to replace the above items inhis courtroom using DDA funds. Recommended byOffice of Budget and Evaluation.

TELECOMMUNICATIONS REQUEST

District Attorney - requests:D-0411008 to install a data-line cable in the D.A. work room in CCC # 1 to provide accessto the D.A VLAN. Installation: $63.95; no monthly service increase. Recommended.

M-0411009 to install a multi-line phone in room C5-l5 on the 10th floor of the FCCB fora new office. Installation: $38.00; no monthly service increase. Recommended.

Facilities Mana&ement M-0411028 & D-0411006 requests to relocate a existing multi-linephone and a data-line to a new location behind the Jury room. Installation: $56.32; nomonthly service increase. Recommended.

Sheriff M-0411007 requests to install a multi-line phone in room C-15 on the lit floor ofthe FCCB for a Receptionist workstation. Equipment: $38.00; labor provided by contract;no monthly service increase. Recommended.

134- Civil District Court M-041l026 requests to install a phone line with a speaker phoneon the bench to allow the court to provide conference calls when needed. Equipment:$38.00; labor provided by contract; no monthly service increase. Recommended.

Constable Precinct 2 M-04110029 & D-0411007 requests to install two multi-line phonesand one terminal and one printer for two Deputies new office. Installation: $363.98; nomonthly service increase. Recommended.

Juvenile District 6 M-0411018 requests to install phone line cabling to relocate a faxmachine and printer to a new location. Installation: $132.00; no monthly service increase.Recommended.

SheriffCgmmupications D-0411001 requests to install a data-line cable in class room A-5to connect to the RMS network. Installation: $41.50; no monthly service increase.Recommended.

SDGC Truancy Court M-0411015 requests to install a single-line phone on the bench inthe court room for the Judge. Installation: $41.50; no monthly service increase.Recommended.

District Clerk D-0411010 requests to install a data-line cable on the 2nd floor of the FCCBto connect a network printer. Installation: $55.00; no monthly service increase.Recommended.

J.P. Court Precinct 1-2 D-0411003 requests to install a data-line cable in the office toprovide new Clerk access to network. Installation: $58.75; no monthly service increase.Recommended.

Tax Office M-0411014 & D-0411005 requests to install phone cabling and data-linecabling to relocate work stations in department for better efficiency. Installation: $99.00; nomonthly service increase. Recommended.

Funding for the above request is available from countywide Department 800, line item 432,Telephone Contingency.