20040319_784.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:MARCH 17 2004
RE:EXPIRATION OF THE COMMISSION'S TRS ADMINISTRATOR
CONTRACT
On April 1 , 2004, the existing contract between the Commission and its TRS
Administrator, Bob Dunbar, will expire. The existing contract was executed in March 2001 for a
period of three years, or until April 1 , 2004. The purpose of this memorandum is to determine
whether the Commission wishes to renew Mr. Dunbar s contract.
THE EXISTING CONTRACT
Idaho Code 961-1303(1) states that the Commission "shall contract with a qualified
person to administer" the TRS program.Pursuant to this authority, the Commission last
executed a contract with Mr. Dunbar in March 2001. Under the general terms of the Contract
Mr. Dunbar performs the duties of the TRS Administrator including, but not limited to: filing
annual and quarterly TRS reports; meeting with stakeholders; contracting with service providers
to actually perform the relay services; and performing other duties as required by the
Commission.
Under the current Contract, the TRS Administrator is compensated at a rate of $50
per hour. The Administrator s compensation shall not exceed a total annual amount of $30 000
without the expressed written permission of the Commission. Contract 9 4.1. Neither the Staff
nor the Administrator is recommending any change to the hourly rate. The existing contract is
attached for your review
According to 94.3 of the contract, the Commission may renew the contract. Renewal
or amendment of the contract must be in writing and signed by authorized representative of the
Commission and the Administrator. fd. at 95.2.
DECISION MEMORANDUM
STAFF RECOMMENDATION
In Staffs view, Mr. Dunbar has performed admirably as the TRS Administrator. He
has discharged his duties as Administrator in a professional manner. Both Staff and the
Administrator recommend that the total amount of the contract be increased by 10%. The reason
for this proposed increase is the number of pending TRS issues at the federal level including
proposals to implement video relay, internet relay, and "closed captioning" relay services. Staff
recommends that his contract be renewed for another three-year period. The new contract would
terminate on April 1 , 2007.
COMMISSION DECISION
Does the Commission wish to renew Mr. Dunbar s contract as TRS Administrator?
What period of time? Does the Commission wish to consider anything else?
Don Howell
Vld/M:TRS Admin Contract dh
DECISION MEMORANDUM
CONTRACT FOR TRS ADMINISTRATOR
1.1
1. Identification of Parties and Purpose of Contract
Parties. This contract is entered into by and between the IDAHO PUBLIC
UTILITIES COMMISSION (Commission) whose principal office is located at 472 West
Washington Street, PO Box 83720, Boise, Idaho 83720-0074, [phone], and Robert D.
Dunbar (the TRS Administrator), with offices 2545 N. Waggle Place, Meridian, Idaho 83642.
1.2 Statutory Authority. Idaho Code 99 61-1301 et seq. require the establishment and
operation of a State telecommunications relay services (TRS) program to provide telecommunica-
tions relay services to hearing-impaired and speech-impaired persons. This program will be carried
out through a TRS Administrator and a TRS provider. Idaho Code 9 61-1303(1)(a) provides that
the Commission shall contract with a qualified person to administer the program (the TRS
Administrator).
1.3 Contract for Administrator.This contract is a contract with the TRS
Administrator. The TRS Administrator s obligations under this contract are to be responsible for
administration, collection and distribution of monies for the Telecommunications Relay Services
Fund (TRS Fund), necessary liaison among the TRS provider and its representatives, administer the
bidding process for the TRS provider, the Commission, and the public, and other duties as may from
time to time arise in the administration of this program and the TRS fund.
2. Responsibilities of the TRS Administrator
Incorporation by Reference. The TRS Administrator shall fulfill the duties and
obligations imposed by Idaho Code 9961-1301 et seq.the Commission s TRS Rules (IDAPA
31.46.02.000 et seq.
),
orders of the Commission, and this contract with the Commission, as currently
in effect or amended in the future. The legal requirements of all such statutes, rules and orders are
incorporated by reference into this contract.
Availability of TRS Administrator. The TRS Administrator shall meet at least
annually with the Telephone Industry Technical Advisory Committee (or its representatives)
appointed by the Commission, the Idaho State Council for the Deaf and Hard of Hearing (or its
representatives), and the Idaho State Council on Developmental Disabilities (or its representatives),
TRS CONTRACT
Office Expenses. In addition to the Administrator s hourly fee (as approved by the
Commission), the TRS Administrator may charge the TRS fund for the cost of reasonable and
ordinary office expenses, including: secretarial, clerical, telephone, mailing and copying costs, and
may call upon the Commission to provide secretarial, clerical, telephone, mailing and copying
services without charge.
3. Responsibilities of the Commission
Commission Assistance. The Commission may provide the TRS Administrator with
secretarial, clerical, telephone, mailing and copying assistance upon written request by the
Administrator. The Commission may provide the Administrator advice and other technical assistance
concerning the legal requirements of the TRS program, and will be generally available to assist the
TRS Administrator in the performance of the Administrator s duties. Any assistance provided the
Administrator by the Commission shall be strictly voluntary and will not relieve the Administrator
of the Administrator s obligations to perform the services as an independent contractor.
4. Compensation-Term of Contract
The TRS Administrator s Compensation. The TRS Administrator shall be
compensated for duties performed in the administration of the TRS fund at $50 per hour. The
Administrator s compensation shall not exceed a total annual amount of $30 000 without the
expressed written permission of the Commission.
Additional Compensable Expenses. The TRS Administrator is authorized to incur
expenses for sign language interpreters, for legal services, for necessary travel and other reasonable
expenses of administration ofthe TRS fund including, but not limited to, reasonable office expenses
and the costs of insuring the TRS Administrator against liability for errors or omissions arising out
of the performance of his duties as administrator. Travel expenses shall be billed at the mileage
lodging and per diem rates not to exceed those amounts authorized for claims by State employees.
Expenses authorized by this paragraph shall be submitted once monthly to the Commission for
approval before reimbursement from the TRS Fund. The TRS Administrator shall maintain
vouchers supporting the amount of reimbursement received. The Commission may inspect these
TRS CONTRACT
Amendment to Contract. Any changes to this contract must be in writing and
signed by authorized representatives of both parties.
Best Efforts. The TRS Administrator s work will be on a best effort basis. The TRS
Administrator trusts the results will meet the objectives sought. The TRS Administrator s liability
to the Commission, if any, for any damages direct or consequential resulting from breach of this
contract will be limited to the amount paid the TRS Administrator under this contract; provided
however, the TRS Administrator agrees to hold the Commission and the state of Idaho harmless
from liability for injury to persons or to property which may result from the performance of this
contract.
5.4 Not an Employment Contract. This contract is not an employment contract. The
TRS Administrator at all times remains an independent contractor, and this contract does not create
an employee/employer relationship. Idaho Code 961-1303(1)(a). The TRS Administrator shall be
responsible for paying all employment-related taxes and benefits, such as federal, state and local
income tax withholding, social security contributions, and employment insurance premiums, health
and life insurance premiums, pension contributions, and similar items.
Worker s Compensation. Before this contract takes effect, the TRS Administrator
must submit evidence of worker s compensation insurance coverage or provide a statement that he
is the owner of a sole proprietorship, a working member of a partnership, or an officer of a
corporation owning more than 10% of the issued and outstanding voting stock of the corporation.
See Idaho Code 972-212 A certificate of proof of coverage from the TRS Administrator
insurance carrier will satisfy the requirement of submission of proof of worker s compensation
coverage.
Compliance with Law. In performing this contract, the TRS Administrator shall
comply with all applicable laws, rules and determinations of government agencies. Both parties
agree that this contract is governed by and construed in accordance with the laws of the state of
Idaho.
Tax ID. The TRS Administrator s tax identification number is 495-52-5776.
TRS CONTRACT
the remaining terms and provisions shall be construed and enforced as if the contract did not contain
the particular term or provision held to be invalid.
The parties by the signature below of their authorized representatives, hereby acknowledge3
that they have read this contract, understand it and agree to be bound by its terms and conditions.
DATED at Boise, Idaho, this
"""
day of March 2001.
IDAHO PUBLIC UTILITIES COMMISSION
B :
TRS ADMINISTRATOR
By:
Ai
ROBERT D. DUNBAR
Reviewed and Approved:
Ron Law: L..
David Hattaway:
vid/McontDunbar200 l.dh2
TRS CONTRACT