COURT ORDER ORDER NO: ------- ,,(' 11 (1)6 2 U' - /0County Investment Officer Level II Conference in Corpus Christi, Texas on June 14 -17,2010, the Texas County and District Retirement

,,(' 11 (1)6 ORDER NO: 2 U' --------DATE: January 11, 2011

STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER

/0 BE IT REMEMBERED at a regular meeting of Commissioners Court of Dallas County, Texas held on the

11th day of January ,2011 on motion

made by John Wiley Price, Commissioner of District No.3, and

seconded by Maurine Dickey, Commissioner of District No.1

was adopted:

, the following order

WHEREAS, Section 83,003" Texas Local Government Code, requires a county treasurer to successfully complete a continuing education course in the performance of the duties of county treasurer within one year after the date on which a person first takes office, After completion of the first year in office, a county treasurer must successfully complete in each 12-month period at least 20 classroom hours of instruction at an accredited public institution of higher education, and

WHEREAS, Dallas County Treasurer Joe Wells attended the Texas Association of Counties 2010 County Investment Officer Level II Conference in Corpus Christi, Texas on June 14 -17,2010, the Texas County and District Retirement System Perspectives Conference 2010 in Austin, Texas on July 22 - 23, 2010, and completed a total of 20 hours of required annual training in 2010, and

WHEREAS, the seminars satisfied all annual requirements for Joe Wells to complete training on the Public Funds Investment Act, pursuant to the requirements of HB 2459, 74th Texas Legislature.

IT IS THEREFORE ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners' Court that it does hereby file the attached Certificates awarded Dallas County Treasurer Joe Wells by the Office of Continuing Education of Texas A&M University and the V.G. Young Institute of County Government, as Certification of his compliance with Section 83.003., Texas Local Government Code, for the period, January 1, 2010 to January 1, 2011, and ith House Bill 2459, 74th Texas Legislature.

DONE IN OPEN COURT this 11 th , 2011.

RECOMMENDED FOR APPROVAL:

Joe s, County Treasurer

TEXAS ASSOCIATION OF COUNTIES COUNTY INVESTMENT OFFICER

CONTINUING EDUCATION TRANSCRIPT Reporting Period: 01/01/2010 - 12/31/2010

Honorable Joe Wells, cia Treasurer Dallas Countv

303 Records Building St Dallas, TX 75202-5716

10: Phone:

Fax: Certification Date:

216887 (214) 653-7321

10/6/2007

The Texas Association of Counties County Officer Program and its continuing education requisites exceed the investment training for local government education education mandates as outlined in Section 2256.008 of the Public Funds Investment Act, revision effective September 1, 1998.

Your annual fee for cia status has been paid.

You are enrolled in cia Level II Program - Years 2 - 4. The requirements for that program are 20 hours required, 10 outside hours allowed and max of 10 hours can be carried forward.

1/1/10 Excess hours carried from 2009

7/13/10 2010 County Investment Officer Level II Training

Total TAC Hours for year: 25.00

Grand Total Hours for year: 25.00

You have completed your program.

You have met your 2010 annual cia education requirement.

You may carry forward 5.00 hours to the next reporting period.

5.00

20.00

07/21/2010 If this report does not agree with your records, please call 1-800-456-5974.

2011 OG? ORDER NO.: _______ _

DATE: January 11, 2011

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

11

BE IT REMEMBERED, at a regular meeting of the Commissioners' Court of Dallas County, Texas, held

on January 11 ,2011, on motion made by Jolm Wiley Price, Comm. District 113

and seconded by Maurine Dick~~~Comm. District III , the following Order was adopted:

WHEREAS, Ida Preston Porier has filed suit against Dallas County, styled Ida Presion Porier vs. County a/Dallas el ai, in cause number cc-IO-03610-E; and

WHEREAS, in executive session on January 4, 2011, as pennitted by the Texas Government Code §551.071 (1 )(b), the Civil Division of the Criminal District Attorney's Office recommended the retention of Albert Rodriguez as an expert witness in Cause No. cc-IO-03610-E, at the rate of $200.00 per hour, and good cause appearing to the Court to approve said recommendation.

IT IS THEREFORE, ORDERED, ADJUDGED and DEC County Criminal District Attorney's Office is authorized to retain Alb rt odriguez as an expert witness at the rate of$200.00 per hour in Cause No. cc-lO-0361 O-E, Ida Presion Porier s. C unty of Dallas el al.

DONE IN OPEN COURT this the ~:;::::-'A f

Recommended for Approval:

L1:~;:Jrf::£1 'J 4 . ,.Got on Hike! .

/ .' / Gilief, Civil Division

[/Criminal District Attorney's Office

-I--\--j~:.::r:-=="-----., 2011.

Dr. Elba Garcia, Comm. Dis!. #'

068 ;2011 ORDER NO.: ________ _


STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

I f]/l V~

BE IT REMEMBERED, at a regular meeting of the Commissioners Court afDallas County, Texas, held on

Jarruary 11 , 2011, on motion made by John Wiley Price, Comm. District No.3, and

seconded by Maurine Dickey, Comm. District No.1

following Order was adopted:

, the

WHEREAS, a claim was presented by Hugo Banos against Dallas County in the amount of Two Thousand Twenty-Five and No/IOO Dollars ($2,025.00) for property damage as a result of an accident that occurred on or about September 23~ 2010 and said claim was discussed with the Commissioners Court in closed session on January 4,2011 as pennitted by Texas Government Code §551.07l(1 )(b); and

WHEREAS, the office involved in this claim is the Dallas County Constable Precinct #1; and

WHEREAS, this claim has been investigated by the Civil Division of the Criminal District Attorney's Office and Two Thonsand Twenty-Five and No/IOO Dollars ($2,025.00) for property damage was found to be a valid and reasonable amount.

WHEREAS, a release from all finther liability afthe County of Dallas concerning all existing and possible claims will be obtained

WHEREAS, that the action authorized by this order is consistent with and promotes Strategy 1.3 of Dallas County's Strategic Plan.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED, that Hugo Banos be paid Two Thousand Twenty-Five and No/IOO Dollars ($2,025.00) for property damage as full and final settlement by the County of Dallas, Texas, and that the County Treasurer is authorized to release said check to an employee of the Civil Division of the Dallas County Criminal District Attorney's Office.

DONE IN OPEN COURT this the 11th of ____ January __ ""-__ " 2011.

w s Jenkins, County Judge __ --.-~ ------ ~---__ '7'<:-

Mike Cantrell, Comm. Dist. #2

9'/'0 ikel // vCli~ie" Civil Division

£ jl) las County District Attorney's Office

COURT ORDER /3 2011 069 ORDER NO.: ___________ _

DATE: ____ J~amurry==~~1_1~,_2_0_1_1 ________ _

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

BE IT REMEMBERED, at a regular meeting of the Commissioners COUl1 of Dallas County, Texas, held on

Jamurry 11, , 2011, on motion made by Jolm Wiley Price, District No.3

and seconded Maurine Dickey, District No. 1 the

following Order was adopted:

WHEREAS, a claim was presented by David Muir and was discussed with the Conunissioners Court in closed session on January 4, 2011 as pemlitted by the Texas Govemment Code §SS 1.071(I)(b); and

WHEREAS, the Civil Division of the Crinlinal District Attorney's Office has recommended that the claim be denied and good cause appearing to the Court to deny said claim,

WHEREAS, the action authorized by Il,is Order is consistent with and promotes Strategy 1.3 of Dallas County's Strategic Plan.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the claim of David Muir against Dallas County is hereby denied.

DONE IN OPEN COURT this the _-===-

Mike Cantrell, Cornrn. Dis!. #2

Recommended for Approval:

. "'//1' /) ! bfUCLttt /-//

Gordonlfikel, Chief, Cit'il Iiivision Assista~lt District Attorney's Office

, , .... /

+-________ JC'-amurry--'-'~ ________ , 2011.

GUUKIUKIJt:K

ORDER NO. 2 0 11 0 7 0

if DATE: January 11, 20ll

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on

the __ 1-c1.;.;t.;.;h,--_ day of January , 2011 on motion made by Jdm Wiley Price, Dist. 3 and

seconded by M3ur:ire Dickey, Dist. 1 , the following Order was adopted:

WHEREAS, Commissioners Court was briefed about the Dallas County Behavioral Health Leadership Team (BHL T) on Tuesday, January 4,2011; and,

WHEREAS, the BHL T is comprised of key behavioral health stakeholders and organizations throughout the county, including the Dallas County Hospital District; and,

WHEREAS, the overall goal of the BHL T is to manage mental health resources in Dallas County more efficiently and develop recommendations that will lead to systemic changes within the overall system; and,

WHEREAS, the BHL T will also reach out to the other member counties in the NorthSTAR region to keep them informed of their development and any initiatives that could be implemented across the region, and,

WHEREAS, the BHL T has developed the attached Charter that states the purpose of, guiding principals for and deliverables expected from the BHL T; and,

WHEREAS, Ron Stretcher, Dallas County's criminal justice director has worked closely in the establishment of the BHL T and has been asked to co-chair the group along with Josh Floren, vice-president of medicine services for the Dallas County Hospital District.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby approve the establishment of the Dallas County Behavioral Health Leadership Team and its attached Charter, and also appoints Ron Stretcher as i ppointee to the BHL T,

llth daYOf_ta_n_u_a_ry~ __ ~

'77~~~~-~-- ~M~ik~e~C~a-n~tr-e~II-----

Commissioner Distri t #2

~7d-,_ Dr, Elba Garcia Commissioner District #4

lt~~~~~~~~~~~~ Recommended by: ~ . Darryl dministrator

Dallas County Behavioral Health Leadership Team Charter

Purpose of Behavioral Health Leadership Team (BHLT) The Dallas County Behavioral Health Leadership Team (BHL T) is empowered by the Dallas County Commissioners Court and Parkland's Board of Managers specifically to function as a single point of accountability, planning, oversight, and funding coordination for all Dallas County behavioral health services and funding streams. Behavioral health, for purposes of this document and the sphere of responsibility of the BHL T, is defined as mental health and chemical dependency.

The goal of the BHL T is to permit Dallas County to: • leverage all of its resources (both NorthSTAR - which is less than 60% of the

total - and non NorthSTAR county resources) more effectively; • provide more empowered and coordinated representation and oversight into the

functioning of the NorthSTAR system itself; and, • create a single point of accountability and interface for Dallas County behavioral

health services with the Commissioners Court, the Dallas County Hospital District (Parkland), the North Texas Behavioral Health Authority (NTBHA), and other stakeholder groups including, but not limited to: the Criminal Justice AdviSOry Board (CJAB), the Metro Dallas Homeless Alliance (MDHA), other County Departments, state agencies (DSHS, HHSC, TDCJ), the local legislative delegation, foundations, and consumer and family advocates;

• begin the process of forming a true authority for all Dallas County behavioral health services that ensures local control of the funding for and delivery of services, and

• ensure that Dallas County is a partner with other counties in developing a strong regional behavioral health care system.

Historical Framework for the BHL T Funding for behavioral health care in Dallas County is highly fragmented. NorthSTAR, which provides 50 to 60% of public behavioral health care, is essentially uncoordinated with other funding streams (Non-waiver Medicaid, Medicare, CHIP, Veteran's Administration, juvenile justice funding, community corrections and child welfare.)

The NorthSTAR system is unique in that funding for persons with no insurance coverage is capped, yet the expectation of service access and service provision is unlimited.

While NorthSTAR has been effective in improving the effiCiency of service delivery, there must be an increased emphasis on the differential needs of consumers at various points within the system. For example, pregnant women with substance abuse treatment needs and criminal justice system involvement will need a more intense level of service than other consumers. Similarly, persons entering permanent supportive housing and returning to the community after incarceration requires additional support.

The NorthSTAR system has been using essentially the same performance measures for the past ten years. These measures have not proven effective in determining how the system is meeting the needs of its consumers. Additionally, reviewing performance of the behavioral health system in Dallas County must include data from all service delivery systems.

1

The impoverished populations in Dallas County are growing more rapidly than the population as a whole. This has contributed to a significant increase in persons eligible for and accessing NorthSTAR services. The proportion of NorthSTAR members served in acute settings has grown by 9.4% from December 2009 through May 2010. The increase has been particularly driven by persons not currently in care.

Significant numbers of persons receive their public behavioral health services in the Dallas County jail (28.2% of adults) or through the Dallas County Juvenile Department (40% of youth). The rate of growth in the number of persons in jail waiting for behavioral health services has grown four times more than the regular jail population. Similarly, the community corrections system is experiencing increasing difficulty in providing access to treatment through its service array in a timely manner.

Dallas County's juvenile justice system is largely dependent upon county funding. Reductions in county funding have resulted in larger proportional cuts in service funding for juveniles than the overall behavioral health system.

Important steps forward have been taken for persons who are homeless, but significant work remains to be done.

System redesign efforts must take into account the known and yet-to-be known changes related to health care reform and mental health parity. For example, health care reform is expected to require improved coordination of primary health care and behavioral health care.

There is much strength within the Dallas County behavioral health system. These strengths must be the starting point for creating a single point of accountability and interface for Dallas County behavioral health services

Guiding Principals of the BHL T • The BHL T supports the vision of the Dallas County Commissioners Court and

Parkland Board of Managers to develop a system of behavioral health care for Dallas County consistent with the following principals:

o An organized authority leads all behavioral health services, regardless of funding source

o Service effectiveness, not only access, is contractually mandated and incentivized for all providers

o Behavioral and physical health care are integrated o Data is shared among all providers in a manner that improves service

effectiveness o A single portal provides access to all crisis services o The special needs of mentally ill offenders are met o Adequate resources are allocated to housing o Chemical dependency services demonstrably reduce criminal justice

system involvement and substance use o Children's services are family-centered and systems-oriented

• The BHL T will review the TriWestiZia Partners assessment of behavioral health delivery in Dallas County and use it as a "road map" for developing action plans.

2

• The BHL T will be a locus for quality improvement in behavioral health services in Dallas County. The BHL T will work with the clinical operations teams and other stakeholders to identify performance indicators that are connected to the stories and experiences of Dallas County residents who are struggling to make progress toward recovery, and be able to track how well the system is doing in reducing crisis, improving welcoming, integration, and continuity, using its resources effectively, and working in partnership to make change.

• The BHL T will be a locus for coordination of advocacy and program development for the county. This includes legislative advocacy, identifying major grant opportunities (e.g. application for a children's system of care grant), and so on.

• The BHL T will ensure that Dallas County is an active partner with other counties in developing a strong regional behavioral healthcare system.

Deliverables from the BHL T • The BHL T will meet no less than monthly, on a regular schedule, beginning in

September 2010. All meetings will be open to the public, and posted according to open meetings requirements as required by law. Formal minutes of each meeting will be distributed to participants and to the Dallas Commissioners Court and Parkland Board of Managers. The BHL T will provide status reports, as well as copies of plans and recommendations, to the Commissioners Court and to Parkland as they are developed.

• The BHL T must be formally representative of stakeholders in the Dallas County system with designated members representing various constituencies. By December 31, 2010, the BHL T will submit to the Commissioners and Parkland the recommended representation plan and membership list for 2011. Membership and representation may be adjusted from time to time as needs change, through a membership process that will be provided for in the approved by-laws.

• The BHL T shall be responsible for creating bylaws and identifying designated leadership that will be accountable for leading the meetings, ensuring that the group is productive and task focused, and for being the point of communication between the BHL T and Commissioners Court, Parkland, and other stakeholders. The leadership structure must ensure a balance between promoting broad stakeholder participation and the ability to make decisions without undue influences from any particular interests. The specific leadership structure and its identified members will be determined by the BHL T no later than December 31, 2010. Ron Stretcher and Josh Floren will serve as interim co-chairs until that time.

• The BHL T will be responsible for identifying subgroups, working committees, and other mechanisms for getting its work done. Initially, the BHL T will be responsible for creating a formal working connection with the following groups: an Adult Clinical Operations Team, a Child/Family Clinical Operations Team, the MetroDallas Homeless Alliance, the Physician Leadership Group and the Mental Health Steering Committee for Criminal Justice. In addition, the BHL Twill designate formal subgroups for working on the county treatment system for

3

substance use disorders, addressing issues related to cultural and linguistic minorities, evaluating the impact of Health Care Reform on the Dallas County system, and other groups as determined to be needed for short term projects or ongoing work. The BHL T will report on the formation of these relationships and workgroups by January 31, 2011.

• By January 31, 2011, the BHL T will develop a formal process to ensure communication and coordination with other counties in the North Texas area. This process will be communicated to the Dallas County Commissioners Court along with recommendations for the Court to facilitate a partnership with other counties to develop a strong regional behavioral healthcare system.

• By March 31, 2011, the BHL T will identify performance indicators and improvement targets for the behavioral health system that help the system to improve, and report those indicators and targets to the Commissioners.

• As part of its May 2011 report, the BHL T will indicate major areas of advocacy and fund raising that will be undertaken during 2011.

• The BHL T will be responsible for working in partnership to coordinate behavioral health resources for Dallas County residents. By May, 2011, the BHL Twill produce - in partnership with other funding sources - a brief 2-3 page report summarizing all sources of funding for behavioral health services for Dallas County, and the types of services provided. A similar report will be produced annually.

• The BHL T will provide written input to the Commissioners and Parkland Hospital on recommended changes to the contracts among NTBHA, DSHS and the managed care organization (MCO) that will promote increased local control of behavioral health funding, improved performance monitoring, improved outcomes for consumers and increased access to services for priority populations including: homeless persons, persons in the criminal/juvenile justice system, and persons discharged from higher levels of care, including the state hospitals.

• The BHL T will recommend to the Dallas County Commissioners Court and Parkland the structure of a formal behavioral health authority for Dallas County. It is expected that the behavioral health authority will grow from the BHL T and may include revisions to the BHL T governance structure. This recommendation will be presented by December 31, 2011.

4

')', it ORDER NO: "'" ¥J ~ _l

DATE:January 11, 2011

STATE OF TEXAS

COUNTY OF DALLAS

(- I'"H j If! COURT ORDER

5 BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the

____________ 1_1_t_h ______________ dayof ________ J_an __ u_a~ry~ ______________________ ,2011,on

a motion made by Jolm Wiley Price, Connnissioner of District No, 3 , and seconded by

_Ma __ ur_l_·n_e __ D_i_c_ke.:.;y,-,,=--C...:.o_= __ · s_s_i...:.o_n_er __ o_f __ D_i_s_tr_l_· c_t __ N...:.o_, ...:.1=--______ , the following Court Order was adopted:

WHEREAS, Commissioners Court was briefed on January 11,2011 concerning a change in ownership of leased property used as a juvenile probation office; and

WHEREAS, Dallas County entered into a five year lease agreement through Court Order 96-1664, dated September 3, 1996 with Monterrey-Westmoreland, LLC for 3,590 square feet of office space at 7220 Westmoreland Road, Dallas, Texas, for the period October 25, 1996 through October 24, 2001; and

WHEREAS, this original lease was amended through Court Order 2001-1569, dated August 21,2001, to extend the agreement through September 30,2006 and amended a second time through Court order 2006-1712, dated September 26,2006, to extend the lease through September 30,2011 and recognized the owner as 7220 Westmoreland, LTD as successor in interest to Monterrey-Westmoreland, LLC; and

WHEREAS, Dallas County has been notified of a change in ownership and management by receiving a copy of the Substitute Trustee's Deed and Bill of Sale; and

WHEREAS, Dallas County has been notified that all lease payments are to be made to 7220-7222 Westmoreland Rd., LLC and sentlo Robert Lynn Management Company, 4851 LBJ Freeway, Suite 1000, Dallas, Texas 75244

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby recognize DAWN-BC, LLC as the owner of the property leased by Dallas County for use as a juvenile probation office with the property being managed by Robert Lynn Management Company, 4851 LBJ Freeway, Suite 1000, Dallas, Texas 75244 d all future lease payments payable to 722 222 S. Westmoreland Rd., LLC.

____ l...:.l::...t:.:.h=-,-__ day of -------'\:..:==""-----"7"7---/ 01 .

~ .

Mau ·~~istrict #f!'f; Mike Cantrell, District #2

.' Yj // // .. //~ /:/

~~:;;;v'/' U/;l/1' /~f7--{~~.'" j

John Wiley Price, . trict #3 Dr. Elba Garcia, District #4 I !

Recommended b~ ~1f ) Shannon S. BDwn, Assistant Administrator

.-22-20~O FR[ 03::0 PM ReBERT ~YNN co. ? O?,,03

HAl Robert Lynn tel 214 256 nOD lax214 256 710' 'w'.'>IW rooort1yr,n com

October 22, 2010

Contract Services

Regina Hillman

Re. Dallas Juvenile Department

7220 S. Westmoreland Rd., Suite 22S Dallas, TX 7523"1

Dear Regina,

.:i8:5', lB.J ::·~W'3Y &"'.E ',:)00 Dal:,as TX ?S2~..:.

Robert Lynn Management Company has taken over the management of the

above mentioned property. No further payments should go to the former

owners. The above property has been foreclosed and the entity for payment has

changed. Please change your records to reflect the follOWing.

1 All rent payments should be made payable to 7220-7122 S. Westmoreland

Rd., LLC 2. The new tax id is 27-3733020

, All payments should be mailed to 48')1 LBJI-reeway,Suite 1000, Dallas, TX

75244

If you have any further questions please do not heSitate to call. We would

appreeialP a cali to confirm that accounting has made the changes.

Sincerely,

Daniel Segreto

Property Manager

214-256-7176 ok 214-566-9052 cell [email protected]

When recorded return to:

Nicholas M. Pyka, Esq. Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas. Texas 75270·2199

20100025651i ,/ T~ DEED liB

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOU: .. OWlNG INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAl., PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOcrAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

STATE OF TEXAS

COUNTY OF DALLAS

SUBSTITUTE TRUSTEE'S DEED AND BILl, OF SALE

§ § §

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, 7220 WESTMORELAND, LTD., a Texas limited partnership ("Borrower"), executed that certain Deed ofTrus!, Assignment of Rents and Security Agreement (the "Security Instrument"), dated December 5, 2001, recorded in Volume 2001236, Page 3717, Real Property Records, Dallas County, Texas (the "Records"), to WILLIAM D. CLEVELAND, Trustee (the "Original Trustee") fur the benefit of SKYMAR CAPITAL CORPORATION, a Delaware corporation ("Original Lender"), the predecessor-in,.interest by one or more assignments to DA WN-BV, LLC, a Delaware limited liability company ("Lender''), covering certain real property and improvements on the land ("Land") located in Dallas County, Texas, more particularly described in Exhiizit A attached hereto and incorporated herein by reference (together with all personal property collateral described in the Security lostrument, the "Property") to secure that certain Promissory Note ("Note") dated of even date with the Security lostrument in the stated principal amomrt of $1,912,500.00 (the Note, together with all other indebtedness, liabilities, and obligations described in the Note, Security lostrument lIIld all other documents evidencing, securing, governing or otherwise pertaining to the loan evidenced by the Note hereinafter referred to as the "Indebtedness"); and

WHEREAS, Original Lender assigned the Note, the Security Instrument and all other documents evidencing, securing, governing or otherwise pertaining to the loan evidenced by fue Note to LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TIm REGISTERED HOLDERS OF GREENWICH CAPITAL COMMERCIAL FUNDING CORP., COMMERCIAL MORTGAGE TRUST 2002-Cl, COMMERCIAL MORTGAGE PASS· THROUGH CERTIFICATES, SERIES 2002-Cl ("Lender #2") pursuant to that certain Assignment of Deed of Trust, Assignment of Rents and Security Agreement, dated December 30,2002, recorded January 12,2010, as Document No. 201000008061, in the Records; and

SUBSTITUfE TRUSTEE'S DEED AND BILL OF SALE - Page 1 5584933v.1 45469113

"WHEREAS, Lender #2 assigned the Note, the Security Ins1rument and all other documents evidencing, securing, governing or otherwise pertaining to the loan evidenced by the Note to OCCFC 2002-Cl WESTMORELAND OFFICE, LLC, a Texas limited liability company ("Lender #3"), pursuant to that certain Assignment of Deed of Trust, Assignment of Rents and Security Agreement and Other Loan Documents recorded as Document No. 201000021457 in the Records; and

WHEREAS, Lender #3 assigned the Note, the Security Ins1rument and all other documents evidencing, securing, governing or otherwise pertaioing to the loan evidenced by the Note to GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation ("Lender #4"), pursuant to, inter alia, that certain Assignment of Security Ins1rument recorded as Document No. 201000188268 in the Records; and

WHEREAS, Lender #4 assigned the Note, the Security Ins1rument and all other documents evidencing, securing, governing or otherwise pertaining to the loan evidenced by the Note to Lender, pursuant to, inter alia, that certain Assignment of Security Ins1rument, recorded on or prior to the date hereof in the Records; and

WHEREAS, pUrsuant to and in ru:oordance with the terms and conditions of the Security Instrument, Lender has appointed NICHOLAS M. PYKA, an individual with an address of 5400 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270-2199, COURTNEY DAVIS BRISTOW, an individual with an address of 5400 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270-2199, and CAROL RENNESUND, an individual with an address of 5400 Renaissance Tower, 1201 Elm Street, Dalla~, Texas 75270-2199; each of whom may act alone or together (each a "Substitute Trustee") to succeed to all of the rights, titles, powers, and estates granted and delegated in the Security Instrument to the Origiual Trustee and any previously appointed substitute trustee; and

WHEREAS, default has occurred in the payment and performance of the Note and the principal indebtedness evidenced by the Note has been properly accelerate~ and such indebtedness is now due and payable but has not been paid; and

WHEREAS, Lender, being the owner and bolder of the Note, has requested and instructed the Substitote Trustees to enforce the terms and conditions of the Security Instrument by advertising and selling the Property pursuant to and in accordance with the terms and conditions of the Security Instrument; and

"WHEREAS, pursuant to and in accordance with the terms and conditions of the Security Instrument, a Substitute Trustee sold the Property for cash at public auction at the area designsted for such sales between the hours of 10:00 a.m. and 4:00 p.l11. on Tuesday, October 5, 2010, after having duly given notice of the earliest time, place and terms of such sale, by posting written notice (the "Notice") at the Dallas County courthouse door or other location as specified by applicable law, enactment or declaration, serving written notice on each debtor obligated to pay the indebtedness evideneed by the Note according 10 the records of Lender, and by filing notice in the office of the County Clerk of Dallas County, Texas, for a period of at least 21 consecutive calendar days prior to October 5, 2010, all in accordance with the terms and conditions ofthe Security Instrument and in compliance with the laws of the State of Texas; and

SUBSTITUTE TRUSTEE'S DEED A,ND BILL OF SALE ... Page 2

WHEREAS, at a public sale which commenced not earlier than the time specified in the Notice and not later than three hours after that time, the Substitute Trustee struck off the Property to DA WN-BV, LLC, a Delaware limited liability company ("Purchaser"). Purchaser being the highest cash bidder and otherwise in accordance with the requirements of the Security Instrument for the Property;

NOW, THEREFORE, by virtue of the power granted pW'suant to the terms and conditions of the Security lnstrument, and for and in consideration ofthe payment of the sum bid by the Purchaser, the receipt, adequacy and sufficiency of which are hereby acknowledged, the undersigned Substitute Trustee, in accordance with the provisions of the Security lnstrument and applicable law, has GRANTED. SOLD, BARGAINED, TRANSFERRED, ASSIGNED, and CONVEYED, and by thesepr~~t~ does hereby GRANT, SELL, BARGAIN, TRANSFER, ASSIGN, and CONVEY, unto Purchaser the Property;

TO HAVE AND TO HOLD the Property, together with, all and singular, the benefits, rights, privileges, easements, tenements, hereditaments, and appurtenances thereto in anywise belonging or appertaining to Purchaser and PW'chaser's heirs, personal representatives, successors and assigns forever, and, for and on behalf of Borrower, and Borrower's heirs, personal representatives, successors, and assigns, Substitote Trustee does hereby bind Borrower, and Borrower's heirs, personal representatives, successors, and assigns, to WARRANT and FOREVER DEFEND, all and singular, the title to the Property (insofar as is authorized by the Security Iostrument) unto Purchaser and Purchaser's heirs, personal representatives, successors and assigns, against the claims of all persons whomsoever claiming, or to claim, the same, or any part thereof; SUBJECT, HOWEVER, to all liens, exceptions to title, easements, restricti.oos and encumbrances affecting any of the Property or title thereto which are equal or prior to the liens and security interests created by the Security lnstrument.

NEITHER THE SUBSTITUTE TRUSTEE, INDIVIDUALLY, NOR LENDER, AS THE OWNER AND HOLDER OF THE NOTE AND THE SECURITY INSTRUMENT, HAVE MADE, AND DO NOT HEREBY MAKE, ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, TITLE, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE PERSONAL PROPERTY OR ANY COMPONENT THEREOF IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF PURCHASER, OR ANY OTHER REPRESENTATION, W ARRAN1Y, OR COVENANT OF ANY KIND AND CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO.

The address of Purchaser is as follows:

DA WN-BV, LLC cia Bayview Asset Management LLC 4425 Ponce de Leon, 5th Floor Cora! Gables, Florida 33J46

EXECUTED as of October 5, 2010.

SUBSTITUTE TRUSTEE'S DEED AND BILL OF SALE ~ Page 3

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

Name:

This instrument was ACKNOWLEDGED before me on CX:tober 5, 2010, by NICHOLAS M. PYKA, in the capacity therein stated.

[S EALl

My CommisSion Expires: Notary Public in and for the State of Texas

' .. , i'> " ... ~.

SUBSTITUTE TRUSTEE'S DEED AND BILL OF SALE - Signa'''''' Page

Bl!1Jllt: .. 2.JG08 acre tract of land .i"""t .. d in ell<! s~ !~ ;tlItmsy, NI~ NO. 125. CiJ:y of pallas,Dallas C<)\1;'Ito/, "r0l<&. o.nd ,heiDg ..11 ,Of J.<>t 128, Slack A{G911 of el1e l'Ie.tlllOreland Square Addition, a.n aMiti.II tQ th& City of 114U ... lilallas tounty. Teltu ""cording' to tho plat t:herlcf =eeordeCl in VQl\iM 13204. p"!!,, 5574', If"" lIEcords, Dall .. d County., t<!l<aa (M.II.n.C.'!'.1 and MillS! "",:$ po.rt.J.cululy de.cllih.4 ... fQlloWll'

l!lls:t:ll!l1:llG at an 'X" = in conc"a1:~ fC1m\lfar oe>mer in tll<! cclLth .... eerly "tgll!: >Qf-""3' U .... 0: W ... t"",,,.l,<md Roa.d fa 100 foot ll.O,.W.:), _aiel pclint lI<IillSi the ""rtll l'o.m!!" ,of sait! Lot 12l! &nli al." beiag the >IeSI: co:mer of ..ot Illl.. Bleck AI un of. the SpUt 2a.il Addition. ~ a~tion to the City ot Dallas. ~~ in volume 'B030,P~ 16Gl, M.R.D.C.T.;

'IHENCE South 62 dAlg-rees 44 minuee" 59 llOQOa.d8 llase, .. ~ the c_ 1;:"'" of ,!.a~ llB o.nd !.at U.k, .. \!ist;>nee ot, 2'53.16 hee co 1m "ll:". l'Ut in ..,,,,,e:rel:a fQl1lld, fOll ""''''''''' a.M: beillg the northa ... c ~ of .aid. !.at 1ll! and. ella $Q\Itbea..e = of .aid l.ol:; 1.2l\. II.l:Id beiag in a llOU-ba.ngent eurve to the ldt h.o.vill6l " cantnl angle af ~Q t!egJ:eeo U minut: .. ~ 11 seconds, a raiUus of 29&.00 feel: and a chord of o01,ll:b 01 desre ... 26 lI!;inu!:'e. 04 secontia East. .. 4l.st."""o oe 101.02 feet,

TlIl!II'c:e 'OILtlleute"l:r.' aloll6l th.o. oa.,!.d """"It. u. arc 4l.~I;'~ of 107.611 feet. to an 'X' CU~, in """",>:see fOlLnt! for eo""",,, o.nd beill!l ~he eM of 8&;01 1:!\lrV$;

'l'!Il'J.J'CE South 12 dlegre .. ~ 31 m,wtio$ 57 81RlCMS East, • #lit ... "" of 120. Sl h, .. t: to a Jlp .K. 1/ M.~l. fo'lJJlJ! fO.!/:' ccu::1Gr;

'IHENCE S"lLtl1 H cItIgl::eea l.l lI1i.tmuc 22 .... OOnd. ~e.t. II di •• """" of 40 .S:! .f~el: eo a 1/2 inch iran r.cd fO\Lllt! fer ca:rn&r;

TlllNC! South 77 cleg>:ee. 4. lllinut ... n ~ lIest:, .. dj,a~ ...... o~ 96.19 faet to a. 1/:1. inch ixon xod found far ec~1

nmNCII Nor<;h &3 t\eg>:&eo aa m.i,.,ntes as .. ..-.:end. West, a lIi.t&nta or ",.44 feet ,to • 1/2 inch 1""" rad ~auncI fo" ccrrw.'1 .

nlENCli: lifcirtl>. S::I i!eg:r .. "s 5l,11il1l!~ .. ~ 21 aoe<md$ Weot, " dheance of %09.11 f,,~t eQ .. "P ,E. " nail fOlLnt! fe>:, c,,~ in the ...... t:haue."ll' "ight-of-wO¥ 1i"", of .aid lI ... t"",r",lani1 l!.oad ;md hei!:;! t\W \leGe cc= of ."j,d I.o1! la I

nmNc:E North a1 ~ ..... 0 mi=!ls 00 ",1;<1,," lla.t, aloag th.o. 8Cutheas'e$%ly. =;'9'11:-01:-" .. 1" .l,iM ot .. &idl1d'C8Crfllo.nd Iioad. a cdl.,.tWI of •• 3.59 fHe 1:0 OM ponn 01" UGImlING .. ad em.t:ai1l.iag M2, el4 .,q, ft. or ~.36.e aCl;u of LM4.

EXHIBIT A, Land-Page 1

WEMElil'r E57AT!! eroaeo<l in ~ei .. L lIa"""""y D ... d., ""t"l1tec!. by Tod.ented nepart.ment score.s. Inc-.. il\ Dela.W'U$ eorpo.:t:a.:.i.OD.! Henry S. Miller Ccmpany, a 'tens CGrpor-.r:iot1. a.nd Jevente1C Ca:rp:o!:'a.tiO:l1( a Texas corpQraticm. to J -'Sen 'DevelQpment Corp" a Texas corp"" .. ti.". Mt,oI lIOVl!"o1liler 15. U'r'I. fibd frn reCord Oft .Deeeml:>a;rl, un ;uul, .ac:;o;rded in volUlU! 17234. poq .. n". Dnd. aeecrdB, Dallu c:.OU11ty, T."" •• and atf""i: ... by Cornation IIllIi betfie""i.'" of 0",,11 ~& in vol= 'Bal!. Paqe 12~~. n .... d l\eeorcio, Call .... C=ty. ~""". ud bei"!! """'. pli:tl.c:w.arly do.crib.a ao follows I

SIIDiG & ~ .2K5 "eN e.;ct of lall<! &1" .... ".<1 J.n t:h<\ WIt!!:r. ~Eru:!~. AlIS~llAC~ ItO. 115. City· "f Dallas. calla. O>Ili!.i:y. 1:'_ iI.I:Id. lo4i"!l part .f x,Q.t la, 'lock "'16~1 of ~ SpUt aail /lddit,£.... .n ~~ticm to t~ City of Dalla.. Oall,.. CQ\I%1t!{, 1:""",. according "0 tl>e plat: tluon<>f """.,,4011 in Volume 18.030, Page U~l. Mq). beard •• Call...., CCWl1:Y. 1:'"""", (M.Il.D.C.T.) am! hilli.Jo.il "">:e );Iart:i.eularly d.e&c::iiled "" follo'""

a1!CIl!IlIING &t .. point for cattle. in die .""th"".t U"" of .. :Lei L<lt: !.2A .."eI bc:lll9' ill the nor'theast 1""" at L<lt us ot Block AlUll. of ¢o w.aemorel.",6 fiqUa".. iI<l4iti"". • .. id.d:Lt.l.<n> to th4 e.i:y of Dallu ... ::t.ca:'<IIIo!. 111 V<illlllU> 63204, Pili!" 5514. M.I\.D.C.:f" wei po!,,,t be.arlll9' ScU.th ~ deSX'H. H ,,!.nllt ... S~ ... "atIds Ea.t. " di&l:Ilt1C8 of2l.C1l feet frolll tll£ weo" oc= of oait!. r..ct:. lV-I

TlIEl1C:E Nor'th ~7 degr .... 1Q lIlin!1l;e. 00 s.......ta Eue. a diot=a.of 121.04 e .... t to • pOlot fo;- ."""""" &Del 1:>e.i."!I th4 I:I6\g"1Ill'>i"!1 of .. C\il:V1! 'co the risb,t M,vJ.ng • c""tr0.1 anglo. of to dagnes 00 llIinueu 00 •• coec!. .... radj,ua of .20.00 eilet am! .. chOl:d. Whi<:h lo4ars North '2 ~ ...... 0 ·1Ili:illteo 00 ~.c.r.48 East. a &ise_ of 2&.26 £ ... t;

~ llOr-..h&:o..terly alDD!! the iI.lL1c1. ="'I. an .... c &ist..,.,. at 3lAl feet to .. point for <1'0"""'" ami beille' the ecd of .rid cw:ve, .

TllllllCE SOUth 6. ~ ..... SO mJ.nllt •• 00 .acoMs s .. ee. a distance of U5.29 feet to , po:in: fcrr comer ud be1o,g the begilllling of a "'!<Y"te the right ha1l:ing .. e.ncr4l1 angl" of PO ';.;p:, •• Gi ~~""2S 8.<=><I.i. a %2!&iUl of 2.Q.00 t .... " IIljii .. chord wbi<:h oe"". SOllth 17 do_a " .u",.utlU4B .~ S""t ... cl.l.._. at af.U feat,

1'!!I!NCE • .,;.clU> .... te~l.:Y. al<:mq ~he .... d c~', an u:c &iota"". of n.n feet to .. point for eQrne" ud be'''lJ <:he eJ:!<I of ;,tid """"""

~ Sauth:i1 do;p: .... l~ 1IIj,""tAll 25 •• dooll& w.se •• <IJ. ........ Qf 21.!i2 f ... t to • paine f.r """"...,.am! b0inS tIUo ~.9ill:Oina a! " """"'" to the left M;vill9' .. 0"",,,,, .. 1 lIl9'la of 18 a d.SX'.... OQ 1II111110e" DQ __ wl... a n<IJ..,.. .of 2.S feet .".1 " oho~d ¥hi.h beau. Scn.u:h 62 dupee-a 4'3 ~C;'$ 35 sec:'Q'Ada ... stt .. distllint:: .• of S.(fO feet:

1'!!I!NCE ."""heut.."ll'. along o:ha add c:urv •• an .::0 &i_tm.", of 7.85 feee to .. point f." ~"'''''." in. tM «""~t..rlll liM of .. idiot 111\. a!ld ~ .. """ <1:1.0 eM of oatd """"'.,

TUNCli South 27 ~ .. "" t6 m.iJlut •• 25 ,,"c"";" 11 •• 10. alOlll.l o:ha .000th ...... ewly U .... ~ stid Lot la ... &istance of 5.61 feee to " point fal:. e.o= ud cd"!!. tll,to. ~~gic.!l.ing "f • =ve tC! the left haviJo.g " """'t"al. qle of os dsS~"'" OJ 1II1",.t .. C? •• c:<mds, •

EXHIBIT A. Land - Page 2

·a.dilJ.lI ell 2,98. 01:1 ~"t il%ld. -6, e:'I:1o::4 wt11ch ~J:'s Scru.. 24' 4e!i¢eee 1S 1'I'Iin"ut.U l~ .I!e~ Nesc, ~ d..iscanc.e Of ll. ~a· 'fil:etr

'Iif!Ncs ,&outh,"st:~=lYl along the- lIoutn.e.asee'l."ly line 9£ sa.:.d tot lo2A and. along tne said . curve, am.a.:re tiilitanee o'f. 31. .3$ f.-fit to a paint fo:,' corner a.1\d Q,e::ing ths belsriQ.nin9 of

a. non.-ea.:J.9'el1t c;ut''V'1S to tbe left, havi~ .. cemt:z:a.l ang1.& 'ot! 84 c!esr.eee,l '0'4. )ninu:t:;u l7 ' seoond .. , a r&4iua of 5.CO .f .... t .LQd ,. el:!ord. wlrl.th bears NorCll lQ <!.gree. 4.1 minutes 51 ... cOtlds Weal:, .. d.in.".." of 6 .1a ~;

'llI!)lCE nQ:t"thwe$cerlYi along the n;j.(I c:11%Ve2 an ~ 4i.~1IJ1(j:.a of' 1.34, f •• t:. to, a po.f,.nt:, for CO"","" :m,d. 1:>a1:>l; l:l:>e enol Qf ....:tii """""I 'I'REI'Cll lIarch '2 degaes sa >l\ilNtes 00 ••• om. West, .& <I:1fit..nce of .9.99 feot co • ~oi""t for ""n>e"and bt.1:>I; tho beginr.:i."II of .. OUl:'<1e c,. 1:;he left haviQg " ¢""tral """'ill. of' $9 degr.e. 1:<1. minn"". 01 •• col1de, .. "~",,, of 5.00 tMt and a ~l:!o.u which bear. Sout;;b. a 7 deg%ees l'J min:u.t:f!1 -«l seccm41 West" a d1at~a ,of .... 9' ,li -.t;

, 'nmNC! $outhwe"'tex:ly, aloug the suel~, at!:"C ¢ist:a.ruce: of S .17 !eat. to a point for COlmer .",l. .b .. inli " point of ~_ ", .. :..... h .. rlDg a (o.l'Ieral ""!11e of JI ~ee. 11 ml.nuees 37 ... Q.ond.IO. .. nd:iWl of 20. 00 "feet and « cheri. "b;.ch bear. $cuth 38 desr"". u mi~ees 31 seconds Neat, a O1lt~~c of ~$.as '!.8~;

.l'I!Ell'Cl!! soutllw •• tro:z:ly. alotlg l:l:>e said ¢UlmI, ... arc: ell"""" .. of .• 3.JJ f ..... to a point for corner anr! bUI"l¥ " J'o1ne of cOII\!)_·!""""" having • <' .... "aJ. al;I9l., of 09 dog1'es, 4J mi""tes O •• ""onde, .. "o.;;I:ius of 3U.OO rHt and .. ~ which ''''''''''. SdUth 14 0..1i""'" 52 minutes 40 seocnds West. a. 4iat&dC& of 5'.25 f~~f

'J:UENCE sau.thweBce:rly, -.long 'tb-e: .sa:id c::.uJ:Va, an arc d:i.atiilnCe ¢f ~4 .35 :eae.-e 1;:0 II. point fQ .. e"""",,, in the &outl:>.w!>.st 1 ...... of " .. id t.ot 12A and l:l:>e ""rt,hease liru!! of .aid t.oe lolli, aru! bei"ll the and of ... ~d curvet

~ce: N'Qrt:h 6'2. degreeQ 44 m1=ue., SS aeconds, WeiScl a.l~ th' eammon lihe elf Lot: l.2A iUlJi Lot: 1.:35. • .a distance of 2G\.OS fel5t to iil point for (lo::»er and .being t.he b'l1Jgi:;ming .of " non-tang"". """"" eo t.M i:ig2:l.t having" """tnl U>gle <>!! 08 deg're>a. 25 m:i.""~ •• 20 seconds, " .... dius ot 346 •• 0 f ..... and ,. ch!:mi· .. h1ch ~ North 15 <!eg>:ee. llmi.l>\I.t .... 02 s=cmds E .... ;, a.. cl:tn<l. ell.,,: ...... of 50.Sl. fee'" .

1l!El>IC!'l ""r...he .. sterlll', ,alo"" the said c:u=ve, ll\!I """ 4bte.nce c! so.u e ..... to & "oin. for """""" and ba1»g .. poinl: of __ cw:ve ha .... ng .. central ""!Ila ot .7 ~ •• ~ .u..o..ite~ .02 e<lCQ""., .. "'''''.l.uB ,,~ 6S. ~a !ee~ aM a chllrd. which l:!sar. 'IIorth 43 dog""",. 31 minutes 43 secood. 2as~, a di.taace of 3'.4& f •• t,

~ lOOrtl>""st..rly, al<mg tbe saia ",,.,,..,., "" arc db"""" .. <>f37 .s~ feet ." .. 1"'''''; far c:c~: ..M M.ins a ,.id.l'.t. of :r:ave::ae C\.U:'VG: haviDS' a cmtt:z;oal a~fI ~f 40 degrees;: 15 mi."""". :lQ ucondo ... ~;."" Qf 20 fast and .. _ri. wI>i<!l!. haum North 4"1 degroes 34 minut.e" ~4 $"coJ1d¢ llaet, .. distance of tl. ~G !oo<Itl

~ ncrthao.ter1y. alon! the .~ ou:v .. , ~ arc di.e~. of .§.CS feet a. a point tor """""" ....ct bel.,,!! tho> enQ lOt u~'" "U:Ve,

TlIllNCE Iforth 27 <ieg%e,," 11> minut ... 25 .""""to llaJJ~, • 4l..t:ane" of 2Q .64 t ..... to 4

EXHIBIT A, Land - Page 3

poitl" for ea::ner m<I baing <M ~~ of a eurve '0 <M lef::: baving e t:ent.ral angle of 50 degr'elI OS m1l'lUtes U .,"'_, a r.d!. .... of 5 ,OQ f ... ~ aM a chc,,~ WI'li<:l1 loUt. 'North 17 ~.g~ .... 46 .minut •• U sef~ II ... ", • ~.e=" of 1. oe feetl

'll!ENt;E =eh ... »tedy" ~cng tbo ... id e~, an u;c 6ist.anc. ot. ".i! feat i:c " !;lOW fox coner and beti!lg cite eM of IUd Cl.lXVe, .

THENCE ~ort~ Gl degr ••• 50 mi~t •• 00 seconda Weat, a'dtat~ ot 145.27 feet to a peine for c;>%II<!r and beitlg '1::» be~ ot .. cum to eM lef\: ha,vitlg .. • "",u,,1 angle of ~O d"9l'.~ QO lIlinute. ao .... eonda, a rad.1US ot. 5.00 teet .. M .. abcrd wMch bour SO\ltb ,~ d.'Ii9n.o 10 minutl. tto ~ecollds WeSt, II i!ist.."... af 7.1l7 feet,

~E south~.terly, al<me ehe .. id.~, an arc d>.~~ Q~ ?SS £_et to. paine fer CO""""'' lII!li l> •. ir.g tM .,."" of said tt~;

'l'l!I!IlCs South 21 ~egnu lQ mi:lUt.as ·00 sl!o';o..as Wese., .. di~ of 118.08 faetee a point fo:: ~ &Ild I:!s!.lIS itI thlb eouthwaee;ly l..i.u sf said ~ot l21. lII!li ehs nonlwesterly li .... of sa14 li<>t 12S';

THENCE North Si 4a9reel 44 minutes S9 seconds West, alcn§ th$ c.~ l!.ne of .aid ~t 12" and !.CC lolli, a d>.ta.w:ze >:>f as.DO feet to ~ »onrr or l!1IG1~ aM "oneWing 11, 521 Sej'. ft. or O. ;ISU acr.... ot laM..' ,

EXHIBIT A, Land - Page 4

F ll.ed and liecol"d'l!d : Of f laial Publ io Reoclrd& John F. W.rren, County Clerk DaIl~s County, TEXAS

: 1111/05/2010 12: 15!07 PM , 1144.00

201000256617

", I']' 'I ORDER NO: ,:::, J -. ,1.


STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER

BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the

11th January ______________ day of _________________ , 2011, on

Jolm Wiley Price, Commissioner of District No, 3 a motion made by ____________________________ , and seconded by

_Ma_u_r_i_n_e_D_l_' c_k_e-,-y-,-,_C_OlTlffi_l_' s_s_i_o_n_e_r_o_f_D_l_' s_t_r_i_c_t_N_o_, _1 _____ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation on January 4, 2011 concerning FY2011 Budget Balancing Strategies including rescinding Commissioners Court approval for Constable Precinct One and Four to deposit funds collected for payment for activities related to the notification and sale of abandoned vehicles as allowed by Transportation Code 683,031 and 683,034; and

WHEREAS, rescinding these agreements and requiring Constable Precinct One and Four to deposit any funds collected for payment for activities related to the notification and sale of abandoned vehicles as allowed by Transportation Code 683,031 and 683,034 into the General Fund Constable Fee line item as the other Constable Precinct are required will result in additional revenue in the General Fund; and

WHEREAS, depositing the existing funds in the two escrows into the appropriate Constable Fee line items plus all future revenue will result in the recognition of $] 98,479 in additional revenue for FY201L

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby rescind the prior agreements with Constable Precinct One and Four to deposit funds collected for payment for activities related to the notification and sale of abandoned vehicles as allowed by Transportation Code 683 JJ31 and 683 J134 into an escrow and require that all current funds in the escrows and all future revenue be deposited into the appropriate Constable Fee line item and be recognized as General Fund revenue,

DONE IN OPEN COUR his the 11th day of /January -- (

~~~

,2011.

Mauri ickey, District

/ h';:/ ~ ~ M-. -t::~ . ~, ~/ ;MJt/ /61---d

Dr. Elba Garcia, District #4

Recommended by: h'l - ~\O v..) ""-•

COURT ORDER

ORDER NO: 2011 O~J~~

17 DATE: January 11, 2011

STATE OF TEXAS

COUNTY OF DALLAS


11th day of __ -'J"'a"'n"'u"'a""ryo..L _____________ , 2011, on

a motion made by John Wiley Price, Commissioner of District No, 3 , and seconded by

_M-,a-,u:::r.=i=n.=e-,D::.:l::.:' c=k=e",y-,,~C=omm=l::.:' s=s:::i:::o:::.n:::e:::::r-.:::o=f-,D::::l:.:' s::..:t:::r:::i:::c:::t_N:.:o=, .-:1"-____ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation on January 4, 2011 concerning FY2011 Budget Balancing Strategies in order to offset the cost of rescinding two policies approved as part of the FY2011 Budget to include a) decrease the number of sick days earned by employees from 12 to 6 per yearfor a savings of $347,118 and b) requiring all new hires to be paid at the minimum of the salary range for the first six (6) months of employment for a savings of $200,000; and

WHEREAS, the Office of Budget and Evaluation identified and Commissioners Court approved savings in the amount of $568,002 which is $20,884 more than needed to offset the cost of reinstating a) decrease the number of sick days earned by employees from 12 to 6 per year and b) requiring all new hires to be paid at the minimum of the salary range for the first six (6) months of employment.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby rescind the following policies that were to take effect in January 2011 a) decrease the number of sick days earned by employees from 12 to 6 per year and b) requiring all new hires to be paid at the minimum of the salary range for the first six (6) months of employment.

DONE IN OPEN COURT this the __ l_lt_h __ day of ____ Ja_n_u_a-,r~y------" 2011.

IffiOUJ"" ",ey, District #1

Recommended by: ~ ~ - ~ro W"" Ryan Brown, Budget Officer

Mike Cantrell, District #2

ORDER NO: 2011 0741 DATE: January 11, 2011

STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER

/g BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the

11th January _____________________________ dayof _____________________________________ ,2011,on

a motion made u y __ J_ol_ill_W_i_l_e,,-y_P_rl_' c_e_,,--_C_o_mrru_·_s_s_io_n_e_r--.-e0ccf_D_iccs-,-tr=-l=-· c=-t~Nccocc,-=3 ______ , and seconded by

_Ma_ur_i_n_e_D_i_ck_e_y_,_C_o_mrru_' _S_Sl_' o_n_e_r_o_f_D_i_s_tr_l_' c_t_N_o_,_l _____ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation on January 4, 2011 concerning FY20l 1 Budget Balancing Strategies including notifying Bob McGrath, Legal Advisor that the Employment Agreement will not be renewed; and

WHEREAS, as required by the Renewal or Non-Renewal of Employment Agreement the Dallas County Commissioners Court provides notice that they do not intend to renew the Employment Agreement with Bob McGrath, Legal Advisor with the current contract end of May 2, 2011; and

WHEREAS, it is further recommended that the Legal Assistant Court Administration, grade 10 position be eliminated and an Executive Secretary, grade 10 position be created that will report to the Assistant Administrator of Operations, Assistant Administrator of Governmental Affairs, and Director of Planning/Development effective February 28, 2011; and

WHEREAS, the non-renewal of the Employment Agreement with Bob McGrath, Legal Advisor will result in annual savings of $171,736 including benefits.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby notify Bob McGrath, Legal Advisor that the Employment Agreement will not be renewed and will end on May 2, 2011.

IT IS THEREFORE FURTHER ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the deletion of Legal Assistant Court Administration, grade 10, position number 518 and creation of an Executive Secretary effective February 28, 2011 with the Human Resources/Civil Service Dep' tment reviewing the Executive Secretary for Joper classification.

DONEI 11th daYOf ________ ~~----_~

Mike Cal)%rell, District #2

~:!£;/4~' Dr. Elba Garcia, District #4

Recommen ed by: M '(- ~\O L.....J ~ Ryan Brown, Budget Officer

"f ~j ORDER NO: 4 ,J 1-"..


STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER


______ l_l_t_h _______ day of _~J:.=an=u=:a::,ryL_. _____________ , 2011, on

a motion made by John Wiley Price, Cormnissioner of District No.3 , and seconded by

__ Ma_u_r_l_' n_e_D_i_c_k_e.::..y-,-,_Co_mnu_·_s_s_i_o_n._e_r_o_f_D_l_· s_t_r_i_c_t_l ______ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation on January 4, 2011 concerning FY2011 Budget Balancing Strategies including a reorganization of the Office of Budget and Evaluation; and

WHEREAS, the Office of Budget and Evaluation requests permission to eliminate two Senior Budget and Policy Analyst, grade J positions with the creation of an Assistant Budget Officer, grade N position; and

WHEREAS, approval of this reorganization will result in authorized staffing of Budget Officer, Assistant Budget Officer, and three Budget and Policy Analyst positions; and

WHEREAS, approval of the reorganization will result in annual savings of $60,788 including benefits.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the deletion of two Senior Budget and Policy Analyst, grade J positions (position #1125 and #3850) and the creation of an Assistant Budget Officer position with the Human Resources/Civil Service Department reviewing the Assistant Budget Officer position for proper classification.

DONE IN OPEN COU T this the __ l_l_t_h_ day of ____ J-,a~n"-ua~ry-=-------, 2011.

~~ Mike Cantrell, District #2

//~t~Z-A' p:

( jillW'kYP/ Recommended bY:_~--'J_....J'/:....-_'?::,_'_\ __ I_O_t...V __ ------___ _

Ryan Brown, Budget Officer

COURT ORDER

1 0 r~1 ~ ORDER NO: 201·· t'n


STATE OF TEXAS

COUNTY OF DALLAS


___ . ___ l_l_t_h ________ day of __ -=.Ja=ll:.::u=a=ry"' ______________ , 2011, on

a motion made _J_o_hn_<_h_·l_e-,y_P_r_i_c_ec-' _C_o_mrru_·_s_S_i_o_ll_e_r_o_f_D_i_s_t_r_i_c_t_N_o_. _3 ______ , and seconded by

_Ma_u_r_i_ll_e_D_i_c_k_ey,-,-, _C_o_mrn_i_s_s_i_oll_e_r_o_f_D_i_s_t_r_i_c_t_N_o_._l ____ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation on January 4, 2011 concerning FY2011 Budget Balancing Strategies including elimination of the paper recycle escrow; and

WHEREAS, the remaining balance of $20,478 in the paper recycling escrow will be deposited into General Fund revenue and the escrow will be closed.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the elimination of the paper recycling escrow with the remaining balance to be deposited into the General Fund.

DONE IN OPEN COURT this the __ l_l_th __ day of ____ J_all_u_a_ry"-___ _ ,2011.

~

Gunty Judge Mike Cantrell, District #2

/

C:>. / ~1 /<;14 ....-- " /c...., / ' /L.---.._


Recommended by: h 1-~ 10 <...U '"""'

Ryan rown, Budget Officer

')1)11 ORDER NO: f." 1.1 '


STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER


______ l_l_th ________ day of __ J_an_u_a_r_y ______________ , 2011, on

a motion made by John Wiley Price, Commissioner of District No.3 , and seconded by

_='_Ma",u",' T::::l::::' n::::e::::'..::D:::'i:::c::::k:=eLy,,-, _C::::o:::ll1ffiJ:::':::':::, s:::s:::i.:::o:::n:::er"--,o:::f'--OD:::i:::s",t",r",i",c,,,t ""N"'o"'.'-'l'--___ , the fo 1I owing Co urt Order was adop ted:

WHEREAS, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation on January 4, 2011 concerning FY2011 Budget Balancing Strategies including a reorganization of the Quality Assurance Department; and

WHEREAS, the Quality Assurance Department requests approval to delete a Maintenance Technician, grade 7, position #1067 and Human Resources/Civil Service Department review for proper classification a Quality Assurance Team Supervisor, grade G, a Quality Assurance Officer, grade 0, a Senior Secretary, grade 8 and three (3) Quality Assurance Supervisor, grade E; and

WHEREAS, the deletion of the Maintenance Technician will result in annual savings of $43,047 including benefits and assuming all positions are increased in grade to comparable positions in Facilities Management the net savings would be $15,784 annually,

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the deletion of a Maintenance Technician, grade 7, position #1067 and the Human Resources/Civil Service Department review a Quality Assurance Team Supervisor, grade G, a Quality Assurance Officer, grade 0, a Senior Secretary, grade 8 and three (3) Quality Assurance Supervisor, grade E for proper classification,

11th DONE IN OPEN COURT this the ____ day of ___ -+ ________ ,2011.

./


:// ,~1 /d!; /(~ Dr. Elba Garcia, District #4 '-

Recommended by: K 'I - ~ r<:; u.,j """"-


')1'11 ORDER NO: '''<' J JL -'-


STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER


11 th d f January 2() 11 ~ __________________________ ayo ~ __________ ~ _____________________ , ,on

a motion made by John Wiley Price, Connnissioner of District No, 3 , and seconded by

__ Ma_ur~l_' n_e~D_i_c_k_ey,--, _C_o_nnn~i_s_s_i_o_n_er~o_f~D_i_s_t_r_i_c_t _N_o_.~l~~~~_, the following Court Order was adopted:

WHEREAS, The Office of Budget and Evaluation briefed the Dallas County Commissioners Court on January 4, 2011 concerning Parkland Health and Hospital System request to extend lease space for Metro Medical Credit Union; and

WHEREAS, Parkland Hospital Board of Managers approved to extend the new lease effective as of March 1,2010 and will expire February 28, 2015.

IT IS THEREFORE ORDERED, ADJUDGED, AND that the Dallas County Commissioners Court does hereby authorize Parkland Health and Hospital System to extend lease space for Metro Medical Credit Union. This agreement has been reviewed and approved by the Parkland Board of Managers.

DONE IN OPEN COURT 11 th day of ~Ja_n_ua~r",,-y~~~_v 11.



Recommended by: M .... ( -~ f'o u.J'--'


COURT ORDER

')fI·l' U···"Jq ORDER NO: ."" U.· .'- I (.


STATE OF TEXAS

COUNTY OF DALLAS


____________ ll_t_\_l ______________ dayof ___________ J_a~n~u_ary~ ____________________ ,2011, on

a motion made by John Wiley Price, Commissioner of District No, 3 • and seconded by

___ Ma_ll_r_i_n_e_D_ic_k_e-,-y-,-,_C_omm __ i_s_s_i_on_e_r __ o_f_Dl_' s_t_r_i_c_t_N_o_,_l ______ • the following Court Order was adopted:

WHEREAS, The Office of Budget and Evaluation briefed the Dallas County Commissioners Court on January 4, 2011 concerning Parkland Health and Hospital System request to renew lease space at 4747 Leston Avenue; and

WHEREAS, Parkland Hospital Board of Managers approved the renewal agreement for an additional term of four years. The new term will commence March 1. 2011 and expire February 29. 20l6.

IT IS THEREFORE ORDERED, ADJUDGED, AND that the Dallas County Commissioners Court does hereby authorize Parkland Health and Hospital System to renew lease space at 4747 Leston Avenue. This agreement has been reviewed and approved by the Parkland Board of Managers.

DONE IN OPEN COURT this the 11th day of _~-n-u~ar""y'-~-.-r

,D'ckey, D""'" #I? ' M~· ~~~ ~ / ;ff4/Af/ 'Jiley Price Dr. Elba Garcia, District #4

Recommended by: ~'1- fSrou..l""'-. Ryan Brown, Budget Officer

COURT ORDER

ORDER NO: 2011 080


STATE OF TEXAS

COUNTY OF DALLAS


11th d f January 2011 ____________ . _______________ ayo ___________________________________ , ,on

a motion made by John Wiley Price, Commissioner of District No, 3 , and seconded by

_Ma __ u_r_i_n_e_D_i_ck_e..cY,-,,--C_o_mm_i_s_s_io_n_e_r __ o_f_D_i_s_tr_l_' c_t_N_o_, __ l _______ , the following Court Order was adopted:

WHEREAS, The Office of Budget and Evaluation briefed the Dallas County Commissioners Court on January 4, 2011 concerning Parkland Health and Hospital System request to extend lease space for Michael Carroll M.D.; and

WHEREAS, Parkland Hospital Board of Managers approved the lease space in Parkland's Southeast Dallas Health Center Professional Building, Suite 220, totaling 1,524 usf. The new term will commence January 1, 2011 and expire December 31, 2012.

IT IS THEREFORE ORDERED, ADJUDGED, AND that the Dallas County Commissioners Court does hereby authorize Parkland Health and Hospital System to extend lease space for Michael Carroll M.D. This agreement has been reviewed and approved by the Parkland Board of Managers.

DONE IN OPEN COURT this the 11th day of January

,



Recommended by: \::z'1 - ~f'O W '"" Ryan Brown, Budget Officer

ORDER NO:


STATE OF TEXAS

COUNTY OF DALLAS

U" ~) 1 o ""

COURT ORDER


________ l_l_t_h ______ day of _______ Ja_n_u_a_ry-'-_________ , 2011, on

a motion made by John Wiley Price, Commissioner of District No.3 , and seconded by

Ma_ur_l_' n_e_D_i_c_k_ey,,-,-, _C_o_mm_i_s_s_i_o_n_er_o_f_D_i_s_t_r_ic_t_N_o_._l ____ , the following Court Order was adopted:

WHEREAS, The Office of Budget and Evaluation briefed the Dallas County Commissioners Court on January 4, 2011 concerning Parkland Health and Hospital System request to extend lease space for Robert K. Stahlman II, 0.0"; and

WHEREAS, Parkland Hospital Board of Managers approved the lease space in Parkland's Southeast Dallas Health Center Professional Building, Suite 100, totaling 3,500 usf. The new term will commence January 1, 2011 and expire December 31, 2012.

IT IS THEREFORE ORDERED, ADJUDGED, AND that the Dallas County Commissioners Court does hereby authorize Parkland Health and Hospital System to extend lease space for Robert K. Stahlman. This agreement has been reviewed and approved by the Parkland Board of Managers.

DONE IN OPEN COURT this the 11th day of January ,201


~~~~~~~~~' ~~~~~~--~------Dr. Elba Garcia, District #4

Recommended by: h'l - ~{'O uJ ___ Ryan Brown, Budget Officer

ORDER NO.


STATE OF TEXAS

COUNTY OF DALLAS

§

§

COURT ORDER


the __ l_l_tl_l __ day of ______ J_an_ua_ry"-____________ , 2011, on motion made by

_J_o_hn __ W_i_l_e_y_P_r_i_c_e_,_C_o_mml __ 's_s_l_'o_n_e_r_o_f_D_i_s_t_r_i_c_t_N_o_._3 __________ ,andsecondedby

Maurine Dickey, Commissioner of District No. 1 ______________________________ , the following Order was adopted:

WHEREAS, on January 11, 2011, the Commissioners Court was briefed by the Office of Infonnation Technology Department to secure Personal Services Contract with ARC, Austin Ribbon + Compnter for the services of Brent Frerck, Server Administrator; and

WHEREAS, at the end of the contract to hire period, the Office Information Technology Department, working with the Human Resources Department, will convert Brent Frerck to a full-time regular employee filling the vacancy for the server team; and

WHEREAS, the tenn of this contract will be from January 11, 2011 through April 11, 2011; and

WHEREAS, the cost of the contract will not exceed $25,000, and funding for the Personal Services Contract is available in the IT Department operating budget; and

WHEREAS, the Commissioners Court exempts this Contract from the requirement of Texas Local Government Code § 262.023 under the professional service exemption of § 262.024; and

WHEREAS, this contract aligns with the Commissioners Court Strategic Plan, Vision 1: Dallas County Government models interagency partnerships and collaboration; Strategy: 1.4. Improve the customer experience by implementing standards of operation, iilllovation and technology.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby approve the Personal Services Contract with ARC, Austin Ribbon + Computer for the services of Brent Frerck and authorizes the Dallas County Judge to sign the contract on behalf afDallas County.

OONElNOPENCOU ,<hi,"'" ~a::. J"t:, 20~ CJ" L, '" """ ,Okk", ::t Mili, C,",rell

C~ry "'ft4J ~",oo.""rnct# ,/& / :;2:~ fuhn Wiyey Price Dr. Elba Garcia

~sione istrict #3 Commissioner District #4

I) _8 Recommended by: VV~·

~E;tian, Interim CIO

COUNTY OF DALLAS §

STATE OF TEXAS §

1. PURPOSE

PERSONAL SERVICES CONTRACT ("Contract") between

DALLAS COUNTY, TEXAS ("County") and

AUSTIN RIBBON & COMPUTER ("ARC" or "Contractor") for the

SERVICES of BRENT FRERCK

This Contract is entered into by and between County and Contractor for the services of Brent Frerck in accordance with the Commissioners Court Order and pursuant to the authority granted by the Texas Government Code Chapter 262 for Server Support Services, including server installation, configuration and support for the County's distributed computing environment. The specific service of Brent Frerck is critical due to his background and experience, including his familiarity with computing environments similar to that at Dallas County.

2. TERM

Unless otherwise stated in this Contract, the Term of this Contract will be from January 11, 2011 through April 11, 2011.

3. SCOPE OF SERVICES

A. Contractor shall provide the services of Brent Frerck for the entire Term of this Contract. Brent Frerck shall perform the following services, including, without limitation:

1) Exchange Administrator;

2) Archive Manager Administrator;

3) Work with other technical staff to develop and configure Exchange storage requirements for County SANS

4) Assist as needed with Enterprise Active Directory services and supporting server infrastructure.

5) Monitor ClickRight and handle Exchange / Archive Manager related tickets.

6) Plan and schedule equipment installs and verify operational status.

7) Monitor Exchange system performance and provide performance statistics and reports as requested

8) Implement server upgrades, maintenance fixes, and vendor supplied patches.

B. County shall provide Contractor with the necessary office space and equipment.

PERSONAL SVCS CONTRACT WI AUSTIN RIBBON & COMPUTER FOR SVCS OF BRENT FRERCK-2011 1

4. PAYMENT FOR SERVICES

A. Contractor agrees to submit to the Chief Information Officer ("CIO") complete, fully documented and accurate itemized statements of invoices with appropriate/applicable attachments, statistical and programmatic documentation reports, as required by County for the performed services no later than the Fifteenth (15th

) and the Thirtieth (30th) of the

calendar month following the prior month's Services.

8. Each statement shall be in a form acceptable to the Dallas County Auditor, and shall include details of the services rendered as may be requested by the Auditor for verification purposes. The statement shall, at a minimum, include a description of the services, the day(s) and the

amount of time during the day(s) that Contractor performed the services, and the total amount billed for services rendered.

C. After receipt of the statement, the CIO shall review the statement and approve it with any modifications deemed appropriate and thereafter forward the statement with any modifications to the County Auditor for payment. Contractor shall hold harmless and indemnify the County for any discrepancy between the amount submitted for payment and the actual payment finally approved by the County.

D. Within thirty (30) business days of receipt of statement, County agrees to compensate Contractor from available designated fund at a pro-rated value of Fifty and 00/100 Dollars ($50.00) per hour for performing such services. County will make payment to Contractor upon receipt of a verified and proper billing for services actually rendered. Any payments by County to Contractor may be withheld if the Contractor fails to comply with County's contract provisions, deliverables, or other requirements relating to Contractor's performance of work and services under this Contract. County shall pay Contractor only for those costs that are allowable under applicable laws, including, without limitation, the federal rules, regulations, cost principles, and those stated in this Contract. County shall have the right to withhold all or part of any payments to the Contractor to offset any payment or reimbursement made to Contractor for ineligible expenditures, undocumented units of service billed.

E. Not to Exceed Amount. The maximum amount to be paid under this Contract is Twenty-Five Thousand and 00/100 Dollars ($25,000.00).

F. Contractor agrees that a temporary delay in making payments due to the County's accounting and disbursement procedures shall not place the County in default of this Contract and shall not render the County liable for interest or penalties, provided such delay shall not exceed thirty (30) calendar days after its due date. Any payment not made within thirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code.

G. Prior Debts. County shall not be liable for costs incurred or performances rendered by Contractor before or after the Contract Term; for expenses not billed to County within the applicable time frames set forth in this Contract; or for any payment for services or activities not provided pursuant to the terms of this Contract.

H. Administrative Controls. Contractor shall establish, document and maintain adequate administrative and internal controls to ensure that only allowable and valid costs are billed to County for Services intended under this Contract. Contractor must refund any expenditures or payments that are not within the scope or intent of this Contract.


5. EXPENSES

Unless prior written approval by County is obtained, Contractor shall be responsible for all mileage, parking fees, and other expenses related to the fulfillment of the requirements of the Contract.

6. REPORTING AND ACCOUNTABILITY

A. Contractor agrees to submit all required documentation and reports on a timely basis and in accordance with the specified time frames.

B. Contractor agrees that all information, data and supporting documentation that relates to the services under this Contract shall remain the property of the County.

C. Should County determine it reasonably necessary, Contractor shall make all of its records and books reasonably related to this Contract available without delay to authorized County personnel to fulfill inspection or auditing deadlines and purposes or to sUbstantiate the provisions of services under this Contract. Required documents may include, but are not limited to, documents pertaining to services provided for purposes of programming, creation and modification of data fields, and records of telephone hours of support provided.

D. Contractor agrees to make available, at reasonable times and for reasonable periods, those supporting documents pertaining to services. All documents shall be maintained and kept by Contractor for a minimum of four (4) years and ninety (90) calendar days after the termination of the contract period. If any litigation, claim or audit involving these records begins before the specified period expires, Contractor must keep the records and documents until the later occurrence of either the end of an additional four (4) years and ninety (90) calendar days from date of court filings/audit findings, or until all litigation, claims or audit findings are resolved.

7. INDEMNIFICATION

A. To the fullest extent authorized by law, Contractor, including its elected officers, employees, directors, agents, volunteers, subcontractors and assigns (referred collectively as "Contractor") shall waive, release, indemnify and hold harmless County, including its Commissioners, Judge, assigns, elected officers, directors, employees, agents, and any third parties with whom County has or may in the future contract with to perform any aspect of County's Information Technology business functions (referred collectively as "County"), from and against any and all losses, damages, injuries (including death), causes of action, claims, demands, liabilities, judgments, suits, losses, damages, fines, assessments, penalties, adverse awards and expenses (whether based upon tort, breach of contract, patent, trademark or copyright infringement, or other intellectual property infringement, failure to pay employee taxes or withholdings, failure to obtain worker's compensation insurance, or otherwise), whether known or unknown, including, without limitation, legal and related legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from (1) any actual or alleged intentional or negligent act or omission of, or default in the performance of, attempted performance of, or failure to perform, Contractor's obligations pursuant to this Contract by Contractor, (2) Contractor's involvement in the specified services under this Contract, (3) Any terms or conditions or provisions or underlying provisions of this Contract, including but not limited to, any premises or special defect known or unknown to County, and any injury to individuals present during Contractor's involvement under the terms and conditions of the services and


Contract, including willful acts such as assault, copyright, licensing and patent infringement relating to any software and lor equipment provided by Contractor; and wrongful imprisonment or other intentional torts as a result of incorrect andlor scrambled information downloaded from any software andlor equipment provided by Contractor, and (4) the selection, provision, misuse, use or failure to use, by Contractor or any person or entity, of any medical devices, tools, supplies, materials, equipment, any other devices, tools, supplies, materials, equipment, or vehicles (whether owned or supplied by County, or any other person or entity) in connection said work or operations;

B. No Indemnification by County. Contractor acknowledges and agrees that Dallas County does not have the ability under Article XI, Section 7 of the Texas Constitution from indemnifying it or any other third party for damages arising under this Contract.

C. Hold Harmless by Contractor. Contractor expressly agrees that it will act under this Contract as an independent contractor in accordance with the terms of this Contract and to hold County free and harmless from any and all claims, liabilities, losses, damages, costs and expenses arising from or with respect to any acts of Contractor which give rise to claims that such acts were committed by or on behalf of Dallas County, or by or on behalf of Contractor acting in the role of Contractor or otherwise.

D. Approval and acceptance of Contractor's services by County shall not constitute nor be deemed a release of the responsibility and liability of Contractor for the accuracy and competency of their services; nor shall such approval and acceptance be deemed to be an assumption of such responsibility by the County for any defect, error or omission in the services performed by Contractor in this regard. Contractor shall defend, hold harmless and indemnify the County for damages resulting from such defects, errors or omissions.

E. Survival. These provisions shall survive termination, expiration or cancellation of this Contract or any determination that this Contract or any portion hereof is void, voidable, invalid or unenforceable.

8. INSURANCE

A. Without limiting any of the other obligations or liabilities of the Contractor and each of its subcontractors, Contractor agrees that it will have and maintain, and will require its subcontractors to have and maintain, at own expense, in full force and effect minimum insurance for themselves, including their officers, employees, agents, representatives, volunteers and subcontractors (collectively, "Contractor") with companies approved by the State of Texas and satisfactory to County

B. As a condition precedent to commencement of any work, within ten (10) calendar days after the Effective Date of this Contract, Contractor shall furnish to the Dallas County Director of Purchasing (at the same address given below under this Insurance heading) the following minimum insurance coverage that show the County as the certificate holder and covers the period of the Term of this Contract and any renewals:

1) Statutory Workers' Compensation Insurance that meets the requirements of the Texas Workers' Compensation Act, Title 5, Subtitle A of the Texas Labor Code, or, if selfinsured, then Contractor must provide to County evidence of a certificate issued by the Workers' Compensation Commission approving such self-insurance. If Contractor has


no employee (as defined by the Texas Workers' Compensation Act), Contractor shall provide County with a sworn Affidavit in lieu of a Certificate of Insurance, which Affidavit shall be attached and incorporated into this Contract by reference for all purposes, and which shall state that there is no employee. In the event that any work is subcontracted, Contractor shall require the subcontractors to similarly provide Workers' Compensation Insurance for all of the subcontractors' employees, unless such employees are afforded protection by the Contractor. Contractor shall bear the burden of all workers' compensation coverage for all of its subcontractors and subcontractors' employees who do not have workers' compensation coverage. Contractor also represents that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with an appropriate insurance carrier, or in the case of self insurance, with the Texas Workers' Compensation Commission. Providing false or misleading information may subject Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions.

Types of Coverage Workers' Compensation Employer's Liability

Bodily injury by Accident Bodily injury by Disease Bodily injury by Disease

Limits of Liability Statutory

$500,000.00 Each Accident $500,000.00 Each Employee $500,000.00 Policy Limit

2) Professional Liability Insurance or Errors and Omissions Insurance. Contractor shall indemnify County for damages resulting from defects, errors or omissions and shall secure, pay for and maintain in full force and effect during the Term of this Contract and any subsequent extensions hereto and thereafter for an additional five (5) years from the effective date of cancellation, termination or expiration of this Contract or any subsequent extensions hereto, sufficient errors and omissions insurance in a minimum amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) per occurrence with certificates of insurance evidencing such coverage to be provided to the County.

3) Commercial General Liability Insurance, including Contractual Liability Insurance. Contractor shall maintain Commercial General Liability Insurance coverage for the following: (a) Premises Operations; (b) Independent contractors or consultants; (c) Products/Completed operations; (d) Personal injury; (e) Contractual liability; (f) Explosion, collapse and underground; (g) Broad form property damage, to include fire legal liability. Such insurance shall carry a limit not less than Five Hundred Thousand and 00/100 ($500,000.00) for bodily injury, property damage, and blanket contractual coverage per occurrence with a general aggregate of Five Hundred Thousand and 00/100 ($500,000.00) and products and completed operations aggregate of Five Hundred Thousand and 00/100 ($500,000.00). There shall not be any policy exclusion or limitations for personal injury, advertising liability, medical payments, fire damage, legal liability, broad form property damage, and/or liability for independent contractors and volunteers, or such additional coverage or increase in limits, including those contained within any bid specifications.

4) Commercial Automobile Liability Insurance. Any liability associated with the operation of a vehicle by Contractor, its agents or employees, in connection with the performance of services under this Contract shall not be the responsibility of the County.

C. Contractor agrees that, with respect to the above referenced insurance, all insurance contracts/policies will contain the following required provisions:

1) Name County, including its elected officers, employees and authorized agents, as


additional insureds (as the interest of each insured may appear) as to all applicable coverage.

2) This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) calendar days prior written notice, or ten (10) calendar days for nonpayment of premium, has been given by the insurance company to the County.

3) Provide for an endorsement that the "other insurance" clause shall not apply to the County where the County is an additional insured on the policy.

4) Provide for notice to the County to the person and at the address shown below by certified mail, return receipt requested, and full postage paid, sent to:

Dallas County Director of Purchasing Records Building, ffh Floor 509 Main Street, Room 623 Dallas, Texas 75202-5799

5) Contractor agrees to waive subrogation, and each applicable policy of insurance shall state a waiver of subrogation, against County, including its elected officials, officers, employees, volunteers, agents and representatives, for injuries, including death, property damage andlor any other loss.

D. Contractor shall be solely responsible for all cost of any insurance as required here, any and all deductible or self-insured amount, which in no event shall exceed ten percent (10%) of the amount insured and in the event that an insurance company should deny coverage.

E. It is the intent of these requirements and provisions that Contractor's insurance covers all cost and expense so that the County, including its elected officials, officers, employees, volunteers, agents and representatives will not sustain any expense, cost, liability or financial risk as a result of the performance of services under this Contract.

F. Insurance certificates. The certificates of insurance shall list Dallas County as the certificate holder. Any and all copies of Certificates of Insurance shall reference this Contract for which the insurance is being supplied. All insurance policies or duly executed certificates for the same required to be carried by Contractor under this Contract, together with satisfactory evidence of the payment of the premium thereof, shall be delivered to the Dallas County Director of Purchasing located at the Dallas County Records Building, 509 Main Street, if" Floor, Dallas, Texas 75202 within ten (10) calendar days of execution andlor renewal of this Contract and upon renewals and/or material changes of such policies, but not less than fifteen (15) calendar days prior to the expiration of the term of such coverage, or such nondelivery shall constitute a default of this Contract subject to immediate termination at County's sole discretion.

G. All insurance coverage shall be on a per occurrence basis or a per claim basis if Contractor provides for five (5) year tail coverage, unless specifically approved in writing and executed by the County's Director of Purchasing and Risk Manager.

H. All insurance required to be carried by Contractor and/or subcontractors under this Contract shall be acceptable to the County in form and content, in its sole discretion. All policies shall be issued by an insurance company acceptable and satisfactory to County and authorized to do business in the State of Texas. Acceptance of or the verification of insurance by County shall not relieve or decrease the liability of the Contractor.


I. Minimum insurance is a condition precedent to any work performed under this Contract and for the entire Term of this Contract, including any renewals or extensions. In addition to any and all other remedies County may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, or such insurance lapses, is reduced below minimum requirements oris prematurelytenminated for any reason, County shall have the right to:

1) Order Contractor to stop work hereunder, which shall not constitute a Suspension of Work;

2) Withhold any payment(s) which become due to Contractor until Contractor demonstrates compliance with the requirements and assurance and proof acceptable to County that there is no liability to County for failure to provide such required insurance;

3) At its sole discretion, declare a material breach of this Contract, which, at County's discretion, may result in:

a) termination of this Contract;

b) demand on any bond, as applicable;

c) the right of the County to complete this Contract by contracting with the "next low proposal." Contractor will be fully liable for the difference between the original Contract price and the actual price paid, which amount is payable to County by Contractor on demand; or

d) any combination of the above;

4) Any combination of the above.

J. Approval, disapproval or failure to act by the County regarding any insurance supplied by Contractor shall not relieve Contractor of full responsibility or liability for damages and accidents as set forth herein. Neither shall bankruptcy, insolvency or denial of liability by any insurance company exonerate the Contractor from liability.

K. Acceptance of the services, or failure to act by County shall not constitute nor be deemed a release of the responsibility and liability of Contractor, its employees, associates, agents or subcontractors for the accuracy and competency of their services; nor shall such acceptance be deemed an assumption of responsibility or liability by County for any defect in the services performed by Contractor, its employees, subcontractors, and agents.

L. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this Contract.

M. Survival. The provisions of this Section shall survive termination or expiration of this Contract or any determination that this Contract or any portion hereof is void, voidable, invalid or unenforceable.

N. Insurance Lapse. Pursuant to Section 94.73 of the Dallas County Code, if the Contractor fails to maintain the insurance required under the Contract continuously at all times during


the period stated in the Contract, or otherwise has a lapse in any of the required insurance coverage, including workers' compensation coverage, the Contractor shall reimburse the County for any and all costs, including attorney's fees incurred by the County in curing said default. In the event of any insurance lapse, the County shall retain five percent (5%) of the value of the total Contract Sum for a period of six (6) months from the date of the cure of the insurance lapse or the date the Contract has ended, whichever is later, to cover the County's potential exposure to liability during the period of the insurance lapse.

In the event that the Contractor does not maintain insurance as required by the Contract, the Contractor shall immediately cure such lapse at the Contractor's sole cost and expense, and pay the County in full for all costs and expenses incurred by the County under the Contract as a result of the Contractor's failure to maintain insurance, including, but not limited to, any and all costs and reasonable attorney's fees relating to the County's efforts to cure such lapse in insurance coverage. Such costs and attorney's fees, which shall not exceed One Thousand Five Hundred and 00/100 Dollars ($1500.00), shall be automatically deducted from monies owed to the Contractor by the County under the Contract. If the monies owed to the Contractor under the Contract are less than the amount required to cure the lapse in coverage, the Contractor shall pay such monies to the County upon written demand. Moreover, upon any lapse of the required insurance by the Contractor, the County shall immediately retain five percent (5%) of the total value of the Contract to cover the County's potential exposure to liability during the period of such insurance lapse. The five percent (5%) retainage shall be immediately deducted from any monies due to the Contractor by the County under the Contract and held by the County for a period of six (6) months from the date of the cure of the insurance lapse or a period of six (6) months from the date the Contract has terminated, expired, or otherwise ended, whichever is later. If no claims is received by or lawsuits filed against the County for any applicable matters, accidents or injuries that occurred during the lapse of insurance, the retainage shall be promptly returned to the Contractor upon written request. Notwithstanding the foregoing, in the event a claim is received by or lawsuit is filed against the County for applicable matters, accidents, or injuries that occurred during the Contractor's insurance lapse, the County shall use the retainage to defend, pay costs of defense, or settle any and all such claims, lawsuits, or judgments, with any and all amounts in excess of the retainage to be paid by the Contractor upon written demand by the County.

9. TERMINATION / SUSPENSION

A. Suspension. Should County desire to suspend the services, but not terminate the Contract, County shall issue a written order to stop work. The written order shall set out the terms of the suspension. Contractor shall stop all services as set forth in this Contract and will cease to incur costs to County during the term of the suspension. Contractor shall resume work when notified to do so by County in a written authorization to proceed. If a change in the terms and conditions of payment for services of this Contract is necessary because of a suspension, a mutually agreed Contract amendment will be executed in accordance with this Contract.

B. Termination. Either party may, at its option and without prejudice to any other remedy to which it may be entitled to at law or in equity, or elsewhere under this Contract, tenminate this Contract, in whole or part, by giving thirty (30) calendar days prior written notice thereof to the other party with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. County shall compensate the Contractor in accordance with the terms of this Contract for the services performed prior to the date specified in such notice. In the event of cancellation, Contractor shall cease any and all services under this Contract on the date of termination and to the extent specified in the notice of termination. Upon receipt of such notice, Contractor shall not incur any new


obligations or perform any additional services and shall cancel any outstanding obligations or services to be provided, To the extent funds are available and reimbursement is permitted, County will reimburse Contractor for non-canceled obligations that were incurred prior to the termination date, Upon termination of this Contract as herein above provided, any and all unspent funds that were paid by County to Contractor under this Contract and any and all County data, documents and information in Contractor's possession shall be returned to County within five (5) business days of the date of termination, In no event shall County's termination of this Contract, for any reason, subject County to liability,

1) Without Cause: This Contract may be terminated, in whole or in part, without cause, by either party upon thirty (30) calendar days prior written notice to the other party,

2) With Cause: County reserves the right to terminate this Contract immediately, in whole or in part, at its sole discretion, for the following reasons:

a) Lack of, or reduction in, funding or resources;

b) Non-Performance, Contractor's non-performance of the speCifications of this Contract or non-compliance with the terms of this Contract shall be a basis for termination of the Contract by the County, Termination, in whole or in part, by the County under this Section may be made at County's option and without prejudice to any other remedy to which County may be entitled to at law or in equity, or elsewhere under this Contract, by giving thirty (30) days written notice to Contractor with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice, County shall not pay for work, equipment, services or supplies that are unsatisfactory or unauthorized, At County's sole discretion and with written notice by County, Contractor may be given a reasonable opportunity prior to termination to correct any deficiency in the work or services performed under this Contract. County will consider a reasonable time to be thirty (30) calendar days to cure any problems and/or deficiencies with Contractor's performance, such problems and/or deficiencies being determined by County, Nothing herein, however, shall be construed as negating the basis for termination for non-performance or shall in no way limit or waive County's right to terminate this Contract under any other provisions herein,

c) Contractor's improper, misuse or inept performance of services under this Contract;

d) Contractor's failure to comply with the terms and provisions of this Contract;

e) Contractor's submission of invoices, data, statements and/or reports that are incorrect, incomplete and/or false in any way;

f) In County's sole discretion, if termination is necessary to protect the health and safety of clients;

g) If Contractor becomes or is declared insolvent or bankrupt, or is the subject of any proceedings relating to its liquidation or insolvency or for the appointment of a receiver or similar officer for him, has a receiver of its assets or property apPOinted or makes an assignment for the benefit of all or substantially all of its creditors, institutes or causes to be instituted any proceeding in bankruptcy or reorganization or rearrangement of its affairs, enters into an agreement for the composition, extension, or adjustment of all or substantially all of its obligations, or has a material change in its key employees; and/or


h) Contractor's inability to perform under this Contract due to judicial order, injunction or any other court proceeding,

10, NOTICE

Any notice to be given under this Contract shall be deemed to have been given if reduced to writing and delivered in person or mailed by overnight or Registered Mail, postage pre-paid, to the party who is to receive such notice, demand or request at the addresses set forth below, Such notice, demand or request shall be deemed to have been given three (3) business days subsequent to the date it was so delivered or mailed,

Rodney Christian, CIO Dallas County 411 Elm Street, Suite 200 Dallas, TX 75202

11. SEVERABILITY

Ryan Grant, President ARC, Austin Ribbon & Computer Company 9211 Waterford Centre Blvd, Suite 202 Austin, TX 78758

If any provision of this Contract is construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions in this Contract. The illegal or invalid provision will be deemed stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or invalid provisions had never been incorporated,

12. SOVEREIGN IMMUNITY

This Contract is expressly made subject to County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state laws. The parties expressly agree that no provision of this Contract is in any way intended to constitute a waiver of any immunities from suit or from liability that the County has by operation of law. Nothing in this Contract is intended to benefit any third party beneficiary.

13. COMPLIANCE WITH LAWS AND VENUE

In providing services required by this Contract, Contractor must observe and comply with all applicable federal, State, and local statutes, ordinances, rules, regulations, grant requirements, licenses, legal certifications, or inspections required for the Services, facilities, equipment, or materials, This Contract shall be governed by Texas law and exclusive venue shall lie in Dallas County, Texas,

14. AMENDMENTS AND CHANGES IN THE LAW

No modification, amendment, novation, renewal or other alteration of this Contract shall be effective unless mutually agreed upon in writing and executed by the parties hereto, Any alteration, addition or deletion to the terms of this Contract which are required by changes in federal or State law are automatically incorporated herein without written amendment to this Contract and shall be effective on the date designated by said law,

15, ENTIRE AGREEMENT

This Contract, including all Exhibits and any other attachments, constitutes the entire agreement between the parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written,


16. BINDING EFFECT

This Contract and the respective rights and obligations of the parties hereto shall inure to the benefit and be binding upon the successors and assigns of the parties hereto, as well as the parties themselves.

17. GOVERNMENT FUNDED PROJECT

If Contract is funded in part by either the State of Texas or the federal government, the Contractor agrees to timely comply without additional cost or expense to County, unless otherwise specified herein, to any statute, rule, regulation, grant, contract provision or other State or federal law, rule, regulation, or other similar restriction that imposes additional or greater requirements than stated herein and that is directly applicable to the services rendered under the terms of this Contract.

18. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It is not a waiver of default if the non-defaulting party fails to immediately deciare a default or delays in taking any action. The rights and remedies provided by this Contract are cumulative, and either party's use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Contractor has a duty to mitigate damages.

19. FISCAL FUNDING CLAUSE

Notwithstanding any provisions contained herein, the obligations of the County under this Contract are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Contract and any extensions thereto. Contractor shall have no right of action against County in the event County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Contract by written notice to Contractor at the earliest possible time prior to the end of its fiscal year.

20. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Contract may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Words of any gender used in this Contract shall be held and construed to include any other gender any words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this Contract.

21. PREVENTION OF FRAUD AND ABUSE

Contractor shall establish, maintain and utilize internal management procedures sufficientto provide for the proper, effective management of all activities funded under this Contract. Any known or suspected incident of fraud or program abuse involving Contractor's employees or agents shall be reported immediately by the County to the Office of the Inspector General for appropriate action. Moreover, Contractor warrants to be not listed on a local, county, State or federal consolidated list of debarred, suspended and ineligible contractors and grantees. Contractor and County agree that every person who, as part of their employment, receives, disburses, handles or has access to funds


collected pursuant to this Contract does not participate in accounting or operating functions that would permit them to conceal accounting records and the misuse of said funds. Contractor shall, upon notice by County, refund expenditures of the Contractor that are contrary to this Contract and deemed inappropriate by the County.

22. INDEPENDENT CONTRACTOR

Contractor, including its agents or employees, is an independent contractor and not an agent, servant, joint enterpriser, joint venturer or employee of the County, and is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Contract.

23. ASSIGNMENT

Contractor assures that it will not transfer or assign its interest in this Contract without prior written consent of County. Contractor understands that in the event that all or substantially all of Contractor's assets are acquired by another entity, Contractor is still obligated to fulfill the terms and conditions of this Contract. County approval to transfer or assign Contractor's interest in this Contract to an entity that acquires all or substantially all of Contractor's assets is subject to formal approval by the Dallas County Commissioners Court. In the event of the assignment or sale of Contractor assets, the County, at its option, may terminate this Contract and at no costtothe County retain the use of any of the equipment, softwareiprogramiinterfaceideliverable and other items provided under this Contract. Contractor shall deposit all system and application software with an independent escrow agent. In the event of sale or assignment, County has the right of use of all source codes and at no cost perpetual license to use all software.

24. SUBCONTRACTING

Contractor may not enter into agreements with subcontractors for delivery ofthe designated services outlined in this Contract without prior written consent of the County, which consent shall not be unreasonably withheld. The costs of all subcontracted services are included in the fees paid herein. Subcontracts, if any, entered into by the Contractor will be in writing and subject to all requirements herein. Contractor agrees that it will solely be responsible to County for the performance of this Contract. Contractor shall pay all subcontractors in a timely manner. County shall have the right to prohibit Contractor from using any subcontractor.

25. CONFIDENTIAL INFORMATION AND OWNERSHIP

A. Ownership of County Data. All County Data shall remain the property of County. The County Data shall not be otherwise used, disciosed sold, assigned, leased or provided, or commercially exploited by or on behalf of Contractor and its personnel, including, without limitation, employees, officers, agents, subcontractors, invitees, third party vendors, or assigns (collectively, "Contractor"), to any third party in any respect without County's written consent. Contractor shall not delete or destroy any County Data or media on which County Data resides without prior written authorization of County (acting through the County Commissioners Court). At no cost to County, Contractor shall upon request promptly return to County, in the format and on the media in use as of the date of the request, any and all requested portion of any County Data it may possess or control.

B. Contractor shall not disclose privileged or confidential communications or information acquired in the course of the performance of the services under this Contract, unless authorized by law. Contractor agrees to safeguard and adhere to all confidentiality, privacy


and security requirements according to this Contract and the applicable federal, State and local rules and regulations for all information deemed confidential.

C. Confidentiality. "Confidential Information" means information designated as confidential or which would be recognized as confidential by a reasonable person from its nature and the circumstances surrounding its disclosure. Confidential Information includes, without limiting the generality of the foregoing, County Software, County Data, the terms of this Contract, and infomnation: (1) relating to the Disclosing Party's current or planned software (whether in object code or source code form) or hardware products or services, technical and nontechnical information, formulae, tools, patterns, compilations, programs, devices, techniques, drawings, methodologies and processes; (2) relating to Disclosing Party's business, policies, strategies, operations, finances, plans or opportunities, including the identity of, or particulars about, the County's clients, customers or service providers; or (3) marked or otherwise identified as confidential, restricted, secret or proprietary, including, without limiting the generality of the foregoing, information acquired by inspection or oral disclosure provided such information acquired by inspection or oral disclosure provided such information was identified as confidential at the time of disclosure or inspection.

D. Exceptions. NotWithstanding the foregoing, Confidential Information does not include information that the Receiving Party can establish: (1) has become generally available to the public or commonly known in either Party's business other than as a result of a breach by the Receiving Party of any obligation to the Disclosing Party; (2) was known to the Receiving Party prior to disclosure to the Receiving Party by the Disclosing Party by reason other than having been previously disclosed in confidence to the Receiving Party; (3) was disclosed to the Receiving Party on a non-confidential basis by a third party who did not owe an obligation of confidence to the Disclosing Party with respect to the disclosed information; (4) was independently developed by the Receiving Party without any recourse to any part of the Confidential Information; or (5) in the case of County, any information related to the services which County has publicly disclosed in connection with this Contract, including, without limitation, information of an operational, technical or financial nature related to County.

E. Use of Confidential Information. During the term of this Contract, the Receiving Party may: (1) disclose Confidential Information received from the Disclosing Party only to its employees, agents, officers, directors, attorneys, and subcontractors who have a need to know such information exclusively for the purpose of performing pursuant to this Contract and who have executed a nondisclosure agreement containing provisions no less restrictive than those contained herein, who are subject to other equivalent means to ensure confidentiality; (2) reproduce the Confidential Information received from the Disclosing Party only as required to perform pursuant to this Contract; and (3) disclose Confidential Information as required by law, provided the Receiving Party gives the Disclosing Party prompt notice prior to such disclosure to allow the Disclosing Party to make a reasonable effort to obtain a protective order or otherwise protect the confidentiality of such information. Except as otherwise specifically provided in this Contract, the Receiving Party shall not during the term and after expiration or earlier termination of this Contract: (1) disclose, in whole or in part, any Confidential Information received directly or indirectly from the Disclosing Party; or (2) sell, rent, lease, transfer, encumber, pledge, reproduce, publish, market, transmit, translate, mOdify, reverse engineer, compile, disassemble or otherwise use the Confidential Information in whole or in part.

F. Care. The Receiving Party shall exercise the same care in preventing unauthorized disclosure or use of the Confidential Information that it takes to protect its own information of a similar nature, but in no event less than reasonable care.


G. Return of Confidential Information. Immediately upon the Disclosing Party's request, and at the expiration or earlier termination of this Contract or any other applicable renewal or extension hereto, the Receiving Party shall return or destroy all materials containing Confidential Information, including without limitation, all originals, copies, reproductions and summaries, and all copies of Confidential Information present on magnetic media, optical disk, volatile memory or other storage device, in a manner that assures the Confidential Information is rendered unrecoverable.

H. Notwithstanding the foregoing, County agrees, to the extent permitted by the Public Information Act, to keep confidential (and store in a secure area with limited access) and will not copy, publish, sell, exchange, disclose, or provide to others or use any information, documents or data, provided to or disclosed to County, or any information related to this Contract, including, but not limited to, any exhibit, attachment, amendment, addendum, or other incorporated document, for any purposes other than performing County's obligations under this Contract, unless prior written notification is given by County that such speCified item will be released under the Public Information Act.

I. Confidential or Proprietary Marking. Any information or documents the Contractor uses in the performance of the services provided under this Contract that Contractor considers confidential or proprietary or that contains trade secrets must be clearly marked accordingly. This marking must be explicit as to the designated information. The designation, however, may not necessarily guarantee the non-release of the documents or information under the Texas Public Information Act or otherwise required by law

J. County Software. County shall identify the County Software, if any, that Contractor is authorized to use to perform the services pursuant to this Contract and specify the rights of Contractor to use the County Software for the benefit of the County.

K. Contractor Software. Contractor shall identify any Contractor Software that will be used to provide the services under this Contract. Without the fully informed written consent of the County (acting through the County Commissioners Court, County Commissioners Court Administrator, or County Contract Manager), Contractor shall not use in performing the services pursuant to this Contract any Contractor Software that is not commercially available to County. Contractor shall install, operate and maintain, at its expense, any Contractor Software needed to provide the services pursuant to this Contract. Contractor hereby grants to County, its contractors and subcontractors,to the extent necessary or desirable for County or such contractors and subcontractors to perform the services pursuant to this Contract, a worldwide, perpetual, royalty-free, nonexclusive license to use and modify Contractor Software for the sole and exclusive benefit of County. Except for the foregoing license, Contractor shall retain all right, title and interest in and to the Contractor Software.

L. Use of Concepts. Nothing in this Contract shall restrict a party from the use of any ideas, concepts, know-how, methods or techniques that such party, individually or jointly, develops or discloses under this Contract or obtains from third parties, except to the extent that such use infringes the other party's patent rights, copyrights or other intellectual property rights or involves a disclosure or use of the other party's Confidential Information.

M. Security. To the extent Contractor has access to County facilities and systems, Contractor will comply with the security procedures that are in effect during the Term of this Contractfor the security of County's facilities and County Data. In the event that Contractor personnel may have the ability to defeat systems security provisions on devices containing related and unrelated confidential information or data, Contractor covenants that it shall not access such County data or information or assert waiver of these confidentiality requirements by virtue of Contractor's access.


N. County Ownership of Work Product and Intellectual Property. Contractor agrees that any and all work, including, but not limited to, any and all analyses, evaluations, reports, memoranda, letters, ideas, formulae, processes, methodologies, tools, patterns, compilations, programs, devices, techniques, drawings, software, hardware, firmware, books, manuals, and films that are developed, prepared, conceived, made or suggested by Contractor for County pursuant to this Contract, including all such developments, enhancements, and modifications that are originated or conceived during the term of this Contract and are completed and reduced to writing or any other tangible form thereafter (hereinafter, the "Work Product") is and shall remain the exclusive property of County. Contractor further agrees that all Work Product that results or could result in the production of intellectual property, including, but not limited to, original computer programs, computer software, books, manuals, films or other original materials (hereinafter, the "Intellectual Property") is and shall remain the exclusive property of County. All rights, title, and interests in and to said property shall vest in County upon creation or upon creation in a fixed form. Any rights, title, and/or ownership interests, including patents and copyrights, that the Contractor, any subcontractors, or any other workers may hold in the Work Product, any other tangible media embodying the Work Product, or the Intellectual Property is hereby irrevocably assigned to County.

O. Work for Hire. To the fullest extent allowed by law, all work made or performed under this Contract shall be considered to be a "work made for hire" under the copyright laws. County shall have the right to obtain and hold in its own name any and all patents, copyrights, trademarks, service marks, certification marks, collective marks, registrations, or such other protection as may be appropriate to the Work Product and/or Intellectual Property, and any extensions or renewals thereof. To the extent that any rights, title and/or interests to any such work may not, by operation of law, vest in County or such work may not be considered a "work made for hire" under applicable law, Contractor hereby irrevocably assigns to County any and all of Contractor's rights, title and interests in and to said property. Contractor shall ensure that all rights, title and interests in and to said property are secured to County from Contractor and its subcontractors. Contractor agrees to give County, and agrees to require its subcontractors to give to County, or any person designated by County, all assistance required to perfect the rights, title, and interests defined in this provision, without any charge or expense beyond those amounts payable to Contractor for the services rendered pursuant to this Contract. Contractor shall execute any documents and take any other actions reasonably requested by County to accomplish the purposes of this provision. If, for any reason, County fails to obtain ownership of the Work Product and/or Intellectual Property and such ownership is vested in the Contractor, its employees or agents, Contractor agrees to (1) promptly and legally transfer such Work Product and Intellectual Property to County wherever possible and (2) wherever not possible, promptly grant to County a perpetual, exclusive, royalty-free and irrevocable license to use the Work Product and Intellectual Property for any purpose, and to assign and sublicense its license rights. In the event Contractor, for any reason, shall have or claim any rights, title, and/or interests in or to said property, County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for County purposes: (1) the copyright in any work developed under this Contract; and (2) any rights of copyright to which the Contractor, or its subcontractors, purchases ownership under this Contract.

P. Survival. The provisions of this Section shall survive termination or expiration of this Contract or any determination that this contract or any portion hereof is void, voidable, invalid or unenforceable.

26. ASSURANCES


A. Contractor agrees to establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

B. Contractor assures that neither it nor its employees, volunteers, agents or officers shall receive personal benefits, commission, consideration, or gains in performance of the services outlined in this Contract. Furthermore, Contractor agrees to disclose prior to commencement of a particular assignment any material/financial interests that it or a third party may have in the services required under this Contract.

C. No-Discrimination. This Contract is subject to applicable federal and state laws and executive orders, including the Fair Labor Standards Act of 1938, relating to equal opportunity and nondiscrimination in employment. Neither Contractor nor its agents or subcontractors shall discriminate in their employment practices against any person by reason of disability, age, race, creed, national origin, color, religion, sex, political affiliation, or veteran status. In addition Contractor assures that no person will, on the grounds of disability, age, race, creed, national origin, color, religion, sex, political affiliation, or veteran status, be excluded from, be denied the benefit of or be subjected to discrimination under any program or activity funded in whole or in part under this Contract. Contractor agrees to comply, and to cause its agents and subcontractors to comply, with the provisions of said laws and orders to the extent any such laws and orders are applicable in the performance of this Contract.

D. Personnel.

1) Personnel Qualifications. Contractor warrants that all personnel it uses under this Contract (the "Contractor Personnel") shall be: employees of Contractor or, if applicable, Contractor's subcontractor(s), fully qualified and licensed to perform the tasks assigned them, and in compliance with all applicable immigration laws. Contractor shall identify to County all third party contractors and subcontractors, and their roles and responsibilities, upon request. Contractor shall be solely responsible for payment of all wages, benefits, worker's compensation, disability benefits, unemployment insurance, as well as for withholding any required taxes for all Contractor Personnel in accordance with applicable federal, state, and local law. Contractor agrees to provide County with information regarding individual Contractor Personnel or proposed Contractor Personnel as County may reasonably request.

2) Personnel Cooperation. Each party recognizes the importance of cooperation among their respective employees, and each party will use commercially reasonable efforts to ensure positive working relationships between the parties so as to ensure timely completion of their respective tasks. '

3) Replacement or Removal of Contractor Personnel.

a) County Initiated Request of Removal of Contractor Personnel. County may, upon a written notice to the Contractor or the person Signing this Contract, require Contractor to remove an individual immediately from providing Services for the following reasons: violation of the terms and conditions of this Contract; violation of County's work rules and regulations; criminal activity; violation of state, federal, or municipal statutes; and engagement by said individual in activities that could be detrimental to County or County personnel. Contractor shall replace the removed individual with another Contractor Personnel as appropriate.

b) Replacement of Contractor Personnel. Contractor shall have the right to make


reasonable and necessary changes to the list of Personnel in orderto accomplish the purposes of this Contract upon immediate written notice to the County Chief Information Officer (CIO), Any changes in the Personnel shall be made utilizing persons of similar background, experience and credentials and shall be for the benefit of County, Contractor shall not be required to obtain County's prior approval of temporary changes due to vacation or illness of Personnel, but must provide immediate written notice to the County (CiO), if the temporary change in Personnel is for a period to exceed thirty (30) business days, Contractor shall be obligated to seek the County's approval, which will not be unreasonably withheld,

E, Contractor assures that funds received pursuant to this Contract will not be used for lobbying the Texas legislature or any governmental agency in connection with a particular contract

F, Contractor shall pay all subcontractors in a timely manner. County shall have no liability to any subcontractors in the event Contractor does not payor delays payment to any subcontractors, At termination or expiration of this Contract, Contractor shall deliver to County an affidavit of all bills paid, Final payment shall be contingent upon receipt of such affidavits as resolution of all accounting for which County is or may be liable under this Contract

G, Under Section 231,006, Texas Family Code, Contractor certifies to County that the owner(s) of at least a 25% interest in the organization is not delinquent in any child support obligation that renders him/her ineligible to receive payment under the terms of this Contract Contractor hereby acknowledges that this Contract may be terminated and payment may be withheld if this Certification is inaccurate,

H, Contractor certifies that neither it nor any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency,

L Contractor assures that it shall not receive personal benefits or gains in performance of the services outlined in this Contract Furthermore, Contractor agrees to disciose prior to

. commencement of a particular assignment any material/financial interests that it or a third party may have in the services required under this Contract

J, Best Efforts to Minimize Costs to County, Contractor shall use its best efforts to complete each assigned task in as economical a manner as possible and to minimize any charges incurred in connection therewith to the maximum extent possible, consistent with Contractor's other obligations under this Contract

K, Failure to comply with any of these assurances or any other requirements specified within this Contract will put Contractor in default and/or breach of this Contract and may result, at the sole discretion of County, in the disallowance of funds and the withholding of future awards, in addition to any other remedies permitted by law,

L, Governmental Consent Contractor warrants that no consent, approval, or withholding of objection is required from any governmental authority with respect to the entering into or the performance of this Contract

M, Corporate Good Standing, Contractor represents and warrants that it: (1) is a corporation duly incorporated, validly existing and in good standing; (2) has all requisite corporate power and authority to execute, deliver and perform its obligations hereunder; (3) is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which a license, authorization or qualification is required for the ownership or leasing of its assets or


the transaction of business of the character transacted by it except when the failure to be so licensed, authorized or qualified would not have a material adverse effect on Contractor's ability to fulfill its obligations hereunder.

N. Illicit Code. Contractor warrants that (a) unless authorized in writing by County, or (b) necessary to perform valid duties under this Contract, any programs developed by Contractor personnel under this Contract or provided to County by Contractor for use by Contractor or County shall, when delivered and installed by Contractor: (i) contain no hidden files; (ii) not replicate, transmit, or activate itself without control of a person operating computing equipment on which it resides; (iii) not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides; (iv) contain no key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which restricts or may restrict use or access to any programs or data. Provided and to the extent any program has any of the foregoing attributes, and notwithstanding any other provision of this Contract to the contrary, Contractor must remove any such Illicit Code from the Licensed Software immediately upon request of County. With respect to any disabling code that may be part of the software, Contractor shall not invoke such disabling code at any time for any reason. If, at any time, the licensor of any third party software shall invoke or threaten to invoke any disabling code in any third party software licensed to Contractor which could adversely affect the services provided under this Contract, Contractor shall use its reasonable efforts to preciude such action on the part of such licensor.

27. CONTRACTOR'S WARRANTIES

A. No Actions, Suits, or Proceedings. Contractor warrants that there are no actions, suits, or proceedings, pending or threatened, that will have a material adverse effect on Contractor's ability to fulfill its obligations under this Contract. Contractor further warrants that it will notify County immediately if Contractor becomes aware of any action, suit, or proceeding, pending or threatened, which will have a material adverse effect of Contractor's ability to fulfill the obligations under this Contract.

B. Warranty of Contractor's Capability. Contractor warrants that it is financially capable of fulfilling all requirements of this Contract and that Contractor is a validly organized entity that has the authority to enter into this Contract. Contractor warrants that it is not prohibited by any loan, contract, financing arrangement, trade covenant, or similar restriction from entering into this Contract.

C. Professional Quality. Contractor warrants to County that all materials and services will be of professional quality conforming to generally accepted practices, and that all services provided under this Contract will be performed in a manner consistent with that degree of care, qualification and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If there are no applicable or recognized professional standards in the applicable area or areas of expertise required to perform such services, then Contractor will perform all services in a good and professional manner that meets County's goals and objectives as stated herein as well as otherwise adds value to and/or improves the performance of County's expectations, objectives and purposes as stated in this Contract. Any work that is determined by County to be less than professional quality will be corrected without charge. This warranty extends for ninety (90) business days past termination or expiration of this Contract. This warranty is limited to rework of the unsatisfactory product without change to the original specifications and without regard to the amount of the effort expended on the original work product.

28. TRANSITION SERVICES REQUIRED OF CONTRACTOR


Upon notice of termination and/or expiration of this Contract, the County shall immediately have the right to audit any and ali records of Contractor relating to this Contract. Moreover, upon termination and/or expiration date of this Contract, Contractor agrees to transition the services provided herein in a cooperative manner and provide anything requested from the County at no additional cost, including, but not limited to the following, upon date of termination and/or expiration: (i) All Contract and services documentation identified in a complete, neat and orderly manner; and (ii) Good faith pledge to cooperate with County upon transition of services to another contractor or County department providing the same or similar services; and (iii) Final accounting of all income from the Contract; and (iv) Downloading and removal of all County information from the Contractor's equipment and software; and (v) Removal of Contractor services without affecting the integrity of County's systems; and (vi) All Records and County property. This provision shall survive Contract termination. Contractor agrees to allow County to continue to utilize ali Contractor's software/thirdparty software until such time as County has completed processing all services begun within Term of Contract, or any extension thereto.

29. TAX

Dallas County, as a county of the State of Texas, is exempted from the payment ofTexas state and local sales, excise, and use taxes pursuant to Tex. Loc. Gov't Code § 151.309, and shall therefore not be liable or responsible to the Contractor for the payment of such taxes under this Contract.

The fees paid to Contractor pursuant to this Contract are inclusive of any applicable sales, use, personal property or other taxes attributable to periods on or after the applicable effective date of this Contract and based upon or measured by Contractor's cost in acquiring or providing products and/or services and related materials and supplies furnished or used by Contractor in performing its obligations hereunder, including all personal property and use taxes, if any, due on equipment or software owned by Contractor.

Contractor accepts full and exclusive liability for the payment of any and ali contributions or taxes for Social Security, Workers' Compensation Insurance, Unemployment Insurance, or Retirement Benefits, Pensions, or annuities now or hereafter imposed under any state or federal laws which are measured by the wages, salaries, or other remuneration pay to persons employed by Contractor for work performed under the terms of this Contract and agrees to indemnify and save harmless the County from any such contribution or taxes or liability.

30. SIGNATORY WARRANTY

The undersigned signatories for the parties hereby represent and warrant that they are officers of their respective organizations for which they have executed this Contract and that they have full and complete authorities to enter into this Contract on behalf of their respective organizations and that the executions thereof are the acts of the parties involved and have been delivered and constitute legal, valid and binding obligations of the respective parties.

\ COUNTY: CONTRACTOR:

\~ B-BYf:~~~~~~~---- BY: Ryan Grant

President Austin Ribbon & Computer (ARC)

PERSONAL SVCS CONTRACT WI AUSTIN RIBBON & COMPUTER FOR SVCS OF BRENT FRERCK-2D11 19

DATE: __ ~J~a~n~ua~r~y~1=1~,~2~O~1~1 ______ ___

*Approved as to Form:

B,)::;/' ordon Hikev/ Chief, Civil Division Assistant District Attomey

.,

DATE: ______________________ __

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


'V 11 ORDER NO: "" U . ~


STATE OF TEXAS §

COUNTY OF DALLAS §

COURT ORDER

BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held

on the _____ l_l_t_h ______ day of ____ J_a_n..:..uccary"-'--_________ , 20 11,

on a motion made by John Wiley Price, Commissioner of District No.3, and

seconded by Maurine Dickey, Commissioner of District No.1, the following

Court Order was adopted:

WHEREAS, Commissioners Court approved the transfer of responsibility for the ongoing maintenance and operations of the Juvenile Information System (JIS) to the Texas Conference of Urban Counties (Urban Counties) TechShare Program in November 2005; and

WHEREAS, througb the collaborative efforts of Dallas, Collin, EI Paso, Kaufman and Rockwall Counties, the costs to Dallas County for annual JIS maintenance and operations have steadily decreased; and

WHEREAS, under the management and oversight of the Urban Counties, a transition to a new vendor for ongoing maintenance and operational support was completed with minimal disruption in service to the County and local agencies that depend on JIS; and

WHEREAS, Commissioners Court recognizes the need to continue the collaborative effort to sustain lIS through the Urban Counties' TechShare program; and

WHEREAS, Funding is available from the Major Technology Fund, Unallocated Reserves;

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED by the Dallas County Commissioners Court that:

a) The request from the Texas Conference of Urban Counties to continue lIS maintenance and operations through the TechShare Program at a cost of $270,340 for Fiscal Year 2011 is approved and the County Judge is authorized to execute Amendment No.4 to the lIS Resource Sharing Addendum to the TechShare Interlocal Agreement on behalf of Dallas County;

b) The funding to support these actions is available from the Major Technology Fund, Unallocated Reserves.

DONE IN OPEN COURT this the 11th day of January ,2011.

r


A/gf~ri~j' Dr. Elba Garcia, District #4

Recommended by: l'y~ l )Lk ' RO¢ney Ch~tian, Office of Information Technology

Recom mended by:-c----,-,---,--------, ____ c--____ -----

Randy Wadley, Juvenile Services Department

AMENDMENT NO.4 ("Amendment 4") TO TECHSHARE RESOURCE SHARING ADDENDUM

JUVENILE INFORMATION SYSTEM (JIS)

The Parties hereby amend the TECHSHARE RESOURCE SHARING ADDENDUM ("Addendum") for the Juvenile Information System ("JIS") in Dallas, Texas ("Dallas County").

1) Attachment A of the Addendum is amended by replacing the projected budget for Fiscal Year 2010 and accompanying Allocation of Shared Costs among Participating Counties for Fiscal Year 2010 with the attached "Financial Plan - Fiscal Year 2011 Allocation of Shared Costs among Participating Counties."

2) The term of the Addendum is extended to September 30, 2011.

3) All provisions of the Addendum and any written amendment thereto, not inconsistent herewith, shall be in full force and effect.

Executed this 11th day of January 20 11 ---------------------, '--------

Approved as to Form:

~ ... -. -"\ . l iLQ l

'±-~~~~~+4~~~------

Dallas County

/

Title: ()l~i~! ('''Ii L ,'S,~ c: 'lrc'p ~ ()

URBAN COUNTIES

By: Donald Lee Executive Director

Attachment A - Financial Plan - Fiscal Year 2011 Allocation of Shared Costs among Participating Counties:

Billing and Payment:

Dallas County will be billed for its allocation of shared costs for the maintenance and operation of JIS for Fiscal Year 2011 upon execution of the Amendment to the Addendum.

,) 1111 ·l t'f!1 ~.J -A. _

ORDER NO: _____ _

STATE OF TEXAS §

COUNTY OF DALLAS §

1 COURT ORDER

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas held on

the 11th day of January 2011 on a motion made by Jolm Wiley Price, Corrnnissioner of District No, 3 ,and seconded by

..cM:c.a::;.ur=i:.:n:.:e'--'CDc;;i-,-c....;k",eYL,,--C,-o_lllffil_·_s_s_io_n_e_r_o_f_D_i_s_tr_l_' c_t_N_o_,_I _______ , the following Order was adopted.

WHEREAS, the State Property Tax Code, Sec. 31.11, states that a refund for an overpayment or erroneous payment for an amount exceeding $5,000 is to be approved by the Commissioners Court of Dallas County; and

WHEREAS, the Tax Assessor/Collector has attached a list for which request for refunds exceeding $5,000 have been received and has determined that these tax payments were erroneous or excessive; and

WHEREAS, the Dallas County Auditor's Office has agreed that the tax payments on the attached list are erroneous or excessive and should be refunded to the taxpayers; and

WHEREAS, the Dallas County Tax Assessor / Collector has complied with the requirements of the State Property Tax Code, Sec. 31.11. It is the desire of the Commissioners Court to approve the attached list of erroneous or excessive tax payments for refund.

NOW THEREFORE BE IT ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners

Court that the list of tax payments attached for the perio January 18th, 20 II

DONE IN OPEN COURT, this the --7t--7':P=*--,'-'1~.

MIKE CANTRELL, COMMISSIONER DISTRICT #2

Recommended by:

f--"~"""'''''------' 2011

Dr. Et

N WILEY PRICE,

/! ,? /

John R. Ames, CTA - Tax AssessorlCollector

For the period ending: JANUARY 11,2011

ACCOUNT NUMBER

16027960015130000

000827000904AOOOO

180075600A0590000

00000734826730000

18005340040280000

32215500000010000

00C63070000E00100

00000671125000000

/'"

DALLAS COUNTY TAX ASSESSOR/COLLECTOR

REFUNDS FOR ERRONEOUS OR EXCESSIVE TAX PAYMENTS

FOR AMOUNTS OVER $5000.00

TAXPAYER REQUESTING REFUND IAMOUNT OF REFUND

BAC TAX SERVICES CORPORATION $ 7,737.82

DALLAS SURGICAL PARTNERS LLP $5,348.44

CARDONA MARIO OR RITSUKO $7,302.14

WACHOVIA MORTGAGE $8,105.26

FIRST AMERICAN TITLE CO. $6,390.80

LAWYERS TITLE COMPANY $21,035.72

CHICAGO TITLE INSURANCE CO $5,887.11

HEXTER FAIR TITLE COMPANY $6,11594

/', TOTAL $ 67,923.23

CHECK#

420739

420751

420822

420932

420937

420942

421434

421731

~'

---"I'-Y,.:--",·"0;""I',"'" .'-,,-1''-'" !L..t-"I,;."".,--/-r'/'-..c~=-"'i' (~·~·",A''-/--r-:",,;/-,-----., for the Dallas County Tax Assessor/Collector's Office

.~'~~~~ ,~'~ -LL~~ ___ ~,-;:-+ ___ '-'-"~-, __ ",,,::= ___________ , for the Dallas County Auditor's Office

2 ORDER NO: .

COURT ORDER


STATE OF TEXAS

COUNTY OF DALLAS


11th dayof January , 2011, on amotion made by Jolm Wiley Price, Comm. District 113 and

seconded by Maurine Dickey, Comm. District III , the following Court Order was adopted:

WHEREAS, on January 4, 2011, the Dallas County Commissioners Court was briefed regarding the City of Richardson's request to contract with the Dallas County Tax Office to provide property tax assessing and collecting services; and

WHEREAS, the City of Richardson feels it is in the best interest of their taxpayers to enter into an agreement with the Dallas County Tax Assessor/Collector to receive a consolidated billing and collection service at a lower cost than can be provided by them; and

WHEREAS, the Dallas County Tax Assessor/Collector with this initiative anticipates that the Dallas County Tax Office will gain commissions in the amount of$36,868 begim1ing in fiscal year 201112012 based on the current per parcel charge of$1.35; and

WHEREAS, this recommendation is consistent with Dallas County Strategic Plan Vision 1 - Dallas County ensures the maintenance and delivery of programs and services for Dallas County stakeholders.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the Dallas County Tax Assessor/Collector to enter into a contract with the City of Richardson to provide property tax assessing and collecting services and authorizes the County Judge to sign related documents required for the execution of the contract.

DONE IN OPEN COURT this the 11 th ~-I--+/---+--'-__________ ,2011.

Mike Cantrell, District #2 /

Jj;. /7tif c/4-Dr. Elba Garcia, District #4

Recommended By: --"J,~.JL_-------'-':-=='-=--J hn R. Ames, Tax Assessor/Collector

THE STATE OF TEXAS §

COUNTY OF DALLAS §

PROPERTY TAX ASSESSMENT AND COLLECTION SERVICES AGREEMENT BETWEEN DALLAS COUNTY, TEXAS AND CITY OF RICHARDSON, TEXAS

On this day, Dallas County, Texas ("County") and the City of Richardson ("Taxing Unit") enter into the following Interlocal Cooperation Act Agreement ("Agreement"):

I. PURPOSE

Whereas, the parties desire to eliminate duplication of the costs of assessment and collection of taxes and associated administrative functions to increase governmental efficiency; and

Whereas, the Taxing Unit wishes to secure the services ofthe County to assess, bill and collect ad valorem property taxes for the Taxing Unit and to perfOlID related governmental and administrative functions and services; and

Whereas, the parties enter into this Agreement pursuant to the authority granted by Sections 6.23, 6.24,6.29, and 6.30 of the Texas Property Tax Code, and Section 791.001 et. seq. of the Texas Government Code.

Now Thel'efore, in consideration ofthe premises and ofthe terms, provisions, and mutual promises herein contained, it is mutually agreed as follows:

II. TERM AND TERMINATION

This Agreement shall continue in full force and effect from year to year until such time as either party hereto, by written notice to the other, may tenninate the same; such termination to be effective only if such written notice is provided to the other party on or before April I ofthe year in which the party intends for the Agreement to ternlinate. Such tel111ination shall be effective September 30 following sllch notice.

III. DESCRIPTION OF SERVICES

A. The Taxing Unit hereby authorizes and designates the Dallas County Tax Assessor/Collector as the Tax Assessor and Collector for the Taxing Unit for the properties located within Dallas County portion of the Taxing Unit.

B. The Taxing Unit hereby specifically authorizes and designates Dallas County, Texas, its employees and officers to perform any and all acts authorized by law which the County deems necessary and in the best interest of the Taxing Unit in order to accomplish the services hereby agreed to be perfonned by the County.

PROPERTY TAX ASSESSMENT & COl.LECTION SVCS BETWEEN DALLAS COUNTY & CITY OF RICHARDSON -- 201 () (45618)

C. The County through the Dallas County Tax Assessor/Collector, hereby agrees to provide the following ad valorem tax related services:

1. Upon request of the Taxing Unit to calculate effective, rollback and sales tax rates within ten (l0) business days of receiving all certified appraisal rolls fi'om all applicable appraisal district(s) in accordance with the Texas Property Tax Code;

2. Establish the tax roll based on property values and exemptions certified by the applicable Appraisal District(s), and based on the tax rate and exemptions authorized by the Taxing Unit for the properties located within the Dallas County portion ofthe Taxing Unit;

3. Prepare and mail all statutorily required current and delinquent tax statements, deed and supplement changes for all Taxing Unit tax accounts, as well as prepare and mail any other mailings as deemed necessary and appropriate by the Dallas County Tax Office for properties within the Dallas County portion of the Taxing Unit;

4. Maintain, update and con'ect accounts as provided by applicable appraisal district(s);

5. Receive and deposit payment oftax monies on behalf of the Taxing Unit;

6. Disburse tax monies to the Taxing Unit daily based on plior day tax po stings (and disburse the Taxing Unit's pro rata share of interest earned during any month on the inveshnent of collected balances by the 15th business day after month end);

7. Approve and refund overpayment or erroneous payment of taxes for the Taxing Unit's governing body, pursuant to Texas PropeJiy Tax Code Sections 31.11 and 31.12, from available CUlTent tax collections of the Taxing Unit for making refunds for propeliies within the Dallas County portion of the Taxing Unit;

8. Approve and/or reject requests for waiver of penalty and interest for a delinquent tax owed to the Taxing Unit in accordance with Texas Propeliy Tax Code for properties within the Dallas County pOliion of the Taxing Unit;

9. Prepare and issue Tax Celiificates in accordance with Texas Propeliy Tax Code Section 31.08 for propeliies within the Dallas County portion ofthe Taxing Unit;

10. Prepare and submit reports as required, pursuant to Texas Property Tax Code Section 31.10, to the Taxing Unit accounting for all taxes collected or delinquent. The County further agrees to prepare and/or provide information and repOlis to State agencies, auditors and other interested parties that have been designated by the Taxing Unit or required by law regarding the assessment, collection, and disbursement of ad valorem taxes;

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & CITY OF RICHARDSON - 2010 2 (45618)

II. The Taxing Unit and County currently retain the same law finn to represent the County and the Taxing Unit for the collection of delinquent taxes and the handling of bankruptcy and litigation and therefore the County will not retain a law finn to represent the Taxing Unit for the collection of delinquent taxes and the handling of bankruptcy and litigation. Should the taxing unit not retain a law finn, the county's law finn will act on behalfofthe taxing unit and shall bepaid in accordance with the county's contract until the taxing unit retains a law firm. The Taxing Unit may utilize a firm different than the one selected by the County and agrees to pay the County any and all additional costs the County may incur by administering additional tax collection law fin11S. Such additional costs shall be detennined by the County and added to the rate charged per tax account as stated in this Agreement. To the extent pem1itted by law, the County in connection with any suit to recover the Taxing Unit's taxes has the right to sue in the County's own name for the use and benefit of the Taxing Unit or in the name of the Taxing Unit;

12. County will maintain off-site backup of all records.

D. Services requested by Taxing Unit, other than those listed, may result in additional costs to be paid by the Taxing Unit to County. Prior to performing such additional services, a written amendment to this Agreement setting forth the services and charges must be executed.

E. The County will appear, if necessary, before the applicable district court of Dallas County, to detennine whether a taxpayer has complied with the prepayment of taxes requirement prior to appealing an order fiom the Appraisal Review Board pursuant to the Texas Property Tax Code.

IV. EXCLUSIONS

A. The following duties and responsibilities, without limitation, of the Taxing Unit are excluded fiom this Agreement:

I. Any financial or other obligations of the Taxing Unit to the applicable Appraisal District(s);

2. Adoption of the tax rate by the Taxing Unit and related publications;

3. Any other obligation imposed by law or other authority upon the Taxing Unit not specifically stated in this Agreement.

V. LIMITATION OF LIABILITY

County and Taxing Unit agree and acknowledge that the County's liability to the Taxing Unit for any claims or damages relating to the subject matter of this Agreement shall not exceed the cost of mailing the Taxing Unit's tax statements, which includes the cost of statements, processing and mailing. The County and Taxing Unit agree and acknowledge that County will

PROPERTY TAX ASSESSMENT & COl HeTlON SVCS BETWEEN DALLAS COUNTY & CITY OF RICHARDSON - 20 I 0 3 (45618)

not be liable for any other direct, special, incidental, or consequential damages and that the aforesaid costs of mailing constitute liquidated damages under this Agreement. Notwithstanding anything contained herein, the County's limitation of liability shall not extend to any claim the Taxing Unit may have hereunder with respect to a loss of public funds due to the negligence or misconduct of the County Assessor/Collector, or any other loss sustained by the Taxing unit, and which are recoverable under the County or County Assessor/Collector snrety bonds.

VI. COOPERATION

A. The Taxing Unit agrees to transfer to the possession and control of the COID1ty, without charge, copies of all records, in the fonnat and/or medium in which they currently exist, that are necessary for the perfonnance of the duties and responsibilities of the County pursuant to this Agreement. Taxing Unit agrees to inform County of tax rates, exemptions, governing body orders, and any other decision of the Taxing Unit that will impact ad valorem tax collection policy and/or procedures as soon as adopted, and no later than the last Friday of September of each year.

B. Taxing Unit agrees to provide the County all accounts involved in the establishment of a new Public Improvement District ("PID") or any additions or deletions of an existing PID. PID rates must be adopted per $100 of valuation as detennined and certifIed by the applicable appraisal district(s). Each party agrees to grant the other party free and open access, at reasonable times and without charge, to whatever infonnation is needed for the mutual perfonnance of the tenns of this Agreement.

C. At the request of County, the Taxing Unit shall promptly assist with any open records request for infonnation relating to this Agreement.

VII. NOTICE

Any notice or certification required or pern1itted to he delivered under this Agreement shall he deemed to have heen given when personally delivered, or if mailed, seventy-two (72) hours after deposit ofthe same in the United States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the contact person shown at the respective addresses set forth below, or at such other addresses as shall be specified by written notice delivered in accordance herewith:

TO COUNTY: Dallas County Judge Administration Building 411 Elm Street, 2nd Floor Dallas, Texas 75202

TO TAXING UNIT: City Manager City of Richardson 411 W Arapaho Rd. Richardson, Texas 75080

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & CITY OF RICHARDSON 2010 4 (45618)

With copies to: With copy to: Dallas County Tax Assessor/Collector Records Building - I't Floor

Peter G. Smith Nichols, Jackson, Dillard Hager & Smith LLP 1800 Lincoln Plaza

500 Elm St. Dallas, Texas 75202

500 North Akard Dallas, Texas 75201

VIII. PAYMENT

A. The Taxing Unit hereby agrees to pay, and the County hereby agrees to accept for the services it renders pursuant to this Agreement the following:

I. The sum of$I.35 per tax account billed in Dallas County and in the Taxing Unit that is appraised and/or certified by the Dallas Central Appraisal District ("DCAD").

2. The sum of $2.20 per tax account billed outside of Dallas County and in the Taxing Unit that is appraised and/or celiified by DCAD.

3. The sum of$2.95 per tax account billed outside of Dallas County and in the Taxing Unit that is not appraised and/or certified by DCAD.

4. The sum of$2.75 per tax account billed for PIDs or Special Districts that are in the Taxing Unit and appraised and/or certified by DCAD.

5. The sum of$2.95 per tax account billed outside of Dallas County for PIDs or Special Districts in the Taxing Unit that are not appraised and/or celiified by DCAD.

B. Accounts added and billed on behalf of the Taxing Unit on supplemental tax rolls shall be payable in accordance with section VlII(A) of this Agreement when billed by the County.

C. The one time cost of cOl1veliing the Taxing Unit's records will be calculated by County staff and shall be paid to County by Taxing Unit in one payment within ninety (90) days of the conversion completion.

D. To pay for the cost of assessing and collecting taxes for the Taxing Unit, the County shall deduct ii-mn current collections of the Taxing Unit by January 31 st annually the cost per tax account set forth above. This shall include, but not be limited to, all accounts added through supplements to the tax collection system li-mn the celiified Tax Roll received from the applicable appraisal district(s) since celiification. The Costs incurred and billed shall be paid by Taxing Unit no later than the 31 st day of Janumy each year. Payment not received by January 31 51 shall be subject to any late payment penalty allowed under Texas law. Any errors which overstate the costs billed shall not incur a late penalty.

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & CITY OF RICHARDSON -2010 5 (45618)

E. In the event that during the perfonnance of this Agreement the collection fees paid to the County are less than the aggregate collection costs incurred by the County, the County, acting through its auditor, shall reevaluate the per parcel collection fee and provide written notice of same and any proposed change in the fee structure prior to March 1 st of any given year.

F. rffor any reason the Taxing Unit is unable to provide the County with any necessary tax rate account or related infonnation prior to the last Friday of September of each year, the Taxing Unit agrees to assume the entire cost for any additional delayed statements, processing and mailing as detemlined by Dallas County. It is understood, however, that the Taxing Unit will be charged only a pro-rated amount if another Taxing Unit is included on such billing.

G. If the Taxing Unit requires the County to obtain an additional surety bond for the Tax Assessor/Collector, the Taxing Unit agrees to pay the premium for snch bond.

H. In the event that the Taxing Unit's tax rate is rolled back or otherwise changed after the County begins collections for the Taxing Unit in any given year, the County will continue to act for the Taxing Unit in providing refunds to taxpayers or sending corrected billings only if the Taxing Unit, by written agreement, assumes the actual cost. This cost shall be the actual cost of providing those extra services required by the rollback or change in the tax rate and such cost shall be paid in the same manner as herein stated above established. The Taxing Unit will be charged only a pro-rated amount if another taxing unit is included on such refunds or billings.

1. The County will also provide, at cost of service, any special requests fi'om Taxing Unit or requirements, such as locally mandated changes tbat apply only to a city or school, or special district; response to natural disasters; requests for special computer reports.

J. The County agrees, except for the Dallas County School District, not to provide tax assessment and collection services to other cities and school districts on temlS that are more favorable than the ten11S of this Agreement unless the County gives plior wlitten notice ofthe tenns of such tax assessment and collection agreement to the Taxing Unit and grant the Taxing Unit the right and option to amend the terms of this Agreement to equal the more favorable terms of such other agreement.

K. Each pm'ty paying for the performance of governmental functions or services must make those payments fi'om current revenues available to the paying party.

IX. GENERAL PROVISIONS

A. Terminology used in the Agreement shall be detIned as interpreted by the Texas Propel1y Tax Code.

B. Compliance with Laws and Venue/Jurisdiction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Exclusive venue for any legal actions between the pmiies arising fi'om this Agreement shall be in Dallas County, Texas. The

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & CITY OF RICHARDSON - 20JO 6 (456J8)

County Tax Assessor/Collector, in the pertonnance of his or her duties under this Agreement, shaIl comply with all applicable laws, statutes, or regulations relating to the perfonnance of this Agreement and any state agency with oversight of the Tax Assessing/Collecting Profession.

C. Severability. In case anyone or more ofthe provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision will be deemed stricken and deleted, but all other provisions shall continue and be given effect as if the illegal, invalid or unenforceable provision had never been incorporated.

D. Entire Contract. This Agreement, including any and all incorporated Exhibits and attachments, constitutes the entire Agreement between the parties and supersedes any other agreement between the parties concerning the subject matter of this transaction, whether oral or written.

E. In performing the services hereunder, the parties a~'fee that the local law of the County shall apply to the procurement process of ancillary services and goods.

F. Amendments. No modification, amendment, novation, renewal or other alteration of this Agreement shall be effective unless mutually agreed upon in writing and executed by the parties hereto. Any alteration, addition or deletion to the tern1S of this Agreement which are required by changes in federal or State law are automatically incorporated herein without written amendment to this Agreement and shall be effective on the date designated by said law.

G. Default! Cumulative Rights/ Mitigation. It is not a waiver of default ifthe non-defaulting party fails to declare a default or delays in taking any action. Waiver of any tern1, covenant, condition or violation of this Agreement shall not be deemed or construed a waiver unless made in authorized written instrument, nor shall such waiver be deemed or construed a waiver of any other violation or breach of any of the tenns, provisions, and covenants herein contained. The rights and remedies provided by this Agreement are cumulative, and either party's use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Pursuit of any remedy provided in this A~'feement shall not preclude pursuit of any other remedies herein provided or any other remedies provided by law or equity, including injunctive relief, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any obligation afthe defaulting party hereunder or of any damages accruing by reason of the violation of any of the tern1s, provisions, and covenants herein contained.

H. Counterparts, Number/ Gender and Headings. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Words of any gender nsed in this Agreement shall be held and construed to inc1nde any other gender, and words in the singular shall include the plural and

PROPERTY TAX ASSESSMENT & COLLECTION svcs I3ETWEEN DALLAS COUNTY & CITY OF RICHARDSON· 2010 7 (45618)

vice versa, unless the context clearly requires otherwise. Headings are for the convenience of reference only and shall not be considered in any interpretation of this Agreement.

1. Relationship of Parties. County and Taxing Unit agree that the tenns and conditions ofthis Agreement do not constitute the creation of a separate legal entity or the creation of legal responsibilities of either pmty other than under the tenns of this Agreement. County and Taxing Unit are and shall be acting as independent contractors under this Agreement; accordingly, nothing contained in this Agreement shall be construed as establishing a master/servant, employer/employee, partnership,joint venture, or joint enterprise relationship between County m1d Taxing Unit. Taxing Unit and County are responsible for their own acts, forbearance, negligence and deeds, and for those of their respective agents or employees in conjunction with the perfonnance of work covered under this Agreement. Taxing Unit represents that it has, or will secure at its own expense, all personnel and consultants required in performing the Services herein. Such personnel and consultants shall not be employees of or have any contractual relationship with the County.

J. Sovereign Immunitv. This Agreement is expressly made suhject to County's and Taxing Unit's sovereign immunities, Title 5 of the Texas Civil Remedies Code and all applicable State and federal law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immnnities from suit or from liability that the parties have by operation of law. Nothing in this Agreement is intended to benefit any third-party beneficiary.

K. Audits. The County agrees upon reasonable notice, to allow the Taxing Unit to conduct an audit of the tax records at a mutually convenient time. The expense of such an audit shall be paid for by the Taxing Unit. A copy of the audit results shall be fumished to the County.

X. SIGNATORY WARRANTY

Each party represents that it has the full right, power and authority to enter and perform this Agreement in accordance with all of the tel111S and conditions, and that the execution and delivery of Agreement has been made by authorized representatives of each pmty to validly and legally bind the respective party to all terms, performances and provisions set forth in this Agreement.

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & CITY OF RICHARDSON· 2010 8 (45618)

EXECUTED this --,1_1 _ day of "1 fA v'\

COUNTY OF DALLAS

By: J:im:::E:Uste.r c.. "'-'/ ~ Dallas County Jud

Recommended:

John R. Ames, CTA Dallas County Tax Assessor/Collector

* pproved as to Form:

2(£&£7 Chief: Civil Division

/ Assistant District Attomey

201~.

CITY OF RICHARDSON

By:

Approved as to Form:

Gi.7.ru ,M kir:tk, By: Peter G. Smith, City Attomey

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely l1"om the legal perspective of our client. Our approval oft'his document was offered solely br the benefit of our client. Other parties should not rely on this approval, and should seck review and approval by their own respective attorney(s).

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & CITY OF RICHARDSON - 2010 (45618)

9

')o~ 1 08h ORDER NO" "" ." ~


STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

COURT ORDER

-0--- 1 1" \

. - / \) - 0

BE IT REMEMBERED, at a regular meeting of Commissioners' Court of Dallas County, Texas held on

the 11th day of ________ J_a_Dua_ry-=--________ 2011, on motion made by

_J_o_lm_W_l_·l_e~y_P_r_i_ce~,_Co_mm_i_ss_i_o_De_r_o_f_D_i_s_tr_l_·c_t_N_o_"_3 ___________ , and seconded by

_Ma_ur_iD_e_D_ic_k_e-,-Y-,-, _C_o_mm_l_' s_S_io_D_e_r_o_f_D_is_t_r_ic_t_N_o_" _1 ______ , the following Order was adopted:

WHEREAS, the donation from TXU Energy was discussed in Commissioners Court on January 11, 2011;and

WHEREAS, Dallas County Health and Human Services is requesting approval to accept a donation from TXU Energy in the amount of $228,867.97; and

WHEREAS, the donation from TXU Energy is consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community, and

WHEREAS, the donated funds will provide utility payment assistance to those financially distressed TXU Energy customers in Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve acceptance of the donation in the amount of $228,867 .97, from TXU Energy, for the provision of utility payment assistance to those financially distressed TXU Energy customers in Dallas County

DONE IN OPEN COU

/1 l1th

Maurine Dickey Commissioner, District

~.

Mike Cantrell Commissioner, Dji"trict No.2

,/ -./// //

2f{a: /?/z;t--<

rict No.3 Dr. Elba Garcia Commissioner, District No.4

Recommended by: ----1'; /£.9.. S~ za;;Ka ry""=T;=;h""0"'J;J7p;z:.s-"'0..!:n:::::, :;:;rlr=ec-"';t"'o:':::r, '7H-;-e-a7.lt-;-h-a-n--;d-;-H-'-u-m-a-n-;::S-erv-:-ic-e-s

Err! Corporale Serllices Company, As Agenl CHASE BrINK TEXft.S DALLAS, TEXAS

-_"""_'_'·C~"'_O> ___ ·_"'~_·"·~"""''--'· __ '"'"_" __ '''~ __ ',,",'<_'' ___ -p~-----:-"-"..,.~-.,""" "·~-""~""--';''7.'::---'''C';:':~:''~~'''''"''''''''-:-::;;-y7:''::::-~""~~:''~;:;-'--;:-;~,'~f.":,'_";~---::'?:;-::::----:""7"-:-;-;:-"o-"",,~:::-,"~~~:-~:::::'~~~~--:--

.... ) E~AC~Ly'TwnCuN~~EDTWENTY~EI GHT . THOhsAND .E IGHT . HUNDRED \::::~ 5::::540045, .

.. '~ "AND '97/*****',,**** ** *" .. **""*~ **,,*h."****i** "'E:..··~***~,*¥ili:...,,* V

TO THf£080ER OF

DALLAS COUNTY HEALTH & HUMAN SERVICES 2377 STEMMONS FREEWAY SUITE 200 LB-16

12/21/:1>1) VOID AfTER gO-DAYS

OHECKI>,MOYNT , .

~****228i867,97

DALLAS TX 75207-2710 EFHComoraieSarvlcesCompany.AsAgeni

1002455880 .. '. . . .. ..... .' c;:J.r" ..... ~jL~ .. q~".""'.'" THEOOl(lINALIJOCUMENrll"'VAWHITE IlEFiiliCl1IJEWA_lCaN,lNE'llACK,.. HOLD AT AN AlIfGLElOSfETHSf;Wl!\;;:::;::Z;ThlE'fiNOOflSEIilENrS.

II' ~ 0 0 2 5 L, ~OL, 511' I:" ~ • :l 0 0 B B 0 I: II- 0 b elO 0 0 • b 7 b b II' • VEFtI"" X"S.1illtHE"rlCITVDE 'l'IlIS'MtlLTI'TONE'SEC!lFltl'Y'nO!>llMEItt,: ',III,:C~.C!iiJ>JIIlKGROlJN!l,"ll£A:t;fjAMGESlroroFl:GIWlUAl:ty:!,jjOM:rorm:)1ilOT1'OMi ":111

EFH Corporate Services Company, As Agent

2 510 2152010 DECEMBER - TXU ENERGY AID DISBURSEMENT

THE ATTACHED CHECK is IN PAIf("lENT FOFlITEMS DESCFU2ED A80VE: TOTAL~

TUEl 009837950

7

')i\11 ORDER NO. "" t, -~ -'-

COURT ORDER


STATE OF TEXAS §

COUNTY OF DALLAS §

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

held on the _____ l_l_th _____ ,day of ____ Jan_u_a_r"-y ___________ , 2011,

on motion made by Jolm Wiley Price, Connnissioner District 3

and seconded by Maurine Dickey, Commissioner District 1, the following Order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

on January 11,2011, the Department of State Health Services (DSHS) Contract #2011-037637-001 (HIV Surveillance-Perinatal), was briefed in Commissioners Court; and

this contract continues to partially fund one full-time position; and

this contract provides $47,758 for salaries and fringes, $1,591 for travel, $1,240 for supplies, $50 for other, and indirect charges of $3,477; and

a discretionary County match in the amount of $5,202 is required to supplement the salaries and fringe benefits for this contract; and

recommendations included in this briefing are consistent withe the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community_ The HIV Surveillance contract with DSHS is included under the strategy to provide disease prevention, health promotion and human service programs to County residents; and

the term of this attachment is January 1, 2011 through December 31, 2011_

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the Department of State Health Services Contract #2011-037637-001, HIV - SurveillancePerinatal, and authorizes the County Judge to sign the contract and all related documents on behalf of Dallas County.

____ 1_lt_h ____ dayOf~--J-a-n-ua-ry-~~~-~~4v


Recommended bY:--z~...i:~;z-+~:::;t:-~~

DEPARTMENT OF STATE HEALTH SERVICES

This contract, number 2011-037637 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT (Contractor), a Government Entity, (collectively, the Parties),

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

2, Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $54.116.00, and the payment methodes) shall be as specified in the Program Attachments.

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

4. Term of the Contract. This Contract begins on 01/0112011 and ends on 12/3112011, DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later.

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

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

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

2011-037637-001 HIV Surveillance - Perinatal

c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits

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

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

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

Name: DALLAS COUNTY Address: 509 MAIN ST STE 407

DALLAS. TX 75202-5717 Vendor Identification Number: 17560009056005

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

92648-1

By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party.


By: _________ _

Signature of Authorized Official

Date

Bob Burnette, C.P.M., CTPM

Director, Client Services Contracting Unit

1100 WEST 49TH STREET AUSTIN, TEXAS 78756

(512) 458-7470

[email protected]

92648-1

DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

~;;"~~~ January 11, 2011

Date

Zachary Thompson, Director

Printed Name and Title

2377 N;.Stemmons Frwy., Ste. 600 Address

Dallas, TX 75207

City, State, Zip

214/819-2100

Telephone Number

t • or rrespondence .,\ E-mail

BY: ~ (-sbl~g~~~~~~-----a-u~t7h-o-r~i-z-e~d~t-o--si~g-n--)

8'enkins, County Judgl"

CONTRACT NO. 2011-037637 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000370102

CONTRACTOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

DSHS PROGRAM: HIV Surveillance - Perinatal

TERM: 0110112011 THRU: 12/31/2011

SECTION I. STATEMENT OF WORK:

Contractor shall conduct active surveillance and reporting activities for human immunodeficiency virus/acquired immunodeficiency syndrome (HIV / AIDS), as described herein.

Contractor shall comply with all applicable federal and state statutes and regulations, including, but not limited to:

• Chapters 81 and 85 of the Texas Health and Safety Code; and • Relevant portions of Chapter 6A (Public Health Service) of Title 42 (The Public Health and

Welfare) of the United States Code, as amended; • Title 25 TAC Chapter 97, Subchapter F.

Contractor shall also comply with all applicable federal and state standards and guidelines, as revised, including, but not limited to:

• DSHS Standards for Public Health Services, located at http://www.dshs.state.tx.us/gmb/dshsstndrds4clinicservs.pdf;

• Texas HIV Surveillance Procedure Manual, latest revision to be provided to contractor by the effective date of the contract;

• DSHS HIV/AIDS and STD Program Operating Procedures and Standards, located at http://www.dshs.state.tx.us/hi ystd/pops/ default. shtm;

• DSHS Program Policy No. 302.001 "Release ojHIVIAIDS and STD Data" http://www.dshs.state.tx.us/hi ystd/poli cy/policies/30200 1. pdf

• Federal HIV / AIDS Security and Confidentiality guidelines, located at http://www.cdc.goY/hiv/topics/surveillancelresources/guidelines/guidance/purpose.htm;

• DSHS Program Policy NO.301.001 "HIV/STD Confidential Information Security Policy" _ http://www.dshs.state.tx.us/hivstd/policy/policies/30 I 00 I .pdf; and

• DSHS Program Policy No. 303.001 ::HIV/STD Breach of Confidentiality Response Policy" http://www.dshs.state.tx.us/hi vstd/policy/policies/30300 1. pdf

All of the above named documents are incorporated herein by reference and made a part of this Renewal Program Attachment.

PROGRAM ATTACHMENT - Page 1

Contractor shall perform all activities under this contract in accordance with this Renewal Program Attachment and any revisions, and detailed budget, all as approved by DSHS. Contractor must receive advance written approval from DSHS before varying from any of these requirements, and must notify all staff working on activities under this contract within forty-eight (48) hours ofDSHS approval of changes.

Contractor shall be responsible to DSHS for the maintenance and operation of an active surveillance system for HIV / AIDS cases, as detailed herein. For purposes of this contract, the terms "HIV infection" and "AIDS" are as defined by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service, in accordance with the Texas Health and Safety Code §81.101.

Contractor shall perform the following:

I. REPORTING

a. Maintain, and report to DSHS by August 31, 2011, a current list of key reporting sources for all HIV -exposed infants, pediatric cases, and HIV -positive pregnant women (reference Texas HIV Surveillance Procedure Manual) in Contractor's geographic area as specified in SECTION II. PERFORMANCE MEASURES. Contractor must conduct visits with these sources by August 31, 2011 to establish and maintain communication about state and federal reporting requirements, CDC guidelines for testing and treatment, and available public health services from local, state and federal providers.

b. Collect, for DSHS, those reports of pediatric HIV and AIDS cases diagnosed and/or treated, infants born exposed to HIV, and HIV -positive pregnant women diagnosed and/or treated which health care providers (e.g., physicians, HIV service providers, etc.) and laboratories are required to make under TAC Title 25, Part I, Chapter 97, Subchapter F, Rule §97.132. Contractor is responsible for collecting the reports within Contractor's geographic area as specified in SECTION II. PERFORMANCE MEASURES.

c. Ensure that HIV and AIDS pediatric case reports are accurate and complete through the use of DSHS Program's site visit auditing tool. Also, ensure that these reports are submitted to DSHS Program within 45 days of receipt of the initial laboratory or morbidity report (required for all cases).

d. Download and mail electronic and hard copy pediatric and enhanced perinatal case reports and addendums to DSHS Program weekly by Friday close of business unless prior arrangements have been made with DSHS Program in writing.

e. In accordance with TAC Title 25, Part I, Chapter 97, Subchapter F, Rule §97.133(l )(G): complete reports, within 90 days of the child's birth, pertaining to enhanced perinatal HIV surveillance (EPS) using all of the elements found in the


most current version of the DSHS HIV ISTD Epidemiology and Surveillance Branch designated forms and following the CDC EPS Procedural Guidance (both to be provided to the Contractor by CDC prior to the effective date of this contract.)

f. Complete and submit quarterly activity reports demonstrating Contractor's conduct of HIV/AIDS case-finding activities as instructed under SECTION II. PERFORMANCE MEASURES of this Renewal Program Attachment.

g. Complete monthly activity report demonstrating staff activities under this contract. These reports shall be submitted on the 10th calendar day of each month in a format provided by DSHS Program.

h. Supply DSHS with a copy of all new job descriptions and all changes to existing job description for which a portion or all of the salary is paid by this Renewal Program Attachment within thirty (30) days of the job description's effective date.

i. Submit travel support documentation to DSHS when submitting vouchers for reimbursement. Support documentation shall list the employee who traveled, date of travel, purpose of travel, and a breakdown of the costs associated with the travel.

2. REGISTRY MAINTENANCE a. Maintain a case file on all confirmed and suspected cases of pediatric HIV and AIDS,

infants born exposed to HIV, and HIV -positive pregnant women diagnosed and/or treated within Contractor's geographic area, as specified in SECTION II. PERFORMANCE MEASURES of this Renewal Program Attachment.

b. Follow-up pediatric HIV -exposed cases, per the HIVI AIDS Surveillance Manual of Operating Procedures, every six (6) months until the case has met the CDC surveillance definition of presumptively or definitely infected or uninfected, and update enhanced perinatal forms and HARS database in a timely manner (reference HIV I AIDS Surveillance Manual of Operating Procedures, and CDC EPS Procedural Guidance).

c. Review every collected pediatric HIV case, at least once by August 31, 20 11, to identify AIDS-defining conditions and update registry (reference Texas HIV Surveillance Procedure Manual).

d. Abstract medical charts for EPS and pediatric case reports both at the birth hospital and at the mother's and infant's health provider's offices Mail EPS forms to DSHS weekly to the address noted below. .Maintain an electronic list of negative Polymerase Chain Reaction (PCR) tests for infants, to include name oflaboratory and doctor ordering the test, and maintain copies of all reporting laboratory test results for pediatric cases. Assist DSHS staff, as requested, in the development of prevention plans and the implementation of prevention activities to reduce the perinatal transmission of HIV.


Mailing Address: Department of State Health Services HIV /STD Epidemiology and Surveillance Branch, MC 1873 P.O. Box 149347 Austin, TX 78714-9347

3. SYSTEM EVALUATION a. Review and provide appropriate follow-up, as described in this renewal, on all

suspected pediatric HIV/AIDS cases, infants born exposed to HIV, and HIV -positive pregnant women identified by DSHS Program's alternate record review systems (e.g., STD-MIS, TB Registry, etc.) in order to augment case ascertainment (reference Texas HIV Surveillance Procedure Manual) and evaluate the continued effectiveness of local surveillance efforts.

b. Track reporting by local sources (e.g., local health departments, private physicians, etc.) in order to monitor the level of compliance with federal and state legal reporting requirements and level of case ascertainment (reference Texas HIV Surveillance Procedure Manual).

c. Conduct prescribed weekly, monthly, quarterly and annual analyses to monitor trends in the data quality for pediatric cases, utilizing the HIV/AIDS Reporting System (HARS) (reference Texas HIV Surveillance Procedure Manual for details on conducting analyses).

4. EPIDEMIOLOGIC INVESTIGATIONS a. Perform a determination of the need for public health follow-up on all HIV -positive

test results for pregnant women or infants born to HIV -positive women within three (3) business days of the receipt of the test results. If no clear determination can be made within the three business days, the HIV test results should be sent to a Disease Intervention Specialist (DIS) for investigation (as referenced in the Texas HIV Surveillance Procedure Manual).

b. Perform epidemiological follow-up on all pediatric No Reportable Risk (NRR) cases through active surveillance activities within 120 days of notification from DSHS.

c. Assist DSHS Program with other epidemiologic investigations, as requested by DSHS.

5. CONFIDENTIALITY a. Store all case files and computer diskettes containing patient information in a locked file

cabinet when not in use. The locked file cabinet and surveillance computer shall be kept in a locked room with limited, controlled access.


b. Utilize passwords to access computer databases contammg HIV / AIDS case data. Passwords shall be changed every ninety (90) days and known only to authorized surveillance personnel.

c. Limit the number of persons who have access to registry files to those persons directly involved in case reporting and to the Contractor's HIV/STD Program Manager in the geographic area (as defined herein) of the Contractor.

d. Compile and maintain an up-to-date list of those persons who are authorized to access confidential data. The list shall contain only those members of Contractor's staff necessary to conduct the activities required under this Renewal Program Attachment.

e. Require a statement of confidentiality to be signed by all personnel, including IT, having access to HIV/AIDS case files, computer diskettes, and computer systems involving activities performed under this Renewal Program Attachment.

f. Within 3 months of the effective date of this Renewal Program Attachment all personnel, including IT, who have access to HIVI AIDS case files, computer diskettes and computer systems involving activities performed under this contract must have HIV surveillance security training, and must complete that training before they are given access to the confidential information.

g. Contractor may release demographic analyses of local data as public information as long as it complies with the DSHS Program Policy No. 302.001 "Release of HIVIAIDS and STD Data" (http://www.dshs.state.tx.uslhivstd/policy/policies/3020Ol.pdf, or any superseding policy as specified by DSHS), as well as state and federal law . Any release of demographic analyses of local data shall be submitted to DSHS Program in advance for review and approval.

h. When electronically transmlttmg case specific information, any transmiSSIOn by Contractor that does not incorporate the use of an encryption package meeting Advanced Encryption Standards (AES) will not contain identifying information or use terms overtly associated with HIV or AIDS. The terms "HIV" or "AIDS" must not appear anywhere in the context of the communication, including the sender and/or recipient address and label. Contractor will comply with federal Health Insurance Privacy and Portability Act (HIPPA) requirements at 45 CFR Part 164, Subpart C.

Contractor shall designate, from its staff, a Local Responsible Party (LRP) who has the overall responsibility for ensuring the security of the HIV /STD confidential information maintained by Contractor as part of activities under this Renewal Program Attachment.

• The LRP will ensure that appropriate policies/procedures are in place for handling

PROGRAM ATTACHMENT Page 5

confidential infonnation, for the release of confidential HIV ISTD data, and for the rapid response to suspected breaches of protocol and/or confidentiality. These policies and procedures must comply with DSHS policies and procedure (Contractor may choose to adopt those DSHS policies and procedures as its own).

• The LRP must ensure that security policies are reviewed periodically for efficacy, and that the Contractor monitors evolving technology (e.g. new methods hackers are using to illegally access confidential data; new technologies for keeping confidential data protected from hacking) on an on-going basis to ensure that the program's data remain as secure as possible.

• The LRP must approve any Contractor staff requiring access to HIV ISTD confidential infonnation. LRP will grant authorization to Contractor staff who have a work-related need (i.e. work under this contract) to view HIV ISTD confidential infonnation.

• The LRP must maintain a list of authorized Contractor staff persons who have been granted permission to view and work with HIV ISTD confidential information. The LRP will review the anthorized user list 180 days from the effective date of this Renewal Program Attachment to ensure it is current. All Contractor staff with access to confidential information will have a signed copy of a confidentiality agreement on file and it be updated once during the tenn of this Renewal Program Attachment.

• The LRP will ensure that all Contractor staff with access to confidential information will be trained on security policies and procedures before access to confidential information is granted and that this training will be renewed once during the term of this Renewal Program Attachment.

• The LRP will thoroughly and quickly investigate all suspected breaches of confidentiality in consultation with the DSHS LRP, all in compliance with the DSHS Program Policy No. 303.001 "HIV ISTD Breach of Confidentiality Response Policy" http://www.dshs.state.tx.us/hivstd/policy/pdf/303001.pdf.

DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total Renewal Program Attachment amount as shown in the BUDGET SECTION, Contractor's budget may be subject to a decrease for the remainder of the Renewal Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds.

Contractor shall require its staff to attend training, conferences, and meetings as directed by DSHS Program.

Contractor shall document to DSHS that all project staff (i.e. working on activities under this contract) have received annual training on:


• Contractor's employee's standard of conduct; (Contractor shall suhmit these training documents to DSHS within fourteen (14) days of the effective date on the FY09 Renewal Program Attachment); and

• DSHS security and confidentiality training course.

All newly hired staff must receive the above training within thirty (30) days of beginning work on this Renewal Program Attachment.

Contractor must notify the DSHS Program within forty-eight (48) hours of any personnel actions, including the details and outcome of such actions, involving project staff. A written report shall be submitted, to back up the oral report, within seventy-two (72) hours. Such personnel actions include, but are not limited to:

• counseling for misconduct regarding violations of personnel, project, state, andior federal policies, procedures, requirements, and laws;

• terminations (voluntary or involuntary); and/or • employee grievances.

SECTION II. PERFORMANCE MEASURES:

The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Renewal Program Attachment, without waiving the enforceability of any of the other terms of the Contract:

• Contractor shall enter no less than 90% of all new disease reports for pediatric cases received by Contractor as morbidity (non-fatal condition) into the HIV/AIDS Reporting System within 24 hours of the receipt of the disease report. Any remaining reports shall be entered into the system with forty-eight (48) hours of receipt of the disease report.

• Contractor shall ensure transfer of collected perinatal and pediatric HIV / AIDS case infOlmation from their local HARS to DSHS Program weekly by the close of business each Friday, unless prior an'angements have been approved in advance by DSHS Program in writing. Contractor may send a written request to DSHS Program to extend the timetable for transferring data, which must be received in advance of the deadline at issue. Any such agreement shall be in writing and signed by both parties.

• Contractor shall have no less than 90% of the HIV / AIDS case reports for pregnant women and pediatric cases completed with legitimate answers to the three (3) questions: 1) was patient informed of HIV status?; 2) were partner services needed?; and 3) are additional referral services needed? If the percentage of case reports with these three (3) questions completed drops below 80%, this constitutes a breach of contract and Contractor must prepare and submit a plan to DSHS Program within 30 days, addressing how the completion percentage will be improved and must follow DSHS directives in response to that plan. This provision does not constrain any of the legal remedies available to DSHS regarding breach of


contract.

• Within three (3) business days of the receipt of HI V -positive test results for pregnant women and pediatric cases, Contractor shall make a determination of how the need for public health follow-up will be made. The performance standard for this particular requirement is 95% of all HIV-positive test results. If no clear determination can be made within the three (3) business days, the HIV test results must be sent to a Disease Intervention Specialist (DIS) for investigation (as referenced in the HIV/ AIDS Surveillance Manual of Operating Procedures).

• Contractor's geographic area (s) under this contract is: Dallas

• Contractor shall complete and submit quarterly activity reports to the DSHS HIV / AIDS Surveillance Coordinator, demonstrating Contractor's compliance with its obligations under this renewaL These reports shall be submitted to DSHS Program on the 20th calendar day of April 2011, July 2011 and October 2011, January 2012, in a format provided by DSHS Program.

SECTION III. SOLICITATION DOCUMENT:

Exempt - Interagency

SECTION IV. RENEWALS:

DSHS may renew this contract for up to one (1) additional one-year terms at the sole discretion of DSHS.

SECTION V. PAYMENT METHOD:

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

SECTION VI. BILLING INSTRUCTIONS:

Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below.

Claims Processing Unit, Mail Code1940 Texas Department of State Health Services

1100 West 49'h Street PO Box 149347

Austin, TX 78714-9347

The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 458-7442. The email [email protected].


SECTION VII. BUDGET:

Source of Funds: CFDA # 93.994

SECTION VIII. SPECIAL PROVISIONS:

General Provisions ARTICLE VII CONFIDENTIALITY, Section 7.02 Department Access to PHI and Other Confidential Information, is revised to include the following:

DSHS shall have timely access to a client or patient record in the possession of Contractor, or any subcontractor, under authority of the Texas Health and Safety Code, Chapters 81 and 85, and the Medical Practice Act, Texas Occupations Code, Chapter 159. In such cases, DSHS shall keep confidential any information obtained from the client or patient record, as required by the Texas Health and Safety Code, Chapter 81, and Texas Occupations Code, Cbapter 159.

General Provisions ARTICLE VII CONFIDENTIALITY, Section 7.03 Exchange of ClientIdentifying, is hereby revised to include the following:

Neither Contractor, nor any subcontractor, shall transfer a client or patient record through any means, including electronically, to another entity or person, or subcontractor without written consent from the client or patient, or someone authorized to act on his or her behalf; however, DSHS may require Contractor, or any subcontractor, to timely transfer a client or patient record to DSHS if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient.

General Provisions ARTICLE VIn RECORDS RETENTION, Section 8.01 Retention, is revised to include the following:

All records pertaining to this Renewal Program Attachment shaH be retained by Contractor and made timely available to DSHS, the Comptroller General of the United States, the Texas State Auditor, or any of their authorized representatives, and in accordance with DSHS's General Provisions.

General Provisions Article XIII. GENERAL TERMS, Section 13.15 Amendment, is amended to include the following:

Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least 90 days prior to the end of the term of this Renewal Program Attachment.


20.11-0.37637-0.0.1

Categorical Budget:

PERSONNEL

FRINGE BENEFITS

TRAVEL

EQUIPMENT

SUPPLIES

CONTRACTUAL

OTHER

TOTAL DIRECT CHARGES

. INDIRECT CHARGES

TOTAL

DSHS SHARE

CONTRACTOR SHARE

OTHER MATCH

Total reimbursements will not exceed $54,116.0.0.

$34,768.0.0.

$12,990..0.0.

$1,591.0.0.

$0..0.0.

$1,240..0.0.

$0..0.0.

$50..0.0.

$50.,639.0.0.

$.3.,477.0.0.

$54,116.0.0.

$54,116·0.9

$0..0.0.

$0..0.0.

Financial status reports are due: 05/02/2011, 08/01/2011, 10/31/2011,02/29/2012

The budgeted indirect cost amount is based an indirect cost rate agreement approved by a Federal cognizant agency or a state single audit-coordinating agency. A copy of the current approved rate agreement is on file at DSHS.

.. 'J fli it 0 RC; ORDER NO. f.;! U .2 .. ~ u (}

COURT ORDER

DATE:January 11, 2011

STATE OF TEXAS §

COUNTY OF DALLAS §


held on the __ l_l_t_h ________ day of ___ J_a_D_ua_r..::.y _____________ , 2011,

on motion made by Jolm Wiley Price, Commissioner District 3

d d d b Maurine Dickey, Commissioner District 1 th f II . 0 ddt d an secon e y , e 0 oWing r er was a op e :

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

on January 11, 2011, the Department of State Health Services (DSHS) Contract #2011-037667-001, HIV Prevention Plan was briefed in Commissioners Court; and

this contract will fund two (2) new full-time positions to include one (1) new HIV Program Manager, grade I, and one (1) new Epidemiology Program Planner, grade F; and

this contract provides $113,735 for salaries and fringes, $16,110 for travel, $2,304 for equipment to purchase two (2) Dell Optiplex 780 computers, $5,577 for supplies, $8,173 for other, and indirect charges for $33,201; and

no discretionary County match is needed to supplement the salaries and fringe benefits; and

the term of this attachment is January 1, 2011 through September 29, 2011; and

recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The HIV Prevention contract with DSHS is included under the strategy to provide disease prevention, health promotion and human service programs to County residents

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the Department of State Health Services Contract #2011-037667-001, HIV Prevention Plan, and authorizes the County Judge to sign the contract and all related document? on behalf of Dallas County.

, __________ dayof, ____ +-___ J_an_u_a_r~y __ ~~~--~~-y'

Dr. Elba Garda, District #4

Recommended bY:.--TC£!.~!!:;"l-.,L:=~~1:::::V~ __


This contract, number 2011-037667 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and DALLAS COUNTY (Contractor), a Government Entity, (collectively, the Parties).

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

2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $179,100.00, and the payment methodes) shall be as specified in the Program Attachments.

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

4. Term of the Contract. This Contract begins on 0110112011 and ends on 09/29/2011. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later.

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



2011-037667-001 HIV Prevention Plan to address gaps in Dallas area

c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits


92648-1

7. Conflicting Terms. In the event of conflicting tenns among the documents fonning this Contract, the order of control is first the Core Contract, then the Program Attachment( s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any.



DALLAS, TX 75202-5717 Vendor Identification Number: 17560009056005

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

By signing below, the Parties acknowledge that they have read the Contract and agree to its tenns, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party.


By:_--:--:--:---c-::--=-c-:-Signature of Authorized Official

Date




(512) 458-7470

[email protected]

92648-\

DALLAS COUNTY

BY:~4~ Si~re

Januarv 11, 2011 Date

Zachary Thompson, Director Printed Name and Title

2377 N. Stemmons Frwy., Ste. 600

Address

Dallas, TX 75207 City, State, Zip

214/819-2100 Telephone Number

person authorized to sign)

Jenkins, County Judge

CONTRACT NO. 2011-037667-PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000369767

CONTRACTOR: DALLAS COUNTY

DSHS PROGRAM: HN Prevention Plan to address gaps in Dallas area

TERM: THRU: 09/29/2011

SECTION 1. STATEMENT OF WORK:

The purpose of this Program Attachment is to facilitate the development and implementation of the Enhanced Comprehensive HN Prevention Plan (Enhanced Plan) to reduce human immunodeficiency virus (HN) risk and incidence. This project will be conducted in two phases.

Phase One includes the facilitation and development of the the Enhanced Plan. Contractor shall identifY gaps in HN prevention efforts for the Dallas County Metropolitan area, which includes Collin County, Dallas County, Delta County, Denton County, Ellis County, Hunt County, Kaufinan County, and Rockwall County. Contractor shall also include, in the Enhanced Plan, a plan of action to address the gaps identified and a plan to coordinate services at different points along the continuum of HN prevention, care and treatment during this phase. Contractor shall conduct the following activities under this phase:

• Compile existing assessments completed in the service area addressing gaps in the HN prevention efforts. These efforts include HN prevention interventions, strategies among relevant populations, and coordination ofHN Prevention, care, and treatment services.

• IdentifY stakeholders to be included in the development and implementation of the Enhanced Plan.

o Stakeholders must include area community-based organizations, substance abuse\mental health providers, universities, hospitals, HN Plarming Council, and designated DSHS representatives.

o Provide a mechanism to engage with stakeholders throughout the plarming process.

• Schedule and establish an agenda for three stakeholder meetings, within ninety days (90) of Program Attachment effective date. Stakeholder meetings will be scheduled to occur March, May, and July 2011.

• Compile data for stakeholder review at each stakeholder meetings. Data must be quantitative and qualitative data to include in the Enhanced Plan.

o Coordinate and facilitate a list of priorities for each meeting with stakeholders to review relevant data, identifY gaps in current prevention, treatment and care services and compile recommended interventions and strategies to address those gaps and improve the coordination of HN prevention, care and treatment services in the service area.

• Submit a summary of each meeting to DSHS, along with recommendations and

PROGRAM ATTACHMENT - Page I

conclusions. • Develop the Enhanced Plan

o Contractor must factor in stakeholder input to guide the development of the Enhanced Plan.

o Disseminate draft plan to stakeholders, and any others identified by DSHS for input, by the deadline provided herein.

Phase Two: Contractor shall implement the Enhanced Plan, as approved by DSHS, and according to the schedule provided by DSHS. Contractor shall conduct the following activities in Phase Two, Implementation of Enhanced Plan:

• Hire one HIV Prevention Program Manger and one Epidemiologist Planner (job descriptions must be pre-approved by DSHS);

• Coordinate and facilitate additional stakeholders meetings throughout the Program Attachment term, upon DSHS request; and

• Implement the Enhanced Plan to eliminate gaps in HIV prevention efforts.

Contractor shall require their staff to attend training, conferences, and meetings as directed and approved by DSHS Program.

SECTION II. PERFORMANCE MEASURES: The following performance measures will be used, in part, to assess Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the terms of the Program Attachment.

Contractor shall submit to DSHS the following reports, to [email protected] and to hi vstdreport. [email protected]:

• A list of identified key stakeholders by January 30, 2011. Any updates that occur to the stakeholder list must be submitted to DSHS within thirty days of that change;

• a narrative report, in a format provided by DSHS, to summarize the findings of the assessments in HIV prevention efforts by March 31, 2011.

e A summary of each meeting to DSHS, with recommendations and conclusions, thirty days after each scheduled meeting.

Contractor must schedule at least one community forum, to receive stakeholder input on the draft Enhanced Plan, prior to submission of the plan to DSHS.

Contractor must submit the Enhanced Plan to DSHS by April 30, 2011. Contractor shall make any revisions directed by DSHS, according to the schedule provided by DSHS.

Contractor must hire one HIV Prevention Program Manger and one Epidemiologist Planner no later than April 30, 2011.

SECTION ill. SOLICITATION DOCUMENT: Governmental Entity


SECTION IV. RENEWALS: NA

SECTION V. PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List.


Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13), http://www.dshs.state.tx.us/grants/formslb 13form.doc, and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below.

Claims Processing Unit, Mail Code 1940 Department of State Health Services

11 00 West 49th Street PO Box 149347

Austin, Texas 78714-9347


SECTION VII. BUDGET

SOURCE OF FUNDS:

SECTION VIII. SPECIAL PROVISIONS: General Provisions, ARTICLE I COMPLIANCE AND REPORTING, Section 1.07 Statutes and Standards of General Applicability, is amended to include the following:

Contractor, as a subrecipient of federal grant funds, is prohibited from texting while driving a federal government owned vehicle and from texting while using government furnished electronic equipment while driving any vehicle, including any privately owned or governmental owned vehicle. "Texting" means reading from or entering data into any handheld or other electronic device, including SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary due to traffic, a traffic light, stop sign or otherwise. "Driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. "Government furnished electronic equipment" means any electronic equipment that may be used for texting and for which


any payment is made, in part or in whole, under this Program Attachment. The Contractor is responsible for ensuring its employees are aware of this prohibition and adhere to this prohibition

General Provisions ARTICLE XIII. GENERAL TERMS, Section 13.15 Amendment, is amended to include the following:

Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least 90 days prior to the end of the term of this Program Attachment.


2011-037667-001

categorical Budget:

PERSONNEL

FRINGE BENEFITS

TRAVEL

EQUIPMENT

SUPPUES

CONTRACTUAL

OTHER


INDIRECT CHARGES

TOTAL

DSHSSHARE

CONTRACTOR SHARE

OTHER MATCH

Total reimbursements will not exceed $179,100.00

Financial status reports are due: 05/02/2011, 08/01/2011, 11/28/2011

Equipment List Attached.

$83/925.00

$29,810.00

$16/110.00

$2,304.00

$5,577.00

$0.00

$8/173.00

$145,899.00

$33,201.00

$179,100.00

$179,100;00

$0.00

$0.00


Equipment List

Equipment Total: $ 2,304.00

Item # . I EquipmentPescription 1 i Dell Optiplex 780

..

• Units I UnitCost Total ........ '

2 1$1.152.00 $2,304.00

TEXAS DEPARTMENT OF STATE HEALTH SERVICES

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE

AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each snch failure.

January 11, 2011 Date

i Jenkins Print Name of Authorized Individual

2011-037667 Application or Contract Number

DALLAS COUNTY Organization Name

CSCU # EF29-12374 - Revised 08.10.07

COURT ORDER


STATE OF TEXAS §

COUNTY OF DALLAS §


held on the ___ c:1c:1"'-th'!-______ day of __ -"J'.':'a",nu""a,",r~y,--_____________ , 2011,

on motion made by Jolm Wiley Price, Commissioner District 3

and seconded by Maurine Dickey, COrrnnissioner District 1 , the following Order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

on January 11, 2011, the Department of State Health Services (DSHS) Contract #2011-037682-001, HIV Surveillance-Federal Core with Incidence Specimen Processing, was briefed in Commissioners Court; and

this contract will partially fund six (6) full-time employees; and

this contract provides $296,299 for salaries and fringes, $8,705 for travel, $3,966 for supplies, $2,448 for other, and indirect charges of $59,796; and

A discretionary County match in the amount of $43,071 is needed to supplement the salaries and fringe benefits; and

the term of this attachment is January 1,2011 through December 31, 2011; and

recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The HIV Surveillance contract with DSHS is included under the strategy to provide disease prevention, health promotion and human service programs to County residents

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the Department of State Health Services Contract #2011-037682-001, HIV Surveillance-Federal Core with Incidence Specimen Processing, and authorizes the County Judge to sign the contract and all related documents on behalf of Dallas County.

, __ -=.l1:::.t::h=---,--___ day of_-..Jr--=J-.:a::.::nu::.::a:::ry:":""--:A;---,..L-+_, 2011.

~ohn Wiley Price,

rine Dickey, District ike Cantrell, District #2.

tit /"4' .•. ?" ///:/..-d/ //0" . ~/ ~. .' ~. -7:' , .0v'.:§1: .

Dr. Elba Garcia, District #4 -

Recommended bYI~: L:.~::;..,-,,~:::::;t:::=:'S..:::::::-~~~


This contract, number 2011-037682 (Contract), is entered into by and hetween the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT (Contractor), a Government Entity, (collectively, the Parties).

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

2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $371,214.00. and the payment method(s) shall be as specified in the Program Attachments.

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

4. Term of the Contract. This Contract begins on 0110112011 and ends on 12/3112011. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsihle for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later.

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



2011-037682-001 HIV Surveillance - Federal Core with Incidence Speciman Processing

c. General Provisions (Sub-recipient) d. Solicitation Document( s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits


92648- J

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



DALLAS, TX 75202-5717 Vendor Identification Number: 17560009056005

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

By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party.


By: ________ _

Signature of Authorized Official

Date




(512) 458-7470

[email protected]

92648·1

DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

By: 1F4 ~&s-FV S iglliiture I

January II, 2011 Date

Zachary Thompson, Director

Printed Name and Title

2377 N. Stemmons Frwy., Ste. 600

Address

Dallas, TX 75207 City, State, Zip

214/819-2100

Telephone Number

o person authorized to sign)

enkins, County Judge

CONTRACT NO. 2011·037682 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000369960

CONTRACTOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

DSHS PROGRAM ID LONG NAME/DESCRIPTION: HIV Surveillance· Federal Core with Incidence Speciman Processing

TERM: 01101/2011 THRU: 12/3112011

SECTION I. STATEMENT OF WORK:

Contractor shall conduct active surveillance and reporting activities for Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV / AIDS).

Contractor shall comply with all applicable federal and state statutes and regulations, as amended, including, but not limited to:

• Chapters 81 and 85 of the Texas Health and Safety Code; • Relevant portions of Chapter 6A (Public Health Service) of Title 42 (The Public Health and

Welfare) of the United States Code; and • Title 25 Texas Administrative Code (TAC) Chapter 97, Subchapter F.

Contractor shall comply with all applicable state and federal standards, policies and guidelines as revised, including, but not limited to:

• The CDC Guidelines for HIV Incidence Surveillance (Secure website provided to Contractor by CDC);

• The CDC Guidelines for Variant, Atypical, and Resistant HIV Surveillance (Copies distributed and secure website provided by CDC;

• The CDC Guidelines for HIV Incidence Surveillance (Secure website provided to Contractor by CDC);

• DSHS Standards for Public Health Services, located at http://www.dshs.state.tx.us/gm b/ dshsstndrds4clinicservs. pdf;

• Texas HIV Surveillance Procedure Manual, latest revision to be provided to contractor by the effective date of this Renewal Program Attachment,

• DSHS HIV/AIDS and STD Program Operating Procedures and Standards, located at http://www.dshs.state.tx.us/hi vstd/pops/ default. shtm;

• DSHS Program Policy No. 302.001 "Release of HlVIAlDS and SrD Data" http://www.dshs.state.tx.us/hi vstd/policy/policies/30200 1. pdf

• Federal HIV/AIDS Security and Confidentiality guidelines, located at http://www.cdc.gov/hiv/topics/surveillance/resources!guidelines!guidance/purpose.htm;

ATTACHMENT-Page 1

• DSHS Program Policy No.301.001 "HIV/STD confidential Information Security Policy" http://www.dshs.state.tx.us/hivstd/policylpdf/30 I 00 I.pdf: and

• DSHS Program Policy No. 303 .00 I "HIV ISTD Breach of Confidentiality Response Policy" http://www.dshs.state.tx.us/hivstdlpolicy/pdfl30300 I.pdf

All of the above-named documents are incorporated herein by reference and made a part of this Renewal Program Attachment.

Contractor shall perform all activities under this contract in accordance with this Renewal Program Attachment and detailed budget, as approved by DSHS. Contractor must receive advance written approval from DSHS before varying from any of these requirements, and must notify all staff working on activities of any such changes under this Renewal Program Attachment within fortyeight (48) hours of DSHS approval of changes.


Contractor must notify the DSHS Program within forty-eight (48) hours of any personnel actions, including the details and outcome of such actions, involving project staff. A written report shall be submitted, to back up the oral report, within seventy-two (72) hours. Such personnel actions include, but are not limited to:

• counseling for misconduct regarding violations of personnel, project, state, andlor federal policies, procedures, requirements, and laws;

• terminations (voluntary or involuntary); andlor • employee grievances.

Contractor shall be responsible to DSHS for the maintenance and operation of an active surveillance system for HIV I AIDS cases, as detailed herein. For the purpose of this Renewal Program Attachment, "HIV infection" and "AIDS" are as defined by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service, (MMWR.Recommendations and Reports. 1999148(RR13); 29-31) http://www.cdc.gov/mmwr/preview/mmwrhtmllrr4813a2.htm.

Contractor shall perform the following:

1. REPORTING

a. Maintain, and report to DSHS by August 31, 20 II, a current list of key reporting sources (as defined in the Texas HIV Surveillance Procedure Manual) in Contractor's geographic area (i.e. area stated herein). Contractor must conduct visits with these sources by August 31, 20 II to establish and maintain communication about state and federal reporting statutes and regulations (including Incidence Surveillance) and available public health services from local and regional providers.

ATTACHMENT - Page 2

b. Conduct quarterly active case findings by contacting by phone or in person all HIV reporting facilities in the coverage area and collecting information necessary to complete an HIV/AIDS case report form on any newly diagnosed HIV/AIDS cases during the quarter.

c. Complete monthly activity report demonstrating staff activities. These reports shall be submitted on the 10th calendar day of each month in a format provided by DSHS program.

d. Collect reports of HIV and AIDS cases diagnosed and/or treated which health care providers (e.g., physicians, HIV service providers, etc.) are required to make under TAC Title 25, Part 1, Chapter 97, Subchapter F, Rule §97.l32. Contractor is responsible for collecting the reports within Contractor's geographic area as described herein.

e. Ensure that HIV / AIDS case reports are accurate and complete, through the use of DSHS Program's site visit auditing tool, and are submitted to DSHS Program within forty-five (45) days of receipt of the initial laboratory or morbidity report (required for all cases).

f. For each adult case of HIV or AIDS newly entered into the electronic HIV/AIDS Reporting System (eHARS), ascertain (reference Texas HIV Surveillance Procedure Manual) a completed HIV Testing History Form from the reporting provider, or complete an HIV/AIDS Case Report Addendum or other form specified by DSHS Program, to collect HIV Incidence Surveillance data elements as referenced in the CDC Guidelines for HIV Incidence Surveillance and any future revisions. (Secure website provided to Contractor by CDC.)

g. In accordance with the Texas HIV Surveillance Procedure Manual, conduct Incidence Surveillance activities in cooperation with the contracted Incidence Surveillance technical assistance provider identified by DSHS Program.

h. In accordance with TAC Title 25, Part 1, Chapter 97, Subchapter F, Rule §97.133(1)(G), Contractor must complete reports within forty-five (45) days of the child's birth pertaining to enhanced perinatal HIV surveillance, using all of the elements found in the most current version of the form adopted by the DSHS HIV /STD Epidemiology and Surveillance Branch (obtainable from DSHS upon request).

i. Supply DSHS with a copy of each job description for which a portion or all of the salary is paid by this Renewal Program Attachment within thirty (30) days of the contract start date.

j. Submit travel support documentation to DSHS when submitting vouchers for reimbursement. Support documentation shall list the employee who traveled, date of travel, purpose of travel, and a breakdown of the costs associated with the travel.

ATTACHMENT - Page 3

2. REGISTRY MAINTENANCE

a. Maintain a case file on all confinned and suspected cases of HN and AIDS diagnosed and/or treated within Contractor's geographic area, as specified in the perfonnance measures section of this Renewal Program Attachment.

b. Follow-up on perinatal HIV exposed cases (reference Texas HIV Surveillance Procedure Manual) every six (6) months until each case has met the CDC surveillance definition of presumptively or definitely infected or uninfected, and update enhanced perinatal forms and HARS database in a timely manner (reference Texas HIV Surveillance Procedure Manual).

c. By August 31, 2011, review every HIV case reported to Contractor to identify and update registry with AIDS-defining conditions (reference Texas HIV Surveillance Procedure Manual).

3. SYSTEM EVALUATION

a. Review and provide appropriate follow-up as described in this Renewal Program Attachment on all suspected HIV/AIDS cases identified by DSHS Program's alternate record review systems [e.g. Sexually Transmitted Disease Management Infonnation System (SID-MIS) Tuberculosis Registry, etc.] in order to enhance case ascertainment (reference Texas HIV Surveillance Procedure Manual) and evaluate the effectiveness of local surveillance efforts.

b. Track reporting by local sources (e.g. local health departments, private physicians, etc.) in order to monitor the level of compliance with federal and state legal reporting requirements and level of case ascertainment (reference Texas HIV Surveillance Procedure Manual).

c. Conduct prescribed weekly, monthly and quarterly analyses (reference Texas HIV Surveillance Procedure Manual) to monitor trends in the data and evaluate data quality utilizing eHARS.

4. EPIDEMIOLOGIC INVESTIGATIONS

a. Initiate epidemiologic investigations on newly reported No Reported Risk (NRR) cases and cases of public health importance (reference Texas HIV Surveillance Procedure Manual), within three (3) business days of receipt of case report, through contact with appropriate health care provider and a review of patients' medical records.

b. Perfonn a detennination of the need for public health follow-up on all HN positive test results within three (3) business days of receipt of the test results. If no clear

ATTACHMENT - Page 4

determination can be made witbin the three (3) business days, tbe HIV test results should be sent to a Disease Intervention Specialist (mS) for investigation (as referenced in tbe Texas HIV Surveillance Procedure Manual),

c, Perform epidemiological follow-up on all NRR cases through active surveillance activities within 120 days of notification from DSHS.

d. Assist DSHS Program with other epidemiologic investigations as requested by DSHS Program.

Contractor shall desiguate, from its staff, a Local Responsible Party (LRP) who has tbe overall responsibility for ensuring the security of tbe HIV /STD confidential information maintained by Contractor as part of activities under this Renewal Program Attachment.

• The LRP will ensure tbat appropriate policies/procedures are in place for handling confidential information, for tbe release of confidential HIV /STD data, and for tbe rapid response to suspected breaches of protocol and/or confidentiality. These policies and procedures must comply witb DSHS policies and procedure (Contractor may choose to adopt those DSHS policies and procedures as its own).

• The LRP must ensure that security policies are reviewed periodically for efficacy, and tbat the Contractor monitors evolving technology (e.g. new methods hackers are using to illegally access confidential data; new technologies for keeping confidential data protected from hacking) on an on-going basis to ensure that the program's data remain as secure as possible.

• The LRP must approve any Contractor staff requiring access to HIV /STD confidential infonnation. LRP will grant authorization to Contractor staff who have a workrelated need (i.e. work under this contract) to view HIV/STD confidential infonnation.

• The LRP must maintain a list of authorized Contractor staff persons who have been granted permission to view and work with HIV /STD confidential infonnation. The LRP will review tbe autborized user list 180 days from the effective date of this Renewal Program Attachment to ensure it is current. All Contractor staff with access to confidential information will have a signed copy of a confidentiality agreement on file and it be updated once during the term of this Renewal Program Attachment.

• The LRP will ensure that all Contractor staff witb access to confidential information will be trained on security policies and procedures before access to confidential information is granted and tbat this training will be renewed once during the term of this Renewal Program Attachment.

•• The LRP will tboroughly and quickly investigate all suspected breaches of confidentiality in consultation witb tbe DSHS LRP, all in compliance witb tbe DSHS

ATTACHMENT - Page 5

Program Policy No. 303.001 "HIV/STD Breach of Confidentiality Response Policy" at http://www.dshs.state.tx.us/hi vstd/policy/pdf/30300 I. pdf.

5. INCIDENCE SPECIMEN PROCESSING

a. Contractor shall assume responsibility for packaging and shipping of remnant HIV positive specimens for the Dallas County Health Department. Contractor shall follow the shipping guidelines found on the secure website to which the contractor has been given access at http://www2a.cdc.govlhicsb/docs/Specimen Transport Guidance.doc. Contractor will ship the specimens to the New York State Department of Health Wadsworth Center (NYSDOH), or other location designated by DSHS, for incidence testing. Contractor is responsible for shipping the specimens to Stanford University Virology Laboratory, or to other locations designated by DSHS, for HIV drug resistance testing.

b. Contractor shall assume responsibility for packaging and shipping of remnant HIV positive specimens for laboratories located within the Dallas County Metropolitan area, following a schedule to be provided by DSHS.

c. Contractor shall comply with all applicable policies adopted by DSHS and CDC, as revised, including, but not limited to the CDC Guidelines for HN Incidence Surveillance and V ARHS (Secure website provided to Contractor by CDC).

d. The activities required to carry out these projects are detailed in the DSHS grant application, National HIVIAIDS Surveillance ProgramAnnouncement040I7, dated July 31, 2007, as awarded by CDC. A copy of each document has been provided to Contractor and is made a part hereof.

e. Prior to permitting personnel to handle biological specimens, the Contractor is required to ensure that such personnel have successfully complete a training program regarding universal precautions in the handling of body fluids containing blood borne pathogens within the past 12 months (and personnel who handle biological specimens must re-take the course before more than 12 months have lapsed since the last time they took the course). The trammg program is available online at http://www.osha.gov/pls/oshaweb/owadisp.show document?p table-STANDARDS&p id-10051

f. Contractor will have in place a procedure for providing prophylaxis to workers exposed to infectious materials during work activities that incorporates the most recent version of the Updated U.S. Public Health Service Guidelines for the Management of Occupational Exposures to HIV and Recommendations for Post-Exposure Prophylaxis, MMWR. September 30, 2005/ 54(RR09); 1-17

ATTACHMENT - Page 6

g. Contractor shall submit to DSHS Program a certificate that documents the employee's completion of training regarding the safe shipping of biohazardous materials within the past 12 months. This submission must be prior to allowing these personnel to package and ship specimens. The contractor shall require personnel who package and ship specimens to take refresher training before more than 12 months have lapsed since the last time they took the training.

h. Contractor shall maintain the DSHS-approved system for accurately tracking annual refresher training for any and all personnel that pack and ship biological specimens under this Renewal Program Attachment, to demonstrate that such training has been completed.


Employees who have not had training on the above courses within the past 12 months must receive refresher training on the above courses before more than 12 months have lapsed since the last time they took the training. Training documents must be submitted to the HIV/STD Surveillance Coordinator.

Contractor shall require its staff to attend training, conferences, and meetings, as directed and approved by DSHS Program.

DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total Renewal Program Attachment amount as shown in the SECTION VII. BUDGET, Contractor's budget may be subject to a decrease for the remainder of the Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds.

SECTION n. PERFORMANCE MEASURES:

The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this contract Attachment, without waiving the enforceability of any of the other terms of the contract:

Contractor shall participate in activities to establish Variant, Atypical Resistant HIV Surveillance (V ARHS) in public health laboratories operating within Texas. Specifically, on a statewide basis, Contractor shall:

• Assist local public health laboratories, as directed by DSHS and according to the designated schedule, in developing procedures to label, pack and ship HIV -positive specimens to the DSHS-approved lab for genotype testing relating to V ARHS. Contractor's responsibilities include on-site training and/or technical assistance as necessary at these labs and, for some laboratories as determined by DSHS, the Contractor will pick-up specimens, aliquot (take a sample) into new vials, label vials

ATTACHMENT - Page 7

and pack/ship specimens to the DSHS specified lah; and

• Contractor shall provide designated DSHS Program personnel with specimen identification numbers and shipment information for shipped specimens within twenty-four hours of shipment. Contractor shall send the information via an encrypted, password-protected file uploaded onto a secured network, as instructed by DSHS Program.

Contractor shall enter no less than ninety percent (90%) of all new disease reports received by Contractor as morbidity (non-fatal condition) into the HIV/AIDS Reporting System within twenty-four (24) hours of the receipt of the disease report. Any remaining reports shall be entered within forty-eight (48) hours of receipt of disease report. (This measure is only applicable for Austin, Dallas, and San Antonio).

Contractor shall ensure transfer of collected HIV I AIDS case information to DSHS Program weekly by the close of business each Friday. Contractor may send a written request to DSHS Program to extend the timetable for transferring data, which must be received in advance of the deadline at issue. Any such agreement shall be in writing and signed by both parties.

Contractor shall have no less than ninety percent (90%) of the HIV I AIDS case reports completed with legitimate answers to the three (3) questions; 1) was patient informed of HIY status; 2) were partner services needed; and 3) are additional referral services needed. If the percentage of case reports with these three (3) questions completed drops below 80%, Contractor must prepare and submit a plan to DSHS Program wilhin 30 days, addressing how the completion percentage will be improved and must follow DSHS directives in response to lhat plan.

Contractor shall make a determination of how the need for public health follow-up within lhree (3) business days of the receipt of the test results will be made on at least ninety-five percent (95%) of all HIV positive test results. If no clear determination can be made within the lhree (3) business days, the HIV test results must be sent to a Disease Intervention Specialist (DIS) for investigation.

No less than eighty-five percent (85%) of the adult HIV/AIDS case reports are to be submitted with an HIV Testing History Interview Form or an HIV I AIDS Testing History Case Report Addendum, or olher form specified by DSHS Program, to capture HIY Incidence Surveillance data elements. Any remaining reports shall be entered within fortyeight (48) hours of receipt of disease report.

Contractor shall provide HIV/AIDS case reporting activities for cases diagnosed in the following geographic area(s): Dallas

Contractor shall complete and submit quarterly activity reports demonstrating Contractor's conduct of HIV/AIDS case-finding activities. These reports shall be submitted to DSHS

ATTACHMENT-Page 8

Program and to [email protected] on the 20th calendar day of April 2011, July 2011, October 2011, and January 2012 in a format provided by DSHS Program.

SECTION Ill. SOLICITATION DOCUMENT:

Exempt - Governmental

SECTION IV. RENEWALS:

N/A

SECTION V. PAYMENT METHOD:

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


Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for travel reimbursement of the required services/deliverables. Supporting documentation shall indicate name of traveler, date of travel, purpose of travel, and a breakdown of the costs associated with the travel. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below.

Claims Processing Unit, Mail Code 1940 Department of State Health Services

1100 West 49tl\ Street

PO BOX 149347 Austin, Texas 78714-9347


SECTION VII. BUDGET:

SOURCE OF FUNDS: 93.944

ATTACHMENT - Page 9

SECTION VIII. SPECIAL PROVISIONS:

General Provisions, ARTICLE I COMPLIANCE AND REPORTING, Section 1.07 Statutes and Standards of General Applicability, is amended to include the following:

Contractor, as a subrecipient of federal grant funds, is prohibited from texting while driving a federal government owned vehicle and from texting while using government furnished electronic equipment while driving any vehicle, including any privately owned or governmental owned vehicle. "Texting" means reading from or entering data into any handheld or other electronic device, including SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary due to traffic, a traffic light, stop sign or otherwise. "Driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. "Government furnished electronic equipment" means any electronic equipment that may be used for texting and for which any payment is made, in part or in whole, under this renewal program attachment. The Contractor is responsible for ensuring its employees are aware of this prohibition and adhere to this prohibition.

General Provisions ARTICLE VII, Section 7.02 Department Access to PHI and Other Confidential Information, is revised to include the following:

DSHS shall have timely access to a client or patient record in the possession of Contractor, or any subcontractor, under authority of the Texas Health and Safety Code, Chapters 81 and 85, and the Medical Practice Act, Texas Occupations Code, Chapter 159. In such cases, DSHS shall keep confidential any information obtained from the client or patient record, as required by the Texas Health and Safety Code, Chapter 81, and Texas Occupations Code, Chapter 159.

General Provisions ARTICLE VII, Section 7.03 Exchange of Client-Identifying is hereby revised to include the following:

Neither Contractor, nor any subcontractor, shall transfer a client or patient record through any means, including electronically, to another entity or person, or subcontractor without written consent from the client or patient, or someone authorized to act on his or her behalf; however, DSHS may require Contractor, or any subcontractor, to timely transfer a client or patient record to DSHS if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient.

General Provisions, ARTICLE VIII, RECORDS RETENTION is revised to include the following:

ATTACHMENT - Page 10

All records pertaining to this Renewal Program Attachment shall be retained by Contractor and made timely available to DSHS, the Comptroller General of the United States, the Texas State Auditor, or any of their authorized representatives, and in accordance with DSHS's General Provisions.

General Provisions, Article XIII. General Terms, Section 13.15 Amendment, is amended to include the following:

Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least 90 days prior to the end of the term of this Program Attachment.

ATTACHMENT - Page 11

2011-037682-001

Categorical Budget:

PERSONNEL

FRINGE BENEFITS

TRAVEL

EQUIPMENT

SUPPLIES

CONTRACTUAL

OTHER


INDlRECTCHARGES

TOTAL

DSHSSHARE

CONTRACTOR SHARE

OTHER MATCH

Total reimbursements will not exceed $371,214.00

$211,293.00

$85,006.00

$8,705.00

$0.00

$3,966.00

$0.00

$2A48.0Q

$311A18.00

$59,796.00

$371,214.00

$371,214.00

$0.00

$0.00

Financial status reports are due: 05/02/2011, 08/01/2011, 10/31/2011,03/01/2012


TEXAS DEPARTMENT OF STATE HEALTH SERVICES

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE

AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief that

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be bject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.

Print Name of Authorized Individual

2011-037682 Application or Contract Number

DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT Organization Name

January 11, 2011

Date

eseu # EF29-12374 - Revised 08,]0.07

,) n ORDER NO: (.,.'U DATE: Janu-ar-y----,1"'1-,---,,-20"'1'""'1;--

STATE OF TEXAS COUNTY OF DALLAS

COURT ORDER


11th January ____________________________ dayof ___________________________________ ,2011,on

a motion made by Jolm Wiley Price, Commissioner of District No, 3 , and seconded by

_M_a_ur __ l_' n_e __ D_i_c_k_e.::..y-,, __ C_O_mml __ ·_s_s_i_on __ er ___ of __ D_l_· s_t_r_l_' c_t __ N_o_, __ l __________ , the following Court Order was adopted:

WHEREAS, on January 11,2011, the Purchasing Department briefed Commissioners Court concerning the extension of Bid No. 2009-037-4219 Annual Contract for Printing and Mailing of Tax Statements as awarded to National Data Services, Inc. (NOS!); and

WHEREAS, National Data Services, Inc. (NDSI) has agreed to extend the contract for an additional twelve month period; and

WHEREAS, the tenn oflhis contract will be March 24, 2011 through March 23, 2012; and

WHEREAS, this action supports Vision 1, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the final extension of Bid No. 2009-037-4219, Annual Contract for Printing and Mailing of Tax Statements, as awarded to National Data Services, Inc. (NDSI) for the period of March 24, 2011 through March 23, 2012 and authorizes all County documents/payments to reflect accordingly.

DONE I PEN COURT this the 11 th day of ---\C:==:.L---

Mike Cantrell, Di~ict #2

/;~/7 // .d/ I\~U~/ d/;PZ-


Recommen ~ ~,-"J,,,,,,,-,\J.,",,,,,-,v6,,-,==---,---c-__ -,--__ ~Cnda S. Boles, Purchasing Agent/ms

/

.;) II ~I 1 ORDER NO: ,'" J ~- -

COURT ORDER


STATE OF TEXAS §

COUNTY OF DALLAS §


_____ l_l-.:tcch'--______ day of ___ -=-Ja=n:::u=a=ry-'-__________ , 2011,

on a motion made by Jolm Wiley Price, Commissioner of District No.3 , and seconded by

_Ma_ur_i_n_e_D_ic_k_e-,y-,-" _C_o_mm_i_s_s_i_o_n_e_r_o_f_D_i_s_t_r_i_c_t_N_o_. _1 __ , the following Court Order was adopted:

WHEREAS, on January 4, 2011, the Purchasing Department briefed the Commissioners Court regarding the recommendation to render Ace Parking and Ampco System Parking as susceptible finns to proceed to step two ofthe approved process as outlined in RFP No. 2010-079-5188 Request for Proposals for a Five (5) Year Management Services Contract for Dallas County Parking Garages; and

WHEREAS, Step 2 of the RFP process will include Best and Final Offers, contract compliance and interviews if needed; and

WHEREAS, this action supports Strategy 13 of the Strategic Plan by providing a sound, financially responsible and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby render Ace Parking and Ampco System Parking as susceptible firms to proceed to step two of the approved process as outlin in RFP No. 2010-079-5188 Request for Proposals for a Five (5) Year Management , Services Contract for Da as ~ounty Parking. ~

DON I 01'11 N 0 RT t is the llth day of ___ :=F'-'-____ ~_9__-'/


J <§ // J;i h'A P/L--


.', ') 0'111 ORDER NO: "'" ~.

COURT ORDER

-----


STATE OF TEXAS

COUNTY OF DALLAS


_____ -=lc=lc:.th"-_______ day of_---'J"'an=u"'a=rLy _____________ , 2011, on

a motion made by Jolm Wiley Price, Commissioller of District No, 3 , and seconded by

_Ma_ur_l_'ll_e_D_i_c_k_e_y_,_C_O_mIlll_'_s_s_i_o_ll_e_r_o_f_D_l_' s_t_r_l_' c_t_N_o_,_l _____ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court on November 16, 2010, with Court Order No. 2010-1902, awarded Bid No. 2011-002-5248, Annual Contract for Food Service Utensils and Related Supplies to Benjamin Foods, Sam Tell & Son, Inc., Design Specialties, Inc., Bassham Foods, Calico Industries, [nc., Pasco Brokerage, Inc. and Carroll Manufacturing & Sales; and

WHEREAS, Dallas County received notice from Carroll Manufacturing & Sales that they are changing their name to

Flavorseal, LLC effective December 21, 2010; and

WHEREAS, this action supports Vision 1, Strategy l.3 ofthe Strategic Plan by providing a sound, financially responsible governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby recognize the name change from Carroll Manufacturing & Sales to Flavorseal, LLC for Bid No. 2011-002-5248 Annual Contract for Food Service Utensils and Related Supplies and authorizes all County documents/payments to reflect accordingly, effective December 21, 2010.

DONE

ecommend d~b~y~:.:::.~~~~.10~~~;;:;::==-,;-=::-;;;~-Linda S. Boles, Purchasing Agent/ms

COURT ORDER

,) IJ 11 ORDER NO: "'" ..•. 093

------


STATE OF TEXAS § COUNTY OF DALLAS §


11th d f January 2011 _____________ ayo ____ ...:...... ___________ , , on

a motion made by_J_o_l_m_W_i_l_ey_P_r_1_' c_e_,_C_o_IllIJll_' _88_1_' 0_n_e_r_o_f_D_i8_t_r_1_' c_t_N_o_._3 _____ , and seconded by

_Ma_ur_in_e_D_1_' c_k_e.::..y.:..,_Co_mm_1_· 8_8_i_o_n_e_r_o_f_D_1_' 8_t_r_i_c_t_N_o_. _1 _____ , the following Court Order was adopted:

WHEREAS, Collin County is requesting to enter into a Master Interlocal/Cooperative Purchasing Agreement to utilize various Dallas County contracts; and

WHEREAS, the Commissioners Court of Collin County approved the agreement on December 13, 2010; and

WHEREAS, Texas Government Code, Chapter 791.025 permits interlocal agreements between local governments for the purchase of goods and services to satisfy competitive bidding requirements; and

WHEREAS, this agreement supports Vision 1 of Dallas County's Strategic Plan; and

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the approval of the attached Master Interloeal/Cooperative Purchasing Agreement between Dallas County and Co ~ County and authorizes the County Judge to execute the agreement 011 behalf of Dallas County. \

e 11 th day of January

C'bnWil"Y

Mike Cantrell, District #2 .. ' /

~. /' / < "~~/ //

/ y;c'l? ~/'<;.7; ~/; - /' 0'~1 "i/ ~ __ Dr. Elba Garcia, bistrict 4

STATE OF TEXAS

COUNTY OF DALLAS

MASTER INTERLOCAL/COOPERATIVE PURCHASING AGREEMENT BETWEEN DALLAS COUNTY AND GOVERNMENTAL AGENCY

FOR AGENCY'S USE OF DALLAS COUNTY CONTRACTS

WHEREAS, DALLAS COUNTY does enter into competitive bids for acquisition of various goods and services in accordance with Texas Local Government Code Section 262.023 "Competitive Bidding and Competitive Proposal Requirements", as amended; and

WHEREAS, Chapter 791 of the Texas Government Code. as amended, authorizes interlocal agreements between local government agencies to perform govermnental functions and services such as streets, roads and drainage; and Section 791.025 of the Texas Government Code does permit interlocal agreements between local governments for the purchase of goods and services and does satisfY the requirement oflocal governments to seek competitive bids for the purchase of such goods and services through Supplier Contracts; and

WHEREAS, COLLIN COUNTY now requests that DALLAS COUNTY allow them to enter into this Mastel' Agreement to permit COLLIN COUNTY to utilize and/or be incorporated into one or more DALLAS COUNTY Supplier Contracts as previously solicited by DALLAS COUNTY and awarded to Vendors in accordance with State purchasing laws and the Dallas County Code, Chapter 94 "Purchasing and Contract Management Policy".

NOW, THEREFORE, THIS MASTER AGREEMENT is hereby made and entered into by and between DALLAS COUNTY and COLLIN COUNTY upon and for the mutual consideration as stated below:

A. DEFINITIONS.

1. Master Agreement. This document titled the Master InterlocallCooperative Purchasing Agreement between DALLAS COUNTY and COLLIN COUNTY. A separate Master Agreement shall be executed between each and every AGENCY that wishes to utilize DALLAS COUNTY Supplier Agreements.

2. Supplier Agreement. An existing agreement between DALLAS COUNTY and a Vendor for the purchase of goods and services.

3. Vendor. An external business, entity or enterprise that supplies goods and/or services to DALLAS COUNTY that satisfies the requirement of local governments to seek competitive bids for the purchase of goods and services.

4. COLLIN COUNTY. A governmental entity in the State of Texas that desires to do business with DALLAS COUNTY and their Vendor(s).

5. DALLAS COUNTY. A governmental entity in the State of Texas.

B. BOUND BY CONDITIONS. COLLIN COUNTY understands and agrees to be bound by the terms, conditions and expiration date ofthe requested Supplier Agreement, and hereby agrees to fulfill each and every requirement contained therein as if COLLIN COUNTY was the original procuring entity. DALLAS COUNTY reserves the right to terminate the specified Supplier Agreement prior to its expiration without further obligation or penalty pursuant to State law and DALLAS COUNTY policy.

C. INDEPENDENT ADMINISTRATION. For all goods and services purchased by COLLIN COUNTY, COLLIN COUNTY agrees, at its sole cost and expense, to independently administer the requested Supplier Agreement and to pay the Vendor directly for any and all related costs. COLLIN COUNTY agrees to pay for such goods and services from current revenues, in accordance with the terms and conditions of the Supplier Agreement and DALLAS COUNTY bid specifications. Each AGENCY shall be liable to the Vendor only for goods and services requested and received, and shall not, by the execution of this Master Agreement, assume any additional liability.

D. TERM. The term of this Master Agreement shall commence on the date of execution by the last party to sign. The agreement shall remain in effect until written formal termination is made by either party. Either party may, without cause, terminate this Master Agreement with prior written notice of thirty (30) days to all parties, including to the Vendor of any Supplier Agreements being utilized.

E. DISPUTE RESOLUTION. In the event of a dispute or claim between DALLAS COUNTY'S Vendor and COLLIN COUNTY resulting from COLLIN COUNTY'S use of a DALLAS COUNTY Supplier Agreement, COLLIN COUNTY agrees to:

1. Provide written notice to DALLAS COUNTY within two (2) business days of any dispute or claim with a Vendor;

2. Use their good faith efforts and attempt to quickly resolve any and all disputes and claims with Vendor;

3. Pay to DALLAS COUNTY all direct and indirect costs associated with any and all actions required for resolution of any dispute or claim related to this Master Agreement; and

2

4. In the event of any mediation, arbitration, litigation or other actions resulting from COLLIN COUNTY'S use of a DALLAS COUNTY Supplier Agreement, COLLIN COUNTY will, at its sole cost and expense, enter and defend such actions, including the interest of DALLAS COUNTY, and shall pay all costs and expenses, including attorneys fees, court costs, claims, demands or judgments arising in anyway from any actions related to this Master Agreement.

F. INDEPENDENT PARTY. DALLAS COUNTY and COLLIN COUNTY acknowledge that neither party is an agent, employee or joint enterprise of the other, and that each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the utilization and/or cooperative solicitation of any Supplier Agreement obtained in accordance with Texas law and this Master Agreement.

G. PROVISION OF GOODS AND SERVICES. DALLAS COUNTY will not provide any funds, equipment or personnel utilized in the acquisition of goods or services to COLLIN COUNTY under this Master Agreement and/or any Supplier Agreement.

H. NO WARRANTY. DALLAS COUNTY shall neither warrant nor be responsible for the quality or delivery of goods and/or services from a Vendor under any Supplier Agreement. COLLIN COUNTY shall receive warranties provided directly by the Vendor, if any, for the goods and/or services purchased under a Supplier Agreement.

1. VENDOR APPROVAL. COLLIN COUNTY will be able to procure goods and/or services from those Supplier Agreements executed by DALLAS COUNTY where the Vendor has accepted the terms for cooperative purchasing agreements for local governments established by Texas law.

1. MISCELLANEOUS PROVISIONS.

I. Binding Agreement and Authority. This Master Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Master Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this Master Agreement.

2. Amendment. This Master Agreement may not be amended except in a written instrument specifically referring to this Master Agreement and signed by the parties hereto.

3. Applicable Law. This Master Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either COLLIN COUNTY or DALLAS COUNTY shall lie in Dallas County, Texas. Nothing herein is intended to benefit any third party beneficiaries.

4. Immunity. This Master Agreement shall be expressly subject to COLLIN COUNTY'S Governmental Immunity and DALLAS COUNTY'S Sovereign Immunity, Title 5 of the TEXAS CIVIL PRACTICES AND REMEDIES CODE, and all applicable federal and state law.

3

5. Severability. In the event that one (I) or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, this Master Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provisions of this Master Agreement, which shall remain in full force and effect.

6. The COLLIN COUNTY has executed this Master Agreement pursuant to Council Resolution No. passed on the day of _________ , 20H.$t"

7. DALLAS COUNTY has executed this Master Agreement pursuant to Commissioners Court Order No. 2011-093 ,passed on the 11th day of

January , 20 Ij . s\)Oo

EXECUTED this the _-1--+-1_1 t_h ___ day of ____ J_an_u_a_r-;'-y ___ --,---;-_, 2011,. $blo

COLLIl{'cciJN#;l

BY YttIf L I

~COM NDED:

(BY' lJ.6).J Lmda S. Boles Purchasing Agent

Keith Self County Judge

RECOMMENDED:

BY1~~vj Frank Ybarbo Purchasing Agent

APPROVE~~S TO.F?RM>.':'/< iYJ APPROVED AS TO FORM:

BY: ::/ '1!6'.J~ 1i./c.jkD BY t{;~ ~ ~ g' don Hike!..' . Frank Ybarbo . U~ Chief, Civil Section Purchasing Agent

*By law, the District Attorney's Office may only advise or approve contracts Of legal documents on behalfofits clients. It may not advise or approve a contract or legal document on behalf of other parties. Om review of this document was conducted solely from the legal perspective of our client. OUf approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval~ and should seek review and approval by their own respective attorney( s).

4

COURTORDERNO.~20~1~0.~_I~~A)~1~ __ ~.~1~2.~13

THE STATE OF TEXAS

COUNTY OF COLLIN

Subject: Interlocal Cooperative Agreement, Dallas County - Purchasing

On December 13, 2010, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit:

Keith Self Matt Shaheen Jerry Hoagland Joe Jaynes Kathy Ward

County Judge, Presiding Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4

During such session the court considered a request for approval of an Interlocal Cooperative Purchasing Agreement with Dallas County.

Thereupon, a motion was made, seconded and carried with a majority vote of the court for approval of an Interlocal Cooperative Purchasing Agreement with Dallas County to utilize various contracts for goods and services per Texas Local Government Code 262.023 and further authorize the County Judge to finalize and execute same. Same is hereby approved In accordance with the attached documentation.

ATTEST:

T:\1WOfd Dals\CouTt 2010\cOURT ORDERS\12~13·10 Coult\Slgned Court Orders\32S90 .lnlerlocal COOflerslivs PurChaSIng Agreement DaUas County 1213.doc

'Jf'11 09· ,f! ORDER NO. _4,i_d __ ~ ___ ,- . ___ ' _':'1:

COURT ORDER

DATE: ____ ~J~alwlu~a~ryLLII~,~2~0IulL_ __ __

STATE OF TEXAS § COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the-ll'" day of

January, 2011, on motion made by John Wiley Price, Commissioner of District No.3, and

seconded by Maurine Dickey, Corrnnissioner of District No.1, the following

court order was adopted:

WHEREAS, this item was briefed to the Commissioners Court on December 14, 2010; and

WHEREAS, appraisal services from an Independent Fee Appraiser are needed to determine the market value of the office/warehouse building located at 1233 Regal Row, Dallas, Texas (the "Property"); and

WHEREAS, the Texas Constitution states that no person's property will be acquired, taken, damaged or destroyed or applied to a public use without prior payment of adequate compensation, unless by owner's consent. The U,S, Constitution requires that a property owner be paid just compensation for government taking of private property. This Work Order is to establish the market value by an approved appraisal of the property required; and

WHEREAS, a reasonable fee for the appraisal services has been negotiated under the current Indefinite Delivery Indefinite Quantity Contract with Halff Associates, Inc. in the amount not to exceed $6,650.00; and

WHEREAS, the subject request is consistent with Dallas County Strategic Plan, Vision 5: Dallas County is the destination of choice for residents and businesses, Dallas County coordinates programs and services to improve the quality of life in Dallas County through continual/increased effort to improve the attractiveness of County facilities; and

WHEREAS, the Director of Public Works has reviewed the fee and completion schedule submitted by Halff Associates, Inc, and recommends approvaL

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Court of Dallas County, Texas that the County Judge is authorized to execute Work Order No.7 to Halff Associates, Inc, in the amount not to exceed $6,650,00 to prepare the appraisal report of the Property, with funding available from 0196-0-8020-0000-0-70152-0-0,

DONE IN OPEN CO

Attachment

T this the .JJ."'.. day of

~ Recommended ~:~~ ~ erta.. atr, P,E,

Director of Public Works

WORK ORDER NO.7

INDEFINITE DELIVERY INDEFINITE QUANTITY RIGHT OF WAY ACQUISITION SERVICES CONTRACT

COURT ORDER NO. 2011-094 DATED January 11, 2011 0---

CONTRACTOR: HALFF ASSOCIATES, INC.

PROJECT: Property located at 1233 Regal Row, Dallas, Texas

SCOPE: For right of way services to include, but not be limited to: appraisal services and project administration services. A Long Form Appraisal of tne office/warehouse building shall be prepared.

TOTAL BASIC FEE (PART A) (BASED ON ATTACHED SCHEDULE)

TOTAL REIMBURSABLE CHARGES (PART B) (BASED ON ATTACHED SCHEDULE)

WORK ORDER TOTAL (PART A & B)

Current Work Order

$6,650,00

$6,650,00

TIME OF COMPLETION: 45 Davs from Date of Notice to Proceed.

General Provision: Terms and conditions of Contract between County and Halff Associates, Inc, (Contractor) approved by Commissioners Court Order No, 2008-1095 dated June 3, 2008 remain in effect This Work Order incorporates by reference the Request for Qualification and Contractor's Statement of Qualification response dated April 10,2008,

Recommended By:

APPROVED BY:

l

Date: January 11, 2011

Cdmydoc!oulsourcelhalJ Work Order 6 ASC

--

ACCEPTED BY:

Greg Kuhn, , "', Vice President Halff Associa s, Inc,

Date: __ I_,,-'I-eI_O"'I\'o _____ _

Page 1

WORK ORDER NO.7

PROJECT: Property located at 1233 Regal Row, Dallas, Texas

SCHEDULE OF RIGHT-OF-WAY SERVICES PARTA.

ACTIVITY FEE RATE/PARCEL NO. PARCELS TOTAL

ADMINISTRATION $650.00 /PARCEL $650.00

APPRAISAL:

Office/Warehouse Building $6,000.00 /PARCEL $6,000.00

NEGOTIATION: $0.00 /PARCEL nla $0.00

TITLE SERVICES: $0.00 /PARCEL nla $0.00

RELOCATION: $0.00 !PARCEL nla $0.00

CONDEMNATION SUPPORT *:

(See Part B) $0.00 IPARCEL nla $0.00

Sub-Total Part A $6,650.00

* 7 Bound Copies of each Appraisal

PART B. REIMBURSABLE CHARGES:

In addition to the Basic Services Fees, reimbursable charges may bc authorized including:

Additional meetings/presentations where county has requested Contractor's attendance will be compensated at rate of $0.00 Per hour. Chargcable time shall be computed from time Contractor arrives at prescribed meeting location through termination of meeting (minimum one hour) with no additional cost for travel expense. The total cost to County shall not exceed $0.00.

2. Assistance to the County as expert witness in any litigatiou with third parties and condenmation proceedings will be compensated based on an hourly rate for each hour in which Contractor's preparation and presence is required. Chargeablc time shall be computed from time Contractor arrives and departs meeting and/or the actual documented time (Time Sheet) spent to prepare for such litigation, including travel costs. The total cost to the County shall not exceed $0.00 at $0.00 hourly ratc.

3. Special Contract Services when required and approved by County will be compensated at the invoice cost to the Contractor plus ten percent (10%). The cost to the County shall not exceed $0.00.

Sub-Total Part B $0.00

TOTAL WORK ORDER PART A & B $ 6,650.00

CdmydocloutsourcelhalfWork Order 6 ASC Page 2

'))11 09 Cl ORDER NO. _r.J_t_~_. _~ __

COURT ORDER


STATE OF TEXAS

COUNTY OF DALLAS


the __ .::l.::l::.;th"-____ day of _____ --'J::;:a"'n"'u:::ar=.,y'--________ , 2011, on motion made

by John Wiley Price, Commissioner of District No.3, and seconded

Maurine Dickey, Commissioner of District No. 1 by _________________________ , the following order was adopted:

WHEREAS, pursuant to Court Order 2008-1054 dated May 27,2008, an indefinite delivery and quantity contract for engineering services (RFQ 2007-116-3009) in District 1 between Dallas County and STY Incorporated is now in effect; and

WHEREAS, the need exists to perform certain primary engineering services for the Murphy Road MCIP Project 22802 from SH 78 to Blackburn Road; and

WHEREAS, the services to be performed are described in the attached Work Order Number One (I) to this contract; and

WHEREAS, it is estimated that $15,069.00 is sufficient to perform these services under the work order; and

WHEREAS, this project will improve County transportation and other infrastructure which is consistent with Vision 4: Dallas County proactively addresses critical regional issues and Vision 5: Dallas County is the destination of choice for residents and businesses; and

WHEREAS, the Director of Public Works recommends executing Work Order Number One (1) with STY Incorporated,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is authorized and directed to execute the attached Work Order Number One (1) to the existing contract between Dallas County and STY Incorporated, in an amount not to exceed $15,069,00 to be paid from Fund 196, Project 8201.

Recommended For Approval:

ern

Dr. Elba arcia, District #4

STV INCORPORA TED

WORK ORDER NO.1

ROAD AND BRIDGE DISTRICT 1 ENGINEERING SERVICES CONTRACT (INDEFINITE DELIVERY, INDEFINITE QUANTITY)

Work Order Number _~I,--_, Project Number 22802, Date: November 30, 2010

Pursuant to Commissioners Court Order Number 2008-1054, the contract for Engineering Services (Indefinite Delivery, Quantity) dated May 27, 2008, between Dallas County and STY Incorporated, (the Consultant).

I. CONSULTANT agrees to complete the work in compliance with the work order and contract for Engineering Services for the Murphy Road MCIP Project 22802 from SH 78 to Blackburn Road as described in the attached Scope of Services for Record Drawings.

II. Maximum amount of this Work Order shall not exceed $15,069.00 unless amended per contract specifications. Funds are to be expended from:

M CIP Fund 196, Project 8201

III. Dallas County point of contact: John 1.. Mears, P.E., Project Manager, 214.653.6407, Fax: 214.653.6445, email: [email protected].

ACCEPTED BY THE CONSULTANT: STVINCORPORATED

By: #5,'id-r RECOMMENDED BY:

Johnt Mears, P.E. Senior Project Manager

/

f\1ber:t,rl,. Bl·· ,P.E. Mctor iJ blic Works

APPROVED BY'

t ~~~i/~-=:::::-_-'_ Clay

~9JECT MAN HOUR I COST

TASKS

ENGINEERING DESIGN 1. Reoord Drawing

1. Gather Data. Marked lip plans

2. Site visit and compare wllh marked up for exact revisions.

n. Site visit

b. Revise enghieenng plans for record purposes

c. Production and Prlnling

TOTAL

Attachment "B" Fee Calculation

Murphy Road - From Pecan Creek Rd. to East of Blackburn Street Phase I - Preliminary Design Preparation of Plans

$194.20 $161.56 $133.80 $110.76

PRINCIPAL PROJECT MANAGER DESIGN ENGINEER CADOTECH --Hours Cost Hours Cost Hours Cos! Hours Cosl

$0 2 $323 2 $268 2 $222

$0 a $1,292 6 $1,070 . $0

$0 6 $1,292 24 $3,211 46 $5,318

.0 1 $162 $0 6 $886

0 $() 19 $3,070 34 $4,549 " $6,424

---. --------_ ..

O:V'<!m;"h!ntO<llPROJ!;:Cl'S'<)-t!>-<lll('""",h.,Weol''''I=-.IIVER.",tpfly ~~ Meli" f'lor.$(fl-20-2'Jl0 (2)~""

$56.00

SECRETARY Total Hrs.

Hours Cost

$0 6

$0 16

SO 60

$0 9

0 '0 111

TOTAL

I

j

$812

$2,363

$9,820

$1,048

$14,043

~\ ~ r

,

PROJECT MAN HOUR f COST

TASKS

ENGINEERING DESIGN

Record Drawing

Expenses (24X36 Bla(:k Linn Copy one Set)

TOTAL

Tolal STV Fee Propo$al -- -_.

Attachment "B" Fee Calculation

Murphy Road - From Pecan Creek Rd. to East of Blackburn Street Phase I - Preliminary Design Preparation of Plans

$194.20 $161.56 $133.80 $110.15

PRINCIPAL PROJECT MANAGER DESIGN ENG!NEER CADDTECH

HOUTS Cos! Hours Cost Hours Cost Hours Cosl

$14.043

I $1,026

$15,069

$15,069

SSG.CO

SECRETARY

HaUls Cost

--------- - - --- ------------ --------

O:lA<lmi .... l'g~MlPROJECTS\_'l_4S_41\C<)"""<'IIF.~ l'Jep:>ool\\l9'I ~ M,"f'hr R<I ~ 1J\OlI """" 07.2~201(t\Z)_"'>x

TOTAL

Total Hrs.

" v •

ORDER NO. _2_0_1_1 __ 0_9 6 DATE January 11, 2011

STATE OF TEXAS COUNTY OF DALLAS

COURT ORDER

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

held on the 11th day of Jaruary ,2011, on motion made by John Wiley Price, Cornrn. District 113

and seconded by Maurine Dickey, Cornrn. District III the following order was adopted:

WHEREAS, funding for design, right of way, and constmction of the Harry Hines at Oak Lawn Ramp Improvements MCIP Project 30211A which is located within the City of Dallas and Road and Bridge No.3 was approved as a project with Revision # 11 of the County Funding Commitment pursuant to Court Order 2007-2206 dated October 30, 2007; and

WHEREAS, bids were received on March 15,2010, for Bid No. 2010-031-4934 for the subject project with the lowest responsible bidder being PAEE Corporation, in an amount not to exceed $867,011.35, with the County participation in the project to be on a 50/50 basis with the City of Dallas, from MCIP Fund 196, Project 8201; and

WHEREAS, the City of Dallas has executed the attached Project Supplemental Agreement agreeing to the 50/50 participation for said project for which total project costs are expected to be $1,400,000 of which the City and County portion will be $700,000 each; and

WHEREAS, in seeking to provide regional mobility and improved air quality by partnering with Dallas County cities to develop these important infrastmcture improvements, Dallas County is remaining consistent with the County's overall Strategic Plan; and in particular is directly fulfilling the following vision statements: Vision i-Dallas County is a model interagency Partner, Vision 4- Dallas County proactively addresses critical regional issues, Vision 5-Dallas County is the destination of choice for residents and businesses; and

WHEREAS, the Director of Public Works recommends that the attached Project Supplemental Agreement with the City of Dallas for tlle constmction of Harry Hines at Oaklawn Ramp Improvements Project 30211A be executed approving 50/50 cost sharing up to an amount not to exceed $700,000.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized and directed to execute the attached Project Supplemental Agreement with the City of Dallas, for the Harry Hines at Oak Lawn M P Project 30211A in an amount of $1,400,000.00, with the County participation in the project in an amount not to exceed $ 0 ,000.00 to be paid from MCIP Fund 196, Project 8201 and the balance of the contract to be reimbursed hy the City.

D~INOP NC U __ l_l_th __ day of ___ --+-". ____ ~,...,

. Blair, P.E., Director of Public Works

STATE OF TEXAS §

COUNTY OF DALLAS §

DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM PROJECT SUPPLEMENTAL AGREEMENT

TO THE MASTER AGREEMENT GOVERNING MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

WHEREAS, the City of Dallas, Texas, hereinafter called "CITY", and the County of Dallas, Texas, hereinafter called "COUNTY", desire to enter into a PROJECT SUPPLEMENTAL AGREEMENT, hereinafter called "PSA", in order to contract for the implementation of the Major Capital Improvement Project authorized by Court Order 2007- 2206 dated October 30, 2007 which approved specified projects including Harry Hines @ Oak Lawn- Ramps Improvements MCIP Project 30211A, hereinafter called "PROJECT".

WHEREAS, the COUNTY is designated as the LEAD AGENCY for the project and will provide the Project Manager; and

WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE and TEXAS TRANSPORTATION CODE ARTICLE 251 provides authorization for local governments to contract with each other for the performance of governmental functions and services, and joint funding of road or street projects.

NOW THEREFORE THIS PSA is made by and entered into by the CITY, and the COUNTY, for the mutual consideration stated herein.

WITNESSETH

ARTICLE I PROJECT SUPPLEMENTAL AGREEMENT

This PSA is to specifically identify the PROJECT, changes in the rights and responsibilities of each of the parties as set forth in the MASTER AGREEMENT and additions thereto as incorporated herein. This PSA will be an addition to the MASTER AGREEMENT and incorporate each of its terms and conditions. All terms of the MASTER AGREEMENT remain in full force and effect except as modified herein. In the event of any conflict between the MASTER AGREEMENT and this PSA, this PSA shall control.

ARTICLE II

INCORPORATED DOCUMENTS

This PSA incorporates, as if fully reproduced herein word for word and number for number, the following items:

1. MASTER AGREEMENT authorized by County Commissioners Court Order 2001- 814 dated April 24, 2001;

PSA -City of Dallas (Harry Hines @ Oak Lawn)

2. Project Scoping Sheets, as shown in ATTACHMENT "A", 3. Current Cost Estimates and Funding Sources, as shown in ATTACHMENT "B". 4. Proposed Project Schedule, as shown in ATTACHMENT "C".

ARTICLE III

TERM OF AGREEMENT

This PSA becomes effective when signed by thc last party who's sIgning makes the respective agreement fully executed (The "Effective Date") and shall terminate upon the completion and acceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions in the MASTER AGREEMENT, Article IV. Section 1, Termination.

ARTICLE IV

PROJECT DESCRIPTION

This PSA is entered into by the parties for public transportation improvements to "PROJECT", in the City of Dallas, Texas. The PROJECT is the improvement of The North Bound and South Bound Ramps improvements From Oak Lawn To Harry Hines Blvd, as more specifically described in Attachment "A", Project Scoping Sheets. This project will facilitate the movement of puhlic transportation to benefit both the CITY and COUNTY. The CITY has and hereby does give its approval for expenditure of COUNTY funds for the construction, improvement, maintenance, or repair of a street located within the municipality.

Article V

FISCAL FUNDING

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of COUNTY funding for each item and obligation contained herein. CITY shall have no right of action against the County of Dallas as regards this PSA, specifically including any funding by COUNTY of the Project in the event that the COUNTY is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the COUNTY, at its sole discretion, may provide nmds from a separate source or terminate this PSA. In fhe event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of CITY funding for each item and obligation contained herein. COUNTY shall have no right of action against the CITY as regards this PSA, specifically including any funding by CITY of the PROJECT in the event that the CITY is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the CITY, as its sole discretion, may provide funds from a separate source or terminate this PSA. In the

PSA -City of Dallas (Harry Hines @ Oak Lawn) 2

event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

ARTICLE VI

AGREEMENTS COUNTY AND CITY DO COVENANT AND AGREE AS FOLLOWS

1. COUNTY will be the LEAD AGENCY for the PROJECT.

2. CITY and COUNTY mutually agree that the PROJECT limits are Harry Hines @ Oak LawnMCIP Project 30211A, North Bound and South Bound Ramps Improvements from Oak Lawn to Harry Hines Blvd., as stated in the ATTACHMENT A Project Scoping Sheets.

3. The agreed upon STANDARD BASIC PROJECT DESIGN for the project is as defined in the Project Scoping Sheets, Attachment "A". Such design shall be the STANDARD BASIC PROJECT DESIGN for the PROJECT and specifieally does not include ROAD or STREET AMENITY or UTILITY BETTERJvlENT as defined in the MASTER AGREEMENT.

ARTICLE VII

CITY COVENANTS AND AGREES AS FOLLOWS

1. To execute the necessary agreements for the implementation of design and construction of the PROJECT mutually agreed upon and incorporated herein by this PSA.

2. This PSA is CITY approval of the preferred al ignment, proposed estimated budget and funding as shown in the CURRENT COST ESTIMATES AND FUNDING SOURCES, ATTACHMENT "B", and commitment to meet PROJECT funding for each milestone.

3. If the CITY requests COUNTY to add relocation or adjustment of CITY UTILITIES or UTILITY BETTERMENTS, as defined in the MASTER AGREEMENT, CITY covenants and agrees that it will pay 1 00% of the costs of thcse additions.

4. The CITY agrees that COUNTY may include any such item as an optional item to the construction bidding. CITY further agrees to review the bids submitted, the bid specifications, quantities, bid amount and any other item the CITY shall choose to review and furnish a written acceptance or rcjection of the bid within ten (10) days. In thc event the bid is accepted, CITY agrees to encumber an amount adequate for the total estimated project costs as indicated in ATTACHMENT "B". :"10 optional PAVING and DRAINAGE AMENITIES, relocation or adjustment of CITY UTILITIES or UTILITY BETTERMENT construction or bid will be accepted witbout full payment of the amount hy CITY. In the event the PAVING and DRAINAGE AMENITIES or UTILITY BETTERMENTS bid is rejected, it will not be included in the construction contract.

ARTICLE VIII

COUNTY COVENANTS AGREES AS FOLLOWS:

County shall be the LEAD AGENCY for this PROJECT. COUNTY will provide project management of the Project from commencement of planning to completion of construction.


ARTICLE IX

FUNDING

1. COUNTY AND CITY mutually agree to proportionately fund the DIRECT PROJECT and PROGRAM costs as follows.

2. The total estimated project cost is One Million Four Hundred Thousand Dollars and no cents ($1,400,000.00) as more fully detailed in Attachment "B" of which CITY is responsible for 50% of all items for an amount not to exceed Seven Hundred Thousand Dollars and no cents ($700,000.00). If the total project costs should exceed this amount, the CITY agrees to amend the project's scope to remain within the current estimated not to exceed amount or be responsible for all additional project costs.

3. The CITY will be responsible for the current estimated project delivery costs for the PROJECT as indicated in ATTACHMENT "B". CITY agrees to encumber an amount adequatc for total estimated project costs as determined prior to the commencement of each PROJECT milestone within 30 days of notification.

4. The COUNTY will be responsible for (50%) of all other items associated with this project which is estimated to be One Million .Four Hundred Thousand Dollars and no cents ($1,400,000.00) less County's portion of $700,000, to be reduced by all COUNTY in-house delivery costs of the total project cost or approximately Two Hnndred Sixty Thousand Dollars and no cents ($260,000) at bid opening. Project costs may include all COUNTY project delivery costs including but not limited to preliminary scoping and research, preliminary design services, special services, primary design services, inspection, laboratory services and construction.

5. CITY agrees to encumber an amount adequate for total estimated project costs as determined prior to the commencement of each PROJECT milestone as determined by COUNTY within 30 days of notification by COUNTY. The CITY will pay PROJECT costs as invoiced by the COUNTY in accordance with the Texas Prompt Payment Act.

ARTICLE X

MISCELLANEOUS:

A. No Third Party Beneficiaries, The terms and provisions of this PSA are for the benefit of the parties hereto and not for the benefit of any third party. It is the express intention of CITY and COUNTY that any entity other than CITY or COUNTY receiving services or benefits under this PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the contractnal right and responsibilities of the parties hereto.

B. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity of COUNTY and Governmental Immunity of CITY, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable Federal and State Law. This PSA shall be govcrned by and construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue for any legal action regarding this PSA filed by either CITY or COUNTY shall be in Dallas County, Texas.

C. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be required to be in writing and shall be deemed given when personally delivered, or two (2) business days after being deposited in the United States Mail,


postage prepaid, certified, returned receipt requested, or registered addressed as follows:

To County: County of Dallas Mr. Donald Holzwarth, P.E. Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas County, Texas 75202-3389

To City: City of Dallas Mr. Ricardo Galceran, P .E. Public Works/Transportation Director 320 East Jefferson Avenue Dallas, Texas 75203

Either party may change its address for notice by giving the other party notice thereof.

D. Assignment. This PSA may not be assigned or transferred by either party without the prior written consent of the other party.

E. Binding Agreement; Parties Bound. This PSA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns.

F. Amendment. This PSA may not be amended except in a written instrument specifically referring to this PSA and signed by the parties hereto.

G. Number aud Gender. Words of any gender used in this PSA shall be held and construed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise.

H. Effective Date. This PSA shall commence on the Effectivc Date. The Effective Date of this PSA shall be the date it is executed by the last of the parties. Reference to the date of execution shall mean the Effective Date.

r. Counterparts. This PSA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

J. Severability. If one or more of the provisions in this PSA shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if such provision had never been contained herein, and shall not affect the remaining provisions of this PSA, which shall remain in full force and effect.

K. Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes all oral or written previous and contemporary agreements between the parties and relating to matters in the PSA.

PSA -City of Dallas (Harry Hines (ill Oak Lawn) 5

The City of~D",-"al!ll",as,,-___ , State of Texas, has executed the Agreement pursuant to duly

authorized City Council Resolution ___ , Minutes ___ .Dated the __ day of ___ , 201_.

The County of Dallas, State of Texas, has executed this agreement pursuant to

Commissioners Court Order Number 2Ol1-c96and passed on the 11th day of Jaruary

CITY OF DALLAS

MARYK. SUHM City Manager

APPROVED AS TO FORM: TOM P. PERKINS, JR. City Attorney

COUNTY OF DALLAS

APPROVED AS TO FORM*:

,201l

By ~ By Assistant City Attorne)Submitted to City Attorney 'Go;;;l;;J·d:;;on;;FR~,~)j~' ~~Wer,c;Jrtt~~~::k:'

Dallas COL y

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

PSA -City of Dallas (Harry Hines @OakLawn) 6

ATTACHMENTS

ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing

Transportation Major Capital Improvement Projects

PROJECT SCOPING SHEETS

Project Name: Harry Hines At Oak Lawn AvenueRamps Improvements MCIP Project: 30211A

SPECIFIC R.O.W. ALIGNMENT DESCRIPTION

City Council approves ofthe Financing, Construction or Improvement on The North Bound and South Bound Ramps Improvements from Oak Lawn Avenue To Harry Hines Blvd. , with a variable width of 90 ft or as otherwise necessary and convenient for construction of the project, as more fully described in the CitylNCTCOG Thoroughfare! Transportation Plan and consent to acquire by condemnation, right of way or easement which Dallas County Commissioners Court determines is necessary or convenient to the project.

LEAD AGENCY: LEAD AGENCY'S PROJECT MANAGER:

Dallas County Public Works Ali Malckouti

CONTACT Il'<,FORMATION: PROJECT LIMITS: PROJECT LENGTH:

(214) 653- 6413 Oak Lawn Avenue to Harry Hines Blvd. O. miles

PAVEMENT AND ALIGNMENT TOPICS

PAVEMENT SECTION

PAVING DESIGN CRITERIA City of Dallas Standards

ROW WIDTH:

Existing: See attachment

Proposed: See attachment

PAVEMENT WIDTH:

Existing: See attachment

Proposed: 24' & 20' Ramps

No. oflanes proposed: 4 lanes divided on & off ramps

pg 1 of 10





PAVEMENT CROSSFALL:

PROPOSED Varies

MINIMUM 2%, Maintain existing crossfall

MAXIMUM 4%, Maintain existing crossfall

MEDIANS

MEDIAN WIDTH 4 ft (concrete median)

ANY MID BLOCK OPENINGS TO CONSIDER? [g] YES 0 NO

ANY SIDE STREETS TOO CLOSE FOR OPENING? 0 YES [g] NO

STANDARD TURN LANE WIDTH 10 ft

STANDARD NOSE WIDTH 4 ft

PARKWAY:

Proposed Width vanes

Proposed Sidewalk Width 5' to 6'

Parkway cross fall slope maximum Y." per foot

GRADE REQUIREMENTS:

Is TC 6" below adjacent ground criteria to be followed? [g] YES 0 NO

Any deep cuts, high fills? 0 YES ~ NO

pg2oflO





VERTICAL GRADE:

MINIMUM 0.5%, As per approved design

MAXIMUM 3%, As per approved design

CENTERLINE ALIGNMENT POSITION: N/A to the rams

IN CENTER OF EXISTING ROW? I2;J YES 0 NO For Harry Hines Blvd.

OFFSET FROM CENTER? 0 YES 0 NO If yes, what distance?

ON BRAND NEW ALIGNMENT? DYES I2;J NO

LEFT TURN LANES: I2;J YES 0 NO

If yes, are left turn lanes designated or continuous? I2;J DESIGNATED 0 CONT]};1JOUS

MINIMUM LENGTH: 250 ft

MINIMUM STORAGE: 200 ft

WIDTH: 10 ft

ANY DUAL LEFT TURN LANES?

ANY FREE RIGHT TURN LANES?

DYES [g] NO

I2;J YES 0 NO

CRASH CUSHIONS/ATTENTUATORS INVOLVED? I2;J YES 0 NO

RAILROAD CROSSINGSINVOL VED? DYES I2;J NO

NOTE: IF CURRENT CROSSING IS NOT USED, IS ABANDONMENT AN OPTION? DYES 0 NO I2;J N/A

PAVEMENT STRUCTURE

DESIGN WHEEL LOAD 18 kip (WB-50 Trucks)

pg30flO





BUS AND HEAVY TRUCK TRAFFIC? I2<'J YES 0 NO

ROADWAY CLASSIFICATION Principal Arterial

MINIMUM PAVEMENT STRUCTURE THICKNESS: 11"

MINIMUM PAVEMENT BASE OR SUBGRADE THICKNESS: 6" Asphalt Cone TY B

DESIGN SPEED 45

POSTED SPEED 35

DRIVEWAYS MAXIMIMUM RESIDENTIAL GRADE (%) N/A

MAXIMIMUM COMMERCIAL GRADE (%) N/A

MINIMUM COMMERCIAL DRIVEWAY WIDTH NI A

SIDE STREET CONSIDERATIONS:

TURNING RADIUS, MINIMUM N/A

PAVEMENT THICKNESS NI A

COMMERCIAL DRIVEWAY THICKNESS N/A

DRAINAGE TOPICS

STORM SEWER DESIGN CRITERIA: o TxDOT I2<'J CITY o HYDRO-35 o TP-40

INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS) No Inlets

pg40[10





MINIMUM COVER FOR LATERALS N/A

BRIDGES/BOX CULVERTS INVOLVED? 0 YES [;g] NO If yes, specify involvement: 0 BRIDGE(S) 0 BOX CULVERT(S)

100 YEAR FLOOD PLAIN CONSIDERATION? 0 YES o NO [;g] N/A

If yes, how many feet of freeboard are required? N/ A

PERMITS

COE 404 PERMITS NEEDED DYES [;g] NO

TCEQPERMIT DYES [;g] NO

CDC PERMIT DYES [;g] NO

EIS YES [;g] NO

ADA PERc\1IT DYES [;g] NO

ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TxDOT, DFW AIRPORT, DART, ETC.? 0 YES [;g] NO If yes, please document below:

UTILITIES

LIST OF ALL KNOWN UTILITIES:

ONCOR, AT&T, Verizon Bussiness, Time Warner Com.

pg 5 oflO




Project Name: Harry Hines At Oak Lawn Avenue -Ramps Improvements MCIP Project: 3021lA

DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS:

ARE UTILITIES ON EXISTING STREET R.O.W.? [g] YES D NO

DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? DYES [g] NO If yes, please describe below:

HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)? DYES [g] NO

ANY UNUSUAL CONSIDERATIONS? DYES [g] NO If yes, please document below:

R-O-W ACQUISITION

RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: DYES [g] NO

ANY NON-ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, TREE ORDINAl"JCES? DYES [g] NO If yes, please define below:

pg6oflO





ANY NON-C01\lFORMING ISSUES? DYES ~ NO

R.O.W. MAP NEEDED? DYES ~ NO

FIELD NOTES N"EEDED? DYES ~ NO

R.O.W. PLATS NEEDED? DYES

RELOCATION ASSISTANCE INVOLVED? DYES

PARKING/LOSS OF PARKING CONSIDERATIONS? DYES

HISTORICAL SITE CONSIDERATION? DYES

USUAL CITY TOPICS OF CONCERN

IXl NO

IXl NO

IXl NO

IXl NO

DESIGN STANDARDS TO BE USED? City of Dallas Standards, TxDOT Standards

ORDER OF PRECEDENCE OF STANDARDS City of Dallas Standards, TxDOT Standards

AUXILIARY LANES? DYES IXl NO

PROVISIONS FOR FUTURE WIDENING? DYES IXl NO

LANDSCAPING? DYES IXl NO

EXPOSED AGGREGATE DRIVEWAYS, SIDEWALKS? DYES IXl NO

STAMPED/COLORED CONCRETE? DYES IXl NO

IRRIGATION? DYES IXl NO

BRICK PAVERS? ~ YES 0 NO If yes , please define location(s):

Barrier Free Ramps

pg 7 oflO




Project Name: Harry Hines At Oak Lawn Avenue -Ramps Improvements MCIP Project: 30211A

STREET LIGHTING? [gJ YES

TRAFFIC SIGNALS? DYES

PAVEMENT MARKINGS? [gJ YES

0

[gJ

0

BIKE LANES (EXTRA WIDTH)? DYES ~ NO If yes, specify width:

NEW SIDEWALKS? [gJ YES o NO

BUS TURNOUTS? DYES ~ NO

BUS STOPS OR BUS SHELTERS? DYES ~ NO

WATER UTILITY BETTERMENTS? DYES ~ NO

WATER UTILITY RELOC.? DYES ~ NO

SAt"!. SEWER BETTERMENTS? YES ~ NO

SAN. SEWER RELOC.? DYES ~ NO

RETAINING WALLS? DYES ~ NO If yes, please specify wall type (stone, blocks, gabions, proprietary types, etc.):

SOD, SEEDING, TOPSOIL?

~ SOD o SEEDING ~ TOPSOIL o OTHER:

DRAINAGE IMPROVEMENTS? DYES ~ NO

RR CROSSING IMPROVEMENTS? DYES 0 NO ~ N/A

GRADE SEPARATIONS? DYES ~ NO

pg 8 0[10

NO

NO

NO




Project Name: Harry Hines At Oak Lawn AvenueRamps Improvements MCIP Project: 3021lA

RAMPS OR CONNECTORS TO TxDOT FACILITIES? 0 YES If yes, please specify facility(ies) below:

[6J NO

SPECIAL SCHOOL OR EMERGENCY VEHICLE CONSIDERATIONS

ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? [6J YES 0 NO If yes, please list the special consideration(s) below:

Sammons Center (Historical Building)

PUBLIC INVOLVEMENT

CITY COUNCIL APPROVAL OF ALIGNMENT REQUIRED? 0 YES

NEIGHBORHOOD MEETING, REQUIRED? DYES

HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? DYES 0 NO [6J N/A

IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? o CITY [6J COUNTY 0 N/A

[6J NO

[6J NO

DOCUMENT POTENTIAL SITES FOR PUBLIC AND/OR NEIGHBORHOOD MEETINGS:

pg 9 oflO





CONSTRUCTIBILITY REPORT

FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT?

pg 10 oflO

ATTACHMENT B

ESTIMATED FUNDING

ESTIMATED CONSTRUCTION COST $875,000 DESIGN BY CONSULTANT $70,000

$260,000 -j

IHPD LABORATORY SERVICES $10,000

CONTENGENCIES $185,000 i TOTAL $1,400,000

COUNTY SHARE $700,000 CITY SHARE $700,000 I

ATTACHMENT C

PROJECT SCHEDULE

BID OPENING AWARD OF CONTRACT WORK ORDER START CONSTRUCTION COMPLETE CONSTRUCTION

MARCH 2010 May 2010

MAY 2010 JUNE 2010

OCTOBER 2010

') 0 11 ORDER NO. Nd" ,L

COURT ORDER

097 41 --------

DATE: __ ~J~an~u~a~IT~II~.~2~O~I~I __

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas COlmty, Texas,

held on the _-,,-1~1 '_h_ day of __ J"'an""'u"'ary'-.L-________ , 2011 on motion made by

John Wiley Price, Commissioner of District No. 3 _____________________________ , and seconded by

Maurine Dickey, Commissioner of District No.1 ______________________ , the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on January 12, 1993, Court No, 93-130, wherein the Commissioners Court agreed to use this form Court Order to provide the City of Dallas consent to sell specific tax properties to the highest bidder via public sealed bids; and

WHEREAS, several parcels ofland were offered for sale by the Sheriff of Dallas County at public auction pursuant to a judgment of the District Court of Dallas County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes, accrued penalty, interest, and court costs; and

WHEREAS, those parcels ofland which did not receive a sufficient bid as set by law were struck off to the City of Dallas, Dallas County, and/or Dallas Independent School District, pursuant to Section 34,01 ( c), Tax Code; and

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 91-1386, dated August 20,1991, Dallas County authorized the City of Dallas to act as Trustee for Dallas County in having struck off to the City, parcels of land which do not receive a sufficient bid as set by law and to execute a quitclaim deed for such parcels of land conveying for the purchaser the right, title, and interest acquired or held by Dallas County as a party to the judgment foreclosing tax liens on the parcels of land; and

WHEREAS, Commissioners Court Order No, 98-2411 dated December 15, 1998, amended Commissioners Court Order Nos. 91-1386 and 93-130 to specifically delete blanket authority to resell tax foreclosure property under Section 34,015 (Alternate Manner of Sale), redesignated as Section 253,010 of the Local Government Code; and

WHEREAS, Dallas County and the taxing units involved desire to resell said parcels of land in an expeditious manner pursuant to Section 34.05, Property Tax Code, specifically excluding a resale under Section 253.010 of the Local Government Code; and

WHEREAS, this request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in authorizing the sale oftax foreclosure properties to interested purchasers thereby returning the parcel(s) to the tax rolls increasing tax revenue for Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Conunissioners Court of

Dallas County, Texas, that the City of Dallas as Trustee for Dallas County, in its own behalf, and on

behalf of the Dallas County Community College District, the Parkland Hospital District, and the

Dallas County School Equalization Fund is hereby authorized to solicit from the public sealed bids

on any or all of the said parcels ofland (attached as Exhibit "A" hereto and made a part hereof) and

does hereby consent to the sale of said parcels ofland to the highest bidder even if the bid tendered is

less than the market value of the land specified in the judgment offoreclosure or the total amount of

the judgment of foreclosure or the total amount of the judgments against the property.

DONE IN OPEN COURT this the ~ day of Janua ,2011.

Dr. Elba Garcia, District 4

RECOMMENDED BY:

PE:cdlSC

CDlcdrivelaacathy/pamRev 703 docco.sherifsale

Attachment

EXHIBIT A TAX FORECLOSED/SEIZURE WARRANT PROPERTIES

STRUCK OFF TO THE CITY OF DALLAS AS TRUSTEE FOR DISD AND THE COUNTY OF DALLAS FROM THE SHERIFF SALE (DECEMBER 2010)

STRUCK-IMPI OFF

NO. TAX ACCOUNT NO. STR!:!:T AOOR!:SS MAPSCO VACANT BLOCK LOT ZONING AMOUNT SIZE'

1 00000757213000000 2837 CEDARDALE 76E IMP 7618 PART LOT 22 CS $21,360.90 .3624

2 00000700627000000 2803 ESMALDA 43P IMP Al7222 LOTS4&5 1M $15,487.51 .4591

3 00000758479000000 4525 FELLOWS 56V IMP 7637 LOT 1 R-5(A) $10,180.77 .1290

4 00000310696000000 2635 FERNWOOD 55S IMP 24/4219 LOT21 R-7.5(A) $11,960.73 .1722

5 00000800826620000 3980 FRITZ 66V IMP F/8262 LOT 31 R-5(A) $35,927.73 .1878

6 00000322981000000 2822 FROST 56D IMP 3/4432 LOT 6 PO 595 $8,922.29 .0826

7 00000681778000000 1826 LEATH 44E IMP 1617130 LOT 8 R-5(A) $15,247.44 .1263

8 00000129913000000 2505 MEYERS 46N VAG 5/0854 LOT 6 PO 358 $3,750.00 .1722

9 00000539689000000 2115 SAN PABLO 58B VAG 3/6227 LOT 24 R-7.5(A) $11,711.22 .1578

10 00000680179000000 1968 SHAW 44J VAG 7127-30 EAST 1/2 LOT 3 R-5(A) $10,070.00 .0750

11 00000323971000000 3617 SIDNEY 46Z IMP A14458 LOT 3 PO 595 $11,121.85 .1481

12 00000505432000000 2442 STOVALL 55Y IMP H/6078 LOT 53 R-5(A) $15,377.20 .1435

13 00000635239000000 5136 VETERANS 66J VAG E/6855 LOT 13 R-5(A) $16,230.00 .4989

14 00000507358000000 2663 WILHURT 55Z IMP 6/631 LOT10 R-5(A) $21,000.00 .1463

lAmount in Sheriffs Deed is the lesser of the judgment amount, which includes interest, penalties, code liens and civil penalties, or the assessed value in the judgment.

2 All sizes are approximate.

I

JUDGMENT CAUSE NO.

09-31585 W/96-40555

09-30182

09-31440

09-31060

09-31086 W/89-32743

09~31169

09-30894

07-30788

09-31073

01-31246

09-31062

07-30886

09-30861

09-31560 W/00-30073

098 ORDER NO.: ________ _


STATE OF TEXAS

COUNTY OF DALLAS

§ § §

SUbs-h'kk COURT ORDER

1f2


January 11 ,2011, on motion made by Jolm Wiley Price, Commissioner District 3

and seconded by Maurine Dickey, Commissioner District 1 , the following Order was adopted:

WHEREAS, on November 12, 2010, the Commissioners Court canvassed the votes for the general election held on November 2,2010 and the following individuals were elected to public offices for which official bonds must be approved: 1) Clay Lewis Jenkins, County Judge; 2) Mike Cantrell, County Commissioner, District 2; 3) Dr. Elba Garcia, County Commissioner, District 4; 4) John Warren, County Clerk; 5) Joe Wells, County Treasurer; 6) Gary Fitzsimmons, District Clerk; 7) Derick Evans, Constable, Precinct #1; 8) Michael Gothard, Constable, Precinct #2; 9) Ben Adamcik, Constable, Precinct #3; 10) Roy Williams, Jr., Constable, Precinct #4; 11) Brenda Hull Thompson, Judge, County Probate Court #1; 12) Robert Christopher Wilmoth, Judge, County Probate Court #2; 13) Michael E. Miller, Judge, County Probate Court #3; 14) Dan Patterson, Judge, County Criminal Court # 1; 15) Julia Hayes, Judge, County Criminal Court #2; 16) Doug Skemp, Judge, County Criminal Court #3; 17) Teresa Tolle, Judge, County Criminal Court #4; 18) Etta J. Mullin, Judge, County Criminal Com1 #5; 19) Angela M. King, Judge, County Criminal Court #6; 20) Elizabeth Crowder, Judge, County Criminal Court #7; 21) Tina Yoo, Judge, County Criminal Court #8; 22) Peggy Hoffman, Judge, County Criminal Coutt#9; 23) Robetto Canas, Jr., Judge, County Criminal Court #10; 24) Elizabeth Davis Frizell, Judge, County Criminal Court #11; 25) Kristin Wade, Judge, County Court of Criminal Appeals, #1; 26) Jeffrey Rosenfield, County Court of Criminal Appeals, #2; and

WHEREAS, the following appointed official has executed a bond which must be approved: Bruce Sherbet, County El ections Administrator; and

WHEREAS, the official bonds for the foregoing elected and appointed officials have been reviewed by the Civil Division of the Criminal District Attorney's Office; and

WHEREAS, the official bonds for the foregoing elected and appointed officials will be recorded, filed, and kept by the County Clerk if approved by the Commissioners Court.

IT IS THEREFORE, ORDERED, ADJUDGED and DEC appointed officials are hereby approved.

Mike Cantrell, Comm. Dist. #2

Recol1)me,nded for Ap roval: / ... / , :"J// C> .. / Y-i

"' 'f6?{ ~ <e. f'r. .' .B6·d6n Hiker c,

~~ef, Civil Division Dallas County District Attorney's Office

D, that the official bonds for foregoing elected and

January 2011 --~7-~---------' .

ALL BONDS LISTED ON THIS

COMMISSIONERS COURT ORDER

ARE AVAILABLE FOR VIEWING

UPON REQUEST

IN THE

COMMISSIONERS COURT CLERK'S OFFICE