DALLAS COUNTY COMMISSIONERS COURT BRlEFlNG AGENDA

June 29, 20] 0

REPORTSfRECOMMENDA Tl ONSfREQUESTS

HEAL TH & HUMAN SERVICES

a) Department of State Health Services FY 2010 Ryan White

PAGE NOS.

Part B Formula Contract Amendments., . ., ...................................... .,., .. .,.,., .,.,.,.,.,.,.,,4-5

b) Reallocated 2010 Ryan \X/hite HIV/AlDS Treatment Extension Act of 2009 Part A F ormilia Funds.,.,.,.,.,.,.,., . .,., . .,., . .,.,.,.,., ... .,., .. ., ...... .,., . ., ..... ., ..... ., .. 6-8

c) Reallocated FY 2010 Ryan White mV/AlDS Treatment Extension Act of 2009 Part A Supplemental Contract Funds ..... .,., ......... .,., ...... ., ......... ., . ., .... ., ... 9-11

d) Reallocated FY 2010 Ryan White HN/AlDS Treatment Extension Act of 2009 Part A Minority AIDS Initiative Contract Funds ...... ., ... ., .... ., ... .,.,., ..... 12-J 4

e) Food Establishment Inspections J nterlocal Agreements .......... ., .. ., . ., ......... ., ... .,.,., ..... 15-21

f) Mosquito Controllnterlocal Agreements . .,., .... .,.,., .. ., ............. ., .... .,.,., ......... ., . .,., .. .,.22-27

2) FACILITIES MANAGEMENT

Lease Renewal for the Tax Office, 2436 Valley View Lane Farmers Branch, Texas ...... ., . ., .... ., ....... ., . .,., ........ ., . ., ... ., ... .,.,.,., .......... ., ............. ., ...... ., .. .,.28-31

3) PLANNING & DEVELOPMENT

a) Proposed Revisions to Tax Abatement for Nurses Building at Old Parkland Hospital ., .. .,.,.,., .. .,., .... .,.,., ... ., ... .,., ....... .,., ........ ., ......... ., ...... ., .. .,.,., ..... 32-35

b) Proposed Revisions to CDBG Policies .......... ., ............ ., ......... ., .......... ., . .,.,., ............. 36-5 1

4) PUBLIC WORKS

Resale of Tax Foreclosure Property to City of Grand Prairie for Public Purpose 1933 W. E. Roberts, Grand Prairie, Texas Cause No. TX 97-3126J-T/L Dallas County, et al vs. Federated Asset Management et al ........................................................................................................... 52-56

5) TAX ASSESSOR/COLLECTOR

a') lntcrlocal Agreement between City of DeSoto and Dallas Coumy Participation in Dailas County Scomaw Program ....... , ............................. 57-66

b) Comraet benveenthe City of DeSoto and Dallas County for Tax Collection Services 67-75

lmplementation of Positive Pay with Bank of America ........... . . .................. ,76-79

6) PURCHASING

a) RFP for Temporary Personnel Services, ,.,.,",.,." ............................ , ........ 80 Handout

b) RFP for Electronic Payments Processing Services and Solution Provider for the Dallas County Tax Office E-Commerce Initiatives .................................... 81-117

(COURT ORDER ON FORMAL AGENDA)

7) BUDGET

Hiring Freeze Exceptions ................................................................................................. ] ] 8

8) Information ........................................................................................................................ NIA • Jail Population Report • Budget - Reserve Balance Report - June 23, 2010 • Purchasing:

Annual Contract Data Information Annual Contract Extensions

• Health and Human Services - HHS Updates

9) Miscellaneous, Travel Requests, Miscellaneous Equipment, and Telecommunications Requests .................................................................................. 119-J 30

10) PUBLIC COMMENTS

Speakers ............................................................................................................................. N/ A

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DA TES TO REMEMBER

uuu:e Day, Observed - Monday, July 5,2010

No Court July 20,2010

July 2010 s M ,.T. W TH F S

1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 16 17

18 19 ~ 21 22 23 24

25 26 27 28 29 30 31

Parkland Budget Hearings July 27,2010 at 11 :00 a.m.

AWlUst 31. 2010 at 11:00 a.m. ~ .

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DALLAS U"',,,,>, SERVICE:::

GRANTS MANAGEMENT DIVISJOr..:

/achuf}' Thompson DneclOl

COMMISSIONERS COURT

FROM: ZACHARY S. THOMPSON, DIRECTOR

DATE: JUNE 29, 2010 -SUBJECT: DEPARTMENT OF STATE HEALTH SERVICES FY 201 0 RYAN WHITe PART B FORMULA CONTRACT AMENDMENTS

Background ofIssue The Dallas County Judge is the grantee and legal recipient oflhe Department of Slate Health Services (DSHS) Ryan White Part B Fonnula grant funds. Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for these funds. The DSHS illV Administrative Service Area (RASA) includes the Dallas Health Service Delivery Area (HSDA) encompassing Collin, Dallas, Denton, Ellis, Hunt, Kaufinan, Navarro, and Rockwall counties; and the Shennan-Denison HSDA encompassing Cooke, Fannin, and Grayson counties. In accordance with the provisions of the DSHS grant, the Administrative Agency is responsible for program administration, planning, and evaluation for the RASA.

Amended Provisions for AIDS Anns.lnc. (AAJ): The Administrative Agency received a request ITom AAl to revise its budget to add a new phannacy provider, 340B Partners Phannacy, LLC, to the AIDS Phannaceutical Assistance service category. The attached revised Exhibits A-I (detailed line item budget), A-3 (budget justification), B- J (perfonnance objectives), C-l (multiple funding sources), and C-2 (allocation foml) reflect the addition of a new phannacy provider. Funding remains unchanged.

Amended Provisions for Health Services of North Texas (HSNT): The Administrative Agency received a request ITom HSNT to revise its budget to add a new medical provider, Monogram Biosciences, to the Ambulatory Ompatient Medical Care service category. The attached revised Exhibits A-3 (budget justification) for Ambulatory Outpatient Medical Care service category includes the addition of a new medical provider and reflects the movement of $],000 to this new medical provider ITom within the same eost category. Overall funding remains unchanged for each cost category and the budget revision, which is less than 10% for this line­item service category, is within the limits allowed by the contract between HSNT and Dallas County Health and Human Services.

Fiscal Impacl There is no fiscal impact to Dallas County.

Operational Impact DCHHS staff will coordinate and perform administrative activities in accordance with the responsibilities assigned by the Dallas County Commissioners Court.

Legal Impact The Dallas County Commissioners Court must approve the contract amendments and budgets presented and authorize the County Judge to sign contract amendments on behalf of Dallas County.

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Strategic Plan Compliance Recommendations included in this briefing are consislent with the Dallas County Strategic Plan, Vision 2: Dallas Counly is a healthy community. The DCHliS is the designated Administrative A2encv for the Rvan White T reatmen! Extension Act Part B 2ram. The FY 20] 0 Rvan White Part B

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Fonnula grant directly supports a regional indigent medica] and mental healthcare network for those impacted by mV/AIDS.

Recommendation 11 is recommended that the Dallas County Commissioners Court does hereby approve the FY 2010 Ryan White Part B Fonnula contract amendments and budgets to add a new phannacy and medical provider with nO change to overall funding. and authorize the County Judge to sign contract amendments with specific service providers on behalf of Dallas County.

RECOMMENDED BY, ---.p...4".--+==i=,-------

c: Darryl Martin, Court Administrator Virginia Porter, County Auditor

DALLAS COUNTY HEALTH AND HUMAN SERV1CES GRANTS MANAGEMENT

Zachary Thompson Director , -o

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~ ::::J SUBJECT, REALLOCATED FY 2(11) RYAN WHITE mY/AIDS TREATMENT EXTENSION-<

ACT OF 2009 PART A FORMULA FUNDS

Background ofIssue The Dallas County Judge is the grantee and legal recipient of the Ryan White HN I AIDS T realmen! Extension Act of2009 (TEA) Part A Formula grant for the Dallas Eljgible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services. Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DCHHS is responsible for completing the grant application, managing the sub-recipient award process, tracking the expenditure offunds by service providers throughout the contract period and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of the TEA, the grantee appoints members to serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with the responsibility of establishing priorities for the allocation of TEA funds and detennining allocation of funds by service category. On March 8,20] 0, DCHHS received the notice of award from HRSA for the fonnula grant in the amount of$9,944,346. Of this amount, $8,579,637 is allocated to service providers.

As a result of an unobligated balance of$724,034, funds are available for reallocation. On May 14, 20 10, DCHHS issued a one-page request for proposals (RFP) for reallocated Part A Fonnula funds. An internal review conunittee (IRC) was convened to review proposals and make award reconunendations. DCHHS has reviewed the award reconunendations and is reconunending the approval of contract awards for Part A Fonnula in the amount of $382,732, as presented in Attachment A.

The award of the remaining unobligated balance of $341,302 will be presented 10 Commissioners Court under separate briefing at a later date.

Fiscal Impact There is no fiscal impact to Dallas County.

Operational Impact Administrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of the subcontractors in accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

LegllllmpllC! The Dallas County Commissioners Court must approve the award recommendations and authorize the County Judge 10 sign the comraCl amendments on behalf of Dallas County,

Strategic Plan Compliance Recommendations induded in this briefing are consistent with the Dallas County Strategic Plan, Vision ' Dallas County is a heallhy community The DCHHS is the designated Administrative Agencv for the Ryan White Treatment Extension Act of 2009 Part A grant The FY 20] 0 Ryan \Vhile Part A Fonnula grant directly supports a regional indigent medical and mental heaithcare network for those impacted by HIV I AIDS.

Hecommendatioll 11 is recommended thatlhe Dallas County Commissioners Court does hereby approve award ofFY 20] 0 Ryan \Vhite TEA Part A Fonnula funds to service providers as reflected in Attachment A, and authorizes the County Judge to sign the contract amendments with the specific service providers on behalf of Dallas County.

RECOMMENDEDBY: ____ ~~~~~~~~~~~------

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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DALLAS COUNTY AND HUMAN SERVICES

GRANTS MANAGEMENT

Zachary Thompson Direc1o!

TO: COMMISSIONERS COURT

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: JUNE 29, lOll) -SUBJECT: REALLOCATED FY 2010 RYAN WHITE H1V/AlDS TREATMENT EXTENSI~

ACT OF ZOO') PART A SUPPLEMENTAL CONTRACT FUNDS

Background oHssue The Dallas County Judge is the grantee and legal recipient of the Ryan White HN / AIDS T reatmen! Extension Act of 2009 (TEA) Part A Supplemental grant for the DalJas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services Health Resources and Services Administration (HRSA). DalJas County Healtb and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DCHHS is responsible for completing the grant application, managing the sub-recipient award process, tracking the expenditure of funds by service providers throughout the contract period and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of TEA, the grantee appoints members to serve on the Dallas EMA Ryan II/hite Planning Council (RWPC). The RWPC is charged with the responsibility of establishing priorities for the allocation of TEA funds and detennining the categorical allocation of funds by service category. The FY 2010 Ryan White TEA Part A Supplemental grant, in the amount of S425 1,693 is allocated as follows: $4,25J ,693 is to be awarded to service providers.

As a result of an unobligated balance of$806,974, funds are available for reallocation. On May J 4, 2010, DCHHS issued a one-page request for proposals (RFP) for reallocated Part A Supplemental funds. An internal review committee (lRC) was convened to review proposals and make award recommendations. DCHHS has reviewed the award recommendations and is recommending the approval of contract awards for Part A Supplemental in the amount of $530,825 as presented in Attachment A.

The award of the remaining unobligated balance of$276,149 will be presented to Commissioners Court under separate briefing at a later date.

Fiscal Impact There is no financial impact to Dallas County.

Operational Impact Admirustrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of contractors in accordance with the responsibilities assigned 10 them by the Dallas County Commissioners Court.

Page 2

Legllllmplict The DalJas County Commissioners must approve the award recommendations and authorize the County Judge to sign contract amendments on behalf of Dallas County.

Stralegic Plan Compliance Recommendations included this briefing are consistent the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Ryan vVhite Treatment Extension Act Part A grant. The FY 20 10 Ryan White Part A Supplemental grant directly supports a regional indigent medical and mental healthcare network for those impacted by HlY/AIDS.

Recommendation It is recommended that the DalJas County Commissioners Court does hereby approve the award of reallocated FY 2010 Ryan White TEA Part A Supplemental funds in the amount of $530,825, to service providers reflected on Attachment A and authorize the County Judge to sign contract amendments with specific service providers on behalf of Dallas County.

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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DALLAS COUNTY HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT

Zachary Thompson Director

TO: COMMISSIONERS COURT

FROM: ZACHARY THOMPSON, DIRECTOR

DATE:

SUBJECT:

JUNE 29, 2010

REALLOCATED FY 2010 RYAN WHITE HIV/AIDS TREATMENT EXTENSmN ACT OF 2009 PART A-MINORITY AIDS INITIATIVE CONTRACT FUNDS

Background oflssue The Dallas County Judge is the grantee and legal recipient of the Ryan White HIV/AJDS Treatment Extension Act of 2009 (TEA) Part A-Minority AIDS Initiative (MAl) grant for the Dallas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DCHHS is responsible for completing the grant application, managing the sub­recipient award process, tracking the expenditure of funds by service providers tbroughout the contract period and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of the TEA, the grantee appoints mcmbers to serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with the responsibility of establishing priorities for the allocation of TEA funds and determining allocation of funds by service category. On March 8, 2010, DCHHS received the notice of award from HRSA for the MAl grant in the amount of$916,078.

As a result of an unobligated balance of$81,642, funds are available for reallocation. On May 14, 20] 0, DCHHS issued a one-page request for proposals (RFP) for reallocated Part A-Minority AIDS Initiative funds. An internal review committee (IRC) was convened to review proposals and make award recommendations. DCHHS has reviewed the award recommendations and is recommending the approval of contract awards for Part A-Minority AIDS Initiative in the amount of$50,032, as presented in A ttachm ent A.

The award of the remaining unobligated balance of $3 1,61 0 will be presented to Commissioners Court under separate briefing at a later date.

Fiscal Impact There is no fiscal impact 10 Dallas County.

Operational Impact Administrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of the subcontractors in accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

Page 2

Legal Impact The Dallas County Commissioners Court must approve the award recommendations and authorize Ihe County Judge to sign contract amendments on behalf of Dallas County,

Strategic Film Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a heailhy community, 111e DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act of 2009 Part A grant The FY 20]0 Ryan Vv'hite Part A-Minority AIDS Initiative grant directly supports a regional indigent medical and menial healthcare network for those impacted by HIV / AlDS,

Recommendation It is recommended that the Dallas County Commissioners Court does hereby approve award of reallocated FY 2010 Ryan White Part A-Minority AIDS Initiative (MAl) contract funds, in the amount of $50,032, 10 service providers as reflected in Attachment A, and authorizes the County Judge to sign contract amendments with the specific service providers on behalf of Dallas County,

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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AL HEALTH PROGR4.MS

WELCO.\1£ HOl'SE

DALLAS HEALTH D HUMAN SERVICES ADMINiSTRA TION

Zachary Thompson Director

MEMORANDUM

TO: OOMMISSIONERS OOURT

FROM: Zachary Thompson, Director

DATE: June 29, 2010

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~ U1 C SUBJEOT: FOOD ESTABLISHMENT INSPECTIONS INTER LOCAL AGREEMENTS

BACKGROUND

For many years, the Health and Human Services DepartmenUEnvironmental Health Division has entered into Interlocal Agreements with the cities of Balch Springs, Cockrell Hill, Glenn Heights, Highland Park, Hutchins, Lancaster, Sachse, Seagoville, Sunnyvale, University Park and Wilmer for the purpose of providing food establishment inspections and other environmental health services. Each facility/establishment will receive a minimum of two (2) inspections per year, except for the City of Lancaster which has requested a minimum of three (3) inspections per year, with follow-up inspections being conducted as deemed necessary to protect the public's health based on the respective City's ordinance and state law.

OPERATIONAL IMPACT

According to the Interlocal Agreement with each City, the Oounty will perform a minimum of (2) two inspections per year of each food establishment, except for the City of Lancaster, which will receive (3) three inspections per year, for which the City has submitted an inspection request. Also, at the City's request the County will perform additional inspections of food establishments for an additional fee(s), including establishments that are closed for non-compliance of the Health and Safety laws.

FolloW-Up inspections will be performed as necessary by the County to ensure that the food establishments are within compliance of the respective City's ordinance and state law.

LEGAL IMPACT

The County Judge is required to sign the Interlocal Agreement after approval by the Commissioners Court. The District Attorney's office, Civil Section has reviewed and modified the Interlocal Agreement content, and the Interlocal Agreement has been approved as to form.

FINANCIAL IMPACT

Each City will collect and submit to the County the sum of $150.00 per year from each food establishment based on a minimum of two (2) inspections. However, the City of Lancaster will submit to the County the sum of S225 per year for each food establishment based on a minimum of three (3) inspections. For each additional inspection(s) requested by the City, the County will charge a fee of $75.00. Also, each food establishment that is CLOSED due to health violations will be charged a re-inspection fee of $75.00 prior to the establishment being allowed to re-open. The fee(s) will be collected by the City and paid to the County.

2377 Stemmons Freeway Suite 600 l8-16

Dallas, Texas 75207-2710 Office (214) 819-1870 FAX (214) 819-6012

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STRATEGIC PLAN COMPliANCE

Commissioners Court June 29,2010

Page 2

Recommendations included in this briefing are consistent with the Dallas County Strategic Pian, Vision 2: Dallas County is a healthy community. The agreement is included under the strategy for the provision of disease prevention, health promotion and human service programs to County residents.

PROJECT SCHEDULE

Services provided to the cities shall be effective by both parties for the period of October 1, 2010 through September 30, 2011.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does hereby approve the Food Establishment Inspections Interlocal Agreement with the cities of Balch Springs, Cockrell Hill, Glenn Heights, Highland Park, Hutchins, Lancaster, Sachse, Seagoville, Sunnyvale, University Park and Wilmer, and authorizes the County Judge to sign the Agreements on behalf of Dallas County.

Recommended by:

attachments

c: Darryl Martin, Court Administrator Virginia Porter, County Auditor Ryan Brown, Budget Officer

2377 Stem mons Freeway Suite 600 LB-16

Dalias, Texas 75207-2710 Office (214) 819-1870 FAX (214) 819-6012

STATE OF TEXAS

COUNTY OF DALLAS

1. PARTIES

§ § § § § §

INTERLOCAl AGREEMENT FOR FOOD ESTABLISHMENT INSPECTION AND ENVIRONMENTAL HEALTH SERVICES BETWEEN DALLAS COUNTY, ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES, AND CITY/TOWN

This Interlocal Agreement {"Agreement") is made by and between the City/Town of ~ __ =-__ :-:-,-;---;-:::-:-:--' Texas ("City/Town"), a governmental eniity, and Dallas County ("County"), on behalf of Dallas County Health and Human Services ("DCHHS"), also a governmental entity, pursuant to the authorities granted by Texas local Government Code Chapter 791, Interlocal Cooperation Act, Texas Health and Safety Code Chapters 437, Food and Drug Health RegUlations, and 121, Local Regulation of Public Health, along with 25 Texas Administrative Code, Chapter 229, and any other applicable laws, as well as the CitylTown ordinance for inspection services of food establishments within CityITown's jurisdiction and other environmental health services to CitylTown.

2. TERM

This Agreement is effective from October 1,2010 through September 30, 2011, unless otherwise stated in this Agreement.

3. INSPECTION SERVICES AND REQUIREMENTS

A County will perform a minimum of two (2) inspections per Agreement Term of each food establishment for which the City/Town has submitted an inspection request and for which a fee has been collected from the said food establishment;

B. Additional follow-up inspections will be performed as deemed necessary by County;

C. Any additional request for follow-up inspections by City/Town of food establishments, including food establishments that are closed due to non-compliance with the State and other applicable rules and regulations will be charged additional fees;

D. Each food establishment inspection will be made by a Registered Professional Sanitarian employed by DCHHS, in compliance with all state laws and regulations;

E. An examination of the following will be made during each inspection: food and food protection; personnel; food equipment and utensils; water source; sewage; plumbing; toilet and hand-waShing facilities; garbage and refuse disposal; insect, rodent, and animal control; floors, walls, and ceiling; light; ventilation; and other operations.

4. BUDGET AND PAYMENT TO COUNTY

A City/Town will collect and submit to the County a minimum of One Hundred Fifty and 00/100 Dollars ($150.00) per Agreement Term.

B. Beginning with the third food establishment inspection, CitylTown will pay a Seventy Five

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and 00/100 Doiiars ($75.00) fee for each additional inspection requested by City/Town.

C. City/Town will coliect Seventy Five and 00/100 Dollars ($75.00) to be paid to the County for a re-opening or inspection fee of a food establishment that has been closed due to non­compliance of Chapter 437 of the Texas Health and Safety Code, or any other state rules and regulations.

D. The fees are subject to change, upon prior written notice to CitylTown, if additional cost is associated with the services under this Agreement

E. CitylT own shall pay County ihe stipulated fees within thirty (30) days of the monthly request for payment, or if County fails to make the payment request, then City/Town shall pay the stipulated fees no later than the last date of this Agreement Term. Any payment not made within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code.

5. OTHER ENVIRONMENTAL HEALTH SERVICES

A. Upon written request from City/Town, County will respond to Vector and/or Mosquito Control complaints. Ground application services will include spraying for adult mosquitoes ("adulticiding"), and treating standing water ("Iarvaciding") services.

B. In the event aerial spraying is needed to control SI. Louis Encephalitis or West Nile virus throughout the County, CitylTown will have the option to participate in the County's emergency aerial mosquito spraying plan. Should CitylTown agree to participate in the plan, City/Town must provide written notice to County and agree to the following:

1) Indicate the areas and amount of acres to be sprayed; and

2) Pay City/Town's proportioned share of the cost based upon the number 01 acres to be sprayed multiplied by the per-acre spraying cost.

6, RECORDS

City/Town shall have the sole responsibility of responding to requests for records offood inspection results produced under this Agreement. County will make its best effort to forward any requests for such records that it received to City/Town within three business days after County's receipt of such requests.

7, TERMINATION

A. Without Cause: This Agreement may be terminated in writing, without cause, by either party upon thirty (30) days prior written notice to the other party;

B. With Cause: The County reserves the right to terminate the Agreement immediately, in whole or in part, at its sole discretion, for the following reasons:

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

2) Non-performance;

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3) City's improper, misuse or inept use of funds or resources; and/or

4) City's submission of data, statements and/or reports that are incorrect, incomplete and/or false in any way,

8. CITY/TOWN ORDINANCE

In order for this Agreement to be valid, the City/Town must have or adopt a City/Town ordinance that provides for the inspection of food establishments by a Registered Professional Sanitarian, CitylTown must require the payment of a feels) by each food establishment. Ordinance enforcement shall be the responsibility of the City/Town,

9. INDEMNIFICATION

County and City/Town, including Iheir respective employees and elected officials, agree that each shall be responsible for its own negligent acls or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any governmental immunity available to County or CitylTown under Texas and other applicable laws, and without waiving any available defenses under Texas and other applicable laws. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in orto any third persons or entities.

10. iNSURANCE

City/Town agrees that it will at all times during the term of this Agreement maintain in full force and effect insurance, or self-insurance, to the extent permitted by applicable law under a plan of self­insurance, that is also maintained in accordance with sound accounting practices, It is expressly agreed that City/Town will be solely responsible for all cost of such insurance; any and all deductible amounts in any policy; and in the event that the insurance company should deny coverage,

11. NOTICE

Any notice or certification required or permitted to be delivered under this Agreement shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the 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:

COUNTY Zachary Thompson, Director Dallas County Health & Human Svcs. 2377 N, Stem mons Frwy., Suite 600 Dallas, Texas 75207-2710

12. ENTIRE AGREEMENT AND AMENDMENT

CITY/TOWN OF _____ _

This Agreement, including any Exhibits and Attachments, constitutes the entire agreement between the parties and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written, No modification, amendment, novation, renewal or other alteration of this

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Agreement shall be effeciive unless mutually agreed upon in writing and executed by the parties.

13. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but al! of which shall consiitute one and Ihe same instrument. Words of any gender used in this Agreement 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 othenwise. Headings are for the convenience of reference only and shall not be considered in any interpretation of this Agreement.

14. SEVERABILITY

If any provision of this Agreement is construed to be illegal, invalid, void or unenforceable, this construction will not affect the legality or validity or any of the remaining provisions. The unenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisions shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.

15. FISCAL FUNDING CLAUSE

Notwithstanding any provisions contained in this Agreement, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation for the term of the Agreement and any pertinent extensions. CitylTown shall not have a right of action against County in the event County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Agreement 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 Agreement by written notice to CityfTown at the earliest possible time prior to the end of its fiscal year.

16. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. 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 othenwise. Both parties have a duty to mitigate damages.

17. 'IMMUNITY

This Agreement is expressly made subject to City/Town's and County's Governmental Immunity, including, without limitation, Title 5 of the Texas Civil Remedies Code and all applicable State and federal Laws. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tort limitation, thai City/Town or County has by operation of law, or otherwise. Nothing in this Agreement is intended to benefi! any third party beneficiary.

4

18, COMPLIANCE OF LAWS AND

In providing services required by this Agreement, City/Town and County must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations. Texas law shall govern this Agreement and venue shall lie exclusively in Dallas County, Texas.

19, RELATIONSHIP OF PARTIES

City/Town is an independent contractor and not an agent, servant, jOint enterpriser, joint venturer or employee of County. City/Town and County agree and acknowledge that each entity shall be 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 Agreement

20, SIGNATORY WARRANTY

City/Town and County represent that each has the full right, power and authority to enter and perform this Agreement in accordance with ali of the terms and conditions, and that the execution and delivery of Agreement have been made by authorized representatives of the parties to validly and legally bind the respective parties to all terms, performances and provisions set forth in this Agreement

EXECUTED THIS ____ DAY OF __________ 200 __ ,

COUNTY:

BY: Jim Foster County Judge

Recommended:

BY: Zachary Thompson Director, DCHHS

BY: ordon Hikel Chief, Civil Division Assistant District Attorney

CITYITOWN:

BY: City/Town Manager/Mayor

BY:

BY:

'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 clien!. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney( s),

5

DALLAS COUNTY HEALTH AND HUMAN SERVICES ADMINISTRA TION

Zachary Thompson Director

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: June 29, 2010

SUBJECT: MOSQUITO CONTROL INTER LOCAL AGREEMENTS

BACKGROUND

The Dallas County Health and Human Services/Environmental Health Division provides mosquito spraying, free of charge, to the unincorporated areas, as well as to many cities contracting with the County for food service inspection services. At this time, only the Cities of Cedar Hill, DeSoto, Duncanville, Grand Prairie, and Rowlett are not contracting with Dallas County for food inspection services, yet they are provided mosquito spraying at their request.

OPERATIONAL IMPACT

The County Health and Human Services/Environmental Health Division (Vector/Mosquito Control Section) provides mosquito spraying for all of the southern sector of the County. The cities of Cedar Hill, DeSoto, Duncanville, Grand Prairie, and Rowlett are located within this area, thus incorporating no operational impact.

LEGAL IMPACT

The County Judge is required to sign the Interlocal Agreement after approval by the Commissioners Court. The District Attorney's office, Civil Section has reviewed and modified the Interlocal Agreement content, and the Interlocal Agreement has been approved as to form.

FINANCIAL IMPACT

In order to provide spraying services and recoup the cost to the County, the following expenses will be incurred on a per-hour basis.

Pesticides Machine Depreciation Mileage Salaries Administration

STRATEGIC PLAN COMPLIANCE

TOTAL

$ 144.35 $ 6.36 $ 14.65 $ 13.32 $ 6.32

$ 185.00 per hour

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The agreement is included under the strategy for the provision of disease prevention, health promotion and human service programs to County residents.

2377 Stemmons freeway Suite 600 LB-i6

Dallas, Texas 75207-2710 Office (214) 819-1870 fAX (214) 819-6012

PROJECT SCHEDULE

Commissioners Court June 29, 2010

Page 2

Services provided to the Cilies shail be effective by both parties for the period of October 1, 2010 through September 30, 2011.

RECOMMENDATION

It is respectfuJiy recommended that the Dallas County Commissioners' Court does hereby approve the Mosquito Controllnterlocal Agreements with the cilies of Cedar Hill, DeSoto, Duncanville, Grand Prairie, and Rowlett, and authorizes the County Judge to sign the contracts on behalf of Dallas County.

attachments

c: Darryl Martin, Court Administrator Virginia Porter, County Auditor Ryan Brown, Budget Officer

2377 Slemmons Freeway. Suite 600 LB-16

Dalias, Texas 75207-2710 Office (214) 819-1870 FAX (214) 819-6012

8T ATE OF TEXAS

COUNTY OF DALLAS

i. PARTIES

§ § § §

24

MOSQUiTO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES, AND CITY/TOWN OF ____ _

This Interlacal Agreement ("Agreement") is made by and between the CitylT own of , Texas ("City/Town") and Dallas County ("County"), on behalf of Dallas County Health and Human Services ("DCHHS"), pursuant to the authorities granted by Texas local Government Code Chapter 791, Interlacal Cooperation Act, Texas Health and Safely Code Chapter 121, Local Regulation of Public Health, and any other applicable laws for mosquito ground control via spraying adult mosquitoes ("adulticiding") and treating standing water ("Iarvaciding") to prevent and control outbreaks of diseases associated with mosquitoes.

2. TERM

This Agreement is effective from October 1, 2010 through September 30,2011 unless otherwise stated in this Agreement.

3. ADUl TICIDING AND lARVAClDlNG SPRAYING SERVICES

A. Upon written request from CitylTown, County will provide adulticiding and larvaciding by way of ground application at the rate set forth in Paragraph 4;

B. In the event that aerial spraying is needed to control the S!. Louis Encephalitis and/or the West Nile virus throughout the County, City/Town will have the option to participate in the County's emergency aerial mosguito spraying plan. Should CitylTown agree to participate in the plan. Citv/Town must provide written notice to County and agree to the following:

1) Indicate the areas and amount of acres to be sprayed; and

2) Pay CilylT own's proportioned share of the cost based upon the number of acres to be sprayed multiplied by the per-acre spraying cos!.

4. BUDGET AND PAYMENT TO COUNTY

CitylTown shall pay County at a rate of One Hundred Eighty-Five and 00/100 Dollars ($185.00) per Hour, with a minimum of one (1) Hour of service assessed;

A. After the initiai one (1) hour minimum, spraying services will be pro-rated on thirty (30) minute intervals;

B. Assessed time will only be spraying time and not travel time 10 or from site.

C. CitylTown shall pay County the stipulated fees within thirty (30) days of the monthly request for payment, or if County fails to make the payment request, then CitylTown shall pay the stipulated fees no later than the last date of this Agreement Term. Any payment not made within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code.

5, TERMINATION

A. Without Cause This Agreement may be terminated in writing, without cause, by either party upon thirty (30) days prior written notice to the other party,

5, With Cause: The County reserves the right to terminate the Agreement immediately, in whole or in part, at its sole discretion, for the following reasons:

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

City/Town's improper, misuse or inept use of funds or resources; 2)

3) City/Town's failure to comply with the terms and provisions of this Agreement; and/or

4' } City/Town's submission of daja, statements and/or reports thai are incorrect, incomplete and/or false in any way,

6, INDEMNIFICATION

County and City/Town, including their respective employees and elected officials, agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any governmental immunities available to County or City/Town under Texas and other applicable laws and without waiving any available defenses under Texas and other applicable laws. Nothing in this paragraph shall be construed to create or gran! any rights, contractual or otherwise, in or to any third persons or entities.

7. INSURANCE

City/Town agrees that it will at all times during the term of this Agreement maintain in full force and effect insurance, or self-insurance, to the extent permitted by applicable law under a plan of self­insurance, that is also maintained in accordance with sound accounting practices. It is expressly agreed that City/Town will be solely responsible for all cost of such insurance; any and aI/ deductible amounts in any policy; and in the event that the insurance company should deny coverage,

8, NOTICE

Any notice or certification required or permitted to be delivered under this Agreement shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the 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:

DALLAS COUNTY Zachary Thompson, Director Dallas County Health & Human Svcs, 2377 N, Stemmons Frwy" Suite 600 Dallas, Texas 75207-2710

CITY/TOWN OF ____ _

2

9< ENTIRE AGREEMENT AND AMENDMENT

This Agreement, including any Exhibits and Attachments, constitutes the entire agreement between the parties and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written. 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.

10< 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 used in this Agreement 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 are for the convenience cf reference only and shall not be considered in any interpretation of this Agreement

11< SEVERABILITY

If any provision of this Agreement is construed to be illegal, invalid, void or unenforceable, this construction will not affect the legality or validity or any of the remaining provisions< The unenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisions shall not be affected or impaired and such remaining provisions shall remain in full force and effect

12. FISCAL FUNDING CLAUSE

Notwithstanding any provisions contained in this Agreement, the obligations of the County under this Agreement is expressly contingent upon the availability of funding for each item and obligation for the term of the Agreement and any pertinent extensions< CitylTown shall not have a right of action against County in the event County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years< In the event that County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, County, at its sale discretion, may provide funds from a separate source or may terminate this Agreement by written notice to CitylTown at the earliest possible time prior to the end of its fiscal yeaL

13. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action< 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< Both parties have a duty to mitigate damages.

1'L SOVEREIGN IMMUNITY

This Agreement is expressly made subject to City/Town's and County's governmental immunities, including, without limitation, Title 5 of the Texas Civil Remedies Code and all applicable State and federal laws. The parties expressly agree that no prOVision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tort limitation, and any defenses that City/Town or County have by operation of law, or otherwise. Nothing in this Agreement is intended to benefit any third

3

27

party beneficiary,

15, COMPLIANCE OF LAWS AND VENUE

In providing services required by this Agreement, CitylTown and County must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations, Texas law shall govern this Agreement and exclusive venue shall lie in Dallas County, Texas,

16, RELATIONSHIP OF PARTIES

City/Town is an independent contractor and not agent, servant, joint enterpriser, jOint venturer, or employee of County, CitylTown and County agree and acknowledge that each entity shall be 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 Agreement.

17, SIGNATORY WARRANTY

CitylTown and County represent that each has the full right, power and authority to enter and perform this Agreement in accordance with all ofthe terms and conditions, and that the execution and delivery of Agreement have been made by authorized representatives of the parties to validly and legally bind the parties to all terms, performances and provisions set forth in this Agreement.

EXECUTED THIS ____ DAY OF __________ .2010,

DALLAS COUNTY:

BY: Jim Foster County Judge

Recommended:

BY: Zachary Thompson Director, DCHHS

*Approved as to Form:

~.-?&c BY:' 0 on Hikel

ief, Civil Division Assistant District Attorney

CITY/TOWN OF _____ '

BY: CitylTown Manager/Mayor

Approved as to Form by CitylTowl1 Attorney

BY: Assistant eilylT own Attorney

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

4

June 15, 2010

MEMORANDUM

TO:

THROUGH:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Shannon Brown ~ Assistant Commissiorers Court Administrator

Chris Thompson ~ Director of Operations

Carolyn Thompson Project Manager - Operations, Space/Property Management

Lease Renewal for the Tax Office, Located at 2436 Valley View Lane, Farmer's Branch, Texas

BACKGROUND

Dallas County entered into a five year lease agreement for 4,397 square feet of office space by Court Order 2000-503, dated March 7, 2000 for the office of the Dallas County Tax Assessor/Collector located at 2436 Valley View Lane, in Farmer's Branch, Texas. The lease expired June 30, 2005 and was renewed for two additional years, with a one year market renewal option by Court Order 2005-975 dated May 17, 2005. The lease expired effective June 30, 2007.

The Dallas County Tax Assessor/Collector found the space still suitable for their needs and requested a lease renewal before the end of the term. Dallas County received a proposal from Ray Hallford in c/o Venture Commercial Management, LLC, to renew the lease for a three year period with a one year market renewal option at a rate of $4,580.21 per month, or $12.50 per square foot, with the same terms and conditions as the previous agreement. This is the current lease, which expires June 30, 2010.

At this time, the Dallas County Tax Assessor/Collector still finds the space suitable and has requested a renewal of the existing lease agreement for one additional year. The terms and conditions of this new lease term are set forth as under the previous agreement.

The landlord will continue responsibility for common area maintenance, taxes, insurance, and continue to maintain HV AC and plumbing systems. Dallas County will continue

r /

responsibility for utilities, pest controL janitorial services, and any increase in taxes and insurance over the hase 'ear of2009. The lease will expire June 30. 2011.

IMPACT ON OPERATIONS/FINANCIAL

The new lease contains no increase in the curren! cost per square foot. and it remains competitive for the area. The monthly lease payment remains al $12.50 per square fool, or $4,580.21 per month.

STRATEGIC PLAN COMPLIANCE

This request for approval of a new lease is line with the Strategy 5.3 - to Coordinate Programs and Services to Improve Dallas County Quality of Life.

RECOMMENDATION

Staff recommends the Commissioners Court approve this request In addition, staff requests the County Judge execute this contract by signing the attached lease agreement.

Jr-'

eL, I£,~

//-2-

Approved: Chris 'Thompson, Director

J I .i /!

U I J j

! A '! (' \jij-1/,ln / . j I I..ll!t(/VL 0 10 'jJ J I U lA .. ~ Approved: Shannon Brovvn, Ass!. Court Administrator

c

A.'1ENDMENT TO LEASE AGREEMENT

LEASE REl\1];W ALIEXTENSION AMENDMENT

This Agreement is made and entered into by lllld between Ray Hallford ("Landlord") c/o VENTURE COMMERCIAL MANAEMENT, LLC and THE COUNTY OF DALLAS ("Tenant").

RECITALS:

A. Effective as of July 1,2000, tile Landlord (or its predecessors in interest) and Tenant entered into a certain 5-year Lease Agreement (the "Lease"), relative to the lease of 2436 VaUey View Lane, Farmers Branch, Texas (the "Property"), with all defined terms of the Lease being incorporated herein by reference for all purposes.

B. The Landlord and Tenant previollsly entered agreements to renew/extend the Lease throngh June 30, 2010.

C. The Landlord and Tenant have again agreed to renew/extend tbe Lease, under the same terms and conditions ofthe Lease as set forth herein.

NOW THEREFORE, in consideration of the forgoing premises in the respective undertakings of the parties bereinafter set fortb, tbe receipt and sufficiency of which consideration hereby acknowledge, tbe parties bereto bereby renew/amend the Lease as follows:

1. Extension of tbe Lease Term: Tenant bereby elects to renew/extend the Lease for one year. The renewallextension of tile Lease Term shall begin 011

July 1, 20111 and elld on JUlie 30, 2011 and shall he referred to as tbe "RenewallExtension Term." Each applicable year (a "~") of tbe Extellsion Term shall commence as of July 1 and end on June 30 of the Ilext year.

2. Relit for the RenewallExtension Term: The rent for the one year renewallextension sball be $4,580.21 per montb ($12.50/square foot) for 4,397 square feet of office space. Landlord and Tenant hereby agree that tbe amounts for the Rent for the Term as set forth herein are equal to the Fair Rental Value ofthe Property.

3. Expense Reimbursements: Dallas County will be responsible for allY ill crease ill common area maintenance, taxes, insurance, and maintenance over the base year 2009.

4. Option to Extend Lease Term: Tenant shall have the option for a one year market renewal to extend tbe Lease for a period of one year beyond tbe

expiration of the above referenced Lease Term, on the same terms, conditions allll convenallts as set forth the Option to Extend Term Rider to tile Lease.

5. Ratification of Lease: Except for expressly amended hereby, tile parties hereby ratify and confirm all terms alld cOllditions of the Lease.

6. Counterpart ExeclItion: Facsimile Signarures: The parties acknowledge that tllis Amendmellt may be execlited in militiple cOllnterparts wllicll, wilen taken together, shall cOllstitute a sillgle integrated instrumellt. Flirther facsimile signatllres Oll this document shall be deemed effective as original for all purposes lIereunder.

Executed by Landlord on _______ , 2010.

ACCEPTANCES

By their signatures below, tile duly authorized representatives of Dallas County and Ray Hallford c/o Vellrure Commercial Management, LLC, accept the terms ofthis Contract in full.

COUNTY:

Jim Foster, County Judge

RECOMMENDED BY:

hn R. Ames, CT A x Assessor/Collector

LANDLORD:

Ray Hallford

APPROVED AS TO FOR'V.I:

GOrdlln Hikel~lIief ;b41 Division

/' '-'Criminal District Attorney's Office

DALLAS COUN COMMISSIONERS COURT ADMINISTRATION DEPARTMENT OF PLANNING AND DEVELOPMENT

June 22, 2010

TO: Commissioners Court

FROM: Rick Loessberg, Director of Planning & Development Mt. SUBJECT: Proposed Revisions to Tax Abatement for Nurses Building at Old

Parkland Hospital

BACKGROUND

In 2009, the Commissioners Court authorized the provision of a 90% tax abatement on real property so that what was once the Nurses Building at the Old Parkland Hospital could be renovated and converted into office space. At that time, the abatement was contingent on the project receiving a comparable abatement from the City of Dallas by December 31, 2009 and on the project increasing the County's tax base by at least $]0 million. However, because it has taken longer than expected to obtain the City abatement and because the project's construction budget was reduced from $13.7 million to $8.9 million, the project does not currently qualify for the originally authorized County abatement. As a result, the property's owner (Old Parkland Hospital Unit B, LLC/Crow Family, Inc.) has requested that these terms of the abatement be revised.

DESCRIPTION OF PROJECT

The Nurses Building is located in what is considered to be a distressed area under the County's abatement policy. The building was originally constructed in 1922 in an effort to help recruit and retain student nurses for the hospital. Designed by the same architect that designed the Old Parkland Hospital, the Nurses Building closely resembles and features the same building materials and Classical Revival styJe as this hospital and is considered to be historic.

The building continued to be used as nurses' quarters until 1954 when Parkland Hospital moved to its present Harry Hines location. After that, the building was used for a wide variety of County uses until the early 1990s when it became vacant for over the next fifteen years. It has only been in the last year as the renovation work has been compJeted and the building has been turned into office space for a variety of tenants that the building has once again become occupied. Similarly, with the property having previously always been publicly-owned, it was not until 2006 when the current owner acquired it that it became taxable for the first time.

411 Elm Street. 3" Floor. Room 313 Dallas County Administration Building

Dallas. Texas 75202-33D1 e-mail: rloessberg@dallascounty.org

Telephone: (214) 653-7601 Fax: (214) 653-6517

IMPACT ON OPERi\TIONS

Under the County's abatement policy, historic preservation projects like the Nurses Building must increase the County's tax base by at least $2 million in order to be eligible for consideration.

With the actual "hard" coSl ofrenov3ting the property being $8.9 million instead of$13.7 million as was originaJly envisioned, it was not possible for the project to increase the County's tax base by $10 million as is required by the current abatement agreement. However, one would have expected that the $8.9 million would have been able to generate at least a $2 million increase as the abatement policy requires. Instead, the project only generated a $0.5 million increase which is very surprising given the sum that was actually spent renovating the property.

Staff has looked into why such a small increase in assessed valuation was generated and has identified a number of factors that collectively could be responsible for this. These possible factors include:

(l) The difficulty of estimating what the post-renovation assessed valuation of a converted historic building will be. It is not unusual, under the best of circumstances, to only have about 60¢-75¢ of every dollar spent on hard construction reflected as an increase in assessed valuation.

(2) The project's timing--it was completed at a time when the national economy had rapidly declined and the local vacancy rate for office space had begun to quickly increase; such situations worked to diminish any increase in assessed valuation that would have normally occurred with a $8.9 million historic renovation project.

(3) The use of the year in which the abatement was approved as the project's base year. Typically, the year in which an abatement is approved serves as the project's base value (future assessed valuations are then compared to this base value to determine how much, if any, of an increase in assessed valuation may have occurred). Accordingly, 2009 was used as the base value for this project. However, since some work had already begun on the project in 2008 before the abatement was approved in 2009, in retrospect, 2008 would have been a more appropriate base year.

While it is difficult to calculate exactly what the impact of factors (I) and (2) were on the project's assessed valuation increase, it is possible to determine what the impact of using 2009, instead of 2008, as the project's base year is. If, for instance, 2008 had been used as the project's base year, the resulting tax base increase would have been $2.7 million­which would have had the project be eligible for consideration under the County's abatement policy-instead of$0.5 million (which does not make the project eligible).

L

In the past, the Commissioners Court has revised such terms as base years, effective dales, and minimum tax base increase amounts for other projects when consistent with County policy and when there is a sound rationale for doing so. As a strong case can be made that the base year for this project should havc been 2008, as doing so provides for a project that is consistent with County policy, and as this project helps substantially improve and provide a productive use for an historic building in a distressed area lhal had never been taxable and thai had nol been occupied for over fifteen years, il is recommended that the base year for lhis abatement be changed to 2008.

It is also recommended that the abatement's current $10 million tax base increase requirement be changed to $2.7 million and that the percentage that will be abated be reduced from 90% 10 70% since the project's impact on the lax base will now be much smaller than what was originally anticipated.

Finally, because it is stilJ expected that the City of Dallas will provide a comparable abatement for this project (a formal city council decision is scheduled for August II), it is also proposed that the original requirement that a City abatement mUSl be provided by December 31, 2009 be changed to October 31, 20]0.

IMPACT ON FINANCE

If the proposed revisions are made, the abatement for this project would continue to go into effect on January 1,20]0. Providing a 70% abatement would result in the Countv annually foregoing about $4300 while allowing the County to collect about $] 850 in new revenue (this last amount is similar to the $2300 that would have been collected with the original 90% abatement had the $10 million increase occurred). Reflecting both the smaller anticipated tax base increase and the reduced abatement percentage, the projected total amount of property that will be abated in 20 j 0 will now slightly decline from approximately $480.8 million to $473,7 million with the percentage of the County's tax base that will be abated remaining at the current projected level of about 0.3 percent.

STRA TEGIC PLAN COMPLIANCE

The County's strategic plan specifically recommends that the County use targeted tax incentives to generate economic development and that the County increase its emphasis on improving the area's quality of life. Accordingly, revising the terms of a tax abatement project that is prominently located in an economically distressed area and that improves and provides a productive use for an historic building that has been vacant for over fifteen years and that has never been taxable until only recently is consistent with this plan.

RECOMMENDA TlON

It is recommended that the base year for the abatement involving the renovation/conversion of the Nurses Building be changed from 2009 to 2008, that the amount by which the County's tax base must be increased by this project be changed from $10 million to $2.7 million, that the abatement percentage be reduced from 90% to 70%, and that the date by which a comparable City of Dallas abatement must be provided be changed from December 31,2009 to October 3],20] O.

cc: Virginia Porter, Auditor Ryan Brown, Budget Officer John Ames, Tax Assessor/Collector Kellie Gingrey, Crow Holdings

DALLAS CO COMMISSIONERS COURT ADMINISTRATION DEPARTMENT OF PLANNING AND DEVELOPMENT

June 23, 20] 0

TO: Commissioners Court

FROM: Rick Loessberg, Director of Planning & Development /Itf.,. ....

SUBJECT: Proposed Revisions 10 CDBO Policies

BACKGROUND

The County's current CDBO policies were last approved fourteen years ago in J 996, Because of situations and new developments that have occurred since then, several of the policies are in need of being updated, Accordingly, proposed revisions to these policies have been developed for the Court's consideration.

IMPACT ON OPERATIONS

As can be seen in the attached set of revised policies, the proposed revisions either eliminate extraneous wording, clarify existing provisions (such as ensuring that they also apply to HOME funding), reflect County practices that have been in effect since after 1996 (such as allowing cities to accumulate several years of funding and the County's practice of no longer using minority newspapers), account for new technology (such as the use of the internet), or further improve some of the provisions (such as modifying the definition of what constitutes a "substantial change" to a project) so that the program can be more efficient.

None of the revisions imposes new limitations or requirements on the cities that participate in the program.

The proposed revisions have been disseminated for comment to all of the sixteen cities that participate in the County's CDBO program. A comment supporting the revisions was received from the City of DeSoto. No other comments have been received.

STRA TEGIC PLAN COMPLIANCE

The proposed revisions, which will heJp clarify, improve, and streamline CDBO operations, as well as formally incorporate the use of the County's website into these operations, are consistent with the County's strategic plan which specifically recommends that the County operate a CDBO program that can be utilized to improve its

411 Elm Street, 3m Floor, Room 313 Oallas County Administration Building

Oallas, Texas 75202-3301 e·mail: rloessberg@dallascounly.org

Telephone: (214) 653-7601 Fax: (214) 653-6517

cities, that the Coumy seek 10 increase its use of technology and innovation, and that it provide sound and financially-accountable government.

RECOMMENDA TWl\'

It is recommended that the proposed reViSions to the County's CDBG policies be approved,

attachment

cc: Virginia Porter, Auditor Ryan Brown, Budget Officer CDBG staff CDBG cities

POLICIES FOR DALLAS COUNTY CDBG PROGRAM

SECTION 1. PURPOSE.

These policies shall govern the operation of Dallas County's Community Block Gran! (CDBG) program, as well as those activities funded with HOME assistance,

+ SECTION 2. PROGRAM EMPHASIS.

The Dallas County's Community Development Block Grant (COBG) program is designed to only undertake those projects and activities which assist low/moderate individuals and families households, eradicate blight, and/or eliminate those conditions which threaten a community's health, welfare, or safety, However, regardless of which of these three categories a specific project falls into, at least 70 percent of the CDBG program's total expenditures, over a three-year period, must be directed to those projects where the principal beneficiaries are of low/moderate income,

2-0 SECTION 3. OBJECTIVES AND PRIORITIES.

Dallas County, with the assistance of the public and the cities that participate in the CDBG program, will establish community development objectives and priorities to guide the allocation of its federal housing and community development funding, Funded CDBG/HOME projects should thus generally be compatible with these stated objectives and priorities unless it can be suitably demonstrated why another objective or priority should be pursued,

~ SECTION 4. ADMINISTRATIVE EXPENSES.

The administrative expenses that Dallas County incurs for operating this program will be financed out of the CDBG program's annual entitlement In no instance will the twelve-month CDBG administrative budget exceed len percent of the total funds available,

4c SECTION 5. MUL Ti-JURISDICTIONALICONSORTIUM-WIDE PROJECTS.

For projects that will benefit residents of atl multiple CDBG-participaling municipalities, the County may reserve a portion of the program's CDBG/HOME funds for said projects,

&0 SECTION 6. ALLOCATION OF FUNDS.

CDBG J==:funds will be allocated to ali interested participating cities and the County's unincorporated area using the formula that is described in Appendix g 8. The amount of funds thai will be allocated through this formula will be equivalent to the total amount of funds that the County has available minus the funds thaI are budgeted for administration and any mulli-jurisdictionailconsortium-wide projects.

Only those cilies that have entered into a formal cooperative agreement with the County or Ihe County, on behalf of its unincorporated area, can receive CDBG funding from this formula; other entilies can only receive funding if the County or a city wishes to allocate a portion of its annual award 10 this entity. However, such suballocating will only be permitted if the proposed activity will occur within the jurisdiction that is suballocating ils award.

HOME funds will be allocated by the County for mulli-jurisdictional/consortium-wide projects, for community housing development organization (CHDO) projects, for unique projects proposed by participating cities, and for the administrative costs associated with the implementation of all such projects.

&.. SECTION 7. PROJECT DEVELOPMENT/REVIEW.

Participating cities will be responsible for determining how they wish to utilize their CDBG award, Except for using the award to cover the costs of managing its allocation, cities may undertake any CDBG-eligible activity (see Appendix C). Cities, with County concurrence, may also hold all or a portion of their award in reserve for more than one year for use in another project if such action does not endanger the County's ability to meet HUD's annual expenditure requirements,

Once cities have determined how they wish to utilize their CDBG allocation, the County will ooly review the proposed activities to ensure that they are eligible, that they meet HUO's various requirements, that they will enable the County to satisfy HUD's annual CDBG spending requirement, and that there are sufficient funds available to undertake the activities. In the event that an activity is not eligible, is not sufficiently funded. or does not meet all of HUD's requirements or enable the County to meet HUD's annual CDBG spending requirement, then the County will require the City to appropriately revise or change the activity,

'h SECTION 8. TECHNICAL ASSISTANCE.

Dallas County CDBG staff will be available to assist all eligible entities in developing and preparing projects.

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&c SECTION 9. CITIZEN PARTICIPATION.

The Dallas County CDBG program will be operated in accordance with the Citizen Participation Plan outlined in Appendix A ~.

fh SECTION 10. COMPLIANCE.

All eligible entities must agree to abide by all relevant County, Federal and State laws, regulations and policies .

.:uJ..c SECTiON 11. DISPLACEMENT.

Dallas County will seek to minimize the displacement of businesses and/or households through the steps outlined in Section 10, Appendix A~.

-+h SECTION 12. ELIGIBLE PROJECTSI AND ACTIVITIES.

The CDBG program can be used to finance those projectsl or activities generally described in Appendix C and as defined in Section 05(a) of the Federal Housing and Community Development Act of 1974, as amended 24 CFR 570.201-206. Such projects and activities include, but are not limited to:

A. Acquisition of real property; B. Code enforcement and demolition; C. Housing rehabilitation/reconstruction: D. Homeownership assistance; E. Construction or replacement of sidewalks. streets, parks. drainage

systems, water lines, and sewer lines; F. Public services; G. Planning studies; H. ADA-accessibility improvements; I. Economic development assistance; J. Historic preservation; and K. Relocation assistance.

~ SECTION 13. INELIGIBLE PROJECTS AND ACTIVITIES.

The CDBG program generally cannot be used to finance such projects as: those projects or activities described in 24 CFR 570.207. Such projects and activities generally include, but are not limited to:

A. The construction of buildingsl or facilities used for the general conduct of government;

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4 '

B. The general operation of government; C The financing of political activities;

The acquisition of vehicles and construction equipment; E. The provision of income payments; and F. The operation and maintenance of capital improvement facili!ies~, Go Those others defined by HUD.

-~ SECTION 14. ASSESSMENT.

Entities receiving CDBG funding for capital improvement projects are generally prohibited from levying special assessments (including service connections and "tap" fees) against properties owned by low/moderate income individuals who have benefited from this project unless the assessments seek to recover a portion of the capital costs not covered by the CDBG assistance.

#. SECTION 15. DEFiNITION OF LOW/MODERATE INCOME.

The Dallas County CDBG/HOME program shall use as its definition of low/moderate income that which is aRRuatIy periodically set by HUD.

~ SECTION 16. ACCESS TO INFORMATION.

All CDBG/HOME program materials shall be public information. available for review upon request.

~ SECTION 17. UNSATISFACTORY PERFORMANCE.

Entities who have falsified information contained within their proposals, who have violated state, federal, and/or County laws, regulations, or policies, or who have otherwise unsatisfactorily implemented past awards may be prevented from receiving future funding, may have current awards revoked, and/or may be liable for any program funds inappropriately expended. In addition. the County may pursue any other legal and administrative remedies that it believes are appropriate. The proGess for determining/imposing SUGh penalties is outlined in Appendix D. The County will only impose such penalties or pursue such action when it has had reason to believe that an offense or inadequate project performance has occurred, when it has fully investigated the alleged violation/deficiency, determined that such a violation/deficiency has occurred. and provided the entity with an opportunity to respond to the determination and to the recourse that the County proposes taking against it.

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+;L SECTION 18. CHANGES IN POLlCY.

Dallas County will not formally change any CDBG policy without first consulting with fls notifying the participating municipalities in advance of any proposed changes.

+&c SECTION 19. EXCESSIVE OR DEADLY FORCE POLICY.

In accordance with Section 519 of Public Law 101-140, the 1990 HUD Appropriations Act, Dallas County certifies that its Sheriff's Department has adopted and is enforcing a policy prohibiting the use of excessive force against any individuals engaged in nonviolent civil rights demonstration; such polioy is contained in the Sheriff Department's Code of Conduct, Chapier VI, "Protection of Prisoners, Their Rights and Their Property;" Chapter VIII, Section 8.06, "Use of Deadly Force;" Chapter IV, Section 4.01, "Professional Conduct and Personal Bearing;" and Chapter \I, Section 5.03, "Responsibilities and General Conduct on Duty".

-'I-fh SECTION 20. DRUG-FREE WORKPLACE.

In accordance with the Drug-Free Workplace Act of 1988, Dallas County hereby certifies to HUD that it will provide a drug-free workplace by:

A Publishing a statement, in the form of a memorandum, notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;

B. Establishing a drug-free awareness program to inform employees about:

(1) the dangers of drug abuse in the workplaoe; (2) Dallas County's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employees

assistance program; (4) the penalties that may be imposed upon employees for drug abuse

violations occurring in the workplace,

c. Making it a requirement that each employee that is engaged in the performance of the grant be given a oopy of the memorandum required in paragraph (A);

D. Notifying the employee that as a condition of employment under the grant, the employee will: (1) abide by the terms of the above memorandum and County policy, and (2) notify the employer of any

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43

criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;

E. Notifying HUO within ten days of receiving notice from an employee or otherwise receiving actual notice of such conviction;

Initiate one of the following actions, within 30 days of receiving notice under subparagraph 0(2), with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved by a Federal, State, or local health, law enforcement, or other appropriate agency;

G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of the above paragraph; and

H. Defining the workplace annually in the County's COSG application for federal assistance.

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APPENDIX Ii! A

CDBGIHGME ALLOCATION FORMULA

Dallas County CDBGiHOME funds will be allocated using a formula that takes into account the number of people living within the program's service area and the percentage of them being low/moderate income.

25% of the funding that will be allocated by the formula will be determined by an entity's population. In order to calculate this share of an entity's funding, the total population of the eligible cities that are interested in receiving CDBG/HOME funding and the percentage of the total population living within each interested city are calculated. Each city will then receive partial funding equal to its percentage of the total population.

The remaining 75% that will be allocated by the formula will be determined by the percentage of an entity's population being low/moderate income. In order to calculate this share of an entity's funding, the low/moderate income percentages for every eligible city interested in receiving CDBG/HOME funding are added together, and the proportion of this total that each city contributes is calculated with each city receiving funding equal to this proportional amount.

Combining the amounts from the two sets of calculations for population and low/moderate income produces the total award that a cily will receive.

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APPENDIX B

CiTIZEN PARTICIPATION PLAN

It is the intention of Dallas County and its participating cities to operate a CDBG/HOME program that actively provides for and encourages meaningful citizen participation in the development of CDBG/HOME projects, the Consolidated Plan, any substantial amendments to the Consolidated Plan, and the Plan's annual performance report In particular, the County will seek to encourage participation especially from thBS€ citizens who live in slum and blighted areas or posses low/moderate incomes, from public housing authorities. and from other low-income residents of targeted revitalization areas where assisted housing developments are located,

Accordingly, Dallas County will:

1, Provide staff assistance to any eligible entity, especially those that represent low/moderate income groups, that is interested in utilizing CDBG funding and funding from any other program covered by the County's Consolidated Plan,

2, Encourage local public housing authorities and Section 8 programs, residents or public and assisted housing developments. and other low­income residents of targeted revitalization areas where developments are located to participate in the process of developing and implementing the Consolidated Plan,

3, Require each public entity interested in making a utilizing County CDBG/HOME proposal funds to hold a public hearing for the purpose of encouraging so that the community can help identify that area's community development needs and comment on any potential funding proposals, Said public hearing will be held at times and locations that are convenient and accessible to the entity's residents,

4, Conduct at least two public hearings during each year for the purpose of identifying housing and community development needs, developing proposals and activities, and reviewing program performance,

5, Conduct at least one public hearing during the development of any Consolidated Plan before it is published for comment

6, Publish notices announcing times, dates and locations of these public hearings at least two weeks prior five days in advance to the of any meeting date in the non legal section of a general circulation

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46

newspaper as well as in two minority community newspapers. Also post a similar notice on the County's website at least five days in advance of any public hearing. Said public hearings will be held at times and locations that are convenient and accessible to actual beneficiaries and will provide accommodations for persons with disabilities.

7. Require that each public entity scheduled to hold a public hearing to post notices of this hearing in a manner consistent with the Texas Open Meetings Act

8. Ensure that an individual who is bilingual and familiar with the program atlends all public hearings for the benefit of non-English speaking people.

9. Before a Consolidated Plan is adopted, make available to citizens, public agencies, and other interested parties information which describes the amount of assistance expected to be received, proposed eligible activities to be undertaken, and the estimated amount of assistance that will benefit low-moderate income residents.

10. Actively seek to minimize displacement of persons and comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24. Dallas County will only approve and fund a project that will cause displacement, if, in its opinion, the benefits of the project significantly outweigh the social and economic costs of the displacement. When such a project is funded, the County and the applicant will fully comply with all state and federal relocation/compensation laws, and the County will assign staff to oversee, coordinate and give highest priority to all needed relocation/assistance efforts.

11. Consider any comments or views of citizens received either in writing Of

verbally at public hearings in preparing the final Consolidated Plan, any substantial amendments" and the performance report Comments will be maintained, and comments or views not accepted (and the reason for non-acceptance) will be attached to the final Consolidated Plan, amendment or performance report.

12. Provide Make copies of the proposed Consolidated Plan, amendment and performance report available to at libraries, government offices, public places and to citizens and groups requesting such.

13. Use the following definition criteria to determine substantial change and/or when an amendment to the Consolidated Plan is necessary:

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Any change which physically--alters the location expands the target area of me !2 CDBG/HOME project or any other program covered by the County's Consolidated Plan or target area l2Y more than twenty percent or which moves the program or project to a totally different location, Any change which considerably modifies or affects the nature, purpose, or scope of the project Any change which raises or lowers the number of beneficiaries that equates to a change of twenty percent or more, Any change to the County's Consolidated Plan that requires the County to establish a priority for an activity that does not exist in the current Consolidated Plan, A decision to either not conduct a previously-approved activity or to conduct a new activity that is not currently included in the Consolidated Plan,

14, Provide for a 3D-day public comment period for proposed Consolidated Plans, substantial amendments and performance reports,

15, Announce the holding of such 3D-day public comment periods publishing a notice in the non-legal section of a general circulation newspaper as well as in l'.'IO minority newspapers and by posting a notice on the County's website,

16, Respond to all citizen requests for information, Develop information pertaining to the CDBG/HOME program and its proposed projects, Consolidated Plan, performance reports and amendments which can be made available at public hearings and for citizen inquiries, When written requests, complaints or comments are submitted, respond to them in writing within fifteen days,

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APPE.\'DIX C

ELIGIBLE PROJECTS/ACTIVITIES

The Dallas County CDBG Program can generally be used to fmance:

1. the acquisition of real property (including air rights, water rights, a ther interests therein) which is: (A) blighted, deteriorated, deteriorating, undeveloped, or· ppropriately developed from the standpoint of sound community development and wth; (B) appropriate for rehabilitation or conservation activities; (C) appropriate for the eservation or restoration of historic siles, the beautification of urban land, the conse ion of open spaces, natural resources, and scenic areas, the provision of recreational portunities, or the guidance of urban development; CD) to be used for the provisio f public works, facilities, and improvements eligible for assistance under this title; (E) be used for other public purposes;

2. the acquisition, construction, reconstruction, or ins lation (including design features and improvements with respect to such construction, r nstruction, or installation that promote energy efficiency) of public works, facilities (exc t for buildings for the general conduct of government), and sites for other improvements; s h projects thus include, but are not limited to, the installation/expansion of roads, sewer es, water lines, water/wastewater treatment plans, sidewalks, curbs, and drainage facilif ;

3. code enforcement in deteriorated or dete with public iiuprO-Vernents and services of the area;

rating areas in which such enforcement, together be provided, may be expected to arrest the decline

4. clearance, demolition, removal, rehabilitation (including rehabilitation which promotes energy efficiency) of buildings an improvements (including interim assistance, and fInancing public or private acquisition for bilitation, and rehabilitation of privately -owned propenies and including the renovation closed school buildings);

5. special projects directed to removal of material and architectural barriers which restrict the mobility and accessibili of elderly and handicapped persons;

6. payments to housin periods housing uni activities under

wners for losses of rental income incurred in holding for temporary to be utilized for the relocation of individuals and families displaced by

title;

7. ugh sale, lease, donation, or otherwise) of any real property acquired pursuant its retention for public purposes;

8. proVlSlO of public services, including, but not limited to, those concerned with employment, crime evention, child care, health, drug abuse, education, energy conservation, welfare or recr tion needs, if such services have not been provided by the unit of general local g ernment (through funds raised by such unit, or received by such unit from the State in

. ch it is located) during any part of the twelve-month period immediately preceding the date of submission of the statement with respect to which funds are to be made available under this title, and which are to be used for such services, unless the Secretary fmds that the

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discontinuation of such services was the result of events no! within the comm] of the umtof general local governmem, except that not more than 15 percent of the lO1al amount of any assistance proviced to the Coumy may be used for activities under this title for the current fiscal year for such activities;

9. payment of the non-Federal share required in connection with a Federal gr undertaken as a part or activities assisted under t.l:iis title;

10. payment of the cost of completing a project funded under Title I of Housing Act of 1949;

11. relocation payments and assistance for displaced individualS, famili businesses, organizations, and farm operations, when determined by the grantee to be ap, opnate;

12. activities necessary: (Al to develop a comprehensive comm ty development plan, and (B) to develop a policy-planning management capacity so that e recipient of assistance under this title may more rationally and effectively: (i) determine needs, Oi) set long-term goals and short-term objectives, (iii) devise programs and activ,o es to meet these goals and objectives, (iv) evaluate the progress of such programs in ace plishing these goals and .objectives, and (v) carry out management, coordination, and rno toring of activities necessary for effective planning implementation;

13. payment of reasonable administrative costs d carrying charges related to the planning and execution of community development a housing activities, including the provision of informa.tion and resources to residents of eas in which community development and housing activities are to be concentrated with r pee! to Lhe plar.L.1ling and execution of such activities! and inducting the carrying out of acf ties as described in Section 701(c) of the Housing Act of 1954 on the date prior to the date f enactment of the Housing and Community Development Amendments of 1981;

14. activities which are carried ut by public or private nonprofit entltles, including; (Al acquisition or real property, (B) acquisition, construction, reconstruction, rehabilitation, or installation of (i) public fac' ties (except for buildings for the general conduct of government), site improvements, and Ilities, and Oi) commercial or industrial buildings or structures and other commercial or' ustrial real property improvements; and (C) planning;

15. grants and loans to neighborhood-based nonprofit organizations, local development ties organized under Section 301(d) of the SmaIl Business Investment Act

out a neighborhood revitalization or community economic development or 'on project in furtherance of the objectives of Section 101(c), including grants

ighborhood-based nonprofit organizations, or other private or public nonprofit , for the purpose of assisting, as part of neighborhood revitalization or other

development, the development of shared housing opportunities (other than by 'on of new facilities) in which elderly families (as defmed in Section 3(b) of the

States Housing Act of 1937) benefit as a result of living in a dwelling in which the fac' 'es are shared with others in a manner that effectively and efficiently meets the housing n ds of the residents and thereby reduces their cost of housing;

16. clivi ties necessary to the development of a comprehensive community-wide energy use strategy, which may include items such as:

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(A) a descriprlon of energy use and projected demand by secror. geographic area;

fuel type, and

(B) an analysis of the options available to the conununity lO conserve encourage use of renewable energy resources;

(C) an analysis of the manner in, and the extent to, which the communi revitalization, housing, and- economic developmenr strategies will conservation strategy;

(D) an 3Ilalysis of the manner in, and the extent to, which energy onservation objectives will be integrated inlO local government bUdgeting, land use anning and zoning, and traffic control, parking, and public transportation functio ,

(E) a statement of the actions the community will take 10 fo energy conservation and the use of renewable energy resources in the private se r, including the enactment and enforcement of local codes and ordinances to encoUt . e or mandate energy conservation or use of renewable energy resources, financial d other assiStance to be provided (principally for the benefit of low-and mode te-income persons) to make energy conserving improvements to residential stru res, and any other proposed energy conservation activities;

(F) appropriate provisions for energy emer

(G) identification of the local governme I unit resDonsibJe for administerin!! the ener!!v .'- ........ ...

of strateg-y;

(H) provision of a schedule for im mentation of each element in the strategy; and

(I) a projection of the savings' scarce fossil fuel constttnption and the development and use of renewable energy sources that will result from implementation of the energy use strategy;

provision of assistance to rivate, for-profit entItles when the assistance IS necessary or appropriate to carry out economic development project;

the rehabilitation or Housing Act of 193

ve]opment of housing assisted under Section 17 of the United State and

19, provision of dire assistance to facilitate and expand homeownership among persons of low and moderate' me by using assistance to: (A) subsidize interest rates and mongage principal amounts for w and moderate income homebuyers; (B) finance the acquisition by low and moderate' ome homebuyers of housing that is occupied by the homebuyers; (e) acquire guarantee or mongage financing obtained by low and moderate income homebuyers from

nders (except that amounts received under this title may not be used under this subp aph to directly guarantee such mongage financing and grantees under this title may not d' ectly provide such guarantees); (D) provide up to 50 percent of any downpayment

ed from low or moderate income homebuyers; or (E) pay reasonable closing costs no ally associated with the purchase of a home when incurred by low or moderate income

mebuyers.

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APPE:\1)IX D

~/o

PENAL TIES FOR CDBG/HOME VIOL~~NS ,,~'d"

J f/ ,r)*"

Dallas County may penalize those entities thar have eith,:;,¥,"falsified information on their funding proposals or who have violated State/Federal/Dallas Counwrules, policies, statutes and/or contractual obligations in implementing a CDBG/HOME aw¥cf or who have otherwise unsatisfactorily implemented a CDBGIHOME project. The pe,Wlnies that Dallas County may impose for such violations include: ",I"

,of"

1 . prohibiting the entity from jl!1e;Ving future funding; or 2. terminating/revoking aw".ef; or 3. requiring the entity lopeimburse HUD/Dallas County for unlawful, inappropriate or

unauthorized expen~es; or 4. any combination the above.

such penalties when it has first had some reason to believe an offense has been committed and fully investigated the alleged incident, confIrmed that such an impropriety has occurred, dete . ed the severity of the offense, consulted with HUD and the Dallas County District Attorney's Ice, and provided the applicant with ample opportunity to respond.

It should be n ed that HUD can impose similar penalties on Dallas County for any impropriety on its part and at the Commissioners Court wi!! also voluntarily penalize itself if an offense is caUed to iu; atter un aiid is confmned. Such violations should be reported to the Civii Section of the Dallas CountY. istric! Attorney's Office, 411 Elm Street, 5th Floor, Dallas, Texas 75202 and to the U.S. Dep ent of Housing and Urban Development, Region VI Office, 1600 Throckmorton, Fort Worth, T 5113.

II

TY DALLAS COD PUBLIC WORKS 10 JUN 23 PH 12: 58

June 22, 2010

MEMORANDUM

TO, Commissioners Court

THROUGH, Kenneth Mayfield, Commissioner, District 4

FROM: Selas Camarillo, Assistant Director - Property Division ~ SUBJECT, Resale of Tax Foreclosure Property to City of Grand Prairie for Public Purpose

1933 W. E. Roberts, Grand Prairie, Texas Cause No. TX-97-31261-TIJ, Dallas County, et al vs. Federa1ed Asset Management, EI Al

BACKGROUND OF ISSUE

Pursuant to Cause No. TX-97-31261-T/I filed in the 162nd ludicial District Court of Dallas County, the City of Grand Prairie (the "City"), Grand Prairie I.S.D. ("District") and County of Da]]as, collectively the "Taxing Authorities", recovered a Final Judgment on April 18,2002 on the real property located at 1933 W. E. Roberts (formerly Sherman Street), Grand Prairie, Texas (the "Property"). Pursuant to the Judgment, the Taxing Authorities requested the Sheriff of Dallas County sell the Property in order to recover monies owed to the Taxing Authorities as a result of unpaid and delinquent ad valorem property taxes, penalties, interest, fees and costs due and owing. The Property was ordered for sale on October J, 2002, however did not receive a sufficient bid as set by law and was struck off to the City of Grand Prairie (pursuant to Section 34.0 I of the Property Tax Code) for its own behalf and as trustee for the remaining Taxing Authorities.

The City is requesting Dallas County consent to its offer to purchase the vacant Property at the current Dallas Central Appraisal District value of$]5,000. The Property is described as Lots 2 and 3, in Block D of the G. W. Spikes Addition No. ], an addition to the City of Grand Prairie, Texas. The Property is zoned General Retail and consists of 15,000 square feet ofland.

The City's Dalworth Recreation Center is located in Block C of the G. W. Spikes Addition. The City owns several lots in Blocks C and D of this Addition and is interested in purchasing the subject Property for the expansion of its Recreation Center site. Pursuant to Court Order No. 2000-1423 any taxing jurisdiction that identifies a public need for a tax foreclosure property shall pay Dallas County the lesser of the (1) total taxes due Dallas County, Dallas County Community College District and Parkland Hospital District in the judgment plus court costs, or (2) Dallas County's pro rata share of the DCAD tax value, plus court costs, or (3) Dallas County's pro rata share of the appraised value, plus court costs, prior to Dallas County conveying its interest in the Property.

The City's offer of $15,000 is the 2010 Dallas Central Appraisal District's valuation of the property. The delinquent taxes owed on the Property to the Taxing Authorities have been paid in full. Apparently, the previous owner, Federated Asset Management, sold other real estate it owned and was required by the title company to satisry the outstanding judgments filed against the subject Property to clear title on the other property it was selling. Pursuant to Section 34.06 ofllie Texas Property Tax Code, the proceeds from the sale of the Property will be distributed to each taxing unit in an amount equal to the proportion each units taxes, penalties, interest bear to the total amount of taxes, penalties and interest adjudged to be due all participants in the sale.

IMPACT ON OPERATIONS AND MAINTENANCE

None.

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

Commissioners Court June 22. 2010 Page =:

STRA TEGJC PLAN COMPLIANCE

The subject request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) in partnering with the City allowing for the expansion of City owned facilities.

LEGAL L"IFORl\1ATION

Acceptance of tile District's proposal is compliance with Section 34.05(11) of tile Property Tax Code and exceeds the amounl required under County Policy (Commissioners Court Order No. 2000-1423).

FINANCIAL IMP ACT/CONSIDERA TONS

The first table below summarizes the County's policy in selling tax foreclosed property to one of the taxing jurisdictions which is a party to the judgment for a public purpose. The lesser of the three amounts as noted in (J) below is $324.55, being the total taxes due Dallas County, Dallas County Community College District, the Parkland Hospital District and the Dallas County School Equalization Fund in the Judgment plus court costs ($7,291.60 less payments of$7,291 .60, plus court costs of$324.55).

Under the City's proposal, Dallas County would receive approximately $2,976.84 or 21% of the $15,000 proceeds after payment of the City's management fee and court costs, an increase of $2,652.29 compared to the amount required under County policy of$324.55.

Summary of amounts due under Court Order 2000-1423:

<:---------------- LESSER OF: ------------> (1) (2) (3)

Taxes Due County, % DCADValue % Appraisal Court % of Judgment Amount et al in Judgment, Plus Court Costs Plus Costs Amount due County Required Plus Court Costs Court Costs Under PoHcy

($7,291.60 + $324.55) ($15,000 x 21%+$324.55) ($7,291.60/$35,238.46)

$ 7,291,60 $3,150.00 N/A $2,954.17 21% $324.55 (7,291.60)* 324.55 (2,629.62)*

324.55 $3,474.55 $ 324.55 $ 324.55 * Payment Posted by Tax Office and/or DlStrzct Clerk s Office

Estimated distribution of proceeds based on City's Proposal:

Balance For County's Pro rata City's Less City's Less Distributioni Amount of Proceeds (21%) Purchase Management Court Amt Recovered Under Price Fees Costs Districts Offer ($14,175.45,21%)

$15,000.00 ($500) ($324.55) $14,175.45 $2,976.84

,

All calculations are estimates and may vary slightly upon confirmation by the law fmn of Linebarger, Goggan, Blair & Sampson, LLP and the City of Grand Prairie.

PERFORMANCE MEASURES IMPACT

No impact.

CommiSSlOners COlin JUDe ::. 2010 Page .3

RECOMMENDA nON

4

Pursuant to Section 34.05(i) of the Property Tax Code. the Director of Public Works Department recommends that the Commissioners Court: (l) consent to the sale of the tax foreclosed Property located at 1933 W. E. Roberts Street, Grand Prairie, Texas, to the City of Grand Prairie for $J5,000.00, being the current Dallas Central Appraisal District valuation, and (2) authorize the City of Grand Prairie as Trustee to execute a Quitclaim Deed to the City on behalf of the County to effectuate the sale of the Property, which has been jointly vested in the name of the Taxing Authorities.

If the Commissioners Court agrees, a Court Order authorizing the matters above will be placed on the next regular agenda.

APPROVED BY:

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

P AE:pe/SC /, C:!My D~nts!dtaxJPubJicPurpose/GrPr-193 3 WERoberts.Brf

Attachment

cc:' Gordon Hikel , Assistant District Attorney, Civil Division John R. Ames, Dallas County Tax Assessor/Collector Sheila F. Carter, Attorney, Linebarger, Goggan, Blair & Sampson, LLP Edward Lopez, Attorney, Linebarger, Goggan, Blair & Sampson, LLP

June 1,2010

Pam Easterling Property Supervisor Dallas County Public Works-Property Division 411 Elm Street, Suite 300 Dallas, Texas 75202

Re: Tax Foreclosure Property - 1933 W. E. Roberts, Grand Prairie

Pam Easterling:

The two lots at 1933 W. E. Roberts were struck off to the City of Grand Prairie, as trustee for the taxing jurisdictions, by Sheriffs Deed in October of 2002 for delinquent taxes, penalties, interest and cour! costs (copy attached with DCAD printout). These lots are adjacent to other properties on W. E. Roberts recently acquired by Parks and Recreation for expansion of the Dalworth Recreation Center site.

The City's Parks and Recreation Department would like to also acquire these two lots for the Recreation Center site. Pursuant to Section 34.05(i) of the Tax Code, we are requesting Dallas County's consent to the sale of these Jots to the City of Grand Prairie at the $15,000.00 DCAD valuation.

If you have any questions or need additional information, pJease contact me at 972-237-8156 or e-mail at Dwright@gptx.org. Your assistance in this matter is greatly appreciated,

;2~ Robert Wright Senior Right-of-Way Agent

c: Edward Lopez. Jr., LGB&S LLP Don Postell, City Attorney Bill Crolley, Director of Planning & Development Tim Shinogle, Parks & Recreation

Enclosures

R:\Right of V'/ay ALL\TAX RECOVERY\PARKS\1933 V·l E ROBERTS\DALLAS COUNTY LTR 6-1-1 O.doc

ENGINEERING DEPARTMENT p.o. BOX 534045 GRAND PRAIRlE. TEXAS 75053-4045 972/237-8141 FAX 972/237-8116

DaHas Central Appraisal District

Appraisal District

www.dallascad.org

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DISClAIMER The Dallas Central Appraisal District does 001 control Of guarantee the accuracy, relevancy, timeliness or completeness this data. DeAD assumes no legal responsibilities for the information represemed on this map. Users should independently verify the data on this map before making any conclusions based on this data.

http://dcadmaps.dallascad .org/ ARCIMS/lms?ServiceName=dcad_new&ClientVersion=4 .O&Form= True&Encode= False[ 6/22/2010 8:53 :43 AM]

To: From: Date: Subject:

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DALLAS COUNTY TAX OFFICE JOHN R. AMES, eTA TAX ASSESSOR/COLLECTOR

BRIEFING

Honorable Commissioners Court // ,/\(/ Honorable John R Ames, Tax Assessor/CoJJec!Oi~{?­June 29, 2010 Interloca] Agreement between City of DeSoto and Dallas County Participation in Dallas County Scofflaw Program

BACKGROUND: The City of DeSoto wishes to contract with the DalJas County Tax Assessor/Collector to refuse to register Of fe-register certain motor vehicles when the County Tax Assessor-Collector receives information from the Texas Department of Motor Vehicles (the "Department") registration system that the owner of the vehicle has an outstanding warrant from the City for failure to appear or failure to pay a fine on a complaint that involves a violation of a traffic law under Section 702.001 of the Transportation Code. In addition, the Agreement addresses the circumstances in which the City may list debtors on Dallas County Wanted website ("DCW"). This will be the fifth city to enter into this contract. Garland, Dallas, Mesquite and recently Irving, are already partners in the scofflaw project.

OPERA TlONAL IMPACT: At this time, the impact to the Tax Office is small. When identifying a "scofflaw" flag on the TxDMV system, the motor vehicle clerk in the tax office will give the customer an instruction sheet explaining the steps necessary to resolve their outstanding fines and/or fees, along with a map showing directions to the Municipal Court Offices.

FINANCLII.L IMPACT: No additional staff is needed for the Tax Office at this time. Dallas County will gain revenue in the amount of $5.24 per vehicle record eligible for flagging as defined by TxDMV. If records are unable to be flagged by TxDMV, they will be listed on Dallas County Wanted for $1 per record.

STRATEGIC PLAN: This recommendation meets the County's Strategic Role #J, Traditional Service Provider - ensures the maintenance and delivery of programs and services for Dallas County stakeholders.

LEGAL: The Dallas County Judge's signature is required on the contract after approval from Commissioner's Court. The contract has been reviewed and approved by the DA's Civil Division.

RECOMMENDATION: The Dallas County Tax Office recommends that this contract with the City of DeSoto be approved and executed.

Mission Statement

Provide Dallas Coum), Citizens with Excellent Service using Innovative TeChnology {Q Ensure Quality Collections.

Records Building. 500 Elm St • Dallas, TX 75202. 214"653·7811

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

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INTER LOCAL AGREEMENT

This Agreement made and entered into this 1" day of June 2010, by and between the County of Dallas, hereinafter referred to as "County", with the agreement, consenL and participation of the Dallas County Tax Assessor/CollectoL hereinafter referred to as the "County Or County Tax Assessor/Collector", and the City of DeSoto, a Texas home­rule municipal corporation hereinafter referred to as "City", under the authority and in accordance with the lnterlocal Cooperation Act, as set out in Chapter 791, Texas Government Code, and as authorized by Texas Transportation Code, Chapter 702.

WITNESSETH:

WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and

WHEREAS, the County and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and

WHEREAS, Transportation Code §702.003 allows a county tax assessor/collector, upon receipt of information from a municipality by and through the Texas Department of Transportation motor vehicle registration system, to assist a municipality in the enforcement of outstanding warrants of arrest for the failure to appear Or failure to pay a fine on a complaint that involves the violation of a traffic offenses by refusing to register or re-register a motor vehicle; and

WHEREAS, Transportation Code §702.003 further allows a municipality to contract with the County to provide the necessary information to a county for the above determination by the county tax assessor/collector to deny motor vehicle registration or re-registration to certain persons; and

WHEREAS, Transportation Code §707.017 allows a county tax assessor/ collector to refuse to register a motor vehicle alleged to have been involved in a violation of Chapter 707 of the Transportation Code where the owner of the motor vehicle is delinquent in the payment of a civil penalty imposed under Chapter 707; and

WHEREAS, such a consolidated effort in the effectuation of Texas Transportation Code, Chapter 702 and 707, are in each party's best interest and that of the public and that this agreement will increase the effective and efficient functioning of each party; and

Interiocal Agreemenl.Scofn3w June 2009 J of 9

WHEREAS, both the City and County represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and

WHEREAS, the County and the City speCify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party,

NOW THEREFORE, this contract is made and entered into by County and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("the Agreement"):

], PURPOSE OF AGREEMENT.

The purpose of the Agreement is to state the terms and conditiDns under which the CDunty Tax Assessor/Collector will refuse to register or re-register certain motor vehicles when the CDunty Tax Assessor/CDllectDr receives information from the Texas Department Df TranspDrtatiDn (the "Department") mDtor vehicle registration system that the owner Df the vehicle has an outstanding warrant from the City for failure to appear or failure to pay a fine Dn a complaint that invDlves a violation of a traffic law, as defined by section 702,001 Df the TranspDrtation Code, as authDrized and specifically set Dut under sectiDn 702,003 of the Texas TransportatiDn Code, and/or the registered vehicle owner owes the City mDney for a civil penalty imposed under Chapter 707 Df the Texas Transportation Code that is past due, as authorized and specifically set out under section 707.017 of the Texas TransportatiDn Code. In addition, the Agreement addresses the circumstances in which the City may list debt Drs Dn Dallas County Wanted website ("DCW"),

2, DUTIES OF THE CITY.

2,1 The City shall contract with the County to provide information to enable the CDunty Tax Assessor/Collector to identify flagged vehicle owners to determine which vehicle Dwners have an Dutstanding warrant from the City for failure to appear or failure to pay a fine Dn a complaint that involves a violation Df a traffic law pursuant to the Texas TranspDrtation CDde and/or the registered vehicle owner owes the City money for a civil penalty imposed under Chapter 707 of the Texas TranspDrtation Code that is past due, The City will comply with all provisions of the Texas Transportation Code as welJ as all Dther applicable laws of the State Df Texas while in the performance Df its duties and obligations under the Agreement

2.2 The City shall notify the County Tax Assessor/Collector within the next business day when a traffic law maner is cleared regarding a person:

2.2,1 Against whom a judgment has been entered and who has paid the municipal CDurt the full amDunt of the fine or civil penalty and all court costs; Dr

Interloca! Agreement-Scofflaw June 2009 2 of 9

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" 7 C Who has perfected an appeal of the case for which rhe arrest \\-'arrant \vas 1ssued; Or

2.2.3 Whose charge for which the arrest 'lA/arrant \vas issued has been dismissed; or

2.2.4 Whose charge for which the arrest warrant was issued has been eieared through judicial action or clerical correction.

2.3 The City shall provide necessary notice forms that a traffic law maHer is cleared for presentation to the Counly Tax Assessor/Collector pursuant to Section 2.2 above on a form that is acceptable to the County.

2.4 The City shall provide to the County instruction sheets in a form acceptable to the County and maps for the County to distribute to flagged motor vehicle owners necessary to accomplish the purposes of this Agreement.

2.5 The City shall provide a telephone number or the location of an office where individual inquiries and complaints can be made regarding denial of registration by the County Tax Assessor/Collector due to outstanding City warrants and/or civil penalties that are past due, as weJl as to explain the procedures necessary to resolve the issues so as to obtain valid registration.

2.6 The City shall conduct a publicity campaign to explain when registration and re-registration will be denied and the procedures necessary to obtain valid registration. The publicity campaign shall include advertising by using at least three of the following:

2.6.1 Quarterly on the water bill; or 2.6.2 Sign in court room; or 2.6.3 Daily on the City'S website; or 2.6.4 Daily on the City'S cable channel; or 2.6.5 Quarterly on the City's newsletter

2.7 The City shall identify, by name, address, and telephone number, an individual or individuals who shall have authority on behalf of the City to coordinate, direct and supervise the Agreement.

2,8 Pursuant to Texas Transportation Code Section 702.004, the City shall insure that each city peace officer shall issue a written warning to each person to whom the officer issues a citation for a violation of a traffic law in the municipality that slates that if the person fails to appear in court as provided by law for the prosecution of the offense or fails to pay a fine for the violation, the person might not be permitted to register or re-register a motor vehicle in this state. The warning may be printed on the citation.

2.9 The City shall immediately recall all warrants for each individual who pays his/her fines and all court costs.

i muloeJi Agreemeni·Scofflaw June 2009 3 of 9

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2.W The Citv must provide the County with the license plate number of each vehicle the City would like to prohibit motor vehicle registration.

2.11 The City shall provide all records in an electronic format when adding, updating, or deleting records. The Count)' will provide an FTP location and format for these submissions.

2.12 The City has the sole discretion to provide the County with a vehicle record to prohibit motor vehicle registration. However, the City shall only include those vehicle records that involve a violation of a "traffic law", as defined by section 702.001 of the Texas Transportation Code.

3. DUTIES Of THE COUNTY

3.1 The County Tax Assessor/Collector, and his subcontractors, shall:

3.1.1 Enter into an interlocal agreement with the Department to transmit all necessary vehicle information received from the City to the Department which will enable the Department to flag eligible vehicle records in the Department motor vehicle registration system so that the County may withhold registration pursuant to the Agreement

3.1.2 Transmit vehicle records received from the City to the Department to determine if vehicle records are eligible for flagging according to the lLA between the County and the Department

3.1.3 Review the Department motor vehicle registration system for traffic violation flags for all individuals who attempt to register any vehicle without the three-part renewal form issued by the State of Texas.

3.1A Refuse to register or re-register all motor vehicles which are flagged in the Department of motor vehicle registration system as having outstanding City warrants for traffic violations or outstanding civil penalties imposed under chapter 707 of the Transportation Code.

3.1.5 Distribute the instruction sheet to flagged motor vehicle owners that will explain the steps necessary to resolve their outstanding traffic violations, including any Court fines and fees and to obtain vehicle registration, and a map showing directions to the Municipal Court Bond Offices, if said instructions and map are furnished by the City.

3.1.6 Distribute an instruction sheet with a telephone number and office address to individuals who want to complain about registration denial if said instructions and address are furnished by the City.

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3.:;' The Countv Tax Assessor/Collector, and his subcontractors. shaH register or re-register a motor vehicle upon receipt of notice from the City that the motor vehicle owner's traffic law matter is cleared pursuant to Section 2.2 above.

3.3 The County Tax Assessor/Collector shall at anv rime have the sole authority and prerogative to register or re-register a motor vehicle

4. CONSIDERATION AND PAYMENT.

The City shall pay to County the amount of five dollars and twenty four cents (S5.24) per vehicle record eligible for flagging as defined by the Department. Vehicle records that are unable to be flagged are listed on DCW. If other records are listed on DCW, the City shall pay to County the amount of one dollar and no cents (£1.00) per record listed on DCW. All vehicle records that are flagged are automatically listed on DCW with no additional Charge. All payments shall be made payable to lohn R. Ames, Dallas County Tax Assessor/Collector to the following address:

DaJlas County Tax Assessor/Collector 500 Elm Street Records Building Dallas, Texas 75202

A deposit of at least Ten Thousand Dollars ($10,000) must be maintained in a non-interest bearing escrow account This initial deposit is to cover estimated service use. The escrow account must be established with County prior to placing or removing "flags" from motor vehicle records for the City. Payment of the deposit shall be made by check. payable to the "Dallas County" and is due upon execution of this contract. The Ten Thousand Dollars ($10,000) minimum balance to be maintained in the escrow account may increase depending on established monthly usage by the City. The City may deposit additional funds into the escrow account in excess of the stated minimum balance. When it becomes necessary to increase the City·s escrow account minimum balance, as determined by County, the City agrees to pay the sum in increments of Ten Thousand Dollars ($10,000). This additional funding is payable within ten (10) days from receipt of notification from County.

County will provide a statement to the City which indicates the remaining balance in the City'S escrow account. A statement will be provided by County monthly. If the balance in the non-interest bearing escrow account falls below the Five Thousand Dollars ($5,000) minimum balance, County will suspend placing or removing "flags'· from motor vehicle records for the City until such time as a deposit is made by the City, in an amount sufficient to increase the balance in the escrow account to the Ten Thousand Dollars ($10,000) minimum balance.

On or before April 1 of any year during the term of this Agreement, either party may request a modification in the consideration paid under the terms of this Agreement. Said modification, if any, shall take effect on the first day of the next contract year. If the County and the City cannot reach an agreement on the amount of consideration to be paid, then either party may terminate the agreement in accordance with Section 5.

!nterloca! Agreemer.;.Scofflaw June 2009 5 of 9

, TERM AND TERMINATION.

This ]nterlocal Agreement shall be effective upon its date of execution by the last party to execute the Agreement and shall terminate on December 31, 2010. The agreement shall automatically renew for successive one-year terms. This agreement may be terminated at any time by either party upon sixty (60) days wrillen notice to the other parties.

6. NOTICE.

Official notice shall be by written notice and delivery to all of the parties to [his Agreement. Delivery shaH be by fax or deposit in the United States Posta] Service, first class, return receipt requested to:

TO THE COUNTY TAX ASSESSOR-COLLECTOR:

TO THE CITY:

7. INDEMNIFICATION.

John R. Ames, CT A Dallas County Tax Assessor/Collector 500 Elm St., Records Building Dallas, Texas 75202

Dallas County Auditor's Office 501 Main Street, Suite 407 Dallas, Texas 75202

The City of DeSoto C/O Office of the Mayor 211 E. Pleasant Run Rd. DeSoto, Texas 75115

The City of DeSoto City Manager's Office 211 E. Pleasant Run Rd. DeSoto, Texas 75115

County ami City agree that both County and City shall each be responsible for their own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any sovereign or governmental immunity available to either County or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant 3ny rights, contractual or otherwise, in or to any third persons or en lilies.

Interloci:l1 Agreemem·Scofflaw June 2009 00[9

8. FISCAL }T~mC\iG.

Notwithstanding anything to the contrary herein, this Agreemenl 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 as regards this Agreement specifically including any funding by County of this Agreement in the event that the County is unable to fulfill its obligations under this Agreement as a resuit of the lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure of any funding party to budget or authorize funding for this 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 funds from a separate source or terminate this Agreement. In the event that payments or expenditures 3fe made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

Notwithstanding anything to the contrary herein, this Agreement 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 Agreement, specifically including any funding by City of this Agreement in the event that the City is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this or failure of any funding party to budget or authorize funding for this Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City, as its sale discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

9. VENUE.

Venue to enforce this Agreement shall lie exclusively in Dallas County, Texas.

10, NONDISCRIMINATION.

Parties to this Agreement shall not discriminate on the basis of face, color, national origin, sex, religion, age, disability, sexual orientation.

11. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided.

Ifllerlocai Agreement"Scofflaw June 2009 7of9

J2 SEVERABILITY.

an\' provision of this Agreement shall be held invalid, void or unenforceable, Ihe remaining provisions hereof shaH not be affected or impaired, Imd such remaining provisions shall remain in full force and effect.

13. DEFAULT/WAIVER/MITIGATION.

It is not a waiver of default if the non-defaulting party faiis 10 declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law.

14. FEDERAL OR STATE OF TEXAS FUNDING.

In the event that any work or part thereof is funded by State of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, City agrees to timely comply therewith without additional cost or expense to County.

15. HEADINGS.

The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision.

]6 NUMBER AND GENDER

Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise.

17. COUNTERPARTS.

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument

18. REMEDIES.

This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative.

Interlocal Agreement-Scofflaw June 2009 ~ of 9

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19. APPROVAL

This agreement is expressly subject to and contingent upon formal approval by the DaJlas County Commissioners Court and by resolution andlor approval of agreement of the respective City Council.

IN WITNESS WHEREOF this Agreement has been executed on behalf of the County of DaJlas and the City of DeSoto in the manner provided by law.

THE CITY OF DeSOTO

Jim Baugh, City Manager Date: _____ _

ATTEST:

Laura Hallmark, City Secretary

APPROVED AS TO FORM:

Joseph J. Gorfida, Jr. DeSoto City Attorney

THE COUNTY OF DALLAS

Jim Foster. County Judge Date: _____ _

RECOMMENDED BY:

John R. Ames, CTA, Tax Assessor/Collector

APPROVED AS TO FORM:

Chief, Civil Section *Dallas County District Attorney

"B} law. the District Attorney's Office may only advise Of approve contracts or legal documents on hehalf of ils clients. j! 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. OUf approval of this documen! was offered solelv for the benefit of our client. Other panies should not rely on this approvaJ, and should seek review and approval by th-eir own respective 3uorney(s).

]nier]OCil] Agreemen!-Scoff]:Jw June 2009 9 of 9

DALLAS COUNTY TAX OFFICE JOHN R. AMES, eTA TAX ASSESSOR/COLLECTOR

BRIEFING

Date: June 29, 2010

To: Honorable Commissioners Court

From: Honorable John R. Ames, CTA Tax Assessor/Collector

Re: Contract between the City of DeSoto and Dallas County for Tax Collection Services

BACKGROUND: The City of DeSoto wishes to contract with the DalJas County Tax Office to provide tax assessing and collecting services. The City'S Management as well as the City Council feels it is in the best interest of the taxpayers to receive a consolidated billing and collection service at a much lower cost than can be provided by them. This initiative will result in operational and staff savings for the city. There are currently 19,034 tax accounts, no out-of-county accounts and one PID at this time.

OPERATIONAL IMPACT: The conversion will take 60-90 days and begin spring of 2011. The proposed current and delinquent tax collections will begin on July 1,2011. The Dallas County Tax Office will be able to send a consolidated bill to the DeSoto taxpayers in October 2011, at the same time all the other entities statements will be sent.

FINANCIAL IMPACT: No additional staff is needed for the Tax Office at this time. Dallas County will gain revenue in the amount of $25,695 beginning in fiscal year 2011/2012 based on the current per parcel charge of $1.35.

STRATEGIC PLAN: This recommendation meets the County's Strategic Goal #1, Traditional Service Provider - ensures the maintenance and delivery of programs and services for DalJas County stakeholders.

LEGAL: The Dallas County Judge's signature is required on the contract after the approval from Commissioner's Court. The template of the contract has been approved by the DA's Civil Division.

RECOMMENDA nON: The Dallas County Tax Office recommends that this contract with the City of DeSoto be approved and executed.

Mission Stalemen!

Provide Dallas Coumy Citizens wi!h Excellent Service using lnnovalive Technology to Ensure QualifY Collections.

Records Building" 500 Elm SI .. Dallas, TX 75202 .. 214-653-7811

THE STATE 01<' TEXAS §

COUNTY OF DALLAS §

PROPERTY TAX ASSESSMENT AND COLLECTION SERVICES AGREEMENT Between DALLAS COUNTY, TEXAS And CITY OF DESOTO, TEXAS

On this day. Dallas County. Texas ("County") and the of DeSoto ("Taxing Unit") enter into the follo"ing Interlocal Cooperation Act Agreement ("AgreemenC):

1. 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 of the County to assess, bill and collect ad valorem property taxes for the Taxing Unit and to perform related governmental and administrative functions and services; and

Whereas, the panies 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 Therefore, in consideration of the premises and of the terms, provisions, and mutual promises herein contained, it is mutuaBy 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 terminate the same; such termination to be effective only if such written notice is provided to the other party on or before April 1 of the year in which the party intends for the Agreement to terminate. Such termination shall be effective September 30 following such notice.

HI, 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.

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 performed by the County.

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & CITY OF DESOTO- 2010

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

1. Calculate effective, rollback and sales lax rates within ten (10) business days of receiving all certified appraisal rolls from 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;

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;

4, Maintain, update and correct accounts as provided by applicable appraisal district(s);

5, Receive and deposit payment of tax monies on behalf of the Taxing Unit;

6, Disburse tax monies to the Taxing Unit daily based on prior day tax postings (and disburse the Taxing Unit's pro rata share of interest earned during any month on the investment of collected balances by the lSlh 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 Property Tax Code Sections 31.11 and 31,12, from available current tax collections of the Taxing Unit for making refunds;

K Approve and/or reject requests for waiver of penalty and interest for a delinquent tax owed to the Taxing Unit in accordance with Texas Property Tax Code;

9, Prepare and issue Tax Certificates in accordance with Texas Property Tax Code Section 31.08;

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 reports 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;

11, The County will retain a law firm to represent itself and/or the Taxing Unit for the collection of delinquent taxes and the handling of bankruptcy and litigation, The Taxing Unit may utilize a firm different than the one selected by the County and agrees to pay the County any and alJ additional costs the County may incur by administering additional tax collection law firms, Such additional costs shall be determined by the County and added to the rate charged per tax account as stated in

PROPERTY TAX ASSESSMENT & COLLECTION svcs BETWEEN DALLAS COUNTY & CITY OF DESOTO- 2010 2

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This Agreement. To the extent permitted b)' hn:v~ the County in connection v;ith any suit to recoyer the Taxing Unit ~s laxes has the right to sue in the County -s 0\\'11 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 applicabJe district court of Dallas County, to determine whether a taxpayer has complied with the prepayment of taxes requirement prior to appealing an order from 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 from this Agreement:

1. Any financiaJ 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

Counly and Taxing Unit agree and acknowledge that the COUllty'S liability to the Taxing Unit for allY 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 Unilllgree and acknowledge that County will 1I0t 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 no! extend to any claim the Taxing Unit may have hereunder with respect (0 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 surety bonds.

PROPERTY TAX ASSESSMENT 8. COLLECTION svcs BETWEEN DALLAS COUNTY & CITY OF DESOTO- 2010 3

VI. COOPER4TION

A. The Taxing Unit agrees to nansfer to the possession and control of the Coumy, without charge, copies of all records, in the format and/or medium in which they currently exist. that are necessary for the performance oftne duties and responsibilities oftlle 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 ("PlD") or any additions or deletions of an existing PlD. PlD rates must be adopted per SIOO of valuation as determined and certified by the applicable appraisal district(s). Each party agrees to grant the other pany free and open access, at reasonable times and without charge, to whatever information is needed for the mutual performance of the terms of this Agreement.

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

VI. NOTICE

Any notice or certification required or permitted to be delivered under this Agreement shall be deemed to have been given when personally delivered, orif mailed, seventy-two (72) hours after deposit of the 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 fonh 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

With copies to: Dallas County Tax Assessor/Collector Records Building - l;t Floor 500 Elm S1. Dallas, Texas 75202

VII. PAYMENT

TO TAXING UNIT: City Manager City of DeSoto 211 E Pleasant Run Rd. DeSoto, Texas 75115

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:

1. The sum of $1.35 per tax account billed in Dallas County and in the Taxing Unit that

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN OAlLAS COUNTY & CITY OF DESOTO - 2010 4

4.

5.

;/

is appraised andior certified bv the Dallas Central Appraisal District C·DCAU').

The sum of S2.20 per tax account billed outside of Dallas County and in the Taxing Unit til at is appraised and/or certified by DCAD.

The sum of S2.95 per tax account billed outside of Dallas County and in the Taxing Unit that is not appraised and/or certified by DCAD.

The sum of 52.75 per tax account billed for PJDs or Special Districts that are in the Taxing Unit and appraised and/or certified by DCAD.

The sum ofS2.95 per tax account billed outside of Da]]as County for PIDs or Special Districts in the Taxing Unit that are 110t appraised and/or certified by DCAD.

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

C The one lime cost of converting 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 from current collections of the Taxing Unit by January 31" 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 from the certified Tax Roll received from the applicable appraisal district(s) since certification. The Costs incurred and billed shall be paid by Taxing Unit no later than the 31" day of January each year. Payment not received by January 31" 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.

E. In the event that during the performance 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. !ffof any reason the Taxing Unit is unable to provide the County with any necessary tax rate account or related information 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 determined 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 such bond.

H. In the event that the Taxing Unit's tax rate is rolled back or otherwise changed after the

PROPERTY TAX ASSESSMENT & COLLECTION svcs BETWEEN DALLAS COUNTY & CITY OF DESOTO - 2010 5

County begins collections for the Taxing Unit in any given vear, the County will continue 10

act for the Taxing Unit in providing refunds to laxpayers or sending corrected billings only if the Taxing Unit, by written agreement, assumes the actual cost This cost shall be the aclua! cost of providing those extra services required by the rollback or change in the lax 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.

l. The County will also provide, at cost of service, any special requests from Taxing Unit or requirements, such as locally mandated changes thaI apply only to a city or school, or special district; response to natura] 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 terms that are more favorable than the terms of this Agreement unless the County gives prior written notice of the terms 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 party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party.

vm. GENERAL PROVISIONS

A. Terminology used in the Agreement shall be defined as interpreted by the Texas Property Tax Code.

B. Compliance with Laws and Venue/Jurisdiction. This Agreement shall be construed under and in accordance with the Jaws of the State of Texas. Exclusive venue for any legal actions between the parties arising from this Agreement shall be in Dallas County, Texas. The County Tax Assessor/Collector, in the performance of his or her duties under this Agreement, shall comply with all applicable laws, statutes, or regulations relating to the performance of this Agreement and any state agency with oversight of the Tax Assessing/Collecting Profession.

C. Severability. In case anyone or more of the 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 aJ] 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 agree that the local law of the County shall

PROPERTY TAX ASSESSMENT & COLLECTION svcs BETWEEN DALLAS COUNTY & CITY OF DESOTO - 2010 6

/4

apply to the procurement process of aDcjJlary services and goods.

F. Amendments. No modification. amendment. novation, renewal or otiler alteration of this Agreement shall be effective unless mutually agreed upon in writing and executed by the parties hereto. Any alteration, addition or deletion 10 the terms of this Agreement which are required by changes in federal Of State law are automatically incorporated herein without written amendment to this Agreement and shall be effective on the date designated by said ]3V,,' .

G. Default! Cumulative Rights! Mitigation. It is not a waiver of default if the non-defaulting party fails to declare a default or delays in taking any action. Waiver of any term, 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 terms, 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 Agreement 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 of the defaulting party hereunder or of any damages accruing by reason of the violation of any of the terms, 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 used in this Agreement shall be held and construed to include any other gender, and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. Headings are for the convenience of reference only and shall not be considered in any interpretation of this Agreement.

L Relationship of Parties. County and Taxing Unit agree that the terms and conditions of this Agreement do not constitute the creation of a separate legal entity or the creation of legal responsibilities of either party other than under the terms 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 and 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 performance 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 Immunity. This Agreement is expressly made subject 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

PROPERTY TAX ASSESSMENT & COLLECTION svcs BETWEEN DALLAS COUNTY & CITY OF DESOTO - 2010 7

75

Agreement is in any wa~' intended 10 constitute 3 waiver from liability thatlhe parties have operation orlaw. intended 10 benefit any Ihinl-parly beneficiary.

immunities from suit or Nothing in this Agreement is

IX, 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 terms and conditions, and that the execution and delivery of Agreement has been made by authorized representatives of each party to validly and legally bind the respective party to all terms, performances and provisions set fonh in this Agreement.

Executed this 1" day of June 20111.

COUNTY OF DALLAS

By: lim Fosler Dallas County Judge

Attest:

Recommended:

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

* Approved as 10 Form:

By: Chief, Civil Division Assistant District Attorney

CITY OF DESOTO

By: CarlO, Sherman Mayor

Laura Hallmark, City Secretary

CITY ATTORNEY

By: Joseph 1. Gorfida, Jr. City Attorney

~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 lrom the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney!s),

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & CITY OF DESOTO - 2010 8

(6

DALLAS COUNTY TAX OFF1CE JOHN R. AMES, eTA TAX ASSESSOR/COLLECTOR

BRIEFING

TO: Honorable Commissioners Court

FROM: Honorable John R. Ames, Tax Assessor/Collector

DATE: June 29, 2010

SUBJECT: Implementation of Positive Pay with Bank of America

BACKGROUND: Bank of America provides a program called "Positive Pay" where as when a check is presented to the bank they will confirm that the proper check number and amount is being issued on that check as supplied by the Tax Office.

OPERATIONAL IMPACT: The impact to the Tax Office is small. A file identifying all checks that were issued against each bank account will be created and uploaded to Bank of America daily. The bank will verify each check presented for payment against the defined parameters of the program as set by the Tax Office. Questions regarding the validity of checks will be verified verbally with the Tax Office and either accepted or rejected for payment.

FINANCIAL IMPACT: No additional staff is needed for the Tax Office and no cost will be incurred by the County.

STRATEG]C PLAN: This recommendation meets the County's Strategic Role #i, Traditional Service Provider - ensures the maintenance and delivery of programs and services for DalJas County stakeholders.

LEGAL: The Civil District Attorney's Division has reviewed the bank forms and the DalJas County Judge's signature is required on the Bank of America's Account Reconcilement Service Positive Pay Authorization Form.

RECOMMENDATION: The Dallas County Tax Office recommends that this security measure with Bank of America by approved and executed.

M js<;ion Statement

Provide Dallas County Citizens with Excellent Service using Innovalive Technology to Ensure Qua!i!y Collections.

Records. Building" 500 Elm SI .. Dallas, TX 75202 .. 214~6S3·7811

Bank of America ~ ~

7/ 'Account Rf'cn,n

i ABA NUMBER

NAME TITLE SIGNATURE

PHONE

NAME TITLE SIGNATURE

NAME TITLE SIGNATURE

PHONE

NAME i TITLE SIGNATURE

PHONE

NAME TITLE SIGNATURE

PHONE

NAME SIGNATURE

PHONE

00-35-01 ;:>9NSBW -OHJ7-2009 {EL) PS Page 1 of 3 Bank of America - Confidential

Service Positive Pay Authorization

and Coli ector of Taxes

«:' 2009 Bank oi America Corporahon

8 ACCOUNT RECONCILEMENT SERVICE - POSiTIVE PAY AUTHORJZAT10N FORM

Section E: ACCOUNT SETUP INFORMATION - MULTIPLE ACCOUNTS ThiS section should be used by the client to list multipJe accounts autr.oriLed to be setup tor ttle Positive Pay Service_ Additional page~

ACCOUNT NUMBER ABA NUMBER ~,

ACCOUNT NAME

" 2

3

4,

6

l2" --~~--i------_+I +-----------I 8 I I . r'~------~---- -----------------~

i 9,

10, I

11 , i I I I 12

13. i 'I

14, I I 15, I I 16, i !

17, "

I , I 18. I

,

19,

20,

Section F: CLIENT AUTHORIZATION '", '" " ' " ", "', " " "'"" ' "

In accordance with the terms and conditions of the service agreement(s) between Client and Bank for the applicable Authorized Individuals indicated in Section C and the Default Setting in Section A, Bank is notified of the designations and authorization assignments

< set forth above as IS authorized to act upon such notlflcatlon_. Chent has reviewed the applicable security procedure for the serVIce and agrees that it is satisfactor . This authorization shall remain in effect until written notice ot revocation is received and focessed b Bank.

Dated: ICLlENT'S LEGAL NAME)

(Signature)

(Print Name)

(Print Title)

OO.35.0129NSBW -01·07·2009 (EL) PS Page 2 013 Bank of Ameriea - Confiden1ial e· 2009 Bank oj America Corporation

, , ,

I

INSTRUCTIONS Section A:

Genera! lnformation

Section B: i Teller Positive Pay

ACCOUr;r @:ONCiLEMENT SERVICE - POS1T1VE PAY AUTHORIZA TION FORM

Company Name: Enter the name 01 your company

Action: Check the box indicating whether you are adding. changing or deleting account(s) tor the Positive Pay Service.

Account Type: Check the box Indicating the type of reconcilement service, if any, to be performed

on the account(s). Platform: Check the box indicating the Client Access Service you will be using for the Positive Pay

Service. Default SeWng: Check the box that the Bank is to use for disposition of all exception items on days that your Authorized individual fails to notify us of individual pay/return decisions by the applicable

cutoff time. The default is set at the account level. (I Account Number: Enter the account number that you will be usmg for Positive Pay service.

ABA Number: Enter the ABA number tor the account that you will be using for Positive Pay.

Account Title: Enter the title of the account that you will be using for Positive Pay.

Enter the primary and secondary contact tor Teller Positive Pay.

Section C: (I Issue Match - Check issue file to include added payee name field, Payee name submitted via I POS!TIVE PAY _ CASHPRO@ Issue file must match payee name as printed on the check,

ONLINE and SA Direct (I Sea! Match - The payee name and other critical check data is included as an encrypted seal on

Section D: Authorized Individuals

Section E: Account Setup Information -

Multiple Accounts

Section F: Client Authorization

Distribution

the face of the check when printed,

To assign a Authorized Individual to be used for contingency purposes only, you must provide us with the following information for each designee:

Name and title of the person being set up as an Authorized Individualior Positive Pay Authorized Individual's signature Phone number of the Authorized Individual Primary facsimile (Fax) number for the Authorized Individual E~mail address for the Authorized Individual, if avallable

• Total # of Authorized Individuals: Insert the total number of persons that you have listed on this form. If multiple pages, provide a grand total on the last page of the cumulative number of

Authorized Individuals.

This section should be used to list any additional accounts to be setup for Positive Pay. For contingency purposes, the Authorized individuals in Section C are authorized to perform Positive Pay functions for

these accounts.

If you are a new POSitive Pay customer, this form must be signed by an authorized signer, If you are an

II existing Positive Pay customer, this form must be signed by an authorized Signer or an authorized

individual with the applicable authorization.

,

Ii Enter the legal name of the customer, sign the form, print the name and title 01 the individuaJ(s) required

10 sign by your company, insert the telephone number, and the date of approval. !

I Return original to your Bank representative; retain a copy for your files.

Page 3 of 3 Bank of America - Confidential %-' 2009 Bank oj Amenca Corporation

June 29,2010

TO:

FROM:

SUBJECT:

Background/Issue

8

DALLAS COUNTY PURCHASING DEPARTMENT

The Honorable Commissioners Court

Linda Boles, Assistant Purchasing A~~ RFP for Temporary Personnel Services

A request for proposal has been written seeking solicitations from professional employment agencies for the purpose of hiring temporary personnel on an as needed basis for various Dallas County Departments.

The purpose of this briefing is to seek authorization to solicit Request for Proposals for Temporary Personnel Services.

Operational Issue The solicitation seeks to contract with a primary and secondary vendor based on five (5) job classification categories; Secretarial/Clerical, Election Personnel, Medical, Accounting and Light Industrial (see attached). The specifications, evaluation criteria and points were developed with the assistance of the primary users

departments (HRICivil Service, Elections and HHS). The rating criteria and points assigned are as follows:

l. Il. lll. IV.

Criteria Agency Profile Agency Support and Training Services Financial Considerations M/WBE Compliance

Maximum Points Allotted 10 35 40 15

The proposals will be evaluated and scored by representatives from the following county departments; HRiCivil Service, Ejections and HHS with the MIWBE Coordinator solely scoring the MIWBE Compliance category. After which, the committee will submit a recommendation for award to the Commissioners Court.

Stratehc Plan Compliance This RFP complies with Vision 3 of the Counly'S Strategic Plan by providing a safe, Secure and prepare government.

Recommendation It is the recommendation of the Purchasing Department that the Commissioners Court approve the attached Request for Proposal for Temporary Personnel Services and authorize the Purchasing Department to advertise solicitations in accordance with Texas Local Government Code 262.030.

Should the Court concur with this recommendation the Request for Proposal for Temporary Personnel Services will be solicited based on this briefing document.

613 Records Bldg., 6th Floor Dallas, Texas 75202 (214) 653-7431

DALLAS COUNTY PURCHASING DEPARTMENT

June 29, 20]0

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court ,

Linda S. Boles, Assistant Purchasing Agej}

Gloria McCulloch, Purchasing Contract Supervisor

Rationale for Requesting Briefing and Court Order on Same Day RFP for Electronic Payments Processing Services and Solution Provider for the Dallas County Tax Office E-Commerce Initiatives

In order to have electronic payment process service in place to meet 2011 tax season obligations, the Tax Office is requesting that the RFP for Electronic Payments Processing Services and Solution Provider for the Dallas County Tax Office E-Commerce Initiatives be briefed and court ordered during the Commissioners Court June 29, 2010, Court Session.

(COURT ORDER ON FORMAL AGENDA)

June 29, 2010

TO:

THROUGH:

FROM:

82

DALLAS COUNTY PURCHASING DEPARTMENT

Commissioners Court 1

Linda S. Boles, Assistant Purchasing Ag~')!:i Gloria McCulloch, Purchasing Contract Supervisor

SUBJECT: RFP for Electronic Payments Processing Services and Solution Provider for the Dallas County Tax Office E-Commerce Initiatives

Background/Issue A request for proposal has been written seeking solicitations from finns to provide electronic payments processing and management services from various types of credit and debit card transactions, electronic checks and Automated Clearing House (ACH) originations. The purpose of this briefing is to request authorization to proceed with soliciting requests for this service.

Operational Impact The intent of the solicitation is to enter into an initial one (I) year contract, with the option to extend for three additional one year periods, with a qualified finn who has demonstrated knowledge of setup, implementation and operation of managing of the electronic payment processing.

The rating criteria and points assigned are as follows:

Criteria

L

II. IlL IV. V.

Total

Cost to CustomerlUser through Convenience and Payment Processing Fees

Qualifications and Experience Capabilities Settlement Funding and Reporting Capahilities Equipment and System Capabilities MinorityfWomen Business Participation

Maximum Points Allotted

30

20 20 15 15

100

The scoring committee will include representatives from the following county departments: Tax Office, IT Services and the Auditor's Office. The MfWBE Coordinator will solely score the MfWBE participation fonns and the Treasurer's Office will be participating in the process as non-voting committee member.

Recommendation It is the recommendation of the Purchasing Department that the Commissioners Court approve the attached Request for Proposals for Electronic Payments Processing Services and Solution Provider for the Dallas County Tax Office E-Commerce Initiatives and authorize the Purchasing Department to advertise solicitations in accordance with Local Government Code 262. Subchapter C.

Should the Court concur with this recommendation, a Court Order is on today' s formal agenda in order expedite the process of releasing the RFP in order to have a solution provider and operational system in place by October 1,2010.

RFP 2010-XXX-XXX

Request for Proposals For

Electronic Payments Processing Services and Solution Provider for the Dallas County Tax Office E-Commerce Initiatives

Pre-Proposal Conference Date: XXXX Time: XXXX

Submittal Location and Time

Proposal Due Date: XXX, XX, 2010

DaUas County Purchasing Department Records Building

509 Main Street, 6th Floor, Room 623 DaHas, Texas 75202

2:00 PM, CST

NonCE

8 PROPOSERS:

All questions regarding this RFP or Solicitation are to be submitted in writing to Gloria McCulloch, Purchasing Contracts Supervisor with the Dallas County Purchasing Department via e-mail gwebb@daJJascounty.org or by fax (214) 653-7449 or via mail to Dallas County Purchasing, 509 Main Street, 6th Floor, Room 623, Dallas, Texas 75202. Please reference the RFP/Solicitation number on all correspondence to DalJas County. Any oral communications shall be considered unofficial and non-binding.

questions, comments and requests for clarification must reference the RFP/ Solicitation number on all correspondence to Dallas County. Any oral communications shall be considered unofficial and non-binding.

Only written responses to written communication shall be considered official and binding upon the County. The County reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

*NOTE: All addendums and/or any other correspondence (general information, question and responses) to this RFP will be made available exclusively through the Dallas County website for retrieval. Proposers are solely responsible for frequently checking this website for updates to this RFP. Addendums to this RFP can be located at the following web address: http://VI'WW.dallascounty.org/department/purchasing/currentbids.html (go to the appropriate RFP #, click on the appropriate hyperlink for viewing and/or downloading.)

3

INTENT

The intent of this request is to solicit Proposals from qualified agencies. companies. firms. and/or organizations to provide eiectronic payments processing services and serve as a solution provider.

Ul PRE-PROPOSAL CONFERENCE

A pre-Proposal conference will be held on held on July 15. 20]0. ] 0:00 a.m. CST, at the . Dallas. Texas, vv'hile attendance at the pre-Proposal conference is voluntary and not

a prerequisite to submitting a ProposaL it is stronglY reconunended that all Proposers attend.

The purpose ofthis conference will allO\\' potential Proposer s the opportunity to ask clarifYing questions associated with the scope of services, general and technical requirements, and to obtain a better understanding of the services and products required under thls RFP. All responses to the questions at the pre~Proposal conference win be oral and In no way binding to the County.

If you have questions regarding the conference/site visit, contact Gloria McCu]]ocn at 2]4.653.7433 or e-mail gwebb@dallascounty.org.

2.0 ADMINISTRATIVE INFORl'\1ATlON

2.] INCORPORATION OF PROPOSAL INTO THE CONTRACT

The contents oftbis RFP, and the selected Proposer's Proposal, cost and any negotiated changes wm be incorporated, in entirety, into the future fonnal Contract.

2.2 SCHEDULE OF EVENTS

Final 6123120] 0

Request for Proposals Issued:

Pre-Proposal Conference:

Deadline/Closing Date for submittal of written questions and inquiries regarding the RFP Email all questions and inquiries to gwebb@dallascounty.org.

Dallas County written response to questions and inquires Note: All addendums and/or any other correspondence (general information, questions and responses) to this RFP will be made available exclusively through the Dallas County website for retrieval. Proposers are solely responsible for frequently cbecking this website for updates to this RFP. Addendums and otber information regarding tbis RFP will be posted at tbe following web address URL: hltp://www.dallascounty.org/departmentlpurchasinglcurrentbids.html

Proposal Due Date:

Review of Proposals and Interviews (if required)

Recommendation to Commissioners Court

Court Order of Award Recommendation

All of the above dates are subject to changes as deemed necessary by Dallas County.

4

06-Jul-2010

IS-Jul-2010

20-Ju]-20 10

22-Jul-20] 0

02-Aug-2010

03-Aug-2010 Thru ]O-Aug-20JO

24-Aug-2010

3 l-Aug-201 0

86

2.3 COUNTY PROCUREMENT COORDINATOR

The main point of contact for this RFP shall be:

Gloria McCuiJoch Dallas County Purchasing Department Records Building 509 Main Street, 6" Floor, Room 623 Dallas. Texas 75202 214653-7433/214653-7449 Fax g\vebb@?daJlascounty.org

The main point of contact shaH hereinafter be referred to as tbe r""~·,,, Procurement Coordinator.

2.4 COMMUNICA TlON REGARDING THE RFP

2.4.1 Upon release of th15 RFP, all communications concerning this procurement must be directed to the County Procurement Coordinator. Unauthorized contact regarding the RFP with other County employees including elected officials or employees of the participating cities may result in the Proposer being disqualified.

2.4.2 AU commuDlcation should be in writing to the County Procurement Coordinator. Any oral communications shall be considered unofficial and non-binding. 'Written Comments, including questions and requests for clarification must reference the RFP number.

2.4.3 The County will accept written questions and inquires concerning the product and services described in this RFP. E-mail all question to gwebb@dallascounty.org. Deadline/Closing Date for submission of written questions and inquiries is July 20, 20] 0,5:00 pm., Central Standard Time (CST). All written questions are to be forwarded to the Procurement Coordinator indicated in Section 2.3 of this RFP. Please reference the RFPJSojicitation Number, Company Name, Representative Name and e-mail address on all written communication and correspondence to DaBas County. Only written responses to written communication shall be considered official and binding upon the County. Any oral communication shall be considered unofficial and non-binding.

2.4.4 The County Purchasing Department shaH respond in writing to written communications. Such response shall constitute an amendment (addendum) to the RFP. The County reserves the right, at its sole discretion, to detennine appropriate and adequate responses to the written comments, questions, and requests for clarification.

2.4.5 Official responses to wrltten communication wiH be provided by addendum.

2.4.6 NOTE: All Addendums 10 tbis RFP will be made available exclusively through the Dallas County website for retrieval. Proposers are solely responsible for frequently checking this websile for updales to Ihis RFP. Addendums 10 this RFP can be located at the following web address: httl':llwww.dallascoonty.org/deparlment/purcllasing/currentbids.html

2.5 PROPOSAL ERRORS AND OMISSION

Final 6123/20] 0

2.5. I Due care and diligence has been used in the preparation of this information, and it is believed to be substantially correct to secure comparable Proposals. lfa Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, he/she shall immediately notify Dallas County Procurement Coordinator of such errors in writing and request modification or clarification of the document. Any modification made to this RFP will be issued as an addendum and be posted on the Dallas County website hlip:l/www.dallascounty.org/departmenllpurchasing/currentbids,hlml

Any and all errors, omissions, or inconsistencies in the specifications are to be reported no later than July 20, 2010,5:00 pm., Central Standard Time (CST).

5

8

2.6 PROPOSAL WITHDRA \VAL

if 31 an)' time prior to the submission deadline of this Proposal. Proposer decides to withdraw its Proposal. that Proposer shall give \vritten notice. signed by an authorized representative. to the Dallas County Purchasing Department at 509 Main Street, 6th FJOOL Room 623. Records Building. After withdrawing a previously submitted Proposal, the Proposer rna:y submit another Proposal at any time up to the deadline for submitting Proposals.

2.7 ADDENDUM

Dallas County may institute changes or modifications to the RFP requirements at its discretion. Such changes andior modifications will be in the fann on addendum. All addenda will be numbered consecutIvely beginning with J. Note: All Addendums and any additional applicable correspondence (general information, questions!responses) to this RFP win be made avaHable ·'exchlsivejy" through the DaHas County ,,,ebsite for viewing/retrieval. Proposers are solely responsihle for frequently checking the website for "pdates to the RFP. Addendum(s) to this RFP can be localed at the following website: http://www.<iallaseounly.org/deparlment/purcbasing/currenlbids.hlml or go to the applicahle RFP/Solicitation number (#) and click on the associated addendum or general information hyperlink.

Downioutllnstructionfof'RFPs, solicitations, addendums, and general information documents:

Go to: htlp:!!www.dallascounty.org

Navigate to the far right hand column that reads: What are you searching for?

From the pull down menu labeled "Dallas County Departments" select Purchasing

You are now at the Purchasing Department website

Navigate to the far left hand column in click on "Bidding Opportunities"

You can now download any RFPs/Solicitations, addenduffis, and general infonnation documentation available on the website by click on the corresponding hypedink.

3.0 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS

3.1 PROPOSAL PREPARATION COSTS

Dallas County shall not be responsible or liable for any costs associated with the preparation, submittal, presentation, on­site demonstration Iweb presentation or other costs incurred by participating in this procurement process.

3.2 DlSCLOSURE OF PROPOSAL CONTENT

Final 6123120]0

3.2.1 Ownership of materials: Any materials submitted to County shall become tbe property of Dallas County.

3.2.2 Proposal lnfonnation: The Proposals are deemed to contain two types of infonnation: (i) confidential information, also known as "proprietary infom18tion" or "trade secret infonnation," which must be specifically designated bv Proposer in the Proposals; and (ij) non-confidential infonnation, which is infonnation not specifically designated as "confidential infonnation:'

3.2.3 Confidential infonnation means information that (i) qualifies as trade secret or proprietary under the law; and (ii) is designated as confidential infonnation as described below.

3.2.4 Management of Proposal infonnation: (i) All Proposal infonnation that is specifically designated by Proposer as confidential in/ormation, and meets the standard definition as such, including detail prices and cost information, shall be held in confidence during the evaluation process and thereafter to the extent authorized by law. (ii) lnfonnation not designated as confidential infonnation may be discussed in open meetings throughout the entire RFP procurement process and thereafter and will be made available to tbe public subject to the Texas Public lnfonnation Act. (iii) The County will uphold the confidentially of Proposer trade secrets to the extent authorized by law.

6

88

3.2 . .5 Designation ofconfldential information: All confidential information must be clearly ident{fied and separared by the Proposer and prior 10 ."ubmission of the Proposal.

3 .2.6 Duty of Confidentiality upon Proposers: Any infonnation diyulged publicly by any Proposers (e.g .. at an open meeting) shall, from that time fon,;ard, be deemed infomlation that is not designated as confidential infonnation. During all open meetings with the Commissioners Court, it is the duty of the Proposers to (i) timely assert any claim of confidentiality: and (ii) request confidential handling of any materials presented lO

the Commissioners Court during any open meeting.

3.3 REJECT10N OF PROPOSALS

3.3.1 Dallas County reserves me Tight, at ilS sole discretion, to reject any and all Proposals received in response to this RFP or to cancel this RtP in entirety as detennined to be in the best interests of Dallas County.

3.3.2 Any Proposal received which does not meet the requirements of this RFP) may be considered to be non­responsive, and the Proposal may be rejected. Proposers must comply with all ofthe tenns of this RFP and all applicable Federal, State and Local laws and regulalions.

3.3.3 Dallas County reserves the right, at its sole discretion, to waive any technicality in Proposals provided such action is in the best interest of Dallas County. Where Dallas County waives minor technicalities in ProposaL such waiver does not modify the RFP requirements or excuse the Proposer from fun compliance with the RFP. Notwithstanding any minor technicalities, Danas County holds any Proposer to strict compliance with the RFP.

3.4 All Proposals shall be clearly identified/marked and delivered by the due date in a sealed package with the following infonnation:

RFP 201O-XXX-XXX for Electronic Payments Processing Services and Solution Provider for tbe Dallas County Tax Office E-Commerce Initiatives

c/o Dallas County Purchasing Department XXXXX XXXXXXX Dallas, Texas XXXXX

Dallas County is not responsible for delays in the delivery of mail by the u.s. Postal Sen:ice, private couriers, or delivery by any other means. if is the sole responsibility of the Proposer to ensure that his/her Response/Proposal reaches the Purchasing Department b.J! the designated date and hour indicated on the Cover Page and/or Addendum, as applicable. Proposals may not be delivered orally, nor by facsimile electronic transmission, e-mail, or other telecommunication means.

3.5 All Proposals shall be valid for a period of one hundred eighty (J 80) days after the Proposal submission deadline. The one hundred eighty (180) days may be extended by mutual agreement of all parties.

3.6 Each Proposer must provide one (1) original copy and CD-ROM (Microsoft word [annat), and six (6) double-sided additional hard copies of the Proposal. One Proposal is to be clearly marked as "original" on the outside cover and contain original signatures. Hard copy Proposals shaH be presented in a professl0nal manner such as spiral bound, perfect bound or professional grade folder/ three ring binders.

3.7 Each Proposal submitted should be specific and complete in every detail. It should be practical and should be prepared simply and economically, providing a straight forward, concise delineation of capabilities to satisfactorily perform the Contract being sought.

final 612312010

The Proposer shouJd not necessarily limit the Proposal to the performance of the serv1ces in accordance wlth this document but should outline any additional services and their associated costs if the Proposer deems them necessary to achieve the County's task and objectives outlined in the RFP.

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8 e '-./

Each Proposal should contain a statement of all the sen-ices and products being proposed including conclusions and generalized recommendations. Proposals should be all-inclusive detailing your best offer. Additional reJated services should be incorporated into the Proposal if applicable. All infonnation presented in your Proposal must be relevant in response to a requirement of this RFP.

3.8 By submitting a Proposal, the Proposer represents that it has thoroughly examined and become familiar with the services required under this RFP and that it is capable of providing the sen/ices that will achieve the County's task and objectives.

3.9 Each Proposer must submit its Proposal in strict accordance with all requirements of this RFP and an agreement to fully comply with the requiremems must be stated in the Proposal. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items for the County·s consideration.

3.10 Proposer shan identifY and Jist all exceptions taken to all sections of RFP 20Hl-XXX and list these exceptions referencing the sectlon (paragraph) where the exception exists and identify Ihe exceptions and the proposed wording for the Proposer's exception. The Proposer will list these exceptions in the Best and Final Proposal under the heading, "Exception to the PROPOSAL, RFP 201O-XXX-XXXX

The County reserves the right to reject a Proposal as non-responsive, enter into negotiations on any of the Proposer exceptions or accept them outright

3,11 To aid in the evaluation, all Proposals shall follow the same general fannat. The Proposals are to be submitted in binders and have sections tabbed as below:

Final 6/23/201 0

3,1 Ll Proposals shall be prepared on standard 8-112" x II" paper Each page shall be consecutively numbered and identified sequentially by section. Proposals must be tabbed and indexed in accordance with the infonnation requested in the general and technical requirements. Foldouts that contain charts, spreadsheets, and oversize exhibits are pennissible. Tabs or other separators shaH serve to divide major sections of the Proposal. Manuals and other reference documentation may be bound separately.

3, 11,2 Transmittal/Cover Letter: A fonnal transmittal/cover letter on official company letterhead that contains the following: Letter of introduction, executive summary, and statement of interest. The transmittal/cover letter must be signed by person(s) with authority to bind the Proposer

The executive summary ofthe Proposal and any infonnation that you feel might be especially important to Dallas County. The statement of interest shall indicate Proposer's genera] interest and capabjlity to perform the project.

3.1 I J Acknowledgement of Addendum(s)

3, II A Contact Person: Please include the name, title, address, telephone number, fax number and e-mail of the key contact person for any questions regarding your Proposal. Include also the location of the office from which service wi]] be provided. with the hours of operation at that location.

3,1],5 Table of Contents

3,1 1,6 Statement of Qualifications and Background lnfonnation to include but not limited to:

3.11.6.1 Provide a broad overview of your organization understands of the RFP and state Proposer's expertise, capabilities, length of time in business, and other unique features that your organization can offer.

3.11,62 Describe your organizational structure and explain how Proposer qualifies to be responsive to the requirements of this RFP. This shouJd include Proposer size, distribution system, customer service structure, and number of employees relative to the product or service being offered.

3,1 ],63 Staff Qualification and Resources: Provide description of the key personnel and subcontractors' qualifications and experience in providing the services functions, and products described in the RFP. Include a description of assignments and responsibilities, resumes, professional experiences, licenses andlor certifications of the individual(s) and other pertinent infonnation. Provide qualifications and experience of Proposer's Project i\1anager on projects with similar scope, complexity and value.

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~ ] l,; lrnplementarioniVlork Plan: Describe in detailed the approach and methodologies that Proposer will employed to accomplish the tasks. scope of work' services and other activities outlined in this RFP. The \\'ork plan shall outline specific objectives. strategies, activities and resources.

3.11.7.1 Detail description ofProposer's technical approach fonhe services outlined in this RFP. The technical approach must demonstrate that Proposer is able to competently and timely perfonn all regUlred senices.

3.1] .7.2 Describe Proposer's approach to quality assurance/quality control procedures for perfonning the services and requirements outlined in this RFP.

3.] 1.7.3 Describe how the interaction between Proposer and the County v,.,m take place to ensure that the work is perfonned and reported in an accurate and timeJy manner.

3.1 1.8 Detail Cost and Fee Schedule showing customer cost for each transaction by product type

3.] 1.9 Response to questionnaire

3.11.JO References: Provide a minimum of five (5) different private sector clients and/or governmental agencies references that are comparable to Dallas County for which processing electronic payments have been perfonned within the past five (5) years. Each reference shall include the:

!II Company/Client Name, • Company Address, iii Contact Person and Title II Telephone Number, !II Fax Number, • E-mail address (if available), III Date and length of services provided

3.11.11 Financials: Proposer(s) shall provide with the Proposal proof of financial stability. The review will focus on the Proposer's statement onncome, balance sheet and cash flow statements. In order for the County to complete its financial review, the following documentation is requested:

III Audited financial statement (or if un-audited, reviewed in accordance with standards issued by the American Institute of Certified Public Accountant.) for the last two (2) years including income statements, balance sheets, and any changes in financial position.

iii Latest quarterly financial report and a description of any material changes in financial position

• Proposer's most recent Dun & Bradstreet, Value Line Reports or other credit ratings/report

3.11.12 Response to Minority/Women Business Participation Fonns

Proposer is strongly encouraged to solicit M/WBE participation. A Jist of certified North Central Texas Regional Certification Agency (NCTRCA) M/WBE finns may be obtained by contacting Dallas County Minority Business Office, Leffie Crawford at 214.653.6018.

3.1 J. 13 Proposal Exception, deviations andlor clarifications

3.1 ] .14 Additlonal Jnfonnation: Any information deemed necessary by the Proposer to ensure success of the project. Any exceptions that the Proposer would like to have for this project should be detailed. All attached forms shall be filled out and submitted as part of a Proposer's Proposal.

3.11.15 Conflict oflnterest Questionnaire

3.11.16 Insurance Affidavit

3.11.17 W9 Form

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4.0 EVALUATION PROCESS

4.1 EVALUATlON PROCEDURES

4.1.1 Management and coordination of the Proposal evaluation process including all meetings, requests, and documentation \vill be handled by the Procuremem Coordinator.

4.1.2 Revicv,,' of a1] Proposals to conformance of this RFP will be done b~/ an Evaluation ComInittee. Each Proposal \viH be independently evaluated by each Com"'11ittee member.

4.1.3 Proposals which substantially deviate from the basic intent of the RFP will be eliminated.

4.1.4 An assessment of the remaining Proposer(s) will be made to inciude a revie\v of the Proposer personnel's capability and the previous experience.

4.1.5 Verification of Proposer's references will be made.

4.1.6 If desired by the Evaluation Committee, written andlor oral presentations to supplement the Proposal for the purpose of clarification from selected Proposer(s) w]J] be requested. The time and place for ora] presentations win be announced at a later date, jf such a presentation is required.

4.1. 7 Evaluation of capability of the Proposer to participate in this particuJarprogram, including eligibility based on the Proposer's financial stability and viability will be made,

4.1.8 Recommendation of potential Proposer(s) will be made to Dallas County Commissioners Court.

4.2 EV ALUATJON PROCESS

Final 6/23/2010

The following guidelines will be used in analyzing and evaluating this Proposal.

4.2.1 Although cost of program to customer/user wi]] be a factor in Proposal evaluation, it is specifically a consideration of secondary lmportance 10 the needs and selection criteria identified in the RFP.

4.2.2 The County reserves the right to accept other than the lowest price Proposal.

4.2.3 An Evaluation Committee composed of various Dallas County departments and others will evaluate Proposals. Requests for presentations or clarification of portions of the Proposals may be considered. The Comminee will prepare a summary evaluation with an objective ranking of the Proposals.

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4.3 EVALLAT10!' A:"D SELECT10!' FACTORS

final 612311010

The E\'alUalion Conm1inee \-viil consider many factors (of \vhich cost 10 customer/user is only OTIe factor), and \\'ill recei\'e Proposals from all responsible Proposers, The objecti've is to enter i1110 a future Contract \\,'ith the besi qualified Proposer (s) at the best price, Each category shali be weighted as follows, and one hundred (100) points are the maximum total number of points, \vhich may be a\varded for a qualified ProposaL

Proposal Evaluation Categories and \Veights

Faclor J: CoS! 10 Costomer/User through Convenience and Payment Processing Fees

0-30 Points

Variables considered in evaluating this category will include but not be limited to the following:

Il!i Payment, Processing and Convenience Cost for On-line/Web Based Transactions for the following card types and applications:

ACH Electronic Check MasterCard VISA American Express Discover Card Debit Card

Il!i Payment, Processing and Convenience Cost for Interactive VOlce Response Transactions for the followlng card types and applications:

ACH Electronic Check MasterCard VISA American Express Discover Card Debit Card

II Payment, Processing and Convenience Cost for Point of Sale Transactions for the following card types and applications:

• Returned A CH • Monthly Account Charges Il!i Gateway Transaction Fees

ACH Electronic Check MasterCard VISA American Express Discover Card Debit Card

§ All other potentia] cost and fees associated with the proposed solution

Factor 2: Qualifications and Experience Capabilities 0-20 Points

Variables considered in evaluating this category will include but not be limited to the following:

• Company Background Il!i How long Proposer has been performing services required by the RFP II Project experience of the company in relation to the ability to provide scope and quality of service as outlined in

the RFP. • Method of approach of providing the services as outlined in the RFP

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• C ap3( 11)' and capabiiity of lhe b~lSll1eS5 10 perform the work. including any specialized services, \\:,ithm lhe lime Trame

s Past experiences and background regarding providing electronic pay-ment collection services as required in thlS MP.

D Proposed project team, members, and organizational structure, including an assessment of the capabilities oftlle team members who will be specifically involved in the project. The assessment may include an evaluation of educationai and prior work experience,

11 Account Management .. Implementation Tirneline III innovative or creative approach • Financial Statements • Financial Stability ., Customer/Client References from similar implemented electronic payment and collection services projects !!II Response to Questionnaire 1& Quality, Responsiveness and Completeness of the Proposal as it addresses the needs outlined in the RFP

Factor 3: Settlement Funding and Reporting Capabilities 0-20 Points

Variables considered in evaluating this category will include but not be limited to the following:

III Settlement Timeframe , Charge backs and reverse Timeframe • Ad-Hoc Reporting • Detailed Auditable Reporting • Downloadable transaction detail '" On-line Services III Exception Monitoring

Factor 4: Equipment and System Capabilities 0-15 Points

Variables considered in evaluating this category will include but not be limited to the following:

• Reliability and Ease afData Transfer • Types of Connectivity III Fraud Detectlon • System Security and Back-up Procedures • Equipment, peripherals and supplies to include type and quantity of equipment provided, supplies provided and

proposed plan for replacing/upgrading equipment

Factor 5: Minority/VVomen Business Participation 0-15 Points

• 'Certified NTCRCA M/WBE Finn (6 points)

• 'Certified NTCRCA M/WBE Subcontractors being utilized ( 6 points)

• Minority Makeup of Finn (3 points)

*North Central Texas Regional Certification Agency (NCTRCA)

*Certified by tbe North Central Texas Regional Certification Agency (NCTRCA)

Total Points 100 Points

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44 A ,VARD A\;D \;EGOTlA TlO\; PROCESS

The Proposer a\yarded or chosen pursuant to the proyisions of this section will not be based solely on price, bUl \NilJ include and be limited to evaluation criteria listed in the RFP. upon completion of1he evaluation process, the Evaluation Committee \:vill make a recommendation for ay\··ard to the Dallas Coumy Commissioners Court for appro'val of the negotiation for Contract for sen'ices requested in this SolicitationlRFP.

Negotiations mayor may not be conducted with the finalist(s); therefore, the Proposal submitted should contain Proposer's most favorable tenns and conditions, since selection and a\\.'ard may be made without further discussion or need for clarification.

Any exceptions to the terms and conditions of the proposed Contract or the statements regarding Proposer's inability to comply with any of the provisions thereof are to be declared in the Proposer's Proposal. Any additional exceptions to the terms and condjtions made by any Proposer after submission of its Proposal may result in elimination from further consideration.

U a satisfactory Contract cannot be negotiated in a timely manner, the County, in its sole discretion, may terminate negotiations with tbe seiected Proposer and begin Contract negotiations with the next highest ranked finalist.

5.0 CONTRACT TERMS AND CONDITIONS

5.1 FORMAL REQUIREMENTS CONTRACT NECESSARY

Proposer agrees that any Contract resulting from this RFP and award will be the fonnal requirements contract between Proposer and County. This RFP or any resultlng award does not guarantee any acceptance of products or services and does not guarantee that any purchases of products or services will be made.

5.2 CONTRACT TERM

Any future Contract to be drafted and negotiated as a result of this RFP and award shall be for one (1) year period from the date of the execution of Contract. The County reserves the right to renew this Contract for up to three (3) additional one (I) year Tenn(s) subject to the availability of departmental funding, Proposer perfonnance, mutual agreement by all parties, and the approval of the Dallas County Commissioners Court. All renewals/extensions shall be based on existing terms, conditions, and price structures set forth in the Contract or in formal1y signed Amendments.

Dallas County reserves the right, upon notice to the Proposer, to extend the Tenn of the Contract, or any part of the Contract, for up to three (3) months upon the same tenns and conditions. This will be utilized to prevent a lapse in contract coverage and only for the time necessary, up to three (3) months, to enter into a new contract.

5.3 APPROPRlATlON CONTINGE\;CY

The Proposer recognizes that any Contract entered into should commence upon the day first provided and continued in fun force and effect until termination in accordance with its provisions.

The proposer and the County herein recognize that the continuation of any contract after the close of any given fiscal year of the County, which fiscal years end on September 30 of each year, shall be subject to approval by Dallas County Commissioners Court of the budget of the County department providing for or covering such ~ontract item as an expenditure therein. The County does not represent that said budget item would be actually adopted, said determination being the detennination of the Dallas County Commissioners Court at the time of the adoption of the budget.lf such funds become reduced, unavailable, are not forthcoming, or are othenvise limited, the County may immediately tenninate, reduce or modify the Contract without penalty.

5.4 INDEPENDENT CONTRACTOR

Final 6123/2010

Proposer at all times shall be an independent contractor. The Proposer shall be fully responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and shall be specificaJ1y responsible for sufficient supervision and inspection to insure compliance in every respect with the Contract requirements. Thefe shall be no contractual relationship between any subcontractor or supplier of the Proposer and the County by virtue of the Contract. No

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provision of tbe Contract shall be for the; bene-fil of an: other party than the County and Proposer.

, , CONTRACT REPRESEl'\TA TlVES

Any changes in the metbod or nature of \vork to be perfom1ed under the Contract must be processed by the County through the Proposer's Contracts Manager. upon the execution oftne Contract, the County wiH name its representative who will be legally authorized to obligate the County under the Contract.

5.6 INDEMNIFICATION

To the fullest extent authorized by law, Proposer agrees that it \vill protect, defend, indemnify, and save whOle and harmless the County and all of its officers, agents, and employees from and against an claims, demands, causes or action, damages,judgments, loss and expenses, including attorneys fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any lnjuries or damages (including but not restricted to death) received or sustained by any person, persons, or property, on account of, arlsing out of, or in connection with the perfonnance of the work, including without limitlng the generality of the foregoing, any neg1lgent act or omission of the Proposer or any agent, servant, employee or sub-contractor of the Proposer in the execution or performance of the Contract. Proposer further agrees to protect, indemnity and hold County hannless against and from any and all claims and against and from any and an loss, cost, damage, judgments or expense, induding attorneys fees arising out the breach of any of the requirements and provisions of the Contract of any failure of Proposer, its employees, officers, agents, contractors, invitees, or assigns in any respect to comply with and perfonn ail the requirements and provisions hereof.

5.7 BILLS AND LlENS

Proposer shall pay promptly all indebtedness for labor, materials, and equipment used in perfonnance of the work. Proposer shall not pennit any lien or charge to attach to the work or the premises, but if any does so attach, Proposer shall promptly procure its release and, in accordance with the requirements of5.5 above, indemnify, defend, and hold County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.

5.8 LlABILlTY AND OTHER INSURANCE COVERAGE REQUIREMENTS

Final 612312010

Any Proposer and subcontractors that conduct business with Dallas County, whether it is for goods and/or services, must maintain lawful worker's compensation/self insured employee coverage requirements and adequate liability limitations.

The Proposer, at its own expenses, shaH purchase and maintain the herein stipulated minimum insurance with companies duly licensed to do business in the State of Texas, possessing a current A.M. Best, Inc. Rating of "A" or better.

The policies may provide coverage, which contain deductible or self- insured retention. Such deductible andlor self­insured retention shall not be applicable with respect to the coverage provided to Dallas County under such policies. The Proposer shall be solely responsible for all deductibles andlor self-insured retention.

Prior to the execution of the awardllssuance of a contract, the Purchasing Agent requires the Proposer(s) to submit verification of the following coverage, showing Dallas County as the certificate holder and additional insurer with all dates inclusive of that of the awarded contract.

All insurance required herein shall be maintained in full force and effect through out the Tenn ofthe Contract, including an extensions.

5.8.1 Workers' Compensation Insurance: Proposer shaH procure and maintain, at its sole cost and expense Workers' Compensation Insurance in the amount and in compliance with the provisions as provided for by Texas Law as established by the Texas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Code for all of his employees assigned to operate or work under the Contract. In the event the Proposer elects to sublet any work, Proposer shall require subcontractors to provide Workers' Compensation lnsurance for all of the latter's employees unless the Proposer affords such employees protection.

Workers Compensation: Statutory Limits

Employer's Liability: 500,000 per occurrence (minimum)

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Final 6/2312010

S. S.2 Commercial GeneraJiBusiness Liability insurance: Proposer shall procure and maintain, at its sole cos1 and expense. Commercial General/Business Liabiiity lnsurance with a limit not Jess than S1.000,000.00 for cach occurrence \\"ith a S 1 ,000.000 Products/Completed Operations Aggregate and a S2,000,000 General Aggregate Limit. The policy shall include coycrage for bodily injury, personal injur;.:, medical payments, broad foml property damage. fire damage, legal liability'", products and completed operations, independent contractor's. comractualliability, and blanket contractual coverage.

5.S.3 Error and Omissl0n Liability Policy: Proposer shall procure and maintain, at its sole cost and expense, an Error and Omission Liability Policy with a limit n01 less than S2,000,000.00 for each Occurrence.

5.8.4 Crime Policy/Fidelity Bond: Proposer shall procure and maintain, at its sole cost and expense. a Crime Policy/Fidelity Bond covering property of clients for inside/outside premises, including theft via electronic means; mone)' & securities; depositors forgery; covering each employee of Proposer, whether or not they are compensated. The fidelity bond may be either a primary commercial blanket bond or a blanket position bond vvritten by an insurer licensed by the Texas Insurance Commissioner. Proposer shan name DaBas County as Loss Payee. The fidelity bond shall provide a minimum coverage equivalent to Two Million Dollars ($2,000,000) each occurrence. Proposer shall maintain the fidelity bond for the duration of the Contract.

Proposer agrees that, with respect to the above referenced insurance, all insurance contracts will contain the following required provisions

a. Except for Workers Compensation and Professional Liability, name Dallas County and its officers, employees and elected officials as additional insured(s) (as the interest of each insured may appear) as to all applicable coverage.

b. Provide for thirty (30) days notice to the County for cancenation, non~renewal or material change.

C. Provide for endorsement that the "other insurance" clause shal1 not apply to Dallas County where County is the additional insured on the policy.

d. Provide for notice to Dallas County of any changes to policy.

e. Proposer agrees to waive sUbrogation against Dallas County, its officers and employees for injuries, including death, property damage or any other loss.

f. Proposer wi]] agree that all provisions of the Contract concerning liability, duty and standard of care, will be underwritten by contractual liability coverage sufficient to include obligation within applicab1e policies.

g. Proposer and/or their freight contractors must be prepared to show coverage verification prior to entering upon Dallas County premises.

Failure to comply with lawful requirements or adequate liability requirements may result in delay of payments, subject to the orders of the Commissioners Court, not to exceed a period of up to !\Vo years from the termination of the Contract, or cancellation of the Contract or both. (Court Order 2003- I 792, September 30, 2003)

5.8.5 INSURANCE LAPSES

In the event Proposer fails to malntaln insurance as required by the Contract, Proposer shaH immediately cure such lapse in insurance coverage at Proposer's sole expense, and pay County in fun for ail costs and expenses incurred by County under the Contract as a result of such failure to maintain insurance by Proposer, including costs and reasonable attorney's fees relating to County's attempt to cure such lapse in insurance coverage. Such costs and attorney's fees, not to exceed fifteen hundred and 0011 00 dollars ($1,500.00), shall be automatically deducted from monies or payments owed to Proposer by County. Moreover, the County shall retain five percent (5%) of the value of the Contract that shall be placed into an account from monies or payments owed to Proposer by County to cover County's potential exposure to liability during the period of such lapse. The retainage shall be held by County until six (6) months after the Tenn of the Contract has ended or has otherwise been terminated, cancelled or expired and shall be released jf no claims are received or lawsuits filed against County for any matter that should have been

15

coyered the required insurancc-.

SUCCESSFUL PROPOSER FURTHER AGREES TO lNDEMNlFY COUNTY FOR ANY PENALTIES. FINES. JURY A WARDS, COURT COSTS, LlT1GATION EXENSES. AND ATTORc'JEYS' FEES INCURRED BY COUNTY DUE TO PROPOSER'S FA1LURE TO MAINTAIN THE REQUIRED INSURANCE AT ALL TIMES DURlNG THE TERc\1 OF THE CONTRACT. PROPOSER (S), AT lTS O'NN EXPENSE WlTH COUNSEL OF COUNTY'S CHOICE, WILL DEFEND AND HOLD COUNTY HARclVILESS IN ANY CLAIM OR ACTIO]\; AGAINST COUNTY THAT OCCURRED AS A DIRECT OR INDIRECT RESULT OF PROPOSER'S FA1LURE TO MAINTAIN INS1JRANCE AT ALL TIMES DURING THE TERc\1 OF THE CO]\;TRACT. WITHOUT W AlVING ANY RlGHTS UNDER SOVEREIGN lMMUNITY, THE COUNTY SHALL COOPERATE WITH AND MAY MONITOR PROPOSER (S) IN THE DEFENSE OF ANY CLAIM, ACTION, OR PROCEEDING AND WILL, IF APPRORlATE, MAKE EMPLOYEES A VAILABLE AS PROPOSER MAY REASONABLY REQUEST WITH REGARD TO SUCH DEFRENSE, SUBJECT TO THE REIMBURSEMENT BY PROPOSER OF ALL COSTS AND EXPENSES OCCASIONED BY THE COUNTY'S COOPERATION IN SUCH DEFENSE. PROPOSER AGREES NOT TO SETTLE ANY SUCH CLAIM WITHOUT THE COUNTY'S CONSENT, WITH CONSENT WILL NOT BE UNREASONABLY WITHHELD OR DELAYED.

5.8.6 PROVISION OF HEALTH INSURch,.NCE COVERAGE

Dallas County may elect to give preference to Proposers who provide health insurance coverage to the Proposers' employees that is comparable 10 the coverage Dallas County provides to its employees as allowed by Texas Local Government Code 262.0271. This RFP/Solicitation packet contains infonnation concerning Dallas County's health insurance coverage. Proposer s should reVlew this infonnation and detennine if the level of coverage they provide is comparable. If subcontractors are to be utilized, this preference will only be considered if a11 subcontractors also provide comparable health insurance coverage to the subcontractors' employees.

5.9 DISCLOSURE FORM CIQ

Effective January 1,2006, Chapter 176 of the Texas Local Government Code requires that any Proposer or person considering doing business with a local government entity disclose in the Questionnaire Fonn CIQ, the Proposer or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of Dallas County no later than the 7th business day after the date the person becomes aware offacts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. The questionnaire is included in this solicitation. By submitting a response to this Questionnaire, the Proposer represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Please send completed fonns to the Dallas County Clerk at 509 Main Street, 2nd Floor, DaHas, Texas 75202.

5.10 COMPLIANCE WITH THE LAW

In providing the services required by this RFP and any future Contract, Proposer agrees to observe and comply with all applicable grant requirements, licenses, Jegal certifications, or inspections required for the services, facilities, personnel, equipment, or materials, and all applicable federal, state, and local statutes, ordinances, rules, and regulations.

5.11 LEGAL AUTHORlTY

Fina16!231Z01O

Proposer IS authorized to enter into the Contract pursuant to the authorization of its governing board or controlling owner or officer. The person or persons signing and executing the Contract on behalf of the parties, or representing themselves as signing and executing the Contract on behalf ofthe parties, warrant and guarantee that he, she, or they have been duly authorized by the parties to execute the Contract on behalf of the parties and to validly and legally bind the parties to all of its terms, conditions, performances, and provisions.

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S.l= JURlSDlCTIOl\ Al\D \El'\CE

The lavvs of the State of Texas shall go-vern any Contract. and all obligations of the parties created hereunder are performable in Dallas County, Texas. 1n any legaJ action arising from the Contract. the lavv's of Texas shall apply and exclusive venue shall lie in Dallas County, Texas.

5.13 LlTlGAT]OK

In the best interest ofine Dallas County, any ProposEr \\"ho is currently involved, either directly or indirectly, with any litigation against or involving Dallas County may be disqualified and/or not considered for an award,

5.14 TERJvl!NAT]Ol\ FOR CONVENlENCE

County may terminate the Contract for convenience. County shall exercise its termination option by delivering to Proposer written notice of stich termination identifying the tenninatlon date which shall be at least fifteen (15) days after the date of such notice.ln connection "rjth any such tem1ination County shall have no liability to Proposer for amounts in excess of the normal charges through the date of termination. Such notice of termination shall be by registered or certified mail, return receipts requested, and will be deemed given upon receipt of such notice by the other party.

5.15 TEJUv!!NATION FOR INSOLVENCY

County shall have the option to tenninate the Contract in its entirety if Proposer (i) becomes insolvent or is unable to meet its debts as they mature, (1i) files a voluntary petition in bankruptcy or seeks reorganization or to effect a plan or other arrangement with creditors, (iii) files an answer or other pleasing admitting, or fails to deny or contest, the material allegations of an involuntary petition filed against it pursuant to any applicable statute relating to bankruptcy or reorganization, (iv) shall be adjudicated a bankrupt or shall make an assignment for the benefit of its creditors generally, (v) shall apply for, consent to or acquiesce in the appointment of any receiver or trustee for all or a substantial part ofit5 property, (vi) any such receiver ortrustee shall appointed and shall not be discharged within thirty (30) days after date of such appointment

5.16 TERMlNATION FOR NON-PERFORMANCE

County may suspend, terminate, or modify the Contract immediately upon written notice to the Proposer in the event of a non-performance of stated objectives or other material breach of contractual obligations; or upon the happening of any event which would jeopardize the ability of the Proposer to perfonn any of its contractual obligations. lfthe Proposer should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, OT not proceed with work or otherwise be guilty of, a substantial violation of any provision of the Contract, then the County may tenninate the Contract. Prior to tennination of the Contract, the County shall give the Proposer fifteen (15) days written notice. Upon receipt of such tennination notice, the Proposer shall be allowed fifteen (] 5) days to cure such deficiencies or nonperformance issues.

Dallas County reserves the right to have service provided by other than the Proposer if the Proposer is unable or fails to provide requested service within the specified time frame.

5.17 MONETARYRESTlTUTION

In the event the Contract is prematurely tenninated due to breach, non-perfonnance andlor withdrawal by the contractor, Dallas County reserves the right to seek monetary restitution (to include but not limited to; withholding of monies owed) from the contractor to cover costs for interim services andior to cover the difference of a higher cost (difference betvieen tennination Proposer's rate and new company's rate) beginning the date of Proposer 's tennination through the Contract expiration date. In the event civil suit is filed to enforce this provision, Dallas County will seek its attorney's fees and cost of suit from the Proposer.

5.18 TERMlNATION FOR CAUSE

Final 6/2312010

County shall have the option to terminate the Contract, for cause: (i) for a material breach of such Contract by Proposer that is not cured by Proposer within fifteen (IS) days of the date on which COllnty provides written notice of breach; (ii) for a material breach of sllch Contract by Proposer that is not reasonably subject to cure within fifteen (]5) days after it

17

occunence: (iii) ifil]~ dClcrmined by· County. that there fX1Sls a pluraiir:-" ofnon-mmerial breaches by Proposer that ha\ c a material adverse impact on of services. County :;:ha1] exercise- its tennination option by delivering the lennination date which shall be alleasi fifteen (l 5) day's from the date such temlination notice is delivered to Proposer. Such notice of termination shall be by· regi::;tered or certified maiL return receipts requested, and \\-'ill be deemed given upon receipt of such notice by the other party.

5,19 FAILURE TO PROVIDE SERV1CES

The County reserves the right 10 have service provided by other than the Proposer if the Proposer is unable or fails to provide requesled service within the specified time frame.

5.20 CONFLICT OF INTEREST

No official or employee shall have any financial interest, direct or indirect, in any contract with the County or be financiaHy interested, directly or indirectly, in the sale 10 the County of any land, materials, supplies or services, except on behalf of the County as an official or employee. Any violation of this section, with know ledge, expresses or implied, of the person or corporation contracting with the County shan render the Contract involved voidable by the Conunissioners Court ofDaHas County. It is the responsibility of the contractor during all phases of the Contract process to notify the County in writing of any potential conflict of interest.

5.21 COLLUSlON

Proposer expressly warrants and certifies that neither the Proposer nor its employees or associates has directly or indirectly entered into any agreement, panicipated in any collusion or othervvise taken any action in restraint of free competition in conjunction with the Proposal or Contract. This paragraph does not however, preclude two or more supplier of certain parts of the requirements from presenting a combined or joint proposal for the purpose of providing a complete Proposal.

5.22 SEVERABILITY

Should any provision of the Contract which is detennined to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect.

5.23 ADDlTlONSIDELETIONS OF SERVICE

The County reserves the right to add andlor delete services to the Contract. Should a service requirement be deleted, agreed payment to the Proposer will be reduced proportionally to the amount of service reduced. Should additional services be required from the Contract, prices for such addltions will be negotiated between the Proposer and the County.

5.24 ASSIGNMENT OR SUBCONTRACTING

The Proposer shall not sell, assign, transfer or convey the Contract, in whole or in part, without the prior written consent of the Dallas County. Should Dallas County authorize the Proposer to subcontract (assign) any portion of the Contract, the Proposer will maintain the ultimate legal responsibility for all services according to contract specifications. In the event of a subcontract, the Proposer must maintain a continuous effective business relationship with the subcontractor{s) including, but not limited to, regular payments of all monies owed to any subcontractor. Any attempt by the Proposer to assign or subcontract any perfonnance (in whole or part) of the Contract without the written consent of the County shall be null and void and shall constitute a breach of the Contract an will result in termination of the contract andlor legal ramifications, due to nonperfonnance.

Should Dallas County authorize the original contractor to transfer the Contract, ln whole or part, the secondary contractor wi1l maintain all the legaJ responslbilities set forth in the context of the Contract.

5.25 AMENDMENTS

Final 612312010

All amendments to the Contract must be in writing and signed by all parties with approval by the Dallas County Commissioners Court through Court Order.

18

1

5.26 CHANGES

,0-~.L /

The County may require changes in the scope of the services to be performed by the Proposer hereunder. All such changes, \::vhich are mutually agreed upon by and berYl,cen all the parties, shall be incorporated in \A:fitten amendments to

the Contracl and approved by the Dallas County Commissioners Court through a fannal Coun Order. All such amendments shall state any increase or decrease and the amount of the compensation due 10 the Proposer for the change in scope.

Any alterations, additions. or deletions to the terms aftbe Contract \\'hieh are required by changes in federal ]av./ and regulations or state statute are automatically incorporated into the Contract without \\Titten and administrative code amendment hereto, and shall become effective on the date designated by such lav./ or regulation.

RECORDS, BOOKS, AND DOCUMENTS

Upon reasonable notice, Proposer must provide, and cause its Subcontractors to provide, the officials and entities identified in this section with prompt reasonable, and adequate access to any and all authorization logs, transaction records, books, documents, and papers that are directly pertinent to the perfonnance of the services covered under the Contract.

Proposer and its Subcontractors must provide the access described in this Section upon request for the following

purposes:

Examination; Audit; Investigation; Contract administration; or The making of copies, excerpts, or transcripts.

The access required must be provided to the following officials and/or entities:

Dallas County Officials and Department Heads

Dallas County Auditor's Office

Any independent verification and validation contractor or quality assurance contractor, when acting on behalf ofDaHas

County;

Proposer agrees to provide the access described wherever Proposer maintains such books, records, and supporting documentation. Proposer further agrees to provide such access in reasonable comfort and to provide any furnishings, equipment, or other conveniences deemed reasonably necessary to fulfiH the purposes described In this section. Proposer V.rm require its Subcontractors to provide comparable access and accommodations

5.28 RETENTION OF RECORDS

The proposer agrees to retain ali financial books, records, and other documents relevant to the Contract for four (4) years after final payment or until after the resolution of any audit questions which could be more than four (4) years, whichever is longer. The Department, Federal or State auditors and any other persons duly authorized by the County shall have full access to, and the right to examine copy and make use of any and all said materials.

5.29 ADEQUACY OF RECORDS

FinaI6f23!2010

Jfthe Proposer's books, records and other documents relevant to the Contract are not sufficient to support and document that allowable services were provided to eligible clients the Proposer shaH reimburse Dallas County for the services not so adequately supported and documented.

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5311 AUDJT DiSALLOWANCES

If m any time it is detennined by the County thai a cost for \yhich payment has been made is a disallmved cost, the County shall notify the Proposer in writing of the disallmvance and the required course of action. \vhien shall be at the option of the County either to adjust any future claim submitted by the Proposer by the amount of the disallowance or to require repaymem of the disallowed amount by the Proposer forthwith issuing a check payable to Dallas County.

531 RlGHTSINDATA

The County shaH have the use of data and reports resulting from the Contract without additional cost or other restriction except as may be eSTablished by law or applicabJe regulation. Each pany shan suppJy to the other party, upon request any available infonnation that is relevant to the Contract and to the perfonnance hereunder.

532 V ALIDlTY

The invalidity, in whole or in part, of any provision of the Contract shall not void or affect the validity of any other provision of the Contract.

5.33 CONTRf>.CTOR LICENSE REQUIREMENT

The Proposer shall procure all pennits and licenses, and pay all charges, fees and incidentals necessary to the lawful conduct of his business. He shall keep himself fully infonned of existing and future Federal, State, and Local laws, ordinances and regulations which in any manner affect the fulfillment of the Contract and shaH comply with the same.

5.34 CONTRACTOR RESPONSIBILITY

The Proposer will be responsible for any damages whatsoever to County andior client property as applicable when such property is the responsibility or in the custody of the Proposer, his Employees or Subcontractors.

Proposer agrees that al1 Subcontractors performing work under the Contract shall comply with lts provisions and it is expressly understood that all persons employed by the Proposer, either directly or indirectly, shall be considered employees of the Proposer, and not employees of Dallas County.

Proposer acknowledges and agrees that it is liable and responsible for any act or omission by the Proposer, its employees, agents, officers, representatives, and subcontractors occurring in the course of Proposer's perfonnance of the Contract, whether such act or omission occurs on County property or elsewhere. Proposer shall be liable for any loss or damage arising out of or related to Proposer's performance of the Contract, Proposer shall bear the above stated liability, even in absence of its own negligence, unless County actions caused the loss or damage (i.e., if regulation, but damage occurs, Proposer is responsible for such damages.) Proposer shall bear the above stated liability, consequential, incidental, direc~, and indirect damages, and shall be liable for all costs, including attorney's fees, incurred by the County to enforce this provision.

5.35 EMPLOYEE RESPONSIBILITY

No responsibility will attach to a county employee for the premature opening of a Proposal not properly addressed and identified in accordance with the Proposal requirements.

5.36 CONTRACT ADMINISTRATION

Final 612312010

To help ensure SoJicitationlRFPlProposaI process and contract compliance, a contract administration will be made an integral part of this process and Contract. County employees will be assigned as contract monitors. The Proposer (s) will be made aware of the findings from the process and participate in the post award meeting. The contract administration is an audit and feedback system and will be in addition to any of the other policies and procedures contained therein. The contract administration process is a quality management tool that empowers the participants to monitor and assure process and contract compliance. The Proposer (5) would be closely monitored for process and contract compliance. No additional cost is anticipated to be incurred by the Proposer (s) by the presence oftbe contract administration as long as process and contract compliance is maintained. Except for the more formalized feedback of findings, the normal Proposer relationship will exist when within compliance and the contract administration should be transparent.

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5.3~ DELlVERY

11 shall be the Proposer's responsibility to meet the County's deliYc0' requirements, as called for in the General and Technical Specifications. Dallas County reserves the right to obtain material on the open market in the event the Proposer fails to make delivery and any price differential \yill be charged against the Proposer.

5.38 COMPENSATION

This lS a Contract bet\A;een the County.' and Proposer for Electronlc Payments Processing Services and Solution Provider as provided in the Functional and Technical Specifications. The Proposer agrees provide all goods, perfonn all services, and furnlsh all staffing and materials required, for any reasonabJy unforeseen difficu]tlcs which may arise or be encountered in the execution of the services until acceptance, for risks connected \vith the services, and for performance by the Proposer of all its duties and obllgations hereunder.

5.39 PROPOSERS W ARRANTlES AND REPRESENATATION

By signing any contract resulting from this RFP, Proposer further warrants and represents that it has become fully acquainted with conditions, facts, and circumstances related to providing services as requested in the RFP. The failure or omissions of the Proposer to acquaint itself with the existing conditions, facts, and circumstances, shall in no way relieve it of any obligation with respect to the Contract.

6.0 FUNCTIONAL AND TECHNICAL SPECIFICATION REQUIREMENTS (SCOPE OF SERVICES)

6.1 Dallas County Tax Office (DCTO) is seeking a third party solution provider of electronic payment services for integration into the County web/on-line and interactive voice response based systems for the purpose of processing electronic payments. The County antidpates accepting payments from al1 major credit cards (MasterCard, VISA, Discover and American Express), debit card holders, as well as in the form of electronic checks and Automated Clearing House (ACH) originations. The County will consider accepting other fonns of payment the Proposer may offer if the County deems them a beneficial service to either the County or the public.

The solution should improve the County's ability to efficiently and accurately conduct various types of credit card, debit card, e-check collection transactions, manage financial infonnation, aJ]ow for integration into existing County operations, interact and interface \"lith existing County legacy systems, improve workflow, maintain data integrity, etc.

A key expectation of this RFP is that the selected Proposer will collect and process all property tax and motor vehicle financial transaction infonnation and maintain PCI compliance on all infonnation collected. Proposer must be in compliance and certified compliant with all PCI standards. If circumstances exist where the County will be expected to maintain financial infonnation, the circumstances must be clearly disclosed. For the small dollar fees and services to be provided online, the County wishes to achieve this objective by partnering with the awarded Proposer who can develop customized web pages matching the County standards that will act as payment collection pages. The County will work with the awarded Proposer in developing appropriate customer and information links to a110w the awarded Proposer to process the payment, provide the customer a confirmation, and provide payment infonnation back to the County for updating of the County records. Potential other County departments in the future may use the electronic payment services. Migration and adoption of electronic payment services wiH be detennined on a case by case basis with each department.

The County intends to award a single Proposer. The Proposal should include interface solutions if a single or multiple

third party application is presented.

This RFP sets forth requirements for these services and solicits a detailed Proposal from Proposer(s) to include functional and technical requirements, implementation services, on-going software maintenance and support, and pricing.

6.2 Proposer must be able to provide all services described in this RFP at no cost to Dallas County. Any and all fees must be charged to the customer in addition to the actual fee or penalty being paid to DaJlas County. Proposer must describe the method of detennining said customer fee as well as provide Dallas County that actual cost that will be charged to the customer.

6.3 Proposer shall have minimum offive (5) years experience in the development, installation and operation of a credit and debit card processing services.

Final 6/2312010

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6.4 Proposer \,>ill furnish and install all applicable software. hardware. equipment card processing machinesitenninals, data lines, cabiing. internet and, or \\'ireless connection. expendable supplies, and provide serVlces related to the training including training materiaL installation and optimization of the system. subsystems. and other ancillary devices described by this RFP. Proposals must describe all soft\vare components, nardvvare components, services, and tasks required to

implement a working. fully functional system, 'vvhether supplied by Offer or County. Any and all components v,rhether nard,\/are or software required to make the system usabJe and fully operational that are not described in the ProposaJ documents as being necessaf).t, shal1 be provided at Proposer's expense.

6.5 Proposer must provide processing for multiple "brands" and types of cards such as, MasterCard, VISA, Discover, and American Express. In addition, the Proposer must arrange for and support any agreements requJred to process debitiACH transactions from multiple debit networks.

Payment collection method type shall include point of sale, on-line internet/web based, and interactive vOlce response. The pay -by-phone solution must be compatible with the Dallas County Selectron IVR Version 4 (Voice Tax).

6.6 System Functionality and Performance

Final 6/23/2010

In addition to basic electronic transaction presentment and processing functions, Proposer's systems shall provide the following minimum functionality:

6.6.1 At all times make available the option for a customer to stop the infonnation gathering and transaction process

6.6.2 Provide an active message to the customer indicating that a transaction has been either accepted or rejected.

6.6.3 Allow the customer to review charges before final submission.

6.6.4 Show Proposer fees separately from County charges.

6.6.5 Provide the capability for the customer to obtain a tangible order confirmation such as a printable form from a web page or a confinnation number from an IVR.

6.6.6 Allow the customer to try a different card or payment type if a transaction is rejected.

6.6.7 Provide no noticeable difference in appearance or sound from the County's application from which it was called.

6.6.8 Populate information that is passed to it from the County's application so that customers do not need to provide duplicate information that they have already given to the County's application.

6.6.9 Provide the ability to block certain users, card numbers, account numbers, etc.,

6.6.10 Provide services in additional languages other than English.

6.6.11 Establish processing cut off periods consistent with County daily end of day processing

6.6.12 Provide electronic acceptance files fonnatted for auto posting to financial application.

6.6.13 Provide option for settlement directly with Dallas County's designated depository through ACH and same day transfer of funds.

6.6.14 Financial Requirements

6.6.14.] Settlement Time: Unless otherwise requested by the County as described in ("Delayed Processing Option"), all transaction funds shall be settled and in the County's bank account(s) by ACH same day.

6.6.14.2 Separation of Fees from Charges: Proposer's financial systems shall have the ability to itemize separately the County Charges and the Proposer Fees. County will not be responsible for remittance of any Proposer fee.

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6.6.14.3 \1ultipjc Bank Accounts: upon request of the Coumy_ Proposer shall remit collected funds daily ACH Coum:" Charges into several different depositoIJ: bank accounts of the County. The County's bank account into \\-hicn Proposer shall settle such funds \vill be detennined by' such items as what Department or Application the funds were collected from.

6.6.14.4 Exceptions and Charge Backs: Proposer shall provide reasonable processes, systems, and data necessary for either the Proposer and/or the County to adjust credits and debits to both the County Departments and/or the customers. Please describe hov,.' you \vill deal with these. County win nOl be responsible to Proposer for an}-.' fees or refunds or charge backs.

6.6.14.5 Bil1ing Statements: Transaction infonnation appearing on a customer's monthly credit card statement shall contain enough infonnation so that the customer can contact either the Proposer or the County and obtain detailed infonnatjon about his/her transaction.

6.6.15 Effectiveness Level: The effectiveness level of a system is defined as the ratio of:

Effectiveness Level = Amount of lime in given period that system is functioning correctly

Total amount of time in that period

The Proposer System shall perfonn at an average effectiveness level of99%, including scheduled maintenance downtime, each month during the entire Tenn of the Contract. In the event that the effectiveness level is not met for three (3) consecutive calendar months, the County reserves the right to tenninate the Contract without penalty. The system must be available to use 24 hours per day, 7 days per week, 365 days a year less scheduled maintenance and downtime. Scheduled maintenance shaH not occur at the end of any month and the system must be available 2417 during the months of December and January.

6.7 Proposer must have the ability to process transactions and accept settlement files as required through the appropriate authorization and settlement networks. The method of application shall include standard point of sale equipment, on-line internet/web based application, interactive voice response, and various types of software data capture via personal computer. The Proposer shall:

fina16!2312010

6.7.1 Provide a pay-by-phone solution compatible with the DCTO Selectron IVR Version 4 (Voice Tax).

6.7.2 Provide an Internet processing solution. Any Proposer s provided Internet solution must employ current encryption standards established through ANS1, etc.

6.7.3

6.7.4

6.7.5

6.7.6

6.7.7

Provide their own merchant bankcard services provider or may choose to process merchant transactions through the County's merchant bankcard services provider (Bank of America).

Provide for the authorization and settlement oftransactions though the appropriate authorization and settlement networks

Provide research and problem resolution to transaction andlor settlement discrepancies such as copy requests and charge backs. Handie all charge backs and returns/reversals on behalf of Dallas County

Payment file fonnat must be compatible with DCTO Property Tax System (ACT) in order to update tax accounts via daily lockbox files.

Must have the capability 10 accept property tax numbers up 10 17 digits, numeric andlor alpha characters.

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6.7.8 Transaction FileiLockbox File Layout:

Proposer shall provide to the County an electronic data file of ali transactions. The file shall use the American Standard Code for Infonnation Interchange (ASc:n) standard. be fixed-length delimited. and contain the follmving minimum infonnation:

Field Name Agency lD Merchant lD Application lD Sub-application lD Agency/Dept Defined I AgencylDept. Defined 2 Agency/Dept. Defined 3 Transaction ID Customer Name Date and Time Payment Type Total Amount County Charges Amount Proposer Fees Amount Card Type llN / BIN the first 6 digits Last four digits of card number Authorization Code

Length 6 16 6 6 20 20 20 23 25 J4 2 13 8 8 2 6 4 2

The transaction file shall contain all of a day's transactions up to an agreed upon time (e.g. 5:00 p.m.). All transactions after that agreed upon time shaH appear in the next day's transaction file. Proposer shall make the transaction file available to the County departments no later than 8:00 a.m., Central Standard Time on the following day. The file shall reside on computer equipment ("Transaction File Server") that is protected from unauthorized access by means of a firewalL The County's access to the files shall be a password protected 128-bit encrypted, non-degradable, Secure Sockets Layer (SSL), connection. In no event shall the full CC # be passed thru county network. Upon request of the County and at the expense ofProl'oser. Proposer shall agree to have annual security audits conducted by a third parly who shall be chosen by the County.

See Exhibit A for Dallas County Lockbox File Layout

6.8 Data Capture Capabilities

Final 6/23/201 0

6.8.1 Proposer will be responsible for customer authentication, payment authorization. security, eITor processing, and reports.

6.8.2 Proposer shall have an automated system in place to capture all payment processing transaction data for descriptive billing, management reporting, and exception reporting purposes.

6.8.3 Proposer shall provide the County with the capability to securely access, via password-protected site, to real­time transaction infonnation, generate reports with user defined parameters, exportable to excel and access data base applications.

6.8.4 All financial data and information regarding actual collections provided to the County from Proposer shall maintain an accuracy level of 100%. Proposer shaH not be responsib1e for any data or infonnation that it provides to the County which reflects inaccurate infonnation provided to it by either the County or a customer.

6.8.5 Payment history must be archived for no less than six months.

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1 6

6.9 Reporting Capabilities

6.9.] Reponing capabilities must be flexible enough to aIlo\" each user and .... or department the option to choose the report that best meets their individual needs.

6,9.2 Provide custom daily, weekly, and monthly· detail and summary reports electronically to each individual County department application to proyide the infonnatl0n needed to receipt the payment to the proper accounts. Repol1s should also be available via facsimile or regular mail if electronic reporting is not desired by the individual department. Depending on the department and/or the application, there may be varying requirements in the amount of detail required.

6.9.3 Provide a monthlY report to the DeTO and Auditor's Office Accounting Divisions summarizing the activity for all departments, by card type and issuing agency that includes gross sales, returns, net sales, total transaction counts, transaction type (i.e. online, POS, IVR, debit cards, credi! cards, ACH, e-check) as wen as any declined, rejected and failed transactions. This report must include all card types.

6.9.4 Provide exception reports oftransaCllons that exceed control parameters to assist in the detection of fraud and misuse.

6.9.5 Proposer shall retain authorization logs and transaction records for such period of time as required by applicable Jaw, regulations, and County policies. The Proposer shall estab1ish and maintain adequate records of all expenditures incurred under the Contract. AlI records shall be kept in accordance with generaJly accepted accounting principles. All procedures shall be in accordance with federal and State laws, local ordinances and County regulations. Throughout the Tenn of the Contract, the County shall have the right at any time upon reasonable prior written notice to inspect Proposer's transaction records for County Charges and associated Proposer Fees. Any such inspection shall be made during regular business hours and comply with any reasonable security and confidentiality procedures of Proposer.

6.10 Security, Back-up and Compliances

Final 6/2312010

6.10.1 Proposer is responsible for ensuring that appropriate security and encryption technology measures, features, mechanisms, and assurances are in place to safeguard the County's and public infonnation assets. This does not replace the obligation of the Proposer to comply with all of the County's security policies and standards.

6.10.2 Proposer shaH have security and control procedures in place to ensure the user of the card is legitimate.

6.1 0.3 Proposer wl11 be required to provide a description of downtime procedures in the event that terminals or communication links are not operational.

6.10A All networks being utilized to provide service and process transactions pursuing to this RFP must meet or exceed industry standards and is audited annua1ly for confirmation of PCl Level 1 compliance, the highest possible level.

6.10.5 Proposer systems, software, processes and partners must adhere to the stringent requirements of the national Cardholder Infonnation Security Program (ClSP) and maintain full Payment Card Industry Data Security Standard (PCI DSS) compliance, AMEX Data Security Operations Policy (DSOP) and MasterCard Security Rules and Regulations. This insures that aJJ transaction information will be protected from those not directly involved in the processing of a payment. The Proposer must include acknowledgement of responsibility for the security of cardholder data.

6.10.6 All transactions processed must be in accordance with and governed by applicabJe statutes and regulations, including NACHA operating rules and Federal Reserve Bank Regulation E.

6.10.7 Provide a copy of privacy policy to all users and to customers upon request.

6.10.8 Proposer must adhere and abide to the requirements of Visa Tax Payment Program and MasterCard Convenience Fee Program rules and restrictions on fees on debit cards, credit cards and other payments types. Dallas County is registered with both the Visa Tax Payment Program and the MasterCard Convenience Fee

25

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Program through its currem Acquirer - bank of l\meriCa, The selected Proposer may' use Count: . s Acquire; If adY3nrageous.

6.10.9 Must he full;.- in compliance \\,'i1h Texas Local Govemmen1 Codes 130.0045 and 130.0046 Tax Assessor/collector and Texas Local Goyemment Codes 132.003(a) and 132.003{c) for other county departmenTs/offices

6.11 Restrictions and Limits

6. J 1.1 Proposer shall set control parameters for all payment processing services to the County specifications.

6.12 Liability

6.12.1 The County will nol accept any liabilit,Y or financiai responsibility for charges that have been incorrectly authorized.

6.12.2 The County shall not be liable or financially responsibility for charges that have not been authorized by the County.

6.13 Technical Support

6.13.1 Proposer shall provide a single point of contact for account management during the hours 8:00 am~5 :00 pm (CST) Monday through Friday.

6.13.2 Proposer is responsible for providing live technical response to Dallas County and the general public customers within one hour and resolution to problem or perfonnance issues within 24 hours of the time the problem is reported. Technical response should be available from 6:00 a.m. - midnight (CST), seven days a week, 52 weeks a year to DalJas County and the general public customer.

6.13.3 Any planned upgrades and maintenance of the system will reguire 72-hour notice from the Proposer to Dallas County and the general public, via e-mail and posting on the payment website.

6.] 3.4 Shall keep Dallas County infonned in a timely manner of all process or system changes required by the payment credit card industry.

6.13.5 Shall have adequate backup and Disaster Recovery plans as dictated by industry best practices and provide sample of plans.

6.13.6 ResponsibJe for coordinating repairs among multiple vendors.

6.13.7 Shall assume responsibility for the perfonnance of all equipment, materials, labor, software and programs.

6.13.8 Provide all updates and upgrades to the system during the Contract at no cost to Dallas County.

6.14 Customer Service Support

Final 6/2312010

Proposer shall provide a Customer Support Center (eSC) that customers may call. The CSC shall have the capability to anSwer questions from customers and the County directly pertaining to the services provided by Proposer hereunder. The CSC shall also have the capability to direct customers to the appropriate County resources for non-billing issues. The cse shall have the following minimum requirements:

6.14.1 Toll free phone number(s) for access to CSC attendants andlor lVR services

6.14.2 CSC shall meet or exceed industry standard perfortnance metrics for service levels including but not limited to the number of busy signals, average time that a call is placed on hold, average number of calls resolved on the first call, and call-back times.

6.14.3 Self-serve options to customers via a website and/or IVR

6.14.4 Secure access to real-time transaction data, as necessary to research a given transaction

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6.14.5 J'vlainlam a log of all calls receiyed

6.] 4.6 Atlend phones at any time (i.e. 7/24/365)

6.14.7 Support addilional languages other than English

6.1 5 Projecllmplemenlation Schedule

The implementation of a service for an organization of this size and complexity is a significant undertaking. Consideration must be given to the day-to-day operations of the DeTO, \o,:hich must not be adversely disturbed or interrupted. Proposer shall provide an estimate of the time line needed to complete the system implementation and training, inc1uding any lead time before \vork can begin. Proposer shall not be held responsible for delays in implementation caused by the County.

6.16 Personnel Resources

FinaI6/23!2010

6.16.1 Proposer shall have the resources 10 ensure that services win be provided in an efficient and problem-free manner.

6.] 6.2 Proposer shall have assigned staff to handle account reconciliation and database updates.

6.17.1 Proposer shaH provide training as related to payment and credit/debit processing requirements, such as procedures for hand1ing retrieval requests, charge backs, accessing reports and transaction data, and/or other processes and procedures which may be required.

6.17.2 Proposer shall provide training on the utilization of the payments processing system software. hardware. terminals, and all other system functionalities.

6.17.3 Proposer shall provide training and all training materials.

6.17.4 Proposer shall continue to provide comprehensive training support for any new or expanded programs as weB as other refresher courses to the Program Administrators as needed or requested by the County.

6. J 7.5 Proposer shall coordinate training with DaHas County designated representative.

6. J 7.6 Dallas County shall provide training facilities.

27

Proposer musl haye a1 lcas1 five (5) years experience processing payment records and credil records transmitted for processing and settlement from major credit-debit card processing networks.

a. Proposer meets this requirement? '-'0 ____ _

b. Provide an explanation ofhmv you will meet this requirement:

Proposer must assign an Account Representative 10 the County \vho would be responsible for coordinating all activities necessar)' to service, training, and implement systems with al1 agencies that may come under the Contract.

a. Proposer meets this requirement? ye' ___ _ No ___ _

b. Provide a11 explanation of how you will meet this requirement:

Proposer must provide the necessary staffing to meet all of the requirements detailed in this RFP. The Proposer shall agree to meet with the County's designated Contract Representative{s) as frequentlY as required to ensure that the Dallas County needs are being met.

a. Proposer meets this requirement? ye' ___ _

b. Provide an explanation of how you wiH meet this requirement:

4. Proposer must, at the time of Proposal submission, or prior to that time as required by law, have all required licenses, bonding, facilities, equipment, and trained personnel necessary to perfonn the work as required in the Scope of this RFP.

a. Proposer meets this requirement? yes ___ _ No '---

b. Provide an explanation of how you will meet this requirement:

5. Proposer must provide a summary of company's investment and commitment to developing future electronic collection technology and how you would offer such technological advancements to the County.

a. Proposer meets this requirement? No. ____ _

b. Provide an explanation of how you wi]] meet this requirement:

6. Proposer shaH provide an training and related training materials to ensure optima] use of the payments processing system.

a. Proposer meets this requirement? Yes ____ _ No, ___ _

b. Provide an explanation of how you will meet this requirement:

7. Proposer shall provide a single point of contact for account management of the credit and debit card processing services available from 8:00am-5:00pm (CST) Monday through Friday.

a. Proposer meets this requirement? Yes ____ _

b. Provide an explanation of how you will meet this requirement:

Final 6/23/20) 0

28

1:. Proposer shall provide all services described lD this R1T.

a. Proposer meets this requirement"? 'J" es~~~_

b. Provide an explanation of how you \\'ill meet this requirement:

9. Proposer shall provide 24-hour Customer Service SupponlO customer and Dallas County; a 24-hour toll free number for technical and system support for the credit card processing service: and 24-hour on-line access for account maintenance. reponing and billing information as outlined in the RFP.

a. Proposer meets this requirement? No_~~~_

b. Provide an explanation of how you will meet this requirement:

10. Proposer shall provide both standard and ad-hoc report generating capabilities from a centralized web-based location.

a. Proposer meets this requirement? Yes_~~~_

b. Provide an explanation of now you wiJ] meet this requirement:

] 1. Proposer must have the capability to generate real-time consolidated reports that encompasses a]J payment transactions through the system.

a. Proposer meets this requirement? Yes,_~~~_ No ___ ~

b. Provide an explanation of how you wilJ meet this requirement:

12. Accepted Fonns of Payments:

12.1 Credit Card Yes~ __ _

Phone and Web Access Yes~ __ _

Phone only Yes __ _ No ___ _

Web only Yes.~ __ _ No. ___ _

12.2 Debit Card Yes~ __ _ No~ __ _

Phone and Web Access No ___ _

Phone only Yes.~ __ _ No ___ _

Web only Yes,~ __ _

Final 6/23/2010

29

E-Check Yes -~~~

'\o~ __

Phone and Web Access Yes~~ __ '\0

Phone oniy- yes ___ _ 1\'0 ___ _

Web only Yes ~~~

No ---

13. Accepted Credit Cards:

Visa Yes __ _

MasterCard Yes ___ _

Discover Card yes ___ _ No~ __ _

American Express Yes,~ __ _

Other: Describe _~ ___ ~ Yes, ___ _ No ___ _

14. Availability of System:

24 hours, 7 days per week Yes

Sunday: Between the hours of: a.m. and p.m.

Monday: Between the hours of: a.m. and p.m.

Tuesday: Between the hours of: a.m. and p.m.

Wednesday: Between the hours of: a.m. and p.m.

Thursday: Between the hours of: a.m. and p.m.

Friday: Between the hours of: a.m. and p.m.

Saturday: Between the hours of: a.m. and p.m.

15. Confirmation of Payment Method:

E-mail confirmation Yes __ _

Printed confinuation from web portal Yes, ___ _ No ___ ~

Other: Describe: ____ _ Yes, ___ _ No ___ _

16. Use oflVR for Payment Via Phone: yes ___ _ No ---Language Available: ____ ~ ______ ~ ___________ ~ __

17. Provide a brief history of your company as it relates to the RFP including: (I) year of organization; (2) year of initiation of credit/debit card processing business( es); (3) development of major business lines; (4) nature of company's ownership; (5) nature of relationships with affiliated companies or joint ventures.

] 8. Provide information on the extent of your company's commitment to electronic payment collection services with respect to credit/debitiACH transaction processing and the various processing methods. Please include: (1) the number and experience of

final 6/23/2010 30

employees dedicated to 111]5 processmg: (2) your approach to product development. and: (3) any other infonnation \\:hieh you feel to be significam.

19. List any other services wbch routinely are associated \""itb payment and credit record processing tbat you could provide to the County.

20. Please describe the ability of personnel \\'bo would be assigned to the County's account to provide proactive technical assistance and/or training in the implementation of electronic payment coliection applications. Include examples of previous relevant v,rork experience with other government agencies.

21. Briefl}! describe vlhal you belie·ve distinguishes your company from your competitors.

22. Briefly discuss your company's commitment to customer service and quality. "\Vhat quality controls and/or measures are used to evaluate creciit/debil/ACH transaction processing? Please provide any unique or innovative approaches.

23. Describe your approach to account administration.

24. Describe your support team in terms of staff size and the level of the primary individua1 who would be assigned as our Account Representative.

25. If avajlable, please provide a diagram reflecting the highlights of the accepting, authorizing, processing, and settling of creditidebitiACH transactions beginning with the point of sale to the deposit offunds. The diagram should indicate the functions performed by the Proposer and those perfonned by others (i.e .• County, subcontractors, etc.). Please include separate diagrams for standard credit card processing, Internet credit card processing, debit card processing (including Internet), ACH processing, etc.

26. What network(s) will be used for routine credit card transactions? What services are provided by the networks?

27. Are different networks used for different types of applications processing? If so, please explain. List all creditidebitiACH processing networks your company utilizes in providing processing and settlement

28. Is the Proposer guaranteeing the funds transmitted through the network as same day settlement?

29. What is the fiduciary classification of the financial institution that would be responsible for settlement of credit/debit transactions to the County?

30. Discuss your operational procedures for settling payment and credit records identifying: (I) what time(s) batches sent to your company for processing and settlement will be forwarded through the settlement network(s) for final settlement; (2) the actual time after the cutofffor releasing batches when the money will be deposited into the County account(s); (3) any cutoff times that must be met to insure settlement by the times listed.

31. What is the settlement transmission time frame for Visa, MasterCard, Discover Card, American Express, and Electronic Checks?

32. The assignment of merchant numbers is critical to the County's operation being able to identify the source of monies received at settlement. Discover Card and American Express assign their numbers for each application, but it will be necessary for your company to assign those numbers for VISA and MasterCard. To what extent is your numbering system flexible such that you would be wi1ling to work with the County in developing these numbers to assure easy identification and assignment of money to the proper agency andlor agency location?

33. Provide funds availability schedule by card type. Is it negotiable?

34. How do the settlement time affect our processing/discount expense?

35. ]s the funding transfer made by ACH? What expenses to the County, ifany, are associated with each type of funds transfer?

36. Do you allow for multiple settlement accounts?

37. Describe the ability of the system to break down infonnation by department and in some cases by location, and to fully disclose when money will be transmitted for deposit to the County bank account(s). Describe how this process will be accomplished.

fina16!231Z010

31

3~. Describe your company's ability 10 separate invoicing in a manner similar to the merchant identification structure. Breakdov:n of billing information \\:,ithin one departmem may be required for governmental cost accounting and auditing purposes.

39. Are settlement amount listed separately on the bank statemen1 or \\'iH they appear as one lump sum?

40. Describe your notification process when a batch transmission fails.

41. Proposer must provide settlement to the County such that the proceeds from the payment and credit records are deposited into the County account(s) by ACH on the same day transactions are made. Describe how thjs process will be accomplished.

42. Proposer must provide daily gross settlement and monthly billingijnvoicing offees to the Dallas Tax Department, Auditor's Office and Treasure. Describe hmv this process will be accomplished.

43. Describe your company's approach to settlement problem resolution. Are problems resolved on a same day basis?

44. What financial institution is used for settlement purposes?

45. Provide the number of commercial and government accounts for whom your company provides electronic payment collection services, and the volume of transactlons processed by your organization. How have these volumes changed over the last three (3) years?

46. Describe your procedures for handling charge backs and reverse an incorrect authorization.

47. What charge backs percentage 1S handled without merchant involvement?

48. How often are charge backs reversed? 1s the reversal rate different for your governmental clients that it is for private sectors clients?

49. Are credit card charge backs and other debit adjustments netted from daily proceeds, or are they debited separately?

50. Describe the information necessary for e-checks

51. Describe how mUltiple tax statements can be paid using a one sing1e transaction

52. Do you support Bank lnfonnation Number (BIN) file management to differentiate between debit card and credit card transactions?

53. Describe you debit card processing capabilities, including national and regional networks through which transaction are processed.

54. What is the funding schedule for debit card transactions (i.e. pin-less, pin-based, signature, and other based debits)?

55. List any prohibited transactions (i.e., cash advances, cash back, cash funds, etc.)?

56. Describe your procedures for assessing a convenience fee, noting any differences in procedures by various card types, induding debit cards.

57. By card type, indicate the methods that may be used for establishing the amount of a convenience fee: (i.e., fixed amount for all transactions; percentage of transaction total; tier charge based on fixed range of sales; etc.).

58. Please Jist all costs and charges associated with both taking and processing ACH, Debit, and all Credit Card types of payments as stated in the RFP. Include both your costs and any costs from the payment processor. Please list out examples of each payment type using a payment of a $150.00 amount.

59. Do you support address verification system and/or card verification value security features when authorization is attempted?

60. Describe the system controls that assure accuracy of the processing and reporting ofcreditldebit transaction processing.

6 I. Does your processing software support capturing purchasing card levels 2 and 3 data?

62. Outline the security measures in place for the protection of data transmitted for processing.

Fina16!23/2010

32

6::: Describe the seeunt::: measures used to prevent unaulhonzed user access to elther the S)/slem or the data. including lypes of encr}'plions and security features.

64_ Describe the security measures used to protect internet transactions.

65. Describe the procedures your company has implemented in the event of a disaster or equipment failure at your primary processing site(s).

66. Describe your local back-up and/or redundant systems. including: Hot site backup capabilities and testing, iocation ofaltemative processing sites and time required 10 switch from primary to alTernative site during catastrophic event.

67. What is the scheduled dowmime for the network?

68. If there is a data transmission failure, \\iho is then responsible for the notification of the failure, how wi]] it be discovered, and when will it be communicated?

69. Describe your company's electronic reponing capabilities including internet based reporting system you provide so that merchant can generate reporting on as needed basis.

70. In addition to electronic access to online reports, does your company also provide access to transaction data files that may be used by the County to interface the data directly into their internal systems?

71. What non-routine reporting is available through the relationship manager? How long do you store data for reporting purposes? What is the normal turnaround time on ad hoc report request?

72. Please provide a sample of the monthly reports you would prepare for Dallas County staff detailing the activity (transactions/charges/etc.) broken down by department plus a summary for all departments and division in totaL These reports must include all card types, as well as ACH transactions. How soon after month-end would these reports be available?

73. Outline the training plan and address the following items: Number of days from entity enrollment until training commences, Training information that would be provided and hours required, (also address ongoing training with technology changes), What personnel would require training (administrator, supervisors, fiscal staff, etc) and number of attendees per training class, Training materials to be used, Procedural and implementation manual availability, both on-line and hardcopy, and any additional infonnation not covered e

74. Outline the Implementation Plan and Project Work Schedule plan, including time lines to implement, level of technical support and production support during the implementation . Also the timetable from contract award is accepted, creating merchant numbers, TIDs and MIDs, Train, Hardware ron-out and implementation.

Final 6/2312010 33

75. Describe and identify all the peripherals, sv.,.'"ipe devices, terminal. sofl\:.;are, hard\vare, supplies and other equipment your organization wiIl be providing w process all electronic payments collection transactlons. Awarded Proposer shall assume responsibility for the performance of all equipment, materials. laboL maintenance, software and programs. The number of swipe devices locations are as fo]]o\\,s:

DaJlas County Tax Office Credit Card S\\iipe Devices for '\!Ilorkstations

I LocatlOn I DO\vntown Property Tax I 8

I Number of swipe devices

i Downtown Motor Vehjcle I 28 I Duncanville I 8 I Garland 17 I Grand Prairie 8

II

, North Dallas Mes'luite 11

II Oak Cliff 12 I Richardson I 11 I Valley View 10 I

, Totals 135 I

Fillal6123/2010

34

1 E Company Prolile

Company Legall'ame: __ ~

Company Legal Status (corporation, partnership, etc.): __________________ _

Business Address: ________________________________ _

Telephone Number: Facsimile Number: L) _______ _

Website Address: _______________ _ Email Address: __________ _

Length oftime Proposer has been in business: ___ years; Length of time at current location: __ _

Years of experience providing merchant services, credit card, debit card and electronic check processing industry: __ _

Is Proposer a sole proprietorship? Yes ___ _

Jfyes, Sole Proprietor's social security number: _____________________ _

Is Proposer a sole proprietorship doing business under a different name: Yes __ _ No __ ~

If yes, please indicate sale proprietor's name and the name you are doing business under: _____ _

Is Proposer incorporated: Yes ____ No __ _

If yes, State oflncorporation: ____________________________ _

Federal TaxpayerIDNumber: ____________________________________________________ ___

Regular business hours: ___________________________________ _

Regular holidays and hours when business is closed: ____________________ _

Contact person in reference to this RFP: __________________________ _

Telephone Number: Ll __________ ~ Facsimile Number: Ll __________ _

ErnailAddress: ________________________________________________________________ _

Contact person for accounts payable: ______________________________ _

Telephone Number: Ll _________ ~ Facsimile Number: Ll ________ ___

Email Address: _________________________________ _

Name of service manager: __________________________________ ~

Telephone Number: Ll ___________ _ Facsimile Number: Ll ________ _

Email Address __________________________________ _

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June 23, 2010

TO:

THROUGH:

FROM:

SUBJECT:

i 1 8 DALLAS COUNTY OFFICE OF BUDGET AND

Commissioners Court

Raown, Budget Officer

Office of Budget and Evaluation Staff

Hiring Freeze Exceptions

ON

The following departments have requested exceptions to the hiring freeze. Additional documentation is available for further reference.

Sheriff -Recommended The Sheriff requests a hiring freeze exception for the following two positions in the Classification/Release Division order to eliminate backlog and to have adequate staffing levels. The positions are as follows:

• Process Support Supervisor, Grade A • Process Support Supervisor, Grade A

Position No. 6308 Position No. 5744

Filling the two positions will result in an estimated total cost of $8,626 per month including benefits to the General Fund.

Tax Office - Recommended The Tax Assessor requests a hiring freeze exception for the Tax Courier Position, Grade 7 (Position No. 742). Filling this position will result in an estimated total cost of $2,971 per month including benefits to the General Fund.

County Clerk -Recommended The County Clerk requests a hiring freeze exception for three Clerk I, Grade 5 positions (#685, 6637 and 1188) that have an impact on daily operations. These positions have limited or no backup and are critical in ensuring the departments have adequate coverage on a daily basis. Filling the three positions will result in a cost of $9,573 per month including benefits to the General Fund.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 .. Fax (214) 653-6517" rlw3tkinsia)dallascountv.org

1 1 S

June 29, 20111

MISCELLANEOUS

FACILITIES MANAGEMENT - requests approval:

a) to extend the lease agreement for Texans Credit Union, for an additional 90 days, while negotiations are finalized. The credit union currently leases 470 square feet of space at the Old Criminal Courts Building located at SOl Main and 470 square feet of space located at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. This extension will expire September 22, 20JO. Recommended by Facilities Management.

b) to build and install two (2) new exterior doors, on the west side entrance of the Dallas County Administration Building. Total estimated cost for the tum key project is $4,700. Funding is available in FY20 10 Permanent Improvement Fund. Recommended by the Office of Budget and Evaluation.

2) COMMISSIONERS COURT ADMINISTRATION -requests approval:

a) to designate a Commissioners Court member to serve as Dallas County's 20] 0 NACo representative.

(COURT ORDER ON FORMAL AGENDA)

b) to schedule blood drives for Dallas County on the following dates and locations, per Carter BloodCare.

Health & Human Services Records Building Frank Crowley Courts Frank Crowley Courts George Allen Courts Grand Prairie Government Center Henry Wade Justice Center

July 19,2010 July 20, 201 0 July 2], 2010 July 22, 2010 July 22, 20] 0 July 22,2010 August 5, 2010

c) of Amendment No.2 to the Professional Services Agreement with Carl R. Griffith & Associates, Inc. ("Contractor") for the period of May I, 20 I 0 through April 30, 20ll, at a cost not to exceed $200,000, to provide assistance and professional consultation and advice to Dallas County and the Dallas County Sheriff in preparation for the upcoming State inspection of the Jail and maintaining compliance.

(COURT ORDER ON FORMAL AGENDA)

3) ROAD & BRIDGE DISTRICT NO.3 - requests approval to acquire two (2) buses from Dallas County Schools for evacuation and transportation purposes.

06/29/] 0

1/0

PLANNING & DEVELOPMENT - recommends, per Commissioners Coun's April 27 briefing instructions, proceeding with the court order which shortens a ten-year, 75% lax abatement for American Leather to six years without any recapture provisiono This item is being re-briefed at this time because it has taken longer than expected to develop the wording for the related document since a third parly owns the facility that American Leather utilizeso

(COURT ORDER ON FORMAL AGENDA)

5) HEALTH & HUMAN SERVICES - requests approval to purchase three vehicles from the Texas Department of Transportation, Section 5310, Elderly and Persons with Disabilities Program 0 Additional vehicles are needed for the program to ensure continuous transportation services to the elderly 0 The vehicles will be totally funded by the Texas Deparlment of Transportationo There is no financial impact to Dallas County 0

(COURT ORDER ON FORMAL AGENDA)

6) PURCHASING - requests approval to waive the County Purchasing limit $25,000 to allow the issuance of purchase orders to Metroplex Control Systems for the purchase and/or repairs to the security/intercom system located in the Kays and North Tower Jailso

7) IT SERVICES - to Purchase up to 24 hours of system update and change support from Crossmatch to repair the fingerprint machines in the Sterrett j ail and Juvenile Justice Center. Crossmatch, the hardware and software vendor, has submitted a quote of $200/ hour to address the issues with the system. Funding to cover the cost of this request is available in 00195.1 090006520 (IT Maintenance)o Recommended by the Office oflnformation Technologyo

8) CONSTABLE, PRECINCT NO 2 - to have two telephone and two data drops for their office renovation installedo Funding in the amount of $720 is available in the DDA fund (l203220223000000) Recommended by the Office of Budget and Evaluationo

9) DIVERT COURT - requests approval:

a) to purchase DIVERT Court case management journals for $970 (includes shipping and handling). Funding is available in DIVERT Escrow fund 5320940520 Recommended by the Office of Budget and Evaluationo

b) to purchase DART Day Pass Voucher packs to be used by participantso The Program Director is ordering 30 packs @ $25 for a total of $7500 Funding is available in DIVERT Escrow fund 532094051. Recommended by the Office of Budget and Evaluationo

06/2911 0

-'; 2

]0) VETERANS COURT - requests approvaJ to accept $J 5,000 grant/donation from the Texas Bar Foundation for operational use by the Veterans Court Recommended by the Office of Budget and Evaluation.

U) TAX ASSESSOR/COLLECTOR - would like to infonn the Commissioners Courl of the following: On June 6-10, 20]0, Tax Assessor/Collector John Ames attended the 56th annual conference of the Tax Assessor-Collector Association (TACA) of Texas where he was elected to serve in the office of Director on the board for this state wide organization. T ACA is an association to secure the benefits of organized ideas and discussion of mutual problems that will advance and maintain proper efficiency and dignity of the County Tax Office. T ACA was organized in 1934 and was a combination of the previous Tax Assessors and Tax Collectors organizations that decided to join forces and create the Tax Assessor-Collector Association of Texas. Through the years, due to members working with the legislature, several significant changes have been accomplished for the bettennent of all Tax Assessor/Collectors. These changes include the four year term of office and the retirement system for county officials. Today, Tax Assessor/Collectors and their deputies from most of the 254 counties attend. Mr. Ames represents the largest county on the board and will bring a large county perspective when discussions are held that will influence operations, efficiencies and improvements in the Tax Office.

12) JUVENILE - requests approval for Dr. McVea to attend required training in Palm Beach, Florida on July 26-28, 2010. The lodging exceeds the TJPC per diem rate for hotel. The total hotel balance due is $311. TJPC will cover $246 ($1 J 0 plus tax maximum allowed) and Juvenile Administration will cover the balance of$65. Recommended by the Office of Budget and Evaluation.

TRAVEL REQUESTS

13) INSTITUTE QF FORENSIC SCIENCES - requests approval for:

a) Brenda Espinoza to attend the Continuing Education for Forensic Professionals in Boston, Massachusetts on August j -8,2010, at 110 cost to Dallas County.

b) Kimberly Anderson-Black, Jodi Outland and Kyle Kaighen to attend the Forensic Sciences Training Program in New York City, New York on September 12-17,2010, at no cost to Dallas County.

06/29/] 0

14) CONSTABLE. PRECINCT NO.4 - requests approval for Deputy Bud Forester to attend the Towing, Storage and Booting Advisory Board Meeting in Austin, Texas on August 3, 20]0, in a County vehicle with gas credit card and no other cost to Dallas County.

15) SHERIFF - requests approval for B. Spann agel and Dan Andrews to attend the 20] 0 Texas Teen Tobacco Summit and Tobacco Prevention Conference in The Woodlands, Texas on July 24-28, 20]0, in a County vehicle with gas credit cards: $] ,900 is available in Grant Fund, Tobacco Grant Fund, Budget 2010, (00466.5200.20 10).

Hi) CRIMINAL JUSTICE - requests approval for Ron Stretcher to attend the Legislative Travel, House Corrections Committee Meeting in Houston, Texas on June 30, 2010: $362.90 is available in General Fund, Commissioners Court Administration, Legislative Travel Fund, FY Budget 0000, (0012.1020.4110.0000).

17) IT SERVICES - requests approval for Brett Taylor, Ellease Frances, Sravanthi Bora, Quamrul Polash, John Langley and Julio Cuin to review the Fleet Program (F AMIS) in San Angelo, Texas on July I, 20 I 0, in a County vehicle with gas credit cards: $1,048 is available in Major Technology Fund, IT Services Department, Business Travel Account, FY Budget 0000, (00195.1090.4010.0000) and $524 is available in General Fund, ASC Department, Business Travel Account, FY Budget 0000, (00120.]027.4010.0000).

18) HEALTH & HUMAN SERVICES - requests approval for:

a) Deborah Anthony to attend a Clinical Conference in Dallas, Texas on July 9-10, 20JO, at no cost to Dallas County.

b) Dindi Moore-Matthews to assist Houston Department of Health & Human Services with the Hip Hop for HIV Awareness Campaign in Houston, Texas on Julv 18-22, 20J 0: $660.92 is available in Grant Fund, SEE Department, Conference Training Account, FY Budget 2010, (00466.08740.02460.2010).

c) Marisa Gonzales and Saul Rojas to assist Houston Department of Health & Human Services with the Hip Hop for HIV Awareness Campaign in Houston, Texas on July 18-22,2010: $1,730 is available in Grant Fund, VD Epidemilogy Department, Conference Training Account, FY Budget 2010, (00466.08740.02460.2010).

d) Gabriela Cantu to attend the Influenza Surveillance Coordinators Meeting in Austin, Texas on July ]9-20,2010, at no cost to Dallas County.

06/29/J0

e) Anginette Stratford, Manuel Migoni, Merecia Smith (Booker) and Sheiia Jenkins to attend the Section 8 Texas Housing Association 2010 Annual Conference in Houston, Texas on August 23-26, 2010: $4,380 ($],200 registration fee) is available in Grant Fund, Section 8 Department, Training Fee Account, FY Budget 2004, (00467.08050.2460.2004).

EXCEPTION TO TRAVEL REQUESTS UNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED

Travel requests submitted fOr approval aOer travel had occurred:

19) INSTITUTE OF FORENSIC SCIENCES - requests approval for Steven Kurtz to attend the Forensic Sciences Training & Workshop in Bellevue, Washington on June 20-23, 20] 0, at no cost to Dallas County.

20) SHERIFF - requests approval for Detective George Arrieta to attend The Texas Gang Investigators Association Annual Conference in Houston, Texas on June 28, 2010 through July 2, 2010, at no cost to Dallas County.

Travel Request with reimbursements going over Dallas County Policy maximum reimbursement schedule:

21) ELECTIONS - requests approval for:

a) Toni Pippins-Poole to attend the 28th Annual Secretary of States Election Law Seminar in Austin, Texas on August 22-26, 2010: $1,279.70 ($150 registration fee) is available in Escrow Fund, Elections Department, Business Travel Account, FY Budget 2010, (00532.1210.94036.0410.2010). (I'o be fully or partially reimbursed through Chapter 19 or HAVA Funds).

b) Bruce Sherbet to attend the 28th Annual Secretary of States Election Law Seminar in Austin, Texas on August 22-26, 2010: $1,279.70 ($150 registration fee) is available in Escrow Fund, Ejections Department, Business Travel Account, FY Budget 20] 0, (00532.1210.94036.0410.2010). (I'o be fully or partially reimbursed through Chapter 19 or HA VA Funds).

06/29/J0

(1)

(2)

c) Danny ClaYlOn 10 altend the 28 th Annual Secretary of States Election Law Seminar Austin, Texas on August 22-26, 2010: $979.70 ($150 registration fee) is available in Escrow Fund, Elections Department, Business Travel Account, FY Budget 2010, (00532. J 21 0.94036.0410.2010). (1'0 be fully or partially reimbursed through Chapter] 9 or HAVA Funds).

MISCELLANEOUS EOUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.

DEPARTMENT: ITEMS:

ESTIMA TED COST: FUNDING SOURCE:

PROPOSED ACTION:

DEPARTMENT: ITEMS: ESTlMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

Office ofInformation Technology 2 -PPM Adv. Report Builder - Work Intelligence Professional - aJlows creation of advance reports for consumption by authorized users 85 - PPM Standard-Subscription 25 - PPM View only Subscription -includes WI Viewer $40,895.58 195.1 090.06520 (Major Technologv, Maintenance) The Office of Information Technology requests Commissioner's Court approval to purchase Daptiv Subscription Renewals for the periods of 7/9/2010 -7/8/2010. Funding is available in 195.1 090.06520. Recommended by the Office of Information Technology.

1023 Communications & Central Services 5 - Walker W10 Devices $115 Within Budget 00120.1023.07210.2010 (General Fund, Communications & Central Services, Telecommunications Equipment. FY201 0) Communications & Central Services requests approval to purchase 5 - Walker WIO devices to accommodate hearing impaired with volume control while taking phone calls. Recommended by Communications & Central Services.

06/2911 0

(3) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

'12

2004 Clean Air Task Force I - Vehicle with equipment $25,000 Grant Fund 466.0.0.0.0.2004 (Grant Fund. Clean Air Task Force. Vehicles. FY2010) Clean Air Task Force requests authorization to purchase a vehicle and equipment. Recommended by the Office of Budget and Evaluation.

(4) DEPARTMENT: 4060 Jury Services I - Projector $2,000

ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(5) DEPARTMENT: ITEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(6) DEPARTMENT: ITEMS: ESTlMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

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Within Budget 120.4060.2090.0000 (General Fund. Jurv Services, Propertv Less Than $5,000. FY201O) Jury Services requests authorization to repJace the projector that is broken and cannot be repaired. Recommended by the Office of Budget and Evaluation.

Institute of Forensic Science 18 - Wide-screen computer monitors ($400 each) $7,200 Grant Fund 466.0.0.2008.0.0.3400.0 (Grant Fund, SWIFS. FY201O) Institute of Forensic Science requests authorization to purchase monitors through the DNA Backlog Reduction grant. Recommended by the Office of Budget and Evaluation.

Institute of Forensic Science 7 - Biometric Readers ($3,000 ea) $21,000 Grant Fund 466.0.0.2008.0.0.3400.0 (Grant Fund. SWIFS. FY2010)

(7)

(8)

PROPOSED ACTION:

DEPARTMENT: lTEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: ITEMS: ESTIMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(9) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(HI) DEPARTMENT: ITEMS:

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lnstitute of Forensic Science requests authorization to purchase biometric readers through the DNA Backlog Reduction grant Recommended by the Office of Budget and Evaluation.

Institute of Forensic Science 13 - Data circuit switches ($3,500 ea) 26 - Gigabit interface converters ($295 ea) $53,170 Grant Fund 466.0.0.2008.0.0.3400.0 (Grant Fund, SWIFS, FY20JO) Institute of Forensic Science requests authorization to purchase data network hardware through the DNA Backlog Reduction grant. Recommended by the Office of Budget and Evaluation.

Institute of Forensic Science 3 - Shaking incubators ($2,499 ea) $7,497 Grant Fund 466.0.0.2008.0.0.3400.0 (Grant Fund, SWIFS, FY201O) Institute of Forensic Science requests authorization to purchase shaking incubators through the DNA Backlog Reduction grant. Recommended by the Office of Budget and Evaluation.

Household Hazardous Waste 2 - High Back Chair ($210 ea) $420 Escrow Fund 532.05160.0.0.94017 fHHW Escrow Account) Household Hazardous Waste requests authorization to purchase two replacement chairs for the Household Hazardous Waste Facility. Recommended by the Offi;;e of Budget and Evaluation.

Facilities Management - Quality Assurance I - Husky 1.5 gallon Air Compressor ($40 additional)

ESTlMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(11) DEPARTMENT: ITEMS: ESTIMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACT10N:

(12) DEPARTMENT:

ITEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

06/29/10

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$40 Within Budget 120.1028.2670 (General Fund. Facilities OA Maintenance. FY20 10) Facilities Management - Quality Assurance briefed the listed compressor for $56 on June 1,2010. The original compressor has been discontinued and no longer available. Purchasing has provided the new compressor cost of $90, additional funds of $40 are required. Recommended by the Office of Budget and Evaluation.

Health & Human Services - TB Refugee 3 - Destroyit Cross cut shredder $990 Within Budget 466.0000.02090.20] ° (Grant Fund, Health & Human Services. Propertv. Jess than $5,000, FY2010) The Health & Human Services Department is requesting authorization to purchase the above listed item for the TB Refugee Grant #8702, which was court, ordered on September 29, 2009, and assigned court order number 2009 - 1809. Recommended by the Office of Budget and Evaluation.

Health & Human Services - Section 8 Reserve 7 - Surge arrest 8 - outlet w 2Tel Split Jack 7 - Optiplex 780 w/19' Monitor $7,241 Within Budget 467.0000.02093.2004 (Grant Fund. Health & Human Services, Property. less than $5,000, FY201O) The Health & Human Services Department is requesting authorization to purchase the above listed item for the Section 8 Reserve Grant #8050, which was court, ordered on December 18, 2001, and assigned court order number 200] - 2428. Recommended by the Office of Budget and Evaluation.

(13) DEPARTMENT

ITEMS:

ESTIMA TED COST: FUNDlNG SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTlON:

(14) DEPARTMENT:

ITEMS:

ESTIMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(I 5) DEPARTMENT: ITEM: ESTIMATED COST: FUNDING SOURCE: EXPENDlTURE SOURCE: PROPOSED ACTION:

06/29/10

Health & Human Services - ASNP Escrow Account 3 - Frigidaire Compact I - Muratec 1 year maintenance and warranty $U 13 Escrow 532.0000.02090.0000 (Escrow Fund. Health & Human Services. Propertv. less than $5.000. FY20l 0) The Health & Human Services Department is requesting authorization to purchase the above listed items for the ASNP Escrow Account #9480], which was court, ordered on January 12, 2010, and assigned court order number 2010 - 0088. Recommended by the Office of Budget and Evaluation.

Health & Human Services - mv Surveillance 1 - Steel Master Security Locking Key I - HeatSeal Quickstart H320 Laminating $420 Within Budget 466.0000.02090.2010 (Grant Fund. Health & Human Services. Propertv. less than $5.000. FY201 0) The Health & Human Services Department is requesting authorization to purchase the above listed items for the HIV Surveillance Grant #8727, which was court, ordered on December J 6, 2008, and assigned court order number 2008 - 2372. Recommended by the Office of Budget and Evaluation.

Justice of the Peace 1-2 (Nash) I - Computer Table $0 Surplus NIA Judge Nash requests approval to transfer a computer table from surplus warehouse to lP J -2. The computer table is needed to complete a work center fax area for clerical staff. Recommended by the Office of Budget and Evaluation.

(16) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(17) DEPARTMENT: ITEMS:

ESTlMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(18) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

06/29/10

Records Management 10- Wall Fans ($265 each) $2,650 Commissioners Court Record Escrow PO. 1 024.2090 (General Fund. Records Manaeement. Propertv Less than $5.000. FY2010) Records Management requests wall fans to be used at the warehouse. The wall fans will be permanently attached to the walls at the warehouse. Recommended by the Office of Budget and Evaluation.

Facilities Management - Quality Assurance 15 - High Resolution Cameras ($195 each) 4 - Zoom Cameras ($970 each) I - Platfonn truck used for distribution of materials ($513) $7,318 Within Budget J 20. J 028.2670 (General Fund, Facilities QA Maintenance, FY201O) Facilities Management - Quality Assurance requests the approval to purchase the listed equipment for the ongoing maintenance of the jails. Recommended by the Office of Budget and Evaluation.

Planning and Development - CDBG I - Desktop Computer $1,800 Grant Funds 466.0000.8640.2011.0000.0000.9384 (CDBG, Computer Hardware Planning and Development requests approval to purchase a replacement computer for the CDBG Financial Administrator. The CDBG Financial Administrator requires use of the HUD financial system. The current computer is unabJe to access the system without locking up. Recommended by the Office of Infonnation Technology.

(19) DEPARTMENT

ITEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTlON:

Community Supervision & Corrections Department (CSCD) 1 - Modular Furniture for a 4C Unit $15,778 J - Data/Telecom Wire Pulls - $1,737 $17.5J5 Within Budget 128.0.84 J 0.2009.370 (Adult Probation. Furniture and Equipment.) CSCD requests the approval to purchase the listed furniture for their office area. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICATIONS

IT Services - M-1006023 - requests two (2) J 140E VoIP Phones with power supply for use in the Records bldg during the flood repair work. Equipment $488.00; Installation $0.00; Recurring Cost $0.00 - Recommended Fund: 00196.0.08130.0.070156

• Funding for the above requests are available from countywide department J 023, line item 7210 telecom equipment and department J023, line item 6250 cable contract, jf otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department ]023, line item 7214.

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